H. R. 1555—11
‘‘, nonappropriated fund entities or instrumentalities associated or
affiliated with the Agency, and other’’.
(b) DEPOSITS IN CENTRAL SERVICES WORKING CAPITAL FUND.—
Subsection (c)(2) of that section is amended—
(1) by amending subparagraph (D) to read as follows:
‘‘(D) Amounts received in payment for loss or damage to
equipment or property of a central service provider as a result
of activities under the program.’’;
(2) by redesignating subparagraph (E) as subparagraph
(F); and
(3) by inserting after subparagraph (D), as so amended,
the following new subparagraph (E):
‘‘(E) Other receipts from the sale or exchange of equipment
or property of a central service provider as a result of activities
under the program.’’.
(c) AVAILABILITY OF FEES.—Subsection (f )(2)(A) of that section
is amended by inserting ‘‘central service providers and any’’ before
‘‘elements of the Agency’’.
(d) EXTENSION OF PROGRAM.—Subsection (h)(1) of that section
is amended by striking ‘‘March 31, 2000’’ and inserting ‘‘March
31, 2002’’.
SEC. 402. EXTENSION OF CIA VOLUNTARY SEPARATION PAY ACT.
(a) EXTENSION OF AUTHORITY.—Section 2(f ) of the Central Intel-
ligence Agency Voluntary Separation Pay Act (50 U.S.C. 403–4
note) is amended by striking ‘‘September 30, 1999’’ and inserting
‘‘September 30, 2002’’.
(b) REMITTANCE OF FUNDS.—Section 2(i) of that Act is amended
by striking ‘‘or fiscal year 1999’’ and inserting ‘‘, 1999, 2000, 2001,
or 2002’’.
TITLE V—DEPARTMENT OF DEFENSE
INTELLIGENCE ACTIVITIES
SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL
IMAGERY AND MAPPING AGENCY.
(a) IN GENERAL.—(1) Title I of the National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by inserting after section
105A (50 U.S.C. 403–5a) the following new section:
‘‘PROTECTION OF OPERATIONAL FILES OF THE NATIONAL IMAGERY AND
MAPPING AGENCY
‘‘SEC. 105B. (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, United States Code,
which require publication, disclosure, search, or review in connec-
tion 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 (hereafter in this section referred
to as ‘NIMA’) concerning the activities of NIMA that before the
H. R. 1555—12
establishment of NIMA were performed by the National Photo-
graphic 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 intel-
ligence 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 them-
selves pursuant to the provisions of section 552 or 552a of
title 5, United States Code;
‘‘(B) any special activity the existence of which is not
exempt from disclosure under the provisions of section 552
of title 5, United States Code; or
‘‘(C) the specific subject matter of an investigation by any
of the following for any impropriety, or violation of law, Execu-
tive order, or Presidential directive, in the conduct of an intel-
ligence 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 oper-
ational 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
the 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, United States Code, 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, United States Code.
‘‘(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
H. R. 1555—13
is filed with, or produced for, the court by NIMA, such informa-
tion shall be examined ex parte, in camera by the court.
‘‘(ii) The court shall, to the fullest extent practicable, deter-
mine 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, United States Code, by demonstrating
to the court by sworn written submission that exempted oper-
ational files likely to contain responsible records currently per-
form 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 admis-
sible 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, United States Code,
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 appro-
priate 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 10 years, the Director of the National
Imagery and Mapping Agency and the Director of Central Intel-
ligence 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 consid-
eration 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.
H. R. 1555—14
‘‘(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 10-year period
beginning on the date of the enactment of this section or
before the expiration of the 10-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.’’.
(2) The table of contents contained in the first section of such
Act is amended by inserting after the item relating to section
105A the following new item:
‘‘Sec. 105B. Protection of operational files of the National Imagery and Mapping
Agency.’’.
(b) TREATMENT
OF
CERTAIN
TRANSFERRED
RECORDS.—Any
record transferred to the National Imagery and Mapping Agency
from exempted operational files of the Central Intelligence Agency
covered by section 701(a) of the National Security Act of 1947
(50 U.S.C. 431(a)) shall be placed in the operational files of the
National Imagery and Mapping Agency that are established pursu-
ant to section 105B of the National Security Act of 1947, as added
by subsection (a).
SEC. 502. FUNDING FOR INFRASTRUCTURE AND QUALITY OF LIFE
IMPROVEMENTS AT MENWITH HILL AND BAD AIBLING
STATIONS.
Section 506(b) of the Intelligence Authorization Act for Fiscal
Year 1996 (Public Law 104–93; 109 Stat. 974), as amended by
section 502 of the Intelligence Authorization Act for Fiscal Year
1998 (Public Law 105–107; 111 Stat. 2262), is further amended
by striking ‘‘for fiscal years 1998 and 1999’’ and inserting ‘‘for
fiscal years 2000 and 2001’’.
TITLE 
VI—FOREIGN 
COUNTERINTEL-
LIGENCE AND INTERNATIONAL TER-
RORISM INVESTIGATIONS
SEC. 601. EXPANSION OF DEFINITION OF ‘‘AGENT OF A FOREIGN
POWER’’ FOR PURPOSES OF THE FOREIGN INTEL-
LIGENCE SURVEILLANCE ACT OF 1978.
Section 101(b)(2) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801(b)(2)) is amended—
(1) in subparagraph (C), by striking ‘‘or’’ at the end;
(2) by redesignating subparagraph (D) as subparagraph
(E); and
(3) by inserting after subparagraph (C) the following new
subparagraph (D):
‘‘(D) knowingly enters the United States under a false
or fraudulent identity for or on behalf of a foreign power
or, while in the United States, knowingly assumes a false