[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1555 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 119

106th CONGRESS

  1st Session

                               H. R. 1555

_______________________________________________________________________

                                 AN ACT

 To authorize appropriations for fiscal year 2000 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

_______________________________________________________________________

                 May 18 (legislative day, May 14), 1999

            Received; read twice and placed on the calendar
                                                       Calendar No. 119
106th CONGRESS
  1st Session
                                H. R. 1555


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 18 (legislative day, May 14), 1999

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
 To authorize appropriations for fiscal year 2000 for intelligence and 
 intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
       Retirement and Disability System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. 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. Sense of the Congress on intelligence community contracting.
Sec. 304. Report on effects of foreign espionage on United States trade 
                            secrets.
Sec. 305. Protection of identity of retired covert agents.
Sec. 306. Report on activities of the Central Intelligence Agency in 
                            Chile.
Sec. 307. Report on legal standards applied for electronic 
                            surveillance.
Sec. 308. Report on Kosova Liberation Army.
                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Two-year extension of CIA central services program.
         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Protection of operational files of the National Imagery and 
                            Mapping Agency.
     TITLE VI--PROHIBITION ON DRUG TRAFFICKING BY EMPLOYEES OF THE 
                         INTELLIGENCE COMMUNITY

Sec. 601. Prohibition on drug trafficking by employees of the 
                            intelligence community.

                    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 bill H.R. 1555 of the One 
Hundred Sixth Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
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 he 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 
$193,572,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for the 
Advanced Research and Development Committee shall remain available 
until September 30, 2001.
    (b) Authorized Personnel Levels.--The elements within the Community 
Management Account of the Director of Central Intelligence are 
authorized 348 full-time personnel as of September 30, 2000. Personnel 
serving in such elements may be permanent employees of the Community 
Management Staff 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 are 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 
        are hereby authorized such additional personnel for such 
        elements as of that date as are 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 a member of the 
Armed Forces who is detailed to the staff of 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 appropriated pursuant to the 
        authorization in subsection (a), the amount of $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 the activities of the 
        National Drug Intelligence 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 an emergency supplemental 
appropriation in a supplemental appropriations Act for fiscal year 1999 
that is enacted after May 1, 1999, 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 
those amounts deemed to have been specifically authorized by Congress 
in the Act referred to in subsection (a) is hereby ratified and 
confirmed.

 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. SENSE OF THE CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.

    It is the sense of the Congress that the Director of Central 
Intelligence should continue to direct that elements of the 
intelligence community, whenever compatible with the national security 
interests of the United States and consistent with operational and 
security concerns related to the conduct of intelligence activities, 
and where fiscally sound, should competitively award contracts in a 
manner that maximizes the procurement of products properly designated 
as having been made in the United States.

SEC. 304. REPORT ON EFFECTS OF FOREIGN ESPIONAGE ON UNITED STATES TRADE 
              SECRETS.

    By 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 study shall include 
an analysis of the effects of such espionage on the trade deficit of 
the United States and on the employment rate in the United States.

SEC. 305. 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) Imposition of Minimum Prison Sentences for Violations.--Section 
601 of the National Security Act of 1947 (50 U.S.C. 421) is amended--
            (1) in subsection (a), by striking ``shall be fined not 
        more than $50,000 or imprisoned not more than ten years, or 
        both.'' and inserting ``shall be imprisoned not less than five 
        years and not more than ten years and fined not more than 
        $50,000.''.
            (2) in subsection (b), by striking ``shall be fined not 
        more than $25,000 or imprisoned not more than five years, or 
        both.'' and inserting ``shall be imprisoned not less than 30 
        months and not more than five years and fined not more than 
        $25,000.''.
            (3) in subsection (c), by striking ``shall be fined not 
        more than $15,000 or imprisoned not more than three years, or 
        both.'' and inserting ``shall be imprisoned not less than 18 
        months and not more than three years and fined not more than 
        $15,000.''.

SEC. 306. REPORT ON ACTIVITIES OF THE CENTRAL INTELLIGENCE AGENCY IN 
              CHILE.

    (a) In General.--By not later than 120 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) Documentation.--The report submitted under subsection (a) shall 
include copies of unedited documents in the possession of any such 
element of the intelligence community with respect to such events.
    (c) 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. 307. 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 describing 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) Inclusion of Legal Memoranda and Opinions.--The report under 
subsection (a) shall include a copy of all legal memoranda, opinions, 
and other related documents in unclassified, and if necessary, 
classified form with respect to the conduct of signals intelligence 
activities, including electronic surveillance by elements of the 
intelligence community, utilized by the Office of the General Counsel 
of the National Security Agency, by the Office of General Counsel of 
the Central Intelligence Agency, or by the Office of Intelligence 
Policy Review of the Department of Justice, in preparation of the 
report.
    (d) Definition.--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 such 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. 308. 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 Kosova 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.--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.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. TWO-YEAR EXTENSION OF CIA CENTRAL SERVICES PROGRAM.

    Section 21(h)(1) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403u(h)(1)) is amended by striking out ``March 31, 2000.'' and 
inserting ``March 31, 2002.''.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL IMAGERY AND 
              MAPPING AGENCY.

    (a) In General.--Subchapter I of chapter 22 of title 10, United 
States Code, is amended by adding at the end the following new section:
``Sec. 446. Protection of operational files
    ``(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 (Freedom of Information Act), 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 of title 
        5, or section 552a of title 5, United States Code (Privacy Act 
        of 1974);
            ``(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.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter I of chapter 22 of title 10, United States Code, is amended 
by adding at the end the following new item:

``446. Protection of operational files.''.

     TITLE VI--PROHIBITION ON DRUG TRAFFICKING BY EMPLOYEES OF THE 
                         INTELLIGENCE COMMUNITY

SEC. 601. PROHIBITION ON DRUG TRAFFICKING BY EMPLOYEES OF THE 
              INTELLIGENCE COMMUNITY.

    (a) Purposes.--It is the purpose of this section--
            (1) to prohibit the Central Intelligence Agency and other 
        intelligence agencies and their employees and agents from 
        participating in drug trafficking activities, including the 
        manufacture, purchase, sale, transport, or distribution of 
        illegal drugs; conspiracy to traffic in illegal drugs; and 
        arrangements to transport illegal drugs; and
            (2) to require the employees and agents of the Central 
        Intelligence Agency and other intelligence agencies to report 
        known or suspected drug trafficking activities to the 
        appropriate authorities.
    (b) Prohibition on Drug Trafficking.--No element of the 
intelligence community, or any employee of such an element, may 
knowingly encourage or participate in drug trafficking activities.
    (c) Mandate to Report.--Any employee of an element of the 
intelligence community having knowledge of facts or circumstances that 
reasonably indicate that any employee of such an element is involved 
with any drug trafficking activities, or other violations of United 
States drug laws, shall report such knowledge or facts to the 
appropriate official.
    (d) Definitions.--As used in this section:
            (1) Drug trafficking activities.--
                    (A) In general.--The term ``drug trafficking 
                activities'' means the possession, distribution, 
                manufacture, cultivation, sale, transfer, or the 
                attempt or conspiracy to possess, distribute, 
                manufacture, cultivate, sell or transfer illegal drugs 
                (as those terms are applied under section 404(c) of the 
                Controlled Substances Act (21 U.S.C. 844(c)).
                    (B) Inclusions.--Such term includes arrangements to 
                allow the use of federally owned or leased vehicles, or 
                other means of transportation, for the transport of 
                illegal drugs.
            (2) Illegal drugs.--The term ``illegal drugs'' means 
        controlled substances (as that term is defined section 102(6) 
        of the Controlled Substances Act (21 U.S.C. 802(6)) included in 
        schedule I or II under part B of title II of such Act.
            (3) Employee.--The term ``employee'' means an individual 
        employed by an element of the intelligence community, and 
        includes the following individuals:
                    (A) Employees under a contract with such an 
                element.
                    (B) Covert agents, as that term is defined in 
                paragraph (4) of section 606 of the National Security 
                Act of 1947 (50 U.S.C. 426).
                    (C) An individual acting on behalf, or with the 
                approval, of an element of the intelligence community.
            (4) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term under paragraph (4) 
        of section 3 of the National Security Act of 1947 (50 U.S.C. 
        401a).
            (5) Appropriate official.--The term ``appropriate 
        official'' means the Attorney General, the Inspector General of 
        the element of the intelligence community (if any), or the head 
        of such element.

            Passed the House of Representatives May 13, 1999.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.