[House Report 106-969]
[From the U.S. Government Publishing Office]



106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     106-969

======================================================================



 
          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2001

                                _______
                                

                October 11, 2000.--Ordered to be printed

                                _______
                                

  Mr. Goss, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 4392]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
4392), to authorize appropriations for fiscal year 2001 for 
intelligence and intelligence-related activities of the United 
States Government, the Community Management Account and the 
Central Intelligence Agency Retirement and Disability System, 
and for other purposes having met, after full and free 
conference, have agreed to recommend and do recommend to their 
respective Houses as follows:
      That the House recede from its disagreement to the 
amendment of the Senate and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
Senate amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

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

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                      TITLE III--GENERAL PROVISIONS

                   Subtitle A--Intelligence Community

Sec. 301. Increase in employee compensation and benefits authorized by 
          law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Sense of the Congress on intelligence community contracting.
Sec. 304. Prohibition on unauthorized disclosure of classified 
          information.
Sec. 305. Authorization for travel on any common carrier for certain 
          intelligence collection personnel.
Sec. 306. Update of report on effects of foreign espionage on United 
          States trade secrets.
Sec. 307. POW/MIA analytic capability within the intelligence community.
Sec. 308. Applicability to lawful United States intelligence activities 
          of Federal laws implementing international treaties and 
          agreements.
Sec. 309. Limitation on handling, retention, and storage of certain 
          classified materials by the Department of State.
Sec. 310. Designation of Daniel Patrick Moynihan Place.
Sec. 311. National Security Agency voluntary separation.

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

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

                  TITLE IV--CENTRAL INTELLIGENCE AGENCY

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

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

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

                  TITLE VI--COUNTERINTELLIGENCE MATTERS

Sec. 601. Short title.
Sec. 602. Orders for electronic surveillance under the Foreign 
          Intelligence Surveillance Act of 1978.
Sec. 603. Orders for physical searches under the Foreign Intelligence 
          Surveillance Act of 1978.
Sec. 604. Disclosure of information acquired under the Foreign 
          Intelligence Surveillance Act of 1978 for law enforcement 
          purposes.
Sec. 605. Coordination of counterintelligence with the Federal Bureau of 
          Investigation.
Sec. 606. Enhancing protection of national security at the Department of 
          Justice.
Sec. 607. Coordination requirements relating to the prosecution of cases 
          involving classified information.
Sec. 608. Severability.

               TITLE VII--DECLASSIFICATION OF INFORMATION

Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Public Interest Declassification Board.
Sec. 704. Identification, collection, and review for declassification of 
          information of archival value or extraordinary public 
          interest.
Sec. 705. Protection of national security information and other 
          information.
Sec. 706. Standards and procedures.
Sec. 707. Judicial review.
Sec. 708. Funding.
Sec. 709. Definitions.
Sec. 710. Sunset.

  TITLE VIII--DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT

Sec. 801. Short title.
Sec. 802. Designation.
Sec. 803. Requirement of disclosure of records.
Sec. 804. Expedited processing of requests for Japanese Imperial 
          Government records.
Sec. 805. Effective date.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal 
year 2001 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United 
States Government:
            (1) The Central Intelligence Agency.
            (2) The Department of Defense.
            (3) The Defense Intelligence Agency.
            (4) The National Security Agency.
            (5) The Department of the Army, the Department of 
        the Navy, and the Department of the Air Force.
            (6) The Department of State.
            (7) The Department of the Treasury.
            (8) The Department of Energy.
            (9) The Federal Bureau of Investigation.
            (10) The National Reconnaissance Office.
            (11) The National Imagery and Mapping Agency.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--The 
amounts authorized to be appropriated under section 101, and 
the authorized personnel ceilings as of September 30, 2001, for 
the conduct of the intelligence and intelligence-related 
activities of the elements listed in such section, are those 
specified in the classified Schedule of Authorizations prepared 
to accompany the conference report on the bill H.R. 4392 of the 
One Hundred Sixth Congress.
    (b) Availability of Classified Schedule of 
Authorizations.--The Schedule of Authorizations shall be made 
available to the Committees on Appropriations of the Senate and 
House of Representatives and to the President. The President 
shall provide for suitable distribution of the Schedule, or of 
appropriate portions of the Schedule, within the executive 
branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

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

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized 
to be appropriated for the Community Management Account of the 
Director of Central Intelligence for fiscal year 2001 the sum 
of $163,231,000. Within such amount, funds identified in the 
classified Schedule of Authorizations referred to in section 
102(a) for the Advanced Research and Development Committee 
shall remain available until September 30, 2002.
    (b) Authorized Personnel Levels.--The elements within the 
Community Management Account of the Director of Central 
Intelligence are authorized 313 full-time personnel as of 
September 30, 2001. Personnel serving in such elements may be 
permanent employees of the Community Management Account or 
personnel detailed from other elements of the United States 
Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition 
        to amounts authorized to be appropriated for the 
        Community Management Account by subsection (a), there 
        are also authorized to be appropriated for the 
        Community Management Account for fiscal year 2001 such 
        additional amounts as are specified in the classified 
        Schedule of Authorizations referred to in section 
        102(a). Such additional amounts shall remain available 
        until September 30, 2002.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of 
        the Community Management Account as of September 30, 
        2001, there are hereby authorized such additional 
        personnel for such elements as of that date as are 
        specified in the classified Schedule of Authorizations.
    (d) Reimbursement.--Except as provided in section 113 of 
the National Security Act of 1947 (50 U.S.C. 404h), during 
fiscal year 2001, any officer or employee of the United States 
or a member of the Armed Forces who is detailed to the staff of 
the Community Management Account from another element of the 
United States Government shall be detailed on a reimbursable 
basis, except that any such officer, employee, or member may be 
detailed on a nonreimbursable basis for a period of less than 1 
year for the performance of temporary functions as required by 
the Director of Central Intelligence.
    (e) National Drug Intelligence Center.--
            (1) In general.--Of the amount authorized to be 
        appropriated in subsection (a), $34,100,000 shall be 
        available for the National Drug Intelligence Center. 
        Within such amount, funds provided for research, 
        development, test, and evaluation purposes shall remain 
        available until September 30, 2002, and funds provided 
        for procurement purposes shall remain available until 
        September 30, 2003.
            (2) Transfer of funds.--The Director of Central 
        Intelligence shall transfer to the Attorney General 
        funds available for the National Drug Intelligence 
        Center under paragraph (1). The Attorney General shall 
        utilize funds so transferred for the activities of the 
        National Drug Intelligence Center.
            (3) Limitation.--Amounts available for the National 
        Drug Intelligence Center may not be used in 
        contravention of the provisions of section 103(d)(1) of 
        the National Security Act of 1947 (50 U.S.C. 403-
        3(d)(1)).
            (4) Authority.--Notwithstanding any other provision 
        of law, the Attorney General shall retain full 
        authority over the operations of the National Drug 
        Intelligence Center.

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

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

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

                     TITLE III--GENERAL PROVISIONS

                   Subtitle A--Intelligence Community

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

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

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

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

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

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

SEC. 304. PROHIBITION ON UNAUTHORIZED DISCLOSURE OF CLASSIFIED 
                    INFORMATION.

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

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

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

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

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

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


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


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

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

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

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

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

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


                     ``pow/mia analytic capability


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

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

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

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

             ``TITLE X--ADDITIONAL MISCELLANEOUS PROVISIONS


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


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

             ``TITLE X--ADDITIONAL MISCELLANEOUS PROVISIONS

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

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

    (a) Certification Regarding Full Compliance With 
Requirements.--The Director of Central Intelligence shall 
certify to the appropriate committees of Congress whether or 
not each covered element of the Department of State is in full 
compliance with all applicable directives of the Director of 
Central Intelligence relating to the handling, retention, or 
storage of covered classified material.
    (b) Limitation on Certification.--The Director of Central 
Intelligence may not certify a covered element of the 
Department of State as being in full compliance with the 
directives referred to in subsection (a) if the covered element 
is currently subject to a waiver of compliance with respect to 
any such directive.
    (c) Report on Noncompliance.--Whenever the Director of 
Central Intelligence determines that a covered element of the 
Department of State is not in full compliance with any 
directive referred to in subsection (a), the Director shall 
promptly notify the appropriate committees of Congress of such 
determination.
    (d) Effects of Certification of Non-Full Compliance.--(1) 
Subject to subsection (e), effective as of January 1, 2001, a 
covered element of the Department of State may not retain or 
store covered classified material unless the Director has 
certified under subsection (a) as of such date that the covered 
element is in full compliance with the directives referred to 
in subsection (a).
    (2) If the prohibition in paragraph (1) takes effect in 
accordance with that paragraph, the prohibition shall remain in 
effect until the date on which the Director certifies under 
subsection (a) that the covered element involved is in full 
compliance with the directives referred to in that subsection.
    (e) Waiver by Director of Central Intelligence.--(1) The 
Director of Central Intelligence may waive the applicability of 
the prohibition in subsection (d) to an element of the 
Department of State otherwise covered by such prohibition if 
the Director determines that the waiver is in the national 
security interests of the United States.
    (2) The Director shall submit to appropriate committees of 
Congress a report on each exercise of the waiver authority in 
paragraph (1).
    (3) Each report under paragraph (2) with respect to the 
exercise of authority under paragraph (1) shall set forth the 
following:
            (A) The covered element of the Department of State 
        addressed by the waiver.
            (B) The reasons for the waiver.
            (C) The actions that will be taken to bring such 
        element into full compliance with the directives 
        referred to in subsection (a), including a schedule for 
        completion of such actions.
            (D) The actions taken by the Director to protect 
        any covered classified material to be handled, 
        retained, or stored by such element pending achievement 
        of full compliance of such element with such 
        directives.
    (f) Definitions.--In this section:
            (1) The term ``appropriate committees of Congress'' 
        means the following:
                    (A) The Select Committee on Intelligence 
                and the Committee on Foreign Relations of the 
                Senate.
                    (B) The Permanent Select Committee on 
                Intelligence and the Committee on International 
                Relations of the House of Representatives.
            (2) The term ``covered classified material'' means 
        any material classified at the Sensitive Compartmented 
        Information (SCI) level.
            (3) The term ``covered element of the Department of 
        State'' means each element of the Department of State 
        that handles, retains, or stores covered classified 
        material.
            (4) The term ``material'' means any data, 
        regardless of physical form or characteristic, 
        including written or printed matter, automated 
        information systems storage media, maps, charts, 
        paintings, drawings, films, photographs, engravings, 
        sketches, working notes, papers, reproductions of any 
        such things by any means or process, and sound, voice, 
        magnetic, or electronic recordings.
            (5) The term ``Sensitive Compartmented Information 
        (SCI) level'', in the case of classified material, 
        means a level of classification for information in such 
        material concerning or derived from intelligence 
        sources, methods, or analytical processes that requires 
        such information to be handled within formal access 
        control systems established by the Director of Central 
        Intelligence.

SEC. 310. DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE.

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

SEC. 311. NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION ACT.

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


            ``national security agency voluntary separation


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

may, pursuant to regulations promulgated under this section, 
apply and be retired from the National Security Agency and 
receive benefits in accordance with chapter 83 or 84 of title 
5, United States Code, if the employee has not less than 10 
years of service with the National Security Agency.
    ``(e) Amount of Separation Pay and Treatment for Other 
Purposes.--
            ``(1) Amount.--Separation pay shall be paid in a 
        lump sum and shall be equal to the lesser of--
                    ``(A) an amount equal to the amount the 
                employee would be entitled to receive under 
                section 5595(c) of title 5, United States Code, 
                if the employee were entitled to payment under 
                such section; or
                    ``(B) $25,000.
            ``(2) Treatment.--Separation pay shall not--
                    ``(A) be a basis for payment, and shall not 
                be included in the computation, of any other 
                type of Government benefit; and
                    ``(B) be taken into account for the purpose 
                of determining the amount of any severance pay 
                to which an individual may be entitled under 
                section 5595 of title 5, United States Code, 
                based on any other separation.
    ``(f) Reemployment Restrictions.--An employee who receives 
separation pay under such program may not be reemployed by the 
National Security Agency for the 12-month period beginning on 
the effective date of the employee's separation. An employee 
who receives separation pay under this section on the basis of 
a separation occurring on or after the date of the enactment of 
the Federal Workforce Restructuring Act of 1994 (Public Law 
103-236; 108 Stat. 111) and accepts employment with the 
Government of the United States within 5 years after the date 
of the separation on which payment of the separation pay is 
based shall be required to repay the entire amount of the 
separation pay to the National Security Agency. If the 
employment is with an Executive agency (as defined by section 
105 of title 5, United States Code), the Director of the Office 
of Personnel Management may, at the request of the head of the 
agency, waive the repayment if the individual involved 
possesses unique abilities and is the only qualified applicant 
available for the position. If the employment is with an entity 
in the legislative branch, the head of the entity or the 
appointing official may waive the repayment if the individual 
involved possesses unique abilities and is the only qualified 
applicant available for the position. If the employment is with 
the judicial branch, the Director of the Administrative Office 
of the United States Courts may waive the repayment if the 
individual involved possesses unique abilities and is the only 
qualified applicant available for the position.
    ``(g) Bar on Certain Employment.--
            ``(1) Bar.--An employee may not be separated from 
        service under this section unless the employee agrees 
        that the employee will not--
                    ``(A) act as agent or attorney for, or 
                otherwise represent, any other person (except 
                the United States) in any formal or informal 
                appearance before, or, with the intent to 
                influence, make any oral or written 
                communication on behalf of any other person 
                (except the United States) to the National 
                Security Agency; or
                    ``(B) participate in any manner in the 
                award, modification, or extension of any 
                contract for property or services with the 
                National Security Agency,
        during the 12-month period beginning on the effective 
        date of the employee's separation from service.
            ``(2) Penalty.--An employee who violates an 
        agreement under this subsection shall be liable to the 
        United States in the amount of the separation pay paid 
        to the employee pursuant to this section multiplied by 
        the proportion of the 12-month period during which the 
        employee was in violation of the agreement.
    ``(h) Limitations.--Under this program, early retirement 
and separation pay may be offered only--
            ``(1) with the prior approval of the Director;
            ``(2) for the period specified by the Director; and
            ``(3) to employees within such occupational groups 
        or geographic locations, or subject to such other 
        similar limitations or conditions, as the Director may 
        require.
    ``(i) Regulations.--Before an employee may be eligible for 
early retirement, separation pay, or both, under this section, 
the Director shall prescribe such regulations as may be 
necessary to carry out this section.
    ``(j) Reporting Requirements.--
            ``(1) Notification.--The Director may not make an 
        offer of early retirement, separation pay, or both, 
        pursuant to this section until 15 days after submitting 
        to the Permanent Select Committee on Intelligence of 
        the House of Representatives and the Select Committee 
        on Intelligence of the Senate a report describing the 
        occupational groups or geographic locations, or other 
        similar limitations or conditions, required by the 
        Director under subsection (h), and includes the 
        proposed regulations issued pursuant to subsection (i).
            ``(2) Annual report.--The Director shall submit to 
        the President and the Permanent Select Committee on 
        Intelligence of the House of Representatives and the 
        Select Committee on Intelligence of the Senate an 
        annual report on the effectiveness and costs of 
        carrying out this section.
    ``(k) Remittance of Funds.--In addition to any other 
payment that is required to be made under subchapter III of 
chapter 83 or chapter 84 of title 5, United States Code, the 
National Security Agency shall remit to the Office of Personnel 
Management for deposit in the Treasury of the United States to 
the credit of the Civil Service Retirement and Disability Fund, 
an amount equal to 15 percent of the final basic pay of each 
employee to whom a voluntary separation payment has been or is 
to be paid under this section. The remittance required by this 
subsection shall be in lieu of any remittance required by 
section 4(a) of the Federal Workforce Restructuring Act of 1994 
(5 U.S.C. 8331 note).''.
    (b) Clerical Amendment.--The table of contents for title 
III of the National Security Act of 1947 is amended by 
inserting at the beginning the following new item:

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

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

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

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

SEC. 322. PERSONNEL.

    (a) Establishment of Position of Chief Executive Officer.--
            (1) In general.--Effective 60 days after the date 
        of the enactment of this Act, there is established the 
        position of Chief Executive Officer of the Diplomatic 
        Telecommunications Service Program Office (hereinafter 
        in this subtitle referred to as the ``CEO'').
            (2) Qualifications.--
                    (A) In general.--The CEO shall be an 
                individual who--
                            (i) is a communications 
                        professional;
                            (ii) has served in the commercial 
                        telecommunications industry for at 
                        least 7 years;
                            (iii) has an extensive background 
                        in communications system design, 
                        maintenance, and support and a 
                        background in organizational 
                        management; and
                            (iv) submits to a background 
                        investigation and possesses the 
                        necessary qualifications to obtain a 
                        security clearance required to meet the 
                        highest United States Government 
                        security standards.
                    (B) Limitations.--The CEO may not be an 
                individual who was an officer or employee of 
                DTS-PO prior to the date of the enactment of 
                this Act.
            (3) Appointment authority.--The CEO of DTS-PO shall 
        be appointed by the Director of the Office of 
        Management and Budget.
            (4) First appointment.--
                            (i) Deadline.--The first 
                        appointment under this subsection shall 
                        be made not later than May 1, 2001.
                            (ii) Limitation on use of funds.--
                        Of the funds available for DTS-PO on 
                        the date of the enactment of this Act, 
                        not more than 75 percent of such funds 
                        may be obligated or expended until a 
                        CEO is appointed under this subsection 
                        and assumes such position.
                            (iii) May not be an officer or 
                        employee of federal government.--The 
                        individual first appointed as CEO under 
                        this subtitle may not have been an 
                        officer or employee of the Federal 
                        government during the 1 year period 
                        immediately preceding such appointment.
            (5) Vacancy.--In the event of a vacancy in the 
        position of CEO or during the absence or disability of 
        the CEO, the Director of the Office of Management and 
        Budget may designate an officer or employee of DTS-PO 
        to perform the duties of the position as the acting 
        CEO.
            (6) Authorities and duties.--
                    (A) In general.--The CEO shall have 
                responsibility for day-to-day management and 
                operations of DTS, subject to the supervision 
                of the Diplomatic Telecommunication Service 
                Oversight Board established under this 
                subtitle.
                    (B) Specific authorities.--In carrying out 
                the responsibility for day-to-day management 
                and operations of DTS, the CEO shall, at a 
                minimum, have--
                            (i) final decision-making authority 
                        for implementing DTS policy; and
                            (ii) final decision-making 
                        authority for managing all 
                        communications technology and security 
                        upgrades to satisfy DTS user 
                        requirements.
                    (C) Certification regarding security.--The 
                CEO shall certify to the appropriate 
                congressional committees that the operational 
                and communications security requirements and 
                practices of DTS conform to the highest 
                security requirements and practices required by 
                any agency utilizing the DTS.
                    (D) Reports to congress.--
                            (i) Semiannual reports.--Beginning 
                        on August 1, 2001, and every 6 months 
                        thereafter, the CEO shall submit to the 
                        appropriate congressional committees of 
                        jurisdiction a report regarding the 
                        activities of DTS-PO during the 
                        preceding 6 months, the current 
                        capabilities of DTS-PO, and the 
                        priorities of DTS-PO for the subsequent 
                        6 month period. Each report shall 
                        include a discussion about any 
                        administrative, budgetary, or 
                        management issues that hinder the 
                        ability of DTS-PO to fulfill its 
                        mandate.
                            (ii) Other reports.--In addition to 
                        the report required by clause (i), the 
                        CEO shall keep the appropriate 
                        congressional committees of 
                        jurisdiction fully and currently 
                        informed with regard to DTS-PO 
                        activities, particularly with regard to 
                        any significant security infractions or 
                        major outages in the DTS.
    (b) Establishment of Positions of Deputy Executive 
Officer.--
            (1) In general.--There shall be 2 Deputy Executive 
        Officers of the Diplomatic Telecommunications Service 
        Program Office, each to be appointed by the President.
            (2) Duties.--The Deputy Executive Officers shall 
        perform such duties as the CEO may require.
    (c) Termination of Positions of Director and Deputy 
Director.--Effective upon the first appointment of a CEO 
pursuant to subsection (a), the positions of Director and 
Deputy Director of DTS-PO shall terminate.
    (d) Employees of DTS-PO.--
            (1) In general.--DTS-PO is authorized to have the 
        following employees: a CEO established under subsection 
        (a), 2 Deputy Executive Officers established under 
        subsection (b), and not more than 4 other employees.
            (2) Applicability of certain civil service laws.--
        The CEO and other officers and employees of DTS-PO may 
        be appointed without regard to the provisions of title 
        5, United States Code, governing appointments in the 
        competitive service, and may be paid without regard to 
        the provisions of chapter 51 and subchapter III of 
        chapter 53 of that title relating to classification and 
        General Schedule pay rates.
            (3) Authority of director of omb to prescribe pay 
        of employees.--The Director of the Office of Management 
        and Budget shall prescribe the rates of basic pay for 
        positions to which employees are appointed under this 
        section on the basis of their unique qualifications.
    (e) Staff of Federal Agencies.--
            (1) In general.--Upon request of the CEO, the head 
        of any Federal department or agency may detail, on a 
        reimbursable basis, any of the personnel of that 
        department or agency to DTS-PO to assist it in carrying 
        out its duties under this subtitle.
            (2) Continuation of service.--An employee of a 
        Federal department or agency who was performing 
        services on behalf of DTS-PO prior to the effective 
        date of the reorganization under this subtitle shall 
        continue to be detailed to DTS-PO after that date, upon 
        request.

SEC. 323. DIPLOMATIC TELECOMMUNICATIONS SERVICE OVERSIGHT BOARD.

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

SEC. 324. GENERAL PROVISIONS.

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

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

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

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

SEC. 402. TECHNICAL CORRECTIONS.

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

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

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

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

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


                         ``detail of employees


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

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

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

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

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

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

SEC. 501. CONTRACTING AUTHORITY FOR THE NATIONAL RECONNAISSANCE OFFICE.

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

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

    If the Director of Central Intelligence requests that the 
Secretary of Defense exercise any authority available to the 
Secretary under section 1101(b) of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (Public Law 105-
261; 5 U.S.C. 3104 note) to carry out a program of special 
personnel management authority at the National Imagery and 
Mapping Agency and the National Security Agency in order to 
facilitate recruitment of eminent experts in science and 
engineering at such agencies, the Secretary shall respond to 
such request not later than 30 days after the date of such 
request.

SEC. 503. MEASUREMENT AND SIGNATURE INTELLIGENCE.

    (a) Study of Options.--The Director of Central Intelligence 
shall, in coordination with the Secretary of Defense, conduct a 
study of the utility and feasibility of various options for 
improving the management and organization of measurement and 
signature intelligence, including--
            (1) the option of establishing a centralized 
        tasking, processing, exploitation, and dissemination 
        facility for measurement and signature intelligence;
            (2) options for recapitalizing and reconfiguring 
        the current systems for measurement and signature 
        intelligence; and
            (3) the operation and maintenance costs of the 
        various options.
    (b) Report.--Not later than April 1, 2001, the Director and 
the Secretary shall jointly submit to the appropriate 
committees of Congress a report on their findings as a result 
of the study required by subsection (a). The report shall set 
forth any recommendations that the Director and the Secretary 
consider appropriate.
    (c) Appropriate Committees of Congress Defined.--In this 
section, the term ``appropriate committees of Congress'' means 
the following:
            (1) The Committee on Armed Services and the Select 
        Committee on Intelligence of the Senate.
            (2) The Committee on Armed Services and the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives.

                 TITLE VI--COUNTERINTELLIGENCE MATTERS

SEC. 601. SHORT TITLE.

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

SEC. 602. ORDERS FOR ELECTRONIC SURVEILLANCE UNDER THE FOREIGN 
                    INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Requirements Regarding Certain Applications.--Section 
104 of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1804) is amended by adding at the end the following new 
subsection:
    ``(e)(1)(A) Upon written request of the Director of the 
Federal Bureau of Investigation, the Secretary of Defense, the 
Secretary of State, or the Director of Central Intelligence, 
the Attorney General shall personally review under subsection 
(a) an application under that subsection for a target described 
in section 101(b)(2).
    ``(B) Except when disabled or otherwise unavailable to make 
a request referred to in subparagraph (A), an official referred 
to in that subparagraph may not delegate the authority to make 
a request referred to in that subparagraph.
    ``(C) Each official referred to in subparagraph (A) with 
authority to make a request under that subparagraph shall take 
appropriate actions in advance to ensure that delegation of 
such authority is clearly established in the event such 
official is disabled or otherwise unavailable to make such 
request.
    ``(2)(A) If as a result of a request under paragraph (1) 
the Attorney General determines not to approve an application 
under the second sentence of subsection (a) for purposes of 
making the application under this section, the Attorney General 
shall provide written notice of the determination to the 
official making the request for the review of the application 
under that paragraph. Except when disabled or otherwise 
unavailable to make a determination under the preceding 
sentence, the Attorney General may not delegate the 
responsibility to make a determination under that sentence. The 
Attorney General shall take appropriate actions in advance to 
ensure that delegation of such responsibility is clearly 
established in the event the Attorney General is disabled or 
otherwise unavailable to make such determination.
    ``(B) Notice with respect to an application under 
subparagraph (A) shall set forth the modifications, if any, of 
the application that are necessary in order for the Attorney 
General to approve the application under the second sentence of 
subsection (a) for purposes of making the application under 
this section.
    ``(C) Upon review of any modifications of an application 
set forth under subparagraph (B), the official notified of the 
modifications under this paragraph shall modify the application 
if such official determines that such modification is 
warranted. Such official shall supervise the making of any 
modification under this subparagraph. Except when disabled or 
otherwise unavailable to supervise the making of any 
modification under the preceding sentence, such official may 
not delegate the responsibility to supervise the making of any 
modification under that preceding sentence. Each such official 
shall take appropriate actions in advance to ensure that 
delegation of such responsibility is clearly established in the 
event such official is disabled or otherwise unavailable to 
supervise the making of such modification.''.
    (b) Probable Cause.--Section 105 of that Act (50 U.S.C. 
1805) is amended--
            (1) by redesignating subsections (b), (c), (d), 
        (e), (f), and (g) as subsections (c), (d), (e), (f), 
        (g), and (h), respectively;
            (2) by inserting after subsection (a) the following 
        new subsection (b):
    ``(b) In determining whether or not probable cause exists 
for purposes of an order under subsection (a)(3), a judge may 
consider past activities of the target, as well as facts and 
circumstances relating to current or future activities of the 
target.''; and
            (3) in subsection (d), as redesignated by paragraph 
        (1), by striking ``subsection (b)(1)'' and inserting 
        ``subsection (c)(1)''.

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

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

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

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

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

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

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

    (a) Authorization for Increased Resources To Fulfill 
National Security Mission of the Department of Justice.--There 
are authorized to be appropriated to the Department of Justice 
for the activities of the Office of Intelligence Policy and 
Review to help meet the increased personnel demands to combat 
terrorism, process applications to the Foreign Intelligence 
Surveillance Court, participate effectively in counter-
espionage investigations, provide policy analysis on national 
security issues, and enhance secure computer and 
telecommunications facilities--
            (1) $7,000,000 for fiscal year 2001;
            (2) $7,500,000 for fiscal year 2002; and
            (3) $8,000,000 for fiscal year 2003.
    (b) Availability of Funds.--(1) No funds authorized to be 
appropriated by subsection (a) for the Office of Intelligence 
Policy and Review for fiscal years 2002 and 2003 may be 
obligated or expended until the date on which the Attorney 
General submits the report required by paragraph (2) for the 
year involved.
    (2)(A) The Attorney General shall submit to the committees 
of Congress specified in subparagraph (B) an annual report on 
the manner in which the funds authorized to be appropriated by 
subsection (a) for the Office of Intelligence Policy and Review 
will be used by that Office--
            (i) to improve and strengthen its oversight of 
        Federal Bureau of Investigation field offices in the 
        implementation of orders under the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801 et seq.); and
            (ii) to streamline and increase the efficiency of 
        the application process under that Act.
    (B) The committees of Congress referred to in this 
subparagraph are the following:
            (i) The Select Committee on Intelligence and the 
        Committee on the Judiciary of the Senate.
            (ii) The Permanent Select Committee on Intelligence 
        and the Committee on the Judiciary of the House of 
        Representatives.
    (3) In addition to the report required by paragraph (2), 
the Attorney General shall also submit to the Select Committee 
on Intelligence of the Senate and the Permanent Select 
Committee on Intelligence of the House of Representatives a 
report that addresses the issues identified in the semiannual 
report of the Attorney General to such committees under section 
108(a) of the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1808(a)) that was submitted in April 2000, including any 
corrective actions with regard to such issues. The report under 
this paragraph shall be submitted in classified form.
    (4) Funds made available pursuant to subsection (a), in any 
fiscal year, shall remain available until expended.
    (c) Report on Coordinating National Security and 
Intelligence Functions Within the Department of Justice.--The 
Attorney General shall report to the committees of Congress 
specified in subsection (b)(2)(B) within 120 days on actions 
that have been or will be taken by the Department to--
            (1) promote quick and efficient responses to 
        national security issues;
            (2) centralize a point-of-contact within the 
        Department on national security matters for external 
        entities and agencies; and
            (3) coordinate the dissemination of intelligence 
        information within the appropriate components of the 
        Department and the formulation of policy on national 
        security issues.

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

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


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


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

SEC. 608. SEVERABILITY.

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

               TITLE VII--DECLASSIFICATION OF INFORMATION

SEC. 701. SHORT TITLE.

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

SEC. 702. FINDINGS.

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

SEC. 703. PUBLIC INTEREST DECLASSIFICATION BOARD.

    (a) Establishment.--There is established within the 
executive branch of the United States a board to be known as 
the ``Public Interest Declassification Board'' (in this title 
referred to as the ``Board'').
    (b) Purposes.--The purposes of the Board are as follows:
            (1) To advise the President, the Assistant to the 
        President for National Security Affairs, the Director 
        of the Office of Management and Budget, and such other 
        executive branch officials as the Board considers 
        appropriate on the systematic, thorough, coordinated, 
        and comprehensive identification, collection, review 
        for declassification, and release to Congress, 
        interested agencies, and the public of declassified 
        records and materials (including donated historical 
        materials) that are of archival value, including 
        records and materials of extraordinary public interest.
            (2) To promote the fullest possible public access 
        to a thorough, accurate, and reliable documentary 
        record of significant United States national security 
        decisions and significant United States national 
        security activities in order to--
                    (A) support the oversight and legislative 
                functions of Congress;
                    (B) support the policymaking role of the 
                executive branch;
                    (C) respond to the interest of the public 
                in national security matters; and
                    (D) promote reliable historical analysis 
                and new avenues of historical study in national 
                security matters.
            (3) To provide recommendations to the President for 
        the identification, collection, and review for 
        declassification of information of extraordinary public 
        interest that does not undermine the national security 
        of the United States, to be undertaken in accordance 
        with a declassification program that has been 
        established or may be established by the President by 
        Executive order.
            (4) To advise the President, the Assistant to the 
        President for National Security Affairs, the Director 
        of the Office of Management and Budget, and such other 
        executive branch officials as the Board considers 
        appropriate on policies deriving from the issuance by 
        the President of Executive orders regarding the 
        classification and declassification of national 
        security information.
    (c) Membership.--(1) The Board shall be composed of nine 
individuals appointed from among citizens of the United States 
who are preeminent in the fields of history, national security, 
foreign policy, intelligence policy, social science, law, or 
archives, including individuals who have served in Congress or 
otherwise in the Federal Government or have otherwise engaged 
in research, scholarship, or publication in such fields on 
matters relating to the national security of the United States, 
of whom--
            (A) five shall be appointed by the President;
            (B) one shall be appointed by the Speaker of the 
        House of Representatives;
            (C) one shall be appointed by the majority leader 
        of the Senate;
            (D) one shall be appointed by the minority leader 
        of the Senate; and
            (E) one shall be appointed by the minority leader 
        of the House of Representatives.
    (2)(A) Of the members initially appointed to the Board by 
the President--
            (i) three shall be appointed for a term of four 
        years;
            (ii) one shall be appointed for a term of three 
        years; and
            (iii) one shall be appointed for a term of two 
        years.
    (B) The members initially appointed to the Board by the 
Speaker of the House of Representatives or by the majority 
leader of the Senate shall be appointed for a term of three 
years.
    (C) The members initially appointed to the Board by the 
minority leader of the House of Representatives or the Senate 
shall be appointed for a term of two years.
    (D) Any subsequent appointment to the Board shall be for a 
term of three years.
    (3) A vacancy in the Board shall be filled in the same 
manner as the original appointment. A member of the Board 
appointed to fill a vacancy before the expiration of a term 
shall serve for the remainder of the term.
    (4) A member of the Board may be appointed to a new term on 
the Board upon the expiration of the member's term on the 
Board, except that no member may serve more than three full 
terms on the Board.
    (d) Chairperson; Executive Secretary.--(1)(A) The President 
shall designate one of the members of the Board as the 
Chairperson of the Board.
    (B) The term of service as Chairperson of the Board shall 
be two years.
    (C) A member serving as Chairperson of the Board may be 
redesignated as Chairperson of the Board upon the expiration of 
the member's term as Chairperson of the Board, except that no 
member shall serve as Chairperson of the Board for more than 
six years.
    (2) The Director of the Information Security Oversight 
Office shall serve as the Executive Secretary of the Board.
    (e) Meetings.--The Board shall meet as needed to accomplish 
its mission, consistent with the availability of funds. A 
majority of the members of the Board shall constitute a quorum.
    (f) Staff.--Any employee of the Federal Government may be 
detailed to the Board, with the agreement of and without 
reimbursement to the detailing agency, and such detail shall be 
without interruption or loss of civil, military, or foreign 
service status or privilege.
    (g) Security.--(1) The members and staff of the Board 
shall, as a condition of appointment to or employment with the 
Board, hold appropriate security clearances for access to the 
classified records and materials to be reviewed by the Board or 
its staff, and shall follow the guidance and practices on 
security under applicable Executive orders and Presidential or 
agency directives.
    (2) The head of an agency shall, as a condition of granting 
access to a member of the Board, the Executive Secretary of the 
Board, or a member of the staff of the Board to classified 
records or materials of the agency under this title, require 
the member, the Executive Secretary, or the member of the 
staff, as the case may be, to--
            (A) execute an agreement regarding the security of 
        such records or materials that is approved by the head 
        of the agency; and
            (B) hold an appropriate security clearance granted 
        or recognized under the standard procedures and 
        eligibility criteria of the agency, including any 
        special access approval required for access to such 
        records or materials.
    (3) The members of the Board, the Executive Secretary of 
the Board, and the members of the staff of the Board may not 
use any information acquired in the course of their official 
activities on the Board for nonofficial purposes.
    (4) For purposes of any law or regulation governing access 
to classified information that pertains to the national 
security of the United States, and subject to any limitations 
on access arising under section 706(b), and to facilitate the 
advisory functions of the Board under this title, a member of 
the Board seeking access to a record or material under this 
title shall be deemed for purposes of this subsection to have a 
need to know the contents of the record or material.
    (h) Compensation.--(1) Each member of the Board shall 
receive compensation at a rate not to exceed the daily 
equivalent of the annual rate of basic pay payable for 
positions at ES-1 of the Senior Executive Service under section 
5382 of title 5, United States Code, for each day such member 
is engaged in the actual performance of duties of the Board.
    (2) Members of the Board shall be allowed travel expenses, 
including per diem in lieu of subsistence at rates authorized 
for employees of agencies under subchapter I of chapter 57 of 
title 5, United States Code, while away from their homes or 
regular places of business in the performance of the duties of 
the Board.
    (i) Guidance; Annual Budget.--(1) On behalf of the 
President, the Assistant to the President for National Security 
Affairs shall provide guidance on policy to the Board.
    (2) The Executive Secretary of the Board, under the 
direction of the Chairperson of the Board and the Board, and 
acting in consultation with the Archivist of the United States, 
the Assistant to the President for National Security Affairs, 
and the Director of the Office of Management and Budget, shall 
prepare the annual budget of the Board.
    (j) Support.--The Information Security Oversight Office may 
support the activities of the Board under this title. Such 
support shall be provided on a reimbursable basis.
    (k) Public Availability of Records and Reports.--(1) The 
Board shall make available for public inspection records of its 
proceedings and reports prepared in the course of its 
activities under this title to the extent such records and 
reports are not classified and would not be exempt from release 
under the provisions of section 552 of title 5, United States 
Code.
    (2) In making records and reports available under paragraph 
(1), the Board shall coordinate the release of such records and 
reports with appropriate officials from agencies with expertise 
in classified information in order to ensure that such records 
and reports do not inadvertently contain classified 
information.
    (l) Applicability of Certain Administrative Laws.--The 
provisions of the Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the activities of the Board under this 
title. However, the records of the Board shall be governed by 
the provisions of the Federal Records Act of 1950.

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

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

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

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

SEC. 706. STANDARDS AND PROCEDURES.

    (a) Liaison.--(1) The head of each agency with the 
authority under an Executive order to classify information and 
the head of each Federal Presidential library shall designate 
an employee of such agency or library to act as liaison to the 
Board for purposes of this title.
    (2) The Board may establish liaison and otherwise consult 
with such other historical and advisory committees as the Board 
considers appropriate for purposes of this title.
    (b) Limitations on Access.--(1)(A) Except as provided in 
paragraph (2), if the head of an agency or the head of a 
Federal Presidential library determines it necessary to deny or 
restrict access of the Board, or of the agency or library 
liaison to the Board, to information contained in a record or 
material, in whole or in part, the head of the agency or the 
head of the library shall promptly notify the Board in writing 
of such determination.
    (B) Each notice to the Board under subparagraph (A) shall 
include a description of the nature of the records or 
materials, and a justification for the determination, covered 
by such notice.
    (2) In the case of a determination referred to in paragraph 
(1) with respect to a special access program created by the 
Secretary of Defense, the Director of Central Intelligence, or 
the head of any other agency, the notification of denial of 
access under paragraph (1), including a description of the 
nature of the Board's request for access, shall be submitted to 
the Assistant to the President for National Security Affairs 
rather than to the Board.
    (c) Discretion To Disclose.--At the conclusion of a 
declassification review, the head of an agency may, in the 
discretion of the head of the agency, determine that the 
public's interest in the disclosure of records or materials of 
the agency covered by such review, and still properly 
classified, outweighs the Government's need to protect such 
records or materials, and may release such records or materials 
in accordance with the provisions of Executive Order 12958 or 
any successor order to such Executive Order.
    (d) Discretion To Protect.--At the conclusion of a 
declassification review, the head of an agency may, in the 
discretion of the head of the agency, determine that the 
interest of the agency in the protection of records or 
materials of the agency covered by such review, and still 
properly classified, outweighs the public's need for access to 
such records or materials, and may deny release of such records 
or materials in accordance with the provisions of Executive 
Order 12958 or any successor order to such Executive Order.
    (e) Reports.--(1)(A) Except as provided in paragraph (2), 
the Board shall annually submit to the appropriate 
congressional committees a report on the activities of the 
Board under this title, including summary information regarding 
any denials to the Board by the head of an agency or the head 
of a Federal Presidential library of access to records or 
materials under this title.
    (B) In this paragraph, the term ``appropriate congressional 
committees'' means the Select Committee on Intelligence and the 
Committee on Governmental Affairs of the Senate and the 
Permanent Select Committee on Intelligence and the Committee on 
Government Reform of the House of Representatives.
    (2) Notwithstanding paragraph (1), notice that the Board 
has been denied access to records and materials, and a 
justification for the determination in support of the denial, 
shall be submitted by the agency denying the access as follows:
            (A) In the case of the denial of access to a 
        special access program created by the Secretary of 
        Defense, to the Committees on Armed Services and 
        Appropriations of the Senate and to the Committees on 
        Armed Services and Appropriations of the House of 
        Representatives.
            (B) In the case of the denial of access to a 
        special access program created by the Director of 
        Central Intelligence, or by the head of any other 
        agency (including the Department of Defense) if the 
        special access program pertains to intelligence 
        activities, or of access to any information and 
        materials relating to intelligence sources and methods, 
        to the Select Committee on Intelligence of the Senate 
        and the Permanent Select Committee on Intelligence of 
        the House of Representatives.
            (C) In the case of the denial of access to a 
        special access program created by the Secretary of 
        Energy or the Administrator for Nuclear Security, to 
        the Committees on Armed Services and Appropriations and 
        the Select Committee on Intelligence of the Senate and 
        to the Committees on Armed Services and Appropriations 
        and the Permanent Select Committee on Intelligence of 
        the House of Representatives.

SEC. 707. JUDICIAL REVIEW.

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

SEC. 708. FUNDING.

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

SEC. 709. DEFINITIONS.

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

SEC. 710. EFFECTIVE DATE; SUNSET.

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

 TITLE VIII--DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT

SEC. 801. SHORT TITLE.

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

SEC. 802. DESIGNATION.

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

SEC. 803. REQUIREMENT OF DISCLOSURE OF RECORDS.

    (a) Release of Records.--Subject to subsections (b), (c), 
and (d), the Japanese Imperial Government Records Interagency 
Working Group shall release in their entirety Japanese Imperial 
Government records.
    (b) Exemptions.--An agency head may exempt from release 
under subsection (a) specific information, that would--
            (1) constitute an unwarranted invasion of personal 
        privacy;
            (2) reveal the identity of a confidential human 
        source, or reveal information about an intelligence 
        source or method when the unauthorized disclosure of 
        that source or method would damage the national 
        security interests of the United States;
            (3) reveal information that would assist in the 
        development or use of weapons of mass destruction;
            (4) reveal information that would impair United 
        States cryptologic systems or activities;
            (5) reveal information that would impair the 
        application of state-of-the-art technology within a 
        United States weapon system;
            (6) reveal United States military war plans that 
        remain in effect;
            (7) reveal information that would impair relations 
        between the United States and a foreign government, or 
        undermine ongoing diplomatic activities of the United 
        States;
            (8) reveal information that would impair the 
        current ability of United States Government officials 
        to protect the President, Vice President, and other 
        officials for whom protection services are authorized 
        in the interest of national security;
            (9) reveal information that would impair current 
        national security emergency preparedness plans; or
            (10) violate a treaty or other international 
        agreement.
    (c) Applications of Exemptions.--
            (1) In general.--In applying the exemptions 
        provided in paragraphs (2) through (10) of subsection 
        (b), there shall be a presumption that the public 
        interest will be served by disclosure and release of 
        the records of the Japanese Imperial Government. The 
        exemption may be asserted only when the head of the 
        agency that maintains the records determines that 
        disclosure and release would be harmful to a specific 
        interest identified in the exemption. An agency head 
        who makes such a determination shall promptly report it 
        to the committees of Congress with appropriate 
        jurisdiction, including the Committee on the Judiciary 
        and the Select Committee on Intelligence of the Senate 
        and the Committee on Government Reform and the 
        Permanent Select Committee on Intelligence of the House 
        of Representatives.
            (2) Application of title 5.--A determination by an 
        agency head to apply an exemption provided in 
        paragraphs (2) through (9) of subsection (b) shall be 
        subject to the same standard of review that applies in 
        the case of records withheld under section 552(b)(1) of 
        title 5, United States Code.
    (d) Records Related to Investigations or Prosecutions.--
This section shall not apply to records--
            (1) related to or supporting any active or inactive 
        investigation, inquiry, or prosecution by the Office of 
        Special Investigations of the Department of Justice; or
            (2) solely in the possession, custody, or control 
        of the Office of Special Investigations.

SEC. 804. EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL 
                    GOVERNMENT RECORDS.

    For purposes of expedited processing under section 
552(a)(6)(E) of title 5, United States Code, any person who was 
persecuted in the manner described in section 802(a)(3) and who 
requests a Japanese Imperial Government record shall be deemed 
to have a compelling need for such record.

SEC. 805. EFFECTIVE DATE.

    The provisions of this title shall take effect on the date 
that is 90 days after the date of the enactment of this Act.
    And the Senate agree to the same.
                From the Permanent Select Committee on 
                Intelligence, for consideration of the House 
                bill and the Senate amendment, and 
                modifications committed to conference:
                                   Porter J. Goss,
                                   Jerry Lewis,
                                   Bill McCollum,
                                   Michael N. Castle,
                                   Sherwood L. Boehlert,
                                   C.F. Bass,
                                   Jim Gibbons,
                                   Ray LaHood,
                                   Heather Wilson,
                                   Julian C. Dixon,
                                   Sanford D. Bishop, Jr.,
                                   Norman Sisisky,
                                   Gary A. Condit,
                                   Tim Roemer,
                                   Alcee L. Hastings,
                From the Committee on Armed Services, for 
                consideration of defense tactical intelligence 
                and related activities:
                                   Floyd Spence,
                                   Bob Stump,
                                   Ike Skelton,
                                 Managers on the Part of the House.

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

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the House and the Senate at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the Senate to the bill (H.R. 4392) to 
authorize appropriations for fiscal year 2001 for intelligence 
and the intelligence-related activities of the United States 
government, the Community Management Account, and the Central 
Intelligence Agency Retirement and Disability System, and for 
other purposes, submit the following joint statement to the 
House and the Senate in explanation of the effect of the action 
agreed upon by the managers and recommended in the accompanying 
conference report:
      The managers agree that the congressionally directed 
actions described in the House bill, the Senate amendment, the 
respective committee reports, and classified annexes 
accompanying H.R. 4392 and S. 2507, should be undertaken to the 
extent that such congressionally directed actions are not 
amended, altered, or otherwise specifically addressed in either 
this Joint Explanatory Statement or in the classified annex to 
the conference report on the bill H.R. 4392.

             Report of the National Commission on Terrorism

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

                    Title I--Intelligence Activities

               sec. 101. authorization for appropriations

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

            sec. 102. classified schedule of authorizations

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

                sec. 103. personnel ceiling adjustments

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

                 sec. 104. community management account

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

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

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

 Title II--Central Intelligence Agency Retirement and Disability System

               SEC. 201. AUTHORIZATION OF APPROPRIATIONS

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

                     Title III--General Provisions

                   Subtitle A--Intelligence Community

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

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

      SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES

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

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

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

    SEC. 304. PROHIBITION ON UNAUTHORIZED DISCLOSURE OF CLASSIFIED 
                              INFORMATION

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

        SEC. 305. AUTHORIZATION FOR TRAVEL ON ANY COMMON CARRIER

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

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

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

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

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

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

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

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

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

         SEC. 310. DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE

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

    SEC. 311. NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION PAY ACT

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

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

   SEC. 321. REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS SERVICE 
                             PROGRAM OFFICE

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

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

      Section 322 establishes the position of Chief Executive 
Officer (CEO) and a DTS board of directors. The CEO is to be 
ultimately responsible for the management of the DTS-PO and 
operation of the DTS. The managers direct the OMB to recruit 
and hire a communications professional from outside the DTS-PO 
and the U.S. government for appointment as the CEO. This 
appointment is to be made no later than May 1, 2001. The CEO is 
granted the authorities necessary for managing, ensuring 
funding for, and operating the DTS, the DTS-PO, and their 
personnel. It is the managers' intent that the CEO will be the 
final decision authority for implementing necessary changes to 
the DTS, and for managing all communications, technology, and 
security upgrades to satisfy DTS United States user 
requirements. The managers further direct the CEO to certify 
that the operational and security requirements and practices of 
DTS conform to the highest security requirements and practices 
required by any U.S. government agency utilizing the DTS.
      Consistent with Section 305 of the ``Admiral James W. 
Nance and Meg Donovan Foreign Relations Authorization Act, 
Fiscal Years 2000 and 2001'' (section 305 of appendix G of 
Public Law 106-113), the CEO shall: (1) ensure that those 
enhancements of, and the provision of service for, 
telecommunications capabilities that involve the national 
security interests of the United States receive the highest 
prioritization; (2) confirm the termination of all leases for 
satellite systems located at posts in criteria countries, 
unless all maintenance and servicing of the satellite system is 
undertaken by United States citizens who have received 
appropriate security clearances; and (3) implement a system of 
charges for utilization of bandwidth by all participating 
agencies, and institute a comprehensive charge-back system to 
recover all, or substantially all, of the other costs of 
telecommunications services provided through the DTS to each 
agency.
      Beginning August 1, 2001, and every six months 
thereafter, the CEO shall submit a report to the oversight 
committees regarding the activities of DTS-PO during the 
preceding six months, the current capabilities of DTS-PO, and 
the priorities of DTS-PO for the subsequent six month period. 
The semi-annual report shall include a discussion of any 
administrative, budgetary, legislative, or management issues 
that hinder the ability of DTS-PO to fulfill its mandate.
      Upon the appointment of a CEO on May 1, 2001, the current 
positions of Director and Deputy Director of DTS-PO shall be 
eliminated. To assist the CEO, and to perform such duties as 
the CEO may require, there shall be two Deputy Executive 
Officers. The DTS-PO management staff will consist of not more 
than four other employees. The Director of the Office of 
Management and Budget (OMB) shall prescribe the rates of basic 
pay for the CEO, the two Deputy Executive Officers, and any 
other DTS-PO employees.

    SEC. 323. DIPLOMATIC TELECOMMUNICATIONS SERVICE OVERSIGHT BOARD

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

        SEC. 324. REPORTING REQUIREMENTS AND GENERAL PROVISIONS

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

                 Title IV--Central Intelligence Agency

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

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

                    SEC. 402. TECHNICAL CORRECTIONS

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

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

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

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

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

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

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

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

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

         Title V--Department of Defense Intelligence Activities

 SEC. 501. CONTRACTING AUTHORITY FOR THE NATIONAL RECONNAISSANCE OFFICE

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

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

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

            SEC. 503. MEASUREMENT AND SIGNATURE INTELLIGENCE

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

                 Title VI--Counterintelligence Matters

             The ``Counterintelligence Reform Act of 2000''

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

               Title VII--Declassification of Information

              ``The Public Interest Declassification Act''

      Title VII includes Title VIII of the Senate amendment. 
This title was based on the bills H.R. 3152 and S. 1801, 
introduced in the House and Senate in the 106th Congress, 
respectively. The House had no similar provision. The House 
recedes, with technical amendments.
      Section 701 states that the title may be cited as the 
``Public Interest Declassification Act of 2000.'' Section 702 
makes findings concerning the importance of public access to 
information that does not require continued protection to 
maintain the national security interests of the United States. 
Section 703 establishes a nine-person board to advise the 
President and other senior executive branch officials on 
classification and declassification policies, particularly on 
policies concerning the systematic, thorough, coordinated, and 
comprehensive review for declassification of records and 
materials that are of archival value, including records and 
materials of extraordinary public interest. The Board is also 
charged with promoting the fullest possible public access to a 
thorough, accurate, and reliable documentary record of 
significant US national security decisions and significant US 
national security activities.
      Section 704 sets forth the requirement that heads of 
agencies with the authority to classify information must brief 
the Board on an annual basis, at the request of the Board or 
the intelligence oversight committees, on such agency's 
declassification policies and practices. The Board is to 
provide the agency with its recommendations on how the agency's 
declassification program could be improved. The Board is also 
responsible for making recommendations to the President on 
initiatives to identify, collect, and review for 
declassification classified records and materials of 
extraordinary public interest. The section also requires the 
Director of the Office of Management and Budget to publish a 
description of the President's declassification program and 
priorities, together with a listing of funds requested to 
implement that program, concurrent with the submission to 
Congress of the President's budget each fiscal year.
      Sections 705, 706, and 707 set forth the standards 
governing access to and protection of national security 
information and other information covered under this title. 
Section 708 provides an authorization of appropriations for the 
Board. Section 709 sets forth definitions of the terms used in 
Title VII. The effective date of Title VII is 120 days after 
the date of enactment of the Act. The provisions of the title 
expire four years after the date of enactment of the Act.

 Title VIII--Disclosure of Information on Japanese Imperial Government

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

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

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

                                  
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