`[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2052 Placed on Calendar Senate (PCS)]




                                                       Calendar No. 442



105th CONGRESS
  2d Session
                                S. 2052

                          [Report No. 105-185]

 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 Retirement 
             and Disability System, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 7, 1998

  Mr. Shelby, from the Select Committee on Intelligence, reported the 
   following original bill; which was read twice and referred to the 
 Committee on Armed Services, pursuant to the order of section 3(b) of 
       S. Res. 400 for a period not to exceed 30 days of session

                             June 26, 1998

 Committee on Armed Services discharged; considered, amended, and read 
          the third time; ordered to be placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 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 Retirement 
             and Disability System, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
                     TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
                            law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Extension of application of sanctions laws to intelligence 
                            activities.
Sec. 304. Extension of authority to engage in commercial activities as 
                            security for intelligence collection 
                            activities.
Sec. 305. Modification of National Security Education Program.
Sec. 306. Technical amendments.
Sec. 307. Authority to direct competitive analysis of analytical 
                            products having national importance.
Sec. 308. Annual study and report on the safety and security of Russian 
                            nuclear facilities and nuclear military 
                            forces.
Sec. 309. quadrennial intelligence review.
Sec. 310. Designation of Headquarters Building of Central Intelligence 
                            Agency as the George Herbert Walker Bush 
                            Center for Central Intelligence.
                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Extension of separation pay program for voluntary separation 
                            of CIA employees.
Sec. 402. Additional duties for Inspector General of Central 
                            Intelligence Agency.
             TITLE V--DISCLOSURE OF INFORMATION TO CONGRESS

Sec. 501. Encouragement of disclosure of certain information to 
                            Congress.
      TITLE VI--FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM 
                             INVESTIGATIONS

Sec. 601. Pen registers and trap and trace devices in foreign 
                            intelligence and international terrorism 
                            investigations.
Sec. 602. Access to certain business records for foreign intelligence 
                            and international terrorism investigations.
Sec. 603. Conforming and clerical amendments.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    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.

 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, 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 One Hundred Fifth Congress.
    (b) Availability of Classified Schedule of Authorizations.--The 
Schedule of Authorizations shall be made available to the Committees on 
Appropriations of the Senate and House of Representatives and to the 
President. The President shall provide for suitable distribution of the 
Schedule, or of appropriate portions of the Schedule, within the 
Executive Branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director 
of the Office of Management and Budget, the Director of Central 
Intelligence may authorize employment of civilian personnel in excess 
of the number authorized for fiscal year 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 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. COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--
            (1) Authorization.--There is authorized to be appropriated 
        for the Community Management Account of the Director of Central 
        Intelligence for fiscal year 1999 the sum of $173,633,000.
            (2) Availability of certain funds.--Within such amount, 
        funds identified in the classified Schedule of Authorizations 
        referred to in section 102(a) for the Advanced Research and 
        Development Committee, the Advanced Technology Group, and the 
        Environmental Intelligence and Applications Program 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 a total of 283 full-time personnel as of September 30, 1999. 
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 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 
        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 
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 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), 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 
        Center.
            (3) Limitation.--Amounts available for the 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 over center.--Notwithstanding any other 
        provision of law, the Attorney General shall retain full 
        authority over the operations of the Center.

 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 1999 the sum of 
$201,500,000.

                     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. EXTENSION OF APPLICATION OF SANCTIONS LAWS TO 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''.

SEC. 304. EXTENSION OF AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVITIES AS 
              SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES.

    Section 431(a) of title 10, United States Code, is amended in the 
second sentence by striking out ``December 31, 1998'' and inserting in 
lieu thereof ``December 31, 2000''.

SEC. 305. MODIFICATION OF NATIONAL SECURITY EDUCATION PROGRAM.

    (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) In section 801 (50 U.S.C. 1901), by inserting 
        ``counterproliferation studies,'' after ``area studies,'' each 
        place it appears in subsections (b)(7) and (c)(2).
            (2) In section 802 (50 U.S.C. 1902)--
                    (A) by inserting ``counterproliferation studies,'' 
                after ``area studies,'' each place it appears in 
                paragraphs (1)(B)(i), (1)(C), and (4) of subsection 
                (a); and
                    (B) by inserting ``counterproliferation study,'' 
                after ``area study,'' each place it appears 
                subparagraphs (A)(ii) and (B)(ii) of subsection (b)(2).
            (3) In section 803(b)(8) (50 U.S.C. 1903(b)(8)), by 
        striking out ``and area'' and inserting in lieu thereof ``area, 
        and counterproliferation''.
            (4) In section 806(b)(1) (50 U.S.C. 1906(b)(1)), 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) of that Act (50 U.S.C. 1903(b)) is further amended--
            (1) by striking out paragraph (6); and
            (2) by inserting in lieu thereof the following new 
        paragraph (6):
            ``(6) The Secretary of Energy.''.

SEC. 306. TECHNICAL AMENDMENTS.

    (a) Central Intelligence Agency Act of 1949.--(1) Section 5(a)(1) 
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f(a)(1)) 
is amended--
            (A) by striking out ``subparagraphs (B) and (C) of section 
        102(a)(2), subsections (c)(5)'' and inserting in lieu thereof 
        ``paragraphs (2) and (3) of section 102(a), subsections 
        (c)(6)''; and
            (B) by striking out ``(50 U.S.C. 403(a)(2)'' and inserting 
        in lieu thereof ``(50 U.S.C. 403(a)''.
    (2) Section 6 of that Act (50 U.S.C. 403g) 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 ``section 103(c)(6) of the 
National Security Act of 1947 (50 U.S.C. 403-3(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 
``section 103(c)(6) of the National Security Act of 1947 (50 U.S.C. 
403-3(c)(6))''.

SEC. 307. AUTHORITY TO DIRECT COMPETITIVE ANALYSIS OF ANALYTICAL 
              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;''.

SEC. 308. ANNUAL STUDY AND REPORT ON THE SAFETY AND SECURITY OF RUSSIAN 
              NUCLEAR FACILITIES AND NUCLEAR MILITARY FORCES.

    (a) Annual Study.--The Director of Central Intelligence shall, on 
an annual basis, conduct a study of the safety and security of the 
nuclear facilities and nuclear military forces in Russia.
    (b) Annual Reports.--(1) The Director shall, on an annual basis, 
submit to the committees referred to in paragraph (4) an intelligence 
report assessing the safety and security of the nuclear facilities and 
nuclear military forces in Russia.
    (2) Each report shall include a discussion of the following:
            (A) The ability of the Russia Government to maintain its 
        nuclear military forces.
            (B) 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 report shall be submitted in unclassified form, but may 
contain a classified annex.
    (4) The committees referred to in paragraph (1) are the following:
            (A) The Select Committee on Intelligence, Committee on 
        Armed Services, and Committee on Foreign Relations of the 
        Senate.
            (B) The Permanent Select Committee on Intelligence, 
        Committee on National Security, and Committee on International 
        Relations of the House of Representatives.

SEC. 309. QUADRENNIAL INTELLIGENCE REVIEW.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) 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;
            (2) each review under paragraph (1) should--
                    (A) include assessments of intelligence policy, 
                resources, manpower, organization, and related matters; 
                and
                    (B) 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;
            (3) the results of each review should be shared with the 
        appropriate committees of Congress; and
            (4) the Director, in conjunction with the Secretary, should 
        establish a nonpartisan, independent panel (with members chosen 
        in consultation with the committees referred to in subsection 
        (b)(2) 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 August 15, 1998, the Director and 
the Secretary shall jointly submit to the committees referred to in 
paragraph (2) the views of the Director and the Secretary regarding--
            (A) the potential value of conducting reviews as described 
        in subsection (a)(1); and
            (B) the potential value of assessments of such reviews as 
        described in subsection (a)(4)(A).
    (2) The committees referred to in paragraph (1) are the following:
            (A) The Select Committee on Intelligence, Committee on 
        Armed Services, and Committee on Appropriations of the Senate.
            (B) The Permanent Select Committee on Intelligence, 
        Committee on National Security, and Committee on Appropriations 
        of the House of Representatives.

SEC. 310. DESIGNATION OF HEADQUARTERS BUILDING OF CENTRAL INTELLIGENCE 
              AGENCY AS THE GEORGE HERBERT WALKER BUSH CENTER FOR 
              CENTRAL INTELLIGENCE.

    (a) Designation.--The Headquarters Building of the Central 
Intelligence Agency located in Langley, Virginia, shall be known and 
designated as the ``George Herbert Walker Bush Center for Central 
Intelligence''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the Headquarters 
Building referred to in subsection (a) shall be deemed to be a 
reference to the George Herbert Walker Bush Center for Central 
Intelligence.

                 TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. EXTENSION OF SEPARATION PAY PROGRAM FOR VOLUNTARY SEPARATION 
              OF CIA EMPLOYEES.

    (a) Extension.--Subsection (f) of section 2 of the Central 
Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403-4 note) 
is amended by striking out ``September 30, 1999'' and inserting in lieu 
thereof ``September 30, 2001''.
    (b) Conforming Amendment.--Subsection (i) of that section is 
amended by striking out ``fiscal year 1998 or fiscal year 1999'' and 
inserting in lieu thereof ``fiscal year 1998, 1999, 2000, or 2001''

SEC. 402. ADDITIONAL DUTIES FOR INSPECTOR GENERAL OF CENTRAL 
              INTELLIGENCE AGENCY.

    Section 17(c) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403q(c)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) to review existing and proposed legislation relating 
        to the programs and operations of the Agency and to make 
        recommendations in the semiannual reports required by 
        subsection (d) concerning the impact of such legislation on 
        economy and efficiency in the administration of, or prevention 
        and detection of fraud and abuse in, the programs and 
        operations administered or financed by the Agency;''.

             TITLE V--DISCLOSURE OF INFORMATION TO CONGRESS

SEC. 501. ENCOURAGEMENT OF DISCLOSURE OF CERTAIN INFORMATION TO 
              CONGRESS.

    (a) Encouragement.--
            (1) In general.--Not later than 30 days after the date of 
        enactment of this Act, the President shall take appropriate 
        actions to inform the employees of the covered agencies, and 
        employees of contractors carrying out activities under 
        classified contracts with covered agencies, that--
                    (A) except as provided in paragraph (4), the 
                disclosure of information described in paragraph (2) to 
                the individuals referred to in paragraph (3) is not 
                prohibited by law, executive order, or regulation or 
                otherwise contrary to public policy;
                    (B) the individuals referred to in paragraph (3) 
                are presumed to have a need to know and to be 
                authorized to receive such information; and
                    (C) the individuals referred to in paragraph (3) 
                may receive information so disclosed only in their 
                capacity as members of the committees concerned.
            (2) Covered information.--Paragraph (1) applies to 
        information, including classified information, that an employee 
        reasonably believes to provide direct and specific evidence 
        of--
                    (A) a violation of any law, rule, or regulation;
                    (B) a false statement to Congress on an issue of 
                material fact; or
                    (C) gross mismanagement, a gross waste of funds, a 
                flagrant abuse of authority, or a substantial and 
                specific danger to public health or safety.
            (3) Covered individuals.--The individuals to whom 
        information described in paragraph (2) may be disclosed are the 
        members of a committee of Congress having as its primary 
        responsibility the oversight of a department, agency, or 
        element of the Federal Government to which such information 
        relates.
            (4) Scope.--Paragraph (1)(A) does not apply to information 
        otherwise described in paragraph (2) if the disclosure of the 
        information is prohibited by Rule 6(e) of the Federal Rules of 
        Criminal Procedure.
    (b) Report.--Not later than 60 days after the date of enactment of 
this Act, the President shall submit to Congress a report on the 
actions taken under subsection (a).
    (c) Construction With Other Reporting Requirements.--Nothing in 
this section may be construed to modify, alter, or otherwise affect any 
reporting requirement relating to intelligence activities that arises 
under the National Security Act of 1947 (50 U.S.C. 401 et seq.) or any 
other provision of law.
    (d) Covered Agencies Defined.--In this section, the term ``covered 
agencies'' means the following:
            (1) The Central Intelligence Agency.
            (2) The Defense Intelligence Agency.
            (3) The National Imagery and Mapping Agency.
            (4) The National Security Agency.
            (5) The Federal Bureau of Investigation.
            (6) The National Reconnaissance Office.
            (7) Any other 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.

      TITLE VI--FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM 
                             INVESTIGATIONS

SEC. 601. PEN REGISTERS AND TRAP AND TRACE DEVICES IN FOREIGN 
              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) Notwithstanding any provision of title I of this 
Act with respect to electronic surveillance under that title as defined 
in section 101(f)(4) of this Act, 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.
    ``(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 or 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 six-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.''.

SEC. 602. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
              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 subsection (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 six-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.''.

SEC. 603. CONFORMING AND CLERICAL AMENDMENTS.

    (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.''.




                                                       Calendar No. 442

105th CONGRESS

  2d Session

                                S. 2052

                          [Report No. 105-185]

_______________________________________________________________________

                                 A BILL

 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 Retirement 
             and Disability System, and for other purposes.

_______________________________________________________________________

                             June 26, 1998

 Committee on Armed Services discharged; considered, amended, and read 
          the third time; ordered to be placed on the calendar`