Intelligence Authorization Act for Fiscal Year 1999
PL 105-272 (H.R.3694), enacted 10/20/1998

112 STAT. 2396 
PUBLIC LAW 105-272—OCT. 20, 1998 
Public Law 105-272 
105th Congress 
Oct. 20,1998 
(H.R. 3694] 
Intelligence 
Authorization 
Act for Fiscal 
Year 1999. 
An Act 
To authorize appropriations for fiscal year 1999 for intelligence and intelligence-
related activities of the United States Government, the Community Management 
Account, and the Central Intelligence Agency Retirement and Disability System, 
and for other piurposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of 
America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the "Intelligence 
Authorization Act for Fiscal Year 1999". 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follow: 
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 acUustments. 
Sec. 104. Community Management Account. 
Sec. 105. Authorization of emergency supplemental appropriations for fiscal year 
1998. 
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABIUTY SYSTEM 
Sec. 201. Authorization of appropriations. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. Increase in employee compensation and benefits authorized by law. 
Sec. 302. Restrictiononconductof intelligence activities. 
Sec. 303. One-year extension of application of sanctions laws to intelligence activi-
ties. 
Sec. 304. Sense of Congress on intelligence community contracting. 
Sec. 305. Modification of national security education program. 
Sec. 306. Reqiiirement to direct competitive analysis of analytical products having 
National importance. 
Sec. 307. Annual reports to Congress. 
Sec. 308. Quadrennial intelligence review. 
Sec. 309. Designation of headquarters compoiind of Central Intelligence Agency as 
the George Bush Center for Intelligence. 
TITLE IV—CENTRAL INTELLIGENCE AGENCY 
Sec. 401. Enhanced protective authority for CIA personnel and family members. 
Sec. 402. Authority for retroactive payment of specified special pay allowance. 
Sec. 403. Technic^ amendments. 
TITLE V—DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES 
Sec. 501. Extension of authority to engage in commercial activities as security for 
intelligence collection activities. 
PUBLIC LAW 105-272—OCT. 20, 1998 
112 STAT. 2397 
TITLE VI—FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM 
INVESTIGATIONS 
Sec. 601. Pen registers and trap and trace devices in foreign intelligence and inter-
national terrorism investigations. 
Sec. 602. Access to certain business records for foreign intelligence and inter-
national terrorism investigations. 
Sec. 603. Conforming and clerical amendments. 
Sec. 604. Wire and electronic communications interception reqmrements. 
Sec. 605. Authority of Attorney General to accept voluntary services. 
TITLE VII—WHISTLEBLOWER PROTECTION FOR INTELLIGENCE 
COMMUNITY EMPLOYEES REPORTING URGENT CONCERNS TO CONGRESS 
Sec. 701. Short title; findings. 
Sec. 702. Protection of intelligence community employees who report urgent 
concerns to Congress. 
TITLE I—INTELLIGENCE ACTIVITIES 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fiscal year 
1999 for the conduct of the inteUigence and intelligence-related 
activities of the following elements of the United States Govern-
ment: 
(1) The Central Intelligence Agency. 
(2) The Department of Defense. 
(3) The Defense Intelligence Agency. 
(4) The National Security Agency. 
(5) The Department of the Army, the Department of the 
Navy, and the Department of the Air Force. 
(6) The Department of State. 
(7) The Department of the Treasury. 
(8) The Department of Energy. 
(9) The Federal Bureau of Investigation. 
(10) The National Reconnaissance Office'. 
(11) The National Imagery and Mapping Agency. 
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 
(a) SPECIFICATIONS OF AMOUNTS AND PERSONNEL CEILINGS.— 
The amounts authorized to be appropriated under section 101, 
and the authorized personnel ceilings as of September 30, 1999, 
for the conduct of the intelligence and intelligence-related activities 
of the elements listed in such section, are those specified in the 
classified Schedule of Authorizations prepared to accompany the 
conference report on the bill H.R. 3694 of the 105th Congress. 
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZA- President. 
TIONS.—^The Schedule of Authorizations shall be made available 
to the Committees on Appropriations of the Senate and House 
of Representatives and to the President. The President shall provide 
for suitable distribution of the Schedule, or of appropriate portions 
of the Schedule, within the Executive Branch. 
SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 
(a) AUTHORITY FOR ADJUSTMENTS.—With the approval of the 
Director of the Office of Management and Budget, the Director 
of Central Intelligence may authorize emplo3nnent of civilian person-
nel 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 
112 STAT. 2398 
PUBLIC LAW 105-272—OCT. 20, 1998 
employed in excess of the number authorized under such section 
may not, for any element of the intelligence community, exceed 
2 percent of the number of civilian personnel authorized under 
such section for such element. 
(b) NOTICE TO INTELLIGENCE COMMITTEES.—The Director of 
Central Intelligence shall promptly notify the Permanent Select 
Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence of the Senate upon an exercise 
of the authority granted by this section, 
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—^There is authorized 
to be appropriated for the Community Management Account of 
the Director of Central Intelligence for fiscal year 1999 the sum 
of $129,123,000. Within such amount, funds identified in the classi-
fied Schedule of Authorizations referred to in section 102(a) for 
the Advanced Research and Development Committee and the 
Advanced Technology Group shall remain available until September 
30, 2000. 
(b) AUTHORIZED PERSONNEL LEVELS.—^The elements within the 
Community Management Account of the Director of Central Intel-
ligence are authorized 283 full-time personnel as of September 
30, 1999. Personnel serving in such elements may be permanent 
employees of the Community Management Staff or personnel 
detailed from other elements of the United States Government. 
(c) CLASSIFIED AUTHORIZATIONS.— 
(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to 
amounts authorized to be appropriated for the Community 
Management Account by subsection (a), there is also authorized 
to be appropriated for the Community Management Account 
for fiscal year 1999 such additional amounts as are specified 
in the classified Schedule of Authorizations referred to in sec-
tion 102(a). Such additional amounts shall remain available 
until September 30, 2000. 
(2) AUTHORIZATION OF PERSONNEL.—In addition to the 
personnel authorized by subsection (b) for elements of the 
Community Management Account as of September 30, 1999, 
there is authorized such additional personnel for such elements 
as of that date as is specified in the classified Schedule of 
Authorizations. 
(d) REIMBURSEMENT.—Except as provided in section 113 of the 
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 
1999, any officer or employee of the United States or member 
of the Armed Forces who is detailed to the staff of an element 
within the Community Management Account from another element 
of the United States Government shall be detailed on a reimburs-
able basis, except that any such officer, employee, or member may 
be detailed on a nonreimbursable basis for a period of less than 
1 year for the performance of temporary functions as required 
by the Director of Central Intelligence. 
21 use 873 note. 
(e) NATIONAL DRUG INTELLIGENCE CENTER.— 
(1) IN GENERAL.—Of the amount appropriated pursuant 
to the authorization in subsection (a), the amount of 
$27,000,000 shall be available for the National Drug Intel-
ligence Center. Within such amount, funds provided for 
research, development, test, and evaluation purposes shall 
remain available until September 30, 2000, and funds provided 
PUBLIC LAW 105-272—OCT. 20, 1998 
112 STAT. 2399 
for procurement purposes shall remain available until Septem-
ber 30, 2001. 
(2) TRANSFER OF FUNDS.—The Director of Central Intel-
ligence shall transfer to the Attorney Greneral of the United 
States funds available for the National Drug Intelligence Center 
under paragraph (1). The Attorney General shall utilize funds 
so transferred for the activities of the National Drug Intel-
ligence Center. 
(3) LIMITATION.—Amounts available for the National Drug 
Intelligence Center may not be used in contravention of the 
provisions of section 103(d)(1) of the National Security Act 
of 1947 (50 U.S.C. 403-3(d)(l)). 
(4) AUTHORITY.—^Notwithstanding any other provision of 
law, the Attorney (Jeneral shall retain full authority over the 
operations of the National Drug Intelligence Center. 
(f) TRANSFER AUTHORITY FOR FUNDS FOR SECURITY REQUIRE-
MENTS AT OVERSEAS LOCATIONS.— 
(1) IN GENERAL.—Of the amount appropriated pursuant 
to the authorization in subsection (a), the Director of Central 
Intelligence may transfer funds to departments or other agen-
cies for the sole purpose of supporting certain intelligence 
community security requirements at overseas locations, as 
specified by the Director. 
(2) LIMITATION.—^Amounts made available for departments 
or agencies under paragraph (1) shall be— 
(A) transferred to the specific appropriation; 
(B) allocated to the specific account in the specific 
amount, as determined by the Director; 
(C) merged with funds in such account that are avail-
able for architectured £ind engineering support expenses 
at overseas locations; and 
(D) avsdlable only for the same purposes, and subject 
to the same terms and conditions, as the funds described 
in subparagraph (C). 
SEC. 105. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPRO-
PRIATIONS FOR FISCAL YEAR 1998. 
(a) AUTHORIZATION.—Amounts authorized to be appropriated 
for fiscal year 1998 under section 101 of the Intelligence Authoriza-
tion Act for Fiscal Year 1998 (Public Law 105-107) for the conduct 
of the intelligence activities of elements of the United States 
Government listed in such section are hereby increased, with respect 
to any such authorized amount, by the amount by which appropria-
tions pursuant to such authorization were increased by the 
following: 
(1) An emergency supplemental appropriation in title I 
of the 1998 Supplemental Appropriations and Rescissions Act 
(Public Law 105-174). 
(2) An emergency supplemental appropriation in a supple-
mental appropriations Act for fiscal year 1998 that is enacted 
after September 28, 1998, for such amounts as are designated 
by Congress as an emergency requirement pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)). 
(b) RATIFICATION.—For purposes of section 504 of the National 
Security Act of 1947 (50 U.S.C. 414), any obligation or expenditure 
of those amounts deemed to have been specifically authorized by 
112 STAT. 2400 
PUBLIC LAW 105-272—OCT. 20, 1998 
Congress in the Act referred to in subsection (a)(1) and in the 
supplemental appropriations Act referred to in subsection (a)(2) 
is hereby ratified and confirmed. 
TITLE 
II—CENTRAL 
INTELLIGENCE 
AGENCY RETIREMENT AND DISABIL-
ITY SYSTEM 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Central Intel-
ligence Agency Retirement and Disability Fund for fiscal year 1999 
the sum of $201,500,000. 
TITLE III—GENERAL PROVISIONS 
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
AUTHORIZED BY LAW. 
Appropriations authorized by this Act for salary, pay, retire-
ment, 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 INTELUGENCE ACTIVITIES. 
The authorization of appropriations by this Act shall not be 
deemed to constitute authority for the conduct of any intelligence 
activity which is not otherwise authorized by the Constitution or 
the laws of the United States. 
SEC. 303. ONE-YEAR 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. SENSE OF CONGRESS ON INTELUGENCE COMMUNITY 
CONTRACTING. 
It is the sense of Congress that the Director of Central Intel-
ligence should continue to direct that elements of the intelligence 
community, whenever compatible with the national 
security 
interests of the United States and consistent with operational and 
security concerns related to the conduct of intelligence activities, 
and where fiscally sound, should competitively award contracts 
^ ^ 
in a mgmner that maximizes the procurement of products properly 
.^"'^^ 
designated as having been made in the United States. 
SEC. 
305. MODIFICATION* OF NATIONAL SECURITY 
EDUCATION 
PROGRAM. 
(a) ASSISTANCE FOR COUNTERPROLIFERATION STUDIES.—^The 
David L. Boren National Security Education Act of 1991 (50 U.S.C. 
1901 et seq.) is amended as follows: 
(1) Section 801 (50 U.S.C. 1901) is amended by inserting 
"counterproliferation studies," after "area studies," in sub-
sections (b)(7) and (c)(2). 
(2) Section 802 (50 U.S.C. 1902) is amended— 
PUBLIC LAW 105-272--OCT. 20, 1998 
112 STAT. 2401 
(A) in subsection (a), by inserting "counterproliferation 
studies," after "area studies," in paragraphs (l)(BXi), (IXC), 
and (4); and 
(B) 
in 
subsection 
(b)(2), 
by 
inserting 
"counterproliferation study," after "area study," in subpara-
graphs (A)(ii) and (B)(ii). 
(3) Section 803 (50 U.S.C. 1903) is amended by striking 
out "and area" in subsections (b)(8) and (d)(4) and inserting 
in lieu thereof "area, and counterproliferation". 
(4) Section 806(bXl) (50 U.S.C. 1906(bXl)) is amended by 
striking out "and girea" and inserting in lieu thereof "area, 
and counterproliferation". 
(b) 
REVISION 
OF 
MEMBERSHIP 
OF 
NATIONAL 
SECURITY EDUCATION BOARD.—Section 803(b)(6) of such Act (50 
U.S.C. 1903(bX6)) is amended to read as follows: 
"(6) The Secretary of Energy.". 
SEC. 306. REQUIREMENT TO DIRECT COMPETITIVE ANALYSIS OF 
ANALYTICAL PRODUCTS HAVING NATIONAL IMPOR-
TANCE. 
Section 102(gX2) of the National Security Act of 1947 (50 U.S.C. 
403(g)(2)) is amended— 
(1) by redesignating subparagraphs (D) and (E) as subpara-
graphs (E) and (F), respectively; and 
(2) by inserting after subparagraph (C) the following new 
subparagraph (D): 
"(D) direct competitive Einalysis of analytical products 
having National importance;". 
SEC. 307. ANNUAL REPORTS TO CONGRESS. 
(a) ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF CEN-
TRAL INTELLIGENCE.—Title I of the National Security Act of 1947 
(50 U.S.C. 401 et seq.) is amended by adding at the end the 
following new section: 
"ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF CENTRAL 
INTELLIGENCE 
"SEC. 114. (a) REPORT ON INTELLIGENCE COMMUNITY COOPERA- 
50USC404i. 
TiON WITH FEDERAL LAW ENFORCEMENT AGENCIES.—(1) Not later 
DeadUne. 
than December 31 of each year, the Director of Central Intelligence 
shall submit to the congressional intelligence committees and the 
congressional leadership a report describing the nature and extent 
of cooperation and assistance provided by the intelligence commu-
nity to Federal law enforcement agencies with respect to efforts 
to stop the illegal importation into the United States of controlled 
substances (as that term is defined in section 102(6) of the Con-
trolled Substances Act (21 U.S.C. 802(6)) that are included in sched-
ule I or II under part B of such Act. 
"(2) Each such report shall include a discussion of the following: 
"(A) Illegal importation of such controlled substances 
through transit zones such as the Caribbean Sea and across 
the Southwest and northern borders of the United States. 
"(B) Methodologies used for such illegal importation. 
"(C) Additional routes used for such illegal importation. 
"(D) Quantities of such controlled substances transported 
through each route. 
112 STAT. 2402 
PUBLIC LAW 105-272—OCT. 20, 1998 
"(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 Centrsd 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 Grovemment 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.". 
50USC404i 
(c) DATE FOR FIRST REPORT ON COOPERATION WITH CIVILIAN 
note. 
LAW ENFORCEMENT AGENCIES.—^The first report under section 
114(a) of the National Security Act of 1947, as added by subsection 
(a), shedl 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 
PUBLIC LAW 105-272—OCT. 20, 1998 
112 STAT. 2403 
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 Deadline, 
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 (aXl); and 
(B) the potential value of assessments of such reviews 
as described in subsection (a)(3XA). 
(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 
Virginia. 
INTELLIGENCE AGENCY AS THE GEORGE BUSH CENTER 
50 tJSC 403-1 
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 
112 STAT. 2404 
PUBLIC LAW 105-272—OCT. 20, 1998 
described in the Central Intelligence Agency notice dated April 
7, 1998 (notwithstanding the otherwise applicable effective date 
for such pa3anents of April 7, 1998). 
(b) FUNDS AVAILABLE.—^Pa3nnents 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(aXl) (50 U.S.C. 403f(a)(l)) 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(ar; 
(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 
"(cX6)". 
(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 Nationsd 
Security Act of 1947 (50 U.S.C. 403-3(c)(5))" and inserting in Ueu 
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 A S SECURITY F O R I N T E L U G E N C E C O U ^ C -
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 IHAP 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— 
50USC1801 
(1) by redesignating title IV as title VI and section 401 
note. 
as section 601, respectively; and 
(2) by inserting after title III the following new title: 
PUBLIC LAW 105-272—OCT. 20^ 1998 
112 STAT. 2405 
•TITLE IV—PEN REGISTERS AND TRAP AND TRACE 
DEVICES FOR FOREIGN INTELLIGENCE PURPOSES 
"DEFINITIONS 
"SEC. 401. As used in this title: 
50 USC1841. 
"(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 Eind 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, 50USC1842. 
the Attorney General or a designated attorney for the Government 
may make an application for an order or an extension of EOI 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) 
ofthisAct;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 (Jeneral, or a designated attorney for 
the Grovemment, 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 
112 STAT. 2406 
PUBLIC LAW 105-272—OCT. 20, 1998 
"(3) information which demonstrates that there is reason 
to believe that the telephone line to which the pen tegister 
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 inst£illation 
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 
PUBLIC LAW 105-272—OCT. 20, 1998 
112 STAT. 2407 
"(II) shall maintain, under security procedures Records. 
approved by the Attorney Greneral and the Director 
of Central Intelligence pursuant to section 105(b)(2XC) 
of this Act, any records concerning the pen register 
or trap and trace device or the aid furnished; and 
"(iii) tne 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 agEiinst 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 nimishes 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 Grovemment official or officials. 
"AUTHORIZATION DURING EMERGENCIES 
"SEC. 403. (a) Notwithstanding any other provision of this title, 50 USC1843. 
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 siich 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 Greneral 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. 
59-194 O - 98 - 19: QL 3 Part 3 
112 STAT. 2408 
PUBLIC LAW 105-272—OCT. 20, 1998 
"(cXD 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 
re^ster 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 
50 use 1844. 
"SEC. 404. Notwithstanding any other provision of law, the 
President, through the Attorney CJeneral, 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 foUowing a declaration of 
war by Congress. 
^ S E OF INFORMATION 
50 use 1845. 
"SEC. 405. (aXD 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 
accomp£inied 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. 
PUBLIC LAW 105-272—OCT. 20, 1998 
112 STAT. 2409 
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 Greneral that the State or political subdivi-
sion thereof intends to so disclose or so use such information. 
"(eXD 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 XI) Whenever a court or other authority is notified pursuant Courts, 
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 smother 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 
112 STAT. 2410 
PUBLIC LAW 105-272—OCT. 20, 1998 
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 
S
O use 1846. 
"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. 
Reports. 
"(b) On a semiannual basis, the Attorney G^ieral 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 uie preceding 
6-month period— 
(1) the total number of applications made for orders 
approving the use of pen reg^isters 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 
INTELUGENCE 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: 
PUBLIC LAW 105-272—OCT. 20, 1998 
112 STAT. 2411 
"TITLE V—ACCESS TO CERTAIN BUSINESS RECORDS FOR 
FOREIGN INTELLIGENCE PURPOSES 
"DEFINITIONS 
"SEC. 501. As used in this title: 
50 use 1861. 
"(1) The terms 'foreign power', 'agent of a foreign power', 
'foreign intelligence information', 'international terrorism', and 
'Attorney Greneral' 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' meeins any person 
or entity that provides vehicles for rent, lease, loan, or other 
similar use to the public or £iny 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- 50 USC 1862. 
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 FedereJ 
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) 
ofthisAct;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 £ind grant orders for the 
release of records under this section on behalf of a judge 
of that court; and 
"(2) shall specify tha1>-
"(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. 
112 STAT. 2412 
PUBLIC LAW 105-272—OCT. 20, 1998 
"(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 
50 use 1863. 
"SEC. 503. (a) On a semiannual basis, the Attorney Greneral 
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. 
Reports. 
"(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 
50USC1801 
601(1) of this Act, is amended by striking out "other than title 
note. 
HI" 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. 
PUBLIC LAW 105-272—OCT. 20, 1998 
112 STAT. 2413 
'TITLE VI—EFFECTIVE DATE 
"601. Effective date.". 
SEC. 604. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION 
REQUIREMENTS. 
(a) IN GENERAL.—Section 2518(ll)(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)" afl;er "by reason of subsection (11)"; 
(2) by striking "the facilities from which, or"; and 
(3) by striking the comma following "where". 
SEC. 
6
0
5
. 
AUTHORITY 
OF 
ATTORNEY 
GENERAL 
TO 
ACCEPT 
VOLUNTARY 
SERVICES. 
Section 524(dXl) of title 28, United States Code, is amended 
by inserting "or services" after "property". 
TITLE VII—WHISTLEBLOWER PROTEC- intelligence 
TION F O R INTELLIGENCE 
COMMU- mS&er 
NITY EMPLOYEES REPORTING UR- S^r"""^'' 
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 Grovem-
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 
5 use app. 1 
note. 
5 use app. 8H 
note. 
112 STAT. 2414 
PUBLIC LAW 105-272—OCT. 20, 1998 
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 INTELUGENCE 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 £in urgent concern may report such complaint 
or information to the Inspector General. 
Deadline. 
"(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 complsdnt 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. 
Notification. 
"(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 
PUBLIC LAW 105-272—OCT. 20, 1998 
112 STAT. 2415 
to the complaint or information. Such notice shall be provided Deadline, 
not later than 3 days Eifter any such action is taken. 
"(F) An action taken by the Director or the Inspector Genergd 
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. 
"(Ill) 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- 
50 use 403q. 
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 
81 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 Feder^ 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)(CXii) of title 5, United States Code, to 
have as its principsd function the conduct of foreign intelligence 
or counterintelligence activities, who intends to report to Congress 
a complaint or information with respect to £in 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 complsdnt 
112 STAT. 2416 
PUBLIC LAW 105-272—OCT. 20, 1998 
or information to the Inspector General within 7 calendar days 
of receipt. 
Deadline. 
"(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. 
"(dXD 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. 
Notification. 
"(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 £in 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. 
PUBLIC LAW 105-272—OCT. 20, 1998 
112 STAT. 2417 
"(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 81 of such Act (as 
redesignated by paragraph (1)) is amended by striking out SUSCapp. 
"or 8E" and inserting in lieu thereof "BE, or 8H". 
Approved October 20, 1998. 
LEGISLATIVE HISTORY—H.R. 3694 (S. 2052): 
HOUSE REPORTS: Nos. 105-508 (Select Comm. on Intelligence) and 105-780 
(Comm. of Conference). 
SENATE REPORTS: No. 105-185 accompanying S. 20^2 (Select Comm. on Intel-
ligence). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
May 7, considered and passed House. 
June 26, considered and passed Senate, amended, in lieu of S. 2052. 
Oct. 7, House agreed to conference report. 
Oct. 8, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 20, Presidential statement. 
112 STAT. 2416 
PUBLIC LAW 105-272—OCT. 20, 1998 
or information to the Inspector General within 7 calendar days 
of receipt. 
Deadline. 
"(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. 
"(dXD 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. 
Notification. 
"(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 £in 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. 
PUBLIC LAW 105-272—OCT. 20, 1998 
112 STAT. 2417 
"(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 81 of such Act (as 
redesignated by paragraph (1)) is amended by striking out SUSCapp. 
"or 8E" and inserting in lieu thereof "BE, or 8H". 
Approved October 20, 1998. 
LEGISLATIVE HISTORY—H.R. 3694 (S. 2052): 
HOUSE REPORTS: Nos. 105-508 (Select Comm. on Intelligence) and 105-780 
(Comm. of Conference). 
SENATE REPORTS: No. 105-185 accompanying S. 20^2 (Select Comm. on Intel-
ligence). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
May 7, considered and passed House. 
June 26, considered and passed Senate, amended, in lieu of S. 2052. 
Oct. 7, House agreed to conference report. 
Oct. 8, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998): 
Oct. 20, Presidential statement. 
112 STAT. 2418 
PUBLIC LAW 105-273—OCT. 20, 1998 
Public Law 105-273 
105th Congress 
Joint Resolution 
Oct. 20, 1998 
Making further oontinuing appropriations for the fiscal year 1999, and for other 
(H.J. Res. 1371 
purposes. 
Resolved by the Senate and House of Representatives 
of the 
United States of America in Congress assembled. That section 106(c) 
Ante, pp. 1569, 
of Public Law 105-240 is ftirtiner amended by striking "October 
1868,1888,1901, 20,1998" and inserting in Ueu thereof "October 21,1998". 
1919. 
' 
*
* 
Approved October 20, 1998. 
LEGISLATIVE HISTORY—H 
J. Res. 137: 
CONGRESSIONAL RECORD, VoL 144 (1998): 
Oct. 19, considered and passed £b>use. 
Oct. 20, considered and passed Senate. 
PUBLIC LAW 105-274—OCT. 21, 1998 
112 STAT. 2419 
Public Law 105-274 
105th Congress 
An Act 
To make technical corrections to the National Capital Revitalization and Self-
Govemment Improvement Act of 1997 with respect to the courts and court system 
of the District of Columbia. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "District of Columbia Courts 
and Justice Technical Corrections Act of 1998". 
SEC. 2. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO 
JUDICIAL RETIREMENT PROGRAM. 
(a) ADMINISTRATION OF JUDICIAL RETIREMENT AND SURVIVORS 
ANNUITY FUND.—Section 11-1570, District of Columbia Code, as 
amended by section 11251 of the Balanced Budget Act of 1997, 
is amended as follows: 
(1) In subsection (b)(1)— 
(A) by striking "title I of the National 
Capital 
Revitalization and Self-Crovernment Improvement Act of 
1997" and inserting "subtitle A of title AI of the Bstleinced 
Budget Act of 1997'^ and 
(B) by inserting after the second sentence the following 
new sentences: "Notwithstanding any other provision of 
District law or any other law, rule, or regulation, any 
Trustee, contractor, or enrolled actuary selected by the 
Secretary under this subsection may, with the approval 
of the Secretary, enter into one or more subcontracts with 
the District of Colimibia government or any person to pro-
vide services to such Trustee, contractor, or enrolled actu-
ary in connection with its performance of its agreement 
with the Secretary. Such Trustee, contractor, or enrolled 
actuary shall monitor the performance of any subcontract 
to which it is a party £ind enforce its provisions.". 
(2) In subsection (b)(2)— 
(A) by striking "chief judges of the District of Columbia 
Court of Appeals and Superior Court of the District of 
Columbia" and inserting "Secretary"; 
(B) by striking "and the Secretary'; 
(C) by striking "and appropriations"; and 
(D) by striking "and deficiency". 
(3) By amending subsection (c) to read as follows: 
"(c)(1) Amounts in the Fund sire available— 
"(A) for the pajonent of jud^^es retirement pay, annuities, 
refunds, and allowances under this subchapter; 
Oct. 21, 1998 
[H.R. 4566] 
District of 
Columbia Cotirts 
and Justice 
Technical 
Corrections Act 
of 1998. 
5 use 8401 note. 
112 STAT. 2420 
PUBLIC LAW 105-274—OCT. 21, 1998 
"(B) to cover the reasonable and necessary expenses of 
administering the Fund under any agreement entered into 
with a Trustee, contractor, or enrolled actuary under subsection 
(b)(1), including any £^eement with a department, agency, 
or instrumentality of the United States; and 
"(C) to cover the reasonable and necessaiy administrative 
expenses incurred by the Secretary in can^dng out tiie Sec-
retary's responsibilities under this subchapter. 
"(2) Notwithstanding any other provision of District law or 
any other law (other than me Internal Revenue Code of 1986), 
rule, or regulation— 
"U^) the Secretary may review benefit determinations under 
this subchapter made prior to the date of the enactment of 
the Balanced Budget Act of 1997, and shall make initial benefit 
determinations after such date; and 
"(B) the Secretary may recoup or recover, or waive 
recoupment or recovery of, any amounts paid under this sub-
chapter as a result of errors or omissions by any person.". 
(4) In subsection (d)(1)— 
(A) by striking "Subject to the availability of appropria-
tions, there shall be deposited into the Fund' and inserting 
"The Secretary shall pay into the Fund from the General 
Fund of the Treasury'; and 
(B) by striking "(beginning with the first fiscal year 
which ends more than 6 months after the replacement 
plan adoption date described in section 103(13) of the 
National 
Capital 
Revitalization 
and Self-CJovemment 
Improvement Act of 1997)". 
(5) In subsection (d)(2)(A)— 
(A) by striking "June 30, 1997" and inserting 
"September 30,1997'^; and 
(B) by striking "net the sum of future normal cost" 
and inserting "net of the sum of the present value of 
future normal costs". 
(6) In subsection (d)(3), by striking "shall be taken from 
sums available for that fiscal year for the payment of the 
expenses of the Court, and". 
(7) By adding at the end the following new subsections: 
"(h) For purposes of the Employee Retirement Income Security 
Act of 1974, the benefits provided by the Fund shall be treated 
as benefits provided under a governmental plan maintained by 
the District of Columbia. 
"(i) Federal obUgations for benefits imder this subchapter are 
backed by tiie full faith and credit of the United States.". 
(b) REGULATORY AUTHORITY OP SECRETARY.—Section 11251 of 
the Balanced Budget Act of 1997 (PubHc Law 105-33; 111 Stat. 
756) is amended— 
(1) by redesignating subsection (b) as subsection (c); 
(2) by inserting after subsection (a) the following new sub-
section: 
"(b) REGULATIONS; EFFECT ON REFORM ACT.—Title 11, District 
of Columbia Code, is amended by adding the following new section: 
'§ 11-1572. Regulations; e£fect on Reform Act. 
'(a) The Secretary is authorized to issue regulations to imple-
ment, interpret, administer, and czury out the purposes of this 
subchapter, and, in the Secretary's (uscretion, those regulations 
PUBLIC LAW 105-274^OCT. 21, 1998 
112 STAT. 2421 
may have retroactive effect, except that nothing in this subsection 
may be construed to permit the Secretary to issue any regulation 
to retroactively reduce or eliminate the benefits to which any 
individual is entitled imder this subchapter. 
'(b) This subchapter siipersedes any provision of the District 
of Columbia Retirement Reform Act (Pubhc Law 96-122) inconsist-
ent with this subchapter £uid the regulations thereimder.'."; £ind 
(3) by amending subsection (c) (as so redesignated) to read 
as follows: 
"(c) CLERICAL AMENDMENTS.— 
"(1) The table of sections for subchapter III of chapter 
15 of title 11, District of Columbia Code, is amended by amend-
ing the item relating to section 11-1570 to read as follows: 
'11-1570. The District of Columbia Judicial Retirement and Survivors Annuity 
Fund.'. 
"(2) The table of sections for subchapter III of chapter 
15 of title 11, District of Columbia Code, is amended by adding 
at tiie end the following new item: 
'11-1572. Regulations; effect on Reform Act.'.". 
(c) TERMINATION OF PREVIOUS FUND AND PROGRAM.—Section 
124 of the District of Columbia Retirement Reform Act (DC Code, 
sec. 1-714), as amended by section 11252(a) of the Balanced Budget 
Act of 1997, is amended— 
(1) in subsection (a), by inserting "(except as provided in 
section 11-1570, District of Columbia Code)" after "the 
following"; 
(2) in subsection (c)(1), by striking "title I of the National 
Capital RevitaUzation and Self-Grovemment Improvement Act 
of 1997" and inserting "subtitle A of title XI oi the Balanced 
Budget Act of 1997"; and 
(3) in subsection (cX2)— 
(A) by striking "(2) The" and inserting "(2) In 
accordance with the direction of the Secretary, the"; 
(B) by striking "in the Treasury" and inserting "at 
the Board ; and 
(C) by striking "appropriated" and inserting "used". 
(d) ADMINISTRATION OP RETIREMENT FUNDS.—Section 
11252 
of the Balanced Budget Act of 1997 is amended— 
ill Stat. 758. 
(1) by redesignating subsection (b) as subsection (c); 
(2) by inserting after subsection (a) the following new 
subsection: 
"(b) TRANSITION PROM DISTRICT OP COLUMBIA ADMINISTRA- Applicability. 
TION.—Sections 11023, 11032(b)(2), 11033(d), and 11041 shall apply 
to the administration of the District of Columbia Judges Retirement 
Fund established imder section 124 of the District of Columbia 
Retirement Reform Act (D.C. Code, sec. 1-714), the District of 
Columbia Judicial Retirement and Survivors Annuity Fund estab-
lished imder section 11-1570, District of Columbia Code, and tiie 
retirement program for judges under subchapter III of chapter 
15 of title 11, District of Colvunbia Code, except as follows: 
"(1) In applying each such section— 
"(A) any reference to this subtitle shall instead refer 
to subchapter III of chapter 15 of title 11, District of 
Columbia Code; 
"(B) any reference to the District Retirement Program 
shall be deemed to include the retirement program for 
112 STAT. 2422 
PUBLIC LAW 105-274—OCT. 21, 1998 
judges under subchapter III of chapter 15 of title 11, 
District of Columbia Code; 
"(C) any reference to the District Retirement Fund 
shall be deemed to include the District of Columbia Judges 
Retirement Fund established under section 124 of the 
District of Columbia Retirement Reform Act; 
"(D) any reference to Federal benefit payments shall 
be deemed to include judges retirement pay, annuities, 
refunds, and allowances under subchapter in of chapter 
15 of title 11, District of Columbia Code; 
"(E) any reference to the Trust Fund shall instead 
refer to the District of Columbia Judicial Retirement and 
Survivors Annuity Fund established imder section 11-1570, 
District of Columbia Code; 
"(F) any reference to section 11033 shall instead refer 
to section 124 of the District of Columbia Retirement 
Reform Act, as amended by section 11252; and 
"(G) any reference to chapter 2 shall instead refer 
to section 11-1570, District of Columbia Code. 
"(2) In applying section 11023— 
"(A) any reference to the contract shall instead refer 
to the agreement referred to in section ll-1570(b), District 
of Columbia Code; and 
"(B) any reference to the Trustee shall instead refer 
to the Trustee or contractor referred to in section 11-
1570(b), District of Columbia Code. 
"(3) In applying section 11033(d)— 
"(A) any reference to this section shall instead refer 
to section 124 of the District of Columbia Retirement 
Reform Act, as amended by section 11252; and 
"(B) any reference to tJie Trustee shall instead refer 
to the Secretary or the Trustee or contractor referred to 
in section ll-1570(b), District of Columbia Code. 
"(4) In applying section 11041(b), any reference to the 
Trustee shall instead refer to the Trustee or contractor referred 
to in section ll-1570(b). District of Columbia Code."; and 
(3) by adding at the end the following new subsection: 
"(d) EFFECTIVE DATE.—The provisions of subsection (c) shall 
take effect on the date on which the assets of the District of 
Columbia Judges Retirement Fund are transferred to the District 
of Columbia Judicial Retirement and Survivors Annuity Fund.". 
(e) MISCELLANEOUS TECHNICAL AND CLERICAL AMENDMENTS.— 
(1) Sections ll-1568(d) and 11-1569, District of Columbia Code, 
are each amended by striking "Mayor^' each place it appears and 
inserting "Secretary of the Treasmy. 
(2) Section 11-1568.2, District of Columbia Code, is amended 
by striking "Mayor of the District of Colimibia" each place it appears 
and inserting "Secretary of the Treasurj^. 
(3) Section 121(bXl)(A) of the District of Columbia Retirement 
Reform Act (D.C. Code, sec. 1-711(b)(1)(A)), as amended by section 
11252(c)(1) of the Balanced Budget Act of 1997 (as redesignated 
by subsection (d)(1)), is amended in the matter preceding clause 
(i), by striking "11" and inserting "12". 
(4) Section 11-1561(4), District of Columbia Code, as amended 
by section 11253(b) of tlie Balanced Budget Act of 1997, is amended 
by striking "sections" and inserting "section". 
PUBLIC LAW 105-274—OCT. 21, 1998 
112 STAT. 2423 
(5) Section 11253(c) of the Balanced Budget Act of 1997 (Public 
Law 105-33; 111 Stat. 759) is amended to read as follows: 
"(c) TREATMENT OP FEDERAL SERVICE OP JUDGES.—Section 
11-1564, District of Columbia Code, is amended— 
"(1) in subsection (d)(2XA), by striking 'section 1-1814)' 
and inserting 'section 1-714) or the District of Columbia 
Judicial Retirement and Survivors Annuity Fund (estabhshed 
by section 11-1570)'; and 
"(2) in subsection (d)(4), by striking 'Judges Retirement 
Fimd established by section 124(a) of the District of Columbia 
Retirement Reform Act' and inserting 'Judicial Retirement and 
Survivors Annuity Fund under section 11-1570'.". 
(6) Section 11253 of the Balanced Budget Act of 1997 (Public 
Law 105-33; 111 Stat. 759) is amended by adding at the end 
the following new subsection: 
"(d) REDEPOSITS TO FUND.—Section 11-1568.1(4)(A), District 
of Columbia Code, is amended by striking 'Judges Retirement Fund' 
and inserting 'Judicial Retirement and Survivors Annuity Fund'.". 
(f) EFFECTIVE DATE.—The amendments made by subsections 
(a)(2), (a)(4), and (a)(6) shall take effect October 1,1998. 
SEC. 3. RETIREMENT ELECTION FOR CERTAIN FORMER EMPLOYEES 
OF THE DISTRICT OF COLUMBIA. 
(a) IN GENERAL.—^Notwithstanding any provision of the District 
of Columbia Code, or of chapter 83 or chapter 84 of title 5, United 
States Code, a former employee of the District of Columbia who 
is hired by the Department of Justice, or by the agency estabhshed 
by section 11233(a) of the Balanced Budget Act of 1997 (hereafter 
in this section referred to as the "Agency"), on or after Au^st 
5, 1997, may elect, within 60 days after the issuance of reg^ulations 
{lursuant to subsection (c), or within 60 dajrs of being hired, if 
ater, to be covered by the retirement system of the District of 
Colimibia under which the person was most recently covered. No 
election imder this subsection may be made by a person who is 
hired more than one year after the date on which the Lorton 
Correctional Complex is closed, or more than one year after the 
date on which the Agency assumes its duties, whichever is later. 
(b) PERIOD OF ELECTION,—The election authorized by subsection 
(a) shall remain in force until the employee is no longer employed 
by the s^ency in which he or she was employed at the time the 
election was made. 
(c) REGULATIONS.—^The election authorized by subsection (a) 
shall be in accordance with regulations issued by the Office of 
Personnel Management after consulting with tlie Department of 
Justice, the Agency, and the government of the District of Columbia. 
The government of the District of Columbia shall administer the 
retirement coverage for any employee making such an election. 
SEC. 4. LEAVE FOR CERTAIN FORMER EMPLOYEES OF THE DISTRICT 
OF COLUMBIA. 
(a) IN GENERAL.—^Notwithstanding any provision of law, a 
former employee of the District of Columbia who is hired by the 
Department of Justice, or by the agency estabhshed by section 
11233(a) of the Balanced Budget Act of 1997 (hereafter in this 
section referred to as the "Agency"), on or after August 5, 1997, 
shall— 
112 STAT. 2424 
PUBLIC LAW 105-274—OCT. 21, 1998 
(1) in determining the rate of accrual of annual leave 
under section 6303 of title 5, United States Code, be entitled 
to credit for service as an employee of the District of Columbia; 
(2) to the extent that the employee has not used or other-
wise been compensated for annual leave accrued as an employee 
of the District of Columbia, have all such accrued annual leave 
transferred, in accordance with the procedures established 
under section 6308 of title 5, United States Code, to the credit 
of the employee in the new emplo3ring agency; and 
(3) to the extent the employee has not used or otherwise 
been compensated for sick leave accrued as an employee of 
the District of Columbia, have all such accrued sick leave 
transferred, in accordance with the procedures estabUshed 
under section 6308 of title 5, United States Code, to the credit 
of the employee in the new employing agency, 
(b) TERMINATION.—Subsection (a) is not applicable to any 
former employee of the District of Columbia who is hired by the 
Department of Justice or the Agency more than one year after 
the date on which the Lorton Correctional Complex is closed, or 
more than one year after the date on which the Agency assumes 
its duties, whichever is later. 
SEC. 6. CLARIFICATION OF PROVISIONS RELATING TO PRIORITY 
CONSIDERATION FOR SEPARATED EMPLOYEES OF THE 
DISTRICT OF COLUMBIA DEPARTMENT OF CORREC-
TIONS. 
(a) IN GENERAL.-^ection 11203(b) of the Balanced Budget Act 
111 Stat. 738. 
of 1997 (D.C. Code, sec. 24-1203(b)) is amended by amendmg the 
second sentence to read as follows: 'The priority consideration pro-
gram shall also include provisions under which an employee 
described in subsection (a) who has not been appointed to a Federal 
Bureau of Prisons law enforcement position and who appUes for 
anotiier Federal position in the competitive service shall receive 
priority consideration and may be given a competitive service 
appointment noncompetitively to such a competitive service posi-
tion.". 
(b) RELOCATION ALLOWANCE.—Section 11203(b) of such Act 
(D.C. Code, sec. 24-1203(b)) is amended by inserting after the 
second sentence the following: "The Director of the Bureau of Pris-
ons may provide a relocation sdlowance to any individual who 
is hired by the Director under the program established under this 
section for a position outside of the Wasning^n MetropoUtan Area.". 
(c) 
EFFECTIVE 
DATE; 
TREATMENT OF INDIVIDUALS GIVEN 
PRIORITY PRIOR TO ENACTMENT.—(1) The amendment made by sub-
section (a) shall take effect on the date of the enactment of tiiis 
Act. 
(2) Individuals who have been appointed with excepted service 
appointments imder section 11203(b) of tiie Balanced Budget Act 
of 1997 prior to the date of the enactment of this Act shall be 
convertea noncompetitively to competitive service appointments in 
their current positions. 
SEC. 6. TECHNICAL AND CONFORMING AMENDMENTS RELATING TO 
DISTRICT OF COLUMRIA COURTS. 
(a) AUTHORITY OP JOINT COMMITTEE ON JUDICIAL ADMINISTRA-
TION TO EXCLUDE TEMPORARY EMPLOYEES FROM FERS.—Section 
8402(c) of title 5, United States Code, is amended by adding at 
the end the following: 
PUBLIC LAW 105-274—OCT. 21, 1998 
112 STAT. 2425 
"(9) The Joint Committee on Judicial Administration in the 
District of Columbia may exclude from the operation of this chapter 
an employee of the District of Columbia Courts whose emplojrment 
is temporary or of uncertain duration.". 
(b) REPEAL OF FUNDING THROUGH STATE JUSTICE INSTITUTE.— 
(1) FUNDING OF COURTS.—Section 11241(a) of the Balanced 
Budget Act of 1997 (D.C. Code, sec. 11-1743 note) and section 
Ul Stat. 751. 
11-2608, District of Columbia Code (as amended by section 
11262(b) of the Balanced Budget Act of 1997) are each amended 
by striking "through the State Justice Institute" and inserting 
"for payment to the Joint Committee on Judicial Administration 
in the District of Colimibia". 
(2) FUNDING OF OTHER AGENCIES.—Section 11234 of such 
Act (D.C. Code, sec. 24-1234) is amended by striking "through 
ill Stat. 751. 
the State Justice Institute". 
(c) 
OTHER 
MISCELLANEOUS TECHNICAL AND CONFORMING 
AMENDMENTS.—(1) Section 11241(b) of the Balanced Budget Act 
of 1997 (D.C. Code, sec. 11-1743 note) is amended by striking 
"Superior Court for" and inserting "Superior Court of. 
(2)(A) Section 1 of the Act entitled "An Act for the establishment 
of a probation system for the District of Columbia", approved June 
25, 1910 (36 Stat. 864), as amended and reenacted by the Act 
entitled "An Act to amend and reenact an Act for the establishment 
of a probation system for the District of Colimibia", approved March 
4, 1919 (40 Stat. 1324-25; D.C. Code, sec. 24-101), is repealed. 
(B) Section 5 of the Act entitled "Ai Act for the estabhshment 
of a probation system for the District of Columbia", approved June 
25, 1910 (36 Stat. 865), as amended and reenacted by the Act 
entitled "An Act to amend and reenact an Act for the estabhshment 
of a probation system for the District of Columbia", approved March 
14, 1919 (40 Stat. 1324-25; D.C. Code, sec. 24-105), is repealed. 
SEC. 7. DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE. 
(a) 
REMOVING SERVICE FROM JURISDICTION OF OFFENDER 
SUPERVISION TRUSTEE AND AGENCY.— 
(1) AUTHORITY OF TRUSTEE.—Section 11232(b)(2) of the 
Balanced Budget Act of 1997 (D.C. Code, sec. 24-1232(b)(2)) 
ill Stat. 746. 
is amended by striking ", except that" and all that follows 
through "Service". 
(2) AUTHORITY OF AGENCY.—Section 11233(e) of such Act ill Stat. 748. 
(D.C. Code, sec. 24-1233(e)) is amended as follows: 
(A) In the subsection heading strike "AND PUBLIC 
DEFENDER SERVICE". 
(B) Amend paragraph (1) to read as follows: 
"(1) 
INDEPENDENT ENTITY.—The District, of Columbia 
Pretrial Services Agency established by subchapter I of chapter 
13 of title 23, District of Columbia Code shall function as 
an independent entity within the .Agency.". 
(C) Strike paragraph (3) and redesignate p£u*agraphs 
(4) and (5) as paragraphs (3) and (4). 
(D) In paragraph (3) (as so redesignated)— 
(i) strSie ", the District of Colimibia PubUc 
Defender Service,"; and 
(ii) strike "or the District of Columbia Public 
Defender Service". 
112 STAT. 2426 
PUBLIC LAW 105-274—OCT. 21, 1998 
(E) In paragraph (4)(A) (as so redesignated), strike 
"and tihe District of Columbia Public Defender Service" 
each place it appears. 
(3) AUTHORIZATION OP APPROPRIATIONS,—Section 11234 of 
111 Stat. 751. 
such Act (D.C. Code, sec. 24-1234) is amended by striking 
paragraph (2) and redesignating the succeeding paragraphs 
accordingly. 
(4) PERMITTING TRUSTEE TO EXERCISE AUTHORITIES ON 
BEHALF OP SERVICE AT REQUEST OP DIRECTOR OP THE SERVICE.— 
111 Stat. 746. 
Section 11232 of such Act (D.C. Code, sec. 24-1232) is amended 
by adding at the end the following new subsection: 
"(i) EXERCISE OP AUTHORITY ON BEHALP OP PUBLIC DEFENDER 
SERVICE.—^At the request of the Director of the District of Columbia 
PubUc Defender Service, the Trustee may exercise any of the powers 
and authorities of the Trustee on behalf of such Service in the 
same manner and to the same extent as the IVustee may exercise 
such powers and authorities in relation to any agency described 
in subsection (b).". 
(b) REVISING NAME OF TRUSTEE.— 
(1) IN GENERAL.—Section 11232 of the Balanced Budget 
Act of 1997 (D.C. Code, sec. 24-1233) is amended— 
(A) in the heading, by striking "DEFENSE SERV-
ICES,"; and 
(B) in subsection (a)(1), by striking "Defense Services,". 
(2) CLERICAL AMENDMENT.—The table of contents for title 
XI of the Balanced Budget Act of 1997 is amended in the 
item relating to section 11232 by striking "Defense Services,". 
(c) REVISING NAME OP AGENCY.— 
(1) IN GENERAL.—Section 11233 of the Balanced Budget 
111 Stat. 748. 
Act of 1997 (D.C. Code, sec. 24-1233) is amended— 
(A) in the heading, by striking "OFFENDER SUPER-
VISION, DEFENDER AND COURTS SERVICES" and 
inserting 
"COURT 
SERVICES 
AND 
OFFENDER 
SUPERVISION"; and 
(B) in subsection (a), by striking "the District of Colum-
bia Offender Supervision, Defender, and Courts Services 
Agency" and inserting "iJie Court Services and Offender 
Supervision Agency for the District of Columbia". 
(2) CONFORMING AMENDMENTS.—(A) Section 11231 of the 
111 Stat. 745. 
Balanced Budget Act of 1997 (D.C. Code, sec. 24-1231) is 
Eunended bv striking "the District of Colimibia Offender Super-
vision, Defender, and Courts Services Agency" each place it 
appears in subsections (a)(2), (a)(3), and (b) and inserting "the 
Court Services and Offender Supervision Agency for the District 
of Columbia". 
(B) Section 11232 of such Act (D.C. Code, sec. 24-1232) 
is amended by striking "the District of Columbia Offender 
Supervision, Defender, and Courts Services Agency" each place 
it appears in subsections (b) and (h) and inserting "the (Jourt 
Services and Offender Supervision Agency for the District of 
Columbia". 
(C) Section 23-1304(a), District of Columbia Code (as 
amended by section 11271(a) of the Balanced Budget Act of 
1997) is amended by striking "the District of Columbia Offender 
Supervision, Defender, and Courts Services Agency" and insert-
ing "the Court Services and Offender Supervision Agency for 
the District of Columbia". 
PUBLIC LAW 105-274—OCT. 21, 1998 
112 STAT. 2427 
(D) Section 23-1307, District of Columbia Code (as 
amended by section 11271(a) of the Balanced Budget Act of 
1997) is amended— 
(i) by striking "(a)"; and 
(ii) by strilang "the District of Columbia Offender 
Supervision, Defender, and Courts Services Agency" and 
inserting "the Court Services and Offender Supervision 
Agency for the District of Columbia". 
(E) Section 23-1308, District of Columbia Code (as amend-
ed by section 11271(a) of the Balanced Budget Act of 1997) 
is amended by striking "the District of Columbia Offender 
Supervision, Defender, and Courts Services Agency" each place 
it appears and inserting "the Court Services and Offender 
Supervision Agency for the District of Columbia". 
(3) CLERICAL AMENDMENT.—The table of contents for title 
XI of the Balanced Budget Act of 1997 is amended in the ill Stat 714. 
item relating to section 11233 by striking "Offender Super-
vision, Defender and Courts Services" and inserting "Court 
Services and Offender Supervision". 
(d) 
REPEAL OF CERTAIN AMENDMENTS AFFECTING PUBLIC 
DEFENDER SERVICES.—Section 11272 of the Balanced Budget Act 
of 1997 (Public Law 105-33; 111 Stat. 762) is hereby repealed, 
and any provision of law amended or repealed by such section 
shall be restored or revived as if such section had not been enacted 
into law. 
(e) TRANSFER OF EMPLOYEES OF SERVICE TO FEDERAL RETIRE-
MENT AND BENEFIT PROGRAMS.— 
(1) IN GENERAL.—Section 305 of the District of Columbia 
Court Reform and Criminal Procedure Act of 1970 (D.C. Code, 
sec. 1-2705) is amended by inserting at the end the following: 
"(cXD Employees of the Service shall be treated as employees 
of the Federal Government solely for purposes of any of the following 
provisions of title 5, United States Code: subchapter 1 of chapter 
81 (relating to compensation for work injuries), chapter 83 (relating 
to retirement), chapter 84 (relating to Federsd Employees' Retire-
ment System), chapter 87 (relating to life insurance), and chapter 
89 (relating to health insurance). 
"(2) The Service shall make contributions under the provisions 
referred to in paragraph (1) at the same rates applicable to agencies 
of the Federal Government. 
"(3) An individual who is an employee of the Service on the 
date of the enactment of this subscKrtion may make, within 60 
days after the issuance of regulations under paragraph (4), an 
election under section 8351 or 8432 of title 5, United States Code, 
to participate in the Thrift Savings Plan for Federal employees. 
"(4) This subsection shall apply with respect to all months ^plicability. 
beginning after the date on which the Director of the Office of Regulations. 
Personnel Management'issues regulations to carry out this sub-
section. 
"(5) For purposes of vesting pursuant to section 2610(b) of 
the District of Columbia Government Comprehensive Merit Person-
nel Act of 1978 (D.C. Code, sec. 1-627.10(b)), creditable service 
with the District for employees whose participation in the District 
Defined Contribution Plan ceases as a result of implementation 
of this subsection shall include service performed tnereafter for 
the Service.".