In the Senate of the United States,
October 2 (legislative day, September 22), 2000.
Resolved, That the bill from the House of Representa-
tives (H.R. 4392) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 2001 for intelligence and intelligence-re-
lated activities of the United States Government, the Commu-
nity Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘In-
telligence Authorization Act for Fiscal Year 2001’’.
HR 4392 EAS
(b) TABLE OF CONTENTS.—The table of contents for
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.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III—GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Prohibition on unauthorized disclosure of classified information.
Sec. 304. POW/MIA analytic capability within the intelligence community.
Sec. 305. Applicability to lawful United States intelligence activities of Federal
laws implementing international treaties and agreements.
Sec. 306. Limitation on handling, retention, and storage of certain classified ma-
terials by the Department of State.
Sec. 307. Clarification of standing of United States citizens to challenge certain
blocking of assets.
Sec. 308. Availability of certain funds for administrative costs of Counterdrug In-
telligence Executive Secretariat.
Sec. 309. Designation of Daniel Patrick Moynihan Place.
TITLE IV—CENTRAL INTELLIGENCE AGENCY
Sec. 401. Expansion of Inspector General actions requiring a report to Congress.
Sec. 402. Subpoena authority of the Inspector General.
Sec. 403. Improvement and extension of central services program.
Sec. 404. Details 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. Two-year extension of authority to engage in commercial activities as
security for intelligence collection activities.
Sec. 502. Role of Director of Central Intelligence in experimental personnel pro-
gram for certain scientific and technical personnel.
Sec. 503. Prohibition on transfer of imagery analysts from General Defense Intel-
ligence Program to National Imagery and Mapping Agency Pro-
gram.
Sec. 504. Prohibition on transfer of collection management personnel from Gen-
eral Defense Intelligence Program to Community Management
Account.
Sec. 505. Authorized personnel ceiling for General Defense Intelligence Program.
HR 4392 EAS
Sec. 506. Measurement and signature intelligence.
TITLE VI—COUNTERINTELLIGENCE MATTERS
Sec. 601. Short title.
Sec. 602. Orders for electronic surveillance under the Foreign Intelligence Surveil-
lance 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 Sur-
veillance Act of 1978 for law enforcement purposes.
Sec. 605. Coordination of counterintelligence with the Federal Bureau of Inves-
tigation.
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—DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL
ARMY
Sec. 701. Short title.
Sec. 702. Establishment of Japanese Imperial Army Records Interagency Work-
ing Group.
Sec. 703. Requirement of disclosure of records.
Sec. 704. Expedited processing of FOIA requests for Japanese Imperial Army
records.
Sec. 705. Effective date.
TITLE VIII—DECLASSIFICATION OF INFORMATION
Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Public Interest Declassification Board.
Sec. 804. Identification, collection, and review for declassification of information
of archival value or extraordinary public interest.
Sec. 805. Protection of national security information and other information.
Sec. 806. Standards and procedures.
Sec. 807. Judicial review.
Sec. 808. Funding.
Sec. 809. Definitions.
Sec. 810. Sunset.
TITLE I—INTELLIGENCE
ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION OF APPROPRIATIONS FOR FISCAL
YEAR 2001.—Funds are hereby authorized to be appro-
priated for fiscal year 2001 for the conduct of the intel-
HR 4392 EAS
ligence 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 National Reconnaissance Office.
(6) The National Imagery and Mapping Agency.
(7) The Department of the Army, the Depart-
ment of the Navy, and the Department of the Air
Force.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Federal Bureau of Investigation.
(b) AUTHORIZATION OF APPROPRIATIONS FOR CER-
TAIN ELEMENTS
FOR FISCAL YEARS 2002 THROUGH
2005.—Funds are hereby authorized to be appropriated for
each of fiscal years 2002 through 2005 for the conduct in
each such fiscal year of the intelligence and intelligence-re-
lated activities of the following elements of the United States
Government:
(1) The Central Intelligence Agency.
(2) The Defense Intelligence Agency.
(3) The National Security Agency.
HR 4392 EAS
(4) The National Reconnaissance Office.
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 re-
port on the bill llll of the One Hundred Sixth Con-
gress.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.—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 ap-
proval 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
HR 4392 EAS
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 two
percent of the number of civilian personnel authorized
under such section for such element.
(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di-
rector of Central Intelligence shall promptly notify the Se-
lect Committee on Intelligence of the Senate and the Perma-
nent Select Committee on Intelligence of the House of Rep-
resentatives whenever the Director exercises the authority
granted by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be ap-
propriated for the Community Management Account
of the Director of Central Intelligence for fiscal year
2001 the sum of $232,051,000.
(2) AVAILABILITY
FOR
ADVANCED
RESEARCH
AND DEVELOPMENT COMMITTEE.—Within the amount
authorized to be appropriated in paragraph (1),
amounts identified in the classified Schedule of Au-
thorizations referred to in section 102(a) for the Ad-
vanced Research and Development Committee shall
remain available until September 30, 2002.
HR 4392 EAS
(b) AUTHORIZED PERSONNEL LEVELS.—The elements
within the Community Management Account of the Direc-
tor of Central Intelligence are authorized a total of 618 full-
time personnel as of September 30, 2001. Personnel serving
in such elements may be permanent employees of the Com-
munity Management Account element 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 sub-
section (a), there is also authorized to be appropriated
for the Community Management Account for fiscal
year 2001 such additional amounts as are specified
in the classified Schedule of Authorizations referred to
in section 102(a).
(2) AUTHORIZATION OF PERSONNEL.—In addi-
tion to the personnel authorized by subsection (b) for
elements of the Community Management Account as
of September 30, 2001, there is hereby authorized such
additional personnel for such elements as of that date
as is specified in the classified Schedule of Authoriza-
tions.
(d) REIMBURSEMENT.—Except as provided in section
113 of the National Security Act of 1947 (50 U.S.C. 404h),
HR 4392 EAS
during fiscal year 2001, any officer or employee of the
United States or member of the Armed Forces who is de-
tailed to the staff of an element within 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 one year for the performance of temporary func-
tions 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), $27,000,000 shall
be available for the National Drug Intelligence Cen-
ter. Within such amount, funds provided for research,
development, test, and evaluation purposes shall re-
main 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 Cen-
tral Intelligence shall transfer to the Attorney General
of the United States funds available for the National
Drug Intelligence Center under paragraph (1). The
Attorney General shall utilize funds so transferred for
activities of the National Drug Intelligence Center.
HR 4392 EAS
(3) LIMITATION.—Amounts available for the Na-
tional 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.
TITLE 
II—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fis-
cal year 2001 the sum of $216,000,000.
TITLE III—GENERAL
PROVISIONS
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
HR 4392 EAS
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. PROHIBITION ON UNAUTHORIZED DISCLOSURE
OF CLASSIFIED INFORMATION.
(a) IN GENERAL.—Chapter 37 of title 18, United
States Code, is amended—
(1) by redesignating section 798A as section
798B; and
(2) by inserting after section 798 the following
new section 798A:
‘‘§ 798A. Unauthorized disclosure of classified infor-
mation
‘‘(a) PROHIBITION.—Whoever, being an officer or em-
ployee of the United States, a former or retired officer or
employee of the United States, any other person with au-
thorized access to classified information, or any other per-
son formerly with authorized access to classified informa-
tion, knowingly and willfully discloses, or attempts to dis-
close, any classified information acquired as a result of such
HR 4392 EAS
person’s authorized access to classified information to a per-
son (other than an officer or employee of the United States)
who is not authorized access to such classified information,
knowing that the person is not authorized access to such
classified information, shall be fined under this title, im-
prisoned not more than 3 years, or both.
‘‘(b) CONSTRUCTION
OF PROHIBITION.—Nothing in
this section shall be construed to establish criminal liability
for disclosure of classified information in accordance with
applicable law to the following:
‘‘(1) Any justice or judge of a court of the United
States established pursuant to article III of the Con-
stitution of the United States.
‘‘(2) The Senate or House of Representatives, or
any committee or subcommittee thereof, or joint com-
mittee thereof, or any member of Congress.
‘‘(3) A person or persons acting on behalf of a
foreign power (including an international organiza-
tion) if the disclosure—
‘‘(A) is made by an officer or employee of
the United States who has been authorized to
make the disclosure; and
‘‘(B) is within the scope of such officer’s or
employee’s duties.
HR 4392 EAS
‘‘(4) Any other person authorized to receive the
classified information.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘authorized’, in the case of access
to classified information, means having authority or
permission to have access to the classified information
pursuant to the provisions of a statute, Executive
Order, regulation, or directive of the head of any de-
partment or agency who is empowered to classify in-
formation, an order of any United States court, or a
provision of any Resolution of the Senate or Rule of
the House of Representatives which governs release of
classified information by such House of Congress.
‘‘(2) The term ‘classified information’ means in-
formation or material properly classified and clearly
marked or represented, or that the person knows or
has reason to believe has been properly classified by
appropriate authorities, pursuant to the provisions of
a statute or Executive Order, as requiring protection
against unauthorized disclosure for reasons of na-
tional security.
‘‘(3) The term ‘officer or employee of the United
States’ means the following:
‘‘(A) An officer or employee (as those terms
are defined in sections 2104 and 2105 of title 5).
HR 4392 EAS
‘‘(B) An officer or enlisted member of the
Armed Forces (as those terms are defined in sec-
tion 101(b) of title 10).’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of that chapter is amended by striking the
item relating to section 798A and inserting the following
new items:
‘‘798A. Unauthorized disclosure of classified information.
‘‘798B. Temporary extension of section 794.’’.
SEC. 304. POW/MIA ANALYTIC CAPABILITY WITHIN THE IN-
TELLIGENCE COMMUNITY.
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:
‘‘POW/MIA ANALYTIC CAPABILITY
‘‘SEC. 115. (a) REQUIREMENT.—(1) The Director of
Central Intelligence shall, in consultation with the Sec-
retary 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 unaccounted for United States personnel.
‘‘(2) The analytic capability maintained under para-
graph (1) shall be known as the ‘POW/MIA analytic capa-
bility of the intelligence community’.
‘‘(b) SCOPE OF RESPONSIBILITY.—The responsibilities
of the analytic capability maintained under subsection (a)
shall—
HR 4392 EAS
‘‘(1) extend to any activities of the Federal Gov-
ernment with respect to unaccounted for United
States personnel after December 31, 1999; and
‘‘(2) include support for any department or
agency of the Federal Government engaged in such
activities.
‘‘(c) UNACCOUNTED FOR UNITED STATES PERSONNEL
DEFINED.—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 Government and whose remains have not been
repatriated to the United States.’’.
SEC. 305. APPLICABILITY TO LAWFUL UNITED STATES IN-
TELLIGENCE ACTIVITIES OF FEDERAL LAWS
IMPLEMENTING INTERNATIONAL TREATIES
AND AGREEMENTS.
The National Security Act of 1947 (50 U.S.C. 401 et
seq.) is amended by adding at the end the following:
HR 4392 EAS
‘‘TITLE X—MISCELLANEOUS
‘‘APPLICABILITY TO UNITED STATES INTELLIGENCE ACTIVI-
TIES
OF
FEDERAL
LAWS
IMPLEMENTING
INTER-
NATIONAL TREATIES AND AGREEMENTS
‘‘SEC. 1001. (a) IN GENERAL.—No Federal law en-
acted 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 in-
telligence activity of the United States Government or its
employees, or any other person to the extent such other per-
son is carrying out such activity on behalf of, and at the
direction of, the United States, unless such Federal law spe-
cifically addresses such intelligence activity.
‘‘(b) AUTHORIZED INTELLIGENCE ACTIVITIES.—An
intelligence activity shall be treated as authorized for pur-
poses of subsection (a) if the intelligence activity is author-
ized by an appropriate official of the United States Govern-
ment, acting within the scope of the official duties of that
official and in compliance with Federal law and any appli-
cable Presidential directive.’’.
HR 4392 EAS
SEC. 306. LIMITATION ON HANDLING, RETENTION, AND
STORAGE OF CERTAIN CLASSIFIED MATE-
RIALS BY THE DEPARTMENT OF STATE.
(a) CERTIFICATION REGARDING FULL COMPLIANCE
WITH REQUIREMENTS.—The Director of Central Intel-
ligence shall certify to the appropriate committees of Con-
gress 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 han-
dling, 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 ele-
ment is currently subject to a waiver of compliance with
respect to any such directive.
(c) REPORT ON NONCOMPLIANCE.—Whenever the Di-
rector of Central Intelligence determines that a covered ele-
ment 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 Con-
gress of such determination.
(d) EFFECTS OF CERTIFICATION OF NON-FULL COM-
PLIANCE.—(1) Subject to subsection (e), effective as of Jan-
uary 1, 2001, a covered element of the Department of State
may not retain or store covered classified information un-
HR 4392 EAS
less 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 re-
main in effect until 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
INTEL-
LIGENCE.—(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 commit-
tees of Congress a report on each exercise of the waiver au-
thority 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.
HR 4392 EAS
(C) The actions, if any, that will be taken to
bring such element into full compliance with the di-
rectives 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, re-
tained, or stored by such element pending achieve-
ment of full compliance of such element with such di-
rectives.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Con-
gress’’ means the following:
(A) The Select Committee on Intelligence
and the Committee on Foreign Relations of the
Senate.
(B) The Permanent Select Committee on In-
telligence and the Committee on International
Relations of the House of Representatives.
(2) The term ‘‘covered classified material’’ means
any material classified at the Sensitive Compart-
mented 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.
HR 4392 EAS
(4) The term ‘‘material’’ means any data, re-
gardless of physical form or characteristic, including
written or printed matter, automated information
systems storage media, maps, charts, paintings, draw-
ings, 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 Infor-
mation (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. 307. CLARIFICATION OF STANDING OF UNITED STATES
CITIZENS TO CHALLENGE CERTAIN BLOCK-
ING OF ASSETS.
The Foreign Narcotics Kingpin Designation Act (title
VIII of Public Law 106–120; 113 Stat. 1626; 21 U.S.C.
1901 et seq.) is amended by adding at the end the following
new section:
HR 4392 EAS
‘‘SEC. 811. STANDING OF UNITED STATES CITIZENS TO
CHALLENGE BLOCKING OF ASSETS.
‘‘No provision of this title shall be construed to pro-
hibit a United States citizen from raising any challenge
otherwise available to the United States citizen under sub-
chapter II of chapter 5 and chapter 7 of title 5, United
States Code (commonly referred to as the Administrative
Procedure Act), or any other provision of law, with respect
to the blocking of assets by the United States under this
title.’’.
SEC. 308. AVAILABILITY OF CERTAIN FUNDS FOR ADMINIS-
TRATIVE COSTS OF COUNTERDRUG INTEL-
LIGENCE EXECUTIVE SECRETARIAT.
Notwithstanding section 1346 of title 31, United States
Code, or section 610 of the Treasury and General Govern-
ment Appropriations Act, 2000 (Public Law 106–58; 113
Stat. 467), funds made available for fiscal year 2000 for
any department or agency of the Federal Government with
authority to conduct counterdrug intelligence activities, in-
cluding counterdrug law enforcement information-gathering
activities, may be available to finance an appropriate share
of the administrative costs incurred by the Department of
Justice for the Counterdrug Intelligence Executive Secre-
tariat authorized by the General Counterdrug Intelligence
Plan of February 12, 2000.
HR 4392 EAS
SEC. 309. DESIGNATION OF DANIEL PATRICK MOYNIHAN
PLACE.
(a) FINDINGS.—Congress finds that—
(1) during the second half of the twentieth cen-
tury, Senator Daniel Patrick Moynihan promoted the
importance of architecture and urban planning in the
Nation’s Capital, particularly with respect to the por-
tion of Pennsylvania Avenue between the White House
and the United States Capitol (referred to in this sub-
section 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 Na-
tion’s Capital as well as a symbolic representation of
the separate yet unified branches of the United States
Government;
(3) through his service to the Ad Hoc Committee
on Federal Office Space (1961–1962), as a member of
the President’s Council on Pennsylvania Avenue
(1962–1964), and as vice-chairman of the President’s
Temporary Commission on Pennsylvania Avenue
(1965–1969), and in his various capacities in the ex-
ecutive and legislative branches, Senator Moynihan
has consistently and creatively sought to fulfill Presi-
dent Kennedy’s recommendation of June 1, 1962, that
the Avenue not become a ‘‘solid phalanx of public and
HR 4392 EAS
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 im-
pressive’’;
(4)(A) Senator Moynihan helped draft a Federal
architectural policy, known as the ‘‘Guiding Prin-
ciples for Federal Architecture,’’ that recommends a
choice of designs that are ‘‘efficient and economical’’
and that provide ‘‘visual testimony to the dignity, en-
terprise, vigor, and stability’’ of the United States
Government; and
(B) the Guiding Principles for Federal Architec-
ture further state that the ‘‘development of an official
style must be avoided. Design must flow from the ar-
chitectural 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 insti-
tution along the Avenue, namely the Woodrow
Wilson International Center for Scholars, a liv-
ing memorial to President Wilson; and
HR 4392 EAS
(6) as Senator Moynihan’s service in the Senate
concludes, it is appropriate to commemorate his leg-
acy of public service and his commitment to thought-
ful 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 des-
ignated as ‘‘Daniel Patrick Moynihan Place’’.
(c) BOUNDARIES.—The parcel of land described in this
subsection is the portion of Woodrow Wilson Plaza (as des-
ignated by Public Law 103–284 (108 Stat. 1448)) that is
bounded—
(1) on the west by the eastern facade of the Ron-
ald Reagan Building and International Trade Center;
(2) on the east by the western facade of the Ariel
Rios Building;
(3) on the north by the southern edge of the side-
walk abutting Pennsylvania Avenue; and
(4) on the south by the line that, bisecting the
atrium of the Ronald Reagan Building and Inter-
national Trade Center, continues east to bisect the
western hemicycle of the Ariel Rios Building.
(d) REFERENCES.—Any reference in a law, map, regu-
lation, document, paper, or other record of the United
States to the parcel of land described in subsection (c) shall
HR 4392 EAS
be deemed to be a reference to Daniel Patrick Moynihan
Place.
TITLE IV—CENTRAL
INTELLIGENCE AGENCY
SEC. 401. 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 fol-
lowing:
‘‘(B) an investigation, inspection, or audit car-
ried 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 Sen-
ate, including such a position held on an acting
basis; or
‘‘(ii) holds or held the position in the Agen-
cy, including such a position held on an acting
basis, of—
‘‘(I) Executive Director;
‘‘(II) Deputy Director for Operations;
‘‘(III) Deputy Director for Intelligence;
HR 4392 EAS
‘‘(IV) Deputy Director for Administra-
tion; 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 offi-
cial described or referred to in subparagraph (B);
‘‘(D) the Inspector General becomes aware of the
possible criminal conduct of a current or former
Agency official described or referred to in subpara-
graph (B) through a means other than an investiga-
tion, inspection, or audit and such conduct is not re-
ferred to the Department of Justice; or
‘‘(E) the Inspector General, after exhausting all
possible alternatives, is unable to obtain significant
documentary information in the course of an inves-
tigation, inspection, or audit,
the Inspector General shall immediately submit a report on
such matter to the intelligence committees.’’.
SEC. 402. SUBPOENA AUTHORITY OF THE INSPECTOR GEN-
ERAL.
(a) CLARIFICATION REGARDING REPORTS ON EXER-
CISE OF AUTHORITY.—Section 17 of the Central Intel-
ligence Agency Act of 1949 (50 U.S.C. 403q) is amended—
HR 4392 EAS
(1) in subsection (d)(1), by striking subpara-
graph (E) and inserting the following new subpara-
graph (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 subpara-
graph (E).
(b) SCOPE OF AUTHORITY.—Subsection (e)(5)(B) of
that section is amended by striking ‘‘Government’’ and in-
serting ‘‘Federal’’.
SEC. 403. IMPROVEMENT AND EXTENSION OF CENTRAL
SERVICES PROGRAM.
(a) DEPOSITS IN CENTRAL SERVICES WORKING CAP-
ITAL FUND.—Subsection (c)(2) of section 21 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403u) is
amended—
(1) by redesignating subparagraph (F) as sub-
paragraph (H); and
(2) by inserting after subparagraph (E) the fol-
lowing new subparagraphs:
‘‘(F) Receipts from individuals in reimbursement
for utility services and meals provided under the pro-
gram.
HR 4392 EAS
‘‘(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.—Sub-
section (g)(2) of that section is amended in the first sentence
by striking ‘‘annual audits under paragraph (1)’’ and in-
serting 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).’’.
(d) EXTENSION OF PROGRAM.—Subsection (h)(1) of
that section is amended by striking ‘‘March 31, 2002’’ and
inserting ‘‘March 31, 2005’’.
SEC. 404. DETAILS OF EMPLOYEES TO THE NATIONAL RE-
CONNAISSANCE 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:
‘‘DETAILS OF EMPLOYEES
‘‘SEC. 22. The Director may—
‘‘(1) detail any personnel of the Agency on a re-
imbursable basis indefinitely to the National Recon-
HR 4392 EAS
naissance Office without regard to any limitation
under law on the duration of details of Federal gov-
ernment personnel; and
‘‘(2) hire personnel for the purpose of details
under paragraph (1).’’.
SEC. 405. TRANSFERS OF FUNDS TO OTHER AGENCIES FOR
ACQUISITION OF LAND.
(a) IN GENERAL.—Section 8 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403j) 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 sec-
tion is further amended—
(1) in subsection (a), by inserting ‘‘IN GEN-
ERAL.—’’ after ‘‘(a)’’; and
HR 4392 EAS
(2) in subsection (b), by inserting ‘‘SCOPE OF
AUTHORITY FOR EXPENDITURE.—’’ after ‘‘(b)’’.
(c) APPLICABILITY.—Subsection (c) of section 8 of the
Central Intelligence Agency Act of 1949, as added by sub-
section (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 RE-
IMBURSEMENT FOR PROFESSIONAL LIABIL-
ITY INSURANCE.
(a) IN GENERAL.—Notwithstanding any provision of
section 363 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 Di-
rector to reimburse employees within categories so
designated for one-half of the costs incurred by such
employees for professional liability insurance in ac-
cordance with subsection (a) of that section.
HR 4392 EAS
(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 sub-
section (a), including the approximate number of employees
covered by such designation and an estimate of the amount
to be expended on reimbursement of such employees under
paragraph (2) of that subsection.
TITLE V—DEPARTMENT OF DE-
FENSE INTELLIGENCE ACTIVI-
TIES
SEC. 501. TWO-YEAR EXTENSION OF AUTHORITY TO EN-
GAGE IN COMMERCIAL ACTIVITIES AS SECU-
RITY FOR INTELLIGENCE COLLECTION AC-
TIVITIES.
Section 431(a) of title 10, United States Code, is
amended in the second sentence by striking ‘‘December 31,
2000’’ and inserting ‘‘December 31, 2002’’.
SEC. 502. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE
IN EXPERIMENTAL PERSONNEL PROGRAM
FOR CERTAIN SCIENTIFIC AND TECHNICAL
PERSONNEL.
If the Director of Central Intelligence requests that the
Secretary of Defense exercise any authority available to the
HR 4392 EAS
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 emi-
nent 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. 503. PROHIBITION ON TRANSFER OF IMAGERY ANA-
LYSTS 
FROM 
GENERAL 
DEFENSE 
INTEL-
LIGENCE PROGRAM TO NATIONAL IMAGERY
AND MAPPING AGENCY PROGRAM.
(a) PROHIBITION ON USE OF FUNDS FOR TRANS-
FER.—No funds authorized to be appropriated by this Act
may be transferred from the General Defense Intelligence
Program to the National Imagery and Mapping Agency
Program for purposes of transferring imagery analysis per-
sonnel from the General Defense Intelligence Program to the
National Imagery and Mapping Agency Program.
(b) ROLE OF DIRECTOR OF NIMA AS FUNCTIONAL
MANAGER FOR IMAGERY AND GEOSPACIAL PROGRAMS.—(1)
The Secretary of Defense shall, in consultation with the Di-
rector of Central Intelligence, review options for strength-
ening the role of the Director of the National Imagery and
HR 4392 EAS
Mapping Agency as the functional manager for United
States imagery and geospacial programs.
(2) Not later than March 15, 2001, the Secretary shall
submit to the appropriate committees of Congress a report
on the review required by subsection (b). The report shall
include any recommendations regarding modifications in
the role and duties of the Director of the National Imagery
and Mapping Agency that the Secretary considers appro-
priate in light of the review.
(3) In this subsection, the term ‘‘appropriate commit-
tees of Congress’’ means the following:
(A) The Committee on Armed Services and the
Select Committee on Intelligence of the Senate.
(B) The Committee on Armed Services and the
Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 504. PROHIBITION ON TRANSFER OF COLLECTION
MANAGEMENT PERSONNEL FROM GENERAL
DEFENSE INTELLIGENCE PROGRAM TO COM-
MUNITY MANAGEMENT ACCOUNT.
No funds authorized to be appropriated by this Act
may be transferred from the General Defense Intelligence
Program to the Community Management Account for pur-
poses of transferring intelligence collection management
personnel.
HR 4392 EAS
SEC. 505. AUTHORIZED PERSONNEL CEILING FOR GENERAL
DEFENSE INTELLIGENCE PROGRAM.
The authorized personnel ceiling for the General De-
fense Intelligence Program specified in the classified Sched-
ule of Authorizations referred to in section 102 is hereby
increased by 2,152 positions.
SEC. 506. MEASUREMENT AND SIGNATURE INTELLIGENCE.
(a) STUDY OF OPTIONS.—The Director of Central In-
telligence shall, in coordination with the Secretary of De-
fense, conduct a study of the utility and feasibility of var-
ious options for improving the management and organiza-
tion 
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 Direc-
tor and the Secretary shall jointly submit to the appro-
priate committees of Congress a report on their findings
as a result of the study required by subsection (a). The re-
HR 4392 EAS
port shall set forth any recommendations that the Director
and the Secretary consider appropriate.
(c) APPROPRIATE COMMITTEES
OF CONGRESS DE-
FINED.—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—COUNTERINTELLI-
GENCE MATTERS
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Counterintelligence Re-
form Act of 2000’’.
SEC. 
602. 
ORDERS 
FOR 
ELECTRONIC 
SURVEILLANCE
UNDER THE FOREIGN INTELLIGENCE SUR-
VEILLANCE ACT OF 1978.
(a) REQUIREMENTS REGARDING CERTAIN APPLICA-
TIONS.—Section 104 of the Foreign Intelligence Surveil-
lance 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 Intel-
HR 4392 EAS
ligence, 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 offi-
cial referred to in that subparagraph may not delegate the
authority to make a request referred to in that subpara-
graph.
‘‘(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 ap-
plication 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 deter-
mination to the official making the request for the review
of the application under that paragraph. Except when dis-
abled 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
HR 4392 EAS
actions in advance to ensure that delegation of such respon-
sibility is clearly established in the event the Attorney Gen-
eral is disabled or otherwise unavailable to make such deter-
mination.
‘‘(B) Notice with respect to an application under sub-
paragraph (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 sen-
tence of subsection (a) for purposes of making the applica-
tion under this section.
‘‘(C) Upon review of any modifications of an applica-
tion set forth under subparagraph (B), the official notified
of the modifications under this paragraph shall modify the
application if such official determines that such modifica-
tion 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 offi-
cial 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.’’.
HR 4392 EAS
(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 ex-
ists 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 para-
graph (1), by striking ‘‘subsection (b)(1)’’ and insert-
ing ‘‘subsection (c)(1)’’.
SEC. 603. ORDERS FOR PHYSICAL SEARCHES UNDER THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT
OF 1978.
(a) REQUIREMENTS REGARDING CERTAIN APPLICA-
TIONS.—Section 303 of the Foreign Intelligence Surveil-
lance 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 Intel-
HR 4392 EAS
ligence, 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 offi-
cial referred to in that subparagraph may not delegate the
authority to make a request referred to in that subpara-
graph.
‘‘(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 ap-
plication 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 deter-
mination to the official making the request for the review
of the application under that paragraph. Except when dis-
abled 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
HR 4392 EAS
actions in advance to ensure that delegation of such respon-
sibility is clearly established in the event the Attorney Gen-
eral is disabled or otherwise unavailable to make such deter-
mination.
‘‘(B) Notice with respect to an application under sub-
paragraph (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 sen-
tence of subsection (a) for purposes of making the applica-
tion under this section.
‘‘(C) Upon review of any modifications of an applica-
tion set forth under subparagraph (B), the official notified
of the modifications under this paragraph shall modify the
application if such official determines that such modifica-
tion 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 offi-
cial 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.’’.
HR 4392 EAS
(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 ex-
ists 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 PUR-
POSES.
(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 para-
graph:
‘‘(2) Each report under the first sentence of paragraph
(1) shall include a description of—
HR 4392 EAS
‘‘(A) each criminal case in which information
acquired under this Act has been passed for law en-
forcement 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 authori-
ties and procedures utilized by the Department of Justice
for determining whether or not to disclose information ac-
quired 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 commit-
tees 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 Intel-
ligence and the Committee on the Judiciary of the
House of Representatives.
HR 4392 EAS
SEC. 
605. 
COORDINATION 
OF 
COUNTERINTELLIGENCE
WITH THE FEDERAL BUREAU OF INVESTIGA-
TION.
(a) TREATMENT OF CERTAIN SUBJECTS OF INVES-
TIGATION.—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), respec-
tively;
(3) by inserting after paragraph (2) the fol-
lowing new paragraph (3):
‘‘(3)(A) The Director of the Federal Bureau of Inves-
tigation shall submit to the head of the department or agen-
cy concerned a written assessment of the potential impact
of the actions of the department or agency on a counterintel-
ligence 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
HR 4392 EAS
‘‘(ii) notify in writing the Director of the Fed-
eral Bureau of Investigation of such determination.
‘‘(C) The Director of the Federal Bureau of Investiga-
tion and the head of the department or agency concerned
shall continue to consult, as appropriate, to review the sta-
tus 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 ‘‘para-
graph (1), (2), or (3)’’.
(b) TIMELY PROVISION OF INFORMATION AND CON-
SULTATION 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 IN-
VESTIGATIONS.—That subsection is further amended by in-
serting after paragraph (3), as amended by subsection (a)
of this section, the following new paragraph (4):
‘‘(4)(A) The Federal Bureau of Investigation shall no-
tify appropriate officials within the executive branch, in-
HR 4392 EAS
cluding 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.’’.
SEC. 606. ENHANCING PROTECTION OF NATIONAL SECU-
RITY AT THE DEPARTMENT OF JUSTICE.
(a) AUTHORIZATION FOR INCREASED RESOURCES TO
FULFILL NATIONAL SECURITY MISSION OF THE DEPART-
MENT OF JUSTICE.—There are authorized to be appro-
priated 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, proc-
ess applications to the Foreign Intelligence Surveillance
Court, participate effectively in counter-espionage inves-
tigations, provide policy analysis on national security
issues, and enhance secure computer and telecommuni-
cations facilities—
HR 4392 EAS
(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 author-
ized to be appropriated by subsection (a) for the Office of
Intelligence Policy and Review may be obligated or ex-
pended until 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 com-
mittees of Congress specified in subparagraph (B) a report
on the manner in which the funds authorized to be appro-
priated 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 Intel-
ligence 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 sub-
paragraph are the following:
(i) The Select Committee on Intelligence and the
Committee on the Judiciary of the Senate.
HR 4392 EAS
(ii) The Permanent Select Committee on Intel-
ligence 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 Represent-
atives a report that addresses the issues identified in the
semiannual report of the Attorney General to such commit-
tees under section 108(a) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1808(a)) that was sub-
mitted 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 Se-
lect Committee on Intelligence and the Committee on the
Judiciary of the Senate and the Permanent Select Com-
mittee 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—
HR 4392 EAS
(1) promote quick and efficient responses to na-
tional security issues;
(2) centralize a point-of-contact within the De-
partment 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 na-
tional 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 PROS-
ECUTION OF CASES INVOLVING CLASSIFIED INFORMA-
TION
‘‘SEC. 9A. (a) BRIEFINGS REQUIRED.—The Assistant
Attorney General for the Criminal Division and the appro-
priate United States Attorney, or the designees of such offi-
cials, shall provide briefings to the senior agency official,
or the designee of such official, with respect to any case in-
volving classified information that originated in the agency
of such senior agency official.
HR 4392 EAS
‘‘(b) TIMING OF BRIEFINGS.—Briefings under sub-
section (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 nec-
essary to keep the senior agency official concerned
fully and currently informed of the status of the pros-
ecution.
‘‘(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 ap-
plication thereof, to other persons or circumstances shall not
be affected thereby.
HR 4392 EAS
TITLE VII—DISCLOSURE OF IN-
FORMATION 
ON 
JAPANESE
IMPERIAL ARMY
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Japanese Imperial
Army Disclosure Act’’.
SEC. 702. ESTABLISHMENT OF JAPANESE IMPERIAL ARMY
RECORDS INTERAGENCY WORKING GROUP.
(a) DEFINITIONS.—In this section:
(1) AGENCY.—The term ‘‘agency’’ has the mean-
ing given such term under section 551 of title 5,
United States Code.
(2) INTERAGENCY
GROUP.—The term ‘‘Inter-
agency Group’’ means the Japanese Imperial Army
Records Interagency Working Group established
under subsection (b).
(3) JAPANESE IMPERIAL ARMY RECORDS.—The
term ‘‘Japanese Imperial Army records’’ means clas-
sified 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 be-
lieve ordered, incited, assisted, or otherwise partici-
pated in the experimentation and persecution of any
person because of race, religion, national origin, or
political option, during the period beginning Sep-
HR 4392 EAS
tember 18, 1931, and ending on December 31, 1948,
under the direction of, or in association with—
(A) the Japanese Imperial Army;
(B) any government in any area occupied
by the military forces of the Japanese Imperial
Army;
(C) any government established with the as-
sistance or cooperation of the Japanese Imperial
Army; or
(D) any government which was an ally of
the Imperial Army of Japan.
(4) RECORD.—The term ‘‘record’’ means a Japa-
nese Imperial Army 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 establish the Japanese Imperial Army Records
Interagency Working Group, which shall remain in
existence for 3 years after the date the Interagency
Group is established.
(2) MEMBERSHIP.—The President shall appoint
to the Interagency Group individuals whom the Presi-
dent determines will most completely and effectively
carry out the functions of the Interagency Group
within the time limitations provided in this section,
HR 4392 EAS
including the Historian of the Department of State,
the Archivist of the United States, the head of any
other agency the President considers appropriate, and
no more than 3 other persons. The head of an agency
appointed by the President may designate an appro-
priate officer to serve on the Interagency Group in
lieu of the head of such agency.
(3) INITIAL MEETING.—Not later than 90 days
after the date of the enactment of this Act, the Inter-
agency Group shall hold an initial meeting and begin
the functions required under this section.
(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 703—
(1) locate, identify, inventory, recommend for de-
classification, and make available to the public at the
National Archives and Records Administration, all
classified Japanese Imperial Army records of the
United States;
(2) coordinate with agencies and take such ac-
tions 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 Oversight of
the House of Representatives, the Select Committee on
HR 4392 EAS
Intelligence of the Senate, the Permanent Select Com-
mittee on Intelligence of the House of Representatives,
and the Committee on the Judiciary of the Senate, de-
scribing 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 sum as may be necessary to carry out the provisions
of this title.
SEC. 703. REQUIREMENT OF DISCLOSURE OF RECORDS.
(a) RELEASE OF RECORDS.—Subject to subsections
(b), (c), and (d), the Japanese Imperial Army Records
Interagency Working Group shall release in their entirety
Japanese Imperial Army records.
(b) EXCEPTION FOR PRIVACY.—An agency head may
exempt from release under subsection (a) specific informa-
tion, that would—
(1) constitute a clearly unwarranted invasion of
personal privacy;
(2) reveal the identity of a confidential human
source, or reveal information about the application of
an intelligence source or method, or reveal the iden-
tity of a human intelligence source when the unau-
thorized disclosure of that source would clearly and
HR 4392 EAS
demonstrably 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 ap-
plication of state-of-the-art technology within a
United States weapon system;
(6) reveal actual United States military war
plans that remain in effect;
(7) reveal information that would seriously and
demonstrably impair relations between the United
States and a foreign government, or seriously and de-
monstrably undermine ongoing diplomatic activities
of the United States;
(8) reveal information that would clearly, and
demonstrably impair the current ability of United
States Government officials to protect the President,
Vice President, and other officials for whom protec-
tion services are authorized in the interest of national
security;
(9) reveal information that would seriously and
demonstrably impair current national security emer-
gency preparedness plans; or
HR 4392 EAS
(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 in-
terest will be served by disclosure and release of the
records of the Japanese Imperial Army. The exemp-
tion 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 juris-
diction, including the Committee on the Judiciary
and the Select Committee on Intelligence of the Senate
and the Committee on Government Reform and Over-
sight and the Permanent Select Committee on Intel-
ligence 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.
HR 4392 EAS
(d) LIMITATION ON EXEMPTIONS.—
(1) IN GENERAL.—The exemptions set forth in
subsection (b) shall constitute the only grounds pursu-
ant to which an agency head may exempt records oth-
erwise subject to release under subsection (a).
(2) RECORDS RELATED TO INVESTIGATION OR
PROSECUTIONS.—This section shall not apply to
records—
(A) related to or supporting any active or
inactive investigation, inquiry, or prosecution by
the Office of Special Investigations of the De-
partment of Justice; or
(B) solely in the possession, custody, or con-
trol of the Office of Special Investigations.
SEC. 704. EXPEDITED PROCESSING OF FOIA REQUESTS FOR
JAPANESE IMPERIAL ARMY 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 702(a)(3)
and who requests a Japanese Imperial Army record shall
be deemed to have a compelling need for such record.
SEC. 705. 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.
HR 4392 EAS
TITLE VIII—DECLASSIFICATION
OF INFORMATION
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Public Interest Declas-
sification Act of 2000’’.
SEC. 802. 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 se-
curity interests of the United States may be collected,
retained, reviewed, and disseminated to Congress, pol-
icymakers in the executive branch, and the public.
(2) Ensuring, through such measures, public ac-
cess 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. 803. PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) ESTABLISHMENT.—There is established within the
executive branch of the United States a board to be known
HR 4392 EAS
as the ‘‘Public Interest Declassification Board’’ (in this title
referred to as the ‘‘Board’’).
(b) PURPOSES.—The purposes of the Board are as fol-
lows:
(1) To advise the President, the Assistant to the
President for National Security Affairs, the Director
of the Office of Management and Budget, and such
other executive branch officials as the Board considers
appropriate on the systematic, thorough, coordinated,
and comprehensive identification, collection, review
for declassification, and release to Congress, interested
agencies, and the public of declassified records and
materials (including donated historical materials)
that are of archival value, including records and ma-
terials 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 secu-
rity activities in order to—
(A) support the oversight and legislative
functions of Congress;
(B) support the policymaking role of the ex-
ecutive branch;
HR 4392 EAS
(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 secu-
rity matters.
(3) To provide recommendations to the President
for the identification, collection, and review for de-
classification 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 estab-
lished or may be established by the President by Exec-
utive 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 clas-
sification and declassification of national security in-
formation.
(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
HR 4392 EAS
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 publi-
cation 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 Majority Lead-
er of the Senate;
(C) one shall be appointed by the Minority Lead-
er of the Senate;
(D) one shall be appointed by the Speaker of the
House of Representatives; 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, three shall be appointed for a term of four years,
three shall be appointed for a term of three years, and three
shall be appointed for a term of two years.
(B) Any subsequent appointment to the Board shall
be for a term of three years.
(3) A vacancy in the Board shall be filled in the same
manner as the original appointment. A member of the
Board appointed to fill a vacancy before the expiration of
a term shall serve for the remainder of the term.
HR 4392 EAS
(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 two years.
(C) A member serving as Chairperson of the Board
may be re-designated as Chairperson of the Board upon the
expiration of the member’s term as Chairperson of the
Board, except that no member shall serve as Chairperson
of the Board for more than six years.
(2) The Director of the Information Security Oversight
Office shall serve as the Executive Secretary of the Board.
(e) MEETINGS.—The Board shall meet as needed to ac-
complish its mission, consistent with the availability of
funds. A majority of the members of the Board shall con-
stitute 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, mili-
tary, or foreign service status or privilege.
HR 4392 EAS
(g) SECURITY.—(1) The members and staff of the
Board shall, as a condition of appointment to or employ-
ment with the Board, hold appropriate security clearances
for access to the classified records and materials to be re-
viewed by the Board or its staff, and shall follow the guid-
ance and practices on security under applicable Executive
Orders and 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.
HR 4392 EAS
(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 806(b), and to facilitate the
advisory functions of the Board under this title, a member
of the Board seeking access to a record or material under
this title shall be deemed for purposes of this subsection to
have a need to know the contents of the record or material.
(h) COMPENSATION.—(1) Each member of the Board
shall receive compensation at a rate not to exceed the daily
equivalent of the annual rate of basic pay payable for posi-
tions at ES–1 of the Senior Executive Service under section
5382 of title 5, United States Code, for each day such mem-
ber is engaged in the actual performance of duties of the
Board.
(2) Members of the Board shall be allowed travel ex-
penses, including per diem in lieu of subsistence at rates
authorized for employees of agencies under subchapter 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 Secu-
rity Affairs shall provide guidance on policy to the Board.
HR 4392 EAS
(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 RE-
PORTS.—(1) The Board shall make available for public in-
spection 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 ex-
empt 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
HR 4392 EAS
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. 804. IDENTIFICATION, COLLECTION, AND REVIEW FOR
DECLASSIFICATION OF INFORMATION OF AR-
CHIVAL VALUE OR EXTRAORDINARY PUBLIC
INTEREST.
(a) BRIEFINGS ON AGENCY DECLASSIFICATION PRO-
GRAMS.—(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 Represent-
atives, 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 sum-
mary briefing and report on such agency’s progress and
plans in the declassification of national security informa-
tion. Such briefing shall cover the declassification goals set
by statute, regulation, or policy, the agency’s progress with
respect to such goals, and the agency’s planned goals and
priorities for its declassification activities over the next two
fiscal years. Agency briefings and reports shall give par-
ticular attention to progress on the declassification of
HR 4392 EAS
records and materials that are of archival value or extraor-
dinary public interest to the people of the United States.
(2)(A) The annual briefing and report under para-
graph (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 intel-
ligence 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 DECLASSIFICA-
TION PROGRAMS.—(1) Upon reviewing and discussing de-
classification plans and progress with an agency, the Board
shall provide to the head of the agency the written rec-
ommendations of the Board as to how the agency’s declas-
sification program could be improved. A copy of each rec-
ommendation 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 803(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.
HR 4392 EAS
(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 re-
view 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 oper-
ations.
(G) The benefits of the recommendations.
HR 4392 EAS
(H) The impact of compliance with the rec-
ommendations on the national security of the United
States.
(d) PRESIDENT’S DECLASSIFICATION PRIORITIES.—
(1) Concurrent with the submission to Congress of the budg-
et 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 pro-
gram.
(2) Nothing in this title shall be construed to substitute
or supersede, or establish a funding process for, any declas-
sification program that has been established or may be es-
tablished by the President by Executive Order.
SEC. 805. PROTECTION OF NATIONAL SECURITY INFORMA-
TION AND OTHER INFORMATION.
(a) IN GENERAL.—Nothing in this title shall be con-
strued to limit the authority of the head of an agency to
classify information or to continue the classification of in-
formation previously classified by an 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.
HR 4392 EAS
(c) AUTHORITIES OF DIRECTOR OF CENTRAL INTEL-
LIGENCE.—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 exemp-
tion or exception to the release to the public under this title
of information that is protected under section 552(b) of title
5, United States Code (commonly referred to as the ‘‘Free-
dom 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. 806. 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 des-
ignate an employee of such agency or library, as the case
may be, to act as liaison to the Board for purposes of this
title.
HR 4392 EAS
(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 pro-
vided in paragraph (2), if the head of an agency or the
head of a Federal Presidential library determines it nec-
essary to deny or restrict access of the Board, or of the agen-
cy 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, as the case may be,
shall promptly notify the Board in writing of such deter-
mination.
(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 para-
graph (1) with respect to a special access program created
by the Secretary of Defense, the Director of Central Intel-
ligence, or the head of any other agency, the notification
of denial of access under paragraph (1), including a de-
scription of the nature of the Board’s request for access,
shall be submitted to the Assistant to the President for Na-
tional Security Affairs rather than to the Board.
HR 4392 EAS
(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 clas-
sified, outweighs the Government’s need to protect such
records or materials, and may release such records or mate-
rials in accordance with the provisions of Executive Order
12958 or any successor order to such Executive Order.
(d) DISCRETION TO PROTECT.—At the conclusion of
a declassification review, the head of an agency may, in
the discretion of the head of the agency, determine that the
interest of the agency in the protection of records or mate-
rials of the agency covered by such review, and still properly
classified, outweigh’s the public’s need for access to such
records or materials, and may deny release of such records
or materials in accordance with the provisions of Executive
Order 12958 or any successor order to such Executive
Order.
(e) REPORTS.—(1)(A) Except as provided in para-
graph (2), the Board shall annually submit to the appro-
priate congressional committees a report on the activities
of the Board under this title, including summary informa-
tion regarding any denials by the head of an agency or
HR 4392 EAS
the head of a Federal Presidential library of access of the
Board to records or materials under this title.
(B) In this paragraph, the term ‘‘appropriate congres-
sional committees’’ means the Select Committee on Intel-
ligence and the Committee on Governmental Affairs of the
Senate and the Permanent Select Committee on Intelligence
and the Committee on Government Reform and Oversight
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 de-
nial, 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 Appropria-
tions of the Senate and to the Committees on Armed
Services and Appropriations of the House of Rep-
resentatives.
(B) In the case of the denial of access to a spe-
cial access program created by the Director of Central
Intelligence, or by the head of any other agency (in-
cluding the Department of Defense) if the special ac-
cess program pertains to intelligence activities, or of
access to any information and materials relating to
HR 4392 EAS
SEC. 808. FUNDING.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
hereby authorized to be appropriated to carry out the provi-
sions 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. 809. DEFINITIONS.
In this title:
(1) AGENCY.—(A) Except as provided in sub-
paragraph (B), the term ‘‘agency’’ means the fol-
lowing:
(i) An executive agency, as that term is de-
fined 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 classi-
fied information.
(B) The term does not include the Board.
HR 4392 EAS
(2) CLASSIFIED
MATERIAL
OR
RECORD.—The
terms ‘‘classified material’’ and ‘‘classified record’’ in-
clude any correspondence, memorandum, book, plan,
map, drawing, diagram, pictorial or graphic work,
photograph, film, microfilm, sound recording, video-
tape, machine readable records, and other documen-
tary material, regardless of physical form or charac-
teristics, that has been determined pursuant to Execu-
tive Order to require protection against unauthorized
disclosure in the interests of the national security of
the United States.
(3) DECLASSIFICATION.—The term ‘‘declassifica-
tion’’ 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 Presi-
dential 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 Gov-
ernment through the National Archives and Records
HR 4392 EAS
Administration under the applicable provisions of
chapter 21 of title 44, United States Code.
(6) NATIONAL SECURITY.—The term ‘‘national
security’’ means the national defense or foreign rela-
tions of the United States.
(7) RECORDS OR MATERIALS OF EXTRAORDINARY
PUBLIC INTEREST.—The term ‘‘records or materials of
extraordinary public interest’’ means records or mate-
rials that—
(A) demonstrate and record the national se-
curity policies, actions, and decisions of the
United States, including—
(i) policies, events, actions, and deci-
sions which led to significant national secu-
rity 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 mate-
rials publicly available in other historical
sources; and
(C) would need to be addressed through ad
hoc record searches outside any systematic de-
HR 4392 EAS
classification program established under Execu-
tive 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 Govern-
ment.
SEC. 810. SUNSET.
The provisions of this title shall expire four years after
the date of the enactment of this Act, unless reauthorized
by statute.
Attest:
Secretary.
HR 4392 EAS——2
HR 4392 EAS——3
HR 4392 EAS——4
HR 4392 EAS——5