H.R.3162
Uniting
and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001
(Enrolled as Agreed to or Passed by Both House and Senate)
TITLE IX--IMPROVED INTELLIGENCE
SEC. 901. RESPONSIBILITIES OF DIRECTOR OF CENTRAL
INTELLIGENCE REGARDING FOREIGN INTELLIGENCE COLLECTED UNDER FOREIGN
INTELLIGENCE SURVEILLANCE ACT OF 1978.
(1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and
(2) by inserting after paragraph (5) the following new paragraph (6):
`(6) establish requirements and priorities for foreign
intelligence information to be collected under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide
assistance to the Attorney General to ensure that information derived
from electronic surveillance or physical searches under that Act is
disseminated so it may be used efficiently and effectively for foreign
intelligence purposes, except that the Director shall have no authority
to direct, manage, or undertake electronic surveillance or physical
search operations pursuant to that Act unless otherwise authorized by
statute or Executive order;'.
SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST ACTIVITIES
WITHIN SCOPE OF FOREIGN INTELLIGENCE UNDER NATIONAL SECURITY ACT OF
1947.
Section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended--
(1) in paragraph (2), by inserting before the period the following: `, or international terrorist activities'; and
(2) in paragraph (3), by striking `and activities conducted' and inserting `, and activities conducted,'.
SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT AND
MAINTENANCE OF INTELLIGENCE RELATIONSHIPS TO ACQUIRE INFORMATION ON
TERRORISTS AND TERRORIST ORGANIZATIONS.
It is the sense of Congress that officers and employees of
the intelligence community of the Federal Government, acting within the
course of their official duties, should be encouraged, and should make
every effort, to establish and maintain intelligence relationships with
any person, entity, or group for the purpose of engaging in lawful
intelligence activities, including the acquisition of information on
the identity, location, finances, affiliations, capabilities, plans, or
intentions of a terrorist or terrorist organization, or information on
any other person, entity, or group (including a foreign government)
engaged in harboring, comforting, financing, aiding, or assisting a
terrorist or terrorist organization.
SEC. 904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL TO CONGRESS OF REPORTS ON INTELLIGENCE AND INTELLIGENCE-RELATED MATTERS.
(a) AUTHORITY TO DEFER- The Secretary of Defense, Attorney
General, and Director of Central Intelligence each may, during the
effective period of this section, defer the date of submittal to
Congress of any covered intelligence report under the jurisdiction of
such official until February 1, 2002.
(b) COVERED INTELLIGENCE REPORT- Except as provided in
subsection (c), for purposes of subsection (a), a covered intelligence
report is as follows:
(1) Any report on intelligence or intelligence-related
activities of the United States Government that is required to be
submitted to Congress by an element of the intelligence community
during the effective period of this section.
(2) Any report or other matter that is required to be
submitted to the Select Committee on Intelligence of the Senate and
Permanent Select Committee on Intelligence of the House of
Representatives by the Department of Defense or the Department of
Justice during the effective period of this section.
(c) EXCEPTION FOR CERTAIN REPORTS- For purposes of
subsection (a), any report required by section 502 or 503 of the
National Security Act of 1947 (50 U.S.C. 413a, 413b) is not a covered
intelligence report.
(d) NOTICE TO CONGRESS- Upon deferring the date of
submittal to Congress of a covered intelligence report under subsection
(a), the official deferring the date of submittal of the covered
intelligence report shall submit to Congress notice of the deferral.
Notice of deferral of a report shall specify the provision of law, if
any, under which the report would otherwise be submitted to Congress.
(e) EXTENSION OF DEFERRAL- (1) Each official specified in
subsection (a) may defer the date of submittal to Congress of a covered
intelligence report under the jurisdiction of such official to a date
after February 1, 2002, if such official submits to the committees of
Congress specified in subsection (b)(2) before February 1, 2002, a
certification that preparation and submittal of the covered
intelligence report on February 1, 2002, will impede the work of
officers or employees who are engaged in counterterrorism activities.
(2) A certification under paragraph (1) with respect to a
covered intelligence report shall specify the date on which the covered
intelligence report will be submitted to Congress.
(f) EFFECTIVE PERIOD- The effective period of this section
is the period beginning on the date of the enactment of this Act and
ending on February 1, 2002.
(g) ELEMENT OF THE INTELLIGENCE COMMUNITY DEFINED- In this
section, the term `element of the intelligence community' means any
element of the intelligence community specified or designated under
section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 905. DISCLOSURE TO DIRECTOR OF CENTRAL INTELLIGENCE OF
FOREIGN INTELLIGENCE-RELATED INFORMATION WITH RESPECT TO CRIMINAL
INVESTIGATIONS.
(1) by redesignating subsection 105B as section 105C; and
(2) by inserting after section 105A the following new section 105B:
`DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED IN CRIMINAL
INVESTIGATIONS; NOTICE OF CRIMINAL INVESTIGATIONS OF FOREIGN
INTELLIGENCE SOURCES
`SEC. 105B. (a) DISCLOSURE OF FOREIGN INTELLIGENCE- (1)
Except as otherwise provided by law and subject to paragraph (2), the
Attorney General, or the head of any other department or agency of the
Federal Government with law enforcement responsibilities, shall
expeditiously disclose to the Director of Central Intelligence,
pursuant to guidelines developed by the Attorney General in
consultation with the Director, foreign intelligence acquired by an
element of the Department of Justice or an element of such department
or agency, as the case may be, in the course of a criminal
investigation.
`(2) The Attorney General by regulation and in consultation
with the Director of Central Intelligence may provide for exceptions to
the applicability of paragraph (1) for one or more classes of foreign
intelligence, or foreign intelligence with respect to one or more
targets or matters, if the Attorney General determines that disclosure
of such foreign intelligence under that paragraph would jeopardize an
ongoing law enforcement investigation or impair other significant law
enforcement interests.
`(b) PROCEDURES FOR NOTICE OF CRIMINAL INVESTIGATIONS- Not
later than 180 days after the date of enactment of this section, the
Attorney General, in consultation with the Director of Central
Intelligence, shall develop guidelines to ensure that after receipt of
a report from an element of the intelligence community of activity of a
foreign intelligence source or potential foreign intelligence source
that may warrant investigation as criminal activity, the Attorney
General provides notice to the Director of Central Intelligence, within
a reasonable period of time, of his intention to commence, or decline
to commence, a criminal investigation of such activity.
`(c) PROCEDURES- The Attorney General shall develop
procedures for the administration of this section, including the
disclosure of foreign intelligence by elements of the Department of
Justice, and elements of other departments and agencies of the Federal
Government, under subsection (a) and the provision of notice with
respect to criminal investigations under subsection (b).'.
(b) CLERICAL AMENDMENT- The table of contents in the first
section of that Act is amended by striking the item relating to section
105B and inserting the following new items:
`Sec. 105B. Disclosure of foreign intelligence acquired
in criminal investigations; notice of criminal investigations of
foreign intelligence sources.
`Sec. 105C. Protection of the operational files of the National Imagery and Mapping Agency.'.
SEC. 906. FOREIGN TERRORIST ASSET TRACKING CENTER.
(a) REPORT ON RECONFIGURATION- Not later than February 1,
2002, the Attorney General, the Director of Central Intelligence, and
the Secretary of the Treasury shall jointly submit to Congress a report
on the feasibility and desirability of reconfiguring the Foreign
Terrorist Asset Tracking Center and the Office of Foreign Assets
Control of the Department of the Treasury in order to establish a
capability to provide for the effective and efficient analysis and
dissemination of foreign intelligence relating to the financial
capabilities and resources of international terrorist organizations.
(b) REPORT REQUIREMENTS- (1) In preparing the report under
subsection (a), the Attorney General, the Secretary, and the Director
shall consider whether, and to what extent, the capacities and
resources of the Financial Crimes Enforcement Center of the Department
of the Treasury may be integrated into the capability contemplated by
the report.
(2) If the Attorney General, Secretary, and the Director
determine that it is feasible and desirable to undertake the
reconfiguration described in subsection (a) in order to establish the
capability described in that subsection, the Attorney General, the
Secretary, and the Director shall include with the report under that
subsection a detailed proposal for legislation to achieve the
reconfiguration.
SEC. 907. NATIONAL VIRTUAL TRANSLATION CENTER.
(a) REPORT ON ESTABLISHMENT- (1) Not later than February 1,
2002, the Director of Central Intelligence shall, in consultation with
the Director of the Federal Bureau of Investigation, submit to the
appropriate committees of Congress a report on the establishment and
maintenance within the intelligence community of an element for
purposes of providing timely and accurate translations of foreign
intelligence for all other elements of the intelligence community. In
the report, the element shall be referred to as the `National Virtual
Translation Center'.
(2) The report on the element described in paragraph (1)
shall discuss the use of state-of-the-art communications technology,
the integration of existing translation capabilities in the
intelligence community, and the utilization of remote-connection
capacities so as to minimize the need for a central physical facility
for the element.
(b) RESOURCES- The report on the element required by subsection (a) shall address the following:
(1) The assignment to the element of a staff of
individuals possessing a broad range of linguistic and translation
skills appropriate for the purposes of the element.
(2) The provision to the element of communications
capabilities and systems that are commensurate with the most current
and sophisticated communications capabilities and systems available to
other elements of intelligence community.
(3) The assurance, to the maximum extent practicable,
that the communications capabilities and systems provided to the
element will be compatible with communications capabilities and systems
utilized by the Federal Bureau of Investigation in securing timely and
accurate translations of foreign language materials for law enforcement
investigations.
(4) The development of a communications infrastructure
to ensure the efficient and secure use of the translation capabilities
of the element.
(c) SECURE COMMUNICATIONS- The report shall include a
discussion of the creation of secure electronic communications between
the element described by subsection (a) and the other elements of the
intelligence community.
(d) DEFINITIONS- In this section:
(1) FOREIGN INTELLIGENCE- The term `foreign
intelligence' has the meaning given that term in section 3(2) of the
National Security Act of 1947 (50 U.S.C. 401a(2)).
(2) ELEMENT OF THE INTELLIGENCE COMMUNITY- The term
`element of the intelligence community' means any element of the
intelligence community specified or designated under section 3(4) of
the National Security Act of 1947 (50 U.S.C. 401a(4)).
SEC. 908. TRAINING OF GOVERNMENT OFFICIALS REGARDING IDENTIFICATION AND USE OF FOREIGN INTELLIGENCE.
(a) PROGRAM REQUIRED- The Attorney General shall, in
consultation with the Director of Central Intelligence, carry out a
program to provide appropriate training to officials described in
subsection (b) in order to assist such officials in--
(1) identifying foreign intelligence information in the course of their duties; and
(2) utilizing foreign intelligence information in the
course of their duties, to the extent that the utilization of such
information is appropriate for such duties.
(b) OFFICIALS- The officials provided training under
subsection (a) are, at the discretion of the Attorney General and the
Director, the following:
(1) Officials of the Federal Government who are not
ordinarily engaged in the collection, dissemination, and use of foreign
intelligence in the performance of their duties.
(2) Officials of State and local governments who
encounter, or may encounter in the course of a terrorist event, foreign
intelligence in the performance of their duties.
(c) AUTHORIZATION OF APPROPRIATIONS- There is hereby
authorized to be appropriated for the Department of Justice such sums
as may be necessary for purposes of carrying out the program required
by subsection (a).