II

106TH CONGRESS

2D SESSION S. 2089

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

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Counterintelligence Re3 form Act of 2000’’.

4 SEC. 2. CIRCUMSTANCES ESTABLISHING PROBABLE CAUSE

5 FOR ISSUANCE OF ORDERS FOR ELECTRONIC

6 SURVEILLANCE UNDER FOREIGN INTEL7 LIGENCE SURVEILLANCE ACT OF 1978.

8 (a) PAST ACTIVITIES.—Section 105 of the Foreign

9 Intelligence Surveillance Act of 1978 (50 U.S.C. 1805) is

10 amended—

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

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

13 and (h), respectively; and

14 (2) by inserting after subsection (a) the fol15 lowing new subsection (b):

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

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

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

19 as facts and circumstances relating to current or future

20 activities of the target.’’.

21 (b) CONFORMING AMENDMENT.—Subsection (d) of

22 that section, as redesignated by subsection (a)(1) of this

23 section, is amended by striking ‘‘subsection (b)(1)’’ and

24 inserting ‘‘subsection (c)(1)’’.
3

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1 SEC. 3. ORDERS FOR ELECTRONIC SURVEILLANCE UNDER

2 FOREIGN INTELLIGENCE SURVEILLANCE ACT

3 OF 1978.

4 (a) DESCRIPTION OF INTELLIGENCE OR LAW-EN5 FORCEMENT ACTIVITIES OF CERTAIN TARGETS.—Section

6 104 of the Foreign Intelligence Surveillance Act of 1978

7 (50 U.S.C. 1804) is amended—

8 (1) in subsection (a)—

9 (A) by redesignating paragraphs (8), (9),

10 (10), and (11) as paragraphs (9), (10), (11),

11 and (12), respectively; and

12 (B) by inserting after paragraph (7) the

13 following new paragraph (8):

14 ‘‘(8) in the case of an application covering a

15 target described in section 101(b)(2), a detailed de16 scription of—

17 ‘‘(A) any current relationship between the

18 target and any Federal intelligence, intelligence19 related, or law enforcement activity; and

20 ‘‘(B) any prior relationship between the

21 target and any Federal intelligence, intelligence22 related, or law enforcement activity that is rel23 evant to a determination of probable cause

24 under section 105;’’; and

25 (2) in subsection (b), by striking ‘‘(8), and

26 (11)’’ and inserting ‘‘(9), and (12)’’.
4

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1 (b) ADDITIONAL REQUIREMENTS REGARDING CER2 TAIN APPLICATIONS.—That section is further amended by

3 adding at the end the following new subsection:

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

5 the Federal Bureau of Investigation, the Secretary of De6 fense, the Secretary of State, or the Director of Central

7 Intelligence, the Attorney General shall personally review

8 under subsection (a) an application under that subsection

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

10 ‘‘(B) An official referred to in subparagraph (A) may

11 not delegate the authority to make a request referred to

12 in that subparagraph.

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

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

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

16 purposes of making the application under this section, the

17 Attorney General shall provide written notice of the deter18 mination to the official making the request for the review

19 of the application under that paragraph. The Attorney

20 General may not delegate the responsibility set forth in

21 the preceding sentence.

22 ‘‘(B) Notice with respect to an application under sub23 paragraph (A) shall set forth the modifications, if any, of

24 the application that are necessary in order for the Attor25 ney General to approve the application under the second
5

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1 sentence of subsection (a) for purposes of making the ap2 plication under this section.

3 ‘‘(C) Upon review of any modifications of an applica4 tion set forth under subparagraph (B), the official notified

5 of the modifications under this paragraph shall modify the

6 application if such official determines that such modifica7 tion is warranted. Such official shall supervise the making

8 of any modification under this subparagraph. Such official

9 may not delegate the responsibility set forth in the pre10 ceding sentence.’’.

11 SEC. 4. ORDERS FOR PHYSICAL SEARCHES UNDER FOR12 EIGN INTELLIGENCE SURVEILLANCE ACT OF

13 1978.

14 (a) DESCRIPTION OF INTELLIGENCE OR LAW-EN15 FORCEMENT ACTIVITIES OF CERTAIN TARGETS.—Sub16 section (a) of section 303 of the Foreign Intelligence Sur17 veillance Act of 1978 (50 U.S.C. 1823) is amended—

18 (1) by redesignating paragraphs (8) and (9) as

19 paragraphs (9) and (10), respectively; and

20 (2) by inserting after paragraph (7) the fol21 lowing new paragraph (8):

22 ‘‘(8) in the case of an application covering a

23 target described in section 101(b)(2), a detailed de24 scription of—
6

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1 ‘‘(A) any current relationship between the

2 target and any Federal intelligence, intelligence3 related, or law enforcement activity; and

4 ‘‘(B) any prior relationship between the

5 target and any Federal intelligence, intelligence6 related, or law enforcement activity that is rel7 evant to a determination of probable cause

8 under section 304;’’.

9 (b) ADDITIONAL REQUIREMENTS REGARDING CER10 TAIN APPLICATIONS.—That section is further amended by

11 adding at the end the following new subsection:

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

13 the Federal Bureau of Investigation, the Secretary of De14 fense, the Secretary of State, or the Director of Central

15 Intelligence, the Attorney General shall personally review

16 under subsection (a) an application under that subsection

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

18 ‘‘(B) An official referred to in subparagraph (A) may

19 not delegate the authority to make a request referred to

20 in that subparagraph.

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

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

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

24 purposes of making the application under this section, the

25 Attorney General shall provide written notice of the deter-
7

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1 mination to the official making the request for the review

2 of the application under that paragraph. The Attorney

3 General may not delegate the responsibility set forth in

4 the preceding sentence.

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

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

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

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

13 of the modifications under this paragraph shall modify the

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

16 of any modification under this subparagraph. Such official

17 may not delegate the responsibility set forth in the pre18 ceding sentence.’’.

19 SEC. 5. DISCLOSURE FOR LAW ENFORCEMENT PURPOSES

20 OF INFORMATION ACQUIRED UNDER FOR21 EIGN INTELLIGENCE SURVEILLANCE ACT OF

22 1978.

23 (a) REGULATIONS RELATING TO DISCLOSURE.—Not

24 later than 180 days after the date of the enactment of
8

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1 this Act, the Attorney General shall prescribe in regula2 tions the following:

3 (1) The circumstances under which information

4 acquired pursuant to title I of the Foreign Intel5 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et

6 seq.) shall be disclosed for law enforcement purposes

7 under section 106(b) of that Act (50 U.S.C.

8 1806(b)).

9 (2) The circumstances under which information

10 acquired pursuant to title III of the Foreign Intel11 ligence Surveillance Act of 1978 (50 U.S.C. 1821 et

12 seq.) shall be disclosed for law enforcement purposes

13 under section 305(c) of that Act (50 U.S.C.

14 1825(c)).

15 (3) The circumstances under which information

16 acquired pursuant to title IV of the Foreign Intel17 ligence Surveillance Act of 1978 (50 U.S.C. 1841 et

18 seq.) shall be disclosed for law enforcement purposes

19 under section 405(b) of that Act (50 U.S.C.

20 1845(b)).

21 (b) SUBMITTAL TO CONGRESS.—The Attorney Gen22 eral shall submit to the Committees on the Judiciary of

23 the Senate and House of Representatives the regulations

24 prescribed by the Attorney General under subsection (a).
9

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1 SEC. 6. COORDINATION OF COUNTERINTELLIGENCE WITH

2 THE FEDERAL BUREAU OF INVESTIGATION.

3 (a) TREATMENT OF CERTAIN SUBJECTS OF INVES4 TIGATION.—Subsection (c) of section 811 of the Intel5 ligence Authorization Act for Fiscal Year 1995 (50 U.S.C.

6 402a) is amended—

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

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

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

10 and (6) as paragraphs (5), (6), (7), and (9), respec11 tively;

12 (3) by inserting after paragraph (2) the fol13 lowing new paragraph (3):

14 ‘‘(3)(A) The Director of the Federal Bureau of Inves15 tigation shall notify in writing the head of the department

16 or agency concerned of a finding by the Federal Bureau

17 of Investigation that the subject of an investigation under

18 paragraph (1) should be left in place for investigative pur19 poses.

20 ‘‘(B) Not later than 30 days after receiving written

21 notification under subparagraph (A), the head of the de22 partment or agency so notified shall submit to the Direc23 tor a plan to minimize the unauthorized disclosure of clas24 sified information by the subject concerned.

25 ‘‘(C) A plan under this paragraph may be modified

26 if the Director and the head of the department or agency
10

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1 concerned jointly determine that the modification is war2 ranted. A modification under this subparagraph may in3 clude a decision that the subject of an investigation no

4 longer be left in place for investigative purposes.

5 ‘‘(D) A disagreement regarding an element of a plan

6 under subparagraph (A), including a proposed modifica7 tion of the plan under subparagraph (C), shall be resolved

8 by the Board.’’; and

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

10 striking ‘‘paragraph (1) or (2)’’ and inserting ‘‘para11 graph (1), (2), or (3)’’.

12 (b) TIMELY PROVISION OF INFORMATION AND CON13 SULTATION ON ESPIONAGE INVESTIGATIONS.—Paragraph

14 (2) of that subsection is further amended—

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

16 ‘‘through appropriate channels’’; and

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

18 ‘‘are consulted’’.

19 (c) INTERFERENCE WITH FULL FIELD ESPIONAGE

20 INVESTIGATIONS.—That subsection is further amended by

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

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

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

24 notify appropriate officials within the executive branch, in25 cluding the head of the department or agency concerned,
11

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1 of the commencement of a full field espionage investiga2 tion with respect to an employee within the executive

3 branch.

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

5 polygraph examination, interrogate, or otherwise take any

6 action that is likely to alert an employee covered by a no7 tice under subparagraph (A) of an investigation described

8 in that subparagraph without prior coordination with the

9 Federal Bureau of Investigation.

10 ‘‘(ii) Any examination, interrogation, or other action

11 taken under clause (i) shall be taken in consultation with

12 the Federal Bureau of Investigation.’’.

13 (d) COORDINATION OF INFORMATION ON ESPIONAGE

14 INVESTIGATIONS.—That subsection is further amended by

15 inserting after paragraph (7), as redesignated by sub16 section (a)(2) of this section, the following new paragraph

17 (8):

18 ‘‘(8) The Director of the Federal Bureau of Inves19 tigation shall be responsible for coordinating all informa20 tion relating to espionage investigations, including infor21 mation on any prior or current relationship between the

22 subjects of such investigations and any Federal intel23 ligence or intelligence-related activity, within the intel24 ligence community and within and among Federal law en25 forcement agencies.’’.
12

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1 (e) REQUESTS FOR TECHNICAL ASSISTANCE.—That

2 section is further amended by adding at the end the fol3 lowing new subsection (d):

4 ‘‘(d) REQUESTS FOR TECHNICAL ASSISTANCE.—The

5 Director of the Federal Bureau of Investigation and the

6 Director of the National Security Agency shall establish

7 procedures to ensure the timely evaluation and determina8 tions regarding requests from the Federal Bureau of In9 vestigation for technical assistance in counterintelligence

10 activities covered by this section.’’.

11 SEC. 7. SEVERABILITY.

12 If any provision of this Act (including an amendment

13 made by this Act), or the application thereof, to any per14 son or circumstance, is held invalid, the remainder of this

15 Act (including the amendments made by this Act), and

16 the application thereof, to other persons or circumstances

17 shall not be affected thereby.

18 SECTION 1. SHORT TITLE.

19 This Act may be cited as the ‘‘Counterintelligence Re20 form Act of 2000’’.

21 SEC. 2. ORDERS FOR ELECTRONIC SURVEILLANCE UNDER

22 THE FOREIGN INTELLIGENCE SURVEILLANCE

23 ACT OF 1978.

24 (a) DESCRIPTION OF INTELLIGENCE OR LAW-EN25 FORCEMENT ACTIVITIES OF CERTAIN TARGETS.—Section
13

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1 104 of the Foreign Intelligence Surveillance Act of 1978 (50

2 U.S.C. 1804) is amended—

3 (1) in subsection (a)—

4 (A) by redesignating paragraphs (8), (9),

5 (10), and (11) as paragraphs (9), (10), (11), and

6 (12), respectively; and

7 (B) by inserting after paragraph (7) the fol8 lowing new paragraph (8):

9 ‘‘(8) in the case of an application covering a tar10 get described in section 101(b)(2), a detailed descrip11 tion of—

12 ‘‘(A) any current relationship between the

13 target and any Federal intelligence, intelligence14 related, or law enforcement activity; and

15 ‘‘(B) any prior relationship between the tar16 get and any Federal intelligence, intelligence-re17 lated, or law enforcement activity that is rel18 evant to a determination of probable cause under

19 section 105;’’; and

20 (2) in subsection (b), by striking ‘‘(8), and (11)’’

21 and inserting ‘‘(9), and (12)’’.

22 (b) ADDITIONAL REQUIREMENTS REGARDING CERTAIN

23 APPLICATIONS.—That section is further amended by adding

24 at the end the following new subsection:
14

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

2 Federal Bureau of Investigation, the Secretary of Defense,

3 the Secretary of State, or the Director of Central Intel4 ligence, the Attorney General shall personally review under

5 subsection (a) an application under that subsection for a

6 target described in section 101(b)(2).

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

8 to make a request referred to in subparagraph (A), an offi9 cial referred to in that subparagraph may not delegate the

10 authority to make a request referred to in that subpara11 graph.

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

13 (1) the Attorney General determines not to approve an ap14 plication under the second sentence of subsection (a) for

15 purposes of making the application under this section, the

16 Attorney General shall provide written notice of the deter17 mination to the official making the request for the review

18 of the application under that paragraph. Except when dis19 abled or otherwise unavailable to make a determination

20 under the preceding sentence, the Attorney General may not

21 delegate the responsibility to make a determination under

22 that sentence.

23 ‘‘(B) Notice with respect to an application under sub24 paragraph (A) shall set forth the modifications, if any, of

25 the application that are necessary in order for the Attorney
15

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1 General to approve the application under the second sen2 tence of subsection (a) for purposes of making the applica3 tion under this section.

4 ‘‘(C) Upon review of any modifications of an applica5 tion set forth under subparagraph (B), the official notified

6 of the modifications under this paragraph shall modify the

7 application if such official determines that such modifica8 tion is warranted. Such official shall supervise the making

9 of any modification under this subparagraph. Except when

10 disabled or otherwise unavailable to supervise the making

11 of any modification under the preceding sentence, such offi12 cial may not delegate the responsibility to supervise the

13 making of any modification under that preceding sen14 tence.’’.

15 (c) PROBABLE CAUSE.—Section 105 of that Act (50

16 U.S.C. 1805) is amended—

17 (1) by redesignating subsections (b), (c), (d), (e),

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

19 (h), respectively;

20 (2) by inserting after subsection (a) the following

21 new subsection (b):

22 ‘‘(b) In determining whether or not probable cause ex23 ists for purposes of an order under subsection (a)(3), a judge

24 may consider past activities of the target, as well as facts
16

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1 and circumstances relating to current or future activities

2 of the target.’’; and

3 (3) in subsection (d), as redesignated by para4 graph (1), by striking ‘‘subsection (b)(1)’’ and insert5 ing ‘‘subsection (c)(1)’’.

6 SEC. 3. ORDERS FOR PHYSICAL SEARCHES UNDER THE

7 FOREIGN INTELLIGENCE SURVEILLANCE ACT

8 OF 1978.

9 (a) DESCRIPTION OF INTELLIGENCE OR LAW-EN10 FORCEMENT ACTIVITIES OF CERTAIN TARGETS.—Sub11 section (a) of section 303 of the Foreign Intelligence Surveil12 lance Act of 1978 (50 U.S.C. 1823) is amended—

13 (1) by redesignating paragraphs (8) and (9) as

14 paragraphs (9) and (10), respectively; and

15 (2) by inserting after paragraph (7) the fol16 lowing new paragraph (8):

17 ‘‘(8) in the case of an application covering a tar18 get described in section 101(b)(2), a detailed descrip19 tion of—

20 ‘‘(A) any current relationship between the

21 target and any Federal intelligence, intelligence22 related, or law enforcement activity; and

23 ‘‘(B) any prior relationship between the tar24 get and any Federal intelligence, intelligence-re25 lated, or law enforcement activity that is rel-
17

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1 evant to a determination of probable cause under

2 section 304;’’.

3 (b) ADDITIONAL REQUIREMENTS REGARDING CERTAIN

4 APPLICATIONS.—That section is further amended by adding

5 at the end the following new subsection:

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

7 Federal Bureau of Investigation, the Secretary of Defense,

8 the Secretary of State, or the Director of Central Intel9 ligence, the Attorney General shall personally review under

10 subsection (a) an application under that subsection for a

11 target described in section 101(b)(2).

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

13 to make a request referred to in subparagraph (A), an offi14 cial referred to in that subparagraph may not delegate the

15 authority to make a request referred to in that subpara16 graph.

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

18 (1) the Attorney General determines not to approve an ap19 plication under the second sentence of subsection (a) for

20 purposes of making the application under this section, the

21 Attorney General shall provide written notice of the deter22 mination to the official making the request for the review

23 of the application under that paragraph. Except when dis24 abled or otherwise unavailable to make a determination

25 under the preceding sentence, the Attorney General may not
18

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1 delegate the responsibility to make a determination under

2 that sentence.

3 ‘‘(B) Notice with respect to an application under sub4 paragraph (A) shall set forth the modifications, if any, of

5 the application that are necessary in order for the Attorney

6 General to approve the application under the second sen7 tence of subsection (a) for purposes of making the applica8 tion under this section.

9 ‘‘(C) Upon review of any modifications of an applica10 tion set forth under subparagraph (B), the official notified

11 of the modifications under this paragraph shall modify the

12 application if such official determines that such modifica13 tion is warranted. Such official shall supervise the making

14 of any modification under this subparagraph. Except when

15 disabled or otherwise unavailable to supervise the making

16 of any modification under the preceding sentence, such offi17 cial may not delegate the responsibility to supervise the

18 making of any modification under that preceding sen19 tence.’’.

20 (c) PROBABLE CAUSE.—Section 304 of that Act (50

21 U.S.C. 1824) is amended—

22 (1) by redesignating subsections (b), (c), (d), and

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

24 and
19

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1 (2) by inserting after subsection (a) the following

2 new subsection (b):

3 ‘‘(b) In determining whether or not probable cause ex4 ists for purposes of an order under subsection (a)(3), a judge

5 may consider past activities of the target, as well as facts

6 and circumstances relating to current or future activities

7 of the target.’’.

8 SEC. 4. DISCLOSURE FOR LAW ENFORCEMENT PURPOSES

9 OF INFORMATION ACQUIRED UNDER THE

10 FOREIGN INTELLIGENCE SURVEILLANCE ACT

11 OF 1978.

12 (a) REGULATIONS RELATING TO DISCLOSURE.—Not

13 later than 180 days after the date of the enactment of this

14 Act, the Attorney General shall prescribe in regulations the

15 following:

16 (1) The circumstances under which information

17 acquired pursuant to title I of the Foreign Intel18 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et

19 seq.) shall be disclosed for law enforcement purposes

20 under section 106(b) of that Act (50 U.S.C. 1806(b)).

21 (2) The circumstances under which information

22 acquired pursuant to title III of the Foreign Intel23 ligence Surveillance Act of 1978 (50 U.S.C. 1821 et

24 seq.) shall be disclosed for law enforcement purposes

25 under section 305(c) of that Act (50 U.S.C. 1825(c)).
20

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1 (3) The circumstances under which information

2 acquired pursuant to title IV of the Foreign Intel3 ligence Surveillance Act of 1978 (50 U.S.C. 1841 et

4 seq.) shall be disclosed for law enforcement purposes

5 under section 405(b) of that Act (50 U.S.C. 1845(b)).

6 (b) SUBMITTAL TO CONGRESS.—The Attorney General

7 shall submit to the Committees on the Judiciary of the Sen8 ate and House of Representatives the regulations prescribed

9 by the Attorney General under subsection (a).

10 SEC. 5. COORDINATION OF COUNTERINTELLIGENCE WITH

11 THE FEDERAL BUREAU OF INVESTIGATION.

12 (a) TREATMENT OF CERTAIN SUBJECTS OF INVES13 TIGATION.—Subsection (c) of section 811 of the Intelligence

14 Authorization Act for Fiscal Year 1995 (50 U.S.C. 402a)

15 is amended—

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

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

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

19 and (6) as paragraphs (5), (6), (7), and (9), respec20 tively;

21 (3) by inserting after paragraph (2) the fol22 lowing new paragraph (3):

23 ‘‘(3)(A) The Director of the Federal Bureau of Inves24 tigation shall notify in writing the head of the department

25 or agency concerned of a finding by the Federal Bureau
21

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1 of Investigation that the subject of an investigation under

2 paragraph (1) should be left in place for investigative pur3 poses.

4 ‘‘(B) Not later than 30 days after receiving written

5 notification under subparagraph (A), the head of the de6 partment or agency so notified shall submit to the Director

7 a plan to minimize the unauthorized disclosure of classified

8 information by the subject concerned.

9 ‘‘(C) A plan under this paragraph may be modified

10 if the Director and the head of the department or agency

11 concerned jointly determine that the modification is war12 ranted. A modification under this subparagraph may in13 clude a decision that the subject of an investigation no

14 longer be left in place for investigative purposes.

15 ‘‘(D) A disagreement regarding an element of a plan

16 under subparagraph (A), including a proposed modifica17 tion of the plan under subparagraph (C), shall be resolved

18 by the Board.’’; and

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

20 striking ‘‘paragraph (1) or (2)’’ and inserting ‘‘para21 graph (1), (2), or (3)’’.

22 (b) TIMELY PROVISION OF INFORMATION AND CON23 SULTATION ON ESPIONAGE INVESTIGATIONS.—Paragraph

24 (2) of that subsection is further amended—
22

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

2 ‘‘through appropriate channels’’; and

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

4 consulted’’.

5 (c) INTERFERENCE WITH FULL FIELD ESPIONAGE IN6 VESTIGATIONS.—That subsection is further amended by in7 serting after paragraph (3), as amended by subsection (a)

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

9 ‘‘(4)(A) The Federal Bureau of Investigation shall no10 tify appropriate officials within the executive branch, in11 cluding the head of the department or agency concerned,

12 of the commencement of a full field espionage investigation

13 with respect to an employee within the executive branch.

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

15 polygraph examination, interrogate, or otherwise take any

16 action that is likely to alert an employee covered by a notice

17 under subparagraph (A) of an investigation described in

18 that subparagraph without prior coordination with the

19 Federal Bureau of Investigation.

20 ‘‘(ii) Any examination, interrogation, or other action

21 taken under clause (i) shall be taken in consultation with

22 the Federal Bureau of Investigation.’’.

23 (d) COORDINATION OF INFORMATION ON ESPIONAGE

24 INVESTIGATIONS.—That subsection is further amended by
23

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1 inserting after paragraph (7), as redesignated by subsection

2 (a)(2) of this section, the following new paragraph (8):

3 ‘‘(8) The Director of the Federal Bureau of Investiga4 tion shall be responsible for coordinating all information

5 relating to espionage investigations, including information

6 on any prior or current relationship between the subjects

7 of such investigations and any Federal intelligence or intel8 ligence-related activity, within the intelligence community

9 and within and among Federal law enforcement agencies.’’.

10 (e) REQUESTS FOR TECHNICAL ASSISTANCE.—That

11 section is further amended by adding at the end the fol12 lowing new subsection (d):

13 ‘‘(d) REQUESTS FOR TECHNICAL ASSISTANCE.—The

14 Director of the Federal Bureau of Investigation and the Di15 rector of the National Security Agency shall establish proce16 dures to ensure the timely evaluation and determinations

17 regarding requests from the Federal Bureau of Investigation

18 for technical assistance in counterintelligence activities cov19 ered by this section.’’.

20 SEC. 6. ENHANCING PROTECTION OF NATIONAL SECURITY

21 AT THE DEPARTMENT OF JUSTICE.

22 (a) AUTHORIZATION FOR INCREASED RESOURCES TO

23 FULFILL NATIONAL SECURITY MISSION OF THE DEPART24 MENT OF JUSTICE.—There are authorized to be appro25 priated to the Department of Justice for the activities of
24

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1 the Office of Intelligence and Policy Review to help meet

2 the increased personnel demands to combat terrorism, proc3 ess applications to the Foreign Intelligence Surveillance

4 Court, participate effectively in counter-espionage inves5 tigations, provide policy analysis on national security

6 issues, and enhance secure computer and telecommuni7 cations facilities—

8 (1) $7,000,000 for fiscal year 2001;

9 (2) $7,500,000 for fiscal year 2002; and

10 (3) $8,000,000 for fiscal year 2003.

11 (b) AVAILABILITY OF FUNDS.—Funds made available

12 pursuant to subsection (a), in any fiscal year, shall remain

13 available until expended.

14 (c) REPORT ON COORDINATING NATIONAL SECURITY

15 AND INTELLIGENCE FUNCTIONS WITHIN THE DEPARTMENT

16 OF JUSTICE.—The Attorney General shall report to the

17 Committees on the Judiciary of the Senate and the House

18 of Representatives within 120 days on actions that have

19 been or will be taken by the Department to—

20 (1) promote quick and efficient responses to na21 tional security issues;

22 (2) centralize a point-of-contact within the De23 partment on national security matters for external

24 entities and agencies; and
25

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1 (3) coordinate the dissemination of intelligence

2 information within the appropriate components of the

3 Department and the formulation of policy on na4 tional security issues.

5 SEC. 7. SEVERABILITY.

6 If any provision of this Act (including an amendment

7 made by this Act), or the application thereof, to any person

8 or circumstance, is held invalid, the remainder of this Act

9 (including the amendments made by this Act), and the ap10 plication thereof, to other persons or circumstances shall not

11 be affected thereby.

Æ