`[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1555 Reported in House (RH)]





                                                  Union Calendar No. 74

106th CONGRESS

  1st Session

                               H. R. 1555

                      [Report No. 106-130, Part I]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                              May 11, 1999

 Committee on Armed Services dischared; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed





                                                  Union Calendar No. 74
106th CONGRESS
  1st Session
                                H. R. 1555

                      [Report No. 106-130, Part I]

 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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 26, 1999

   Mr. Goss introduced the following bill; which was referred to the 
               Permanent Select Committee on Intelligence

                              May 7, 1999

   Reported with an amendment and referred to the Committee on Armed 
     Services for a period ending not later than May 11, 1999, for 
  consideration of such provisions of the bill and amendment as fall 
within the jurisdiction of that committee pursuant to clause 1(c), rule 
                                   X
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 Committee on Armed Services discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                               26, 1999]

_______________________________________________________________________

                                 A BILL


 
 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.

    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 2000''.
    (b) Table of Contents.--The table of contents for 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 Congress on intelligence community contracting.

                 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 I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2000 
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, 2000, 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 bill H.R. 1555 of the One 
Hundred Sixth Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. The President shall provide for suitable distribution of the 
Schedule, or of appropriate portions of the Schedule, within the 
Executive Branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director 
of the Office of Management and Budget, the Director of Central 
Intelligence may authorize employment of civilian personnel in excess 
of the number authorized for fiscal year 2000 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 two 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 he exercises the authority 
granted by this section.

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of Central Intelligence for fiscal year 2000 the sum of 
$193,572,000. 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, 2001.
    (b) Authorized Personnel Levels.--The elements within the Community 
Management Account of the Director of Central Intelligence are 
authorized 348 full-time personnel as of September 30, 2000. Personnel 
serving in such elements may be permanent employees of the Community 
Management Staff 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 2000 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, 2001.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Community Management Account as of September 30, 2000, 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 
2000, 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 one 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 appropriated pursuant to the 
        authorization in subsection (a), the amount of $27,000,000 
        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, 2001, and funds provided for procurement purposes 
        shall remain available until September 30, 2002.
            (2) Transfer of funds.--The Director of Central 
        Intelligence shall transfer to the Attorney General of the 
        United States 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. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR 
              FISCAL YEAR 1999.

    (a) Authorization.--Amounts authorized to be appropriated for 
fiscal year 1999 under section 101 of the Intelligence Authorization 
Act for Fiscal Year 1999 (Public Law 105-272) for the conduct of the 
intelligence activities of elements of the United States Government 
listed in such section are hereby increased, with respect to any such 
authorized amount, by the amount by which appropriations pursuant to 
such authorization were increased by an emergency supplemental 
appropriation in a supplemental appropriations Act for fiscal year 1999 
that is enacted after May 1, 1999, for such amounts as are designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985 (2 U.S.C. 901(b)(2)(A)).
    (b) Ratification.--For purposes of section 504 of the National 
Security Act of 1947 (50 U.S.C. 414), any obligation or expenditure of 
those amounts deemed to have been specifically authorized by Congress 
in the Act referred to in subsection (a) is hereby ratified and 
confirmed.

 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 2000 the sum of 
$209,100,000.

                     TITLE III--GENERAL PROVISIONS

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 CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.

    It is the sense of 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.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. TWO-YEAR EXTENSION OF CIA CENTRAL SERVICES PROGRAM.

    Section 21(h)(1) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403u(h)(1)) is amended by striking out ``March 31, 2000.'' and 
inserting ``March 31, 2002.''.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL IMAGERY AND 
              MAPPING AGENCY.

    (a) In General.--Subchapter I of chapter 22 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 446. Protection of operational files
    ``(a) Exemption of Certain Operational Files From Search, Review, 
Publication, or Disclosure.--(1) The Director of the National Imagery 
and Mapping Agency, with the coordination of the Director of Central 
Intelligence, may exempt operational files of the National Imagery and 
Mapping Agency from the provisions of section 552 of title 5 (Freedom 
of Information Act), which require publication, disclosure, search, or 
review in connection therewith.
    ``(2)(A) Subject to subparagraph (B), for the purposes of this 
section, the term `operational files' means files of the National 
Imagery and Mapping Agency (hereinafter in this section referred to as 
`NIMA') concerning the activities of NIMA that before the establishment 
of NIMA were performed by the National Photographic Interpretation 
Center of the Central Intelligence Agency (NPIC), that document the 
means by which foreign intelligence or counterintelligence is collected 
through scientific and technical systems.
    ``(B) Files which are the sole repository of disseminated 
intelligence are not operational files.
    ``(3) Notwithstanding paragraph (1), exempted operational files 
shall continue to be subject to search and review for information 
concerning--
            ``(A) United States citizens or aliens lawfully admitted 
        for permanent residence who have requested information on 
        themselves pursuant to the provisions of section 552 of title 
        5, or section 552a of title 5 (Privacy Act of 1974);
            ``(B) any special activity the existence of which is not 
        exempt from disclosure under the provisions of section 552 of 
        title 5; or
            ``(C) the specific subject matter of an investigation by 
        any of the following for any impropriety, or violation of law, 
        Executive order, or Presidential directive, in the conduct of 
        an intelligence activity:
                    ``(i) The Permanent Select Committee on 
                Intelligence of the House of Representatives.
                    ``(ii) The Select Committee on Intelligence of the 
                Senate.
                    ``(iii) The Intelligence Oversight Board.
                    ``(iv) The Department of Justice.
                    ``(v) The Office of General Counsel of NIMA.
                    ``(vi) The Office of the Director of NIMA.
    ``(4)(A) Files that are not exempted under paragraph (1) which 
contain information derived or disseminated from exempted operational 
files shall be subject to search and review.
    ``(B) The inclusion of information from exempted operational files 
in files that are not exempted under paragraph (1) shall not affect the 
exemption under paragraph (1) of the originating operational files from 
search, review publication, or disclosure.
    ``(C) Records from exempted operational files which have been 
disseminated to and referenced in files that are not exempted under 
paragraph (1) and which have been returned to exempted operational 
files for sole retention shall be subject to search and review.
    ``(5) The provisions of paragraph (1) may not be superseded except 
by a provision of law which is enacted after the date of enactment of 
this section, and which specifically cites and repeals or modifies its 
provisions.
    ``(6)(A) Except as provided in subparagraph (B), whenever any 
person who has requested agency records under section 552 of title 5, 
alleges that NIMA has withheld records improperly because of failure to 
comply with any provision of this section, judicial review shall be 
available under the terms set forth in section 552(a)(4)(B) of title 5.
    ``(B) Judicial review shall not be available in the manner provided 
for under subparagraph (A) as follows:
            ``(i) In any case in which information specifically 
        authorized under criteria established by an Executive Order to 
        be kept secret in the interests of national defense or foreign 
        relations is filed with, or produced for, the court by NIMA, 
        such information shall be examined ex parte, in camera by the 
        court.
            ``(ii) The court shall, to the fullest extent practicable, 
        determine the issues of fact based on sworn written submissions 
        of the parties.
            ``(iii) When a complainant alleges that requested records 
        are improperly withheld because of improper placement solely in 
        exempted operational files, the complainant shall support such 
        allegation with a sworn written submission based upon personal 
        knowledge or otherwise admissible evidence.
            ``(iv)(I) When a complainant alleges that requested records 
        were improperly withheld because of improper exemption of 
        operational files, NIMA shall meet its burden under section 
        552(a)(4)(B) of title 5, by demonstrating to the court by sworn 
        written submission that exempted operational files likely to 
        contain responsible records currently perform the functions set 
        forth in paragraph (2).
            ``(II) The court may not order NIMA to review the content 
        of any exempted operational file or files in order to make the 
        demonstration required under subclause (I), unless the 
        complainant disputes NIMA's showing with a sworn written 
        submission based on personal knowledge or otherwise admissible 
        evidence.
            ``(v) In proceedings under clauses (iii) and (iv), the 
        parties may not obtain discovery pursuant to rules 26 through 
        36 of the Federal Rules of Civil Procedure, except that 
        requests for admissions may be made pursuant to rules 26 and 
        36.
            ``(vi) If the court finds under this paragraph that NIMA 
        has improperly withheld requested records because of failure to 
        comply with any provision of this subsection, the court shall 
        order NIMA to search and review the appropriate exempted 
        operational file or files for the requested records and make 
        such records, or portions thereof, available in accordance with 
        the provisions of section 552 of title 5, and such order shall 
        be the exclusive remedy for failure to comply with this 
        subsection.
            ``(vii) If at any time following the filing of a complaint 
        pursuant to this paragraph NIMA agrees to search the 
        appropriate exempted operational file or files for the 
        requested records, the court shall dismiss the claim based upon 
        such complaint.
            ``(viii) Any information filed with, or produced for the 
        court pursuant to clauses (i) and (iv) shall be coordinated 
        with the Director of Central Intelligence prior to submission 
        to the court.
    ``(b) Decennial Review of Exempted Operational Files.--(1) Not less 
than once every ten years, the Director of the National Imagery and 
Mapping Agency and the Director of Central Intelligence shall review 
the exemptions in force under subsection (a)(1) to determine whether 
such exemptions may be removed from the category of exempted files or 
any portion thereof. The Director of Central Intelligence must approve 
any determination to remove such exemptions.
    ``(2) The review required by paragraph (1) shall include 
consideration of the historical value or other public interest in the 
subject matter of the particular category of files or portions thereof 
and the potential for declassifying a significant part of the 
information contained therein.
    ``(3) A complainant that alleges that NIMA has improperly withheld 
records because of failure to comply with this subsection may seek 
judicial review in the district court of the United States of the 
district in which any of the parties reside, or in the District of 
Columbia. In such a proceeding, the court's review shall be limited to 
determining the following:
            ``(A) Whether NIMA has conducted the review required by 
        paragraph (1) before the expiration of the ten-year period 
        beginning on the date of the enactment of this section or 
        before the expiration of the ten-year period beginning on the 
        date of the most recent review.
            ``(B) Whether NIMA, in fact, considered the criteria set 
        forth in paragraph (2) in conducting the required review.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter I of chapter 22 of title 10, United States Code, is amended 
by adding at the end the following new item:

``446. Protection of operational files.''.`