[106th Congress Public Law 120]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ120.106]
[[Page 1605]]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2000
[[Page 113 STAT. 1606]]
Public Law 106-120
106th Congress
An Act
To authorize appropriations for fiscal year 2000 for intelligence and
intelligence-related activities <<NOTE: Dec. 3, 1999 - [H.R. 1555]>>
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, <<NOTE: Intelligence
Authorization Act for Fiscal Year 2000.>>
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. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. 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 Communist
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 estimate.
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. 401. Improvement and extension of central services program.
Sec. 402. Extension of CIA Voluntary Separation Pay Act.
[[Page 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 power'' 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 traffickers.
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 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.
[[Page 113 STAT. 1608]]
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 2000, for the conduct of the
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. <<NOTE: 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 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.
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 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.
[[Page 113 STAT. 1609]]
(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 <<NOTE: 21 USC 873 note.>> 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.
SEC. 105. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
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.
[[Page 113 STAT. 1610]]
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABIL-
ITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
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.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
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.
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:
``limitation <<NOTE: 50 usc 404j.>> 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--
[[Page 113 STAT. 1611]]
``(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.''.
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 EXECUTIVE 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:
[[Page 113 STAT. 1612]]
``(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. <<NOTE: President. Deadline. 50 USC 435
note.>> --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.
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 contribution
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
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
[[Page 113 STAT. 1613]]
(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.
SEC. 309. REPORT ON LEGAL STANDARDS APPLIED FOR ELECTRONIC SURVEILLANCE.
(a) Report. <<NOTE: Deadline.>> --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.
SEC. 310. REPORT ON EFFECTS OF FOREIGN ESPIONAGE ON THE UNITED STATES.
Not <<NOTE: Deadline.>> 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.
[[Page 113 STAT. 1614]]
SEC. 311. REPORT ON ACTIVITIES OF THE CENTRAL INTELLIGENCE AGENCY IN
CHILE.
(a) In General. <<NOTE: Deadline.>> --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) <<NOTE: Augusto Pinochet.>> 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.
SEC. 312. REPORT ON KOSOVA LIBERATION ARMY.
(a) Report. <<NOTE: Deadline.>> --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.
[[Page 113 STAT. 1615]]
(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.
SEC. 313. <<NOTE: 50 USC 403-8.>> REAFFIRMATION OF LONGSTANDING
PROHIBITION AGAINST DRUG 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)).
SEC. 314. SENSE OF THE CONGRESS ON CLASSIFICATION AND DECLASSIFICATION.
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.
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 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.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. IMPROVEMENT AND EXTENSION OF CENTRAL SERVICES PROGRAM.
(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
[[Page 113 STAT. 1616]]
``, 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
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''.
TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES
SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL IMAGERY AND
MAPPING AGENCY.
(a) In General.--(1) Title I of the National Security Act of 1947
(50 U.S.C. 401 et seq.) is amended by inserting after section 105A (50
U.S.C. 403-5a) the following new section:
``protection <<NOTE: 50 usc 403-5b.>> 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
[[Page 113 STAT. 1617]]
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
[[Page 113 STAT. 1618]]
is filed with, or produced for, the court by NIMA, such
information shall be examined ex parte, in camera by the court.
``(ii) <<NOTE: Courts.>> 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.
[[Page 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 item relating to section 105A the
following new item:
``Sec. 105B. Protection of operational files of the National Imagery and
Mapping Agency.''.
(b) <<NOTE: 50 USC 403-5b note.>> Treatment of Certain Transferred
Records.--Any record transferred to the National Imagery and Mapping
Agency from exemptedoperational 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).
SEC. 502. FUNDING FOR INFRASTRUCTURE AND QUALITY OF LIFE IMPROVEMENTS AT
MENWITH HILL AND BAD AIBLING STATIONS.
Section 506(b) of the Intelligence Authorization Act for Fiscal Year
1996 (Public Law 104-93; 109 Stat. 974), as amended by section 502 of
the Intelligence Authorization Act for Fiscal Year 1998 (Public Law 105-
107; 111 Stat. 2262), is further amended by striking ``for fiscal years
1998 and 1999'' and inserting ``for fiscal years 2000 and 2001''.
TITLE VI--FOREIGN COUNTERINTELLIGENCE AND INTERNATIONAL TERRORISM
INVESTIGATIONS
SEC. 601. EXPANSION OF DEFINITION OF ``AGENT OF A FOREIGN POWER'' FOR
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
[[Page 113 STAT. 1620]]
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 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)''.
TITLE VII--NATIONAL COMMISSION FOR THE REVIEW OF THE NATIONAL
RECONNAISSANCE OFFICE
SEC. 701. <<NOTE: 50 USC 401 note.>> 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 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.
SEC. 702. <<NOTE: 50 USC 401 note.>> 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 ``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.
[[Page 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 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) <<NOTE: Deadline.>> 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.
[[Page 113 STAT. 1622]]
(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.
SEC. 703. <<NOTE: 50 USC 401 note.>> 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
(2) <<NOTE: Reports.>> 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.
SEC. 704. <<NOTE: 50 USC 401 note.>> 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.
[[Page 113 STAT. 1623]]
(3) <<NOTE: Applicability.>> 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.
SEC. 705. <<NOTE: 50 USC 401 note.>> STAFF OF COMMISSION.
(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
[[Page 113 STAT. 1624]]
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.
SEC. 706. <<NOTE: 50 USC 401 note.>> 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 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.
SEC. 707. <<NOTE: 50 USC 401 note.>> 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.--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
[[Page 113 STAT. 1625]]
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.
SEC. 708. <<NOTE: 50 USC 401 note.>> FINAL REPORT; TERMINATION.
(a) Final Report. <<NOTE: Deadline.>> --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.
SEC. 709. <<NOTE: 50 USC 401 note.>> ASSESSMENTS OF FINAL REPORT.
Not <<NOTE: Deadline.>> 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.
SEC. 710. <<NOTE: 50 USC 401 note.>> INAPPLICABILITY OF CERTAIN
ADMINISTRATIVE PROVISIONS.
(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. <<NOTE: 50 USC 401 note.>> FUNDING.
(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.
[[Page 113 STAT. 1626]]
SEC. 712. <<NOTE: 50 USC 401 note.>> 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.
TITLE VIII <<NOTE: Foreign Narcotics Kingpin Designation Act.>> --
INTERNATIONAL NARCOTICS TRAFFICKING
SEC. 801. <<NOTE: 21 USC 1901 note.>> SHORT TITLE.
This title may be cited as the ``Foreign Narcotics Kingpin
Designation Act''.
SEC. 802. <<NOTE: 21 USC 1901.>> 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
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).
SEC. 803. <<NOTE: 21 USC 1902.>> PURPOSE.
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.
SEC. 804. <<NOTE: President. 21 USC 1903.>> 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
[[Page 113 STAT. 1627]]
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. <<NOTE: Deadline.>> --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) <<NOTE: Public information.>> Unclassified Report Required.--
The report required by subsection (b) shall be submitted in unclassified
form and made available to the public.
(d) Classified Report. <<NOTE: Deadline.>> --(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
[[Page 113 STAT. 1628]]
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) <<NOTE: Deadline.>> 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) <<NOTE: Notification. Deadline.>> 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) <<NOTE: Public information.>> 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.
[[Page 113 STAT. 1629]]
(C) <<NOTE: Notification.>> The President shall notify the
Secretary of the Treasury of any determination made under this
paragraph.
(2) <<NOTE: Notice.>> 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) <<NOTE: Deadline. Notification.>> 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.
SEC. 805. <<NOTE: 21 USC 1904.>> BLOCKING ASSETS AND PROHIBITING
TRANSACTIONS.
(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;
[[Page 113 STAT. 1630]]
(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.
[[Page 113 STAT. 1631]]
(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.
SEC. 806. <<NOTE: 21 USC 1905.>> AUTHORITIES.
(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.
SEC. 807. <<NOTE: 21 USC 1906.>> ENFORCEMENT.
(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.
[[Page 113 STAT. 1632]]
(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.
SEC. 808. <<NOTE: 21 USC 1907.>> 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
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.
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 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
[[Page 113 STAT. 1633]]
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.''.
SEC. 810. <<NOTE: 21 USC 1908.>> JUDICIAL REVIEW COMMISSION ON FOREIGN
ASSET CONTROL.
(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,
[[Page 113 STAT. 1634]]
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.
[[Page 113 STAT. 1635]]
(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) <<NOTE: Deadline.>> 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.
[[Page 113 STAT. 1636]]
SEC. 811. <<NOTE: 21 USC 1901 note.>> 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
Intelligence).
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.
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