Intelligence Authorization Act for Fiscal Year 2000
PL 106-120 (H.R.1555), enacted 12/03/1999

113 STAT. 1606 
PUBLIC LAW 106-120—DEC. 3, 1999 
Dec. 3. 1999 
[H.R. 1555] 
Intelligence 
Authorization 
Act for Fiscal 
Year 2000. 
Public Law 106-120 
106th Congress 
An Act 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Intelligence 
Authorization Act for Fiscal Year 2000". 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents 
TITLE I—INTELLIGENCE ACTIVITIES 
Sec. 101 
Sec. 102 
Sec. 103 
Sec. 104 
Authorization of appropriations. 
Classified schedule of authorizations. 
Personnel ceiling adjustments. 
Intelligence 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. Diplomatic intelligence support centers. 
Sec. 304. Protection of identity of retired covert agents. 
Sec. 305. Access to computers and computer data of executive branch employees 
with access to classified information. 
Sec. 306. Naturalization of certain persons affiliated with a Commuriist or similar 
party. 
Sec. 307. Technical amendment. 
Sec. 308. Declassification review of intelligence estimate on Vietnam-era prisoners 
of war and missing in action personnel and critical assessment of esti-
mate. 
Sec. 309. Report on legal standards applied for electronic surveillance. 
Sec. 310. Report on effects of foreign espionage on the United States. 
Sec. 311. Report on activities of the Central Intelligence Agency in Chile. 
Sec. 312. Report on Kosova Liberation Army. 
Sec. 313. Reaffirmation of longstanding prohibition against drug trafficking by 
employees of the intelligence community. 
Sec. 314. Sense of the Congress on classification and declassification. 
Sec. 315. Sense of the Congress on intelligence community contracting. 
TITLE IV—CENTRAL INTELLIGENCE AGENCY 
Sec. 
Sec. 
401. Improvement and extension of central services program. 
402. Extension of CIA Voluntary Separation Pay Act. 
PUBLIC LAW 106-120—DEC. 3, 1999 
113 STAT. 1607 
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES 
Sec. 501. Protection of operational files of the National Imagery and Mapping 
Agency. 
Sec. 502. Funding for infrastructure and quality of life improvements at Menwith 
Hill and Bad Aibling stations. 
TITLE VI—FOREIGN COUNTERINTELLIGENCE AND INTERNATIONAL 
TERRORISM INVESTIGATIONS 
Sec. 601. Expansion of definition of "agent of a foreign ]Jower" for purposes of the 
Foreign Intelligence Surveillance Act of 1978. 
Sec. 602. Federal Bureau of Investigation reports to other executive agencies on 
results of counterintelligence activities. 
TITLE VII—NATIONAL COMMISSION FOR THE REVIEW OF THE NATIONAL 
RECONNAISSANCE OFFICE 
Sec. 701. Findings. 
Sec. 702. National Commission for the Review of the National Reconnaissance 
Office. 
Sec. 703. Duties of commission. 
Sec. 704. Powers of commission. 
Sec. 705. Staff of commission. 
Sec. 706. Compensation and travel expenses. 
Sec. 707. Treatment of information relating to national security. 
Sec. 708. Final report; termination. 
Sec. 709. Assessments of final report. 
Sec. 710. Inapplicability of certain administrative provisions. 
Sec. 711. Funding. 
Sec. 712. Congressional intelligence committees defined. 
TITLE VIII—INTERNATIONAL NARCOTICS TRAFFICKING 
Sec. 801. Short title. 
Sec. 802. Findings and policy. 
Sec. 803. Purpose. 
Sec. 804. Public identification of significant foreign narcotics traffickers 
and 
required reports. 
Sec. 805. Blocking assets and prohibiting transactions. 
Sec. 806. Authorities. 
Sec. 807. Enforcement. 
Sec. 808. Definitions. 
Sec. 809. Exclusion of persons who have benefited from illicit activities of drug traf-
fickers. 
Sec. 810. Judicial Review Commission on Foreign Asset Control. 
Sec. 811. Effective date. 
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 inteUigence and inteUigence-related 
activities of the following elements of the United States Govern-
ment: 
(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, tlie Department 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 Agency. 
113 STAT. 1608 
PUBLIC LAW 106-120—DEC. 3, 1999 
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 ceiHngs as of September 30, 2000, 
for the conduct of the intelHgence and intelligence-related activities 
of the elements listed in such section, are those specified in the 
classified Schedule of Authorizations prepared to accompany the 
conference report on the bill H.R. 1555 of the One Hundred Sixth 
Congress. 
(b) 
AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZA-
TIONS.—The classified Schedule of Authorizations shall be made 
available to the Committees on Appropriations of the Senate and 
President. 
House of Representatives and to the President. The President shall 
provide for suitable distribution of the Schedule, or of appropriate 
portions of the Schedule, within the executive branch. 
SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 
(a) AUTHORITY FOR ADJUSTMENTS.—^With the approval of the 
Director of the Office of Management and Budget, the Director 
of Central Intelligence may authorize employment of civilian per-
sonnel in excess of the number authorized for fiscal year 2000 
under section 102 when the Director of Central Intelligence deter-
mines that such action is necessary to the performance of important 
intelligence functions, 
except that the number of personnel 
employed in excess of the number authorized under such section 
may not, for any element of the intelligence community, exceed 
2 percent of the number of civilian personnel 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 Intelligence of the Senate whenever the 
Director exercises the authority granted by this section. 
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated for the Intelligence Community Management 
Account of the Director of Central Intelligence for fiscal year 2000 
the sum of $170,672,000. 
(b) AUTHORIZED PERSONNEL LEVELS.—^The elements within the 
Community Management Account of the Director of Central Intel-
ligence are authorized a total of 348 full-time personnel as of 
September 30, 2000. Personnel serving in such elements may be 
permanent employees of the Community Management Account ele-
ment 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 subsection (a), there is also authorized 
to be appropriated for the Community Management Account 
for fiscal year 2000 such additional amounts as are specified 
in the classified Schedule of Authorizations referred to in sec-
tion 102(a). Such additional amounts shall remain available 
until September 30, 2001. 
PUBLIC LAW 106-120—DEC. 3, 1999 
113 STAT. 1609 
(2) AUTHORIZATION OF PERSONNEL.—In addition to the per-
sonnel authorized by subsection (b) for elements of the Commu-
nity Management Account as of September 30, 2000, there 
is hereby authorized such additional personnel for such ele-
ments as of that date as is specified in the classified 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 member 
of the Armed Forces who is detailed to the staff of an element 
within the Community Management Account iirom another element 
of the United States Government shall be detailed on a reimburs-
able basis, except that any such officer, employee, or member may 
be detailed on a nonreimbursable basis for a period of less than 
1 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 authorized to be appro- 21USC 873 note. 
priated in subsection (a), $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 Intel-
ligence shall transfer to the Attorney Greneral of the United 
States funds available for the National Drug Intelligence Center 
under paragraph (1). The Attorney General shall utilize funds 
so transferred for activities of the 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)(l)). 
(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 SUPPLEMENTAL APPRO-
PRIATIONS FOR FISCAL YEAR 1999. 
(a) AUTHORIZATION.—^Amounts authorizttd to be appropriated 
for fiscal year 1999 under section 101 of the Intelligence Authoriza-
tion Act for Fiscal Year 1999 (Public Law 105-272) for the conduct 
of the intelligence activities of elements of the United States 
Grovernment listed in such section are hereby increased, with respect 
to any such authorized amount, by the amount by which appropria-
tions pursuant to such authorization were increased by the 1999 
Emergency Supplemental Appropriations Act; (Public Law 106-31), 
for such amounts as are designated by Congjress as an emergency 
requirement pursuant 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 amounts appropriated in the 1999 Emergency Supplemental 
Appropriations Act for intelligence activities is hereby ratified and 
confirmed, to the extent such amounts are designated by Congress 
as an emergency requirement pursuant to the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
113 STAT. 1610 
PUBLIC LAW 106-120—DEC. 3, 1999 
TITLE 
II—CENTRAL 
INTELLIGENCE 
AGENCY RETIREMENT AND DISABIL-
ITY SYSTEM 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Central Intel-
ligence Agency Retirement and Disability Fund for fiscal year 2000 
the sum of $209,100,000. 
TITLE III—GENERAL PROVISIONS 
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
AUTHORIZED BY LAW. 
Appropriations authorized by this Act for salary, pay, retire-
ment, and other benefits for Federal employees may be increased 
by such additional or supplemental amounts as may be necessary 
for increases in such compensation or benefits authorized by law. 
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. 
The authorization of appropriations by this Act shall not be 
deemed to constitute authority for the conduct of any intelligence 
activity which is not otherwise authorized by the Constitution or 
the laws of the United States. 
SEC. 303. DIPLOMATIC INTELLIGENCE SUPPORT CENTERS. 
(a) IN GENERAL.—Title I of the National Security Act of 1947 
(50 U.S.C. 401 et seq.) is amended by adding at the end the 
following new section: 
50 u s e 404j. 
"LIMITATION ON ESTABLISHMENT OR OPERATION OF DIPLOMATIC 
INTELLIGENCE SUPPORT CENTERS 
"SEC. 115. (a) IN GENERAL.—(1) A diplomatic intelligence sup-
port center may not be established, operated, or maintained without 
the prior approval of the Director of Central Intelligence. 
"(2) The Director may only approve the establishment, oper-
ation, or maintenance of a diplomatic intelligence support center 
if the Director determines that the establishment, operation, or 
maintenance of such center is required to provide necessary intel-
ligence support in furtherance of the national security interests 
of the United States. 
"(b) PROHIBITION OF USE OF APPROPRIATIONS.—^Amounts appro-
priated pursuant to authorizations by law for intelligence and intel-
ligence-related activities may not be obligated or expended for the 
establishment, operation, or maintenance of a diplomatic intel-
ligence support center that is not approved by the Director of 
Central Intelligence. 
"(c) DEFINITIONS.—In this section: 
"(1) The term 'diplomatic intelligence support center' means 
an entity to which employees of the various elements of the 
intelligence community (as defined in section 3(4)) are detailed 
for the purpose of providing analytical intelligence support 
that— 
PUBLIC LAW 106-120—DEC. 3, 1999 
113 STAT. 1611 
"(A) consists of intelligence analyses on military or 
political matters and expertise to conduct limited assess-
ments and dynamic taskings for a chief of mission; and 
"(B) is not intelligence support traditionally provided 
to a chief of mission by the Director of Central Intelligence. 
"(2) The term 'chief of mission' has the meaning given 
that term by section 102(3) of the Foreign Service Act of 1980 
(22 U.S.C. 3902(3)), and includes ambassadors at large and 
ministers of diplomatic missions of the United States, or per-
sons appointed to lead United States offices abroad designated 
by the Secretary of State as diplomatic in nature. 
"(d) TERMINATION.—^This section shall cease to be effective on 
October 1, 2000.". 
(b) CLERICAL AMENDMENT.—^The table of contents contained 
in the first section of such Act is amend(;d by inserting after 
the item relating to section 114 the following new item: 
"Sec. 115. Limitation on establishment or operation of diplomatic intelligence 
support centers.". 
SEC. 304. 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 inserting "a 
present or retired officer or employee"; and 
(2) by striking "a member" and inserting "a present or 
retired member". 
(b) PRISON SENTENCES FOR VIOLATIONS.— 
(1) IMPOSITION OF CONSECUTIVE SENTENCES.—Section 
601 
of the National Security Act of 1947 (50 U.S.C. 421) is amended 
by adding at the end the following new subsection: 
"(d) A term of imprisonment imposed under this section shall 
be consecutive to any other sentence of imprisonment.". 
(2) TECHNICAL AMENDMENTS.—Such section 601 is further 
amended— 
(A) in subsection (a), by striking "shall be fined not 
more than $50,000" and inserting "shall be fined under 
title 18, United States Code,"; 
(B) in subsection (b), by striking "shall be fined not 
more than $25,000" and inserting "shall be fined under 
title 18, United States Code,"; and 
(C) in subsection (c), by striking "shall be fined not 
more than $15,000" and inserting "shall be fined under 
title 18, United States Code,". 
SEC. 305. ACCESS TO COMPUTERS AND COMPUTER DATA OF EXECU-
TIVE BRANCH EMPLOYEES WITH ACCESS TO CLASSIFIED 
INFORMATION. 
(a) ACCESS.—Section 801(a)(3) of the National Security Act 
of 1947 (50 U.S.C. 435(a)(3)) is amended by striking "and travel 
records" and inserting "travel records, and computers used in the 
performance of Government duties". 
(b) COMPUTER DEFINED.—Section 804 of that Act (50 U.S.C. 
438) is amended— 
(1) by striking "and" at the end of paragraph (6); 
(2) by striking the period at the end of paragraph (7) 
and inserting "; and"; and 
(3) by adding at the end the following: 
113 STAT. 1612 
PUBLIC LAW 106-120—DEC. 3, 1999 
"(8) the term 'computer' means any electronic, magnetic, 
optical, electrochemical, or other high speed data processing 
device performing logical, arithmetic, or storage functions, and 
includes any data storage facility or communications facility 
directly related to or operating in conjunction with such device 
and any data or other information stored or contained in such 
device.". 
President. 
(c) APPLICABILITY.—^The President shall modify the procedures 
Dea^ne 
required by section 801(a)(3) of the National Security Act of 1947 
50 UbC 435 note. ^^ ^^j^g JJ^^Q account the amendment to that section made by sub-
section (a) of this section not later than 90 days after the date 
of the enactment of this Act. 
SEC. 306. NATURALIZATION OF CERTAIN PERSONS AFFILIATED WITH 
A COMMUNIST OR SIMILAR PARTY. 
Section 313 of the Immigration and Nationality Act (8 U.S.C. 
1424) is amended by adding at the end the following new subsection: 
"(e) A person may be naturalized under this title without regard 
to the prohibitions in subsections (a)(2) and (c) of this section 
if the person— 
"(1) is otherwise eligible for naturalization; 
"(2) is within the class described in subsection (a)(2) solely 
because of past membership in, or past affiliation with, a party 
or organization described in that subsection; 
"(3) does not fall within any other of the classes described 
in that subsection; and 
"(4) is determined by the Director of Central Intelligence, 
in consultation with the Secretary of Defense, and with the 
concurrence of the Attorney General, to have made a contribu-
tion to the national security or to the national intelligence 
mission of the United States.". 
SEC. 307. TECHNICAL AMENDMENT. 
Section 305(b)(2) of the Intelligence Authorization Act for Fiscal 
Year 1997 (Public Law 104-293; 110 Stat. 3465; 8 U.S.C. 1427 
note) is amended by striking "subparagraph (A), (B), (C), or (D) 
of section 243(h)(2) of such Act" and inserting "clauses (i) through 
(iv) of section 241(b)(3)(B) of such Act". 
SEC. 308. DECLASSIFICATION REVIEW OF INTELLIGENCE ESTIMATE 
ON VIETNAM-ERA PRISONERS OF WAR AND MISSING IN 
ACTION PERSONNEL AND CRITICAL ASSESSMENT OF 
ESTIMATE. 
(a) DECLASSIFICATION REVIEW.—Subject to subsection (b), the 
Director of Central Intelligence shall review for declassification 
the following: 
(1) National Intelligence Estimate 98-03 dated April 1998 
and entitled "Vietnamese Intentions, Capabilities, and Perform-
ance Concerning the POW/MIA Issue". 
(2) The assessment dated November 1998 and entitled 
"A Critical Assessment of National Intelligence Estimate 98-
03 prepared by the United States Chairman of the Vietnam 
War Working Group of the United States-Russia Joint Commis-
sion on POWs and MIAs". 
(b) LIMITATIONS.—The Director shall not declassify any text 
contained in the estimate or assessment referred to in subsection 
(a) which would— 
(1) reveal intelligence sources and methods; or 
PUBLIC LAW 106-120—DEC. 3, 1999 
113 STAT. 1613 
(2) disclose by name the identity of a living foreign indi-
vidual who has cooperated with United Steites efforts to account 
for missing personnel from the Vietnam era. 
(c) DEADLINE.—The Director shall complete the declassification 
review of the estimate and assessment under subsection (a) not 
later than 30 days after the date of the enactment of this Act. 
SEC. 309. 
REPORT 
ON 
LEGAL 
STANDARDS 
APPLIED 
FOR 
ELECTRONIC 
SURVEILLANCE. 
(a) REPORT.—^Not later than 60 days after the date of the Deadline, 
enactment of this Act, the Director of Central Intelligence, the 
Director of the National Security Agency, and the Attorney General 
shall jointly prepare, and the Director of the National Security 
Agency shall submit to the appropriate congressional committees, 
a report in classified and unclassified form providing a detailed 
analysis of the legal standards employed by e;lements of the intel-
ligence community in conducting signals intelligence activities, 
including electronic surveillance. 
(b) 
MATTERS SPECIFICALLY ADDRESSED.—The report shall 
specifically include a statement of each of the following legal stand-
ards: 
(1) The legal standards for interception of communications 
when such interception may result in the acquisition of informa-
tion from a communication to or from United States persons. 
(2) The legal standards for intentional targeting of the 
communications to or from United States p>ersons. 
(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 information 
acquired through the interception of the communications to 
or from United States persons. 
(c) DEFINITIONS.—^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 that term under section lOl(i) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801(i)). 
(3) The term "appropriate congressional committees" means 
the Permanent Select Committee on Intelligence and the Com-
mittee on the Judiciary of the House of Representatives and 
the Select Committee on Intelligence and the Committee on 
the Judiciary of the Senate. 
SEC. 310. REPORT ON EFFECTS OF FOREIGN ESPIONAGE ON THE 
UNITED STATES. 
Not later than 270 days after the date of the enactment of Deadline, 
this Act, the Director of Central Intelligence shall submit to Con-
gress 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 dev<;lopment. The report 
shall also include an analysis of other effects of such espionage 
on the United States. 
113 STAT. 1614 
PUBLIC LAW 106-120—DEC. 3, 1999 
Augusto 
Pinochet. 
SEC. 311. REPORT ON ACTIVITIES OF THE CENTRAL INTELLIGENCE 
AGENCY IN CHILE. 
Deadline. 
(a) IN GENERAL.—By not later than 270 days after the date 
of the enactment of this Act, the Director of Central Intelligence 
shall submit to the appropriate congressional committees a report 
describing all activities of officers, 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 officers or 
agents of former President Pinochet. 
(b) DEFINITION.—In this section, the term "appropriate congres-
sional 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. 312. REPORT ON KOSOVA LIBERATION ARMY. 
Deadline. 
(a) REPORT.—Not later than 30 days after the date of the 
enactment of this Act, the Director of Central Intelligence shall 
submit to the appropriate congressional committees a report (in 
both classified and unclassified form) on the organized resistance 
in Kosovo known as the Kosova Liberation Army. The report shall 
include the following: 
(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 operations of the Kosova Liberation 
Army (fielded forces), and the number of individuals in 
training 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 sufficiency of such training to conduct effective 
military operations; and 
(C) minimum 
additional 
weaponry 
and 
training 
required to improve substantially the efficacy of such mili-
tary operations. 
(3) An estimate of the percentage of funding (if any) of 
the Kosova Liberation Army that is attributable 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 leader-
ship; and 
(B) the sentiment of the leadership toward the United 
States. 
PUBLIC LAW 106-120—DEC. 3, 1999 
113 STAT. 1615 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—AS 
used in this section, the term "appropriate congressional commit-
tees" means the Committee on International Relations and the 
Permanent Select Committee on Intelligence of the House of Rep-
resentatives and the Committee on Foreign Re lations and the Select 
Committee on Intelligence of the Senate. 
SEC. 313. REAFFIRMATION OF LONGSTA>fDING PROHIBITION AGAINST 
50 USC 403-8. 
DRUG TRAFFICKING BY EMPLOYEES OF THE INTEL-
LIGENCE COMMUNITY. 
(a) FINDING.—Congress finds that longstanding statutes, regu-
lations, and policies of the United States prohibit employees, agents, 
and assets of the elements of the intelligence community, and 
of every other Federal department £ind agency, from engaging in 
the illegal manufacture, purchase, sale, transport, and distribution 
of drugs. 
(b) OBLIGATION OF EMPLOYEES OF INTELLIGENCE COMMUNITY.— 
Any employee of the intelligence community having knowledge of 
a fact or circumstance that reasonably indicates that an employee, 
agent, or asset of an element of the intelligence community is 
involved in any activity that violates a statute;, regulation, or policy 
described in subsection (a) shall report such knowledge to an appro-
priate official. 
(c) INTELLIGENCE COMMUNITY DEFINED.—In this section, the 
term "intelligence community" has the meaning given that term 
in section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401a(4)). 
SEC. 314. SENSE OF THE CONGRESS ON CLASSIFICATION AND DECLAS-
SIFICATION. 
It is the sense of the Congress that the systematic declassifica-
tion of records of permanent historical value is in the public interest 
and that the management of classification and declassification by 
executive branch agencies requires comprehcinsive reform and the 
dedication by the executive branch of additional resources. 
SEC. 315. 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 <jlements of the intel-
ligence community, whenever compatible with the national security 
interests of the United States and consistent with operational and 
security concerns related to the conduct 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. IMPROVEMENT AND EXTENSION OF CBJNTRAL SERVICES PRO-
GRAM. 
(a) SCOPE OF PROVISION OF ITEMS AND SERVICES.—Subsection 
(a) of section 21 of the Central lntelligenc<i Agency Act of 1949 
(50 U.S.C. 403u) is amended by striking "and to other" and inserting 
69-194-01-4: QL3Part3 
113 STAT. 1616 
PUBLIC LAW 106-120—DEC. 3, 1999 
", 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: 
50 u s e 403-5b. 
"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 
PUBLIC LAW 106-120—DEC. 3, 1999 
113 STAT. 1617 
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 ][awfully 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 imder paragraph (1) which 
contain information derived or disseminated from exempted oper-
ational files shall be subject to search and revi<jw. 
"(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 ]'etumed 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 NIM^fi has withheld records 
improperly because of failure to comply with any provision of this 
section, judicial review shall be available undier 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 
113 STAT. 1618 
PUBLIC LAW 106-120—DEC. 3, 1999 
is filed with, or produced for, the court by NIMA, such informa-
tion shall be examined ex parte, in camera by the court. 
Courts. 
"(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. 
PUBLIC LAW 106-120—DEC. 3, 1999 
113 STAT. 1619 
"(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 itemi relating to section 
105A the following new item: 
"Sec. 105B. Protection of operational files of the National Imagery and Mapping 
Agency.". 
(b) 
TREATMENT O F CERTAIN 
TRANSFERRED RECORDS.—Any 
50USC403-5b 
record transferred to the National Imagery sind Mapping Agency note, 
from exemptedoperational files of the Centra]! 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 AP4D QUALITY OF LIFE 
IMPROVEMENTS AT MENWITH ffllX 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 
COtFNTERINTEL-
LIGENCE AND INTERNATIONAL TER-
RORISM INVESTIGATIONS 
SEC. 601. EXPANSION OF DEFINITION OF «A<5ENT OF A FOREIGN 
POWER" FOR PURPOSES OF THE FOREIGN INTEL-
LIGENCE SURVEILLANCE ACT OF 1J>78. 
Section 101(b)(2) of the Foreign Intelligesnce 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 fi-audulent identity for or on behalf of a foreign power 
or, while in the United States, knowingly assumes a false 
113 STAT. 1620 
PUBLIC LAW 106-120—DEC. 3, 1999 
or fraudulent identity for or on behalf of a foreign power; 
or". 
SEC. 602. FEDERAL BUREAU OF INVESTIGATION REPORTS TO OTHER 
EXECUTIVE AGENCIES ON RESULTS OF COUNTERINTEL-
LIGENCE ACTIVITIES. 
Section 811(c)(2) of the Counterintelligence and Security 
Enhancements Act of 1994 (title VIII of Public Law 103-359; 108 
Stat. 3455; 50 U.S.C. 402a(c)(2)) is amended by striking "after 
a report has been provided pursuant to paragraph (1)(A)". 
TITLE 
VII—NATIONAL 
COMMISSION 
FOR THE REVIEW OF THE NATIONAL 
RECONNAISSANCE OFFICE 
50 u s e 401 note. 
SEC. 701. FINDINGS. 
Congress makes the following findings: 
(1) Imagery and signals intelligence satellites are vitally 
important to the security of the Nation. 
(2) The National Reconnaissance Office (in this title 
referred to as the "NRO") and its predecessor organizations 
have helped protect and defend the United States for more 
than 30 years. 
(3) The end of the Cold War and the enormous growth 
in usage of information technology have changed the environ-
ment in which the intelligence community must operate. At 
the same time, the intelligence community has undergone 
significant changes in response to dynamic developments in 
strategy and in budgetary matters. The acquisition and mainte-
nance of satellite systems are essential to providing timely 
intelligence to national policymakers and achieving information 
superiority for military leaders. 
(4) There is a need to evaluate the roles and mission, 
organizational structure, technical skills, contractor relation-
ships, use of commercial imagery, acquisition of launch vehicles, 
launch services, and launch infrastructure, mission assurance, 
acquisition authorities, and relationship to other agencies and 
departments of the Federal Government of the NRO in order 
to assure continuing success in satellite reconnaissance in the 
new millennium. 
50 u s e 401 note. 
SEC. 702. NATIONAL COMMISSION FOR THE REVIEW OF THE NATIONAL 
RECONNAISSANCE OFFICE. 
(a) ESTABLISHMENT.—There is established a commission to be 
known as the "National Commission for the Review of the National 
Reconnaissance Office" (in this title referred to as the "Commis-
sion"). 
(b) COMPOSITION.—^The Commission shall be composed of 11 
members, as follows: 
(1) The Deputy Director of Central Intelligence for Commu-
nity Management. 
(2) Three members appointed by the Majority Leader of 
the Senate, in consultation with the Chairman of the Select 
Committee on Intelligence of the Senate, one from Members 
of the Senate and two from private life. 
PUBLIC LAW 106-120—DEC. 3, 1999 
113 STAT. 1621 
(3) Two members appointed by the Minority Leader of 
the Senate, in consultation with the Vice Chairman of the 
Select Committee on Intelligence of the Senate, one from Mem-
bers of the Senate and one from private life. 
(4) Three members appointed by the Speaker of the House 
of Representatives, in consultation with the Chairman of the 
Permanent Select Committee on Intelligence of the House of 
Representatives, one from Members of the House of Representa-
tives and two from private life. 
(5) Two members appointed by th€i Minority Leader of 
the House of Representatives, in consultation with the ranking 
member of the Permanent Select Committee on Intelligence 
of the House of Representatives, one from Members of the 
House of Representatives and one from private life. 
The Director of the National Reconnaissance Office shall be an 
ex officio member of the Commission. 
(c) MEMBERSHIP.—(1) The individuals appointed as members 
of the Commission shall be individuals who are nationally recog-
nized for expertise, knowledge, or experience in— 
(A) technical intelligence collection systems and methods; 
(B) research and development programs; 
(C) acquisition management; 
(D) use of intelligence information by national policymakers 
and military leaders; or 
(E) the implementation, funding, or oversight of the 
national security policies of the United States. 
(2) An official who appoints members of the Commission may 
not appoint an individual as a member of 1:he Commission if, in 
the judgment of the official, such individual p>ossesses any personal 
or financial interest in the discharge of any of the duties of the 
Commission. 
(3) All members of the Commission appointed from private 
life shall possess an appropriate security clearance in accordance 
with applicable laws and regulations concerning the handling of 
classified information. 
(d) CO-CHAIRS.—(1) The Commission shidl have two co-chairs, 
selected from among the members of the Commission. 
(2) One co-chair of the Commission shall be a member of 
the Democratic Party, and one co-chair shall be a member of the 
Republican Party. 
(3) The individuals who serve as the co-chairs of the Commis-
sion shall be jointly agreed upon by the Piresident, the Majority 
Leader of the Senate, the Minority Leader of the Senate, and 
Speaker of the House of Representatives, and the Minority Leader 
of the House of Representatives. 
(e) APPOINTMENT; INITIAL MEETING.—(1) 
Members of the Deadline. 
Commission shall be appointed not later tlian 45 days after the 
date of the enactment of this Act. 
(2) The Commission shall hold its initial meeting on the date 
that is 60 days after the date of the enactment; of this Act. 
(f) 
MEETINGS; QUORUM; VACANCIES.—(1) After its initial 
meeting, the Commission shall meet upon the call of the co-chairs 
of the Commission. 
(2) Six members of the Commission shall constitute a quorum 
for purposes of conducting business, except that two members of 
the Commission shall constitute a quorum for purposes of receiving 
testimony. 
113 STAT. 1622 
PUBLIC LAW 106-120—DEC. 3, 1999 
(3) Any vacancy in the Commission shall not affect its powers, 
but shall be filled in the same manner in which the original appoint-
ment was made. 
(4) If vacancies in the Commission occur on any day after 
45 days after the date of the enactment of this Act, a quorum 
shall consist of a majority of the members of the Commission 
as of such day. 
(g) ACTIONS OF COMMISSION.—(1) The Commission shall act 
by resolution agreed to by a majority of the members of the Commis-
sion voting and present. 
(2) The Commission may establish panels composed of less 
than the full membership of the Commission for purposes of car-
rying out the duties of the Commission under this title. The actions 
of any such panel shall be subject to the review and control of 
the Commission. Any findings and determinations made by such 
a panel shall not be considered the findings and determinations 
of the Commission unless approved by the Commission. 
(3) Any member, agent, or staff of the Commission may, if 
authorized by the co-chairs of the Commission, take any action 
which the Commission is authorized to take pursuant to this title. 
50 u s e 401 note. 
SEC. 703. DUTIES OF COMMISSION. 
(a) IN GENERAL.—The duties of the Commission shall be— 
(1) to conduct, until not later than the date on which 
the Commission submits the report under section 708(a), the 
review described in subsection (b); and 
Reports. 
(2) to submit to the congressional intelligence committees, 
the Director of Central Intelligence, and the Secretary of 
Defense a final report on the results of the review. 
(b) 
REVIEW.—The Commission 
shall 
review the 
current 
organization, practices, and authorities of the NRG, in particular 
with respect to— 
(1) roles and mission; 
(2) organizational structure; 
(3) technical skills; 
(4) contractor relationships; 
(5) use of commercial imagery; 
(6) acquisition of launch vehicles, launch services, and 
launch infrastructure, and mission assurance; 
(7) acquisition authorities; and 
(8) relationships with other agencies and departments of 
the Federal Government. 
50 u s e 401 note. 
SEC. 704. POWERS OF COMMISSION. 
(a) IN GENERAL.—(1) The Commission or, on the authorization 
of the Commission, any subcommittee or member thereof, may, 
for the purpose of carrying out the provisions of this title— 
(A) hold such hearings and sit and act at such times 
and places, take such testimony, receive such evidence, and 
administer such oaths; and 
(B) require, by subpoena or otherwise, the attendance and 
testimony of such witnesses and the production of such books, 
records, correspondence, memoranda, papers, and documents, 
as the Commission or such designated subcommittee or designated 
member considers necessary. 
(2) Subpoenas may be issued under paragraph (1)(B) under 
the signature of the co-chairs of the Commission, and may be 
served by any person designated by such co-chairs. 
PUBLIC LAW 106-120—DEC. 3, 1999 
113 STAT. 1623 
(3) The provisions of sections 102 througli 104 of the Revised Applicability. 
Statutes of the United States (2 U.S.C. 192-194) shall apply in 
the case of any failure of a witness to comply with any subpoena 
or to testify when summoned under authority of this section. 
(b) CONTRACTING.—The Commission may, to such extent and 
in such amounts as are provided in advance iii appropriation Acts, 
enter into contracts to enable the Commission to discharge its 
duties under this title. 
(c) INFORMATION FROM FEDERAL AGENCIES.—^The Commission 
may secure directly from any executive department, agency, bureau, 
board, commission, office, independent establishment, or instrumen-
tality of the Government information, suggestions, estimates, and 
statistics for the purposes of this title. Ea(;h such department, 
agency, bureau, board, commission, office, establishment, or 
instrumentality shall, to the extent authorized by law, furnish 
such information, suggestions, estimates, and statistics directly to 
the Commission, upon request of the co-chairs of the Commission. 
The Commission shall handle and protect all classified information 
provided to it under this section in accordance with applicable 
statutes and regulations. 
(d) ASSISTANCE FROM FEDERAL AGENCIES.—(1) The Director 
of Central Intelligence shall provide to the Commission, on a non-
reimbursable basis, such administrative services, funds, staff, facili-
ties, and other support services as are necessary for the performance 
of the Commission's duties under this title. 
(2) The Secretary of Defense may provide the Commission, 
on a nonreimbursable basis, with such administrative services, 
staff, and other support services as the Commission may request. 
(3) In addition to the assistance set fonbh in paragraphs (1) 
and (2), other departments and agencies of the United States may 
provide the Commission such services, fiinds, facilities, staff, and 
other support as such departments and agencies consider advisable 
and as may be authorized by law. 
(4) The Commission shall receive the full and timely cooperation 
of any official, department, or agency of the Li^nited States Govern-
ment whose assistance is necessary for the fulfillment of the duties 
of the Commission under this title, including the provision of full 
and current briefings and analyses. 
(e) PROHIBITION ON WITHHOLDING INFORMATION.—No depart-
ment or agency of the Government may withiiold information from 
the Commission on the grounds that providing the information 
to the Commission would constitute the unauthorized disclosure 
of classified information or information relating to intelligence 
sources or methods. 
(f) POSTAL SERVICES.—The Commission may use the United 
States mails in the same manner and under the same conditions 
as the departments and agencies of the United States. 
(g) GIFTS.—The Commission may accept, use, and dispose of 
gifts or donations of services or property in carrying out its duties 
under this title. 
SEC. 705. STAFF OF COMMISSION. 
50 USC 401 note. 
(a) IN GENERAL.—(1) The co-chairs of the Commission, in 
accordance with rules agreed upon by the Commission, shall appoint 
and fix the compensation of a staff director and such other personnel 
as may be necessary to enable the Commission to carry out its 
duties, without regard to the provisions of title 5, United States 
113 STAT. 1624 
PUBLIC LAW 106-120—DEC. 3, 1999 
Code, governing appointments in the competitive service, and with-
out regard to the provisions of chapter 51 and subchapter III 
or chapter 53 of such title relating to classification and General 
Schedule pay rates, except that no rate of pay fixed under this 
subsection may exceed the equivalent of that payable to a person 
occupying a position at level V of the Executive Schedule under 
section 5316 of such title. 
(2) Any Federal Government employee may be detailed to the 
Commission without reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges of his or 
her regular employment without interruption. 
(3) All staff of the Commission shall possess a security clearance 
in accordance with applicable laws and regulations concerning the 
handling of classified information. 
(b) CONSULTANT SERVICES.—(1) The Commission may procure 
the services of experts and consultants in accordance with section 
3109 of title 5, United States Code, but at rates not to exceed 
the daily rate paid a person occupying a position at level IV of 
the Executive Schedule under section 5315 of such title, 
(2) All experts and consultants employed by the Commission 
shall possess a security clearance in accordance with applicable 
laws and regulations concerning the handling of classified informa-
tion. 
50 u s e 401 note. 
SEC. 706. COMPENSATION AND TRAVEL EXPENSES. 
(a) COMPENSATION.—(1) Except as provided in paragraph (2), 
each member of the Commission may be compensated at not to 
exceed the daily equivalent of the annual rate of basic pay in 
effect for a position at level IV of the Executive Schedule under 
section 5315 of title 5, United States Code, for each day during 
which that member is engaged in the actual performance of the 
duties of the Commission under this title. 
(2) Members of the Commission who are officers or employees 
of the United States or Members of Congress shall receive no 
additional pay by reason of their service on the Commission. 
(b) TRAVEL EXPENSES.—^While away from their homes or regular 
places of business in the performance of services for the Commis-
sion, members of the Commission may be allowed travel expenses, 
including per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in the Government service are 
allowed expenses under section 5703(b) of title 5, United States 
Code. 
50 u s e 401 note. 
SEC. 707. TREATMENT OF INFORMATION RELATING TO NATIONAL 
SECURITY. 
(a) IN GENERAL.—(1) The Director of Central Intelligence shall 
assume responsibility for the handling and disposition of any 
information related to the national security of the United States 
that is received, considered, or used by the Commission under 
this title. 
(2) Any information related to the national security of the 
United States that is provided to the Commission by a congressional 
intelligence committee may not be further provided or released 
without the approval of the chairman of such committee. 
(b) 
ACCESS AFTER TERMINATION OF COMMISSION.—Notwith-
standing any other provision of law, after the termination of the 
Commission under section 708, only the Members and designated 
staff of the congressional intelligence committees, the Director of 
PUBLIC LAW 106-120—DEC. 3, 1999 
113 STAT. 1625 
Central Intelligence and the designees of the; Director, and such 
other officials of the executive branch as the President may des-
ignate shall have access to information rekited to the national 
security of the United States that is received, considered, or used 
by the Commission. 
SEC. 708. FINAL REPORT; TERMINATION. 
50 USC 401 note. 
(a) FINAL REPORT.—Not later than November 1, 2000, the DeadUne. 
Commission shall submit to the congressional intelligence commit-
tees, the Director of Central Intelligence, and the Secretary of 
Defense a final report as required by section 703(a). 
(b) TERMINATION.—(1) The Commission, aiid all the authorities 
of this title, shall terminate at the end of the 120-day period 
beginning on the date on which the final report under subsection 
(a) is transmitted to the congressional intelligence committees. 
(2) The Commission may use the 120-d£iy period referred to 
in paragraph (1) for the purposes of concluding its activities, 
including providing testimony to committees of Congress concerning 
the final report referred to in that paragraph and disseminating 
the report. 
SEC. 709. ASSESSMENTS OF FINAL REPORT. 
50 USC 401 note. 
Not later than 60 days after receipt of the final report under Deadline, 
section 708(a), the Director of Central Intelligence and the Secretary 
of Defense shall each submit to the congressional intelligence 
committees an assessment by the Director or the Secretary, as 
the case may be, of the final report. Each ass€;ssment shall include 
such comments on the findings and recommendations contained 
in the final report as the Director or Secretary, as the case may 
be, considers appropriate. 
SEC. 710. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVI- 
50 USC 401 note. 
SIONS. 
(a) FEDERAL ADVISORY COMMITTEE ACT.—The provisions of the 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the activities of the Commission under this title. 
(b) FREEDOM OF INFORMATION ACT.—The provisions of section 
552 of title 5, United States Code (commonly referred to as the 
Freedom of Information Act), shall not apply to the activities, 
records, and proceedings of the Commission under this title. 
SEC. 711. FUNDING. 
50 USC 401 note. 
(a) TRANSFER FROM NRO.—Of the amounts authorized to be 
appropriated by this Act for the National Reconnaissance Office, 
the Director of the National Reconnaissance Office shall transfer 
to the Director of Central Intelligence $5,000,000 for purposes of 
the activities of the Commission under this titUj. 
(b) AVAILABILITY IN GENERAL.—The Director of Central Intel-
ligence shall make available to the Commission, from the amount 
transferred to the Director under subsection (a), such amounts 
as the Commission may require for purposes of the activities of 
the Commission under this title. 
(c) DURATION OF AVAILABILITY.—^Amounts made available to 
the Commission under subsection (b) shall rcsmain available until 
expended. 
113 STAT. 1626 
PUBLIC LAW 106-120—DEC. 3, 1999 
50 use 401 note. 
SEC. 712. CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED. 
In this title, the term "congressional intelligence committees" 
means the following: 
(1) The Select Committee on Intelligence of the Senate. 
(2) The Permanent Select Committee on Intelligence of 
the House of Representatives. 
Foreign Narcotics 
Kingpin 
Designation Act. 
TITLE VIII—INTERNATIONAL 
NARCOTICS TRAFFICKING 
21 use 1901 
note. 
21 use 1901. 
21 use 1902. 
President. 
21 use 1903. 
SEC. 801. SHORT TITLE. 
This title may be cited as the "Foreign Narcotics Kingpin 
Designation Act". 
SEC. 802. FINDINGS AND POLICY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) Presidential Decision Directive 42, issued on October 
21, 1995, ordered agencies of the executive branch of the United 
States Government to, inter alia, increase the priority and 
resources devoted to the direct and immediate threat inter-
national crime presents to national security, work more closely 
with other governments to develop a global response to this 
threat, and use aggressively and creatively all legal means 
available to combat international crime. 
(2) Executive Order No. 12978 of October 21, 1995, provides 
for the use of the authorities in the International Emergency 
Economic Powers Act (lEEPA) (50 U.S.C. 1701 et seq.) to target 
and apply sanctions to four international narcotics traffickers 
and their organizations that operate from Colombia. 
(3) lEEPA was successfully applied to international nar-
cotics traffickers in Colombia and based on that successful 
case study. Congress believes similar authorities should be 
applied worldwide. 
(4) There is a national emergency resulting from the activi-
ties of international narcotics traffickers and their organizations 
that threatens the national security, foreign policy, and 
economy of the United States. 
(b) POLICY.—It shall be the policy of the United States to 
apply economic and other financial sanctions to significant foreign 
narcotics traffickers and their organizations worldwide to protect 
the national security, foreign policy, and economy of the United 
States from the threat described in subsection (a)(4). 
SEC. 803. PURPOSE. 
The purpose of this title is to provide authority for the identi-
fication of, and application of sanctions on a worldwide basis to, 
significant foreign narcotics traffickers, their organizations, and 
the foreign persons who provide support to those significant foreign 
narcotics traffickers and their organizations, whose activities 
threaten the national security, foreign policy, and economy of the 
United States. 
SEC. 804. PUBLIC 
IDENTIFICATION 
OF SIGNIFICANT 
FOREIGN 
NARCOTICS TRAFFICKERS AND REQUIRED REPORTS. 
(a) 
PROVISION 
OF INFORMATION 
TO THE PRESIDENT.—The 
Secretary of the Treasury, the Attorney General, the Secretary 
PUBLIC LAW 106-120—DEC. 3, 1999 
113 STAT. 1627 
of Defense, the Secretary of State, and the Director of Central 
InteUigence shall consult among themselves emd provide the appro-
priate and necessary information to enable the; President to submit 
the report under subsection (b). This information shall also be 
provided to the Director of the Office of National Drug Control 
Policy. 
(b) PUBLIC IDENTIFICATION AND SANCTIOJJING OF SIGNIFICANT 
FOREIGN NARCOTICS TRAFFICKERS.—^Not later than June 1, 2000, Deadline, 
and not later than June 1 of each year thereafter, the President 
shall submit a report to the Permanent Select Committee on Intel-
ligence, and the Committees on the Judiciary, International Rela-
tions, Armed Services, and Ways and Means of the House of Rep-
resentatives; and to the Select Committee on Intelligence, and the 
Committees on the Judiciary, Foreign Relations, Armed Services, 
and Finance of the Senate— 
(1) identifying publicly the foreign persons that the Presi-
dent determines are appropriate for sanctions pursuant to this 
title; and 
(2) detailing publicly the President's intent to impose sanc-
tions upon these significant foreign narcotics traffickers pursu-
ant to this title. 
The report required in this subsection shall not include information 
on persons upon which United States sanctions imposed under 
this title, or otherwise on account of narcotics trafficking, are 
already in effect. 
(c) UNCLASSIFIED REPORT REQUIRED.—^The report required by PubUc 
subsection (b) shall be submitted in unclassified form and made information, 
available to the public. 
(d) CLASSIFIED REPORT.—(1) Not later than July 1, 2000, and Deadline, 
not later than July 1 of each year thereafter', the President shall 
provide the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intelligence 
of the Senate with a report in classified form describing in detail 
the status of the sanctions imposed under this title, including 
the personnel and resources directed towards the imposition of 
such sanctions during the preceding fiscal year, and providing back-
ground information with respect to newly-identified significant for-
eign narcotics traffickers and their activities. 
(2) Such classified report shall describe actions the President 
intends to undertake or has undertaken with respect to such signifi-
cant foreign narcotics traffickers. 
(3) llie report required under this subsection is in addition 
to the President's obligations to keep the intelligence committees 
of Congress fully and currently informed pursuant to the provisions 
of the National Security Act of 1947. 
(e) EXCLUSION OF CERTAIN INFORMATION.— 
(1) INTELLIGENCE.—Notwithstanding any other provision 
of this section, the reports described in. subsections (b) and 
(d) shall not disclose the identity of any person, if the Director 
of Central Intelligence determines that such disclosure could 
compromise an intelligence operation, activity, source, or 
method of the United States. 
(2) LAW ENFORCEMENT.—^Notwithstanding any other provi-
sion of this section, the reports described in subsections (b) 
and (d) shall not disclose the name of any person if the Attorney 
(xeneral, in coordination as appropriate with the Director of 
the Federal Bureau of Investigation, the Administrator of the 
113 STAT. 1628 
PUBLIC LAW 106-120—DEC. 3, 1999 
Deadline. 
Notification. 
Deadline. 
Public 
information. 
Drug Enforcement Administration, and the Secretary of the 
Treasury, determines that such disclosure could reasonably 
be expected to— 
(A) compromise the identity of a confidential source, 
including a State, local, or foreign agency or authority or any 
private institution that furnished information on a confidential 
basis; 
(B) jeopardize the integrity or success of an ongoing 
criminal investigation or prosecution; 
(C) endanger the life or physical safety of any person; 
or 
(D) cause substantial harm to physical property. 
(f) NOTIFICATION REQUIRED.—(1) Whenever either the Director 
of Central Intelligence or the Attorney General makes a determina-
tion under subsection (e), the Director of Central Intelligence or 
the Attorney General shall notify the Permanent Select Committee 
on Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate, and explain the reasons 
for such determination. 
(2) The notification required under this subsection shall be 
submitted to the Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Committee on Intel-
ligence of the Senate not later than July 1, 2000, and on an 
annual basis thereafter. 
(g) DETERMINATIONS NOT TO APPLY SANCTIONS.—(1) The Presi-
dent may waive the application to a significant foreign narcotics 
trafficker of any sanction authorized by this title if the President 
determines that the application of sanctions under this title would 
significantly harm the national security of the United States. 
(2) When the President determines not to apply sanctions that 
are authorized by this title to any significant foreign narcotics 
trafficker, the President shall notify the Permanent Select Com-
mittee on Intelligence, and the Committees on the Judiciary, Inter-
national Relations, Armed Services, and Ways and Means of the 
House of Representatives, and the Select Committee on Intelligence, 
and the Committees on the Judiciary, Foreign Relations, Armed 
Services, and Finance of the Senate not later than 21 days after 
making such determination. 
(h) CHANGES IN DETERMINATIONS TO IMPOSE SANCTIONS.— 
(1) ADDITIONAL DETERMINATIONS.—(A) If at any time after 
the report required under subsection (b) the President finds 
that a foreign person is a significant foreign narcotics trafficker 
and such foreign person has not been publicly identified in 
a report required under subsection (b), the President shall 
submit an additional public report containing the information 
described in subsection (b) with respect to such foreign person 
to the Permanent Select Committee on Intelligence, and the 
Committees on the Judiciary, International Relations, Armed 
Services, and Ways and Means of the House of Representatives, 
and the Select Committee on Intelligence, smd the Committees 
on the Judiciary, Foreign Relations, Armed Services, and 
Finance of the Senate. 
(B) The President may apply sanctions authorized under 
this title to the significant foreign narcotics trafficker identified 
in the report submitted under subparagraph (A) as if the trgif-
ficker were originally included in the report submitted pursuant 
to subsection (b) of this section. 
PUBLIC LAW 106-120—DEC. 3, 1999 
113 STAT. 1629 
Notice. 
(C) The President shall notify the Secretary of the Treasury 
Notification. 
of any determination made under this paragraph. 
(2) REVOCATION OF DETERMINATION.—<A) Whenever 
the 
President finds that a foreign person that has been publicly 
identified as a significant foreign narcotics trafficker in the 
report required under subsection (b) or this subsection no longer 
engages in those activities for which sanctions under this title 
may be applied, the President shall issue public notice of such 
a finding. 
(B) Not later than the date of the public notice issued 
pursuant to subparagraph (A), the President shall notify, in 
writing and in classified or unclassified form, the Permanent 
Select Committee on Intelligence, and the Committees on the 
Judiciary, International Relations, Armed Services, and Ways 
and Means of the House of Representatives, and the Select 
Committee on Intelligence, and the Committees on the 
Judiciary, Foreign Relations, Armed Ser/ices, and Finance of 
the Senate of actions taken under this paragraph and a descrip-
tion of the basis for such actions. 
Deadline. 
Notification. 
SEC. 805. BLOCKING ASSETS AND PROHIBITING IHANSACTIONS. 
(a) APPLICABILITY OF SANCTIONS.—A sig^nificant foreign nar-
cotics trafficker publicly identified in the report required under 
subsection (b) or (hXl) of section 804 and foreij^ persons designated 
by the Secretary of the Treasury pursuant to subsection (b) of 
this section shall be subject to any and all sanctions as authorized 
by this title. The application of sanctions on any foreign person 
pursuant to subsection (b) or (hXD of section 804 or subsection 
(b) of this section shall remain in effect until revoked pursuant 
to section 804(h)(2) or subsection (eXl)(A) of this section or waived 
pursu£int to section 804(gXl). 
(b) BLOCKING OF ASSETS.—Except to the extent provided in 
regulations, orders, instructions, licenses, or directives issued pursu-
ant to this title, and notwithstanding any contract entered into 
or any license or permit granted prior to tlie date on which the 
President submits the report required under subsection (b) or (h)(1) 
of section 804, there are blocked as of such date, and any date 
thereafter, all such property and interests in property within the 
United States, or within the possession or control of any United 
States person, which are owned or controlled by— 
(1) any significant foreign narcotics trafficker publicly 
identified by the President in the report, required under sub-
section (b) or (h)(1) of section 804; 
(2) any foreign person that the Secrcstary of the Treasury, 
in consultation with the Attorney General, the Director of Cen-
tral Intelligence, the Director of the Federal Bureau of Inves-
tigation, the Administrator of the Drug Enforcement Adminis-
tration, the Secretary of Defense, and tlie Secretary of State, 
designates as materially assisting in, or providing financial 
or technological support for or to, or providing goods or services 
in support of, the international narcotics trafficking activities 
of a significant foreign narcotics traffick€;r so identified in the 
report required under subsection (b) or (h)(1) of section 804, 
or foreign persons designated by the Secretary of the Treasury 
pursuant to this subsection; 
21 use 1904. 
113 STAT. 1630 
PUBLIC LAW 106-120—DEC. 3, 1999 
(3) any foreign person that the Secretary of the Treasury, 
in consultation with the Attorney General, the Director of Cen-
tral Intelligence, the Director of the Federal Bureau of Inves-
tigation, the Administrator of the Drug Enforcement Adminis-
tration, the Secretary of Defense, and the Secretary of State, 
designates as owned, controlled, or directed by, or acting for 
or on behalf of, a significant foreign narcotics trafficker so 
identified in the report required under subsection (b) or (h)(1) 
of section 804, or foreign persons designated by the Secretary 
of the Treasury pursuant to this subsection; and 
(4) any foreign person that the Secretary of the Treasury, 
in consultation with the Attorney General, the Director of Cen-
tral Intelligence, the Director of the Federal Bureau of Inves-
tigation, the Administrator of the Drug Enforcement Adminis-
tration, the Secretary of Defense, and the Secretary of State, 
designates as playing a significant role in international nar-
cotics trafficking. 
(c) PROHIBITED TRANSACTIONS.—Except to the extent provided 
in regulations, orders, instructions, licenses, or directives issued 
pursuant to this title, and notwithstanding any contract entered 
into or any license or permit granted prior to the date on which 
the President submits the report required under subsection (b) 
or (h)(1) of section 804, the following transactions are prohibited: 
(1) Any transaction or dealing by a United States person, 
or within the United States, in property or interests in property 
of any significant foreign narcotics trafficker so identified in 
the report required pursuant to subsection (b) or (h)(1) of section 
804, and foreign persons designated by the Secretary of the 
Treasury pursuant to subsection (b) of this section. 
(2) Any transaction or dealing by a United States person, 
or within the United States, that evades or avoids, or has 
the effect of evading or avoiding, and any endeavor, attempt, 
or conspiracy to violate, any of the prohibitions contained in 
this title. 
(d) LAW ENFORCEMENT AND INTELLIGENCE ACTIVITIES NOT 
AFFECTED.—Nothing in this title prohibits or otherwise limits the 
authorized law enforcement or intelligence activities of the United 
States, or the law enforcement activities of any State or subdivision 
thereof. 
(e) IMPLEMENTATION.—(1) The Secretary of the Treasury, in 
consultation with the Attorney General, the Director of Central 
Intelligence, the Director of the Federal Bureau of Investigation, 
the Administrator of the Drug Enforcement Administration, the 
Secretary of Defense, and the Secretary of State, is authorized 
to take such actions as may be necessary to carry out this title, 
including— 
(A) making those designations authorized by paragraphs 
(2), (3), and (4) of subsection (b) of this section and revocation 
thereof; 
(B) promulgating rules and regulations permitted under 
this title; and 
(C) employing all powers conferred on the Secretary of 
the Treasury under this title. 
(2) Each agency of the United States shall take all appropriate 
measures within its authority to carry out the provisions of this 
title. 
PUBLIC LAW 106-120—DEC. 3, 1999 
113 STAT. 1631 
(3) Section 552(a)(3) of title 5, United States Code, shall not 
apply to any record or information obtain€;d or created in the 
implementation of this title. 
(f) 
JUDICIAL REVIEW.—The determinations, 
identifications, 
findings, and designations made pursuant to section 804 and sub-
section (b) of this section shall not be subject to judicial review. 
SEC. 806. AUTHORITIES. 
21USC 1905. 
(a) IN GENERAL.—To carry out the purposes of this title, the 
Secretary of the Treasury may, under such regulations as he may 
prescribe, by means of instructions, licenses, or otherwise— 
(1) investigate, regulate, or prohibit— 
(A) any transactions in foreign exchange, currency, 
or securities; and 
(B) transfers of credit or pa^i^ments between, by, 
through, or to any banking institution, to the extent that 
such transfers or payments involve any interests of any 
foreign country or a national thereof; and 
(2) investigate, block during the penciency of an investiga-
tion, regulate, direct and compel, nullify, void, prevent, or pro-
hibit any acquisition, holding, withholding, use, transfer, with-
drawal, transportation, placement into foreign or domestic com-
merce of, or dealing in, or exercising any right, power, or 
privilege with respect to, or transactions involving, any property 
in which any foreign country or a national thereof has any 
interest, 
by any person, or with respect to any property, subject to the 
jurisdiction of the United States. 
(b) RECORDKEEPING.—Pursuant to subsection (a), the Secretary 
of the Treasury may require recordkeeping, I'eporting, and produc-
tion of documents to carry out the purposes of this title. 
(c) DEFENSES.— 
(1) Full and actual compliance with any regulation, order, 
license, instruction, or direction issued under this title shall 
be a defense in any proceeding alleging a violation of any 
of the provisions of this title. 
(2) No person shall be held liable in any court for or 
with respect to anything done or omitted in good faith in 
connection with the administration of, or pursuant to, and 
in reliance on this title, or any regulation, instruction, or direc-
tion issued under this title. 
(d) RULEMAKING.—The Secretary of the Treasury may issue 
such other regulations or orders, including regulations prescribing 
recordkeeping, reporting, and production of documents, definitions, 
licenses, instructions, or directions, as may be necessary for the 
exercise of the authorities granted by this title. 
SEC. 807. ENFORCEMENT. 
21 USC 1906. 
(a) CRIMINAL PENALTIES.—(1) Whoever willfully violates the 
provisions of this title, or any license rule, or regulation issued 
pursuant to this title, or willfully neglects or refuses to comply 
with any order of the President issued under this title shall be— 
(A) imprisoned for not more than 10 years, 
(B) fined in the amount provided in title 18, United States 
Code, or, in the case of an entity, fined not more than 
$10,000,000, 
or both. 
113 STAT. 1632 
PUBLIC LAW 106-120—DEC. 3, 1999 
(2) Any officer, director, or agent of any entity who knowingly 
participates in a violation of the provisions of this title shall be 
imprisoned for not more than 30 years, fined not more than 
$5,000,000, or both. 
(b) CIVIL PENALTIES.^A civil penalty not to exceed $1,000,000 
may be imposed by the Secretary of the Treasury on any person 
who violates any license, order, rule, or regulation issued in compli-
ance with the provisions of this title. 
(c) JUDICIAL REVIEW OF CIVIL PENALTY.—Any penalty imposed 
under subsection (b) shall be subject to judicial review only to 
the extent provided in section 702 of title 5, United States Code. 
21 use 1907. 
SEC. 808. DEFINITIONS. 
As used in this title: 
(1) ENTITY.—The term "entity" means a partnership, joint 
venture, association, corporation, organization, network, group, 
or subgroup, or any form of business collaboration. 
(2) FOREIGN PERSON.—The term "foreign person" means 
any citizen or national of a foreign state or any entity not 
organized under the laws of the United States, but does not 
include a foreign state. 
(3) NARCOTICS TRAFFICKING.—The term "narcotics traf-
ficking" means any illicit activity to cultivate, produce, manu-
facture, distribute, sell, finance, or transport narcotic drugs, 
controlled 
substances, or listed 
chemicals, or otherwise 
endeavor or attempt to do so, or to assist, abet, conspire, 
or collude with others to do so. 
(4) NARCOTIC DRUG; CONTROLLED SUBSTANCE; LISTED CHEM-
ICAL.—The terms "narcotic drug", "controlled substance", and 
"listed chemical" have the meanings given those terms in sec-
tion 102 of the Controlled Substances Act (21 U.S.C. 802). 
(5) PERSON.—The term "person" means an individual or 
entity. 
(6) UNITED STATES PERSON.—The term "United States per-
son" means any United States citizen or national, permanent 
resident alien, an entity organized under the laws of the United 
States (including its foreign branches), or any person within 
the United States. 
(7) 
SIGNIFICANT FOREIGN NARCOTICS TRAFFICKER.—The 
term "significant foreign narcotics trafficker" means any foreign 
person that plays a significant role in international narcotics 
trafficking, that the President has determined to be appropriate 
for sanctions pursuant to this title, and that the President 
has publicly identified in the report required under subsection 
(b) or (h)(1) of section 804. 
SEC. 809. EXCLUSION OF PERSONS WHO HAVE BENEFITED FROM 
ILLICIT ACTIVITIES OF DRUG TRAFFICKERS. 
Section 212(a)(2)(C) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(2)(C)) is amended to read as follows: 
"(C) CONTROLLED SUBSTANCE TRAFFICKERS.—^Any ahen 
who the consular officer or the Attorney General knows 
or has reason to believe— 
"(i) is or has been an illicit trafficker in any con-
trolled substance or in any listed chemical (as defined 
in section 102 of the Controlled Substances Act (21 
U.S.C. 802)), or is or has been a knowing aider, abettor, 
assister, conspirator, or colluder with others in the 
PUBLIC LAW 106-120—DEC. 3, 1999 
113 STAT. 1633 
illicit trafficking in any such controlled or listed sub-
stance or chemical, or endeavored to do so; or 
"(ii) is the spouse, son, or daughter of an alien 
inadmissible under clause (i), h2is, within the previous 
5 years, obtained any financial or other benefit from 
the illicit activity of that alien, and knew or reasonably 
should have known that the financial or other benefit 
was the product of such illicit activity, 
is inadmissible.". 
SEC. 810. JUDICIAL REVIEW COMMISSION ON FOREIGN ASSET CON- 21 USC 1908. 
TROL. 
(a) ESTABLISHMENT.—There is established a commission to be 
known as the "Judicial Review Commission on Foreign Asset Con-
trol" (in this section referred to as the "Commission"). 
(b) MEMBERSHIP AND PROCEDURAL MATTERS.—(1) The Commis-
sion shall be composed of five members, as follows: 
(A) One member shall be appointed by the Chairman of 
the Select Committee on Intelligence of the Senate. 
(B) One member shall be appointed by the Vice Chairman 
of the Select Committee on Intelligence olf the Senate. 
(C) One member shall be appointed by the Chairman of 
the Permanent Select Committee on In1:elligence of the House 
of Representatives. 
(D) One member shall be appointed by the Ranking 
Minority Member of the Permanent Selesct Committee on Intel-
ligence of the House of Representatives. 
(E) One member shall be appointed jointly by the members 
appointed under subparagraphs (A) through (D). 
(2) Each member of the Commission shall, for purposes of 
the activities of the Commission under this section, possess or 
obtain an appropriate security clearance; in accordance with 
applicable laws and regulations regarding the handling of classified 
information. 
(3) The members of the Commission shgiU choose the chairman 
of the Commission from among the memb«;rs of the Commission. 
(4) The members of the Commission shall establish rules 
governing the procedures and proceedings of the Commission. 
(c) DUTIES.—The Commission shall have as its duties the 
following: 
(1) To conduct a review of the current judicial, regulatory, 
and administrative authorities relating to the blocking of assets 
of foreign persons by the United States Government. 
(2) To conduct a detailed examination and evaluation of 
the remedies available to United States persons affected by 
the blocking of assets of foreign persons by the United States 
Government. 
(d) POWERS.—(1) The Commission may hold such hearings, 
sit and act at such times and places, take such testimony, and 
receive such evidence as the Commission considers advisable to 
carry out the purposes of this section. 
(2) The Commission may secure directly from £iny executive 
department, agency, bureau, board, commission, office, independent 
establishment, or instrumentality of the Government information, 
suggestions, estimates, and statistics for the purposes of this sec-
tion. Each such department, agency, bureau, board, commission, 
113 STAT. 1634 
PUBLIC LAW 106-120—DEC. 3, 1999 
office, establishment, or instrumentality shall, to the extent author-
ized by law, furnish such information, suggestions, estimates, and 
statistics directly to the Commission, upon request of the chairman 
of the Commission. The Commission shall handle and protect all 
classified information provided to it under this section in accordance 
with applicable statutes and regulations. 
(3) The Attorney General and the Secretary of the Treasury 
shall provide to the Commission, on a nonreimbursable basis, such 
administrative services, funds, facilities, and other support services 
as are necessary for the performance of the Commission's duties 
under this section. 
(4) The Commission shall receive the full and timely cooperation 
of any official, department, or agency of the United States Govern-
ment whose assistance is necessary for the fulfillment of the duties 
of the Commission under this section, including the provision of 
full and current briefings and analyses. 
(5) No department or agency of the Government may withhold 
information from the Commission on the grounds that providing 
the information to the Commission would constitute the unauthor-
ized disclosure of classified information or information relating to 
intelligence sources or methods. 
(6) The Commission may use the United States mails in the 
same manner and under the same conditions as the departments 
and agencies of the United States. 
(e) STAFF.—(1) Subject to paragraph (2), the chairman of the 
Commission, in accordance with rules agreed upon by the Commis-
sion, shall appoint and fix the compensation of a staff" director 
and such other personnel as may be necessary to enable the 
Commission to carry out its duties, without regard to the provisions 
of title 5, United States Code, governing appointments in the 
competitive service, and without regard to the provisions of chapter 
51 and subchapter III or chapter 53 of such title relating to classi-
fication and Greneral Schedule pay rates, except that no rate of 
pay fixed under this subsection may exceed the equivalent of that 
payable to a person occupying a position at level V of the Executive 
Schedule under section 5316 of such title. 
(2)(A) Any employee of a department or agency referred to 
in subparagraph (B) may be detailed to the Commission without 
reimbursement from the Commission, and such detailee shall retain 
the rights, status, and privileges of his or her regular employment 
without interruption. 
(B) The departments and agencies referred to in this subpara-
graph are as follows: 
(i) The Department of Justice. 
(ii) The Department of the Treasury. 
(iii) The Central Intelligence Agency. 
(3) All staff" of the Commission shall possess a security clearance 
in accordance with applicable laws and regulations concerning the 
handling of classified information. 
(f) COMPENSATION AND TRAVEL EXPENSES.—(1)(A) Except as 
provided in subparagraph (B), each member of the Commission 
may be compensated at not to exceed the daily equivalent of the 
annual rate of basic pay in effect for a position at level IV of 
the Executive Schedule under section 5315 of title 5, United States 
Code, for each day during which that member is engaged in the 
actual performance of the duties of the Commission imder this 
section. 
PUBLIC LAW 106-120—DEC. 3, 1999 
113 STAT. 1635 
(B) Members of the Commission who are officers or employees 
of the United States shall receive no addil^ional pay by reason 
of their service on the Commission. 
(2) While away from their homes or regular places of business 
in the performance of services for the Commission, members of 
the Commission may be allowed travel expenses, including per 
diem in lieu of subsistence, in the same manner as persons employed 
intermittently in the Government service are allowed expenses 
under section 5703(b) of title 5, United States Code. 
(g) REPORT.—(1) Not later than 1 year after the date of the Deadline, 
enactment of this Act, the Commissions shall submit to the commit-
tees of Congress referred to in paragraph (4) a report on the 
activities of the Commission under this section, including the 
findings, conclusions, and recommendations, if any, of the Commis-
sion as a result of the review under subsection (c)(1) and the 
examination and evaluation under subsection (c)(2). 
(2) The report under paragraph (1) shall imclude any additional 
or dissenting views of a member of the C'ommission upon the 
request of the member. 
(3) The report under paragraph (1) sliall be submitted in 
unclassified form, but may include a classified annex. 
(4) The committees of Congress referred to in this paragraph 
are the following: 
(A) The Select Committee on Intelligence and the Commit-
tees on Foreign Relations and the Judiciary of the Senate. 
(B) The Permanent Select Committese on Intelligence and 
the Committees on International Relations and the Judiciary 
of the House of Representatives. 
(h) TERMINATION.—The Commission shall terminate at the end 
of the 60-day period beginning on the date on which the report 
required by subsection (g) is submitted to the committees of Con-
gress referred to in that subsection. 
(i) INAPPLICABILITY OF CERTAIN ADMINISI^RATIVE PROVISIONS.— 
(1) The provisions of the Federal Advisory Committee Act (5 U.S.C. 
App.) shall not apply to the activities of tlie Commission under 
this section. 
(2) The provisions of section 552 of title 5, United States Code 
(commonly referred to as the Freedom of Information Act), shall 
not apply to the activities, records, and proceedings of the Commis-
sion under this title. 
(j) FUNDING.—The Attorney General shall, from amounts 
authorized to be appropriated to the Attoimey General by this 
Act, make available to the Commission $1,000,000 for purposes 
of the activities of the Commission under this section. Amounts 
made available to the Commission under tlie preceding sentence 
shall remain available until expended. 
113 STAT. 1636 
PUBLIC LAW 106-120—DEC. 3, 1999 
21 u s e 1901 
SEC. 811. EFFECTIVE DATE. 
This title shall take effect on the date of the enactment of 
this Act. 
Approved December 3, 1999. 
LEGISLATIVE HISTORY—H.R. 1555 (S. 1009): 
HOUSE REPORTS: Nos. 106-130, Pt. 1 (Select Comm. on Intelligence) and 106-
457 (Comm. of Conference). 
SENATE REPORTS: No. 106-48 accompanying S. 1009 (Select Comm. on Intel-
ligence). 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
May 13, considered and passed House. 
July 20, 21, considered and passed Senate, amended. 
Nov. 9, House agreed to conference report. 
Nov. 19, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999): 
Dec. 3, Presidential statement.