7 October 1998: Link to CDT alert: http://jya.com/fbi-sneak.htm
7 October 1998
Excerpted from Conference Report on H.R. 3694, Intelligence Authorization Act for Fiscal Year 1998: http://jya.com/hr105-780.txt
See related bill S. 2536, International Crime and Anti-Terrorism Amendments of 1998: http://jya.com/s2536.txt
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.
[Snip]
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 terrorism investigation being
conducted by the Federal Bureau of Investigation under
guidelines approved by the Attorney General; and
``(3) information which demonstrates that there is reason
to believe that the telephone line to which the pen register
or trap and trace device is to be attached, or the
communication instrument or device to be covered by the pen
register or trap and trace device, has been or is about to be
used in communication with--
``(A) an individual who is engaging or has engaged in
international terrorism or clandestine intelligence
activities that involve or may involve a violation of the
criminal laws of the United States; or
``(B) a foreign power or agent of a foreign power under
circumstances giving reason to believe that the communication
concerns or concerned international terrorism or clandestine
intelligence activities that involve or may involve a
violation of the criminal laws of the United States.
``(d)(1) Upon an application made pursuant to this section,
the judge shall enter an ex parte order as requested, or as
modified, approving the installation and use of a pen
register or trap and trace device if the judge finds that the
application satisfies the requirements of this section.
``(2) An order issued under this section--
``(A) shall specify--
``(i) the identity, if known, of the person who is the
subject of the foreign intelligence or international
terrorism investigation;
``(ii) in the case of an application for the installation
and use of a pen register or trap and trace device with
respect to a telephone line--
``(I) the identity, if known, of the person to whom is
leased or in whose name the telephone line is listed; and
``(II) the number and, if known, physical location of the
telephone line; and
``(iii) in the case of an application for the use of a pen
register or trap and trace device with respect to a
communication instrument or device not covered by clause
(ii)--
``(I) the identity, if known, of the person who owns or
leases the instrument or device or in whose name the
instrument or device is listed; and
``(II) the number of the instrument or device; and
``(B) shall direct that--
``(i) upon request of the applicant, the provider of a wire
or electronic communication service, landlord, custodian, or
other person shall furnish any information, facilities, or
technical assistance necessary to accomplish the installation
and operation of the pen register or trap and trace device in
such a manner as will protect its secrecy and produce a
minimum amount of interference with the services that such
provider, landlord, custodian, or other person is providing
the person concerned;
``(ii) such provider, landlord, custodian, or other
person--
``(I) shall not disclose the existence of the investigation
or of the pen register or trap and trace device to any person
unless or until ordered by the court; and
``(II) shall maintain, under security procedures approved
by the Attorney General and the Director of Central
Intelligence pursuant to section 105(b)(2)(C) of this Act,
any records concerning the pen register or trap and trace
device or the aid furnished; and
``(iii) the applicant shall compensate such provider,
landlord, custodian, or other person for reasonable expenses
incurred by such provider, landlord, custodian, or other
person in providing such information, facilities, or
technical assistance.
``(e) An order issued under this section shall authorize
the installation and use of a pen register or trap and trace
device for a period not to exceed 90 days. Extensions of such
an order may be granted, but only upon an application for an
order under this section and upon the judicial finding
required by subsection (d). The period of extension shall be
for a period not to exceed 90 days.
``(f) No cause of action shall lie in any court against any
provider of a wire or electronic communication service,
landlord, custodian, or
[[Page H9526]]
other person (including any officer, employee, agent, or
other specified person thereof) that furnishes any
information, facilities, or technical assistance under
subsection (d) in accordance with the terms of a court under
this section.
``(g) Unless otherwise ordered by the judge, the results of
a pen register or trap and trace device shall be furnished at
reasonable intervals during regular business hours for the
duration of the order to the authorized Government
official or officials.
``authorization during emergencies
``Sec. 403. (a) Notwithstanding any other provision of this
title, when the Attorney General makes a determination
described in subsection (b), the Attorney General may
authorize the installation and use of a pen register or trap
and trace device on an emergency basis to gather foreign
intelligence information or information concerning
international terrorism if--
``(1) a judge referred to in section 402(b) of this Act is
informed by the Attorney General or his designee at the time
of such authorization that the decision has been made to
install and use the pen register or trap and trace device, as
the case may be, on an emergency basis; and
``(2) an application in accordance with section 402 of this
Act is made to such judge as soon as practicable, but not
more than 48 hours, after the Attorney General authorizes the
installation and use of the pen register or trap and trace
device, as the case may be, under this section.
``(b) A determination under this subsection is a reasonable
determination by the Attorney General that--
``(1) an emergency requires the installation and use of a
pen register or trap and trace device to obtain foreign
intelligence information or information concerning
international terrorism before an order authorizing the
installation and use of the pen register or trap and trace
device, as the case may be, can with due diligence be
obtained under section 402 of this Act; and
``(2) the factual basis for issuance of an order under such
section 402 to approve the installation and use of the pen
register or trap and trace device, as the case may be,
exists.
``(c)(1) In the absence of an order applied for under
subsection (a)(2) approving the installation and use of a pen
register or trap and trace device authorized under this
section, the installation and use of the pen register or trap
and trace device, as the case may be, shall terminate at the
earlier of--
``(A) when the information sought is obtained;
``(B) when the application for the order is denied under
section 402 of this Act; or
``(C) 48 hours after the time of the authorization by the
Attorney General.
``(2) In the event that an application for an order applied
for under subsection (a)(2) is denied, or in any other case
where the installation and use of a pen register or trap and
trace device under this section is terminated and no order
under section 402 of this Act is issued approving the
installation and use of the pen register or trap and trace
device, as the case may be, no information obtained or
evidence derived from the use of the pen register or trap and
trace device, as the case may be, shall be received in
evidence or otherwise disclosed in any trial, hearing, or
other proceeding in or before any court, grand jury,
department, office, agency, regulatory body, legislative
committee, or other authority of the United States, a State,
or political subdivision thereof, and no information
concerning any United States person acquired from the use of
the pen register or trap and trace device, as the case may
be, shall subsequently be used or disclosed in any other
manner by Federal officers or employees without the consent
of such person, except with the approval of the Attorney
General if the information indicates a threat of death or
serious bodily harm to any person.
``authorization during time of war
``Sec. 404. Notwithstanding any other provision of law, the
President, through the Attorney General, may authorize the
use of a pen register or trap and trace device without a
court order under this title to acquire foreign intelligence
information for a period not to exceed 15 calendar days
following a declaration of war by Congress.
``use of information
``Sec. 405. (a)(1) Information acquired from the use of a
pen register or trap and trace device installed pursuant to
this title concerning any United States person may be used
and disclosed by Federal officers and employees without the
consent of the United States person only in accordance with
the provisions of this section.
``(2) No information acquired from a pen register or trap
and trace device installed and used pursuant to this title
may be used or disclosed by Federal officers or employees
except for lawful purposes.
``(b) No information acquired pursuant to this title shall
be disclosed for law enforcement purposes unless such
disclosure is accompanied by a statement that such
information, or any information derived therefrom, may only
be used in a criminal proceeding with the advance
authorization of the Attorney General.
``(c) Whenever the United States intends to enter into
evidence or otherwise use or disclose in any trial, hearing,
or other proceeding in or before any court, department,
officer, agency, regulatory body, or other authority of the
United States against an aggrieved person any information
obtained or derived from the use of a pen register or trap
and trace device pursuant to this title, the United States
shall, before the trial, hearing, or the other proceeding or
at a reasonable time before an effort to so disclose or so
use that information or submit it in evidence, notify the
aggrieved person and the court or other authority in which
the information is to be disclosed or used that the United
States intends to so disclose or so use such information.
``(d) Whenever any State or political subdivision thereof
intends to enter into evidence or otherwise use or disclose
in any trial, hearing, or other proceeding in or before any
court, department, officer, agency, regulatory body, or other
authority of the State or political subdivision thereof
against an aggrieved person any information obtained or
derived from the use of a pen register or trap and trace
device pursuant to this title, the State or political
subdivision thereof shall notify the aggrieved person, the
court or other authority in which the information is to be
disclosed or used, and the Attorney General that the State or
political subdivision thereof intends to so disclose or so
use such information.
``(e)(1) Any aggrieved person against whom evidence
obtained or derived from the use of a pen register or trap
and trace device is to be, or has been, introduced or
otherwise used or disclosed in any trial, hearing, or other
proceeding in or before any court, department, officer,
agency, regulatory body, or other authority of the United
States, or a State or political subdivision thereof, may move
to suppress the evidence obtained or derived from the use of
the pen register or trap and trace device, as the case may
be, on the grounds that--
``(A) the information was unlawfully acquired; or
``(B) the use of the pen register or trap and trace device,
as the case may be, was not made in conformity with an order
of authorization or approval under this title.
``(2) A motion under paragraph (1) shall be made before the
trial, hearing, or other proceeding unless there was no
opportunity to make such a motion or the aggrieved person
concerned was not aware of the grounds of the motion.
``(f)(1) Whenever a court or other authority is notified
pursuant to subsection (c) or (d), whenever a motion is made
pursuant to subsection (e), or whenever any motion or request
is made by an aggrieved person pursuant to any other statute
or rule of the United States or any State before any court or
other authority of the United States or any State to discover
or obtain applications or orders or other materials relating
to the use of a pen register or trap and trace device
authorized by this title or to discover, obtain, or suppress
evidence or information obtained or derived from the use of a
pen register or trap and trace device authorized by this
title, the United States district court or, where the
motion is made before another authority, the United States
district court in the same district as the authority
shall, notwithstanding any other provision of law and if
the Attorney General files an affidavit under oath that
disclosure or any adversary hearing would harm the
national security of the United States, review in camera
and ex parte the application, order, and such other
materials relating to the use of the pen register or trap
and trace device, as the case may be, as may be necessary
to determine whether the use of the pen register or trap
and trace device, as the case may be, was lawfully
authorized and conducted.
``(2) In making a determination under paragraph (1), the
court may disclose to the aggrieved person, under appropriate
security procedures and protective orders, portions of the
application, order, or other materials relating to the use of
the pen register or trap and trace device, as the case may
be, or may require the Attorney General to provide to the
aggrieved person a summary of such materials, only where such
disclosure is necessary to make an accurate determination of
the legality of the use of the pen register or trap and trace
device, as the case may be.
``(g)(1) If the United States district court determines
pursuant to subsection (f) that the use of a pen register or
trap and trace device was not lawfully authorized or
conducted, the court may, in accordance with the requirements
of law, suppress the evidence which was unlawfully obtained
or derived from the use of the pen register or trap and trace
device, as the case may be, or otherwise grant the motion of
the aggrieved person.
``(2) If the court determines that the use of the pen
register or trap and trace device, as the case may be, was
lawfully authorized or conducted, it may deny the motion of
the aggrieved person except to the extent that due process
requires discovery or disclosure.
``(h) Orders granting motions or requests under subsection
(g), decisions under this section that the use of a pen
register or trap and trace device was not lawfully authorized
or conducted, and orders of the United States district court
requiring review or granting disclosure of applications,
orders, or other materials relating to the installation and
use of a pen register or trap and trace device shall be final
orders and binding upon all courts of the United States and
the several States except a United States Court of Appeals or
the Supreme Court.
``congressional oversight
``Sec. 406. (a) On a semiannual basis, the Attorney General
shall fully inform the Permanent Select Committee on
Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate concerning all uses
of pen registers and trap and trace devices pursuant to this
title.
``(b) On a semiannual basis, the Attorney General shall
also provide to the committees referred to in subsection (a)
and to the Committees on the Judiciary of the House of
Representatives and the Senate a report setting forth with
respect to the preceding six-month period--
``(1) the total number of applications made for orders
approving the use of pen registers or trap and trace devices
under this title; and
``(2) the total number of such orders either granted,
modified, or denied.''.
[[Page H9527]]
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''.
[Snip]
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.
[[Page H9531]]
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.
[snip]
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.