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.