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SEC. 303. SENSE OF CONGRESS ON INTELLIGENCE COMMU-
NITY 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 na-
tional security interests of the United States and consistent
with operational and security concerns related to the con-
duct 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 DE-
FENSE INTELLIGENCE ACTIVI-
TIES
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:
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‘‘§ 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 In-
telligence, may exempt operational files of the National Im-
agery 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 per-
formed by the National Photographic Interpretation Center
of the Central Intelligence Agency (NPIC), that document
the means by which foreign intelligence or counterintel-
ligence 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 review
for information concerning—
‘‘(A) United States citizens or aliens lawfully
admitted for permanent residence who have requested
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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 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 oper-
ational files in files that are not exempted under paragraph
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(1) shall not affect the exemption under paragraph (1) of
the originating operational files from search, review publi-
cation, 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 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 man-
ner 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 na-
tional defense or foreign relations is filed with, or
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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 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 knowl-
edge 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,
by demonstrating to the court by sworn written sub-
mission that exempted operational files likely to con-
tain responsible records currently perform the func-
tions 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.
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‘‘(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 Pro-
cedure, 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 com-
ply 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.
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‘‘(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 ex-
emptions 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 re-
move 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 declassifying
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 par-
ties reside, or in the District of Columbia. In such a pro-
ceeding, the court’s review shall be limited to determining
the following:
‘‘(A) Whether NIMA has conducted the review re-
quired by paragraph (1) before the expiration of the
ten-year period beginning on the date of the enact-
ment of this section or before the expiration of the ten-
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year period beginning on the date of the most recent
review.
‘‘(B) Whether NIMA, in fact, considered the cri-
teria set forth in paragraph (2) in conducting the re-
quired 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.’’.