[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3694 Enrolled Bill (ENR)]

        H.R.3694

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight


                                 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.

    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 adjustments.
Sec. 104. Community Management Account.
Sec. 105. Authorization of emergency supplemental appropriations for 
          fiscal year 1998.

 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. One-year extension of application of sanctions laws to 
          intelligence activities.
Sec. 304. Sense of Congress on intelligence community contracting.
Sec. 305. Modification of national security education program.
Sec. 306. Requirement 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 compound 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. Technical amendments.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Extension of authority to engage in commercial activities as 
          security for intelligence collection 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.
Sec. 602. Access to certain business records for foreign intelligence 
          and international terrorism investigations.
Sec. 603. Conforming and clerical amendments.
Sec. 604. Wire and electronic communications interception requirements.
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 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 105th 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 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 classified 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 Intelligence 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 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 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 1 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 appropriated pursuant to the 
    authorization 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 National Drug Intelligence 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)(1)).
        (4) Authority.--Notwithstanding any other provision of law, the 
    Attorney General shall retain full authority over the operations of 
    the National Drug Intelligence Center.
    (f) Transfer Authority for Funds for Security Requirements 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 agencies 
    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 available 
        for architectural and engineering support expenses at overseas 
        locations; and
            (D) available 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 APPROPRIATIONS FOR 
              FISCAL YEAR 1998.

    (a) Authorization.--Amounts authorized to be appropriated for 
fiscal year 1998 under section 101 of the Intelligence Authorization 
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 appropriations 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 supplemental 
    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 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 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. 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 INTELLIGENCE COMMUNITY CONTRACTING.

    It is the sense of Congress that the Director of Central 
Intelligence 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 
manner 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 
    subsections (b)(7) and (c)(2).
        (2) Section 802 (50 U.S.C. 1902) is amended--
            (A) in subsection (a), by inserting ``counterproliferation 
        studies,'' after ``area studies,'' in paragraphs (1)(B)(i), 
        (1)(C), and (4); and
            (B) in subsection (b)(2), by inserting 
        ``counterproliferation study,'' after ``area study,'' in 
        subparagraphs (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(b)(1) (50 U.S.C. 1906(b)(1)) is amended 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)(6) of such Act (50 U.S.C. 1903(b)(6)) is amended to read 
as follows:
        ``(6) The Secretary of Energy.''.

SEC. 306. REQUIREMENT 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. 307. ANNUAL REPORTS TO CONGRESS.

    (a) Additional Annual Reports from the Director of Central 
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 Cooperation with 
Federal Law Enforcement Agencies.--(1) Not later 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 community 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 Controlled Substances Act (21 U.S.C. 802(6)) that 
are included in schedule 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.
    ``(3) Each such report may be prepared in classified form, 
unclassified form, or unclassified form with a classified annex.
    ``(b) Annual Report on the Safety and Security of Russian Nuclear 
Facilities and Nuclear Military Forces.--(1) The Director of Central 
Intelligence shall, on an annual basis, submit to the congressional 
intelligence committees and the congressional leadership an 
intelligence report assessing the safety and security of the nuclear 
facilities and nuclear military forces in Russia.
    ``(2) Each such report shall include a discussion of the following:
        ``(A) The ability of the Government of Russia to maintain its 
    nuclear military forces.
        ``(B) The security arrangements at civilian and military 
    nuclear facilities in Russia.
        ``(C) The reliability of controls and safety systems at 
    civilian nuclear facilities in Russia.
        ``(D) The reliability of command and control systems and 
    procedures of the nuclear military forces in Russia.
    ``(3) Each such report shall be submitted in unclassified form, but 
may contain a classified annex.
    ``(c) Definitions.--In this section:
        ``(1) The term `congressional intelligence committees' means 
    the Permanent Select Committee on Intelligence of the House of 
    Representatives and the Select Committee on Intelligence of the 
    Senate.
        ``(2) The term `congressional leadership' means the Speaker and 
    the minority leader of the House of Representatives and the 
    majority leader and the minority leader of the Senate.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of such Act is amended by inserting after the item relating to section 
113 the following new item:

``Sec. 114. Additional annual reports from the Director of Central 
          Intelligence.''.

    (c) Date for First Report on Cooperation With Civilian Law 
Enforcement Agencies.--The first report under section 114(a) of the 
National Security Act of 1947, as added by subsection (a), shall be 
submitted not later than December 31, 1999.

SEC. 308. QUADRENNIAL INTELLIGENCE REVIEW.

    (a) Sense of Congress.--It is the sense of Congress--
        (1) that the Director of Central Intelligence and the Secretary 
    of Defense should jointly complete, in 1999 and every 4 years 
    thereafter, a comprehensive review of United States intelligence 
    programs and activities, with each such review--
            (A) to include assessments of intelligence policy, 
        resources, manpower, organization, and related matters; and
            (B) to encompass the programs and activities funded under 
        the National Foreign Intelligence Program (NFIP), the Joint 
        Military Intelligence Program (JMIP), and the Tactical 
        Intelligence and Related Activities (TIARA) accounts;
        (2) that the results of each review should be shared with the 
    appropriate committees of Congress and the congressional 
    leadership; and
        (3) that the Director, in conjunction with the Secretary, 
    should establish a nonpartisan, independent panel (with members 
    chosen in consultation with the appropriate committees 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 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 December 1, 1998, the Director of 
Central Intelligence and the Secretary of Defense shall jointly submit 
to the committees specified in paragraph (2) the views of the Director 
and the Secretary regarding--
        (A) the potential value of conducting quadrennial intelligence 
    reviews as described in subsection (a)(1); and
        (B) the potential value of assessments of such reviews as 
    described in subsection (a)(3)(A).
    (2) The committees referred to in paragraph (1) are the following:
        (A) The Select Committee on Intelligence, the Committee on 
    Armed Services, and the Committee on Appropriations of the Senate.
        (B) The Permanent Select Committee on Intelligence, the 
    Committee on National Security, and the Committee on Appropriations 
    of the House of Representatives.

SEC. 309. DESIGNATION OF HEADQUARTERS COMPOUND OF CENTRAL INTELLIGENCE 
              AGENCY AS THE GEORGE BUSH CENTER FOR INTELLIGENCE.

    (a) Designation.--The headquarters compound of the Central 
Intelligence Agency located in Langley, Virginia, shall be known and 
designated as the ``George Bush Center for Intelligence''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the headquarters 
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 immediate 
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 described in the 
Central Intelligence Agency notice dated April 7, 1998 (notwithstanding 
the otherwise applicable effective date for such payments of April 7, 
1998).
    (b) Funds Available.--Payments authorized by subsection (a) may be 
made from amounts appropriated for the Central Intelligence Agency for 
fiscal year 1998 or for fiscal year 1999.

SEC. 403. TECHNICAL AMENDMENTS.

    (a) Central Intelligence Agency Act of 1949.--The Central 
Intelligence Agency Act of 1949 is amended as follows:
        (1) Section 5(a)(1) (50 U.S.C. 403f(a)(1)) is amended--
            (A) by striking out ``subparagraphs (B) and (C) of section 
        102(a)(2)'' and inserting in lieu thereof ``paragraphs (2) and 
        (3) of section 102(a)'';
            (B) by striking out ``(c)(5)'' and inserting in lieu 
        thereof ``(c)(6)'';
            (C) by inserting ``(3),'' after ``403(a)(2),'';
            (D) by inserting ``(c)(6), (d)'' after ``403-3''; and
            (E) by inserting ``(a), (g)'' after ``403-4''.
        (2) Section 6 (50 U.S.C. 403g) is amended by striking out 
    ``(c)(5)'' each place it appears and inserting in lieu thereof 
    ``(c)(6)''.
    (b) Central Intelligence Agency Retirement Act.--Section 201(c) of 
the Central Intelligence Agency Retirement Act (50 U.S.C. 2011(c)) is 
amended by striking out ``section 103(c)(5) of the National Security 
Act of 1947 (50 U.S.C. 403-3(c)(5))'' and inserting in lieu thereof 
``paragraph (6) of section 103(c) of the National Security Act of 1947 
(50 U.S.C. 403-3(c))''.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

SEC. 501. EXTENSION OF AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVITIES AS 
              SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES.

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

      TITLE VI--FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM 
                             INVESTIGATIONS

SEC. 601. PEN REGISTERS AND TRAP AND TRACE DEVICES IN FOREIGN 
              INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS.

    The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
et seq.) is amended--
        (1) by redesignating title IV as title VI and section 401 as 
    section 601, respectively; and
        (2) by inserting after title III the following new title:

   ``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)(1) Notwithstanding any other provision of law, the 
Attorney General or a designated attorney for the Government may make 
an application for an order or an extension of an order authorizing or 
approving the installation and use of a pen register or trap and trace 
device for any investigation to gather foreign intelligence information 
or information concerning international terrorism which is being 
conducted by the Federal Bureau of Investigation 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 
surveillance referred to in that paragraph.
    ``(b) Each application under this section shall be in writing under 
oath or affirmation to--
        ``(1) a judge of the court established by section 103(a) of 
    this Act; or
        ``(2) a United States Magistrate Judge under chapter 43 of 
    title 28, United States Code, who is publicly designated by the 
    Chief Justice of the United States to have the power to hear 
    applications for and grant orders approving the installation and 
    use of a pen register or trap and trace device on behalf of a judge 
    of that court.
    ``(c) Each application under this section shall require the 
approval of the Attorney General, or a designated attorney for the 
Government, and shall include--
        ``(1) the identity of the Federal officer seeking to use the 
    pen register or trap and trace device covered by the application;
        ``(2) a certification by the applicant that the information 
    likely to be obtained is relevant to an ongoing foreign 
    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 6-month 
period--
        ``(1) the total number of applications made for orders 
    approving the use of pen registers or trap and trace devices under 
    this title; and
        ``(2) the total number of such orders either granted, modified, 
    or denied.''.

SEC. 602. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
              AND INTERNATIONAL TERRORISM 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 sub- section (a).
    ``(d)(1) Any common carrier, public accommodation facility, 
physical storage facility, or vehicle rental facility shall comply with 
an order under subsection (c).
    ``(2) No common carrier, public accommodation facility, physical 
storage facility, or vehicle rental facility, or officer, employee, or 
agent thereof, shall disclose to any person (other than those officers, 
agents, or employees of such common carrier, public accommodation 
facility, physical storage facility, or vehicle rental facility 
necessary to fulfill the requirement to disclose information to the 
Federal Bureau of Investigation under this section) that the Federal 
Bureau of Investigation has sought or obtained records pursuant to an 
order under this section.


                        ``congressional oversight

    ``Sec. 503. (a) On a semiannual basis, the Attorney General shall 
fully inform the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on 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 6-month 
period--
        ``(1) the total number of applications made for orders 
    approving requests for records under this title; and
        ``(2) the total number of such orders either granted, modified, 
    or denied.''.

SEC. 603. CONFORMING AND CLERICAL AMENDMENTS.

    (a) Conforming Amendment.--Section 601 of the Foreign Intelligence 
Surveillance Act of 1978, as redesignated by section 601(1) of this 
Act, is amended by striking out ``other than title III'' and inserting 
in lieu thereof ``other than titles III, IV, and V''.
    (b) Clerical Amendment.--The table of contents at the 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.''.

SEC. 604. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION REQUIREMENTS.

    (a) In General.--Section 2518(11)(b) of title 18, United States 
Code, is amended--
        (1) in clause (ii), by striking ``of a purpose'' and all that 
    follows through the end of such clause and inserting ``that there 
    is probable cause to believe that the person's actions could have 
    the effect of thwarting interception from a specified facility;'';
        (2) in clause (iii), by striking ``such purpose'' and all that 
    follows through the end of such clause and inserting ``such showing 
    has been adequately made; and''; and
        (3) by adding at the end the following clause:
            ``(iv) the order authorizing or approving the interception 
        is limited to interception only for such time as it is 
        reasonable to presume that the person identified in the 
        application is or was reasonably proximate to the instrument 
        through which such communication will be or was transmitted.''.
    (b) Conforming Amendments.--Section 2518(12) of title 18, United 
States Code, is amended--
        (1) by inserting ``(a)'' after ``by reason of subsection 
    (11)'';
        (2) by striking ``the facilities from which, or''; and
        (3) by striking the comma following ``where''.

SEC. 605. AUTHORITY OF ATTORNEY GENERAL TO ACCEPT VOLUNTARY SERVICES.

    Section 524(d)(1) of title 28, United States Code, is amended by 
inserting ``or services'' after ``property''.

    TITLE VII--WHISTLEBLOWER PROTECTION FOR INTELLIGENCE COMMUNITY 
            EMPLOYEES REPORTING URGENT 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 Government 
    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 Community;
        (4) no basis in law exists for requiring prior authorization of 
    disclosures to the intelligence committees of Congress by employees 
    of the executive branch of classified information about wrongdoing 
    within the Intelligence Community;
        (5) the risk of reprisal perceived by employees and contractors 
    of the Intelligence Community for reporting serious or flagrant 
    problems to Congress may have impaired the flow of information 
    needed by the intelligence committees to carry out oversight 
    responsibilities; and
        (6) to encourage such reporting, an additional procedure should 
    be established that provides a means for such employees and 
    contractors to report to Congress while safeguarding the classified 
    information involved in such reporting.

SEC. 702. PROTECTION OF INTELLIGENCE COMMUNITY EMPLOYEES WHO REPORT 
              URGENT CONCERNS TO CONGRESS.

    (a) Inspector General of the Central Intelligence Agency.--
        (1) In general.--Subsection (d) of section 17 of the Central 
    Intelligence Agency Act of 1949 (50 U.S.C. 403q) is amended by 
    adding at the end the following new paragraph:
    ``(5)(A) An employee of the Agency, or of a contractor to the 
Agency, who intends to report to Congress a complaint or information 
with respect to an urgent concern may report such complaint or 
information to the Inspector General.
    ``(B) Not later than the end of the 14-calendar day period 
beginning on the date of receipt from an employee of a complaint or 
information under subparagraph (A), the Inspector General shall 
determine whether the complaint or information appears credible. If the 
Inspector General determines that the complaint or information appears 
credible, the Inspector General shall, before the end of such period, 
transmit the complaint or information to the Director.
    ``(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 committees, 
together with any comments the Director considers appropriate.
    ``(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 contacting 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 committees 
who receives a complaint or information under clause (i) does so in 
that member or employee's official capacity as a member or employee of 
that committee.
    ``(E) The Inspector General shall notify an employee who reports a 
complaint or information to the Inspector General under this paragraph 
of each action taken under this paragraph with respect to the complaint 
or information. Such notice shall be provided not later than 3 days 
after any such action is taken.
    ``(F) An action taken by the Director or the Inspector General 
under this paragraph shall not be subject to judicial review.
    ``(G) In this paragraph:
        ``(i) The term `urgent concern' means any of the following:
            ``(I) A serious or flagrant problem, abuse, violation of 
        law or Executive order, or deficiency relating to the funding, 
        administration, or operations of an intelligence activity 
        involving classified information, but does not include 
        differences of opinions concerning public policy matters.
            ``(II) A false statement to Congress, or a willful 
        withholding from Congress, on an issue of material fact 
        relating to the funding, administration, or operation of an 
        intelligence activity.
            ``(III) An action, including a personnel action described 
        in section 2302(a)(2)(A) of title 5, United States Code, 
        constituting 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 Congress on Urgent 
    Concerns'' before the period.
    (b) Additional Provisions With Respect to Inspectors General of the 
Intelligence Community.--
        (1) In general.--The Inspector General Act of 1978 (5 U.S.C. 
    App.) is amended by redesignating section 8H as section 8I and by 
    inserting after section 8G the following new section:
    ``Sec. 8H. (a)(1)(A) An employee of the Defense Intelligence 
Agency, the National Imagery and Mapping Agency, the National 
Reconnaissance Office, or the National Security Agency, or of a 
contractor of any of those Agencies, who intends to report to 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 Defense (or designee).
    ``(B) An employee of the Federal Bureau of Investigation, or of a 
contractor of the Bureau, who intends to report to Congress a complaint 
or information with respect to an urgent concern may report the 
complaint or information to the Inspector General of the Department of 
Justice (or designee).
    ``(C) Any other employee of, or contractor to, an executive agency, 
or element or unit thereof, determined by the President under section 
2302(a)(2)(C)(ii) of title 5, United States Code, to have as its 
principal function the conduct of foreign intelligence or 
counterintelligence activities, who intends to report to Congress a 
complaint or information with respect to an urgent concern may report 
the complaint or information to the appropriate Inspector General (or 
designee) under this Act or section 17 of the Central Intelligence 
Agency Act of 1949.
    ``(2) If a designee of an Inspector General under this section 
receives a complaint or information of an employee with respect to an 
urgent concern, that designee shall report the complaint or information 
to the Inspector General within 7 calendar days of receipt.
    ``(b) Not later than the end of the 14-calendar day period 
beginning on the date of receipt of an employee complaint or 
information under subsection (a), the Inspector General shall determine 
whether the complaint or information appears credible. If the Inspector 
General determines that the complaint or information appears credible, 
the Inspector General shall, before the end of such period, transmit 
the complaint or information to the head of the establishment.
    ``(c) Upon receipt of a transmittal from the Inspector General 
under subsection (b), the head of the establishment shall, within 7 
calendar days of such receipt, forward such transmittal to the 
intelligence committees, together with any comments the head of the 
establishment considers appropriate.
    ``(d)(1) If the Inspector General does not transmit, or does not 
transmit in an accurate form, the complaint or information described in 
subsection (b), the employee (subject to paragraph (2)) may submit the 
complaint or information to Congress by contacting 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 statement of 
    the employee's complaint or information and notice of the 
    employee's intent to contact the intelligence committees directly; 
    and
        ``(B) obtains and follows from the head of the establishment, 
    through the Inspector General, direction on how to contact the 
    intelligence committees in accordance with appropriate security 
    practices.
    ``(3) A member or employee of one of the intelligence committees 
who receives a complaint or information under paragraph (1) does so in 
that member or employee's official capacity as a member or employee of 
that committee.
    ``(e) The Inspector General shall notify an employee who reports a 
complaint or information under this section of each action taken under 
this section with respect to the complaint or information. Such notice 
shall be provided not later than 3 days after any such action is taken.
    ``(f) An action taken by the head of an establishment or an 
Inspector General under this section shall not be subject to judicial 
review.
    ``(g) In this section:
        ``(1) The term `urgent concern' means any of the following:
            ``(A) A serious or flagrant problem, abuse, violation of 
        law or Executive order, or deficiency relating to the funding, 
        administration, or operations of an intelligence activity 
        involving classified information, but does not include 
        differences of opinions concerning public policy matters.
            ``(B) A false statement to Congress, or a willful 
        withholding from Congress, on an issue of material fact 
        relating to the funding, administration, or operation of an 
        intelligence activity.
            ``(C) An action, including a personnel action described in 
        section 2302(a)(2)(A) of title 5, United States Code, 
        constituting reprisal or threat of reprisal prohibited under 
        section 7(c) in response to an employee's reporting an urgent 
        concern in accordance with this section.
        ``(2) The term `intelligence committees' means the Permanent 
    Select Committee on Intelligence of the House of Representatives 
    and the Select Committee on Intelligence of the Senate.''.
        (2) Conforming Amendment.--Section 8I of such Act (as 
    redesignated by paragraph (1)) is amended by striking out ``or 8E'' 
    and inserting in lieu thereof ``8E, or 8H''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.