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

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 11, 1999

Committee on Armed Services dischared; committed to

Union and ordered to be printedthe Committee of the Whole House on the State of the
IB

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 Ac-
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count, 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,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘In5 telligence 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 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.
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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 fis5 cal year 2000 for the conduct of the intelligence and intel6 ligence-related activities of the following elements of the

7 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 as
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1 of September 30, 2000, for the conduct of the intelligence

2 and intelligence-related activities of the elements listed in

3 such section, are those specified in the classified Schedule

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

5 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 the

9 Senate and House of Representatives and to the President.

10 The President shall provide for suitable distribution of the

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

12 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 the

19 Director of Central Intelligence determines that such action

20 is necessary to the performance of important intelligence

21 functions, except that the number of personnel employed in

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

23 for any element of the intelligence community, exceed two

24 percent of the number of civilian personnel authorized

25 under such section for such element.
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1 (b) NOTICE TO INTELLIGENCE COMMITTEES.—The Di2 rector of Central Intelligence shall promptly notify the Per3 manent Select Committee on Intelligence of the House of

4 Representatives and the Select Committee on Intelligence of

5 the Senate whenever he exercises the authority granted by

6 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. Within

13 such amount, funds identified in the classified Schedule of

14 Authorizations referred to in section 102(a) for the Ad15 vanced Research and Development Committee shall remain

16 available until September 30, 2001.

17 (b) AUTHORIZED PERSONNEL LEVELS.—The elements

18 within the Community Management Account of the Direc19 tor of Central Intelligence are authorized 348 full-time per20 sonnel as of September 30, 2000. Personnel serving in such

21 elements may be permanent employees of the Community

22 Management Staff or personnel detailed from other elements

23 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 spec7 ified in the classified Schedule of Authorizations re8 ferred to in section 102(a). Such additional amounts

9 shall remain available until September 30, 2001.

10 (2) AUTHORIZATION OF PERSONNEL.—In addi11 tion to the personnel authorized by subsection (b) for

12 elements of the Community Management Account as

13 of September 30, 2000, there are hereby authorized

14 such additional personnel for such elements as of that

15 date as are specified in the classified Schedule of Au16 thorizations.

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

18 113 of the National Security Act of 1947 (50 U.S.C. 404h),

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

20 United States or a member of the Armed Forces who is de21 tailed to the staff of the Community Management Account

22 from another element of the United States Government shall

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

24 officer, employee, or member may be detailed on a non25 reimbursable basis for a period of less than one year for
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1 the performance of temporary functions as required by the

2 Director of Central Intelligence.

3 (e) NATIONAL DRUG INTELLIGENCE CENTER.—

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

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

6 amount of $27,000,000 shall be available for the Na7 tional Drug Intelligence Center. Within such amount,

8 funds provided for research, development, test, and

9 evaluation purposes shall remain available until Sep10 tember 30, 2001, and funds provided for procurement

11 purposes shall remain available until September 30,

12 2002.

13 (2) TRANSFER OF FUNDS.—The Director of Cen14 tral Intelligence shall transfer to the Attorney General

15 of the United States funds available for the National

16 Drug Intelligence Center under paragraph (1). The

17 Attorney General shall utilize funds so transferred for

18 the activities of the National Drug Intelligence Cen19 ter.

20 (3) LIMITATION.—Amounts available for the Na21 tional Drug Intelligence Center may not be used in

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

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

24 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 SUPPLEMENTAL

6 APPROPRIATIONS FOR FISCAL YEAR 1999.

7 (a) AUTHORIZATION.—Amounts authorized to be ap8 propriated for fiscal year 1999 under section 101 of the In9 telligence Authorization Act for Fiscal Year 1999 (Public

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

11 of elements of the United States Government listed in such

12 section are hereby increased, with respect to any such au13 thorized amount, by the amount by which appropriations

14 pursuant to such authorization were increased by an emer15 gency supplemental appropriation in a supplemental ap16 propriations Act for fiscal year 1999 that is enacted after

17 May 1, 1999, for such amounts as are designated by Con18 gress as an emergency requirement pursuant to section

19 251(b)(2)(A) of the Balanced Budget and Emergency Def20 icit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).

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

22 National Security Act of 1947 (50 U.S.C. 414), any obliga23 tion or expenditure of those amounts deemed to have been

24 specifically authorized by Congress in the Act referred to

25 in subsection (a) is hereby ratified and confirmed.
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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM

5 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

6 There is authorized to be appropriated for the Central

7 Intelligence Agency Retirement and Disability Fund for fis8 cal year 2000 the sum of $209,100,000.

9 TITLE III—GENERAL

10 PROVISIONS

11 SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND

12 BENEFITS AUTHORIZED BY LAW.

13 Appropriations authorized by this Act for salary, pay,

14 retirement, and other benefits for Federal employees may

15 be increased by such additional or supplemental amounts

16 as may be necessary for increases in such compensation or

17 benefits authorized by law.

18 SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE

19 ACTIVITIES.

20 The authorization of appropriations by this Act shall

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

22 intelligence activity which is not otherwise authorized by

23 the Constitution or the laws of the United States.
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1 SEC. 303. SENSE OF CONGRESS ON INTELLIGENCE COMMU2 NITY CONTRACTING.

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

4 Intelligence should continue to direct that elements of the

5 intelligence community, whenever compatible with the na6 tional security interests of the United States and consistent

7 with operational and security concerns related to the con8 duct of intelligence activities, and where fiscally sound,

9 should competitively award contracts in a manner that

10 maximizes the procurement of products properly designated

11 as having been made in the United States.

12 TITLE IV—CENTRAL

13 INTELLIGENCE AGENCY

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

15 PROGRAM.

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

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

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

19 TITLE V—DEPARTMENT OF DE20 FENSE INTELLIGENCE ACTIVI21 TIES

22 SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NA23 TIONAL IMAGERY AND MAPPING AGENCY.

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

25 10, United States Code, is amended by adding at the end

26 the following new section:
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1 ‘‘§ 446. Protection of operational files

2 ‘‘(a) EXEMPTION OF CERTAIN OPERATIONAL FILES

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

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

5 Agency, with the coordination of the Director of Central In6 telligence, may exempt operational files of the National Im7 agery and Mapping Agency from the provisions of section

8 552 of title 5 (Freedom of Information Act), which require

9 publication, disclosure, search, or review in connection

10 therewith.

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

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

13 the National Imagery and Mapping Agency (hereinafter in

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

15 of NIMA that before the establishment of NIMA were per16 formed by the National Photographic Interpretation Center

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

18 the means by which foreign intelligence or counterintel19 ligence is collected through scientific and technical systems.

20 ‘‘(B) Files which are the sole repository of dissemi21 nated intelligence are not operational files.

22 ‘‘(3) Notwithstanding paragraph (1), exempted oper23 ational files shall continue to be subject to search and review

24 for information concerning—

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

26 admitted for permanent residence who have requested
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1 information on themselves pursuant to the provisions

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

3 (Privacy Act of 1974);

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

5 is not exempt from disclosure under the provisions of

6 section 552 of title 5; or

7 ‘‘(C) the specific subject matter of an investiga8 tion by any of the following for any impropriety, or

9 violation of law, Executive order, or Presidential di10 rective, in the conduct of an intelligence activity:

11 ‘‘(i) The Permanent Select Committee on

12 Intelligence of the House of Representatives.

13 ‘‘(ii) The Select Committee on Intelligence

14 of the Senate.

15 ‘‘(iii) The Intelligence Oversight Board.

16 ‘‘(iv) The Department of Justice.

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

18 NIMA.

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

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

21 (1) which contain information derived or disseminated

22 from exempted operational files shall be subject to search

23 and review.

24 ‘‘(B) The inclusion of information from exempted oper25 ational files in files that are not exempted under paragraph
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1 (1) shall not affect the exemption under paragraph (1) of

2 the originating operational files from search, review publi3 cation, or disclosure.

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

5 have been disseminated to and referenced in files that are

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

7 returned to exempted operational files for sole retention

8 shall be subject to search and review.

9 ‘‘(5) The provisions of paragraph (1) may not be su10 perseded except by a provision of law which is enacted after

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

12 cites and repeals or modifies its provisions.

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

14 whenever any person who has requested agency records

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

16 records improperly because of failure to comply with any

17 provision of this section, judicial review shall be available

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

19 5.

20 ‘‘(B) Judicial review shall not be available in the man21 ner provided for under subparagraph (A) as follows:

22 ‘‘(i) In any case in which information specifi23 cally authorized under criteria established by an Ex24 ecutive Order to be kept secret in the interests of na25 tional defense or foreign relations is filed with, or
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1 produced for, the court by NIMA, such information

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

3 ‘‘(ii) The court shall, to the fullest extent prac4 ticable, determine the issues of fact based on sworn

5 written submissions of the parties.

6 ‘‘(iii) When a complainant alleges that requested

7 records are improperly withheld because of improper

8 placement solely in exempted operational files, the

9 complainant shall support such allegation with a

10 sworn written submission based upon personal knowl11 edge or otherwise admissible evidence.

12 ‘‘(iv)(I) When a complainant alleges that re13 quested records were improperly withheld because of

14 improper exemption of operational files, NIMA shall

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

16 by demonstrating to the court by sworn written sub17 mission that exempted operational files likely to con18 tain responsible records currently perform the func19 tions set forth in paragraph (2).

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

21 the content of any exempted operational file or files

22 in order to make the demonstration required under

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

24 showing with a sworn written submission based on

25 personal knowledge or otherwise admissible 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 Pro4 cedure, except that requests for admissions may be

5 made pursuant to rules 26 and 36.

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

7 that NIMA has improperly withheld requested records

8 because of failure to comply with any provision of

9 this subsection, the court shall order NIMA to search

10 and review the appropriate exempted operational file

11 or files for the requested records and make such

12 records, or portions thereof, available in accordance

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

14 order shall be the exclusive remedy for failure to com15 ply with this subsection.

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

17 complaint pursuant to this paragraph NIMA agrees

18 to search the appropriate exempted operational file or

19 files for the requested records, the court shall dismiss

20 the claim based upon such complaint.

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

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

23 coordinated with the Director of Central Intelligence

24 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 ex5 emptions in force under subsection (a)(1) to determine

6 whether such exemptions may be removed from the category

7 of exempted files or any portion thereof. The Director of

8 Central Intelligence must approve any determination to re9 move 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 of

13 files or portions thereof and the potential for declassifying

14 a significant part of the information contained therein.

15 ‘‘(3) A complainant that alleges that NIMA has im16 properly withheld records because of failure to comply with

17 this subsection may seek judicial review in the district court

18 of the United States of the district in which any of the par19 ties reside, or in the District of Columbia. In such a pro20 ceeding, the court’s review shall be limited to determining

21 the following:

22 ‘‘(A) Whether NIMA has conducted the review re23 quired by paragraph (1) before the expiration of the

24 ten-year period beginning on the date of the enact25 ment of this section or before the expiration of the ten-
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1 year period beginning on the date of the most recent

2 review.

3 ‘‘(B) Whether NIMA, in fact, considered the cri4 teria set forth in paragraph (2) in conducting the re5 quired review.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections at

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

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

9 following new item:

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