H. R. 3694—7
‘‘(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.
SEC. 308. QUADRENNIAL INTELLIGENCE REVIEW.
(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 mem-
bers chosen in consultation with the appropriate committees
H. R. 3694—8
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 require-
ments 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 subpara-
graph (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 Appro-
priations of the House of Representatives.
SEC. 309. DESIGNATION OF HEADQUARTERS COMPOUND OF CENTRAL
INTELLIGENCE 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 head-
quarters compound referred to in subsection (a) shall be deemed
to be a reference to the ‘‘George Bush Center for Intelligence’’.
TITLE IV—CENTRAL INTELLIGENCE
AGENCY
SEC. 401. ENHANCED PROTECTIVE AUTHORITY FOR CIA PERSONNEL
AND FAMILY 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 imme-
diate families,’’.
SEC. 402. AUTHORITY FOR RETROACTIVE PAYMENT OF SPECIFIED
SPECIAL PAY 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
H. R. 3694—9
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 Intel-
ligence Agency for fiscal year 1998 or for fiscal year 1999.
SEC. 403. TECHNICAL AMENDMENTS.
(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))’’.
TITLE V—DEPARTMENT OF DEFENSE
INTELLIGENCE ACTIVITIES
SEC. 501. EXTENSION OF AUTHORITY TO ENGAGE IN COMMERCIAL
ACTIVITIES AS SECURITY FOR INTELLIGENCE COLLEC-
TION 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’’.
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:
H. R. 3694—10
‘‘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’, ‘per-
son’, 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 installa-
tion 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 elec-
tronic 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 Inves-
tigation 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 surveil-
lance 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 installa-
tion 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 intel-
ligence or international terrorism investigation being conducted
by the Federal Bureau of Investigation under guidelines
approved by the Attorney General; and
H. R. 3694—11
‘‘(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 activi-
ties 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 communica-
tion concerns or concerned international terrorism or clan-
destine 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, custo-
dian, or other person shall furnish any information, facili-
ties, 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 investiga-
tion or of the pen register or trap and trace device
to any person unless or until ordered by the court;
and
H. R. 3694—12
‘‘(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 reason-
able 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 intel-
ligence 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.
H. R. 3694—13
‘‘(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 informa-
tion 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,
H. R. 3694—14
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 informa-
tion 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 subdivi-
sion 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
H. R. 3694—15
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 disclo-
sure.
‘‘(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 Intel-
ligence 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.’’.
SEC. 602. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM INVES-
TIGATIONS.
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:
H. R. 3694—16
‘‘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 mate-
rials, 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 Investiga-
tion 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 des-
ignated 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 investiga-
tion described in subsection (a); and
‘‘(B) there are specific and articulable facts giving rea-
son 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 applica-
tion satisfies the requirements of this section.
H. R. 3694—17
‘‘(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 Intel-
ligence 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.’’.
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 begin-
ning 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 inter-
national 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.
H. R. 3694—18
‘‘TITLE VI—EFFECTIVE DATE
‘‘601. Effective date.’’.
SEC. 604. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION
REQUIREMENTS.
(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 intercep-
tion 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’’.
SEC. 605. AUTHORITY OF ATTORNEY GENERAL TO ACCEPT VOLUNTARY
SERVICES.
Section 524(d)(1) of title 28, United States Code, is amended
by inserting ‘‘or services’’ after ‘‘property’’.
TITLE VII—WHISTLEBLOWER PROTEC-
TION FOR INTELLIGENCE COMMU-
NITY EMPLOYEES REPORTING UR-
GENT CONCERNS TO CONGRESS
SEC. 701. SHORT TITLE; FINDINGS.
(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 Govern-
ment 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 Commu-
nity;
(4) no basis in law exists for requiring prior authorization
of disclosures to the intelligence committees of Congress by
H. R. 3694—19
employees of the executive branch of classified information
about wrongdoing within the Intelligence Community;
(5) the risk of reprisal perceived by employees and contrac-
tors 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.
SEC. 702. PROTECTION OF INTELLIGENCE COMMUNITY EMPLOYEES
WHO REPORT 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 informa-
tion 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 informa-
tion appears credible, the Inspector General shall, before the end
of such period, transmit the complaint or information to the Direc-
tor.
‘‘(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 commit-
tees, together with any comments the Director considers appro-
priate.
‘‘(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 con-
tacting 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 commit-
tees 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
H. R. 3694—20
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 mat-
ters.
‘‘(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, con-
stituting 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 CON-
GRESS 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 Con-
gress 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
H. R. 3694—21
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 deter-
mine 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 con-
tacting 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 state-
ment 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.
H. R. 3694—22
‘‘(C) An action, including a personnel action described
in section 2302(a)(2)(A) of title 5, United States Code, con-
stituting 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.