Text: H.R.1555 — 106th Congress (1999-2000)All Information (Except Text)

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Public Law No: 106-120 (12/03/1999)

 
[106th Congress Public Law 120]
[From the U.S. Government Printing Office]


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[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.

                                  <all>

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