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106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–969

INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR

2001

OCTOBER 11, 2000.—Ordered to be printed

Mr. GOSS, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 4392]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R.

4392), to authorize appropriations for fiscal year 2001 for intelligence and intelligence-related activities of the United States Government, the Community Management Account and the Central Intelligence Agency Retirement and Disability System, and for other

purposes having met, after full and free conference, have agreed to

recommend and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as

follows:

In lieu of the matter proposed to be inserted by the Senate

amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Authorization Act for Fiscal Year 2001’’.

(b) TABLE OF CONTENTS.—The table of contents of this Act is

as follows:

Sec. 1. Short title; table of contents.

TITLE I—INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.

Sec. 102. Classified schedule of authorizations.

Sec. 103. Personnel ceiling adjustments.

Sec. 104. Community management account.

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

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

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TITLE III—GENERAL PROVISIONS

Subtitle A—Intelligence Community

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

Sec. 302. Restriction on conduct of intelligence activities.

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

Sec. 304. Prohibition on unauthorized disclosure of classified information.

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

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

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

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

implementing international treaties and agreements.

Sec. 309. Limitation on handling, retention, and storage of certain classified materials by the Department of State.

Sec. 310. Designation of Daniel Patrick Moynihan Place.

Sec. 311. National Security Agency voluntary separation.

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

Sec. 321. Reorganization of Diplomatic Telecommunications Service Program Office.

Sec. 322. Personnel.

Sec. 323. Diplomatic Telecommunications Service Oversight Board.

Sec. 324. General provisions.

TITLE IV—CENTRAL INTELLIGENCE AGENCY

Sec. 401. Modifications to Central Intelligence Agency’s central services program.

Sec. 402. Technical corrections.

Sec. 403. Expansion of Inspector General actions requiring a report to Congress.

Sec. 404. Detail of employees to the National Reconnaissance Office.

Sec. 405. Transfers of funds to other agencies for acquisition of land.

Sec. 406. Eligibility of additional employees for reimbursement for professional liability insurance.

TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Contracting authority for the National Reconnaissance Office.

Sec. 502. Role of Director of Central Intelligence in experimental personnel program

for certain scientific and technical personnel.

Sec. 503. Measurement and signature intelligence.

TITLE VI—COUNTERINTELLIGENCE MATTERS

Sec. 601. Short title.

Sec. 602. Orders for electronic surveillance under the Foreign Intelligence Surveillance Act of 1978.

Sec. 603. Orders for physical searches under the Foreign Intelligence Surveillance

Act of 1978.

Sec. 604. Disclosure of information acquired under the Foreign Intelligence Surveillance Act of 1978 for law enforcement purposes.

Sec. 605. Coordination of counterintelligence with the Federal Bureau of Investigation.

Sec. 606. Enhancing protection of national security at the Department of Justice.

Sec. 607. Coordination requirements relating to the prosecution of cases involving

classified information.

Sec. 608. Severability.

TITLE VII—DECLASSIFICATION OF INFORMATION

Sec. 701. Short title.

Sec. 702. Findings.

Sec. 703. Public Interest Declassification Board.

Sec. 704. Identification, collection, and review for declassification of information of

archival value or extraordinary public interest.

Sec. 705. Protection of national security information and other information.

Sec. 706. Standards and procedures.

Sec. 707. Judicial review.

Sec. 708. Funding.

Sec. 709. Definitions.

Sec. 710. Sunset.

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TITLE VIII—DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL

GOVERNMENT

Sec. 801. Short title.

Sec. 802. Designation.

Sec. 803. Requirement of disclosure of records.

Sec. 804. Expedited processing of requests for Japanese Imperial Government

records.

Sec. 805. Effective date.

TITLE I—INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

2001 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:

(1) The Central Intelligence Agency.

(2) The Department of Defense.

(3) The Defense Intelligence Agency.

(4) The National Security Agency.

(5) The Department of the Army, the Department of the

Navy, and the Department of the Air Force.

(6) The Department of State.

(7) The Department of the Treasury.

(8) The Department of Energy.

(9) The Federal Bureau of Investigation.

(10) The National Reconnaissance Office.

(11) The National Imagery and Mapping Agency.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS.— The amounts authorized to be appropriated under section 101, and

the authorized personnel ceilings as of September 30, 2001, for the

conduct of the intelligence and intelligence-related activities of the

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

Schedule of Authorizations prepared to accompany the conference

report on the bill H.R. 4392 of the One Hundred Sixth Congress.

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.—The Schedule of Authorizations shall be made available to

the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for

suitable distribution of the Schedule, or of appropriate portions of

the Schedule, within the executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

(a) AUTHORITY FOR ADJUSTMENTS.—With the approval of the

Director of the Office of Management and Budget, the Director of

Central Intelligence may authorize employment of civilian personnel

in excess of the number authorized for fiscal year 2001 under section

102 when the Director of Central Intelligence determines that such

action is necessary to the performance of important intelligence

functions, except that the number of personnel employed in excess of

the number authorized under such section may not, for any element

of the intelligence community, exceed 2 percent of the number of civilian personnel authorized under such section for such element.

(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Director of

Central Intelligence shall promptly notify the Permanent Select

Committee on Intelligence of the House of Representatives and the

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Select Committee on Intelligence of the Senate whenever the Director

exercises the authority granted by this section.

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated for the Community Management Account of the

Director of Central Intelligence for fiscal year 2001 the sum of

$163,231,000. Within such amount, funds identified in the classified

Schedule of Authorizations referred to in section 102(a) for the Advanced Research and Development Committee shall remain available until September 30, 2002.

(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the

Community Management Account of the Director of Central Intelligence are authorized 313 full-time personnel as of September 30,

2001. Personnel serving in such elements may be permanent employees of the Community Management Account or personnel detailed

from other elements of the United States Government.

(c) CLASSIFIED AUTHORIZATIONS.—

(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to

amounts authorized to be appropriated for the Community

Management Account by subsection (a), there are also authorized to be appropriated for the Community Management Account for fiscal year 2001 such additional amounts as are specified in the classified Schedule of Authorizations referred to in

section 102(a). Such additional amounts shall remain available

until September 30, 2002.

(2) AUTHORIZATION OF PERSONNEL.—In addition to the personnel authorized by subsection (b) for elements of the Community Management Account as of September 30, 2001, there are

hereby authorized such additional personnel for such elements

as of that date as are specified in the classified Schedule of Authorizations.

(d) REIMBURSEMENT.—Except as provided in section 113 of the

National Security Act of 1947 (50 U.S.C. 404h), during fiscal year

2001, any officer or employee of the United States or a member of

the Armed Forces who is detailed to the staff of the Community

Management Account from another element of the United States

Government shall be detailed on a reimbursable basis, except that

any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than 1 year for the performance of temporary functions as required by the Director of Central

Intelligence.

(e) NATIONAL DRUG INTELLIGENCE CENTER.—

(1) IN GENERAL.—Of the amount authorized to be appropriated in subsection (a), $34,100,000 shall be available for the

National Drug Intelligence Center. Within such amount, funds

provided for research, development, test, and evaluation purposes shall remain available until September 30, 2002, and

funds provided for procurement purposes shall remain available until September 30, 2003.

(2) TRANSFER OF FUNDS.—The Director of Central Intelligence shall transfer to the Attorney General funds available

for the National Drug Intelligence Center under paragraph (1).

The Attorney General shall utilize funds so transferred for the

activities of the National Drug Intelligence Center.

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(3) LIMITATION.—Amounts available for the National Drug

Intelligence Center may not be used in contravention of the provisions of section 103(d)(1) of the National Security Act of 1947

(50 U.S.C. 403–3(d)(1)).

(4) AUTHORITY.—Notwithstanding any other provision of

law, the Attorney General shall retain full authority over the

operations of the National Drug Intelligence Center.

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

(a) LIMITATION ON DELEGATION OF AUTHORITY OF DEPARTMENTS TO OBJECT TO TRANSFERS.—Section 104(d)(2) of the National Security Act of 1947 (50 U.S.C. 403–4(d)(2)) is amended—

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

(2) by redesignating subparagraphs (A), (B), (C), (D), and

(E) as clauses (i), (ii), (iii), (iv), and (v), respectively;

(3) in clause (v), as so redesignated, by striking ‘‘the Secretary or head’’ and inserting ‘‘subject to subparagraph (B), the

Secretary or head’’; and

(4) by adding at the end the following new subparagraph:

‘‘(B)(i) Except as provided in clause (ii), the authority to object

to a transfer under subparagraph (A)(v) may not be delegated by the

Secretary or head of the department involved.

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

object to such a transfer may be delegated by the Secretary of Defense, but only to the Deputy Secretary of Defense.

‘‘(iii) An objection to a transfer under subparagraph (A)(v) shall

have no effect unless submitted to the Director of Central Intelligence in writing.’’.

(b) LIMITATION ON DELEGATION OF DUTIES OF DIRECTOR OF

CENTRAL INTELLIGENCE.—Section 104(d)(1) of such Act (50 U.S.C.

403–4(d)(1)) is amended—

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

(2) by adding at the end the following new subparagraph:

‘‘(B) The Director may only delegate any duty or authority given

the Director under this subsection to the Deputy Director of Central

Intelligence for Community Management.’’.

TITLE II—CENTRAL INTELLIGENCE

AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2001

the sum of $216,000,000.

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TITLE III—GENERAL PROVISIONS

Subtitle A—Intelligence Community

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

Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by

such additional or supplemental amounts as may be necessary for

increases in such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

The authorization of appropriations by this Act shall not be

deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the

laws of the United States.

SEC. 303. SENSE OF THE CONGRESS ON INTELLIGENCE COMMUNITY

CONTRACTING.

It is the sense of the Congress that the Director of Central Intelligence should continue to direct that elements of the intelligence

community, whenever compatible with the national security interests of the United States and consistent with operational and security concerns related to the conduct of intelligence activities, and

where fiscally sound, should competitively award contracts in a

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

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

(a) IN GENERAL.—Chapter 37 of title 18, United States Code, is

amended—

(1) by redesignating section 798A as section 798B; and

(2) by inserting after section 798 the following new section

798A:

‘‘§ 798A. Unauthorized disclosure of classified information

‘‘(a) PROHIBITION.—Whoever, being an officer or employee of the

United States, a former or retired officer or employee of the United

States, any other person with authorized access to classified information, or any other person formerly with authorized access to classified information, knowingly and willfully discloses, or attempts to

disclose, any classified information acquired as a result of such person’s authorized access to classified information to a person (other

than an officer or employee of the United States) who is not authorized access to such classified information, knowing that the person

is not authorized access to such classified information, shall be

fined under this title, imprisoned not more than 3 years, or both.

‘‘(b) CONSTRUCTION OF PROHIBITION.—Nothing in this section

shall be construed to establish criminal liability for disclosure of

classified information in accordance with applicable law to the following:

‘‘(1) Any justice or judge of a court of the United States established pursuant to article III of the Constitution of the

United States.

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‘‘(2) The Senate or House of Representatives, or any committee or subcommittee thereof, or joint committee thereof, or

any Member of Congress.

‘‘(3) A person or persons acting on behalf of a foreign power

(including an international organization) if the disclosure—

‘‘(A) is made by an officer or employee of the United

States who has been authorized to make the disclosure; and

‘‘(B) is within the scope of such officer’s or employee’s

duties.

‘‘(4) Any other person authorized to receive the classified information.

‘‘(c) DEFINITIONS.—In this section:

‘‘(1) The term ‘authorized’, in the case of access to classified

information, means having authority or permission to have access to the classified information pursuant to the provisions of

a statute, Executive order, regulation, or directive of the head

of any department or agency who is empowered to classify information, an order of any United States court, or a provision of

any Resolution of the Senate or Rule of the House of Representatives which governs release of classified information by such

House of Congress.

‘‘(2) The term ‘classified information’ means information or

material properly classified and clearly marked or represented,

or that the person knows or has reason to believe has been properly classified by appropriate authorities, pursuant to the provisions of a statute or Executive order, as requiring protection

against unauthorized disclosure for reasons of national security.

‘‘(3) The term ‘officer or employee of the United States’

means the following:

‘‘(A) An officer or employee (as those terms are defined

in sections 2104 and 2105 of title 5).

‘‘(B) An officer or enlisted member of the Armed Forces

(as those terms are defined in section 101(b) of title 10).’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of that chapter is amended by striking the item relating to section 798A and inserting the following new items:

‘‘798A. Unauthorized disclosure of classified information.

‘‘798B. Temporary extension of section 794.’’.

SEC. 305. AUTHORIZATION FOR TRAVEL ON ANY COMMON CARRIER

FOR CERTAIN INTELLIGENCE COLLECTION PERSONNEL.

(a) IN GENERAL.—Title I of the National Security Act of 1947

(50 U.S.C. 402 et seq.) is amended by adding at the end the following new section:

‘‘TRAVEL ON ANY COMMON CARRIER FOR CERTAIN INTELLIGENCE

COLLECTION PERSONNEL

‘‘SEC. 116. (a) IN GENERAL.—Notwithstanding any other provision of law, the Director of Central Intelligence may authorize travel

on any common carrier when such travel, in the discretion of the

Director—

‘‘(1) is consistent with intelligence community mission requirements, or

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‘‘(2) is required for cover purposes, operational needs, or

other exceptional circumstances necessary for the successful performance of an intelligence community mission.

‘‘(b) AUTHORIZED DELEGATION OF DUTY.—The Director may

only delegate the authority granted by this section to the Deputy Director of Central Intelligence, or with respect to employees of the

Central Intelligence Agency the Director may delegate such authority to the Deputy Director for Operations.’’.

(b) CLERICAL AMENDMENT.—The table of contents for the National Security Act of 1947 is amended by inserting after the item

relating to section 115 the following new item:

‘‘Sec. 116. Travel on any common carrier for certain intelligence collection personnel.’’.

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

ON UNITED STATES TRADE SECRETS.

Not later than 270 days after the date of the enactment of this

Act, the Director of Central Intelligence shall submit to Congress a

report that updates and revises, as necessary, the report prepared by

the Director pursuant to section 310 of the Intelligence Authorization Act for Fiscal Year 2000 (Public Law 106–120; 113 Stat. 1606).

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

COMMUNITY.

(a) IN GENERAL.—Title I of the National Security Act of 1947

(50 U.S.C. 402 et seq.), as amended by section 305(a), is further

amended by adding at the end the following:

‘‘POW/MIA ANALYTIC CAPABILITY

‘‘SEC. 117. (a) REQUIREMENT.—(1) The Director of Central Intelligence shall, in consultation with the Secretary of Defense, establish

and maintain in the intelligence community an analytic capability

with responsibility for intelligence in support of the activities of the

United States relating to individuals who, after December 31, 1990,

are unaccounted for United States personnel.

‘‘(2) The analytic capability maintained under paragraph (1)

shall be known as the ‘POW/MIA analytic capability of the intelligence community’.

‘‘(b) UNACCOUNTED FOR UNITED STATES PERSONNEL.—In this

section, the term ‘unaccounted for United States personnel’ means

the following:

‘‘(1) Any missing person (as that term is defined in section

1513(1) of title 10, United States Code).

‘‘(2) Any United States national who was killed while engaged in activities on behalf of the United States and whose remains have not been repatriated to the United States.’’.

(b) CLERICAL AMENDMENT.—The table of contents for the National Security Act of 1947, as amended by section 305(b), is further

amended by inserting after the item relating to section 116 the following new item:

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

SEC. 308. APPLICABILITY TO LAWFUL UNITED STATES INTELLIGENCE

ACTIVITIES OF FEDERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREEMENTS.

(a) IN GENERAL.—The National Security Act of 1947 (50 U.S.C.

401 et seq.) is amended by adding at the end the following new title:

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‘‘TITLE X—ADDITIONAL MISCELLANEOUS PROVISIONS

‘‘APPLICABILITY TO UNITED STATES INTELLIGENCE ACTIVITIES OF FEDERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREEMENTS

‘‘SEC. 1001. (a) IN GENERAL.—No Federal law enacted on or

after the date of the enactment of the Intelligence Authorization Act

for Fiscal Year 2001 that implements a treaty or other international

agreement shall be construed as making unlawful an otherwise lawful and authorized intelligence activity of the United States Government or its employees, or any other person to the extent such other

person is carrying out such activity on behalf of, and at the direction of, the United States, unless such Federal law specifically addresses such intelligence activity.

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

activity shall be treated as authorized for purposes of subsection (a)

if the intelligence activity is authorized by an appropriate official of

the United States Government, acting within the scope of the official

duties of that official and in compliance with Federal law and any

applicable Presidential directive.’’.

(b) CLERICAL AMENDMENT.—The table of contents for the National Security Act of 1947 is amended by inserting at the end the

following new items:

‘‘TITLE X—ADDITIONAL MISCELLANEOUS PROVISIONS

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

SEC. 309. LIMITATION ON HANDLING, RETENTION, AND STORAGE OF

CERTAIN CLASSIFIED MATERIALS BY THE DEPARTMENT

OF STATE.

(a) CERTIFICATION REGARDING FULL COMPLIANCE WITH RE- QUIREMENTS.—The Director of Central Intelligence shall certify to

the appropriate committees of Congress whether or not each covered

element of the Department of State is in full compliance with all applicable directives of the Director of Central Intelligence relating to

the handling, retention, or storage of covered classified material.

(b) LIMITATION ON CERTIFICATION.—The Director of Central Intelligence may not certify a covered element of the Department of

State as being in full compliance with the directives referred to in

subsection (a) if the covered element is currently subject to a waiver

of compliance with respect to any such directive.

(c) REPORT ON NONCOMPLIANCE.—Whenever the Director of

Central Intelligence determines that a covered element of the Department of State is not in full compliance with any directive referred to in subsection (a), the Director shall promptly notify the appropriate committees of Congress of such determination.

(d) EFFECTS OF CERTIFICATION OF NON-FULL COMPLIANCE.—(1)

Subject to subsection (e), effective as of January 1, 2001, a covered

element of the Department of State may not retain or store covered

classified material unless the Director has certified under subsection

(a) as of such date that the covered element is in full compliance

with the directives referred to in subsection (a).

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

with that paragraph, the prohibition shall remain in effect until the

date on which the Director certifies under subsection (a) that the

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covered element involved is in full compliance with the directives referred to in that subsection.

(e) WAIVER BY DIRECTOR OF CENTRAL INTELLIGENCE.—(1) The

Director of Central Intelligence may waive the applicability of the

prohibition in subsection (d) to an element of the Department of

State otherwise covered by such prohibition if the Director determines that the waiver is in the national security interests of the

United States.

(2) The Director shall submit to appropriate committees of Congress a report on each exercise of the waiver authority in paragraph

(1).

(3) Each report under paragraph (2) with respect to the exercise

of authority under paragraph (1) shall set forth the following:

(A) The covered element of the Department of State addressed by the waiver.

(B) The reasons for the waiver.

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

into full compliance with the directives referred to in subsection

(a), including a schedule for completion of such actions.

(D) The actions taken by the Director to protect any covered

classified material to be handled, retained, or stored by such

element pending achievement of full compliance of such element

with such directives.

(f) DEFINITIONS.—In this section:

(1) The term ‘‘appropriate committees of Congress’’ means

the following:

(A) The Select Committee on Intelligence and the Committee on Foreign Relations of the Senate.

(B) The Permanent Select Committee on Intelligence

and the Committee on International Relations of the House

of Representatives.

(2) The term ‘‘covered classified material’’ means any material classified at the Sensitive Compartmented Information

(SCI) level.

(3) The term ‘‘covered element of the Department of State’’

means each element of the Department of State that handles, retains, or stores covered classified material.

(4) The term ‘‘material’’ means any data, regardless of

physical form or characteristic, including written or printed

matter, automated information systems storage media, maps,

charts, paintings, drawings, films, photographs, engravings,

sketches, working notes, papers, reproductions of any such

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

electronic recordings.

(5) The term ‘‘Sensitive Compartmented Information (SCI)

level’’, in the case of classified material, means a level of classification for information in such material concerning or derived

from intelligence sources, methods, or analytical processes that

requires such information to be handled within formal access

control systems established by the Director of Central Intelligence.

SEC. 310. DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE.

(a) FINDINGS.—Congress finds that—

(1) during the second half of the twentieth century, Senator

Daniel Patrick Moynihan promoted the importance of architecVerDate 11-MAY-2000 19:11 Oct 12, 2000 Jkt 079006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6603 E:\HR\OC\HR969.XXX pfrm01 PsN: HR969
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ture and urban planning in the Nation’s Capital, particularly

with respect to the portion of Pennsylvania Avenue between the

White House and the United States Capitol (referred to in this

subsection as the ‘‘Avenue’’);

(2) Senator Moynihan has stressed the unique significance

of the Avenue as conceived by Pierre Charles L’Enfant to be the

‘‘grand axis’’ of the Nation’s Capital as well as a symbolic representation of the separate yet unified branches of the United

States Government;

(3) through his service to the Ad Hoc Committee on Federal

Office Space (1961–1962), as a member of the President’s Council on Pennsylvania Avenue (1962–1964), and as vice-chairman

of the President’s Temporary Commission on Pennsylvania Avenue (1965–1969), and in his various capacities in the executive

and legislative branches, Senator Moynihan has consistently

and creatively sought to fulfill President Kennedy’s recommendation of June 1, 1962, that the Avenue not become a

‘‘solid phalanx of public and private office buildings which close

down completely at night and on weekends,’’ but that it be ‘‘lively, friendly, and inviting, as well as dignified and impressive’’;

(4)(A) Senator Moynihan helped draft a Federal architectural policy, known as the ‘‘Guiding Principles for Federal Architecture,’’ that recommends a choice of designs that are ‘‘efficient and economical’’ and that provide ‘‘visual testimony to the

dignity, enterprise, vigor, and stability’’ of the United States

Government; and

(B) the Guiding Principles for Federal Architecture further

state that the ‘‘development of an official style must be avoided.

Design must flow from the architectural profession to the Government, and not vice versa.’’;

(5) Senator Moynihan has encouraged—

(A) the construction of new buildings along the Avenue,

such as the Ronald Reagan Building and International

Trade Center; and

(B) the establishment of an academic institution along

the Avenue, namely the Woodrow Wilson International Center for Scholars, a living memorial to President Wilson;

and

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

it is appropriate to commemorate his legacy of public service

and his commitment to thoughtful urban design in the Nation’s

Capital.

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

quadrant of Washington, District of Columbia, and described in

subsection (c) shall be known and designated as ‘‘Daniel Patrick

Moynihan Place’’.

(c) BOUNDARIES.—The parcel of land described in this subsection is the portion of Woodrow Wilson Plaza (as designated by

Public Law 103–284 (108 Stat. 1448)) that is bounded—

(1) on the west by the eastern facade of the Ronald Reagan

Building and International Trade Center;

(2) on the east by the western facade of the Ariel Rios

Building;

(3) on the north by the southern edge of the sidewalk abutting Pennsylvania Avenue; and

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(4) on the south by the line that extends west to the facade

of the Ronald Reagan Building and International Trade Center, from the point where the west facade of the Ariel Rios

Building intersects the north end of the west hemicycle of that

building.

(d) REFERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the parcel of

land described in subsection (c) shall be deemed to be a reference

to Daniel Patrick Moynihan Place.

(e) MARKERS.—The Administrator of General Services shall

erect appropriate gateways or other markers in Daniel Patrick Moynihan Place so denoting that place.

SEC. 311. NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION ACT.

(a) IN GENERAL.—Title III of the National Security Act of 1947

(50 U.S.C. 405 et seq.) is amended by inserting at the beginning the

following new section 301:

‘‘NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION

‘‘SEC. 301. (a) SHORT TITLE.—This section may be cited as the

‘National Security Agency Voluntary Separation Act’.

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

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

Security Agency; and

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

Security Agency, serving under an appointment without time

limitation, who has been currently employed by the National

Security Agency for a continuous period of at least 12 months

prior to the effective date of the program established under subsection (c), except that such term does not include—

‘‘(A) a reemployed annuitant under subchapter III of

chapter 83 or chapter 84 of title 5, United States Code, or

another retirement system for employees of the Government;

or

‘‘(B) an employee having a disability on the basis of

which such employee is or would be eligible for disability

retirement under any of the retirement systems referred to

in subparagraph (A).

‘‘(c) ESTABLISHMENT OF PROGRAM.—Notwithstanding any other

provision of law, the Director, in his sole discretion, may establish

a program under which employees may, after October 1, 2000, be eligible for early retirement, offered separation pay to separate from

service voluntarily, or both.

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

‘‘(1) is at least 50 years of age and has completed 20 years

of service; or

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

may, pursuant to regulations promulgated under this section, apply

and be retired from the National Security Agency and receive benefits in accordance with chapter 83 or 84 of title 5, United States

Code, if the employee has not less than 10 years of service with the

National Security Agency.

‘‘(e) AMOUNT OF SEPARATION PAY AND TREATMENT FOR OTHER

PURPOSES.—

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‘‘(1) AMOUNT.—Separation pay shall be paid in a lump sum

and shall be equal to the lesser of—

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

would be entitled to receive under section 5595(c) of title 5,

United States Code, if the employee were entitled to payment under such section; or

‘‘(B) $25,000.

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

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

in the computation, of any other type of Government benefit; and

‘‘(B) be taken into account for the purpose of determining the amount of any severance pay to which an individual may be entitled under section 5595 of title 5, United

States Code, based on any other separation.

‘‘(f) REEMPLOYMENT RESTRICTIONS.—An employee who receives

separation pay under such program may not be reemployed by the

National Security Agency for the 12-month period beginning on the

effective date of the employee’s separation. An employee who receives

separation pay under this section on the basis of a separation occurring on or after the date of the enactment of the Federal Workforce

Restructuring Act of 1994 (Public Law 103–236; 108 Stat. 111) and

accepts employment with the Government of the United States within 5 years after the date of the separation on which payment of the

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

of the separation pay to the National Security Agency. If the employment is with an Executive agency (as defined by section 105 of title

5, United States Code), the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the

repayment if the individual involved possesses unique abilities and

is the only qualified applicant available for the position. If the employment is with an entity in the legislative branch, the head of the

entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is with

the judicial branch, the Director of the Administrative Office of the

United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant

available for the position.

‘‘(g) BAR ON CERTAIN EMPLOYMENT.—

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

under this section unless the employee agrees that the employee

will not—

‘‘(A) act as agent or attorney for, or otherwise represent,

any other person (except the United States) in any formal

or informal appearance before, or, with the intent to influence, make any oral or written communication on behalf of

any other person (except the United States) to the National

Security Agency; or

‘‘(B) participate in any manner in the award, modification, or extension of any contract for property or services

with the National Security Agency,

during the 12-month period beginning on the effective date of

the employee’s separation from service.

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

under this subsection shall be liable to the United States in the

amount of the separation pay paid to the employee pursuant to

this section multiplied by the proportion of the 12-month period

during which the employee was in violation of the agreement.

‘‘(h) LIMITATIONS.—Under this program, early retirement and

separation pay may be offered only—

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

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

‘‘(3) to employees within such occupational groups or geographic locations, or subject to such other similar limitations or

conditions, as the Director may require.

‘‘(i) REGULATIONS.—Before an employee may be eligible for early

retirement, separation pay, or both, under this section, the Director

shall prescribe such regulations as may be necessary to carry out

this section.

‘‘(j) REPORTING REQUIREMENTS.—

‘‘(1) NOTIFICATION.—The Director may not make an offer of

early retirement, separation pay, or both, pursuant to this section until 15 days after submitting to the Permanent Select

Committee on Intelligence of the House of Representatives and

the Select Committee on Intelligence of the Senate a report describing the occupational groups or geographic locations, or

other similar limitations or conditions, required by the Director

under subsection (h), and includes the proposed regulations

issued pursuant to subsection (i).

‘‘(2) ANNUAL REPORT.—The Director shall submit to the

President and the Permanent Select Committee on Intelligence

of the House of Representatives and the Select Committee on Intelligence of the Senate an annual report on the effectiveness

and costs of carrying out this section.

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

that is required to be made under subchapter III of chapter 83 or

chapter 84 of title 5, United States Code, the National Security

Agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil

Service Retirement and Disability Fund, an amount equal to 15 percent of the final basic pay of each employee to whom a voluntary

separation payment has been or is to be paid under this section. The

remittance required by this subsection shall be in lieu of any remittance required by section 4(a) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).’’.

(b) CLERICAL AMENDMENT.—The table of contents for title III of

the National Security Act of 1947 is amended by inserting at the beginning the following new item:

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

Subtitle B—Diplomatic Telecommunications Service Program Office (DTS–PO)

SEC. 321. REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS

SERVICE PROGRAM OFFICE.

(a) REORGANIZATION.—Effective 60 days after the date of the enactment of this Act, the Diplomatic Telecommunications Service

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Program Office (DTS–PO) established pursuant to title V of Public

Law 102–140 shall be reorganized in accordance with this subtitle.

(b) PURPOSE AND DUTIES OF DTS–PO.—The purpose and duties

of DTS–PO shall be to carry out a program for the establishment

and maintenance of a diplomatic telecommunications system and

communications network (hereinafter in this subtitle referred to as

‘‘DTS’’) capable of providing multiple levels of service to meet the

wide ranging needs of all United States Government agencies and

departments at diplomatic facilities abroad, including national security needs for secure, reliable, and robust communications capabilities.

SEC. 322. PERSONNEL.

(a) ESTABLISHMENT OF POSITION OF CHIEF EXECUTIVE OFFI- CER.— (1) IN GENERAL.—Effective 60 days after the date of the enactment of this Act, there is established the position of Chief Executive Officer of the Diplomatic Telecommunications Service

Program Office (hereinafter in this subtitle referred to as the

‘‘CEO’’).

(2) QUALIFICATIONS.— (A) IN GENERAL.—The CEO shall be an individual

who—

(i) is a communications professional;

(ii) has served in the commercial telecommunications industry for at least 7 years;

(iii) has an extensive background in communications system design, maintenance, and support and a

background in organizational management; and

(iv) submits to a background investigation and

possesses the necessary qualifications to obtain a security clearance required to meet the highest United

States Government security standards.

(B) LIMITATIONS.—The CEO may not be an individual

who was an officer or employee of DTS–PO prior to the

date of the enactment of this Act.

(3) APPOINTMENT AUTHORITY.—The CEO of DTS-PO shall

be appointed by the Director of the Office of Management and

Budget.

(4) FIRST APPOINTMENT.— (i) DEADLINE.—The first appointment under this

subsection shall be made not later than May 1, 2001.

(ii) LIMITATION ON USE OF FUNDS.—Of the funds

available for DTS–PO on the date of the enactment of

this Act, not more than 75 percent of such funds may

be obligated or expended until a CEO is appointed

under this subsection and assumes such position.

(iii) MAY NOT BE AN OFFICER OR EMPLOYEE OF

FEDERAL GOVERNMENT.—The individual first appointed as CEO under this subtitle may not have been

an officer or employee of the Federal government during the 1 year period immediately preceding such appointment.

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

CEO or during the absence or disability of the CEO, the Director of the Office of Management and Budget may designate an

16

officer or employee of DTS–PO to perform the duties of the position as the acting CEO.

(6) AUTHORITIES AND DUTIES.—

(A) IN GENERAL.—The CEO shall have responsibility

for day-to-day management and operations of DTS, subject

to the supervision of the Diplomatic Telecommunication

Service Oversight Board established under this subtitle.

(B) SPECIFIC AUTHORITIES.—In carrying out the responsibility for day-to-day management and operations of

DTS, the CEO shall, at a minimum, have—

(i) final decision-making authority for implementing DTS policy; and

(ii) final decision-making authority for managing

all communications technology and security upgrades

to satisfy DTS user requirements.

(C) CERTIFICATION REGARDING SECURITY.—The CEO

shall certify to the appropriate congressional committees

that the operational and communications security requirements and practices of DTS conform to the highest security

requirements and practices required by any agency utilizing the DTS.

(D) REPORTS TO CONGRESS.—

(i) SEMIANNUAL REPORTS.—Beginning on August

1, 2001, and every 6 months thereafter, the CEO shall

submit to the appropriate congressional committees of

jurisdiction a report regarding the activities of DTS–

PO during the preceding 6 months, the current capabilities of DTS–PO, and the priorities of DTS–PO for

the subsequent 6 month period. Each report shall include a discussion about any administrative, budgetary, or management issues that hinder the ability of

DTS–PO to fulfill its mandate.

(ii) OTHER REPORTS.—In addition to the report required by clause (i), the CEO shall keep the appropriate congressional committees of jurisdiction fully

and currently informed with regard to DTS–PO activities, particularly with regard to any significant security infractions or major outages in the DTS.

(b) ESTABLISHMENT OF POSITIONS OF DEPUTY EXECUTIVE OFFICER.—

(1) IN GENERAL.—There shall be 2 Deputy Executive Officers of the Diplomatic Telecommunications Service Program Office, each to be appointed by the President.

(2) DUTIES.—The Deputy Executive Officers shall perform

such duties as the CEO may require.

(c) TERMINATION OF POSITIONS OF DIRECTOR AND DEPUTY DIRECTOR.—Effective upon the first appointment of a CEO pursuant

to subsection (a), the positions of Director and Deputy Director of

DTS–PO shall terminate.

(d) EMPLOYEES OF DTS–PO.—

(1) IN GENERAL.—DTS–PO is authorized to have the following employees: a CEO established under subsection (a), 2

Deputy Executive Officers established under subsection (b), and

not more than 4 other employees.

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(2) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.—The

CEO and other officers and employees of DTS–PO may be appointed without regard to the provisions of title 5, United States

Code, governing appointments in the competitive service, and

may be paid without regard to the provisions of chapter 51 and

subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates.

(3) AUTHORITY OF DIRECTOR OF OMB TO PRESCRIBE PAY OF

EMPLOYEES.—The Director of the Office of Management and

Budget shall prescribe the rates of basic pay for positions to

which employees are appointed under this section on the basis

of their unique qualifications.

(e) STAFF OF FEDERAL AGENCIES.— (1) IN GENERAL.—Upon request of the CEO, the head of any

Federal department or agency may detail, on a reimbursable

basis, any of the personnel of that department or agency to

DTS–PO to assist it in carrying out its duties under this subtitle.

(2) CONTINUATION OF SERVICE.—An employee of a Federal

department or agency who was performing services on behalf of

DTS–PO prior to the effective date of the reorganization under

this subtitle shall continue to be detailed to DTS–PO after that

date, upon request.

SEC. 323. DIPLOMATIC TELECOMMUNICATIONS SERVICE OVERSIGHT

BOARD.

(a) OVERSIGHT BOARD ESTABLISHED.— (1) IN GENERAL.—There is hereby established the Diplomatic Telecommunications Service Oversight Board (hereinafter

in this subtitle referred to as the ‘‘Board’’) as an instrumentality

of the United States with the powers and authorities herein provided.

(2) STATUS.—The Board shall oversee and monitor the operations of DTS–PO and shall be accountable for the duties assigned to DTS–PO under this subtitle.

(3) MEMBERSHIP.—

(A) IN GENERAL.—The Board shall consist of 3 members as follows:

(i) The Deputy Director of the Office of Management and Budget.

(ii) 2 members to be appointed by the President.

(B) CHAIRPERSON.—The chairperson of the Board shall

be the Deputy Director of the Office of Management and

Budget.

(C) TERMS.—Members of the Board appointed by the

President shall serve at the pleasure of the President.

(D) QUORUM REQUIRED.—A quorum shall consist of all

members of the Board and all decisions of the Board shall

require a majority vote.

(4) PROHIBITION ON COMPENSATION.—Members of the

Board may not receive additional pay, allowances, or benefits

by reason of their service on the Board.

(5) DUTIES AND AUTHORITIES.—The Board shall have the

following duties and authorities with respect to DTS–PO:

(A) To review and approve overall strategies, policies,

and goals established by DTS–PO for its activities.

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(B) To review and approve financial plans, budgets,

and periodic financing requests developed by DTS–PO.

(C) To review the overall performance of DTS–PO on a

periodic basis, including its work, management activities,

and internal controls, and the performance of DTS–PO relative to approved budget plans.

(D) To require from DTS–PO any reports, documents,

and records the Board considers necessary to carry out its

oversight responsibilities.

(E) To evaluate audits of DTS–PO.

(6) LIMITATION ON AUTHORITY.—The CEO shall have the

authority, without any prior review or approval by the Board,

to make such determinations as the CEO considers appropriate

and take such actions as the CEO considers appropriate with

respect to the day-to-day management and operation of DTS–

PO and to carry out the reforms of DTS–PO authorized by section 305 of the Admiral James W. Nance and Meg Donovan

Foreign Relations Authorization Act, Fiscal Years 2000 and

2001 (section 305 of appendix G of Public Law 106–113).

SEC. 324. GENERAL PROVISIONS.

(a) REPORT TO CONGRESS.—Not later than March 1, 2001, the

Director of the Office of Management and Budget shall submit to

the appropriate congressional committees of jurisdiction a report

which includes the following elements with respect to DTS–PO:

(1) Clarification of the process for the CEO to report to the

Board.

(2) Details of the CEO’s duties and responsibilities.

(3) Details of the compensation package for the CEO and

other employees of DTS–PO.

(4) Recommendations to the Overseas Security Policy Board

(OSPB) for updates.

(5) Security standards for information technology.

(6) The upgrade precedence plan for overseas posts with national security interests.

(7) A spending plan for the additional funds provided for

the operation and improvement of DTS for fiscal year 2001.

(b) NOTIFICATION REQUIREMENTS.—The notification requirements of sections 502 and 505 of the National Security Act of 1947

shall apply to DTS–PO and the Board.

(c) PROCUREMENT AUTHORITY OF DTS–PO.—The procurement

authorities of any of the users of DTS shall be available to the

DTS–PO.

(d) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES

OF JURISDICTION.—As used in this subtitle, the term ‘‘appropriate

congressional committees of jurisdiction’’ means the Committee on

Appropriations, the Committee on Foreign Relations, and the Select

Committee on Intelligence of the Senate and the Committee on Appropriations, the Committee on International Relations, and the

Permanent Select Committee on Intelligence of the House of Representatives.

(e) STATUTORY CONSTRUCTION.—Nothing in this subtitle shall

be construed to negate or to reduce the statutory obligations of any

United States department or agency head.

(f) AUTHORIZATION OF APPROPRIATIONS FOR DTS–PO.—For

each of the fiscal years 2002 through 2006, there are authorized to

19

be appropriated directly to DTS–PO such sums as may be necessary

to carry out the management, oversight, and security requirements

of this subtitle.

TITLE IV—CENTRAL INTELLIGENCE

AGENCY

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

(a) DEPOSITS IN CENTRAL SERVICES WORKING CAPITAL FUND.— Subsection (c)(2) of section 21 of the Central Intelligence Agency Act

of 1949 (50 U.S.C. 403u(c)(2)) is amended—

(1) by redesignating subparagraph (F) as subparagraph

(H); and

(2) by inserting after subparagraph (E) the following new

subparagraphs:

‘‘(F) Receipts from individuals in reimbursement for utility

services and meals provided under the program.

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

and equipment under the program.’’.

(b) CLARIFICATION OF COSTS RECOVERABLE UNDER PROGRAM.— Subsection (e)(1) of that section is amended in the second sentence

by inserting ‘‘other than structures owned by the Agency’’ after ‘‘depreciation of plant and equipment’’.

(c) FINANCIAL STATEMENTS OF PROGRAM.—Subsection (g)(2) of

that section is amended in the first sentence by striking ‘‘annual audits under paragraph (1)’’ and inserting the following: ‘‘financial

statements to be prepared with respect to the program. Office of

Management and Budget guidance shall also determine the procedures for conducting annual audits under paragraph (1).’’.

SEC. 402. TECHNICAL CORRECTIONS.

(a) CLARIFICATION REGARDING REPORTS ON EXERCISE OF AU- THORITY.—Section 17 of the Central Intelligence Agency Act of 1949

(50 U.S.C. 403q) is amended—

(1) in subsection (d)(1), by striking subparagraph (E) and

inserting the following new subparagraph (E):

‘‘(E) a description of the exercise of the subpoena authority

under subsection (e)(5) by the Inspector General during the reporting period; and’’; and

(2) in subsection (e)(5), by striking subparagraph (E).

(b) TERMINOLOGY WITH RESPECT TO GOVERNMENT AGENCIES.— Section 17(e)(8) of such Act (50 U.S.C. 403q(e)(8)) is amended by

striking ‘‘Federal’’ each place it appears and inserting ‘‘Government’’.

SEC. 403. EXPANSION OF INSPECTOR GENERAL ACTIONS REQUIRING A

REPORT TO CONGRESS.

Section 17(d)(3) of the Central Intelligence Agency Act of 1949

(50 U.S.C. 403q(d)(3)) is amended by striking all that follows after

subparagraph (A) and inserting the following:

‘‘(B) an investigation, inspection, or audit carried out by the

Inspector General should focus on any current or former Agency

official who—

‘‘(i) holds or held a position in the Agency that is subject to appointment by the President, by and with the adVerDate 11-MAY-2000 19:11 Oct 12, 2000 Jkt 079006 PO 00000 Frm 00019 Fmt 6659 Sfmt 6603 E:\HR\OC\HR969.XXX pfrm01 PsN: HR969
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vise and consent of the Senate, including such a position

held on an acting basis; or

‘‘(ii) holds or held the position in the Agency, including

such a position held on an acting basis, of—

‘‘(I) Executive Director;

‘‘(II) Deputy Director for Operations;

‘‘(III) Deputy Director for Intelligence;

‘‘(IV) Deputy Director for Administration; or

‘‘(V) Deputy Director for Science and Technology;

‘‘(C) a matter requires a report by the Inspector General to

the Department of Justice on possible criminal conduct by a

current or former Agency official described or referred to in subparagraph (B);

‘‘(D) the Inspector General receives notice from the Department of Justice declining or approving prosecution of possible

criminal conduct of any of the officials described in subparagraph (B); or

‘‘(E) the Inspector General, after exhausting all possible alternatives, is unable to obtain significant documentary information in the course of an investigation, inspection, or audit,

the Inspector General shall immediately notify and submit a report

on such matter to the intelligence committees.’’.

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

The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et

seq.) is amended by adding at the end the following new section:

‘‘DETAIL OF EMPLOYEES

‘‘SEC. 22. The Director may—

‘‘(1) detail any personnel of the Agency on a reimbursable

basis indefinitely to the National Reconnaissance Office without

regard to any limitation under law on the duration of details

of Federal Government personnel; and

‘‘(2) hire personnel for the purpose of any detail under

paragraph (1).’’.

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

(a) IN GENERAL.—Section 5 of the Central Intelligence Agency

Act of 1949 (50 U.S.C. 403f) is amended by adding at the end the

following new subsection:

‘‘(c) TRANSFERS FOR ACQUISITION OF LAND.—(1) Sums appropriated or otherwise made available to the Agency for the acquisition of land that are transferred to another department or agency

for that purpose shall remain available for 3 years.

‘‘(2) The Director shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives an annual report on the

transfers of sums described in paragraph (1).’’.

(b) CONFORMING STYLISTIC AMENDMENTS.—That section is further amended—

(1) in subsection (a), by inserting ‘‘IN GENERAL.—’’ after

‘‘(a)’’; and

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

FOR EXPENDITURE.—’’ after ‘‘(b)’’.

21

(c) APPLICABILITY.—Subsection (c) of section 5 of the Central Intelligence Agency Act of 1949, as added by subsection (a) of this section, shall apply with respect to amounts appropriated or otherwise

made available for the Central Intelligence Agency for fiscal years

after fiscal year 2000.

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

(a) IN GENERAL.—Notwithstanding any provision of title VI,

section 636 of the Treasury, Postal Service, and General Government Appropriations Act, 1997 (5 U.S.C. prec. 5941 note), the Director of Central Intelligence may—

(1) designate as qualified employees within the meaning of

subsection (b) of that section appropriate categories of employees

not otherwise covered by that subsection; and

(2) use appropriated funds available to the Director to reimburse employees within categories so designated for one-half

of the costs incurred by such employees for professional liability

insurance in accordance with subsection (a) of that section.

(b) REPORTS.—The Director of Central Intelligence shall submit

to the Select Committee on Intelligence of the Senate and the Permanent Select Committee of Intelligence of the House of Representatives

a report on each designation of a category of employees under paragraph (1) of subsection (a), including the approximate number of

employees covered by such designation and an estimate of the

amount to be expended on reimbursement of such employees under

paragraph (2) of that subsection.

TITLE V—DEPARTMENT OF DEFENSE

INTELLIGENCE ACTIVITIES

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

(a) IN GENERAL.—The National Reconnaissance Office (‘‘NRO’’)

shall negotiate, write, execute, and manage contracts for launch vehicle acquisition or launch that affect or bind the NRO and to

which the United States is a party.

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

described in subsection (a) that is entered into after the date of the

enactment of this Act.

(c) RETROACTIVITY.—This section shall not apply to any contract described in subsection (a) in effect as of the date of the enactment of this Act.

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

AND TECHNICAL PERSONNEL.

If the Director of Central Intelligence requests that the Secretary of Defense exercise any authority available to the Secretary

under section 1101(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 5 U.S.C.

3104 note) to carry out a program of special personnel management

authority at the National Imagery and Mapping Agency and the

National Security Agency in order to facilitate recruitment of eminent experts in science and engineering at such agencies, the SecVerDate 11-MAY-2000 19:11 Oct 12, 2000 Jkt 079006 PO 00000 Frm 00021 Fmt 6659 Sfmt 6603 E:\HR\OC\HR969.XXX pfrm01 PsN: HR969
22

retary shall respond to such request not later than 30 days after the

date of such request.

SEC. 503. MEASUREMENT AND SIGNATURE INTELLIGENCE.

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

shall, in coordination with the Secretary of Defense, conduct a study

of the utility and feasibility of various options for improving the

management and organization of measurement and signature intelligence, including—

(1) the option of establishing a centralized tasking, processing, exploitation, and dissemination facility for measurement

and signature intelligence;

(2) options for recapitalizing and reconfiguring the current

systems for measurement and signature intelligence; and

(3) the operation and maintenance costs of the various options.

(b) REPORT.—Not later than April 1, 2001, the Director and the

Secretary shall jointly submit to the appropriate committees of Congress a report on their findings as a result of the study required by

subsection (a). The report shall set forth any recommendations that

the Director and the Secretary consider appropriate.

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this

section, the term ‘‘appropriate committees of Congress’’ means the

following:

(1) The Committee on Armed Services and the Select Committee on Intelligence of the Senate.

(2) The Committee on Armed Services and the Permanent

Select Committee on Intelligence of the House of Representatives.

TITLE VI—COUNTERINTELLIGENCE

MATTERS

SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘Counterintelligence Reform Act

of 2000’’.

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

(a) REQUIREMENTS REGARDING CERTAIN APPLICATIONS.—Section 104 of the Foreign Intelligence Surveillance Act of 1978 (50

U.S.C. 1804) is amended by adding at the end the following new

subsection:

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

Bureau of Investigation, the Secretary of Defense, the Secretary of

State, or the Director of Central Intelligence, the Attorney General

shall personally review under subsection (a) an application under

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

‘‘(B) Except when disabled or otherwise unavailable to make a

request referred to in subparagraph (A), an official referred to in

that subparagraph may not delegate the authority to make a request

referred to in that subparagraph.

‘‘(C) Each official referred to in subparagraph (A) with authority to make a request under that subparagraph shall take appropriate actions in advance to ensure that delegation of such authority

23

is clearly established in the event such official is disabled or otherwise unavailable to make such request.

‘‘(2)(A) If as a result of a request under paragraph (1) the Attorney General determines not to approve an application under the second sentence of subsection (a) for purposes of making the application under this section, the Attorney General shall provide written

notice of the determination to the official making the request for the

review of the application under that paragraph. Except when disabled or otherwise unavailable to make a determination under the

preceding sentence, the Attorney General may not delegate the responsibility to make a determination under that sentence. The Attorney General shall take appropriate actions in advance to ensure

that delegation of such responsibility is clearly established in the

event the Attorney General is disabled or otherwise unavailable to

make such determination.

‘‘(B) Notice with respect to an application under subparagraph

(A) shall set forth the modifications, if any, of the application that

are necessary in order for the Attorney General to approve the application under the second sentence of subsection (a) for purposes of

making the application under this section.

‘‘(C) Upon review of any modifications of an application set

forth under subparagraph (B), the official notified of the modifications under this paragraph shall modify the application if such official determines that such modification is warranted. Such official

shall supervise the making of any modification under this subparagraph. Except when disabled or otherwise unavailable to supervise

the making of any modification under the preceding sentence, such

official may not delegate the responsibility to supervise the making

of any modification under that preceding sentence. Each such official shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event such official is disabled or otherwise unavailable to supervise the making

of such modification.’’.

(b) PROBABLE CAUSE.—Section 105 of that Act (50 U.S.C. 1805)

is amended—

(1) by redesignating subsections (b), (c), (d), (e), (f), and (g)

as subsections (c), (d), (e), (f), (g), and (h), respectively;

(2) by inserting after subsection (a) the following new subsection (b):

‘‘(b) In determining whether or not probable cause exists for

purposes of an order under subsection (a)(3), a judge may consider

past activities of the target, as well as facts and circumstances relating to current or future activities of the target.’’; and

(3) in subsection (d), as redesignated by paragraph (1), by

striking ‘‘subsection (b)(1)’’ and inserting ‘‘subsection (c)(1)’’.

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

(a) REQUIREMENTS REGARDING CERTAIN APPLICATIONS.—Section 303 of the Foreign Intelligence Surveillance Act of 1978 (50

U.S.C. 1823) is amended by adding at the end the following new

subsection:

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

Bureau of Investigation, the Secretary of Defense, the Secretary of

State, or the Director of Central Intelligence, the Attorney General

24

shall personally review under subsection (a) an application under

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

‘‘(B) Except when disabled or otherwise unavailable to make a

request referred to in subparagraph (A), an official referred to in

that subparagraph may not delegate the authority to make a request

referred to in that subparagraph.

‘‘(C) Each official referred to in subparagraph (A) with authority to make a request under that subparagraph shall take appropriate actions in advance to ensure that delegation of such authority

is clearly established in the event such official is disabled or otherwise unavailable to make such request.

‘‘(2)(A) If as a result of a request under paragraph (1) the Attorney General determines not to approve an application under the second sentence of subsection (a) for purposes of making the application under this section, the Attorney General shall provide written

notice of the determination to the official making the request for the

review of the application under that paragraph. Except when disabled or otherwise unavailable to make a determination under the

preceding sentence, the Attorney General may not delegate the responsibility to make a determination under that sentence. The Attorney General shall take appropriate actions in advance to ensure

that delegation of such responsibility is clearly established in the

event the Attorney General is disabled or otherwise unavailable to

make such determination.

‘‘(B) Notice with respect to an application under subparagraph

(A) shall set forth the modifications, if any, of the application that

are necessary in order for the Attorney General to approve the application under the second sentence of subsection (a) for purposes of

making the application under this section.

‘‘(C) Upon review of any modifications of an application set

forth under subparagraph (B), the official notified of the modifications under this paragraph shall modify the application if such official determines that such modification is warranted. Such official

shall supervise the making of any modification under this subparagraph. Except when disabled or otherwise unavailable to supervise

the making of any modification under the preceding sentence, such

official may not delegate the responsibility to supervise the making

of any modification under that preceding sentence. Each such official shall take appropriate actions in advance to ensure that delegation of such responsibility is clearly established in the event such official is disabled or otherwise unavailable to supervise the making

of such modification.’’.

(b) PROBABLE CAUSE.—Section 304 of that Act (50 U.S.C. 1824)

is amended—

(1) by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively; and

(2) by inserting after subsection (a) the following new subsection (b):

‘‘(b) In determining whether or not probable cause exists for

purposes of an order under subsection (a)(3), a judge may consider

past activities of the target, as well as facts and circumstances relating to current or future activities of the target.’’.

25

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

LAW ENFORCEMENT PURPOSES.

(a) INCLUSION OF INFORMATION ON DISCLOSURE IN SEMIANNUAL OVERSIGHT REPORT.—Section 108(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)) is amended—

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

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

‘‘(2) Each report under the first sentence of paragraph (1) shall

include a description of—

‘‘(A) each criminal case in which information acquired

under this Act has been passed for law enforcement purposes

during the period covered by such report; and

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

under this Act has been authorized for use at trial during such

reporting period.’’.

(b) REPORT ON MECHANISMS FOR DETERMINATIONS OF DISCLOSURE OF INFORMATION FOR LAW ENFORCEMENT PURPOSES.—(1) The

Attorney General shall submit to the appropriate committees of Congress a report on the authorities and procedures utilized by the Department of Justice for determining whether or not to disclose information acquired under the Foreign Intelligence Surveillance Act of

1978 (50 U.S.C. 1801 et seq.) for law enforcement purposes.

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

(A) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate.

(B) The Permanent Select Committee on Intelligence and

the Committee on the Judiciary of the House of Representatives.

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

(a) TREATMENT OF CERTAIN SUBJECTS OF INVESTIGATION.— Subsection (c) of section 811 of the Intelligence Authorization Act for

Fiscal Year 1995 (50 U.S.C. 402a) is amended—

(1) in paragraphs (1) and (2), by striking ‘‘paragraph (3)’’

and inserting ‘‘paragraph (5)’’;

(2) by redesignating paragraphs (3), (4), (5), and (6) as

paragraphs (5), (6), (7), and (8), respectively;

(3) by inserting after paragraph (2) the following new paragraph (3):

‘‘(3)(A) The Director of the Federal Bureau of Investigation shall

submit to the head of the department or agency concerned a written

assessment of the potential impact of the actions of the department

or agency on a counterintelligence investigation.

‘‘(B) The head of the department or agency concerned shall—

‘‘(i) use an assessment under subparagraph (A) as an aid

in determining whether, and under what circumstances, the

subject of an investigation under paragraph (1) should be left

in place for investigative purposes; and

‘‘(ii) notify in writing the Director of the Federal Bureau of

Investigation of such determination.

‘‘(C) The Director of the Federal Bureau of Investigation and the

head of the department or agency concerned shall continue to consult, as appropriate, to review the status of an investigation covered

by this paragraph, and to reassess, as appropriate, a determination

26

of the head of the department or agency concerned to leave a subject

in place for investigative purposes.’’; and

(4) in paragraph (5), as so redesignated, by striking ‘‘paragraph (1) or (2)’’ and inserting ‘‘paragraph (1), (2), or (3)’’.

(b) TIMELY PROVISION OF INFORMATION AND CONSULTATION ON

ESPIONAGE INVESTIGATIONS.—Paragraph (2) of that subsection is

further amended—

(1) by inserting ‘‘in a timely manner’’ after ‘‘through appropriate channels’’; and

(2) by inserting ‘‘in a timely manner’’ after ‘‘are consulted’’.

(c) INTERFERENCE WITH FULL FIELD ESPIONAGE INVESTIGATIONS.—That subsection is further amended by inserting after paragraph (3), as amended by subsection (a) of this section, the following

new paragraph (4):

‘‘(4)(A) The Federal Bureau of Investigation shall notify appropriate officials within the executive branch, including the head of

the department or agency concerned, of the commencement of a full

field espionage investigation with respect to an employee within the

executive branch.

‘‘(B) A department or agency may not conduct a polygraph examination, interrogate, or otherwise take any action that is likely to

alert an employee covered by a notice under subparagraph (A) of an

investigation described in that subparagraph without prior coordination and consultation with the Federal Bureau of Investigation.’’.

SEC. 606. ENHANCING PROTECTION OF NATIONAL SECURITY AT THE

DEPARTMENT OF JUSTICE.

(a) AUTHORIZATION FOR INCREASED RESOURCES TO FULFILL

NATIONAL SECURITY MISSION OF THE DEPARTMENT OF JUSTICE.—

There are authorized to be appropriated to the Department of Justice for the activities of the Office of Intelligence Policy and Review

to help meet the increased personnel demands to combat terrorism,

process applications to the Foreign Intelligence Surveillance Court,

participate effectively in counter-espionage investigations, provide

policy analysis on national security issues, and enhance secure computer and telecommunications facilities—

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

(2) $7,500,000 for fiscal year 2002; and

(3) $8,000,000 for fiscal year 2003.

(b) AVAILABILITY OF FUNDS.—(1) No funds authorized to be appropriated by subsection (a) for the Office of Intelligence Policy and

Review for fiscal years 2002 and 2003 may be obligated or expended

until the date on which the Attorney General submits the report required by paragraph (2) for the year involved.

(2)(A) The Attorney General shall submit to the committees of

Congress specified in subparagraph (B) an annual report on the

manner in which the funds authorized to be appropriated by subsection (a) for the Office of Intelligence Policy and Review will be

used by that Office—

(i) to improve and strengthen its oversight of Federal Bureau of Investigation field offices in the implementation of orders under the Foreign Intelligence Surveillance Act of 1978 (50

U.S.C. 1801 et seq.); and

(ii) to streamline and increase the efficiency of the application process under that Act.

27

(B) The committees of Congress referred to in this subparagraph are the following:

(i) The Select Committee on Intelligence and the Committee

on the Judiciary of the Senate.

(ii) The Permanent Select Committee on Intelligence and

the Committee on the Judiciary of the House of Representatives.

(3) In addition to the report required by paragraph (2), the Attorney General shall also submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report that addresses the

issues identified in the semiannual report of the Attorney General

to such committees under section 108(a) of the Foreign Intelligence

Surveillance Act of 1978 (50 U.S.C. 1808(a)) that was submitted in

April 2000, including any corrective actions with regard to such

issues. The report under this paragraph shall be submitted in classified form.

(4) Funds made available pursuant to subsection (a), in any fiscal year, shall remain available until expended.

(c) REPORT ON COORDINATING NATIONAL SECURITY AND INTEL- LIGENCE FUNCTIONS WITHIN THE DEPARTMENT OF JUSTICE.—The

Attorney General shall report to the committees of Congress specified in subsection (b)(2)(B) within 120 days on actions that have

been or will be taken by the Department to—

(1) promote quick and efficient responses to national security issues;

(2) centralize a point-of-contact within the Department on

national security matters for external entities and agencies; and

(3) coordinate the dissemination of intelligence information

within the appropriate components of the Department and the

formulation of policy on national security issues.

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

The Classified Information Procedures Act (18 U.S.C. App.) is

amended by inserting after section 9 the following new section:

‘‘COORDINATION REQUIREMENTS RELATING TO THE PROSECUTION OF

CASES INVOLVING CLASSIFIED INFORMATION

‘‘SEC. 9A. (a) BRIEFINGS REQUIRED.—The Assistant Attorney

General for the Criminal Division and the appropriate United

States attorney, or the designees of such officials, shall provide

briefings to the senior agency official, or the designee of such official, with respect to any case involving classified information that

originated in the agency of such senior agency official.

‘‘(b) TIMING OF BRIEFINGS.—Briefings under subsection (a) with

respect to a case shall occur—

‘‘(1) as soon as practicable after the Department of Justice

and the United States attorney concerned determine that a

prosecution or potential prosecution could result; and

‘‘(2) at such other times thereafter as are necessary to keep

the senior agency official concerned fully and currently informed of the status of the prosecution.

‘‘(c) SENIOR AGENCY OFFICIAL DEFINED.—In this section, the

term ‘senior agency official’ has the meaning given that term in section 1.1 of Executive Order No. 12958.’’.

28

SEC. 608. SEVERABILITY.

If any provision of this title (including an amendment made by

this title), or the application thereof, to any person or circumstance,

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

TITLE VII—DECLASSIFICATION OF

INFORMATION

SEC. 701. SHORT TITLE.

This title may be cited as the ‘‘Public Interest Declassification

Act of 2000’’.

SEC. 702. FINDINGS.

Congress makes the following findings:

(1) It is in the national interest to establish an effective, coordinated, and cost-effective means by which records on specific

subjects of extraordinary public interest that do not undermine

the national security interests of the United States may be collected, retained, reviewed, and disseminated to Congress, policymakers in the executive branch, and the public.

(2) Ensuring, through such measures, public access to information that does not require continued protection to maintain the national security interests of the United States is a key

to striking the balance between secrecy essential to national security and the openness that is central to the proper functioning

of the political institutions of the United States.

SEC. 703. PUBLIC INTEREST DECLASSIFICATION BOARD.

(a) ESTABLISHMENT.—There is established within the executive

branch of the United States a board to be known as the ‘‘Public Interest Declassification Board’’ (in this title referred to as the

‘‘Board’’).

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

(1) To advise the President, the Assistant to the President

for National Security Affairs, the Director of the Office of Management and Budget, and such other executive branch officials

as the Board considers appropriate on the systematic, thorough,

coordinated, and comprehensive identification, collection, review for declassification, and release to Congress, interested

agencies, and the public of declassified records and materials

(including donated historical materials) that are of archival

value, including records and materials of extraordinary public

interest.

(2) To promote the fullest possible public access to a thorough, accurate, and reliable documentary record of significant

United States national security decisions and significant United

States national security activities in order to—

(A) support the oversight and legislative functions of

Congress;

(B) support the policymaking role of the executive

branch;

(C) respond to the interest of the public in national security matters; and

29

(D) promote reliable historical analysis and new avenues of historical study in national security matters.

(3) To provide recommendations to the President for the

identification, collection, and review for declassification of information of extraordinary public interest that does not undermine the national security of the United States, to be undertaken in accordance with a declassification program that has

been established or may be established by the President by Executive order.

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

for National Security Affairs, the Director of the Office of Management and Budget, and such other executive branch officials

as the Board considers appropriate on policies deriving from

the issuance by the President of Executive orders regarding the

classification and declassification of national security information.

(c) MEMBERSHIP.—(1) The Board shall be composed of nine individuals appointed from among citizens of the United States who

are preeminent in the fields of history, national security, foreign policy, intelligence policy, social science, law, or archives, including individuals who have served in Congress or otherwise in the Federal

Government or have otherwise engaged in research, scholarship, or

publication in such fields on matters relating to the national security of the United States, of whom—

(A) five shall be appointed by the President;

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

Representatives;

(C) one shall be appointed by the majority leader of the

Senate;

(D) one shall be appointed by the minority leader of the

Senate; and

(E) one shall be appointed by the minority leader of the

House of Representatives.

(2)(A) Of the members initially appointed to the Board by the

President—

(i) three shall be appointed for a term of four years;

(ii) one shall be appointed for a term of three years; and

(iii) one shall be appointed for a term of two years.

(B) The members initially appointed to the Board by the Speaker of the House of Representatives or by the majority leader of the

Senate shall be appointed for a term of three years.

(C) The members initially appointed to the Board by the minority leader of the House of Representatives or the Senate shall be appointed for a term of two years.

(D) Any subsequent appointment to the Board shall be for a

term of three years.

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

as the original appointment. A member of the Board appointed to

fill a vacancy before the expiration of a term shall serve for the remainder of the term.

(4) A member of the Board may be appointed to a new term on

the Board upon the expiration of the member’s term on the Board,

except that no member may serve more than three full terms on the

Board.

30

(d) CHAIRPERSON; EXECUTIVE SECRETARY.—(1)(A) The President shall designate one of the members of the Board as the Chairperson of the Board.

(B) The term of service as Chairperson of the Board shall be

two years.

(C) A member serving as Chairperson of the Board may be redesignated as Chairperson of the Board upon the expiration of the

member’s term as Chairperson of the Board, except that no member

shall serve as Chairperson of the Board for more than six years.

(2) The Director of the Information Security Oversight Office

shall serve as the Executive Secretary of the Board.

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

its mission, consistent with the availability of funds. A majority of

the members of the Board shall constitute a quorum.

(f) STAFF.—Any employee of the Federal Government may be detailed to the Board, with the agreement of and without reimbursement to the detailing agency, and such detail shall be without interruption or loss of civil, military, or foreign service status or privilege.

(g) SECURITY.—(1) The members and staff of the Board shall,

as a condition of appointment to or employment with the Board,

hold appropriate security clearances for access to the classified

records and materials to be reviewed by the Board or its staff, and

shall follow the guidance and practices on security under applicable

Executive orders and Presidential or agency directives.

(2) The head of an agency shall, as a condition of granting access to a member of the Board, the Executive Secretary of the Board,

or a member of the staff of the Board to classified records or materials of the agency under this title, require the member, the Executive Secretary, or the member of the staff, as the case may be, to—

(A) execute an agreement regarding the security of such

records or materials that is approved by the head of the agency;

and

(B) hold an appropriate security clearance granted or recognized under the standard procedures and eligibility criteria of

the agency, including any special access approval required for

access to such records or materials.

(3) The members of the Board, the Executive Secretary of the

Board, and the members of the staff of the Board may not use any

information acquired in the course of their official activities on the

Board for nonofficial purposes.

(4) For purposes of any law or regulation governing access to

classified information that pertains to the national security of the

United States, and subject to any limitations on access arising

under section 706(b), and to facilitate the advisory functions of the

Board under this title, a member of the Board seeking access to a

record or material under this title shall be deemed for purposes of

this subsection to have a need to know the contents of the record or

material.

(h) COMPENSATION.—(1) Each member of the Board shall receive compensation at a rate not to exceed the daily equivalent of the

annual rate of basic pay payable for positions at ES–1 of the Senior

Executive Service under section 5382 of title 5, United States Code,

for each day such member is engaged in the actual performance of

duties of the Board.

31

(2) Members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5,

United States Code, while away from their homes or regular places

of business in the performance of the duties of the Board.

(i) GUIDANCE; ANNUAL BUDGET.—(1) On behalf of the President,

the Assistant to the President for National Security Affairs shall

provide guidance on policy to the Board.

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

the Chairperson of the Board and the Board, and acting in consultation with the Archivist of the United States, the Assistant to

the President for National Security Affairs, and the Director of the

Office of Management and Budget, shall prepare the annual budget

of the Board.

(j) SUPPORT.—The Information Security Oversight Office may

support the activities of the Board under this title. Such support

shall be provided on a reimbursable basis.

(k) PUBLIC AVAILABILITY OF RECORDS AND REPORTS.—(1) The

Board shall make available for public inspection records of its proceedings and reports prepared in the course of its activities under

this title to the extent such records and reports are not classified

and would not be exempt from release under the provisions of section 552 of title 5, United States Code.

(2) In making records and reports available under paragraph

(1), the Board shall coordinate the release of such records and reports with appropriate officials from agencies with expertise in classified information in order to ensure that such records and reports

do not inadvertently contain classified information.

(l) APPLICABILITY OF CERTAIN ADMINISTRATIVE LAWS.—The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall

not apply to the activities of the Board under this title. However, the

records of the Board shall be governed by the provisions of the Federal Records Act of 1950.

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

EXTRAORDINARY PUBLIC INTEREST.

(a) BRIEFINGS ON AGENCY DECLASSIFICATION PROGRAMS.—(1)

As requested by the Board, or by the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives, the head of any agency with

the authority under an Executive order to classify information shall

provide to the Board, the Select Committee on Intelligence of the

Senate, or the Permanent Select Committee on Intelligence of the

House of Representatives, on an annual basis, a summary briefing

and report on such agency’s progress and plans in the declassification of national security information. Such briefing shall cover the

declassification goals set by statute, regulation, or policy, the agency’s progress with respect to such goals, and the agency’s planned

goals and priorities for its declassification activities over the next

two fiscal years. Agency briefings and reports shall give particular

attention to progress on the declassification of records and materials

that are of archival value or extraordinary public interest to the people of the United States.

(2)(A) The annual briefing and report under paragraph (1) for

agencies within the Department of Defense, including the military

32

departments and the elements of the intelligence community, shall

be provided on a consolidated basis.

(B) In this paragraph, the term ‘‘elements of the intelligence

community’’ means the elements of the intelligence community specified or designated under section 3(4) of the National Security Act

of 1947 (50 U.S.C. 401a(4)).

(b) RECOMMENDATIONS ON AGENCY DECLASSIFICATION PROGRAMS.—(1) Upon reviewing and discussing declassification plans

and progress with an agency, the Board shall provide to the head

of the agency the written recommendations of the Board as to how

the agency’s declassification program could be improved. A copy of

each recommendation shall also be submitted to the Assistant to the

President for National Security Affairs and the Director of the Office of Management and Budget.

(2) Consistent with the provisions of section 703(k), the Board’s

recommendations to the head of an agency under paragraph (1)

shall become public 60 days after such recommendations are sent to

the head of the agency under that paragraph.

(c) RECOMMENDATIONS ON SPECIAL SEARCHES FOR RECORDS OF

EXTRAORDINARY PUBLIC INTEREST.—(1) The Board shall also make

recommendations to the President regarding proposed initiatives to

identify, collect, and review for declassification classified records

and materials of extraordinary public interest.

(2) In making recommendations under paragraph (1), the

Board shall consider the following:

(A) The opinions and requests of Members of Congress, including opinions and requests expressed or embodied in letters

or legislative proposals.

(B) The opinions and requests of the National Security

Council, the Director of Central Intelligence, and the heads of

other agencies.

(C) The opinions of United States citizens.

(D) The opinions of members of the Board.

(E) The impact of special searches on systematic and all

other on-going declassification programs.

(F) The costs (including budgetary costs) and the impact

that complying with the recommendations would have on agency budgets, programs, and operations.

(G) The benefits of the recommendations.

(H) The impact of compliance with the recommendations on

the national security of the United States.

(d) PRESIDENT’S DECLASSIFICATION PRIORITIES.—(1) Concurrent

with the submission to Congress of the budget of the President each

fiscal year under section 1105 of title 31, United States Code, the

Director of the Office of Management and Budget shall publish a

description of the President’s declassification program and priorities, together with a listing of the funds requested to implement

that program.

(2) Nothing in this title shall be construed to substitute or supersede, or establish a funding process for, any declassification program that has been established or may be established by the President by Executive order.

33

SEC. 705. PROTECTION OF NATIONAL SECURITY INFORMATION AND

OTHER INFORMATION.

(a) IN GENERAL.—Nothing in this title shall be construed to

limit the authority of the head of an agency to classify information

or to continue the classification of information previously classified

by that agency.

(b) SPECIAL ACCESS PROGRAMS.—Nothing in this title shall be

construed to limit the authority of the head of an agency to grant

or deny access to a special access program.

(c) AUTHORITIES OF DIRECTOR OF CENTRAL INTELLIGENCE.— Nothing in this title shall be construed to limit the authorities of the

Director of Central Intelligence as the head of the intelligence community, including the Director’s responsibility to protect intelligence

sources and methods from unauthorized disclosure as required by

section 103(c)(6) of the National Security Act of 1947 (50 U.S.C.

403–3(c)(6)).

(d) EXEMPTIONS TO RELEASE OF INFORMATION.—Nothing in

this title shall be construed to limit any exemption or exception to

the release to the public under this title of information that is protected under subsection (b) of section 552 of title 5, United States

Code (commonly referred to as the ‘‘Freedom of Information Act’’),

or section 552a of title 5, United States Code (commonly referred to

as the ‘‘Privacy Act’’).

(e) WITHHOLDING INFORMATION FROM CONGRESS.—Nothing in

this title shall be construed to authorize the withholding of information from Congress.

SEC. 706. STANDARDS AND PROCEDURES.

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

under an Executive order to classify information and the head of

each Federal Presidential library shall designate an employee of

such agency or library to act as liaison to the Board for purposes

of this title.

(2) The Board may establish liaison and otherwise consult with

such other historical and advisory committees as the Board considers appropriate for purposes of this title.

(b) LIMITATIONS ON ACCESS.—(1)(A) Except as provided in

paragraph (2), if the head of an agency or the head of a Federal

Presidential library determines it necessary to deny or restrict access of the Board, or of the agency or library liaison to the Board,

to information contained in a record or material, in whole or in

part, the head of the agency or the head of the library shall promptly notify the Board in writing of such determination.

(B) Each notice to the Board under subparagraph (A) shall include a description of the nature of the records or materials, and a

justification for the determination, covered by such notice.

(2) In the case of a determination referred to in paragraph (1)

with respect to a special access program created by the Secretary of

Defense, the Director of Central Intelligence, or the head of any

other agency, the notification of denial of access under paragraph

(1), including a description of the nature of the Board’s request for

access, shall be submitted to the Assistant to the President for National Security Affairs rather than to the Board.

(c) DISCRETION TO DISCLOSE.—At the conclusion of a declassification review, the head of an agency may, in the discretion of the

head of the agency, determine that the public’s interest in the discloVerDate 11-MAY-2000 19:06 Oct 12, 2000 Jkt 079006 PO 00000 Frm 00033 Fmt 6659 Sfmt 6603 E:\HR\OC\HR969.XXX pfrm01 PsN: HR969
34

sure of records or materials of the agency covered by such review,

and still properly classified, outweighs the Government’s need to

protect such records or materials, and may release such records or

materials in accordance with the provisions of Executive Order

12958 or any successor order to such Executive Order.

(d) DISCRETION TO PROTECT.—At the conclusion of a declassification review, the head of an agency may, in the discretion of the

head of the agency, determine that the interest of the agency in the

protection of records or materials of the agency covered by such review, and still properly classified, outweighs the public’s need for

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

records or materials in accordance with the provisions of Executive

Order 12958 or any successor order to such Executive Order.

(e) REPORTS.—(1)(A) Except as provided in paragraph (2), the

Board shall annually submit to the appropriate congressional committees a report on the activities of the Board under this title, including summary information regarding any denials to the Board

by the head of an agency or the head of a Federal Presidential library of access to records or materials under this title.

(B) In this paragraph, the term ‘‘appropriate congressional committees’’ means the Select Committee on Intelligence and the Committee on Governmental Affairs of the Senate and the Permanent

Select Committee on Intelligence and the Committee on Government

Reform of the House of Representatives.

(2) Notwithstanding paragraph (1), notice that the Board has

been denied access to records and materials, and a justification for

the determination in support of the denial, shall be submitted by the

agency denying the access as follows:

(A) In the case of the denial of access to a special access

program created by the Secretary of Defense, to the Committees

on Armed Services and Appropriations of the Senate and to the

Committees on Armed Services and Appropriations of the House

of Representatives.

(B) In the case of the denial of access to a special access

program created by the Director of Central Intelligence, or by

the head of any other agency (including the Department of Defense) if the special access program pertains to intelligence activities, or of access to any information and materials relating

to intelligence sources and methods, to the Select Committee on

Intelligence of the Senate and the Permanent Select Committee

on Intelligence of the House of Representatives.

(C) In the case of the denial of access to a special access

program created by the Secretary of Energy or the Administrator for Nuclear Security, to the Committees on Armed Services and Appropriations and the Select Committee on Intelligence of the Senate and to the Committees on Armed Services

and Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives.

SEC. 707. JUDICIAL REVIEW.

Nothing in this title limits the protection afforded to any information under any other provision of law. This title is not intended

and may not be construed to create any right or benefit, substantive

or procedural, enforceable against the United States, its agencies, its

officers, or its employees. This title does not modify in any way the

substantive criteria or procedures for the classification of informaVerDate 11-MAY-2000 19:06 Oct 12, 2000 Jkt 079006 PO 00000 Frm 00034 Fmt 6659 Sfmt 6603 E:\HR\OC\HR969.XXX pfrm01 PsN: HR969
35

tion, nor does this title create any right or benefit subject to judicial

review.

SEC. 708. FUNDING.

(a) AUTHORIZATION OF APPROPRIATIONS.—There is hereby authorized to be appropriated to carry out the provisions of this title

amounts as follows:

(1) For fiscal year 2001, $650,000.

(2) For each fiscal year after fiscal year 2001, such sums

as may be necessary for such fiscal year.

(b) FUNDING REQUESTS.—The President shall include in the

budget submitted to Congress for each fiscal year under section

1105 of title 31, United States Code, a request for amounts for the

activities of the Board under this title during such fiscal year.

SEC. 709. DEFINITIONS.

In this title:

(1) AGENCY.—(A) Except as provided in subparagraph (B),

the term ‘‘agency’’ means the following:

(i) An Executive agency, as that term is defined in section 105 of title 5, United States Code.

(ii) A military department, as that term is defined in

section 102 of such title.

(iii) Any other entity in the executive branch that comes

into the possession of classified information.

(B) The term does not include the Board.

(2) CLASSIFIED MATERIAL OR RECORD.—The terms ‘‘classified material’’ and ‘‘classified record’’ include any correspondence, memorandum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, videotape, machine readable records, and other documentary material, regardless of physical form or characteristics,

that has been determined pursuant to Executive order to require

protection against unauthorized disclosure in the interests of

the national security of the United States.

(3) DECLASSIFICATION.—The term ‘‘declassification’’ means

the process by which records or materials that have been classified are determined no longer to require protection from unauthorized disclosure to protect the national security of the United

States.

(4) DONATED HISTORICAL MATERIAL.—The term ‘‘donated

historical material’’ means collections of personal papers donated or given to a Federal Presidential library or other archival repository under a deed of gift or otherwise.

(5) FEDERAL PRESIDENTIAL LIBRARY.—The term ‘‘Federal

Presidential library’’ means a library operated and maintained

by the United States Government through the National Archives

and Records Administration under the applicable provisions of

the Federal Records Act of 1950.

(6) NATIONAL SECURITY.—The term ‘‘national security’’

means the national defense or foreign relations of the United

States.

(7) RECORDS OR MATERIALS OF EXTRAORDINARY PUBLIC INTEREST.—The term ‘‘records or materials of extraordinary public interest’’ means records or materials that—

36

(A) demonstrate and record the national security policies, actions, and decisions of the United States,

including—

(i) policies, events, actions, and decisions which led

to significant national security outcomes; and

(ii) the development and evolution of significant

United States national security policies, actions, and

decisions;

(B) will provide a significantly different perspective in

general from records and materials publicly available in

other historical sources; and

(C) would need to be addressed through ad hoc record

searches outside any systematic declassification program

established under Executive order.

(8) RECORDS OF ARCHIVAL VALUE.—The term ‘‘records of archival value’’ means records that have been determined by the

Archivist of the United States to have sufficient historical or

other value to warrant their continued preservation by the Federal Government.

SEC. 710. EFFECTIVE DATE; SUNSET.

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

that is 120 days after the date of the enactment of this Act.

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

after the date of the enactment of this Act, unless reauthorized by

statute.

TITLE VIII—DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT

SEC. 801. SHORT TITLE.

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

Disclosure Act of 2000’’.

SEC. 802. DESIGNATION.

(a) DEFINITIONS.—In this section:

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

such term under section 551 of title 5, United States Code.

(2) INTERAGENCY GROUP.—The term ‘‘Interagency Group’’

means the Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group established under

subsection (b).

(3) JAPANESE IMPERIAL GOVERNMENT RECORDS.—The term

‘‘Japanese Imperial Government records’’ means classified

records or portions of records that pertain to any person with

respect to whom the United States Government, in its sole discretion, has grounds to believe ordered, incited, assisted, or otherwise participated in the experimentation on, and persecution

of, any person because of race, religion, national origin, or political opinion, during the period beginning September 18, 1931,

and ending on December 31, 1948, under the direction of, or in

association with—

(A) the Japanese Imperial Government;

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(B) any government in any area occupied by the military forces of the Japanese Imperial Government;

(C) any government established with the assistance or

cooperation of the Japanese Imperial Government; or

(D) any government which was an ally of the Japanese

Imperial Government.

(4) RECORD.—The term ‘‘record’’ means a Japanese Imperial Government record.

(b) ESTABLISHMENT OF INTERAGENCY GROUP.—

(1) IN GENERAL.—Not later than 60 days after the date of

the enactment of this Act, the President shall designate the

Working Group established under the Nazi War Crimes Disclosure Act (Public Law 105–246; 5 U.S.C. 552 note) to also carry

out the purposes of this title with respect to Japanese Imperial

Government records, and that Working Group shall remain in

existence for 3 years after the date on which this title takes effect. Such Working Group is redesignated as the ‘‘Nazi War

Crimes and Japanese Imperial Government Records Interagency Working Group’’.

(2) MEMBERSHIP.—Section 2(b)(2) of such Act is amended

by striking ‘‘3 other persons’’ and inserting ‘‘4 other persons who

shall be members of the public, of whom 3 shall be persons appointed under the provisions of this Act in effect on October 8,

1998.’’.

(c) FUNCTIONS.—Not later than 1 year after the date of the enactment of this Act, the Interagency Group shall, to the greatest extent possible consistent with section 803—

(1) locate, identify, inventory, recommend for declassification, and make available to the public at the National Archives

and Records Administration, all classified Japanese Imperial

Government records of the United States;

(2) coordinate with agencies and take such actions as necessary to expedite the release of such records to the public; and

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

on Government Reform and the Permanent Select Committee on

Intelligence of the House of Representatives, and the Committee

on the Judiciary and the Select Committee on Intelligence of the

Senate, describing all such records, the disposition of such

records, and the activities of the Interagency Group and agencies under this section.

(d) FUNDING.—There is authorized to be appropriated such

sums as may be necessary to carry out the provisions of this title.

SEC. 803. REQUIREMENT OF DISCLOSURE OF RECORDS.

(a) RELEASE OF RECORDS.—Subject to subsections (b), (c), and

(d), the Japanese Imperial Government Records Interagency Working Group shall release in their entirety Japanese Imperial Government records.

(b) EXEMPTIONS.—An agency head may exempt from release

under subsection (a) specific information, that would—

(1) constitute an unwarranted invasion of personal privacy;

(2) reveal the identity of a confidential human source, or reveal information about an intelligence source or method when

the unauthorized disclosure of that source or method would

damage the national security interests of the United States;

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(3) reveal information that would assist in the development

or use of weapons of mass destruction;

(4) reveal information that would impair United States

cryptologic systems or activities;

(5) reveal information that would impair the application of

state-of-the-art technology within a United States weapon system;

(6) reveal United States military war plans that remain in

effect;

(7) reveal information that would impair relations between

the United States and a foreign government, or undermine ongoing diplomatic activities of the United States;

(8) reveal information that would impair the current ability

of United States Government officials to protect the President,

Vice President, and other officials for whom protection services

are authorized in the interest of national security;

(9) reveal information that would impair current national

security emergency preparedness plans; or

(10) violate a treaty or other international agreement.

(c) APPLICATIONS OF EXEMPTIONS.—

(1) IN GENERAL.—In applying the exemptions provided in

paragraphs (2) through (10) of subsection (b), there shall be a

presumption that the public interest will be served by disclosure

and release of the records of the Japanese Imperial Government. The exemption may be asserted only when the head of the

agency that maintains the records determines that disclosure

and release would be harmful to a specific interest identified in

the exemption. An agency head who makes such a determination shall promptly report it to the committees of Congress with

appropriate jurisdiction, including the Committee on the Judiciary and the Select Committee on Intelligence of the Senate

and the Committee on Government Reform and the Permanent

Select Committee on Intelligence of the House of Representatives.

(2) APPLICATION OF TITLE 5.—A determination by an agency

head to apply an exemption provided in paragraphs (2) through

(9) of subsection (b) shall be subject to the same standard of review that applies in the case of records withheld under section

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

(d) RECORDS RELATED TO INVESTIGATIONS OR PROSECUTIONS.—

This section shall not apply to records—

(1) related to or supporting any active or inactive investigation, inquiry, or prosecution by the Office of Special Investigations of the Department of Justice; or

(2) solely in the possession, custody, or control of the Office

of Special Investigations.

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

For purposes of expedited processing under section 552(a)(6)(E)

of title 5, United States Code, any person who was persecuted in the

manner described in section 802(a)(3) and who requests a Japanese

Imperial Government record shall be deemed to have a compelling

need for such record.

39

SEC. 805. EFFECTIVE DATE.

The provisions of this title shall take effect on the date that is

90 days after the date of the enactment of this Act.

And the Senate agree to the same.

From the Permanent Select Committee on Intelligence, for

consideration of the House bill and the Senate amendment, and modifications committed to conference:

PORTER J. GOSS,

JERRY LEWIS,

BILL MCCOLLUM,

MICHAEL N. CASTLE,

SHERWOOD L. BOEHLERT,

C.F. BASS,

JIM GIBBONS,

RAY LAHOOD,

HEATHER WILSON,

JULIAN C. DIXON,

SANFORD D. BISHOP, Jr.,

NORMAN SISISKY,

GARY A. CONDIT,

TIM ROEMER,

ALCEE L. HASTINGS,

From the Committee on Armed Services, for consideration

of defense tactical intelligence and related activities:

FLOYD SPENCE,

BOB STUMP,

IKE SKELTON,

Managers on the Part of the House.

RICHARD C. SHELBY, RICHARD G. LUGAR, JON KYL, JAMES INHOFE, ORRIN G. HATCH,

PAT ROBERTS,

CONNIE MACK,

From the Committee on Armed Services:

JOHN WARNER,

RICHARD H. BRYAN,

BOB GRAHAM,

JOHN F. KERRY,

MAX BAUCUS,

CHUCK ROBB,

FRANK R. LAUTENBERG,

Managers on the Part of the Senate.

(40)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R. 4392) to authorize appropriations for fiscal year 2001 for intelligence and the intelligence-related activities of the United States government, the

Community Management Account, and the Central Intelligence

Agency Retirement and Disability System, and for other purposes,

submit the following joint statement to the House and the Senate

in explanation of the effect of the action agreed upon by the managers and recommended in the accompanying conference report:

The managers agree that the congressionally directed actions

described in the House bill, the Senate amendment, the respective

committee reports, and classified annexes accompanying H.R. 4392

and S. 2507, should be undertaken to the extent that such congressionally directed actions are not amended, altered, or otherwise

specifically addressed in either this Joint Explanatory Statement or

in the classified annex to the conference report on the bill H.R.

4392.

REPORT OF THE NATIONAL COMMISSION ON TERRORISM

Pursuant to Public Law 105–277, the National Commission on

Terrorism, chaired by former Ambassador L. Paul Bremer III, submitted its report to Congress in June 2000. The managers commend the Commission for its effort and contribution on this critical

issue.

Many of the Commission’s findings strongly support positions

Congress has taken. The Commission report reinforces the assessment by Congress of the scope and evolving nature of the international terrorist threat. The Commission further highlights the

managers’ view that good intelligence is one of the best tools

against international terrorism, and that there is an urgent need

to rebuild the NSA.

The Commission determined that some policies and other restrictions are hindering efforts to counter terrorism. For example,

the Commission highlighted—with concern—the complex manner

in which the Justice Department implements the Foreign Intelligence Surveillance Act (FISA). It noted, however, that the Attorney General managed to streamline the Department’s processes for

considering FISA warrants-still in a manner fully consistent with

the law-in order to address the myriad terrorist threats during the

millennium period. The Commission noted that the United States

government was much more effective in pursuing terrorists during

that period. The managers appreciate the Commission’s support for

the efforts of all involved in countering the millennium threats.

41

The Commission recommended the elimination of the 1995 DCI

guidelines requiring approvals from CIA headquarters before terrorist informants who have human rights violations in their background can be recruited. The rationale stated by the Commissioners was that it should be understood by all in the Intelligence

Community that aggressive recruitment of human intelligence

sources is one of the highest priorities. The managers share this

priority, and will continue to examine the implementation of these

important guidelines. The managers are concerned, however, that

there may be intangible impediments to recruitment of such terrorist informants. For instance, there may be some in CIA headquarters who believe that Congress and the American public will

not support a CIA relationship with a ‘‘terrorist organization insider,’’ or close associates of terrorists, even though such persons

may often be in the best or only position to provide valuable

counterterrorism intelligence. The managers applaud the determined effort of the CIA to ensure that all case officers understand

the commitment of the Agency to the recruitment of persons with

access to information on terrorist organizations or access to the organizations themselves. The managers also insist that appropriate

recruitment of such sources receives the continued and necessary

support from CIA management at all levels.

Unquestionably, a robust and effective intelligence effort will,

from time to time, require U.S. interaction with extremely dangerous and truly unsavory characters. After all, it is an unfortunate matter of fact that individuals with reputable backgrounds

rarely yield the key intelligence leads that are critical to the

counterterrorist efforts of the United States.

The managers strongly support an aggressive counterterrorism

program, and urge all intelligence officers to continue their heroic

efforts to deter terrorist activities against U.S. citizens and interests at home and around the world.

TITLE I—INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION FOR APPROPRIATIONS

Section 101 of the conference report lists the departments,

agencies, and other elements of the United States government for

whose intelligence and intelligence-related activities the Act authorizes appropriations for fiscal year 2001. Section 101 is identical

to section 101 of the House bill and section 101 of the Senate

amendment.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS

Section 102 of the conference report makes clear that the details of the amounts authorized to be appropriated for intelligence

and intelligence-related activities and applicable personnel ceilings

covered under this title for fiscal year 2001 are contained in a classified Schedule of Authorizations. The classified Schedule of Authorizations is incorporated into the Act by this section. The Schedule of Authorizations shall be made available to the Committees on

Appropriations of the Senate and House of Representatives and to

the President. The classified annex provides the details of the

42

Schedule. Section 102 is identical to section 102 of the House bill

and section 102 of the Senate amendment.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS

Section 103 of the conference report authorizes the Director of

Central Intelligence, with the approval of the Director of the Office

of Management and Budget, in fiscal year 2001 to authorize employment of civilian personnel in excess of the personnel ceilings

applicable to the components of the Intelligence Community under

section 102 by an amount not to exceed two percent of the total of

the ceilings applicable under section 102. The Director of Central

Intelligence may exercise this authority only if necessary to the

performance of important intelligence functions. Any exercise of

this authority must be reported to the intelligence committees of

the Congress.

The managers emphasize that the authority conferred by section 103 is not intended to permit wholesale increases in personnel

strength in any intelligence component. Rather, the section provides the Director of Central Intelligence with flexibility to adjust

personnel levels temporarily for contingencies and for overages

caused by an imbalance between hiring of new employees and attrition of current employees. The managers do not expect the Director

of Central Intelligence to allow heads of intelligence components to

plan to exceed levels set in the Schedule of Authorizations except

for the satisfaction of clearly identified hiring needs that are consistent with the authorization of personnel strengths in this bill. In

no case is this authority to be used to provide for positions denied

by this bill. Section 103 is identical to section 103 of the House bill

and section 103 of the Senate amendment.

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT

Section 104 of the conference report authorizes appropriations

for the Community Management Account (CMA) of the Director of

Central Intelligence (DCI) and sets the personnel end-strength for

the Intelligence Community management staff for fiscal year 2001.

Subsection (a) authorizes appropriations of $163,231,000 for

fiscal year 2001 for the activities of the CMA of the DCI. This

amount includes funds identified for the Advanced Research and

Development Committee and the Advanced Technology Group,

which shall remain available until September 30, 2002.

Subsection (b) authorizes 313 full-time personnel for the Community Management Staff for fiscal year 2001 and provides that

such personnel may be permanent employees of the Staff or detailed from various elements of the United States government.

Subsection (c) authorizes additional appropriations and personnel for the CMA as specified in the classified Schedule of Authorizations and permits these additional amounts to remain available through September 30, 2002.

Subsection (d) requires that, except as provided in Section 113

of the National Security Act of 1947, or for temporary situations of

less than one year, personnel from another element of the United

States government be detailed to an element of the CMA on a reimbursable basis.

43

Subsection (e) authorizes $34,100,000 of the amount authorized

in subsection (a) to be made available for the National Drug Intelligence Center (NDIC). Subsection (e) requires the DCI to transfer

these funds to the Department of Justice to be used for NDIC activities under the authority of the Attorney General and subject to

section 103(d)(1) of the National Security Act. Subsection (e) is

similar to subsection (e) of the House bill and subsection (e) of the

Senate amendment.

The managers note that since Fiscal Year 1997 the Community

Management Account has included authorization for appropriations

for the National Drug Intelligence Center (NDIC). Over that time,

the funding level for the NDIC has remained unchanged. The committees periodically have expressed concern about the effectiveness

of NDIC and its ability to fulfill the role for which it was created.

The managers are encouraged, however, by the NDIC’s recent improved performance and by the refocused role for the organization,

which was outlined in the Administration’s General Counterdrug

Intelligence Plan earlier this year. The managers agree to provide

$7.1 million over the requested amount for the NDIC and instruct

the Director of the NDIC to provide a spending plan to the intelligence committees and to the appropriations committees within 90

days of enactment of this Act.

SEC. 105. TRANSFER AUTHORITY OF THE DIRECTOR OF CENTRAL

INTELLIGENCE

Section 105 is identical to Section 105 of the House bill. The

Senate amendment had no similar provision. The Senate recedes.

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS

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

TITLE III—GENERAL PROVISIONS

Subtitle A—Intelligence Community

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS

AUTHORIZED BY LAW

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

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES

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

SEC. 303. SENSE OF THE CONGRESS ON INTELLIGENCE COMMUNITY

CONTRACTING

Section 303 is identical to section 303 of the House bill. The

Senate amendment had no similar provision. The Senate recedes to

the House provision.

44

SEC. 304. PROHIBITION ON UNAUTHORIZED DISCLOSURE OF CLASSIFIED

INFORMATION

Section 304 is identical to section 303 of the Senate amendment. The House bill had no similar provision. The House recedes.

Unauthorized disclosures of sensitive intelligence information

are of great concern. Such disclosures, regardless of whether they

involve an intelligence ‘‘success’’ or ‘‘failure,’’ can compromise irreplaceable sources and methods, and in some cases, can directly endanger lives.

The managers note that the current Executive Order governing

classified national security information (E.O. 12958) requires that,

in order to classify information, the original classifying authority

must determine that unauthorized disclosure of the information

reasonably could be expected to result in damage to the national

security and the original classification authority must be able to

identify or describe the damage. The managers further note that

the current Executive Order specifically prohibits the classification

of information in order to conceal violations of law, inefficiency, or

administrative error or to prevent embarrassment to the government.

It is the intent of the managers that the government may meet

its burden of proof under this statute by proving that the information was classified under the applicable statute or Executive Order.

The government should not be required to prove that damage to

the national security actually has or will result from the unauthorized disclosure. Subsection (c)(2) is not intended by the managers

to create a defense based on a technical error in the classification

markings, or the lack thereof, or to create a right of the defendant

to dispute the propriety of the President’s classification decision.

The managers believe that requiring the government to prove that

the classified information is or has been properly classified under

an applicable statute or Executive Order strikes the appropriate

balance between protecting only that information that would damage the national security if disclosed and not creating a burden of

proof that is so great that the government could never meet its

burden without having to disclose unnecessarily additional classified information.

SEC. 305. AUTHORIZATION FOR TRAVEL ON ANY COMMON CARRIER

Section 305 is similar to Section 304 of the House bill. The

Senate amendment had no similar provision. The Senate recedes,

with amendment.

Section 4(b)(3) of the CIA Act of 1949, as amended, provides

the DCI with authority to promulgate regulations governing travel

requirements for CIA officers and other federal government employees or members of the Armed Services detailed to the CIA.

Subject to regulation, CIA employees and detailees to the CIA

may be permitted to use non-American-flag airlines when it is determined to be essential to satisfy mission requirements. The managers believe that this type of flexibility is necessary for other personnel of the Intelligence Community carrying out intelligence community mission requirements, given the nature of the work of the

Intelligence Community. This provision is not intended to superVerDate 11-MAY-2000 19:06 Oct 12, 2000 Jkt 079006 PO 00000 Frm 00044 Fmt 6604 Sfmt 6601 E:\HR\OC\HR969.XXX pfrm01 PsN: HR969
45

sede the CIA’s current regulation relating to this matter. Rather,

it is a complementary provision meant to ensure an appropriate

level of latitude to the Intelligence Community to carry out the

critically important activities in pursuit and defense of the national

security.

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

U.S.

Section 306 is similar to Section 306 of the House bill. The

Senate amendment had no similar provision. The Senate recedes,

with technical amendment.

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

COMMUNITY

Section 307 is similar to Section 304 of the Senate amendment.

The House bill had no similar provision. The House recedes, with

technical modifications.

SEC. 308. APPLICABILITY TO LAWFUL UNITED STATES INTELLIGENCE

ACTIVITIES OF FEDERAL LAWS IMPLEMENTING INTERNATIONAL

TREATIES AND AGREEMENTS

Section 308 is identical to Sec. 305 of the Senate amendment.

The House had no similar provision. The House recedes.

The managers note that section 308 applies only to intelligence

activities of the United States. By its clear terms, this provision

deals solely with the application of U.S. law to U.S. intelligence activities. Unquestionably, it does not address the issue of the lawfulness of such activities under the laws of foreign countries. It is also

not meant to suggest that a person violating the laws of the United

States may claim any authorization from a foreign government as

justification for a violation of a U.S. law, or as a defense in a prosecution for such violation.

SEC. 309. LIMITS ON HANDLING, RETENTION, AND STORAGE OF

CERTAIN CLASSIFIED MATERIALS BY THE DEPARTMENT OF STATE

Section 309 is identical to Section 306 of the Senate amendment. The House addressed this issue in the classified annex to the

report accompanying the bill H.R. 4392, but had no similar statutory proposal. The House recedes.

SEC. 310. DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE

Section 310 is nearly identical to Section 309 of the Senate

amendment. The House had no similar provision. The House recedes, with technical amendments. The managers agreed to technical modifications pertaining to the exact description and location

of the parcel of land in Washington, D.C., to be designated in honor

of the retiring senior Senator from the State of New York.

SEC. 311. NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION PAY

ACT

Neither the House bill nor the Senate amendment contained

similar provisions.

46

Section 311 establishes the ‘‘National Security Agency Voluntary Separation Act.’’ This provision grants to the Director of the

National Security Agency (NSA) the authority to establish a program for early retirement and voluntary separation pay for NSA

employees. The provision allows the Director to either offer early

retirement for employees who are at least 50 years of age and have

20 years of service, or who have at least 25 years of service, regardless of age. The Director is also permitted to offer $25,000 in separation pay to eligible applicants. The Director is empowered to

deny an employee’s application for benefit under this section.

The NSA is in a unique period of transition, the success of

which will affect the overall capabilities of the Intelligence Community for the next several decades. The Director of Central Intelligence has claimed that the modernization of NSA is his number

one priority. There are several aspects to the NSA modernization

effort that range from overhauling technical collection, to restructuring acquisition, to new personnel programs, including major

outsourcing initiatives. The Director needs the flexibility to institute whatever personnel changes he deems necessary if NSA modernization is to be successful. This provision will give him that

needed flexibility. This section is modeled after the CIA Voluntary

Separation Pay Act (Public Law 103–36).

The managers understand that such authority could be seen as

setting a precedent, and that other agencies may wish to have such

authorities as well. In the managers’ view, the situation at NSA is

unique, not only in the enormity of the task of modernization, but

also in the direct impact on national security should NSA modernization fail. Therefore, the managers believe that this is a necessary step to take for the specific circumstance confronting the

NSA.

Subtitle B—Diplomatic Telecommunications Service Program Office

(DTS–PO)

SEC. 321. REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS

SERVICE PROGRAM OFFICE

Section 321 reorganizes the Diplomatic Telecommunications

Service Program Office (DTS–PO). The managers agree that the

current DTS–PO management and Diplomatic Telecommunication

Service (DTS) operations structure is fundamentally flawed and believe that a new construct for managing the DTS is necessary.

They further agree that retaining the current DTS–PO organization, but with a new management approach, is the best means for

improving DTS support to all U.S. government users. Funding has

been authorized in this legislation for the purposes of overhauling

the DTS–PO management and correcting communications and security deficiencies within the DTS.

The current organizational structure requires that both the

DTS–PO Director and Deputy Director concur on technical, funding, and operational issues before actions can be taken. This management-by-consensus approach abrogates the authority of the Director to make final decisions. It is clear to the managers that this

management approach is not working, and that the parent organizations inherently lack the ability, and the will, to work together

47

to resolve their mutual DTS issues of concern. Further, it is clear

to the managers that the Office of Management and Budget has

been frustrated in its obligations to ensure that executive branch

organizations work together. Of significant concern is that, as currently operated, DTS–PO has exhibited substantial interruptions in

service and presents serious security concerns for the protection of

sensitive government communications. Because of these concerns,

the managers, and the Chairmen and Ranking Minority Members

of the other committees of jurisdiction, believe that a new management structure for DTS–PO is required and decidedly overdue.

Similarly, they are of the view that a transition to a more modern

and effective telecommunications system, based on commercial

best-business practices, is warranted.

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

Section 322 establishes the position of Chief Executive Officer

(CEO) and a DTS board of directors. The CEO is to be ultimately

responsible for the management of the DTS–PO and operation of

the DTS. The managers direct the OMB to recruit and hire a communications professional from outside the DTS–PO and the U.S.

government for appointment as the CEO. This appointment is to be

made no later than May 1, 2001. The CEO is granted the authorities necessary for managing, ensuring funding for, and operating

the DTS, the DTS–PO, and their personnel. It is the managers’ intent that the CEO will be the final decision authority for implementing necessary changes to the DTS, and for managing all communications, technology, and security upgrades to satisfy DTS

United States user requirements. The managers further direct the

CEO to certify that the operational and security requirements and

practices of DTS conform to the highest security requirements and

practices required by any U.S. government agency utilizing the

DTS.

Consistent with Section 305 of the ‘‘Admiral James W. Nance

and Meg Donovan Foreign Relations Authorization Act, Fiscal

Years 2000 and 2001’’ (section 305 of appendix G of Public Law

106–113), the CEO shall: (1) ensure that those enhancements of,

and the provision of service for, telecommunications capabilities

that involve the national security interests of the United States receive the highest prioritization; (2) confirm the termination of all

leases for satellite systems located at posts in criteria countries,

unless all maintenance and servicing of the satellite system is undertaken by United States citizens who have received appropriate

security clearances; and (3) implement a system of charges for utilization of bandwidth by all participating agencies, and institute a

comprehensive charge-back system to recover all, or substantially

all, of the other costs of telecommunications services provided

through the DTS to each agency.

Beginning August 1, 2001, and every six months thereafter,

the CEO shall submit a report to the oversight committees regarding the activities of DTS–PO during the preceding six months, the

current capabilities of DTS–PO, and the priorities of DTS–PO for

the subsequent six month period. The semi-annual report shall include a discussion of any administrative, budgetary, legislative, or

48

management issues that hinder the ability of DTS–PO to fulfill its

mandate.

Upon the appointment of a CEO on May 1, 2001, the current

positions of Director and Deputy Director of DTS–PO shall be

eliminated. To assist the CEO, and to perform such duties as the

CEO may require, there shall be two Deputy Executive Officers.

The DTS–PO management staff will consist of not more than four

other employees. The Director of the Office of Management and

Budget (OMB) shall prescribe the rates of basic pay for the CEO,

the two Deputy Executive Officers, and any other DTS–PO employees.

SEC. 323. DIPLOMATIC TELECOMMUNICATIONS SERVICE OVERSIGHT

BOARD

Section 323 establishes a Diplomatic Telecommunications Service Oversight Board (‘‘the Board’’). The Board shall perform an

oversight function with respect to DTS, DTS–PO, and the CEO.

Specifically, the Board shall be empowered to review and approve:

overall strategies, policies and goals established by DTS–PO; financial plans, budgets and periodic financing requests developed by

DTS–PO; overall performance relative to approved budget plans;

any DTS–PO reports, documents, and records; and audits of DTS–

PO. The CEO will be responsible to this three-member board,

which will be chaired by the Deputy Director of OMB. The two

other board members shall be appointed by the President, as indicated in the classified annex to this bill. Decisions and directives

of the Board shall require a majority vote of the Board. Although

the Board will exercise oversight of, and provide management direction to, the CEO, the managers have authorized the CEO to control the day-to-day management and operations of DTS–PO and the

DTS.

SEC. 324. REPORTING REQUIREMENTS AND GENERAL PROVISIONS

Section 324 requires that the Director of the OMB submit a report to the oversight committees not later than March 1, 2001. This

report shall provide details on steps taken by the executive branch

to restructure DTS–PO’s management, to enhance the security

practices of agencies participating in the DTS, and to develop a

spending plan for the additional funds provided for the operation

and improvement of DTS for fiscal year 2001.

The managers have determined that the most flexible procurement authority available to DTS–PO users shall be available to the

DTS–PO. The notification requirements of sections 502, 504, and

505 of the National Security Act of 1947, as amended (50 U.S.C.

413a, 414, and 415, respectively) shall apply to DTS–PO, the CEO,

and the Board.

It is the intent of Congress that the CEO shall have total and

immediate insight into the complete operations of current and future DTS–PO and DTS operations. The managers expect the Secretary of State and the head of the other agency users to ensure

this access. Likewise, Congress intends that the CEO can request

the assistance of the Inspectors General of any agency user of the

DTS and DTS–PO. The CEO should receive all reports from the

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IGs that relate to security of applicable overseas facilities and the

DTS.

It is the intent of Congress that the Secretary of State, and the

head of any other agency user of DTS, shall support the decisions

and recommendations of the CEO in keeping with the current operation and transition of the DTS system. The CEO is expected to report any difficulties or obstacles presented by the agency users of

the DTS in the implementation of these provisions.

TITLE IV—CENTRAL INTELLIGENCE AGENCY

SEC. 401. MODIFICATIONS TO CENTRAL INTELLIGENCE AGENCY’S

CENTRAL SERVICE PROGRAM

Section 401 is similar to Section 401 of the House bill and Section 403 of the Senate Amendment. The Senate recedes, with a

technical modification.

There is concern among the managers relating to the costs levied by the Central Services Program upon the Langley Children’s

Center. These costs, for various and miscellaneous items or services

provided by the Central Services Program to the non-profit Center,

seem overly burdensome. The Center is of great utility to the dedicated and hard-working parents employed by the CIA. It is the expectation of the managers that the Central Services Program, in an

effort to recoup costs, would not impose costs that would have an

adverse impact on the continuity of the services provided by the

Langley Children’s Center.

SEC. 402. TECHNICAL CORRECTIONS

The House bill and the Senate amendment contained similar

provisions. The Senate recedes to the House, with technical modifications.

SEC. 403. EXPANSION OF INSPECTOR GENERAL ACTIONS REQUIRING A

REPORT TO CONGRESS

Section 403 is similar to Section 401 of the Senate amendment.

The House had no similar provision. The House recedes, with technical modifications.

The conferees intend that this additional reporting requirement identified in the new Section 17(d)(3)(B) will arise when an

investigation, inspection, or audit carried out by the Inspector General focuses upon the official identified in (i) or (ii), specifically, as

opposed to an investigation, inspection, or audit of the office that

the official heads, with only incidental references to the official.

SEC. 404. DETAIL OF EMPLOYEES TO THE NATIONAL RECONNAISSANCE

OFFICE

Section 404 is identical to Section 404 of the Senate amendment. The House had no similar provision. The House recedes. The

managers request that the DCI supply the intelligence committees

with a report to be submitted annually, beginning October 1, 2001,

that includes the number of detailees assigned pursuant to this

provision and a description of the positions filled by the detailees.

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

OF LAND

Section 405 is similar to Section 405 of the Senate amendment.

The House had no similar provision. The House recedes, with a

technical amendment.

SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOYEES FOR

REIMBURSEMENT FOR PROFESSIONAL LIABILITY INSURANCE

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

TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

SEC. 501. CONTRACTING AUTHORITY FOR THE NATIONAL

RECONNAISSANCE OFFICE

Section 501 is similar to Section 502 of the House bill. The

Senate amendment had no similar provision. The Senate recedes,

with a technical amendment.

SEC. 502. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN EXPERI- MENTAL PERSONNEL PROGRAM FOR CERTAIN SCIENTIFIC AND TECH- NICAL PERSONNEL

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

SEC. 503. MEASUREMENT AND SIGNATURE INTELLIGENCE

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

TITLE VI—COUNTERINTELLIGENCE MATTERS

THE ‘‘COUNTERINTELLIGENCE REFORM ACT OF 2000’’

Title VI includes Title VI of the Senate amendment. This language is similar to S. 2089, introduced on February 24, 2000. The

bill was reported by the Senate Select Committee on Intelligence

on July 20, 2000 (S. Report No. 106–352). The Senate Judiciary

Committee had previously acted favorably upon the bill. The House

had no similar provision. The House recedes, with minor modifications.

Title VI, as passed by the Senate on October 2, 2000, included

a limitation on the obligation and expenditure of funds authorized

to be appropriated for fiscal year 2001 for the Office of Intelligence

Policy and Review (OIPR) within the Department of Justice until

two reports were submitted to the appropriate committees. These

reports were to describe the use to which the funds would be put

in order to improve the efficiency of the FBI and the OIPR in the

application and implementation process under the Foreign Intelligence Surveillance Act. In anticipation of passage of the Senate

amendment, the Department of Justice submitted a draft version

of the required reports to the congressional committees. Given the

prompt response, the limitation for the obligation and expenditure

of fiscal year 2001 funds is removed. The managers have left in

place, however, the similar limitation on funds for fiscal years 2002

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and 2003, pending the receipt of the recurring annual report required by section 606(b)(2).

TITLE VII—DECLASSIFICATION OF INFORMATION

‘‘THE PUBLIC INTEREST DECLASSIFICATION ACT’’

Title VII includes Title VIII of the Senate amendment. This

title was based on the bills H.R. 3152 and S. 1801, introduced in

the House and Senate in the 106th Congress, respectively. The

House had no similar provision. The House recedes, with technical

amendments.

Section 701 states that the title may be cited as the ‘‘Public Interest Declassification Act of 2000.’’ Section 702 makes findings

concerning the importance of public access to information that does

not require continued protection to maintain the national security

interests of the United States. Section 703 establishes a nine-person board to advise the President and other senior executive

branch officials on classification and declassification policies, particularly on policies concerning the systematic, thorough, coordinated, and comprehensive review for declassification of records and

materials that are of archival value, including records and materials of extraordinary public interest. The Board is also charged

with promoting the fullest possible public access to a thorough, accurate, and reliable documentary record of significant US national

security decisions and significant US national security activities.

Section 704 sets forth the requirement that heads of agencies

with the authority to classify information must brief the Board on

an annual basis, at the request of the Board or the intelligence

oversight committees, on such agency’s declassification policies and

practices. The Board is to provide the agency with its recommendations on how the agency’s declassification program could be improved. The Board is also responsible for making recommendations

to the President on initiatives to identify, collect, and review for declassification classified records and materials of extraordinary public interest. The section also requires the Director of the Office of

Management and Budget to publish a description of the President’s

declassification program and priorities, together with a listing of

funds requested to implement that program, concurrent with the

submission to Congress of the President’s budget each fiscal year.

Sections 705, 706, and 707 set forth the standards governing

access to and protection of national security information and other

information covered under this title. Section 708 provides an authorization of appropriations for the Board. Section 709 sets forth

definitions of the terms used in Title VII. The effective date of Title

VII is 120 days after the date of enactment of the Act. The provisions of the title expire four years after the date of enactment of

the Act.

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TITLE VIII—DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL

GOVERNMENT

THE ‘‘NAZI WAR CRIMES AND JAPANESE IMPERIAL GOVERNMENT

DISCLOSURE ACT OF 2000’’

Title VIII is similar to title VII of the Senate amendment,

which was identical to the language of H.R. 3561 and S. 1902. The

House had no similar provision. The House recedes, with modifications.

The modifications require that the interagency working group

established pursuant to the Nazi War Crimes Disclosure Act of

1999 (P.L. 105–246) be expanded and assigned the responsibility of

also carrying out the requirements of this title. The managers decided this was the most cost-effective approach, rather than establishing a new interagency working group.

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From the Permanent Select Committee on Intelligence, for

consideration of the House bill and the Senate amendment, and modifications committed to conference:

PORTER J. GOSS, JERRY LEWIS, BILL MCCOLLUM, MICHAEL N. CASTLE, SHERWOOD L. BOEHLERT, C.F. BASS, JIM GIBBONS, RAY LAHOOD, HEATHER WILSON, JULIAN C. DIXON, SANFORD D. BISHOP, Jr.,

NORMAN SISISKY, GARY A. CONDIT, TIM ROEMER, ALCEE L. HASTINGS, From the Committee on Armed Services, for consideration

of defense tactical intelligence and related activities:

FLOYD SPENCE, BOB STUMP, IKE SKELTON, Managers on the Part of the House.

RICHARD C. SHELBY,

RICHARD G. LUGAR,

JON KYL,

JAMES INHOFE,

ORRIN G. HATCH,

PAT ROBERTS,

CONNIE MACK,

From the Committee on Armed Services:

JOHN WARNER,

RICHARD H. BRYAN,

BOB GRAHAM,

JOHN F. KERRY,

MAX BAUCUS,

CHUCK ROBB,

FRANK R. LAUTENBERG,

Managers on the Part of the Senate.

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