[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3694 Enrolled Bill (ENR)]
H.R.3694
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
eight
An Act
To authorize appropriations for fiscal year 1999 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,

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(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 1999''.
(b) Table of Contents.--The table of contents for this Act is as
follow:

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TITLE I

-INTELLIGENCE ACTIVITIES

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TITLE III

-GENERAL PROVISIONS

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Agency as the George Bush Center for Intelligence.

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TITLE IV

-CENTRAL INTELLIGENCE AGENCY

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security for intelligence collection activities.
INVESTIGATIONS

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TITLE V

-DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

intelligence and international terrorism investigations.

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TITLE VI

-FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM

and international terrorism investigations.

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TITLE VII

-WHISTLEBLOWER PROTECTION FOR INTELLIGENCE COMMUNITY EMPLOYEES

Funds are hereby authorized to be appropriated for fiscal year 1999
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.

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(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, 1999, 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. 3694 of the 105th 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.

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(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 1999 under section 102 when
the Director of Central Intelligence determines that such action is
necessary to the performance of important intelligence functions,
except that the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed 2 percent of the number of civilian
personnel authorized under such section for such element.
(b) Notice to Intelligence Committees.--The Director of Central
Intelligence shall promptly notify the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate upon an exercise of the authority granted
by this section.

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(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Community Management Account of the Director of
Central Intelligence for fiscal year 1999 the sum of $129,123,000.
Within such amount, funds identified in the classified Schedule of
Authorizations referred to in section 102(a) for the Advanced Research
and Development Committee and the Advanced Technology Group shall
remain available until September 30, 2000.
(b) Authorized Personnel Levels.--The elements within the Community
Management Account of the Director of Central Intelligence are
authorized 283 full-time personnel as of September 30, 1999. 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 is also authorized to be appropriated for
the Community Management Account for fiscal year 1999 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, 2000.
(2) Authorization of personnel.--In addition to the personnel
authorized by subsection (b) for elements of the Community
Management Account as of September 30, 1999, there is 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
1999, any officer or employee of the United States or member of the
Armed Forces who is detailed to the staff of an element within the
Community Management Account from another element of the United States
Government shall be detailed on a reimbursable basis, except that any
such officer, employee, or member may be detailed on a nonreimbursable
basis for a period of less than 1 year for the performance of temporary
functions as required by the Director of Central Intelligence.
(e) National Drug Intelligence Center.--
(1) In 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,
2000, and funds provided for procurement purposes shall remain
available until September 30, 2001.
(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.
(f) Transfer Authority for Funds for Security Requirements at
Overseas Locations.--
(1) In general.--Of the amount appropriated pursuant to the
authorization in subsection (a), the Director of Central
Intelligence may transfer funds to departments or other agencies
for the sole purpose of supporting certain intelligence community
security requirements at overseas locations, as specified by the
Director.
(2) Limitation.--Amounts made available for departments or
agencies under paragraph (1) shall be--
(A) transferred to the specific appropriation;
(B) allocated to the specific account in the specific
amount, as determined by the Director;
(C) merged with funds in such account that are available
for architectural and engineering support expenses at overseas
locations; and
(D) available only for the same purposes, and subject to
the same terms and conditions, as the funds described in
subparagraph (C).

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FISCAL YEAR 1998.
(a) Authorization.--Amounts authorized to be appropriated for
fiscal year 1998 under section 101 of the Intelligence Authorization
Act for Fiscal Year 1998 (Public Law 105-107) 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 following:
(1) An emergency supplemental appropriation in title I of the
1998 Supplemental Appropriations and Rescissions Act (Public Law
105-174).
(2) An emergency supplemental appropriation in a supplemental
appropriations Act for fiscal year 1998 that is enacted after
September 28, 1998, 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)(1) and in the supplemental
appropriations Act referred to in subsection (a)(2) is hereby ratified
and confirmed.

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There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 1999 the sum of
$201,500,000.

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TITLE II

-CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

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.

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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.

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INTELLIGENCE ACTIVITIES.
Section 905 of the National Security Act of 1947 (50 U.S.C. 441d)
is amended by striking out ``January 6, 1999'' and inserting in lieu
thereof ``January 6, 2000''.

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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.

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(a) Assistance for Counterproliferation Studies.--The David L.
Boren National Security Education Act of 1991 (50 U.S.C. 1901 et seq.)
is amended as follows:
(1) Section 801 (50 U.S.C. 1901) is amended by inserting
``counterproliferation studies,'' after ``area studies,'' in
subsections (b)(7) and (c)(2).
(2) Section 802 (50 U.S.C. 1902) is amended--
(A) in subsection (a), by inserting ``counterproliferation
studies,'' after ``area studies,'' in paragraphs (1)(B)(i),
(1)(C), and (4); and
(B) in subsection (b)(2), by inserting
``counterproliferation study,'' after ``area study,'' in
subparagraphs (A)(ii) and (B)(ii).
(3) Section 803 (50 U.S.C. 1903) is amended by striking out
``and area'' in subsections (b)(8) and (d)(4) and inserting in lieu
thereof ``area, and counterproliferation''.
(4) Section 806(b)(1) (50 U.S.C. 1906(b)(1)) is amended by
striking out ``and area'' and inserting in lieu thereof ``area, and
counterproliferation''.
(b) Revision of Membership of National Security Education Board.--
Section 803(b)(6) of such Act (50 U.S.C. 1903(b)(6)) is amended to read
as follows:
``(6) The Secretary of Energy.''.

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PRODUCTS HAVING NATIONAL IMPORTANCE.
Section 102(g)(2) of the National Security Act of 1947 (50 U.S.C.
403(g)(2)) is amended--
(1) by redesignating subparagraphs (D) and (E) as subparagraphs
(E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) direct competitive analysis of analytical products having
National importance;''.

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(a) Additional Annual Reports from the Director of Central
Intelligence.--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:
``Additional Annual Reports from the Director of Central Intelligence
``Sec. 114. (a) Report on Intelligence Community Cooperation with
Federal Law Enforcement Agencies.--(1) Not later than December 31 of
each year, the Director of Central Intelligence shall submit to the
congressional intelligence committees and the congressional leadership
a report describing the nature and extent of cooperation and assistance
provided by the intelligence community to Federal law enforcement
agencies with respect to efforts to stop the illegal importation into
the United States of controlled substances (as that term is defined in
section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)) that
are included in schedule I or II under part B of such Act.
``(2) Each such report shall include a discussion of the following:
``(A) Illegal importation of such controlled substances through
transit zones such as the Caribbean Sea and across the Southwest
and northern borders of the United States.
``(B) Methodologies used for such illegal importation.
``(C) Additional routes used for such illegal importation.
``(D) Quantities of such controlled substances transported
through each route.
``(3) Each such report may be prepared in classified form,
unclassified form, or unclassified form with a classified annex.
``(b) Annual Report on the Safety and Security of Russian Nuclear
Facilities and Nuclear Military Forces.--(1) The Director of Central
Intelligence shall, on an annual basis, submit to the congressional
intelligence committees and the congressional leadership an
intelligence report assessing the safety and security of the nuclear
facilities and nuclear military forces in Russia.
``(2) Each such report shall include a discussion of the following:
``(A) The ability of the Government of Russia to maintain its
nuclear military forces.
``(B) The security arrangements at civilian and military
nuclear facilities in Russia.
``(C) The reliability of controls and safety systems at
civilian nuclear facilities in Russia.
``(D) The reliability of command and control systems and
procedures of the nuclear military forces in Russia.
``(3) Each such report shall be submitted in unclassified form, but
may contain a classified annex.
``(c) Definitions.--In this section:
``(1) The term `congressional intelligence committees' means
the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate.
``(2) The term `congressional leadership' means the Speaker and
the minority leader of the House of Representatives and the
majority leader and the minority leader of the Senate.''.
(b) Clerical Amendment.--The table of contents in the first section
of such Act is amended by inserting after the item relating to section
113 the following new item:
``Sec. 114. Additional annual reports from the Director of Central
Intelligence.''.
(c) Date for First Report on Cooperation With Civilian Law
Enforcement Agencies.--The first report under section 114(a) of the
National Security Act of 1947, as added by subsection (a), shall be
submitted not later than December 31, 1999.

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(a) Sense of Congress.--It is the sense of Congress--
(1) that the Director of Central Intelligence and the Secretary
of Defense should jointly complete, in 1999 and every 4 years
thereafter, a comprehensive review of United States intelligence
programs and activities, with each such review--
(A) to include assessments of intelligence policy,
resources, manpower, organization, and related matters; and
(B) to encompass the programs and activities funded under
the National Foreign Intelligence Program (NFIP), the Joint
Military Intelligence Program (JMIP), and the Tactical
Intelligence and Related Activities (TIARA) accounts;
(2) that the results of each review should be shared with the
appropriate committees of Congress and the congressional
leadership; and
(3) that the Director, in conjunction with the Secretary,
should establish a nonpartisan, independent panel (with members
chosen in consultation with the appropriate committees of Congress
and the congressional leadership from individuals in the private
sector) in order to--
(A) assess each review under paragraph (1);
(B) conduct an assessment of alternative intelligence
structures to meet the anticipated intelligence requirements
for the national security and foreign policy of the United
States through the year 2010; and
(C) make recommendations to the Director and the Secretary
regarding the optimal intelligence structure for the United
States in light of the assessment under subparagraph (B).
(b) Report.--(1) Not later than December 1, 1998, the Director of
Central Intelligence and the Secretary of Defense shall jointly submit
to the committees specified in paragraph (2) the views of the Director
and the Secretary regarding--
(A) the potential value of conducting quadrennial intelligence
reviews as described in subsection (a)(1); and
(B) the potential value of assessments of such reviews as
described in subsection (a)(3)(A).
(2) The committees referred to in paragraph (1) are the following:
(A) The Select Committee on Intelligence, the Committee on
Armed Services, and the Committee on Appropriations of the Senate.
(B) The Permanent Select Committee on Intelligence, the
Committee on National Security, and the Committee on Appropriations
of the House of Representatives.

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AGENCY AS THE GEORGE BUSH CENTER FOR INTELLIGENCE.
(a) Designation.--The headquarters compound of the Central
Intelligence Agency located in Langley, Virginia, shall be known and
designated as the ``George Bush Center for Intelligence''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the headquarters
compound referred to in subsection (a) shall be deemed to be a
reference to the ``George Bush Center for Intelligence''.

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MEMBERS.
Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403f(a)(4)) is amended by striking out ``and the protection of
Agency personnel and of defectors, their families,'' and inserting in
lieu thereof ``and the protection of current and former Agency
personnel and their immediate families, defectors and their immediate
families,''.

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ALLOWANCE.
(a) Authorization.--The Director of Central Intelligence may make
payments with respect to the period beginning on January 30, 1998, and
ending on April 7, 1998, of the special pay allowance described in the
Central Intelligence Agency notice dated April 7, 1998 (notwithstanding
the otherwise applicable effective date for such payments of April 7,
1998).
(b) Funds Available.--Payments authorized by subsection (a) may be
made from amounts appropriated for the Central Intelligence Agency for
fiscal year 1998 or for fiscal year 1999.

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(a) Central Intelligence Agency Act of 1949.--The Central
Intelligence Agency Act of 1949 is amended as follows:
(1) Section 5(a)(1) (50 U.S.C. 403f(a)(1)) is amended--
(A) by striking out ``subparagraphs (B) and (C) of section
102(a)(2)'' and inserting in lieu thereof ``paragraphs (2) and
(3) of section 102(a)'';
(B) by striking out ``(c)(5)'' and inserting in lieu
thereof ``(c)(6)'';
(C) by inserting ``(3),'' after ``403(a)(2),'';
(D) by inserting ``(c)(6), (d)'' after ``403-3''; and
(E) by inserting ``(a), (g)'' after ``403-4''.
(2) Section 6 (50 U.S.C. 403g) is amended by striking out
``(c)(5)'' each place it appears and inserting in lieu thereof
``(c)(6)''.
(b) Central Intelligence Agency Retirement Act.--Section 201(c) of
the Central Intelligence Agency Retirement Act (50 U.S.C. 2011(c)) is
amended by striking out ``section 103(c)(5) of the National Security
Act of 1947 (50 U.S.C. 403-3(c)(5))'' and inserting in lieu thereof
``paragraph (6) of section 103(c) of the National Security Act of 1947
(50 U.S.C. 403-3(c))''.

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SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES.
Section 431(a) of title 10, United States Code, is amended by
striking out ``December 31, 1998'' and inserting in lieu thereof
``December 31, 2000''.
INVESTIGATIONS

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INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended--
(1) by redesignating title IV as title VI and section 401 as
section 601, respectively; and
(2) by inserting after title III the following new title:
``TITLE IV--PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN
INTELLIGENCE PURPOSES
``definitions
``Sec. 401. As used in this title:
``(1) The terms `foreign power', `agent of a foreign power',
`international terrorism', `foreign intelligence information',
`Attorney General', `United States person', `United States',
`person', and `State' shall have the same meanings as in section
101 of this Act.
``(2) The terms `pen register' and `trap and trace device' have
the meanings given such terms in section 3127 of title 18, United
States Code.
``(3) The term `aggrieved person' means any person--
``(A) whose telephone line was subject to the installation
or use of a pen register or trap and trace device authorized by
this title; or
``(B) whose communication instrument or device was subject
to the use of a pen register or trap and trace device
authorized by this title to capture incoming electronic or
other communications impulses.
``pen registers and trap and trace devices for foreign intelligence
and international terrorism investigations
``Sec. 402. (a)(1) Notwithstanding any other provision of law, the
Attorney General or a designated attorney for the Government may make
an application for an order or an extension of an order authorizing or
approving the installation and use of a pen register or trap and trace
device for any investigation to gather foreign intelligence information
or information concerning international terrorism which is being
conducted by the Federal Bureau of Investigation under such guidelines
as the Attorney General approves pursuant to Executive Order No. 12333,
or a successor order.
``(2) The authority under paragraph (1) is in addition to the
authority under title I of this Act to conduct the electronic
surveillance referred to in that paragraph.
``(b) Each application under this section shall be in writing under
oath or affirmation to--
``(1) a judge of the court established by section 103(a) of
this Act; or
``(2) a United States Magistrate Judge under chapter 43 of
title 28, United States Code, who is publicly designated by the
Chief Justice of the United States to have the power to hear
applications for and grant orders approving the installation and
use of a pen register or trap and trace device on behalf of a judge
of that court.
``(c) Each application under this section shall require the
approval of the Attorney General, or a designated attorney for the
Government, and shall include--
``(1) the identity of the Federal officer seeking to use the
pen register or trap and trace device covered by the application;
``(2) a certification by the applicant that the information
likely to be obtained is relevant to an ongoing foreign
intelligence or international terrorism investigation being
conducted by the Federal Bureau of Investigation under guidelines
approved by the Attorney General; and
``(3) information which demonstrates that there is reason to
believe that the telephone line to which the pen register or trap
and trace device is to be attached, or the communication instrument
or device to be covered by the pen register or trap and trace
device, has been or is about to be used in communication with--
``(A) an individual who is engaging or has engaged in
international terrorism or clandestine intelligence activities
that involve or may involve a violation of the criminal laws of
the United States; or
``(B) a foreign power or agent of a foreign power under
circumstances giving reason to believe that the communication
concerns or concerned international terrorism or clandestine
intelligence activities that involve or may involve a violation
of the criminal laws of the United States.
``(d)(1) Upon an application made pursuant to this section, the
judge shall enter an ex parte order as requested, or as modified,
approving the installation and use of a pen register or trap and trace
device if the judge finds that the application satisfies the
requirements of this section.
``(2) An order issued under this section--
``(A) shall specify--
``(i) the identity, if known, of the person who is the
subject of the foreign intelligence or international terrorism
investigation;
``(ii) in the case of an application for the installation
and use of a pen register or trap and trace device with respect
to a telephone line--
``(I) the identity, if known, of the person to whom is
leased or in whose name the telephone line is listed; and
``(II) the number and, if known, physical location of
the telephone line; and
``(iii) in the case of an application for the use of a pen
register or trap and trace device with respect to a
communication instrument or device not covered by clause (ii)--
``(I) the identity, if known, of the person who owns or
leases the instrument or device or in whose name the
instrument or device is listed; and
``(II) the number of the instrument or device; and
``(B) shall direct that--
``(i) upon request of the applicant, the provider of a wire
or electronic communication service, landlord, custodian, or
other person shall furnish any information, facilities, or
technical assistance necessary to accomplish the installation
and operation of the pen register or trap and trace device in
such a manner as will protect its secrecy and produce a minimum
amount of interference with the services that such provider,
landlord, custodian, or other person is providing the person
concerned;
``(ii) such provider, landlord, custodian, or other
person--
``(I) shall not disclose the existence of the
investigation or of the pen register or trap and trace
device to any person unless or until ordered by the court;
and
``(II) shall maintain, under security procedures
approved by the Attorney General and the Director of
Central Intelligence pursuant to section 105(b)(2)(C) of
this Act, any records concerning the pen register or trap
and trace device or the aid furnished; and
``(iii) the applicant shall compensate such provider,
landlord, custodian, or other person for reasonable expenses
incurred by such provider, landlord, custodian, or other person
in providing such information, facilities, or technical
assistance.
``(e) An order issued under this section shall authorize the
installation and use of a pen register or trap and trace device for a
period not to exceed 90 days. Extensions of such an order may be
granted, but only upon an application for an order under this section
and upon the judicial finding required by subsection (d). The period of
extension shall be for a period not to exceed 90 days.
``(f) No cause of action shall lie in any court against any
provider of a wire or electronic communication service, landlord,
custodian, or other person (including any officer, employee, agent, or
other specified person thereof) that furnishes any information,
facilities, or technical assistance under subsection (d) in accordance
with the terms of a court under this section.
``(g) Unless otherwise ordered by the judge, the results of a pen
register or trap and trace device shall be furnished at reasonable
intervals during regular business hours for the duration of the order
to the authorized Government official or officials.
``authorization during emergencies
``Sec. 403. (a) Notwithstanding any other provision of this title,
when the Attorney General makes a determination described in subsection
(b), the Attorney General may authorize the installation and use of a
pen register or trap and trace device on an emergency basis to gather
foreign intelligence information or information concerning
international terrorism if--
``(1) a judge referred to in section 402(b) of this Act is
informed by the Attorney General or his designee at the time of
such authorization that the decision has been made to install and
use the pen register or trap and trace device, as the case may be,
on an emergency basis; and
``(2) an application in accordance with section 402 of this Act
is made to such judge as soon as practicable, but not more than 48
hours, after the Attorney General authorizes the installation and
use of the pen register or trap and trace device, as the case may
be, under this section.
``(b) A determination under this subsection is a reasonable
determination by the Attorney General that--
``(1) an emergency requires the installation and use of a pen
register or trap and trace device to obtain foreign intelligence
information or information concerning international terrorism
before an order authorizing the installation and use of the pen
register or trap and trace device, as the case may be, can with due
diligence be obtained under section 402 of this Act; and
``(2) the factual basis for issuance of an order under such
section 402 to approve the installation and use of the pen register
or trap and trace device, as the case may be, exists.
``(c)(1) In the absence of an order applied for under subsection
(a)(2) approving the installation and use of a pen register or trap and
trace device authorized under this section, the installation and use of
the pen register or trap and trace device, as the case may be, shall
terminate at the earlier of--
``(A) when the information sought is obtained;
``(B) when the application for the order is denied under
section 402 of this Act; or
``(C) 48 hours after the time of the authorization by the
Attorney General.
``(2) In the event that an application for an order applied for
under subsection (a)(2) is denied, or in any other case where the
installation and use of a pen register or trap and trace device under
this section is terminated and no order under section 402 of this Act
is issued approving the installation and use of the pen register or
trap and trace device, as the case may be, no information obtained or
evidence derived from the use of the pen register or trap and trace
device, as the case may be, shall be received in evidence or otherwise
disclosed in any trial, hearing, or other proceeding in or before any
court, grand jury, department, office, agency, regulatory body,
legislative committee, or other authority of the United States, a
State, or political subdivision thereof, and no information concerning
any United States person acquired from the use of the pen register or
trap and trace device, as the case may be, shall subsequently be used
or disclosed in any other manner by Federal officers or employees
without the consent of such person, except with the approval of the
Attorney General if the information indicates a threat of death or
serious bodily harm to any person.
``authorization during time of war
``Sec. 404. Notwithstanding any other provision of law, the
President, through the Attorney General, may authorize the use of a pen
register or trap and trace device without a court order under this
title to acquire foreign intelligence information for a period not to
exceed 15 calendar days following a declaration of war by Congress.
``use of information
``Sec. 405. (a)(1) Information acquired from the use of a pen
register or trap and trace device installed pursuant to this title
concerning any United States person may be used and disclosed by
Federal officers and employees without the consent of the United States
person only in accordance with the provisions of this section.
``(2) No information acquired from a pen register or trap and trace
device installed and used pursuant to this title may be used or
disclosed by Federal officers or employees except for lawful purposes.
``(b) No information acquired pursuant to this title shall be
disclosed for law enforcement purposes unless such disclosure is
accompanied by a statement that such information, or any information
derived therefrom, may only be used in a criminal proceeding with the
advance authorization of the Attorney General.
``(c) Whenever the United States intends to enter into evidence or
otherwise use or disclose in any trial, hearing, or other proceeding in
or before any court, department, officer, agency, regulatory body, or
other authority of the United States against an aggrieved person any
information obtained or derived from the use of a pen register or trap
and trace device pursuant to this title, the United States shall,
before the trial, hearing, or the other proceeding or at a reasonable
time before an effort to so disclose or so use that information or
submit it in evidence, notify the aggrieved person and the court or
other authority in which the information is to be disclosed or used
that the United States intends to so disclose or so use such
information.
``(d) Whenever any State or political subdivision thereof intends
to enter into evidence or otherwise use or disclose in any trial,
hearing, or other proceeding in or before any court, department,
officer, agency, regulatory body, or other authority of the State or
political subdivision thereof against an aggrieved person any
information obtained or derived from the use of a pen register or trap
and trace device pursuant to this title, the State or political
subdivision thereof shall notify the aggrieved person, the court or
other authority in which the information is to be disclosed or used,
and the Attorney General that the State or political subdivision
thereof intends to so disclose or so use such information.
``(e)(1) Any aggrieved person against whom evidence obtained or
derived from the use of a pen register or trap and trace device is to
be, or has been, introduced or otherwise used or disclosed in any
trial, hearing, or other proceeding in or before any court, department,
officer, agency, regulatory body, or other authority of the United
States, or a State or political subdivision thereof, may move to
suppress the evidence obtained or derived from the use of the pen
register or trap and trace device, as the case may be, on the grounds
that--
``(A) the information was unlawfully acquired; or
``(B) the use of the pen register or trap and trace device, as
the case may be, was not made in conformity with an order of
authorization or approval under this title.
``(2) A motion under paragraph (1) shall be made before the trial,
hearing, or other proceeding unless there was no opportunity to make
such a motion or the aggrieved person concerned was not aware of the
grounds of the motion.
``(f)(1) Whenever a court or other authority is notified pursuant
to subsection (c) or (d), whenever a motion is made pursuant to
subsection (e), or whenever any motion or request is made by an
aggrieved person pursuant to any other statute or rule of the United
States or any State before any court or other authority of the United
States or any State to discover or obtain applications or orders or
other materials relating to the use of a pen register or trap and trace
device authorized by this title or to discover, obtain, or suppress
evidence or information obtained or derived from the use of a pen
register or trap and trace device authorized by this title, the United
States district court or, where the motion is made before another
authority, the United States district court in the same district as the
authority shall, notwithstanding any other provision of law and if the
Attorney General files an affidavit under oath that disclosure or any
adversary hearing would harm the national security of the United
States, review in camera and ex parte the application, order, and such
other materials relating to the use of the pen register or trap and
trace device, as the case may be, as may be necessary to determine
whether the use of the pen register or trap and trace device, as the
case may be, was lawfully authorized and conducted.
``(2) In making a determination under paragraph (1), the court may
disclose to the aggrieved person, under appropriate security procedures
and protective orders, portions of the application, order, or other
materials relating to the use of the pen register or trap and trace
device, as the case may be, or may require the Attorney General to
provide to the aggrieved person a summary of such materials, only where
such disclosure is necessary to make an accurate determination of the
legality of the use of the pen register or trap and trace device, as
the case may be.
``(g)(1) If the United States district court determines pursuant to
subsection (f) that the use of a pen register or trap and trace device
was not lawfully authorized or conducted, the court may, in accordance
with the requirements of law, suppress the evidence which was
unlawfully obtained or derived from the use of the pen register or trap
and trace device, as the case may be, or otherwise grant the motion of
the aggrieved person.
``(2) If the court determines that the use of the pen register or
trap and trace device, as the case may be, was lawfully authorized or
conducted, it may deny the motion of the aggrieved person except to the
extent that due process requires discovery or disclosure.
``(h) Orders granting motions or requests under subsection (g),
decisions under this section that the use of a pen register or trap and
trace device was not lawfully authorized or conducted, and orders of
the United States district court requiring review or granting
disclosure of applications, orders, or other materials relating to the
installation and use of a pen register or trap and trace device shall
be final orders and binding upon all courts of the United States and
the several States except a United States Court of Appeals or the
Supreme Court.
``congressional oversight
``Sec. 406. (a) On a semiannual basis, the Attorney General shall
fully inform the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of
the Senate concerning all uses of pen registers and trap and trace
devices pursuant to this title.
``(b) On a semiannual basis, the Attorney General shall also
provide to the committees referred to in subsection (a) and to the
Committees on the Judiciary of the House of Representatives and the
Senate a report setting forth with respect to the preceding 6-month
period--
``(1) the total number of applications made for orders
approving the use of pen registers or trap and trace devices under
this title; and
``(2) the total number of such orders either granted, modified,
or denied.''.

b788431d29329af5a70a5924824401140559a242833e6feec053ed5abeeef212

AND INTERNATIONAL TERRORISM INVESTIGATIONS.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.), as amended by section 601 of this Act, is further amended by
inserting after title IV, as added by such section 601, the following
new title:
``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
``definitions
``Sec. 501. As used in this title:
``(1) The terms `foreign power', `agent of a foreign power',
`foreign intelligence information', `international terrorism', and
`Attorney General' shall have the same meanings as in section 101
of this Act.
``(2) The term `common carrier' means any person or entity
transporting people or property by land, rail, water, or air for
compensation.
``(3) The term `physical storage facility' means any business
or entity that provides space for the storage of goods or
materials, or services related to the storage of goods or
materials, to the public or any segment thereof.
``(4) The term `public accommodation facility' means any inn,
hotel, motel, or other establishment that provides lodging to
transient guests.
``(5) The term `vehicle rental facility' means any person or
entity that provides vehicles for rent, lease, loan, or other
similar use to the public or any segment thereof.
``access to certain business records for foreign intelligence and
international terrorism investigations
``Sec. 502. (a) The Director of the Federal Bureau of Investigation
or a designee of the Director (whose rank shall be no lower than
Assistant Special Agent in Charge) may make an application for an order
authorizing a common carrier, public accommodation facility, physical
storage facility, or vehicle rental facility to release records in its
possession for an investigation to gather foreign intelligence
information or an investigation concerning international terrorism
which investigation is being conducted by the Federal Bureau of
Investigation under such guidelines as the Attorney General approves
pursuant to Executive Order No. 12333, or a successor order.
``(b) Each application under this section--
``(1) shall be made to--
``(A) a judge of the court established by section 103(a) of
this Act; or
``(B) a United States Magistrate Judge under chapter 43 of
title 28, United States Code, who is publicly designated by the
Chief Justice of the United States to have the power to hear
applications and grant orders for the release of records under
this section on behalf of a judge of that court; and
``(2) shall specify that--
``(A) the records concerned are sought for an investigation
described in subsection (a); and
``(B) there are specific and articulable facts giving
reason to believe that the person to whom the records pertain
is a foreign power or an agent of a foreign power.
``(c)(1) Upon application made pursuant to this section, the judge
shall enter an ex parte order as requested, or as modified, approving
the release of records if the judge finds that the application
satisfies the requirements of this section.
``(2) An order under this subsection shall not disclose that it is
issued for purposes of an investigation described in sub- section (a).
``(d)(1) Any common carrier, public accommodation facility,
physical storage facility, or vehicle rental facility shall comply with
an order under subsection (c).
``(2) No common carrier, public accommodation facility, physical
storage facility, or vehicle rental facility, or officer, employee, or
agent thereof, shall disclose to any person (other than those officers,
agents, or employees of such common carrier, public accommodation
facility, physical storage facility, or vehicle rental facility
necessary to fulfill the requirement to disclose information to the
Federal Bureau of Investigation under this section) that the Federal
Bureau of Investigation has sought or obtained records pursuant to an
order under this section.
``congressional oversight
``Sec. 503. (a) On a semiannual basis, the Attorney General shall
fully inform the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of
the Senate concerning all requests for records under this title.
``(b) On a semiannual basis, the Attorney General shall provide to
the Committees on the Judiciary of the House of Representatives and the
Senate a report setting forth with respect to the preceding 6-month
period--
``(1) the total number of applications made for orders
approving requests for records under this title; and
``(2) the total number of such orders either granted, modified,
or denied.''.

c9aa64fb55663bb0efde29fda14329bc76adadf407058e91bd3ebe02828996b5

(a) Conforming Amendment.--Section 601 of the Foreign Intelligence
Surveillance Act of 1978, as redesignated by section 601(1) of this
Act, is amended by striking out ``other than title III'' and inserting
in lieu thereof ``other than titles III, IV, and V''.
(b) Clerical Amendment.--The table of contents at the beginning of
the Foreign Intelligence Surveillance Act of 1978 is amended by
striking out the items relating to title IV and section 401 and
inserting in lieu thereof the following:
``TITLE IV--PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN
INTELLIGENCE PURPOSES
``401. Definitions.
``402. Pen registers and trap and trace devices for foreign intelligence
and international terrorism investigations.
``403. Authorization during emergencies.
``404. Authorization during time of war.
``405. Use of information.
``406. Congressional oversight.
``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
``501. Definitions.
``502. Access to certain business records for foreign intelligence and
international terrorism investigations.
``503. Congressional oversight.
``TITLE VI--EFFECTIVE DATE
``601. Effective date.''.

6b6fbdbcea69aceb7b0acc23ded6e3eb6cfa70d4a051b92fee954b8fbb6c5036

(a) In General.--Section 2518(11)(b) of title 18, United States
Code, is amended--
(1) in clause (ii), by striking ``of a purpose'' and all that
follows through the end of such clause and inserting ``that there
is probable cause to believe that the person's actions could have
the effect of thwarting interception from a specified facility;'';
(2) in clause (iii), by striking ``such purpose'' and all that
follows through the end of such clause and inserting ``such showing
has been adequately made; and''; and
(3) by adding at the end the following clause:
``(iv) the order authorizing or approving the interception
is limited to interception only for such time as it is
reasonable to presume that the person identified in the
application is or was reasonably proximate to the instrument
through which such communication will be or was transmitted.''.
(b) Conforming Amendments.--Section 2518(12) of title 18, United
States Code, is amended--
(1) by inserting ``(a)'' after ``by reason of subsection
(11)'';
(2) by striking ``the facilities from which, or''; and
(3) by striking the comma following ``where''.

cb0f0a9eeabceca00445834b4e175cfb819fbd40d995a4c5c1fb814054c7a9c8

Section 524(d)(1) of title 28, United States Code, is amended by
inserting ``or services'' after ``property''.
EMPLOYEES REPORTING URGENT CONCERNS TO CONGRESS

ad45d97668bc4c6a222a5a8570b246b8a0c1e3b06c69cb080f7aa19732567420

(a) Short Title.--This title may be cited as the ``Intelligence
Community Whistleblower Protection Act of 1998''.
(b) Findings.--The Congress finds that--
(1) national security is a shared responsibility, requiring
joint efforts and mutual respect by Congress and the President;
(2) the principles of comity between the branches of Government
apply to the handling of national security information;
(3) Congress, as a co-equal branch of Government, is empowered
by the Constitution to serve as a check on the executive branch; in
that capacity, it has a ``need to know'' of allegations of
wrongdoing within the executive branch, including allegations of
wrongdoing in the Intelligence Community;
(4) no basis in law exists for requiring prior authorization of
disclosures to the intelligence committees of Congress by employees
of the executive branch of classified information about wrongdoing
within the Intelligence Community;
(5) the risk of reprisal perceived by employees and contractors
of the Intelligence Community for reporting serious or flagrant
problems to Congress may have impaired the flow of information
needed by the intelligence committees to carry out oversight
responsibilities; and
(6) to encourage such reporting, an additional procedure should
be established that provides a means for such employees and
contractors to report to Congress while safeguarding the classified
information involved in such reporting.

fda2ed39d6ba47a1b814f0e22e6af8e5ee0a8ef59f746bc0d3f11f60898eabcb

-WHISTLEBLOWER PROTECTION FOR INTELLIGENCE COMMUNITY

URGENT CONCERNS TO CONGRESS.
(a) Inspector General of the Central Intelligence Agency.--
(1) In general.--Subsection (d) of section 17 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403q) is amended by
adding at the end the following new paragraph:
``(5)(A) An employee of the Agency, or of a contractor to the
Agency, who intends to report to Congress a complaint or information
with respect to an urgent concern may report such complaint or
information to the Inspector General.
``(B) Not later than the end of the 14-calendar day period
beginning on the date of receipt from an employee of a complaint or
information under subparagraph (A), the Inspector General shall
determine whether the complaint or information appears credible. If the
Inspector General determines that the complaint or information appears
credible, the Inspector General shall, before the end of such period,
transmit the complaint or information to the Director.
``(C) Upon receipt of a transmittal from the Inspector General
under subparagraph (B), the Director shall, within 7 calendar days of
such receipt, forward such transmittal to the intelligence committees,
together with any comments the Director considers appropriate.
``(D)(i) If the Inspector General does not transmit, or does not
transmit in an accurate form, the complaint or information described in
subparagraph (B), the employee (subject to clause (ii)) may submit the
complaint or information to Congress by contacting either or both of
the intelligence committees directly.
``(ii) The employee may contact the intelligence committees
directly as described in clause (i) only if the employee--
``(I) before making such a contact, furnishes to the Director,
through the Inspector General, a statement of the employee's
complaint or information and notice of the employee's intent to
contact the intelligence committees directly; and
``(II) obtains and follows from the Director, through the
Inspector General, direction on how to contact the intelligence
committees in accordance with appropriate security practices.
``(iii) A member or employee of one of the intelligence committees
who receives a complaint or information under clause (i) does so in
that member or employee's official capacity as a member or employee of
that committee.
``(E) The Inspector General shall notify an employee who reports a
complaint or information to the Inspector General under this paragraph
of each action taken under this paragraph with respect to the complaint
or information. Such notice shall be provided not later than 3 days
after any such action is taken.
``(F) An action taken by the Director or the Inspector General
under this paragraph shall not be subject to judicial review.
``(G) In this paragraph:
``(i) The term `urgent concern' means any of the following:
``(I) A serious or flagrant problem, abuse, violation of
law or Executive order, or deficiency relating to the funding,
administration, or operations of an intelligence activity
involving classified information, but does not include
differences of opinions concerning public policy matters.
``(II) A false statement to Congress, or a willful
withholding from Congress, on an issue of material fact
relating to the funding, administration, or operation of an
intelligence activity.
``(III) An action, including a personnel action described
in section 2302(a)(2)(A) of title 5, United States Code,
constituting reprisal or threat of reprisal prohibited under
subsection (e)(3)(B) in response to an employee's reporting an
urgent concern in accordance with this paragraph.
``(ii) The term `intelligence committees' means the Permanent
Select Committee on Intelligence of the House of Representatives
and the Select Committee on Intelligence of the Senate.''.
(2) Clerical amendment.--The heading to subsection (d) of such
section is amended by inserting ``; Reports to Congress on Urgent
Concerns'' before the period.
(b) Additional Provisions With Respect to Inspectors General of the
Intelligence Community.--
(1) In general.--The Inspector General Act of 1978 (5 U.S.C.
App.) is amended by redesignating section 8H as section 8I and by
inserting after section 8G the following new section:
``Sec. 8H. (a)(1)(A) An employee of the Defense Intelligence
Agency, the National Imagery and Mapping Agency, the National
Reconnaissance Office, or the National Security Agency, or of a
contractor of any of those Agencies, who intends to report to Congress
a complaint or information with respect to an urgent concern may report
the complaint or information to the Inspector General of the Department
of Defense (or designee).
``(B) An employee of the Federal Bureau of Investigation, or of a
contractor of the Bureau, who intends to report to Congress a complaint
or information with respect to an urgent concern may report the
complaint or information to the Inspector General of the Department of
Justice (or designee).
``(C) Any other employee of, or contractor to, an executive agency,
or element or unit thereof, determined by the President under section
2302(a)(2)(C)(ii) of title 5, United States Code, to have as its
principal function the conduct of foreign intelligence or
counterintelligence activities, who intends to report to Congress a
complaint or information with respect to an urgent concern may report
the complaint or information to the appropriate Inspector General (or
designee) under this Act or section 17 of the Central Intelligence
Agency Act of 1949.
``(2) If a designee of an Inspector General under this section
receives a complaint or information of an employee with respect to an
urgent concern, that designee shall report the complaint or information
to the Inspector General within 7 calendar days of receipt.
``(b) Not later than the end of the 14-calendar day period
beginning on the date of receipt of an employee complaint or
information under subsection (a), the Inspector General shall determine
whether the complaint or information appears credible. If the Inspector
General determines that the complaint or information appears credible,
the Inspector General shall, before the end of such period, transmit
the complaint or information to the head of the establishment.
``(c) Upon receipt of a transmittal from the Inspector General
under subsection (b), the head of the establishment shall, within 7
calendar days of such receipt, forward such transmittal to the
intelligence committees, together with any comments the head of the
establishment considers appropriate.
``(d)(1) If the Inspector General does not transmit, or does not
transmit in an accurate form, the complaint or information described in
subsection (b), the employee (subject to paragraph (2)) may submit the
complaint or information to Congress by contacting either or both of
the intelligence committees directly.
``(2) The employee may contact the intelligence committees directly
as described in paragraph (1) only if the employee--
``(A) before making such a contact, furnishes to the head of
the establishment, through the Inspector General, a statement of
the employee's complaint or information and notice of the
employee's intent to contact the intelligence committees directly;
and
``(B) obtains and follows from the head of the establishment,
through the Inspector General, direction on how to contact the
intelligence committees in accordance with appropriate security
practices.
``(3) A member or employee of one of the intelligence committees
who receives a complaint or information under paragraph (1) does so in
that member or employee's official capacity as a member or employee of
that committee.
``(e) The Inspector General shall notify an employee who reports a
complaint or information under this section of each action taken under
this section with respect to the complaint or information. Such notice
shall be provided not later than 3 days after any such action is taken.
``(f) An action taken by the head of an establishment or an
Inspector General under this section shall not be subject to judicial
review.
``(g) In this section:
``(1) The term `urgent concern' means any of the following:
``(A) A serious or flagrant problem, abuse, violation of
law or Executive order, or deficiency relating to the funding,
administration, or operations of an intelligence activity
involving classified information, but does not include
differences of opinions concerning public policy matters.
``(B) A false statement to Congress, or a willful
withholding from Congress, on an issue of material fact
relating to the funding, administration, or operation of an
intelligence activity.
``(C) An action, including a personnel action described in
section 2302(a)(2)(A) of title 5, United States Code,
constituting reprisal or threat of reprisal prohibited under
section 7(c) in response to an employee's reporting an urgent
concern in accordance with this section.
``(2) The term `intelligence committees' means the Permanent
Select Committee on Intelligence of the House of Representatives
and the Select Committee on Intelligence of the Senate.''.
(2) Conforming Amendment.--Section 8I of such Act (as
redesignated by paragraph (1)) is amended by striking out ``or 8E''
and inserting in lieu thereof ``8E, or 8H''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

87b5d03a64a45d4641b897d8d2abfedc4f46222a9c44244817ae30c1af96241e

Intelligence Authorization Act for Fiscal Year 1999

Other Sections

TITLE I

TITLE III

TITLE IV

TITLE V

TITLE VI

TITLE VII

TITLE II

TITLE VII

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