In the Senate of the United States,
June 26, 1998.
Resolved, That the bill from the House of Representa-
tives (H.R. 3694) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 1999 for intelligence and intelligence-re-
lated activities of the United States Government, the Commu-
nity Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other pur-
poses.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘In-
telligence 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.
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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 inter-
national 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 fis-
cal year 1999 for the conduct of the intelligence and intel-
ligence-related activities of the following elements of the
United States Government:
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(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 Depart-
ment 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 Agen-
cy.
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 re-
port on the bill H.R. 3694 of the One Hundred Fifth Con-
gress.
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(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.—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 ap-
proval 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 Di-
rector of Central Intelligence shall promptly notify the Per-
manent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of
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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 Ac-
count 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 Sched-
ule of Authorizations referred to in section 102(a) for
the Advanced Research and Development Committee,
the Advanced Technology Group, and the Environ-
mental Intelligence and Applications Program shall
remain available until September 30, 2000.
(b) AUTHORIZED PERSONNEL LEVELS.—The elements
within the Community Management Account of the Direc-
tor 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 Com-
munity 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
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for the Community Management Account by sub-
section (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 re-
main available until September 30, 2000.
(2) AUTHORIZATION OF PERSONNEL.—In addi-
tion 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 Authoriza-
tions.
(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 de-
tailed 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 func-
tions as required by the Director of Central Intelligence.
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(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 pro-
vided 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 Cen-
tral 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 provi-
sions of section 103(d)(1) of the National Security Act
of 1947 (50 U.S.C. 403–3(d)(1)).
(4) AUTHORITY
OVER
CENTER.—Notwithstand-
ing any other provision of law, the Attorney General
shall retain full authority over the operations of the
Center.
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TITLE 
II—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund for fis-
cal 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.
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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 COM-
MERCIAL ACTIVITIES AS SECURITY FOR IN-
TELLIGENCE 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 EDU-
CATION PROGRAM.
(a) ASSISTANCE FOR COUNTERPROLIFERATION STUD-
IES.—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 stud-
ies,’’ after ‘‘area studies,’’ each place it appears
in paragraphs (1)(B)(i), (1)(C), and (4) of sub-
section (a); and
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(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 SECU-
RITY 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
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(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 Re-
tirement 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 ‘‘sec-
tion 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 
NA-
TIONAL 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 fol-
lowing new subparagraph (D):
‘‘(D) direct competitive analysis of analytical
products having National importance;’’.
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SEC. 308. ANNUAL STUDY AND REPORT ON THE SAFETY
AND SECURITY OF RUSSIAN NUCLEAR FACILI-
TIES AND NUCLEAR MILITARY FORCES.
(a) ANNUAL STUDY.—The Director of Central Intel-
ligence 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 para-
graph (4) an intelligence report assessing the safety and se-
curity of the nuclear facilities and nuclear military forces
in Russia.
(2) Each report shall include a discussion of the follow-
ing:
(A) The ability of the Russia Government to
maintain its nuclear military forces.
(B) Security arrangements at civilian and mili-
tary 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 sys-
tems and procedures of the nuclear military forces in
Russia.
(3) Each report shall be submitted in unclassified
form, but may contain a classified annex.
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(4) The committees referred to in paragraph (1) are
the following:
(A) The Select Committee on Intelligence, Com-
mittee on Armed Services, and Committee on Foreign
Relations of the Senate.
(B) The Permanent Select Committee on Intel-
ligence, Committee on National Security, and Com-
mittee 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 pol-
icy, resources, manpower, organization, and re-
lated 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;
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(3) the results of each review should be shared
with the appropriate committees of Congress; and
(4) the Director, in conjunction with the Sec-
retary, should establish a nonpartisan, independent
panel (with members chosen in consultation with the
committees referred to in subsection (b)(2) from indi-
viduals in the private sector) in order to—
(A) assess each review under paragraph (1);
(B) conduct an assessment of alternative in-
telligence structures to meet the anticipated in-
telligence 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 intel-
ligence 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 com-
mittees referred to in paragraph (2) the views of the Direc-
tor 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 re-
views as described in subsection (a)(4)(A).
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(2) The committees referred to in paragraph (1) are
the following:
(A) The Select Committee on Intelligence, Com-
mittee on Armed Services, and Committee on Appro-
priations of the Senate.
(B) The Permanent Select Committee on Intel-
ligence, Committee on National Security, and Com-
mittee on Appropriations of the House of Representa-
tives.
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, regu-
lation, document, paper, or other record of the United
States to the Headquarters Building referred to in sub-
section (a) shall be deemed to be a reference to the George
Herbert Walker Bush Center for Central Intelligence.
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TITLE IV—CENTRAL
INTELLIGENCE AGENCY
SEC. 401. EXTENSION OF SEPARATION PAY PROGRAM FOR
VOLUNTARY SEPARATION OF CIA EMPLOY-
EES.
(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 ‘‘Sep-
tember 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 fis-
cal 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 follow-
ing 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 re-
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ports required by subsection (d) concerning the im-
pact of such legislation on economy and efficiency in
the administration of, or prevention and detection of
fraud and abuse in, the programs and operations ad-
ministered 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 para-
graph (2) to the individuals referred to in para-
graph (3) is not prohibited by law, executive
order, or regulation or otherwise contrary to
public policy;
(B) the individuals referred to in para-
graph (3) are presumed to have a need to know
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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 con-
cerned.
(2) COVERED INFORMATION.—Paragraph (1) ap-
plies 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 regula-
tion;
(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 sub-
stantial 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 Gov-
ernment to which such information relates.
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(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 Con-
gress a report on the actions taken under subsection (a).
(c) CONSTRUCTION WITH OTHER REPORTING RE-
QUIREMENTS.—Nothing in this section may be construed to
modify, alter, or otherwise affect any reporting requirement
relating to intelligence activities that arises under the Na-
tional 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 sec-
tion 2302(a)(2)(C)(ii) of title 5, United States Code,
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to have as its principal function the conduct of for-
eign intelligence or counterintelligence activities.
TITLE 
VI—FOREIGN 
INTEL-
LIGENCE 
AND 
INTER-
NATIONAL TERRORISM INVES-
TIGATIONS
SEC. 601. PEN REGISTERS AND TRAP AND TRACE DEVICES
IN 
FOREIGN 
INTELLIGENCE 
AND 
INTER-
NATIONAL 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 sec-
tion 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 
INTEL-
LIGENCE PURPOSES
‘‘DEFINITIONS
‘‘SEC. 401. As used in this title:
‘‘(1) The terms ‘foreign power’, ‘agent of a for-
eign power’, ‘international terrorism’, ‘foreign intel-
ligence information’, ‘Attorney General’, ‘United
States person’, ‘United States’, ‘person’, and ‘State’
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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 per-
son—
‘‘(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 communica-
tions impulses.
‘‘PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOR-
EIGN 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 At-
torney 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 investiga-
tion to gather foreign intelligence information or informa-
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tion concerning international terrorism which is being con-
ducted 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 attor-
ney 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 in-
formation likely to be obtained is relevant to an ongo-
ing foreign intelligence or international terrorism in-
vestigation being conducted by the Federal Bureau of
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Investigation under guidelines approved by the Attor-
ney 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 at-
tached, or the communication instrument or device to
be covered by the pen register or trap and trace de-
vice, has been or is about to be used in communica-
tion with—
‘‘(A) an individual who is engaging or has
engaged in international terrorism or clandes-
tine 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 be-
lieve that the communication concerns or con-
cerned international terrorism or clandestine in-
telligence 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
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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 per-
son to whom is leased or in whose name the
telephone line is listed; and
‘‘(II) the number and, if known, phys-
ical 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 per-
son who owns or leases the instrument or
device or in whose name the instrument or
device is listed; and
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‘‘(II) the number of the instrument or
device; and
‘‘(B) shall direct that—
‘‘(i) upon request of the applicant, the pro-
vider of a wire or electronic communication serv-
ice, landlord, custodian, or other person shall
furnish any information, facilities, or technical
assistance necessary to accomplish the installa-
tion and operation of the pen register or trap
and trace device in such a manner as will pro-
tect its secrecy and produce a minimum amount
of interference with the services that such pro-
vider, 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 Gen-
eral and the Director of Central Intelligence
pursuant to section 105(b)(2)(C) of this Act,
any records concerning the pen register or
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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 assist-
ance.
‘‘(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 find-
ing 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 fur-
nishes 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
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the duration of the order to the authorized Government offi-
cial or officials.
‘‘AUTHORIZATION DURING EMERGENCIES
‘‘SEC. 403. (a) Notwithstanding any other provision
of this title, when the Attorney General makes a determina-
tion 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 inter-
national terrorism if—
‘‘(1) a judge referred to in section 402(b) of this
Act is informed by the Attorney General or his des-
ignee at the time of such authorization that the deci-
sion 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 prac-
ticable, but not more than 48 hours, after the Attor-
ney 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 reason-
able determination by the Attorney General that—
‘‘(1) an emergency requires the installation and
use of a pen register or trap and trace device to ob-
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tain foreign intelligence information or information
concerning international terrorism before an order
authorizing the installation and use of the pen reg-
ister 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 ap-
plied 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
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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 evi-
dence 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 pro-
ceeding in or before any court, grand jury, department, of-
fice, agency, regulatory body, legislative committee, or other
authority of the United States, a State, or political subdivi-
sion 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 in-
dicates a threat of death or serious bodily harm to any per-
son.
‘‘AUTHORIZATION DURING TIME OF WAR
‘‘SEC. 404. Notwithstanding any other provision of
law, the President, through the Attorney General, may au-
thorize the use of a pen register or trap and trace device
without a court order under this title to acquire foreign in-
telligence information for a period not to exceed 15 calendar
days following a declaration of war by Congress.
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‘‘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 with-
out the consent of the United States person only in accord-
ance 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 employ-
ees 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 infor-
mation, or any information derived therefrom, may only
be used in a criminal proceeding with the advance author-
ization 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, offi-
cer, 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
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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 there-
of 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 subdivi-
sion 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 in-
formation.
‘‘(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 other-
wise used or disclosed in any trial, hearing, or other pro-
ceeding 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 sup-
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press 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 conform-
ity with an order of authorization or approval under
this title.
‘‘(2) A motion under paragraph (1) shall be made be-
fore the trial, hearing, or other proceeding unless there was
no opportunity to make such a motion or the aggrieved per-
son 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 au-
thorized by this title, the United States district court or,
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where the motion is made before another authority, the
United States district court in the same district as the au-
thority 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 mate-
rials 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 appro-
priate 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 de-
termination 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 con-
ducted, the court may, in accordance with the requirements
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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 sub-
section (g), decisions under this section that the use of a
pen register or trap and trace device was not lawfully au-
thorized or conducted, and orders of the United States dis-
trict court requiring review or granting disclosure of appli-
cations, orders, or other materials relating to the installa-
tion 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 Se-
lect Committee on Intelligence of the Senate concerning all
uses of pen registers and trap and trace devices pursuant
to this title.
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‘‘(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 grant-
ed, modified, or denied.’’.
SEC. 602. ACCESS TO CERTAIN BUSINESS RECORDS FOR
FOREIGN 
INTELLIGENCE 
AND 
INTER-
NATIONAL 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 PUR-
POSES
‘‘DEFINITIONS
‘‘SEC. 501. As used in this title:
‘‘(1) The terms ‘foreign power’, ‘agent of a for-
eign power’, ‘foreign intelligence information’, ‘inter-
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national terrorism’, and ‘Attorney General’ shall have
the same meanings as in section 101 of this Act.
‘‘(2) The term ‘common carrier’ means any per-
son 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 seg-
ment 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 seg-
ment thereof.
‘‘ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM IN-
VESTIGATIONS
‘‘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 fa-
cility, or vehicle rental facility to release records in its pos-
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session 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 sec-
tion 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.
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‘‘(c)(1) Upon application made pursuant to this sec-
tion, 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 facil-
ity, physical storage facility, or vehicle rental facility, or
officer, employee, or agent thereof, shall disclose to any per-
son (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 Bu-
reau of Investigation under this section) that the Federal
Bureau of Investigation has sought or obtained records pur-
suant 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 Se-
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lect 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 grant-
ed, modified, or denied.’’.
SEC. 603. CONFORMING AND CLERICAL AMENDMENTS.
(a) CONFORMING AMENDMENT.—Section 601 of the
Foreign Intelligence Surveillance Act of 1978, as redesig-
nated 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 inter-
national terrorism investigations.
‘‘403. Authorization during emergencies.
‘‘404. Authorization during time of war.
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‘‘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.’’.
Attest:
Secretary.
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