Congressional Record: November 13, 2000 (House)
Page H11852-H11865
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2001--VETO MESSAGE FROM THE PRESIDENT OF THE UNITED STATES The SPEAKER pro tempore laid before the House the following veto message from the President of the United States: To the House of Representatives: Today, I am disapproving H.R. 4392, the "Intelligence Authorization Act for Fiscal Year 2001," because of one badly flawed provision that would have made a felony of unauthorized disclosures of classified information. Although well intentioned, that provision is overbroad and may unnecessarily chill legitimate activities that are at the heart of a democracy. I agree that unauthorized disclosures can be extraordinarily harmful to United States national security interests and that far too many such disclosures occur. I have been particularly concerned about their potential effects on the sometimes irreplaceable intelligence sources and methods on which we rely to acquire accurate and timely information I need in order to make the most appropriate decisions on matters of national security. Unauthorized disclosures damage our intelligence relationships abroad, compromise intelligence gathering, jeopardize lives, and increase the threat of terrorism. As Justice Steward stated in the Pentagon Papers case, "it is elementary that the successful conduct of international diplomacy and the maintenance of an effective national defense require both confidentiality and secrecy. Other nations can hardly deal with this Nation in an atmosphere of mutual trust unless they can be assured that their confidences will be kept . . . and the development of considered and intelligent international policies would be impossible if those charged with their formulation could not communicate with each other freely." Those who disclose classified information inappropriately thus commit a gross breach of the public trust and may recklessly put our national security at risk. To the extent that existing sanctions have proven insufficient to address and deter unauthorized disclosures, they should be strengthened. What is in dispute is not the gravity of the problem, but the best way to respond to it. In addressing this issue, we must never forget that the free flow of information is essential to a democratic society. Justice Stewart also wrote in the Pentagon Papers case that "the only effective restraint upon executive policy in the areas of national defense and international affairs may lie in an enlightened citizenry--in an informed and critical public opinion which alone can here protect the values of democratic government." Justice Brandeis reminded us that "those who won our independence believed . . . that public discussion is a political duty; and that this should be a fundamental principle of the American government," His words caution that we must always tread carefully when considering measures that may limit public discussion--even when those measures are intended to achieve laudable, indeed necessary, goals. As President, therefore, it is my obligation to protect not only our Government's vital information from improper disclosure, but also to protect the rights of citizens to receive the information necessary for democracy to work. Furthering these two goals requires a careful balancing, which must be assessed in light of our system of classifying information over a range of categories. This legislation does not achieve the proper balance. For example, there is a serious risk that this legislation would tend to have a chilling effect on those who engage in legitimate activities. A desire to avoid the risk that their good faith choice of words--their exercise of judgment--could become the subject of a criminal referral for prosecution might discourage Government officials from engaging even in appropriate public discussion, press briefings, or other legitimate official activities. Similarly, the legislation may unduly restrain the ability of former Government officials to teach, write, or engage in any activity aimed at building public understanding of complex issues. Incurring such risks is unnecessary and inappropriate in a society built on freedom of expression and the consent of the governed and is particularly inadvisable in a context in which the range of classified materials is so extensive. In such circumstances, this criminal provision would, in my view, create an undue chilling effect. The problem is compounded because this provision was passed without benefit of public hearings--a particular concern given that is is the public that this law seeks ultimately to protect. The Administration shares the process burden since its deliberations lacked the thoroughness this provision warranted, which in turn led to a failure to apprise the Congress of the concerns I am expressing today. I deeply appreciate the sincere efforts of Members of Congress to address [[Page H11853]] the problem of unauthorized disclosures and I fully share their commitment. When the Congress returns, I encourage it to send me this bill with this provision deleted and I encourage the Congress as soon as possible to pursue a more narrowly drawn provision tested in public hearings so that those they represent can also be heard on this important issue. Since the adjournment of the congress has prevented my return of H.R. 4392 within the meaning of Article I, section 7, clause 2 of the Constitution, my withholding of approval from the bill precludes its becoming law. The Pocket Veto Case, 279 U.S. 655 (1929). In addition to withholding my signature and thereby invoking my constitutional power to "pocket veto" bills during an adjournment of the Congress, to avoid litigation, I am also sending H.R. 4392 to the House of Representatives with my objections, to leave no possible doubt that I have vetoed the measure. William J. Clinton. The White House, November 4, 2000. {time} 1845 The SPEAKER pro tempore (Mr. Pease). The objections of the President will be spread at large upon the Journal, and the veto message and the bill will be printed as a House document. On September 19, 2000, the Speaker inserted in the Extensions of Remarks portion of the Record a copy of a letter dated September 7, 2000, signed jointly by him and the Democratic leader and addressed to the President of the United States, expressing their views on the limits of the "pocket-veto" power and including a similar letter from Speaker Foley and Republican leader Michel sent to President Bush on November 21, 1989. Without objection, that correspondence is reinserted at this point in the Record, since no response has been received to the September 7, 2000, letter and the same assertion by the President of "pocket-veto" power during an intrasession adjournment of Congress to a day certain is contained in the veto message just read to the House. Congress of the United States, House of Representatives, Washington, DC, September 7, 2000. Hon. William J. Clinton, The President, The White House, Washington, DC. Dear Mr. President: This is in response to your actions on H.R. 4810, the Marriage Tax Relief Reconciliation Act of 2000, and H.R. 8, the Death Tax Elimination Act of 2000. On August 5, 2000, you returned H.R. 4810 to the House of Representatives without your approval and with a message stating your objections to its enactment. On August 31, 2000, you returned H.R. 8 to the House of Representatives without your approval and with a message stating your objections to its enactment. In addition, however, in both cases you included near the end of your message the following: Since the adjournment of the Congress has prevented my return of [the respective bill] within the meaning of Article I, section 7, clause 2 of the Constitution, my withholding of approval from the bill precludes its becoming law. The Pocket Veto Case, 279 U.S. 655 (1929). In addition to withholding my signature and thereby invoking my constitutional power to "pocket veto" bills during an adjournment of the Congress, to avoid litigation, I am also sending [the respective bill] to the House of Representatives with my objections, to leave no possible doubt that I have vetoed the measure. President Bush similarly asserted a pocket-veto authority during an intersession adjournment with respect to H.R. 2712 of the 101st Congress but, by nevertheless returning the enrollment, similarly permitted the Congress to reconsider it in light of his objections, as contemplated by the Constitution. Your allusion to the existence of a pocket-veto power during even an intrasession adjournment continues to be most troubling. We find that assertion to be inconsistent with the return-veto that it accompanies. We also find that assertion to be inconsistent with your previous use of the return-veto under similar circumstances but without similar dictum concerning the pocket-veto. On January 9, 1996, you stated your disapproval of H.R. 4 of the 104th Congress and, on January 10, 1996--the tenth Constitutional day after its presentment--returned the bill to the Clerk of the House. At the time, the House stood adjourned to a date certain 12 days hence. Your message included no dictum concerning the pocket- veto. We enclose a copy of a letter dated November 21, 1989, from Speaker Foley and Minority Leader Michel to President Bush. That letter expressed the profound concern of the bipartisan leaderships over the assertion of a pocket veto during an intrasession adjournment. That letter states in pertinent part that "[s]uccessive Presidential administrations since 1974 have, in accommodation of Kennedy v. Sampson, exercised the veto power during intrasession adjournments only by messages returning measures to the Congress." It also states our belief that it is not "constructive to resurrect constitutional controversies long considered as settled, especially without notice or consultation." The Congress, on numerous occasions, has reinforced the stance taken in that letter by including in certain resolutions of adjournment language affirming to the President the absence of "pocket veto" authority during adjournments between its first and second sessions. The House and the Senate continue to designate the Clerk of the House and the Secretary of the Senate, respectively, as their agents to receive messages from the President during periods of adjournment. Clause 2(h) of rule II, Rules of the House of Representatives; House Resolution 5, 106th Congress, January 6, 1999; the standing order of the Senate of January 6, 1999. In Kennedy v. Sampson, 511 F.2d 430 (D.C. Cir. 1974), the court held that the "pocket veto" is not constitutionally available during an intrasession adjournment of the Congress if a congressional agent is appointed to receive veto messages from the President during such adjournment. On these premises we find your assertion of a pocket veto power during an intrasession adjournment extremely troublesome. Such assertions should be avoided, in appropriate deference to such judicial resolution of the question as has been possible within the bounds of justifiability. Meanwhile, citing the precedent of January 23, 1990, relating to H.R. 2712 of the 101st Congress, the House yesterday treated both H.R. 4810 and H.R. 8 as having been returned to the originating House, their respective returns not having been prevented by an adjournment within the meaning of article I, section 7, clause 2 of the Constitution. Sincerely, J. Dennis Hastert, Speaker. Richard A. Gephardt, Democratic Leader. ____ Congress of the United States, Washington, DC, November 21, 1989. Hon. George Bush, President of the United States, The White House, Washington, DC. Dear Mr. President: This is in response to your action on House Joint Resolution 390. On August 16, 1989, you issued a memorandum of disapproval asserting that you would "prevent H.J. Res. 390 from becoming a law by withholding (your) signature from it." You did not return the bill to the House of Representatives. House Joint Resolution 390 authorized a "hand enrollment" of H.R. 1278, the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, by waiving the requirement that the bill be printed on parchment. The hand enrollment option was requested by the Department of the Treasury to insure that the mounting daily costs of the savings-and-loan crisis could be stemmed by the earliest practicable enactment of H.R. 1278. In the end, a hand enrollment was not necessary since the bill was printed on parchment in time to be presented to you in that form. We appreciate your judgment that House Joint Resolution 390 was, in the end, unnecessary. We believe, however, that you should communicate any such veto by a message returning the resolution to the Congress since the intrasession pocket veto is constitutionally infirm. In Kennedy v. Sampson, the United States Court of Appeals held that "pocket veto" is not constitutionally available during an intrasession adjournment of the Congress if a congressional agent is appointed to receive veto messages from the President during such adjournment. 511 F.2d 430 (D.C. Cir. 1974). In the standing rules of the House, the Clerk is duly authorized to receive messages from the President at any time that the House is not in session. (Clause 5, Rule III, Rules of the House of Representatives; House Resolution 5, 101st Congress, January 3, 1989.) Successive Presidential administrations since 1974 have, in accommodation of Kennedy v. Sampson, exercised the veto power during intrasession adjournments only by messages returning measures to the Congress. We therefore find your assertion of a pocket veto power during an intrasession adjournment extremely troublesome. We do not think it constructive to resurrect constitutional controversies long considered as settled, especially without notice of consultation. It is our hope that you might join us in urging the Archivist to assign a public law number to House Joint Resolution 390, and that you might eschew the notion of an intrasession pocket veto power, in appropriate deference to the judicial resolution of that question. Sincerely, Thomas S. Foley, Speaker. Robert H. Michel, Republican Leader. There was no objection. Mr. GOSS. Mr. Speaker, I ask unanimous consent that the message, together with the accompanying bill, be referred to the Permanent Select Committee on Intelligence. [[Page H11854]] The SPEAKER pro tempore. Is there objection to the request of the gentleman from Florida? There was no objection. Mr. GOSS. Mr. Speaker, I ask unanimous consent that the House discharge the Permanent Select Committee on Intelligence from further consideration of, and hereby pass, H.R. 5630. The Clerk read the title of the bill. The text of H.R. 5630 is as follows: H.R. 5630 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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. National Security Agency voluntary separation. Sec. 305. Authorization for travel on any common carrier for certain intelligence collection personnel. Sec. 306. Update of report on effects of foreign espionage on United States trade secrets. Sec. 307. POW/MIA analytic capability within the intelligence community. Sec. 308. 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. 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 (House Report 106- 969). (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, [[Page H11855]] 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. 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 [[Page H11856]] 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.". 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. [[Page H11857]] (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. 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. [[Page H11858]] (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 two 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), two Deputy Executive Officers established under subsection (b), and not more than four other employees. (2) Applicability of certain civil service laws.--The CEO and other officers and employees of DTS-PO may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (3) Authority of director of omb to prescribe pay of employees.--The Director of the Office of Management and Budget shall prescribe the rates of basic pay for positions to which employees are appointed under this section on the basis of their unique qualifications. (e) Staff of Federal Agencies.-- (1) In general.--Upon request of the CEO, the head of any Federal department or agency may detail, on a 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 three members as follows: (i) The Deputy Director of the Office of Management and Budget. (ii) Two members to be appointed by the President. (B) Chairperson.--The chairperson of the Board shall be the Deputy Director of the Office of Management and Budget. (C) Terms.--Members of the Board appointed by the President shall serve at the pleasure of the President. (D) Quorum required.--A quorum shall consist of all members of the Board and all decisions of the Board shall require a majority vote. (4) Prohibition on compensation.--Members of the Board may not receive additional pay, allowances, or benefits by 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[Congressional Recor (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); [[Page H11859]] "(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 [[Page H11860]] 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 [[Page H11861]] 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 4 years; (ii) one shall be appointed for a term of 3 years; and (iii) one shall be appointed for a term of 2 years. (B) The members initially appointed to the Board by the Speaker of the House of Representatives or by the majority leader of the Senate shall be appointed for a term of 3 years. (C) The members initially appointed to the Board by the minority leader of the House of Representatives or the Senate shall be appointed for a term of 2 years. (D) Any subsequent appointment to the Board shall be for a term of 3 years. (3) A vacancy in the Board shall be filled in the same manner as the original appointment. A member of the Board appointed to fill a vacancy before the expiration of a term shall serve for the remainder of the term. (4) A member of the Board may be appointed to a new term on the Board upon the expiration of the member's term on the Board, except that no member may serve more than three full terms on the Board. (d) Chairperson; Executive Secretary.--(1)(A) The President shall designate one of the members of the Board as the Chairperson of the Board. (B) The term of service as Chairperson of the Board shall be 2 years. (C) A member serving as Chairperson of the Board may be redesignated as Chairperson of the Board upon the expiration of the member's term as Chairperson of the Board, except that no member shall serve as Chairperson of the Board for more than 6 years. (2) The Director of the Information Security Oversight Office shall serve as the Executive Secretary of the Board. (e) Meetings.--The Board shall meet as needed to accomplish its mission, consistent with the availability of funds. A majority of the members of the Board shall constitute a quorum. (f ) Staff.--Any employee of the Federal Government may be detailed to the Board, with the agreement of and without 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 [[Page H11862]] 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 2 fiscal years. Agency briefings and reports shall give particular attention to progress on the declassification of records and materials that are of archival value or extraordinary public interest to the people of the United States. (2)(A) The annual briefing and report under paragraph (1) for agencies within the Department of Defense, including the 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 [[Page H11863]] such records or materials in accordance with the provisions of Executive Order No. 12958 or any successor order to such Executive order. (d) Discretion To Protect.--At the conclusion of a declassification review, the head of an agency may, in the discretion of the head of the agency, determine that the interest of the agency in the protection of records or materials of the agency covered by such review, and still properly classified, outweighs the public's need for access to such records or materials, and may deny release of such records or materials in accordance with the provisions of Executive Order No. 12958 or any successor order to such Executive order. (e) Reports.--(1)(A) Except as provided in 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 4 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, incl[Congressional Recor Government Reform and [[Page H11864]] 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. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Florida? Mr. DIXON. Mr. Speaker, reserving the right to object, and I shall not object, I yield to the gentleman from Florida so that he might explain more fully what he is requesting of the House. Mr. GOSS. Mr. Speaker, I thank my friend, the ranking member, for yielding; and I would be happy to explain the request. As Members have just heard, the President vetoed the intelligence authorization bill, H.R. 4392. In doing so, the President cited a single provision, the prohibition on unauthorized disclosure of classified information, which we have just heard in the reading, as well intentioned but unacceptable in its current form. It is worth noting that the President accepted a share of the blame for the administration's, and I quote, "failure to apprise the Congress of the concerns" he expressed in his veto message as the bill was making its way through the legislative process. But the veto message concludes by encouraging Congress to, and again I quote, "send me this bill with this provision deleted." So at this late date, it is my belief that the best course of action is to do just that, to remove the one provision and send the authorization back to the President for his signature. The bill before us, H.R. 5630, is identical to the version of H.R. 4392 that passed the House and the Senate on October 12 of this year with one major exception. The language, formerly section 304, prohibiting the unauthorized disclosure of classified information has been removed in its entirety. All the other provisions remain the same. I would stress that it is my intent that the provisions in H.R. 5630 be implemented in accordance with the recommendations contained in the conference report that accompanied H.R. 4392. Passage of H.R. 5630 by the House today would send the revised version of the fiscal year 2001 Intelligence Authorization Act to the Senate for what I hope will be a speedy consideration and passage in that body. I want to thank the gentleman from California (Mr. Dixon), the ranking member, along with the gentleman from California (Mr. Lewis), the vice chairman, our appropriator, for cosponsoring H.R. 5630. I believe that all we want is to get this important bill back to the President for his signature. Mr. DIXON. Mr. Speaker, further reserving the right to object, I yield to the gentleman from New York (Mr. Nadler) for a colloquy with the chairman of the committee. Mr. NADLER. Mr. Speaker, one provision in this bill purports to expand the Nazi War Criminal Records Disclosure Act to include war crimes committed by the Imperial Japanese during World War II. The problem with this, as I see it, is that under title VIII of the bill, the CIA is given the power to exempt automatically all its operational files on Japanese war criminals from declassification. So it seems that the bill, or the conference report, sets up a double standard. CIA operational files relating to Nazi war crimes must be disclosed, but CIA operational files relating to Japanese war crimes may be absolutely shielded from disclosure. In addition to that, some people read title VIII as shielding Nazi war crimes operational files from disclosure as well since title VIII explicitly covers allies of Imperial Japan, and Nazi Germany obviously was an ally of Imperial Japan. Now, I know that the intent of the sponsors of the bill and the intent of the bill is to expand the Nazi War Crimes Disclosure Act to cover Japanese war crimes. I am somewhat concerned that inadvertently it may be shielding operational files of the CIA with respect to Japanese war crimes and maybe even going so far as to shield that with respect to Nazi war crimes. I would ask the gentleman what he can tell me to assure me that obviously it is not the intent or that this is not the effect. Mr. GOSS. Mr. Speaker, if the gentleman from California will yield, I am very happy to confirm exactly that point. That is not the intent, to create a double standard. The intent was to create a uniformity of protection for classified information. We think we got it right. If it turns out that is wrong and there is something demonstrable, obviously we are prepared to go back and reaffirm our intent and make sure that that intent happens. There is no double standard. I think we discussed this not only in committee but in the discussion on the floor when we passed the bill. I think my comments are consistent, and, I hope, helpful. Mr. NADLER. I thank the gentleman. I trust he will look into this because I am reflecting the concerns of one of the authors of the original Nazi War Crimes Disclosure Act, a former Member of this body, Liz Holtzman, who sent me a memo on this and called my office about it. It does seem to give a shield to operational details of the CIA with respect to Japanese war crimes. I can think of no reason. I cannot imagine that an American spy against [[Page H11865]] Japan in World War II needs protection from disclosure at this point. If that were disclosed, he would probably be a hero. The Imperial Japanese are not looking for him at this point. So I hope that this will be looked into in conference and corrected if need be. Mr. GOSS. If the gentleman will continue to yield, I want to assure the gentleman that I believe this is a nonproblem. If it turns out I am wrong, and I do not think I will be, I will be certainly a part of the solution. Mr. NADLER. I thank the gentleman. Mr. DIXON. Mr. Speaker, further reserving the right to object, I believe it is important to underscore the point the gentleman from Florida (Mr. Goss) has made. It is certainly my expectation that the recommendations contained in the Statement of Managers which accompanied the conference report on H.R. 4392 will be accorded the same weight by the executive branch interpreting H.R. 5630 as would have been the case had H.R. 4392 been enacted. The Statement of Managers reflects the intent of Congress on how intelligence programs and activities authorized for fiscal year 2001 are to be conducted. Mr. Speaker, I withdraw my reservation of objection. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Florida? There was no objection. ____________________