Congressional Record: October 2, 2000 (Senate)
Page S9577-S9595

                     
 
          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2001

[...]

  Mr. LOTT. Mr. President, I ask unanimous consent that the bill be 
read the third time and the Senate proceed to the consideration of H.R. 
4392. Further, I ask unanimous consent that all after the enacting 
clause be stricken and the text of S. 2507, as amended, be inserted in 
lieu thereof, the bill be read the third time and passed, the Senate 
insist on its amendment, request a conference with the House, and the 
Chair be authorized to appoint conferees on the part of the Senate. 
Finally, I ask unanimous consent that S. 2507 be placed back on the 
calendar.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 2507), as amended, was read the third time.
  The bill (H.R. 4392), as amended, was read the third time and passed, 
as follows:

       Resolved, That the bill from the House of Representatives 
     (H.R. 4392) entitled ``An Act to authorize appropriations for 
     fiscal year 2001 for intelligence and intelligence-related 
     activities of the United States Government, the Community 
     Management Account, and the Central Intelligence Agency 
     Retirement and Disability System, and for other purposes.'', 
     do pass with the following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Intelligence Authorization Act for Fiscal Year 2001''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                     TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
              law.

[[Page S9584]]

Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Prohibition on unauthorized disclosure of classified 
              information.
Sec. 304. POW/MIA analytic capability within the intelligence 
              community.
Sec. 305. Applicability to lawful United States intelligence activities 
              of Federal laws implementing international treaties and 
              agreements.
Sec. 306. Limitation on handling, retention, and storage of certain 
              classified materials by the Department of State.
Sec. 307. Clarification of standing of United States citizens to 
              challenge certain blocking of assets.
Sec. 308. Availability of certain funds for administrative costs of 
              Counterdrug Intelligence Executive Secretariat.
Sec. 309. Designation of Daniel Patrick Moynihan Place.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Expansion of Inspector General actions requiring a report to 
              Congress.
Sec. 402. Subpoena authority of the Inspector General.
Sec. 403. Improvement and extension of central services program.
Sec. 404. Details of employees to the National Reconnaissance Office.
Sec. 405. Transfers of funds to other agencies for acquisition of land.
Sec. 406. Eligibility of additional employees for reimbursement for 
              professional liability insurance.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Two-year extension of authority to engage in commercial 
              activities as security for intelligence collection 
              activities.
Sec. 502. Role of Director of Central Intelligence in experimental 
              personnel program for certain scientific and technical 
              personnel.
Sec. 503. Prohibition on transfer of imagery analysts from General 
              Defense Intelligence Program to National Imagery and 
              Mapping Agency Program.
Sec. 504. Prohibition on transfer of collection management personnel 
              from General Defense Intelligence Program to Community 
              Management Account.
Sec. 505. Authorized personnel ceiling for General Defense Intelligence 
              Program.
Sec. 506. Measurement and signature intelligence.

                 TITLE VI--COUNTERINTELLIGENCE MATTERS

Sec. 601. Short title.
Sec. 602. Orders for electronic surveillance under the Foreign 
              Intelligence Surveillance 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 Surveillance Act of 1978 for law enforcement 
              purposes.
Sec. 605. Coordination of counterintelligence with the Federal Bureau 
              of Investigation.
Sec. 606. Enhancing protection of national security at the Department 
              of Justice.
Sec. 607. Coordination requirements relating to the prosecution of 
              cases involving classified information.
Sec. 608. Severability.

     TITLE VII--DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL ARMY

Sec. 701. Short title.
Sec. 702. Establishment of Japanese Imperial Army Records Interagency 
              Working Group.
Sec. 703. Requirement of disclosure of records.
Sec. 704. Expedited processing of FOIA requests for Japanese Imperial 
              Army records.
Sec. 705. Effective date.

              TITLE VIII--DECLASSIFICATION OF INFORMATION

Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Public Interest Declassification Board.
Sec. 804. Identification, collection, and review for declassification 
              of information of archival value or extraordinary public 
              interest.
Sec. 805. Protection of national security information and other 
              information.
Sec. 806. Standards and procedures.
Sec. 807. Judicial review.
Sec. 808. Funding.
Sec. 809. Definitions.
Sec. 810. Sunset.

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations for Fiscal Year 2001.--
     Funds are hereby authorized to be appropriated for fiscal 
     year 2001 for the conduct of the intelligence and 
     intelligence-related activities of the following elements of 
     the United States Government:
       (1) The Central Intelligence Agency.
       (2) The Department of Defense.
       (3) The Defense Intelligence Agency.
       (4) The National Security Agency.
       (5) The National Reconnaissance Office.
       (6) The National Imagery and Mapping Agency.
       (7) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (8) The Department of State.
       (9) The Department of the Treasury.
       (10) The Department of Energy.
       (11) The Federal Bureau of Investigation.
       (b) Authorization of Appropriations for Certain Elements 
     for Fiscal Years 2002 Through 2005.--Funds are hereby 
     authorized to be appropriated for each of fiscal years 2002 
     through 2005 for the conduct in each such fiscal year of the 
     intelligence and intelligence-related activities of the 
     following elements of the United States Government:
       (1) The Central Intelligence Agency.
       (2) The Defense Intelligence Agency.
       (3) The National Security Agency.
       (4) The National Reconnaissance Office.

      SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts and Personnel Ceilings.--The 
     amounts authorized to be appropriated under section 101, and 
     the authorized personnel ceilings as of September 30, 2001, 
     for the conduct of the intelligence and intelligence-related 
     activities of the elements listed in such section, are those 
     specified in the classified Schedule of Authorizations 
     prepared to accompany the conference report on the bill 
     ________ of the One Hundred Sixth Congress.
       (b) Availability of Classified Schedule of 
     Authorizations.--The Schedule of Authorizations shall be made 
     available to the Committees on Appropriations of the Senate 
     and House of Representatives and to the President. The 
     President shall provide for suitable distribution of the 
     Schedule, or of appropriate portions of the Schedule, within 
     the Executive Branch.

     SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

       (a) Authority for Adjustments.--With the approval of the 
     Director of the Office of Management and Budget, the Director 
     of Central Intelligence may authorize employment of civilian 
     personnel in excess of the number authorized for fiscal year 
     2001 under section 102 when the Director of Central 
     Intelligence determines that such action is necessary to the 
     performance of important intelligence functions, except that 
     the number of personnel employed in excess of the number 
     authorized under such section may not, for any element of the 
     intelligence community, exceed two percent of the number of 
     civilian personnel authorized under such section for such 
     element.
       (b) Notice to Intelligence Committees.--The Director of 
     Central Intelligence shall promptly notify the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives whenever the Director exercises the authority 
     granted by this section.

     SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated for 
     the Community Management Account of the Director of Central 
     Intelligence for fiscal year 2001 the sum of $232,051,000.
       (2) Availability for advanced research and development 
     committee.--Within the amount authorized to be appropriated 
     in paragraph (1), amounts identified in the classified 
     Schedule of 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 
     Intelligence are authorized a total of 618 full-time 
     personnel as of September 30, 2001. Personnel serving in such 
     elements may be permanent employees of the Community 
     Management Account element or personnel detailed from other 
     elements of the United States Government.
       (c) Classified Authorizations.--
       (1) Authorization of appropriations.--In addition to 
     amounts authorized to be appropriated for the Community 
     Management Account by subsection (a), there is also 
     authorized to be appropriated for the Community Management 
     Account for fiscal year 2001 such additional amounts as are 
     specified in the classified Schedule of Authorizations 
     referred to in section 102(a).
       (2) Authorization of personnel.--In addition to the 
     personnel authorized by subsection (b) for elements of the 
     Community Management Account as of September 30, 2001, there 
     is hereby authorized such additional personnel for such 
     elements as of that date as is specified in the classified 
     Schedule of 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 member of the Armed Forces who is detailed to the 
     staff of an element within the Community Management Account 
     from another element of the United States Government shall be 
     detailed on a reimbursable basis, except that any such 
     officer, employee, or member may be detailed on a 
     nonreimbursable basis for a period of less than one year for 
     the performance of temporary functions as required by the 
     Director of Central Intelligence.
       (e) National Drug Intelligence Center.--
       (1) In general.--Of the amount authorized to be 
     appropriated in subsection (a), $27,000,000 shall be 
     available for the National Drug Intelligence 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 
     Intelligence shall transfer to the Attorney General of the 
     United States funds available for the National Drug 
     Intelligence Center under paragraph (1). The Attorney General 
     shall utilize funds so transferred for activities of the 
     National Drug Intelligence Center.
       (3) Limitation.--Amounts available for the National Drug 
     Intelligence Center may not be

[[Page S9585]]

     used in contravention of the provisions of section 103(d)(1) 
     of the National Security Act of 1947 (50 U.S.C. 403-3(d)(1)).
       (4) Authority.--Notwithstanding any other provision of law, 
     the Attorney General shall retain full authority over the 
     operations of the National Drug Intelligence Center.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated for the Central 
     Intelligence Agency Retirement and Disability Fund for fiscal 
     year 2001 the sum of $216,000,000.

                     TITLE III--GENERAL PROVISIONS

     SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                   AUTHORIZED BY LAW.

       Appropriations authorized by this Act for salary, pay, 
     retirement, and other benefits for Federal employees may be 
     increased by such additional or supplemental amounts as may 
     be necessary for increases in such compensation or benefits 
     authorized by law.

     SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

       The authorization of appropriations by this Act shall not 
     be deemed to constitute authority for the conduct of any 
     intelligence activity which is not otherwise authorized by 
     the Constitution or the laws of the United States.

     SEC. 303. PROHIBITION ON UNAUTHORIZED DISCLOSURE OF 
                   CLASSIFIED INFORMATION.

       (a) In General.--Chapter 37 of title 18, United States 
     Code, is amended--
       (1) by redesignating section 798A as section 798B; and
       (2) by inserting after section 798 the following new 
     section 798A:

     ``Sec. 798A. Unauthorized disclosure of classified 
       information

       ``(a) Prohibition.--Whoever, being an officer or employee 
     of the United States, a former or retired officer or employee 
     of the United States, any other person with authorized access 
     to classified information, or any other person formerly with 
     authorized access to classified information, knowingly and 
     willfully discloses, or attempts to disclose, any classified 
     information acquired as a result of such person's authorized 
     access to classified information to a person (other than an 
     officer or employee of the United States) who is not 
     authorized access to such classified information, knowing 
     that the person is not authorized access to such classified 
     information, shall be fined under this title, imprisoned not 
     more than 3 years, or both.
       ``(b) Construction of Prohibition.--Nothing in this section 
     shall be construed to establish criminal liability for 
     disclosure of classified information in accordance with 
     applicable law to the following:
       ``(1) Any justice or judge of a court of the United States 
     established pursuant to article III of the Constitution of 
     the United States.
       ``(2) The Senate or House of Representatives, or any 
     committee or subcommittee thereof, or joint committee 
     thereof, or any member of Congress.
       ``(3) A person or persons acting on behalf of a foreign 
     power (including an international organization) if the 
     disclosure--
       ``(A) is made by an officer or employee of the United 
     States who has been authorized to make the disclosure; and
       ``(B) is within the scope of such officer's or employee's 
     duties.
       ``(4) Any other person authorized to receive the classified 
     information.
       ``(c) Definitions.--In this section:
       ``(1) The term `authorized', in the case of access to 
     classified information, means having authority or permission 
     to have access to the classified information pursuant to the 
     provisions of a statute, Executive Order, regulation, or 
     directive of the head of any department or agency who is 
     empowered to classify information, an order of any United 
     States court, or a provision of any Resolution of the Senate 
     or Rule of the House of Representatives which governs release 
     of classified information by such House of Congress.
       ``(2) The term `classified information' means information 
     or material properly classified and clearly marked or 
     represented, or that the person knows or has reason to 
     believe has been properly classified by appropriate 
     authorities, pursuant to the provisions of a statute or 
     Executive Order, as requiring protection against unauthorized 
     disclosure for reasons of national security.
       ``(3) The term `officer or employee of the United States' 
     means the following:
       ``(A) An officer or employee (as those terms are defined in 
     sections 2104 and 2105 of title 5).
       ``(B) An officer or enlisted member of the Armed Forces (as 
     those terms are defined in section 101(b) of title 10).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of that chapter is amended by striking the item 
     relating to section 798A and inserting the following new 
     items:

``798A. Unauthorized disclosure of classified information.
``798B. Temporary extension of section 794.''.

     SEC. 304. POW/MIA ANALYTIC CAPABILITY WITHIN THE INTELLIGENCE 
                   COMMUNITY.

       Title I of the National Security Act of 1947 (50 U.S.C. 402 
     et seq.) is amended by adding at the end the following:


                     ``pow/mia analytic capability

       ``Sec. 115. (a) Requirement.--(1) The Director of Central 
     Intelligence shall, in consultation with the Secretary of 
     Defense, establish and maintain in the intelligence community 
     an analytic capability with responsibility for intelligence 
     in support of the activities of the United States relating to 
     unaccounted for United States personnel.
       ``(2) The analytic capability maintained under paragraph 
     (1) shall be known as the `POW/MIA analytic capability of the 
     intelligence community'.
       ``(b) Scope of Responsibility.--The responsibilities of the 
     analytic capability maintained under subsection (a) shall--
       ``(1) extend to any activities of the Federal Government 
     with respect to unaccounted for United States personnel after 
     December 31, 1999; and
       ``(2) include support for any department or agency of the 
     Federal Government engaged in such activities.
       ``(c) Unaccounted for United States Personnel Defined.--In 
     this section, the term `unaccounted for United States 
     personnel' means the following:
       ``(1) Any missing person (as that term is defined in 
     section 1513(1) of title 10, United States Code).
       ``(2) Any United States national who was killed while 
     engaged in activities on behalf of the United States 
     Government and whose remains have not been repatriated to the 
     United States.''.

     SEC. 305. APPLICABILITY TO LAWFUL UNITED STATES INTELLIGENCE 
                   ACTIVITIES OF FEDERAL LAWS IMPLEMENTING 
                   INTERNATIONAL TREATIES AND AGREEMENTS.

       The National Security Act of 1947 (50 U.S.C. 401 et seq.) 
     is amended by adding at the end the following:

                        ``TITLE X--MISCELLANEOUS


  ``applicability to united states intelligence activities of federal 
        laws implementing international treaties and agreements

       ``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 international agreement shall be construed as 
     making unlawful an otherwise 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.''.

     SEC. 306. 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.
       (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.
       (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 information 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 the date on which the Director certifies 
     under subsection (a) that the covered element involved is in 
     full compliance with the directives referred to in that 
     subsection.
       (e) Waiver by Director of Central 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 determines that the waiver is in the national 
     security interests of the United States.
       (2) The Director shall submit to appropriate committees of 
     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, if any, 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 full compliance 
     of such element with such directives.
       (f) Definitions.--In this section:
       (1) The term ``appropriate committees of Congress'' means 
     the following:

[[Page S9586]]

       (A) The Select Committee on Intelligence and the Committee 
     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 
     material 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 
     classification for information in such material concerning or 
     derived from intelligence sources, methods, or analytical 
     processes that requires such information to be handled within 
     formal access control systems established by the Director of 
     Central Intelligence.

     SEC. 307. CLARIFICATION OF STANDING OF UNITED STATES CITIZENS 
                   TO CHALLENGE CERTAIN BLOCKING OF ASSETS.

       The Foreign Narcotics Kingpin Designation Act (title VIII 
     of Public Law 106-120; 113 Stat. 1626; 21 U.S.C. 1901 et 
     seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 811. STANDING OF UNITED STATES CITIZENS TO CHALLENGE 
                   BLOCKING OF ASSETS.

       ``No provision of this title shall be construed to prohibit 
     a United States citizen from raising any challenge otherwise 
     available to the United States citizen under subchapter II of 
     chapter 5 and chapter 7 of title 5, United States Code 
     (commonly referred to as the Administrative Procedure Act), 
     or any other provision of law, with respect to the blocking 
     of assets by the United States under this title.''.

     SEC. 308. AVAILABILITY OF CERTAIN FUNDS FOR ADMINISTRATIVE 
                   COSTS OF COUNTERDRUG INTELLIGENCE EXECUTIVE 
                   SECRETARIAT.

       Notwithstanding section 1346 of title 31, United States 
     Code, or section 610 of the Treasury and General Government 
     Appropriations Act, 2000 (Public Law 106-58; 113 Stat. 467), 
     funds made available for fiscal year 2000 for any department 
     or agency of the Federal Government with authority to conduct 
     counterdrug intelligence activities, including counterdrug 
     law enforcement information-gathering activities, may be 
     available to finance an appropriate share of the 
     administrative costs incurred by the Department of Justice 
     for the Counterdrug Intelligence Executive Secretariat 
     authorized by the General Counterdrug Intelligence Plan of 
     February 12, 2000.

     SEC. 309. DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE.

       (a) Findings.--Congress finds that--
       (1) during the second half of the twentieth century, 
     Senator Daniel Patrick Moynihan promoted the importance of 
     architecture 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 
     Pennsylvania 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 
     architectural 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 Moynihan'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 Moynihan Place''.
       (c) Boundaries.--The parcel of land described in this 
     subsection 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;
       (3) on the north by the southern edge of the sidewalk 
     abutting Pennsylvania Avenue; and
       (4) on the south by the line that, bisecting the atrium of 
     the Ronald Reagan Building and International Trade Center, 
     continues east to bisect the western hemicycle of the Ariel 
     Rios 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.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

     SEC. 401. EXPANSION OF INSPECTOR GENERAL ACTIONS REQUIRING A 
                   REPORT TO CONGRESS.

       Section 17(d)(3) of the Central Intelligence Agency Act of 
     1949 (50 U.S.C. 403q(d)(3)) is amended by striking all that 
     follows after subparagraph (A) and inserting the 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 becomes aware of the possible 
     criminal conduct of a current or former Agency official 
     described or referred to in subparagraph (B) through a means 
     other than an investigation, inspection, or audit and such 
     conduct is not referred to the Department of Justice; or
       ``(E) the Inspector General, after exhausting all possible 
     alternatives, is unable to obtain significant documentary 
     information in the course of an investigation, inspection, or 
     audit,

     the Inspector General shall immediately submit a report on 
     such matter to the intelligence committees.''.

     SEC. 402. SUBPOENA AUTHORITY OF THE INSPECTOR GENERAL.

       (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--
       (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) Scope of Authority.--Subsection (e)(5)(B) of that 
     section is amended by striking ``Government'' and inserting 
     ``Federal''.

     SEC. 403. IMPROVEMENT AND EXTENSION OF CENTRAL 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) 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 
     Agency'' 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 procedures for conducting annual 
     audits under paragraph (1).''.
       (d) Extension of Program.--Subsection (h)(1) of that 
     section is amended by striking ``March 31, 2002'' and 
     inserting ``March 31, 2005''.

     SEC. 404. DETAILS OF EMPLOYEES TO THE NATIONAL RECONNAISSANCE 
                   OFFICE.

       The Central Intelligence Agency Act of 1949 (50 U.S.C. 403a 
     et seq.) is amended by adding at the end the following new 
     section:


                         ``details of employees

       ``Sec. 22. The Director may--
       ``(1) detail any personnel of the Agency on a 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

[[Page S9587]]

       ``(2) hire personnel for the purpose of details under 
     paragraph (1).''.

     SEC. 405. TRANSFERS OF FUNDS TO OTHER AGENCIES FOR 
                   ACQUISITION OF LAND.

       (a) In General.--Section 8 of the Central Intelligence 
     Agency Act of 1949 (50 U.S.C. 403j) is amended by adding at 
     the end the following new subsection:
       ``(c) Transfers for Acquisition of Land.--(1) Sums 
     appropriated or otherwise made available to the Agency for 
     the acquisition of land that are transferred to another 
     department or agency for that purpose shall remain available 
     for 3 years.
       ``(2) The Director shall submit to the Select Committee on 
     Intelligence of the Senate and the Permanent Select Committee 
     on Intelligence of the House of Representatives an annual 
     report on the transfers of sums described in paragraph 
     (1).''.
       (b) Conforming Stylistic Amendments.--That section is 
     further 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 8 of the 
     Central Intelligence Agency Act of 1949, as added by 
     subsection (a) of this section, shall apply with respect to 
     amounts appropriated or otherwise made available for the 
     Central Intelligence Agency for fiscal years after fiscal 
     year 2000.

     SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOYEES FOR 
                   REIMBURSEMENT FOR PROFESSIONAL LIABILITY 
                   INSURANCE.

       (a) In General.--Notwithstanding any provision of section 
     363 of the Treasury, Postal Service, and General Government 
     Appropriations Act, 1997 (5 U.S.C. prec. 5941 note), the 
     Director of Central Intelligence may--
       (1) designate as qualified employees within the meaning of 
     subsection (b) of that section appropriate categories of 
     employees not otherwise covered by that subsection; and
       (2) use appropriated funds available to the 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 Representatives a report on each designation of a 
     category of employees under paragraph (1) of subsection (a), 
     including the approximate number of employees covered by such 
     designation and an estimate of the amount to be expended on 
     reimbursement of such employees under paragraph (2) of that 
     subsection.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

     SEC. 501. TWO-YEAR EXTENSION OF AUTHORITY TO ENGAGE IN 
                   COMMERCIAL ACTIVITIES AS SECURITY FOR 
                   INTELLIGENCE COLLECTION ACTIVITIES.

       Section 431(a) of title 10, United States Code, is amended 
     in the second sentence by striking ``December 31, 2000'' and 
     inserting ``December 31, 2002''.

     SEC. 502. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN 
                   EXPERIMENTAL PERSONNEL PROGRAM FOR CERTAIN 
                   SCIENTIFIC AND TECHNICAL PERSONNEL.

       If the Director of Central Intelligence requests that the 
     Secretary of Defense exercise any authority available to the 
     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. 503. PROHIBITION ON TRANSFER OF IMAGERY ANALYSTS FROM 
                   GENERAL DEFENSE INTELLIGENCE PROGRAM TO 
                   NATIONAL IMAGERY AND MAPPING AGENCY PROGRAM.

       (a) Prohibition on Use of Funds For Transfer.--No funds 
     authorized to be appropriated by this Act may be transferred 
     from the General Defense Intelligence Program to the National 
     Imagery and Mapping Agency Program for purposes of 
     transferring imagery analysis personnel from the General 
     Defense Intelligence Program to the National Imagery and 
     Mapping Agency Program.
       (b) Role of Director of NIMA as Functional Manager for 
     Imagery and Geospacial Programs.--(1) The Secretary of 
     Defense shall, in consultation with the Director of Central 
     Intelligence, review options for strengthening the role of 
     the Director of the National Imagery and Mapping Agency as 
     the functional manager for United States imagery and 
     geospacial programs.
       (2) Not later than March 15, 2001, the Secretary shall 
     submit to the appropriate committees of Congress a report on 
     the review required by subsection (b). The report shall 
     include any recommendations regarding modifications in the 
     role and duties of the Director of the National Imagery and 
     Mapping Agency that the Secretary considers appropriate in 
     light of the review.
       (3) In this subsection, the term ``appropriate committees 
     of Congress'' means the following:
       (A) The Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate.
       (B) The Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.

     SEC. 504. PROHIBITION ON TRANSFER OF COLLECTION MANAGEMENT 
                   PERSONNEL FROM GENERAL DEFENSE INTELLIGENCE 
                   PROGRAM TO COMMUNITY MANAGEMENT ACCOUNT.

       No funds authorized to be appropriated by this Act may be 
     transferred from the General Defense Intelligence Program to 
     the Community Management Account for purposes of transferring 
     intelligence collection management personnel.

     SEC. 505. AUTHORIZED PERSONNEL CEILING FOR GENERAL DEFENSE 
                   INTELLIGENCE PROGRAM.

       The authorized personnel ceiling for the General Defense 
     Intelligence Program specified in the classified Schedule of 
     Authorizations referred to in section 102 is hereby increased 
     by 2,152 positions.

     SEC. 506. MEASUREMENT AND SIGNATURE INTELLIGENCE.

       (a) Study of Options.--The Director of Central 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, 
     processing, exploitation, and dissemination facility for 
     measurement and signature intelligence;
       (2) options for recapitalizing and reconfiguring the 
     current systems for measurement and signature intelligence; 
     and
       (3) the operation and maintenance costs of the various 
     options.
       (b) Report.--Not later than April 1, 2001, the 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 recommendations that the Director and the Secretary 
     consider appropriate.
       (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 
     Committee on Intelligence of the Senate.
       (2) The Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.

                 TITLE VI--COUNTERINTELLIGENCE MATTERS

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Counterintelligence Reform 
     Act of 2000''.

     SEC. 602. ORDERS FOR ELECTRONIC SURVEILLANCE UNDER THE 
                   FOREIGN INTELLIGENCE 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 General shall personally review 
     under subsection (a) an application under that subsection for 
     a target described in section 101(b)(2).
       ``(B) Except when disabled or otherwise unavailable to make 
     a request referred to in subparagraph (A), an official 
     referred to in that subparagraph may not delegate the 
     authority to make a request referred to in that 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 otherwise unavailable to make such 
     request.
       ``(2)(A) If as a result of a request under paragraph (1) 
     the Attorney General determines not to approve an application 
     under the second sentence of subsection (a) for purposes of 
     making the application under this section, the Attorney 
     General shall provide written notice of the 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 determination under the 
     preceding sentence, the Attorney General may not delegate the 
     responsibility to make a determination under that sentence. 
     The Attorney General shall take appropriate actions in 
     advance to ensure that delegation of such responsibility is 
     clearly established in the event the Attorney General is 
     disabled or otherwise unavailable to make such determination.
       ``(B) Notice with respect to an application under 
     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 modifications 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 subparagraph. 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;

[[Page S9588]]

       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) In determining whether or not probable cause exists 
     for purposes of an order under subsection (a)(3), a judge may 
     consider past activities of the target, as well as facts and 
     circumstances relating to current or future activities of the 
     target.''; and
       (3) in subsection (d), as redesignated by 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 General shall personally review 
     under subsection (a) an application under that subsection for 
     a target described in section 101(b)(2).
       ``(B) Except when disabled or otherwise unavailable to make 
     a request referred to in subparagraph (A), an official 
     referred to in that subparagraph may not delegate the 
     authority to make a request referred to in that 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 otherwise unavailable to make such 
     request.
       ``(2)(A) If as a result of a request under paragraph (1) 
     the Attorney General determines not to approve an application 
     under the second sentence of subsection (a) for purposes of 
     making the application under this section, the Attorney 
     General shall provide written notice of the 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 determination under the 
     preceding sentence, the Attorney General may not delegate the 
     responsibility to make a determination under that sentence. 
     The Attorney General shall take appropriate actions in 
     advance to ensure that delegation of such responsibility is 
     clearly established in the event the Attorney General is 
     disabled or otherwise unavailable to make such determination.
       ``(B) Notice with respect to an application under 
     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 modifications 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 subparagraph. 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 304 of that Act (50 U.S.C. 
     1824) is amended--
       (1) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (f), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) In determining whether or not probable cause exists 
     for purposes of an order under subsection (a)(3), a judge may 
     consider past activities of the target, as well as facts and 
     circumstances relating to current or future activities of the 
     target.''.

     SEC. 604. DISCLOSURE OF INFORMATION ACQUIRED UNDER THE 
                   FOREIGN INTELLIGENCE 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--
        chairman of the President's Temporary Comm
       (2) by adding at the end the following new paragraph:
       ``(2) Each report under the first sentence of paragraph (1) 
     shall include a description of--
       ``(A) each criminal case in which information acquired 
     under this Act has been passed for law enforcement purposes 
     during the period covered by such report; and
       ``(B) each criminal case in which information acquired 
     under this Act has been authorized for use at trial during 
     such reporting period.''.
       (b) Report on Mechanisms for Determinations of Disclosure 
     of Information for Law Enforcement Purposes.--(1) The 
     Attorney General shall submit to the appropriate committees 
     of Congress a report on the authorities and procedures 
     utilized by the Department of Justice for determining whether 
     or not to disclose information acquired under the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.) for law enforcement purposes.
       (2) In this subsection, the term ``appropriate committees 
     of Congress'' means the following:
       (A) The Select Committee on Intelligence and the Committee 
     on the Judiciary of the Senate.
       (B) The Permanent Select Committee on Intelligence and the 
     Committee on the Judiciary of the House of Representatives.

     SEC. 605. COORDINATION OF COUNTERINTELLIGENCE WITH THE 
                   FEDERAL BUREAU OF INVESTIGATION.

       (a) Treatment of Certain Subjects of Investigation.--
     Subsection (c) of section 811 of the Intelligence 
     Authorization Act for Fiscal Year 1995 (50 U.S.C. 402a) is 
     amended--
       (1) in paragraphs (1) and (2), by striking ``paragraph 
     (3)'' and inserting ``paragraph (5)'';
       (2) by redesignating paragraphs (3), (4), (5), and (6) as 
     paragraphs (5), (6), (7), and (8), respectively;
       (3) by inserting after paragraph (2) the following new 
     paragraph (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--
       ``(i) use an assessment under subparagraph (A) as an aid in 
     determining whether, and under what circumstances, the 
     subject of an investigation under paragraph (1) should be 
     left in place for investigative purposes; and
       ``(ii) notify in writing the Director of the Federal Bureau 
     of Investigation of such determination.
       ``(C) The Director of the Federal Bureau of Investigation 
     and the head of the department or agency concerned shall 
     continue to consult, as appropriate, to review the status of 
     an investigation covered by this paragraph and to reassess, 
     as appropriate, a determination of the head of the department 
     or agency concerned to leave a subject in place for 
     investigative purposes.''; and
       (4) in paragraph (5), as so redesignated, by striking 
     ``paragraph (1) or (2)'' and inserting ``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 
     appropriate channels''; and
       (2) by inserting ``in a timely manner'' after ``are 
     consulted''.
       (c) Interference With Full Field Espionage 
     Investigations.--That subsection is further amended by 
     inserting after paragraph (3), as amended by subsection (a) 
     of this section, the following new paragraph (4):
       ``(4)(A) The Federal Bureau of Investigation shall notify 
     appropriate officials within the executive branch, 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)(i) A department or agency may not conduct a polygraph 
     examination, interrogate, or otherwise take any action that 
     is likely to alert an employee covered by a notice under 
     subparagraph (A) of an investigation described in that 
     subparagraph without prior coordination with the Federal 
     Bureau of Investigation.
       ``(ii) Any examination, interrogation, or other action 
     taken under clause (i) shall be taken in consultation with 
     the Federal Bureau of Investigation.''.

     SEC. 606. ENHANCING PROTECTION OF NATIONAL 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 Surveillance Court, participate 
     effectively in counter-espionage investigations, 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 may be obligated or expended until the 
     later of the dates on which the Attorney General submits the 
     reports required by paragraphs (2) and (3).
       (2)(A) The Attorney General shall submit to the committees 
     of Congress specified in subparagraph (B) a report on the 
     manner in which the funds authorized to be appropriated by 
     subsection (a) for the Office of Intelligence Policy and 
     Review will be used by that Office--
       (i) to improve and strengthen its oversight of Federal 
     Bureau of Investigation field offices in the implementation 
     of orders under the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.); and
       (ii) to streamline and increase the efficiency of the 
     application process under that Act.
       (B) The committees of Congress referred to in this 
     subparagraph are the following:
       (i) The Select Committee on Intelligence and the Committee 
     on the Judiciary of the Senate.
       (ii) The Permanent Select Committee on Intelligence and the 
     Committee on the Judiciary of the House of Representatives.
       (3) In addition to the report required by paragraph (2), 
     the Attorney General shall also submit to the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     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

[[Page S9589]]

     such issues. The report under this paragraph shall be 
     submitted in classified form.
       (4) Funds made available pursuant to subsection (a), in any 
     fiscal year, shall remain available until expended.
       (c) Report on Coordinating National Security and 
     Intelligence Functions Within the Department of Justice.--The 
     Attorney General shall report to the Select Committee on 
     Intelligence and the Committee on the Judiciary of the Senate 
     and the Permanent Select Committee on Intelligence and the 
     Committee on the Judiciary of the House of Representatives 
     within 120 days on actions that have been or will be taken by 
     the Department to--
       (1) promote quick and efficient responses to national 
     security 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:


   ``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.
       ``(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 
     circumstance, is held invalid, the remainder of this title 
     (including the amendments made by this title), and the 
     application thereof, to other persons or circumstances shall 
     not be affected thereby.

     TITLE VII--DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL ARMY

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Japanese Imperial Army 
     Disclosure Act''.

     SEC. 702. ESTABLISHMENT OF JAPANESE IMPERIAL ARMY RECORDS 
                   INTERAGENCY WORKING GROUP.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given such 
     term under section 551 of title 5, United States Code.
       (2) Interagency group.--The term ``Interagency Group'' 
     means the Japanese Imperial Army Records Interagency Working 
     Group established under subsection (b).
       (3) Japanese imperial army records.--The term ``Japanese 
     Imperial Army records'' means 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 and persecution of any 
     person because of race, religion, national origin, or 
     political option, during the period beginning September 18, 
     1931, and ending on December 31, 1948, under the direction 
     of, or in association with--
       (A) the Japanese Imperial Army;
       (B) any government in any area occupied by the military 
     forces of the Japanese Imperial Army;
       (C) any government established with the assistance or 
     cooperation of the Japanese Imperial Army; or
       (D) any government which was an ally of the Imperial Army 
     of Japan.
       (4) Record.--The term ``record'' means a Japanese Imperial 
     Army record.
       (b) Establishment of Interagency Group.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the President shall establish the 
     Japanese Imperial Army Records Interagency Working Group, 
     which shall remain in existence for 3 years after the date 
     the Interagency Group is established.
       (2) Membership.--The President shall appoint to the 
     Interagency Group individuals whom the President determines 
     will most completely and effectively carry out the functions 
     of the Interagency Group within the time limitations provided 
     in this section, including the Historian of the Department of 
     State, the Archivist of the United States, the head of any 
     other agency the President considers appropriate, and no more 
     than 3 other persons. The head of an agency appointed by the 
     President may designate an appropriate officer to serve on 
     the Interagency Group in lieu of the head of such agency.
       (3) Initial meeting.--Not later than 90 days after the date 
     of the enactment of this Act, the Interagency Group shall 
     hold an initial meeting and begin the functions required 
     under this section.
       (c) Functions.--Not later than 1 year after the date of the 
     enactment of this Act, the Interagency Group shall, to the 
     greatest extent possible consistent with section 703--
       (1) locate, identify, inventory, recommend for 
     declassification, and make available to the public at the 
     National Archives and Records Administration, all classified 
     Japanese Imperial Army records of the United States;
       (2) coordinate with agencies and take such actions as 
     necessary to expedite the release of such records to the 
     public; and
       (3) submit a report to Congress, including the Committee on 
     Government Reform and Oversight of the House of 
     Representatives, the Select Committee on Intelligence of the 
     Senate, the Permanent Select Committee on Intelligence of the 
     House of Representatives, and the Committee on the Judiciary 
     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 
     sum as may be necessary to carry out the provisions of this 
     title.

     SEC. 703. REQUIREMENT OF DISCLOSURE OF RECORDS.

       (a) Release of Records.--Subject to subsections (b), (c), 
     and (d), the Japanese Imperial Army Records Interagency 
     Working Group shall release in their entirety Japanese 
     Imperial Army records.
       (b) Exception for Privacy.--An agency head may exempt from 
     release under subsection (a) specific information, that 
     would--
       (1) constitute a clearly unwarranted invasion of personal 
     privacy;
       (2) reveal the identity of a confidential human source, or 
     reveal information about the application of an intelligence 
     source or method, or reveal the identity of a human 
     intelligence source when the unauthorized disclosure of that 
     source would clearly and demonstrably damage the national 
     security interests of the United States;
       (3) reveal information that would assist in the development 
     or use of weapons of mass destruction;
       (4) reveal information that would impair United States 
     cryptologic systems or activities;
       (5) reveal information that would impair the application of 
     state-of-the-art technology within a United States weapon 
     system;
       (6) reveal actual United States military war plans that 
     remain in effect;
       (7) reveal information that would seriously and 
     demonstrably impair relations between the United States and a 
     foreign government, or seriously and demonstrably undermine 
     ongoing diplomatic activities of the United States;
       (8) reveal information that would clearly, and demonstrably 
     impair the current ability of United States Government 
     officials to protect the President, Vice President, and other 
     officials for whom protection services are authorized in the 
     interest of national security;
       (9) reveal information that would seriously and 
     demonstrably 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 
     disclosure and release of the records of the Japanese 
     Imperial Army. 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 Committee on the Judiciary and the Select 
     Committee on Intelligence of the Senate and the Committee on 
     Government Reform and Oversight 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) Limitation on Exemptions.--
       (1) In general.--The exemptions set forth in subsection (b) 
     shall constitute the only grounds pursuant to which an agency 
     head may exempt records otherwise subject to release under 
     subsection (a).
       (2) Records related to investigation or prosecutions.--This 
     section shall not apply to records--
       (A) related to or supporting any active or inactive 
     investigation, inquiry, or prosecution by the Office of 
     Special Investigations of the Department of Justice; or
       (B) solely in the possession, custody, or control of the 
     Office of Special Investigations.

     SEC. 704. EXPEDITED PROCESSING OF FOIA REQUESTS FOR JAPANESE 
                   IMPERIAL ARMY RECORDS.

       For purposes of expedited processing under section 
     552(a)(6)(E) of title 5, United States Code, any person who 
     was persecuted in the manner described in section 702(a)(3) 
     and who requests a Japanese Imperial Army record shall be 
     deemed to have a compelling need for such record.

     SEC. 705. EFFECTIVE DATE.

       The provisions of this title shall take effect on the date 
     that is 90 days after the date of the enactment of this Act.

              TITLE VIII--DECLASSIFICATION OF INFORMATION

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Public Interest 
     Declassification Act of 2000''.

     SEC. 802. FINDINGS.

       Congress makes the following findings:

[[Page S9590]]

       (1) It is in the national interest to establish an 
     effective, coordinated, and cost-effective means by which 
     records on specific subjects of extraordinary public interest 
     that do not undermine the national security interests of the 
     United States may be 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 
     maintain the national security interests of the United States 
     is a key to striking the balance between secrecy essential to 
     national security and the openness that is central to the 
     proper functioning of the political institutions of the 
     United States.

     SEC. 803. PUBLIC INTEREST DECLASSIFICATION BOARD.

       (a) Establishment.--There is established within the 
     executive branch of the United States a board to be known 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, collection, review for declassification, and 
     release to Congress, interested agencies, and the public of 
     declassified records and materials (including donated 
     historical materials) that are of archival value, including 
     records and materials of extraordinary public interest.
       (2) To promote the fullest possible public access to a 
     thorough, accurate, and reliable documentary record of 
     significant United States national security decisions and 
     significant United States national security activities in 
     order to--
       (A) support the oversight and legislative functions of 
     Congress;
       (B) support the policymaking role of the executive branch;
       (C) respond to the interest of the public in national 
     security matters; and
       (D) promote reliable historical analysis and new avenues 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, foreign policy, intelligence policy, social 
     science, law, or archives, including individuals who have 
     served in Congress or otherwise in the Federal Government or 
     have otherwise engaged in research, scholarship, or 
     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;
       (B) one shall be appointed by the Majority Leader of the 
     Senate;
       (C) one shall be appointed by the Minority Leader of the 
     Senate;
       (D) one shall be appointed by the Speaker of the House of 
     Representatives; and
       (E) one shall be appointed by the Minority Leader of the 
     House of Representatives.
       (2)(A) Of the members initially appointed to the Board, 
     three shall be appointed for a term of four years, three 
     shall be appointed for a term of three years, and three shall 
     be appointed for a term of two years.
       (B) Any subsequent appointment to the Board shall be for a 
     term of three years.
       (3) A vacancy in the Board shall be filled in the same 
     manner as the original appointment. A member of the Board 
     appointed to fill a vacancy before the expiration of a term 
     shall serve for the remainder of the term.
       (4) A member of the Board may be appointed to a new term on 
     the Board upon the expiration of the member's term on the 
     Board, except that no member may serve more than three full 
     terms on the Board.
       (d) Chairperson; Executive Secretary.--(1)(A) The President 
     shall designate one of the members of the Board as the 
     Chairperson of the Board.
       (B) The term of service as Chairperson of the Board shall 
     be two years.
       (C) A member serving as Chairperson of the Board may be re-
     designated as Chairperson of the Board upon the expiration of 
     the member's term as Chairperson of the Board, except that no 
     member shall serve as Chairperson of the Board for more than 
     six years.
       (2) The Director of the Information Security Oversight 
     Office shall serve as the Executive Secretary of the Board.
       (e) Meetings.--The Board shall meet as needed to 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 
     reimbursement to the detailing agency, and such detail shall 
     be without interruption or loss of civil, military, or 
     foreign service status or privilege.
       (g) Security.--(1) The members and staff of the Board 
     shall, as a condition of appointment to or employment 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 
     agency directives.
       (2) The head of an agency shall, as a condition of granting 
     access to a member of the Board, the Executive Secretary of 
     the Board, or a member of the staff of the Board to 
     classified records or materials of the agency under this 
     title, require the member, the Executive Secretary, or the 
     member of the staff, as the case may be, to--
       (A) execute an agreement regarding the security of such 
     records or materials that is approved by the head of the 
     agency; and
       (B) hold an appropriate security clearance granted or 
     recognized under the standard procedures and eligibility 
     criteria of the agency, including any special access approval 
     required for access to such records or materials.
       (3) The members of the Board, the Executive Secretary of 
     the Board, and the members of the staff of the Board may not 
     use any information acquired in the course of their official 
     activities on the Board for nonofficial purposes.
       (4) For purposes of any law or regulation governing access 
     to classified information that pertains to the national 
     security of the United States, and subject to any limitations 
     on access arising under section 806(b), and to facilitate the 
     advisory functions of the Board under this title, a member of 
     the Board seeking access to a record or material under this 
     title shall be deemed for purposes of this subsection to have 
     a need to know the contents of the record or material.
       (h) Compensation.--(1) Each member of the Board shall 
     receive compensation at a rate not to exceed the daily 
     equivalent of the annual rate of basic pay payable for 
     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 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 provisions of section 552 of title 5, 
     United States Code.
       (2) In making records and reports available under paragraph 
     (1), the Board shall coordinate the release of such records 
     and reports with appropriate officials from agencies with 
     expertise in classified information in order to ensure that 
     such records and reports do not inadvertently contain 
     classified information.
       (l) Applicability of Certain Administrative Laws.--The 
     provisions of the Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the activities of the Board under 
     this title. However, the records of the Board shall be 
     governed by the provisions of the Federal Records Act of 
     1950.

     SEC. 804. IDENTIFICATION, COLLECTION, AND REVIEW FOR 
                   DECLASSIFICATION OF INFORMATION OF ARCHIVAL 
                   VALUE OR EXTRAORDINARY PUBLIC INTEREST.

       (a) Briefings on Agency Declassification Programs.--(1) As 
     requested by the Board, or by the Select Committee on 
     Intelligence of the Senate or the Permanent Select Committee 
     on Intelligence of the House of 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 
     declassification of national security information. Such 
     briefing shall cover the declassification goals set by 
     statute, regulation, or policy, the agency's progress with 
     respect to such goals, and the agency's planned goals and 
     priorities for its declassification activities over the next 
     two fiscal years. Agency briefings and reports shall give 
     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 
     military departments, and the elements of the intelligence 
     community shall be provided on a consolidated basis.
       (B) In this paragraph, the term ``elements of the 
     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)).

[[Page S9591]]

       (b) Recommendations on Agency Declassification Programs.--
     (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 
     Assistant to the President for National Security Affairs and 
     the Director of the Office of Management and Budget.
       (2) Consistent with the provisions of section 803(k), the 
     Board's recommendations to the head of an agency under 
     paragraph (1) shall become public 60 days after such 
     recommendations are sent to the head of the agency under that 
     paragraph.
       (c) Recommendations on Special Searches for Records of 
     Extraordinary Public Interest.--(1) The Board shall also make 
     recommendations to the President regarding proposed 
     initiatives to identify, collect, and review for 
     declassification classified records and materials of 
     extraordinary public interest.
       (2) In making recommendations under paragraph (1), the 
     Board shall consider the following:
       (A) The opinions and requests of Members of Congress, 
     including opinions and requests expressed or embodied in 
     letters or legislative proposals.
       (B) The opinions and requests of the National Security 
     Council, the Director of Central Intelligence, and the heads 
     of other agencies.
       (C) The opinions of United States citizens.
       (D) The opinions of members of the Board.
       (E) The impact of special searches on systematic and all 
     other on-going declassification programs.
       (F) The costs (including budgetary costs) and the impact 
     that complying with the recommendations would have on agency 
     budgets, programs, and operations.
       (G) The benefits of the recommendations.
       (H) The impact of compliance with the recommendations on 
     the national security of the United States.
       (d) President's Declassification Priorities.--(1) 
     Concurrent 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 priorities, together 
     with a listing of the funds requested to implement that 
     program.
       (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. 805. 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 an agency.
       (b) Special Access Programs.--Nothing in this title shall 
     be construed to limit the authority of the head of an agency 
     to grant or deny access to a special access program.
       (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 intelligence sources and methods 
     from unauthorized disclosure as required by section 103(c)(6) 
     of the National Security Act of 1947 (50 U.S.C. 403-3(c)(6)).
       (d) Exemptions to Release of Information.--Nothing in this 
     title shall be construed to limit any exemption or exception 
     to the release to the public under this title of information 
     that is protected under section 552(b) of title 5, United 
     States Code (commonly referred to as the ``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 
     information from Congress.

     SEC. 806. STANDARDS AND PROCEDURES.

       (a) Liaison.--(1) The head of each agency with the 
     authority under an Executive Order to classify information 
     and the head of each Federal Presidential library shall 
     designate an employee of such agency or library, as the case 
     may be, 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 
     paragraph (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, as the case may be, 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 paragraph (1), including a description of the 
     nature of the Board's request for access, shall be submitted 
     to the Assistant to the President for National Security 
     Affairs rather than to the Board.
       (c) Discretion to Disclose.--At the conclusion of a 
     declassification review, the head of an agency may, in the 
     discretion of the head of the agency, determine that the 
     public's interest in the disclosure of records or materials 
     of the agency covered by such review, and still properly 
     classified, outweighs the Government's need to protect such 
     records or materials, and may release such records or 
     materials in accordance with the provisions of Executive 
     Order 12958 or any successor order to such Executive Order.
       (d) Discretion To Protect.--At the conclusion of a 
     declassification review, the head of an agency may, in the 
     discretion of the head of the agency, determine that the 
     interest of the agency in the protection of records or 
     materials of the agency covered by such review, and still 
     properly classified, outweigh's the public's need for access 
     to such records or materials, and may deny release of such 
     records or materials in accordance with the provisions of 
     Executive Order 12958 or any successor order to such 
     Executive Order.
       (e) Reports.--(1)(A) Except as provided in 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 by the head of an agency or the head of 
     a Federal Presidential library of access of the Board to 
     records or materials under this title.
       (B) In this paragraph, the term ``appropriate congressional 
     committees'' means the Select Committee on Intelligence and 
     the Committee on Governmental Affairs of the Senate and the 
     Permanent Select Committee on Intelligence and the Committee 
     on Government Reform and Oversight of the House of 
     Representatives.
       (2) Notwithstanding paragraph (1), notice that the Board 
     has been denied access to records and materials, and a 
     justification for the determination in support of the 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 Committee 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 
     Administrator for Nuclear Security, to the Committees on 
     Armed Services and Appropriations and the Select Committee on 
     Intelligence 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. 807. JUDICIAL REVIEW.

       Nothing in this title limits the protection afforded to any 
     information under any other provision of law. This title is 
     not intended and may not be construed to create any right or 
     benefit, substantive or procedural, enforceable at law 
     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 classification of 
     information, nor does this title create any right or benefit 
     subject to judicial review.

     SEC. 808. 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 
     budget submitted to Congress for each fiscal year under 
     section 1105 of title 31, United States Code, a request for 
     amounts for the activities of the Board under this title 
     during such fiscal year.

     SEC. 809. DEFINITIONS.

       In this title:
       (1) Agency.--(A) Except as provided in 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 
     classified are determined no longer to require protection 
     from unauthorized disclosure to protect the national security 
     of the United States.

[[Page S9592]]

       (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 chapter 21 of title 44, United 
     States Code.
       (6) National security.--The term ``national security'' 
     means the national defense or foreign relations of the United 
     States.
       (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 policies, 
     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. 810. SUNSET.

       The provisions of this title shall expire four years after 
     the date of the enactment of this Act, unless reauthorized by 
     statute.




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