[105th Congress Public Law 272]
[From the U.S. Government Printing Office]
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1999
Public Law 105-272
105th Congress
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. <<NOTE: Oct.
20, 1998 - [H.R. 3694]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Intelligence Authorization
Act for Fiscal Year 1999.>> 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 <<NOTE: President.>> 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 <<NOTE: 21 USC 873 note.>> 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. <<NOTE: 50 USC 404i. Deadline.>> (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 <<NOTE: 50 USC 404i note.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: Virginia. 50 USC 403-1 note.>> 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 <<NOTE: 50 USC 1801 note.>> 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. <<NOTE: 50 USC 1841.>> 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) <<NOTE: 50 USC 1842.>> 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) <<NOTE: Records.>> 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) <<NOTE: 50 USC 1843.>> 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. <<NOTE: 50 USC 1844.>> 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) <<NOTE: 50 USC 1845.>> 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) <<NOTE: Courts.>> 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) <<NOTE: 50 USC 1846.>> 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 <<NOTE: Reports.>> 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. <<NOTE: 50 USC 1861.>> 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) <<NOTE: 50 USC 1862.>> 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) <<NOTE: 50 USC 1863.>> 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) <<NOTE: Reports.>> 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) <<NOTE: 50
USC 1801 note.>> 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 <<NOTE: Intelligence Community Whistleblower Protection Act of
1998.>> VII--WHISTLEBLOWER PROTECTION FOR INTELLIGENCE COMMUNITY
EMPLOYEES REPORTING URGENT CONCERNS TO CONGRESS
SEC. 701. SHORT TITLE; FINDINGS.
(a) Short <<NOTE: 5 USC app. 1 note.>> Title.--This title may be
cited as the ``Intelligence Community Whistleblower Protection Act of
1998''.
(b) Findings.--The <<NOTE: 5 USC app. 8H note.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: Notification.>> 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. <<NOTE: Deadline.>> 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 <<NOTE: 50 USC 403q.>> 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) <<NOTE: Deadline.>> 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 <<NOTE: Notification.>> 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)) <<NOTE: 5 USC app.>> is amended
by striking out ``or 8E'' and inserting in lieu thereof ``8E, or
8H''.
Approved October 20, 1998.
LEGISLATIVE HISTORY--H.R. 3694 (S. 2052):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 105-508 (Select Comm. on Intelligence) and 105-780
(Comm. of Conference).
SENATE REPORTS: No. 105-185 accompanying S. 2052 (Select Comm. on
Intelligence).
CONGRESSIONAL RECORD, Vol. 144 (1998):
May 7, considered and passed House.
June 26, considered and passed Senate, amended, in lieu of
S. 2052.
Oct. 7, House agreed to conference report.
Oct. 8, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
Oct. 20, Presidential statement.
<all>
