Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

106th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    106-457

======================================================================



 
          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2000

                                _______
                                

                November 5, 1999.--Ordered to be printed

                                _______
                                

  Mr. Goss, from the committee of conference, submitted the following

                           CONFERENCE REPORT

                        [To accompany H.R. 1555]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
1555), to authorize appropriations for fiscal year 2000 for 
intelligence and intelligence-related activities of the United 
States Government, the Community Management Account, and the 
Central Intelligence Agency Retirement and Disability System, 
and for other purposes, having met, after full and free 
conference, have agreed to recommend and do recommend to their 
respective Houses as follows:
      That the House recede from its disagreement to the 
amendment of the Senate and agree to the same with an amendment 
as follows:
      In lieu of the matter proposed to be inserted by the 
Senate amendment, insert the following:

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 Congress on classification and declassification.
Sec. 315. Sense of 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.

         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.

 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. 
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 two 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.
            (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 one year for the performance of temporary 
functions as required by the Director of Central Intelligence.
    (e) National Drug Intelligence Center.--
            (1) In general.--Of the amount authorized to be 
        appropriated in subsection (a), $27,000,000 shall be 
        available for the National Drug Intelligence Center. 
        Within such amount, funds provided for research, 
        development, test, and evaluation purposes shall remain 
        available until September 30, 2001, and funds provided 
        for procurement purposes shall remain available until 
        September 30, 2002.
            (2) Transfer of funds.--The Director of Central 
        Intelligence shall transfer to the Attorney General of 
        the United States funds available for the National Drug 
        Intelligence Center under paragraph (1). The Attorney 
        General shall utilize funds so transferred for 
        activities of the Center.
            (3) Limitation.--Amounts available for the National 
        Drug Intelligence Center may not be used in 
        contravention of the provisions of section 103(d)(1) of 
        the National Security Act of 1947 (50 U.S.C. 403-
        3(d)(1)).
            (4) Authority.--Notwithstanding any other provision 
        of law, the Attorney General shall retain full 
        authority over the operations of the National Drug 
        Intelligence Center.

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.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 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 on establishment or operation of diplomatic intelligence 
                            support centers


    ``Sec. 115. (a) In General.--(1) A diplomatic intelligence 
support center may not be established, operated, or maintained 
without the prior approval of the Director of Central 
Intelligence.
    ``(2) The Director may only approve the establishment, 
operation, or maintenance of a diplomatic intelligence support 
center if the Director determines that the establishment, 
operation, or maintenance of such center is required to provide 
necessary intelligence support in furtherance of the national 
security interests of the United States.
    ``(b) Prohibition of Use of Appropriations.--Amounts 
appropriated pursuant to authorizations by law for intelligence 
and intelligence-related activities may not be obligated or 
expended for the establishment, operation, or maintenance of a 
diplomatic intelligence support center that is not approved by 
the Director of Central Intelligence.
    ``(c) Definitions.--In this section:
            ``(1) The term `diplomatic intelligence support 
        center' means an entity to which employees of the 
        various elements of the intelligence community (as 
        defined in section 3(4)) are detailed for the purpose 
        of providing analytical intelligence support that--
                    ``(A) consists of intelligence analyses on 
                military or political matters and expertise to 
                conduct limited assessments and dynamic 
                taskings for a chief of mission; and
                    ``(B) is not intelligence support 
                traditionally provided to a chief of mission by 
                the Director of Central Intelligence.
            ``(2) The term `chief of mission' has the meaning 
        given that term by section 102(3) of the Foreign 
        Service Act of 1980 (22 U.S.C. 3902(3)), and includes 
        ambassadors at large and ministers of diplomatic 
        missions of the United States, or persons appointed to 
        lead United States offices abroad designated by the 
        Secretary of State as diplomatic in nature.
    ``(d) Termination.--This section shall cease to be 
effective on October 1, 2000.''.
    (b) Clerical Amendment.--The table of contents contained in 
the first section of such Act is amended by inserting after the 
item relating to section 114 the following new item:
``Sec. 115. Limitation on establishment or operation of diplomatic 
          intelligence support centers.''.

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:
            ``(8) the term `computer' means any electronic, 
        magnetic, optical, electrochemical, or other high speed 
        data processing device performing logical, arithmetic, 
        or storage functions, and includes any data storage 
        facility or communications facility directly related to 
        or operating in conjunction with such device and any 
        data or other information stored or contained in such 
        device.''.
    (c) Applicability.--The President shall modify the 
procedures required by section 801(a)(3) of the National 
Security Act of 1947 to take into account the amendment to that 
section made by subsection (a) of this section not later than 
90 days after the date of the enactment of this Act.

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
            (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.--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 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.

SEC. 311. REPORT ON ACTIVITIES OF THE CENTRAL INTELLIGENCE AGENCY IN 
                    CHILE.

    (a) In General.--By not later than 270 days after the date 
of the enactment of this Act, the Director of Central 
Intelligence shall submit to the appropriate congressional 
committees a report describing all activities of officers, 
covert agents, and employees of all elements in the 
intelligence community with respect to the following events in 
the Republic of Chile:
            (1) The assassination of President Salvador Allende 
        in September 1973.
            (2) The accession of General Augusto Pinochet to 
        the Presidency of the Republic of Chile.
            (3) Violations of human rights committed by 
        officers or agents of former President Pinochet.
    (b) Definition.--In this section, the term ``appropriate 
congressional committees'' means the Permanent Select Committee 
on Intelligence and the Committee on Appropriations of the 
House of Representatives and the Select Committee on 
Intelligence and the Committee on Appropriations of the Senate.

SEC. 312. REPORT ON KOSOVA LIBERATION ARMY.

    (a) Report.--Not later than 30 days after the date of the 
enactment of this Act, the Director of Central Intelligence 
shall submit to the appropriate congressional committees a 
report (in both classified and unclassified form) on the 
organized resistance in Kosovo known as the Kosova Liberation 
Army. The report shall include the following:
            (1) A summary of the history of the Kosova 
        Liberation Army.
            (2) As of the date of the enactment of this Act--
                    (A) the number of individuals currently 
                participating in or supporting combat 
                operations of the Kosova Liberation Army 
                (fielded forces), and the number of individuals 
                in training for such service (recruits);
                    (B) the types, and quantity of each type, 
                of weapon employed by the Kosova Liberation 
                Army, the training afforded to such fielded 
                forces in the use of such weapons, and the 
                sufficiency of such training to conduct 
                effective military operations; and
                    (C) minimum additional weaponry and 
                training required to improve substantially the 
                efficacy of such military operations.
            (3) An estimate of the percentage of funding (if 
        any) of the Kosova Liberation Army that is attributable 
        to profits from the sale of illicit narcotics.
            (4) A description of the involvement (if any) of 
        the Kosova Liberation Army in terrorist activities.
            (5) A description of the number of killings of 
        noncombatant civilians (if any) carried out by the 
        Kosova Liberation Army since its formation.
            (6) A description of the leadership of the Kosova 
        Liberation Army, including an analysis of--
                    (A) the political philosophy and program of 
                the leadership; and
                    (B) the sentiment of the leadership toward 
                the United States.
    (b) Appropriate Congressional Committees Defined.--As used 
in this section, the term ``appropriate congressional 
committees'' means the Committee on International Relations and 
the Permanent Select Committee on Intelligence of the House of 
Representatives and the Committee on Foreign Relations and the 
Select Committee on Intelligence of the Senate.

SEC. 313. 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 CONGRESS ON CLASSIFICATION AND DECLASSIFICATION.

    It is the sense of 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 CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.

    It is the sense of Congress that the Director of Central 
Intelligence should continue to direct that elements of the 
intelligence community, whenever compatible with the 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 ``, 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 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 (hereinafter in this 
section referred to as `NIMA') concerning the activities of 
NIMA that before the establishment of NIMA were performed by 
the National Photographic Interpretation Center of the Central 
Intelligence Agency (NPIC), that document the means by which 
foreign intelligence or counterintelligence is collected 
through scientific and technical systems.
    ``(B) Files which are the sole repository of disseminated 
intelligence are not operational files.
    ``(3) Notwithstanding paragraph (1), exempted operational 
files shall continue to be subject to search and review for 
information concerning--
            ``(A) United States citizens or aliens lawfully 
        admitted for permanent residence who have requested 
        information on themselves pursuant to the provisions of 
        section 552 or 552a of title 5, United States Code;
            ``(B) any special activity the existence of which 
        is not exempt from disclosure under the provisions of 
        section 552 of title 5, United States Code; or
            ``(C) the specific subject matter of an 
        investigation by any of the following for any 
        impropriety, or violation of law, Executive order, or 
        Presidential directive, in the conduct of an 
        intelligence activity:
                    ``(i) The Permanent Select Committee on 
                Intelligence of the House of Representatives.
                    ``(ii) The Select Committee on Intelligence 
                of the Senate.
                    ``(iii) The Intelligence Oversight Board.
                    ``(iv) The Department of Justice.
                    ``(v) The Office of General Counsel of 
                NIMA.
                    ``(vi) The Office of the Director of NIMA.
    ``(4)(A) Files that are not exempted under paragraph (1) 
which contain information derived or disseminated from exempted 
operational files shall be subject to search and review.
    ``(B) The inclusion of information from exempted 
operational files in files that are not exempted under 
paragraph (1) shall not affect the exemption under paragraph 
(1) of the originating operational files from search, review, 
publication, or disclosure.
    ``(C) Records from exempted operational files which have 
been disseminated to and referenced in files that are not 
exempted under paragraph (1) and which have been returned to 
exempted operational files for sole retention shall be subject 
to search and review.
    ``(5) The provisions of paragraph (1) may not be superseded 
except by a provision of law which is enacted after the date of 
the enactment of this section, and which specifically cites and 
repeals or modifies its provisions.
    ``(6)(A) Except as provided in subparagraph (B), whenever 
any person who has requested agency records under section 552 
of title 5, United States Code, alleges that NIMA has withheld 
records improperly because of failure to comply with any 
provision of this section, judicial review shall be available 
under the terms set forth in section 552(a)(4)(B) of title 5, 
United States Code.
    ``(B) Judicial review shall not be available in the manner 
provided for under subparagraph (A) as follows:
            ``(i) In any case in which information specifically 
        authorized under criteria established by an Executive 
        Order to be kept secret in the interests of national 
        defense or foreign relations is filed with, or produced 
        for, the court by NIMA, such information shall be 
        examined ex parte, in camera by the court.
            ``(ii) The court shall, to the fullest extent 
        practicable, determine the issues of fact based on 
        sworn written submissions of the parties.
            ``(iii) When a complainant alleges that requested 
        records are improperly withheld because of improper 
        placement solely in exempted operational files, the 
        complainant shall support such allegation with a sworn 
        written submission based upon personal knowledge or 
        otherwise admissible evidence.
            ``(iv)(I) When a complainant alleges that requested 
        records were improperly withheld because of improper 
        exemption of operational files, NIMA shall meet its 
        burden under section 552(a)(4)(B) of title 5, United 
        States Code, by demonstrating to the court by sworn 
        written submission that exempted operational files 
        likely to contain responsible records currently perform 
        the functions set forth in paragraph (2).
            ``(II) The court may not order NIMA to review the 
        content of any exempted operational file or files in 
        order to make the demonstration required under 
        subclause (I), unless the complainant disputes NIMA's 
        showing with a sworn written submission based on 
        personal knowledge or otherwise admissible evidence.
            ``(v) In proceedings under clauses (iii) and (iv), 
        the parties may not obtain discovery pursuant to rules 
        26 through 36 of the Federal Rules of Civil Procedure, 
        except that requests for admissions may be made 
        pursuant to rules 26 and 36.
            ``(vi) If the court finds under this paragraph that 
        NIMA has improperly withheld requested records because 
        of failure to comply with any provision of this 
        subsection, the court shall order NIMA to search and 
        review the appropriate exempted operational file or 
        files for the requested records and make such records, 
        or portions thereof, available in accordance with the 
        provisions of section 552 of title 5, United States 
        Code, and such order shall be the exclusive remedy for 
        failure to comply with this subsection.
            ``(vii) If at any time following the filing of a 
        complaint pursuant to this paragraph NIMA agrees to 
        search the appropriate exempted operational file or 
        files for the requested records, the court shall 
        dismiss the claim based upon such complaint.
            ``(viii) Any information filed with, or produced 
        for the court pursuant to clauses (i) and (iv) shall be 
        coordinated with the Director of Central Intelligence 
        prior to submission to the court.
    ``(b) Decennial Review of Exempted Operational Files.--(1) 
Not less than once every ten years, the Director of the 
National Imagery and Mapping Agency and the Director of Central 
Intelligence shall review the exemptions in force under 
subsection (a)(1) to determine whether such exemptions may be 
removed from the category of exempted files or any portion 
thereof. The Director of Central Intelligence must approve any 
determination to remove such exemptions.
    ``(2) The review required by paragraph (1) shall include 
consideration of the historical value or other public interest 
in the subject matter of the particular category of files or 
portions thereof and the potential for declassifying a 
significant part of the information contained therein.
    ``(3) A complainant that alleges that NIMA has improperly 
withheld records because of failure to comply with this 
subsection may seek judicial review in the district court of 
the United States of the district in which any of the parties 
reside, or in the District of Columbia. In such a proceeding, 
the court's review shall be limited to determining the 
following:
            ``(A) Whether NIMA has conducted the review 
        required by paragraph (1) before the expiration of the 
        ten-year period beginning on the date of the enactment 
        of this section or before the expiration of the 10-year 
        period beginning on the date of the most recent review.
            ``(B) Whether NIMA, in fact, considered the 
        criteria set forth in paragraph (2) in conducting the 
        required review.''.
    (2) The table of contents contained in the first section of 
such Act is amended by inserting after the item relating to 
section 105A the following new item:
``Sec. 105B. Protection of operational files of the National Imagery and 
          Mapping Agency.''.

    (b) Treatment of Certain Transferred Records.--Any record 
transferred to the National Imagery and Mapping Agency from 
exempted operational files of the Central Intelligence Agency 
covered by section 701(a) of the National Security Act of 1947 
(50 U.S.C. 431(a)) shall be placed in the operational files of 
the National Imagery and Mapping Agency that are established 
pursuant to section 105B of the National Security Act of 1947, 
as added by subsection (a).

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 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. 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. 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 
eleven members, as follows:
            (1) The Deputy Director of Central Intelligence for 
        Community Management.
            (2) Three members appointed by the Majority Leader 
        of the Senate, in consultation with the Chairman of the 
        Select Committee on Intelligence of the Senate, one 
        from Members of the Senate and two from private life.
            (3) Two members appointed by the Minority Leader of 
        the Senate, in consultation with the Vice Chairman of 
        the Select Committee on Intelligence of the Senate, one 
        from Members of the Senate and one from private life.
            (4) Three members appointed by the Speaker of the 
        House of Representatives, in consultation with the 
        Chairman of the Permanent Select Committee on 
        Intelligence of the House of Representatives, one from 
        Members of the House of Representatives and two from 
        private life.
            (5) Two members appointed by the Minority Leader of 
        the House of Representatives, in consultation with the 
        ranking member of the Permanent Select Committee on 
        Intelligence of the House of Representatives, one from 
        Members of the House of Representatives and one from 
        private life.
The Director of the National Reconnaissance Office shall be an 
ex officio member of the Commission.
    (c) Membership.--(1) The individuals appointed as members 
of the Commission shall be individuals who are nationally 
recognized for expertise, knowledge, or experience in--
            (A) technical intelligence collection systems and 
        methods;
            (B) research and development programs;
            (C) acquisition management;
            (D) use of intelligence information by national 
        policymakers and military leaders; or
            (E) the implementation, funding, or oversight of 
        the national security policies of the United States.
    (2) An official who appoints members of the Commission may 
not appoint an individual as a member of the Commission if, in 
the judgment of the official, such individual possesses any 
personal or financial interest in the discharge of any of the 
duties of the Commission.
    (3) All members of the Commission appointed from private 
life shall possess an appropriate security clearance in 
accordance with applicable laws and regulations concerning the 
handling of classified information.
    (d) Co-Chairs.--(1) The Commission shall have two co-
chairs, selected from among the members of the Commission.
    (2) One co-chair of the Commission shall be a member of the 
Democratic Party, and one co-chair shall be a member of the 
Republican Party.
    (3) The individuals who serve as the co-chairs of the 
Commission shall be jointly agreed upon by the President, the 
Majority Leader of the Senate, the Minority Leader of the 
Senate, and Speaker of the House of Representatives, and the 
Minority Leader of the House of Representatives.
    (e) Appointment; Initial Meeting.--(1) Members of the 
Commission shall be appointed not later than 45 days after the 
date of the enactment of this Act.
    (2) The Commission shall hold its initial meeting on the 
date that is 60 days after the date of the enactment of this 
Act.
    (f) Meetings; Quorum; Vacancies.--(1) After its initial 
meeting, the Commission shall meet upon the call of the co-
chairs of the Commission.
    (2) Six members of the Commission shall constitute a quorum 
for purposes of conducting business, except that two members of 
the Commission shall constitute a quorum for purposes of 
receiving testimony.
    (3) Any vacancy in the Commission shall not affect its 
powers, but shall be filled in the same manner in which the 
original appointment was made.
    (4) If vacancies in the Commission occur on any day after 
45 days after the date of the enactment of this Act, a quorum 
shall consist of a majority of the members of the Commission as 
of such day.
    (g) Actions of Commission.--(1) The Commission shall act by 
resolution agreed to by a majority of the members of the 
Commission voting and present.
    (2) The Commission may establish panels composed of less 
than the full membership of the Commission for purposes of 
carrying out the duties of the Commission under this title. The 
actions of any such panel shall be subject to the review and 
control of the Commission. Any findings and determinations made 
by such a panel shall not be considered the findings and 
determinations of the Commission unless approved by the 
Commission.
    (3) Any member, agent, or staff of the Commission may, if 
authorized by the co-chairs of the Commission, take any action 
which the Commission is authorized to take pursuant to this 
title.

SEC. 703. DUTIES OF COMMISSION.

    (a) In General.--The duties of the Commission shall be--
            (1) to conduct, until not later than the date on 
        which the Commission submits the report under section 
        708(a), the review described in subsection (b); and
            (2) to submit to the congressional intelligence 
        committees, the Director of Central Intelligence, and 
        the Secretary of Defense a final report on the results 
        of the review.
    (b) Review.--The Commission shall review the current 
organization, practices, and authorities of the NRO, in 
particular with respect to--
            (1) roles and mission;
            (2) organizational structure;
            (3) technical skills;
            (4) contractor relationships;
            (5) use of commercial imagery;
            (6) acquisition of launch vehicles, launch 
        services, and launch infrastructure, and mission 
        assurance;
            (7) acquisition authorities; and
            (8) relationships with other agencies and 
        departments of the Federal Government.

SEC. 704. POWERS OF COMMISSION.

    (a) In General.--(1) The Commission or, on the 
authorization of the Commission, any subcommittee or member 
thereof, may, for the purpose of carrying out the provisions of 
this title--
            (A) hold such hearings and sit and act at such 
        times and places, take such testimony, receive such 
        evidence, and administer such oaths, and
            (B) require, by subpoena or otherwise, the 
        attendance and testimony of such witnesses and the 
        production of such books, records, correspondence, 
        memoranda, papers, and documents,
as the Commission or such designated subcommittee or designated 
member considers necessary.
    (2) Subpoenas may be issued under paragraph (1)(B) under 
the signature of the co-chairs of the Commission, and may be 
served by any person designated by such co-chairs.
    (3) The provisions of sections 102 through 104 of the 
Revised Statutes of the United States (2 U.S.C. 192-194) shall 
apply in the case of any failure of a witness to comply with 
any subpoena or to testify when summoned under authority of 
this section.
    (b) Contracting.--The Commission may, to such extent and in 
such amounts as are provided in advance in appropriation Acts, 
enter into contracts to enable the Commission to discharge its 
duties under this title.
    (c) Information From Federal Agencies.--The Commission may 
secure directly from any executive department, agency, bureau, 
board, commission, office, independent establishment, or 
instrumentality of the Government information, suggestions, 
estimates, and statistics for the purposes of this title. Each 
such department, agency, bureau, board, commission, office, 
establishment, or instrumentality shall, to the extent 
authorized by law, furnish such information, suggestions, 
estimates, and statistics directly to the Commission, upon 
request of the co-chairs of the Commission. The Commission 
shall handle and protect all classified information provided to 
it under this section in accordance with applicable statutes 
and regulations.
    (d) Assistance From Federal Agencies.--(1) The Director of 
Central Intelligence shall provide to the Commission, on a 
nonreimbursable basis, such administrative services, funds, 
staff, facilities, and other support services as are necessary 
for the performance of the Commission's duties under this 
title.
    (2) The Secretary of Defense may provide the Commission, on 
a nonreimbursable basis, with such administrative services, 
staff, and other support services as the Commission may 
request.
    (3) In addition to the assistance set forth in paragraphs 
(1) and (2), other departments and agencies of the United 
States may provide the Commission such services, funds, 
facilities, staff, and other support as such departments and 
agencies consider advisable and as may be authorized by law.
    (4) The Commission shall receive the full and timely 
cooperation of any official, department, or agency of the 
United States Government whose assistance is necessary for the 
fulfillment of the duties of the Commission under this title, 
including the provision of full and current briefings and 
analyses.
    (e) Prohibition on Withholding Information.--No department 
or agency of the Government may withhold information from the 
Commission on the grounds that providing the information to the 
Commission would constitute the unauthorized disclosure of 
classified information or information relating to intelligence 
sources or methods.
    (f) Postal Services.--The Commission may use the United 
States mails in the same manner and under the same conditions 
as the departments and agencies of the United States.
    (g) Gifts.--The Commission may accept, use, and dispose of 
gifts or donations of services or property in carrying out its 
duties under this title.

SEC. 705. 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 Code, governing appointments in the 
competitive service, and without regard to the provisions of 
chapter 51 and subchapter III orchapter 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. 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. 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 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. FINAL REPORT; TERMINATION.

    (a) Final Report.--Not later than November 1, 2000, the 
Commission shall submit to the congressional intelligence 
committees, the Director of Central Intelligence, and the 
Secretary of Defense a final report as required by section 
703(a).
    (b) Termination.--(1) The Commission, and all the 
authorities of this title, shall terminate at the end of the 
120-day period beginning on the date on which the final report 
under subsection (a) is transmitted to the congressional 
intelligence committees.
    (2) The Commission may use the 120-day period referred to 
in paragraph (1) for the purposes of concluding its activities, 
including providing testimony to committees of Congress 
concerning the final report referred to in that paragraph and 
disseminating the report.

SEC. 709. ASSESSMENTS OF FINAL REPORT.

    Not later than 60 days after receipt of the final report 
under section 708(a), the Director of Central Intelligence and 
the Secretary of Defense shall each submit to the congressional 
intelligence committees an assessment by the Director or the 
Secretary, as the case may be, of the final report. Each 
assessment shall include such comments on the findings and 
recommendations contained in the final report as the Director 
or Secretary, as the case may be, considers appropriate.

SEC. 710. 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. 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.

SEC. 712. CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED.

    In this title, the term ``congressional intelligence 
committees'' means the following:
            (1) The Select Committee on Intelligence of the 
        Senate.
            (2) The Permanent Select Committee on Intelligence 
        of the House of Representatives.

            TITLE VIII--INTERNATIONAL NARCOTICS TRAFFICKING

SEC. 801. SHORT TITLE.

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

SEC. 802. FINDINGS AND POLICY.

    (a) Findings.--Congress makes the following findings:
            (1) Presidential Decision Directive 42, issued on 
        October 21, 1995, ordered agencies of the executive 
        branch of the United States Government to, inter alia, 
        increase the priority and resources devoted to the 
        direct and immediate threat 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 4 
        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. 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. 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 
of Defense, the Secretary of State, and the Director of Central 
Intelligence shall consult among themselves and provide the 
appropriate and necessary information to enable the President 
to submit the report under subsection (b). This information 
shall also be provided to the Director of the Office of 
National Drug Control Policy.
    (b) Public Identification and Sanctioning of Significant 
Foreign Narcotics Traffickers.--Not later than June 1, 2000, 
and not later than June 1 of each year thereafter, the 
President shall submit a report to the Permanent Select 
Committee on Intelligence, and the Committees on the Judiciary, 
International Relations, Armed Services, and Ways and Means of 
the House of Representatives; and to the Select Committee on 
Intelligence, and the Committees on the Judiciary, Foreign 
Relations, Armed Services, and Finance of the Senate--
            (1) identifying publicly the foreign persons that 
        the President determines are appropriate for sanctions 
        pursuant to this title; and
            (2) detailing publicly the President's intent to 
        impose sanctions upon these significant foreign 
        narcotics traffickers pursuant to this title.

The report required in this subsection shall not include 
information on persons upon which United States sanctions 
imposed under this title, or otherwise on account of narcotics 
trafficking, are already in effect.
    (c) Unclassified Report Required.--The report required by 
subsection (b) shall be submitted in unclassified form and made 
available to the public.
    (d) Classified Report.--(1) Not later than July 1, 2000, 
and not later than July 1 of each year thereafter, the 
President shall provide the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate with a report in 
classified form describing in detail the status of the 
sanctions imposed under this title, including the personnel and 
resources directed towards the imposition of such sanctions 
during the preceding fiscal year, and providing background 
information with respect to newly-identified significant 
foreign narcotics traffickers and their activities.
    (2) Such classified report shall describe actions the 
President intends to undertake or has undertaken with respect 
to such significant foreign narcotics traffickers.
    (3) The report required under this subsection is in 
addition to the President's obligations to keep the 
intelligence committees of Congress fully and currently 
informed pursuant to the provisions of the National Security 
Act of 1947.
    (e) Exclusion of Certain Information.--
            (1) Intelligence.--Notwithstanding any other 
        provision of this section, the reports described in 
        subsections (b) and (d) shall not disclose the identity 
        of any person, if the Director of Central Intelligence 
        determines that such disclosure could compromise an 
        intelligence operation, activity, source, or method of 
        the United States.
            (2) Law enforcement.--Notwithstanding any other 
        provision of this section, the reports described in 
        subsections (b) and (d) shall not disclose the name of 
        any person if the Attorney General, in coordination as 
        appropriate with the Director of the Federal Bureau of 
        Investigation, the Administrator of the Drug Enforcement 
        Administration, and the Secretary of the Treasury, 
        determines that such disclosure could reasonably be expected to --
            (A) compromise the identity of a confidential 
        source, including a State, local, or foreign agency or 
        authority or any private institution that furnished 
        information on a confidential basis;
            (B) jeopardize the integrity or success of an 
        ongoing criminal investigation or prosecution;
            (C) endanger the life or physical safety of any 
        person; or
            (D) cause substantial harm to physical property.
    (f) Notification Required.--(1) Whenever either the 
Director of Central Intelligence or the Attorney General makes 
a determination under subsection (e), the Director of Central 
Intelligence or the Attorney General shall notify the Permanent 
Select Committee on Intelligence of the House of 
Representatives and the Select Committee on Intelligence of the 
Senate, and explain the reasons for such determination.
    (2) The notification required under this subsection shall 
be submitted to the Permanent Select Committee on Intelligence 
of the House of Representatives and the Select Committee on 
Intelligence of the Senate not later than July 1, 2000, and on 
an annual basis thereafter.
    (g) Determinations Not To Apply Sanctions.--(1) The 
President may waive the application to a significant foreign 
narcotics trafficker of any sanction authorized by this title 
if the President determines that the application of sanctions 
under this title would significantly harm the national security 
of the United States.
    (2) When the President determines not to apply sanctions 
that are authorized by this title to any significant foreign 
narcotics trafficker, the President shall notify the Permanent 
Select Committee on Intelligence, and the Committees on the 
Judiciary, International Relations, Armed Services, and Ways 
and Means of the House of Representatives, and the Select 
Committee on Intelligence, and the Committees on the Judiciary, 
Foreign Relations, Armed Services, and Finance of the Senate 
not later than 21 days after making such determination.
    (h) Changes in Determinations To Impose Sanctions.--
            (1) Additional determinations.--(A) If at any time 
        after the report required under subsection (b) the 
        President finds that a foreign person is a significant 
        foreign narcotics trafficker and such foreign person 
        has not been publicly identified in a report required 
        under subsection (b), the President shall submit an 
        additional public report containing the information 
        described in subsection (b) with respect to such 
        foreign person to the Permanent Select Committee on 
        Intelligence, and the Committees on the Judiciary, 
        International Relations, Armed Services, and Ways and 
        Means of the House of Representatives, and the Select 
        Committee on Intelligence, and the Committees on the 
        Judiciary, Foreign Relations, Armed Services, and 
        Finance of the Senate.
            (B) The President may apply sanctions authorized 
        under this title to the significant foreign narcotics 
        trafficker identified in the report submitted under 
        subparagraph (A) as if the trafficker were originally 
        included in the report submitted pursuant to subsection 
        (b) of this section.
            (C) The President shall notify the Secretary of the 
        Treasury of any determination made under this 
        paragraph.
            (2) Revocation of determination.--(A) Whenever the 
        President finds that a foreign person that has been 
        publicly identified as a significant foreign narcotics 
        trafficker in the report required under subsection (b) 
        or this subsection no longer engages in those 
        activities for which sanctions under this title may be 
        applied, the President shall issue public notice of 
        such a finding.
            (B) Not later than the date of the public notice 
        issued pursuant to subparagraph (A), the President 
        shall notify, in writing and in classified or 
        unclassified form, the Permanent Select Committee on 
        Intelligence, and the Committees on the Judiciary, 
        International Relations, Armed Services, and Ways and 
        Means of the House of Representatives, and the Select 
        Committee on Intelligence, and the Committees on the 
        Judiciary, Foreign Relations, Armed Services, and 
        Finance of the Senate of actions taken under this 
        paragraph and a description of the basis for such 
        actions.

SEC. 805. 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;
            (3) any foreign person that the Secretary of the 
        Treasury, in consultation with the Attorney General, 
        the Director of Central Intelligence, the Director of 
        the Federal Bureau of Investigation, the Administrator 
        of the Drug Enforcement Administration, the Secretary 
        of Defense, and the Secretary of State, designates as 
        owned, controlled, or directed by, or acting for or on 
        behalf of, a significant foreign narcotics trafficker 
        so identified in the report required under subsection 
        (b) or (h)(1) of section 804, or foreign persons 
        designated by the Secretary of the Treasury pursuant to 
        this subsection; and
            (4) any foreign person that the Secretary of the 
        Treasury, in consultation with the Attorney General, 
        the Director of Central Intelligence, the Director of 
        the Federal Bureau of Investigation, the Administrator 
        of the Drug Enforcement Administration, the Secretary 
        of Defense, and the Secretary of State, designates as 
        playing a significant role in international narcotics 
        trafficking.
    (c) Prohibited Transactions.--Except to the extent provided 
in regulations, orders, instructions, licenses, or directives 
issued pursuant to this title, and notwithstanding any contract 
entered into or any license or permit granted prior to the date 
on which the President submits the report required under 
subsection (b) or (h)(1) of section 804, the following 
transactions are prohibited:
            (1) Any transaction or dealing by a United States 
        person, or within the United States, in property or 
        interests in property of any significant foreign 
        narcotics trafficker so identified in the report 
        required pursuant to subsection (b) or (h)(1) of 
        section 804, and foreign persons designated by the 
        Secretary of the Treasury pursuant to subsection (b) of 
        this section.
            (2) Any transaction or dealing by a United States 
        person, or within the United States, that evades or 
        avoids, or has the effect of evading or avoiding, and 
        any endeavor, attempt, or conspiracy to violate, any of 
        the prohibitions contained in this title.
    (d) Law Enforcement and Intelligence Activities Not 
Affected.--Nothing in this title prohibits or otherwise limits 
the authorized law enforcement or intelligence activities of 
the United States, or the law enforcement activities of any 
State or subdivision thereof.
    (e) Implementation.--(1) The Secretary of the Treasury, in 
consultation with the Attorney General, the Director of Central 
Intelligence, the Director of the Federal Bureau of 
Investigation, the Administrator of the Drug Enforcement 
Administration, the Secretary of Defense, and the Secretary of 
State, is authorized to take such actions as may be necessary 
to carry out this title, including--
            (A) making those designations authorized by 
        paragraphs (2), (3), and (4) of subsection (b) of this 
        section and revocation thereof;
            (B) promulgating rules and regulations permitted 
        under this title; and
            (C) employing all powers conferred on the Secretary 
        of the Treasury under this title.
    (2) Each agency of the United States shall take all 
appropriate measures within its authority to carry out the 
provisions of this title.
    (3) Section 552(a)(3) of title 5, United States Code, shall 
not apply to any record or information obtained or created in 
the implementation of this title.
    (f) Judicial Review.--The determinations, identifications, 
findings, and designations made pursuant to section 804 and 
subsection (b) of this section shall not be subject to judicial 
review.

SEC. 806. 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. 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.
    (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. 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 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. 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, office, establishment, or instrumentality 
shall, to the extent authorized by law, furnish such 
information, suggestions, estimates, and statistics directly to 
the Commission, upon request of the chairman of the Commission. 
The Commission shall handle and protect all classified 
information provided to it under this section in accordance 
with applicable statutes and regulations.
    (3) The Attorney General and the Secretary of the Treasury 
shall provide to the Commission, on a nonreimbursable basis, 
such administrative services, funds, facilities, and other 
support services as are necessary for the performance of the 
Commission's duties under this section.
    (4) The Commission shall receive the full and timely 
cooperation of any official, department, or agency of the 
United States Government whose assistance is necessary for the 
fulfillment of the duties of the Commission under this section, 
including the provision of full and current briefings and 
analyses.
    (5) No department or agency of the Government may withhold 
information from the Commission on the grounds that providing 
the information to the Commission would constitute the 
unauthorized disclosure of classified information or 
information relating to intelligence sources or methods.
    (6) The Commission may use the United States mails in the 
same manner and under the same conditions as the departments 
and agencies of the United States.
    (e) Staff.--(1) Subject to paragraph (2), the chairman of 
the Commission, in accordance with rules agreed upon by the 
Commission, shall appoint and fix the compensation of a staff 
director and such other personnel as may be necessary to enable 
the Commission to carry out its duties, without regard to the 
provisions of title 5, United States Code, governing 
appointments in the competitive service, and without regard to 
the provisions of chapter 51 and subchapter III or chapter 53 
of such title relating to classification and General Schedule 
pay rates, except that no rate of pay fixed under this 
subsection may exceed the equivalent of that payable to a 
person occupying a position at level V of the Executive 
Schedule under section 5316 of such title.
    (2)(A) Any employee of a department or agency referred to 
in subparagraph (B) may be detailed to the Commission without 
reimbursement from the Commission, and such detailee shall 
retain the rights, status, and privileges of his or her regular 
employment without interruption.
    (B) The departments and agencies referred to in this 
subparagraph are as follows:
            (i) The Department of Justice.
            (ii) The Department of the Treasury.
            (iii) The Central Intelligence Agency.
    (3) All staff of the Commission shall possess a security 
clearance in accordance with applicable laws and regulations 
concerning the handling of classified information.
    (f) Compensation and Travel Expenses.--(1)(A) Except as 
provided in subparagraph (B), each member of the Commission may 
be compensated at not to exceed the daily equivalent of the 
annual rate of basic pay in effect for a position at level IV 
of the Executive Schedule under section 5315 of title 5, United 
States Code, for each day during which that member is engaged 
in the actual performance of the duties of the Commission under 
this section.
    (B) Members of the Commission who are officers or employees 
of the United States shall receive no additional pay by reason 
of their service on the Commission.
    (2) While away from their homes or regular places of 
business in the performance of services for the Commission, 
members of the Commission may be allowed travel expenses, 
including per diem in lieu of subsistence, in the same manner 
as persons employed intermittently in the Government service 
are allowed expenses under section 5703(b) of title 5, United 
States Code.
    (g) Report.--(1) Not later than one 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.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.

SEC. 811. EFFECTIVE DATE.

    This title shall take effect on the date of the enactment 
of this Act.
      And the Senate agree to the same.

                From the Permanent Select Committee on 
                Intelligence, for consideration of the Senate 
                amendment, and the House bill, and 
                modifications committed to conference:
                                   Porter Goss,
                                   Jerry Lewis,
                                   Bill McCollum,
                                   Michael N. Castle,
                                   Sherwood Boehlert,
                                   Charles F. Bass,
                                   Jim Gibbons,
                                   Ray LaHood,
                                   Heather Wilson,
                                   Julian C. Dixon,
                                   Nancy Pelosi,
                                   Sanford Bishop, Jr.,
                                   Norman Sisisky,
                                   Gary Condit.
                From the Committee on Armed Services, for 
                consideration of defense tactical intelligence 
                and related activities:
                                   Floyd Spence,
                                   Bob Stump,
                                   Robert E. Andrews,
                                 Managers on the Part of the House.
                From the Select Committee on Intelligence:
                                   Richard Shelby,
                                   Bob Kerrey,
                                   Richard G. Lugar,
                                   Mike DeWine,
                                   Jon Kyl,
                                   Jim Inhofe,
                                   Orrin Hatch,
                                   Pat Roberts,
                                   Wayne Allard,
                                   Richard H. Bryan,
                                   Bob Graham,
                                   John F. Kerry,
                                   Max Baucus,
                                   Chuck Robb,
                                   Frank R. Lautenberg.
                From the Committee on Armed Services:
                                   John Warner,
                                Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

      The managers on the part of the Senate and the House at 
the conference on the disagreeing votes of the two Houses on 
the amendment of the Senate to the bill (H.R. 1555) to 
authorize appropriations for fiscal year 2000 for intelligence 
and the intelligence-related activities of the United States 
Government, the Community Management Account, and the Central 
Intelligence Agency Retirement and Disability System, and for 
other purposes, submit the following joint statement to the 
Senate and the House in explanation of the effect of the action 
agreed upon by the managers and recommended in the accompanying 
conference report:
      The Senate amendment struck all of the House bill after 
the enacting clause and inserted a substitute text.
      The House recedes from its disagreement to the amendment 
of the Senate with an amendment that is a substitute for the 
House bill and the Senate amendment. The differences between 
the House bill, the Senate amendment, and the substitute agreed 
to in conference are noted below, except for clerical 
corrections, conforming changes made necessary by agreements 
reached by the conferees, and minor drafting and clerical 
changes.
      The managers agree that the congressionally directed 
actions described in the respective committee reports or 
classified annexes should be undertaken to the extent that such 
congressionally directed actions are not amended, altered, or 
otherwise specifically addressed in either this Joint 
Explanatory Statement or in the classified annex to the 
conference report on the bill H.R. 1555.

                    Title I--Intelligence Activities

               sec. 101. authorization of appropriations

      Section 101 of the conference report lists the 
departments, agencies, and other elements of the United States 
Government for whose intelligence and intelligence related 
activities the Act authorizes appropriations for fiscal year 
2000. Section 101 is identical to section 101 of the House bill 
and section 101 of the Senate amendment.

            sec. 102. classified schedule of authorizations

      Section 102 of the conference report makes clear that the 
details of the amounts authorized to be appropriated for 
intelligence and intelligence-related activities and applicable 
personnel ceilings covered under this title for fiscal year 
2000 are contained in a classified Schedule of Authorizations. 
The classified Schedule of Authorizations is incorporated into 
the Act by this section. The details of the Schedule are 
explained in the classified annex to this report. Section 102 
is similar to section 102 of the House bill and section 102 of 
the Senate amendment.

                sec. 103. personnel ceiling adjustments

      Section 103 of the conference report authorizes the 
Director of Central Intelligence, with the approval of the 
Director of the Office of Management and Budget, in fiscal year 
2000 to authorize employment of civilian personnel in excess of 
the personnel ceilings applicable to the components of the 
Intelligence Community under section 102 by an amount not to 
exceed two percent of the total of the ceilings applicable 
under section 102. The Director of Central Intelligence may 
exercise this authority only when doing so is necessary to the 
performance of important intelligence functions. Any exercise 
of this authority must be reported to the two intelligence 
committees of the Congress.
      The managers emphasize that the authority conferred by 
section 103 is not intended to permit the wholesale raising of 
personnel strength in any intelligence component. Rather, the 
section provides the Director of Central Intelligence with 
flexibility to adjust personnel levels temporarily for 
contingencies and for overages caused by an imbalance between 
hiring of new employees and attrition of current employees. The 
managers do not expect the Director of Central Intelligence to 
allow heads of intelligence components to plan to exceed levels 
set in the Schedule of Authorizations except for the 
satisfaction of clearly identified hiring needs which are 
consistent with the authorization of personnel strengths in 
this bill. In no case is this authority to be used to provide 
for positions denied by this bill. Section 103 is identical to 
section 103 of the House bill and section 103 of the Senate 
amendment.

          sec. 104. intelligence community management account

      Section 104 of the conference report authorizes 
appropriations for the Community Management Account for the 
Director of Central Intelligence and sets the personnel end-
strength for the Intelligence Community Management Staff for 
fiscal year 2000.
      Subsection (a) authorizes appropriations of $170,672,000 
for fiscal year 2000 for the activities of the Community 
Management Account (CMA) of the Director of Central 
Intelligence.
      The House bill and the Senate amendment were nearly 
identical.
      The Senate amendment, however, contained a provision 
earmarking funds from the CMA for the Information Security 
Oversight Office (ISOO). The House bill did not include a 
similar provision. The House recedes to the Senate position 
with a modification. The managers have agreed to delete the 
provision earmarking Community Management funds for the ISOO. 
The managers agree that authorizing funds from the CMA for the 
ISOO is an inappropriate allocation of intelligence community 
funds.
      Subsection (b) authorizes 348 full-time personnel for the 
Community Management Staff for fiscal year 2000 and provides 
that such personnel may be permanent employees of the Staff or 
detailed from various elements of the United States Government.
      Subsection (c) authorizes additional appropriations and 
personnel for the Community Management Account as specified in 
the classified Schedule of Authorizations and permits these 
additional amounts to remain available through September 30, 
2001.
      Subsection (d) requires, except as provided in Section 
113 of the National Security Act of 1947 or for temporary 
situations of less than one year, that personnel from another 
element of the United States Government be detailed to an 
element of the Community Management Account on a reimbursable 
basis.
      Subsection (e) authorizes $27,000,000 of the amount 
authorized in subsection (a) to be made available for the 
National Drug Intelligence Center (NDIC).

 Sec. 105. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR 
                            FISCAL YEAR 1999

      Section 105 specifically authorizes, for purposes of 
section 504 of the National Security Act of 1947, those 
intelligence and intelligence-related activities that were 
deemed to have been authorized, pursuant to that section, 
through the 1999 Emergency Supplemental Appropriations Act 
(P.L. 106-31). A provision similar to section 105 was included 
in the House bill but was not included in the Senate amendment. 
The Senate recedes to the House position. The managers agreed 
to include this provision based on the requirements of section 
504 of the National Security Act of 1947.

 Title II--Central Intelligence Agency Retirement and Disability System

               sec. 201. authorization of appropriations

      Section 201 is identical to section 201 of the House bill 
and section 201 of the Senate amendment.

                     Title III--General Provisions

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
                                  LAW

      Section 301 is identical to section 301 of the House bill 
and section 301 of the Senate amendment.

      sec. 302. restriction on conduct of intelligence activities

      Section 302 is identical to section 302 of the House bill 
and section 302 of the Senate amendment.

           sec. 303. diplomatic intelligence support centers

      Section 303 of the conference report limits the 
establishment, operation, or maintenance of Diplomatic 
Intelligence Support Centers (DISCs) in fiscal year 2000 and 
precludes the obligation or expenditure of any funds 
appropriated for fiscal year 2000 for any purpose related to 
DISCs, without the prior approval of the Director of Central 
Intelligence (DCI).
      The managers direct that prior to any NFIP funds being 
spent to establish a DISC, the DCI must, within three days of 
his approval of the establishment of a DISC, advise the 
congressional intelligence committees of his determination that 
the approved DISC is required to provide necessary intelligence 
support in furtherance of the national security interests of 
the United States.
      Neither the House bill nor the Senate amendment contained 
a similar provision. Prior to the meeting of conferees, 
however, the managers learned of efforts by the Department of 
State to establish a DISC and found the concept unwise. The 
managers are not convinced that the DISC model is an 
appropriate means for providing intelligence support to 
diplomatic missions. This is specifically so where there is 
already ample intelligence support at the disposal of the chief 
of a diplomatic mission. Notwithstanding this provision 
limiting the establishment, operation, or maintenance of DISCs, 
the managers strongly believe that intelligence support to 
diplomatic missions is one of the very highest intelligence 
priorities.
      Nothing in this provision precludes the Department of 
State from deploying Bureau of Intelligence and Research 
analysts to any location where the Secretary of State 
determines there is a need for such support. Likewise, this 
provision does not inhibit the Director of Central Intelligence 
from deciding the appropriate level of, or the manner in which, 
intelligence support to U.S. diplomatic missions shall be 
accomplished. The managers have specifically identified in the 
classified annex to this conference report the type of 
intelligence support that is unaffected by this provision.

       sec. 304. protection of identity of retired covert agents

      The House bill contained a similar provision. The Senate 
amendment did not. The Senate recedes to the House with a 
modification replacing the mandatory minimum sentencing 
provision in the House bill with a provision specifying that 
terms of imprisonment imposed under the section shall be served 
consecutively to any other sentence of imprisonment.

  Sec. 305. access to computers and computer data of executive branch 
            employees with access to classified information

      The Senate amendment contained a similar provision. The 
House bill did not. The House recedes to the Senate position.

sec. 306. naturalization of certain persons affiliated with a communist 
                            or similar party

      The Senate amendment contained a similar provision. The 
House bill did not. The House recedes to the Senate position.

                     sec. 307. technical amendment

      The Senate amendment contained a similar provision. The 
House bill did not. The House recedes to the Senate position.

 Sec. 308. declassification review of intelligence estimate on vietnam-
   era prisoners of war and missing in action personnel and critical 
                         assessment of estimate

      The Senate amendment contained a similar provision. The 
House bill did not. The House recedes to the Senate position.

sec. 309. report on legal standards applied for electronic surveillance

      The House bill and Senate amendment contained similar 
provisions. The Senate recedes to the House provision with a 
modification.

 sec. 310. report on effects of foreign espionage on the united states

      The House bill contained a similar provision. The Senate 
amendment did not. The Senate recedes to the House position.

 sec. 311. report on activities of the central intelligence agency in 
                                 chile

      Section 311 requires the Director of Central Intelligence 
to submit a report to the appropriate committees of Congress no 
later than nine months after this Act is enacted describing all 
activities of officers, covert agents, and employees of all 
elements in the intelligence community with respect to the 
assassination of President Salvador Allende in September 1973; 
the accession of General Augusto Pinochet to the Presidency of 
the Republic of Chile; and, violations of human rights 
committed by officers or agents of former President Pinochet.
      The conferees note that the National Security Council on 
February 1, 1999, directed the Departments of State, Justice, 
and Defense; the Central Intelligence Agency; and the National 
Archives to compile and review for public release all documents 
that shed light on human rights abuses, terrorism, and other 
acts of political violence during and prior to the Pinochet era 
in Chile. In addition, the conferees note that the Department 
of Justice is conducting a search for documents pertaining to 
the requests of the Spanish court investigating the abuses of 
the Pinochet regime. The managers expect the appropriate 
committees of Congress, as set forth in this section, to be 
given access to the documents responsive to these two searches, 
whether classified or publicly released.
      Section 311 is similar to Section 306(a) of the House 
bill but provides additional time for the submission of the 
report.

               sec. 312. report on kosova liberation army

      The House bill contained a similar provision. The Senate 
amendment did not. The Senate recedes to the House position.

   sec. 313. reaffirmation of longstanding prohibition against drug 
         trafficking by employees of the intelligence community

      The House bill contained a similar provision. The Senate 
amendment did not. The Senate recedes to the House position 
with a modification upon the insistence of the Senate.

   sec. 314. sense of congress on classification and declassification

      The Senate amendment contained a similar provision. The 
House bill did not. The House recedes to the Senate position.

   sec. 315. sense of congress on intelligence community contracting

      The House bill contained a similar provision. The Senate 
amendment did not. The Senate recedes to the House position.

                 Title IV--Central Intelligence Agency

    sec. 401. improvement and extension of central services program

      The Senate amendment contained a similar provision. The 
House bill did not. The House recedes to the Senate position, 
with a modification.

        sec. 402. extension of cia voluntary separation pay act

      The Senate amendment contained a similar provision. The 
House bill did not. The House recedes to the Senate position, 
upon the insistence of the Senate.

         Title V--Department of Defense Intelligence Activities

 sec. 501. protection of operational files of the national imagery and 
                             mapping agency

      The House bill contained a similar provision. The Senate 
amendment did not. The Senate recedes to the House position, 
with a modification making this amendment to title 50, United 
States Code, rather than in title 10, United States Code.

 sec. 502. funding for infrastructure and quality of life improvements 
                at menwith hill and bad aibling stations

      The Senate amendment contained a similar provision. The 
House bill did not. The House recedes to the Senate position.

   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

      The Senate amendment contained a similar provision. The 
House bill did not. The House recedes to the Senate position.

 sec. 602. federal bureau of investigation reports to other executive 
         agencies on results of counterintelligence activities

      The Senate amendment contained a similar provision. The 
House bill did not. The House recedes to the Senate position.

     Title VII--National Commission for the Review of the National 
                         Reconnaissance Office

                           sec. 701. findings

      Neither the House bill nor the Senate amendment contained 
a similar provision. Prior to the meeting of conferees, 
however, the managers determined that an independent review of 
the National Reconnaissance Office (NRO) must be conducted to 
ensure that the National Reconnaissance Office (NRO) must be 
conducted to ensure that the Intelligence Community will 
acquire the most efficient, technologically capable, and 
economical satellite collection systems, and that the national 
policymakers and military leaders receive the intelligence they 
require to keep our nation secure. Therefore, the managers have 
included a provision creating the Commission for the Review of 
the National Reconnaissance Office.
      The managers agreed that the functions and missions 
carried out by the NRO are essential to the provision of timely 
intelligence to policymakers and military leaders. However, the 
changing threat environment and emerging technologies have 
altered both what information satellites can collect and how 
they collect it. Additionally, Congress wants to ensure that 
future generations of intelligence collection satellites both 
perform to their requirements and are purchased at a fair cost 
to the taxpayer.

     sec. 702. national commission for the review of the national 
                         reconnaissance office

      The Commission will have eleven members. The Majority 
Leader of the Senate and the Speaker of the House, in 
consultation with the Chairman of the Senate Select Committee 
on Intelligence and the House Permanent Select Committee on 
Intelligence, will each appoint one commission member from 
their respective Chamber and two from private life. The 
Minority Leaders of the Senate and House, in consultation with 
the Vice Chairman of the Senate Select Committee on 
Intelligence and the ranking member of the House Permanent 
Select Committee on Intelligence, will each appoint one 
commission member from their respective Chamber and one from 
private life. Additionally, the Deputy Director of Central 
Intelligence for Community Management will be a voting member 
of the Commission and the Director of the National 
Reconnaissance Office will be an ex officio, i.e., non-voting, 
member of the Commission.
      The managers have included requirements that individuals 
appointed to the Commission will have experience and expertise 
in technical intelligence collection systems and methods; 
research and development programs; acquisition management; use 
of intelligence information by national policymakers and 
military leaders; and/or the implementation, funding, or 
oversight of the national security policies of the United 
States.
      The Co-Chairs of the Commission will be selected from 
among the members of the Commission and agreed upon by the 
President, the Majority and Minority Leaders of the Senate, and 
the Speaker and Minority Leader of the House.

                     sec. 703. duties of commission

      The Commission is tasked with reviewing the roles and 
mission of the NRO; its organizational structure; technical 
skills of its employees; its contractor relationships; its use 
of commercial imagery; its acquisition of launch vehicles, 
launch services, launch infrastructure, and mission assurance; 
its acquisition authorities; and the relationship to other 
agencies and departments of the Federal Government.

                     sec. 704. powers of commission

      The Commission is authorized to hold hearings, receive 
testimony from witnesses, receive information from federal 
agencies, and receive assistance from the Director of Central 
Intelligence and the Secretary of Defense in order to discharge 
its duties under this title.

                     sec. 705. staff of commission

      The Commission is authorized to hire staff, procure 
consultant services, and receive assistance from Federal 
Government employees detailed to the Commission in order to 
discharge its duties under this title.
      The managers agree that any member of the Commission is 
authorized to designate his or her staff to serve as liaison 
staff to the Commission. Liaison staff are required to possess 
the requisite security clearances before being given any access 
to classified information. Liaison staff shall have the same 
access to the information considered by the Commission as staff 
directly hired by the Commission.

               SEC. 706. COMPENSATION AND TRAVEL EXPENSES

      Members of the Commission are authorized to be 
compensated and be allowed travel expenses for the performance 
of their duties under this title.

    SEC. 707. TREATMENT OF INFORMATION RELATING TO NATIONAL SECURITY

      The Director of Central Intelligence shall assume 
responsibility for the handling and disposition of national 
security information received, considered, and used by 
Commission.

                  SEC. 708. FINAL REPORT; TERMINATION

      The Commission is to produce a report with 
recommendations to the congressional intelligence committees, 
the Director of Central Intelligence, and the Secretary of 
Defense by November 1, 2000. A copy of this report shall also 
be made available to the committees on Armed Services of the 
Senate and the House of Representatives.
      The managers realize that the nature of the subject 
matter involved in a review of the NRO may of necessity require 
that Classified report be produced, but believe strongly that 
an unclassified report should also be made available to the 
public.

                 SEC. 709. ASSESSMENTS OF FINAL REPORT

      The Director of Central Intelligence and the Secretary of 
Defense shall each submit to the congressional intelligence 
committees as assessment of the report of the Commission within 
30 days of receipt of the report. A copy of these assessments 
shall also be made available to the Commission on Armed 
Services of the Senate and the House of Representatives.

     SEC. 710. INAPPLICABILITY OF CERTAIN ADMINISTRATIVE PROVISIONS

      The provisions of the Federal Advisory Committee Act and 
the Freedom of Information Act shall not apply to the 
activities of the Commission.

                           SEC. 711. FUNDING

      The Director of Central Intelligence shall make available 
for purposes of the activities of the Commission $5.0 million 
from the amounts authorized to be appropriated by this Act for 
the National Reconnaissance Office.

        SEC. 712. CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED

      The congressional intelligence committees referred to in 
this title refer to the Senate Select Committee on Intelligence 
and the House Permanent Select Committee on Intelligence.

     Title VIII--Blocking Assets of Significant Foreign Narcotics 
                              Traffickers

                         SEC. 801. SHORT TITLE

      This section provides the short title for this title: 
``Foreign Narcotics Kingpin Designation Act.''

                     SEC. 802. FINDINGS AND POLICY

      The provisions in title VIII are intended to be global in 
scope--not country-specific--and specifically focus on the 
major cocaine, heroin, marijuana, amphetamine, and emerging 
synthetic narcotics produced and sold by foreign narco-
trafficking organizations. The managers believe that the 
enactment of these provisions will encourage U.S. law 
enforcement an intelligence agencies to better coordinate their 
efforts against the leaders of the world's most dangerous 
multinational criminal organizations. This initiative will 
assist U.S. Government efforts to identify the assets, 
financial networks, and business associates of major narcotics 
trafficking groups. If effectively implemented, this strategy 
will disrupt these criminal organizations and bankrupt their 
leadership.
      The provisions in this title are intended to supplement--
not to replace--the United States' policy of annual 
certification of countries based on their performance in 
combating narcotics trafficking. This title will properly focus 
our Government's efforts against the specific individuals most 
responsible for trafficking in illegal narcotics by attacking 
their sources of income and undermining their efforts to 
launder the profits generated by drug-trafficking into 
legitimate business activities.
      The intention of this legislation is to strengthen the 
ability of United States law enforcement effectively to target 
international narcotics traffickers attaching the fabric of our 
society. The legislation is based on the successful application 
of the International Emergency Economic Powers Act (IEEPA) 
against Colombian narcotics traffickers. There is no intention 
that this legislation affect Americans who are not knowingly 
and willfully engaged in international narcotics trafficking. 
Nor is it intended in any way to derogate from existing 
constitutional and statutory due process protections for those 
whose assets are blocked or seized pursuant to law.

                           sec. 803. purpose

      The legal precedent for this title was the successful 
application of sanctions in 1995 and 1996 against the Cali 
Cartel narco-trafficking organization and its key leaders. 
Executive Order 12978, issued by the Clinton Administration in 
October 1995, had the effect of dismantling and defunding 
numerous business entities conclusively tied to the Cali 
Cartel. Relying on the authorities provided within the IEEPA, 
President Clinton found that the activities of several 
Specially Designated Narcotics Traffickers (SDNTs) constituted 
an unusual and extraordinary threat to the United States' 
national security, foreign policy, and economy. In a June 1998 
publication of the Treasury Department, the SDNT program was 
described as follows:

          Companies and individuals are identified as SDNTs and 
        placed on the SDNT list if they are determined, (a) to 
        play a significant role in international narcotics 
        trafficking centered in Colombia, (b) to materially 
        assist in or provide financial or technological support 
        for, or goods and services in support of, the narcotics 
        trafficking activities of persons designated in or 
        pursuant to the executive order, or (c) to be owned or 
        controlled by, or to act for or on behalf of, persons 
        designated in or pursuant to Executive Order 12978. The 
        objectives of the SDNT program are to identify, expose, 
        isolate and incapacitate the businesses and agents of 
        the Colombian cartels and to deny them access to the 
        U.S. financial system and to the benefits of trade and 
        transactions involving United States businesses and 
        individuals.

      Coordinated law enforcement efforts by the U.S. and 
Colombian Governments in support of these sanctions put the 
Cali Cartel kingpins out of business. This legislation is 
intended to follow up on the success of the Colombian SDNT 
precedent by applying similar U.S. Government authorities and 
resources against significant foreign narcotics traffickers 
around the globe--including, but not limited to, major 
narcotics traffickers and trafficking organizations based in 
Afghanistan, Bolivia, Burma, Colombia, Dominican Republic, 
Laos, Mexico, Pakistan, People's Republic of China, Peru, 
Russia, and Thailand.
      The bottom line objective of these provisions is to 
bankrupt and disrupt the major narcotics trafficking 
organizations. The targets of this legislation are not only the 
drug kingpins, but those involved in their illicit activities, 
such as: money laundering, acquiring chemical precursors to 
manufacture narcotics, manufacturing the drugs, transporting 
narcotics from the drug source countries to the United States, 
and managing the assets of these criminal enterprises.

   sec. 804. public identification of significant foreign narcotics 
                    traffickers and required reports

      This section requires the Secretary of the Treasury--in 
consultation with the Attorney General, the Director of Central 
Intelligence, the Secretary of Defense, and the Secretary of 
State--to provide the appropriate and necessary information to 
enable the President to prepare the congressionally-mandated 
classified and unclassified reports on significant foreign 
narcotics traffickers. The President then shall make the 
determination to formally designate any significant foreign 
narcotics traffickers on June 1, 2000 (and not later than June 
1st of each year thereafter) as constituting an unusual and 
extraordinary threat to the national security, foreign policy 
and the economy of the United States. On June 1, 2000 (and not 
later than June 1st of each year thereafter), the President 
shall submit an unclassified report to the Committees on 
Intelligence, International Relations, Judiciary, Armed 
Services, and Ways and Means of the House of Representatives, 
and the Committees on Intelligence, Foreign Relations, 
Judiciary, Armed Services, and Finance of the Senate for 
official review. This unclassified report shall: (1) identify 
publicly the foreign persons that the President determines are 
appropriate for sanctions pursuant to this title; and (b) 
detail publicly the President's intent to impose sanctions upon 
these significant foreign narcotics traffickers pursuant to 
this title. Individuals and entities linked to major narcotics 
trafficking groups may be added to or withdrawn from the 
kingpins' list by the President at any time during the year.
      The managers expect that the President will provide a 
classified report on July 1, 2000 (and not later than July 1st 
of each year thereafter) to the House Permanent Select 
Committee on Intelligence and the Senate Select Committee on 
Intelligence detailing the overall status of the program, 
including personnel and resources directed towards the program, 
and providing background information with respect to newly 
identified significant foreign narcotics traffickers and their 
activities. The managers intend that the executive branch shall 
provide a detailedbriefing after publication of the annual 
classified report with respect to its findings.
      If the Director of Central Intelligence or the Attorney 
General make a determination not to designate a foreign 
individual on the Global Kingpins list due to a possible 
compromise of intelligence or law enforcement sources and 
methods, the legislation requires that they shall notify the 
House and Senate Intelligence Committees delineating the basis 
of their determination. A formal notification of a 
determination not to designate shall be provided to the House 
and Senate Intelligence Committees not later than July 1, 2000, 
and on an annual basis thereafter.
      As a general matter, it is contemplated that the Director 
of Central Intelligence, the Attorney General, and the 
Secretary of the Treasury will determine to exclude the name of 
an individual from the Global Kingpins list only: (1) under 
circumstances where the mere appearance of the name on the list 
could compromise an intelligence source or method; (2) could 
reasonably be expected to disclose the identity of a 
confidential law enforcement source; (3) would disclose 
techniques and procedures for law enforcement prosecutions; (4) 
could reasonably be expected to endanger the life or physical 
safety of any individual; or (5) where there is an insufficient 
basis upon which to rely to support that individual's 
inclusion.
      A similar version of this legislation, offered in the 
House as the ``Drug Kingpins Bankruptcy Act of 1999,'' 
established a precedent for the future content and scope of the 
Global Kingpins list, by specifically identifying the first 
group of twelve of the world's most significant narco-
traffickers from Burma, the Caribbean Region, Colombia, Mexico 
and Thailand. The first proposed Global Kingpins/SDNT list was 
developed in consultation with the Drug Enforcement 
Administration, the Federal Bureau of Investigation, the State 
Department, the Treasury Department, and the Central 
Intelligence Agency's Crime and Narcotics Center.
      The managers also believe that the annual unclassified 
and classified reports to the Congress will serve as vital 
oversight tools by providing additional data for the annual 
drug certification process. The certification process requires 
the President to certify on March 1st of each year the level of 
cooperation that the United States Government is receiving from 
major drug producing and major transit nations. The action or 
lack of action by both the Administration and these nations on 
the ``majors list'' with respect to the drug kingpins will 
become a significant annual indicator of counterdrug 
cooperation.
      The managers note that the Colombian Kingpins/SDNT 
initiative under Executive Order 12978 in October 1995 was 
prepared within 6 months and was based upon information already 
collected on these kingpins and their operations. The managers 
recognize that the implementation of the Global Kingpins list 
will require significant additional resources and personnel 
from the intelligence and law enforcement communities. The 
managers urge that the Administration provide significant 
additional funding in the FY2001 Budget for the Treasury 
Department's Office of Foreign Assets Control (OFAC) to fully 
implement the Global Kingpins program in 2000 on a worldwide 
basis. As an interim measure, the managers recommend that the 
Treasury Department's Office of Foreign Assets Control receive 
analytical assistance and technical support from the Treasury 
Department's Office of Intelligence Support, the Justice 
Department's National Drug Intelligence Center, and the CIA's 
Crime and Narcotics Center.

         sec. 805. blocking assets and prohibiting transactions

      The effect of this provision will be to block all 
property and interests in property within the United States 
that are under the direct or indirect ownership or control of 
significant foreign narcotics traffickers. Second, it will 
block all assets of any foreign persons who materially assist, 
provide financial or technical support, or offer goods and 
services to such significant foreign narcotics traffickers. 
Third, it will block the assets of any foreign persons, who are 
determined by the United States Government as controlled by or 
acting on behalf of significant foreign narcotics traffickers. 
Fourth, it will block the assets of any foreign persons that 
the Secretary of the Treasury--in consultation with the 
Director of Central Intelligence, the Director of the Federal 
Bureau of Investigation, the Administrator of the Drug 
Enforcement Administration, the Secretary of State, and the 
Secretary of Defense--designates as playing a significant role 
in international narcotics trafficking.
      The sanctions that would take effect against the kingpins 
designated by the President, and their organizations and 
subordinates, would include the following:
      (a) All assets of the kingpins and their organizations 
and subordinates subject to United States jurisdiction would be 
blocked; other law enforcement tools such as seizure and 
forfeiture would be available if appropriate.
      (b) U.S. individuals and companies would be prohibited 
from engaging in unlicensed transactions, including any 
commercial or financial dealings, with any of the named 
kingpins and their organizations and subordinates.
      Following the Colombia IEEPA-SDNT precedent, the 
Secretary of the Treasury will have the authority to determine 
and list persons and entities deemed to be materially assisting 
in, providing financial or technological support for, or 
providing goods or services in support of the narcotics 
trafficking activities of significant foreign narcotics 
traffickers. In order to develop this second-level list of 
facilitating persons and entities, the Secretary of the 
Treasury will rely on information collected by the U.S. 
intelligence and law enforcement communities as well as on 
information provided by foreign government intelligence and law 
enforcement organizations. This information must pass through a 
rigorous interagency review process; the information must be 
material, factual and verifiable, and able to withstand 
scrutiny in a United States Federal Court. The success of the 
Colombia IEEPA-SDNT program has largely been the product of 
close U.S. cooperation with Colombian law enforcement and 
regulatory agencies. It is expected that global implementation 
of the kingpins list will promote closer U.S. cooperation with 
foreign law enforcement and regulatory agencies.
      As with the Colombia IEEPA-SDNT program, the Secretary of 
the Treasury will issue all necessary administrative 
regulations and specifications to implement the Kingpins 
program on a global basis. Notification of United States 
persons and entities linked to significant foreign narcotics 
traffickers will also follow the precedents established under 
the Colombia IEEPA-SDNT program. Due to threats made against 
the U.S. officials responsible for implementation of the 
Colombia SDNT program, records and information obtained or 
created in the preparation of the Global Kingpins/SDNT list as 
well as the specific details on the implementation of sanctions 
against significant foreign narcotics traffickers would be 
exempted from the Freedom of Information Act.
      All SDNT programs require that such designations pass an 
``arbitrary and capricious'' test; and all designations are 
based upon a non-criminal standard of ``reasonable cause to 
believe'' that the party is owned or controlled by, or acts, or 
purports to act, for or on behalf of the sanctioned non-state 
party. Furthermore, the Colombia IEEPA-SDNT executive order 
uses an additional designation basis for foreign firms or 
individuals that ``materially * * * assist in or provide 
financial or technological support for or goods or services in 
support of, the narcotics trafficking activities'' of the named 
drug kingpins or other, already designated SDNTs.
      In implementing the Colombia IEEPA-SDNT program, OFAC 
analysts identify and research foreign targets that can be 
linked by evidence to individuals or entities already 
designated pursuant to E.O. 12978. To establish sufficient 
linkage, OFAC initially relied upon a significant body of 
documentary evidence through criminal law enforcement raids and 
seizures. The President's involvement was required in the 
designation of the original four Cali cartel kingpins named in 
the annex to E.O. 12978. Additional kingpin listings in 
Colombia have been developed through close coordination between 
OFAC and the Department of Justice, and the preponderance of 
Colombian SDNTs have been designated as a product of OFAC's 
research and collection efforts.
      In the Colombia IEEPA-SDNT program, OFAC has reached 
designation determinations only after extensive reviews of the 
evidence internally and with the Department of Justice. E.O. 
12978 has required that the State and Justice Departments be 
consulted by the Treasury prior to a designation. As noted 
above, Justice is deeply involved in examining the sufficiency 
of the evidence that occurs before any parties are added to the 
list.
      OFAC regulations provide for post-designation review and 
remedies. The usual forum for considering removal of a 
designation (such as a change in circumstances or behavior) is 
one in which the named person or entity petitions OFAC for 
removal. Most petitioners initiate the review process simply by 
writing OFAC. Exchanges of correspondence, additional fact-
finding and meetings occur before OFAC decides whether there is 
a basis for removal. Although a number of persons have been 
removed through this means, only a very few persons or entities 
on the SDNT and other SDNT lists have ever petitioned for 
removal. Federal courts have held that no pre-deprivation 
hearing is required in blocking of assets because of the 
Executive Branch's plenary authority to act in the area of 
foreign policy and the obvious need to take immediate action 
upon designation to avoid dissipation of affected assets.

                         sec. 806. authorities

      This section generally restates the applicable provisions 
of the International Economic Emergency Powers Act.

                         sec. 807. enforcement

      This section generally restates the applicable provisions 
of the Trading with the Enemy Act.

                         sec. 808. definitions

      This section defines specific terms used in this title.

    sec. 809. exclusion of persons who have benefited from illicit 
                     activities of drug traffickers

      This section restates the applicable provisions of the 
Immigration and Nationality Act of 1952 as amended in 8 U.S.C. 
1182(a)(2)(c). Designation on this list will result in the 
denial of visas and inadmissibility of specially designated 
narcotics traffickers, their immediate families, and their 
business associates.

     sec. 810. judicial review commission on foreign asset control

      This section creates a commission to review the current 
judicial, regulatory, and administrative authorities under 
which the United States government blocks assets of foreign 
persons and to provide a detailed constitutional examination 
and evaluation of remedies available to United States persons 
affected by the blocking of assets of foreign persons. The 
commission is required to report back to Congress no later than 
one year after the date of enactment of this act on its 
findings, conclusions, and recommendations, if any, on the 
matters under their review. The managers believe that the 
public interest can best be served if the commission can reach 
consensus on its conclusions. The managers acknowledge, 
however, that consensus may not be able to be reached on the 
significant issues on which the commission will deliberate. To 
that end, therefore, the managers have provided that the report 
to be submitted to Congress at the end of the commission's 
review period shall include all additional or dissenting views, 
if any.
      Four of the commission members are to be appointed by the 
Chairmen and Ranking Democrats of the congressional 
intelligence committees. The fifth member of the Commission 
shall be appointed by the four members of the commission 
appointed by the intelligence committee Chairmen and Ranking 
Democrats. The commission shall also be provided the 
cooperation and assistance that it requests from any agency in 
the federal government.
      The managers are determined to ensure that the judicial, 
regulatory, and administrative remedies and procedures 
available to U.S. persons affected by the blocking of assets of 
foreign persons pass constitutional muster. As expected, the 
managers concern centers on the fundamental question of due 
process and whether that principle is affirmed and sustained in 
the execution of this legislation. The managers expect the 
members of the Commission to examine and report on at least the 
following constitutional and other issues:
            (1) whether reasonable protections of innocent U.S. 
        businesses are available under the regime currently in 
        place that is utilized to carry out the provisions of 
        the International Emergency Economic Powers Act 
        (``IEEPA'');
            (2) whether advance notice prior to blocking of 
        one's assets is required as a matter of constitutional 
        due process;
            (3) whether there are reasonable opportunities 
        under the current IEEPA regulatory regime and the 
        Administrative Procedures Act for an erroneous blocking 
        of assets or mistaken listing under IEEPA to be 
        remedied;
            (4) whether the level of proof that is required 
        under the current judicial, regulatory, or 
        administrative scheme is adequate to protect legitimate 
        business interests from irreparable financial harm;
            (5) whether there is constitutionally adequate 
        accessibility to the courts to challenge agency actions 
        under IEEPA, or the designation of persons or entities 
        under IEEPA;
            (6) whether there are remedial measures and 
        legislative amendments that should be enacted to 
        improve the current asset blocking scheme under IEEPA 
        or this title; and
            (7) whether the resources made available for the 
        Office of Foreign Assets Control (``OFAC'') at the 
        Department of Treasury in the fiscal year 2001 budget 
        submission are adequate to carry out the provisions of 
        this title or the other programs currently in effect 
        under IEEPA.

                        sec. 811. effective date

      This section establishes the effective date for this 
title.
                From the Permanent Select Committee on 
                Intelligence, for consideration of the Senate 
                amendment, and the House bill, and 
                modifications committed to conference:
                                   Porter Goss,
                                   Jerry Lewis,
                                   Bill McCollum,
                                   Michael N. Castle,
                                   Sherwood Boehlert,
                                   Charles F. Bass,
                                   Jim Gibbons,
                                   Ray LaHood,
                                   Heather Wilson,
                                   Julian C. Dixon,
                                   Nancy Pelosi,
                                   Sanford Bishop, Jr.,
                                   Norman Sisisky,
                                   Gary Condit.
                From the Committee on Armed Services, for 
                consideration of defense tactical intelligence 
                and related activities:
                                   Floyd Spence,
                                   Bob Stump,
                                   Robert E. Andrews,
                                 Managers on the Part of the House.

                From the Select Committee on Intelligence:
                                   Richard Shelby,
                                   Bob Kerrey,
                                   Richard G. Lugar,
                                   Mike DeWine,
                                   Jon Kyl,
                                   Jim Inhofe,
                                   Orrin Hatch,
                                   Pat Roberts,
                                   Wayne Allard,
                                   Richard H. Bryan,
                                   Bob Graham,
                                   John F. Kerry,
                                   Max Baucus,
                                   Chuck Robb,
                                   Frank R. Lautenberg.
                From the Committee on Armed Services:
                                   John Warner,
                                Managers on the Part of the Senate.