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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2089 Reported in Senate (RS)]

                                                       Calendar No. 701
106th CONGRESS
  2d Session
                                S. 2089

                          [Report No. 106-352]

 To amend the Foreign Intelligence Surveillance Act of 1978 to modify 
procedures relating to orders for surveillance and searches for foreign 
             intelligence purposes, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2000

Mr. Specter (for himself, Mr. Torricelli, Mr. Thurmond, Mr. Biden, Mr. 
Grassley, Mr. Feingold, Mr. Helms, Mr. Schumer,  Mr. Sessions, and Mr. 
Leahy) introduced the following bill; which was read twice and referred 
                   to the Committee on the Judiciary

                              May 23, 2000

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              May 23, 2000

 Referred to the Select Committee on Intelligence, pursuant to section 
   3(b) of Senate Resolution 400, 94th Congress, for a period not to 
                       exceed 30 days of session

                             July 20, 2000

                Reported by Mr. Shelby, with amendments
 [Omit the part in boldface brackets and insert the part in bold roman]

_______________________________________________________________________

                                 A BILL

 
 To amend the Foreign Intelligence Surveillance Act of 1978 to modify 
procedures relating to orders for surveillance and searches for foreign 
             intelligence purposes, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Counterintelligence Reform 
Act of 2000''.</DELETED>

<DELETED>SEC. 2. CIRCUMSTANCES ESTABLISHING PROBABLE CAUSE FOR ISSUANCE 
              OF ORDERS FOR ELECTRONIC SURVEILLANCE UNDER FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.</DELETED>

<DELETED>    (a) Past Activities.--Section 105 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805) is amended--
</DELETED>
        <DELETED>    (1) by redesignating subsections (b), (c), (d), 
        (e), (f), and (g) as subsections (c), (d), (e), (f), (g), and 
        (h), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (a) the 
        following new subsection (b):</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Subsection (d) of that section, 
as redesignated by subsection (a)(1) of this section, is amended by 
striking ``subsection (b)(1)'' and inserting ``subsection 
(c)(1)''.</DELETED>

<DELETED>SEC. 3. ORDERS FOR ELECTRONIC SURVEILLANCE UNDER FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.</DELETED>

<DELETED>    (a) Description of Intelligence or Law-Enforcement 
Activities of Certain Targets.--Section 104 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1804) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by redesignating paragraphs (8), (9), 
                (10), and (11) as paragraphs (9), (10), (11), and (12), 
                respectively; and</DELETED>
                <DELETED>    (B) by inserting after paragraph (7) the 
                following new paragraph (8):</DELETED>
        <DELETED>    ``(8) in the case of an application covering a 
        target described in section 101(b)(2), a detailed description 
        of--</DELETED>
                <DELETED>    ``(A) any current relationship between the 
                target and any Federal intelligence, intelligence-
                related, or law enforcement activity; and</DELETED>
                <DELETED>    ``(B) any prior relationship between the 
                target and any Federal intelligence, intelligence-
                related, or law enforcement activity that is relevant 
                to a determination of probable cause under section 
                105;''; and</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``(8), and 
        (11)'' and inserting ``(9), and (12)''.</DELETED>
<DELETED>    (b) Additional Requirements Regarding Certain 
Applications.--That section is further amended by adding at the end the 
following new subsection:</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(B) An official referred to in subparagraph (A) may not 
delegate the authority to make a request referred to in that 
subparagraph.</DELETED>
<DELETED>    ``(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. The Attorney 
General may not delegate the responsibility set forth in the preceding 
sentence.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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. 
Such official may not delegate the responsibility set forth in the 
preceding sentence.''.</DELETED>

<DELETED>SEC. 4. ORDERS FOR PHYSICAL SEARCHES UNDER FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.</DELETED>

<DELETED>    (a) Description of Intelligence or Law-Enforcement 
Activities of Certain Targets.--Subsection (a) of section 303 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1823) is 
amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (8) and (9) as 
        paragraphs (9) and (10), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (7) the following 
        new paragraph (8):</DELETED>
        <DELETED>    ``(8) in the case of an application covering a 
        target described in section 101(b)(2), a detailed description 
        of--</DELETED>
                <DELETED>    ``(A) any current relationship between the 
                target and any Federal intelligence, intelligence-
                related, or law enforcement activity; and</DELETED>
                <DELETED>    ``(B) any prior relationship between the 
                target and any Federal intelligence, intelligence-
                related, or law enforcement activity that is relevant 
                to a determination of probable cause under section 
                304;''.</DELETED>
<DELETED>    (b) Additional Requirements Regarding Certain 
Applications.--That section is further amended by adding at the end the 
following new subsection:</DELETED>
<DELETED>    ``(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).</DELETED>
<DELETED>    ``(B) An official referred to in subparagraph (A) may not 
delegate the authority to make a request referred to in that 
subparagraph.</DELETED>
<DELETED>    ``(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. The Attorney 
General may not delegate the responsibility set forth in the preceding 
sentence.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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. 
Such official may not delegate the responsibility set forth in the 
preceding sentence.''.</DELETED>

<DELETED>SEC. 5. DISCLOSURE FOR LAW ENFORCEMENT PURPOSES OF INFORMATION 
              ACQUIRED UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
              1978.</DELETED>

<DELETED>    (a) Regulations Relating to Disclosure.--Not later than 
180 days after the date of the enactment of this Act, the Attorney 
General shall prescribe in regulations the following:</DELETED>
        <DELETED>    (1) The circumstances under which information 
        acquired pursuant to title I of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be 
        disclosed for law enforcement purposes under section 106(b) of 
        that Act (50 U.S.C. 1806(b)).</DELETED>
        <DELETED>    (2) The circumstances under which information 
        acquired pursuant to title III of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1821 et seq.) shall be 
        disclosed for law enforcement purposes under section 305(c) of 
        that Act (50 U.S.C. 1825(c)).</DELETED>
        <DELETED>    (3) The circumstances under which information 
        acquired pursuant to title IV of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1841 et seq.) shall be 
        disclosed for law enforcement purposes under section 405(b) of 
        that Act (50 U.S.C. 1845(b)).</DELETED>
<DELETED>    (b) Submittal to Congress.--The Attorney General shall 
submit to the Committees on the Judiciary of the Senate and House of 
Representatives the regulations prescribed by the Attorney General 
under subsection (a).</DELETED>

<DELETED>SEC. 6. COORDINATION OF COUNTERINTELLIGENCE WITH THE FEDERAL 
              BUREAU OF INVESTIGATION.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) in paragraphs (1) and (2), by striking 
        ``paragraph (3)'' and inserting ``paragraph (5)'';</DELETED>
        <DELETED>    (2) by redesignating paragraphs (3), (4), (5), and 
        (6) as paragraphs (5), (6), (7), and (9), 
        respectively;</DELETED>
        <DELETED>    (3) by inserting after paragraph (2) the following 
        new paragraph (3):</DELETED>
<DELETED>    ``(3)(A) The Director of the Federal Bureau of 
Investigation shall notify in writing the head of the department or 
agency concerned of a finding by the Federal Bureau of Investigation 
that the subject of an investigation under paragraph (1) should be left 
in place for investigative purposes.</DELETED>
<DELETED>    ``(B) Not later than 30 days after receiving written 
notification under subparagraph (A), the head of the department or 
agency so notified shall submit to the Director a plan to minimize the 
unauthorized disclosure of classified information by the subject 
concerned.</DELETED>
<DELETED>    ``(C) A plan under this paragraph may be modified if the 
Director and the head of the department or agency concerned jointly 
determine that the modification is warranted. A modification under this 
subparagraph may include a decision that the subject of an 
investigation no longer be left in place for investigative 
purposes.</DELETED>
<DELETED>    ``(D) A disagreement regarding an element of a plan under 
subparagraph (A), including a proposed modification of the plan under 
subparagraph (C), shall be resolved by the Board.''; and</DELETED>
        <DELETED>    (4) in paragraph (5), as so redesignated, by 
        striking ``paragraph (1) or (2)'' and inserting ``paragraph 
        (1), (2), or (3)''.</DELETED>
<DELETED>    (b) Timely Provision of Information and Consultation on 
Espionage Investigations.--Paragraph (2) of that subsection is further 
amended--</DELETED>
        <DELETED>    (1) by inserting ``in a timely manner'' after 
        ``through appropriate channels''; and</DELETED>
        <DELETED>    (2) by inserting ``in a timely manner'' after 
        ``are consulted''.</DELETED>
<DELETED>    (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):</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(B)(i) 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 with the Federal Bureau of Investigation.</DELETED>
<DELETED>    ``(ii) Any examination, interrogation, or other action 
taken under clause (i) shall be taken in consultation with the Federal 
Bureau of Investigation.''.</DELETED>
<DELETED>    (d) Coordination of Information on Espionage 
Investigations.--That subsection is further amended by inserting after 
paragraph (7), as redesignated by subsection (a)(2) of this section, 
the following new paragraph (8):</DELETED>
<DELETED>    ``(8) The Director of the Federal Bureau of Investigation 
shall be responsible for coordinating all information relating to 
espionage investigations, including information on any prior or current 
relationship between the subjects of such investigations and any 
Federal intelligence or intelligence-related activity, within the 
intelligence community and within and among Federal law enforcement 
agencies.''.</DELETED>
<DELETED>    (e) Requests for Technical Assistance.--That section is 
further amended by adding at the end the following new subsection 
(d):</DELETED>
<DELETED>    ``(d) Requests for Technical Assistance.--The Director of 
the Federal Bureau of Investigation and the Director of the National 
Security Agency shall establish procedures to ensure the timely 
evaluation and determinations regarding requests from the Federal 
Bureau of Investigation for technical assistance in counterintelligence 
activities covered by this section.''.</DELETED>

<DELETED>SEC. 7. SEVERABILITY.</DELETED>

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

SECTION 1. SHORT TITLE.

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

SEC. 2. ORDERS FOR ELECTRONIC SURVEILLANCE UNDER THE FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    [(a) Description of Intelligence or Law-Enforcement Activities of 
Certain Targets.--Section 104 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1804) is amended--
            [(1) in subsection (a)--
                    [(A) by redesignating paragraphs (8), (9), (10), 
                and (11) as paragraphs (9), (10), (11), and (12), 
                respectively; and
                    [(B) by inserting after paragraph (7) the following 
                new paragraph (8):
            [``(8) in the case of an application covering a target 
        described in section 101(b)(2), a detailed description of--
                    [``(A) any current relationship between the target 
                and any Federal intelligence, intelligence-related, or 
                law enforcement activity; and
                    [``(B) any prior relationship between the target 
                and any Federal intelligence, intelligence-related, or 
                law enforcement activity that is relevant to a 
                determination of probable cause under section 105;''; 
                and
            [(2) in subsection (b), by striking ``(8), and (11)'' and 
        inserting ``(9), and (12)''.
    [(b) Additional Requirements Regarding Certain Applications.--That 
section is further amended by adding at the end the following new 
subsection:]
    (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.''.
    [(c)] (b) Probable Cause.--Section 105 of that Act (50 U.S.C. 1805) 
is amended--
            (1) by redesignating subsections (b), (c), (d), (e), (f), 
        and (g) as subsections (c), (d), (e), (f), (g), and (h), 
        respectively;
            (2) by inserting after subsection (a) the following new 
        subsection (b):
    ``(b) In determining whether or not probable cause exists for 
purposes of an order under subsection (a)(3), a judge may consider past 
activities of the target, as well as facts and circumstances relating 
to current or future activities of the target.''; and
            (3) in subsection (d), as redesignated by paragraph (1), by 
        striking ``subsection (b)(1)'' and inserting ``subsection 
        (c)(1)''.

SEC. 3. ORDERS FOR PHYSICAL SEARCHES UNDER THE FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT OF 1978.

    [(a) Description of Intelligence or Law-Enforcement Activities of 
Certain Targets.--Subsection (a) of section 303 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1823) is amended--
            [(1) by redesignating paragraphs (8) and (9) as paragraphs 
        (9) and (10), respectively; and
            [(2) by inserting after paragraph (7) the following new 
        paragraph (8):
            [``(8) in the case of an application covering a target 
        described in section 101(b)(2), a detailed description of--
                    [``(A) any current relationship between the target 
                and any Federal intelligence, intelligence-related, or 
                law enforcement activity; and
                    [``(B) any prior relationship between the target 
                and any Federal intelligence, intelligence-related, or 
                law enforcement activity that is relevant to a 
                determination of probable cause under section 304;''.
    [(b) Additional Requirements Regarding Certain Applications.--That 
section is further amended by adding at the end the following new 
subsection:]
    (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.''.
    [(c)] (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. 4. DISCLOSURE FOR LAW ENFORCEMENT PURPOSES OF INFORMATION 
              ACQUIRED UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT 
              OF 1978.

    [(a) Regulations Relating to Disclosure.--Not later than 180 days 
after the date of the enactment of this Act, the Attorney General shall 
prescribe in regulations the following:
            [(1) The circumstances under which information acquired 
        pursuant to title I of the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1801 et seq.) shall be disclosed for law 
        enforcement purposes under section 106(b) of that Act (50 
        U.S.C. 1806(b)).
            [(2) The circumstances under which information acquired 
        pursuant to title III of the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1821 et seq.) shall be disclosed for law 
        enforcement purposes under section 305(c) of that Act (50 
        U.S.C. 1825(c)).
            [(3) The circumstances under which information acquired 
        pursuant to title IV of the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1841 et seq.) shall be disclosed for law 
        enforcement purposes under section 405(b) of that Act (50 
        U.S.C. 1845(b)).
    [(b) Submittal to Congress.--The Attorney General shall submit to 
the Committees on the Judiciary of the Senate and House of 
Representatives the regulations prescribed by the Attorney General 
under subsection (a).]

SEC. 4. DISCLOSURE OF INFORMATION ACQUIRED UNDER THE FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978 FOR LAW ENFORCEMENT 
              PURPOSES.

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

SEC. 5. 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 [(9)] (8), respectively;
            (3) by inserting after paragraph (2) the following new 
        paragraph (3):
    [``(3)(A) The Director of the Federal Bureau of Investigation shall 
notify in writing the head of the department or agency concerned of a 
finding by the Federal Bureau of Investigation that the subject of an 
investigation under paragraph (1) should be left in place for 
investigative purposes.
    [``(B) Not later than 30 days after receiving written notification 
under subparagraph (A), the head of the department or agency so 
notified shall submit to the Director a plan to minimize the 
unauthorized disclosure of classified information by the subject 
concerned.
    [``(C) A plan under this paragraph may be modified if the Director 
and the head of the department or agency concerned jointly determine 
that the modification is warranted. A modification under this 
subparagraph may include a decision that the subject of an 
investigation no longer be left in place for investigative purposes.
    [``(D) A disagreement regarding an element of a plan under 
subparagraph (A), including a proposed modification of the plan under 
subparagraph (C), shall be resolved by the Board.''; and]
    ``(3)(A) The Director of the Federal Bureau of Investigation shall 
submit to the head of the department or agency concerned a written 
assessment of the potential impact of the actions of the department or 
agency on a counterintelligence investigation.
    ``(B) The head of the department or agency concerned shall--
            ``(i) use an assessment under subparagraph (A) as an aid in 
        determining whether, and under what circumstances, the subject 
        of an investigation under paragraph (1) should be left in place 
        for investigative purposes; and
            ``(ii) notify in writing the Director of the Federal Bureau 
        of Investigation of such determination.
    ``(C) The Director of the Federal Bureau of Investigation and the 
head of the department or agency concerned shall continue to consult, 
as appropriate, to review the status of an investigation covered by 
this paragraph and to reassess, as appropriate, a determination of the 
head of the department or agency concerned to leave a subject in place 
for investigative purposes.''; and
            (4) in paragraph (5), as so redesignated, by striking 
        ``paragraph (1) or (2)'' and inserting ``paragraph (1), (2), or 
        (3)''.
    (b) Timely Provision of Information and Consultation on Espionage 
Investigations.--Paragraph (2) of that subsection is further amended--
            (1) by inserting ``in a timely manner'' after ``through 
        appropriate channels''; and
            (2) by inserting ``in a timely manner'' after ``are 
        consulted''.
    (c) Interference With Full Field Espionage Investigations.--That 
subsection is further amended by inserting after paragraph (3), as 
amended by subsection (a) of this section, the following new paragraph 
(4):
    ``(4)(A) The Federal Bureau of Investigation shall notify 
appropriate officials within the executive branch, including the head 
of the department or agency concerned, of the commencement of a full 
field espionage investigation with respect to an employee within the 
executive branch.
    ``(B)(i) 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 
with the Federal Bureau of Investigation.
    ``(ii) Any examination, interrogation, or other action taken under 
clause (i) shall be taken in consultation with the Federal Bureau of 
Investigation.''.
    [(d) Coordination of Information on Espionage Investigations.--That 
subsection is further amended by inserting after paragraph (7), as 
redesignated by subsection (a)(2) of this section, the following new 
paragraph (8):
    [``(8) The Director of the Federal Bureau of Investigation shall be 
responsible for coordinating all information relating to espionage 
investigations, including information on any prior or current 
relationship between the subjects of such investigations and any 
Federal intelligence or intelligence-related activity, within the 
intelligence community and within and among Federal law enforcement 
agencies.''.
    [(e) Requests for Technical Assistance.--That section is further 
amended by adding at the end the following new subsection (d):
    [``(d) Requests for Technical Assistance.--The Director of the 
Federal Bureau of Investigation and the Director of the National 
Security Agency shall establish procedures to ensure the timely 
evaluation and determinations regarding requests from the Federal 
Bureau of Investigation for technical assistance in counterintelligence 
activities covered by this section.''.]

SEC. 6. 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 and Policy Review] 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.--Funds made available pursuant to 
subsection (a), in any fiscal year, shall remain available until 
expended.]
    (b) Availability of Funds.--(1) No funds authorized to be 
appropriated by subsection (a) for the Office of Intelligence Policy 
and Review may be obligated or expended until 30 days after the later 
of the dates on which the Attorney General submits the reports required 
by paragraphs (2) and (3).
    (2)(A) The Attorney General shall submit to the committees of 
Congress specified in subparagraph (B) a report on the manner in which 
the funds authorized to be appropriated by subsection (a) for the 
Office of Intelligence Policy and Review will be used by that Office--
            (i) to improve and strengthen its oversight of Federal 
        Bureau of Investigation field offices in the implementation 
of orders under the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801 et seq.); and
            (ii) to streamline and increase the efficiency of the 
        application process under that Act.
    (B) The committees of Congress referred to in this subparagraph are 
the following:
            (i) The Select Committee on Intelligence and the Committee 
        on the Judiciary of the Senate.
            (ii) The Permanent Select Committee on Intelligence and the 
        Committee on the Judiciary of the House of Representatives.
    (3) In addition to the report required by paragraph (2), the 
Attorney General shall also submit to the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives a report that addresses 
the issues identified in the semiannual report of the Attorney General 
to such committees under section 108(a) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1808(a)) that was submitted in 
April 2000, including any corrective actions with regard to such 
issues. The report under this paragraph shall be submitted in 
classified form.
    (4) Funds made available pursuant to subsection (a), in any fiscal 
year, shall remain available until expended.
    (c) Report on Coordinating National Security and Intelligence 
Functions Within the Department of Justice.--The Attorney General shall 
report to the [Committees on the Judiciary of the Senate and the House 
of Representatives] Select Committee on Intelligence and the Committee 
on the Judiciary of the Senate and the Permanent Select Committee on 
Intelligence and the Committee on the Judiciary of the House of 
Representatives 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. 7. SEVERABILITY.]

SEC. 7. COORDINATION REQUIREMENTS RELATING TO THE PROSECUTION OF CASES 
              INVOLVING CLASSIFIED INFORMATION.

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

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

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

SEC. 8. SEVERABILITY.

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

                                                       Calendar No. 701

106th CONGRESS

  2d Session

                                S. 2089

                          [Report No. 106-352]

_______________________________________________________________________

                                 A BILL

 To amend the Foreign Intelligence Surveillance Act of 1978 to modify 
procedures relating to orders for surveillance and searches for foreign 
             intelligence purposes, and for other purposes.

_______________________________________________________________________

                             July 20, 2000

                        Reported with amendments
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