Home > 106th Congressional Bills > S. 2089 (rs) To amend the Foreign Intelligence Surveillance Act of 1978 to modify procedures relating to orders for surveillance and searches for foreign intelligence purposes, and for other purposes. [Reported in Senate] ...S. 2089 (rs) To amend the Foreign Intelligence Surveillance Act of 1978 to modify procedures relating to orders for surveillance and searches for foreign intelligence purposes, and for other purposes. [Reported in Senate] ...
106th CONGRESS
2d Session
S. 2089
To amend the Foreign Intelligence Surveillance Act of 1978 to modify
procedures relating to orders for surveillance and searches for foreign
intelligence purposes, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 24, 2000
Mr. Specter (for himself, Mr. Torricelli, Mr. Thurmond, Mr. Biden, Mr.
Grassley, Mr. Feingold, Mr. Helms, Mr. Schumer, Mr. Sessions, and Mr.
Leahy) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
May 23, 2000
Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
May 23, 2000
Referred to the Select Committee on Intelligence, pursuant to section
3(b) of Senate Resolution 400, 94th Congress, for a period not to
exceed 30 days of session
_______________________________________________________________________
A BILL
To amend the Foreign Intelligence Surveillance Act of 1978 to modify
procedures relating to orders for surveillance and searches for foreign
intelligence purposes, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Counterintelligence Reform
Act of 2000''.</DELETED>
<DELETED>SEC. 2. CIRCUMSTANCES ESTABLISHING PROBABLE CAUSE FOR ISSUANCE
OF ORDERS FOR ELECTRONIC SURVEILLANCE UNDER FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.</DELETED>
<DELETED> (a) Past Activities.--Section 105 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805) is amended--
</DELETED>
<DELETED> (1) by redesignating subsections (b), (c), (d),
(e), (f), and (g) as subsections (c), (d), (e), (f), (g), and
(h), respectively; and</DELETED>
<DELETED> (2) by inserting after subsection (a) the
following new subsection (b):</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Conforming Amendment.--Subsection (d) of that section,
as redesignated by subsection (a)(1) of this section, is amended by
striking ``subsection (b)(1)'' and inserting ``subsection
(c)(1)''.</DELETED>
<DELETED>SEC. 3. ORDERS FOR ELECTRONIC SURVEILLANCE UNDER FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.</DELETED>
<DELETED> (a) Description of Intelligence or Law-Enforcement
Activities of Certain Targets.--Section 104 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1804) is amended--</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by redesignating paragraphs (8), (9),
(10), and (11) as paragraphs (9), (10), (11), and (12),
respectively; and</DELETED>
<DELETED> (B) by inserting after paragraph (7) the
following new paragraph (8):</DELETED>
<DELETED> ``(8) in the case of an application covering a
target described in section 101(b)(2), a detailed description
of--</DELETED>
<DELETED> ``(A) any current relationship between the
target and any Federal intelligence, intelligence-
related, or law enforcement activity; and</DELETED>
<DELETED> ``(B) any prior relationship between the
target and any Federal intelligence, intelligence-
related, or law enforcement activity that is relevant
to a determination of probable cause under section
105;''; and</DELETED>
<DELETED> (2) in subsection (b), by striking ``(8), and
(11)'' and inserting ``(9), and (12)''.</DELETED>
<DELETED> (b) Additional Requirements Regarding Certain
Applications.--That section is further amended by adding at the end the
following new subsection:</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(B) An official referred to in subparagraph (A) may not
delegate the authority to make a request referred to in that
subparagraph.</DELETED>
<DELETED> ``(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. The Attorney
General may not delegate the responsibility set forth in the preceding
sentence.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.
Such official may not delegate the responsibility set forth in the
preceding sentence.''.</DELETED>
<DELETED>SEC. 4. ORDERS FOR PHYSICAL SEARCHES UNDER FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.</DELETED>
<DELETED> (a) Description of Intelligence or Law-Enforcement
Activities of Certain Targets.--Subsection (a) of section 303 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1823) is
amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (8) and (9) as
paragraphs (9) and (10), respectively; and</DELETED>
<DELETED> (2) by inserting after paragraph (7) the following
new paragraph (8):</DELETED>
<DELETED> ``(8) in the case of an application covering a
target described in section 101(b)(2), a detailed description
of--</DELETED>
<DELETED> ``(A) any current relationship between the
target and any Federal intelligence, intelligence-
related, or law enforcement activity; and</DELETED>
<DELETED> ``(B) any prior relationship between the
target and any Federal intelligence, intelligence-
related, or law enforcement activity that is relevant
to a determination of probable cause under section
304;''.</DELETED>
<DELETED> (b) Additional Requirements Regarding Certain
Applications.--That section is further amended by adding at the end the
following new subsection:</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(B) An official referred to in subparagraph (A) may not
delegate the authority to make a request referred to in that
subparagraph.</DELETED>
<DELETED> ``(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. The Attorney
General may not delegate the responsibility set forth in the preceding
sentence.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.
Such official may not delegate the responsibility set forth in the
preceding sentence.''.</DELETED>
<DELETED>SEC. 5. DISCLOSURE FOR LAW ENFORCEMENT PURPOSES OF INFORMATION
ACQUIRED UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978.</DELETED>
<DELETED> (a) Regulations Relating to Disclosure.--Not later than
180 days after the date of the enactment of this Act, the Attorney
General shall prescribe in regulations the following:</DELETED>
<DELETED> (1) The circumstances under which information
acquired pursuant to title I of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be
disclosed for law enforcement purposes under section 106(b) of
that Act (50 U.S.C. 1806(b)).</DELETED>
<DELETED> (2) The circumstances under which information
acquired pursuant to title III of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1821 et seq.) shall be
disclosed for law enforcement purposes under section 305(c) of
that Act (50 U.S.C. 1825(c)).</DELETED>
<DELETED> (3) The circumstances under which information
acquired pursuant to title IV of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1841 et seq.) shall be
disclosed for law enforcement purposes under section 405(b) of
that Act (50 U.S.C. 1845(b)).</DELETED>
<DELETED> (b) Submittal to Congress.--The Attorney General shall
submit to the Committees on the Judiciary of the Senate and House of
Representatives the regulations prescribed by the Attorney General
under subsection (a).</DELETED>
<DELETED>SEC. 6. COORDINATION OF COUNTERINTELLIGENCE WITH THE FEDERAL
BUREAU OF INVESTIGATION.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in paragraphs (1) and (2), by striking
``paragraph (3)'' and inserting ``paragraph (5)'';</DELETED>
<DELETED> (2) by redesignating paragraphs (3), (4), (5), and
(6) as paragraphs (5), (6), (7), and (9),
respectively;</DELETED>
<DELETED> (3) by inserting after paragraph (2) the following
new paragraph (3):</DELETED>
<DELETED> ``(3)(A) The Director of the Federal Bureau of
Investigation shall notify in writing the head of the department or
agency concerned of a finding by the Federal Bureau of Investigation
that the subject of an investigation under paragraph (1) should be left
in place for investigative purposes.</DELETED>
<DELETED> ``(B) Not later than 30 days after receiving written
notification under subparagraph (A), the head of the department or
agency so notified shall submit to the Director a plan to minimize the
unauthorized disclosure of classified information by the subject
concerned.</DELETED>
<DELETED> ``(C) A plan under this paragraph may be modified if the
Director and the head of the department or agency concerned jointly
determine that the modification is warranted. A modification under this
subparagraph may include a decision that the subject of an
investigation no longer be left in place for investigative
purposes.</DELETED>
<DELETED> ``(D) A disagreement regarding an element of a plan under
subparagraph (A), including a proposed modification of the plan under
subparagraph (C), shall be resolved by the Board.''; and</DELETED>
<DELETED> (4) in paragraph (5), as so redesignated, by
striking ``paragraph (1) or (2)'' and inserting ``paragraph
(1), (2), or (3)''.</DELETED>
<DELETED> (b) Timely Provision of Information and Consultation on
Espionage Investigations.--Paragraph (2) of that subsection is further
amended--</DELETED>
<DELETED> (1) by inserting ``in a timely manner'' after
``through appropriate channels''; and</DELETED>
<DELETED> (2) by inserting ``in a timely manner'' after
``are consulted''.</DELETED>
<DELETED> (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):</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B)(i) A department or agency may not conduct a
polygraph examination, interrogate, or otherwise take any action that
is likely to alert an employee covered by a notice under subparagraph
(A) of an investigation described in that subparagraph without prior
coordination with the Federal Bureau of Investigation.</DELETED>
<DELETED> ``(ii) Any examination, interrogation, or other action
taken under clause (i) shall be taken in consultation with the Federal
Bureau of Investigation.''.</DELETED>
<DELETED> (d) Coordination of Information on Espionage
Investigations.--That subsection is further amended by inserting after
paragraph (7), as redesignated by subsection (a)(2) of this section,
the following new paragraph (8):</DELETED>
<DELETED> ``(8) The Director of the Federal Bureau of Investigation
shall be responsible for coordinating all information relating to
espionage investigations, including information on any prior or current
relationship between the subjects of such investigations and any
Federal intelligence or intelligence-related activity, within the
intelligence community and within and among Federal law enforcement
agencies.''.</DELETED>
<DELETED> (e) Requests for Technical Assistance.--That section is
further amended by adding at the end the following new subsection
(d):</DELETED>
<DELETED> ``(d) Requests for Technical Assistance.--The Director of
the Federal Bureau of Investigation and the Director of the National
Security Agency shall establish procedures to ensure the timely
evaluation and determinations regarding requests from the Federal
Bureau of Investigation for technical assistance in counterintelligence
activities covered by this section.''.</DELETED>
<DELETED>SEC. 7. SEVERABILITY.</DELETED>
Other Popular 106th Congressional Bills Documents:
|
| GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information. |
 |