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 Depart-
ment 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 Agen-
cy.
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 intel-
ligence 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 AU-
THORIZATIONS.—The Schedule of Authorizations shall be
made available to the Committees on Appropriations of
the Senate and House of Representatives and to the Presi-
dent. The President shall provide for suitable distribution
of the Schedule, or of appropriate portions of the Sched-
ule, within the executive branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) AUTHORITY FOR ADJUSTMENTS.—With the ap-
proval 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 intel-
ligence functions, except that the number of personnel em-
ployed in excess of the number authorized under such sec-
tion may not, for any element of the intelligence commu-
nity, exceed two percent of the number of civilian per-
sonnel 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 Intel-
ligence of the Senate whenever he exercises the authority
granted by this section.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC-
COUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for the Intelligence Commu-
nity Management Account of the Director of Central Intel-
ligence 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 ele-
ments within the Community Management Account of the
Director of Central Intelligence are authorized 348 full-
time personnel as of September 30, 2000. Personnel serv-
ing 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 sub-
section (a), there are also authorized to be appro-
priated 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 addi-
tion to the personnel authorized by subsection (b)
for elements of the Community Management Ac-
count as of September 30, 2000, there are hereby
authorized such additional personnel for such ele-
ments as of that date as are specified in the classi-
fied 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 Gov-
ernment shall be detailed on a reimbursable basis, except
that any such officer, employee, or member may be de-
tailed 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 
SUPPLE-
MENTAL APPROPRIATIONS FOR FISCAL YEAR
1999.
(a) AUTHORIZATION.—Amounts authorized to be ap-
propriated for fiscal year 1999 under section 101 of the
Intelligence Authorization Act for Fiscal Year 1999 (Pub-
lic Law 105–272) for the conduct of the intelligence activi-
ties 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 appro-
priations pursuant to such authorization were increased
by an emergency supplemental appropriation in a supple-
mental appropriations Act for fiscal year 1999 that is en-
acted after May 1, 1999, for such amounts as are des-
ignated by Congress as an emergency requirement pursu-
ant 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
any intelligence activity which is not otherwise authorized
by the Constitution or the laws of the United States.
SEC. 303. SENSE OF THE CONGRESS ON INTELLIGENCE
COMMUNITY CONTRACTING.
It is the sense of the Congress that the Director of
Central Intelligence should continue to direct that ele-
ments of the intelligence community, whenever compatible
with the national security interests of the United States
and consistent with operational and security concerns re-
lated to the conduct of intelligence activities, and where
fiscally sound, should competitively award contracts in a
manner that maximizes the procurement of products prop-
erly designated as having been made in the United States.
SEC. 304. REPORT ON EFFECTS OF FOREIGN ESPIONAGE
ON UNITED STATES TRADE SECRETS.
By not later than 270 days after the date of the en-
actment of this Act, the Director of Central Intelligence
shall submit to Congress a report describing the effects
of espionage against the United States, conducted by or
on behalf of other nations, on United States trade secrets,
patents, and technology development. The study shall in-
clude an analysis of the effects of such espionage on the
trade deficit of the United States and on the employment
rate in the United States.
SEC. 305. PROTECTION OF IDENTITY OF RETIRED COVERT
AGENTS.
(a) IN GENERAL.—Section 606(4)(A) of the National
Security Act of 1947 (50 U.S.C. 426(4)(A)) is amended—
(1) by striking ‘‘an officer or employee’’ and in-
serting ‘‘a present or retired officer or employee’’;
and
(2) by striking ‘‘a member’’ and inserting ‘‘a
present or retired member’’.
(b) IMPOSITION OF MINIMUM PRISON SENTENCES
FOR VIOLATIONS.—Section 601 of the National Security
Act of 1947 (50 U.S.C. 421) is amended—
(1) in subsection (a), by striking ‘‘shall be fined
not more than $50,000 or imprisoned not more than
ten years, or both.’’ and inserting ‘‘shall be impris-
oned not less than five years and not more than ten
years and fined not more than $50,000.’’.
(2) in subsection (b), by striking ‘‘shall be fined
not more than $25,000 or imprisoned not more than
five years, or both.’’ and inserting ‘‘shall be impris-
oned not less than 30 months and not more than
five years and fined not more than $25,000.’’.
(3) in subsection (c), by striking ‘‘shall be fined
not more than $15,000 or imprisoned not more than
three years, or both.’’ and inserting ‘‘shall be impris-
oned not less than 18 months and not more than
three years and fined not more than $15,000.’’.
SEC. 306. REPORT ON ACTIVITIES OF THE CENTRAL INTEL-
LIGENCE AGENCY IN CHILE.
(a) IN GENERAL.—By not later than 120 days after
the date of the enactment of this Act, the Director of Cen-
tral Intelligence shall submit to the appropriate congres-
sional committees a report describing all activities of offi-
cers, covert agents, and employees of all elements in the
intelligence community with respect to the following events
in the Republic of Chile:
(1) The assassination of President Salvador
Allende in September 1973.
(2) The accession of General Augusto Pinochet
to the Presidency of the Republic of Chile.
(3) Violations of human rights committed by of-
ficers or agents of former President Pinochet.
(b) DOCUMENTATION.—The report submitted under
subsection (a) shall include copies of unedited documents
in the possession of any such element of the intelligence
community with respect to such events.
(c) DEFINITION.—In this section, the term ‘‘appro-
priate congressional committees’’ means the Permanent
Select Committee on Intelligence and the Committee on
Appropriations of the House of Representatives, and the
Select Committee on Intelligence and the Committee on
Appropriations of the Senate.
SEC. 307. REPORT ON LEGAL STANDARDS APPLIED FOR
ELECTRONIC SURVEILLANCE.
(a) REPORT.—Not later than 60 days after the date
of the enactment of this Act, the Director of Central Intel-
ligence, the Director of the National Security Agency, and
the Attorney General shall jointly prepare, and the Direc-
tor of the National Security Agency shall submit to the
appropriate congressional committees a report in classified
and unclassified form describing the legal standards em-
ployed by elements of the intelligence community in con-
ducting signals intelligence activities, including electronic
surveillance.
(b) MATTERS SPECIFICALLY ADDRESSED.—The re-
port shall specifically include a statement of each of the
following legal standards:
(1) The legal standards for interception of com-
munications when such interception may result in
the acquisition of information from a communication
to or from United States persons.
(2) The legal standards for intentional tar-
geting of the communications to or from United
States persons.
(3) The legal standards for receipt from non-
United States sources of information pertaining to
communications to or from United States persons.
(4) The legal standards for dissemination of in-
formation acquired through the interception of the
communications to or from United States persons.
(c) INCLUSION OF LEGAL MEMORANDA AND OPIN-
IONS.—The report under subsection (a) shall include a
copy of all legal memoranda, opinions, and other related
documents in unclassified, and if necessary, classified form
with respect to the conduct of signals intelligence activi-
ties, including electronic surveillance by elements of the
intelligence community, utilized by the Office of the Gen-
eral Counsel of the National Security Agency, by the Of-
fice of General Counsel of the Central Intelligence Agency,
or by the Office of Intelligence Policy Review of the De-
partment of Justice, in preparation of the report.
(d) DEFINITION.—As used in this section:
(1) The term ‘‘intelligence community’’ has the
meaning given that term under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)).
(2) The term ‘‘United States persons’’ has the
meaning given such term under section 101(i) of the
Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801(i)).
(3) The term ‘‘appropriate congressional com-
mittees’’ means the Permanent Select Committee on
Intelligence and the Committee on the Judiciary of
the House of Representatives, and the Select Com-
mittee on Intelligence and the Committee on the Ju-
diciary of the Senate.
SEC. 308. REPORT ON KOSOVA LIBERATION ARMY.
(a) REPORT.—Not later than 30 days after the date
of the enactment of this Act, the Director of Central Intel-
ligence shall submit to the appropriate congressional com-
mittees a report (in both classified and unclassified form)
on the organized resistance in Kosova known as the
Kosova Liberation Army. The report shall include the fol-
lowing:
(1) A summary of the history of the Kosova
Liberation Army.
(2) As of the date of the enactment of this
Act—
(A) the number of individuals currently
participating in or supporting combat oper-
ations of the Kosova Liberation Army (fielded
forces), and the number of individuals in train-
ing for such service (recruits);
(B) the types, and quantity of each type,
of weapon employed by the Kosova Liberation
Army, the training afforded to such fielded
forces in the use of such weapons, and the suf-
ficiency of such training to conduct effective
military operations; and
(C) minimum additional weaponry and
training required to improve substantially the
efficacy of such military operations.
(3) An estimate of the percentage of funding (if
any) of the Kosova Liberation Army that is attrib-
utable to profits from the sale of illicit narcotics.
(4) A description of the involvement (if any) of
the Kosova Liberation Army in terrorist activities.
(5) A description of the number of killings of
noncombatant civilians (if any) carried out by the
Kosova Liberation Army since its formation.
(6) A description of the leadership of the
Kosova Liberation Army, including an analysis of—
(A) the political philosophy and program of
the leadership; and
(B) the sentiment of the leadership toward
the United States.
(b) APPROPRIATE CONGRESSIONAL COMMITTEES.—
As used in this section, the term ‘‘appropriate congres-
sional committees’’ means the Committee on International
Relations and the Permanent Select Committee on Intel-
ligence of the House of Representatives, and the Com-
mittee on Foreign Relations and the Select Committee on
Intelligence of the Senate.
TITLE IV—CENTRAL
INTELLIGENCE AGENCY
SEC. 401. TWO-YEAR EXTENSION OF CIA CENTRAL SERV-
ICES PROGRAM.
Section 21(h)(1) of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403u(h)(1)) is amended by strik-
ing out ‘‘March 31, 2000.’’ and inserting ‘‘March 31,
2002.’’.
TITLE V—DEPARTMENT OF DE-
FENSE 
INTELLIGENCE 
AC-
TIVITIES
SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NA-
TIONAL 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:
‘‘§ 446. Protection of operational files
‘‘(a) EXEMPTION OF CERTAIN OPERATIONAL FILES
FROM SEARCH, REVIEW, PUBLICATION, OR DISCLO-
SURE.—(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 provi-
sions of section 552 of title 5, United States Code (Free-
dom of Information Act), which require publication, disclo-
sure, search, or review in connection therewith.
‘‘(2)(A) Subject to subparagraph (B), for the pur-
poses of this section, the term ‘operational files’ means
files of the National Imagery and Mapping Agency (here-
inafter in this section referred to as ‘NIMA’) concerning
the activities of NIMA that before the establishment of
NIMA were performed by the National Photographic In-
terpretation Center of the Central Intelligence Agency
(NPIC), that document the means by which foreign intel-
ligence or counterintelligence is collected through scientific
and technical systems.
‘‘(B) Files which are the sole repository of dissemi-
nated intelligence are not operational files.
‘‘(3) Notwithstanding paragraph (1), exempted oper-
ational files shall continue to be subject to search and re-
view for information concerning—
‘‘(A) United States citizens or aliens lawfully
admitted for permanent residence who have re-
quested information on themselves pursuant to the
provisions of section 552 of title 5, or section 552a
of title 5, United States Code (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, United States Code; or
‘‘(C) the specific subject matter of an investiga-
tion by any of the following for any impropriety, or
violation of law, Executive order, or Presidential di-
rective, 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 para-
graph (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 su-
perseded 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, judi-
cial 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 specifi-
cally authorized under criteria established by an Ex-
ecutive 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 prac-
ticable, determine the issues of fact based on sworn
written submissions of the parties.
‘‘(iii) When a complainant alleges that re-
quested 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 per-
sonal knowledge or otherwise admissible evidence.
‘‘(iv)(I) When a complainant alleges that re-
quested 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
operational files likely to contain responsible records
currently perform the functions set forth in para-
graph (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 provi-
sion of this subsection, the court shall order NIMA
to search and review the appropriate exempted oper-
ational 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 sub-
section.
‘‘(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 dis-
miss 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 Intel-
ligence prior to submission to the court.
‘‘(b) DECENNIAL REVIEW
OF EXEMPTED OPER-
ATIONAL 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 cat-
egory of exempted files or any portion thereof. The Direc-
tor of Central Intelligence must approve any determina-
tion to remove such exemptions.
‘‘(2) The review required by paragraph (1) shall in-
clude 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 declas-
sifying a significant part of the information contained
therein.
‘‘(3) A complainant that alleges that NIMA has im-
properly 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 en-
actment 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.’’.
(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.’’.
TITLE 
VI—PROHIBITION 
ON
DRUG TRAFFICKING BY EM-
PLOYEES 
OF 
THE 
INTEL-
LIGENCE COMMUNITY
SEC. 601. PROHIBITION ON DRUG TRAFFICKING BY EM-
PLOYEES OF THE INTELLIGENCE COMMU-
NITY.
(a) PURPOSES.—It is the purpose of this section—
(1) to prohibit the Central Intelligence Agency
and other intelligence agencies and their employees
and agents from participating in drug trafficking ac-
tivities, including the manufacture, purchase, sale,
transport, or distribution of illegal drugs; conspiracy
to traffic in illegal drugs; and arrangements to
transport illegal drugs; and
(2) to require the employees and agents of the
Central Intelligence Agency and other intelligence
agencies to report known or suspected drug traf-
ficking activities to the appropriate authorities.
(b) PROHIBITION ON DRUG TRAFFICKING.—No ele-
ment of the intelligence community, or any employee of
such an element, may knowingly encourage or participate
in drug trafficking activities.
(c) MANDATE TO REPORT.—Any employee of an ele-
ment of the intelligence community having knowledge of
facts or circumstances that reasonably indicate that any
employee of such an element is involved with any drug
trafficking activities, or other violations of United States
drug laws, shall report such knowledge or facts to the ap-
propriate official.
(d) DEFINITIONS.—As used in this section:
(1) DRUG TRAFFICKING ACTIVITIES.—
(A) IN GENERAL.—The term ‘‘drug traf-
ficking activities’’ means the possession, dis-
tribution, manufacture, cultivation, sale, trans-
fer, or the attempt or conspiracy to possess,
distribute, manufacture, cultivate, sell or trans-
fer illegal drugs (as those terms are applied
under section 404(c) of the Controlled Sub-
stances Act (21 U.S.C. 844(c)).
(B) INCLUSIONS.—Such term includes ar-
rangements to allow the use of federally owned
or leased vehicles, or other means of transpor-
tation, for the transport of illegal drugs.
(2) ILLEGAL DRUGS.—The term ‘‘illegal drugs’’
means controlled substances (as that term is defined
section 102(6) of the Controlled Substances Act (21
U.S.C. 802(6)) included in schedule I or II under
part B of title II of such Act.
(3) EMPLOYEE.—The term ‘‘employee’’ means
an individual employed by an element of the intel-
ligence community, and includes the following indi-
viduals:
(A) Employees under a contract with such
an element.
(B) Covert agents, as that term is defined
in paragraph (4) of section 606 of the National
Security Act of 1947 (50 U.S.C. 426).
(C) An individual acting on behalf, or with
the approval, of an element of the intelligence
community.
(4) INTELLIGENCE
COMMUNITY.—The term
‘‘intelligence community’’ has the meaning given
that term under paragraph (4) of section 3 of the
National Security Act of 1947 (50 U.S.C. 401a).
(5) APPROPRIATE
OFFICIAL.—The term ‘‘ap-
propriate official’’ means the Attorney General, the
Inspector General of the element of the intelligence
community (if any), or the head of such element.
Passed the House of Representatives May 13, 1999.
Attest:
JEFF TRANDAHL,
Clerk.