Calendar No. 119

106TH CONGRESS

1ST SESSION H. R. 1555

AN ACT

To authorize appropriations for fiscal year 2000 for

tem, and for other purposes.ligence Agency Retirement and Disability SysManagement Account, and the Central Intelthe United States Government, the Communityintelligence and intelligence-related activities of

MAY 18 (legislative day, MAY 14), 1999

Received; read twice and placed on the calendar
Calendar No. 119

106TH CONGRESS

1ST SESSION H. R. 1555

IN THE SENATE OF THE UNITED STATES

MAY 18 (legislative day, MAY 14), 1999

Received; read twice and placed on the calendar

AN ACT

To authorize appropriations for fiscal year 2000 for intelligence and intelligence-related activities of the United

States Government, the Community Management Account, and the Central Intelligence Agency Retirement

and Disability System, and for other purposes.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Intelligence Authorization Act for Fiscal Year 2000’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 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. Authorization of emergency supplemental appropriations for fiscal

year 1999.

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND

DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

TITLE III—GENERAL PROVISIONS

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

Sec. 302. Restriction on conduct of intelligence activities.

Sec. 303. Sense of the Congress on intelligence community contracting.

Sec. 304. Report on effects of foreign espionage on United States trade secrets.

Sec. 305. Protection of identity of retired covert agents.

Sec. 306. Report on activities of the Central Intelligence Agency in Chile.

Sec. 307. Report on legal standards applied for electronic surveillance.

Sec. 308. Report on Kosova Liberation Army.

TITLE IV—CENTRAL INTELLIGENCE AGENCY

Sec. 401. Two-year extension of CIA central services program.

TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Protection of operational files of the National Imagery and Mapping

Agency.

TITLE VI—PROHIBITION ON DRUG TRAFFICKING BY EMPLOYEES

OF THE INTELLIGENCE COMMUNITY

Sec. 601. Prohibition on drug trafficking by employees of the intelligence community.
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1 TITLE I—INTELLIGENCE

2 ACTIVITIES

3 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 2000 for the conduct of the intelligence and

6 intelligence-related activities of the following elements of

7 the United States Government:

8 (1) The Central Intelligence Agency.

9 (2) The Department of Defense.

10 (3) The Defense Intelligence Agency.

11 (4) The National Security Agency.

12 (5) The Department of the Army, the Depart13 ment of the Navy, and the Department of the Air

14 Force.

15 (6) The Department of State.

16 (7) The Department of the Treasury.

17 (8) The Department of Energy.

18 (9) The Federal Bureau of Investigation.

19 (10) The National Reconnaissance Office.

20 (11) The National Imagery and Mapping Agen21 cy.

22 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

23 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

24 CEILINGS.—The amounts authorized to be appropriated

25 under section 101, and the authorized personnel ceilings
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1 as of September 30, 2000, for the conduct of the intel2 ligence and intelligence-related activities of the elements

3 listed in such section, are those specified in the classified

4 Schedule of Authorizations prepared to accompany the bill

5 H.R. 1555 of the One Hundred Sixth Congress.

6 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU7 THORIZATIONS.—The Schedule of Authorizations shall be

8 made available to the Committees on Appropriations of

9 the Senate and House of Representatives and to the Presi10 dent. The President shall provide for suitable distribution

11 of the Schedule, or of appropriate portions of the Sched12 ule, within the executive branch.

13 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

14 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap15 proval of the Director of the Office of Management and

16 Budget, the Director of Central Intelligence may authorize

17 employment of civilian personnel in excess of the number

18 authorized for fiscal year 2000 under section 102 when

19 the Director of Central Intelligence determines that such

20 action is necessary to the performance of important intel21 ligence functions, except that the number of personnel em22 ployed in excess of the number authorized under such sec23 tion may not, for any element of the intelligence commu24 nity, exceed two percent of the number of civilian per25 sonnel authorized under such section for such element.
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1 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The

2 Director of Central Intelligence shall promptly notify the

3 Permanent Select Committee on Intelligence of the House

4 of Representatives and the Select Committee on Intel5 ligence of the Senate whenever he exercises the authority

6 granted by this section.

7 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC8 COUNT.

9 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated for the Intelligence Commu11 nity Management Account of the Director of Central Intel12 ligence for fiscal year 2000 the sum of $193,572,000.

13 Within such amount, funds identified in the classified

14 Schedule of Authorizations referred to in section 102(a)

15 for the Advanced Research and Development Committee

16 shall remain available until September 30, 2001.

17 (b) AUTHORIZED PERSONNEL LEVELS.—The ele18 ments within the Community Management Account of the

19 Director of Central Intelligence are authorized 348 full20 time personnel as of September 30, 2000. Personnel serv21 ing in such elements may be permanent employees of the

22 Community Management Staff or personnel detailed from

23 other elements of the United States Government.

24 (c) CLASSIFIED AUTHORIZATIONS.—
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1 (1) AUTHORIZATION OF APPROPRIATIONS.—In

2 addition to amounts authorized to be appropriated

3 for the Community Management Account by sub4 section (a), there are also authorized to be appro5 priated for the Community Management Account for

6 fiscal year 2000 such additional amounts as are

7 specified in the classified Schedule of Authorizations

8 referred to in section 102(a). Such additional

9 amounts shall remain available until September 30,

10 2001.

11 (2) AUTHORIZATION OF PERSONNEL.—In addi12 tion to the personnel authorized by subsection (b)

13 for elements of the Community Management Ac14 count as of September 30, 2000, there are hereby

15 authorized such additional personnel for such ele16 ments as of that date as are specified in the classi17 fied Schedule of Authorizations.

18 (d) REIMBURSEMENT.—Except as provided in section

19 113 of the National Security Act of 1947 (50 U.S.C.

20 404h), during fiscal year 2000, any officer or employee

21 of the United States or a member of the Armed Forces

22 who is detailed to the staff of the Community Management

23 Account from another element of the United States Gov24 ernment shall be detailed on a reimbursable basis, except

25 that any such officer, employee, or member may be de-
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1 tailed on a nonreimbursable basis for a period of less than

2 one year for the performance of temporary functions as

3 required by the Director of Central Intelligence.

4 (e) NATIONAL DRUG INTELLIGENCE CENTER.—

5 (1) IN GENERAL.—Of the amount appropriated

6 pursuant to the authorization in subsection (a), the

7 amount of $27,000,000 shall be available for the

8 National Drug Intelligence Center. Within such

9 amount, funds provided for research, development,

10 test, and evaluation purposes shall remain available

11 until September 30, 2001, and funds provided for

12 procurement purposes shall remain available until

13 September 30, 2002.

14 (2) TRANSFER OF FUNDS.—The Director of

15 Central Intelligence shall transfer to the Attorney

16 General of the United States funds available for the

17 National Drug Intelligence Center under paragraph

18 (1). The Attorney General shall utilize funds so

19 transferred for the activities of the National Drug

20 Intelligence Center.

21 (3) LIMITATION.—Amounts available for the

22 National Drug Intelligence Center may not be used

23 in contravention of the provisions of section

24 103(d)(1) of the National Security Act of 1947 (50

25 U.S.C. 403–3(d)(1)).
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1 (4) AUTHORITY.—Notwithstanding any other

2 provision of law, the Attorney General shall retain

3 full authority over the operations of the National

4 Drug Intelligence Center.

5 SEC. 105. AUTHORIZATION OF EMERGENCY SUPPLE6 MENTAL APPROPRIATIONS FOR FISCAL YEAR

7 1999.

8 (a) AUTHORIZATION.—Amounts authorized to be ap9 propriated for fiscal year 1999 under section 101 of the

10 Intelligence Authorization Act for Fiscal Year 1999 (Pub11 lic Law 105–272) for the conduct of the intelligence activi12 ties of elements of the United States Government listed

13 in such section are hereby increased, with respect to any

14 such authorized amount, by the amount by which appro15 priations pursuant to such authorization were increased

16 by an emergency supplemental appropriation in a supple17 mental appropriations Act for fiscal year 1999 that is en18 acted after May 1, 1999, for such amounts as are des19 ignated by Congress as an emergency requirement pursu20 ant to section 251(b)(2)(A) of the Balanced Budget and

21 Emergency Deficit Control Act of 1985 (2 U.S.C.

22 901(b)(2)(A)).

23 (b) RATIFICATION.—For purposes of section 504 of

24 the National Security Act of 1947 (50 U.S.C. 414), any

25 obligation or expenditure of those amounts deemed to have
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1 been specifically authorized by Congress in the Act re2 ferred to in subsection (a) is hereby ratified and con3 firmed.

4 TITLE II—CENTRAL INTEL5 LIGENCE AGENCY RETIRE6 MENT AND DISABILITY SYS7 TEM

8 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

9 There is authorized to be appropriated for the Cen10 tral Intelligence Agency Retirement and Disability Fund

11 for fiscal year 2000 the sum of $209,100,000.

12 TITLE III—GENERAL

13 PROVISIONS

14 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

15 BENEFITS AUTHORIZED BY LAW.

16 Appropriations authorized by this Act for salary, pay,

17 retirement, and other benefits for Federal employees may

18 be increased by such additional or supplemental amounts

19 as may be necessary for increases in such compensation

20 or benefits authorized by law.

21 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

22 ACTIVITIES.

23 The authorization of appropriations by this Act shall

24 not be deemed to constitute authority for the conduct of
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1 any intelligence activity which is not otherwise authorized

2 by the Constitution or the laws of the United States.

3 SEC. 303. SENSE OF THE CONGRESS ON INTELLIGENCE

4 COMMUNITY CONTRACTING.

5 It is the sense of the Congress that the Director of

6 Central Intelligence should continue to direct that ele7 ments of the intelligence community, whenever compatible

8 with the national security interests of the United States

9 and consistent with operational and security concerns re10 lated to the conduct of intelligence activities, and where

11 fiscally sound, should competitively award contracts in a

12 manner that maximizes the procurement of products prop13 erly designated as having been made in the United States.

14 SEC. 304. REPORT ON EFFECTS OF FOREIGN ESPIONAGE

15 ON UNITED STATES TRADE SECRETS.

16 By not later than 270 days after the date of the en17 actment of this Act, the Director of Central Intelligence

18 shall submit to Congress a report describing the effects

19 of espionage against the United States, conducted by or

20 on behalf of other nations, on United States trade secrets,

21 patents, and technology development. The study shall in22 clude an analysis of the effects of such espionage on the

23 trade deficit of the United States and on the employment

24 rate in the United States.
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1 SEC. 305. PROTECTION OF IDENTITY OF RETIRED COVERT

2 AGENTS.

3 (a) IN GENERAL.—Section 606(4)(A) of the National

4 Security Act of 1947 (50 U.S.C. 426(4)(A)) is amended—

5 (1) by striking ‘‘an officer or employee’’ and in6 serting ‘‘a present or retired officer or employee’’;

7 and

8 (2) by striking ‘‘a member’’ and inserting ‘‘a

9 present or retired member’’.

10 (b) IMPOSITION OF MINIMUM PRISON SENTENCES

11 FOR VIOLATIONS.—Section 601 of the National Security

12 Act of 1947 (50 U.S.C. 421) is amended—

13 (1) in subsection (a), by striking ‘‘shall be fined

14 not more than $50,000 or imprisoned not more than

15 ten years, or both.’’ and inserting ‘‘shall be impris16 oned not less than five years and not more than ten

17 years and fined not more than $50,000.’’.

18 (2) in subsection (b), by striking ‘‘shall be fined

19 not more than $25,000 or imprisoned not more than

20 five years, or both.’’ and inserting ‘‘shall be impris21 oned not less than 30 months and not more than

22 five years and fined not more than $25,000.’’.

23 (3) in subsection (c), by striking ‘‘shall be fined

24 not more than $15,000 or imprisoned not more than

25 three years, or both.’’ and inserting ‘‘shall be impris-
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1 oned not less than 18 months and not more than

2 three years and fined not more than $15,000.’’.

3 SEC. 306. REPORT ON ACTIVITIES OF THE CENTRAL INTEL4 LIGENCE AGENCY IN CHILE.

5 (a) IN GENERAL.—By not later than 120 days after

6 the date of the enactment of this Act, the Director of Cen7 tral Intelligence shall submit to the appropriate congres8 sional committees a report describing all activities of offi9 cers, covert agents, and employees of all elements in the

10 intelligence community with respect to the following events

11 in the Republic of Chile:

12 (1) The assassination of President Salvador

13 Allende in September 1973.

14 (2) The accession of General Augusto Pinochet

15 to the Presidency of the Republic of Chile.

16 (3) Violations of human rights committed by of17 ficers or agents of former President Pinochet.

18 (b) DOCUMENTATION.—The report submitted under

19 subsection (a) shall include copies of unedited documents

20 in the possession of any such element of the intelligence

21 community with respect to such events.

22 (c) DEFINITION.—In this section, the term ‘‘appro23 priate congressional committees’’ means the Permanent

24 Select Committee on Intelligence and the Committee on

25 Appropriations of the House of Representatives, and the
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1 Select Committee on Intelligence and the Committee on

2 Appropriations of the Senate.

3 SEC. 307. REPORT ON LEGAL STANDARDS APPLIED FOR

4 ELECTRONIC SURVEILLANCE.

5 (a) REPORT.—Not later than 60 days after the date

6 of the enactment of this Act, the Director of Central Intel7 ligence, the Director of the National Security Agency, and

8 the Attorney General shall jointly prepare, and the Direc9 tor of the National Security Agency shall submit to the

10 appropriate congressional committees a report in classified

11 and unclassified form describing the legal standards em12 ployed by elements of the intelligence community in con13 ducting signals intelligence activities, including electronic

14 surveillance.

15 (b) MATTERS SPECIFICALLY ADDRESSED.—The re16 port shall specifically include a statement of each of the

17 following legal standards:

18 (1) The legal standards for interception of com19 munications when such interception may result in

20 the acquisition of information from a communication

21 to or from United States persons.

22 (2) The legal standards for intentional tar23 geting of the communications to or from United

24 States persons.
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1 (3) The legal standards for receipt from non2 United States sources of information pertaining to

3 communications to or from United States persons.

4 (4) The legal standards for dissemination of in5 formation acquired through the interception of the

6 communications to or from United States persons.

7 (c) INCLUSION OF LEGAL MEMORANDA AND OPIN8 IONS.—The report under subsection (a) shall include a

9 copy of all legal memoranda, opinions, and other related

10 documents in unclassified, and if necessary, classified form

11 with respect to the conduct of signals intelligence activi12 ties, including electronic surveillance by elements of the

13 intelligence community, utilized by the Office of the Gen14 eral Counsel of the National Security Agency, by the Of15 fice of General Counsel of the Central Intelligence Agency,

16 or by the Office of Intelligence Policy Review of the De17 partment of Justice, in preparation of the report.

18 (d) DEFINITION.—As used in this section:

19 (1) The term ‘‘intelligence community’’ has the

20 meaning given that term under section 3(4) of the

21 National Security Act of 1947 (50 U.S.C. 401a(4)).

22 (2) The term ‘‘United States persons’’ has the

23 meaning given such term under section 101(i) of the

24 Foreign Intelligence Surveillance Act of 1978 (50

25 U.S.C. 1801(i)).
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1 (3) The term ‘‘appropriate congressional com2 mittees’’ means the Permanent Select Committee on

3 Intelligence and the Committee on the Judiciary of

4 the House of Representatives, and the Select Com5 mittee on Intelligence and the Committee on the Ju6 diciary of the Senate.

7 SEC. 308. REPORT ON KOSOVA LIBERATION ARMY.

8 (a) REPORT.—Not later than 30 days after the date

9 of the enactment of this Act, the Director of Central Intel10 ligence shall submit to the appropriate congressional com11 mittees a report (in both classified and unclassified form)

12 on the organized resistance in Kosova known as the

13 Kosova Liberation Army. The report shall include the fol14 lowing:

15 (1) A summary of the history of the Kosova

16 Liberation Army.

17 (2) As of the date of the enactment of this

18 Act—

19 (A) the number of individuals currently

20 participating in or supporting combat oper21 ations of the Kosova Liberation Army (fielded

22 forces), and the number of individuals in train23 ing for such service (recruits);

24 (B) the types, and quantity of each type,

25 of weapon employed by the Kosova Liberation
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1 Army, the training afforded to such fielded

2 forces in the use of such weapons, and the suf3 ficiency of such training to conduct effective

4 military operations; and

5 (C) minimum additional weaponry and

6 training required to improve substantially the

7 efficacy of such military operations.

8 (3) An estimate of the percentage of funding (if

9 any) of the Kosova Liberation Army that is attrib10 utable to profits from the sale of illicit narcotics.

11 (4) A description of the involvement (if any) of

12 the Kosova Liberation Army in terrorist activities.

13 (5) A description of the number of killings of

14 noncombatant civilians (if any) carried out by the

15 Kosova Liberation Army since its formation.

16 (6) A description of the leadership of the

17 Kosova Liberation Army, including an analysis of—

18 (A) the political philosophy and program of

19 the leadership; and

20 (B) the sentiment of the leadership toward

21 the United States.

22 (b) APPROPRIATE CONGRESSIONAL COMMITTEES.—

23 As used in this section, the term ‘‘appropriate congres24 sional committees’’ means the Committee on International

25 Relations and the Permanent Select Committee on Intel-
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1 ligence of the House of Representatives, and the Com2 mittee on Foreign Relations and the Select Committee on

3 Intelligence of the Senate.

4 TITLE IV—CENTRAL

5 INTELLIGENCE AGENCY

6 SEC. 401. TWO-YEAR EXTENSION OF CIA CENTRAL SERV7 ICES PROGRAM.

8 Section 21(h)(1) of the Central Intelligence Agency

9 Act of 1949 (50 U.S.C. 403u(h)(1)) is amended by strik10 ing out ‘‘March 31, 2000.’’ and inserting ‘‘March 31,

11 2002.’’.

12 TITLE V—DEPARTMENT OF DE13 FENSE INTELLIGENCE AC14 TIVITIES

15 SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NA16 TIONAL IMAGERY AND MAPPING AGENCY.

17 (a) IN GENERAL.—Subchapter I of chapter 22 of title

18 10, United States Code, is amended by adding at the end

19 the following new section:

20 ‘‘§ 446. Protection of operational files

21 ‘‘(a) EXEMPTION OF CERTAIN OPERATIONAL FILES

22 FROM SEARCH, REVIEW, PUBLICATION, OR DISCLO23 SURE.—(1) The Director of the National Imagery and

24 Mapping Agency, with the coordination of the Director of

25 Central Intelligence, may exempt operational files of the
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1 National Imagery and Mapping Agency from the provi2 sions of section 552 of title 5, United States Code (Free3 dom of Information Act), which require publication, disclo4 sure, search, or review in connection therewith.

5 ‘‘(2)(A) Subject to subparagraph (B), for the pur6 poses of this section, the term ‘operational files’ means

7 files of the National Imagery and Mapping Agency (here8 inafter in this section referred to as ‘NIMA’) concerning

9 the activities of NIMA that before the establishment of

10 NIMA were performed by the National Photographic In11 terpretation Center of the Central Intelligence Agency

12 (NPIC), that document the means by which foreign intel13 ligence or counterintelligence is collected through scientific

14 and technical systems.

15 ‘‘(B) Files which are the sole repository of dissemi16 nated intelligence are not operational files.

17 ‘‘(3) Notwithstanding paragraph (1), exempted oper18 ational files shall continue to be subject to search and re19 view for information concerning—

20 ‘‘(A) United States citizens or aliens lawfully

21 admitted for permanent residence who have re22 quested information on themselves pursuant to the

23 provisions of section 552 of title 5, or section 552a

24 of title 5, United States Code (Privacy Act of 1974);
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1 ‘‘(B) any special activity the existence of which

2 is not exempt from disclosure under the provisions

3 of section 552 of title 5, United States Code; or

4 ‘‘(C) the specific subject matter of an investiga5 tion by any of the following for any impropriety, or

6 violation of law, Executive order, or Presidential di7 rective, in the conduct of an intelligence activity:

8 ‘‘(i) The Permanent Select Committee on

9 Intelligence of the House of Representatives.

10 ‘‘(ii) The Select Committee on Intelligence

11 of the Senate.

12 ‘‘(iii) The Intelligence Oversight Board.

13 ‘‘(iv) The Department of Justice.

14 ‘‘(v) The Office of General Counsel of

15 NIMA.

16 ‘‘(vi) The Office of the Director of NIMA.

17 ‘‘(4)(A) Files that are not exempted under paragraph

18 (1) which contain information derived or disseminated

19 from exempted operational files shall be subject to search

20 and review.

21 ‘‘(B) The inclusion of information from exempted

22 operational files in files that are not exempted under para23 graph (1) shall not affect the exemption under paragraph

24 (1) of the originating operational files from search, review

25 publication, or disclosure.
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1 ‘‘(C) Records from exempted operational files which

2 have been disseminated to and referenced in files that are

3 not exempted under paragraph (1) and which have been

4 returned to exempted operational files for sole retention

5 shall be subject to search and review.

6 ‘‘(5) The provisions of paragraph (1) may not be su7 perseded except by a provision of law which is enacted

8 after the date of the enactment of this section, and which

9 specifically cites and repeals or modifies its provisions.

10 ‘‘(6)(A) Except as provided in subparagraph (B),

11 whenever any person who has requested agency records

12 under section 552 of title 5, United States Code, alleges

13 that NIMA has withheld records improperly because of

14 failure to comply with any provision of this section, judi15 cial review shall be available under the terms set forth in

16 section 552(a)(4)(B) of title 5, United States Code.

17 ‘‘(B) Judicial review shall not be available in the

18 manner provided for under subparagraph (A) as follows:

19 ‘‘(i) In any case in which information specifi20 cally authorized under criteria established by an Ex21 ecutive Order to be kept secret in the interests of

22 national defense or foreign relations is filed with, or

23 produced for, the court by NIMA, such information

24 shall be examined ex parte, in camera by the court.
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1 ‘‘(ii) The court shall, to the fullest extent prac2 ticable, determine the issues of fact based on sworn

3 written submissions of the parties.

4 ‘‘(iii) When a complainant alleges that re5 quested records are improperly withheld because of

6 improper placement solely in exempted operational

7 files, the complainant shall support such allegation

8 with a sworn written submission based upon per9 sonal knowledge or otherwise admissible evidence.

10 ‘‘(iv)(I) When a complainant alleges that re11 quested records were improperly withheld because of

12 improper exemption of operational files, NIMA shall

13 meet its burden under section 552(a)(4)(B) of title

14 5, United States Code, by demonstrating to the

15 court by sworn written submission that exempted

16 operational files likely to contain responsible records

17 currently perform the functions set forth in para18 graph (2).

19 ‘‘(II) The court may not order NIMA to review

20 the content of any exempted operational file or files

21 in order to make the demonstration required under

22 subclause (I), unless the complainant disputes

23 NIMA’s showing with a sworn written submission

24 based on personal knowledge or otherwise admissible

25 evidence.
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1 ‘‘(v) In proceedings under clauses (iii) and (iv),

2 the parties may not obtain discovery pursuant to

3 rules 26 through 36 of the Federal Rules of Civil

4 Procedure, except that requests for admissions may

5 be made pursuant to rules 26 and 36.

6 ‘‘(vi) If the court finds under this paragraph

7 that NIMA has improperly withheld requested

8 records because of failure to comply with any provi9 sion of this subsection, the court shall order NIMA

10 to search and review the appropriate exempted oper11 ational file or files for the requested records and

12 make such records, or portions thereof, available in

13 accordance with the provisions of section 552 of title

14 5, United States Code, and such order shall be the

15 exclusive remedy for failure to comply with this sub16 section.

17 ‘‘(vii) If at any time following the filing of a

18 complaint pursuant to this paragraph NIMA agrees

19 to search the appropriate exempted operational file

20 or files for the requested records, the court shall dis21 miss the claim based upon such complaint.

22 ‘‘(viii) Any information filed with, or produced

23 for the court pursuant to clauses (i) and (iv) shall

24 be coordinated with the Director of Central Intel25 ligence prior to submission to the court.
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1 ‘‘(b) DECENNIAL REVIEW OF EXEMPTED OPER2 ATIONAL FILES.—(1) Not less than once every ten years,

3 the Director of the National Imagery and Mapping Agency

4 and the Director of Central Intelligence shall review the

5 exemptions in force under subsection (a)(1) to determine

6 whether such exemptions may be removed from the cat7 egory of exempted files or any portion thereof. The Direc8 tor of Central Intelligence must approve any determina9 tion to remove such exemptions.

10 ‘‘(2) The review required by paragraph (1) shall in11 clude consideration of the historical value or other public

12 interest in the subject matter of the particular category

13 of files or portions thereof and the potential for declas14 sifying a significant part of the information contained

15 therein.

16 ‘‘(3) A complainant that alleges that NIMA has im17 properly withheld records because of failure to comply with

18 this subsection may seek judicial review in the district

19 court of the United States of the district in which any

20 of the parties reside, or in the District of Columbia. In

21 such a proceeding, the court’s review shall be limited to

22 determining the following:

23 ‘‘(A) Whether NIMA has conducted the review

24 required by paragraph (1) before the expiration of

25 the ten-year period beginning on the date of the en-
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1 actment of this section or before the expiration of

2 the 10-year period beginning on the date of the most

3 recent review.

4 ‘‘(B) Whether NIMA, in fact, considered the

5 criteria set forth in paragraph (2) in conducting the

6 required review.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of subchapter I of chapter 22 of title 10,

9 United States Code, is amended by adding at the end the

10 following new item:

‘‘446. Protection of operational files.’’.

11 TITLE VI—PROHIBITION ON

12 DRUG TRAFFICKING BY EM13 PLOYEES OF THE INTEL14 LIGENCE COMMUNITY

15 SEC. 601. PROHIBITION ON DRUG TRAFFICKING BY EM16 PLOYEES OF THE INTELLIGENCE COMMU17 NITY.

18 (a) PURPOSES.—It is the purpose of this section—

19 (1) to prohibit the Central Intelligence Agency

20 and other intelligence agencies and their employees

21 and agents from participating in drug trafficking ac22 tivities, including the manufacture, purchase, sale,

23 transport, or distribution of illegal drugs; conspiracy

24 to traffic in illegal drugs; and arrangements to

25 transport illegal drugs; and
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1 (2) to require the employees and agents of the

2 Central Intelligence Agency and other intelligence

3 agencies to report known or suspected drug traf4 ficking activities to the appropriate authorities.

5 (b) PROHIBITION ON DRUG TRAFFICKING.—No ele6 ment of the intelligence community, or any employee of

7 such an element, may knowingly encourage or participate

8 in drug trafficking activities.

9 (c) MANDATE TO REPORT.—Any employee of an ele10 ment of the intelligence community having knowledge of

11 facts or circumstances that reasonably indicate that any

12 employee of such an element is involved with any drug

13 trafficking activities, or other violations of United States

14 drug laws, shall report such knowledge or facts to the ap15 propriate official.

16 (d) DEFINITIONS.—As used in this section:

17 (1) DRUG TRAFFICKING ACTIVITIES.—

18 (A) IN GENERAL.—The term ‘‘drug traf19 ficking activities’’ means the possession, dis20 tribution, manufacture, cultivation, sale, trans21 fer, or the attempt or conspiracy to possess,

22 distribute, manufacture, cultivate, sell or trans23 fer illegal drugs (as those terms are applied

24 under section 404(c) of the Controlled Sub25 stances Act (21 U.S.C. 844(c)).
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1 (B) INCLUSIONS.—Such term includes ar2 rangements to allow the use of federally owned

3 or leased vehicles, or other means of transpor4 tation, for the transport of illegal drugs.

5 (2) ILLEGAL DRUGS.—The term ‘‘illegal drugs’’

6 means controlled substances (as that term is defined

7 section 102(6) of the Controlled Substances Act (21

8 U.S.C. 802(6)) included in schedule I or II under

9 part B of title II of such Act.

10 (3) EMPLOYEE.—The term ‘‘employee’’ means

11 an individual employed by an element of the intel12 ligence community, and includes the following indi13 viduals:

14 (A) Employees under a contract with such

15 an element.

16 (B) Covert agents, as that term is defined

17 in paragraph (4) of section 606 of the National

18 Security Act of 1947 (50 U.S.C. 426).

19 (C) An individual acting on behalf, or with

20 the approval, of an element of the intelligence

21 community.

22 (4) INTELLIGENCE COMMUNITY.—The term

23 ‘‘intelligence community’’ has the meaning given

24 that term under paragraph (4) of section 3 of the

25 National Security Act of 1947 (50 U.S.C. 401a).
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1 (5) APPROPRIATE OFFICIAL.—The term ‘‘ap2 propriate official’’ means the Attorney General, the

3 Inspector General of the element of the intelligence

4 community (if any), or the head of such element.

Passed the House of Representatives May 13, 1999.

Attest: JEFF TRANDAHL,

Clerk.