Intelligence Authorization Act for Fiscal Year 2001
PL 106-567 (H.R.5630), enacted 12/27/2000

PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2831 
Public Law 106-567 
106th Congress 
An Act 
To authorize appropriations for fiscal year 2001 for intelligence and intelligence- 
Dec. 27, 2000 
related activities of the United States Government, the Community Management 
[H.R. 5630] 
Account, and the Central InteUigence Agency Retirement and Disability System, 
and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
Intelligence 
Authorization 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
Act for Fiscal 
(a) SHORT TITLE.—This Act may be cited as the "Intelligence Year 2001. 
Authorization Act for Fiscal Year 2001". 
(b) TABLE OF CONTENTS.—^The table of contents of 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 accoimt. 
Sec. 105. Transfer authority of the Director of Central Intelligence. 
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM 
Sec. 201. Authorization of appropriations. 
TITLE III—GENERAL PROVISIONS 
Subtitle A—^Intelligence Community 
Sec. 301. Increase in employee compensation and benefits authorized by law. 
Sec. 302. Restriction on conduct of intelligence activities. 
Sec. 303. Sense of the Congress on intelligence community contracting. 
Sec. 304. National Seciuity Agency voluntary separation. 
Sec. 305. Authorization for travel on any common carrier for certain intelligence 
collection personnel. 
Sec. 306. Update of report on effects of foreign espionage on United States trade 
secrets. 
Sec. 307. POW/MIA analytic capability within the intelligence community. 
Sec. 308. AppUcability to lawful United States intelligence activities of Federal 
laws implementing international treaties and agreements. 
Sec. 309. Limitation on handling, retention, and storage of certain classified mate-
rials by the Department of State. 
Sec. 310. Designation of Daniel Patrick Moynihan Place. 
Subtitle B—^Diplomatic Telecommunications Service Program Office (DTS-PO) 
Sec. 321. Reorganization of Diplomatic Telecommunications Service Program Office. 
Sec. 322. Personnel. 
Sec. 323. Diplomatic Telecommunications Service Oversight Board. 
Sec. 324. General provisions. 
TITLE IV—CENTRAL INTELLIGENCE AGENCY 
Sec. 401. Modifications to Central Intelligence Agency's central services program. 
114 STAT. 2832 
PUBLIC LAW 106-567—DEC. 27, 2000 
Sec. 402. Technical corrections. 
Sec. 403. Expansion of Inspector General actions requiring a report to Congress. 
Sec. 404. Detail 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 li-
ability insiu-ance. 
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES 
Sec. 501. Role of Director of Central Intelligence in experimental personnel pro-
gram for certain scientific and technical personnel. 
Sec. 502. Measurement and signature intelligence. 
TITLE VI—COUNTERINTELLIGENCE MATTERS 
Sec. 601. Short title. 
Sec. 602. Orders for electronic surveillance under the Foreign Intelligence Siuveil-
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 Surveil-
lance Act of 1978 for law enforcement purposes. 
Sec. 605. Coordination of counterintelligence with the Federal Bureau of Investiga-
tion. 
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—DECLASSIFICATION OF INFORMATION 
Sec. 701. Short title. 
Sec. 702. Findings. 
Sec. 703. Public Interest Declassification Board. 
Sec. 704. Identification, collection, and review for declassification of information of 
archival value or extraordinary public interest. 
Sec. 705. Protection of national security information and other information. 
Sec. 706. Standards and procedures. 
Sec. 707. Judicial review. 
Sec. 708. Funding. 
Sec. 709. Definitions. 
Sec. 710. Sunset. 
TITLE VIII—DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL 
GOVERNMENT 
Sec. 801. Short title. 
Sec. 802. Designation. 
Sec. 803. Requirement of disclosure of records. 
Sec. 804. Expedited processing of requests for Japanese Imperial Government 
records. 
Sec. 805. Effective date. 
TITLE I—INTELLIGENCE ACTIVITIES 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
2001 for the conduct of the inteUigence and intelligence-related 
activities of the following elements of the United States Grovem-
ment: 
(1) The Central Intelligence Agency. 
(2) The Department of Defense. 
(3) The Defense Intelligence Agency. 
(4) The National Security Agency. 
(5) The Department of the Army, the Department of the 
Navy, and the Department of the Air Force. 
(6) The Department of State. 
(7) The Department of the Treasury. 
(8) The Department of Energy. 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2833 
(9) The Federal Bureau of Investigation. 
(10) The National Reconnaissance Office. 
(11) The National Imagery and Mapping Agency. 
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 report on the bill H.R. 4392 of the One Hundred Sixth 
Congress (House Report 106-969). 
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZA-
TIONS.—^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 President, 
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 approval of the 
Director of the Office of Management and Budget, the Director 
of Central Intelligence may authorize employment of civilian per-
sonnel in excess of the number authorized for fiscal year 2001 
under section 102 when the Director of Central Intelligence deter-
mines that such action 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 
2 percent of the number of civilian personnel authorized under 
such section for such element. 
(b) NOTICE TO INTELLIGENCE COMMITTEES.—^The Director of 
Central Intelligence shall promptly notify the Permanent Select 
Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate whenever the 
Director exercises the authority granted by this section. 
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—^There is authorized 
to be appropriated for the Community Management Account of 
the Director of Central Intelligence for fiscal year 2001 the sum 
of $163,231,000. Within such amount, funds identified in the classi-
fied Schedule of Authorizations referred to in section 102(a) for 
the Advanced Research and Development Committee shall remain 
available until September 30, 2002. 
(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the 
Community Management Account of the Director of Central Intel-
ligence are authorized 313 full-time personnel as of September 
30, 2001. Personnel serving in such elements may be permanent 
employees of the Community Management Account 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 subsection (a), there are also author-
ized to be appropriated for the Community Management 
Account for fiscal year 2001 such additional amounts as are 
114 STAT. 2834 
PUBLIC LAW 106-567—DEC. 27, 2000 
specified in the classified Schedule of Authorizations referred 
to in section 102(a). Such additional amounts shall remain 
available until September 30, 2002. 
(2) AUTHORIZATION OF PERSONNEL.—In addition to the per-
sonnel authorized by subsection (b) for elements of the Commu-
nity Management Account as of September 30, 2001, there 
are hereby authorized such additional personnel for such ele-
ments as of that date as are specified in the classified Schedule 
of Authorizations. 
(d) REIMBURSEMENT.—Except as provided in section 113 of the 
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 
2001, any officer or employee of the United States or a member 
of the Araied Forces who is detailed to the staff of 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 non-
reimbursable basis for a period of less than 1 year for the perform-
ance of temporary functions as required by the Director of Central 
Intelligence. 
21 u s e 873 note. 
(e) NATIONAL DRUG INTELLIGENCE CENTER.— 
(1) IN GENERAL.—Of the amount authorized to be appro-
priated in subsection (a), $34,100,000 shall be available for 
the National Drug Intelligence Center. Within such amount, 
funds provided for research, development, test, and evaluation 
purposes shall remain 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 Central Intel-
ligence shall transfer to the Attorney General funds available 
for the National Drug Intelligence Center under paragraph 
(1). The Attorney General shall utilize funds so transferred 
for the activities of the National Drug Intelligence Center. 
(3) LIMITATION.—^Amounts available for the National 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)(l)). 
(4) AUTHORITY.—^Notwithstanding any other provision of 
law, the Attorney General shall retain full authority over the 
operations of the National Drug Intelligence Center. 
SEC. 105. TRANSFER AUTHORITY OF THE DHIECTOR OF CENTRAL 
INTELUGENCE. 
(a) LIMITATION ON DELEGATION OF AUTHORITY OF DEPARTMENTS 
To OBJECT TO TRANSFERS.—Section 104(d)(2) of the National Secu-
rity Act of 1947 (50 U.S.C. 403-4(d)(2)) is amended— 
(1) by inserting "(A)" after "(2)"; 
(2) by redesignating subparagraphs (A), (B), (C), (D), and 
(E) as clauses (i), (ii), (iii), (iv), and (v), respectively; 
(3) in clause (v), as so redesignated, by striking "the Sec-
retary or head" and inserting "subject to subparagraph (B), 
the Secretary or head"; and 
(4) by adding at the end the following new subparagraph: 
"(B)(i) Except as provided in clause (ii), the authority to object 
to a transfer under subparagraph (A)(v) may not be delegated 
by the Secretary or head of the department involved. 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2835 
"(ii) With respect to the Department of Defense, the authority 
to object to such a transfer may be delegated by the Secretary 
of Defense, but only to the Deputy Secretary of Defense. 
"(iii) An objection to a transfer under subparagraph (A)(v) shall 
have no effect unless submitted to the Director of Central Intel-
ligence in writing.". 
(b) LIMITATION ON DELEGATION OF DUTIES OF DIRECTOR OF 
CENTRAL INTELLIGENCE.—Section 104(d)(1) of such Act (50 U.S.C. 
403-4(d)(l)) is amended— 
(1) by inserting "(A)" after "(1)"; and 
(2) by adding at the end the following new subparagraph: 
"(B) The Director may only delegate any duty or authority 
given the Director under this subsection to the Deputy Director 
of Central Intelligence for Community Management.". 
TITLE 
II—CENTRAL 
INTELLIGENCE 
AGENCY 
RETIREMENT 
AND 
DIS-
ABILITY SYSTEM 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Central Intel-
ligence Agency Retirement and Disability Fund for fiscal year 2001 
the sum of $216,000,000. 
TITLE III—GENERAL PROVISIONS 
Subtitle A—Intelligence Community 
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
AUTHORIZED BY LAW. 
Appropriations authorized by this Act for salary, pay, retire-
ment, and other benefits for Federal employees may be increased 
by such additional or supplemental amounts 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. SENSE OF THE CONGRESS ON INTELLIGENCE COMMUNITY 
CONTRACTING. 
It is the sense of the Congress that the Director of Central 
Intelligence should continue to direct that elements of the intel-
ligence community, whenever compatible with the national security 
interests of the United States and consistent with operational and 
security concerns related to the conduct of intelligence activities, 
and where fiscally sound, should competitively award contracts 
in a manner that maximizes the procurement of products properly 
designated as having been made in the United States. 
114 STAT. 2836 
PUBLIC LAW 106-567—DEC. 27, 2000 
SEC. 304. NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION ACT. 
(a) IN GENERAL.—Title III of the National Security Act of 
1947 (50 U.S.C. 405 et seq.) is amended by inserting at the begin-
ning the following new section 301: 
"NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION 
50USC4Q9a. 
"SEC. 301. (a) SHORT TiTLE.—This Section may be cited as 
the 'National Security Agency Voluntary Separation Act'. 
"(b) DEFINITIONS.—For purposes of this section— 
"(1) the term 'Director* means the Director of the National 
Security Agency; and 
"(2) the term 'employee' means an employee of the National 
Security Agency, serving under an appointment without time 
limitation, who has been currently employed by the National 
Security Agency for a continuous period of at least 12 months 
prior to the effective date of the program established under 
subsection (c), except that such term does not include— 
"(A) a reemployed annuitant under subchapter III of 
chapter 83 or chapter 84 of title 5, United States Code, 
or another retirement system for employees of the Govern-
ment; or 
"(B) an employee having a disability on the basis of 
which such employee is or would be eligible for disability 
retirement under any of the retirement systems referred 
to in subparagraph (A). 
"(c) ESTABLISHMENT OF PROGRAM.—^Notwithstanding any other 
provision of law, the Director, in his sole discretion, may establish 
a program under which employees may, after October 1, 2000, 
be eligible for early retirement, offered separation pay to separate 
from service voluntarily, or both. 
"(d) EARLY RETIREMENT.—An employee who— 
"(1) is at least 50 years of age and has completed 20 
years of service; or 
"(2) has at least 25 years of service, 
may, pursuant to regulations promulgated under this section, apply 
and be retired from the National Security Agency and receive 
benefits in accordance with chapter 83 or 84 of title 5, United 
States Code, if the employee has not less than 10 years of service 
with the National Security Agency. 
"(e) AMOUNT OF SEPARATION PAY AND TREATMENT FOR OTHER 
PURPOSES.— 
"(1) AMOUNT.—Separation pay shall be paid in a lump 
sum and shall be equal to the lesser of— 
"(A) an amount equal to the amount the employee 
would be entitled to receive under section 5595(c) of title 
5, United States Code, if the employee were entitled to 
payment under such section; or 
"(B) $25,000. 
"(2) TREATMENT.—Separation pay shall not— 
"(A) be a basis for pajmtient, and shall not be included 
in the computation, of any other type of Government ben-
efit; and 
"(B) be taken into account for the purpose of deter-
mining the amount of any severance pay to which an 
individual may be entitled under section 5595 of title 5, 
United States Code, based on any other separation. 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2837 
"(f) REEMPLOYMENT RESTRICTIONS.—^An employee who receives 
separation pay under such program may not be reemployed by 
the National Security Agency for the 12-month period beginning 
on the effective date of the employee's separation. An employee 
who receives separation pay under this section on the basis of 
a separation occurring on or after the date of the enactment of 
the Federal Workforce Restructuring Act of 1994 (Public Law 103-
236; 108 Stat. I l l ) and accepts employment with the Government 
of the United States within 5 years after the date of the separation 
on which payment of the separation pay is based shall be required 
to repay the entire amount of the separation pay to the National 
Security Agency. If the emplo3nTient is with an Executive agency 
(as defined by section 105 of title 5, United States Code), the 
Director of the Office of Personnel Management may, at the request 
of the head of the agency, waive the repayment if the individual 
involved possesses unique abilities and is the only qualified 
applicant available for the position. If the employment is with 
an entity in the legislative branch, the head of the entity or the 
appointing official may waive the repayment if the individual 
involved possesses unique abilities and is the only qualified 
applicant available for the position. If the employment is with 
the judicial branch, the Director of the Administrative Office of 
the United States Courts may waive the repayment if the individual 
involved possesses unique abilities and is the only qualified 
applicant available for the position. 
"(g) BAR ON CERTAIN EMPLOYMENT.— 
"(1) BAR.—^An employee may not be separated from service 
under this section unless the employee agrees that the employee 
will not— 
"(A) act as agent or attorney for, or otherwise rep-
resent, any other person (except the United States) in 
any formal or informal appearance before, or, with the 
intent to influence, make any oral or written communica-
tion on behalf of any other person (except the United 
States) to the National Security Agency; or 
"(B) participate in any manner in the award, modifica-
tion, or extension of any contract for property or services 
with the National Security Agency, 
during the 12-month period beginning on the effective date 
of the employee's separation from service. 
"(2) PENALTY.—^An employee who violates an agreement 
under this subsection shall be liable to the United States in 
the amount of the separation pay paid to the employee pursuant 
to this section multiplied by the proportion of the 12-month 
period during which the employee was in violation of the agree-
ment. 
"(h) LIMITATIONS.—^Under this program, early retirement and 
separation pay may be offered only— 
"(1) with the prior approval of the Director; 
"(2) for the period specified by the Director; and 
"(3) to employees within such occupational groups or 
geographic locations, or subject to such other similar limitations 
or conditions, as the Director may require. 
"(i) REGULATIONS.—Before an employee may be eligible for early 
retirement, separation pay, or both, under this section, the Director 
shall prescribe such regulations as may be necessary to carry out 
this section. 
114 STAT. 2838 
PUBLIC LAW 106-567—DEC. 27, 2000 
"(j) REPORTING REQUIREMENTS.— 
"(1) NOTIFICATION.—The Director may not make an offer 
of early retirement, separation pay, or both, pursuant to this 
section until 15 days after submitting to the Permanent Select 
Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate a report 
describing the occupational groups or geographic locations, or 
other similar limitations or conditions, required by the Director 
under subsection (h), and includes the proposed regulations 
issued pursuant to subsection (i). 
"(2) ANNUAL REPORT.—The Director shall submit to the 
President and the Permanent Select Committee on Intelligence 
of the House of Representatives and the Select Committee 
on Intelligence of the Senate an annual report on the effective-
ness and costs of carrying out this section. 
"(k) REMITTANCE OF FUNDS.—In addition to any other pa5niient 
that is required to be made under subchapter III of chapter 83 
or chapter 84 of title 5, United States Code, the National Security 
Agency shall remit to the Office of Personnel Management for 
deposit in the Treasury of the United States to the credit of the 
Civil Service Retirement and Disability Fund, an amount equal 
to 15 percent of the final basic pay of each employee to whom 
a voluntary separation pajonent has been or is to be paid under 
this section. The remittance required by this subsection shall be 
in lieu of any remittance required by section 4(a) of the Federal 
Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).". 
(b) CLERICAL AMENDMENT.—The table of contents for title III 
of the National Security Act of 1947 is amended by inserting at 
the beginning the following new item: 
"Sec. 301. National Security Agency voluntary separation.". 
SEC. 305. AUTHORIZATION FOR TRAVEL ON ANY COMMON CARRIER 
FOR CERTAIN INTELUGENCE COLLECTION PERSONNEL. 
(a) IN GENERAL.—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 new section: 
"TRAVEL ON ANY COMMON CARRIER FOR CERTAIN INTELLIGENCE 
COLLECTION PERSONNEL 
50 use 404k. 
"SEC. 116. (a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Director of Central Intelligence may authorize 
travel on any common carrier when such travel, in the discretion 
of the Director— 
"(1) is consistent with intelligence community mission 
requirements, or 
"(2) is required for cover purposes, operational needs, or 
other exceptional circumstances necessary for the successful 
performance of an intelligence community mission. 
"(b) AUTHORIZED DELEGATION OF DUTY.—^The Director may only 
delegate the authority granted by this section to the Deputy Director 
of Central Intelligence, or with respect to employees of the Central 
Intelligence Agency the Director may delegate such authority to 
the Deputy Director for Operations.". 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2839 
(b) CLERICAL AMENDMENT.—^The table of contents for the 
National Security Act of 1947 is amended by inserting after the 
item relating to section 115 the following new item: 
"Sec. 116. Travel on any common carrier for certain intelligence collection per-
sonnel.". 
SEC. 306. UPDATE OF REPORT ON EFFECTS OF FOREIGN ESPIONAGE 
ON UNITED STATES TRADE SECRETS. 
Not later than 270 days after the date of the enactment of Deadline, 
this Act, the Director of Central Intelligence shall submit to Con-
gress a report that updates and revises, as necessary, the report 
prepared by the Director pursuant to section 310 of the Intelligence 
Authorization Act for Fiscal Year 2000 (Public Law 106-120; 113 
Stat. 1606). 
SEC. 307. POW/MIA ANALYTIC CAPABILITY WITfflN THE INTELUGENCE 
COMMUNITY. 
(a) IN GENERAL.—^Title I of the National Security Act of 1947 
(50 U.S.C. 402 et seq.), as amended by section 305(a), is further 
amended by adding at the end the following: 
"POW/MIA ANALYTIC CAPABILITY 
"SEC 117. (a) REQUIREMENT.—(1) The Director of Central Intel- EstabUshment. 
ligence shall, in consultation with the Secretary of Defense, estab- 50 USC 404/. 
lish and maintain in the intelligence community an analytic capa-
bility with responsibility for intelligence in support of the activities 
of the United States relating to individuals who, after December 
31, 1990, are unaccounted for United States personnel. 
"(2) The analjrtic capability maintained under paragraph (1) 
shall be known as the 'POW/MIA analytic capability of the intel-
ligence community. 
"(b) UNACCOUNTED FOR UNITED STATES PERSONNEL.—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 and whose 
remains have not been repatriated to the United States.". 
(b) CLERICAL AMENDMENT.—^The table of contents for the 
National Security Act of 1947, as amended by section 305(b), is 
further amended by inserting after the item relating to section 
116 the following new item: 
"Sec. 117. POW/MIA analytic capability.". 
SEC. 308. APPLICABILITY TO LAWFtFL UNITED STATES INTELUGENCE 
ACTIVITIES OF FEDERAL LAWS IMPLEMENTING INTER-
NATIONAL TREATIES AND AGREEMENTS. 
(a) IN GENERAL.—The National Security Act of 1947 (50 U.S.C. 
401 et seq.) is amended by adding at the end the following new 
title: 
114 STAT. 2840 
PUBLIC LAW 106-567—DEC. 27, 2000 
'TITLE X—ADDITIONAL MISCELLANEOUS PROVISIONS 
"APPLICABILITY TO UNITED STATES INTELLIGENCE ACTIVITIES OF FED-
ERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREE-
MENTS 
50 use 442. 
"SEC. 1001. (a) IN GENERAL.—NO Federal law enacted on or 
after the date of the enactment of the Intelligence Authorization 
Act for Fiscal Year 2001 that implements a treaty or other inter-
national agreement shall be construed as making unlawful an other-
wise lawful and authorized intelligence activity of the United States 
Government or its employees, or any other person to the extent 
such other person is carrying out such activity on behalf of, and 
at the direction of, the United States, unless such Federal law 
specifically addresses such intelligence activity. 
"(b) AUTHORIZED INTELLIGENCE ACTIVITIES.—An intelligence 
activity shall be treated as authorized for purposes of subsection 
(a) if the intelligence activity is authorized by an appropriate official 
of the United States Government, acting within the scope of the 
official duties of that official and in compliance with Federal law 
and any applicable Presidential directive.". 
(b) CLERICAL AMENDMENT.—^The table of contents for the 
National Security Act of 1947 is amended by inserting at the 
end the following new items: 
'TITLE X—ADDITIONAL MISCELLANEOUS PROVISIONS 
"Sec. 1001. Applicability to United States intelligence activities of Federal laws im-
plementing international treaties and agreements.". 
50 use 435a. 
SEC. 309. LIMITATION ON HANDLING, RETENTION, AND STORAGE OF 
CERTAIN CLASSIFIED MATERIALS BY THE DEPARTMENT 
OF STATE. 
(a) 
CERTIFICATION 
REGARDING 
FULL 
COMPLIANCE 
WITH 
REQUIREMENTS.—^The Director of Central Intelligence shall certify 
to the appropriate committees of Congress 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 handling, 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 element is currently subject 
to a waiver of compliance with respect to any such directive. 
Notification. 
(c) REPORT ON NONCOMPLIANCE.—^Whenever the Director of 
Central Intelligence determines that a covered element 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 Congress of such determination. 
Effective date. 
(d) EFFECTS OF CERTIFICATION OF NON-FULL COMPLIANCE.— 
(1) Subject to subsection (e), effective as of January 1, 2001, a 
covered element of the Department of State may not retain or 
store covered classified material unless 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 remain in effect until 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2841 
the date on which the Director certifies under subsection (a) that 
the covered element involved is in full compliance with the direc-
tives referred to in that subsection. 
(e) WAIVER BY DIRECTOR OF CENTRAL INTELLIGENCE.—(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 deter-
mines that the waiver is in the national security interests of the 
United States. 
(2) The Director shall submit to appropriate committees of Reports. 
Congress a report on each exercise of the waiver authority 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. 
(C) The actions that will be taken to bring such element 
into full compliance with the directives 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, retained, or stored by such 
element pending achievement of fall compliance of such element 
with such directives. 
(f) DEFINITIONS.—In this section: 
(1) The term "appropriate committees of Congress" means 
the following: 
(A) The Select Committee on Intelligence and the Com-
mittee on Foreign Relations of the Senate. 
(B) The Permanent Select Committee on Intelligence 
and the Committee on International Relations of the House 
of Representatives. 
(2) The term "covered classified material" means any mate-
rial classified at the Sensitive Compartmented 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. 
(4) The term "material" means any data, regardless of 
physical form or characteristic, including written or printed 
matter, automated information systems storage media, maps, 
charts, paintings, drawings, 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 Information (SCI) 
level", in the case of classified material, means a level of classi-
fication for information in such material concerning or derived 
from intelligence sources, methods, or analjdiical processes that 
requires such information to be handled within formal access 
control systems established by the Director of Central Intel-
ligence. 
SEC. 310. DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE. 
40 USC 1101 
(a) FINDINGS.—Congress finds that— 
"°^" 
114 STAT. 2842 
PUBLIC LAW 106-567—DEC. 27, 2000 
(1) during the second half of the twentieth century, Senator 
Daniel Patrick Moynihan promoted the importance of architec-
ture and urban planning in the Nation's Capital, particularly 
with respect to the portion of Pennsylvania Avenue between 
the White House and the United States Capitol (referred to 
in this subsection 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 Nation'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 Pennsyl-
vania Avenue (1965-1969), and in his various capacities in 
the executive and legislative branches. Senator Moynihan has 
consistently and creatively sought to fulfill President Kennedy's 
recommendation of June 1, 1962, that the Avenue not become 
a "solid phalanx of public and 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 
impressive"; 
(4)(A) Senator Moynihan helped draft a Federal architec-
tural policy, known as the "Guiding Principles for Federal 
Architecture," that recommends a choice of designs that are 
"efficient and economical" and that provide "visual testimony 
to the dignity, enterprise, vigor, and stability" of the United 
States Government; and 
(B) the Guiding Principles for Federal Architecture further 
state that the "development of an official style must be avoided. 
Design must flow from the architectural 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 institution along 
the Avenue, namely the Woodrow Wilson International 
Center for Scholars, a living memorial to President Wilson; 
and 
(6) as Senator Mojmihan's service in the Senate concludes, 
it is appropriate to commemorate his legacy of public service 
and his commitment to thoughtful 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 designated as "Daniel Patrick 
Mojniihan Place". 
(c) BOUNDARIES.—^The parcel of land described in this sub-
section is the portion of Woodrow Wilson Plaza (as designated 
by Public Law 103-284 (108 Stat. 1448)) that is bounded— 
(1) on the west by the eastern facade of the Ronald Reagan 
Building and International Trade Center; 
(2) on the east by the western facade of the Ariel Rios 
Building; 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2843 
(3) on the north by the southern edge of the sidewalk 
abutting Pennsylvania Avenue; and 
(4) on the south by the line that extends west to the 
facade of the Ronald Reagan Building and International Trade 
Center, from the point where the west facade of the Ariel 
Rios Building intersects the north end of the west hemicycle 
of that building. 
(d) REFERENCES.—^Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the parcel 
of land described in subsection (c) shall be deemed to be a reference 
to Daniel Patrick Moynihan Place. 
(e) MARKERS.—^The Administrator of General Services shall 
erect appropriate gateways or other markers in Daniel Patrick 
Moynihan Place so denoting that place. 
Subtitle 
B—Diplomatic 
Telecommuni-
cations Service Program Office (DTS-PO) 
SEC. 321. REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS 
22 USC 7301. 
SERVICE PROGRAM OFFICE. 
(a) REORGANIZATION.—Effective 60 days after the date of the Effective date, 
enactment of this Act, the Diplomatic Telecommunications Service 
Program Office (DTS-PO) established pursuant to title V of Public 
Law 102-140 shall be reorganized in accordance with this subtitle. 
(b) PURPOSE AND DUTIES OF DTS-PO.—The purpose and duties 
of DTS-PO shall be to carry out a program for the establishment 
and maintenance of a diplomatic telecommunications system and 
communications network (hereinafter in this subtitle referred to 
as "DTS") capable of providing multiple levels of service to meet 
the wide ranging needs of all United States Government agencies 
and departments at diplomatic facilities abroad, including national 
security needs for secure, reliable, and robust communications 
capabilities, 
SEC. 322. PERSONNEL. 
22 USC 7302. 
(a) 
ESTABLISHMENT 
OF 
POSITION 
OF 
CHIEF 
EXECUTIVE 
OFFICER.— 
(1) IN GENERAL.—Effective 60 days after the date of the Effective date, 
enactment of this Act, there is established the position of Chief 
Executive Officer of the Diplomatic Telecommunications Service 
Program Office (hereinafter in this subtitle referred to as the 
"CEO"). 
(2) QUALIFICATIONS.— 
(A) IN GENERAL.—The CEO shall be an individual 
who— 
(i) is a communications professional; 
(ii) has served in the commercial telecommuni-
cations industry for at least 7 years; 
(iii) has an extensive background in communica-
tions system design, maintenance, and support and 
a background in organizational management; and 
(iv) submits to a background investigation and 
possesses the necessary qualifications to obtain a secu-
rity clearance required to meet the highest United 
States Government security standards. 
114 STAT. 2844 
PUBLIC LAW 106-567—DEC. 27, 2000 
(B) LIMITATIONS.—The CEO may not be an individual 
who was an officer or employee of DTS-PO prior to the 
date of the enactment of this Act. 
(3) APPOINTMENT AUTHORITY.—The CEO of DTS-PO shall 
be appointed by the Director of the Office of Management 
and Budget. 
(4) FIRST APPOINTMENT.— 
(i) DEADLINE.—^The first appointment under this 
subsection shall be made not later than May 1, 2001. 
(ii) LIMITATION ON USE OF FUNDS.—Of the funds 
available for DTS-PO on the date of the enactment 
of this Act, not more than 75 percent of such funds 
may be obligated or expended until a CEO is appointed 
under this subsection and assumes such position. 
(iii) 
MAY NOT BE AN OFFICER OR EMPLOYEE OF 
FEDERAL GOVERNMENT.—^The individual first appointed 
as CEO under this subtitle may not have been an 
officer or employee of the Federsd government during 
the 1-year period immediately preceding such appoint-
ment. 
(5) VACANCY.—In the event of a vacancy in the position 
of CEO or during the absence or disability of the CEO, the 
Director of the Office of Management and Budget may designate 
an officer or employee of DTS-PO to perform the duties of 
the position as the acting CEO. 
(6) AUTHORITIES AND DUTIES.— 
(A) IN GENERAL.—^The CEO shall have responsibility 
for day-to-day management and operations of DTS, subject 
to the supervision of the Diplomatic Telecommunication 
Service Oversight Board established under this subtitle. 
(B) SPECIFIC AUTHORITIES.—In carrying out the respon-
sibility for day-to-day management and operations of DTS, 
the CEO shall, at a minimum, have— 
(i) final decision-making authority for imple-
menting DTS policy; and 
(ii) final decision-making authority for managing 
all communications technology and security upgrades 
to satisfy DTS user requirements. 
(C) 
CERTIFICATION REGARDING SECURITY.—The 
CEO 
shall certify to the appropriate congressional committees 
that the operational and communications security require-
ments and practices of DTS conform to the highest security 
requirements and practices required by any agency uti-
lizing the DTS. 
(D) REPORTS TO CONGRESS.— 
Effective date. 
(i) SEMIANNUAL REPORTS.—^Beginning on AugUSt 
1, 2001, and every 6 months thereafter, the CEO shall 
submit to the appropriate congressional committees 
of jurisdiction a report regarding the activities of DTS-
PO during the preceding 6 months, the current 
capabilities of DTS-PO, and the priorities of DTS-PO 
for the subsequent 6-month period. Each report shall 
include a discussion about any administrative, budg-
etary, or management issues that hinder the ability 
of DTS-PO to fulfill its mandate. 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2845 
(ii) OTHER REPORTS.—In addition to the report 
required by clause (i), the CEO shall keep the appro-
priate congressional committees of jurisdiction fully 
and currently informed with regard to DTS-PO activi-
ties, particularly with regard to any significant security 
infractions or major outages in the DTS. 
(b) ESTABLISHMENT OF POSITIONS OF DEPUTY EXECUTIVE 
OFFICER.— 
(1) IN GENERAL.—^There shall be two Deputy Executive President. 
Officers of the Diplomatic Telecommunications Service Program 
Office, each to be appointed by the President. 
(2) DUTIES.—^The Deputy Executive Officers shall perform 
such duties as the CEO may require. 
(c) TERMINATION OF POSITIONS OF DIRECTOR AND DEPUTY 
DIRECTOR.—^Effective upon the first appointment of a CEO pursuant 
to subsection (a), the positions of Director and Deputy Director 
of DTS-PO shall terminate. 
(d) EMPLOYEES OF DTS-PO.— 
(1) IN GENERAL.—DTS-PO is authorized to have the fol-
lowing employees: a CEO established under subsection (a), 
two Deputy Executive Officers established under subsection 
(b), and not more than four other employees. 
(2) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.—^The 
CEO and other officers and employees of DTS-PO may be 
appointed without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service, 
and may be paid without regard to the provisions of chapter 
51 and subchapter III of chapter 53 of that title relating to 
classification and General Schedule pay rates. 
(3) AUTHORITY OF DIRECTOR OF OMB TO PRESCRIBE PAY 
OF EMPLOYEES.—^The Director of the Office of Management 
and Budget shall prescribe the rates of basic pay for positions 
to which employees are appointed under this section on the 
basis of their unique qualifications. 
(e) STAFF OF FEDERAL AGENCIES.— 
(1) IN GENERAL.—^Upon request of the CEO, the head of 
any Federal department or agency may detail, on a reimburs-
able basis, any of the personnel of that department or agency 
to DTS-PO to assist it in carrying out its duties under this 
subtitle. 
(2) CONTINUATION OF SERViCE.^An employee of a Federal 
department or agency who was performing services on behalf 
of DTS-PO prior to the effective date of the reorganization 
under this subtitle shall continue to be detailed to DTS-PO 
after that date, upon request. 
SEC. 323. DIPLOMATIC TELECOMMUNICATIONS SERVICE OVERSIGHT 
22 USC 7303. 
BOARD. 
(a) OVERSIGHT BOARD ESTABLISHED.— 
(1) IN GENERAL.—^There is hereby established the Diplo-
matic Telecommunications Service Oversight Board (hereinafter 
in this subtitle referred to as the "Board") as an instrumentality 
of the United States with the powers and authorities herein 
provided. 
(2) STATUS.—^The Board shall oversee and monitor the oper-
ations of DTS-PO and shall be accountable for the duties 
assigned to DTS-PO under this subtitle. 
114 STAT. 2846 
PUBLIC LAW 106-567—DEC. 27, 2000 
(3) MEMBERSHIP.— 
(A) IN GENERAL.—^The Board shall consist of three 
members as follows: 
(i) The Deputy Director of the Office of Manage-
ment and Budget. 
President. 
(ii) Two members to be appointed by the President. 
(B) CHAIRPERSON.—^The chairperson of the Board shall 
be the Deputy Director of the Office of Management and 
Budget. 
(C) TERMS.—^Members of the Board appointed by the 
President shall serve at the pleasure of the President. 
(D) QUORUM REQUIRED.—A quorum shall consist of 
all members of the Board and all decisions of the Board 
shall require a majority vote. 
(4) PROHIBITION ON COMPENSATION.—^Members of the Board 
may not receive additional pay, allowances, or benefits by rea-
son of their service on the Board. 
(5) DUTIES AND AUTHORITIES.—^The Board shall have the 
following duties and authorities with respect to DTS-PO: 
(A) To review and approve overall strategies, policies, 
and goals established by DTS-PO for its activities. 
(B) To review and approve financial plans, budgets, 
and periodic financing requests developed by DTS-PO. 
(C) To review the overall performance of DTS-PO on 
a periodic basis, including its work, management activities, 
and internal controls, and the performance of DTS-PO rel-
ative to approved budget plans. 
(D) To require from DTS-PO any reports, documents, 
and records the Board considers necessary to carry out 
its oversight responsibilities. 
(E) To evaluate audits of DTS-PO. 
(6) LIMITATION ON AUTHORITY.—The CEO shall have the 
authority, without any prior review or approval by the Board, 
to make such determinations as the CEO considers appropriate 
and take such actions as the CEO considers appropriate with 
respect to the day-to-day management and operation of DTS-
PO and to carry out the reforms of DTS-PO authorized by 
section 305 of the Admiral James W. Nance and Meg Donovan 
Foreign Relations Authorization Act, Fiscal Years 2000 and 
2001 (section 305 of appendix G of Public Law 106-113). 
22 use 7304. 
SEC. 324. GENERAL PROVISIOI^S. 
Deadline. 
(a) REPORT TO CONGRESS.—^Not later than March 1, 2001, the 
Director of the Office of Management and Budget shall submit 
to the appropriate congressional committees of jurisdiction a report 
which includes the following elements with respect to DTS-PO: 
(1) Clarification of the process for the CEO to report to 
the Board. 
(2) Details of the CEO's duties and responsibilities. 
(3) Details of the compensation package for the CEO and 
other employees of DTS-PO. 
(4) Recommendations to the Overseas Security Policy Board 
(OSPB) for updates. 
(5) Security standards for information technology. 
(6) The upgrade precedence plan for overseas posts with 
national security interests. 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2847 
(7) A spending plan for the additional funds provided for 
the operation and improvement of DTS for fiscal year 2001. 
(b) NOTIFICATION REQUIREMENTS.—^The notification require- Applicability, 
ments of sections 502 and 505 of the National Security Act of 
1947 shall apply to DTS-PO and the Board. 
(c) PROCUREMENT AUTHORITY OF DTS-PO.—^The procurement 
authorities of any of the users of DTS shall be available to the 
DTS-PO. 
(d) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES 
OF JURISDICTION.—^As used in this subtitle, the term "appropriate 
congressional committees of jurisdiction" means the Committee on 
Appropriations, the Committee on Foreign Relations, and the Select 
Committee on Intelligence of the Senate and the Committee on 
Appropriations, the Committee on International Relations, and the 
Permanent Select Committee on Intelligence of the House of Rep-
resentatives. 
(e) STATUTORY CONSTRUCTION.—^Nothing in this subtitle shall 
be construed to negate or to reduce the statutory obligations of 
any United States department or agency head. 
(f) AUTHORIZATION OF APPROPRIATIONS FOR DTS-PO.—^For each 
of the fiscal years 2002 through 2006, there are authorized to 
be appropriated directly to DTS-PO such sums as may be necessary 
to carry out the management, oversight, and security requirements 
of this subtitle. 
TITLE IV—CENTRAL INTELLIGENCE 
AGENCY 
SEC. 401. MODIFICATIONS TO CENTRAL INTELUGENCE AGENCY'S CEN-
TRAL SERVICES PROGRAM. 
(a) DEPOSITS IN CENTRAL SERVICES WORKING CAPITAL FUND.— 
Subsection (c)(2) of section 21 of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 403u(c)(2)) is amended— 
(1) by redesignating subparagraph (F) as subparagraph 
(H); and 
(2) by inserting after subparagraph (E) the following new 
subparagraphs: 
"(F) Receipts from individuals in reimbursement for utility 
services and meals provided under the program. 
"(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 Agencjr" after 
"depreciation of plant and equipment". 
(c) FINANCIAL STATEMENTS OF PROGRAM.—Subsection (g)(2) of 
that section is amended in the first sentence by striking "annual 
audits under paragraph (1)" and inserting the following: "financial 
statements to be prepared with respect to the program. Office 
of Management and Budget guidance shall also determine the proce-
dures for conducting annual audits under paragraph (1).". 
SEC. 402. TECHNICAL CORRECTIONS. 
(a) 
CLARIFICATION 
REGARDING 
REPORTS 
ON EXERCISE 
OF 
AUTHORITY.—Section 17 of the Central Intelligence Agency Act 
of 1949 (50 U.S.C. 403q) is amended— 
79-194 O - 00 - 27 : QL 3 Part 5 
114 STAT. 2848 
PUBLIC LAW 106-567—DEC. 27, 2000 
(1) in subsection (d)(1), by striking subparagraph (E) and 
inserting the following new subparagraph (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 subparagraph (E). 
(b) TERMINOLOGY WITH RESPECT TO GOVERNMENT AGENCIES.— 
Section 17(e)(8) of such Act (50 U.S.C. 403q(e)(8)) is amended by 
striking "Federal" each place it appears and inserting "Govern-
ment". 
SEC. 403. 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 following: 
"(B) an investigation, inspection, or audit carried 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 Senate, 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 Intelligence; 
"(IV) Deputy Director for Administration; 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 official described or referred to 
in subparagraph (B); 
"(D) the Inspector General receives notice from the Depart-
ment of Justice declining or approving prosecution of possible 
criminal conduct of any of the officials described in subpara-
graph (B); or 
Notification. 
"(E) the Inspector General, after exhausting all possible 
alternatives, is unable to obtain significant 
documentary 
information in the course of an investigation, 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 RECONNAIS-
SANCE 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 
50 use 403v. 
"SEC. 22. The Director may— 
"(1) detail any personnel of the Agency on a reimbursable 
basis indefinitely to the National Reconnaissance Office without 
regard to any limitation under law on the duration of details 
of Federal Government personnel; and 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2849 
"(2) hire personnel for the purpose of any detail under 
paragraph (1).". 
SEC. 405. TRANSFERS OF FUNDS TO OTHER AGENCIES FOR ACQIHSI-
TION OF LAND. 
(a) IN GENERAL.—Section 5 of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 403f) is amended by adding at the end 
the following new subsection: 
"(c) TRANSFERS FOR ACQUISITION OF LAND.—(1) Sums appro-
priated or otherwise made available to the Agency for the acquisi-
tion 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 Reports. 
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 section is fur-
ther amended— 
(1) in subsection (a), by inserting "IN GENERAL.—" 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 
50 use 403f 
Intelligence Agency Act of 1949, as added by subsection (a) of note. 
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. E U G I B I U T Y OF ADDITIONAL EMPLOYEES FOR REIMBURSE- 
5 USC prec. 5941 
MENT FOR PROFESSIONAL LIABILITY INSURANCE. 
note. 
(a) IN GENERAL.—Notwithstanding any provision of title VI, 
section 636 of the Treasury, Postal Service, and General Grovem-
ment 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 Director to 
reimburse employees within categories so designated for one-
half of the costs incurred by such employees for professional 
liability insurance in accordance 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 Intelligence of the House of Rep-
resentatives 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. 
114 STAT. 2850 
PUBLIC LAW 106-567—DEC. 27, 2000 
TITLE V—DEPARTMENT OF DEFENSE 
INTELLIGENCE ACTIVITIES 
50 use 403-5 
note. 
Deadline. 
Deadline. 
SEC. 501. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN EXPERI-
MENTAL PERSONNEL 
PROGRAM FOR CERTAIN 
SCI-
ENTIFIC AND TECHNICAL PERSONNEL. 
If the Director of Central Intelligence requests that the Sec-
retary of Defense exercise any authority available to the 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 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. 502. 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 organization of measurement and signature 
intelligence, including— 
(1) the option of establishing a centralized tasking, proc-
essing, 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 Director and 
the Secretary shall jointly submit to the appropriate committees 
of Congress a report on their findings as a result of the study 
required by subsection (a). The report shall set forth any rec-
ommendations that the Director and the Secretary consider appro-
priate. 
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section, the term "appropriate committees of Congress" means the 
following: 
(1) The Committee on Armed Services and the Select Com-
mittee on Intelligence of the Senate. 
(2) The Committee on Armed Services and the Permanent 
Select Committee on Intelligence of the House of Representa-
tives. 
Counter-
intelligence 
Reform Act of 
2000. 
50 use 1801 
note. 
TITLE VI—COUNTERINTELLIGENCE 
MATTERS 
SEC. 601. SHORT TITLE. 
This title may be cited as the 
Act of 2000". 
'Counterintelligence Reform 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2851 
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 Notice. 
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): 
114 STAT. 2852 
PUBLIC LAW 106-567—DEC. 27, 2000 
"(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. 
Notice. 
"(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.". 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2853 
(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 MECHAMSMS FOR DETERMINATIONS OF DISCLO- 
50 use 1
8
O
6 
SURE OF INFORMATION FOR LAW ENFORCEMENT PURPOSES.—(1) The note. 
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— 
114 STAT. 2854 
PUBLIC LAW 106-567—DEC. 27, 2000 
"(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 
Notification. 
"(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): 
Notification. 
"(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. 
Reports. 
(2)(A) The Attorney General shall submit to the committees 
of Congress specified in subparagraph (B) an annual report on 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2855 
the manner in which the funds authorized to be appropriated by 
subsection (a) for the Office of IntelHgence PoUcy and Review will 
be used by that Office— 
(i) to improve and strengthen its oversight of Federal 
Bureau of Investigation field offices in the implementation of 
orders under the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.); and 
(ii) to streamline and increase the efficiency of the applica-
tion process under that Act. 
(B) The committees of Congress referred to in this subparagraph 
are the following: 
(i) The Select Committee on Intelligence and the Committee 
on the Judiciary of the Senate. 
(ii) The Permanent Select Committee on Intelligence and 
the Committee on the Judiciary of the House of Representa-
tives. 
(3) In addition to the report required by paragraph (2), the 
Attorney General shall also submit to the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee 
on Intelligence of the House of Representatives a report that 
addresses the issues identified in the semiannual report of the 
Attorney General to such committees under section 108(a) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)) 
that was submitted in April 2000, including any corrective actions 
with regard to such issues. The report under this paragraph shall 
be submitted in classified form. 
(4) Funds made available pursuant to subsection (a), in any 
fiscal year, shall remain available until expended. 
(c) REPORT ON COORDINATING NATIONAL SECURITY AND INTEL-
LIGENCE FUNCTIONS WITHIN THE DEPARTMENT OF JUSTICE.—^The 
Attorney General shall report to the committees of Congress speci-
fied 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 national secu-
rity issues; 
(2) centralize a point-of-contact within the Department on 
national security matters for external entities and agencies; 
and 
(3) coordinate the dissemination of intelligence information 
within the appropriate components of the Department and the 
formulation of policy on national security issues. 
SEC. 
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: 
Reports. 
Classified 
information. 
Deadline. 
"COORDINATION REQUIREMENTS RELATING TO THE PROSECUTION OF 
CASES INVOLVING CLASSIFIED INFORMATION 
"SEC. 9A. (a) BRIEFINGS REQUIRED.—^The Assistant Attorney 
General for the Criminal Division and the appropriate United States 
attorney, or the designees of such officials, shall provide briefings 
to the senior agency official, or the designee of such official, with 
respect to any case involving classified information that originated 
in the agency of such senior agency official. 
18 u s e app. 9A. 
114 STAT. 2856 
PUBLIC LAW 106-567—DEC. 27, 2000 
50 u s e 1801 
note. 
Public Interest 
Declassification 
Act of 2000. 
Records. 
Reports. 
50 u s e 435 note. 
"(b) TIMING OF BRIEFINGS.—Briefings under subsection (a) with 
respect to a case shall occur— 
"(1) as soon as practicable after the Department of Justice 
and the United States attorney concerned determine that a 
prosecution or potential prosecution could result; and 
"(2) at such other times thereafter as are necessary to 
keep the senior agency official concerned fully and currently 
informed of the status of the prosecution. 
"(c) SENIOR AGENCY OFFICIAL DEFINED.—In this section, the 
term 'senior agency official' has the meaning given that term in 
section 1.1 of Executive Order No. 12958.". 
SEC. 608. SEVERABILITY. 
If any provision of this title (including an amendment made 
by this title), or the application thereof, to any person or cir-
cumstance, 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 Declassification 
Act of 2000". 
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 spe-
cific subjects of extraordinary public interest that do not under-
mine the national security interests of the United States may 
be collected, retained, reviewed, and disseminated to Congress, 
policymakers in the executive branch, and the public. 
(2) Ensuring, through such measures, public access to 
information that does not require continued protection to main-
tain 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. 703. PUBUC 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: 
(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, collec-
tion, review for declassification, and release to Congress, 
interested agencies, and the public of declassified records and 
materials (including donated historical materials) that are of 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2857 
archival value, including records and materials of extraordinary 
public interest. 
(2) To promote the fullest possible public access to a thor-
ough, accurate, and reliable documentary record of significant 
United States national security decisions and significant United 
States national security activities in order to— 
(A) support the oversight and legislative functions of 
Congress; 
(B) support the polic3nnaking role of the executive 
branch; 
(C) respond to the interest of the public in national 
security matters; and 
(D) promote reliable historical analysis and new ave-
nues of historical study in national security matters. 
(3) To provide recommendations to the President for the 
identification, collection, and review for declassification 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 established or may be established by the President 
by Executive 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 classification and declassification of national 
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, for-
eign policy, intelligence policy, social science, law, or archives, 
including individuals who have served in Congress or otherwise 
in the Federal Grovemment or have otherwise engaged in research, 
scholarship, or publication in such fields on matters relating to 
the national security of the United States, of whom— 
(A) five shall be appointed by the President; 
President. 
(B) one shall be appointed by the Speaker of the House 
of Representatives; 
(C) one shall be appointed by the majority leader of the 
Senate; 
(D) one shall be appointed by the minority leader of the 
Senate; 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 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 majority leader 
of the Senate shall be appointed for a term of 3 years. 
(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. 
114 STAT. 2858 
PUBLIC LAW 106-567—DEC. 27, 2000 
(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 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 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. 
(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 accomplish 
its mission, consistent with the availability of funds. A majority 
of the members of the Board shall constitute a quorum. 
(f) STAFF.—^Any employee of the Federal Government may be 
detailed to the Board, with the agreement of and without reimburse-
ment 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 emplojonent with the Board, 
hold appropriate security clearances for access to the classified 
records and materials to be reviewed by the Board or its staff, 
and shall follow the guidance 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 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 recog-
nized 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. 
(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 706(b), and to facilitate the advisory functions of 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2859 
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 positions at ES-1 of the 
Senior Executive Service under section 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 expenses, 
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 performance 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 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 REPORTS.—(1) The 
Board shall make available for public inspection 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 provi-
sions 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. 
(1) APPLICABILITY OF CERTAIN ADMINISTRATIVE LAWS.—^The 
provisions of the Federal Advisory Committee 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 provi-
sions of the Federal Records Act of 1950. 
SEC. 704. IDENTIFICATION, COLLECTION, AND REVIEW FOR DECLAS-
SIFICATION OF INFORMATION OF ARCHIVAL VALUE OR 
EXTRAORDINARY PUBLIC INTEREST. 
(a) BRIEFINGS ON AGENCY DECLASSIFICATION PROGRAMS.—(1) 
As requested by the Board, or by the Select Committee on Intel-
ligence of the Senate or the Permanent Select Committee on Intel-
ligence of the House of Representatives, 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 summary 
briefing and report on such agency's progress and plans in the 
declassificution of national security information. Such briefing shall 
114 STAT. 2860 
PUBLIC LAW 106-567—DEC. 27, 2000 
cover the declassification goals set by statute, regulation, or policy, 
the agenc/s progress with respect to such goals, and the agenc/s 
planned goals and priorities for its declassification activities over 
the next 2 fiscal years. Agency briefings and reports shall give 
particular attention to progress on the declassification 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 paragraph (1) 
for agencies within the Department of Defense, including the mili-
tary departments and the elements of the intelligence community, 
shall be provided on a consolidated basis. 
(B) In this paragraph, the term "elements of the intelligence 
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 DECLASSIFICATION PRO-
GRAMS.—(1) Upon reviewing and discussing declassification 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 declassification program could be improved. A 
copy of each recommendation shall also be submitted to the Assist-
ant to the President for National Security Affairs and the Director 
of the Office of Management and Budget. 
Public 
(2) Consistent with the provisions of section 703(k), the Board's 
availability. 
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 President regarding proposed initia-
tives 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 let-
ters 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 compljdng with the recommendations would have on 
agency budgets, programs, and operations. 
(G) The benefits of the recommendations. 
(H) The impact of compliance with the recommendations 
on the national security of the United States. 
PubUcation. 
(d) PRESIDENT'S DECLASSIFICATION PRIORITIES.—(1) C o n c u r r e n t 
with the submission to Congress of the 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 description of the President's declassification program and prior-
ities, together with a listing of the funds requested to implement 
that program. 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2861 
(2) Nothing in this title shall be construed to substitute 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 INFORMATION AND 
OTHER INFORMATION. 
(a) IN GENERAL.—Nothing in this title shall be construed to 
limit the authority of the head of an agency to classify information 
or to continue the classification of information 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 INTELLIGENCE.— 
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 intel-
ligence 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 exemption 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 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 informa-
tion from Congress. 
SEC. 706. STANDARDS AND PROCEDIHIES. 
(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. 
(b) LIMITATIONS ON ACCESS.—(1)(A) Except as provided in para- 
Notification. 
graph (2), if the head of an agency or the head of a Federal 
Presidential library determines it necessary to deny or restrict 
access of the Board, or of the agency 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 
shall promptly 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, covered by such notice. 
(2) In the case of a determination referred to in paragraph 
(1) with respect to a special access program created by the Secretary 
of Defense, the Director of Central Intelligence, or the head of 
any other agency, the notification of denial of access under para-
graph (1), including a description of the nature of the Board's 
request for access, shall be submitted to the Assistant to the Presi-
dent for National Security Affairs rather than to the Board. 
114 STAT. 2862 
PUBLIC LAW 106-567—DEC. 27, 2000 
(c) DISCRETION TO DISCLOSE.—^At the conclusion of a declas-
sification 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 classified, outweighs the Govern-
ment'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 declas-
sification 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 Execu-
tive order. 
(e) REPORTS.—(1)(A) Except as provided in paragraph (2), the 
Board shall annually submit to the appropriate congressional 
committees a report on the activities of the Board under this title, 
including summary information 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 congressional 
committees" means the Select Committee on Intelligence and the 
Committee on Gk)vemmental Affairs of the Senate and the Perma-
nent Select Committee on Intelligence 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 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 Appropriations 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 special access 
program created by the Director of Central 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 Com-
mittee on Intelligence of the House of Representatives. 
(C) In the case of the denial of access to a special access 
program created by the Secretary of Energy or the Adminis-
trator for Nuclear Security, to the Committees on Armed Serv-
ices and Appropriations and the Select Committee on Intel-
ligence of the Senate and to the Committees on Armed Services 
and Appropriations and the Permanent Select Committee on 
Intelligence of the House of Representatives. 
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 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2863 
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 substantive criteria or procedures for the classifica-
tion of information, 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 provisions 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 President, 
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 subparagraph (B), 
the term "agency" means the following: 
(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 classified 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 work, photograph, film, microfilm, sound recording, 
videotape, machine readable records, and other documentary 
material, regardless of physical form or characteristics, that 
has been determined pursuant to Executive order to require 
protection against unauthorized disclosure in the interests of 
the national security of the United States. 
(3) DECLASSIFICATION.—^The term "declassification" means 
the process by which records or materials that have been classi-
fied 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 Government through the National 
Archives and Records Administration under the applicable 
provisions of the Federal Records Act of 1950. 
(6) NATIONAL SECURITY.—^The term "national security" 
means the national defense or foreign relations of the United 
States. 
114 STAT. 2864 
PUBLIC LAW 106-567—DEC. 27, 2000 
Japanese 
Imperial 
Government 
Disclosure Act of 
2000. 
Classified 
information. 
Records. 
Reports. 
5 u s e 552 note. 
(7) 
RECORDS OR MATERIALS OF EXTRAORDINARY PUBLIC 
INTEREST.—^The term "records or materials of extraordinary 
public interest" means records or materials that— 
(A) demonstrate and record the national security poli-
cies, actions, and decisions of the United States, including— 
(i) policies, events, actions, and decisions which 
led to significant national security 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 materials publicly available 
in other historical sources; and 
(C) would need to be addressed through ad hoc record 
searches outside any systematic declassification program 
established under Executive 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 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 INFORMA-
TION ON JAPANESE IMPERIAL GOV-
ERNMENT 
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. 
(2) INTERAGENCY GROUP.—The term "Interagency Group" 
means the Nazi War Crimes and Japanese Imperial Govern-
ment Records Interagency Working Group established under 
subsection (b). 
(3) JAPANESE IMPERIAL GOVERNMENT RECORDS.—^The term 
"Japanese Imperial Government records" means classified 
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 believe ordered, incited, assisted, 
or otherwise participated in the experimentation on, and 
persecution of, any person because of race, religion, national 
origin, or political opinion, during the period beginning Sep-
tember 18, 1931, and ending on December 31, 1948, under 
the direction of, or in association with— 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2865 
(A) the Japanese Imperial Government; 
(B) any government in any area occupied by the mili-
tary forces of the Japanese Imperial Government; 
(C) any government established with the assistance 
or cooperation of the Japanese Imperial Government; or 
(D) any government which was an ally of the Japanese 
Imperial Government. 
(4) RECORD.—The term "record" means a Japanese Imperial 
Government 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 designate 
the Working Group established under the Nazi War Crimes 
Disclosure Act (Pubhc Law 105-246; 5 U.S.C. 552 note) to 
also carry out the purposes of this title with respect to Japanese 
Imperial Government records, and that Working Group shall 
remain in existence for 3 years after the date on which this 
title takes effect. Such Working Group is redesignated as the 
"Nazi War Crimes and Japanese Imperial Government Records 
Interagency Working Group". 
(2) MEMBERSHIP.—Section 2(b)(2) of such Act is amended 
by striking "3 other persons" and inserting "4 other persons 
who shall be members of the public, of whom 3 shall be persons 
appointed under the provisions of this Act in effect on October 
8, 1998.". 
(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 803— 
(1) locate, identify, inventory, recommend for declassifica-
tion, and make available to the public at the National Archives 
and Records Administration, all classified Japanese Imperial 
Government records of the United States; 
(2) coordinate with agencies and take such actions as nec-
essary to expedite the release of such records to the public; 
and 
(3) submit a report to Congress, including the Committee 
on Government Reform and the Permanent Select Committee 
on Intelligence of the House of Representatives, and the Com-
mittee on the Judiciary and the Select Committee on Intel-
ligence of the Senate, describing 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 
sums as may be necessary to carry out the provisions of this 
title. 
SEC. 803. REQUIREMENT OF DISCLOSURE OF RECORDS. 
(a) RELEASE OF RECORDS.—Subject to subsections (b), (c), and 
(d), the Japanese Imperial Government Records 
Interagency 
Working Group shall release in their entirety Japanese Imperial 
(Government records. 
(b) EXEMPTIONS.—^An agency head may exempt from release 
under subsection (a) specific information, that would— 
(1) constitute an unwarranted invasion of personal privacy; 
(2) reveal the identity of a confidential human source, 
or reveal information about an intelligence source or method 
when the unauthorized disclosure of that source or method 
Deadline. 
President. 
Deadline. 
Public 
availability. 
114 STAT. 2866 
PUBLIC LAW 106-567—DEC. 27, 2000 
would damage the national security interests of the United 
States; 
(3) reveal information that would assist in the development 
or use of weapons of m4ss destruction; 
(4) reveal information that would impair United States 
cryptologic systems or Activities; 
(5) reveal information that would impair the application 
of state-of-the-art technology within a United States weapon 
system; 
(6) reveal United States military war plans that remain 
in effect; 
(7) reveal information that would impair relations between 
the United States and a foreign government, or undermine 
ongoing diplomatic activities of the United States; 
(8) reveal information that would impair the current ability 
of United States Government officials to protect the President, 
Vice President, and other officials for whom protection services 
are authorized in the interest of national security; 
(9) reveal information that would impair current national 
security emergency preparedness plans; or 
(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 interest will be served by disclo-
sure and release of the records of the Japanese Imperial 
Government. The exemption 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 jurisdiction, including the Com-
mittee on the Judiciary and the Select Committee on Intel-
ligence of the Senate and the Committee on Government Reform 
and the Permanent Select Committee on Intelligence 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. 
(d) RECORDS RELATED TO INVESTIGATIONS OR PROSECUTIONS.— 
This section shall not apply to records— 
(1) related to or supporting any active or inactive investiga-
tion, inquiry, or prosecution by the Office of Special Investiga-
tions of the Department of Justice; or 
(2) solely in the possession, custody, or control of the Office 
of Special Investigations. 
SEC. 804. EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE 
IMPERIAL GOVERNMENT 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 802(a)(3) and who requests 
a Japanese Imperial Government record shall be deemed to have 
a compelling need for such record. 
PUBLIC LAW 106-567—DEC. 27, 2000 
114 STAT. 2867 
SEC. 805. 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. 
Approved December 27, 2000. 
LEGISLATIVE HISTORY—H.R. 5630 (H.R. 4392): 
HOUSE REPORTS: Nos. 106-620 accompanying H.R. 4392 (Comm on Intelligence) 
and 106-969 accompanying H.R. 4392 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Nov. 13, considered and passed House. 
Dec. 6, considered and passed Senate, amended. 
Dec. 11, House concvured in Senate amendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 36 (2000): 
Dec. 27, Presidential statement.