COORDINATION OF COUNTERINTELLIGENCE WITH THE FEDERAL BUREAU OF INVESTIGATION.

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— 114 STAT. 2854 “(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.”.