[House Report 106-969]
[From the U.S. Government Printing Office]
106th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 106-969
======================================================================
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2001
_______
October 11, 2000.--Ordered to be printed
_______
Mr. Goss, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 4392]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
4392), 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 having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
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 of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community management account.
Sec. 105. Transfer authority of the Director of Central Intelligence.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Subtitle A--Intelligence Community
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Sense of the Congress on intelligence community contracting.
Sec. 304. Prohibition on unauthorized disclosure of classified
information.
Sec. 305. Authorization for travel on any common carrier for certain
intelligence collection personnel.
Sec. 306. Update of report on effects of foreign espionage on United
States trade secrets.
Sec. 307. POW/MIA analytic capability within the intelligence community.
Sec. 308. Applicability to lawful United States intelligence activities
of Federal laws implementing international treaties and
agreements.
Sec. 309. Limitation on handling, retention, and storage of certain
classified materials by the Department of State.
Sec. 310. Designation of Daniel Patrick Moynihan Place.
Sec. 311. National Security Agency voluntary separation.
Subtitle B--Diplomatic Telecommunications Service Program Office (DTS-
PO)
Sec. 321. Reorganization of Diplomatic Telecommunications Service
Program Office.
Sec. 322. Personnel.
Sec. 323. Diplomatic Telecommunications Service Oversight Board.
Sec. 324. General provisions.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Modifications to Central Intelligence Agency's central
services program.
Sec. 402. Technical corrections.
Sec. 403. Expansion of Inspector General actions requiring a report to
Congress.
Sec. 404. Detail of employees to the National Reconnaissance Office.
Sec. 405. Transfers of funds to other agencies for acquisition of land.
Sec. 406. Eligibility of additional employees for reimbursement for
professional liability insurance.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
Sec. 501. Contracting authority for the National Reconnaissance Office.
Sec. 502. Role of Director of Central Intelligence in experimental
personnel program for certain scientific and technical
personnel.
Sec. 503. 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--DECLASSIFICATION OF INFORMATION
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Public Interest Declassification Board.
Sec. 704. Identification, collection, and review for declassification of
information of archival value or extraordinary public
interest.
Sec. 705. Protection of national security information and other
information.
Sec. 706. Standards and procedures.
Sec. 707. Judicial review.
Sec. 708. Funding.
Sec. 709. Definitions.
Sec. 710. Sunset.
TITLE VIII--DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT
Sec. 801. Short title.
Sec. 802. Designation.
Sec. 803. Requirement of disclosure of records.
Sec. 804. Expedited processing of requests for Japanese Imperial
Government records.
Sec. 805. Effective date.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2001 for the conduct of the 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 Department of the Army, the Department of
the Navy, and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agency.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The
amounts authorized to be appropriated under section 101, and
the authorized personnel ceilings as of September 30, 2001, for
the conduct of the intelligence and intelligence-related
activities of the elements listed in such section, are those
specified in the classified Schedule of Authorizations prepared
to accompany the conference report on the bill H.R. 4392 of the
One Hundred Sixth Congress.
(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 2 percent of the number of
civilian personnel authorized under such section for such
element.
(b) Notice to Intelligence Committees.--The Director of
Central Intelligence shall promptly notify the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate whenever the
Director exercises the authority granted by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Community Management Account of the
Director of Central Intelligence for fiscal year 2001 the sum
of $163,231,000. Within such amount, funds identified in the
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 313 full-time personnel as of
September 30, 2001. Personnel serving in such elements may be
permanent employees of the Community Management Account or
personnel detailed from other elements of the United States
Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition
to amounts authorized to be appropriated for the
Community Management Account by subsection (a), there
are also 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). Such additional amounts shall remain available
until September 30, 2002.
(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 are hereby authorized such additional
personnel for such elements as of that date as are
specified in the classified Schedule of Authorizations.
(d) Reimbursement.--Except as provided in section 113 of
the National Security Act of 1947 (50 U.S.C. 404h), during
fiscal year 2001, any officer or employee of the United States
or a member of the Armed Forces who is detailed to the staff of
the Community Management Account from another element of the
United States Government shall be detailed on a reimbursable
basis, except that any such officer, employee, or member may be
detailed on a nonreimbursable basis for a period of less than 1
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), $34,100,000 shall be
available for the National Drug Intelligence Center.
Within such amount, funds provided for research,
development, test, and evaluation purposes shall remain
available until September 30, 2002, and funds provided
for procurement purposes shall remain available until
September 30, 2003.
(2) Transfer of funds.--The Director of Central
Intelligence shall transfer to the Attorney General
funds available for the National Drug Intelligence
Center under paragraph (1). The Attorney General shall
utilize funds so transferred for the activities of the
National Drug Intelligence Center.
(3) Limitation.--Amounts available for the National
Drug Intelligence Center may not be used in
contravention of the provisions of section 103(d)(1) of
the National Security Act of 1947 (50 U.S.C. 403-
3(d)(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.
SEC. 105. TRANSFER AUTHORITY OF THE DIRECTOR OF CENTRAL INTELLIGENCE.
(a) Limitation on Delegation of Authority of Departments To
Object to Transfers.--Section 104(d)(2) of the National
Security Act of 1947 (50 U.S.C. 403-4(d)(2)) is amended--
(1) by inserting ``(A)'' after ``(2)'';
(2) by redesignating subparagraphs (A), (B), (C),
(D), and (E) as clauses (i), (ii), (iii), (iv), and
(v), respectively;
(3) in clause (v), as so redesignated, by striking
``the Secretary or head'' and inserting ``subject to
subparagraph (B), the Secretary or head''; and
(4) by adding at the end the following new
subparagraph:
``(B)(i) Except as provided in clause (ii), the authority
to object to a transfer under subparagraph (A)(v) may not be
delegated by the Secretary or head of the department involved.
``(ii) With respect to the Department of Defense, the
authority to object to such a transfer may be delegated by the
Secretary of Defense, but only to the Deputy Secretary of
Defense.
``(iii) An objection to a transfer under subparagraph
(A)(v) shall have no effect unless submitted to the Director of
Central Intelligence in writing.''.
(b) Limitation on Delegation of Duties of Director of
Central Intelligence.--Section 104(d)(1) of such Act (50 U.S.C.
403-4(d)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new
subparagraph:
``(B) The Director may only delegate any duty or authority
given the Director under this subsection to the Deputy Director
of Central Intelligence for Community Management.''.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 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
Subtitle A--Intelligence Community
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. SENSE OF THE CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.
It is the sense of the Congress that the Director of
Central Intelligence should continue to direct that elements of
the intelligence community, whenever compatible with the
national security interests of the United States and consistent
with operational and security concerns related to the conduct
of intelligence activities, and where fiscally sound, should
competitively award contracts in a manner that maximizes the
procurement of products properly designated as having been made
in the United States.
SEC. 304. 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. 305. AUTHORIZATION FOR TRAVEL ON ANY COMMON CARRIER FOR CERTAIN
INTELLIGENCE COLLECTION PERSONNEL.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by adding at the end
the following new section:
``travel on any common carrier for certain intelligence collection
personnel
``Sec. 116. (a) In General.--Notwithstanding any other
provision of law, the Director of Central Intelligence may
authorize travel on any common carrier when such travel, in the
discretion of the Director--
``(1) is consistent with intelligence community
mission requirements, or
``(2) is required for cover purposes, operational
needs, or other exceptional circumstances necessary for
the successful performance of an intelligence community
mission.
``(b) Authorized Delegation of Duty.--The Director may only
delegate the authority granted by this section to the Deputy
Director of Central Intelligence, or with respect to employees
of the Central Intelligence Agency the Director may delegate
such authority to the Deputy Director for Operations.''.
(b) Clerical Amendment.--The table of contents for the
National Security Act of 1947 is amended by inserting after the
item relating to section 115 the following new item:
``Sec. 116. Travel on any common carrier for certain intelligence
collection personnel.''.
SEC. 306. UPDATE OF REPORT ON EFFECTS OF FOREIGN ESPIONAGE ON UNITED
STATES TRADE SECRETS.
Not later than 270 days after the date of the enactment of
this Act, the Director of Central Intelligence shall submit to
Congress a report that updates and revises, as necessary, the
report prepared by the Director pursuant to section 310 of the
Intelligence Authorization Act for Fiscal Year 2000 (Public Law
106-120; 113 Stat. 1606).
SEC. 307. POW/MIA ANALYTIC CAPABILITY WITHIN THE INTELLIGENCE
COMMUNITY.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.), as amended by section 305(a), is
further amended by adding at the end the following:
``pow/mia analytic capability
``Sec. 117. (a) Requirement.--(1) The Director of Central
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
individuals who, after December 31, 1990, are 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) Unaccounted for United States Personnel.--In this
section, the term `unaccounted for United States personnel'
means the following:
``(1) Any missing person (as that term is defined
in section 1513(1) of title 10, United States Code).
``(2) Any United States national who was killed
while engaged in activities on behalf of the United
States and whose remains have not been repatriated to
the United States.''.
(b) Clerical Amendment.--The table of contents for the
National Security Act of 1947, as amended by section 305(b), is
further amended by inserting after the item relating to section
116 the following new item:
``Sec. 117. POW/MIA analytic capability.''.
SEC. 308. APPLICABILITY TO LAWFUL UNITED STATES INTELLIGENCE ACTIVITIES
OF FEDERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES
AND AGREEMENTS.
(a) In General.--The National Security Act of 1947 (50
U.S.C. 401 et seq.) is amended by adding at the end the
following new title:
``TITLE X--ADDITIONAL MISCELLANEOUS PROVISIONS
``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.''.
(b) Clerical Amendment.--The table of contents for the
National Security Act of 1947 is amended by inserting at the
end the following new items:
``TITLE X--ADDITIONAL MISCELLANEOUS PROVISIONS
``Sec. 1001. Applicability to United States intelligence activities of
Federal laws implementing international treaties and
agreements.''.
SEC. 309. LIMITATION ON HANDLING, RETENTION, AND STORAGE OF CERTAIN
CLASSIFIED MATERIALS BY THE DEPARTMENT OF STATE.
(a) Certification Regarding Full Compliance With
Requirements.--The Director of Central Intelligence shall
certify to the appropriate committees of Congress whether or
not each covered element of the Department of State is in full
compliance with all applicable directives of the Director of
Central Intelligence relating to the handling, retention, or
storage of covered classified material.
(b) Limitation on Certification.--The Director of Central
Intelligence may not certify a covered element of the
Department of State as being in full compliance with the
directives referred to in subsection (a) if the covered element
is currently subject to a waiver of compliance with respect to
any such directive.
(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 material unless the Director has
certified under subsection (a) as of such date that the covered
element is in full compliance with the directives referred to
in subsection (a).
(2) If the prohibition in paragraph (1) takes effect in
accordance with that paragraph, the prohibition shall remain in
effect until 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 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:
(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. 310. 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 extends west to
the facade of the Ronald Reagan Building and
International Trade Center, from the point where the
west facade of the Ariel Rios Building intersects the
north end of the west hemicycle of that building.
(d) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
parcel of land described in subsection (c) shall be deemed to
be a reference to Daniel Patrick Moynihan Place.
(e) Markers.--The Administrator of General Services shall
erect appropriate gateways or other markers in Daniel Patrick
Moynihan Place so denoting that place.
SEC. 311. NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION ACT.
(a) In General.--Title III of the National Security Act of
1947 (50 U.S.C. 405 et seq.) is amended by inserting at the
beginning the following new section 301:
``national security agency voluntary separation
``Sec. 301. (a) Short Title.--This section may be cited as
the `National Security Agency Voluntary Separation Act'.
``(b) Definitions.--For purposes of this section--
``(1) the term `Director' means the Director of the
National Security Agency; and
``(2) the term `employee' means an employee of the
National Security Agency, serving under an appointment
without time limitation, who has been currently
employed by the National Security Agency for a
continuous period of at least 12 months prior to the
effective date of the program established under
subsection (c), except that such term does not
include--
``(A) a reemployed annuitant under
subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, or another
retirement system for employees of the
Government; or
``(B) an employee having a disability on
the basis of which such employee is or would be
eligible for disability retirement under any of
the retirement systems referred to in
subparagraph (A).
``(c) Establishment of Program.--Notwithstanding any other
provision of law, the Director, in his sole discretion, may
establish a program under which employees may, after October 1,
2000, be eligible for early retirement, offered separation pay
to separate from service voluntarily, or both.
``(d) Early Retirement.--An employee who--
``(1) is at least 50 years of age and has completed
20 years of service; or
``(2) has at least 25 years of service,
may, pursuant to regulations promulgated under this section,
apply and be retired from the National Security Agency and
receive benefits in accordance with chapter 83 or 84 of title
5, United States Code, if the employee has not less than 10
years of service with the National Security Agency.
``(e) Amount of Separation Pay and Treatment for Other
Purposes.--
``(1) Amount.--Separation pay shall be paid in a
lump sum and shall be equal to the lesser of--
``(A) an amount equal to the amount the
employee would be entitled to receive under
section 5595(c) of title 5, United States Code,
if the employee were entitled to payment under
such section; or
``(B) $25,000.
``(2) Treatment.--Separation pay shall not--
``(A) be a basis for payment, and shall not
be included in the computation, of any other
type of Government benefit; and
``(B) be taken into account for the purpose
of determining the amount of any severance pay
to which an individual may be entitled under
section 5595 of title 5, United States Code,
based on any other separation.
``(f) Reemployment Restrictions.--An employee who receives
separation pay under such program may not be reemployed by the
National Security Agency for the 12-month period beginning on
the effective date of the employee's separation. An employee
who receives separation pay under this section on the basis of
a separation occurring on or after the date of the enactment of
the Federal Workforce Restructuring Act of 1994 (Public Law
103-236; 108 Stat. 111) and accepts employment with the
Government of the United States within 5 years after the date
of the separation on which payment of the separation pay is
based shall be required to repay the entire amount of the
separation pay to the National Security Agency. If the
employment is with an Executive agency (as defined by section
105 of title 5, United States Code), the Director of the Office
of Personnel Management may, at the request of the head of the
agency, waive the repayment if the individual involved
possesses unique abilities and is the only qualified applicant
available for the position. If the employment is with an entity
in the legislative branch, the head of the entity or the
appointing official may waive the repayment if the individual
involved possesses unique abilities and is the only qualified
applicant available for the position. If the employment is with
the judicial branch, the Director of the Administrative Office
of the United States Courts may waive the repayment if the
individual involved possesses unique abilities and is the only
qualified applicant available for the position.
``(g) Bar on Certain Employment.--
``(1) Bar.--An employee may not be separated from
service under this section unless the employee agrees
that the employee will not--
``(A) act as agent or attorney for, or
otherwise represent, any other person (except
the United States) in any formal or informal
appearance before, or, with the intent to
influence, make any oral or written
communication on behalf of any other person
(except the United States) to the National
Security Agency; or
``(B) participate in any manner in the
award, modification, or extension of any
contract for property or services with the
National Security Agency,
during the 12-month period beginning on the effective
date of the employee's separation from service.
``(2) Penalty.--An employee who violates an
agreement under this subsection shall be liable to the
United States in the amount of the separation pay paid
to the employee pursuant to this section multiplied by
the proportion of the 12-month period during which the
employee was in violation of the agreement.
``(h) Limitations.--Under this program, early retirement
and separation pay may be offered only--
``(1) with the prior approval of the Director;
``(2) for the period specified by the Director; and
``(3) to employees within such occupational groups
or geographic locations, or subject to such other
similar limitations or conditions, as the Director may
require.
``(i) Regulations.--Before an employee may be eligible for
early retirement, separation pay, or both, under this section,
the Director shall prescribe such regulations as may be
necessary to carry out this section.
``(j) Reporting Requirements.--
``(1) Notification.--The Director may not make an
offer of early retirement, separation pay, or both,
pursuant to this section until 15 days after submitting
to the Permanent Select Committee on Intelligence of
the House of Representatives and the Select Committee
on Intelligence of the Senate a report describing the
occupational groups or geographic locations, or other
similar limitations or conditions, required by the
Director under subsection (h), and includes the
proposed regulations issued pursuant to subsection (i).
``(2) Annual report.--The Director shall submit to
the President and the Permanent Select Committee on
Intelligence of the House of Representatives and the
Select Committee on Intelligence of the Senate an
annual report on the effectiveness and costs of
carrying out this section.
``(k) Remittance of Funds.--In addition to any other
payment that is required to be made under subchapter III of
chapter 83 or chapter 84 of title 5, United States Code, the
National Security Agency shall remit to the Office of Personnel
Management for deposit in the Treasury of the United States to
the credit of the Civil Service Retirement and Disability Fund,
an amount equal to 15 percent of the final basic pay of each
employee to whom a voluntary separation payment has been or is
to be paid under this section. The remittance required by this
subsection shall be in lieu of any remittance required by
section 4(a) of the Federal Workforce Restructuring Act of 1994
(5 U.S.C. 8331 note).''.
(b) Clerical Amendment.--The table of contents for title
III of the National Security Act of 1947 is amended by
inserting at the beginning the following new item:
``Sec. 301. National Security Agency voluntary separation.''.
Subtitle B--Diplomatic Telecommunications Service Program Office (DTS-
PO)
SEC. 321. REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS SERVICE
PROGRAM OFFICE.
(a) Reorganization.--Effective 60 days after the date of
the enactment of this Act, the Diplomatic Telecommunications
Service Program Office (DTS-PO) established pursuant to title V
of Public Law 102-140 shall be reorganized in accordance with
this subtitle.
(b) Purpose and Duties of DTS-PO.--The purpose and duties
of DTS-PO shall be to carry out a program for the establishment
and maintenance of a diplomatic telecommunications system and
communications network (hereinafter in this subtitle referred
to as ``DTS'') capable of providing multiple levels of service
to meet the wide ranging needs of all United States Government
agencies and departments at diplomatic facilities abroad,
including national security needs for secure, reliable, and
robust communications capabilities.
SEC. 322. PERSONNEL.
(a) Establishment of Position of Chief Executive Officer.--
(1) In general.--Effective 60 days after the date
of the enactment of this Act, there is established the
position of Chief Executive Officer of the Diplomatic
Telecommunications Service Program Office (hereinafter
in this subtitle referred to as the ``CEO'').
(2) Qualifications.--
(A) In general.--The CEO shall be an
individual who--
(i) is a communications
professional;
(ii) has served in the commercial
telecommunications industry for at
least 7 years;
(iii) has an extensive background
in communications system design,
maintenance, and support and a
background in organizational
management; and
(iv) submits to a background
investigation and possesses the
necessary qualifications to obtain a
security clearance required to meet the
highest United States Government
security standards.
(B) Limitations.--The CEO may not be an
individual who was an officer or employee of
DTS-PO prior to the date of the enactment of
this Act.
(3) Appointment authority.--The CEO of DTS-PO shall
be appointed by the Director of the Office of
Management and Budget.
(4) First appointment.--
(i) Deadline.--The first
appointment under this subsection shall
be made not later than May 1, 2001.
(ii) Limitation on use of funds.--
Of the funds available for DTS-PO on
the date of the enactment of this Act,
not more than 75 percent of such funds
may be obligated or expended until a
CEO is appointed under this subsection
and assumes such position.
(iii) May not be an officer or
employee of federal government.--The
individual first appointed as CEO under
this subtitle may not have been an
officer or employee of the Federal
government during the 1 year period
immediately preceding such appointment.
(5) Vacancy.--In the event of a vacancy in the
position of CEO or during the absence or disability of
the CEO, the Director of the Office of Management and
Budget may designate an officer or employee of DTS-PO
to perform the duties of the position as the acting
CEO.
(6) Authorities and duties.--
(A) In general.--The CEO shall have
responsibility for day-to-day management and
operations of DTS, subject to the supervision
of the Diplomatic Telecommunication Service
Oversight Board established under this
subtitle.
(B) Specific authorities.--In carrying out
the responsibility for day-to-day management
and operations of DTS, the CEO shall, at a
minimum, have--
(i) final decision-making authority
for implementing DTS policy; and
(ii) final decision-making
authority for managing all
communications technology and security
upgrades to satisfy DTS user
requirements.
(C) Certification regarding security.--The
CEO shall certify to the appropriate
congressional committees that the operational
and communications security requirements and
practices of DTS conform to the highest
security requirements and practices required by
any agency utilizing the DTS.
(D) Reports to congress.--
(i) Semiannual reports.--Beginning
on August 1, 2001, and every 6 months
thereafter, the CEO shall submit to the
appropriate congressional committees of
jurisdiction a report regarding the
activities of DTS-PO during the
preceding 6 months, the current
capabilities of DTS-PO, and the
priorities of DTS-PO for the subsequent
6 month period. Each report shall
include a discussion about any
administrative, budgetary, or
management issues that hinder the
ability of DTS-PO to fulfill its
mandate.
(ii) Other reports.--In addition to
the report required by clause (i), the
CEO shall keep the appropriate
congressional committees of
jurisdiction fully and currently
informed with regard to DTS-PO
activities, particularly with regard to
any significant security infractions or
major outages in the DTS.
(b) Establishment of Positions of Deputy Executive
Officer.--
(1) In general.--There shall be 2 Deputy Executive
Officers of the Diplomatic Telecommunications Service
Program Office, each to be appointed by the President.
(2) Duties.--The Deputy Executive Officers shall
perform such duties as the CEO may require.
(c) Termination of Positions of Director and Deputy
Director.--Effective upon the first appointment of a CEO
pursuant to subsection (a), the positions of Director and
Deputy Director of DTS-PO shall terminate.
(d) Employees of DTS-PO.--
(1) In general.--DTS-PO is authorized to have the
following employees: a CEO established under subsection
(a), 2 Deputy Executive Officers established under
subsection (b), and not more than 4 other employees.
(2) Applicability of certain civil service laws.--
The CEO and other officers and employees of DTS-PO may
be appointed without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, and may be paid without regard to
the provisions of chapter 51 and subchapter III of
chapter 53 of that title relating to classification and
General Schedule pay rates.
(3) Authority of director of omb to prescribe pay
of employees.--The Director of the Office of Management
and Budget shall prescribe the rates of basic pay for
positions to which employees are appointed under this
section on the basis of their unique qualifications.
(e) Staff of Federal Agencies.--
(1) In general.--Upon request of the CEO, the head
of any Federal department or agency may detail, on a
reimbursable basis, any of the personnel of that
department or agency to DTS-PO to assist it in carrying
out its duties under this subtitle.
(2) Continuation of service.--An employee of a
Federal department or agency who was performing
services on behalf of DTS-PO prior to the effective
date of the reorganization under this subtitle shall
continue to be detailed to DTS-PO after that date, upon
request.
SEC. 323. DIPLOMATIC TELECOMMUNICATIONS SERVICE OVERSIGHT BOARD.
(a) Oversight Board Established.--
(1) In general.--There is hereby established the
Diplomatic Telecommunications Service Oversight Board
(hereinafter in this subtitle referred to as the
``Board'') as an instrumentality of the United States
with the powers and authorities herein provided.
(2) Status.--The Board shall oversee and monitor
the operations of DTS-PO and shall be accountable for
the duties assigned to DTS-PO under this subtitle.
(3) Membership.--
(A) In general.--The Board shall consist of
3 members as follows:
(i) The Deputy Director of the
Office of Management and Budget.
(ii) 2 members to be appointed by
the President.
(B) Chairperson.--The chairperson of the
Board shall be the Deputy Director of the
Office of Management and Budget.
(C) Terms.--Members of the Board appointed
by the President shall serve at the pleasure of
the President.
(D) Quorum required.--A quorum shall
consist of all members of the Board and all
decisions of the Board shall require a majority
vote.
(4) Prohibition on compensation.--Members of the
Board may not receive additional pay, allowances, or
benefits by reason of their service on the Board.
(5) Duties and authorities.--The Board shall have
the following duties and authorities with respect to
DTS-PO:
(A) To review and approve overall
strategies, policies, and goals established by
DTS-PO for its activities.
(B) To review and approve financial plans,
budgets, and periodic financing requests
developed by DTS-PO.
(C) To review the overall performance of
DTS-PO on a periodic basis, including its work,
management activities, and internal controls,
and the performance of DTS-PO relative to
approved budget plans.
(D) To require from DTS-PO any reports,
documents, and records the Board considers
necessary to carry out its oversight
responsibilities.
(E) To evaluate audits of DTS-PO.
(6) Limitation on authority.--The CEO shall have
the authority, without any prior review or approval by
the Board, to make such determinations as the CEO
considers appropriate and take such actions as the CEO
considers appropriate with respect to the day-to-day
management and operation of DTS-PO and to carry out the
reforms of DTS-PO authorized by section 305 of the
Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001
(section 305 of appendix G of Public Law 106-113).
SEC. 324. GENERAL PROVISIONS.
(a) Report to Congress.--Not later than March 1, 2001, the
Director of the Office of Management and Budget shall submit to
the appropriate congressional committees of jurisdiction a
report which includes the following elements with respect to
DTS-PO:
(1) Clarification of the process for the CEO to
report to the Board.
(2) Details of the CEO's duties and
responsibilities.
(3) Details of the compensation package for the CEO
and other employees of DTS-PO.
(4) Recommendations to the Overseas Security Policy
Board (OSPB) for updates.
(5) Security standards for information technology.
(6) The upgrade precedence plan for overseas posts
with national security interests.
(7) A spending plan for the additional funds
provided for the operation and improvement of DTS for
fiscal year 2001.
(b) Notification Requirements.--The notification
requirements of sections 502 and 505 of the National Security
Act of 1947 shall apply to DTS-PO and the Board.
(c) Procurement Authority of DTS-PO.--The procurement
authorities of any of the users of DTS shall be available to
the DTS-PO.
(d) Definition of Appropriate Congressional Committees of
Jurisdiction.--As used in this subtitle, the term ``appropriate
congressional committees of jurisdiction'' means the Committee
on Appropriations, the Committee on Foreign Relations, and the
Select Committee on Intelligence of the Senate and the
Committee on Appropriations, the Committee on International
Relations, and the Permanent Select Committee on Intelligence
of the House of Representatives.
(e) Statutory Construction.--Nothing in this subtitle shall
be construed to negate or to reduce the statutory obligations
of any United States department or agency head.
(f) Authorization of Appropriations for DTS-PO.--For each
of the fiscal years 2002 through 2006, there are authorized to
be appropriated directly to DTS-PO such sums as may be
necessary to carry out the management, oversight, and security
requirements of this subtitle.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. MODIFICATIONS TO CENTRAL INTELLIGENCE AGENCY'S 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(c)(2)) is amended--
(1) by redesignating subparagraph (F) as
subparagraph (H); and
(2) by inserting after subparagraph (E) the
following new subparagraphs:
``(F) Receipts from individuals in reimbursement
for utility services and meals provided under the
program.
``(G) Receipts from individuals for the rental of
property and equipment under the program.''.
(b) Clarification of Costs Recoverable Under Program.--
Subsection (e)(1) of that section is amended in the second
sentence by inserting ``other than structures owned by the
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).''.
SEC. 402. TECHNICAL CORRECTIONS.
(a) Clarification Regarding Reports on Exercise of
Authority.--Section 17 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 403q) is amended--
(1) in subsection (d)(1), by striking subparagraph
(E) and inserting the following new subparagraph (E):
``(E) a description of the exercise of the subpoena
authority under subsection (e)(5) by the Inspector
General during the reporting period; and''; and
(2) in subsection (e)(5), by striking subparagraph
(E).
(b) Terminology With Respect to Government Agencies.--
Section 17(e)(8) of such Act (50 U.S.C. 403q(e)(8)) is amended
by striking ``Federal'' each place it appears and inserting
``Government''.
SEC. 403. EXPANSION OF INSPECTOR GENERAL ACTIONS REQUIRING A REPORT TO
CONGRESS.
Section 17(d)(3) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(d)(3)) is amended by striking all that
follows after subparagraph (A) and inserting the following:
``(B) an investigation, inspection, or audit
carried out by the Inspector General should focus on
any current or former Agency official who--
``(i) holds or held a position in the
Agency that is subject to appointment by the
President, by and with the advise and consent
of the Senate, including such a position held
on an acting basis; or
``(ii) holds or held the position in the
Agency, including such a position held on an
acting basis, of--
``(I) Executive Director;
``(II) Deputy Director for
Operations;
``(III) Deputy Director for
Intelligence;
``(IV) Deputy Director for
Administration; or
``(V) Deputy Director for Science
and Technology;
``(C) a matter requires a report by the Inspector
General to the Department of Justice on possible
criminal conduct by a current or former Agency official
described or referred to in subparagraph (B);
``(D) the Inspector General receives notice from
the Department of Justice declining or approving
prosecution of possible criminal conduct of any of the
officials described in subparagraph (B); 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 notify and submit a
report on such matter to the intelligence committees.''.
SEC. 404. DETAIL 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:
``detail 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
``(2) hire personnel for the purpose of any detail
under paragraph (1).''.
SEC. 405. TRANSFERS OF FUNDS TO OTHER AGENCIES FOR ACQUISITION OF LAND.
(a) In General.--Section 5 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403f) is amended by adding at the
end the following new subsection:
``(c) Transfers for Acquisition of Land.--(1) Sums
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 5 of the
Central Intelligence Agency Act of 1949, as added by subsection
(a) of this section, shall apply with respect to amounts
appropriated or otherwise made available for the Central
Intelligence Agency for fiscal years after fiscal year 2000.
SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOYEES FOR REIMBURSEMENT FOR
PROFESSIONAL LIABILITY INSURANCE.
(a) In General.--Notwithstanding any provision of title VI,
section 636 of the Treasury, Postal Service, and General
Government Appropriations Act, 1997 (5 U.S.C. prec. 5941 note),
the Director of Central Intelligence may--
(1) designate as qualified employees within the
meaning of subsection (b) of that section 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. CONTRACTING AUTHORITY FOR THE NATIONAL RECONNAISSANCE OFFICE.
(a) In General.--The National Reconnaissance Office
(``NRO'') shall negotiate, write, execute, and manage contracts
for launch vehicle acquisition or launch that affect or bind
the NRO and to which the United States is a party.
(b) Effective Date.--This section shall apply to any
contract described in subsection (a) that is entered into after
the date of the enactment of this Act.
(c) Retroactivity.--This section shall not apply to any
contract described in subsection (a) in effect as of the date
of the enactment of this Act.
SEC. 502. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN EXPERIMENTAL
PERSONNEL PROGRAM FOR CERTAIN SCIENTIFIC AND
TECHNICAL PERSONNEL.
If the Director of Central Intelligence requests that the
Secretary of Defense exercise any authority available to the
Secretary under section 1101(b) of the Strom 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. 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;
(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--
(1) by inserting ``(1)'' after ``(a)''; and
(2) by adding at the end the following new
paragraph:
``(2) Each report under the first sentence of paragraph (1)
shall include a description of--
``(A) each criminal case in which information
acquired under this Act has been passed for law
enforcement purposes during the period covered by such
report; and
``(B) each criminal case in which information
acquired under this Act has been authorized for use at
trial during such reporting period.''.
(b) Report on Mechanisms for Determinations of 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) A department or agency may not conduct a polygraph
examination, interrogate, or otherwise take any action that is
likely to alert an employee covered by a notice under
subparagraph (A) of an investigation described in that
subparagraph without prior coordination and consultation with
the Federal Bureau of 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 for fiscal years 2002 and 2003 may be
obligated or expended until the date on which the Attorney
General submits the report required by paragraph (2) for the
year involved.
(2)(A) The Attorney General shall submit to the committees
of Congress specified in subparagraph (B) an annual report on
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 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 committees of Congress
specified in subsection (b)(2)(B) within 120 days on actions
that have been or will be taken by the Department to--
(1) promote quick and efficient responses to
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--DECLASSIFICATION OF INFORMATION
SEC. 701. SHORT TITLE.
This title may be cited as the ``Public Interest
Declassification Act of 2000''.
SEC. 702. FINDINGS.
Congress makes the following findings:
(1) It is in the national interest to establish an
effective, coordinated, and cost-effective means by
which records on 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. 703. PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) Establishment.--There is established within the
executive branch of the United States a board to be known as
the ``Public Interest Declassification Board'' (in this title
referred to as the ``Board'').
(b) Purposes.--The purposes of the Board are as follows:
(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 Speaker of the
House of Representatives;
(C) one shall be appointed by the majority leader
of the Senate;
(D) one shall be appointed by the minority leader
of the Senate; and
(E) one shall be appointed by the minority leader
of the House of Representatives.
(2)(A) Of the members initially appointed to the Board by
the President--
(i) three shall be appointed for a term of four
years;
(ii) one shall be appointed for a term of three
years; and
(iii) one shall be appointed for a term of two
years.
(B) The members initially appointed to the Board by the
Speaker of the House of Representatives or by the majority
leader of the Senate shall be appointed for a term of three
years.
(C) The members initially appointed to the Board by the
minority leader of the House of Representatives or the Senate
shall be appointed for a term of two years.
(D) 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
redesignated as Chairperson of the Board upon the expiration of
the member's term as Chairperson of the Board, except that no
member shall serve as Chairperson of the Board for more than
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 Presidential or
agency directives.
(2) The head of an agency shall, as a condition of granting
access to a member of the Board, the Executive Secretary of the
Board, or a member of the staff of the Board to classified
records or materials of the agency under this title, require
the member, the Executive Secretary, or the member of the
staff, as the case may be, to--
(A) execute an agreement regarding the security of
such records or materials that is approved by the head
of the agency; and
(B) hold an appropriate security clearance granted
or 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 706(b), and to facilitate the
advisory functions of the Board under this title, a member of
the Board seeking access to a record or material under this
title shall be deemed for purposes of this subsection to have a
need to know the contents of the record or material.
(h) Compensation.--(1) Each member of the Board shall
receive compensation at a rate not to exceed the daily
equivalent of the annual rate of basic pay payable for
positions at ES-1 of the Senior Executive Service under section
5382 of title 5, United States Code, for each day such member
is engaged in the actual performance of duties of the Board.
(2) Members of the Board shall be allowed travel expenses,
including per diem in lieu of subsistence at rates authorized
for employees of agencies under subchapter I of chapter 57 of
title 5, United States Code, while away from their homes or
regular places of business in the performance of the duties of
the Board.
(i) Guidance; Annual Budget.--(1) On behalf of the
President, the Assistant to the President for National Security
Affairs shall provide guidance on policy to the Board.
(2) The Executive Secretary of the Board, under the
direction of the Chairperson of the Board and the Board, and
acting in consultation with the Archivist of the United States,
the Assistant to the President for National Security Affairs,
and the Director of the Office of Management and Budget, shall
prepare the annual budget of the Board.
(j) Support.--The Information Security Oversight Office may
support the activities of the Board under this title. Such
support shall be provided on a reimbursable basis.
(k) Public Availability of Records and Reports.--(1) The
Board shall make available for public inspection records of its
proceedings and reports prepared in the course of its
activities under this title to the extent such records and
reports are not classified and would not be exempt from release
under the 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. 704. 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)).
(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 703(k), the
Board's recommendations to the head of an agency under
paragraph (1) shall become public 60 days after such
recommendations are sent to the head of the agency under that
paragraph.
(c) Recommendations on Special Searches for Records of
Extraordinary Public Interest.--(1) The Board shall also make
recommendations to the 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. 705. PROTECTION OF NATIONAL SECURITY INFORMATION AND OTHER
INFORMATION.
(a) In General.--Nothing in this title shall be construed
to limit the authority of the head of an agency to classify
information or to continue the classification of information
previously classified by that agency.
(b) Special Access Programs.--Nothing in this title shall
be construed to limit the authority of the head of an agency to
grant or deny access to a special access program.
(c) Authorities of Director of Central Intelligence.--
Nothing in this title shall be construed to limit the
authorities of the Director of Central Intelligence as the head
of the intelligence community, including the Director's
responsibility to protect 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 subsection (b) of section 552 of title 5,
United States Code (commonly referred to as the ``Freedom of
Information Act''), or section 552a of title 5, United States
Code (commonly referred to as the ``Privacy Act'').
(e) Withholding Information From Congress.--Nothing in this
title shall be construed to authorize the withholding of
information from Congress.
SEC. 706. STANDARDS AND PROCEDURES.
(a) Liaison.--(1) The head of each agency with the
authority under an Executive order to classify information and
the head of each Federal Presidential library shall designate
an employee of such agency or library to act as liaison to the
Board for purposes of this title.
(2) The Board may establish liaison and otherwise consult
with such other historical and advisory committees as the Board
considers appropriate for purposes of this title.
(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 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, outweighs the public's need for access to
such records or materials, and may deny release of such records
or materials in accordance with the provisions of Executive
Order 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 to the Board by the head of an agency or the head
of a Federal Presidential library of access to records or
materials under this title.
(B) In this paragraph, the term ``appropriate congressional
committees'' means the Select Committee on Intelligence and the
Committee on Governmental Affairs of the Senate and the
Permanent Select Committee on Intelligence and the Committee on
Government Reform of the House of Representatives.
(2) Notwithstanding paragraph (1), notice that the Board
has been denied access to records and materials, and a
justification for the determination in support of the denial,
shall be submitted by the agency denying the access as follows:
(A) In the case of the denial of access to a
special access program created by the Secretary of
Defense, to the Committees on Armed Services and
Appropriations of the Senate and to the Committees on
Armed Services and Appropriations of the House of
Representatives.
(B) In the case of the denial of access to a
special access program created by the Director of
Central Intelligence, or by the head of any other
agency (including the Department of Defense) if the
special access program pertains to intelligence
activities, or of access to any information and
materials relating to intelligence sources and methods,
to the Select Committee on Intelligence of the Senate
and the Permanent Select 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. 707. JUDICIAL REVIEW.
Nothing in this title limits the protection afforded to any
information under any other provision of law. This title is not
intended and may not be construed to create any right or
benefit, substantive or procedural, enforceable against the
United States, its agencies, its officers, or its employees.
This title does not modify in any way the substantive criteria
or procedures for the classification of information, nor does
this title create any right or benefit subject to judicial
review.
SEC. 708. FUNDING.
(a) Authorization of Appropriations.--There is hereby
authorized to be appropriated to carry out the provisions of
this title amounts as follows:
(1) For fiscal year 2001, $650,000.
(2) For each fiscal year after fiscal year 2001,
such sums as may be necessary for such fiscal year.
(b) Funding Requests.--The President shall include in the
budget submitted to Congress for each fiscal year under section
1105 of title 31, United States Code, a request for amounts for
the activities of the Board under this title during such fiscal
year.
SEC. 709. DEFINITIONS.
In this title:
(1) Agency.--(A) Except as provided in subparagraph
(B), the term ``agency'' means the following:
(i) An Executive agency, as that term is
defined in section 105 of title 5, United
States Code.
(ii) A military department, as that term is
defined in section 102 of such title.
(iii) Any other entity in the executive
branch that comes into the possession of
classified information.
(B) The term does not include the Board.
(2) Classified material or record.--The terms
``classified material'' and ``classified record''
include any correspondence, memorandum, book, plan,
map, drawing, diagram, pictorial or graphic work,
photograph, film, microfilm, sound recording,
videotape, machine readable records, and other
documentary material, regardless of physical form or
characteristics, that has been determined pursuant to
Executive order to require protection against
unauthorized disclosure in the interests of the
national security of the United States.
(3) Declassification.--The term
``declassification'' means the process by which records
or materials that have been classified are determined
no longer to require protection from unauthorized
disclosure to protect the national security of the
United States.
(4) Donated historical material.--The term
``donated historical material'' means collections of
personal papers donated or given to a Federal
Presidential library or other archival repository under
a deed of gift or otherwise.
(5) Federal presidential library.--The term
``Federal Presidential library'' means a library
operated and maintained by the United States Government
through the National Archives and Records
Administration under the applicable provisions of the
Federal Records Act of 1950.
(6) National security.--The term ``national
security'' means the national defense or foreign
relations of the United States.
(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. 710. EFFECTIVE DATE; SUNSET.
(a) Effective Date.--This title shall take effect on the
date that is 120 days after the date of the enactment of this
Act.
(b) Sunset.--The provisions of this title shall expire four
years after the date of the enactment of this Act, unless
reauthorized by statute.
TITLE VIII--DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Japanese Imperial
Government Disclosure Act of 2000''.
SEC. 802. DESIGNATION.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning
given such term under section 551 of title 5, United
States Code.
(2) Interagency group.--The term ``Interagency
Group'' means the Nazi War Crimes and Japanese Imperial
Government Records Interagency Working Group
established under subsection (b).
(3) Japanese imperial government records.--The term
``Japanese Imperial Government records'' means
classified records or portions of records that pertain
to any person with respect to whom the United States
Government, in its sole discretion, has grounds to
believe ordered, incited, assisted, or otherwise
participated in the experimentation on, and persecution
of, any person because of race, religion, national
origin, or political opinion, during the period
beginning September 18, 1931, and ending on December
31, 1948, under the direction of, or in association
with--
(A) the Japanese Imperial Government;
(B) any government in any area occupied by
the military forces of the Japanese Imperial
Government;
(C) any government established with the
assistance or cooperation of the Japanese
Imperial Government; or
(D) any government which was an ally of the
Japanese Imperial Government.
(4) Record.--The term ``record'' means a Japanese
Imperial Government record.
(b) Establishment of Interagency Group.--
(1) In general.--Not later than 60 days after the
date of the enactment of this Act, the President shall
designate the Working Group established under the Nazi
War Crimes Disclosure Act (Public Law 105-246; 5 U.S.C.
552 note) to also carry out the purposes of this title
with respect to Japanese Imperial Government records,
and that Working Group shall remain in existence for 3
years after the date on which this title takes effect.
Such Working Group is redesignated as the ``Nazi War
Crimes and Japanese Imperial Government Records
Interagency Working Group''.
(2) Membership.--Section 2(b)(2) of such Act is
amended by striking ``3 other persons'' and inserting
``4 other persons who shall be members of the public,
of whom 3 shall be persons appointed under the
provisions of this Act in effect on October 8, 1998.''.
(c) Functions.--Not later than 1 year after the date of the
enactment of this Act, the Interagency Group shall, to the
greatest extent possible consistent with section 803--
(1) locate, identify, inventory, recommend for
declassification, and make available to the public at
the National Archives and Records Administration, all
classified Japanese Imperial Government records of the
United States;
(2) coordinate with agencies and take such actions
as 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 the Permanent Select
Committee on Intelligence of the House of
Representatives, and the Committee on the Judiciary and
the Select Committee on Intelligence of the Senate,
describing all such records, the disposition of such
records, and the activities of the Interagency Group
and agencies under this section.
(d) Funding.--There is authorized to be appropriated such
sums as may be necessary to carry out the provisions of this
title.
SEC. 803. REQUIREMENT OF DISCLOSURE OF RECORDS.
(a) Release of Records.--Subject to subsections (b), (c),
and (d), the Japanese Imperial Government Records Interagency
Working Group shall release in their entirety Japanese Imperial
Government records.
(b) Exemptions.--An agency head may exempt from release
under subsection (a) specific information, that would--
(1) constitute an unwarranted invasion of personal
privacy;
(2) reveal the identity of a confidential human
source, or reveal information about an intelligence
source or method when the unauthorized disclosure of
that source or method would 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 United States military war plans that
remain in effect;
(7) reveal information that would impair relations
between the United States and a foreign government, or
undermine ongoing diplomatic activities of the United
States;
(8) reveal information that would impair the
current ability of United States Government officials
to protect the President, Vice President, and other
officials for whom protection services are authorized
in the interest of national security;
(9) reveal information that would impair current
national security emergency preparedness plans; or
(10) violate a treaty or other international
agreement.
(c) Applications of Exemptions.--
(1) In general.--In applying the exemptions
provided in paragraphs (2) through (10) of subsection
(b), there shall be a presumption that the public
interest will be served by disclosure and release of
the records of the Japanese Imperial Government. The
exemption may be asserted only when the head of the
agency that maintains the records determines that
disclosure and release would be harmful to a specific
interest identified in the exemption. An agency head
who makes such a determination shall promptly report it
to the committees of Congress with appropriate
jurisdiction, including the Committee on the Judiciary
and the Select Committee on Intelligence of the Senate
and the Committee on Government Reform and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(2) Application of title 5.--A determination by an
agency head to apply an exemption provided in
paragraphs (2) through (9) of subsection (b) shall be
subject to the same standard of review that applies in
the case of records withheld under section 552(b)(1) of
title 5, United States Code.
(d) Records Related to Investigations or Prosecutions.--
This section shall not apply to records--
(1) related to or supporting any active or inactive
investigation, inquiry, or prosecution by the Office of
Special Investigations of the Department of Justice; or
(2) solely in the possession, custody, or control
of the Office of Special Investigations.
SEC. 804. EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL
GOVERNMENT RECORDS.
For purposes of expedited processing under section
552(a)(6)(E) of title 5, United States Code, any person who was
persecuted in the manner described in section 802(a)(3) and who
requests a Japanese Imperial Government record shall be deemed
to have a compelling need for such record.
SEC. 805. EFFECTIVE DATE.
The provisions of this title shall take effect on the date
that is 90 days after the date of the enactment of this Act.
And the Senate agree to the same.
From the Permanent Select Committee on
Intelligence, for consideration of the House
bill and the Senate amendment, and
modifications committed to conference:
Porter J. Goss,
Jerry Lewis,
Bill McCollum,
Michael N. Castle,
Sherwood L. Boehlert,
C.F. Bass,
Jim Gibbons,
Ray LaHood,
Heather Wilson,
Julian C. Dixon,
Sanford D. Bishop, Jr.,
Norman Sisisky,
Gary A. Condit,
Tim Roemer,
Alcee L. Hastings,
From the Committee on Armed Services, for
consideration of defense tactical intelligence
and related activities:
Floyd Spence,
Bob Stump,
Ike Skelton,
Managers on the Part of the House.
Richard C. Shelby,
Richard G. Lugar,
Jon Kyl,
James Inhofe,
Orrin G. Hatch,
Pat Roberts,
Connie Mack,
From the Committee on Armed Services:
John Warner,
Richard H. Bryan,
Bob Graham,
John F. Kerry,
Max Baucus,
Chuck Robb,
Frank R. Lautenberg,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 4392) to
authorize appropriations for fiscal year 2001 for intelligence
and the 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, submit the following joint statement to the
House and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report:
The managers agree that the congressionally directed
actions described in the House bill, the Senate amendment, the
respective committee reports, and classified annexes
accompanying H.R. 4392 and S. 2507, should be undertaken to the
extent that such congressionally directed actions are not
amended, altered, or otherwise specifically addressed in either
this Joint Explanatory Statement or in the classified annex to
the conference report on the bill H.R. 4392.
Report of the National Commission on Terrorism
Pursuant to Public Law 105-277, the National Commission
on Terrorism, chaired by former Ambassador L. Paul Bremer III,
submitted its report to Congress in June 2000. The managers
commend the Commission for its effort and contribution on this
critical issue.
Many of the Commission's findings strongly support
positions Congress has taken. The Commission report reinforces
the assessment by Congress of the scope and evolving nature of
the international terrorist threat. The Commission further
highlights the managers' view that good intelligence is one of
the best tools against international terrorism, and that there
is an urgent need to rebuild the NSA.
The Commission determined that some policies and other
restrictions are hindering efforts to counter terrorism. For
example, the Commission highlighted--with concern--the complex
manner in which the Justice Department implements the Foreign
Intelligence Surveillance Act (FISA). It noted, however, that
the Attorney General managed to streamline the Department's
processes for considering FISA warrants-still in a manner fully
consistent with the law-in order to address the myriad
terrorist threats during the millennium period. The Commission
noted that the United States government was much more effective
in pursuing terrorists during that period. The managers
appreciate the Commission's support for the efforts of all
involved in countering the millennium threats.
The Commission recommended the elimination of the 1995
DCI guidelines requiring approvals from CIA headquarters before
terrorist informants who have human rights violations in their
background can be recruited. The rationale stated by the
Commissioners was that it should be understood by all in the
Intelligence Community that aggressive recruitment of human
intelligence sources is one of the highest priorities. The
managers share this priority, and will continue to examine the
implementation of these important guidelines. The managers are
concerned, however, that there may be intangible impediments to
recruitment of such terrorist informants. For instance, there
may be some in CIA headquarters who believe that Congress and
the American public will not support a CIA relationship with a
``terrorist organization insider,'' or close associates of
terrorists, even though such persons may often be in the best
or only position to provide valuable counterterrorism
intelligence. The managers applaud the determined effort of the
CIA to ensure that all case officers understand the commitment
of the Agency to the recruitment of persons with access to
information on terrorist organizations or access to the
organizations themselves. The managers also insist that
appropriate recruitment of such sources receives the continued
and necessary support from CIA management at all levels.
Unquestionably, a robust and effective intelligence
effort will, from time to time, require U.S. interaction with
extremely dangerous and truly unsavory characters. After all,
it is an unfortunate matter of fact that individuals with
reputable backgrounds rarely yield the key intelligence leads
that are critical to the counterterrorist efforts of the United
States.
The managers strongly support an aggressive
counterterrorism program, and urge all intelligence officers to
continue their heroic efforts to deter terrorist activities
against U.S. citizens and interests at home and around the
world.
Title I--Intelligence Activities
sec. 101. authorization for appropriations
Section 101 of the conference report lists the
departments, agencies, and other elements of the United States
government for whose intelligence and intelligence-related
activities the Act authorizes appropriations for fiscal year
2001. Section 101 is identical to section 101 of the House bill
and section 101 of the Senate amendment.
sec. 102. classified schedule of authorizations
Section 102 of the conference report makes clear that the
details of the amounts authorized to be appropriated for
intelligence and intelligence-related activities and applicable
personnel ceilings covered under this title for fiscal year
2001 are contained in a classified Schedule of Authorizations.
The classified Schedule of Authorizations is incorporated into
the Act by this section. 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
classified annex provides the details of the Schedule. Section
102 is identical to section 102 of the House bill and section
102 of the Senate amendment.
sec. 103. personnel ceiling adjustments
Section 103 of the conference report authorizes the
Director of Central Intelligence, with the approval of the
Director of the Office of Management and Budget, in fiscal year
2001 to authorize employment of civilian personnel in excess of
the personnel ceilings applicable to the components of the
Intelligence Community under section 102 by an amount not to
exceed two percent of the total of the ceilings applicable
under section 102. The Director of Central Intelligence may
exercise this authority only if necessary to the performance of
important intelligence functions. Any exercise of this
authority must be reported to the intelligence committees of
the Congress.
The managers emphasize that the authority conferred by
section 103 is not intended to permit wholesale increases in
personnel strength in any intelligence component. Rather, the
section provides the Director of Central Intelligence with
flexibility to adjust personnel levels temporarily for
contingencies and for overages caused by an imbalance between
hiring of new employees and attrition of current employees. The
managers do not expect the Director of Central Intelligence to
allow heads of intelligence components to plan to exceed levels
set in the Schedule of Authorizations except for the
satisfaction of clearly identified hiring needs that are
consistent with the authorization of personnel strengths in
this bill. In no case is this authority to be used to provide
for positions denied by this bill. Section 103 is identical to
section 103 of the House bill and section 103 of the Senate
amendment.
sec. 104. community management account
Section 104 of the conference report authorizes
appropriations for the Community Management Account (CMA) of
the Director of Central Intelligence (DCI) and sets the
personnel end-strength for the Intelligence Community
management staff for fiscal year 2001.
Subsection (a) authorizes appropriations of $163,231,000
for fiscal year 2001 for the activities of the CMA of the DCI.
This amount includes funds identified for the Advanced Research
and Development Committee and the Advanced Technology Group,
which shall remain available until September 30, 2002.
Subsection (b) authorizes 313 full-time personnel for the
Community Management Staff for fiscal year 2001 and provides
that such personnel may be permanent employees of the Staff or
detailed from various elements of the United States government.
Subsection (c) authorizes additional appropriations and
personnel for the CMA as specified in the classified Schedule
of Authorizations and permits these additional amounts to
remain available through September 30, 2002.
Subsection (d) requires that, except as provided in
Section 113 of the National Security Act of 1947, or for
temporary situations of less than one year, personnel from
another element of the United States government be detailed to
an element of the CMA on a reimbursable basis.
Subsection (e) authorizes $34,100,000 of the amount
authorized in subsection (a) to be made available for the
National Drug Intelligence Center (NDIC). Subsection (e)
requires the DCI to transfer these funds to the Department of
Justice to be used for NDIC activities under the authority of
the Attorney General and subject to section 103(d)(1) of the
National Security Act. Subsection (e) is similar to subsection
(e) of the House bill and subsection (e) of the Senate
amendment.
The managers note that since Fiscal Year 1997 the
Community Management Account has included authorization for
appropriations for the National Drug Intelligence Center
(NDIC). Over that time, the funding level for the NDIC has
remained unchanged. The committees periodically have expressed
concern about the effectiveness of NDIC and its ability to
fulfill the role for which it was created. The managers are
encouraged, however, by the NDIC's recent improved performance
and by the refocused role for the organization, which was
outlined in the Administration's General Counterdrug
Intelligence Plan earlier this year. The managers agree to
provide $7.1 million over the requested amount for the NDIC and
instruct the Director of the NDIC to provide a spending plan to
the intelligence committees and to the appropriations
committees within 90 days of enactment of this Act.
SEC. 105. TRANSFER AUTHORITY OF THE DIRECTOR OF CENTRAL INTELLIGENCE
Section 105 is identical to Section 105 of the House
bill. The Senate amendment had no similar provision. The Senate
recedes.
Title II--Central Intelligence Agency Retirement and Disability System
SEC. 201. AUTHORIZATION OF APPROPRIATIONS
Section 201 is identical to Section 201 of the Senate
amendment and section 201 of the House bill.
Title III--General Provisions
Subtitle A--Intelligence Community
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW
Section 301 is identical to section 301 of the Senate
amendment and section 301 of the House bill.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES
Section 302 is identical to section 302 of the Senate
amendment and section 302 of the House bill.
SEC. 303. SENSE OF THE CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING
Section 303 is identical to section 303 of the House
bill. The Senate amendment had no similar provision. The Senate
recedes to the House provision.
SEC. 304. PROHIBITION ON UNAUTHORIZED DISCLOSURE OF CLASSIFIED
INFORMATION
Section 304 is identical to section 303 of the Senate
amendment. The House bill had no similar provision. The House
recedes.
Unauthorized disclosures of sensitive intelligence
information are of great concern. Such disclosures, regardless
of whether they involve an intelligence ``success'' or
``failure,'' can compromise irreplaceable sources and methods,
and in some cases, can directly endanger lives.
The managers note that the current Executive Order
governing classified national security information (E.O. 12958)
requires that, in order to classify information, the original
classifying authority must determine that unauthorized
disclosure of the information reasonably could be expected to
result in damage to the national security and the original
classification authority must be able to identify or describe
the damage. The managers further note that the current
Executive Order specifically prohibits the classification of
information in order to conceal violations of law,
inefficiency, or administrative error or to prevent
embarrassment to the government.
It is the intent of the managers that the government may
meet its burden of proof under this statute by proving that the
information was classified under the applicable statute or
Executive Order. The government should not be required to prove
that damage to the national security actually has or will
result from the unauthorized disclosure. Subsection (c)(2) is
not intended by the managers to create a defense based on a
technical error in the classification markings, or the lack
thereof, or to create a right of the defendant to dispute the
propriety of the President's classification decision. The
managers believe that requiring the government to prove that
the classified information is or has been properly classified
under an applicable statute or Executive Order strikes the
appropriate balance between protecting only that information
that would damage the national security if disclosed and not
creating a burden of proof that is so great that the government
could never meet its burden without having to disclose
unnecessarily additional classified information.
SEC. 305. AUTHORIZATION FOR TRAVEL ON ANY COMMON CARRIER
Section 305 is similar to Section 304 of the House bill.
The Senate amendment had no similar provision. The Senate
recedes, with amendment.
Section 4(b)(3) of the CIA Act of 1949, as amended,
provides the DCI with authority to promulgate regulations
governing travel requirements for CIA officers and other
federal government employees or members of the Armed Services
detailed to the CIA.
Subject to regulation, CIA employees and detailees to the
CIA may be permitted to use non-American-flag airlines when it
is determined to be essential to satisfy mission requirements.
The managers believe that this type of flexibility is necessary
for other personnel of the Intelligence Community carrying out
intelligence community mission requirements, given the nature
of the work of the Intelligence Community. This provision is
not intended to supersede the CIA's current regulation relating
to this matter. Rather, it is a complementary provision meant
to ensure an appropriate level of latitude to the Intelligence
Community to carry out the critically important activities in
pursuit and defense of the national security.
SEC. 306. UPDATE OF REPORT ON EFFECTS OF FOREIGN ESPIONAGE ON U.S.
Section 306 is similar to Section 306 of the House bill.
The Senate amendment had no similar provision. The Senate
recedes, with technical amendment.
SEC. 307. POW/MIA ANALYTIC CAPABILITY IN THE INTELLIGENCE COMMUNITY
Section 307 is similar to Section 304 of the Senate
amendment. The House bill had no similar provision. The House
recedes, with technical modifications.
SEC. 308. APPLICABILITY TO LAWFUL UNITED STATES INTELLIGENCE ACTIVITIES
OF FEDERAL LAWS IMPLEMENTING INTERNATIONAL TREATIES AND AGREEMENTS
Section 308 is identical to Sec. 305 of the Senate
amendment. The House had no similar provision. The House
recedes.
The managers note that section 308 applies only to
intelligence activities of the United States. By its clear
terms, this provision deals solely with the application of U.S.
law to U.S. intelligence activities. Unquestionably, it does
not address the issue of the lawfulness of such activities
under the laws of foreign countries. It is also not meant to
suggest that a person violating the laws of the United States
may claim any authorization from a foreign government as
justification for a violation of a U.S. law, or as a defense in
a prosecution for such violation.
SEC. 309. LIMITS ON HANDLING, RETENTION, AND STORAGE OF CERTAIN
CLASSIFIED MATERIALS BY THE DEPARTMENT OF STATE
Section 309 is identical to Section 306 of the Senate
amendment. The House addressed this issue in the classified
annex to the report accompanying the bill H.R. 4392, but had no
similar statutory proposal. The House recedes.
SEC. 310. DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE
Section 310 is nearly identical to Section 309 of the
Senate amendment. The House had no similar provision. The House
recedes, with technical amendments. The managers agreed to
technical modifications pertaining to the exact description and
location of the parcel of land in Washington, D.C., to be
designated in honor of the retiring senior Senator from the
State of New York.
SEC. 311. NATIONAL SECURITY AGENCY VOLUNTARY SEPARATION PAY ACT
Neither the House bill nor the Senate amendment contained
similar provisions.
Section 311 establishes the ``National Security Agency
Voluntary Separation Act.'' This provision grants to the
Director of the National Security Agency (NSA) the authority to
establish a program for early retirement and voluntary
separation pay for NSA employees. The provision allows the
Director to either offer early retirement for employees who are
at least 50 years of age and have 20 years of service, or who
have at least 25 years of service, regardless of age. The
Director is also permitted to offer $25,000 in separation pay
to eligible applicants. The Director is empowered to deny an
employee's application for benefit under this section.
The NSA is in a unique period of transition, the success
of which will affect the overall capabilities of the
Intelligence Community for the next several decades. The
Director of Central Intelligence has claimed that the
modernization of NSA is his number one priority. There are
several aspects to the NSA modernization effort that range from
overhauling technical collection, to restructuring acquisition,
to new personnel programs, including major outsourcing
initiatives. The Director needs the flexibility to institute
whatever personnel changes he deems necessary if NSA
modernization is to be successful. This provision will give him
that needed flexibility. This section is modeled after the CIA
Voluntary Separation Pay Act (Public Law 103-36).
The managers understand that such authority could be seen
as setting a precedent, and that other agencies may wish to
have such authorities as well. In the managers' view, the
situation at NSA is unique, not only in the enormity of the
task of modernization, but also in the direct impact on
national security should NSA modernization fail. Therefore, the
managers believe that this is a necessary step to take for the
specific circumstance confronting the NSA.
Subtitle B--Diplomatic Telecommunications Service Program Office (DTS-
PO)
SEC. 321. REORGANIZATION OF DIPLOMATIC TELECOMMUNICATIONS SERVICE
PROGRAM OFFICE
Section 321 reorganizes the Diplomatic Telecommunications
Service Program Office (DTS-PO). The managers agree that the
current DTS-PO management and Diplomatic Telecommunication
Service (DTS) operations structure is fundamentally flawed and
believe that a new construct for managing the DTS is necessary.
They further agree that retaining the current DTS-PO
organization, but with a new management approach, is the best
means for improving DTS support to all U.S. government users.
Funding has been authorized in this legislation for the
purposes of overhauling the DTS-PO management and correcting
communications and security deficiencies within the DTS.
The current organizational structure requires that both
the DTS-PO Director and Deputy Director concur on technical,
funding, and operational issues before actions can be taken.
This management-by-consensus approach abrogates the authority
of the Director to make final decisions. It is clear to the
managers that this management approach is not working, and that
the parent organizations inherently lack the ability, and the
will, to work together to resolve their mutual DTS issues of
concern. Further, it is clear to the managers that the Office
of Management and Budget has been frustrated in its obligations
to ensure that executive branch organizations work together. Of
significant concern is that, as currently operated, DTS-PO has
exhibited substantial interruptions in service and presents
serious security concerns for the protection of sensitive
government communications. Because of these concerns, the
managers, and the Chairmen and Ranking Minority Members of the
other committees of jurisdiction, believe that a new management
structure for DTS-PO is required and decidedly overdue.
Similarly, they are of the view that a transition to a more
modern and effective telecommunications system, based on
commercial best-business practices, is warranted.
SEC. 322. CHIEF EXECUTIVE OFFICER AND OTHER DTS-PO PERSONNEL
Section 322 establishes the position of Chief Executive
Officer (CEO) and a DTS board of directors. The CEO is to be
ultimately responsible for the management of the DTS-PO and
operation of the DTS. The managers direct the OMB to recruit
and hire a communications professional from outside the DTS-PO
and the U.S. government for appointment as the CEO. This
appointment is to be made no later than May 1, 2001. The CEO is
granted the authorities necessary for managing, ensuring
funding for, and operating the DTS, the DTS-PO, and their
personnel. It is the managers' intent that the CEO will be the
final decision authority for implementing necessary changes to
the DTS, and for managing all communications, technology, and
security upgrades to satisfy DTS United States user
requirements. The managers further direct the CEO to certify
that the operational and security requirements and practices of
DTS conform to the highest security requirements and practices
required by any U.S. government agency utilizing the DTS.
Consistent with Section 305 of the ``Admiral James W.
Nance and Meg Donovan Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001'' (section 305 of appendix G of
Public Law 106-113), the CEO shall: (1) ensure that those
enhancements of, and the provision of service for,
telecommunications capabilities that involve the national
security interests of the United States receive the highest
prioritization; (2) confirm the termination of all leases for
satellite systems located at posts in criteria countries,
unless all maintenance and servicing of the satellite system is
undertaken by United States citizens who have received
appropriate security clearances; and (3) implement a system of
charges for utilization of bandwidth by all participating
agencies, and institute a comprehensive charge-back system to
recover all, or substantially all, of the other costs of
telecommunications services provided through the DTS to each
agency.
Beginning August 1, 2001, and every six months
thereafter, the CEO shall submit a report to the oversight
committees regarding the activities of DTS-PO during the
preceding six months, the current capabilities of DTS-PO, and
the priorities of DTS-PO for the subsequent six month period.
The semi-annual report shall include a discussion of any
administrative, budgetary, legislative, or management issues
that hinder the ability of DTS-PO to fulfill its mandate.
Upon the appointment of a CEO on May 1, 2001, the current
positions of Director and Deputy Director of DTS-PO shall be
eliminated. To assist the CEO, and to perform such duties as
the CEO may require, there shall be two Deputy Executive
Officers. The DTS-PO management staff will consist of not more
than four other employees. The Director of the Office of
Management and Budget (OMB) shall prescribe the rates of basic
pay for the CEO, the two Deputy Executive Officers, and any
other DTS-PO employees.
SEC. 323. DIPLOMATIC TELECOMMUNICATIONS SERVICE OVERSIGHT BOARD
Section 323 establishes a Diplomatic Telecommunications
Service Oversight Board (``the Board''). The Board shall
perform an oversight function with respect to DTS, DTS-PO, and
the CEO. Specifically, the Board shall be empowered to review
and approve: overall strategies, policies and goals established
by DTS-PO; financial plans, budgets and periodic financing
requests developed by DTS-PO; overall performance relative to
approved budget plans; any DTS-PO reports, documents, and
records; and audits of DTS-PO. The CEO will be responsible to
this three-member board, which will be chaired by the Deputy
Director of OMB. The two other board members shall be appointed
by the President, as indicated in the classified annex to this
bill. Decisions and directives of the Board shall require a
majority vote of the Board. Although the Board will exercise
oversight of, and provide management direction to, the CEO, the
managers have authorized the CEO to control the day-to-day
management and operations of DTS-PO and the DTS.
SEC. 324. REPORTING REQUIREMENTS AND GENERAL PROVISIONS
Section 324 requires that the Director of the OMB submit
a report to the oversight committees not later than March 1,
2001. This report shall provide details on steps taken by the
executive branch to restructure DTS-PO's management, to enhance
the security practices of agencies participating in the DTS,
and to develop a spending plan for the additional funds
provided for the operation and improvement of DTS for fiscal
year 2001.
The managers have determined that the most flexible
procurement authority available to DTS-PO users shall be
available to the DTS-PO. The notification requirements of
sections 502, 504, and 505 of the National Security Act of
1947, as amended (50 U.S.C. 413a, 414, and 415, respectively)
shall apply to DTS-PO, the CEO, and the Board.
It is the intent of Congress that the CEO shall have
total and immediate insight into the complete operations of
current and future DTS-PO and DTS operations. The managers
expect the Secretary of State and the head of the other agency
users to ensure this access. Likewise, Congress intends that
the CEO can request the assistance of the Inspectors General of
any agency user of the DTS and DTS-PO. The CEO should receive
all reports from the IGs that relate to security of applicable
overseas facilities and the DTS.
It is the intent of Congress that the Secretary of State,
and the head of any other agency user of DTS, shall support the
decisions and recommendations of the CEO in keeping with the
current operation and transition of the DTS system. The CEO is
expected to report any difficulties or obstacles presented by
the agency users of the DTS in the implementation of these
provisions.
Title IV--Central Intelligence Agency
SEC. 401. MODIFICATIONS TO CENTRAL INTELLIGENCE AGENCY'S CENTRAL
SERVICE PROGRAM
Section 401 is similar to Section 401 of the House bill
and Section 403 of the Senate Amendment. The Senate recedes,
with a technical modification.
There is concern among the managers relating to the costs
levied by the Central Services Program upon the Langley
Children's Center. These costs, for various and miscellaneous
items or services provided by the Central Services Program to
the non-profit Center, seem overly burdensome. The Center is of
great utility to the dedicated and hard-working parents
employed by the CIA. It is the expectation of the managers that
the Central Services Program, in an effort to recoup costs,
would not impose costs that would have an adverse impact on the
continuity of the services provided by the Langley Children's
Center.
SEC. 402. TECHNICAL CORRECTIONS
The House bill and the Senate amendment contained similar
provisions. The Senate recedes to the House, with technical
modifications.
SEC. 403. EXPANSION OF INSPECTOR GENERAL ACTIONS REQUIRING A REPORT TO
CONGRESS
Section 403 is similar to Section 401 of the Senate
amendment. The House had no similar provision. The House
recedes, with technical modifications.
The conferees intend that this additional reporting
requirement identified in the new Section 17(d)(3)(B) will
arise when an investigation, inspection, or audit carried out
by the Inspector General focuses upon the official identified
in (i) or (ii), specifically, as opposed to an investigation,
inspection, or audit of the office that the official heads,
with only incidental references to the official.
SEC. 404. DETAIL OF EMPLOYEES TO THE NATIONAL RECONNAISSANCE OFFICE
Section 404 is identical to Section 404 of the Senate
amendment. The House had no similar provision. The House
recedes. The managers request that the DCI supply the
intelligence committees with a report to be submitted annually,
beginning October 1, 2001, that includes the number of
detailees assigned pursuant to this provision and a description
of the positions filled by the detailees.
SEC. 405. TRANSFERS OF FUNDS TO OTHER AGENCIES FOR ACQUISITION OF LAND
Section 405 is similar to Section 405 of the Senate
amendment. The House had no similar provision. The House
recedes, with a technical amendment.
SEC. 406. ELIGIBILITY OF ADDITIONAL EMPLOYEES FOR REIMBURSEMENT FOR
PROFESSIONAL LIABILITY INSURANCE
Section 406 is identical to Section 406 of the Senate
amendment. The House had no similar provision. The House
recedes.
Title V--Department of Defense Intelligence Activities
SEC. 501. CONTRACTING AUTHORITY FOR THE NATIONAL RECONNAISSANCE OFFICE
Section 501 is similar to Section 502 of the House bill.
The Senate amendment had no similar provision. The Senate
recedes, with a technical amendment.
SEC. 502. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN EXPERIMENTAL
PERSONNEL PROGRAM FOR CERTAIN SCIENTIFIC AND TECHNICAL PERSONNEL
Section 502 is identical to Section 502 of the Senate
amendment. The House had no similar provision. The House
recedes.
SEC. 503. MEASUREMENT AND SIGNATURE INTELLIGENCE
Section 503 is identical to Section 506 of the Senate
amendment. The House had no similar provision. The House
recedes.
Title VI--Counterintelligence Matters
The ``Counterintelligence Reform Act of 2000''
Title VI includes Title VI of the Senate amendment. This
language is similar to S. 2089, introduced on February 24,
2000. The bill was reported by the Senate Select Committee on
Intelligence on July 20, 2000 (S. Report No. 106-352). The
Senate Judiciary Committee had previously acted favorably upon
the bill. The House had no similar provision. The House
recedes, with minor modifications.
Title VI, as passed by the Senate on October 2, 2000,
included a limitation on the obligation and expenditure of
funds authorized to be appropriated for fiscal year 2001 for
the Office of Intelligence Policy and Review (OIPR) within the
Department of Justice until two reports were submitted to the
appropriate committees. These reports were to describe the use
to which the funds would be put in order to improve the
efficiency of the FBI and the OIPR in the application and
implementation process under the Foreign Intelligence
Surveillance Act. In anticipation of passage of the Senate
amendment, the Department of Justice submitted a draft version
of the required reports to the congressional committees. Given
the prompt response, the limitation for the obligation and
expenditure of fiscal year 2001 funds is removed. The managers
have left in place, however, the similar limitation on funds
for fiscal years 2002 and 2003, pending the receipt of the
recurring annual report required by section 606(b)(2).
Title VII--Declassification of Information
``The Public Interest Declassification Act''
Title VII includes Title VIII of the Senate amendment.
This title was based on the bills H.R. 3152 and S. 1801,
introduced in the House and Senate in the 106th Congress,
respectively. The House had no similar provision. The House
recedes, with technical amendments.
Section 701 states that the title may be cited as the
``Public Interest Declassification Act of 2000.'' Section 702
makes findings concerning the importance of public access to
information that does not require continued protection to
maintain the national security interests of the United States.
Section 703 establishes a nine-person board to advise the
President and other senior executive branch officials on
classification and declassification policies, particularly on
policies concerning the systematic, thorough, coordinated, and
comprehensive review for declassification of records and
materials that are of archival value, including records and
materials of extraordinary public interest. The Board is also
charged with promoting the fullest possible public access to a
thorough, accurate, and reliable documentary record of
significant US national security decisions and significant US
national security activities.
Section 704 sets forth the requirement that heads of
agencies with the authority to classify information must brief
the Board on an annual basis, at the request of the Board or
the intelligence oversight committees, on such agency's
declassification policies and practices. The Board is to
provide the agency with its recommendations on how the agency's
declassification program could be improved. The Board is also
responsible for making recommendations to the President on
initiatives to identify, collect, and review for
declassification classified records and materials of
extraordinary public interest. The section also requires the
Director of the Office of Management and Budget to publish a
description of the President's declassification program and
priorities, together with a listing of funds requested to
implement that program, concurrent with the submission to
Congress of the President's budget each fiscal year.
Sections 705, 706, and 707 set forth the standards
governing access to and protection of national security
information and other information covered under this title.
Section 708 provides an authorization of appropriations for the
Board. Section 709 sets forth definitions of the terms used in
Title VII. The effective date of Title VII is 120 days after
the date of enactment of the Act. The provisions of the title
expire four years after the date of enactment of the Act.
Title VIII--Disclosure of Information on Japanese Imperial Government
The ``Nazi War Crimes and Japanese Imperial Government Disclosure Act
of 2000''
Title VIII is similar to title VII of the Senate
amendment, which was identical to the language of H.R. 3561 and
S. 1902. The House had no similar provision. The House recedes,
with modifications.
The modifications require that the interagency working
group established pursuant to the Nazi War Crimes Disclosure
Act of 1999 (P.L. 105-246) be expanded and assigned the
responsibility of also carrying out the requirements of this
title. The managers decided this was the most cost-effective
approach, rather than establishing a new interagency working
group.
From the Permanent Select Committee on
Intelligence, for consideration of the House
bill and the Senate amendment, and
modifications committed to conference:
Porter J. Goss,
Jerry Lewis,
Bill McCollum,
Michael N. Castle,
Sherwood L. Boehlert,
C.F. Bass,
Jim Gibbons,
Ray LaHood,
Heather Wilson,
Julian C. Dixon,
Sanford D. Bishop, Jr.,
Norman Sisisky,
Gary A. Condit,
Tim Roemer,
Alcee L. Hastings,
From the Committee on Armed Services, for
consideration of defense tactical intelligence
and related activities:
Floyd Spence,
Bob Stump,
Ike Skelton,
Managers on the Part of the House.
Richard C. Shelby,
Richard G. Lugar,
Jon Kyl,
James Inhofe,
Orrin G. Hatch,
Pat Roberts,
Connie Mack,
From the Committee on Armed Services:
John Warner,
Richard H. Bryan,
Bob Graham,
John F. Kerry,
Max Baucus,
Chuck Robb,
Frank R. Lautenberg,
Managers on the Part of the Senate.
