IB

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]

[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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘In3 telligence Authorization Act for Fiscal Year 2000’’.

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

5 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.

6 TITLE I—INTELLIGENCE

7 ACTIVITIES

8 SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

9 Funds are hereby authorized to be appropriated for fis10 cal year 2000 for the conduct of the intelligence and intel11 ligence-related activities of the following elements of the

12 United States Government:

13 (1) The Central Intelligence Agency.
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1 (2) The Department of Defense.

2 (3) The Defense Intelligence Agency.

3 (4) The National Security Agency.

4 (5) The Department of the Army, the Depart5 ment of the Navy, and the Department of the Air

6 Force.

7 (6) The Department of State.

8 (7) The Department of the Treasury.

9 (8) The Department of Energy.

10 (9) The Federal Bureau of Investigation.

11 (10) The National Reconnaissance Office.

12 (11) The National Imagery and Mapping Agen13 cy.

14 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

15 (a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL

16 CEILINGS.—The amounts authorized to be appropriated

17 under section 101, and the authorized personnel ceilings as

18 of September 30, 2000, for the conduct of the intelligence

19 and intelligence-related activities of the elements listed in

20 such section, are those specified in the classified Schedule

21 of Authorizations prepared to accompany the bill H.R. 1555

22 of the One Hundred Sixth Congress.

23 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU24 THORIZATIONS.—The Schedule of Authorizations shall be

25 made available to the Committees on Appropriations of the
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1 Senate and House of Representatives and to the President.

2 The President shall provide for suitable distribution of the

3 Schedule, or of appropriate portions of the Schedule, within

4 the Executive Branch.

5 SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

6 (a) AUTHORITY FOR ADJUSTMENTS.—With the ap7 proval of the Director of the Office of Management and

8 Budget, the Director of Central Intelligence may authorize

9 employment of civilian personnel in excess of the number

10 authorized for fiscal year 2000 under section 102 when the

11 Director of Central Intelligence determines that such action

12 is necessary to the performance of important intelligence

13 functions, except that the number of personnel employed in

14 excess of the number authorized under such section may not,

15 for any element of the intelligence community, exceed two

16 percent of the number of civilian personnel authorized

17 under such section for such element.

18 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di19 rector of Central Intelligence shall promptly notify the Per20 manent Select Committee on Intelligence of the House of

21 Representatives and the Select Committee on Intelligence of

22 the Senate whenever he exercises the authority granted by

23 this section.
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1 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC2 COUNT.

3 (a) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated for the Intelligence Commu5 nity Management Account of the Director of Central Intel6 ligence for fiscal year 2000 the sum of $193,572,000. Within

7 such amount, funds identified in the classified Schedule of

8 Authorizations referred to in section 102(a) for the Ad9 vanced Research and Development Committee shall remain

10 available until September 30, 2001.

11 (b) AUTHORIZED PERSONNEL LEVELS.—The elements

12 within the Community Management Account of the Direc13 tor of Central Intelligence are authorized 348 full-time per14 sonnel as of September 30, 2000. Personnel serving in such

15 elements may be permanent employees of the Community

16 Management Staff or personnel detailed from other elements

17 of the United States Government.

18 (c) CLASSIFIED AUTHORIZATIONS.—

19 (1) AUTHORIZATION OF APPROPRIATIONS.—In

20 addition to amounts authorized to be appropriated

21 for the Community Management Account by sub22 section (a), there are also authorized to be appro23 priated for the Community Management Account for

24 fiscal year 2000 such additional amounts as are spec25 ified in the classified Schedule of Authorizations re-
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1 ferred to in section 102(a). Such additional amounts

2 shall remain available until September 30, 2001.

3 (2) AUTHORIZATION OF PERSONNEL.—In addi4 tion to the personnel authorized by subsection (b) for

5 elements of the Community Management Account as

6 of September 30, 2000, there are hereby authorized

7 such additional personnel for such elements as of that

8 date as are specified in the classified Schedule of Au9 thorizations.

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

11 113 of the National Security Act of 1947 (50 U.S.C. 404h),

12 during fiscal year 2000, any officer or employee of the

13 United States or a member of the Armed Forces who is de14 tailed to the staff of the Community Management Account

15 from another element of the United States Government shall

16 be detailed on a reimbursable basis, except that any such

17 officer, employee, or member may be detailed on a non18 reimbursable basis for a period of less than one year for

19 the performance of temporary functions as required by the

20 Director of Central Intelligence.

21 (e) NATIONAL DRUG INTELLIGENCE CENTER.—

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

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

24 amount of $27,000,000 shall be available for the Na25 tional Drug Intelligence Center. Within such amount,
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1 funds provided for research, development, test, and

2 evaluation purposes shall remain available until Sep3 tember 30, 2001, and funds provided for procurement

4 purposes shall remain available until September 30,

5 2002.

6 (2) TRANSFER OF FUNDS.—The Director of Cen7 tral Intelligence shall transfer to the Attorney General

8 of the United States funds available for the National

9 Drug Intelligence Center under paragraph (1). The

10 Attorney General shall utilize funds so transferred for

11 the activities of the National Drug Intelligence Cen12 ter.

13 (3) LIMITATION.—Amounts available for the Na14 tional Drug Intelligence Center may not be used in

15 contravention of the provisions of section 103(d)(1) of

16 the National Security Act of 1947 (50 U.S.C. 403–

17 3(d)(1)).

18 (4) AUTHORITY.—Notwithstanding any other

19 provision of law, the Attorney General shall retain

20 full authority over the operations of the National

21 Drug Intelligence Center.

22 SEC. 105. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL

23 APPROPRIATIONS FOR FISCAL YEAR 1999.

24 (a) AUTHORIZATION.—Amounts authorized to be ap25 propriated for fiscal year 1999 under section 101 of the In-
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1 telligence Authorization Act for Fiscal Year 1999 (Public

2 Law 105–272) for the conduct of the intelligence activities

3 of elements of the United States Government listed in such

4 section are hereby increased, with respect to any such au5 thorized amount, by the amount by which appropriations

6 pursuant to such authorization were increased by an emer7 gency supplemental appropriation in a supplemental ap8 propriations Act for fiscal year 1999 that is enacted after

9 May 1, 1999, for such amounts as are designated by Con10 gress as an emergency requirement pursuant to section

11 251(b)(2)(A) of the Balanced Budget and Emergency Def12 icit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).

13 (b) RATIFICATION.—For purposes of section 504 of the

14 National Security Act of 1947 (50 U.S.C. 414), any obliga15 tion or expenditure of those amounts deemed to have been

16 specifically authorized by Congress in the Act referred to

17 in subsection (a) is hereby ratified and confirmed.

18 TITLE II—CENTRAL INTEL19 LIGENCE AGENCY RETIRE20 MENT AND DISABILITY SYS21 TEM

22 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

23 There is authorized to be appropriated for the Central

24 Intelligence Agency Retirement and Disability Fund for fis25 cal year 2000 the sum of $209,100,000.
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1 TITLE III—GENERAL

2 PROVISIONS

3 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

4 BENEFITS AUTHORIZED BY LAW.

5 Appropriations authorized by this Act for salary, pay,

6 retirement, and other benefits for Federal employees may

7 be increased by such additional or supplemental amounts

8 as may be necessary for increases in such compensation or

9 benefits authorized by law.

10 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

11 ACTIVITIES.

12 The authorization of appropriations by this Act shall

13 not be deemed to constitute authority for the conduct of any

14 intelligence activity which is not otherwise authorized by

15 the Constitution or the laws of the United States.

16 SEC. 303. SENSE OF CONGRESS ON INTELLIGENCE COMMU17 NITY CONTRACTING.

18 It is the sense of Congress that the Director of Central

19 Intelligence should continue to direct that elements of the

20 intelligence community, whenever compatible with the na21 tional security interests of the United States and consistent

22 with operational and security concerns related to the con23 duct of intelligence activities, and where fiscally sound,

24 should competitively award contracts in a manner that
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1 maximizes the procurement of products properly designated

2 as having been made in the United States.

3 TITLE IV—CENTRAL

4 INTELLIGENCE AGENCY

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

6 PROGRAM.

7 Section 21(h)(1) of the Central Intelligence Agency Act

8 of 1949 (50 U.S.C. 403u(h)(1)) is amended by striking out

9 ‘‘March 31, 2000.’’ and inserting ‘‘March 31, 2002.’’.

10 TITLE V—DEPARTMENT OF DE11 FENSE INTELLIGENCE ACTIVI12 TIES

13 SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NA14 TIONAL IMAGERY AND MAPPING AGENCY.

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

16 10, United States Code, is amended by adding at the end

17 the following new section:

18 ‘‘§ 446. Protection of operational files

19 ‘‘(a) EXEMPTION OF CERTAIN OPERATIONAL FILES

20 FROM SEARCH, REVIEW, PUBLICATION, OR DISCLOSURE.—

21 (1) The Director of the National Imagery and Mapping

22 Agency, with the coordination of the Director of Central In23 telligence, may exempt operational files of the National Im24 agery and Mapping Agency from the provisions of section

25 552 of title 5 (Freedom of Information Act), which require
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1 publication, disclosure, search, or review in connection

2 therewith.

3 ‘‘(2)(A) Subject to subparagraph (B), for the purposes

4 of this section, the term ‘operational files’ means files of

5 the National Imagery and Mapping Agency (hereinafter in

6 this section referred to as ‘NIMA’) concerning the activities

7 of NIMA that before the establishment of NIMA were per8 formed by the National Photographic Interpretation Center

9 of the Central Intelligence Agency (NPIC), that document

10 the means by which foreign intelligence or counterintel11 ligence is collected through scientific and technical systems.

12 ‘‘(B) Files which are the sole repository of dissemi13 nated intelligence are not operational files.

14 ‘‘(3) Notwithstanding paragraph (1), exempted oper15 ational files shall continue to be subject to search and review

16 for information concerning—

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

18 admitted for permanent residence who have requested

19 information on themselves pursuant to the provisions

20 of section 552 of title 5, or section 552a of title 5

21 (Privacy Act of 1974);

22 ‘‘(B) any special activity the existence of which

23 is not exempt from disclosure under the provisions of

24 section 552 of title 5; or
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1 ‘‘(C) the specific subject matter of an investiga2 tion by any of the following for any impropriety, or

3 violation of law, Executive order, or Presidential di4 rective, in the conduct of an intelligence activity:

5 ‘‘(i) The Permanent Select Committee on

6 Intelligence of the House of Representatives.

7 ‘‘(ii) The Select Committee on Intelligence

8 of the Senate.

9 ‘‘(iii) The Intelligence Oversight Board.

10 ‘‘(iv) The Department of Justice.

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

12 NIMA.

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

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

15 (1) which contain information derived or disseminated

16 from exempted operational files shall be subject to search

17 and review.

18 ‘‘(B) The inclusion of information from exempted oper19 ational files in files that are not exempted under paragraph

20 (1) shall not affect the exemption under paragraph (1) of

21 the originating operational files from search, review publi22 cation, or disclosure.

23 ‘‘(C) Records from exempted operational files which

24 have been disseminated to and referenced in files that are

25 not exempted under paragraph (1) and which have been
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1 returned to exempted operational files for sole retention

2 shall be subject to search and review.

3 ‘‘(5) The provisions of paragraph (1) may not be su4 perseded except by a provision of law which is enacted after

5 the date of enactment of this section, and which specifically

6 cites and repeals or modifies its provisions.

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

8 whenever any person who has requested agency records

9 under section 552 of title 5, alleges that NIMA has withheld

10 records improperly because of failure to comply with any

11 provision of this section, judicial review shall be available

12 under the terms set forth in section 552(a)(4)(B) of title

13 5.

14 ‘‘(B) Judicial review shall not be available in the man15 ner provided for under subparagraph (A) as follows:

16 ‘‘(i) In any case in which information specifi17 cally authorized under criteria established by an Ex18 ecutive Order to be kept secret in the interests of na19 tional defense or foreign relations is filed with, or

20 produced for, the court by NIMA, such information

21 shall be examined ex parte, in camera by the court.

22 ‘‘(ii) The court shall, to the fullest extent prac23 ticable, determine the issues of fact based on sworn

24 written submissions of the parties.
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1 ‘‘(iii) When a complainant alleges that requested

2 records are improperly withheld because of improper

3 placement solely in exempted operational files, the

4 complainant shall support such allegation with a

5 sworn written submission based upon personal knowl6 edge or otherwise admissible evidence.

7 ‘‘(iv)(I) When a complainant alleges that re8 quested records were improperly withheld because of

9 improper exemption of operational files, NIMA shall

10 meet its burden under section 552(a)(4)(B) of title 5,

11 by demonstrating to the court by sworn written sub12 mission that exempted operational files likely to con13 tain responsible records currently perform the func14 tions set forth in paragraph (2).

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

16 the content of any exempted operational file or files

17 in order to make the demonstration required under

18 subclause (I), unless the complainant disputes NIMA’s

19 showing with a sworn written submission based on

20 personal knowledge or otherwise admissible evidence.

21 ‘‘(v) In proceedings under clauses (iii) and (iv),

22 the parties may not obtain discovery pursuant to

23 rules 26 through 36 of the Federal Rules of Civil Pro24 cedure, except that requests for admissions may be

25 made pursuant to rules 26 and 36.
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1 ‘‘(vi) If the court finds under this paragraph

2 that NIMA has improperly withheld requested records

3 because of failure to comply with any provision of

4 this subsection, the court shall order NIMA to search

5 and review the appropriate exempted operational file

6 or files for the requested records and make such

7 records, or portions thereof, available in accordance

8 with the provisions of section 552 of title 5, and such

9 order shall be the exclusive remedy for failure to com10 ply with this subsection.

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

12 complaint pursuant to this paragraph NIMA agrees

13 to search the appropriate exempted operational file or

14 files for the requested records, the court shall dismiss

15 the claim based upon such complaint.

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

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

18 coordinated with the Director of Central Intelligence

19 prior to submission to the court.

20 ‘‘(b) DECENNIAL REVIEW OF EXEMPTED OPER21 ATIONAL FILES.—(1) Not less than once every ten years,

22 the Director of the National Imagery and Mapping Agency

23 and the Director of Central Intelligence shall review the ex24 emptions in force under subsection (a)(1) to determine

25 whether such exemptions may be removed from the category
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1 of exempted files or any portion thereof. The Director of

2 Central Intelligence must approve any determination to re3 move such exemptions.

4 ‘‘(2) The review required by paragraph (1) shall in5 clude consideration of the historical value or other public

6 interest in the subject matter of the particular category of

7 files or portions thereof and the potential for declassifying

8 a significant part of the information contained therein.

9 ‘‘(3) A complainant that alleges that NIMA has im10 properly withheld records because of failure to comply with

11 this subsection may seek judicial review in the district court

12 of the United States of the district in which any of the par13 ties reside, or in the District of Columbia. In such a pro14 ceeding, the court’s review shall be limited to determining

15 the following:

16 ‘‘(A) Whether NIMA has conducted the review re17 quired by paragraph (1) before the expiration of the

18 ten-year period beginning on the date of the enact19 ment of this section or before the expiration of the ten20 year period beginning on the date of the most recent

21 review.

22 ‘‘(B) Whether NIMA, in fact, considered the cri23 teria set forth in paragraph (2) in conducting the re24 quired review.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of subchapter I of chapter 22 of title 10,

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

4 following new item:

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

Æ