I

106TH CONGRESS

2D SESSION H. R. 5630

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.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 13, 2000

Mr. GOSS (for himself, Mr. DIXON, and Mr. LEWIS of California) introduced

the following bill; which was referred to the Permanent Select Committee

on Intelligence

NOVEMBER 13, 2000

The Permanent Select Committee on Intelligence discharged; considered and

passed

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Intelligence Authorization Act for Fiscal Year 2001’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.

Sec. 102. Classified schedule of authorizations.

Sec. 103. Personnel ceiling adjustments.

Sec. 104. Community management account.

Sec. 105. Transfer authority of the Director of Central Intelligence.

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

TITLE III—GENERAL PROVISIONS

Subtitle A—Intelligence Community

Sec. 301. Increase in employee compensation and benefits authorized by law.

Sec. 302. Restriction on conduct of intelligence activities.

Sec. 303. Sense of the Congress on intelligence community contracting.

Sec. 304. National Security Agency voluntary separation.

Sec. 305. Authorization for travel on any common carrier for certain intelligence collection personnel.

Sec. 306. Update of report on effects of foreign espionage on United States

trade secrets.

Sec. 307. POW/MIA analytic capability within the intelligence community.

Sec. 308. Applicability to lawful United States intelligence activities of Federal

laws implementing international treaties and agreements.

Sec. 309. Limitation on handling, retention, and storage of certain classified

materials by the Department of State.

Sec. 310. Designation of Daniel Patrick Moynihan Place.

Subtitle B—Diplomatic Telecommunications Service Program Office (DTSPO)

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.
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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.
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1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 2001 for the conduct of the intelligence and

6 intelligence-related activities of the following elements of

7 the United States Government:

8 (1) The Central Intelligence Agency.

9 (2) The Department of Defense.

10 (3) The Defense Intelligence Agency.

11 (4) The National Security Agency.

12 (5) The Department of the Army, the Depart13 ment of the Navy, and the Department of the Air

14 Force.

15 (6) The Department of State.

16 (7) The Department of the Treasury.

17 (8) The Department of Energy.

18 (9) The Federal Bureau of Investigation.

19 (10) The National Reconnaissance Office.

20 (11) The National Imagery and Mapping Agen21 cy.

22 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

23 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

24 CEILINGS.—The amounts authorized to be appropriated

25 under section 101, and the authorized personnel ceilings
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1 as of September 30, 2001, for the conduct of the intel2 ligence and intelligence-related activities of the elements

3 listed in such section, are those specified in the classified

4 Schedule of Authorizations prepared to accompany the

5 conference report on the bill H.R. 4392 of the One Hun6 dred Sixth Congress (House Report 106–969).

7 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU8 THORIZATIONS.—The Schedule of Authorizations shall be

9 made available to the Committees on Appropriations of

10 the Senate and House of Representatives and to the Presi11 dent. The President shall provide for suitable distribution

12 of the Schedule, or of appropriate portions of the Sched13 ule, within the executive branch.

14 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

15 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap16 proval of the Director of the Office of Management and

17 Budget, the Director of Central Intelligence may authorize

18 employment of civilian personnel in excess of the number

19 authorized for fiscal year 2001 under section 102 when

20 the Director of Central Intelligence determines that such

21 action is necessary to the performance of important intel22 ligence functions, except that the number of personnel em23 ployed in excess of the number authorized under such sec24 tion may not, for any element of the intelligence commu-
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1 nity, exceed 2 percent of the number of civilian personnel

2 authorized under such section for such element.

3 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The

4 Director of Central Intelligence shall promptly notify the

5 Permanent Select Committee on Intelligence of the House

6 of Representatives and the Select Committee on Intel7 ligence of the Senate whenever the Director exercises the

8 authority granted by this section.

9 SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

10 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated for the Community Manage12 ment Account of the Director of Central Intelligence for

13 fiscal year 2001 the sum of $163,231,000. Within such

14 amount, funds identified in the classified Schedule of Au15 thorizations referred to in section 102(a) for the Advanced

16 Research and Development Committee shall remain avail17 able until September 30, 2002.

18 (b) AUTHORIZED PERSONNEL LEVELS.—The ele19 ments within the Community Management Account of the

20 Director of Central Intelligence are authorized 313 full21 time personnel as of September 30, 2001. Personnel serv22 ing in such elements may be permanent employees of the

23 Community Management Account or personnel detailed

24 from other elements of the United States Government.

25 (c) CLASSIFIED AUTHORIZATIONS.—
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1 (1) AUTHORIZATION OF APPROPRIATIONS.—In

2 addition to amounts authorized to be appropriated

3 for the Community Management Account by sub4 section (a), there are also authorized to be appro5 priated for the Community Management Account for

6 fiscal year 2001 such additional amounts as are

7 specified in the classified Schedule of Authorizations

8 referred to in section 102(a). Such additional

9 amounts shall remain available until September 30,

10 2002.

11 (2) AUTHORIZATION OF PERSONNEL.—In addi12 tion to the personnel authorized by subsection (b)

13 for elements of the Community Management Ac14 count as of September 30, 2001, there are hereby

15 authorized such additional personnel for such ele16 ments as of that date as are specified in the classi17 fied Schedule of Authorizations.

18 (d) REIMBURSEMENT.—Except as provided in section

19 113 of the National Security Act of 1947 (50 U.S.C.

20 404h), during fiscal year 2001, any officer or employee

21 of the United States or a member of the Armed Forces

22 who is detailed to the staff of the Community Management

23 Account from another element of the United States Gov24 ernment shall be detailed on a reimbursable basis, except

25 that any such officer, employee, or member may be de-
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1 tailed on a nonreimbursable basis for a period of less than

2 1 year for the performance of temporary functions as re3 quired by the Director of Central Intelligence.

4 (e) NATIONAL DRUG INTELLIGENCE CENTER.—

5 (1) IN GENERAL.—Of the amount authorized to

6 be appropriated in subsection (a), $34,100,000 shall

7 be available for the National Drug Intelligence Cen8 ter. Within such amount, funds provided for re9 search, development, test, and evaluation purposes

10 shall remain available until September 30, 2002, and

11 funds provided for procurement purposes shall re12 main available until September 30, 2003.

13 (2) TRANSFER OF FUNDS.—The Director of

14 Central Intelligence shall transfer to the Attorney

15 General funds available for the National Drug Intel16 ligence Center under paragraph (1). The Attorney

17 General shall utilize funds so transferred for the ac18 tivities of the National Drug Intelligence Center.

19 (3) LIMITATION.—Amounts available for the

20 National Drug Intelligence Center may not be used

21 in contravention of the provisions of section

22 103(d)(1) of the National Security Act of 1947 (50

23 U.S.C. 403–3(d)(1)).

24 (4) AUTHORITY.—Notwithstanding any other

25 provision of law, the Attorney General shall retain
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1 full authority over the operations of the National

2 Drug Intelligence Center.

3 SEC. 105. TRANSFER AUTHORITY OF THE DIRECTOR OF

4 CENTRAL INTELLIGENCE.

5 (a) LIMITATION ON DELEGATION OF AUTHORITY OF

6 DEPARTMENTS TO OBJECT TO TRANSFERS.—Section

7 104(d)(2) of the National Security Act of 1947 (50 U.S.C.

8 403–4(d)(2)) is amended—

9 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’;

10 (2) by redesignating subparagraphs (A), (B),

11 (C), (D), and (E) as clauses (i), (ii), (iii), (iv), and

12 (v), respectively;

13 (3) in clause (v), as so redesignated, by striking

14 ‘‘the Secretary or head’’ and inserting ‘‘subject to

15 subparagraph (B), the Secretary or head’’; and

16 (4) by adding at the end the following new sub17 paragraph:

18 ‘‘(B)(i) Except as provided in clause (ii), the author19 ity to object to a transfer under subparagraph (A)(v) may

20 not be delegated by the Secretary or head of the depart21 ment involved.

22 ‘‘(ii) With respect to the Department of Defense, the

23 authority to object to such a transfer may be delegated

24 by the Secretary of Defense, but only to the Deputy Sec25 retary of Defense.
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1 ‘‘(iii) An objection to a transfer under subparagraph

2 (A)(v) shall have no effect unless submitted to the Direc3 tor of Central Intelligence in writing.’’.

4 (b) LIMITATION ON DELEGATION OF DUTIES OF DI5 RECTOR OF CENTRAL INTELLIGENCE.—Section 104(d)(1)

6 of such Act (50 U.S.C. 403–4(d)(1)) is amended—

7 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and

8 (2) by adding at the end the following new sub9 paragraph:

10 ‘‘(B) The Director may only delegate any duty or au11 thority given the Director under this subsection to the

12 Deputy Director of Central Intelligence for Community

13 Management.’’.

14 TITLE II—CENTRAL INTEL15 LIGENCE AGENCY RETIRE16 MENT AND DISABILITY SYS17 TEM

18 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

19 There is authorized to be appropriated for the Cen20 tral Intelligence Agency Retirement and Disability Fund

21 for fiscal year 2001 the sum of $216,000,000.
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1 TITLE III—GENERAL

2 PROVISIONS

3 Subtitle A—Intelligence

4 Community

5 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

6 BENEFITS AUTHORIZED BY LAW.

7 Appropriations authorized by this Act for salary, pay,

8 retirement, and other benefits for Federal employees may

9 be increased by such additional or supplemental amounts

10 as may be necessary for increases in such compensation

11 or benefits authorized by law.

12 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

13 ACTIVITIES.

14 The authorization of appropriations by this Act shall

15 not be deemed to constitute authority for the conduct of

16 any intelligence activity which is not otherwise authorized

17 by the Constitution or the laws of the United States.

18 SEC. 303. SENSE OF THE CONGRESS ON INTELLIGENCE

19 COMMUNITY CONTRACTING.

20 It is the sense of the Congress that the Director of

21 Central Intelligence should continue to direct that ele22 ments of the intelligence community, whenever compatible

23 with the national security interests of the United States

24 and consistent with operational and security concerns re25 lated to the conduct of intelligence activities, and where
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1 fiscally sound, should competitively award contracts in a

2 manner that maximizes the procurement of products prop3 erly designated as having been made in the United States.

4 SEC. 304. NATIONAL SECURITY AGENCY VOLUNTARY SEPA5 RATION ACT.

6 (a) IN GENERAL.—Title III of the National Security

7 Act of 1947 (50 U.S.C. 405 et seq.) is amended by insert8 ing at the beginning the following new section 301:

9 ‘‘NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION

10 ‘‘SEC. 301. (a) SHORT TITLE.—This section may be

11 cited as the ‘National Security Agency Voluntary Separa12 tion Act’.

13 ‘‘(b) DEFINITIONS.—For purposes of this section—

14 ‘‘(1) the term ‘Director’ means the Director of

15 the National Security Agency; and

16 ‘‘(2) the term ‘employee’ means an employee of

17 the National Security Agency, serving under an ap18 pointment without time limitation, who has been

19 currently employed by the National Security Agency

20 for a continuous period of at least 12 months prior

21 to the effective date of the program established

22 under subsection (c), except that such term does not

23 include—

24 ‘‘(A) a reemployed annuitant under sub25 chapter III of chapter 83 or chapter 84 of title
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1 5, United States Code, or another retirement

2 system for employees of the Government; or

3 ‘‘(B) an employee having a disability on

4 the basis of which such employee is or would be

5 eligible for disability retirement under any of

6 the retirement systems referred to in subpara7 graph (A).

8 ‘‘(c) ESTABLISHMENT OF PROGRAM.—Notwith9 standing any other provision of law, the Director, in his

10 sole discretion, may establish a program under which em11 ployees may, after October 1, 2000, be eligible for early

12 retirement, offered separation pay to separate from service

13 voluntarily, or both.

14 ‘‘(d) EARLY RETIREMENT.—An employee who—

15 ‘‘(1) is at least 50 years of age and has com16 pleted 20 years of service; or

17 ‘‘(2) has at least 25 years of service,

18 may, pursuant to regulations promulgated under this sec19 tion, apply and be retired from the National Security

20 Agency and receive benefits in accordance with chapter 83

21 or 84 of title 5, United States Code, if the employee has

22 not less than 10 years of service with the National Secu23 rity Agency.

24 ‘‘(e) AMOUNT OF SEPARATION PAY AND TREATMENT

25 FOR OTHER PURPOSES.—
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1 ‘‘(1) AMOUNT.—Separation pay shall be paid in

2 a lump sum and shall be equal to the lesser of—

3 ‘‘(A) an amount equal to the amount the

4 employee would be entitled to receive under sec5 tion 5595(c) of title 5, United States Code, if

6 the employee were entitled to payment under

7 such section; or

8 ‘‘(B) $25,000.

9 ‘‘(2) TREATMENT.—Separation pay shall not—

10 ‘‘(A) be a basis for payment, and shall not

11 be included in the computation, of any other

12 type of Government benefit; and

13 ‘‘(B) be taken into account for the purpose

14 of determining the amount of any severance pay

15 to which an individual may be entitled under

16 section 5595 of title 5, United States Code,

17 based on any other separation.

18 ‘‘(f ) REEMPLOYMENT RESTRICTIONS.—An employee

19 who receives separation pay under such program may not

20 be reemployed by the National Security Agency for the

21 12-month period beginning on the effective date of the em22 ployee’s separation. An employee who receives separation

23 pay under this section on the basis of a separation occur24 ring on or after the date of the enactment of the Federal

25 Workforce Restructuring Act of 1994 (Public Law 103–
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1 236; 108 Stat. 111) and accepts employment with the

2 Government of the United States within 5 years after the

3 date of the separation on which payment of the separation

4 pay is based shall be required to repay the entire amount

5 of the separation pay to the National Security Agency. If

6 the employment is with an Executive agency (as defined

7 by section 105 of title 5, United States Code), the Director

8 of the Office of Personnel Management may, at the re9 quest of the head of the agency, waive the repayment if

10 the individual involved possesses unique abilities and is the

11 only qualified applicant available for the position. If the

12 employment is with an entity in the legislative branch, the

13 head of the entity or the appointing official may waive the

14 repayment if the individual involved possesses unique abili15 ties and is the only qualified applicant available for the

16 position. If the employment is with the judicial branch,

17 the Director of the Administrative Office of the United

18 States Courts may waive the repayment if the individual

19 involved possesses unique abilities and is the only qualified

20 applicant available for the position.

21 ‘‘(g) BAR ON CERTAIN EMPLOYMENT.—

22 ‘‘(1) BAR.—An employee may not be separated

23 from service under this section unless the employee

24 agrees that the employee will not—
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1 ‘‘(A) act as agent or attorney for, or other2 wise represent, any other person (except the

3 United States) in any formal or informal ap4 pearance before, or, with the intent to influence,

5 make any oral or written communication on be6 half of any other person (except the United

7 States) to the National Security Agency; or

8 ‘‘(B) participate in any manner in the

9 award, modification, or extension of any con10 tract for property or services with the National

11 Security Agency,

12 during the 12-month period beginning on the effec13 tive date of the employee’s separation from service.

14 ‘‘(2) PENALTY.—An employee who violates an

15 agreement under this subsection shall be liable to

16 the United States in the amount of the separation

17 pay paid to the employee pursuant to this section

18 multiplied by the proportion of the 12-month period

19 during which the employee was in violation of the

20 agreement.

21 ‘‘(h) LIMITATIONS.—Under this program, early re22 tirement and separation pay may be offered only—

23 ‘‘(1) with the prior approval of the Director;

24 ‘‘(2) for the period specified by the Director;

25 and
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1 ‘‘(3) to employees within such occupational

2 groups or geographic locations, or subject to such

3 other similar limitations or conditions, as the Direc4 tor may require.

5 ‘‘(i) REGULATIONS.—Before an employee may be eli6 gible for early retirement, separation pay, or both, under

7 this section, the Director shall prescribe such regulations

8 as may be necessary to carry out this section.

9 ‘‘( j) REPORTING REQUIREMENTS.—

10 ‘‘(1) NOTIFICATION.—The Director may not

11 make an offer of early retirement, separation pay, or

12 both, pursuant to this section until 15 days after

13 submitting to the Permanent Select Committee on

14 Intelligence of the House of Representatives and the

15 Select Committee on Intelligence of the Senate a re16 port describing the occupational groups or geo17 graphic locations, or other similar limitations or con18 ditions, required by the Director under subsection

19 (h), and includes the proposed regulations issued

20 pursuant to subsection (i).

21 ‘‘(2) ANNUAL REPORT.—The Director shall

22 submit to the President and the Permanent Select

23 Committee on Intelligence of the House of Rep24 resentatives and the Select Committee on Intel-
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1 ligence of the Senate an annual report on the effec2 tiveness and costs of carrying out this section.

3 ‘‘(k) REMITTANCE OF FUNDS.—In addition to any

4 other payment that is required to be made under sub5 chapter III of chapter 83 or chapter 84 of title 5, United

6 States Code, the National Security Agency shall remit to

7 the Office of Personnel Management for deposit in the

8 Treasury of the United States to the credit of the Civil

9 Service Retirement and Disability Fund, an amount equal

10 to 15 percent of the final basic pay of each employee to

11 whom a voluntary separation payment has been or is to

12 be paid under this section. The remittance required by this

13 subsection shall be in lieu of any remittance required by

14 section 4(a) of the Federal Workforce Restructuring Act

15 of 1994 (5 U.S.C. 8331 note).’’.

16 (b) CLERICAL AMENDMENT.—The table of contents

17 for title III of the National Security Act of 1947 is amend18 ed by inserting at the beginning the following new item:

‘‘Sec. 301. National Security Agency voluntary separation.’’.

19 SEC. 305. AUTHORIZATION FOR TRAVEL ON ANY COMMON

20 CARRIER FOR CERTAIN INTELLIGENCE COL21 LECTION PERSONNEL.

22 (a) IN GENERAL.—Title I of the National Security

23 Act of 1947 (50 U.S.C. 402 et seq.) is amended by adding

24 at the end the following new section:
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1 ‘‘TRAVEL ON ANY COMMON CARRIER FOR CERTAIN

2 INTELLIGENCE COLLECTION PERSONNEL

3 ‘‘SEC. 116. (a) IN GENERAL.—Notwithstanding any

4 other provision of law, the Director of Central Intelligence

5 may authorize travel on any common carrier when such

6 travel, in the discretion of the Director—

7 ‘‘(1) is consistent with intelligence community

8 mission requirements, or

9 ‘‘(2) is required for cover purposes, operational

10 needs, or other exceptional circumstances necessary

11 for the successful performance of an intelligence

12 community mission.

13 ‘‘(b) AUTHORIZED DELEGATION OF DUTY.—The Di14 rector may only delegate the authority granted by this sec15 tion to the Deputy Director of Central Intelligence, or with

16 respect to employees of the Central Intelligence Agency

17 the Director may delegate such authority to the Deputy

18 Director for Operations.’’.

19 (b) CLERICAL AMENDMENT.—The table of contents

20 for the National Security Act of 1947 is amended by in21 serting after the item relating to section 115 the following

22 new item:

‘‘Sec. 116. Travel on any common carrier for certain intelligence collection personnel.’’.
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1 SEC. 306. UPDATE OF REPORT ON EFFECTS OF FOREIGN

2 ESPIONAGE ON UNITED STATES TRADE SE3 CRETS.

4 Not later than 270 days after the date of the enact5 ment of this Act, the Director of Central Intelligence shall

6 submit to Congress a report that updates and revises, as

7 necessary, the report prepared by the Director pursuant

8 to section 310 of the Intelligence Authorization Act for

9 Fiscal Year 2000 (Public Law 106–120; 113 Stat. 1606).

10 SEC. 307. POW/MIA ANALYTIC CAPABILITY WITHIN THE IN11 TELLIGENCE COMMUNITY.

12 (a) IN GENERAL.—Title I of the National Security

13 Act of 1947 (50 U.S.C. 402 et seq.), as amended by sec14 tion 305(a), is further amended by adding at the end the

15 following:

16 ‘‘POW/ MIA ANALYTIC CAPABILITY

17 ‘‘SEC. 117. (a) REQUIREMENT.—(1) The Director of

18 Central Intelligence shall, in consultation with the Sec19 retary of Defense, establish and maintain in the intel20 ligence community an analytic capability with responsi21 bility for intelligence in support of the activities of the

22 United States relating to individuals who, after December

23 31, 1990, are unaccounted for United States personnel.

24 ‘‘(2) The analytic capability maintained under para25 graph (1) shall be known as the ‘POW/MIA analytic capa26 bility of the intelligence community’.
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1 ‘‘(b) UNACCOUNTED FOR UNITED STATES PER2 SONNEL.—In this section, the term ‘unaccounted for

3 United States personnel’ means the following:

4 ‘‘(1) Any missing person (as that term is de5 fined in section 1513(1) of title 10, United States

6 Code).

7 ‘‘(2) Any United States national who was killed

8 while engaged in activities on behalf of the United

9 States and whose remains have not been repatriated

10 to the United States.’’.

11 (b) CLERICAL AMENDMENT.—The table of contents

12 for the National Security Act of 1947, as amended by sec13 tion 305(b), is further amended by inserting after the item

14 relating to section 116 the following new item:

‘‘Sec. 117. POW/MIA analytic capability.’’.

15 SEC. 308. APPLICABILITY TO LAWFUL UNITED STATES IN16 TELLIGENCE ACTIVITIES OF FEDERAL LAWS

17 IMPLEMENTING INTERNATIONAL TREATIES

18 AND AGREEMENTS.

19 (a) IN GENERAL.—The National Security Act of

20 1947 (50 U.S.C. 401 et seq.) is amended by adding at

21 the end the following new title:
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1 ‘‘TITLE X—ADDITIONAL MISCELLANEOUS

2 PROVISIONS

3 ‘‘APPLICABILITY TO UNITED STATES INTELLIGENCE AC4 TIVITIES OF FEDERAL LAWS IMPLEMENTING INTER5 NATIONAL TREATIES AND AGREEMENTS

6 ‘‘SEC. 1001. (a) IN GENERAL.—No Federal law en7 acted on or after the date of the enactment of the Intel8 ligence Authorization Act for Fiscal Year 2001 that imple9 ments a treaty or other international agreement shall be

10 construed as making unlawful an otherwise lawful and au11 thorized intelligence activity of the United States Govern12 ment or its employees, or any other person to the extent

13 such other person is carrying out such activity on behalf

14 of, and at the direction of, the United States, unless such

15 Federal law specifically addresses such intelligence activ16 ity.

17 ‘‘(b) AUTHORIZED INTELLIGENCE ACTIVITIES.—An

18 intelligence activity shall be treated as authorized for pur19 poses of subsection (a) if the intelligence activity is author20 ized by an appropriate official of the United States Gov21 ernment, acting within the scope of the official duties of

22 that official and in compliance with Federal law and any

23 applicable Presidential directive.’’.
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1 (b) CLERICAL AMENDMENT.—The table of contents

2 for the National Security Act of 1947 is amended by in3 serting 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.’’.

4 SEC. 309. LIMITATION ON HANDLING, RETENTION, AND

5 STORAGE OF CERTAIN CLASSIFIED MATE6 RIALS BY THE DEPARTMENT OF STATE.

7 (a) CERTIFICATION REGARDING FULL COMPLIANCE

8 WITH REQUIREMENTS.—The Director of Central Intel9 ligence shall certify to the appropriate committees of Con10 gress whether or not each covered element of the Depart11 ment of State is in full compliance with all applicable di12 rectives of the Director of Central Intelligence relating to

13 the handling, retention, or storage of covered classified

14 material.

15 (b) LIMITATION ON CERTIFICATION.—The Director

16 of Central Intelligence may not certify a covered element

17 of the Department of State as being in full compliance

18 with the directives referred to in subsection (a) if the cov19 ered element is currently subject to a waiver of compliance

20 with respect to any such directive.

21 (c) REPORT ON NONCOMPLIANCE.—Whenever the

22 Director of Central Intelligence determines that a covered

23 element of the Department of State is not in full compli-
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1 ance with any directive referred to in subsection (a), the

2 Director shall promptly notify the appropriate committees

3 of Congress of such determination.

4 (d) EFFECTS OF CERTIFICATION OF NON-FULL

5 COMPLIANCE.—(1) Subject to subsection (e), effective as

6 of January 1, 2001, a covered element of the Department

7 of State may not retain or store covered classified material

8 unless the Director has certified under subsection (a) as

9 of such date that the covered element is in full compliance

10 with the directives referred to in subsection (a).

11 (2) If the prohibition in paragraph (1) takes effect

12 in accordance with that paragraph, the prohibition shall

13 remain in effect until the date on which the Director cer14 tifies under subsection (a) that the covered element in15 volved is in full compliance with the directives referred to

16 in that subsection.

17 (e) WAIVER BY DIRECTOR OF CENTRAL INTEL18 LIGENCE.—(1) The Director of Central Intelligence may

19 waive the applicability of the prohibition in subsection (d)

20 to an element of the Department of State otherwise cov21 ered by such prohibition if the Director determines that

22 the waiver is in the national security interests of the

23 United States.
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1 (2) The Director shall submit to appropriate commit2 tees of Congress a report on each exercise of the waiver

3 authority in paragraph (1).

4 (3) Each report under paragraph (2) with respect to

5 the exercise of authority under paragraph (1) shall set

6 forth the following:

7 (A) The covered element of the Department of

8 State addressed by the waiver.

9 (B) The reasons for the waiver.

10 (C) The actions that will be taken to bring such

11 element into full compliance with the directives re12 ferred to in subsection (a), including a schedule for

13 completion of such actions.

14 (D) The actions taken by the Director to pro15 tect any covered classified material to be handled,

16 retained, or stored by such element pending achieve17 ment of full compliance of such element with such

18 directives.

19 (f ) DEFINITIONS.—In this section:

20 (1) The term ‘‘appropriate committees of Con21 gress’’ means the following:

22 (A) The Select Committee on Intelligence

23 and the Committee on Foreign Relations of the

24 Senate.
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1 (B) The Permanent Select Committee on

2 Intelligence and the Committee on International

3 Relations of the House of Representatives.

4 (2) The term ‘‘covered classified material’’

5 means any material classified at the Sensitive Com6 partmented Information (SCI) level.

7 (3) The term ‘‘covered element of the Depart8 ment of State’’ means each element of the Depart9 ment of State that handles, retains, or stores cov10 ered classified material.

11 (4) The term ‘‘material’’ means any data, re12 gardless of physical form or characteristic, including

13 written or printed matter, automated information

14 systems storage media, maps, charts, paintings,

15 drawings, films, photographs, engravings, sketches,

16 working notes, papers, reproductions of any such

17 things by any means or process, and sound, voice,

18 magnetic, or electronic recordings.

19 (5) The term ‘‘Sensitive Compartmented Infor20 mation (SCI) level’’, in the case of classified mate21 rial, means a level of classification for information in

22 such material concerning or derived from intelligence

23 sources, methods, or analytical processes that re24 quires such information to be handled within formal
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1 access control systems established by the Director of

2 Central Intelligence.

3 SEC. 310. DESIGNATION OF DANIEL PATRICK MOYNIHAN

4 PLACE.

5 (a) FINDINGS.—Congress finds that—

6 (1) during the second half of the twentieth cen7 tury, Senator Daniel Patrick Moynihan promoted

8 the importance of architecture and urban planning

9 in the Nation’s Capital, particularly with respect to

10 the portion of Pennsylvania Avenue between the

11 White House and the United States Capitol (re12 ferred to in this subsection as the ‘‘Avenue’’);

13 (2) Senator Moynihan has stressed the unique

14 significance of the Avenue as conceived by Pierre

15 Charles L’Enfant to be the ‘‘grand axis’’ of the Na16 tion’s Capital as well as a symbolic representation of

17 the separate yet unified branches of the United

18 States Government;

19 (3) through his service to the Ad Hoc Com20 mittee on Federal Office Space (1961–1962), as a

21 member of the President’s Council on Pennsylvania

22 Avenue (1962–1964), and as vice-chairman of the

23 President’s Temporary Commission on Pennsylvania

24 Avenue (1965–1969), and in his various capacities

25 in the executive and legislative branches, Senator
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1 Moynihan has consistently and creatively sought to

2 fulfill President Kennedy’s recommendation of June

3 1, 1962, that the Avenue not become a ‘‘solid pha4 lanx of public and private office buildings which

5 close down completely at night and on weekends,’’

6 but that it be ‘‘lively, friendly, and inviting, as well

7 as dignified and impressive’’;

8 (4)(A) Senator Moynihan helped draft a Fed9 eral architectural policy, known as the ‘‘Guiding

10 Principles for Federal Architecture,’’ that rec11 ommends a choice of designs that are ‘‘efficient and

12 economical’’ and that provide ‘‘visual testimony to

13 the dignity, enterprise, vigor, and stability’’ of the

14 United States Government; and

15 (B) the Guiding Principles for Federal Archi16 tecture further state that the ‘‘development of an of17 ficial style must be avoided. Design must flow from

18 the architectural profession to the Government, and

19 not vice versa.’’;

20 (5) Senator Moynihan has encouraged—

21 (A) the construction of new buildings along

22 the Avenue, such as the Ronald Reagan Build23 ing and International Trade Center; and

24 (B) the establishment of an academic insti25 tution along the Avenue, namely the Woodrow
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1 Wilson International Center for Scholars, a liv2 ing memorial to President Wilson; and

3 (6) as Senator Moynihan’s service in the Senate

4 concludes, it is appropriate to commemorate his leg5 acy of public service and his commitment to

6 thoughtful urban design in the Nation’s Capital.

7 (b) DESIGNATION.—The parcel of land located in the

8 northwest quadrant of Washington, District of Columbia,

9 and described in subsection (c) shall be known and des10 ignated as ‘‘Daniel Patrick Moynihan Place’’.

11 (c) BOUNDARIES.—The parcel of land described in

12 this subsection is the portion of Woodrow Wilson Plaza

13 (as designated by Public Law 103–284 (108 Stat. 1448))

14 that is bounded—

15 (1) on the west by the eastern facade of the

16 Ronald Reagan Building and International Trade

17 Center;

18 (2) on the east by the western facade of the

19 Ariel Rios Building;

20 (3) on the north by the southern edge of the

21 sidewalk abutting Pennsylvania Avenue; and

22 (4) on the south by the line that extends west

23 to the facade of the Ronald Reagan Building and

24 International Trade Center, from the point where
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1 the west facade of the Ariel Rios Building intersects

2 the north end of the west hemicycle of that building.

3 (d) REFERENCES.—Any reference in a law, map, reg4 ulation, document, paper, or other record of the United

5 States to the parcel of land described in subsection (c)

6 shall be deemed to be a reference to Daniel Patrick Moy7 nihan Place.

8 (e) MARKERS.—The Administrator of General Serv9 ices shall erect appropriate gateways or other markers in

10 Daniel Patrick Moynihan Place so denoting that place.

11 Subtitle B—Diplomatic Tele12 communications Service Pro13 gram Office (DTS-PO)

14 SEC. 321. REORGANIZATION OF DIPLOMATIC TELE15 COMMUNICATIONS SERVICE PROGRAM OF16 FICE.

17 (a) REORGANIZATION.—Effective 60 days after the

18 date of the enactment of this Act, the Diplomatic Tele19 communications Service Program Office (DTS-PO) estab20 lished pursuant to title V of Public Law 102–140 shall

21 be reorganized in accordance with this subtitle.

22 (b) PURPOSE AND DUTIES OF DTS-PO.—The pur23 pose and duties of DTS-PO shall be to carry out a pro24 gram for the establishment and maintenance of a diplo25 matic telecommunications system and communications
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1 network (hereinafter in this subtitle referred to as

2 ‘‘DTS’’) capable of providing multiple levels of service to

3 meet the wide ranging needs of all United States Govern4 ment agencies and departments at diplomatic facilities

5 abroad, including national security needs for secure, reli6 able, and robust communications capabilities.

7 SEC. 322. PERSONNEL.

8 (a) ESTABLISHMENT OF POSITION OF CHIEF EXECU9 TIVE OFFICER.—

10 (1) IN GENERAL.—Effective 60 days after the

11 date of the enactment of this Act, there is estab12 lished the position of Chief Executive Officer of the

13 Diplomatic Telecommunications Service Program

14 Office (hereinafter in this subtitle referred to as the

15 ‘‘CEO’’).

16 (2) QUALIFICATIONS.—

17 (A) IN GENERAL.—The CEO shall be an

18 individual who—

19 (i) is a communications professional;

20 (ii) has served in the commercial tele21 communications industry for at least 7

22 years;

23 (iii) has an extensive background in

24 communications system design, mainte-
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1 nance, and support and a background in

2 organizational management; and

3 (iv) submits to a background inves4 tigation and possesses the necessary quali5 fications to obtain a security clearance re6 quired to meet the highest United States

7 Government security standards.

8 (B) LIMITATIONS.—The CEO may not be

9 an individual who was an officer or employee of

10 DTS-PO prior to the date of the enactment of

11 this Act.

12 (3) APPOINTMENT AUTHORITY.—The CEO of

13 DTS-PO shall be appointed by the Director of the

14 Office of Management and Budget.

15 (4) FIRST APPOINTMENT.—

16 (i) DEADLINE.—The first appoint17 ment under this subsection shall be made

18 not later than May 1, 2001.

19 (ii) LIMITATION ON USE OF FUNDS.—

20 Of the funds available for DTS-PO on the

21 date of the enactment of this Act, not

22 more than 75 percent of such funds may

23 be obligated or expended until a CEO is

24 appointed under this subsection and as25 sumes such position.
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1 (iii) MAY NOT BE AN OFFICER OR EM2 PLOYEE OF FEDERAL GOVERNMENT.—The

3 individual first appointed as CEO under

4 this subtitle may not have been an officer

5 or employee of the Federal government

6 during the 1-year period immediately pre7 ceding such appointment.

8 (5) VACANCY.—In the event of a vacancy in the

9 position of CEO or during the absence or disability

10 of the CEO, the Director of the Office of Manage11 ment and Budget may designate an officer or em12 ployee of DTS-PO to perform the duties of the posi13 tion as the acting CEO.

14 (6) AUTHORITIES AND DUTIES.—

15 (A) IN GENERAL.—The CEO shall have re16 sponsibility for day-to-day management and op17 erations of DTS, subject to the supervision of

18 the Diplomatic Telecommunication Service

19 Oversight Board established under this subtitle.

20 (B) SPECIFIC AUTHORITIES.—In carrying

21 out the responsibility for day-to-day manage22 ment and operations of DTS, the CEO shall, at

23 a minimum, have—

24 (i) final decision-making authority for

25 implementing DTS policy; and
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1 (ii) final decision-making authority for

2 managing all communications technology

3 and security upgrades to satisfy DTS user

4 requirements.

5 (C) CERTIFICATION REGARDING SECU6 RITY.—The CEO shall certify to the appro7 priate congressional committees that the oper8 ational and communications security require9 ments and practices of DTS conform to the

10 highest security requirements and practices re11 quired by any agency utilizing the DTS.

12 (D) REPORTS TO CONGRESS.—

13 (i) SEMIANNUAL REPORTS.—Begin14 ning on August 1, 2001, and every 6

15 months thereafter, the CEO shall submit

16 to the appropriate congressional commit17 tees of jurisdiction a report regarding the

18 activities of DTS-PO during the preceding

19 6 months, the current capabilities of DTS20 PO, and the priorities of DTS-PO for the

21 subsequent 6-month period. Each report

22 shall include a discussion about any ad23 ministrative, budgetary, or management

24 issues that hinder the ability of DTS-PO

25 to fulfill its mandate.
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1 (ii) OTHER REPORTS.—In addition to

2 the report required by clause (i), the CEO

3 shall keep the appropriate congressional

4 committees of jurisdiction fully and cur5 rently informed with regard to DTS-PO

6 activities, particularly with regard to any

7 significant security infractions or major

8 outages in the DTS.

9 (b) ESTABLISHMENT OF POSITIONS OF DEPUTY EX10 ECUTIVE OFFICER.—

11 (1) IN GENERAL.—There shall be two Deputy

12 Executive Officers of the Diplomatic Telecommuni13 cations Service Program Office, each to be appointed

14 by the President.

15 (2) DUTIES.—The Deputy Executive Officers

16 shall perform such duties as the CEO may require.

17 (c) TERMINATION OF POSITIONS OF DIRECTOR AND

18 DEPUTY DIRECTOR.—Effective upon the first appoint19 ment of a CEO pursuant to subsection (a), the positions

20 of Director and Deputy Director of DTS-PO shall termi21 nate.

22 (d) EMPLOYEES OF DTS-PO.—

23 (1) IN GENERAL.—DTS-PO is authorized to

24 have the following employees: a CEO established

25 under subsection (a), two Deputy Executive Officers
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1 established under subsection (b), and not more than

2 four other employees.

3 (2) APPLICABILITY OF CERTAIN CIVIL SERVICE

4 LAWS.—The CEO and other officers and employees

5 of DTS-PO may be appointed without regard to the

6 provisions of title 5, United States Code, governing

7 appointments in the competitive service, and may be

8 paid without regard to the provisions of chapter 51

9 and subchapter III of chapter 53 of that title relat10 ing to classification and General Schedule pay rates.

11 (3) AUTHORITY OF DIRECTOR OF OMB TO PRE12 SCRIBE PAY OF EMPLOYEES.—The Director of the

13 Office of Management and Budget shall prescribe

14 the rates of basic pay for positions to which employ15 ees are appointed under this section on the basis of

16 their unique qualifications.

17 (e) STAFF OF FEDERAL AGENCIES.—

18 (1) IN GENERAL.—Upon request of the CEO,

19 the head of any Federal department or agency may

20 detail, on a reimbursable basis, any of the personnel

21 of that department or agency to DTS-PO to assist

22 it in carrying out its duties under this subtitle.

23 (2) CONTINUATION OF SERVICE.—An employee

24 of a Federal department or agency who was per25 forming services on behalf of DTS-PO prior to the
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1 effective date of the reorganization under this sub2 title shall continue to be detailed to DTS-PO after

3 that date, upon request.

4 SEC. 323. DIPLOMATIC TELECOMMUNICATIONS SERVICE

5 OVERSIGHT BOARD.

6 (a) OVERSIGHT BOARD ESTABLISHED.—

7 (1) IN GENERAL.—There is hereby established

8 the Diplomatic Telecommunications Service Over9 sight Board (hereinafter in this subtitle referred to

10 as the ‘‘Board’’) as an instrumentality of the United

11 States with the powers and authorities herein pro12 vided.

13 (2) STATUS.—The Board shall oversee and

14 monitor the operations of DTS-PO and shall be ac15 countable for the duties assigned to DTS-PO under

16 this subtitle.

17 (3) MEMBERSHIP.—

18 (A) IN GENERAL.—The Board shall consist

19 of three members as follows:

20 (i) The Deputy Director of the Office

21 of Management and Budget.

22 (ii) Two members to be appointed by

23 the President.
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1 (B) CHAIRPERSON.—The chairperson of

2 the Board shall be the Deputy Director of the

3 Office of Management and Budget.

4 (C) TERMS.—Members of the Board ap5 pointed by the President shall serve at the

6 pleasure of the President.

7 (D) QUORUM REQUIRED.—A quorum shall

8 consist of all members of the Board and all de9 cisions of the Board shall require a majority

10 vote.

11 (4) PROHIBITION ON COMPENSATION.—Mem12 bers of the Board may not receive additional pay, al13 lowances, or benefits by reason of their service on

14 the Board.

15 (5) DUTIES AND AUTHORITIES.—The Board

16 shall have the following duties and authorities with

17 respect to DTS-PO:

18 (A) To review and approve overall strate19 gies, policies, and goals established by DTS-PO

20 for its activities.

21 (B) To review and approve financial plans,

22 budgets, and periodic financing requests devel23 oped by DTS-PO.

24 (C) To review the overall performance of

25 DTS-PO on a periodic basis, including its work,
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1 management activities, and internal controls,

2 and the performance of DTS-PO relative to ap3 proved budget plans.

4 (D) To require from DTS-PO any reports,

5 documents, and records the Board considers

6 necessary to carry out its oversight responsibil7 ities.

8 (E) To evaluate audits of DTS-PO.

9 (6) LIMITATION ON AUTHORITY.—The CEO

10 shall have the authority, without any prior review or

11 approval by the Board, to make such determinations

12 as the CEO considers appropriate and take such ac13 tions as the CEO considers appropriate with respect

14 to the day-to-day management and operation of

15 DTS-PO and to carry out the reforms of DTS-PO

16 authorized by section 305 of the Admiral James W.

17 Nance and Meg Donovan Foreign Relations Author18 ization Act, Fiscal Years 2000 and 2001 (section

19 305 of appendix G of Public Law 106–113).

20 SEC. 324. GENERAL PROVISIONS.

21 (a) REPORT TO CONGRESS.—Not later than March

22 1, 2001, the Director of the Office of Management and

23 Budget shall submit to the appropriate congressional com24 mittees of jurisdiction a report which includes the fol25 lowing elements with respect to DTS-PO:
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1 (1) Clarification of the process for the CEO to

2 report to the Board.

3 (2) Details of the CEO’s duties and responsibil4 ities.

5 (3) Details of the compensation package for the

6 CEO and other employees of DTS-PO.

7 (4) Recommendations to the Overseas Security

8 Policy Board (OSPB) for updates.

9 (5) Security standards for information tech10 nology.

11 (6) The upgrade precedence plan for overseas

12 posts with national security interests.

13 (7) A spending plan for the additional funds

14 provided for the operation and improvement of DTS

15 for fiscal year 2001.

16 (b) NOTIFICATION REQUIREMENTS.—The notifica17 tion requirements of sections 502 and 505 of the National

18 Security Act of 1947 shall apply to DTS-PO and the

19 Board.

20 (c) PROCUREMENT AUTHORITY OF DTS-PO.—The

21 procurement authorities of any of the users of DTS shall

22 be available to the DTS-PO.

23 (d) DEFINITION OF APPROPRIATE CONGRESSIONAL

24 COMMITTEES OF JURISDICTION.—As used in this subtitle,

25 the term ‘‘appropriate congressional committees of juris-
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1 diction’’ means the Committee on Appropriations, the

2 Committee on Foreign Relations, and the Select Com3 mittee on Intelligence of the Senate and the Committee

4 on Appropriations, the Committee on International Rela5 tions, and the Permanent Select Committee on Intel6 ligence of the House of Representatives.

7 (e) STATUTORY CONSTRUCTION.—Nothing in this

8 subtitle shall be construed to negate or to reduce the stat9 utory obligations of any United States department or

10 agency head.

11 (f ) AUTHORIZATION OF APPROPRIATIONS FOR DTS12 PO.—For each of the fiscal years 2002 through 2006,

13 there are authorized to be appropriated directly to DTS14 PO such sums as may be necessary to carry out the man15 agement, oversight, and security requirements of this sub16 title.

17 TITLE IV—CENTRAL

18 INTELLIGENCE AGENCY

19 SEC. 401. MODIFICATIONS TO CENTRAL INTELLIGENCE

20 AGENCY’S CENTRAL SERVICES PROGRAM.

21 (a) DEPOSITS IN CENTRAL SERVICES WORKING CAP22 ITAL FUND.—Subsection (c)(2) of section 21 of the Cen23 tral Intelligence Agency Act of 1949 (50 U.S.C.

24 403u(c)(2)) is amended—
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1 (1) by redesignating subparagraph (F) as sub2 paragraph (H); and

3 (2) by inserting after subparagraph (E) the fol4 lowing new subparagraphs:

5 ‘‘(F) Receipts from individuals in reimburse6 ment for utility services and meals provided under

7 the program.

8 ‘‘(G) Receipts from individuals for the rental of

9 property and equipment under the program.’’.

10 (b) CLARIFICATION OF COSTS RECOVERABLE UNDER

11 PROGRAM.—Subsection (e)(1) of that section is amended

12 in the second sentence by inserting ‘‘other than structures

13 owned by the Agency’’ after ‘‘depreciation of plant and

14 equipment’’.

15 (c) FINANCIAL STATEMENTS OF PROGRAM.—Sub16 section (g)(2) of that section is amended in the first sen17 tence by striking ‘‘annual audits under paragraph (1)’’

18 and inserting the following: ‘‘financial statements to be

19 prepared with respect to the program. Office of Manage20 ment and Budget guidance shall also determine the proce21 dures for conducting annual audits under paragraph (1).’’.

22 SEC. 402. TECHNICAL CORRECTIONS.

23 (a) CLARIFICATION REGARDING REPORTS ON EXER24 CISE OF AUTHORITY.—Section 17 of the Central Intel-
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1 ligence Agency Act of 1949 (50 U.S.C. 403q) is

2 amended—

3 (1) in subsection (d)(1), by striking subpara4 graph (E) and inserting the following new subpara5 graph (E):

6 ‘‘(E) a description of the exercise of the sub7 poena authority under subsection (e)(5) by the In8 spector General during the reporting period; and’’;

9 and

10 (2) in subsection (e)(5), by striking subpara11 graph (E).

12 (b) TERMINOLOGY WITH RESPECT TO GOVERNMENT

13 AGENCIES.—Section 17(e)(8) of such Act (50 U.S.C.

14 403q(e)(8)) is amended by striking ‘‘Federal’’ each place

15 it appears and inserting ‘‘Government’’.

16 SEC. 403. EXPANSION OF INSPECTOR GENERAL ACTIONS

17 REQUIRING A REPORT TO CONGRESS.

18 Section 17(d)(3) of the Central Intelligence Agency

19 Act of 1949 (50 U.S.C. 403q(d)(3)) is amended by strik20 ing all that follows after subparagraph (A) and inserting

21 the following:

22 ‘‘(B) an investigation, inspection, or audit car23 ried out by the Inspector General should focus on

24 any current or former Agency official who—
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1 ‘‘(i) holds or held a position in the Agency

2 that is subject to appointment by the President,

3 by and with the advise and consent of the Sen4 ate, including such a position held on an acting

5 basis; or

6 ‘‘(ii) holds or held the position in the

7 Agency, including such a position held on an

8 acting basis, of—

9 ‘‘(I) Executive Director;

10 ‘‘(II) Deputy Director for Operations;

11 ‘‘(III) Deputy Director for Intel12 ligence;

13 ‘‘(IV) Deputy Director for Adminis14 tration; or

15 ‘‘(V) Deputy Director for Science and

16 Technology;

17 ‘‘(C) a matter requires a report by the Inspec18 tor General to the Department of Justice on possible

19 criminal conduct by a current or former Agency offi20 cial described or referred to in subparagraph (B);

21 ‘‘(D) the Inspector General receives notice from

22 the Department of Justice declining or approving

23 prosecution of possible criminal conduct of any of

24 the officials described in subparagraph (B); or
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1 ‘‘(E) the Inspector General, after exhausting all

2 possible alternatives, is unable to obtain significant

3 documentary information in the course of an inves4 tigation, inspection, or audit,

5 the Inspector General shall immediately notify and submit

6 a report on such matter to the intelligence committees.’’.

7 SEC. 404. DETAIL OF EMPLOYEES TO THE NATIONAL RE8 CONNAISSANCE OFFICE.

9 The Central Intelligence Agency Act of 1949 (50

10 U.S.C. 403a et seq.) is amended by adding at the end the

11 following new section:

12 ‘‘DETAIL OF EMPLOYEES

13 ‘‘SEC. 22. The Director may—

14 ‘‘(1) detail any personnel of the Agency on a re15 imbursable basis indefinitely to the National Recon16 naissance Office without regard to any limitation

17 under law on the duration of details of Federal Gov18 ernment personnel; and

19 ‘‘(2) hire personnel for the purpose of any de20 tail under paragraph (1).’’.

21 SEC. 405. TRANSFERS OF FUNDS TO OTHER AGENCIES FOR

22 ACQUISITION OF LAND.

23 (a) IN GENERAL.—Section 5 of the Central Intel24 ligence Agency Act of 1949 (50 U.S.C. 403f ) is amended

25 by adding at the end the following new subsection:
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1 ‘‘(c) TRANSFERS FOR ACQUISITION OF LAND.—(1)

2 Sums appropriated or otherwise made available to the

3 Agency for the acquisition of land that are transferred to

4 another department or agency for that purpose shall re5 main available for 3 years.

6 ‘‘(2) The Director shall submit to the Select Com7 mittee on Intelligence of the Senate and the Permanent

8 Select Committee on Intelligence of the House of Rep9 resentatives an annual report on the transfers of sums de10 scribed in paragraph (1).’’.

11 (b) CONFORMING STYLISTIC AMENDMENTS.—That

12 section is further amended—

13 (1) in subsection (a), by inserting ‘‘IN GEN14 ERAL.—’’ after ‘‘(a)’’; and

15 (2) in subsection (b), by inserting ‘‘SCOPE OF

16 AUTHORITY FOR EXPENDITURE.—’’ after ‘‘(b)’’.

17 (c) APPLICABILITY.—Subsection (c) of section 5 of

18 the Central Intelligence Agency Act of 1949, as added by

19 subsection (a) of this section, shall apply with respect to

20 amounts appropriated or otherwise made available for the

21 Central Intelligence Agency for fiscal years after fiscal

22 year 2000.
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1 SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOYEES FOR

2 REIMBURSEMENT FOR PROFESSIONAL LI3 ABILITY INSURANCE.

4 (a) IN GENERAL.—Notwithstanding any provision of

5 title VI, section 636 of the Treasury, Postal Service, and

6 General Government Appropriations Act, 1997 (5 U.S.C.

7 prec. 5941 note), the Director of Central Intelligence

8 may—

9 (1) designate as qualified employees within the

10 meaning of subsection (b) of that section appro11 priate categories of employees not otherwise covered

12 by that subsection; and

13 (2) use appropriated funds available to the Di14 rector to reimburse employees within categories so

15 designated for one-half of the costs incurred by such

16 employees for professional liability insurance in ac17 cordance with subsection (a) of that section.

18 (b) REPORTS.—The Director of Central Intelligence

19 shall submit to the Select Committee on Intelligence of

20 the Senate and the Permanent Select Committee of Intel21 ligence of the House of Representatives a report on each

22 designation of a category of employees under paragraph

23 (1) of subsection (a), including the approximate number

24 of employees covered by such designation and an estimate

25 of the amount to be expended on reimbursement of such

26 employees under paragraph (2) of that subsection.
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1 TITLE V—DEPARTMENT OF DE2 FENSE INTELLIGENCE AC3 TIVITIES

4 SEC. 501. CONTRACTING AUTHORITY FOR THE NATIONAL

5 RECONNAISSANCE OFFICE.

6 (a) IN GENERAL.—The National Reconnaissance Of7 fice (‘‘NRO’’) shall negotiate, write, execute, and manage

8 contracts for launch vehicle acquisition or launch that af9 fect or bind the NRO and to which the United States is

10 a party.

11 (b) EFFECTIVE DATE.—This section shall apply to

12 any contract described in subsection (a) that is entered

13 into after the date of the enactment of this Act.

14 (c) RETROACTIVITY.—This section shall not apply to

15 any contract described in subsection (a) in effect as of the

16 date of the enactment of this Act.

17 SEC. 502. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE

18 IN EXPERIMENTAL PERSONNEL PROGRAM

19 FOR CERTAIN SCIENTIFIC AND TECHNICAL

20 PERSONNEL.

21 If the Director of Central Intelligence requests that

22 the Secretary of Defense exercise any authority available

23 to the Secretary under section 1101(b) of the Strom Thur24 mond National Defense Authorization Act for Fiscal Year

25 1999 (Public Law 105–261; 5 U.S.C. 3104 note) to carry
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1 out a program of special personnel management authority

2 at the National Imagery and Mapping Agency and the Na3 tional Security Agency in order to facilitate recruitment

4 of eminent experts in science and engineering at such

5 agencies, the Secretary shall respond to such request not

6 later than 30 days after the date of such request.

7 SEC. 503. MEASUREMENT AND SIGNATURE INTELLIGENCE.

8 (a) STUDY OF OPTIONS.—The Director of Central

9 Intelligence shall, in coordination with the Secretary of

10 Defense, conduct a study of the utility and feasibility of

11 various options for improving the management and orga12 nization of measurement and signature intelligence,

13 including—

14 (1) the option of establishing a centralized

15 tasking, processing, exploitation, and dissemination

16 facility for measurement and signature intelligence;

17 (2) options for recapitalizing and reconfiguring

18 the current systems for measurement and signature

19 intelligence; and

20 (3) the operation and maintenance costs of the

21 various options.

22 (b) REPORT.—Not later than April 1, 2001, the Di23 rector and the Secretary shall jointly submit to the appro24 priate committees of Congress a report on their findings

25 as a result of the study required by subsection (a). The
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1 report shall set forth any recommendations that the Direc2 tor and the Secretary consider appropriate.

3 (c) APPROPRIATE COMMITTEES OF CONGRESS DE4 FINED.—In this section, the term ‘‘appropriate commit5 tees of Congress’’ means the following:

6 (1) The Committee on Armed Services and the

7 Select Committee on Intelligence of the Senate.

8 (2) The Committee on Armed Services and the

9 Permanent Select Committee on Intelligence of the

10 House of Representatives.

11 TITLE VI—COUNTERINTEL12 LIGENCE MATTERS

13 SEC. 601. SHORT TITLE.

14 This title may be cited as the ‘‘Counterintelligence

15 Reform Act of 2000’’.

16 SEC. 602. ORDERS FOR ELECTRONIC SURVEILLANCE

17 UNDER THE FOREIGN INTELLIGENCE SUR18 VEILLANCE ACT OF 1978.

19 (a) REQUIREMENTS REGARDING CERTAIN APPLICA20 TIONS.—Section 104 of the Foreign Intelligence Surveil21 lance Act of 1978 (50 U.S.C. 1804) is amended by adding

22 at the end the following new subsection:

23 ‘‘(e)(1)(A) Upon written request of the Director of

24 the Federal Bureau of Investigation, the Secretary of De25 fense, the Secretary of State, or the Director of Central
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1 Intelligence, the Attorney General shall personally review

2 under subsection (a) an application under that subsection

3 for a target described in section 101(b)(2).

4 ‘‘(B) Except when disabled or otherwise unavailable

5 to make a request referred to in subparagraph (A), an

6 official referred to in that subparagraph may not delegate

7 the authority to make a request referred to in that sub8 paragraph.

9 ‘‘(C) Each official referred to in subparagraph (A)

10 with authority to make a request under that subparagraph

11 shall take appropriate actions in advance to ensure that

12 delegation of such authority is clearly established in the

13 event such official is disabled or otherwise unavailable to

14 make such request.

15 ‘‘(2)(A) If as a result of a request under paragraph

16 (1) the Attorney General determines not to approve an

17 application under the second sentence of subsection (a) for

18 purposes of making the application under this section, the

19 Attorney General shall provide written notice of the deter20 mination to the official making the request for the review

21 of the application under that paragraph. Except when dis22 abled or otherwise unavailable to make a determination

23 under the preceding sentence, the Attorney General may

24 not delegate the responsibility to make a determination

25 under that sentence. The Attorney General shall take ap-
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•HR 5630 CPH

1 propriate actions in advance to ensure that delegation of

2 such responsibility is clearly established in the event the

3 Attorney General is disabled or otherwise unavailable to

4 make such determination.

5 ‘‘(B) Notice with respect to an application under sub6 paragraph (A) shall set forth the modifications, if any, of

7 the application that are necessary in order for the Attor8 ney General to approve the application under the second

9 sentence of subsection (a) for purposes of making the ap10 plication under this section.

11 ‘‘(C) Upon review of any modifications of an applica12 tion set forth under subparagraph (B), the official notified

13 of the modifications under this paragraph shall modify the

14 application if such official determines that such modifica15 tion is warranted. Such official shall supervise the making

16 of any modification under this subparagraph. Except when

17 disabled or otherwise unavailable to supervise the making

18 of any modification under the preceding sentence, such of19 ficial may not delegate the responsibility to supervise the

20 making of any modification under that preceding sentence.

21 Each such official shall take appropriate actions in ad22 vance to ensure that delegation of such responsibility is

23 clearly established in the event such official is disabled or

24 otherwise unavailable to supervise the making of such

25 modification.’’.
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1 (b) PROBABLE CAUSE.—Section 105 of that Act (50

2 U.S.C. 1805) is amended—

3 (1) by redesignating subsections (b), (c), (d),

4 (e), (f ), and (g) as subsections (c), (d), (e), (f ), (g),

5 and (h), respectively;

6 (2) by inserting after subsection (a) the fol7 lowing new subsection (b):

8 ‘‘(b) In determining whether or not probable cause

9 exists for purposes of an order under subsection (a)(3),

10 a judge may consider past activities of the target, as well

11 as facts and circumstances relating to current or future

12 activities of the target.’’; and

13 (3) in subsection (d), as redesignated by para14 graph (1), by striking ‘‘subsection (b)(1)’’ and in15 serting ‘‘subsection (c)(1)’’.

16 SEC. 603. ORDERS FOR PHYSICAL SEARCHES UNDER THE

17 FOREIGN INTELLIGENCE SURVEILLANCE ACT

18 OF 1978.

19 (a) REQUIREMENTS REGARDING CERTAIN APPLICA20 TIONS.—Section 303 of the Foreign Intelligence Surveil21 lance Act of 1978 (50 U.S.C. 1823) is amended by adding

22 at the end the following new subsection:

23 ‘‘(d)(1)(A) Upon written request of the Director of

24 the Federal Bureau of Investigation, the Secretary of De25 fense, the Secretary of State, or the Director of Central
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•HR 5630 CPH

1 Intelligence, the Attorney General shall personally review

2 under subsection (a) an application under that subsection

3 for a target described in section 101(b)(2).

4 ‘‘(B) Except when disabled or otherwise unavailable

5 to make a request referred to in subparagraph (A), an

6 official referred to in that subparagraph may not delegate

7 the authority to make a request referred to in that sub8 paragraph.

9 ‘‘(C) Each official referred to in subparagraph (A)

10 with authority to make a request under that subparagraph

11 shall take appropriate actions in advance to ensure that

12 delegation of such authority is clearly established in the

13 event such official is disabled or otherwise unavailable to

14 make such request.

15 ‘‘(2)(A) If as a result of a request under paragraph

16 (1) the Attorney General determines not to approve an

17 application under the second sentence of subsection (a) for

18 purposes of making the application under this section, the

19 Attorney General shall provide written notice of the deter20 mination to the official making the request for the review

21 of the application under that paragraph. Except when dis22 abled or otherwise unavailable to make a determination

23 under the preceding sentence, the Attorney General may

24 not delegate the responsibility to make a determination

25 under that sentence. The Attorney General shall take ap-
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•HR 5630 CPH

1 propriate actions in advance to ensure that delegation of

2 such responsibility is clearly established in the event the

3 Attorney General is disabled or otherwise unavailable to

4 make such determination.

5 ‘‘(B) Notice with respect to an application under sub6 paragraph (A) shall set forth the modifications, if any, of

7 the application that are necessary in order for the Attor8 ney General to approve the application under the second

9 sentence of subsection (a) for purposes of making the ap10 plication under this section.

11 ‘‘(C) Upon review of any modifications of an applica12 tion set forth under subparagraph (B), the official notified

13 of the modifications under this paragraph shall modify the

14 application if such official determines that such modifica15 tion is warranted. Such official shall supervise the making

16 of any modification under this subparagraph. Except when

17 disabled or otherwise unavailable to supervise the making

18 of any modification under the preceding sentence, such of19 ficial may not delegate the responsibility to supervise the

20 making of any modification under that preceding sentence.

21 Each such official shall take appropriate actions in ad22 vance to ensure that delegation of such responsibility is

23 clearly established in the event such official is disabled or

24 otherwise unavailable to supervise the making of such

25 modification.’’.
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1 (b) PROBABLE CAUSE.—Section 304 of that Act (50

2 U.S.C. 1824) is amended—

3 (1) by redesignating subsections (b), (c), (d),

4 and (e) as subsections (c), (d), (e), and (f ), respec5 tively; and

6 (2) by inserting after subsection (a) the fol7 lowing new subsection (b):

8 ‘‘(b) In determining whether or not probable cause

9 exists for purposes of an order under subsection (a)(3),

10 a judge may consider past activities of the target, as well

11 as facts and circumstances relating to current or future

12 activities of the target.’’.

13 SEC. 604. DISCLOSURE OF INFORMATION ACQUIRED

14 UNDER THE FOREIGN INTELLIGENCE SUR15 VEILLANCE ACT OF 1978 FOR LAW ENFORCE16 MENT PURPOSES.

17 (a) INCLUSION OF INFORMATION ON DISCLOSURE IN

18 SEMIANNUAL OVERSIGHT REPORT.—Section 108(a) of

19 the Foreign Intelligence Surveillance Act of 1978 (50

20 U.S.C. 1808(a)) is amended—

21 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

22 (2) by adding at the end the following new

23 paragraph:

24 ‘‘(2) Each report under the first sentence of para25 graph (1) shall include a description of—
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1 ‘‘(A) each criminal case in which information

2 acquired under this Act has been passed for law en3 forcement purposes during the period covered by

4 such report; and

5 ‘‘(B) each criminal case in which information

6 acquired under this Act has been authorized for use

7 at trial during such reporting period.’’.

8 (b) REPORT ON MECHANISMS FOR DETERMINATIONS

9 OF DISCLOSURE OF INFORMATION FOR LAW ENFORCE10 MENT PURPOSES.—(1) The Attorney General shall submit

11 to the appropriate committees of Congress a report on the

12 authorities and procedures utilized by the Department of

13 Justice for determining whether or not to disclose infor14 mation acquired under the Foreign Intelligence Surveil15 lance Act of 1978 (50 U.S.C. 1801 et seq.) for law en16 forcement purposes.

17 (2) In this subsection, the term ‘‘appropriate commit18 tees of Congress’’ means the following:

19 (A) The Select Committee on Intelligence and

20 the Committee on the Judiciary of the Senate.

21 (B) The Permanent Select Committee on Intel22 ligence and the Committee on the Judiciary of the

23 House of Representatives.
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1 SEC. 605. COORDINATION OF COUNTERINTELLIGENCE

2 WITH THE FEDERAL BUREAU OF INVESTIGA3 TION.

4 (a) TREATMENT OF CERTAIN SUBJECTS OF INVES5 TIGATION.—Subsection (c) of section 811 of the Intel6 ligence Authorization Act for Fiscal Year 1995 (50 U.S.C.

7 402a) is amended—

8 (1) in paragraphs (1) and (2), by striking

9 ‘‘paragraph (3)’’ and inserting ‘‘paragraph (5)’’;

10 (2) by redesignating paragraphs (3), (4), (5),

11 and (6) as paragraphs (5), (6), (7), and (8), respec12 tively;

13 (3) by inserting after paragraph (2) the fol14 lowing new paragraph (3):

15 ‘‘(3)(A) The Director of the Federal Bureau of Inves16 tigation shall submit to the head of the department or

17 agency concerned a written assessment of the potential im18 pact of the actions of the department or agency on a coun19 terintelligence investigation.

20 ‘‘(B) The head of the department or agency con21 cerned shall—

22 ‘‘(i) use an assessment under subparagraph (A)

23 as an aid in determining whether, and under what

24 circumstances, the subject of an investigation under

25 paragraph (1) should be left in place for investiga26 tive purposes; and
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1 ‘‘(ii) notify in writing the Director of the Fed2 eral Bureau of Investigation of such determination.

3 ‘‘(C) The Director of the Federal Bureau of Inves4 tigation and the head of the department or agency con5 cerned shall continue to consult, as appropriate, to review

6 the status of an investigation covered by this paragraph,

7 and to reassess, as appropriate, a determination of the

8 head of the department or agency concerned to leave a

9 subject in place for investigative purposes.’’; and

10 (4) in paragraph (5), as so redesignated, by

11 striking ‘‘paragraph (1) or (2)’’ and inserting ‘‘para12 graph (1), (2), or (3)’’.

13 (b) TIMELY PROVISION OF INFORMATION AND CON14 SULTATION ON ESPIONAGE INVESTIGATIONS.—Paragraph

15 (2) of that subsection is further amended—

16 (1) by inserting ‘‘in a timely manner’’ after

17 ‘‘through appropriate channels’’; and

18 (2) by inserting ‘‘in a timely manner’’ after

19 ‘‘are consulted’’.

20 (c) INTERFERENCE WITH FULL FIELD ESPIONAGE

21 INVESTIGATIONS.—That subsection is further amended by

22 inserting after paragraph (3), as amended by subsection

23 (a) of this section, the following new paragraph (4):

24 ‘‘(4)(A) The Federal Bureau of Investigation shall

25 notify appropriate officials within the executive branch, in-
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1 cluding the head of the department or agency concerned,

2 of the commencement of a full field espionage investiga3 tion with respect to an employee within the executive

4 branch.

5 ‘‘(B) A department or agency may not conduct a

6 polygraph examination, interrogate, or otherwise take any

7 action that is likely to alert an employee covered by a no8 tice under subparagraph (A) of an investigation described

9 in that subparagraph without prior coordination and con10 sultation with the Federal Bureau of Investigation.’’.

11 SEC. 606. ENHANCING PROTECTION OF NATIONAL SECU12 RITY AT THE DEPARTMENT OF JUSTICE.

13 (a) AUTHORIZATION FOR INCREASED RESOURCES TO

14 FULFILL NATIONAL SECURITY MISSION OF THE DEPART15 MENT OF JUSTICE.—There are authorized to be appro16 priated to the Department of Justice for the activities of

17 the Office of Intelligence Policy and Review to help meet

18 the increased personnel demands to combat terrorism,

19 process applications to the Foreign Intelligence Surveil20 lance Court, participate effectively in counter-espionage

21 investigations, provide policy analysis on national security

22 issues, and enhance secure computer and telecommuni23 cations facilities—

24 (1) $7,000,000 for fiscal year 2001;

25 (2) $7,500,000 for fiscal year 2002; and
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1 (3) $8,000,000 for fiscal year 2003.

2 (b) AVAILABILITY OF FUNDS.—(1) No funds author3 ized to be appropriated by subsection (a) for the Office

4 of Intelligence Policy and Review for fiscal years 2002 and

5 2003 may be obligated or expended until the date on

6 which the Attorney General submits the report required

7 by paragraph (2) for the year involved.

8 (2)(A) The Attorney General shall submit to the com9 mittees of Congress specified in subparagraph (B) an an10 nual report on the manner in which the funds authorized

11 to be appropriated by subsection (a) for the Office of Intel12 ligence Policy and Review will be used by that Office—

13 (i) to improve and strengthen its oversight of

14 Federal Bureau of Investigation field offices in the

15 implementation of orders under the Foreign Intel16 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et

17 seq.); and

18 (ii) to streamline and increase the efficiency of

19 the application process under that Act.

20 (B) The committees of Congress referred to in this

21 subparagraph are the following:

22 (i) The Select Committee on Intelligence and

23 the Committee on the Judiciary of the Senate.
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1 (ii) The Permanent Select Committee on Intel2 ligence and the Committee on the Judiciary of the

3 House of Representatives.

4 (3) In addition to the report required by paragraph

5 (2), the Attorney General shall also submit to the Select

6 Committee on Intelligence of the Senate and the Perma7 nent Select Committee on Intelligence of the House of

8 Representatives a report that addresses the issues identi9 fied in the semiannual report of the Attorney General to

10 such committees under section 108(a) of the Foreign In11 telligence Surveillance Act of 1978 (50 U.S.C. 1808(a))

12 that was submitted in April 2000, including any corrective

13 actions with regard to such issues. The report under this

14 paragraph shall be submitted in classified form.

15 (4) Funds made available pursuant to subsection (a),

16 in any fiscal year, shall remain available until expended.

17 (c) REPORT ON COORDINATING NATIONAL SECURITY

18 AND INTELLIGENCE FUNCTIONS WITHIN THE DEPART19 MENT OF JUSTICE.—The Attorney General shall report to

20 the committees of Congress specified in subsection

21 (b)(2)(B) within 120 days on actions that have been or

22 will be taken by the Department to—

23 (1) promote quick and efficient responses to na24 tional security issues;
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1 (2) centralize a point-of-contact within the De2 partment on national security matters for external

3 entities and agencies; and

4 (3) coordinate the dissemination of intelligence

5 information within the appropriate components of

6 the Department and the formulation of policy on na7 tional security issues.

8 SEC. 607. COORDINATION REQUIREMENTS RELATING TO

9 THE PROSECUTION OF CASES INVOLVING

10 CLASSIFIED INFORMATION.

11 The Classified Information Procedures Act (18

12 U.S.C. App.) is amended by inserting after section 9 the

13 following new section:

14 ‘‘COORDINATION REQUIREMENTS RELATING TO THE

15 PROSECUTION OF CASES INVOLVING CLASSIFIED IN16 FORMATION

17 ‘‘SEC. 9A. (a) BRIEFINGS REQUIRED.—The Assist18 ant Attorney General for the Criminal Division and the

19 appropriate United States attorney, or the designees of

20 such officials, shall provide briefings to the senior agency

21 official, or the designee of such official, with respect to

22 any case involving classified information that originated

23 in the agency of such senior agency official.

24 ‘‘(b) TIMING OF BRIEFINGS.—Briefings under sub25 section (a) with respect to a case shall occur—
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1 ‘‘(1) as soon as practicable after the Depart2 ment of Justice and the United States attorney con3 cerned determine that a prosecution or potential

4 prosecution could result; and

5 ‘‘(2) at such other times thereafter as are nec6 essary to keep the senior agency official concerned

7 fully and currently informed of the status of the

8 prosecution.

9 ‘‘(c) SENIOR AGENCY OFFICIAL DEFINED.—In this

10 section, the term ‘senior agency official’ has the meaning

11 given that term in section 1.1 of Executive Order No.

12 12958.’’.

13 SEC. 608. SEVERABILITY.

14 If any provision of this title (including an amendment

15 made by this title), or the application thereof, to any per16 son or circumstance, is held invalid, the remainder of this

17 title (including the amendments made by this title), and

18 the application thereof, to other persons or circumstances

19 shall not be affected thereby.

20 TITLE VII—DECLASSIFICATION

21 OF INFORMATION

22 SEC. 701. SHORT TITLE.

23 This title may be cited as the ‘‘Public Interest Declas24 sification Act of 2000’’.
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1 SEC. 702. FINDINGS.

2 Congress makes the following findings:

3 (1) It is in the national interest to establish an

4 effective, coordinated, and cost-effective means by

5 which records on specific subjects of extraordinary

6 public interest that do not undermine the national

7 security interests of the United States may be col8 lected, retained, reviewed, and disseminated to Con9 gress, policymakers in the executive branch, and the

10 public.

11 (2) Ensuring, through such measures, public

12 access to information that does not require contin13 ued protection to maintain the national security in14 terests of the United States is a key to striking the

15 balance between secrecy essential to national secu16 rity and the openness that is central to the proper

17 functioning of the political institutions of the United

18 States.

19 SEC. 703. PUBLIC INTEREST DECLASSIFICATION BOARD.

20 (a) ESTABLISHMENT.—There is established within

21 the executive branch of the United States a board to be

22 known as the ‘‘Public Interest Declassification Board’’ (in

23 this title referred to as the ‘‘Board’’).

24 (b) PURPOSES.—The purposes of the Board are as

25 follows:
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1 (1) To advise the President, the Assistant to

2 the President for National Security Affairs, the Di3 rector of the Office of Management and Budget, and

4 such other executive branch officials as the Board

5 considers appropriate on the systematic, thorough,

6 coordinated, and comprehensive identification, collec7 tion, review for declassification, and release to Con8 gress, interested agencies, and the public of declas9 sified records and materials (including donated his10 torical materials) that are of archival value, includ11 ing records and materials of extraordinary public in12 terest.

13 (2) To promote the fullest possible public access

14 to a thorough, accurate, and reliable documentary

15 record of significant United States national security

16 decisions and significant United States national se17 curity activities in order to—

18 (A) support the oversight and legislative

19 functions of Congress;

20 (B) support the policymaking role of the

21 executive branch;

22 (C) respond to the interest of the public in

23 national security matters; and
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1 (D) promote reliable historical analysis and

2 new avenues of historical study in national se3 curity matters.

4 (3) To provide recommendations to the Presi5 dent for the identification, collection, and review for

6 declassification of information of extraordinary pub7 lic interest that does not undermine the national se8 curity of the United States, to be undertaken in ac9 cordance with a declassification program that has

10 been established or may be established by the Presi11 dent by Executive order.

12 (4) To advise the President, the Assistant to

13 the President for National Security Affairs, the Di14 rector of the Office of Management and Budget, and

15 such other executive branch officials as the Board

16 considers appropriate on policies deriving from the

17 issuance by the President of Executive orders re18 garding the classification and declassification of na19 tional security information.

20 (c) MEMBERSHIP.—(1) The Board shall be composed

21 of nine individuals appointed from among citizens of the

22 United States who are preeminent in the fields of history,

23 national security, foreign policy, intelligence policy, social

24 science, law, or archives, including individuals who have

25 served in Congress or otherwise in the Federal Govern-
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1 ment or have otherwise engaged in research, scholarship,

2 or publication in such fields on matters relating to the na3 tional security of the United States, of whom—

4 (A) five shall be appointed by the President;

5 (B) one shall be appointed by the Speaker of

6 the House of Representatives;

7 (C) one shall be appointed by the majority lead8 er of the Senate;

9 (D) one shall be appointed by the minority lead10 er of the Senate; and

11 (E) one shall be appointed by the minority lead12 er of the House of Representatives.

13 (2)(A) Of the members initially appointed to the

14 Board by the President—

15 (i) three shall be appointed for a term of 4

16 years;

17 (ii) one shall be appointed for a term of 3

18 years; and

19 (iii) one shall be appointed for a term of 2

20 years.

21 (B) The members initially appointed to the Board by

22 the Speaker of the House of Representatives or by the ma23 jority leader of the Senate shall be appointed for a term

24 of 3 years.
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1 (C) The members initially appointed to the Board by

2 the minority leader of the House of Representatives or the

3 Senate shall be appointed for a term of 2 years.

4 (D) Any subsequent appointment to the Board shall

5 be for a term of 3 years.

6 (3) A vacancy in the Board shall be filled in the same

7 manner as the original appointment. A member of the

8 Board appointed to fill a vacancy before the expiration of

9 a term shall serve for the remainder of the term.

10 (4) A member of the Board may be appointed to a

11 new term on the Board upon the expiration of the mem12 ber’s term on the Board, except that no member may serve

13 more than three full terms on the Board.

14 (d) CHAIRPERSON; EXECUTIVE SECRETARY.—(1)(A)

15 The President shall designate one of the members of the

16 Board as the Chairperson of the Board.

17 (B) The term of service as Chairperson of the Board

18 shall be 2 years.

19 (C) A member serving as Chairperson of the Board

20 may be redesignated as Chairperson of the Board upon

21 the expiration of the member’s term as Chairperson of the

22 Board, except that no member shall serve as Chairperson

23 of the Board for more than 6 years.
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1 (2) The Director of the Information Security Over2 sight Office shall serve as the Executive Secretary of the

3 Board.

4 (e) MEETINGS.—The Board shall meet as needed to

5 accomplish its mission, consistent with the availability of

6 funds. A majority of the members of the Board shall con7 stitute a quorum.

8 (f ) STAFF.—Any employee of the Federal Govern9 ment may be detailed to the Board, with the agreement

10 of and without reimbursement to the detailing agency, and

11 such detail shall be without interruption or loss of civil,

12 military, or foreign service status or privilege.

13 (g) SECURITY.—(1) The members and staff of the

14 Board shall, as a condition of appointment to or employ15 ment with the Board, hold appropriate security clearances

16 for access to the classified records and materials to be re17 viewed by the Board or its staff, and shall follow the guid18 ance and practices on security under applicable Executive

19 orders and Presidential or agency directives.

20 (2) The head of an agency shall, as a condition of

21 granting access to a member of the Board, the Executive

22 Secretary of the Board, or a member of the staff of the

23 Board to classified records or materials of the agency

24 under this title, require the member, the Executive Sec-
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1 retary, or the member of the staff, as the case may be,

2 to—

3 (A) execute an agreement regarding the secu4 rity of such records or materials that is approved by

5 the head of the agency; and

6 (B) hold an appropriate security clearance

7 granted or recognized under the standard procedures

8 and eligibility criteria of the agency, including any

9 special access approval required for access to such

10 records or materials.

11 (3) The members of the Board, the Executive Sec12 retary of the Board, and the members of the staff of the

13 Board may not use any information acquired in the course

14 of their official activities on the Board for nonofficial pur15 poses.

16 (4) For purposes of any law or regulation governing

17 access to classified information that pertains to the na18 tional security of the United States, and subject to any

19 limitations on access arising under section 706(b), and to

20 facilitate the advisory functions of the Board under this

21 title, a member of the Board seeking access to a record

22 or material under this title shall be deemed for purposes

23 of this subsection to have a need to know the contents

24 of the record or material.
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1 (h) COMPENSATION.—(1) Each member of the Board

2 shall receive compensation at a rate not to exceed the daily

3 equivalent of the annual rate of basic pay payable for posi4 tions at ES–1 of the Senior Executive Service under sec5 tion 5382 of title 5, United States Code, for each day such

6 member is engaged in the actual performance of duties

7 of the Board.

8 (2) Members of the Board shall be allowed travel ex9 penses, including per diem in lieu of subsistence at rates

10 authorized for employees of agencies under subchapter I

11 of chapter 57 of title 5, United States Code, while away

12 from their homes or regular places of business in the per13 formance of the duties of the Board.

14 (i) GUIDANCE; ANNUAL BUDGET.—(1) On behalf of

15 the President, the Assistant to the President for National

16 Security Affairs shall provide guidance on policy to the

17 Board.

18 (2) The Executive Secretary of the Board, under the

19 direction of the Chairperson of the Board and the Board,

20 and acting in consultation with the Archivist of the United

21 States, the Assistant to the President for National Secu22 rity Affairs, and the Director of the Office of Management

23 and Budget, shall prepare the annual budget of the Board.

24 ( j) SUPPORT.—The Information Security Oversight

25 Office may support the activities of the Board under this
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1 title. Such support shall be provided on a reimbursable

2 basis.

3 (k) PUBLIC AVAILABILITY OF RECORDS AND RE4 PORTS.—(1) The Board shall make available for public in5 spection records of its proceedings and reports prepared

6 in the course of its activities under this title to the extent

7 such records and reports are not classified and would not

8 be exempt from release under the provisions of section 552

9 of title 5, United States Code.

10 (2) In making records and reports available under

11 paragraph (1), the Board shall coordinate the release of

12 such records and reports with appropriate officials from

13 agencies with expertise in classified information in order

14 to ensure that such records and reports do not inadvert15 ently contain classified information.

16 (l) APPLICABILITY OF CERTAIN ADMINISTRATIVE

17 LAWS.—The provisions of the Federal Advisory Com18 mittee Act (5 U.S.C. App.) shall not apply to the activities

19 of the Board under this title. However, the records of the

20 Board shall be governed by the provisions of the Federal

21 Records Act of 1950.
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1 SEC. 704. IDENTIFICATION, COLLECTION, AND REVIEW FOR

2 DECLASSIFICATION OF INFORMATION OF AR3 CHIVAL VALUE OR EXTRAORDINARY PUBLIC

4 INTEREST.

5 (a) BRIEFINGS ON AGENCY DECLASSIFICATION PRO6 GRAMS.—(1) As requested by the Board, or by the Select

7 Committee on Intelligence of the Senate or the Permanent

8 Select Committee on Intelligence of the House of Rep9 resentatives, the head of any agency with the authority

10 under an Executive order to classify information shall pro11 vide to the Board, the Select Committee on Intelligence

12 of the Senate, or the Permanent Select Committee on In13 telligence of the House of Representatives, on an annual

14 basis, a summary briefing and report on such agency’s

15 progress and plans in the declassification of national secu16 rity information. Such briefing shall cover the declassifica17 tion goals set by statute, regulation, or policy, the agency’s

18 progress with respect to such goals, and the agency’s

19 planned goals and priorities for its declassification activi20 ties over the next 2 fiscal years. Agency briefings and re21 ports shall give particular attention to progress on the de22 classification of records and materials that are of archival

23 value or extraordinary public interest to the people of the

24 United States.

25 (2)(A) The annual briefing and report under para26 graph (1) for agencies within the Department of Defense,
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1 including the military departments and the elements of the

2 intelligence community, shall be provided on a consoli3 dated basis.

4 (B) In this paragraph, the term ‘‘elements of the in5 telligence community’’ means the elements of the intel6 ligence community specified or designated under section

7 3(4) of the National Security Act of 1947 (50 U.S.C.

8 401a(4)).

9 (b) RECOMMENDATIONS ON AGENCY DECLASSIFICA10 TION PROGRAMS.—(1) Upon reviewing and discussing de11 classification plans and progress with an agency, the

12 Board shall provide to the head of the agency the written

13 recommendations of the Board as to how the agency’s de14 classification program could be improved. A copy of each

15 recommendation shall also be submitted to the Assistant

16 to the President for National Security Affairs and the Di17 rector of the Office of Management and Budget.

18 (2) Consistent with the provisions of section 703(k),

19 the Board’s recommendations to the head of an agency

20 under paragraph (1) shall become public 60 days after

21 such recommendations are sent to the head of the agency

22 under that paragraph.

23 (c) RECOMMENDATIONS ON SPECIAL SEARCHES FOR

24 RECORDS OF EXTRAORDINARY PUBLIC INTEREST.—(1)

25 The Board shall also make recommendations to the Presi-
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1 dent regarding proposed initiatives to identify, collect, and

2 review for declassification classified records and materials

3 of extraordinary public interest.

4 (2) In making recommendations under paragraph

5 (1), the Board shall consider the following:

6 (A) The opinions and requests of Members of

7 Congress, including opinions and requests expressed

8 or embodied in letters or legislative proposals.

9 (B) The opinions and requests of the National

10 Security Council, the Director of Central Intel11 ligence, and the heads of other agencies.

12 (C) The opinions of United States citizens.

13 (D) The opinions of members of the Board.

14 (E) The impact of special searches on system15 atic and all other on-going declassification programs.

16 (F) The costs (including budgetary costs) and

17 the impact that complying with the recommenda18 tions would have on agency budgets, programs, and

19 operations.

20 (G) The benefits of the recommendations.

21 (H) The impact of compliance with the rec22 ommendations on the national security of the United

23 States.

24 (d) PRESIDENT’S DECLASSIFICATION PRIORITIES.—

25 (1) Concurrent with the submission to Congress of the
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1 budget of the President each fiscal year under section

2 1105 of title 31, United States Code, the Director of the

3 Office of Management and Budget shall publish a descrip4 tion of the President’s declassification program and prior5 ities, together with a listing of the funds requested to im6 plement that program.

7 (2) Nothing in this title shall be construed to sub8 stitute or supersede, or establish a funding process for,

9 any declassification program that has been established or

10 may be established by the President by Executive order.

11 SEC. 705. PROTECTION OF NATIONAL SECURITY INFORMA12 TION AND OTHER INFORMATION.

13 (a) IN GENERAL.—Nothing in this title shall be con14 strued to limit the authority of the head of an agency to

15 classify information or to continue the classification of in16 formation previously classified by that agency.

17 (b) SPECIAL ACCESS PROGRAMS.—Nothing in this

18 title shall be construed to limit the authority of the head

19 of an agency to grant or deny access to a special access

20 program.

21 (c) AUTHORITIES OF DIRECTOR OF CENTRAL INTEL22 LIGENCE.—Nothing in this title shall be construed to limit

23 the authorities of the Director of Central Intelligence as

24 the head of the intelligence community, including the Di25 rector’s responsibility to protect intelligence sources and
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1 methods from unauthorized disclosure as required by sec2 tion 103(c)(6) of the National Security Act of 1947 (50

3 U.S.C. 403–3(c)(6)).

4 (d) EXEMPTIONS TO RELEASE OF INFORMATION.—

5 Nothing in this title shall be construed to limit any exemp6 tion or exception to the release to the public under this

7 title of information that is protected under subsection (b)

8 of section 552 of title 5, United States Code (commonly

9 referred to as the ‘‘Freedom of Information Act’’), or sec10 tion 552a of title 5, United States Code (commonly re11 ferred to as the ‘‘Privacy Act’’).

12 (e) WITHHOLDING INFORMATION FROM CON13 GRESS.—Nothing in this title shall be construed to author14 ize the withholding of information from Congress.

15 SEC. 706. STANDARDS AND PROCEDURES.

16 (a) LIAISON.—(1) The head of each agency with the

17 authority under an Executive order to classify information

18 and the head of each Federal Presidential library shall

19 designate an employee of such agency or library to act

20 as liaison to the Board for purposes of this title.

21 (2) The Board may establish liaison and otherwise

22 consult with such other historical and advisory committees

23 as the Board considers appropriate for purposes of this

24 title.
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1 (b) LIMITATIONS ON ACCESS.—(1)(A) Except as pro2 vided in paragraph (2), if the head of an agency or the

3 head of a Federal Presidential library determines it nec4 essary to deny or restrict access of the Board, or of the

5 agency or library liaison to the Board, to information con6 tained in a record or material, in whole or in part, the

7 head of the agency or the head of the library shall prompt8 ly notify the Board in writing of such determination.

9 (B) Each notice to the Board under subparagraph

10 (A) shall include a description of the nature of the records

11 or materials, and a justification for the determination, cov12 ered by such notice.

13 (2) In the case of a determination referred to in para14 graph (1) with respect to a special access program created

15 by the Secretary of Defense, the Director of Central Intel16 ligence, or the head of any other agency, the notification

17 of denial of access under paragraph (1), including a de18 scription of the nature of the Board’s request for access,

19 shall be submitted to the Assistant to the President for

20 National Security Affairs rather than to the Board.

21 (c) DISCRETION TO DISCLOSE.—At the conclusion of

22 a declassification review, the head of an agency may, in

23 the discretion of the head of the agency, determine that

24 the public’s interest in the disclosure of records or mate25 rials of the agency covered by such review, and still prop-
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1 erly classified, outweighs the Government’s need to protect

2 such records or materials, and may release such records

3 or materials in accordance with the provisions of Executive

4 Order No. 12958 or any successor order to such Executive

5 order.

6 (d) DISCRETION TO PROTECT.—At the conclusion of

7 a declassification review, the head of an agency may, in

8 the discretion of the head of the agency, determine that

9 the interest of the agency in the protection of records or

10 materials of the agency covered by such review, and still

11 properly classified, outweighs the public’s need for access

12 to such records or materials, and may deny release of such

13 records or materials in accordance with the provisions of

14 Executive Order No. 12958 or any successor order to such

15 Executive order.

16 (e) REPORTS.—(1)(A) Except as provided in para17 graph (2), the Board shall annually submit to the appro18 priate congressional committees a report on the activities

19 of the Board under this title, including summary informa20 tion regarding any denials to the Board by the head of

21 an agency or the head of a Federal Presidential library

22 of access to records or materials under this title.

23 (B) In this paragraph, the term ‘‘appropriate con24 gressional committees’’ means the Select Committee on

25 Intelligence and the Committee on Governmental Affairs
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1 of the Senate and the Permanent Select Committee on In2 telligence and the Committee on Government Reform of

3 the House of Representatives.

4 (2) Notwithstanding paragraph (1), notice that the

5 Board has been denied access to records and materials,

6 and a justification for the determination in support of the

7 denial, shall be submitted by the agency denying the ac8 cess as follows:

9 (A) In the case of the denial of access to a spe10 cial access program created by the Secretary of De11 fense, to the Committees on Armed Services and Ap12 propriations of the Senate and to the Committees on

13 Armed Services and Appropriations of the House of

14 Representatives.

15 (B) In the case of the denial of access to a spe16 cial access program created by the Director of Cen17 tral Intelligence, or by the head of any other agency

18 (including the Department of Defense) if the special

19 access program pertains to intelligence activities, or

20 of access to any information and materials relating

21 to intelligence sources and methods, to the Select

22 Committee on Intelligence of the Senate and the

23 Permanent Select Committee on Intelligence of the

24 House of Representatives.
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1 (C) In the case of the denial of access to a spe2 cial access program created by the Secretary of En3 ergy or the Administrator for Nuclear Security, to

4 the Committees on Armed Services and Appropria5 tions and the Select Committee on Intelligence of

6 the Senate and to the Committees on Armed Serv7 ices and Appropriations and the Permanent Select

8 Committee on Intelligence of the House of Rep9 resentatives.

10 SEC. 707. JUDICIAL REVIEW.

11 Nothing in this title limits the protection afforded to

12 any information under any other provision of law. This

13 title is not intended and may not be construed to create

14 any right or benefit, substantive or procedural, enforceable

15 against the United States, its agencies, its officers, or its

16 employees. This title does not modify in any way the sub17 stantive criteria or procedures for the classification of in18 formation, nor does this title create any right or benefit

19 subject to judicial review.

20 SEC. 708. FUNDING.

21 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

22 hereby authorized to be appropriated to carry out the pro23 visions of this title amounts as follows:

24 (1) For fiscal year 2001, $650,000.
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1 (2) For each fiscal year after fiscal year 2001,

2 such sums as may be necessary for such fiscal year.

3 (b) FUNDING REQUESTS.—The President shall in4 clude in the budget submitted to Congress for each fiscal

5 year under section 1105 of title 31, United States Code,

6 a request for amounts for the activities of the Board under

7 this title during such fiscal year.

8 SEC. 709. DEFINITIONS.

9 In this title:

10 (1) AGENCY.—(A) Except as provided in sub11 paragraph (B), the term ‘‘agency’’ means the fol12 lowing:

13 (i) An Executive agency, as that term is

14 defined in section 105 of title 5, United States

15 Code.

16 (ii) A military department, as that term is

17 defined in section 102 of such title.

18 (iii) Any other entity in the executive

19 branch that comes into the possession of classi20 fied information.

21 (B) The term does not include the Board.

22 (2) CLASSIFIED MATERIAL OR RECORD.—The

23 terms ‘‘classified material’’ and ‘‘classified record’’

24 include any correspondence, memorandum, book,

25 plan, map, drawing, diagram, pictorial or graphic
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1 work, photograph, film, microfilm, sound recording,

2 videotape, machine readable records, and other docu3 mentary material, regardless of physical form or

4 characteristics, that has been determined pursuant

5 to Executive order to require protection against un6 authorized disclosure in the interests of the national

7 security of the United States.

8 (3) DECLASSIFICATION.—The term ‘‘declas9 sification’’ means the process by which records or

10 materials that have been classified are determined

11 no longer to require protection from unauthorized

12 disclosure to protect the national security of the

13 United States.

14 (4) DONATED HISTORICAL MATERIAL.—The

15 term ‘‘donated historical material’’ means collections

16 of personal papers donated or given to a Federal

17 Presidential library or other archival repository

18 under a deed of gift or otherwise.

19 (5) FEDERAL PRESIDENTIAL LIBRARY.—The

20 term ‘‘Federal Presidential library’’ means a library

21 operated and maintained by the United States Gov22 ernment through the National Archives and Records

23 Administration under the applicable provisions of

24 the Federal Records Act of 1950.
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1 (6) NATIONAL SECURITY.—The term ‘‘national

2 security’’ means the national defense or foreign rela3 tions of the United States.

4 (7) RECORDS OR MATERIALS OF EXTRAOR5 DINARY PUBLIC INTEREST.—The term ‘‘records or

6 materials of extraordinary public interest’’ means

7 records or materials that—

8 (A) demonstrate and record the national

9 security policies, actions, and decisions of the

10 United States, including—

11 (i) policies, events, actions, and deci12 sions which led to significant national se13 curity outcomes; and

14 (ii) the development and evolution of

15 significant United States national security

16 policies, actions, and decisions;

17 (B) will provide a significantly different

18 perspective in general from records and mate19 rials publicly available in other historical

20 sources; and

21 (C) would need to be addressed through ad

22 hoc record searches outside any systematic de23 classification program established under Execu24 tive order.
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1 (8) RECORDS OF ARCHIVAL VALUE.—The term

2 ‘‘records of archival value’’ means records that have

3 been determined by the Archivist of the United

4 States to have sufficient historical or other value to

5 warrant their continued preservation by the Federal

6 Government.

7 SEC. 710. EFFECTIVE DATE; SUNSET.

8 (a) EFFECTIVE DATE.—This title shall take effect on

9 the date that is 120 days after the date of the enactment

10 of this Act.

11 (b) SUNSET.—The provisions of this title shall expire

12 4 years after the date of the enactment of this Act, unless

13 reauthorized by statute.

14 TITLE VIII—DISCLOSURE OF IN15 FORMATION ON JAPANESE

16 IMPERIAL GOVERNMENT

17 SEC. 801. SHORT TITLE.

18 This title may be cited as the ‘‘Japanese Imperial

19 Government Disclosure Act of 2000’’.

20 SEC. 802. DESIGNATION.

21 (a) DEFINITIONS.—In this section:

22 (1) AGENCY.—The term ‘‘agency’’ has the

23 meaning given such term under section 551 of title

24 5, United States Code.
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1 (2) INTERAGENCY GROUP.—The term ‘‘Inter2 agency Group’’ means the Nazi War Crimes and

3 Japanese Imperial Government Records Interagency

4 Working Group established under subsection (b).

5 (3) JAPANESE IMPERIAL GOVERNMENT

6 RECORDS.—The term ‘‘Japanese Imperial Govern7 ment records’’ means classified records or portions

8 of records that pertain to any person with respect to

9 whom the United States Government, in its sole dis10 cretion, has grounds to believe ordered, incited, as11 sisted, or otherwise participated in the experimen12 tation on, and persecution of, any person because of

13 race, religion, national origin, or political opinion,

14 during the period beginning September 18, 1931,

15 and ending on December 31, 1948, under the direc16 tion of, or in association with—

17 (A) the Japanese Imperial Government;

18 (B) any government in any area occupied

19 by the military forces of the Japanese Imperial

20 Government;

21 (C) any government established with the

22 assistance or cooperation of the Japanese Impe23 rial Government; or

24 (D) any government which was an ally of

25 the Japanese Imperial Government.
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1 (4) RECORD.—The term ‘‘record’’ means a Jap2 anese Imperial Government record.

3 (b) ESTABLISHMENT OF INTERAGENCY GROUP.—

4 (1) IN GENERAL.—Not later than 60 days after

5 the date of the enactment of this Act, the President

6 shall designate the Working Group established under

7 the Nazi War Crimes Disclosure Act (Public Law

8 105–246; 5 U.S.C. 552 note) to also carry out the

9 purposes of this title with respect to Japanese Impe10 rial Government records, and that Working Group

11 shall remain in existence for 3 years after the date

12 on which this title takes effect. Such Working Group

13 is redesignated as the ‘‘Nazi War Crimes and Japa14 nese Imperial Government Records Interagency

15 Working Group’’.

16 (2) MEMBERSHIP.—Section 2(b)(2) of such Act

17 is amended by striking ‘‘3 other persons’’ and insert18 ing ‘‘4 other persons who shall be members of the

19 public, of whom 3 shall be persons appointed under

20 the provisions of this Act in effect on October 8,

21 1998.’’.

22 (c) FUNCTIONS.—Not later than 1 year after the date

23 of the enactment of this Act, the Interagency Group shall,

24 to the greatest extent possible consistent with section

25 803—
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1 (1) locate, identify, inventory, recommend for

2 declassification, and make available to the public at

3 the National Archives and Records Administration,

4 all classified Japanese Imperial Government records

5 of the United States;

6 (2) coordinate with agencies and take such ac7 tions as necessary to expedite the release of such

8 records to the public; and

9 (3) submit a report to Congress, including the

10 Committee on Government Reform and the Perma11 nent Select Committee on Intelligence of the House

12 of Representatives, and the Committee on the Judi13 ciary and the Select Committee on Intelligence of

14 the Senate, describing all such records, the disposi15 tion of such records, and the activities of the Inter16 agency Group and agencies under this section.

17 (d) FUNDING.—There is authorized to be appro18 priated such sums as may be necessary to carry out the

19 provisions of this title.

20 SEC. 803. REQUIREMENT OF DISCLOSURE OF RECORDS.

21 (a) RELEASE OF RECORDS.—Subject to subsections

22 (b), (c), and (d), the Japanese Imperial Government

23 Records Interagency Working Group shall release in their

24 entirety Japanese Imperial Government records.
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1 (b) EXEMPTIONS.—An agency head may exempt

2 from release under subsection (a) specific information,

3 that would—

4 (1) constitute an unwarranted invasion of per5 sonal privacy;

6 (2) reveal the identity of a confidential human

7 source, or reveal information about an intelligence

8 source or method when the unauthorized disclosure

9 of that source or method would damage the national

10 security interests of the United States;

11 (3) reveal information that would assist in the

12 development or use of weapons of mass destruction;

13 (4) reveal information that would impair United

14 States cryptologic systems or activities;

15 (5) reveal information that would impair the

16 application of state-of-the-art technology within a

17 United States weapon system;

18 (6) reveal United States military war plans that

19 remain in effect;

20 (7) reveal information that would impair rela21 tions between the United States and a foreign gov22 ernment, or undermine ongoing diplomatic activities

23 of the United States;

24 (8) reveal information that would impair the

25 current ability of United States Government officials
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1 to protect the President, Vice President, and other

2 officials for whom protection services are authorized

3 in the interest of national security;

4 (9) reveal information that would impair cur5 rent national security emergency preparedness plans;

6 or

7 (10) violate a treaty or other international

8 agreement.

9 (c) APPLICATIONS OF EXEMPTIONS.—

10 (1) IN GENERAL.—In applying the exemptions

11 provided in paragraphs (2) through (10) of sub12 section (b), there shall be a presumption that the

13 public interest will be served by disclosure and re14 lease of the records of the Japanese Imperial Gov15 ernment. The exemption may be asserted only when

16 the head of the agency that maintains the records

17 determines that disclosure and release would be

18 harmful to a specific interest identified in the ex19 emption. An agency head who makes such a deter20 mination shall promptly report it to the committees

21 of Congress with appropriate jurisdiction, including

22 the Committee on the Judiciary and the Select Com23 mittee on Intelligence of the Senate and the Com24 mittee on Government Reform and the Permanent
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1 Select Committee on Intelligence of the House of

2 Representatives.

3 (2) APPLICATION OF TITLE 5.—A determina4 tion by an agency head to apply an exemption pro5 vided in paragraphs (2) through (9) of subsection

6 (b) shall be subject to the same standard of review

7 that applies in the case of records withheld under

8 section 552(b)(1) of title 5, United States Code.

9 (d) RECORDS RELATED TO INVESTIGATIONS OR

10 PROSECUTIONS.—This section shall not apply to

11 records—

12 (1) related to or supporting any active or inac13 tive investigation, inquiry, or prosecution by the Of14 fice of Special Investigations of the Department of

15 Justice; or

16 (2) solely in the possession, custody, or control

17 of the Office of Special Investigations.

18 SEC. 804. EXPEDITED PROCESSING OF REQUESTS FOR JAP19 ANESE IMPERIAL GOVERNMENT RECORDS.

20 For purposes of expedited processing under section

21 552(a)(6)(E) of title 5, United States Code, any person

22 who was persecuted in the manner described in section

23 802(a)(3) and who requests a Japanese Imperial Govern24 ment record shall be deemed to have a compelling need

25 for such record.
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1 SEC. 805. EFFECTIVE DATE.

2 The provisions of this title shall take effect on the

3 date that is 90 days after the date of the enactment of

4 this Act.

Æ