H. R. 5630—21
SEC. 602. ORDERS FOR ELECTRONIC SURVEILLANCE UNDER THE FOR-
EIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) REQUIREMENTS REGARDING CERTAIN APPLICATIONS.—Section
104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1804) is amended by adding at the end the following new subsection:
‘‘(e)(1)(A) Upon written request of the Director of the Federal
Bureau of Investigation, the Secretary of Defense, the Secretary
of State, or the Director of Central Intelligence, the Attorney Gen-
eral shall personally review under subsection (a) an application
under that subsection for a target described in section 101(b)(2).
‘‘(B) Except when disabled or otherwise unavailable to make
a request referred to in subparagraph (A), an official referred to
in that subparagraph may not delegate the authority to make
a request referred to in that subparagraph.
‘‘(C) Each official referred to in subparagraph (A) with authority
to make a request under that subparagraph shall take appropriate
actions in advance to ensure that delegation of such authority
is clearly established in the event such official is disabled or other-
wise unavailable to make such request.
‘‘(2)(A) If as a result of a request under paragraph (1) the
Attorney General determines not to approve an application under
the second sentence of subsection (a) for purposes of making the
application under this section, the Attorney General shall provide
written notice of the determination to the official making the
request for the review of the application under that paragraph.
Except when disabled or otherwise unavailable to make a deter-
mination under the preceding sentence, the Attorney General may
not delegate the responsibility to make a determination under that
sentence. The Attorney General shall take appropriate actions in
advance to ensure that delegation of such responsibility is clearly
established in the event the Attorney General is disabled or other-
wise unavailable to make such determination.
‘‘(B) Notice with respect to an application under subparagraph
(A) shall set forth the modifications, if any, of the application
that are necessary in order for the Attorney General to approve
the application under the second sentence of subsection (a) for
purposes of making the application under this section.
‘‘(C) Upon review of any modifications of an application set
forth under subparagraph (B), the official notified of the modifica-
tions under this paragraph shall modify the application if such
official determines that such modification is warranted. Such official
shall supervise the making of any modification under this subpara-
graph. Except when disabled or otherwise unavailable to supervise
the making of any modification under the preceding sentence, such
official may not delegate the responsibility to supervise the making
of any modification under that preceding sentence. Each such official
shall take appropriate actions in advance to ensure that delegation
of such responsibility is clearly established in the event such official
is disabled or otherwise unavailable to supervise the making of
such modification.’’.
(b) PROBABLE CAUSE.—Section 105 of that Act (50 U.S.C. 1805)
is amended—
(1) by redesignating subsections (b), (c), (d), (e), (f ), and
(g) as subsections (c), (d), (e), (f ), (g), and (h), respectively;
(2) by inserting after subsection (a) the following new sub-
section (b):
H. R. 5630—22
‘‘(b) In determining whether or not probable cause exists for
purposes of an order under subsection (a)(3), a judge may consider
past activities of the target, as well as facts and circumstances
relating to current or future activities of the target.’’; and
(3) in subsection (d), as redesignated by paragraph (1),
by striking ‘‘subsection (b)(1)’’ and inserting ‘‘subsection (c)(1)’’.
SEC. 603. ORDERS FOR PHYSICAL SEARCHES UNDER THE FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) REQUIREMENTS REGARDING CERTAIN APPLICATIONS.—Section
303 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1823) is amended by adding at the end the following new subsection:
‘‘(d)(1)(A) Upon written request of the Director of the Federal
Bureau of Investigation, the Secretary of Defense, the Secretary
of State, or the Director of Central Intelligence, the Attorney Gen-
eral shall personally review under subsection (a) an application
under that subsection for a target described in section 101(b)(2).
‘‘(B) Except when disabled or otherwise unavailable to make
a request referred to in subparagraph (A), an official referred to
in that subparagraph may not delegate the authority to make
a request referred to in that subparagraph.
‘‘(C) Each official referred to in subparagraph (A) with authority
to make a request under that subparagraph shall take appropriate
actions in advance to ensure that delegation of such authority
is clearly established in the event such official is disabled or other-
wise unavailable to make such request.
‘‘(2)(A) If as a result of a request under paragraph (1) the
Attorney General determines not to approve an application under
the second sentence of subsection (a) for purposes of making the
application under this section, the Attorney General shall provide
written notice of the determination to the official making the
request for the review of the application under that paragraph.
Except when disabled or otherwise unavailable to make a deter-
mination under the preceding sentence, the Attorney General may
not delegate the responsibility to make a determination under that
sentence. The Attorney General shall take appropriate actions in
advance to ensure that delegation of such responsibility is clearly
established in the event the Attorney General is disabled or other-
wise unavailable to make such determination.
‘‘(B) Notice with respect to an application under subparagraph
(A) shall set forth the modifications, if any, of the application
that are necessary in order for the Attorney General to approve
the application under the second sentence of subsection (a) for
purposes of making the application under this section.
‘‘(C) Upon review of any modifications of an application set
forth under subparagraph (B), the official notified of the modifica-
tions under this paragraph shall modify the application if such
official determines that such modification is warranted. Such official
shall supervise the making of any modification under this subpara-
graph. Except when disabled or otherwise unavailable to supervise
the making of any modification under the preceding sentence, such
official may not delegate the responsibility to supervise the making
of any modification under that preceding sentence. Each such official
shall take appropriate actions in advance to ensure that delegation
of such responsibility is clearly established in the event such official
is disabled or otherwise unavailable to supervise the making of
such modification.’’.
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(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 sub-
section (b):
‘‘(b) In determining whether or not probable cause exists for
purposes of an order under subsection (a)(3), a judge may consider
past activities of the target, as well as facts and circumstances
relating to current or future activities of the target.’’.
SEC. 604. DISCLOSURE OF INFORMATION ACQUIRED UNDER THE FOR-
EIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 FOR
LAW ENFORCEMENT PURPOSES.
(a) INCLUSION OF INFORMATION ON DISCLOSURE IN SEMIANNUAL
OVERSIGHT REPORT.—Section 108(a) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1808(a)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) Each report under the first sentence of paragraph (1)
shall include a description of—
‘‘(A) each criminal case in which information acquired
under this Act has been passed for law enforcement purposes
during the period covered by such report; and
‘‘(B) each criminal case in which information acquired
under this Act has been authorized for use at trial during
such reporting period.’’.
(b) REPORT ON MECHANISMS FOR DETERMINATIONS OF DISCLO-
SURE OF INFORMATION FOR LAW ENFORCEMENT PURPOSES.—(1) The
Attorney General shall submit to the appropriate committees of
Congress a report on the authorities and procedures utilized by
the Department of Justice for determining whether or not to disclose
information acquired under the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801 et seq.) for law enforcement purposes.
(2) In this subsection, the term ‘‘appropriate committees of
Congress’’ means the following:
(A) The Select Committee on Intelligence and the Com-
mittee on the Judiciary of the Senate.
(B) The Permanent Select Committee on Intelligence and
the Committee on the Judiciary of the House of Representa-
tives.
SEC. 605. COORDINATION OF COUNTERINTELLIGENCE WITH THE FED-
ERAL BUREAU OF INVESTIGATION.
(a) TREATMENT OF CERTAIN SUBJECTS OF INVESTIGATION.—Sub-
section (c) of section 811 of the Intelligence Authorization Act for
Fiscal Year 1995 (50 U.S.C. 402a) is amended—
(1) in paragraphs (1) and (2), by striking ‘‘paragraph (3)’’
and inserting ‘‘paragraph (5)’’;
(2) by redesignating paragraphs (3), (4), (5), and (6) as
paragraphs (5), (6), (7), and (8), respectively;
(3) by inserting after paragraph (2) the following new para-
graph (3):
‘‘(3)(A) The Director of the Federal Bureau of Investigation
shall submit to the head of the department or agency concerned
a written assessment of the potential impact of the actions of
the department or agency on a counterintelligence investigation.
‘‘(B) The head of the department or agency concerned shall—
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‘‘(i) use an assessment under subparagraph (A) as an aid
in determining whether, and under what circumstances, the
subject of an investigation under paragraph (1) should be left
in place for investigative purposes; and
‘‘(ii) notify in writing the Director of the Federal Bureau
of Investigation of such determination.
‘‘(C) The Director of the Federal Bureau of Investigation and
the head of the department or agency concerned shall continue
to consult, as appropriate, to review the status of an investigation
covered by this paragraph, and to reassess, as appropriate, a deter-
mination 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 ‘‘para-
graph (1) or (2)’’ and inserting ‘‘paragraph (1), (2), or (3)’’.
(b) TIMELY PROVISION OF INFORMATION AND CONSULTATION ON
ESPIONAGE INVESTIGATIONS.—Paragraph (2) of that subsection is
further amended—
(1) by inserting ‘‘in a timely manner’’ after ‘‘through appro-
priate channels’’; and
(2) by inserting ‘‘in a timely manner’’ after ‘‘are consulted’’.
(c) INTERFERENCE WITH FULL FIELD ESPIONAGE INVESTIGA-
TIONS.—That subsection is further amended by inserting after para-
graph (3), as amended by subsection (a) of this section, the following
new paragraph (4):
‘‘(4)(A) The Federal Bureau of Investigation shall notify appro-
priate officials within the executive branch, including the head
of the department or agency concerned, of the commencement of
a full field espionage investigation with respect to an employee
within the executive branch.
‘‘(B) A department or agency may not conduct a polygraph
examination, interrogate, or otherwise take any action that is likely
to alert an employee covered by a notice under subparagraph (A)
of an investigation described in that subparagraph without prior
coordination and consultation with the Federal Bureau of Investiga-
tion.’’.
SEC. 606. ENHANCING PROTECTION OF NATIONAL SECURITY AT THE
DEPARTMENT OF JUSTICE.
(a) AUTHORIZATION
FOR INCREASED RESOURCES TO FULFILL
NATIONAL SECURITY MISSION OF THE DEPARTMENT OF JUSTICE.—
There are authorized to be appropriated to the Department of
Justice for the activities of the Office of Intelligence Policy and
Review to help meet the increased personnel demands to combat
terrorism, process applications to the Foreign Intelligence Surveil-
lance Court, participate effectively in counter-espionage investiga-
tions, provide policy analysis on national security issues, and
enhance secure computer and telecommunications facilities—
(1) $7,000,000 for fiscal year 2001;
(2) $7,500,000 for fiscal year 2002; and
(3) $8,000,000 for fiscal year 2003.
(b) AVAILABILITY OF FUNDS.—(1) No funds authorized to be
appropriated by subsection (a) for the Office of Intelligence Policy
and Review for fiscal years 2002 and 2003 may be obligated or
expended until the date on which the Attorney General submits
the report required by paragraph (2) for the year involved.
(2)(A) The Attorney General shall submit to the committees
of Congress specified in subparagraph (B) an annual report on