[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3694 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
June 26, 1998.
Resolved, That the bill from the House of Representatives (H.R.
3694) entitled ``An Act to authorize appropriations for fiscal year
1999 for intelligence and intelligence-related activities of the United
States Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 1999''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL PROVISIONS
Sec. 301. Increase in employee compensation and benefits authorized by
law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. Extension of application of sanctions laws to intelligence
activities.
Sec. 304. Extension of authority to engage in commercial activities as
security for intelligence collection
activities.
Sec. 305. Modification of National Security Education Program.
Sec. 306. Technical amendments.
Sec. 307. Authority to direct competitive analysis of analytical
products having national importance.
Sec. 308. Annual study and report on the safety and security of Russian
nuclear facilities and nuclear military
forces.
Sec. 309. quadrennial intelligence review.
Sec. 310. Designation of Headquarters Building of Central Intelligence
Agency as the George Herbert Walker Bush
Center for Central Intelligence.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
Sec. 401. Extension of separation pay program for voluntary separation
of CIA employees.
Sec. 402. Additional duties for Inspector General of Central
Intelligence Agency.
TITLE V--DISCLOSURE OF INFORMATION TO CONGRESS
Sec. 501. Encouragement of disclosure of certain information to
Congress.
TITLE VI--FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM
INVESTIGATIONS
Sec. 601. Pen registers and trap and trace devices in foreign
intelligence and international terrorism
investigations.
Sec. 602. Access to certain business records for foreign intelligence
and international terrorism investigations.
Sec. 603. Conforming and clerical amendments.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 1999
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Central Intelligence Agency.
(2) The Department of Defense.
(3) The Defense Intelligence Agency.
(4) The National Security Agency.
(5) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(6) The Department of State.
(7) The Department of the Treasury.
(8) The Department of Energy.
(9) The Federal Bureau of Investigation.
(10) The National Reconnaissance Office.
(11) The National Imagery and Mapping Agency.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts and Personnel Ceilings.--The amounts
authorized to be appropriated under section 101, and the authorized
personnel ceilings as of September 30, 1999, for the conduct of the
intelligence and intelligence-related activities of the elements listed
in such section, are those specified in the classified Schedule of
Authorizations prepared to accompany the conference report on the bill
H.R. 3694 of the One Hundred Fifth Congress.
(b) Availability of Classified Schedule of Authorizations.--The
Schedule of Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and to the
President. The President shall provide for suitable distribution of the
Schedule, or of appropriate portions of the Schedule, within the
Executive Branch.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Adjustments.--With the approval of the Director
of the Office of Management and Budget, the Director of Central
Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 1999 under section 102 when
the Director of Central Intelligence determines that such action is
necessary to the performance of important intelligence functions,
except that the number of personnel employed in excess of the number
authorized under such section may not, for any element of the
intelligence community, exceed two percent of the number of civilian
personnel authorized under such section for such element.
(b) Notice to Intelligence Committees.--The Director of Central
Intelligence shall promptly notify the Permanent Select Committee on
Intelligence of the House of Representatives and the Select Committee
on Intelligence of the Senate whenever the Director exercises the
authority granted by this section.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--
(1) Authorization.--There is authorized to be appropriated
for the Community Management Account of the Director of Central
Intelligence for fiscal year 1999 the sum of $173,633,000.
(2) Availability of certain funds.--Within such amount,
funds identified in the classified Schedule of Authorizations
referred to in section 102(a) for the Advanced Research and
Development Committee, the Advanced Technology Group, and the
Environmental Intelligence and Applications Program shall
remain available until September 30, 2000.
(b) Authorized Personnel Levels.--The elements within the Community
Management Account of the Director of Central Intelligence are
authorized a total of 283 full-time personnel as of September 30, 1999.
Personnel serving in such elements may be permanent employees of the
Community Management Account element or personnel detailed from other
elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Community
Management Account by subsection (a), there is also authorized
to be appropriated for the Community Management Account for
fiscal year 1999 such additional amounts as are specified in
the classified Schedule of Authorizations referred to in
section 102(a). Such additional amounts shall remain available
until September 30, 2000.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Community Management Account as of September 30, 1999, there is
hereby authorized such additional personnel for such elements
as of that date as is specified in the classified Schedule of
Authorizations.
(d) Reimbursement.--Except as provided in section 113 of the
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year
1999, any officer or employee of the United States or member of the
Armed Forces who is detailed to the staff of an element within the
Community Management Account from another element of the United States
Government shall be detailed on a reimbursable basis, except that any
such officer, employee, or member may be detailed on a nonreimbursable
basis for a period of less than one year for the performance of
temporary functions as required by the Director of Central
Intelligence.
(e) National Drug Intelligence Center.--
(1) In general.--Of the amount authorized to be
appropriated in subsection (a), the amount of $27,000,000 shall
be available for the National Drug Intelligence Center. Within
such amount, funds provided for research, development, test,
and evaluation purposes shall remain available until September
30, 2000, and funds provided for procurement purposes shall
remain available until September 30, 2001.
(2) Transfer of funds.--The Director of Central
Intelligence shall transfer to the Attorney General of the
United States funds available for the National Drug
Intelligence Center under paragraph (1). The Attorney General
shall utilize funds so transferred for the activities of the
Center.
(3) Limitation.--Amounts available for the Center may not
be used in contravention of the provisions of section 103(d)(1)
of the National Security Act of 1947 (50 U.S.C. 403-3(d)(1)).
(4) Authority over center.--Notwithstanding any other
provision of law, the Attorney General shall retain full
authority over the operations of the Center.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 1999 the sum of
$201,500,000.
TITLE III--GENERAL PROVISIONS
SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 303. EXTENSION OF APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE
ACTIVITIES.
Section 905 of the National Security Act of 1947 (50 U.S.C. 441d)
is amended by striking out ``January 6, 1999'' and inserting in lieu
thereof ``January 6, 2000''.
SEC. 304. EXTENSION OF AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVITIES AS
SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES.
Section 431(a) of title 10, United States Code, is amended in the
second sentence by striking out ``December 31, 1998'' and inserting in
lieu thereof ``December 31, 2000''.
SEC. 305. MODIFICATION OF NATIONAL SECURITY EDUCATION PROGRAM.
(a) Assistance for Counterproliferation Studies.--The David L.
Boren National Security Education Act of 1991 (50 U.S.C. 1901 et seq.)
is amended as follows:
(1) In section 801 (50 U.S.C. 1901), by inserting
``counterproliferation studies,'' after ``area studies,'' each
place it appears in subsections (b)(7) and (c)(2).
(2) In section 802 (50 U.S.C. 1902)--
(A) by inserting ``counterproliferation studies,''
after ``area studies,'' each place it appears in
paragraphs (1)(B)(i), (1)(C), and (4) of subsection
(a); and
(B) by inserting ``counterproliferation study,''
after ``area study,'' each place it appears
subparagraphs (A)(ii) and (B)(ii) of subsection (b)(2).
(3) In section 803(b)(8) (50 U.S.C. 1903(b)(8)), by
striking out ``and area'' and inserting in lieu thereof ``area,
and counterproliferation''.
(4) In section 806(b)(1) (50 U.S.C. 1906(b)(1)), by
striking out ``and area'' and inserting in lieu thereof ``area,
and counterproliferation''.
(b) Revision of Membership of National Security Education Board.--
Section 803(b) of that Act (50 U.S.C. 1903(b)) is further amended--
(1) by striking out paragraph (6); and
(2) by inserting in lieu thereof the following new
paragraph (6):
``(6) The Secretary of Energy.''.
SEC. 306. TECHNICAL AMENDMENTS.
(a) Central Intelligence Agency Act of 1949.--(1) Section 5(a)(1)
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f(a)(1))
is amended--
(A) by striking out ``subparagraphs (B) and (C) of section
102(a)(2), subsections (c)(5)'' and inserting in lieu thereof
``paragraphs (2) and (3) of section 102(a), subsections
(c)(6)''; and
(B) by striking out ``(50 U.S.C. 403(a)(2)'' and inserting
in lieu thereof ``(50 U.S.C. 403(a)''.
(2) Section 6 of that Act (50 U.S.C. 403g) is amended by striking
out ``section 103(c)(5) of the National Security Act of 1947 (50 U.S.C.
403-3(c)(5))'' and inserting in lieu thereof ``section 103(c)(6) of the
National Security Act of 1947 (50 U.S.C. 403-3(c)(6))''.
(b) Central Intelligence Agency Retirement Act.--Section 201(c) of
the Central Intelligence Agency Retirement Act (50 U.S.C. 2011(c)) is
amended by striking out ``section 103(c)(5) of the National Security
Act of 1947 (50 U.S.C. 403-3(c)(5))'' and inserting in lieu thereof
``section 103(c)(6) of the National Security Act of 1947 (50 U.S.C.
403-3(c)(6))''.
SEC. 307. AUTHORITY TO DIRECT COMPETITIVE ANALYSIS OF ANALYTICAL
PRODUCTS HAVING NATIONAL IMPORTANCE.
Section 102(g)(2) of the National Security Act of 1947 (50 U.S.C.
403(g)(2)) is amended--
(1) by redesignating subparagraphs (D) and (E) as
subparagraphs (E) and (F), respectively; and
(2) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) direct competitive analysis of analytical products
having National importance;''.
SEC. 308. ANNUAL STUDY AND REPORT ON THE SAFETY AND SECURITY OF RUSSIAN
NUCLEAR FACILITIES AND NUCLEAR MILITARY FORCES.
(a) Annual Study.--The Director of Central Intelligence shall, on
an annual basis, conduct a study of the safety and security of the
nuclear facilities and nuclear military forces in Russia.
(b) Annual Reports.--(1) The Director shall, on an annual basis,
submit to the committees referred to in paragraph (4) an intelligence
report assessing the safety and security of the nuclear facilities and
nuclear military forces in Russia.
(2) Each report shall include a discussion of the following:
(A) The ability of the Russia Government to maintain its
nuclear military forces.
(B) Security arrangements at civilian and military nuclear
facilities in Russia.
(C) The reliability of controls and safety systems at
civilian nuclear facilities in Russia.
(D) The reliability of command and control systems and
procedures of the nuclear military forces in Russia.
(3) Each report shall be submitted in unclassified form, but may
contain a classified annex.
(4) The committees referred to in paragraph (1) are the following:
(A) The Select Committee on Intelligence, Committee on
Armed Services, and Committee on Foreign Relations of the
Senate.
(B) The Permanent Select Committee on Intelligence,
Committee on National Security, and Committee on International
Relations of the House of Representatives.
SEC. 309. QUADRENNIAL INTELLIGENCE REVIEW.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Director of Central Intelligence and the Secretary
of Defense should jointly complete, in 1999 and every 4 years
thereafter, a comprehensive review of United States
intelligence programs and activities;
(2) each review under paragraph (1) should--
(A) include assessments of intelligence policy,
resources, manpower, organization, and related matters;
and
(B) encompass the programs and activities funded
under the National Foreign Intelligence Program (NFIP),
the Joint Military Intelligence Program (JMIP), and the
Tactical Intelligence and Related Activities (TIARA)
accounts;
(3) the results of each review should be shared with the
appropriate committees of Congress; and
(4) the Director, in conjunction with the Secretary, should
establish a nonpartisan, independent panel (with members chosen
in consultation with the committees referred to in subsection
(b)(2) from individuals in the private sector) in order to--
(A) assess each review under paragraph (1);
(B) conduct an assessment of alternative
intelligence structures to meet the anticipated
intelligence requirements for the national security and
foreign policy of the United States through the year
2010; and
(C) make recommendations to the Director and the
Secretary regarding the optimal intelligence structure
for the United States in light of the assessment under
subparagraph (B).
(b) Report.--(1) Not later than August 15, 1998, the Director and
the Secretary shall jointly submit to the committees referred to in
paragraph (2) the views of the Director and the Secretary regarding--
(A) the potential value of conducting reviews as described
in subsection (a)(1); and
(B) the potential value of assessments of such reviews as
described in subsection (a)(4)(A).
(2) The committees referred to in paragraph (1) are the following:
(A) The Select Committee on Intelligence, Committee on
Armed Services, and Committee on Appropriations of the Senate.
(B) The Permanent Select Committee on Intelligence,
Committee on National Security, and Committee on Appropriations
of the House of Representatives.
SEC. 310. DESIGNATION OF HEADQUARTERS BUILDING OF CENTRAL INTELLIGENCE
AGENCY AS THE GEORGE HERBERT WALKER BUSH CENTER FOR
CENTRAL INTELLIGENCE.
(a) Designation.--The Headquarters Building of the Central
Intelligence Agency located in Langley, Virginia, shall be known and
designated as the ``George Herbert Walker Bush Center for Central
Intelligence''.
(b) References.--Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Headquarters
Building referred to in subsection (a) shall be deemed to be a
reference to the George Herbert Walker Bush Center for Central
Intelligence.
TITLE IV--CENTRAL INTELLIGENCE AGENCY
SEC. 401. EXTENSION OF SEPARATION PAY PROGRAM FOR VOLUNTARY SEPARATION
OF CIA EMPLOYEES.
(a) Extension.--Subsection (f) of section 2 of the Central
Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403-4 note)
is amended by striking out ``September 30, 1999'' and inserting in lieu
thereof ``September 30, 2001''.
(b) Conforming Amendment.--Subsection (i) of that section is
amended by striking out ``fiscal year 1998 or fiscal year 1999'' and
inserting in lieu thereof ``fiscal year 1998, 1999, 2000, or 2001''
SEC. 402. ADDITIONAL DUTIES FOR INSPECTOR GENERAL OF CENTRAL
INTELLIGENCE AGENCY.
Section 17(c) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403q(c)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) to review existing and proposed legislation relating
to the programs and operations of the Agency and to make
recommendations in the semiannual reports required by
subsection (d) concerning the impact of such legislation on
economy and efficiency in the administration of, or prevention
and detection of fraud and abuse in, the programs and
operations administered or financed by the Agency;''.
TITLE V--DISCLOSURE OF INFORMATION TO CONGRESS
SEC. 501. ENCOURAGEMENT OF DISCLOSURE OF CERTAIN INFORMATION TO
CONGRESS.
(a) Encouragement.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the President shall take appropriate
actions to inform the employees of the covered agencies, and
employees of contractors carrying out activities under
classified contracts with covered agencies, that--
(A) except as provided in paragraph (4), the
disclosure of information described in paragraph (2) to
the individuals referred to in paragraph (3) is not
prohibited by law, executive order, or regulation or
otherwise contrary to public policy;
(B) the individuals referred to in paragraph (3)
are presumed to have a need to know and to be
authorized to receive such information; and
(C) the individuals referred to in paragraph (3)
may receive information so disclosed only in their
capacity as members of the committees concerned.
(2) Covered information.--Paragraph (1) applies to
information, including classified information, that an employee
reasonably believes to provide direct and specific evidence
of--
(A) a violation of any law, rule, or regulation;
(B) a false statement to Congress on an issue of
material fact; or
(C) gross mismanagement, a gross waste of funds, a
flagrant abuse of authority, or a substantial and
specific danger to public health or safety.
(3) Covered individuals.--The individuals to whom
information described in paragraph (2) may be disclosed are the
members of a committee of Congress having as its primary
responsibility the oversight of a department, agency, or
element of the Federal Government to which such information
relates.
(4) Scope.--Paragraph (1)(A) does not apply to information
otherwise described in paragraph (2) if the disclosure of the
information is prohibited by Rule 6(e) of the Federal Rules of
Criminal Procedure.
(b) Report.--Not later than 60 days after the date of enactment of
this Act, the President shall submit to Congress a report on the
actions taken under subsection (a).
(c) Construction With Other Reporting Requirements.--Nothing in
this section may be construed to modify, alter, or otherwise affect any
reporting requirement relating to intelligence activities that arises
under the National Security Act of 1947 (50 U.S.C. 401 et seq.) or any
other provision of law.
(d) Covered Agencies Defined.--In this section, the term ``covered
agencies'' means the following:
(1) The Central Intelligence Agency.
(2) The Defense Intelligence Agency.
(3) The National Imagery and Mapping Agency.
(4) The National Security Agency.
(5) The Federal Bureau of Investigation.
(6) The National Reconnaissance Office.
(7) Any other Executive agency, or element or unit thereof,
determined by the President under section 2302(a)(2)(C)(ii) of
title 5, United States Code, to have as its principal function
the conduct of foreign intelligence or counterintelligence
activities.
TITLE VI--FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM
INVESTIGATIONS
SEC. 601. PEN REGISTERS AND TRAP AND TRACE DEVICES IN FOREIGN
INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended--
(1) by redesignating title IV as title VI and section 401
as section 601, respectively; and
(2) by inserting after title III the following new title:
``TITLE IV--PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN
INTELLIGENCE PURPOSES
``definitions
``Sec. 401. As used in this title:
``(1) The terms `foreign power', `agent of a foreign
power', `international terrorism', `foreign intelligence
information', `Attorney General', `United States person',
`United States', `person', and `State' shall have the same
meanings as in section 101 of this Act.
``(2) The terms `pen register' and `trap and trace device'
have the meanings given such terms in section 3127 of title 18,
United States Code.
``(3) The term `aggrieved person' means any person--
``(A) whose telephone line was subject to the
installation or use of a pen register or trap and trace
device authorized by this title; or
``(B) whose communication instrument or device was
subject to the use of a pen register or trap and trace
device authorized by this title to capture incoming
electronic or other communications impulses.
``pen registers and trap and trace devices for foreign intelligence and
international terrorism investigations
``Sec. 402. (a) Notwithstanding any provision of title I of this
Act with respect to electronic surveillance under that title as defined
in section 101(f)(4) of this Act, the Attorney General or a designated
attorney for the Government may make an application for an order or an
extension of an order authorizing or approving the installation and use
of a pen register or trap and trace device for any investigation to
gather foreign intelligence information or information concerning
international terrorism which is being conducted by the Federal Bureau
of Investigation under such guidelines as the Attorney General approves
pursuant to Executive Order No. 12333, or a successor order.
``(b) Each application under this section shall be in writing under
oath or affirmation to--
``(1) a judge of the court established by section 103(a) of
this Act; or
``(2) a United States Magistrate Judge under chapter 43 of
title 28, United States Code, who is publicly designated by the
Chief Justice of the United States to have the power to hear
applications for and grant orders approving the installation
and use of a pen register or trap or trace device on behalf of
a judge of that court.
``(c) Each application under this section shall require the
approval of the Attorney General, or a designated attorney for the
Government, and shall include--
``(1) the identity of the Federal officer seeking to use
the pen register or trap and trace device covered by the
application;
``(2) a certification by the applicant that the information
likely to be obtained is relevant to an ongoing foreign
intelligence or international terrorism investigation being
conducted by the Federal Bureau of Investigation under
guidelines approved by the Attorney General; and
``(3) information which demonstrates that there is reason
to believe that the telephone line to which the pen register or
trap and trace device is to be attached, or the communication
instrument or device to be covered by the pen register or trap
and trace device, has been or is about to be used in
communication with--
``(A) an individual who is engaging or has engaged
in international terrorism or clandestine intelligence
activities that involve or may involve a violation of
the criminal laws of the United States; or
``(B) a foreign power or agent of a foreign power
under circumstances giving reason to believe that the
communication concerns or concerned international
terrorism or clandestine intelligence activities that
involve or may involve a violation of the criminal laws
of the United States.
``(d)(1) Upon an application made pursuant to this section, the
judge shall enter an ex parte order as requested, or as modified,
approving the installation and use of a pen register or trap and trace
device if the judge finds that the application satisfies the
requirements of this section.
``(2) An order issued under this section--
``(A) shall specify--
``(i) the identity, if known, of the person who is
the subject of the foreign intelligence or
international terrorism investigation;
``(ii) in the case of an application for the
installation and use of a pen register or trap and
trace device with respect to a telephone line--
``(I) the identity, if known, of the person
to whom is leased or in whose name the
telephone line is listed; and
``(II) the number and, if known, physical
location of the telephone line; and
``(iii) in the case of an application for the use
of a pen register or trap and trace device with respect
to a communication instrument or device not covered by
clause (ii)--
``(I) the identity, if known, of the person
who owns or leases the instrument or device or
in whose name the instrument or device is
listed; and
``(II) the number of the instrument or
device; and
``(B) shall direct that--
``(i) upon request of the applicant, the provider
of a wire or electronic communication service,
landlord, custodian, or other person shall furnish any
information, facilities, or technical assistance
necessary to accomplish the installation and operation
of the pen register or trap and trace device in such a
manner as will protect its secrecy and produce a
minimum amount of interference with the services that
such provider, landlord, custodian, or other person is
providing the person concerned;
``(ii) such provider, landlord, custodian, or other
person--
``(I) shall not disclose the existence of
the investigation or of the pen register or
trap and trace device to any person unless or
until ordered by the court; and
``(II) shall maintain, under security
procedures approved by the Attorney General and
the Director of Central Intelligence pursuant
to section 105(b)(2)(C) of this Act, any
records concerning the pen register or trap and
trace device or the aid furnished; and
``(iii) the applicant shall compensate such
provider, landlord, custodian, or other person for
reasonable expenses incurred by such provider,
landlord, custodian, or other person in providing such
information, facilities, or technical assistance.
``(e) An order issued under this section shall authorize the
installation and use of a pen register or trap and trace device for a
period not to exceed 90 days. Extensions of such an order may be
granted, but only upon an application for an order under this section
and upon the judicial finding required by subsection (d). The period of
extension shall be for a period not to exceed 90 days.
``(f) No cause of action shall lie in any court against any
provider of a wire or electronic communication service, landlord,
custodian, or other person (including any officer, employee, agent, or
other specified person thereof) that furnishes any information,
facilities, or technical assistance under subsection (d) in accordance
with the terms of a court under this section.
``(g) Unless otherwise ordered by the judge, the results of a pen
register or trap and trace device shall be furnished at reasonable
intervals during regular business hours for the duration of the order
to the authorized Government official or officials.
``authorization during emergencies
``Sec. 403. (a) Notwithstanding any other provision of this title,
when the Attorney General makes a determination described in subsection
(b), the Attorney General may authorize the installation and use of a
pen register or trap and trace device on an emergency basis to gather
foreign intelligence information or information concerning
international terrorism if--
``(1) a judge referred to in section 402(b) of this Act is
informed by the Attorney General or his designee at the time of
such authorization that the decision has been made to install
and use the pen register or trap and trace device, as the case
may be, on an emergency basis; and
``(2) an application in accordance with section 402 of this
Act is made to such judge as soon as practicable, but not more
than 48 hours, after the Attorney General authorizes the
installation and use of the pen register or trap and trace
device, as the case may be, under this section.
``(b) A determination under this subsection is a reasonable
determination by the Attorney General that--
``(1) an emergency requires the installation and use of a
pen register or trap and trace device to obtain foreign
intelligence information or information concerning
international terrorism before an order authorizing the
installation and use of the pen register or trap and trace
device, as the case may be, can with due diligence be obtained
under section 402 of this Act; and
``(2) the factual basis for issuance of an order under such
section 402 to approve the installation and use of the pen
register or trap and trace device, as the case may be, exists.
``(c)(1) In the absence of an order applied for under subsection
(a)(2) approving the installation and use of a pen register or trap and
trace device authorized under this section, the installation and use of
the pen register or trap and trace device, as the case may be, shall
terminate at the earlier of--
``(A) when the information sought is obtained;
``(B) when the application for the order is denied under
section 402 of this Act; or
``(C) 48 hours after the time of the authorization by the
Attorney General.
``(2) In the event that an application for an order applied for
under subsection (a)(2) is denied, or in any other case where the
installation and use of a pen register or trap and trace device under
this section is terminated and no order under section 402 of this Act
is issued approving the installation and use of the pen register or
trap and trace device, as the case may be, no information obtained or
evidence derived from the use of the pen register or trap and trace
device, as the case may be, shall be received in evidence or otherwise
disclosed in any trial, hearing, or other proceeding in or before any
court, grand jury, department, office, agency, regulatory body,
legislative committee, or other authority of the United States, a
State, or political subdivision thereof, and no information concerning
any United States person acquired from the use of the pen register or
trap and trace device, as the case may be, shall subsequently be used
or disclosed in any other manner by Federal officers or employees
without the consent of such person, except with the approval of the
Attorney General if the information indicates a threat of death or
serious bodily harm to any person.
``authorization during time of war
``Sec. 404. Notwithstanding any other provision of law, the
President, through the Attorney General, may authorize the use of a pen
register or trap and trace device without a court order under this
title to acquire foreign intelligence information for a period not to
exceed 15 calendar days following a declaration of war by Congress.
``use of information
``Sec. 405. (a)(1) Information acquired from the use of a pen
register or trap and trace device installed pursuant to this title
concerning any United States person may be used and disclosed by
Federal officers and employees without the consent of the United States
person only in accordance with the provisions of this section.
``(2) No information acquired from a pen register or trap and trace
device installed and used pursuant to this title may be used or
disclosed by Federal officers or employees except for lawful purposes.
``(b) No information acquired pursuant to this title shall be
disclosed for law enforcement purposes unless such disclosure is
accompanied by a statement that such information, or any information
derived therefrom, may only be used in a criminal proceeding with the
advance authorization of the Attorney General.
``(c) Whenever the United States intends to enter into evidence or
otherwise use or disclose in any trial, hearing, or other proceeding in
or before any court, department, officer, agency, regulatory body, or
other authority of the United States against an aggrieved person any
information obtained or derived from the use of a pen register or trap
and trace device pursuant to this title, the United States shall,
before the trial, hearing, or the other proceeding or at a reasonable
time before an effort to so disclose or so use that information or
submit it in evidence, notify the aggrieved person and the court or
other authority in which the information is to be disclosed or used
that the United States intends to so disclose or so use such
information.
``(d) Whenever any State or political subdivision thereof intends
to enter into evidence or otherwise use or disclose in any trial,
hearing, or other proceeding in or before any court, department,
officer, agency, regulatory body, or other authority of the State or
political subdivision thereof against an aggrieved person any
information obtained or derived from the use of a pen register or trap
and trace device pursuant to this title, the State or political
subdivision thereof shall notify the aggrieved person, the court or
other authority in which the information is to be disclosed or used,
and the Attorney General that the State or political subdivision
thereof intends to so disclose or so use such information.
``(e)(1) Any aggrieved person against whom evidence obtained or
derived from the use of a pen register or trap and trace device is to
be, or has been, introduced or otherwise used or disclosed in any
trial, hearing, or other proceeding in or before any court, department,
officer, agency, regulatory body, or other authority of the United
States, or a State or political subdivision thereof, may move to
suppress the evidence obtained or derived from the use of the pen
register or trap and trace device, as the case may be, on the grounds
that--
``(A) the information was unlawfully acquired; or
``(B) the use of the pen register or trap and trace device,
as the case may be, was not made in conformity with an order of
authorization or approval under this title.
``(2) A motion under paragraph (1) shall be made before the trial,
hearing, or other proceeding unless there was no opportunity to make
such a motion or the aggrieved person concerned was not aware of the
grounds of the motion.
``(f)(1) Whenever a court or other authority is notified pursuant
to subsection (c) or (d), whenever a motion is made pursuant to
subsection (e), or whenever any motion or request is made by an
aggrieved person pursuant to any other statute or rule of the United
States or any State before any court or other authority of the United
States or any State to discover or obtain applications or orders or
other materials relating to the use of a pen register or trap and trace
device authorized by this title or to discover, obtain, or suppress
evidence or information obtained or derived from the use of a pen
register or trap and trace device authorized by this title, the United
States district court or, where the motion is made before another
authority, the United States district court in the same district as the
authority shall, notwithstanding any other provision of law and if the
Attorney General files an affidavit under oath that disclosure or any
adversary hearing would harm the national security of the United
States, review in camera and ex parte the application, order, and such
other materials relating to the use of the pen register or trap and
trace device, as the case may be, as may be necessary to determine
whether the use of the pen register or trap and trace device, as the
case may be, was lawfully authorized and conducted.
``(2) In making a determination under paragraph (1), the court may
disclose to the aggrieved person, under appropriate security procedures
and protective orders, portions of the application, order, or other
materials relating to the use of the pen register or trap and trace
device, as the case may be, or may require the Attorney General to
provide to the aggrieved person a summary of such materials, only where
such disclosure is necessary to make an accurate determination of the
legality of the use of the pen register or trap and trace device, as
the case may be.
``(g)(1) If the United States district court determines pursuant to
subsection (f) that the use of a pen register or trap and trace device
was not lawfully authorized or conducted, the court may, in accordance
with the requirements of law, suppress the evidence which was
unlawfully obtained or derived from the use of the pen register or trap
and trace device, as the case may be, or otherwise grant the motion of
the aggrieved person.
``(2) If the court determines that the use of the pen register or
trap and trace device, as the case may be, was lawfully authorized or
conducted, it may deny the motion of the aggrieved person except to the
extent that due process requires discovery or disclosure.
``(h) Orders granting motions or requests under subsection (g),
decisions under this section that the use of a pen register or trap and
trace device was not lawfully authorized or conducted, and orders of
the United States district court requiring review or granting
disclosure of applications, orders, or other materials relating to the
installation and use of a pen register or trap and trace device shall
be final orders and binding upon all courts of the United States and
the several States except a United States Court of Appeals or the
Supreme Court.
``congressional oversight
``Sec. 406. (a) On a semiannual basis, the Attorney General shall
fully inform the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of
the Senate concerning all uses of pen registers and trap and trace
devices pursuant to this title.
``(b) On a semiannual basis, the Attorney General shall also
provide to the committees referred to in subsection (a) and to the
Committees on the Judiciary of the House of Representatives and the
Senate a report setting forth with respect to the preceding six-month
period--
``(1) the total number of applications made for orders
approving the use of pen registers or trap and trace devices
under this title; and
``(2) the total number of such orders either granted,
modified, or denied.''.
SEC. 602. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
AND INTERNATIONAL TERRORISM INVESTIGATIONS.
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.), as amended by section 601 of this Act, is further amended by
inserting after title IV, as added by such section 601, the following
new title:
``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
``definitions
``Sec. 501. As used in this title:
``(1) The terms `foreign power', `agent of a foreign
power', `foreign intelligence information', `international
terrorism', and `Attorney General' shall have the same meanings
as in section 101 of this Act.
``(2) The term `common carrier' means any person or entity
transporting people or property by land, rail, water, or air
for compensation.
``(3) The term `physical storage facility' means any
business or entity that provides space for the storage of goods
or materials, or services related to the storage of goods or
materials, to the public or any segment thereof.
``(4) The term `public accommodation facility' means any
inn, hotel, motel, or other establishment that provides lodging
to transient guests.
``(5) The term `vehicle rental facility' means any person
or entity that provides vehicles for rent, lease, loan, or
other similar use to the public or any segment thereof.
``access to certain business records for foreign intelligence and
international terrorism investigations
``Sec. 502. (a) The Director of the Federal Bureau of Investigation
or a designee of the Director (whose rank shall be no lower than
Assistant Special Agent in Charge) may make an application for an order
authorizing a common carrier, public accommodation facility, physical
storage facility, or vehicle rental facility to release records in its
possession for an investigation to gather foreign intelligence
information or an investigation concerning international terrorism
which investigation is being conducted by the Federal Bureau of
Investigation under such guidelines as the Attorney General approves
pursuant to Executive Order No. 12333, or a successor order.
``(b) Each application under this section--
``(1) shall be made to--
``(A) a judge of the court established by section
103(a) of this Act; or
``(B) a United States Magistrate Judge under
chapter 43 of title 28, United States Code, who is
publicly designated by the Chief Justice of the United
States to have the power to hear applications and grant
orders for the release of records under this section on
behalf of a judge of that court; and
``(2) shall specify that--
``(A) the records concerned are sought for an
investigation described in subsection (a); and
``(B) there are specific and articulable facts
giving reason to believe that the person to whom the
records pertain is a foreign power or an agent of a
foreign power.
``(c)(1) Upon application made pursuant to this section, the judge
shall enter an ex parte order as requested, or as modified, approving
the release of records if the judge finds that the application
satisfies the requirements of this section.
``(2) An order under this subsection shall not disclose that it is
issued for purposes of an investigation described in subsection (a).
``(d)(1) Any common carrier, public accommodation facility,
physical storage facility, or vehicle rental facility shall comply with
an order under subsection (c).
``(2) No common carrier, public accommodation facility, physical
storage facility, or vehicle rental facility, or officer, employee, or
agent thereof, shall disclose to any person (other than those officers,
agents, or employees of such common carrier, public accommodation
facility, physical storage facility, or vehicle rental facility
necessary to fulfill the requirement to disclose information to the
Federal Bureau of Investigation under this section) that the Federal
Bureau of Investigation has sought or obtained records pursuant to an
order under this section.
``congressional oversight
``Sec. 503. (a) On a semiannual basis, the Attorney General shall
fully inform the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on Intelligence of
the Senate concerning all requests for records under this title.
``(b) On a semiannual basis, the Attorney General shall provide to
the Committees on the Judiciary of the House of Representatives and the
Senate a report setting forth with respect to the preceding six-month
period--
``(1) the total number of applications made for orders
approving requests for records under this title; and
``(2) the total number of such orders either granted,
modified, or denied.''.
SEC. 603. CONFORMING AND CLERICAL AMENDMENTS.
(a) Conforming Amendment.--Section 601 of the Foreign Intelligence
Surveillance Act of 1978, as redesignated by section 601(1) of this
Act, is amended by striking out ``other than title III'' and inserting
in lieu thereof ``other than titles III, IV, and V''.
(b) Clerical Amendment.--The table of contents at the beginning of
the Foreign Intelligence Surveillance Act of 1978 is amended by
striking out the items relating to title IV and section 401 and
inserting in lieu thereof the following:
``TITLE IV--PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN
INTELLIGENCE PURPOSES
``401. Definitions.
``402. Pen registers and trap and trace devices for foreign
intelligence and international terrorism
investigations.
``403. Authorization during emergencies.
``404. Authorization during time of war.
``405. Use of information.
``406. Congressional oversight.
``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
``501. Definitions.
``502. Access to certain business records for foreign intelligence and
international terrorism investigations.
``503. Congressional oversight.
``TITLE VI--EFFECTIVE DATE
``601. Effective date.''.
Attest:
Secretary.
105th CONGRESS
2d Session
H. R. 3694
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AMENDMENT
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