[House Report 105-780]
[From the U.S. Government Printing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 105-780
_______________________________________________________________________
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1999
_______
October 5, 1998.--Ordered to be printed
_______________________________________________________________________
Mr. Goss, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 3694]
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
3694), 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, having met, after full and free
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
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 two percent of the number of
civilian personnel authorized under such section for such
element.
(b) Notice to Intelligence Committees.--The Director of
Central Intelligence shall promptly notify the Permanent Select
Committee on Intelligence of the House of Representatives and
the Select Committee on Intelligence of the Senate 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 one year for the performance of temporary
functions as required by the Director of Central Intelligence.
(e) National Drug Intelligence Center.--
(1) In general.--Of the amount 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 four 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 or trace device on behalf of a
judge of that court.
``(c) Each application under this section shall require the
approval of the Attorney General, or a designated attorney for
the Government, and shall include--
``(1) the identity of the Federal officer seeking
to use the pen register or trap and trace device
covered by the application;
``(2) a certification by the applicant that the
information likely to be obtained is relevant to an
ongoing foreign intelligence or international
terrorisminvestigation 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 businesshours 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
informationobtained or derived from the use of a pen register
or trap and trace device authorized by this title, the United States
district court or, where the motion is made before another authority,
the United States district court in the same district as the authority
shall, notwithstanding any other provision of law and if the Attorney
General files an affidavit under oath that disclosure or any adversary
hearing would harm the national security of the United States, review
in camera and ex parte the application, order, and such other materials
relating to the use of the pen register or trap and trace device, as
the case may be, as may be necessary to determine whether the use of
the pen register or trap and trace device, as the case may be, was
lawfully authorized and conducted.
``(2) In making a determination under paragraph (1), the
court may disclose to the aggrieved person, under appropriate
security procedures and protective orders, portions of the
application, order, or other materials relating to the use of
the pen register or trap and trace device, as the case may be,
or may require the Attorney General to provide to the aggrieved
person a summary of such materials, only where such disclosure
is necessary to make an accurate determination of the legality
of the use of the pen register or trap and trace device, as the
case may be.
``(g)(1) If the United States district court determines
pursuant to subsection (f) that the use of a pen register or
trap and trace device was not lawfully authorized or conducted,
the court may, in accordance with the requirements of law,
suppress the evidence which was unlawfully obtained or derived
from the use of the pen register or trap and trace device, as
the case may be, or otherwise grant the motion of the aggrieved
person.
``(2) If the court determines that the use of the pen
register or trap and trace device, as the case may be, was
lawfully authorized or conducted, it may deny the motion of the
aggrieved person except to the extent that due process requires
discovery or disclosure.
``(h) Orders granting motions or requests under subsection
(g), decisions under this section that the use of a pen
register or trap and trace device was not lawfully authorized
or conducted, and orders of the United States district court
requiring review or granting disclosure of applications,
orders, or other materials relating to the installation and use
of a pen register or trap and trace device shall be final
orders and binding upon all courts of the United States and the
several States except a United States Court of Appeals or the
Supreme Court.
``congressional oversight
``Sec. 406. (a) On a semiannual basis, the Attorney General
shall fully inform the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate concerning all uses of
pen registers and trap and trace devices pursuant to this
title.
``(b) On a semiannual basis, the Attorney General shall
also provide to the committees referred to in subsection (a)
and to the Committees on the Judiciary of the House of
Representatives and the Senate a report setting forth with
respect to the preceding six-month period--
``(1) the total number of applications made for
orders approving the use of pen registers or trap and
trace devices under this title; and
``(2) the total number of such orders either
granted, modified, or denied.''.
SEC. 602. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
AND INTERNATIONAL TERRORISM INVESTIGATIONS.
The Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), as amended by section 601 of this Act, is
further amended by inserting after title IV, as added by such
section 601, the following new title:
``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
``definitions
``Sec. 501. As used in this title:
``(1) The terms `foreign power', `agent of a
foreign power', `foreign intelligence information',
`international terrorism', and `Attorney General' shall
have the same meanings as in section 101 of this Act.
``(2) The term `common carrier' means any person or
entity transporting people or property by land, rail,
water, or air for compensation.
``(3) The term `physical storage facility' means
any business or entity that provides space for the
storage of goods or materials, or services related to
the storage of goods or materials, to the public or any
segment thereof.
``(4) The term `public accommodation facility'
means any inn, hotel, motel, or other establishment
that provides lodging to transient guests.
``(5) The term `vehicle rental facility' means any
person or entity that provides vehicles for rent,
lease, loan, or other similar use to the public or any
segment thereof.
``access to certain business records for foreign intelligence and
international terrorism investigations
``Sec. 502. (a) The Director of the Federal Bureau of
Investigation or a designee of the Director (whose rank shall
be no lower than Assistant Special Agent in Charge) may make an
application for an order authorizing a common carrier, public
accommodation facility, physical storage facility, or vehicle
rental facility to release records in its possession for an
investigation to gather foreign intelligence information or an
investigation concerning international terrorism which
investigation is being conducted by the Federal Bureau of
Investigation under such guidelines as the Attorney General
approves pursuant to Executive Order No. 12333, or a successor
order.
``(b) Each application under this section--
``(1) shall be made to--
``(A) a judge of the court established by
section 103(a) of this Act; or
``(B) a United States Magistrate Judge
under chapter 43 of title 28, United States
Code, who is publicly designated by the Chief
Justice of the United States to have the power
to hear applications and grant orders for the
release of records under this section on behalf
of a judge of that court; and
``(2) shall specify that--
``(A) the records concerned are sought for
an investigation described in subsection (a);
and
``(B) there are specific and articulable
facts giving reason to believe that the person
to whom the records pertain is a foreign power
or an agent of a foreign power.
``(c)(1) Upon application made pursuant to this section,
the judge shall enter an ex parte order as requested, or as
modified, approving the release of records if the judge finds
that the application satisfies the requirements of this
section.
``(2) An order under this subsection shall not disclose
that it is issued for purposes of an investigation described in
subsection (a).
``(d)(1) Any common carrier, public accommodation facility,
physical storage facility, or vehicle rental facility shall
comply with an order under subsection (c).
``(2) No common carrier, public accommodation facility,
physical storage facility, or vehicle rental facility, or
officer, employee, or agent thereof, shall disclose to any
person (other than those officers, agents, or employees of such
common carrier, public accommodation facility, physical storage
facility, or vehicle rental facility necessary to fulfill the
requirement to disclose information to the Federal Bureau of
Investigation under this section) that the Federal Bureau of
Investigation has sought or obtained records pursuant to an
order under this section.
``congressional oversight
``Sec. 503. (a) On a semiannual basis, the Attorney General
shall fully inform the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate concerning all requests
for records under this title.
``(b) On a semiannual basis, the Attorney General shall
provide to the Committees on the Judiciary of the House of
Representatives and the Senate a report setting forth with
respect to the preceding six-month period--
``(1) the total number of applications made for
orders approving requests for records under this title;
and
``(2) the total number of such orders either
granted, modified, or denied.''.
SEC. 603. CONFORMING AND CLERICAL AMENDMENTS.
(a) Conforming Amendment.--Section 601 of the Foreign
Intelligence Surveillance Act of 1978, as redesignated by
section 601(1) of this Act, is amended by striking out ``other
than title III'' and inserting in lieu thereof ``other than
titles III, IV, and V''.
(b) Clerical Amendment.--The table of contents at the
beginning of the Foreign Intelligence Surveillance Act of 1978
is amended by striking out the items relating to title IV and
section 401 and inserting in lieu thereof the following:
``TITLE IV--PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN
INTELLIGENCE PURPOSES
``401. Definitions.
``402. Pen registers and trap and trace devices for foreign intelligence
and international terrorism investigations.
``403. Authorization during emergencies.
``404. Authorization during time of war.
``405. Use of information.
``406. Congressional oversight.
``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
``501. Definitions.
``502. Access to certain business records for foreign intelligence and
international terrorism investigations.
``503. Congressional oversight.
``TITLE VI--EFFECTIVE DATE
``601. Effective date.''.
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 ofthe 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''.
And the Senate agree to the same.
From the Permanent Select Committee on
Intelligence, for consideration of the House
bill and the Senate amendment, and
modifications committed to conference:
Porter Goss,
Bill Young,
Jerry Lewis,
Bud Shuster,
Bill McCollum,
Michael N. Castle,
Sherwood Boehlert,
Charles F. Bass,
Jim Gibbons,
Norman D. Dicks,
Julian C. Dixon,
David E. Skaggs,
Nancy Pelosi,
Jane Harman,
Ike Skelton,
Sanford D. Bishop, Jr.,
From the Committee on National Security, for
consideration of the House bill and the Senate
amendment, and modifications committed to
conference:
Floyd Spence,
Bob Stump,
Loretta Sanchez,
Managers on the Part of the House.
Richard Shelby,
John H. Chafee,
Dick Lugar,
Mike DeWine,
Jon Kyl,
Jim Inhofe,
Orrin G. Hatch,
Pat Roberts,
Wayne Allard,
Dan Coats,
Bob Kerrey,
John Glenn,
Richard H. Bryan,
Bob Graham,
John F. Kerry,
Max Baucus,
Chuck Robb,
Frank R. Lautenberg,
Carl Levin,
From the Committee on Armed Services:
Strom Thurmond,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 3694) to
authorize appropriations for fiscal year 1999 for intelligence
and the 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, submit the following joint statement to the
House and the Senate in explanation of the effect of the action
agreed upon by the managers and recommended in the accompanying
conference report:
The Senate amendment struck all of the House bill after
the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment. The differences between
the House bill, the Senate amendment, and the substitute agreed
to in conference are noted below, except for clerical
corrections, conforming changes made necessary by agreements
reached by the conferees, and minor drafting and clerical
changes.
The managers agree that the congressionally directed
actions described in the House bill, the Senate amendment, the
respective committee reports, or classified annexes should be
undertaken to the extent that such congressionally directed
actions are not amended, altered, or otherwise specifically
addressed in either this Joint Explanatory Statement or in the
classified annex to the conference report on the bill H.R.
3694.
Title I--Intelligence Activities
SEC. 101. AUTHORIZATION FOR APPROPRIATIONS
Section 101 of the conference report lists the
departments, agencies, and other elements of the United States
government for whose intelligence and intelligence-related
activities the Act authorizes appropriations for fiscal year
1999. Section 101 is identical to section 101 of the House bill
and section 101 of the Senate amendment.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS
Section 102 of the conference report makes clear that the
details of the amounts authorized to be appropriated for
intelligence and intelligence-related activities and applicable
personnel ceilings covered under this title for fiscal year
1999 are contained in a classified Schedule of Authorizations.
The classified Schedule of Authorizations is incorporated into
the Act by this section. The classified annex provides the
details of the Schedule, including a cost cap to the five year
and ten year costs of the Future Imagery Architecture. Section
102 is identical to section 102 of the House bill and section
102 of the Senate amendment.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS
Section 103 of the conference report authorizes the
Director of Central Intelligence, with the approval of the
Director of the Office of Management and Budget, in fiscal year
1999 to authorize employment of civilian personnel in excess of
the personnel ceilings applicable to the components of the
Intelligence Community under section 102 by an amount not to
exceed two percent of the total of the ceilings applicable
under section 102. The Director of Central Intelligence may
exercise this authority only if necessary to the performance of
important intelligence functions. Any exercise of this
authority must be reported to the intelligence committees of
the Congress.
The managers emphasize that the authority conferred by
section 103 is not intended to permit the wholesale raising of
personnel strength in any intelligence component. Rather, the
section provides the Director of Central Intelligence with
flexibility to adjust personnel levels temporarily for
contingencies and for overages caused by an imbalance between
hiring of new employees and attrition of current employees. The
managers do not expect the Director of Central Intelligence to
allow heads of intelligence components to plan to exceed levels
set in the Schedule of Authorizations except for the
satisfaction of clearly identified hiring needs which are
consistent with the authorization of personnel strengths in
this bill. In no case is this authority to be used to provide
for positions denied by this bill. Section 103 is identical to
section 103 of the House bill and section 103 of the Senate
amendment.
SEC. 104. COMMUNITY MANAGEMENT ACCOUNT
Section 104 of the conference report authorizes
appropriations for the Community Management Account (CMA) of
the Director of Central Intelligence (DCI) and sets the
personnel end-strength for the Intelligence Community
management staff for fiscal year 1999.
Subsection (a) authorizes appropriations of $129,123,000
for fiscal year 1999 for the activities of the CMA of the DCI.
This amount includes funds identified for the Advanced Research
and Development Committee and the Advanced Technology Group,
which shall remain available until September 30, 2000.
Beginning in fiscal year 1999, the Environmental Intelligence
and Applications Program will be funded through the DCI's
Environmental Center, rather than through this account.
Subsection (b) authorizes 283 full-time personnel for the
Community Management Staff for fiscal year 1999 and provides
that such personnel may be permanent employees of the Staff or
detailed from various elements of the United States government.
Subsection (c) authorizes additional appropriations and
personnel for the CMA as specified in the classified Schedule
of Authorizations and permits these additional amounts to
remain available through September 30, 2000.
Subsection (d) requires, except as provided in Section
113 of the National Security Act of 1947, or for temporary
situations of less than one year, that personnel from another
element of the United States government be detailed to an
element of the CMA on a reimbursable basis.
Subsection (e) authorizes $27,000,000 of the amount
authorized in subsection (a) to be made available for the
National Drug Intelligence Center (NDIC). Subsection (e) is
identical to subsection (e) of the House bill and subsection
(e) of the Senate amendment. The Senate, in its report on this
provision, would have fenced the entire $27,000,000 until the
Office of National Drug Control Policy (ONDCP) issued its
overdue report on the National Counter-Narcotics Architecture
Review, which was directed by Congress to be completed by April
1, 1998. The House had no such fence. While the managers
continue to require the prompt production of this report, they
do not wish to impede any part of the government's counter-
narcotics efforts. Consequently, the Senate recedes.
The failure of the Director of the ONDCP to comply with a
congressional requirement for this report is of concern.
The managers strongly believe that the NDIC should be the
facility that brings together all law enforcement and
intelligence information for integrated, all-source, cross-case
analysis. The continued isolation of domestic and foreign
aspects of the drug trafficking organizations for separate
analysis by different intelligence centers ignores the
transnational character of the drug trafficking threat to
national security. The Architecture Review should analyze the
ability and capacity of NDIC to serve as the focal point for
integrated analysis of foreign and domestic law enforcement
information combined with foreign intelligence information.
Subsection (f) authorizes the DCI to transfer funds to be
appropriated to the CMA for fiscal year 1999 to the Department
of State for specific purposes to be identified by the
Director. The House bill contained a similar provision. The
Senate amendment contained no such provision. The Senate agrees
with the House position.
The managers identified a shortfall in certain
Intelligence Community security arrangements at certain
overseas locations. The State Department has been aware of
these shortcomings for some time, but claims it lacks resources
to fund improvements. Thus, in order to alleviate the
Intelligence Community security concerns at those locations,
the transfer authority is provided.
This section allows the DCI to transfer funds from the
CMA only for the specific purposes, and in the specific
amounts, listed in the Classified Annex to this Joint
Explanatory Statement. Clearly, however, the managers do not
intend this section to create any new budget authority. Rather,
it is intended that the funds to be transferred will derive
from those funds to be appropriated to the CMA for fiscal year
1999.
The managers only agreed to this grant of authority with
the firm expectation that this will be a one-time action only.
This authority will expire at the end of fiscal year 1999. This
transfer authority is only being authorized to insure that the
State Department will immediately, in fiscal year 1999, begin
architectural and engineering security support at various
overseas locations. Without this immediate transfer authority,
the Intelligence Community would be required to rely on
practices that are flawed, as well as being extremely costly.
The managers acknowledge that the Intelligence Community
has worked hard over the past two years with the State
Department, the Defense Department, and the Office of
Management and Budget to provide a permanent solution to the
situation at issue. The Intelligence Community, in response to
the seriousness of the hostile intelligence threat directed at
United States interests, agreed to a one-time special cost-
sharing arrangement in fiscal year 1999 to alleviate any
continued concern.
sec. 105. authorization of emergency supplemental appropriations for
intelligence and intelligence-related activities
Section 105 specifically authorizes, for purposes of
section 504 of the National Security Act of 1947, those
intelligence and intelligence-related activities that were
deemed to have been authorized, pursuant to that section,
through the 1998 Supplemental Appropriations and Rescisions Act
(P.L. 105-174) and any supplemental appropriations that are
expected to contain emergency appropriations for fiscal year
1998. Neither the House bill, nor the Senate amendment,
contained these provisions. The managers agreed to include this
provision based on the requirements of section 504 of the
National Security Act of 1947.
Title II--Central Intelligence Agency Retirement and Disability System
sec. 201. authorization of appropriations
Section 201 is identical to section 201 of the Senate
amendment and section 201 of the House bill.
Title III--General Provisions
sec. 301. increase in employee compensation and benefits authorized by
law
Section 301 is identical to section 301 of the Senate
amendment and section 301 of the House bill.
sec. 302. restriction on conduct of intelligence activities
Section 302 is identical to section 302 of the Senate
amendment and section 302 of the House bill.
sec. 303. one-year extension of application of sanctions laws to
intelligence activities
Section 303 of the conference report extends until
January 6, 2000 the authority granted by section 303 of the
Intelligence Authorization Act for Fiscal Year 1996 for the
President to stay the imposition of an economic, cultural,
diplomatic, or other sanction or related action when the
President determines and reports to Congress that to proceed
without delay would seriously risk the compromise of an
intelligence source or method, or an ongoing criminal
investigation. Section 303 is identical to section 303 of the
House bill and section 303 of the Senate amendment.
sec. 304. sense of congress on intelligence community contracting
Section 304 expresses the sense of the Congress that the
Director of Central Intelligence should continue to direct
elements of the Intelligence Community to award contracts in a
manner that would maximize the procurement of products produced
in the United States, when such action is compatible with the
national security interests of the United States, consistent
with operational and security concerns, and fiscally sound. A
provision similar to section 304 has been included in previous
intelligence authorization acts. The Senate bill had no similar
provision. The Senate agrees with the House position.
sec. 305. modification of national security education program
A provision similar to section 305 was included in the
Senate amendment. The House bill contained no such provision.
The House agrees to the Senate provision.
sec. 306. requirement to direct competitive analysis of analytical
products having national importance
Section 306 amends section 102(g)(2) of the National
Security Act of 1947 (50 U.S.C. Sec. 403(g)(2)) to add an
additional duty for the Assistant Director of Central
Intelligence for Analysis and Production (ADCI/AP), namely to
direct competitive analysis of analytical products having
national importance. The Senate amendment contained a provision
identical tosection 306. The House bill had no similar
provision. The House recedes to the Senate provision.
Since the end of the Cold War and in response to budget
pressures, the Intelligence Community has experienced a
significant decrease in personnel. While this has had the
positive effect of increasing efficiency in some areas, in
other areas shortfalls are beginning to appear. Such a
shortfall is in the use of competitive analysis.
During the Cold War competitive analysis played a
crucial role in assuring that intelligence analysts did not
become accustomed to accepting the same assumptions. Instead,
analysts from different agencies and outside experts would
routinely challenge each other's analysis. This decreased the
opportunity for some elements within the community to become
victims of their own prejudices and biases. Analysts were
forced to defend their assumptions, logic, and analytical
judgments against competing analysis from other agencies.
Personnel reductions, however, made this routine competitive
analysis a luxury that no longer was affordable in the
downsizing of the early to mid-1990's.
Independent reports by retired Admiral David Jeremiah and
the former Secretary of Defense Donald Rumsfeld led to the
conclusion that the absence of competitive analysis contributed
to an incomplete explanation of the activities of several
foreign powers. This resulted in conclusions not helpful in the
policy-making process. In an era of declining resources, it is
more important than ever that issues of great significance be
subjected to independent analysis both from within and without
the Intelligence Community.
The managers believe it is important for the Director of
Central Intelligence to institutionalize formally the practice
of competitive analysis and direct that the responsibility be
assigned to the ADCI/AP.
The managers further direct the ADCI/AP to report to the
intelligence committees by March 15, 1999, his plan for
fulfilling the responsibility now assigned to him under section
403 of the National Security Act of 1947 as part of this
legislation.
SEC. 307. ANNUAL REPORTS TO CONGRESS
Section 307 requires the Director of Central Intelligence
to report to the Congress of the United States on an annual
basis on two significant issues faced by this country. The
first report should address the nature and extent of
cooperation between the Intelligence Community and federal law
enforcement agencies in combating drug trafficking.
The second report should address the safety and security
of Russian nuclear facilities and nuclear military forces.
The House bill contained a provision similar to section
307(a). The Senate amendment had no such provision. The Senate
agrees to the House position, with respect to the drug
trafficking report. The Senate amendment contained a provision
similar to section 307(b), which the House bill did not
contain. The House agrees to the Senate position regarding the
report onRussian nuclear facilities and nuclear military
forces.
SEC. 308. QUADRENNIAL INTELLIGENCE REVIEW
Section 308 is similar to a ``Sense of Congress''
provision contained within the Senate amendment. The House bill
contained no such provision. The House recedes to the Senate
provision, as modified.
SEC. 309. DESIGNATION OF HEADQUARTERS COMPOUND OF CENTRAL INTELLIGENCE
AGENCY AS THE GEORGE BUSH CENTER FOR INTELLIGENCE
The Senate amendment contained a provision to designate
the headquarters building of the Central Intelligence Agency
(CIA) in Langley, Virginia, as the ``George Herbert Walker Bush
Center for Central Intelligence.'' The House bill contained no
similar provision. The House did, however, pass by voice vote
on August 3, 1998, a bill (H.R. 3821) to designate the CIA
headquarters compound as the ``George H.W. Bush Center for
Central Intelligence.'' The managers agreed to the Senate
provision with modifications.
Section 309 will designate the CIA headquarters compound
at Langley, Virginia as the ``George Bush Center for
Intelligence.''
Former President George Bush has dedicated much of his
life to public service. During World War II, he flew for the
Navy in the Pacific Theater. In 1967, George Bush was elected
to the House of Representatives. He later served as Ambassador
to the United Nations. Following that assignment, George Bush
was appointed Chief of the U.S. Liaison Office to the People's
Republic of China.
In January 1976, George Bush was appointed Director of
Central Intelligence (DCI) by then-President Gerald Ford. He
held this position through the end of the Ford Administration.
Although his tenure as DCI was relatively short, it came at a
time when the U.S. Intelligence Community was undergoing
increasing public scrutiny and some criticism.
As DCI, George Bush brought innovation to the CIA, and
dramatically improved the morale within the Agency. George Bush
demonstrated leadership and integrity at a time when both were
desperately needed to help restore confidence in the CIA and
the other intelligence elements that make up the Intelligence
Community.
Currently, the headquarters compound does not have a
formal designation. The managers agreed that this designation
would be a fitting tribute to the only DCI to become President
of the United States. It is appropriate to memorialize George
Bush's integrity, work ethic, and dedication to public service
in this manner.
Title IV--Central Intelligence Agency
SEC. 401. ENHANCED PROTECTIVE AUTHORITY FOR CIA PERSONNEL AND FAMILY
MEMBERS
Section 401 is identical to a provision contained in the
House bill. The Senate amendment did not include such a
provision. The Senate agrees to the House position.
SEC. 402. AUTHORITY FOR RETROACTIVE PAYMENT OF SPECIFIED SPECIAL PAY
ALLOWANCE
Neither the House bill, nor the Senate amendment
contained a provision similar to section 402. The managers
agree, however, to include this provision to enable the
Director of Central Intelligence to provide retroactively a
special pay allowance to certain Intelligence Community
officers, who, because of a bureaucratic error, did not receive
a special pay allowance at the time they were otherwise
eligible to receive it. It was through no fault of their own
that this special pay allowance was not administered at the
time it was due and owing, but rather simply caused by a
bureaucratic miscue.
SEC. 403. TECHNICAL AMENDMENTS
Both the House bill and the Senate amendment contained a
similar provision. The Senate recedes to the House position,
with technical modifications.
Title V--Department of Defense Intelligence Activities
SEC. 501. EXTENSION OF AUTHORITY TO ENGAGE IN COMMERCIAL ACTIVITIES AS
SECURITY FOR INTELLIGENCE COLLECTION ACTIVITIES
Both the House bill and the Senate amendment contained
similar provisions. The House recedes to the Senate provision.
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 Senate amendment contained a similar provision. The
House bill did not. The House recedes to the Senate position.
SEC. 602. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
AND INTERNATIONAL TERRORISM INVESTIGATIONS
The Senate amendment contained a similar provision. The
House bill did not. The House recedes to the Senate position.
SEC. 603. CONFORMING AND CLERICAL AMENDMENTS
The Senate amendment contained a similar provision. The
House bill did not. The House recedes to the Senate position.
SEC. 604. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION REQUIREMENTS
This provision amends section 2518 of title 18, United
States Code, to allow federal judges to issue an order on the
conversations of a specific person, rather than on the
conversations that occur on a specific telephone. This
provision is identical to H.R. 3753, with a technical
correction, which was introduced in the House by Mr. McCollum,
Mr. Hyde, Mr. Conyers, and Mr. Schumer.
Under current law, judges issue wiretap orders
authorizing law enforcement officials to place a wiretap on a
specific telephone number. Criminals, including terrorists and
spies, know this and often try to avoid wiretaps by using pay
telephones on the street at random, or by using stolen or
cloned cell telephones. As law enforcement officials cannot
know the numbers of these telephones in advance, they are
unable to obtain a wiretap order on these numbers from a judge
in time to intercept the conversation, and the criminal is able
to evade interception of his communication.
This provision addresses this problem by authorizing
judges to issue an order authorizing the interception of all
communications made by a particular person, regardless of what
telephone he may use. The provision does not change the
existing law that requires law enforcement officials to show
that there is probable cause to believe that the suspect has
committed, or may commit, a crime. With this amendment, law
enforcement officials will be required to show that there is
probable cause to believe that the actions of the suspect could
have the effect of thwarting a wiretap on a specific telephone
were the court to order the more typical method of wiretap,
which targets a specific telephone number.
With this provision, law enforcement officials will be
able to follow a criminal suspect and ask the telephone company
to activate a wiretap on those telephones that the suspect is
shown to be using, or to have used. To do this, law enforcement
and telephone company officials would have to make prior
arrangements so that the location of the particular telephone
used by the suspect could be relayed to the telephone company
where employees would stand ready to ascertain the telephone
number being used (by cross-reference from the telephone
company's own records) and activate a wiretap on it. In the
case of cell telephones, law enforcement officials would use
existing scanner technology to intercept the telephone number
of the phone a suspect is about to use (before or during a
call) and then relay that number to telephone company
employees, who would then immediately activate a wiretap on
that number.
In order to ensure that only the conversation of the
suspect (and with whomever he speaks) is intercepted, the bill
does not allow law enforcement officials to activate on-going
wiretaps on all telephones they believe the suspect might use.
Significantly, law enforcement officials may only activate a
wiretap on a particular telephone and then only when it is
reasonable to presume that the suspect is ``reasonably
proximate'' to that phone. Thus, law enforcement officials will
have to use undercover agents or informants who can actually
see the suspect move toward a particular telephone, or enter a
room where there is only one or a limited number of telephones,
before they can activate a wiretap.
Neither the House bill, nor the Senate amendment
contained this provision. The managers agreed, however, to
include this language as part of the conference report.
SEC. 605. AUTHORITY OF ATTORNEY GENERAL TO ACCEPT VOLUNTARY SERVICES
Section 605 will allow the Attorney General to accept
voluntary services in furtherance of her law enforcement and
national security missions. This provision will assist the
Attorney General to find technological solutions to the ever-
increasing threat of encryption to those missions. The managers
agreed to include this language to support the Department of
Justice's and Federal Bureau of Investigation's future efforts
to address the technological advances that law enforcement will
face in future criminal and counter-intelligence investigations
and prosecutions. Neither the House bill, nor the Senate
amendment contained this or any other similar provision.
Title VII--Whistleblower Protection for Intelligence Community
Employees Reporting Urgent Concerns to Congress
The Senate amendment, S. 2052, contained a provision at
title V that would have directed the President to inform all
employees of the executive branch, and employees of contractors
carrying out duties under classified contracts, that the
disclosure of classified information reasonably believed by the
person to be evidence of a violation of law, regulation, or
rule; false statement to Congress; gross mismanagement, waste
of funds, abuse of authority; or a substantial and specific
danger to public safety, is not prohibited by law, executive
order, regulation, or otherwise contrary to public policy. The
Senate provision would have allowed disclosure of such
information to any Member or staff member of a committee of
Congress having primary oversight responsibility for the
department, agency, or element of the Federal Government to
which such information relates. The House bill contained no
similar title or provision. The House Permanent Select
Committee on Intelligence, however, did report the
``Intelligence Community Whistleblower Protection Act of 1998''
to the House on July 23, 1998. (H.R. Rep. No. 105-747, part 1.)
The managers agree to adopt a modified version of H.R.
3829. This title establishes an additional process to
accommodate the disclosure of classified information of
interest to Congress. The managers further agree that H.R. 3829
is not the exclusive process by which an Intelligence Community
employee may make a report to Congress. The managers agree that
the modified language furthers the goal of, and builds on, the
Senate language contained in S. 1668 and S. 2052, which was
adopted by the Senate on three occasions. The managers would
also highlight the fact that Senate action on this issue was
central to the development of this provision. The managers
incorporate by reference the Senate reports on S. 1668 and S.
2052 (S. Rep. Nos. 105-165 and 105-185, respectively) to
provide additional legislative history and the need for
congressional action on this issue. The two Senate reports on
this issue examine the significant constitutional implications
of this legislation. See S. Rep. Nos. 105-165 and 105-185. In
addition, the managers incorporate by reference the House
report on H.R. 3829 (H.R. Rep. No. 105-747, part 1) and adopt
that report as the legislative history for title VII of the
conference report.\1\
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\1\ Though incorporating House Report Number 105-747, part 1, by
reference, the managers make the following two corrections. First, in
the second paragraph under the heading, ``H.R. 3829 as Amended,'' at
page 14 of the House Report, the managers would modify the sentence
that provides: ``Administration witnesses described such a provision as
a constitutional and administrative imperative.''; to read as follows:
``Administration witnesses strongly supported such a provision based
upon constitutional and policy considerations.'' Further, in the first
sentence of the first paragraph under the heading, ``The Need for
Comity,'' on page 16 of the House Report, the managers would modify the
term ``constitutional prerogative'' to ``presidential prerogative.''
---------------------------------------------------------------------------
As an additional matter, and separate from the terms and
process established by H.R. 3829, the managers agree that an
Intelligence Community employee should not be subject to
reprisals or threat of reprisals for making a report to
appropriate Members or staff of the intelligence committees
about wrongdoing within the Intelligence Community.
One important modification to H.R. 3829 that exists in
the provision adopted by the managers pertains to the
responsibilities of intelligence committee Members and staff
receiving complaints or information through the process
outlined in this title. The provision makes it plain that an
intelligence committee Member or staff employee receiving such
complaints or information must abide by the rules of the
intelligence committees.
Provisions Not Included in the Conference Report
AUTHORITY FOR CENTRAL INTELLIGENCE AGENCY INSPECTOR GENERAL TO REVIEW
LEGISLATION
The Senate amendment contained a provision that would
have authorized the Inspector General (IG) of the Central
Intelligence Agency (CIA) to review existing and proposed
legislation affecting CIA and to make recommendations to
Congress in its semi-annual reports or otherwise. The House
bill contained no such provision. The managers, upon further
consideration of the issue, believed that this responsibility
is already set forth in similar form in the reporting
requirements of the CIA's IG in paragraph (1)(F) of section
17(d) of the CIA Act of 1949 (50 U.S.C. Sec. 403q(D)).
The managers have agreed to defer on this legislative
proposal to allow the newly installed CIA IG to determine
whether the current statutory authorities are sufficient to
permit his independent review of proposed and current
legislation.
Thus, the Senate recedes to the House position.
EXTENTION OF THE CIA VOLUNTARY SEPARATION PAY ACT
The Senate amendment contained a provision extending,
until September 30, 2001, the authority of the Director of
Central Intelligence (DCI) to offer early out incentives to its
employees. The House bill contained no such provision. The
Senate recedes to the House position.
The fact that the current authority does not expire until
the end of fiscal year 1999 combined with the considerable
concerns by another committee of the House with shared
jurisdiction over civil service pay and pension issues, led the
managers to omit this provision from the conference report. It
is anticipated that the issue of extending this authority of
the DCI could be addressed in separate legislation in the 106th
Congress.
From the Permanent Select Committee on
Intelligence, for consideration of the House
bill and the Senate amendment, and
modifications committed to conference:
Porter Goss,
Bill Young,
Jerry Lewis,
Bud Shuster,
Bill McCollum,
Michael N. Castle,
Sherwood Boehlert,
Charles F. Bass,
Jim Gibbons,
Norman D. Dicks,
Julian C. Dixon,
David E. Skaggs,
Nancy Pelosi,
Jane Harman,
Ike Skelton,
Sanford D. Bishop, Jr.,
From the Committee on National Security, for
consideration of the House bill and the Senate
amendment, and modifications committed to
conference;
Floyd Spence,
Bob Stump,
Loretta Sanchez,
Managers on the Part of the House.
Richard Shelby,
John H. Chafee,
Dick Lugar,
Mike DeWine,
Jon Kyl,
Jim Inhofe,
Orrin G. Hatch,
Pat Roberts,
Wayne Allard,
Dan Coats,
Bob Kerrey,
John Glenn,
Richard H. Bryan,
Bob Graham,
John F. Kerry,
Max Baucus,
Chuck Robb,
Frank R. Lautenberg,
Carl Levin,
From the Committee on Armed Services:
Strom Thurmond,
Managers on the Part of the Senate.
