PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2831

Public Law 106–567

106th Congress

An Act

To authorize appropriations for fiscal year 2001 for intelligence and intelligencerelated activities of the United States Government, the Community Management

Account, and the Central Intelligence Agency Retirement and Disability System,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Authorization Act for Fiscal Year 2001’’.

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

is as follows:

Sec. 1. Short title; table of contents.

TITLE I—INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.

Sec. 102. Classified schedule of authorizations.

Sec. 103. Personnel ceiling adjustments.

Sec. 104. Community management account.

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

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

TITLE III—GENERAL PROVISIONS

Subtitle A—Intelligence Community

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

Sec. 302. Restriction on conduct of intelligence activities.

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

Sec. 304. National Security Agency voluntary separation.

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

collection personnel.

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

secrets.

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

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

laws implementing international treaties and agreements.

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

Sec. 310. Designation of Daniel Patrick Moynihan Place.

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

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

Sec. 322. Personnel.

Sec. 323. Diplomatic Telecommunications Service Oversight Board.

Sec. 324. General provisions.

TITLE IV—CENTRAL INTELLIGENCE AGENCY

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

Intelligence

Authorization

Act for Fiscal

Year 2001.

Dec. 27, 2000

[H.R. 5630]

114 STAT. 2832 PUBLIC LAW 106–567—DEC. 27, 2000

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. Role of Director of Central Intelligence in experimental personnel program for certain scientific and technical personnel.

Sec. 502. Measurement and signature intelligence.

TITLE VI—COUNTERINTELLIGENCE MATTERS

Sec. 601. Short title.

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

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

Act of 1978.

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

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

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

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

classified information.

Sec. 608. Severability.

TITLE VII—DECLASSIFICATION OF INFORMATION

Sec. 701. Short title.

Sec. 702. Findings.

Sec. 703. Public Interest Declassification Board.

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

archival value or extraordinary public interest.

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

Sec. 706. Standards and procedures.

Sec. 707. Judicial review.

Sec. 708. Funding.

Sec. 709. Definitions.

Sec. 710. Sunset.

TITLE VIII—DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL

GOVERNMENT

Sec. 801. Short title.

Sec. 802. Designation.

Sec. 803. Requirement of disclosure of records.

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

records.

Sec. 805. Effective date.

TITLE I—INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

2001 for the conduct of the intelligence and intelligence-related

activities of the following elements of the United States Government:

(1) The Central Intelligence Agency.

(2) The Department of Defense.

(3) The Defense Intelligence Agency.

(4) The National Security Agency.

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

Navy, and the Department of the Air Force.

(6) The Department of State.

(7) The Department of the Treasury.

(8) The Department of Energy.

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2833

(9) The Federal Bureau of Investigation.

(10) The National Reconnaissance Office.

(11) The National Imagery and Mapping Agency.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

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

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

for the conduct of the intelligence and intelligence-related activities

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

classified Schedule of Authorizations prepared to accompany the

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

Congress (House Report 106–969).

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZA- TIONS.—The Schedule of Authorizations shall be made available

to the Committees on Appropriations of the Senate and House

of Representatives and to the President. The President shall provide

for suitable distribution of the Schedule, or of appropriate portions

of the Schedule, within the executive branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

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

Director of the Office of Management and Budget, the Director

of Central Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2001

under section 102 when the Director of Central Intelligence determines that such action is necessary to the performance of important

intelligence functions, except that the number of personnel

employed in excess of the number authorized under such section

may not, for any element of the intelligence community, exceed

2 percent of the number of civilian personnel authorized under

such section for such element.

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

Central Intelligence shall promptly notify the Permanent Select

Committee on Intelligence of the House of Representatives and

the Select Committee on Intelligence of the Senate whenever the

Director exercises the authority granted by this section.

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated for the Community Management Account of

the Director of Central Intelligence for fiscal year 2001 the sum

of $163,231,000. Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for

the Advanced Research and Development Committee shall remain

available until September 30, 2002.

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

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

30, 2001. Personnel serving in such elements may be permanent

employees of the Community Management Account or personnel

detailed from other elements of the United States Government.

(c) CLASSIFIED AUTHORIZATIONS.—

(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to

amounts authorized to be appropriated for the Community

Management Account by subsection (a), there are also authorized to be appropriated for the Community Management

Account for fiscal year 2001 such additional amounts as are

President.

114 STAT. 2834 PUBLIC LAW 106–567—DEC. 27, 2000

specified in the classified Schedule of Authorizations referred

to in section 102(a). Such additional amounts shall remain

available until September 30, 2002.

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

are hereby authorized such additional personnel for such elements as of that date as are specified in the classified Schedule

of Authorizations.

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

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

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

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

Management Account from another element of the United States

Government shall be detailed on a reimbursable basis, except that

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

Intelligence.

(e) NATIONAL DRUG INTELLIGENCE CENTER.—

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

the National Drug Intelligence Center. Within such amount,

funds provided for research, development, test, and evaluation

purposes shall remain available until September 30, 2002, and

funds provided for procurement purposes shall remain available

until September 30, 2003.

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

for the National Drug Intelligence Center under paragraph

(1). The Attorney General shall utilize funds so transferred

for the activities of the National Drug Intelligence Center.

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

Intelligence Center may not be used in contravention of the

provisions of section 103(d)(1) of the National Security Act

of 1947 (50 U.S.C. 403–3(d)(1)).

(4) AUTHORITY.—Notwithstanding any other provision of

law, the Attorney General shall retain full authority over the

operations of the National Drug Intelligence Center.

SEC. 105. TRANSFER AUTHORITY OF THE DIRECTOR OF CENTRAL

INTELLIGENCE.

(a) LIMITATION ON DELEGATION OF AUTHORITY OF DEPARTMENTS

TO OBJECT TO TRANSFERS.—Section 104(d)(2) of the National Security Act of 1947 (50 U.S.C. 403–4(d)(2)) is amended—

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

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

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

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

the Secretary or head’’; and

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

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

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

by the Secretary or head of the department involved.

21 USC 873 note.

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2835

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

to object to such a transfer may be delegated by the Secretary

of Defense, but only to the Deputy Secretary of Defense.

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

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

(b) LIMITATION ON DELEGATION OF DUTIES OF DIRECTOR OF

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

403–4(d)(1)) is amended—

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

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

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

given the Director under this subsection to the Deputy Director

of Central Intelligence for Community Management.’’.

TITLE II—CENTRAL INTELLIGENCE

AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

the sum of $216,000,000.

TITLE III—GENERAL PROVISIONS

Subtitle A—Intelligence Community

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS

AUTHORIZED BY LAW.

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

by such additional or supplemental amounts as may be necessary

for increases in such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

The authorization of appropriations by this Act shall not be

deemed to constitute authority for the conduct of any intelligence

activity which is not otherwise authorized by the Constitution or

the laws of the United States.

SEC. 303. SENSE OF THE CONGRESS ON INTELLIGENCE COMMUNITY

CONTRACTING.

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

Intelligence should continue to direct that elements of the intelligence community, whenever compatible with the national security

interests of the United States and consistent with operational and

security concerns related to the conduct of intelligence activities,

and where fiscally sound, should competitively award contracts

in a manner that maximizes the procurement of products properly

designated as having been made in the United States.

114 STAT. 2836 PUBLIC LAW 106–567—DEC. 27, 2000

SEC. 304. NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION ACT.

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

1947 (50 U.S.C. 405 et seq.) is amended by inserting at the beginning the following new section 301:

‘‘NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION

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

the ‘National Security Agency Voluntary Separation Act’. ‘‘(b) DEFINITIONS.—For purposes of this section— ‘‘(1) the term ‘Director’ means the Director of the National

Security Agency; and ‘‘(2) the term ‘employee’ means an employee of the National

Security Agency, serving under an appointment without time

limitation, who has been currently employed by the National

Security Agency for a continuous period of at least 12 months

prior to the effective date of the program established under

subsection (c), except that such term does not include— ‘‘(A) a reemployed annuitant under subchapter III of

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

or another retirement system for employees of the Government; or ‘‘(B) an employee having a disability on the basis of

which such employee is or would be eligible for disability

retirement under any of the retirement systems referred

to in subparagraph (A). ‘‘(c) ESTABLISHMENT OF PROGRAM.—Notwithstanding any other

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

a program under which employees may, after October 1, 2000,

be eligible for early retirement, offered separation pay to separate

from service voluntarily, or both.

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

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

years of service; or

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

may, pursuant to regulations promulgated under this section, apply

and be retired from the National Security Agency and receive

benefits in accordance with chapter 83 or 84 of title 5, United

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

with the National Security Agency.

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

PURPOSES.—

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

sum and shall be equal to the lesser of—

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

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

5, United States Code, if the employee were entitled to

payment under such section; or

‘‘(B) $25,000.

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

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

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

‘‘(B) be taken into account for the purpose of determining the amount of any severance pay to which an

individual may be entitled under section 5595 of title 5,

United States Code, based on any other separation.

50 USC 409a.

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2837

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

separation pay under such program may not be reemployed by

the National Security Agency for the 12-month period beginning

on the effective date of the employee’s separation. An employee

who receives separation pay under this section on the basis of

a separation occurring on or after the date of the enactment of

the Federal Workforce Restructuring Act of 1994 (Public Law 103–

236; 108 Stat. 111) and accepts employment with the Government

of the United States within 5 years after the date of the separation

on which payment of the separation pay is based shall be required

to repay the entire amount of the separation pay to the National

Security Agency. If the employment is with an Executive agency

(as defined by section 105 of title 5, United States Code), the

Director of the Office of Personnel Management may, at the request

of the head of the agency, waive the repayment if the individual

involved possesses unique abilities and is the only qualified

applicant available for the position. If the employment is with

an entity in the legislative branch, the head of the entity or the

appointing official may waive the repayment if the individual

involved possesses unique abilities and is the only qualified

applicant available for the position. If the employment is with

the judicial branch, the Director of the Administrative Office of

the United States Courts may waive the repayment if the individual

involved possesses unique abilities and is the only qualified

applicant available for the position.

‘‘(g) BAR ON CERTAIN EMPLOYMENT.—

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

under this section unless the employee agrees that the employee

will not—

‘‘(A) act as agent or attorney for, or otherwise represent, any other person (except the United States) in

any formal or informal appearance before, or, with the

intent to influence, make any oral or written communication on behalf of any other person (except the United

States) to the National Security Agency; or ‘‘(B) participate in any manner in the award, modification, or extension of any contract for property or services

with the National Security Agency,

during the 12-month period beginning on the effective date

of the employee’s separation from service.

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

under this subsection shall be liable to the United States in

the amount of the separation pay paid to the employee pursuant

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

period during which the employee was in violation of the agreement.

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

separation pay may be offered only—

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

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

‘‘(3) to employees within such occupational groups or

geographic locations, or subject to such other similar limitations

or conditions, as the Director may require.

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

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

shall prescribe such regulations as may be necessary to carry out

this section.

114 STAT. 2838 PUBLIC LAW 106–567—DEC. 27, 2000

‘‘( j) REPORTING REQUIREMENTS.—

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

of early retirement, separation pay, or both, pursuant to this

section until 15 days after submitting to the Permanent Select

Committee on Intelligence of the House of Representatives and

the Select Committee on Intelligence of the Senate a report

describing the occupational groups or geographic locations, or

other similar limitations or conditions, required by the Director

under subsection (h), and includes the proposed regulations

issued pursuant to subsection (i).

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

President and the Permanent Select Committee on Intelligence

of the House of Representatives and the Select Committee

on Intelligence of the Senate an annual report on the effectiveness and costs of carrying out this section.

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

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

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

Agency shall remit to the Office of Personnel Management for

deposit in the Treasury of the United States to the credit of the

Civil Service Retirement and Disability Fund, an amount equal

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

a voluntary separation payment has been or is to be paid under

this section. The remittance required by this subsection shall be

in lieu of any remittance required by section 4(a) of the Federal

Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).’’.

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

of the National Security Act of 1947 is amended by inserting at

the beginning the following new item:

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

SEC. 305. AUTHORIZATION FOR TRAVEL ON ANY COMMON CARRIER

FOR CERTAIN INTELLIGENCE COLLECTION PERSONNEL.

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

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

following new section:

‘‘TRAVEL ON ANY COMMON CARRIER FOR CERTAIN INTELLIGENCE

COLLECTION PERSONNEL

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

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

of the Director—

‘‘(1) is consistent with intelligence community mission

requirements, or

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

other exceptional circumstances necessary for the successful

performance of an intelligence community mission.

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

delegate the authority granted by this section to the Deputy Director

of Central Intelligence, or with respect to employees of the Central

Intelligence Agency the Director may delegate such authority to

the Deputy Director for Operations.’’.

50 USC 404k.

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2839

(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:

Establishment.

50 USC 404l.

Deadline.

114 STAT. 2840 PUBLIC LAW 106–567—DEC. 27, 2000

‘‘TITLE X—ADDITIONAL MISCELLANEOUS PROVISIONS

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

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

after the date of the enactment of the Intelligence Authorization

Act for Fiscal Year 2001 that implements a treaty or other international agreement shall be construed as making unlawful an otherwise lawful and authorized intelligence activity of the United States

Government or its employees, or any other person to the extent

such other person is carrying out such activity on behalf of, and

at the direction of, the United States, unless such Federal law

specifically addresses such intelligence activity.

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

activity shall be treated as authorized for purposes of subsection

(a) if the intelligence activity is authorized by an appropriate official

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

official duties of that official and in compliance with Federal law

and any applicable Presidential directive.’’.

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

National Security Act of 1947 is amended by inserting at the

end the following new items:

‘‘TITLE X—ADDITIONAL MISCELLANEOUS PROVISIONS

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

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

CERTAIN CLASSIFIED MATERIALS BY THE DEPARTMENT

OF STATE.

(a) CERTIFICATION REGARDING FULL COMPLIANCE WITH

REQUIREMENTS.—The Director of Central Intelligence shall certify

to the appropriate committees of Congress whether or not each

covered element of the Department of State is in full compliance

with all applicable directives of the Director of Central Intelligence

relating to the handling, retention, or storage of covered classified

material.

(b) LIMITATION ON CERTIFICATION.—The Director of Central

Intelligence may not certify a covered element of the Department

of State as being in full compliance with the directives referred

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

to a waiver of compliance with respect to any such directive.

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

Central Intelligence determines that a covered element of the

Department of State is not in full compliance with any directive

referred to in subsection (a), the Director shall promptly notify

the appropriate committees of Congress of such determination.

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

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

covered element of the Department of State may not retain or

store covered classified material unless the Director has certified

under subsection (a) as of such date that the covered element

is in full compliance with the directives referred to in subsection

(a).

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

with that paragraph, the prohibition shall remain in effect until

Effective date.

Notification.

50 USC 435a.

50 USC 442.

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2841

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

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

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

Director of Central Intelligence may waive the applicability of the

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

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

United States.

(2) The Director shall submit to appropriate committees of

Congress a report on each exercise of the waiver authority in

paragraph (1).

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

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

(A) The covered element of the Department of State

addressed by the waiver.

(B) The reasons for the waiver.

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

into full compliance with the directives referred to in subsection

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

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

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

element pending achievement of full compliance of such element

with such directives.

(f ) DEFINITIONS.—In this section:

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

the following:

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

(B) The Permanent Select Committee on Intelligence

and the Committee on International Relations of the House

of Representatives.

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

(SCI) level.

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

means each element of the Department of State that handles,

retains, or stores covered classified material.

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

physical form or characteristic, including written or printed

matter, automated information systems storage media, maps,

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

sketches, working notes, papers, reproductions of any such

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

or electronic recordings.

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

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

from intelligence sources, methods, or analytical processes that

requires such information to be handled within formal access

control systems established by the Director of Central Intelligence.

SEC. 310. DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE.

(a) FINDINGS.—Congress finds that—

40 USC 1101

note.

Reports.

114 STAT. 2842 PUBLIC LAW 106–567—DEC. 27, 2000

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

Daniel Patrick Moynihan promoted the importance of architecture and urban planning in the Nation’s Capital, particularly

with respect to the portion of Pennsylvania Avenue between

the White House and the United States Capitol (referred to

in this subsection as the ‘‘Avenue’’);

(2) Senator Moynihan has stressed the unique significance

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

the ‘‘grand axis’’ of the Nation’s Capital as well as a symbolic

representation of the separate yet unified branches of the

United States Government;

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

Office Space (1961–1962), as a member of the President’s

Council on Pennsylvania Avenue (1962–1964), and as vicechairman 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;

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2843

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

abutting Pennsylvania Avenue; and

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

facade of the Ronald Reagan Building and International Trade

Center, from the point where the west facade of the Ariel

Rios Building intersects the north end of the west hemicycle

of that building.

(d) REFERENCES.—Any reference in a law, map, regulation,

document, paper, or other record of the United States to the parcel

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

to Daniel Patrick Moynihan Place.

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

erect appropriate gateways or other markers in Daniel Patrick

Moynihan Place so denoting that place.

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

SEC. 321. REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS

SERVICE PROGRAM OFFICE.

(a) REORGANIZATION.—Effective 60 days after the date of the

enactment of this Act, the Diplomatic Telecommunications Service

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

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

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

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

and maintenance of a diplomatic telecommunications system and

communications network (hereinafter in this subtitle referred to

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

the wide ranging needs of all United States Government agencies

and departments at diplomatic facilities abroad, including national

security needs for secure, reliable, and robust communications

capabilities.

SEC. 322. PERSONNEL.

(a) ESTABLISHMENT OF POSITION OF CHIEF EXECUTIVE

OFFICER.—

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

enactment of this Act, there is established the position of Chief

Executive Officer of the Diplomatic Telecommunications Service

Program Office (hereinafter in this subtitle referred to as the

‘‘CEO’’).

(2) QUALIFICATIONS.—

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

who—

(i) is a communications professional;

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

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

a background in organizational management; and

(iv) submits to a background investigation and

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

States Government security standards.

Effective date.

22 USC 7302.

Effective date.

22 USC 7301.

114 STAT. 2844 PUBLIC LAW 106–567—DEC. 27, 2000

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

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

date of the enactment of this Act.

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

be appointed by the Director of the Office of Management

and Budget.

(4) FIRST APPOINTMENT.—

(i) DEADLINE.—The first appointment under this

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

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

available for DTS-PO on the date of the enactment

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

may be obligated or expended until a CEO is appointed

under this subsection and assumes such position.

(iii) MAY NOT BE AN OFFICER OR EMPLOYEE OF

FEDERAL GOVERNMENT.—The individual first appointed

as CEO under this subtitle may not have been an

officer or employee of the Federal government during

the 1-year period immediately preceding such appointment.

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

of CEO or during the absence or disability of the CEO, the

Director of the Office of Management and Budget may designate

an officer or employee of DTS-PO to perform the duties of

the position as the acting CEO.

(6) AUTHORITIES AND DUTIES.—

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

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

to the supervision of the Diplomatic Telecommunication

Service Oversight Board established under this subtitle.

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

the CEO shall, at a minimum, have—

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

(ii) final decision-making authority for managing

all communications technology and security upgrades

to satisfy DTS user requirements.

(C) CERTIFICATION REGARDING SECURITY.—The CEO

shall certify to the appropriate congressional committees

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

requirements and practices required by any agency utilizing the DTS.

(D) REPORTS TO CONGRESS.—

(i) SEMIANNUAL REPORTS.—Beginning on August

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

submit to the appropriate congressional committees

of jurisdiction a report regarding the activities of DTSPO 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.

Effective date.

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2845

(ii) OTHER REPORTS.—In addition to the report

required by clause (i), the CEO shall keep the appropriate congressional committees of jurisdiction fully

and currently informed with regard to DTS-PO activities, particularly with regard to any significant security

infractions or major outages in the DTS.

(b) ESTABLISHMENT OF POSITIONS OF DEPUTY EXECUTIVE

OFFICER.—

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

Officers of the Diplomatic Telecommunications Service Program

Office, each to be appointed by the President.

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

such duties as the CEO may require.

(c) TERMINATION OF POSITIONS OF DIRECTOR AND DEPUTY

DIRECTOR.—Effective upon the first appointment of a CEO pursuant

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

of DTS-PO shall terminate.

(d) EMPLOYEES OF DTS-PO.—

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

two Deputy Executive Officers established under subsection

(b), and not more than four other employees.

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

CEO and other officers and employees of DTS-PO may be

appointed without regard to the provisions of title 5, United

States Code, governing appointments in the competitive service,

and may be paid without regard to the provisions of chapter

51 and subchapter III of chapter 53 of that title relating to

classification and General Schedule pay rates.

(3) AUTHORITY OF DIRECTOR OF OMB TO PRESCRIBE PAY

OF EMPLOYEES.—The Director of the Office of Management

and Budget shall prescribe the rates of basic pay for positions

to which employees are appointed under this section on the

basis of their unique qualifications.

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

any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency

to DTS-PO to assist it in carrying out its duties under this

subtitle.

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

department or agency who was performing services on behalf

of DTS-PO prior to the effective date of the reorganization

under this subtitle shall continue to be detailed to DTS-PO

after that date, upon request.

SEC. 323. DIPLOMATIC TELECOMMUNICATIONS SERVICE OVERSIGHT

BOARD.

(a) OVERSIGHT BOARD ESTABLISHED.—

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

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

of the United States with the powers and authorities herein

provided.

(2) STATUS.—The Board shall oversee and monitor the operations of DTS-PO and shall be accountable for the duties

assigned to DTS-PO under this subtitle.

22 USC 7303.

President.

114 STAT. 2846 PUBLIC LAW 106–567—DEC. 27, 2000

(3) MEMBERSHIP.—

(A) IN GENERAL.—The Board shall consist of three

members as follows:

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

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

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

be the Deputy Director of the Office of Management and

Budget.

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

President shall serve at the pleasure of the President.

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

all members of the Board and all decisions of the Board

shall require a majority vote.

(4) PROHIBITION ON COMPENSATION.—Members of the Board

may not receive additional pay, allowances, or benefits by reason of their service on the Board.

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

following duties and authorities with respect to DTS-PO:

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

and goals established by DTS-PO for its activities.

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

and periodic financing requests developed by DTS-PO.

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

a periodic basis, including its work, management activities,

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

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

and records the Board considers necessary to carry out

its oversight responsibilities.

(E) To evaluate audits of DTS-PO.

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

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

to make such determinations as the CEO considers appropriate

and take such actions as the CEO considers appropriate with

respect to the day-to-day management and operation of DTSPO 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.

Deadline.

22 USC 7304.

President.

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2847

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

the operation and improvement of DTS for fiscal year 2001.

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

1947 shall apply to DTS-PO and the Board.

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

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

DTS-PO.

(d) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES

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

congressional committees of jurisdiction’’ means the Committee on

Appropriations, the Committee on Foreign Relations, and the Select

Committee on Intelligence of the Senate and the Committee on

Appropriations, the Committee on International Relations, and the

Permanent Select Committee on Intelligence of the House of Representatives.

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

be construed to negate or to reduce the statutory obligations of

any United States department or agency head.

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

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

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

to carry out the management, oversight, and security requirements

of this subtitle.

TITLE IV—CENTRAL INTELLIGENCE

AGENCY

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

(a) DEPOSITS IN CENTRAL SERVICES WORKING CAPITAL FUND.—

Subsection (c)(2) of section 21 of the Central Intelligence Agency

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

(1) by redesignating subparagraph (F) as subparagraph

(H); and

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

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

services and meals provided under the program. ‘‘(G) Receipts from individuals for the rental of property

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

by inserting ‘‘other than structures owned by the Agency’’ after ‘‘depreciation of plant and equipment’’. (c) FINANCIAL STATEMENTS OF PROGRAM.—Subsection (g)(2) of

that section is amended in the first sentence by striking ‘‘annual

audits under paragraph (1)’’ and inserting the following: ‘‘financial

statements to be prepared with respect to the program. Office

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

SEC. 402. TECHNICAL CORRECTIONS.

(a) CLARIFICATION REGARDING REPORTS ON EXERCISE OF

AUTHORITY.—Section 17 of the Central Intelligence Agency Act

of 1949 (50 U.S.C. 403q) is amended—

Applicability.

114 STAT. 2848 PUBLIC LAW 106–567—DEC. 27, 2000

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

inserting the following new subparagraph (E): ‘‘(E) a description of the exercise of the subpoena authority

under subsection (e)(5) by the Inspector General during the

reporting period; and’’; and

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

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

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

SEC. 403. EXPANSION OF INSPECTOR GENERAL ACTIONS REQUIRING

A REPORT TO CONGRESS.

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

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

subparagraph (A) and inserting the following: ‘‘(B) an investigation, inspection, or audit carried out by

the Inspector General should focus on any current or former

Agency official who— ‘‘(i) holds or held a position in the Agency that is

subject to appointment by the President, by and with the

advise and consent of the Senate, including such a position

held on an acting basis; or ‘‘(ii) holds or held the position in the Agency, including

such a position held on an acting basis, of— ‘‘(I) Executive Director;

‘‘(II) Deputy Director for Operations;

‘‘(III) Deputy Director for Intelligence;

‘‘(IV) Deputy Director for Administration; or

‘‘(V) Deputy Director for Science and Technology; ‘‘(C) a matter requires a report by the Inspector General

to the Department of Justice on possible criminal conduct by

a current or former Agency official described or referred to

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

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

‘‘(E) the Inspector General, after exhausting all possible

alternatives, is unable to obtain significant documentary

information in the course of an investigation, inspection, or

audit,

the Inspector General shall immediately notify and submit a report

on such matter to the intelligence committees.’’.

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

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

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

‘‘DETAIL OF EMPLOYEES

‘‘SEC. 22. The Director may—

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

basis indefinitely to the National Reconnaissance Office without

regard to any limitation under law on the duration of details

of Federal Government personnel; and

50 USC 403v.

Notification.

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2849

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

paragraph (1).’’.

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

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

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

the following new subsection:

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

for that purpose shall remain available for 3 years.

‘‘(2) The Director shall submit to the Select Committee on

Intelligence of the Senate and the Permanent Select Committee

on Intelligence of the House of Representatives an annual report

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

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

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

‘‘(a)’’; and

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

FOR EXPENDITURE.—’’ after ‘‘(b)’’.

(c) APPLICABILITY.—Subsection (c) of section 5 of the Central

Intelligence Agency Act of 1949, as added by subsection (a) of

this section, shall apply with respect to amounts appropriated or

otherwise made available for the Central Intelligence Agency for

fiscal years after fiscal year 2000.

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

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

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

Director of Central Intelligence may—

(1) designate as qualified employees within the meaning

of subsection (b) of that section appropriate categories of

employees not otherwise covered by that subsection; and

(2) use appropriated funds available to the Director to

reimburse employees within categories so designated for onehalf 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.

5 USC prec. 5941

note.

50 USC 403f

note.

Reports.

114 STAT. 2850 PUBLIC LAW 106–567—DEC. 27, 2000

TITLE V—DEPARTMENT OF DEFENSE

INTELLIGENCE ACTIVITIES

SEC. 501. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN EXPERIMENTAL PERSONNEL PROGRAM FOR CERTAIN SCIENTIFIC AND TECHNICAL PERSONNEL.

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

under section 1101(b) of the Strom Thurmond National Defense

Authorization Act for Fiscal Year 1999 (Public Law 105–261; 5

U.S.C. 3104 note) to carry out a program of special personnel

management authority at the National Imagery and Mapping

Agency and the National Security Agency in order to facilitate

recruitment of eminent experts in science and engineering at such

agencies, the Secretary shall respond to such request not later

than 30 days after the date of such request.

SEC. 502. 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’’.

Counterintelligence

Reform Act of

2000.

50 USC 1801

note.

Deadline.

Deadline.

50 USC 403–5

note.

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2851

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

(a) REQUIREMENTS REGARDING CERTAIN APPLICATIONS.—Section

104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

1804) is amended by adding at the end the following new subsection:

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

Bureau of Investigation, the Secretary of Defense, the Secretary

of State, or the Director of Central Intelligence, the Attorney General shall personally review under subsection (a) an application

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

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

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

in that subparagraph may not delegate the authority to make

a request referred to in that subparagraph.

‘‘(C) Each official referred to in subparagraph (A) with authority

to make a request under that subparagraph shall take appropriate

actions in advance to ensure that delegation of such authority

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

‘‘(2)(A) If as a result of a request under paragraph (1) the

Attorney General determines not to approve an application under

the second sentence of subsection (a) for purposes of making the

application under this section, the Attorney General shall provide

written notice of the determination to the official making the

request for the review of the application under that paragraph.

Except when disabled or otherwise unavailable to make a determination under the preceding sentence, the Attorney General may

not delegate the responsibility to make a determination under that

sentence. The Attorney General shall take appropriate actions in

advance to ensure that delegation of such responsibility is clearly

established in the event the Attorney General is disabled or otherwise unavailable to make such determination.

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

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

that are necessary in order for the Attorney General to approve

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

purposes of making the application under this section.

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

forth under subparagraph (B), the official notified of the modifications under this paragraph shall modify the application if such

official determines that such modification is warranted. Such official

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

the making of any modification under the preceding sentence, such

official may not delegate the responsibility to supervise the making

of any modification under that preceding sentence. Each such official

shall take appropriate actions in advance to ensure that delegation

of such responsibility is clearly established in the event such official

is disabled or otherwise unavailable to supervise the making of

such modification.’’.

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

is amended—

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

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

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

Notice.

114 STAT. 2852 PUBLIC LAW 106–567—DEC. 27, 2000

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

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

past activities of the target, as well as facts and circumstances

relating to current or future activities of the target.’’; and

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

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

SEC. 603. ORDERS FOR PHYSICAL SEARCHES UNDER THE FOREIGN

INTELLIGENCE SURVEILLANCE ACT OF 1978.

(a) REQUIREMENTS REGARDING CERTAIN APPLICATIONS.—Section

303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

1823) is amended by adding at the end the following new subsection: ‘‘(d)(1)(A) Upon written request of the Director of the Federal

Bureau of Investigation, the Secretary of Defense, the Secretary

of State, or the Director of Central Intelligence, the Attorney General shall personally review under subsection (a) an application

under that subsection for a target described in section 101(b)(2). ‘‘(B) Except when disabled or otherwise unavailable to make

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

in that subparagraph may not delegate the authority to make

a request referred to in that subparagraph. ‘‘(C) Each official referred to in subparagraph (A) with authority

to make a request under that subparagraph shall take appropriate

actions in advance to ensure that delegation of such authority

is clearly established in the event such official is disabled or otherwise unavailable to make such request. ‘‘(2)(A) If as a result of a request under paragraph (1) the

Attorney General determines not to approve an application under

the second sentence of subsection (a) for purposes of making the

application under this section, the Attorney General shall provide

written notice of the determination to the official making the

request for the review of the application under that paragraph.

Except when disabled or otherwise unavailable to make a determination under the preceding sentence, the Attorney General may

not delegate the responsibility to make a determination under that

sentence. The Attorney General shall take appropriate actions in

advance to ensure that delegation of such responsibility is clearly

established in the event the Attorney General is disabled or otherwise unavailable to make such determination.

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

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

that are necessary in order for the Attorney General to approve

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

purposes of making the application under this section.

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

forth under subparagraph (B), the official notified of the modifications under this paragraph shall modify the application if such

official determines that such modification is warranted. Such official

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

the making of any modification under the preceding sentence, such

official may not delegate the responsibility to supervise the making

of any modification under that preceding sentence. Each such official

shall take appropriate actions in advance to ensure that delegation

of such responsibility is clearly established in the event such official

is disabled or otherwise unavailable to supervise the making of

such modification.’’.

Notice.

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2853

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

is amended— (1) by redesignating subsections (b), (c), (d), and (e) as

subsections (c), (d), (e), and (f ), respectively; and

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

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

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

past activities of the target, as well as facts and circumstances

relating to current or future activities of the target.’’.

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

LAW ENFORCEMENT PURPOSES.

(a) INCLUSION OF INFORMATION ON DISCLOSURE IN SEMIANNUAL

OVERSIGHT REPORT.—Section 108(a) of the Foreign Intelligence

Surveillance Act of 1978 (50 U.S.C. 1808(a)) is amended— (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and

(2) by adding at the end the following new paragraph: ‘‘(2) Each report under the first sentence of paragraph (1)

shall include a description of— ‘‘(A) each criminal case in which information acquired

under this Act has been passed for law enforcement purposes

during the period covered by such report; and ‘‘(B) each criminal case in which information acquired

under this Act has been authorized for use at trial during

such reporting period.’’. (b) REPORT ON MECHANISMS FOR DETERMINATIONS OF DISCLO- SURE 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—

50 USC 1806

note.

114 STAT. 2854 PUBLIC LAW 106–567—DEC. 27, 2000

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

in determining whether, and under what circumstances, the

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

in place for investigative purposes; and

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

of Investigation of such determination.

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

the head of the department or agency concerned shall continue

to consult, as appropriate, to review the status of an investigation

covered by this paragraph, and to reassess, as appropriate, a determination of the head of the department or agency concerned to

leave a subject in place for investigative purposes.’’; and

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

(b) TIMELY PROVISION OF INFORMATION AND CONSULTATION ON

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

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

(2) by inserting ‘‘in a timely manner’’ after ‘‘are consulted’’. (c) INTERFERENCE WITH FULL FIELD ESPIONAGE INVESTIGATIONS.—That subsection is further amended by inserting after paragraph (3), as amended by subsection (a) of this section, the following

new paragraph (4):

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

of the department or agency concerned, of the commencement of

a full field espionage investigation with respect to an employee

within the executive branch.

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

examination, interrogate, or otherwise take any action that is likely

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

of an investigation described in that subparagraph without prior

coordination and consultation with the Federal Bureau of Investigation.’’.

SEC. 606. ENHANCING PROTECTION OF NATIONAL SECURITY AT THE

DEPARTMENT OF JUSTICE.

(a) AUTHORIZATION FOR INCREASED RESOURCES TO FULFILL

NATIONAL SECURITY MISSION OF THE DEPARTMENT OF JUSTICE.—

There are authorized to be appropriated to the Department of

Justice for the activities of the Office of Intelligence Policy and

Review to help meet the increased personnel demands to combat

terrorism, process applications to the Foreign Intelligence Surveillance Court, participate effectively in counter-espionage investigations, provide policy analysis on national security issues, and

enhance secure computer and telecommunications facilities—

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

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

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

(b) AVAILABILITY OF FUNDS.—(1) No funds authorized to be

appropriated by subsection (a) for the Office of Intelligence Policy

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

expended until the date on which the Attorney General submits

the report required by paragraph (2) for the year involved.

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

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

Reports.

Notification.

Notification.

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2855

the manner in which the funds authorized to be appropriated by

subsection (a) for the Office of Intelligence Policy and Review will

be used by that Office— (i) to improve and strengthen its oversight of Federal

Bureau of Investigation field offices in the implementation of

orders under the Foreign Intelligence Surveillance Act of 1978

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

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

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

are the following:

(i) The Select Committee on Intelligence and the Committee

on the Judiciary of the Senate.

(ii) The Permanent Select Committee on Intelligence and

the Committee on the Judiciary of the House of Representatives.

(3) In addition to the report required by paragraph (2), the

Attorney General shall also submit to the Select Committee on

Intelligence of the Senate and the Permanent Select Committee

on Intelligence of the House of Representatives a report that

addresses the issues identified in the semiannual report of the

Attorney General to such committees under section 108(a) of the

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a))

that was submitted in April 2000, including any corrective actions

with regard to such issues. The report under this paragraph shall

be submitted in classified form.

(4) Funds made available pursuant to subsection (a), in any

fiscal year, shall remain available until expended.

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

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

been or will be taken by the Department to—

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

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

national security matters for external entities and agencies;

and

(3) coordinate the dissemination of intelligence information

within the appropriate components of the Department and the

formulation of policy on national security issues.

SEC. 607. COORDINATION REQUIREMENTS RELATING TO THE

PROSECUTION OF CASES INVOLVING CLASSIFIED

INFORMATION.

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

is amended by inserting after section 9 the following new section:

‘‘COORDINATION REQUIREMENTS RELATING TO THE PROSECUTION OF

CASES INVOLVING CLASSIFIED INFORMATION

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

General for the Criminal Division and the appropriate United States

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

to the senior agency official, or the designee of such official, with

respect to any case involving classified information that originated

in the agency of such senior agency official.

18 USC app. 9A.

Deadline.

Classified

information.

Reports.

114 STAT. 2856 PUBLIC LAW 106–567—DEC. 27, 2000

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

respect to a case shall occur— ‘‘(1) as soon as practicable after the Department of Justice

and the United States attorney concerned determine that a

prosecution or potential prosecution could result; and

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

keep the senior agency official concerned fully and currently

informed of the status of the prosecution.

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

term ‘senior agency official’ has the meaning given that term in

section 1.1 of Executive Order No. 12958.’’.

SEC. 608. SEVERABILITY.

If any provision of this title (including an amendment made

by this title), or the application thereof, to any person or circumstance, is held invalid, the remainder of this title (including

the amendments made by this title), and the application thereof,

to other persons or circumstances shall not be affected thereby.

TITLE VII—DECLASSIFICATION OF

INFORMATION

SEC. 701. SHORT TITLE.

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

Act of 2000’’.

SEC. 702. FINDINGS.

Congress makes the following findings:

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

coordinated, and cost-effective means by which records on specific subjects of extraordinary public interest that do not undermine the national security interests of the United States may

be collected, retained, reviewed, and disseminated to Congress,

policymakers in the executive branch, and the public.

(2) Ensuring, through such measures, public access to

information that does not require continued protection to maintain the national security interests of the United States is

a key to striking the balance between secrecy essential to

national security and the openness that is central to the proper

functioning of the political institutions of the United States.

SEC. 703. PUBLIC INTEREST DECLASSIFICATION BOARD.

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

branch of the United States a board to be known as the ‘‘Public

Interest Declassification Board’’ (in this title referred to as the

‘‘Board’’).

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

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

for National Security Affairs, the Director of the Office of

Management and Budget, and such other executive branch

officials as the Board considers appropriate on the systematic,

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

interested agencies, and the public of declassified records and

materials (including donated historical materials) that are of

Public Interest

Declassification

Act of 2000.

Records.

Reports.

50 USC 435 note.

50 USC 1801

note.

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2857

archival value, including records and materials of extraordinary

public interest.

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

United States national security decisions and significant United

States national security activities in order to—

(A) support the oversight and legislative functions of

Congress;

(B) support the policymaking role of the executive

branch;

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

security matters; and

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

(3) To provide recommendations to the President for the

identification, collection, and review for declassification of

information of extraordinary public interest that does not

undermine the national security of the United States, to be

undertaken in accordance with a declassification program that

has been established or may be established by the President

by Executive order.

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

for National Security Affairs, the Director of the Office of

Management and Budget, and such other executive branch

officials as the Board considers appropriate on policies deriving

from the issuance by the President of Executive orders

regarding the classification and declassification of national

security information.

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

individuals appointed from among citizens of the United States

who are preeminent in the fields of history, national security, foreign policy, intelligence policy, social science, law, or archives,

including individuals who have served in Congress or otherwise

in the Federal Government or have otherwise engaged in research,

scholarship, or publication in such fields on matters relating to

the national security of the United States, of whom—

(A) five shall be appointed by the President;

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

of Representatives;

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

Senate;

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

Senate; and

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

House of Representatives.

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

the President—

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

(ii) one shall be appointed for a term of 3 years; and

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

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

Speaker of the House of Representatives or by the majority leader

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

(C) The members initially appointed to the Board by the

minority leader of the House of Representatives or the Senate

shall be appointed for a term of 2 years.

President.

114 STAT. 2858 PUBLIC LAW 106–567—DEC. 27, 2000

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

a term of 3 years.

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

as the original appointment. A member of the Board appointed

to fill a vacancy before the expiration of a term shall serve for

the remainder of the term.

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

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

Board, except that no member may serve more than three full

terms on the Board.

(d) CHAIRPERSON; EXECUTIVE SECRETARY.—(1)(A) The President

shall designate one of the members of the Board as the Chairperson

of the Board.

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

be 2 years.

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

redesignated as Chairperson of the Board upon the expiration of

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

member shall serve as Chairperson of the Board for more than

6 years.

(2) The Director of the Information Security Oversight Office

shall serve as the Executive Secretary of the Board.

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

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

of the members of the Board shall constitute a quorum.

(f ) STAFF.—Any employee of the Federal Government may be

detailed to the Board, with the agreement of and without reimbursement to the detailing agency, and such detail shall be without

interruption or loss of civil, military, or foreign service status or

privilege.

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

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

hold appropriate security clearances for access to the classified

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

and shall follow the guidance and practices on security under

applicable Executive orders and Presidential or agency directives.

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

access to a member of the Board, the Executive Secretary of the

Board, or a member of the staff of the Board to classified records

or materials of the agency under this title, require the member,

the Executive Secretary, or the member of the staff, as the case

may be, to—

(A) execute an agreement regarding the security of such

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

and

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

of the agency, including any special access approval required

for access to such records or materials.

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

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

use 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

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2859

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

to a record or material under this title shall be deemed for purposes

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

record or material.

(h) COMPENSATION.—(1) Each member of the Board shall receive

compensation at a rate not to exceed the daily equivalent of the

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

Senior Executive Service under section 5382 of title 5, United

States Code, for each day such member is engaged in the actual

performance of duties of the Board.

(2) Members of the Board shall be allowed travel expenses,

including per diem in lieu of subsistence at rates authorized for

employees of agencies under subchapter I of chapter 57 of title

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

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

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

the Assistant to the President for National Security Affairs shall

provide guidance on policy to the Board.

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

of the Chairperson of the Board and the Board, and acting in

consultation with the Archivist of the United States, the Assistant

to the President for National Security Affairs, and the Director

of the Office of Management and Budget, shall prepare the annual

budget of the Board.

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

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

shall be provided on a reimbursable basis.

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

Board shall make available for public inspection records of its

proceedings and reports prepared in the course of its activities

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

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

(2) In making records and reports available under paragraph

(1), the Board shall coordinate the release of such records and

reports with appropriate officials from agencies with expertise in

classified information in order to ensure that such records and

reports do not inadvertently contain classified information.

(l) APPLICABILITY OF CERTAIN ADMINISTRATIVE LAWS.—The

provisions of the Federal Advisory Committee Act (5 U.S.C. App.)

shall not apply to the activities of the Board under this title.

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

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

EXTRAORDINARY PUBLIC INTEREST.

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

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

with the authority under an Executive order to classify information

shall provide to the Board, the Select Committee on Intelligence

of the Senate, or the Permanent Select Committee on Intelligence

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

briefing and report on such agency’s progress and plans in the

declassification of national security information. Such briefing shall

114 STAT. 2860 PUBLIC LAW 106–567—DEC. 27, 2000

cover the declassification goals set by statute, regulation, or policy,

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

planned goals and priorities for its declassification activities over

the next 2 fiscal years. Agency briefings and reports shall give

particular attention to progress on the declassification of records

and materials that are of archival value or extraordinary public

interest to the people of the United States.

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

for agencies within the Department of Defense, including the military departments and the elements of the intelligence community,

shall be provided on a consolidated basis.

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

community’’ means the elements of the intelligence community

specified or designated under section 3(4) of the National Security

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

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

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

of the agency the written recommendations of the Board as to

how the agency’s declassification program could be improved. A

copy of each recommendation shall also be submitted to the Assistant to the President for National Security Affairs and the Director

of the Office of Management and Budget.

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

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

shall become public 60 days after such recommendations are sent

to the head of the agency under that paragraph.

(c) RECOMMENDATIONS ON SPECIAL SEARCHES FOR RECORDS

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

make recommendations to the President regarding proposed initiatives to identify, collect, and review for declassification classified

records and materials of extraordinary public interest.

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

shall consider the following:

(A) The opinions and requests of Members of Congress,

including opinions and requests expressed or embodied in letters or legislative proposals.

(B) The opinions and requests of the National Security

Council, the Director of Central Intelligence, and the heads

of other agencies.

(C) The opinions of United States citizens.

(D) The opinions of members of the Board.

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

other on-going declassification programs.

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

that complying with the recommendations would have on

agency budgets, programs, and operations.

(G) The benefits of the recommendations.

(H) The impact of compliance with the recommendations

on the national security of the United States.

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

with the submission to Congress of the budget of the President

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

the Director of the Office of Management and Budget shall publish

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

that program.

Publication.

Public

availability.

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2861

(2) Nothing in this title shall be construed to substitute or

supersede, or establish a funding process for, any declassification

program that has been established or may be established by the

President by Executive order.

SEC. 705. PROTECTION OF NATIONAL SECURITY INFORMATION AND

OTHER INFORMATION.

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

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

or to continue the classification of information previously classified

by that agency.

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

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

grant or deny access to a special access program.

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

of the Director of Central Intelligence as the head of the intelligence

community, including the Director’s responsibility to protect intelligence sources and methods from unauthorized disclosure as

required by section 103(c)(6) of the National Security Act of 1947

(50 U.S.C. 403–3(c)(6)).

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

title shall be construed to limit any exemption or exception to

the release to the public under this title of information that is

protected under subsection (b) of section 552 of title 5, United

States Code (commonly referred to as the ‘‘Freedom of Information

Act’’), or section 552a of title 5, United States Code (commonly

referred to as the ‘‘Privacy Act’’).

(e) WITHHOLDING INFORMATION FROM CONGRESS.—Nothing in

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

SEC. 706. STANDARDS AND PROCEDURES.

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

under an Executive order to classify information and the head

of each Federal Presidential library shall designate an employee

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

of this title.

(2) The Board may establish liaison and otherwise consult

with such other historical and advisory committees as the Board

considers appropriate for purposes of this title.

(b) LIMITATIONS ON ACCESS.—(1)(A) Except as provided in paragraph (2), if the head of an agency or the head of a Federal

Presidential library determines it necessary to deny or restrict

access of the Board, or of the agency or library liaison to the

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

or in part, the head of the agency or the head of the library

shall promptly notify the Board in writing of such determination.

(B) Each notice to the Board under subparagraph (A) shall

include a description of the nature of the records or materials,

and a justification for the determination, covered by such notice.

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

(1) with respect to a special access program created by the Secretary

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

any other agency, the notification of denial of access under paragraph (1), including a description of the nature of the Board’s

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

Notification.

114 STAT. 2862 PUBLIC LAW 106–567—DEC. 27, 2000

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

of the head of the agency, determine that the public’s interest

in the disclosure of records or materials of the agency covered

by such review, and still properly classified, outweighs the Government’s need to protect such records or materials, and may release

such records or materials in accordance with the provisions of

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

order.

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

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

in the protection of records or materials of the agency covered

by such review, and still properly classified, outweighs the public’s

need for access to such records or materials, and may deny release

of such records or materials in accordance with the provisions

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

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

Board shall annually submit to the appropriate congressional

committees a report on the activities of the Board under this title,

including summary information regarding any denials to the Board

by the head of an agency or the head of a Federal Presidential

library of access to records or materials under this title.

(B) In this paragraph, the term ‘‘appropriate congressional

committees’’ means the Select Committee on Intelligence and the

Committee on Governmental Affairs of the Senate and the Permanent Select Committee on Intelligence and the Committee on

Government Reform of the House of Representatives.

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

been denied access to records and materials, and a justification

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

by the agency denying the access as follows:

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

program created by the Secretary of Defense, to the Committees

on Armed Services and Appropriations of the Senate and to

the Committees on Armed Services and Appropriations of the

House of Representatives.

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

program created by the Director of Central Intelligence, or

by the head of any other agency (including the Department

of Defense) if the special access program pertains to intelligence

activities, or of access to any information and materials relating

to intelligence sources and methods, to the Select Committee

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

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

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

and Appropriations and the Permanent Select Committee on

Intelligence of the House of Representatives.

SEC. 707. JUDICIAL REVIEW.

Nothing in this title limits the protection afforded to any

information under any other provision of law. This title is not

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2863

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

substantive or procedural, enforceable against the United States,

its agencies, its officers, or its employees. This title does not modify

in any way the substantive criteria or procedures for the classification of information, nor does this title create any right or benefit

subject to judicial review.

SEC. 708. FUNDING.

(a) AUTHORIZATION OF APPROPRIATIONS.—There is hereby

authorized to be appropriated to carry out the provisions of this

title amounts as follows:

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

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

as may be necessary for such fiscal year.

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

budget submitted to Congress for each fiscal year under section

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

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

SEC. 709. DEFINITIONS.

In this title:

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

the term ‘‘agency’’ means the following:

(i) An Executive agency, as that term is defined in

section 105 of title 5, United States Code.

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

in section 102 of such title.

(iii) Any other entity in the executive branch that

comes into the possession of classified information.

(B) The term does not include the Board.

(2) CLASSIFIED MATERIAL OR RECORD.—The terms ‘‘classified

material’’ and ‘‘classified record’’ include any correspondence,

memorandum, book, plan, map, drawing, diagram, pictorial

or graphic work, photograph, film, microfilm, sound recording,

videotape, machine readable records, and other documentary

material, regardless of physical form or characteristics, that

has been determined pursuant to Executive order to require

protection against unauthorized disclosure in the interests of

the national security of the United States.

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

the process by which records or materials that have been classified are determined no longer to require protection from

unauthorized disclosure to protect the national security of the

United States.

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

historical material’’ means collections of personal papers

donated or given to a Federal Presidential library or other

archival repository under a deed of gift or otherwise.

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

Presidential library’’ means a library operated and maintained

by the United States Government through the National

Archives and Records Administration under the applicable

provisions of the Federal Records Act of 1950.

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

means the national defense or foreign relations of the United

States.

President.

114 STAT. 2864 PUBLIC LAW 106–567—DEC. 27, 2000

(7) RECORDS OR MATERIALS OF EXTRAORDINARY PUBLIC

INTEREST.—The term ‘‘records or materials of extraordinary

public interest’’ means records or materials that— (A) demonstrate and record the national security policies, actions, and decisions of the United States, including—

(i) policies, events, actions, and decisions which

led to significant national security outcomes; and

(ii) the development and evolution of significant

United States national security policies, actions, and

decisions;

(B) will provide a significantly different perspective

in general from records and materials publicly available

in other historical sources; and

(C) would need to be addressed through ad hoc record

searches outside any systematic declassification program

established under Executive order.

(8) RECORDS OF ARCHIVAL VALUE.—The term ‘‘records of

archival value’’ means records that have been determined by

the Archivist of the United States to have sufficient historical

or other value to warrant their continued preservation by the

Federal Government.

SEC. 710. EFFECTIVE DATE; SUNSET.

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

that is 120 days after the date of the enactment of this Act.

(b) SUNSET.—The provisions of this title shall expire 4 years

after the date of the enactment of this Act, unless reauthorized

by statute.

TITLE VIII—DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT

SEC. 801. SHORT TITLE.

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

Disclosure Act of 2000’’.

SEC. 802. DESIGNATION.

(a) DEFINITIONS.—In this section:

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

such term under section 551 of title 5, United States Code.

(2) INTERAGENCY GROUP.—The term ‘‘Interagency Group’’

means the Nazi War Crimes and Japanese Imperial Government Records Interagency Working Group established under

subsection (b).

(3) JAPANESE IMPERIAL GOVERNMENT RECORDS.—The term

‘‘Japanese Imperial Government records’’ means classified

records or portions of records that pertain to any person with

respect to whom the United States Government, in its sole

discretion, has grounds to believe ordered, incited, assisted,

or otherwise participated in the experimentation on, and

persecution of, any person because of race, religion, national

origin, or political opinion, during the period beginning September 18, 1931, and ending on December 31, 1948, under

the direction of, or in association with—

Japanese

Imperial

Government

Disclosure Act of

2000.

Classified

information.

Records.

Reports.

5 USC 552 note.

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2865

(A) the Japanese Imperial Government;

(B) any government in any area occupied by the military forces of the Japanese Imperial Government;

(C) any government established with the assistance

or cooperation of the Japanese Imperial Government; or

(D) any government which was an ally of the Japanese

Imperial Government.

(4) RECORD.—The term ‘‘record’’ means a Japanese Imperial

Government record.

(b) ESTABLISHMENT OF INTERAGENCY GROUP.— (1) IN GENERAL.—Not later than 60 days after the date

of the enactment of this Act, the President shall designate

the Working Group established under the Nazi War Crimes

Disclosure Act (Public Law 105–246; 5 U.S.C. 552 note) to

also carry out the purposes of this title with respect to Japanese

Imperial Government records, and that Working Group shall

remain in existence for 3 years after the date on which this

title takes effect. Such Working Group is redesignated as the

‘‘Nazi War Crimes and Japanese Imperial Government Records

Interagency Working Group’’. (2) MEMBERSHIP.—Section 2(b)(2) of such Act is amended

by striking ‘‘3 other persons’’ and inserting ‘‘4 other persons

who shall be members of the public, of whom 3 shall be persons

appointed under the provisions of this Act in effect on October

8, 1998.’’.

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

enactment of this Act, the Interagency Group shall, to the greatest

extent possible consistent with section 803—

(1) locate, identify, inventory, recommend for declassification, and make available to the public at the National Archives

and Records Administration, all classified Japanese Imperial

Government records of the United States;

(2) coordinate with agencies and take such actions as necessary to expedite the release of such records to the public;

and

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

on Government Reform and the Permanent Select Committee

on Intelligence of the House of Representatives, and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate, describing all such records, the disposition

of such records, and the activities of the Interagency Group

and agencies under this section.

(d) FUNDING.—There is authorized to be appropriated such

sums as may be necessary to carry out the provisions of this

title.

SEC. 803. REQUIREMENT OF DISCLOSURE OF RECORDS.

(a) RELEASE OF RECORDS.—Subject to subsections (b), (c), and

(d), the Japanese Imperial Government Records Interagency

Working Group shall release in their entirety Japanese Imperial

Government records.

(b) EXEMPTIONS.—An agency head may exempt from release

under subsection (a) specific information, that would—

(1) constitute an unwarranted invasion of personal privacy;

(2) reveal the identity of a confidential human source,

or reveal information about an intelligence source or method

when the unauthorized disclosure of that source or method

Public

availability.

Deadline.

Deadline.

President.

114 STAT. 2866 PUBLIC LAW 106–567—DEC. 27, 2000

would damage the national security interests of the United

States;

(3) reveal information that would assist in the development

or use of weapons of mass destruction;

(4) reveal information that would impair United States

cryptologic systems or activities;

(5) reveal information that would impair the application

of state-of-the-art technology within a United States weapon

system;

(6) reveal United States military war plans that remain

in effect;

(7) reveal information that would impair relations between

the United States and a foreign government, or undermine

ongoing diplomatic activities of the United States;

(8) reveal information that would impair the current ability

of United States Government officials to protect the President,

Vice President, and other officials for whom protection services

are authorized in the interest of national security;

(9) reveal information that would impair current national

security emergency preparedness plans; or

(10) violate a treaty or other international agreement.

(c) APPLICATIONS OF EXEMPTIONS.—

(1) IN GENERAL.—In applying the exemptions provided in

paragraphs (2) through (10) of subsection (b), there shall be

a presumption that the public interest will be served by disclosure and release of the records of the Japanese Imperial

Government. The exemption may be asserted only when the

head of the agency that maintains the records determines that

disclosure and release would be harmful to a specific interest

identified in the exemption. An agency head who makes such

a determination shall promptly report it to the committees

of Congress with appropriate jurisdiction, including the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on Government Reform

and the Permanent Select Committee on Intelligence of the

House of Representatives.

(2) APPLICATION OF TITLE 5.—A determination by an agency

head to apply an exemption provided in paragraphs (2) through

(9) of subsection (b) shall be subject to the same standard

of review that applies in the case of records withheld under

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

(d) RECORDS RELATED TO INVESTIGATIONS OR PROSECUTIONS.—

This section shall not apply to records—

(1) related to or supporting any active or inactive investigation, inquiry, or prosecution by the Office of Special Investigations of the Department of Justice; or

(2) solely in the possession, custody, or control of the Office

of Special Investigations.

SEC. 804. EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE

IMPERIAL GOVERNMENT RECORDS.

For purposes of expedited processing under section 552(a)(6)(E)

of title 5, United States Code, any person who was persecuted

in the manner described in section 802(a)(3) and who requests

a Japanese Imperial Government record shall be deemed to have

a compelling need for such record.

PUBLIC LAW 106–567—DEC. 27, 2000 114 STAT. 2867

LEGISLATIVE HISTORY—H.R. 5630 (H.R. 4392):

HOUSE REPORTS: Nos. 106–620 accompanying H.R. 4392 (Comm on Intelligence)

and 106–969 accompanying H.R. 4392 (Comm. of Conference).

CONGRESSIONAL RECORD, Vol. 146 (2000):

Nov. 13, considered and passed House.

Dec. 6, considered and passed Senate, amended.

Dec. 11, House concurred in Senate amendments.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000):

Dec. 27, Presidential statement.

Æ

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.

Approved December 27, 2000.