[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1555 Enrolled Bill (ENR)]
H.R.1555
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
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,

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(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:

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TITLE I

-INTELLIGENCE ACTIVITIES

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TITLE III

-GENERAL PROVISIONS

employees with access to classified information.

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era prisoners of war and missing in action personnel and
critical assessment of estimate.

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trafficking by
employees of the intelligence community.

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TITLE V

-DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Menwith Hill and Bad Aibling stations.
INVESTIGATIONS

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purposes of the Foreign Intelligence Surveillance Act of 1978.

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TITLE VI

-FOREIGN COUNTERINTELLIGENCE AND INTERNATIONAL TERRORISM

agencies on
results of counterintelligence activities.
RECONNAISSANCE OFFICE

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TITLE VII

-NATIONAL COMMISSION FOR THE REVIEW OF THE NATIONAL

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TITLE VIII

-INTERNATIONAL NARCOTICS TRAFFICKING

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Funds are hereby authorized to be appropriated for fiscal year 2000
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the 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.

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(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 2000, for the conduct of the
intelligence 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 Authorizations.--The
classified Schedule of Authorizations shall be made available to the
Committees on Appropriations of the Senate and 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.

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(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 personnel in excess
of the number authorized for fiscal year 2000 under section 102 when
the Director of Central Intelligence determines that such action is
necessary to the performance of important 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.

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(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 Intelligence 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 element 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 section 102(a). Such additional
amounts shall remain available until September 30, 2001.
(2) Authorization of personnel.--In addition to the personnel
authorized by subsection (b) for elements of the Community
Management Account as of September 30, 2000, there is hereby
authorized such additional personnel for such elements 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 from another element of the United States
Government shall be detailed on a reimbursable 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 appropriated 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 Intelligence
shall transfer to the Attorney General of the United States funds
available for the National Drug Intelligence Center under paragraph
(1). The Attorney General shall utilize funds so transferred for
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)(1)).
(4) Authority.--Notwithstanding any other provision of law, the
Attorney General shall retain full authority over the operations of
the National Drug Intelligence Center.

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FISCAL YEAR 1999.
(a) Authorization.--Amounts authorized to be appropriated for
fiscal year 1999 under section 101 of the Intelligence Authorization
Act for Fiscal Year 1999 (Public Law 105-272) for the conduct of the
intelligence activities of elements of the United States Government
listed in such section are hereby increased, with respect to any such
authorized amount, by the amount by which appropriations pursuant to
such authorization were increased by the 1999 Emergency Supplemental
Appropriations Act (Public Law 106-31), for such amounts as are
designated by Congress 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.
ITY SYSTEM

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There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2000 the sum of
$209,100,000.

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TITLE II

-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABIL-

LAW.
Appropriations authorized by this Act for salary, pay, retirement,
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.

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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.

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(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:
``limitation on establishment or operation of diplomatic intelligence
support centers
``Sec. 115. (a) In General.--(1) A diplomatic intelligence support
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, operation,
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 intelligence support in
furtherance of the national security interests of the United States.
``(b) Prohibition of Use of Appropriations.--Amounts appropriated
pursuant to authorizations by law for intelligence and intelligence-
related activities may not be obligated or expended for the
establishment, operation, or maintenance of a diplomatic intelligence
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--
``(A) consists of intelligence analyses on military or
political matters and expertise to conduct limited assessments
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 persons 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 amended 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.''.

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(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,''.

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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:
``(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.''.
(c) Applicability.--The President shall modify the procedures
required by section 801(a)(3) of the National Security Act of 1947 to
take into account the amendment to that section made by subsection (a)
of this section not later than 90 days after the date of the enactment
of this Act.

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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 contribution to
the national security or to the national intelligence mission of
the United States.''.

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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''.

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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 Performance
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 Commission 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
(2) disclose by name the identity of a living foreign
individual who has cooperated with United States 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.

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SURVEILLANCE.
(a) Report.--Not later than 60 days after the date of the 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 elements of the intelligence 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 standards:
(1) The legal standards for interception of communications when
such interception may result in the acquisition of information from
a communication to or from United States persons.
(2) The legal standards for intentional targeting of the
communications to or from United States persons.
(3) The legal standards for receipt from non-United States
sources of information pertaining to communications to or from
United States persons.
(4) The legal standards for dissemination of 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 101(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 Committee on the
Judiciary of the House of Representatives and the Select Committee
on Intelligence and the Committee on the Judiciary of the Senate.

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Not later than 270 days after the date of the enactment of this
Act, the Director of Central Intelligence shall submit to Congress a
report describing the effects of espionage against the United States,
conducted by or on behalf of other nations, on United States trade
secrets, patents, and technology development. The report shall also
include an analysis of other effects of such espionage on the United
States.

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CHILE.
(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
congressional committees'' means the Permanent Select Committee on
Intelligence and the Committee on Appropriations of the House of
Representatives and the Select Committee on Intelligence and the
Committee on Appropriations of the Senate.

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(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 military 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 leadership;
and
(B) the sentiment of the leadership toward the United
States.
(b) Appropriate Congressional Committees Defined.--As used in this
section, the term ``appropriate congressional committees'' means the
Committee on International Relations and the Permanent Select Committee
on Intelligence of the House of Representatives and the Committee on
Foreign Relations and the Select Committee on Intelligence of the
Senate.

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TRAFFICKING BY EMPLOYEES OF THE INTELLIGENCE COMMUNITY.
(a) Finding.--Congress finds that longstanding statutes,
regulations, and policies of the United States prohibit employees,
agents, and assets of the elements of the intelligence community, and
of every other Federal department and 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 appropriate 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)).

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It is the sense of the Congress that the systematic
declassification of records of permanent historical value is in the
public interest and that the management of classification and
declassification by executive branch agencies requires comprehensive
reform and the dedication by the executive branch of additional
resources.

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It is the sense of the Congress that the Director of Central
Intelligence should continue to direct that elements of the
intelligence 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.

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(a) Scope of Provision of Items and Services.--Subsection (a) of
section 21 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403u) is amended by striking ``and to other'' and inserting ``,
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''.

18520d2debe57573097eb9fdea45955c2018815e4d90958e041697c0890f166a

TITLE IV

-CENTRAL INTELLIGENCE AGENCY

(a) Extension of Authority.--Section 2(f) of the Central
Intelligence 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''.

aee4e3e46cb90b36df7faa04bec94ae8f33ea2f7a6ac2cc670dc4a07d00bb172

MAPPING AGENCY.
(a) In General.--(1) Title I of the National Security Act of 1947
(50 U.S.C. 401 et seq.) is amended by inserting after section 105A (50
U.S.C. 403-5a) the following new section:
``protection of operational files of the national imagery and mapping
agency
``Sec. 105B. (a) Exemption of Certain Operational Files From
Search, Review, Publication, or Disclosure.--(1) The Director of the
National Imagery and Mapping Agency, with the coordination of the
Director of Central Intelligence, may exempt operational files of the
National Imagery and Mapping Agency from the provisions of section 552
of title 5, United States Code, which require publication, disclosure,
search, or review in 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 (hereafter in this section referred to as
`NIMA') concerning the activities of NIMA that before the establishment
of NIMA were performed by the National Photographic 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
intelligence are not operational files.
``(3) Notwithstanding paragraph (1), exempted operational files
shall continue to be subject to search and review for information
concerning--
``(A) United States citizens or aliens lawfully admitted for
permanent residence who have requested information on themselves
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, Executive
order, or Presidential directive, in the conduct of an intelligence
activity:
``(i) The Permanent Select Committee on Intelligence of the
House of Representatives.
``(ii) The Select Committee on Intelligence of the Senate.
``(iii) The Intelligence Oversight Board.
``(iv) The Department of Justice.
``(v) The Office of General Counsel of NIMA.
``(vi) The Office of the Director of NIMA.
``(4)(A) Files that are not exempted under paragraph (1) which
contain information derived or disseminated from exempted operational
files shall be subject to search and review.
``(B) The inclusion of information from exempted operational files
in files that are not exempted under paragraph (1) shall not affect the
exemption under paragraph (1) of the originating operational files from
search, review, publication, or disclosure.
``(C) Records from exempted operational files which have been
disseminated to and referenced in files that are not exempted under
paragraph (1) and which have been returned to exempted operational
files for sole retention shall be subject to search and review.
``(5) The provisions of paragraph (1) may not be superseded except
by a provision of law which is enacted after the date of the enactment
of this section, and which specifically cites and repeals or modifies
its provisions.
``(6)(A) Except as provided in subparagraph (B), whenever any
person who has requested agency records under section 552 of title 5,
United States Code, alleges that NIMA has withheld records improperly
because of failure to comply with any provision of this section,
judicial review shall be available under the terms set forth in section
552(a)(4)(B) of title 5, United States Code.
``(B) Judicial review shall not be available in the manner
provided for under subparagraph (A) as follows:
``(i) In any case in which information specifically authorized
under criteria established by an Executive order to be kept secret
in the interests of national defense or foreign relations is filed
with, or produced for, the court by NIMA, such information shall be
examined ex parte, in camera by the court.
``(ii) The court shall, to the fullest extent practicable,
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
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 operational
files likely to contain responsible records currently perform 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 admissible evidence.
``(v) In proceedings under clauses (iii) and (iv), the parties
may not obtain discovery pursuant to rules 26 through 36 of the
Federal Rules of Civil Procedure, except that requests for
admissions may be made pursuant to rules 26 and 36.
``(vi) If the court finds under this paragraph that NIMA has
improperly withheld requested records because of failure to comply
with any 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 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.
``(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 Intelligence 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
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 improperly withheld
records because of failure to comply with this subsection may seek
judicial review in the district court of the United States of the
district in which any of the parties reside, or in the District of
Columbia. In such a proceeding, the court's review shall be limited to
determining the following:
``(A) Whether NIMA has conducted the review required by
paragraph (1) before the expiration of the 10-year period beginning
on the date of the enactment of this section or before the
expiration of the 10-year period beginning on the date of the most
recent review.
``(B) Whether NIMA, in fact, considered the criteria set forth
in paragraph (2) in conducting the required review.''.
(2) The table of contents contained in the first section of such
Act is amended by inserting after the item relating to section 105A the
following new item:
``Sec. 105B. Protection of operational files of the National Imagery and
Mapping Agency.''.
(b) Treatment of Certain Transferred Records.--Any record
transferred to the National Imagery and Mapping Agency from exempted
operational files of the Central Intelligence Agency covered by section
701(a) of the National Security Act of 1947 (50 U.S.C. 431(a)) shall be
placed in the operational files of the National Imagery and Mapping
Agency that are established pursuant to section 105B of the National
Security Act of 1947, as added by subsection (a).

29f1d194948a8124443e7a3659579afa66520c1204377d04f5c202bacc3a19fe

AT MENWITH HILL AND BAD AIBLING STATIONS.
Section 506(b) of the Intelligence Authorization Act for Fiscal
Year 1996 (Public Law 104-93; 109 Stat. 974), as amended by section 502
of the Intelligence Authorization Act for Fiscal Year 1998 (Public Law
105-107; 111 Stat. 2262), is further amended by striking ``for fiscal
years 1998 and 1999'' and inserting ``for fiscal years 2000 and 2001''.
INVESTIGATIONS

9b8c9a74bdf802c1f65ea89b68ab2d42c4ff99a1f80d9013b889d4615bcf94c3

PURPOSES OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF
1978.
Section 101(b)(2) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801(b)(2)) is amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) by redesignating subparagraph (D) as subparagraph (E); and
(3) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) knowingly enters the United States under a false or
fraudulent identity for or on behalf of a foreign power or,
while in the United States, knowingly assumes a false or
fraudulent identity for or on behalf of a foreign power; or''.

561d5b0208627b86e2e7ac5cbe1804dbf1784135431623d78e35b2ad929c201c

AGENCIES ON RESULTS OF COUNTERINTELLIGENCE 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)''.
RECONNAISSANCE OFFICE

bca5e017e618305f6c4bba2faf6e85a5155c08a5f7d120d728ecba6cd9b7d87c

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 environment 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 maintenance 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
relationships, 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.

bdb0a02778df16a778b1bf86adfc2ac9a8ffc82ea23e692f2c6d191405f5ef84

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
``Commission'').
(b) Composition.--The Commission shall be composed of 11 members,
as follows:
(1) The Deputy Director of Central Intelligence for Community
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.
(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 Members 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 Representatives and two from
private life.
(5) Two members appointed by the 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 recognized 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 the Commission if, in the judgment
of the official, such individual possesses 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 shall 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 Commission
shall be jointly agreed upon by the President, 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 Commission
shall be appointed not later than 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.
(3) Any vacancy in the Commission shall not affect its powers, but
shall be filled in the same manner in which the original appointment
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 Commission
voting and present.
(2) The Commission may establish panels composed of less than the
full membership of the Commission for purposes of carrying 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.

7df0ea5641469b8217b28b17a97ec0773454493b100e05c43b2a1cdaffb7fc7a

(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
(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 NRO, 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.

9eb5978b70e836596d3b653c83c5663c463d2ec704bfae381dd0dbcedca9703c

(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.
(3) The provisions of sections 102 through 104 of the Revised
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 in 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 instrumentality of
the Government information, suggestions, estimates, and statistics for
the purposes of this title. Each 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 nonreimbursable
basis, such administrative services, funds, staff, facilities, 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 forth in paragraphs (1) and
(2), other departments and agencies of the United States may provide
the Commission such services, funds, 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 United States Government
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 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 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.

bd93b3ff8f958ee7be28beb415525aeb70e0698bde94562c861e71225608694d

(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 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 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 information.

497c8fd55f71ca6c2e706f9064dad1c8a412a544b4d189e6e01e61ee41676d8e

(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 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.

f76913e2a50d97c0d5cd04e5eb719f515dbb4995d34579eb57090495e80edeb4

(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.--Notwithstanding 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 Central Intelligence and the
designees of the Director, and such other officials of the executive
branch as the President may designate shall have access to information
related to the national security of the United States that is received,
considered, or used by the Commission.

b33aa658f7d3d470cddc384158e4381e4cbd90b9011258a0555bdab42afd669d

(a) Final Report.--Not later than November 1, 2000, the Commission
shall submit to the congressional intelligence committees, the Director
of Central Intelligence, and the Secretary of Defense a final report as
required by section 703(a).
(b) Termination.--(1) The Commission, and 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-day 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.

e35635c2ea368c725abf97077353b22104b0966a0509744c2d4c620ceada6dee

Not later than 60 days after receipt of the final report under
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 assessment 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.

f7cb196da12a29f452ef4fbf9cdf6cfaa47067d9123587271e57d00123eb9349

(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.

e5b3cb14f812b2557337d2b622d1e782f4bab6df285fa85faa2fa6ce16b75ee2

(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 title.
(b) Availability In General.--The Director of Central Intelligence
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 remain available until expended.

21df70cdec96a81f3003f9b1348c248dcc93029dade6f223ec607524c4aef8a8

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.

3259d6fd57350ca4f304bf862b9651b26b06011c80c7e9635628e691e38945b8

This title may be cited as the ``Foreign Narcotics Kingpin
Designation Act''.

b308e7bb4ff4d3929e67ad1e3f818cdbbf8f26c56217e236514211cc83af92d8

(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 international 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 (IEEPA) (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) IEEPA was successfully applied to international narcotics
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 activities
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).

8464009052f307fd3ef5616655873e62c0dce71fadd7b3b8cd7cba6c03e0711f

The purpose of this title is to provide authority for the
identification 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.

cef19ce97a2bd0aa7ed9330dcb862f5c3784278883f9c53e50511c475e4b5ebf

NARCOTICS TRAFFICKERS AND REQUIRED REPORTS.
(a) Provision of Information to the President.--The
Secretary of the Treasury, the Attorney General, the Secretary of
Defense, the Secretary of State, and the Director of Central
Intelligence shall consult among themselves and provide the appropriate
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 Sanctioning of Significant Foreign
Narcotics Traffickers.--Not later than June 1, 2000, and not later than
June 1 of each year thereafter, the President shall submit a report 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 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 President
determines are appropriate for sanctions pursuant to this title;
and
(2) detailing publicly the President's intent to impose
sanctions upon these significant foreign narcotics traffickers
pursuant 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
subsection (b) shall be submitted in unclassified form and made
available to the public.
(d) Classified Report.--(1) Not later than July 1, 2000, and 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 background information with
respect to newly-identified significant foreign narcotics traffickers
and their activities.
(2) Such classified report shall describe actions the President
intends to undertake or has undertaken with respect to such significant
foreign narcotics traffickers.
(3) The 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 provision of
this section, the reports described in subsections (b) and (d)
shall not disclose the name of any person if the Attorney General,
in coordination as appropriate with the Director of the Federal
Bureau of Investigation, the Administrator of the 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 determination
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 Intelligence of
the Senate not later than July 1, 2000, and on an annual basis
thereafter.
(g) Determinations Not To Apply Sanctions.--(1) The President 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 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 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, and 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 trafficker
were originally included in the report submitted pursuant to
subsection (b) of this section.
(C) The President shall notify the Secretary of the Treasury 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 Services, and Finance of the Senate of actions
taken under this paragraph and a description of the basis for such
actions.

6fcb7cb80478c1bee461778b408a675d84be5a41e6c16074ad1b5317d26e1450

(a) Applicability of Sanctions.--A significant foreign narcotics
trafficker publicly identified in the report required under 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
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 (h)(1) of section 804 or subsection (b) of this
section shall remain in effect until revoked pursuant to section
804(h)(2) or subsection (e)(1)(A) of this section or waived pursuant to
section 804(g)(1).
(b) Blocking of Assets.--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, 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 subsection
(b) or (h)(1) of section 804;
(2) any foreign person that 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, 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 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;
(3) any foreign person that 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, 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 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, designates as
playing a significant role in international narcotics 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.
(3) Section 552(a)(3) of title 5, United States Code, shall not
apply to any record or information obtained or created in the
implementation of this title.
(f) Judicial Review.--The determinations, identifications,
findings, and designations made pursuant to section 804 and subsection
(b) of this section shall not be subject to judicial review.

fbf976a3cc3396fe08f24d7e09de874e4d57e5c7d3456c447b69b7a279cb430f

(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 payments 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 pendency of an investigation,
regulate, direct and compel, nullify, void, prevent, or prohibit
any acquisition, holding, withholding, use, transfer, withdrawal,
transportation, placement into foreign or domestic commerce 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, reporting, and production 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 direction 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.

668ffbe13e1aca62971837b14eac3e09dca8d705f1b70933fa40974ca792d3cf

(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.
(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 compliance 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.

da02e753ec7d25e7123aec91718f7ea8230daf9aa1d8eb4c2e7376b28e40bc9a

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 trafficking''
means any illicit activity to cultivate, produce, manufacture,
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 chemical.--The
terms ``narcotic drug'', ``controlled substance'', and ``listed
chemical'' have the meanings given those terms in section 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 person''
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.

1952c19a24ff7becf2dc2e4b02c4a820bf57b5ecf43e42473af1822e5a5c9ef3

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 alien who the
consular officer or the Attorney General knows or has reason to
believe--
``(i) is or has been an illicit trafficker in any
controlled 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
illicit trafficking in any such controlled or listed
substance or chemical, or endeavored to do so; or
``(ii) is the spouse, son, or daughter of an alien
inadmissible under clause (i), has, 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.''.

025049686f73ff3e7e45abc6ebb68039a815c1975057262fe9f7ee9e323fd855

(a) Establishment.--There is established a commission to be known
as the ``Judicial Review Commission on Foreign Asset Control'' (in this
section referred to as the ``Commission'').
(b) Membership and Procedural Matters.--(1) The Commission 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 of the Senate.
(C) One member shall be appointed by the Chairman of the
Permanent Select Committee on Intelligence of the House of
Representatives.
(D) One member shall be appointed by the Ranking Minority
Member of the Permanent Select Committee on Intelligence 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 shall choose the chairman of the
Commission from among the members 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 any executive
department, agency, bureau, board, commission, office, independent
establishment, or instrumentality of the Government information,
suggestions, estimates, and statistics for the purposes of this
section. Each 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 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 Government
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 unauthorized
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 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 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 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)(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 subparagraph
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 under this section.
(B) Members of the Commission who are officers or employees of the
United States shall receive no additional 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
enactment of this Act, the Commissions shall submit to the committees
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 Commission 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 include any additional or
dissenting views of a member of the Commission upon the request of the
member.
(3) The report under paragraph (1) shall 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 Committees on
Foreign Relations and the Judiciary of the Senate.
(B) The Permanent Select Committee 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 Congress referred to
in that subsection.
(i) Inapplicability of Certain Administrative Provisions.--(1) The
provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the activities of the 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 Commission
under this title.
(j) Funding.--The Attorney General shall, from amounts authorized
to be appropriated to the Attorney 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 the preceding sentence shall remain available until expended.

9aec252c173b47efa14b98a283c4524c934455558a2d7a65c5f26873d5d294bd

This title shall take effect on the date of the enactment of this
Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

28b38c2b549646c35a153c21ddd5dca97bd6ebce4ebe7fb839fffafb38744ad4

FY99 Intelligence Authorization bill — HR. 1555

Other Sections