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‘‘(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
Agency, including such a position held on an
acting basis, of—
‘‘(I) Executive Director;
‘‘(II) Deputy Director for Operations;
‘‘(III) Deputy Director for Intel-
ligence;
‘‘(IV) Deputy Director for Adminis-
tration; or
‘‘(V) Deputy Director for Science and
Technology;
‘‘(C) a matter requires a report by the Inspec-
tor 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 receives notice from
the Department of Justice declining or approving
prosecution of possible criminal conduct of any of
the officials described in subparagraph (B); or
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‘‘(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 notify and submit
a report on such matter to the intelligence committees.’’.
SEC. 404. DETAIL 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:
‘‘DETAIL OF EMPLOYEES
‘‘SEC. 22. The Director may—
‘‘(1) detail any personnel of the Agency on a re-
imbursable basis indefinitely to the National Recon-
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 any de-
tail under paragraph (1).’’.
SEC. 405. TRANSFERS OF FUNDS TO OTHER AGENCIES FOR
ACQUISITION OF LAND.
(a) IN GENERAL.—Section 5 of the Central Intel-
ligence Agency Act of 1949 (50 U.S.C. 403f ) is amended
by adding at the end the following new subsection:
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‘‘(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 re-
main available for 3 years.
‘‘(2) The Director shall submit to the Select Com-
mittee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of Rep-
resentatives an annual report on the transfers of sums de-
scribed in paragraph (1).’’.
(b) CONFORMING STYLISTIC AMENDMENTS.—That
section is further amended—
(1) in subsection (a), by inserting ‘‘IN GEN-
ERAL.—’’ after ‘‘(a)’’; and
(2) in subsection (b), by inserting ‘‘SCOPE OF
AUTHORITY FOR EXPENDITURE.—’’ after ‘‘(b)’’.
(c) APPLICABILITY.—Subsection (c) of section 5 of
the Central Intelligence Agency Act of 1949, as added by
subsection (a) of this section, shall apply with respect to
amounts appropriated or otherwise made available for the
Central Intelligence Agency for fiscal years after fiscal
year 2000.
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SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOYEES FOR
REIMBURSEMENT FOR PROFESSIONAL LI-
ABILITY INSURANCE.
(a) IN GENERAL.—Notwithstanding any provision of
title VI, section 636 of the Treasury, Postal Service, and
General Government Appropriations Act, 1997 (5 U.S.C.
prec. 5941 note), the Director of Central Intelligence
may—
(1) designate as qualified employees within the
meaning of subsection (b) of that section appro-
priate 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.
(b) REPORTS.—The Director of Central Intelligence
shall submit to the Select Committee on Intelligence of
the Senate and the Permanent Select Committee of Intel-
ligence of the House of Representatives a report on each
designation of a category of employees under paragraph
(1) of subsection (a), including the approximate number
of employees covered by such designation and an estimate
of the amount to be expended on reimbursement of such
employees under paragraph (2) of that subsection.
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TITLE V—DEPARTMENT OF DE-
FENSE 
INTELLIGENCE 
AC-
TIVITIES
SEC. 501. CONTRACTING AUTHORITY FOR THE NATIONAL
RECONNAISSANCE OFFICE.
(a) IN GENERAL.—The National Reconnaissance Of-
fice (‘‘NRO’’) shall negotiate, write, execute, and manage
contracts for launch vehicle acquisition or launch that af-
fect or bind the NRO and to which the United States is
a party.
(b) EFFECTIVE DATE.—This section shall apply to
any contract described in subsection (a) that is entered
into after the date of the enactment of this Act.
(c) RETROACTIVITY.—This section shall not apply to
any contract described in subsection (a) in effect as of the
date of the enactment of this Act.
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 Secretary under section 1101(b) of the Strom Thur-
mond National Defense Authorization Act for Fiscal Year
1999 (Public Law 105–261; 5 U.S.C. 3104 note) to carry
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out a program of special personnel management authority
at the National Imagery and Mapping Agency and the Na-
tional Security Agency in order to facilitate recruitment
of eminent experts in science and engineering at such
agencies, the Secretary shall respond to such request not
later than 30 days after the date of such request.
SEC. 503. MEASUREMENT AND SIGNATURE INTELLIGENCE.
(a) STUDY OF OPTIONS.—The Director of Central
Intelligence shall, in coordination with the Secretary of
Defense, conduct a study of the utility and feasibility of
various options for improving the management and orga-
nization 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 Di-
rector 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
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report shall set forth any recommendations that the Direc-
tor and the Secretary consider appropriate.
(c) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘‘appropriate commit-
tees 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—COUNTERINTEL-
LIGENCE MATTERS
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Counterintelligence
Reform 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 De-
fense, the Secretary of State, or the Director of Central
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Intelligence, the Attorney General shall personally review
under subsection (a) an application under that subsection
for a target described in section 101(b)(2).
‘‘(B) Except when disabled or otherwise unavailable
to make a request referred to in subparagraph (A), an
official referred to in that subparagraph may not delegate
the authority to make a request referred to in that sub-
paragraph.
‘‘(C) Each official referred to in subparagraph (A)
with authority to make a request under that subparagraph
shall take appropriate actions in advance to ensure that
delegation of such authority is clearly established in the
event such official is disabled or otherwise unavailable to
make such request.
‘‘(2)(A) If as a result of a request under paragraph
(1) the Attorney General determines not to approve an
application under the second sentence of subsection (a) for
purposes of making the application under this section, the
Attorney General shall provide written notice of the 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 ap-
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propriate actions in advance to ensure that delegation of
such responsibility is clearly established in the event the
Attorney General is disabled or otherwise unavailable to
make such determination.
‘‘(B) Notice with respect to an application under sub-
paragraph (A) shall set forth the modifications, if any, of
the application that are necessary in order for the Attor-
ney General to approve the application under the second
sentence of subsection (a) for purposes of making the ap-
plication 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 of-
ficial may not delegate the responsibility to supervise the
making of any modification under that preceding sentence.
Each such official shall take appropriate actions in ad-
vance 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 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 fol-
lowing new subsection (b):
‘‘(b) In determining whether or not probable cause
exists for purposes of an order under subsection (a)(3),
a judge may consider past activities of the target, as well
as facts and circumstances relating to current or future
activities of the target.’’; and
(3) in subsection (d), as redesignated by para-
graph (1), by striking ‘‘subsection (b)(1)’’ and in-
serting ‘‘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 De-
fense, the Secretary of State, or the Director of Central
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Intelligence, the Attorney General shall personally review
under subsection (a) an application under that subsection
for a target described in section 101(b)(2).
‘‘(B) Except when disabled or otherwise unavailable
to make a request referred to in subparagraph (A), an
official referred to in that subparagraph may not delegate
the authority to make a request referred to in that sub-
paragraph.
‘‘(C) Each official referred to in subparagraph (A)
with authority to make a request under that subparagraph
shall take appropriate actions in advance to ensure that
delegation of such authority is clearly established in the
event such official is disabled or otherwise unavailable to
make such request.
‘‘(2)(A) If as a result of a request under paragraph
(1) the Attorney General determines not to approve an
application under the second sentence of subsection (a) for
purposes of making the application under this section, the
Attorney General shall provide written notice of the 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 ap-
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propriate actions in advance to ensure that delegation of
such responsibility is clearly established in the event the
Attorney General is disabled or otherwise unavailable to
make such determination.
‘‘(B) Notice with respect to an application under sub-
paragraph (A) shall set forth the modifications, if any, of
the application that are necessary in order for the Attor-
ney General to approve the application under the second
sentence of subsection (a) for purposes of making the ap-
plication 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 of-
ficial may not delegate the responsibility to supervise the
making of any modification under that preceding sentence.
Each such official shall take appropriate actions in ad-
vance 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 ), respec-
tively; and
(2) by inserting after subsection (a) the fol-
lowing new subsection (b):
‘‘(b) In determining whether or not probable cause
exists for purposes of an order under subsection (a)(3),
a judge may consider past activities of the target, as well
as facts and circumstances relating to current or future
activities of the target.’’.
SEC. 
604. 
DISCLOSURE 
OF 
INFORMATION 
ACQUIRED
UNDER THE FOREIGN INTELLIGENCE SUR-
VEILLANCE ACT OF 1978 FOR LAW ENFORCE-
MENT 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 para-
graph (1) shall include a description of—
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‘‘(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 ENFORCE-
MENT 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 infor-
mation acquired under the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801 et seq.) for law en-
forcement 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.
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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 Intel-
ligence 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
agency concerned a written assessment of the potential im-
pact of the actions of the department or agency on a coun-
terintelligence investigation.
‘‘(B) The head of the department or agency con-
cerned 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 investiga-
tive purposes; and
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‘‘(ii) notify in writing the Director of the Fed-
eral Bureau of Investigation of such determination.
‘‘(C) The Director of the Federal Bureau of Inves-
tigation and the head of the department or agency con-
cerned shall continue to consult, as appropriate, to review
the status of an investigation covered by this paragraph,
and to reassess, as appropriate, a determination of the
head of the department or agency concerned to leave a
subject in place for investigative purposes.’’; and
(4) in paragraph (5), as so redesignated, by
striking ‘‘paragraph (1) or (2)’’ and inserting ‘‘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
INVESTIGATIONS.—That subsection is further amended by
inserting after paragraph (3), as amended by subsection
(a) of this section, the following new paragraph (4):
‘‘(4)(A) The Federal Bureau of Investigation shall
notify appropriate officials within the executive branch, in-
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cluding the head of the department or agency concerned,
of the commencement of a full field espionage investiga-
tion 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 no-
tice under subparagraph (A) of an investigation described
in that subparagraph without prior coordination and con-
sultation 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,
process applications to the Foreign Intelligence Surveil-
lance Court, participate effectively in counter-espionage
investigations, provide policy analysis on national security
issues, and enhance secure computer and telecommuni-
cations facilities—
(1) $7,000,000 for fiscal year 2001;
(2) $7,500,000 for fiscal year 2002; and
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(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 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 com-
mittees of Congress specified in subparagraph (B) an an-
nual report on the manner in which the funds authorized
to be appropriated by subsection (a) for the Office of Intel-
ligence 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
subparagraph are the following:
(i) The Select Committee on Intelligence and
the Committee on the Judiciary of the Senate.
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(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 Perma-
nent Select Committee on Intelligence of the House of
Representatives a report that addresses the issues identi-
fied in the semiannual report of the Attorney General to
such committees under section 108(a) of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1808(a))
that was submitted in April 2000, including any corrective
actions with regard to such issues. The report under this
paragraph shall be submitted in classified form.
(4) Funds made available pursuant to subsection (a),
in any fiscal year, shall remain available until expended.
(c) REPORT ON COORDINATING NATIONAL SECURITY
AND INTELLIGENCE FUNCTIONS WITHIN THE DEPART-
MENT OF JUSTICE.—The Attorney General shall report to
the committees of Congress specified in subsection
(b)(2)(B) within 120 days on actions that have been or
will be taken by the Department to—
(1) promote quick and efficient responses to na-
tional security issues;
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(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
PROSECUTION OF CASES INVOLVING CLASSIFIED IN-
FORMATION
‘‘SEC. 9A. (a) BRIEFINGS REQUIRED.—The Assist-
ant Attorney General for the Criminal Division and the
appropriate United States attorney, or the designees of
such officials, shall provide briefings to the senior agency
official, or the designee of such official, with respect to
any case involving classified information that originated
in the agency of such senior agency official.
‘‘(b) TIMING OF BRIEFINGS.—Briefings under sub-
section (a) with respect to a case shall occur—
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‘‘(1) as soon as practicable after the Depart-
ment of Justice and the United States attorney con-
cerned 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
prosecution.
‘‘(c) SENIOR AGENCY OFFICIAL DEFINED.—In this
section, the term ‘senior agency official’ has the meaning
given that term in section 1.1 of Executive Order No.
12958.’’.
SEC. 608. SEVERABILITY.
If any provision of this title (including an amendment
made by this title), or the application thereof, to any per-
son or circumstance, is held invalid, the remainder of this
title (including the amendments made by this title), and
the application thereof, to other persons or circumstances
shall not be affected thereby.
TITLE VII—DECLASSIFICATION
OF INFORMATION
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Public Interest Declas-
sification Act of 2000’’.
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SEC. 702. FINDINGS.
Congress makes the following findings:
(1) It is in the national interest to establish an
effective, coordinated, and cost-effective means by
which records on specific subjects of extraordinary
public interest that do not undermine the national
security interests of the United States may be col-
lected, retained, reviewed, and disseminated to Con-
gress, policymakers in the executive branch, and the
public.
(2) Ensuring, through such measures, public
access to information that does not require contin-
ued protection to maintain the national security in-
terests of the United States is a key to striking the
balance between secrecy essential to national secu-
rity and the openness that is central to the proper
functioning of the political institutions of the United
States.
SEC. 703. PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) ESTABLISHMENT.—There is established within
the executive branch of the United States a board to be
known as the ‘‘Public Interest Declassification Board’’ (in
this title referred to as the ‘‘Board’’).
(b) PURPOSES.—The purposes of the Board are as
follows:
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(1) To advise the President, the Assistant to
the President for National Security Affairs, the Di-
rector 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, collec-
tion, review for declassification, and release to Con-
gress, interested agencies, and the public of declas-
sified records and materials (including donated his-
torical materials) that are of archival value, includ-
ing records and materials of extraordinary public in-
terest.
(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 se-
curity activities in order to—
(A) support the oversight and legislative
functions of Congress;
(B) support the policymaking role of the
executive branch;
(C) respond to the interest of the public in
national security matters; and
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(D) promote reliable historical analysis and
new avenues of historical study in national se-
curity matters.
(3) To provide recommendations to the Presi-
dent for the identification, collection, and review for
declassification of information of extraordinary pub-
lic interest that does not undermine the national se-
curity of the United States, to be undertaken in ac-
cordance with a declassification program that has
been established or may be established by the Presi-
dent by Executive order.
(4) To advise the President, the Assistant to
the President for National Security Affairs, the Di-
rector 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 re-
garding the classification and declassification of na-
tional security information.
(c) MEMBERSHIP.—(1) The Board shall be composed
of nine individuals appointed from among citizens of the
United States who are preeminent in the fields of history,
national security, foreign policy, intelligence policy, social
science, law, or archives, including individuals who have
served in Congress or otherwise in the Federal Govern-
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ment or have otherwise engaged in research, scholarship,
or publication in such fields on matters relating to the na-
tional security of the United States, of whom—
(A) five shall be appointed by the President;
(B) one shall be appointed by the Speaker of
the House of Representatives;
(C) one shall be appointed by the majority lead-
er of the Senate;
(D) one shall be appointed by the minority lead-
er of the Senate; and
(E) one shall be appointed by the minority lead-
er of the House of Representatives.
(2)(A) Of the members initially appointed to the
Board by the President—
(i) three shall be appointed for a term of 4
years;
(ii) one shall be appointed for a term of 3
years; and
(iii) one shall be appointed for a term of 2
years.
(B) The members initially appointed to the Board by
the Speaker of the House of Representatives or by the ma-
jority leader of the Senate shall be appointed for a term
of 3 years.
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(C) The members initially appointed to the Board by
the minority leader of the House of Representatives or the
Senate shall be appointed for a term of 2 years.
(D) Any subsequent appointment to the Board shall
be for a term of 3 years.
(3) A vacancy in the Board shall be filled in the same
manner as the original appointment. A member of the
Board appointed to fill a vacancy before the expiration of
a term shall serve for the remainder of the term.
(4) A member of the Board may be appointed to a
new term on the Board upon the expiration of the mem-
ber’s term on the Board, except that no member may serve
more than three full terms on the Board.
(d) CHAIRPERSON; EXECUTIVE SECRETARY.—(1)(A)
The President shall designate one of the members of the
Board as the Chairperson of the Board.
(B) The term of service as Chairperson of the Board
shall be 2 years.
(C) A member serving as Chairperson of the Board
may be redesignated as Chairperson of the Board upon
the expiration of the member’s term as Chairperson of the
Board, except that no member shall serve as Chairperson
of the Board for more than 6 years.
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(2) The Director of the Information Security Over-
sight Office shall serve as the Executive Secretary of the
Board.
(e) MEETINGS.—The Board shall meet as needed to
accomplish its mission, consistent with the availability of
funds. A majority of the members of the Board shall con-
stitute a quorum.
(f ) STAFF.—Any employee of the Federal Govern-
ment may be detailed to the Board, with the agreement
of and without reimbursement to the detailing agency, and
such detail shall be without interruption or loss of civil,
military, or foreign service status or privilege.
(g) SECURITY.—(1) The members and staff of the
Board shall, as a condition of appointment to or 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 Presidential or agency directives.
(2) The head of an agency shall, as a condition of
granting access to a member of the Board, the Executive
Secretary of the Board, or a member of the staff of the
Board to classified records or materials of the agency
under this title, require the member, the Executive Sec-
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retary, or the member of the staff, as the case may be,
to—
(A) execute an agreement regarding the secu-
rity 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 Sec-
retary 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 pur-
poses.
(4) For purposes of any law or regulation governing
access to classified information that pertains to the na-
tional security of the United States, and subject to any
limitations on access arising under section 706(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.
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(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 sec-
tion 5382 of title 5, United States Code, for each day such
member is engaged in the actual performance of duties
of the Board.
(2) Members of the Board shall be allowed travel ex-
penses, including per diem in lieu of subsistence at rates
authorized for employees of agencies under subchapter I
of chapter 57 of title 5, United States Code, while away
from their homes or regular places of business in the per-
formance of the duties of the Board.
(i) GUIDANCE; ANNUAL BUDGET.—(1) On behalf of
the President, the Assistant to the President for National
Security Affairs shall provide guidance on policy to the
Board.
(2) The Executive Secretary of the Board, under the
direction of the Chairperson of the Board and the Board,
and acting in consultation with the Archivist of the United
States, the Assistant to the President for National Secu-
rity 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
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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 exempt from release under the provisions of section 552
of title 5, United States Code.
(2) In making records and reports available under
paragraph (1), the Board shall coordinate the release of
such records and reports with appropriate officials from
agencies with expertise in classified information in order
to ensure that such records and reports do not inadvert-
ently contain classified information.
(l) APPLICABILITY
OF CERTAIN ADMINISTRATIVE
LAWS.—The provisions of the Federal Advisory Com-
mittee 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.
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SEC. 704. 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 Rep-
resentatives, the head of any agency with the authority
under an Executive order to classify information shall pro-
vide to the Board, the Select Committee on Intelligence
of the Senate, or the Permanent Select Committee on In-
telligence of the House of Representatives, on an annual
basis, a summary briefing and report on such agency’s
progress and plans in the declassification of national secu-
rity information. Such briefing shall cover the declassifica-
tion 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 activi-
ties over the next 2 fiscal years. Agency briefings and re-
ports shall give particular attention to progress on the de-
classification of records and materials that are of archival
value or extraordinary public interest to the people of the
United States.
(2)(A) The annual briefing and report under para-
graph (1) for agencies within the Department of Defense,
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including the military departments and the elements of the
intelligence community, shall be provided on a consoli-
dated basis.
(B) In this paragraph, the term ‘‘elements of the in-
telligence community’’ means the elements of the intel-
ligence 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
recommendations of the Board as to how the agency’s de-
classification program could be improved. A copy of each
recommendation shall also be submitted to the Assistant
to the President for National Security Affairs and the Di-
rector of the Office of Management and Budget.
(2) Consistent with the provisions of section 703(k),
the Board’s recommendations to the head of an agency
under paragraph (1) shall become public 60 days after
such recommendations are sent to the head of the agency
under that paragraph.
(c) RECOMMENDATIONS ON SPECIAL SEARCHES FOR
RECORDS OF EXTRAORDINARY PUBLIC INTEREST.—(1)
The Board shall also make recommendations to the Presi-
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dent regarding proposed initiatives to identify, collect, and
review for declassification classified records and materials
of extraordinary public interest.
(2) In making recommendations under paragraph
(1), the Board shall consider the following:
(A) The opinions and requests of Members of
Congress, including opinions and requests expressed
or embodied in letters or legislative proposals.
(B) The opinions and requests of the National
Security Council, the Director of Central Intel-
ligence, 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 system-
atic and all other on-going declassification programs.
(F) The costs (including budgetary costs) and
the impact that complying with the recommenda-
tions would have on agency budgets, programs, and
operations.
(G) The benefits of the recommendations.
(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
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budget of the President each fiscal year under section
1105 of title 31, United States Code, the Director of the
Office of Management and Budget shall publish a descrip-
tion of the President’s declassification program and prior-
ities, together with a listing of the funds requested to im-
plement that program.
(2) Nothing in this title shall be construed to sub-
stitute or supersede, or establish a funding process for,
any declassification program that has been established or
may be established by the President by Executive order.
SEC. 705. PROTECTION OF NATIONAL SECURITY 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 that agency.
(b) SPECIAL ACCESS PROGRAMS.—Nothing in this
title shall be construed to limit the authority of the head
of an agency to grant or deny access to a special access
program.
(c) AUTHORITIES OF DIRECTOR OF CENTRAL 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 Di-
rector’s responsibility to protect intelligence sources and
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methods from unauthorized disclosure as required by sec-
tion 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 subsection (b)
of section 552 of title 5, United States Code (commonly
referred to as the ‘‘Freedom of Information Act’’), or sec-
tion 552a of title 5, United States Code (commonly re-
ferred to as the ‘‘Privacy Act’’).
(e) 
WITHHOLDING
INFORMATION
FROM
CON-
GRESS.—Nothing in this title shall be construed to author-
ize the withholding of information from Congress.
SEC. 706. STANDARDS AND PROCEDURES.
(a) LIAISON.—(1) The head of each agency with the
authority under an Executive order to classify information
and the head of each Federal Presidential library shall
designate an employee of such agency or library to act
as liaison to the Board for purposes of this title.
(2) The Board may establish liaison and otherwise
consult with such other historical and advisory committees
as the Board considers appropriate for purposes of this
title.
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(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
agency or library liaison to the Board, to information con-
tained in a record or material, in whole or in part, the
head of the agency or the head of the library shall prompt-
ly notify the Board in writing of such determination.
(B) Each notice to the Board under subparagraph
(A) shall include a description of the nature of the records
or materials, and a justification for the determination, cov-
ered 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
National Security Affairs rather than to the Board.
(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 mate-
rials of the agency covered by such review, and still prop-
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erly classified, outweighs the Government’s need to protect
such records or materials, and may release such records
or materials in accordance with the provisions of Executive
Order No. 12958 or any successor order to such Executive
order.
(d) DISCRETION TO PROTECT.—At the conclusion of
a declassification review, the head of an agency may, in
the discretion of the head of the agency, determine that
the interest of the agency in the protection of records or
materials of the agency covered by such review, and still
properly classified, outweighs the public’s need for access
to such records or materials, and may deny release of such
records or materials in accordance with the provisions of
Executive Order No. 12958 or any successor order to such
Executive order.
(e) REPORTS.—(1)(A) Except as provided in 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 to the Board by the head of
an agency or the head of a Federal Presidential library
of access to records or materials under this title.
(B) In this paragraph, the term ‘‘appropriate con-
gressional committees’’ means the Select Committee on
Intelligence and the Committee on Governmental Affairs
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of the Senate and the Permanent Select Committee on In-
telligence and the Committee on Government Reform of
the House of Representatives.
(2) Notwithstanding paragraph (1), notice that the
Board has been denied access to records and materials,
and a justification for the determination in support of the
denial, shall be submitted by the agency denying the ac-
cess as follows:
(A) In the case of the denial of access to a spe-
cial access program created by the Secretary of De-
fense, to the Committees on Armed Services and Ap-
propriations of the Senate and to the Committees on
Armed Services and Appropriations of the House of
Representatives.
(B) In the case of the denial of access to a spe-
cial access program created by the Director of Cen-
tral Intelligence, or by the head of any other agency
(including the Department of Defense) if the special
access program pertains to intelligence activities, or
of access to any information and materials relating
to intelligence sources and methods, to the Select
Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the
House of Representatives.
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(C) In the case of the denial of access to a spe-
cial access program created by the Secretary of En-
ergy or the Administrator for Nuclear Security, to
the Committees on Armed Services and Appropria-
tions and the Select Committee on Intelligence of
the Senate and to the Committees on Armed Serv-
ices and Appropriations and the Permanent Select
Committee on Intelligence of the House of Rep-
resentatives.
SEC. 707. JUDICIAL REVIEW.
Nothing in this title limits the protection afforded to
any information under any other provision of law. This
title is not intended and may not be construed to create
any right or benefit, substantive or procedural, enforceable
against the United States, its agencies, its officers, or its
employees. This title does not modify in any way the sub-
stantive criteria or procedures for the classification of in-
formation, nor does this title create any right or benefit
subject to judicial review.
SEC. 708. FUNDING.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
hereby authorized to be appropriated to carry out the pro-
visions of this title amounts as follows:
(1) For fiscal year 2001, $650,000.
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(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 in-
clude in the budget submitted to Congress for each fiscal
year under section 1105 of title 31, United States Code,
a request for amounts for the activities of the Board under
this title during such fiscal year.
SEC. 709. DEFINITIONS.
In this title:
(1) AGENCY.—(A) Except as provided in sub-
paragraph (B), the term ‘‘agency’’ means the fol-
lowing:
(i) An Executive agency, as that term is
defined in section 105 of title 5, United States
Code.
(ii) A military department, as that term is
defined in section 102 of such title.
(iii) Any other entity in the executive
branch that comes into the possession of classi-
fied information.
(B) The term does not include the Board.
(2) CLASSIFIED MATERIAL OR RECORD.—The
terms ‘‘classified material’’ and ‘‘classified record’’
include any correspondence, memorandum, book,
plan, map, drawing, diagram, pictorial or graphic
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work, photograph, film, microfilm, sound recording,
videotape, machine readable records, and other docu-
mentary material, regardless of physical form or
characteristics, that has been determined pursuant
to Executive order to require protection against un-
authorized disclosure in the interests of the national
security of the United States.
(3) DECLASSIFICATION.—The term ‘‘declas-
sification’’ means the process by which records or
materials that have been classified are determined
no longer to require protection from unauthorized
disclosure to protect the national security of the
United States.
(4) DONATED
HISTORICAL
MATERIAL.—The
term ‘‘donated historical material’’ means collections
of personal papers donated or given to a Federal
Presidential library or other archival repository
under a deed of gift or otherwise.
(5) FEDERAL
PRESIDENTIAL
LIBRARY.—The
term ‘‘Federal Presidential library’’ means a library
operated and maintained by the United States Gov-
ernment through the National Archives and Records
Administration under the applicable provisions of
the Federal Records Act of 1950.
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(6) NATIONAL SECURITY.—The term ‘‘national
security’’ means the national defense or foreign rela-
tions of the United States.
(7) RECORDS
OR
MATERIALS
OF
EXTRAOR-
DINARY PUBLIC INTEREST.—The term ‘‘records or
materials of extraordinary public interest’’ means
records or materials that—
(A) demonstrate and record the national
security policies, actions, and decisions of the
United States, including—
(i) policies, events, actions, and deci-
sions which led to significant national se-
curity 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-
classification program established under Execu-
tive order.
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(8) RECORDS OF ARCHIVAL VALUE.—The term
‘‘records of archival value’’ means records that have
been determined by the Archivist of the United
States to have sufficient historical or other value to
warrant their continued preservation by the Federal
Government.
SEC. 710. EFFECTIVE DATE; SUNSET.
(a) EFFECTIVE DATE.—This title shall take effect on
the date that is 120 days after the date of the enactment
of this Act.
(b) SUNSET.—The provisions of this title shall expire
4 years after the date of the enactment of this Act, unless
reauthorized by statute.
TITLE VIII—DISCLOSURE OF IN-
FORMATION 
ON 
JAPANESE
IMPERIAL GOVERNMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Japanese Imperial
Government Disclosure Act of 2000’’.
SEC. 802. DESIGNATION.
(a) DEFINITIONS.—In this section:
(1) AGENCY.—The term ‘‘agency’’ has the
meaning given such term under section 551 of title
5, United States Code.
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(2) INTERAGENCY GROUP.—The term ‘‘Inter-
agency Group’’ means the Nazi War Crimes and
Japanese Imperial Government Records Interagency
Working Group established under subsection (b).
(3) 
JAPANESE
IMPERIAL
GOVERNMENT
RECORDS.—The term ‘‘Japanese Imperial Govern-
ment records’’ means classified records or portions
of records that pertain to any person with respect to
whom the United States Government, in its sole dis-
cretion, has grounds to believe ordered, incited, as-
sisted, or otherwise participated in the experimen-
tation on, and persecution of, any person because of
race, religion, national origin, or political opinion,
during the period beginning September 18, 1931,
and ending on December 31, 1948, under the direc-
tion of, or in association with—
(A) the Japanese Imperial Government;
(B) any government in any area occupied
by the military forces of the Japanese Imperial
Government;
(C) any government established with the
assistance or cooperation of the Japanese Impe-
rial Government; or
(D) any government which was an ally of
the Japanese Imperial Government.