(c) EXCEPTION. Notwithstanding subsection (b), a State may, by statute, regulation, or rule of law enacted or adopted after the date of the enactment of this Act, require specific notices to be provided or made available in writing if such notices are necessary for the protection of the public health or safety of consumers. A consumer may not, pursuant to section 101(b)(2), consent to the provision or availability of such notice solely as an electronic record. SEC. 103. SPECIFIC EXCLUSIONS. (a) EXCEPTED REQUIREMENTS. The provisions of section 101 shall not apply to a contract, agreement, or record to the extent it is governed by (1) a statute, regulation, or other rule of law governing the creation and execution of wills, codicils, or testamentary trusts; (2) a statute, regulation, or other rule of law governing adoption, divorce, or other matters of family law; (3) the Uniform Commercial Code, as in effect in any State, other than sections 1-107 and 1-206 and Articles 2 and 2A; (4) any requirement by a Federal regulatory agency or self-regulatory organization that records be filed or maintained in a specified standard or standards (including a specified format or formats), except that nothing in this paragraph relieves any Federal regulatory agency of its obligations under the Government Paperwork Elimination (title XVII of Public Law 105–277); (5) the Uniform Anatomical Gift Act; or (6) the Uniform Health-Care Decisions Act. (b) ADDITIONAL EXCEPTIONS. The provisions of section 101 shall not apply to— (1) any contract, agreement, or record entered into between a party and a State agency if the State agency is not acting as a market participant in or affecting interstate commerce; (2) court orders or notices, or official court documents (including briefs, pleadings, and other writings) required to be executed in connection with court proceedings; or (3) any notice concerning— (A) the cancellation or termination of utility services (including water, heat, and power); (B) default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual; or (C) the cancellation or termination of health insurance or benefits or life insurance benefits (excluding annuities). SEC. 104. STUDY. (a) FOLLOWUP STUDY.-Within 5 years after the date of the enactment of this Act, the Secretary of Commerce, acting through the Assistant Secretary for Communications and Information, shall conduct an inquiry regarding any State statutes, regulations, or other rules of law enacted or adopted after such date of the enactment pursuant to section 102(a), and the extent to which such statutes, regulations, and rules comply with section 102(b). (b) REPORT.-The Secretary shall submit a report to the Congress regarding the results. of such inquiry by the conclusion of such 5year period. (c) ADDITIONAL STUDY OF DELIVERY.-Within 18 months after the date of the enactment of this Act, the Secretary of Commerce shall conduct an inquiry regarding the effectiveness of the delivery of electronic records to consumers using electronic mail as compared with delivery of written records via the United States Postal Service and private express mail services. The Secretary shall submit a report to the Congress regarding the results of such inquiry by the conclusion of such 18-month period. SEC. 105. DEFINITIONS. For purposes of this title: (1) ELECTRONIC RECORD.-The term "electronic record" means a writing, document, or other record created, stored, generated, received, or communicated by electronic means. (2) ELECTRONIC SIGNATURE.—The term "electronic signature" means information or data in electronic form, attached to or logically associated with an electronic record, and executed or adopted by a person or an electronic agent of a person, with the intent to sign a contract, agreement, or record. (3) ELECTRONIC.-The term "electronic" means of or relating to technology having electrical, digital, magnetic, optical, electromagnetic, or similar capabilities regardless of medium. (4) ELECTRONIC AGENT.-The term "electronic agent" means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records in whole or in part without review by an individual at the time of the action or response. (5) RECORD.-The term "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (6) FEDERAL REGULATORY AGENCY.-The term "Federal regulatory agency' means an agency, as that term is defined in section 552(f) of title 5, United States Code, that is authorized by Federal law to impose requirements by rule, regulation, order, or other legal instrument. (7) SELF-REGULATORY ORGANIZATION.-The term "self-regulatory organization" means an organization or entity that is not a Federal regulatory agency or a State, but that is under the supervision of a Federal regulatory agency and is authorized under Federal law to adopt and administer rules applicable to its members that are enforced by such organization or entity, by a Federal regulatory agency, or by another self-regulatory organization. TITLE II-DEVELOPMENT AND ADOPTION OF ELECTRONIC SIGNATURE PRODUCTS AND SERVICES SEC. 201. TREATMENT OF ELECTRONIC SIGNATURES IN INTERSTATE AND FOREIGN COMMERCE. (a) INQUIRY REGARDING IMPEDIMENTS COMMERCE. TO (1) INQUIRIES REQUIRED.-Within 180 days after the date of the enactment of this Act, and biennially thereafter, the Secretary of Commerce, acting through the Assistant Secretary for Communications and Information, shall complete an inquiry to (A) identify any domestic and foreign impediments to commerce in electronic signature products and services and the manners in which and extent to which such impediments inhibit the development of interstate and foreign commerce; (B) identify constraints imposed by foreign nations or international organizations that constitute barriers to providers of electronic signature products or services; and (C) identify the degree to which other nations and international organizations are complying with the principles in subsection (b)(2). (2) SUBMISSION.-The Secretary shall submit a report to the Congress regarding the results of each such inquiry within 90 days after the conclusion of such inquiry. Such report shall include a description of the actions taken by the Secretary pursuant to subsection (b) of this section. (b) PROMOTION OF ELECTRONIC SIGNA TURES. (1) REQUIRED ACTIONS.-The Secretary of Commerce, acting through the Assistant Secretary for Communications and Information, shall promote the acceptance and use, on an international basis, of electronic signatures in accordance with the principles specified in paragraph (2) and in a manner consistent with section 101 of this Act. The Secretary of Commerce shall take all actions necessary in a manner consistent with such principles to eliminate or reduce, to the maximum extent possible, the impediments to commerce in electronic signatures, including those identified in the inquiries under subsection (a) for the purpose of facilitating the development of interstate and foreign commerce. (2) PRINCIPLES.-The principles specified in this paragraph are the following: (A) Free markets and self-regulation, rather than Government standard-setting or rules, should govern the development and use of electronic records and electronic signatures. (B) Neutrality and nondiscrimination should be observed among providers of and technologies for electronic records and electronic signatures. (C) Parties to a transaction should be permitted to establish requirements regarding the use of electronic records and electronic signatures acceptable to such parties. (D) Parties to a transaction— (i) should be permitted to determine the appropriate authentication technologies and implementation models for their transactions, with assurance that those technologies and implementation models will be recognized and enforced; and (ii) should have the opportunity to prove in court or other proceedings that their authentication approaches and their transactions are valid. (E) Electronic records and electronic signatures in a form acceptable to the parties should not be denied legal effect, validity, or enforceability on the ground that they are not in writing. (F) De jure or de facto imposition of standards on private industry through foreign adoption of regulations or policies with respect to electronic records and electronic signatures should be avoided. (G) Paper-based obstacles to electronic transactions should be removed. (c) CONSULTATION.-In conducting the activities required by this section, the Secretary shall consult with users and providers of electronic signature products and services and other interested persons. (d) PRIVACY.—Nothing in this section shall be construed to require the Secretary or the Assistant Secretary to take any action that would adversely affect the privacy of con sumers. (e) DEFINITIONS.-As used in this section, the terms "electronic record" and "electronic signature" have the meanings provided in section 104 of the Electronic Signatures in Global and National Commerce Act. TITLE III-USE OF ELECTRONIC RECORDS AND SIGNATURES UNDER FEDERAL SECURITIES LAW SEC. 301. GENERAL VALIDITY OF ELECTRONIC RECORDS AND SIGNATURES. Section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c) is amended by adding at the end the following new subsection: "(h) REFERENCES TO WRITTEN RECORDS AND SIGNATURES. "(1) GENERAL VALIDITY OF ELECTRONIC RECORDS AND SIGNATURES.-Except as otherwise provided in this subsection— "(A) if a contract, agreement, or record (as defined in subsection (a)(37)) is required by the securities laws or any rule or regulation thereunder (including a rule or regulation of a self-regulatory organization), and is required by Federal or State statute, regulation, or other rule of law to be in writing, the legal effect, validity, or enforceability of such contract, agreement, or record shall not be denied on the ground that the contract, agreement, or record is not in writing if the contract, agreement, or record is an electronic record; "(B) if a contract, agreement, or record is required by the securities laws or any rule or regulation thereunder (including a rule or regulation of a self-regulatory organization), and is required by Federal or State statute, regulation, or other rule of law to be signed, the legal effect, validity, or enforceability of such contract, agreement, or record shall not be denied on the ground that such contract, agreement, or record is not signed or is not affirmed by a signature if the contract, agreement, or record is signed or affirmed by an electronic signature; and "(C) if a broker, dealer, transfer agent, investment adviser, or investment company enters into a contract or agreement with, or accepts a record from, a customer or other counterparty, such broker, dealer, transfer agent, investment adviser, or investment company may accept and rely upon an electronic signature on such contract, agreement, or record, and such electronic signature shall not be denied legal effect, validity, or enforceability because it is an electronic signature. "(2) IMPLEMENTATION.— "(A) REGULATIONS.-The Commission may prescribe such regulations as may be necessary to carry out this subsection consistent with the public interest and the protection of investors. "(B) NONDISCRIMINATION.-The regulations prescribed by the Commission under subparagraph (A) shall not "(i) discriminate in favor of or against a specific technology, method, or technique of creating, storing, generating, receiving, communicating, or authenticating electronic records or electronic signatures; or "(ii) discriminate in favor of or against a specific type or size of entity engaged in the business of facilitating the use of electronic records or electronic signatures. "(A) the Commission, an appropriate regulatory agency, or a self-regulatory organization may require that records be filed or maintained in a specified standard or standards (including a specified format or formats) if the records are required to be submitted to the Commission, an appropriate regulatory agency, or a self-regulatory organization, respectively, or are required by the Commission, an appropriate regulatory agency, or a self-regulatory organization to be retained; and "(B) the Commission may require that contracts, agreements, or records relating to purchases and sales, or establishing accounts for conducting purchases and sales, of penny stocks be manually signed, and may require such manual signatures with respect to transactions in similar securities if the Commission determines that such securities are susceptible to fraud and that such fraud would be deterred or prevented by requiring manual signatures. "(4) RELATION TO OTHER LAW. The provisions of this subsection apply in lieu of the provisions of title I of the Electronic Signatures in Global and National Commerce Act to a contract, agreement, or record (as defined in subsection (a)(37)) that is required by the securities laws. "(5) SAVINGS PROVISION.-Nothing in this subsection applies to any rule or regulation under the securities laws (including a rule or regulation of a self-regulatory organization) that is in effect on the date of the enactment of the Electronic Signatures in Global and National Commerce Act and that requires a contract, agreement, or record to be in writing, to be submitted or retained in original form, or to be in a specified standard or standards (including a specified format or formats). "(6) DEFINITIONS.-As used in this subsection: "(A) ELECTRONIC RECORD.-The term 'electronic record' means a writing, document, or other record created, stored, generated, received, or communicated by electronic means. "(B) ELECTRONIC SIGNATURE.-The term "electronic signature" means information or data in electronic form, attached to or logically associated with an electronic record, and executed or adopted by a person or an electronic agent of a person, with the intent to sign a contract, agreement, or record. "(C) ELECTRONIC.-The term 'electronic' means of or relating to technology having electrical, digital, magnetic, optical, electromagnetic, or similar capabilities regardless of medium.". The bill, as amended, was ordered to be engrossed and read a third time, was read a third time by title. The question being put, viva voce, Will the House pass said bill? The SPEAKER pro tempore, Mr. LAHOOD, announced that the yeas had it. Mr. LAFALCE demanded a recorded vote on passage of said bill, which demand was supported by one-fifth of a quorum, so a recorded vote was ordered. The SPEAKER pro tempore, Mr. LAHOOD, pursuant to clause 8, rule XX, announced that further proceedings on the motion were postponed. 1129.21 INTELLIGENCE AUTHORIZATION Mr. GOSS, pursuant to the foregoing order of the House, called up the following conference report (Rept. No. 106-457): 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. II-CENTRAL INTELLIGENCE AND TITLE AGENCY RETIREMENT ABILITY SYSTEM DIS 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 Vietnamera 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 Sec. 702. National Commission for the Review of the National Reconnaissance Office. Sec. 703. Duties of commission. Sec. 706. Compensation and travel expenses. Sec. 711. Funding. Sec. 712. Congressional intelligence committees defined. TITLE VIII-INTERNATIONAL NARCOTICS TRAFFICKING Sec. 801. Short title. Sec. 802. Findings and policy. Sec. 806. Authorities. 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 fulltime 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)). any (4) AUTHORITY.-Notwithstanding 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 pur suant 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. TERMINATION.-This "(d) 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 VIETNAMERA 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 VietWar 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 à 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 oper ations 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 procure ment 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 SEC. 501. PROTECTION OF OPERATIONAL FILES (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 |