Text: H.R.3694 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-272 (10/20/1998)

 
[105th Congress Public Law 272]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ272.105]

           INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 1999
Public Law 105-272
105th Congress

                                 An Act


 
 To authorize appropriations for fiscal year 1999 for intelligence and 
  intelligence-related activities of the United States Government, the 
   Community Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes. <<NOTE:  Oct. 
                       20, 1998 -  [H.R. 3694]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Intelligence Authorization 
Act for Fiscal Year 1999.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 1999''.
    (b) Table of Contents.--The table of contents for this Act is as 
follow:

Sec. 1. Short title; table of contents.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Community Management Account.
Sec. 105. Authorization of emergency supplemental appropriations for 
           fiscal year 1998.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

                      TITLE III--GENERAL PROVISIONS

Sec. 301. Increase in employee compensation and benefits authorized by 
           law.
Sec. 302. Restriction on conduct of intelligence activities.
Sec. 303. One-year extension of application of sanctions laws to 
           intelligence activities.
Sec. 304. Sense of Congress on intelligence community contracting.
Sec. 305. Modification of national security education program.
Sec. 306. Requirement to direct competitive analysis of analytical 
           products having National importance.
Sec. 307. Annual reports to Congress.
Sec. 308. Quadrennial intelligence review.
Sec. 309. Designation of headquarters compound of Central Intelligence 
           Agency as the George Bush Center for Intelligence.

                  TITLE IV--CENTRAL INTELLIGENCE AGENCY

Sec. 401. Enhanced protective authority for CIA personnel and family 
           members.
Sec. 402. Authority for retroactive payment of specified special pay 
           allowance.
Sec. 403. Technical amendments.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

Sec. 501. Extension of authority to engage in commercial activities as 
           security for intelligence collection activities.

       TITLE VI--FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM 
                             INVESTIGATIONS

Sec. 601. Pen registers and trap and trace devices in foreign 
           intelligence and international terrorism investigations.
Sec. 602. Access to certain business records for foreign intelligence 
           and international terrorism investigations.
Sec. 603. Conforming and clerical amendments.
Sec. 604. Wire and electronic communications interception requirements.
Sec. 605. Authority of Attorney General to accept voluntary services.

TITLE VII--WHISTLEBLOWER PROTECTION FOR INTELLIGENCE COMMUNITY EMPLOYEES 
                  REPORTING URGENT CONCERNS TO CONGRESS

Sec. 701. Short title; findings.
Sec. 702. Protection of intelligence community employees who report 
           urgent 
           concerns to Congress.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 1999 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
            (1) The Central Intelligence Agency.
            (2) The Department of Defense.
            (3) The Defense Intelligence Agency.
            (4) The National Security Agency.
            (5) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
            (6) The Department of State.
            (7) The Department of the Treasury.
            (8) The Department of Energy.
            (9) The Federal Bureau of Investigation.
            (10) The National Reconnaissance Office.
            (11) The National Imagery and Mapping Agency.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts and Personnel Ceilings.--The amounts 
authorized to be appropriated under section 101, and the authorized 
personnel ceilings as of September 30, 1999, for the conduct of the 
intelligence and intelligence-related activities of the elements listed 
in such section, are those specified in the classified Schedule of 
Authorizations prepared to accompany the conference report on the bill 
H.R. 3694 of the 105th Congress.
    (b) Availability <<NOTE: President.>> of Classified Schedule of 
Authorizations.--The Schedule of Authorizations shall be made available 
to the Committees on Appropriations of the Senate and House of 
Representatives and to the President. The President shall provide for 
suitable distribution of the Schedule, or of appropriate portions of the 
Schedule, within the Executive Branch.

SEC. 103. PERSONNEL CEILING ADJUSTMENTS.

    (a) Authority for Adjustments.--With the approval of the Director of 
the Office of Management and Budget, the Director of Central 
Intelligence may authorize employment of civilian personnel in excess of 
the number authorized for fiscal year 1999 under section 102 when the 
Director of Central Intelligence determines that such action is 
necessary to the performance of important intelligence functions, except 
that the number of personnel employed in excess of the number authorized 
under such section may not, for any element of the intelligence 
community, exceed 2 percent of the number of civilian personnel 
authorized under such section for such element.
    (b) Notice to Intelligence Committees.--The Director of Central 
Intelligence shall promptly notify the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee on 
Intelligence of the Senate upon an exercise of the authority granted by 
this section.

SEC. 104. COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Community Management Account of the Director of 
Central Intelligence for fiscal year 1999 the sum of $129,123,000. 
Within such amount, funds identified in the classified Schedule of 
Authorizations referred to in section 102(a) for the Advanced Research 
and Development Committee and the Advanced Technology Group shall remain 
available until September 30, 2000.
    (b) Authorized Personnel Levels.--The elements within the Community 
Management Account of the Director of Central Intelligence are 
authorized 283 full-time personnel as of September 30, 1999. Personnel 
serving in such elements may be permanent employees of the Community 
Management Staff or personnel detailed from other elements of the United 
States Government.
    (c) Classified Authorizations.--
            (1) Authorization of appropriations.--In addition to amounts 
        authorized to be appropriated for the Community Management 
        Account by subsection (a), there is also authorized to be 
        appropriated for the Community Management Account for fiscal 
        year 1999 such additional amounts as are specified in the 
        classified Schedule of Authorizations referred to in section 
        102(a). Such additional amounts shall remain available until 
        September 30, 2000.
            (2) Authorization of personnel.--In addition to the 
        personnel authorized by subsection (b) for elements of the 
        Community Management Account as of September 30, 1999, there is 
        authorized such additional personnel for such elements as of 
        that date as is specified in the classified Schedule of 
        Authorizations.

    (d) Reimbursement.--Except as provided in section 113 of the 
National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 1999, 
any officer or employee of the United States or member of the Armed 
Forces who is detailed to the staff of an element within the Community 
Management Account from another element of the United States Government 
shall be detailed on a reimbursable basis, except that any such officer, 
employee, or member may be detailed on a nonreimbursable basis for a 
period of less than 1 year for the performance of temporary functions as 
required by the Director of Central Intelligence.
    (e) National <<NOTE: 21 USC 873 note.>> Drug Intelligence Center.--
            (1) In general.--Of the amount appropriated pursuant to the 
        authorization in subsection (a), the amount of $27,000,000 shall 
        be available for the National Drug Intelligence Center. Within 
        such amount, funds provided for research, development, test, and 
        evaluation purposes shall remain available until September 30, 
        2000, and funds provided for procurement purposes shall remain 
        available until September 30, 2001.
            (2) Transfer of funds.--The Director of Central Intelligence 
        shall transfer to the Attorney General of the United States 
        funds available for the National Drug Intelligence Center under 
        paragraph (1). The Attorney General shall utilize funds so 
        transferred for the activities of the National Drug Intelligence 
        Center.
            (3) Limitation.--Amounts available for the National Drug 
        Intelligence Center may not be used in contravention of the 
        provisions of section 103(d)(1) of the National Security Act of 
        1947 (50 U.S.C. 403-3(d)(1)).
            (4) Authority.--Notwithstanding any other provision of law, 
        the Attorney General shall retain full authority over the 
        operations of the National Drug Intelligence Center.

    (f ) Transfer Authority for Funds for Security Requirements at 
Overseas Locations.--
            (1) In general.--Of the amount appropriated pursuant to the 
        authorization in subsection (a), the Director of Central 
        Intelligence may transfer funds to departments or other agencies 
        for the sole purpose of supporting certain intelligence 
        community security requirements at overseas locations, as 
        specified by the Director.
            (2) Limitation.--Amounts made available for departments or 
        agencies under paragraph (1) shall be--
                    (A) transferred to the specific appropriation;
                    (B) allocated to the specific account in the 
                specific amount, as determined by the Director;
                    (C) merged with funds in such account that are 
                available for architectural and engineering support 
                expenses at overseas locations; and
                    (D) available only for the same purposes, and 
                subject to the same terms and conditions, as the funds 
                described in subparagraph (C).

SEC. 105. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR 
            FISCAL YEAR 1998.

    (a) Authorization.--Amounts authorized to be appropriated for fiscal 
year 1998 under section 101 of the Intelligence Authorization Act for 
Fiscal Year 1998 (Public Law 105-107) for the conduct of the 
intelligence activities of elements of the United States Government 
listed in such section are hereby increased, with respect to any such 
authorized amount, by the amount by which appropriations pursuant to 
such authorization were increased by the 
following:
            (1) An emergency supplemental appropriation in title I of 
        the 1998 Supplemental Appropriations and Rescissions Act (Public 
        Law 105-174).
            (2) An emergency supplemental appropriation in a 
        supplemental appropriations Act for fiscal year 1998 that is 
        enacted after September 28, 1998, for such amounts as are 
        designated by Congress as an emergency requirement pursuant to 
        section 251(b)(2)(A) of the Balanced Budget and Emergency 
        Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).

    (b) Ratification.--For purposes of section 504 of the National 
Security Act of 1947 (50 U.S.C. 414), any obligation or expenditure of 
those amounts deemed to have been specifically authorized by Congress in 
the Act referred to in subsection (a)(1) and in the supplemental 
appropriations Act referred to in subsection (a)(2) is hereby ratified 
and confirmed.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 1999 the sum of 
$201,500,000.

                      TITLE III--GENERAL PROVISIONS

SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
            LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

    The authorization of appropriations by this Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of the 
United States.

SEC. 303. ONE-YEAR EXTENSION OF APPLICATION OF SANCTIONS LAWS TO 
            INTELLIGENCE ACTIVITIES.

    Section 905 of the National Security Act of 1947 (50 U.S.C. 441d) is 
amended by striking out ``January 6, 1999'' and inserting in lieu 
thereof ``January 6, 2000''.

SEC. 304. SENSE OF CONGRESS ON INTELLIGENCE COMMUNITY CONTRACTING.

    It is the sense of Congress that the Director of Central 
Intelligence should continue to direct that elements of the intelligence 
community, whenever compatible with the national security interests of 
the United States and consistent with operational and security concerns 
related to the conduct of intelligence activities, and where fiscally 
sound, should competitively award contracts in a manner that maximizes 
the procurement of products properly designated as having been made in 
the United States.

SEC. 305. MODIFICATION OF NATIONAL SECURITY EDUCATION 
            PROGRAM.

    (a) Assistance for Counterproliferation Studies.--The David L. Boren 
National Security Education Act of 1991 (50 U.S.C. 1901 et seq.) is 
amended as follows:
            (1) Section 801 (50 U.S.C. 1901) is amended by inserting 
        ``counterproliferation studies,'' after ``area studies,'' in 
        subsections (b)(7) and (c)(2).
            (2) Section 802 (50 U.S.C. 1902) is amended--
                    (A) in subsection (a), by inserting 
                ``counterproliferation studies,'' after ``area 
                studies,'' in paragraphs (1)(B)(i), (1)(C), and (4); and
                    (B) in subsection (b)(2), by inserting 
                ``counterproliferation study,'' after ``area study,'' in 
                subparagraphs (A)(ii) and (B)(ii).
            (3) Section 803 (50 U.S.C. 1903) is amended by striking out 
        ``and area'' in subsections (b)(8) and (d)(4) and inserting in 
        lieu thereof ``area, and counterproliferation''.
            (4) Section 806(b)(1) (50 U.S.C. 1906(b)(1)) is amended by 
        striking out ``and area'' and inserting in lieu thereof ``area, 
        and counterproliferation''.

    (b) Revision of Membership of National 
Security Education Board.--Section 803(b)(6) of such Act (50 U.S.C. 
1903(b)(6)) is amended to read as follows:
            ``(6) The Secretary of Energy.''.

SEC. 306. REQUIREMENT TO DIRECT COMPETITIVE ANALYSIS OF ANALYTICAL 
            PRODUCTS HAVING NATIONAL IMPORTANCE.

    Section 102(g)(2) of the National Security Act of 1947 (50 U.S.C. 
403(g)(2)) is amended--
            (1) by redesignating subparagraphs (D) and (E) as 
        subparagraphs (E) and (F), respectively; and
            (2) by inserting after subparagraph (C) the following new 
        subparagraph (D):
            ``(D) direct competitive analysis of analytical products 
        having National importance;''.

SEC. 307. ANNUAL REPORTS TO CONGRESS.

    (a) Additional Annual Reports from the Director of Central 
Intelligence.--Title I of the National Security Act of 1947 (50 U.S.C. 
401 et seq.) is amended by adding at the end the following new section:

  ``additional annual reports from the director of central intelligence

    ``Sec. 114. <<NOTE: 50 USC 404i. Deadline.>> (a) Report on 
Intelligence Community Cooperation with Federal Law Enforcement 
Agencies.--(1) Not later than December 31 of each year, the Director of 
Central Intelligence shall submit to the congressional intelligence 
committees and the congressional leadership a report describing the 
nature and extent of cooperation and assistance provided by the 
intelligence community to Federal law enforcement agencies with respect 
to efforts to stop the illegal importation into the United States of 
controlled substances (as that term is defined in section 102(6) of the 
Controlled Substances Act (21 U.S.C. 802(6)) that are included in 
schedule I or II under part B of such Act.

    ``(2) Each such report shall include a discussion of the following:
            ``(A) Illegal importation of such controlled substances 
        through transit zones such as the Caribbean Sea and across the 
        Southwest and northern borders of the United States.
            ``(B) Methodologies used for such illegal importation.
            ``(C) Additional routes used for such illegal importation.
            ``(D) Quantities of such controlled substances transported 
        through each route.

    ``(3) Each such report may be prepared in classified form, 
unclassified form, or unclassified form with a classified annex.
    ``(b) Annual Report on the Safety and Security of Russian Nuclear 
Facilities and Nuclear Military Forces.--(1) The Director of Central 
Intelligence shall, on an annual basis, submit to the congressional 
intelligence committees and the congressional leadership an intelligence 
report assessing the safety and security of the nuclear facilities and 
nuclear military forces in Russia.
    ``(2) Each such report shall include a discussion of the following:
            ``(A) The ability of the Government of Russia to maintain 
        its nuclear military forces.
            ``(B) The security arrangements at civilian and military 
        nuclear facilities in Russia.
            ``(C) The reliability of controls and safety systems at 
        civilian nuclear facilities in Russia.
            ``(D) The reliability of command and control systems and 
        procedures of the nuclear military forces in Russia.

    ``(3) Each such report shall be submitted in unclassified form, but 
may contain a classified annex.
    ``(c) Definitions.--In this section:
            ``(1) The term `congressional intelligence committees' means 
        the Permanent Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on Intelligence of the 
        Senate.
            ``(2) The term `congressional leadership' means the Speaker 
        and the minority leader of the House of Representatives and the 
        majority leader and the minority leader of the Senate.''.

    (b) Clerical Amendment.--The table of contents in the first section 
of such Act is amended by inserting after the item relating to section 
113 the following new item:

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

    (c) Date for <<NOTE: 50 USC 404i note.>> First Report on Cooperation 
With Civilian Law Enforcement Agencies.--The first report under section 
114(a) of the National Security Act of 1947, as added by subsection (a), 
shall be submitted not later than December 31, 1999.

SEC. 308. QUADRENNIAL INTELLIGENCE REVIEW.

    (a) Sense of Congress.--It is the sense of Congress--
            (1) that the Director of Central Intelligence and the 
        Secretary of Defense should jointly complete, in 1999 and every 
        4 years thereafter, a comprehensive review of United States 
        intelligence programs and activities, with each such review--
                    (A) to include assessments of intelligence policy, 
                resources, manpower, organization, and related matters; 
                and
                    (B) to encompass the programs and activities funded 
                under the National Foreign Intelligence Program (NFIP), 
                the Joint Military Intelligence Program (JMIP), and the 
                Tactical Intelligence and Related Activities (TIARA) 
                accounts;
            (2) that the results of each review should be shared with 
        the appropriate committees of Congress and the congressional 
        leadership; and
            (3) that the Director, in conjunction with the Secretary, 
        should establish a nonpartisan, independent panel (with members 
        chosen in consultation with the appropriate committees of 
        Congress and the congressional leadership from individuals in 
        the private sector) in order to--
                    (A) assess each review under paragraph (1);
                    (B) conduct an assessment of alternative 
                intelligence structures to meet the anticipated 
                intelligence requirements for the national security and 
                foreign policy of the United States through the year 
                2010; and
                    (C) make recommendations to the Director and the 
                Secretary regarding the optimal intelligence structure 
                for the United States in light of the assessment under 
                subparagraph (B).

    (b) Report.--(1) Not <<NOTE: Deadline.>> later than December 1, 
1998, the Director of Central Intelligence and the Secretary of Defense 
shall jointly submit to the committees specified in paragraph (2) the 
views of the Director and the Secretary regarding--
            (A) the potential value of conducting quadrennial 
        intelligence reviews as described in subsection (a)(1); and
            (B) the potential value of assessments of such reviews as 
        described in subsection (a)(3)(A).

    (2) The committees referred to in paragraph (1) are the 
following:
            (A) The Select Committee on Intelligence, the Committee on 
        Armed Services, and the Committee on Appropriations of the 
        Senate.
            (B) The Permanent Select Committee on Intelligence, the 
        Committee on National Security, and the Committee on 
        Appropriations of the House of Representatives.

SEC. 309. <<NOTE: Virginia. 50 USC 403-1 note.>> DESIGNATION OF 
            HEADQUARTERS COMPOUND OF CENTRAL INTELLIGENCE AGENCY AS THE 
            GEORGE BUSH CENTER FOR INTELLIGENCE.

    (a) Designation.--The headquarters compound of the Central 
Intelligence Agency located in Langley, Virginia, shall be known and 
designated as the ``George Bush Center for Intelligence''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the headquarters compound 
referred to in subsection (a) shall be deemed to be a reference to the 
``George Bush Center for Intelligence''.

                  TITLE IV--CENTRAL INTELLIGENCE AGENCY

SEC. 401. ENHANCED PROTECTIVE AUTHORITY FOR CIA PERSONNEL AND FAMILY 
            MEMBERS.

    Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403f(a)(4)) is amended by striking out ``and the protection of 
Agency personnel and of defectors, their families,'' and inserting in 
lieu thereof ``and the protection of current and former Agency personnel 
and their immediate families, defectors and their immediate families,''.

SEC. 402. AUTHORITY FOR RETROACTIVE PAYMENT OF SPECIFIED 
            SPECIAL PAY ALLOWANCE.

    (a) Authorization.--The Director of Central Intelligence may make 
payments with respect to the period beginning on January 30, 1998, and 
ending on April 7, 1998, of the special pay allowance described in the 
Central Intelligence Agency notice dated April 7, 1998 (notwithstanding 
the otherwise applicable effective date for such payments of April 7, 
1998).
    (b) Funds Available.--Payments authorized by subsection (a) may be 
made from amounts appropriated for the Central Intelligence Agency for 
fiscal year 1998 or for fiscal year 1999.

SEC. 403. TECHNICAL AMENDMENTS.

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

    (b) Central Intelligence Agency Retirement Act.--Section 201(c) of 
the Central Intelligence Agency Retirement Act (50 U.S.C. 2011(c)) is 
amended by striking out ``section 103(c)(5) of the National Security Act 
of 1947 (50 U.S.C. 403-3(c)(5))'' and inserting in lieu thereof 
``paragraph (6) of section 103(c) of the National Security Act of 1947 
(50 U.S.C. 403-3(c))''.

         TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

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

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

       TITLE VI--FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM 
                             INVESTIGATIONS

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

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

    ``TITLE IV--PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN 
                          INTELLIGENCE PURPOSES

                              ``definitions

    ``Sec. 401. <<NOTE: 50 USC 1841.>> As used in this title:
            ``(1) The terms `foreign power', `agent of a foreign power', 
        `international terrorism', `foreign intelligence information', 
        `Attorney General', `United States person', `United States', 
        `person', and `State' shall have the same meanings as in section 
        101 of this Act.
            ``(2) The terms `pen register' and `trap and trace device' 
        have the meanings given such terms in section 3127 of title 18, 
        United States Code.
            ``(3) The term `aggrieved person' means any person--
                    ``(A) whose telephone line was subject to the 
                installation or use of a pen register or trap and trace 
                device authorized by this title; or
                    ``(B) whose communication instrument or device was 
                subject to the use of a pen register or trap and trace 
                device authorized by this title to capture incoming 
                electronic or other communications impulses.

``pen registers and trap and trace devices for foreign intelligence and 
                 international terrorism investigations

    ``Sec. 402. (a)(1) <<NOTE: 50 USC 1842.>> Notwithstanding any other 
provision of law, the Attorney General or a designated attorney for the 
Government may make an application for an order or an extension of an 
order authorizing or approving the installation and use of a pen 
register or trap and trace device for any investigation to gather 
foreign intelligence information or information concerning international 
terrorism which is being conducted by the Federal Bureau of 
Investigation under such guidelines as the Attorney General approves 
pursuant to Executive Order No. 12333, or a successor order.

    ``(2) The authority under paragraph (1) is in addition to the 
authority under title I of this Act to conduct the electronic 
surveillance referred to in that paragraph.
    ``(b) Each application under this section shall be in writing under 
oath or affirmation to--
            ``(1) a judge of the court established by section 103(a) of 
        this Act; or
            ``(2) a United States Magistrate Judge under chapter 43 of 
        title 28, United States Code, who is publicly designated by the 
        Chief Justice of the United States to have the power to hear 
        applications for and grant orders approving the installation and 
        use of a pen register or trap and trace device on behalf of a 
        judge of that court.

    ``(c) Each application under this section shall require the approval 
of the Attorney General, or a designated attorney for the Government, 
and shall include--
            ``(1) the identity of the Federal officer seeking to use the 
        pen register or trap and trace device covered by the 
        application;
            ``(2) a certification by the applicant that the information 
        likely to be obtained is relevant to an ongoing foreign 
        intelligence or international terrorism investigation being 
        conducted by the Federal Bureau of Investigation under 
        guidelines approved by the Attorney General; and
            ``(3) information which demonstrates that there is reason to 
        believe that the telephone line to which the pen register or 
        trap and trace device is to be attached, or the communication 
        instrument or device to be covered by the pen register or trap 
        and trace device, has been or is about to be used in 
        communication with--
                    ``(A) an individual who is engaging or has engaged 
                in international terrorism or clandestine intelligence 
                activities that involve or may involve a violation of 
                the criminal laws of the United States; or
                    ``(B) a foreign power or agent of a foreign power 
                under circumstances giving reason to believe that the 
                communication concerns or concerned international 
                terrorism or clandestine intelligence activities that 
                involve or may involve a violation of the criminal laws 
                of the United States.

    ``(d)(1) Upon an application made pursuant to this section, the 
judge shall enter an ex parte order as requested, or as modified, 
approving the installation and use of a pen register or trap and trace 
device if the judge finds that the application satisfies the 
requirements of this section.
    ``(2) An order issued under this section--
            ``(A) shall specify--
                    ``(i) the identity, if known, of the person who is 
                the subject of the foreign intelligence or international 
                terrorism investigation;
                    ``(ii) in the case of an application for the 
                installation and use of a pen register or trap and trace 
                device with respect to a telephone line--
                          ``(I) the identity, if known, of the person to 
                      whom is leased or in whose name the telephone line 
                      is listed; and
                          ``(II) the number and, if known, physical 
                      location of the telephone line; and
                    ``(iii) in the case of an application for the use of 
                a pen register or trap and trace device with respect to 
                a communication instrument or device not covered by 
                clause (ii)--
                          ``(I) the identity, if known, of the person 
                      who owns or leases the instrument or device or in 
                      whose name the instrument or device is listed; and
                          ``(II) the number of the instrument or device; 
                      and
            ``(B) shall direct that--
                    ``(i) upon request of the applicant, the provider of 
                a wire or electronic communication service, landlord, 
                custodian, or other person shall furnish any 
                information, facilities, or technical assistance 
                necessary to accomplish the installation and operation 
                of the pen register or trap and trace device in such a 
                manner as will protect its secrecy and produce a minimum 
                amount of interference with the services that such 
                provider, landlord, custodian, or other person is 
                providing the person concerned;
                    ``(ii) such provider, landlord, custodian, or other 
                person--
                          ``(I) shall not disclose the existence of the 
                      investigation or of the pen register or trap and 
                      trace device to any person unless or until ordered 
                      by the court; and
                          ``(II) <<NOTE: Records.>> shall maintain, 
                      under security procedures approved by the Attorney 
                      General and the Director of Central Intelligence 
                      pursuant to section 105(b)(2)(C) of this Act, any 
                      records concerning the pen register or trap and 
                      trace device or the aid furnished; and
                    ``(iii) the applicant shall compensate such 
                provider, landlord, custodian, or other person for 
                reasonable expenses incurred by such provider, landlord, 
                custodian, or other person in providing such 
                information, facilities, or technical assistance.

    ``(e) An order issued under this section shall authorize the 
installation and use of a pen register or trap and trace device for a 
period not to exceed 90 days. Extensions of such an order may be 
granted, but only upon an application for an order under this section 
and upon the judicial finding required by subsection (d). The period of 
extension shall be for a period not to exceed 90 days.
    ``(f ) No cause of action shall lie in any court against any 
provider of a wire or electronic communication service, landlord, 
custodian, or other person (including any officer, employee, agent, or 
other specified person thereof ) that furnishes any information, 
facilities, or technical assistance under subsection (d) in accordance 
with the terms of a court under this section.
    ``(g) Unless otherwise ordered by the judge, the results of a pen 
register or trap and trace device shall be furnished at reasonable 
intervals during regular business hours for the duration of the order to 
the authorized Government official or officials.

                   ``authorization during emergencies

    ``Sec. 403. (a) <<NOTE: 50 USC 1843.>> Notwithstanding any other 
provision of this title, when the Attorney General makes a determination 
described in subsection (b), the Attorney General may authorize the 
installation and use of a pen register or trap and trace device on an 
emergency basis to gather foreign intelligence information or 
information concerning international terrorism if--
            ``(1) a judge referred to in section 402(b) of this Act is 
        informed by the Attorney General or his designee at the time of 
        such authorization that the decision has been made to install 
        and use the pen register or trap and trace device, as the case 
        may be, on an emergency basis; and
            ``(2) an application in accordance with section 402 of this 
        Act is made to such judge as soon as practicable, but not more 
        than 48 hours, after the Attorney General authorizes the 
        installation and use of the pen register or trap and trace 
        device, as the case may be, under this section.

    ``(b) A determination under this subsection is a reasonable 
determination by the Attorney General that--
            ``(1) an emergency requires the installation and use of a 
        pen register or trap and trace device to obtain foreign 
        intelligence information or information concerning international 
        terrorism before an order authorizing the installation and use 
        of the pen register or trap and trace device, as the case may 
        be, can with due diligence be obtained under section 402 of this 
        Act; and
            ``(2) the factual basis for issuance of an order under such 
        section 402 to approve the installation and use of the pen 
        register or trap and trace device, as the case may be, exists.

    ``(c)(1) In the absence of an order applied for under subsection 
(a)(2) approving the installation and use of a pen register or trap and 
trace device authorized under this section, the installation and use of 
the pen register or trap and trace device, as the case may be, shall 
terminate at the earlier of--
            ``(A) when the information sought is obtained;
            ``(B) when the application for the order is denied under 
        section 402 of this Act; or
            ``(C) 48 hours after the time of the authorization by the 
        Attorney General.

    ``(2) In the event that an application for an order applied for 
under subsection (a)(2) is denied, or in any other case where the 
installation and use of a pen register or trap and trace device under 
this section is terminated and no order under section 402 of this Act is 
issued approving the installation and use of the pen register or trap 
and trace device, as the case may be, no information obtained or 
evidence derived from the use of the pen register or trap and trace 
device, as the case may be, shall be received in evidence or otherwise 
disclosed in any trial, hearing, or other proceeding in or before any 
court, grand jury, department, office, agency, regulatory body, 
legislative committee, or other authority of the United States, a State, 
or political subdivision thereof, and no information concerning any 
United States person acquired from the use of the pen register or trap 
and trace device, as the case may be, shall subsequently be used or 
disclosed in any other manner by Federal officers or employees without 
the consent of such person, except with the approval of the Attorney 
General if the information indicates a threat of death or serious bodily 
harm to any person.

                   ``authorization during time of war

    ``Sec. 404. <<NOTE: 50 USC 1844.>> Notwithstanding any other 
provision of law, the President, through the Attorney General, may 
authorize the use of a pen register or trap and trace device without a 
court order under this title to acquire foreign intelligence information 
for a period not to exceed 15 calendar days following a declaration of 
war by Congress.

                          ``use of information

    ``Sec. 405. (a)(1) <<NOTE: 50 USC 1845.>> Information acquired from 
the use of a pen register or trap and trace device installed pursuant to 
this title concerning any United States person may be used and disclosed 
by Federal officers and employees without the consent of the United 
States person only in accordance with the provisions of this section.

    ``(2) No information acquired from a pen register or trap and trace 
device installed and used pursuant to this title may be used or 
disclosed by Federal officers or employees except for lawful purposes.
    ``(b) No information acquired pursuant to this title shall be 
disclosed for law enforcement purposes unless such disclosure is 
accompanied by a statement that such information, or any information 
derived therefrom, may only be used in a criminal proceeding with the 
advance authorization of the Attorney General.
    ``(c) Whenever the United States intends to enter into evidence or 
otherwise use or disclose in any trial, hearing, or other proceeding in 
or before any court, department, officer, agency, regulatory body, or 
other authority of the United States against an aggrieved person any 
information obtained or derived from the use of a pen register or trap 
and trace device pursuant to this title, the United States shall, before 
the trial, hearing, or the other proceeding or at a reasonable time 
before an effort to so disclose or so use that information or submit it 
in evidence, notify the aggrieved person and the court or other 
authority in which the information is to be disclosed or used that the 
United States intends to so disclose or so use such information.
    ``(d) Whenever any State or political subdivision thereof intends to 
enter into evidence or otherwise use or disclose in any trial, hearing, 
or other proceeding in or before any court, department, officer, agency, 
regulatory body, or other authority of the State or political 
subdivision thereof against an aggrieved person any information obtained 
or derived from the use of a pen register or trap and trace device 
pursuant to this title, the State or political subdivision thereof shall 
notify the aggrieved person, the court or other authority in which the 
information is to be disclosed or used, and the Attorney General that 
the State or political subdivision thereof intends to so disclose or so 
use such information.
    ``(e)(1) Any aggrieved person against whom evidence obtained or 
derived from the use of a pen register or trap and trace device is to 
be, or has been, introduced or otherwise used or disclosed in any trial, 
hearing, or other proceeding in or before any court, department, 
officer, agency, regulatory body, or other authority of the United 
States, or a State or political subdivision thereof, may move to 
suppress the evidence obtained or derived from the use of the pen 
register or trap and trace device, as the case may be, on the grounds 
that--
            ``(A) the information was unlawfully acquired; or
            ``(B) the use of the pen register or trap and trace device, 
        as the case may be, was not made in conformity with an order of 
        authorization or approval under this title.

    ``(2) A motion under paragraph (1) shall be made before the trial, 
hearing, or other proceeding unless there was no opportunity to make 
such a motion or the aggrieved person concerned was not aware of the 
grounds of the motion.
    ``(f )(1) <<NOTE: Courts.>> Whenever a court or other authority is 
notified pursuant to subsection (c) or (d), whenever a motion is made 
pursuant to subsection (e), or whenever any motion or request is made by 
an aggrieved person pursuant to any other statute or rule of the United 
States or any State before any court or other authority of the United 
States or any State to discover or obtain applications or orders or 
other materials relating to the use of a pen register or trap and trace 
device authorized by this title or to discover, obtain, or suppress 
evidence or information obtained or derived from the use of a pen 
register or trap and trace device authorized by this title, the United 
States district court or, where the motion is made before another 
authority, the United States district court in the same district as the 
authority shall, notwithstanding any other provision of law and if the 
Attorney General files an affidavit under oath that disclosure or any 
adversary hearing would harm the national security of the United States, 
review in camera and ex parte the application, order, and such other 
materials relating to the use of the pen register or trap and trace 
device, as the case may be, as may be necessary to determine whether the 
use of the pen register or trap and trace device, as the case may be, 
was lawfully authorized and conducted.

    ``(2) In making a determination under paragraph (1), the court may 
disclose to the aggrieved person, under appropriate security procedures 
and protective orders, portions of the application, order, or other 
materials relating to the use of the pen register or trap and trace 
device, as the case may be, or may require the Attorney General to 
provide to the aggrieved person a summary of such materials, only where 
such disclosure is necessary to make an accurate determination of the 
legality of the use of the pen register or trap and trace device, as the 
case may be.
    ``(g)(1) If the United States district court determines pursuant to 
subsection (f ) that the use of a pen register or trap and trace device 
was not lawfully authorized or conducted, the court may, in accordance 
with the requirements of law, suppress the evidence which was unlawfully 
obtained or derived from the use of the pen register or trap and trace 
device, as the case may be, or otherwise grant the motion of the 
aggrieved person.
    ``(2) If the court determines that the use of the pen register or 
trap and trace device, as the case may be, was lawfully authorized or 
conducted, it may deny the motion of the aggrieved person except to the 
extent that due process requires discovery or disclosure.
    ``(h) Orders granting motions or requests under subsection (g), 
decisions under this section that the use of a pen register or trap and 
trace device was not lawfully authorized or conducted, and orders of the 
United States district court requiring review or granting disclosure of 
applications, orders, or other materials relating to the installation 
and use of a pen register or trap and trace device shall be final orders 
and binding upon all courts of the United States and the several States 
except a United States Court of Appeals or the Supreme Court.

                        ``congressional oversight

    ``Sec. 406. (a) <<NOTE: 50 USC 1846.>> On a semiannual basis, the 
Attorney General shall fully inform the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee on 
Intelligence of the Senate concerning all uses of pen registers and trap 
and trace devices pursuant to this title.

    ``(b) On a <<NOTE: Reports.>> semiannual basis, the Attorney General 
shall also provide to the committees referred to in subsection (a) and 
to the Committees on the Judiciary of the House of Representatives and 
the Senate a report setting forth with respect to the preceding 6-month 
period--
            ``(1) the total number of applications made for orders 
        approving the use of pen registers or trap and trace devices 
        under this title; and
            ``(2) the total number of such orders either granted, 
        modified, or denied.''.

SEC. 602. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
            AND INTERNATIONAL TERRORISM INVESTIGATIONS.

    The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.), as amended by section 601 of this Act, is further amended by 
inserting after title IV, as added by such section 601, the following 
new title:

 ``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
                                PURPOSES

                              ``definitions

    ``Sec. 501. <<NOTE: 50 USC 1861.>> As used in this title:
            ``(1) The terms `foreign power', `agent of a foreign power', 
        `foreign intelligence information', `international terrorism', 
        and `Attorney General' shall have the same meanings as in 
        section 101 of this Act.
            ``(2) The term `common carrier' means any person or entity 
        transporting people or property by land, rail, water, or air for 
        compensation.
            ``(3) The term `physical storage facility' means any 
        business or entity that provides space for the storage of goods 
        or materials, or services related to the storage of goods or 
        materials, to the public or any segment thereof.
            ``(4) The term `public accommodation facility' means any 
        inn, hotel, motel, or other establishment that provides lodging 
        to transient guests.
            ``(5) The term `vehicle rental facility' means any person or 
        entity that provides vehicles for rent, lease, loan, or other 
        similar use to the public or any segment thereof.

   ``access to certain business records for foreign intelligence and 
                 international terrorism investigations

    ``Sec. 502. (a) <<NOTE: 50 USC 1862.>> The Director of the Federal 
Bureau of Investigation or a designee of the Director (whose rank shall 
be no lower than Assistant Special Agent in Charge) may make an 
application for an order authorizing a common carrier, public 
accommodation facility, physical storage facility, or vehicle rental 
facility to release records in its possession for an investigation to 
gather foreign intelligence information or an investigation concerning 
international terrorism which investigation is being conducted by the 
Federal Bureau of Investigation under such guidelines as the Attorney 
General approves pursuant to Executive Order No. 12333, or a successor 
order.

    ``(b) Each application under this section--
            ``(1) shall be made to--
                    ``(A) a judge of the court established by section 
                103(a) of this Act; or
                    ``(B) a United States Magistrate Judge under chapter 
                43 of title 28, United States Code, who is publicly 
                designated by the Chief Justice of the United States to 
                have the power to hear applications and grant orders for 
                the release of records under this section on behalf of a 
                judge of that court; and
            ``(2) shall specify that--
                    ``(A) the records concerned are sought for an 
                investigation described in subsection (a); and
                    ``(B) there are specific and articulable facts 
                giving reason to believe that the person to whom the 
                records pertain is a foreign power or an agent of a 
                foreign power.

    ``(c)(1) Upon application made pursuant to this section, the judge 
shall enter an ex parte order as requested, or as modified, approving 
the release of records if the judge finds that the application satisfies 
the requirements of this section.
    ``(2) An order under this subsection shall not disclose that it is 
issued for purposes of an investigation described in sub-
section (a).
    ``(d)(1) Any common carrier, public accommodation facility, physical 
storage facility, or vehicle rental facility shall comply with an order 
under subsection (c).
    ``(2) No common carrier, public accommodation facility, physical 
storage facility, or vehicle rental facility, or officer, employee, or 
agent thereof, shall disclose to any person (other than those officers, 
agents, or employees of such common carrier, public accommodation 
facility, physical storage facility, or vehicle rental facility 
necessary to fulfill the requirement to disclose information to the 
Federal Bureau of Investigation under this section) that the Federal 
Bureau of Investigation has sought or obtained records pursuant to an 
order under this section.

                        ``congressional oversight

    ``Sec. 503. (a) <<NOTE: 50 USC 1863.>> On a semiannual basis, the 
Attorney General shall fully inform the Permanent Select Committee on 
Intelligence of the House of Representatives and the Select Committee on 
Intelligence of the Senate concerning all requests for records under 
this title.

    ``(b) <<NOTE: Reports.>> On a semiannual basis, the Attorney General 
shall provide to the Committees on the Judiciary of the House of 
Representatives and the Senate a report setting forth with respect to 
the preceding 6-month period--
            ``(1) the total number of applications made for orders 
        approving requests for records under this title; and
            ``(2) the total number of such orders either granted, 
        modified, or denied.''.

SEC. 603. CONFORMING AND CLERICAL AMENDMENTS.

    (a) Conforming Amendment.--Section 601 of the Foreign Intelligence 
Surveillance Act of 1978, as redesignated by section 601(1) <<NOTE: 50 
USC 1801 note.>> of this Act, is amended by striking out ``other than 
title III'' and inserting in lieu thereof ``other than titles III, IV, 
and V''.

    (b) Clerical Amendment.--The table of contents at the beginning of 
the Foreign Intelligence Surveillance Act of 1978 is amended by striking 
out the items relating to title IV and section 401 and inserting in lieu 
thereof the following:

    ``TITLE IV--PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN 
                          INTELLIGENCE PURPOSES

``401. Definitions.
``402. Pen registers and trap and trace devices for foreign intelligence 
           and international terrorism investigations.
``403. Authorization during emergencies.
``404. Authorization during time of war.
``405. Use of information.
``406. Congressional oversight.

 ``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
                                PURPOSES

``501. Definitions.
``502. Access to certain business records for foreign intelligence and 
           international terrorism investigations.
``503. Congressional oversight.

                       ``TITLE VI--EFFECTIVE DATE

``601. Effective date.''.

SEC. 604. WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION REQUIREMENTS.

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

    (b) Conforming Amendments.--Section 2518(12) of title 18, United 
States Code, is amended--
            (1) by inserting ``(a)'' after ``by reason of subsection 
        (11)'';
            (2) by striking ``the facilities from which, or''; and
            (3) by striking the comma following ``where''.

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

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

  TITLE <<NOTE: Intelligence Community Whistleblower Protection Act of 
    1998.>> VII--WHISTLEBLOWER PROTECTION FOR INTELLIGENCE COMMUNITY 
EMPLOYEES REPORTING URGENT CONCERNS TO CONGRESS

SEC. 701. SHORT TITLE; FINDINGS.

    (a) Short <<NOTE: 5 USC app. 1 note.>> Title.--This title may be 
cited as the ``Intelligence Community Whistleblower Protection Act of 
1998''.

    (b) Findings.--The <<NOTE: 5 USC app. 8H note.>> Congress finds 
that--
            (1) national security is a shared responsibility, requiring 
        joint efforts and mutual respect by Congress and the President;
            (2) the principles of comity between the branches of 
        Government apply to the handling of national security 
        information;
            (3) Congress, as a co-equal branch of Government, is 
        empowered by the Constitution to serve as a check on the 
        executive branch; in that capacity, it has a ``need to know'' of 
        allegations of wrongdoing within the executive branch, including 
        allegations of wrongdoing in the Intelligence Community;
            (4) no basis in law exists for requiring prior authorization 
        of disclosures to the intelligence committees of Congress by 
        employees of the executive branch of classified information 
        about wrongdoing within the Intelligence Community;
            (5) the risk of reprisal perceived by employees and 
        contractors of the Intelligence Community for reporting serious 
        or flagrant problems to Congress may have impaired the flow of 
        information needed by the intelligence committees to carry out 
        oversight responsibilities; and
            (6) to encourage such reporting, an additional procedure 
        should be established that provides a means for such employees 
        and contractors to report to Congress while safeguarding the 
        classified information involved in such reporting.

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

    (a) Inspector General of the Central Intelligence Agency.--
            (1) In general.--Subsection (d) of section 17 of the Central 
        Intelligence Agency Act of 1949 (50 U.S.C. 403q) is amended by 
        adding at the end the following new paragraph:

    ``(5)(A) An employee of the Agency, or of a contractor to the 
Agency, who intends to report to Congress a complaint or information 
with respect to an urgent concern may report such complaint or 
information to the Inspector General.
    ``(B) Not  <<NOTE: Deadline.>> later than the end of the 14-calendar 
day period beginning on the date of receipt from an employee of a 
complaint or information under subparagraph (A), the Inspector General 
shall determine whether the complaint or information appears credible. 
If the Inspector General determines that the complaint or information 
appears credible, the Inspector General shall, before the end of such 
period, transmit the complaint or information to the Director.

    ``(C) Upon receipt of a transmittal from the Inspector General under 
subparagraph (B), the Director shall, within 7 calendar days of such 
receipt, forward such transmittal to the intelligence committees, 
together with any comments the Director considers appropriate.
    ``(D)(i) If the Inspector General does not transmit, or does not 
transmit in an accurate form, the complaint or information described in 
subparagraph (B), the employee (subject to clause (ii)) may submit the 
complaint or information to Congress by contacting either or both of the 
intelligence committees directly.
    ``(ii) The employee may contact the intelligence committees directly 
as described in clause (i) only if the employee--
            ``(I) before making such a contact, furnishes to the 
        Director, through the Inspector General, a statement of the 
        employee's complaint or information and notice of the employee's 
        intent to contact the intelligence committees directly; and
            ``(II) obtains and follows from the Director, through the 
        Inspector General, direction on how to contact the intelligence 
        committees in accordance with appropriate security practices.

    ``(iii) A member or employee of one of the intelligence committees 
who receives a complaint or information under clause (i) does so in that 
member or employee's official capacity as a member or employee of that 
committee.
    ``(E) The <<NOTE: Notification.>> Inspector General shall notify an 
employee who reports a complaint or information to the Inspector General 
under this paragraph of each action taken under this paragraph with 
respect to the complaint or information. <<NOTE: Deadline.>> Such notice 
shall be provided not later than 3 days after any such action is taken.

    ``(F) An action taken by the Director or the Inspector General under 
this paragraph shall not be subject to judicial review.
    ``(G) In this paragraph:
            ``(i) The term `urgent concern' means any of the following:
                    ``(I) A serious or flagrant problem, abuse, 
                violation of law or Executive order, or deficiency 
                relating to the funding, administration, or operations 
                of an intelligence activity involving classified 
                information, but does not include differences of 
                opinions concerning public policy matters.
                    ``(II) A false statement to Congress, or a willful 
                withholding from Congress, on an issue of material fact 
                relating to the funding, administration, or operation of 
                an intelligence activity.
                    ``(III) An action, including a personnel action 
                described in section 2302(a)(2)(A) of title 5, United 
                States Code, constituting reprisal or threat of reprisal 
                prohibited under subsection (e)(3)(B) in response to an 
                employee's reporting an urgent concern in accordance 
                with this paragraph.
            ``(ii) The term `intelligence committees' means the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on Intelligence of the 
        Senate.''.
            (2) Clerical amendment.--The heading to subsection (d) of 
        such section <<NOTE: 50 USC 403q.>> is amended by inserting ``; 
        Reports to Congress on Urgent Concerns'' before the period.

    (b) Additional Provisions With Respect to Inspectors 
General of the Intelligence Community.--
            (1) In general.--The Inspector General Act of 1978 (5 U.S.C. 
        App.) is amended by redesignating section 8H as section 8I and 
        by inserting after section 8G the following new section:

    ``Sec. 8H. (a)(1)(A) An employee of the Defense Intelligence Agency, 
the National Imagery and Mapping Agency, the National Reconnaissance 
Office, or the National Security Agency, or of a contractor of any of 
those Agencies, who intends to report to Congress a complaint or 
information with respect to an urgent concern may report the complaint 
or information to the Inspector General of the Department of Defense (or 
designee).
    ``(B) An employee of the Federal Bureau of Investigation, or of a 
contractor of the Bureau, who intends to report to Congress a complaint 
or information with respect to an urgent concern may report the 
complaint or information to the Inspector General of the Department of 
Justice (or designee).
    ``(C) Any other employee of, or contractor to, an executive agency, 
or element or unit thereof, determined by the President under section 
2302(a)(2)(C)(ii) of title 5, United States Code, to have as its 
principal function the conduct of foreign intelligence or 
counterintelligence activities, who intends to report to Congress a 
complaint or information with respect to an urgent concern may report 
the complaint or information to the appropriate Inspector General (or 
designee) under this Act or section 17 of the Central Intelligence 
Agency Act of 1949.
    ``(2) If a designee of an Inspector General under this section 
receives a complaint or information of an employee with respect to an 
urgent concern, that designee shall report the complaint or information 
to the Inspector General within 7 calendar days of receipt.
    ``(b) <<NOTE: Deadline.>> Not later than the end of the 14-calendar 
day period beginning on the date of receipt of an employee complaint or 
information under subsection (a), the Inspector General shall determine 
whether the complaint or information appears credible. If the Inspector 
General determines that the complaint or information appears credible, 
the Inspector General shall, before the end of such period, transmit the 
complaint or information to the head of the establishment.

    ``(c) Upon receipt of a transmittal from the Inspector General under 
subsection (b), the head of the establishment shall, within 7 calendar 
days of such receipt, forward such transmittal to the intelligence 
committees, together with any comments the head of the establishment 
considers appropriate.
    ``(d)(1) If the Inspector General does not transmit, or does not 
transmit in an accurate form, the complaint or information described in 
subsection (b), the employee (subject to paragraph (2)) may submit the 
complaint or information to Congress by contacting either or both of the 
intelligence committees directly.
    ``(2) The employee may contact the intelligence committees directly 
as described in paragraph (1) only if the employee--
            ``(A) before making such a contact, furnishes to the head of 
        the establishment, through the Inspector General, a statement of 
        the employee's complaint or information and notice of the 
        employee's intent to contact the intelligence committees 
        directly; and
            ``(B) obtains and follows from the head of the 
        establishment, through the Inspector General, direction on how 
        to contact the intelligence committees in accordance with 
        appropriate security practices.

    ``(3) A member or employee of one of the intelligence committees who 
receives a complaint or information under paragraph (1) does so in that 
member or employee's official capacity as a member or employee of that 
committee.
    ``(e) The <<NOTE: Notification.>> Inspector General shall notify an 
employee who reports a complaint or information under this section of 
each action taken under this section with respect to the complaint or 
information. Such notice shall be provided not later than 3 days after 
any such action is taken.

    ``(f ) An action taken by the head of an establishment or an 
Inspector General under this section shall not be subject to judicial 
review.
    ``(g) In this section:
            ``(1) The term `urgent concern' means any of the following:
                    ``(A) A serious or flagrant problem, abuse, 
                violation of law or Executive order, or deficiency 
                relating to the funding, administration, or operations 
                of an intelligence activity involving classified 
                information, but does not include differences of 
                opinions concerning public policy 
                matters.
                    ``(B) A false statement to Congress, or a willful 
                withholding from Congress, on an issue of material fact 
                relating to the funding, administration, or operation of 
                an intelligence activity.
                    ``(C) An action, including a personnel action 
                described in section 2302(a)(2)(A) of title 5, United 
                States Code, constituting reprisal or threat of reprisal 
                prohibited under section 7(c) in response to an 
                employee's reporting an urgent concern in accordance 
                with this section.
            ``(2) The term `intelligence committees' means the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives and the Select Committee on Intelligence of the 
        Senate.''.
            (2) Conforming Amendment.--Section 8I of such Act (as 
        redesignated by paragraph (1)) <<NOTE: 5 USC app.>> is amended 
        by striking out ``or 8E'' and inserting in lieu thereof ``8E, or 
        8H''.

    Approved October 20, 1998.

LEGISLATIVE HISTORY--H.R. 3694 (S. 2052):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 105-508 (Select Comm. on Intelligence) and 105-780 
(Comm. of Conference).
SENATE REPORTS: No. 105-185 accompanying S. 2052 (Select Comm. on 
Intelligence).
CONGRESSIONAL RECORD, Vol. 144 (1998):
            May 7, considered and passed House.
            June 26, considered and passed Senate, amended, in lieu of 
                S. 2052.
            Oct. 7, House agreed to conference report.
            Oct. 8, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 34 (1998):
            Oct. 20, Presidential statement.

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