II

107TH CONGRESS

1ST SESSION S. 1448

To enhance intelligence and intelligence-related activities of the United States

Government in the prevention of terrorism, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 21, 2001

Mr. GRAHAM (for himself, Mrs. FEINSTEIN, Mr. BAYH, Mr. NELSON of Florida, and Mr. ROCKEFELLER) introduced the following bill; which was

read twice and referred to the Select Committee on Intelligence

A BILL

To enhance intelligence and intelligence-related activities of

the United States Government in the prevention of terrorism, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Intelligence to Prevent Terrorism Act of 2001’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—AUTHORITIES OF DIRECTOR OF CENTRAL

INTELLIGENCE
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Sec. 101. Responsibilities of Director of Central Intelligence regarding foreign

intelligence collected under Foreign Intelligence Surveillance

Act of 1978.

Sec. 102. Inclusion of international terrorist activities within scope of foreign

intelligence under National Security Act of 1947.

Sec. 103. Establishment and maintenance of intelligence relationships to acquire information on terrorists and terrorist organizations.

Sec. 104. Temporary authority to defer submittal to Congress of reports on intelligence and intelligence-related matters.

TITLE II—ELECTRONIC SURVEILLANCE

Sec. 201. Exclusion of instructions to electronic devices from contents of communications under Foreign Intelligence Surveillance Act of

1978.

Sec. 202. Duration of surveillance and searches of certain agents of foreign

powers under Foreign Intelligence Surveillance Act of 1978.

Sec. 203. Assistance for electronic surveillance under Foreign Intelligence Surveillance Act of 1978.

Sec. 204. Clarification of relationship between wiretap authority and electronic

surveillance authority under Foreign Intelligence Surveillance

Act of 1978.

TITLE III—INFORMATION SHARING

Sec. 301. Disclosure to Director of Central Intelligence of foreign intelligencerelated information with respect to criminal investigations.

Sec. 302. Foreign Terrorist Asset Tracking Center.

Sec. 303. National Virtual Translation Center.

Sec. 304. Training of government officials regarding identification and use of

foreign intelligence.

1 TITLE I—AUTHORITIES OF DI2 RECTOR OF CENTRAL INTEL3 LIGENCE

4 SEC. 101. RESPONSIBILITIES OF DIRECTOR OF CENTRAL

5 INTELLIGENCE REGARDING FOREIGN INTEL6 LIGENCE COLLECTED UNDER FOREIGN IN7 TELLIGENCE SURVEILLANCE ACT OF 1978.

8 Section 103(c) of the National Security Act of 1947

9 (50 U.S.C. 403–3(c)) is amended—

10 (1) by redesignating paragraphs (6) and (7) as

11 paragraphs (7) and (8), respectively; and
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1 (2) by inserting after paragraph (5) the fol2 lowing new paragraph (6):

3 ‘‘(6) establish requirements and priorities for,

4 and manage the analysis and dissemination of, all

5 foreign intelligence collected under the Foreign In6 telligence Surveillance Act of 1978 (50 U.S.C. 1801

7 et seq.), including the provision of assistance to the

8 Attorney General in order to ensure that information

9 derived from surveillance or physical searches under

10 that Act is used efficiently and effectively for foreign

11 intelligence purposes, except that the Director shall

12 have no authority to direct, manage, or undertake

13 electronic surveillance operations pursuant to that

14 Act unless otherwise authorized by statute or execu15 tive order;’’.

16 SEC. 102. INCLUSION OF INTERNATIONAL TERRORIST AC17 TIVITIES WITHIN SCOPE OF FOREIGN INTEL18 LIGENCE UNDER NATIONAL SECURITY ACT

19 OF 1947.

20 Section 3 of the National Security Act of 1947 (50

21 U.S.C. 401a) is amended—

22 (1) in paragraph (2), by inserting before the pe23 riod the following: ‘‘, or international terrorist activi24 ties’’; and
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1 (2) in paragraph (3), by striking ‘‘and activities

2 conducted’’ and inserting ‘‘, and activities con3 ducted,’’.

4 SEC. 103. ESTABLISHMENT AND MAINTENANCE OF INTEL5 LIGENCE RELATIONSHIPS TO ACQUIRE IN6 FORMATION ON TERRORISTS AND TER7 RORIST ORGANIZATIONS.

8 (a) AUTHORITY TO ESTABLISH AND MAINTAIN RE9 LATIONSHIPS.—Title I of the National Security Act of

10 1947 (50 U.S.C. 401 et seq.) is amended—

11 (1) by redesignating section 112 as section

12 112A; and

13 (2) by inserting after section 111 the following

14 new section 112:

15 ‘‘ESTABLISHMENT AND MAINTENANCE OF INTELLIGENCE

16 RELATIONSHIPS TO ACQUIRE INFORMATION ON TER17 RORISTS AND TERRORIST ORGANIZATIONS

18 ‘‘SEC. 112. Notwithstanding any other provision of

19 law or regulation, any officer or employee of an element

20 of the intelligence community, acting in the course of the

21 official duties of such officer or employee, may establish

22 and maintain an intelligence relationship with any person

23 for purposes of acquiring information on the identity, loca24 tion, finances, affiliations, capabilities, plans, or intentions

25 of a terrorist or terrorist organization, or any other per26 son, entity, or organization (including a foreign govern-
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1 ment) engaged in harboring, comforting, financing, aiding,

2 or assisting a terrorist or terrorist organization.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of that Act is amended by striking the

5 item relating to section 112 and inserting the following

6 new items:

‘‘Sec. 112. Establishment and maintenance of intelligence relationships to acquire information on terrorists and terrorist organizations.

‘‘Sec. 112A. Restrictions on intelligence sharing with the United Nations.’’.

7 SEC. 104. TEMPORARY AUTHORITY TO DEFER SUBMITTAL

8 TO CONGRESS OF REPORTS ON INTEL9 LIGENCE AND INTELLIGENCE-RELATED MAT10 TERS.

11 (a) AUTHORITY TO DEFER.—The Secretary of De12 fense, Attorney General, and Director of Central Intel13 ligence each may, during the effective period of this sec14 tion, defer the date of submittal to Congress of any cov15 ered intelligence report under the jurisdiction of such offi16 cial until February 1, 2002.

17 (b) COVERED INTELLIGENCE REPORT.—Except as

18 provided in subsection (c), for purposes of subsection (a),

19 a covered intelligence report is as follows:

20 (1) Any report on intelligence or intelligence-re21 lated activities of the United States Government

22 that is required by law to be submitted to Congress

23 by an element of the intelligence community during

24 the effective period of this section.
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1 (2) Any report or other matter that is required

2 by law to be submitted to the Select Committee on

3 Intelligence of the Senate and Permanent Select

4 Committee on Intelligence of the House of Rep5 resentatives by the Department of Defense or the

6 Department of Justice during the effective period of

7 this section.

8 (c) EXCEPTION FOR CERTAIN REPORTS.—For pur9 poses of subsection (a), any report required by section 502

10 or 503 of the National Security Act of 1947 (50 U.S.C.

11 413a, 413b) is not a covered intelligence report.

12 (d) NOTICE TO CONGRESS.—Upon deferring the date

13 of submittal to Congress of a covered intelligence report

14 under subsection (a), the official deferring the date of sub15 mittal of the covered intelligence report shall submit to

16 Congress notice of the deferral. Notice of deferral of a re17 port shall specify the provision of law under which the re18 port would otherwise be submitted to Congress.

19 (e) EXTENSION OF DEFERRAL.—(1) Each official

20 specified in subsection (a) may defer the date of submittal

21 to Congress of a covered intelligence report under the ju22 risdiction of such official to a date after February 1, 2002,

23 if such official submits to the committees of Congress

24 specified in subsection (b)(2) before February 1, 2002, a

25 certification that preparation and submittal of the covered
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1 intelligence report on February 1, 2002, will impede the

2 work of officers or employees who are engaged in

3 counterterrorism activities.

4 (2) A certification under paragraph (1) with respect

5 to a covered intelligence report shall specify the date on

6 which the covered intelligence report will be submitted to

7 Congress.

8 (f) EFFECTIVE PERIOD.—The effective period of this

9 section is the period beginning on the date of the enact10 ment of this Act and ending on February 1, 2002.

11 (g) ELEMENT OF THE INTELLIGENCE COMMUNITY

12 DEFINED.—In this section, the term ‘‘element of the intel13 ligence community’’ means any element of the intelligence

14 community specified or designated under section 3(4) of

15 the National Security Act of 1947 (50 U.S.C. 401a(4)).

16 TITLE II—ELECTRONIC

17 SURVEILLANCE

18 SEC. 201. EXCLUSION OF INSTRUCTIONS TO ELECTRONIC

19 DEVICES FROM CONTENTS OF COMMUNICA20 TIONS UNDER FOREIGN INTELLIGENCE SUR21 VEILLANCE ACT OF 1978.

22 (a) EXCLUSION.—Section 101(f) of the Foreign In23 telligence Surveillance Act of 1978 (50 U.S.C. 1801(f))

24 is amended by adding after paragraph (4) the following

25 new matter:
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1 ‘‘However, the term does not include the intercep2 tion of any instruction or signal that is given to an

3 electronic device solely for purposes of the operation,

4 manipulation, or alteration of the electronic device

5 and has no purpose of communication to another

6 person or purpose of retrieval of information to

7 which the person is lawfully entitled.’’.

8 (b) SEMIANNUAL REPORTS ON INTERCEPTION OF IN9 STRUCTIONS.—Section 108(a) of that Act (50 U.S.C.

10 1808(a)) is amended by adding at the end the following

11 new paragraph:

12 ‘‘(3) Each report under the first sentence of para13 graph (1) shall also include a description of the intercep14 tion, if any, during the period covered by such report of

15 instructions or signals given to an electronic device as de16 scribed in the second sentence of section 101(f).’’.

17 (c) TECHNICAL AMENDMENTS.—Section 108 of that

18 Act is further amended—

19 (1) in subsection (a), by striking ‘‘the House

20 Permanent Select Committee on Intelligence and the

21 Senate Select Committee on Intelligence’’ and insert22 ing ‘‘the Select Committee on Intelligence of the

23 Senate and the Permanent Select Committee on In24 telligence of the House of Representatives’’; and
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1 (2) in subsection (b), by striking ‘‘the Perma2 nent Select Committee on Intelligence and the Sen3 ate Select Committee on Intelligence’’ and inserting

4 ‘‘the Select Committee on Intelligence of the Senate

5 and the Permanent Select Committee on Intelligence

6 of the House of Representatives’’.

7 SEC. 202. DURATION OF SURVEILLANCE AND SEARCHES OF

8 CERTAIN AGENTS OF FOREIGN POWERS

9 UNDER FOREIGN INTELLIGENCE SURVEIL10 LANCE ACT OF 1978.

11 (a) ELECTRONIC SURVEILLANCE.—Section 105(e)(1)

12 of the Foreign Intelligence Surveillance Act of 1978 (50

13 U.S.C. 1805(e)(1)) is amended by striking ‘‘, as defined

14 in section 101(a), (1), (2), or (3),’’ and inserting ‘‘, as

15 defined in paragraph (1), (2), or (3) of section 101(a),

16 or an agent of a foreign power, as defined in section

17 101(b)(1)(A),’’.

18 (b) PHYSICAL SEARCHES.—Section 304(d)(1) of that

19 Act (50 U.S.C. 1824(d)(1)) is amended inserting after

20 ‘‘section 101(a),’’ the following: ‘‘or an agent of a foreign

21 power, as defined in section 101(b)(1)(A),’’.
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1 SEC. 203. ASSISTANCE FOR ELECTRONIC SURVEILLANCE

2 UNDER FOREIGN INTELLIGENCE SURVEIL3 LANCE ACT OF 1978.

4 Section 105(c)(2) of the Foreign Intelligence Surveil5 lance Act of 1978 (50 U.S.C. 1805(c)(2)) is amended—

6 (1) in subparagraph (B)—

7 (A) by inserting after ‘‘other specified per8 son’’ the following: ‘‘, or if the Court finds that

9 the actions of the target of electronic surveil10 lance may thwart the identification of such car11 rier, landlord, custodian, or other person, such

12 other persons,’’; and

13 (B) by striking ‘‘or other person is pro14 viding’’ and inserting ‘‘or other person or per15 sons provide’’;

16 (2) in subparagraph (C)—

17 (A) by striking ‘‘or other person’’ and in18 serting ‘‘or other person or persons’’; and

19 (B) by striking ‘‘such person’’ and insert20 ing ‘‘such person or persons’’; and

21 (3) in subparagraph (D), by striking ‘‘or other

22 person’’ and inserting ‘‘or other person or persons’’.
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1 SEC. 204. CLARIFICATION OF RELATIONSHIP BETWEEN

2 WIRETAP AUTHORITY AND ELECTRONIC SUR3 VEILLANCE AUTHORITY UNDER FOREIGN IN4 TELLIGENCE SURVEILLANCE ACT OF 1978.

5 (a) WIRETAP AUTHORITY.—(1) Chapter 119 of title

6 18, United States Code, is amended by adding at the end

7 the following new section:

8 ‘‘§ 2523. Construction with electronic surveillance au9 thority under Foreign Intelligence Sur10 veillance Act of 1978

11 ‘‘Nothing in this chapter shall be construed to alter,

12 affect, or prohibit the authority to conduct electronic sur13 veillance under title I of the Foreign Intelligence Surveil14 lance Act of 1978 (50 U.S.C. 1801 et seq.) with respect

15 to any communication that may be intercepted by a means

16 authorized by this chapter.’’.

17 (2) The table of sections at the beginning of that

18 chapter is amended by adding at the end the following

19 new item:

‘‘2523. Construction with electronic surveillance authority under Foreign Intelligence Surveillance Act of 1978.’’.

20 (b) AUTHORITY FOR ELECTRONIC SURVEILLANCE

21 UNDER FISA.—(1) Title I of the Foreign Intelligence

22 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is

23 amended by adding at the end the following new section:
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1 ‘‘CONSTRUCTION WITH INTERCEPTION AUTHORITY

2 UNDER CHAPTER 119 OF TITLE 18, UNITED STATES CODE

3 ‘‘SEC. 112. Nothing in this title shall be construed

4 to alter, affect, or prohibit the authority to intercept com5 munications under chapter 119 of title 18, United States

6 Code, with respect to any communication or technical in7 telligence that is subject to electronic surveillance under

8 the provisions of this title.’’.

9 (2) The table of contents at the beginning of that

10 Act is amended by inserting after the item relating to sec11 tion 111 the following new item:

‘‘Sec. 112. Construction with interception authority under chapter 119 of title

18, United States Code.’’.

12 TITLE III—INFORMATION

13 SHARING

14 SEC. 301. DISCLOSURE TO DIRECTOR OF CENTRAL INTEL15 LIGENCE OF FOREIGN INTELLIGENCE-RE16 LATED INFORMATION WITH RESPECT TO

17 CRIMINAL INVESTIGATIONS.

18 (a) IN GENERAL.—Title I of the National Security

19 Act of 1947 (50 U.S.C. 402 et seq.) is amended—

20 (1) by redesignating subsection 105B as section

21 105C; and

22 (2) by inserting after section 105A the fol23 lowing new section 105B:
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1 ‘‘DISCLOSURE OF FOREIGN INTELLIGENCE ACQUIRED IN

2 CRIMINAL INVESTIGATIONS; NOTICE OF CRIMINAL

3 INVESTIGATIONS OF FOREIGN INTELLIGENCE

4 SOURCES

5 ‘‘SEC. 105B. (a) DISCLOSURE OF FOREIGN INTEL6 LIGENCE.—(1) Except as otherwise provided by law and

7 subject to paragraph (2), the Attorney General, or the

8 head of any other department or agency of the Federal

9 Government with law enforcement responsibilities, shall

10 expeditiously disclose to the Director of Central Intel11 ligence any foreign intelligence acquired by an element of

12 the Department of Justice or an element of such depart13 ment or agency, as the case may be, in the course of a

14 criminal investigation.

15 ‘‘(2) The Attorney General may, in extraordinary cir16 cumstances (as determined by the Attorney General), pro17 vide for the waiver of the applicability of paragraph (1)

18 to one or more classes of foreign intelligence, or foreign

19 intelligence with respect to one or more targets or matters,

20 if the Attorney General determines that disclosure of such

21 foreign intelligence under that paragraph would jeopardize

22 the integrity of on ongoing law enforcement investigation

23 of the United States.

24 ‘‘(b) NOTICE OF CRIMINAL INVESTIGATIONS.—(1)

25 Subject to paragraph (2), not later than 15 days after the
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1 receipt by an element of the Department of Justice of a

2 report from an element of the intelligence community of

3 activity of a foreign intelligence source or potential foreign

4 intelligence source that, as determined by the Attorney

5 General, warrants investigation as criminal activity, the

6 Attorney General shall notify the Director of Central In7 telligence of the intention of the Attorney General to com8 mence, or decline to commence, a criminal investigation

9 of such activity.

10 ‘‘(2) The Attorney General may provide for the waiv11 er of the applicability of paragraph (1) to one or more

12 classes of foreign intelligence sources, or potential foreign

13 intelligence sources, if the Attorney General determines

14 that disclosure of activity of such foreign intelligence

15 source or potential foreign intelligence source, as the case

16 may be, under that paragraph would jeopardize the integ17 rity of on ongoing law enforcement investigation of the

18 United States.

19 ‘‘(c) PROCEDURES.—The Attorney General shall de20 velop procedures for the administration of this section, in21 cluding the disclosure of foreign intelligence by elements

22 of the Department of Justice, and elements of other de23 partments and agencies of the Federal Government, under

24 subsection (a) and the provision of notice with respect to

25 criminal investigations under subsection (b).’’.
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1 (b) CLERICAL AMENDMENT.—The table of contents

2 in the first section of that Act is amended by striking the

3 item relating to section 105B and inserting the following

4 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.’’.

5 SEC. 302. FOREIGN TERRORIST ASSET TRACKING CENTER.

6 (a) REPORT ON RECONFIGURATION.—Not later than

7 February 1, 2002, the Director of Central Intelligence and

8 the Secretary of the Treasury shall jointly submit to Con9 gress a report on the feasibility and desirability of re10 configuring the Foreign Asset Tracking Center and the

11 Office of Foreign Assets Control of the Department of the

12 Treasury in order to establish a capability to provide for

13 the effective and efficient analysis and dissemination of

14 foreign intelligence relating to the financial capabilities

15 and resources of international terrorist organizations.

16 (b) REPORT REQUIREMENTS.—(1) In preparing the

17 report under subsection (a), the Secretary and the Direc18 tor shall consider whether, and to what extent, the capac19 ities and resources of the Financial Crimes Enforcement

20 Center of the Department of the Treasury may be inte21 grated into the capability contemplated by the report.

22 (2) If the Secretary and the Director determine that

23 it is feasible and desirable to undertake the reconfigura-
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1 tion described in subsection (a) in order to establish the

2 capability described in that subsection, the Secretary and

3 the Director shall include with the report under that sub4 section a detailed proposal for legislation to achieve the

5 reconfiguration.

6 SEC. 303. NATIONAL VIRTUAL TRANSLATION CENTER.

7 (a) REQUIREMENT.—(1) Commencing not later than

8 180 days after the date of the enactment of this Act, the

9 Director of Central Intelligence shall, in consultation with

10 the Director of the Federal Bureau of Investigation, estab11 lish and maintain within the intelligence community an

12 element for purposes of providing timely and accurate

13 translations of foreign intelligence for all other elements

14 of the intelligence community. The element shall be known

15 as the ‘‘National Virtual Translation Center’’.

16 (2) The element established and maintained under

17 paragraph (1) shall make use of state-of-the-art commu18 nications technology, integrate existing translation capa19 bilities in the intelligence community, and utilize remote20 connection capacities so as to minimize the need for a cen21 tral physical facility for the element.

22 (b) RESOURCES.—In establishing and maintaining

23 the element required by subsection (a), the Director of

24 Central Intelligence shall—
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1 (1) assign the element a staff of individuals

2 possessing a broad range of linguistic and trans3 lation skills appropriate for the purposes of the ele4 ment;

5 (2) provide the element communications capa6 bilities and systems that are commensurate with the

7 most current and sophisticated communications ca8 pabilities and systems available to other elements of

9 intelligence community;

10 (3) ensure, to the maximum extent practicable,

11 that the communications capabilities and systems

12 provided the element under paragraph (2) are com13 patible with communications capabilities and sys14 tems utilized by the Federal Bureau of Investigation

15 in securing timely and accurate translations of for16 eign language materials for law enforcement inves17 tigations; and

18 (4) develop a communications infrastructure to

19 ensure the efficient and secure use of the translation

20 capabilities of the element.

21 (c) SECURE COMMUNICATIONS.—The Director of

22 Central Intelligence shall ensure that the element estab23 lished and maintained under subsection (a) has secure

24 electronic communications with the other elements of the

25 intelligence community.
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1 (d) DEFINITIONS.—In this section:

2 (1) FOREIGN INTELLIGENCE.—The term ‘‘for3 eign intelligence’’ has the meaning given that term

4 in section 3(2) of the National Security Act of 1947

5 (50 U.S.C. 401a(2)).

6 (2) ELEMENT OF THE INTELLIGENCE COMMU7 NITY.—The term ‘‘element of the intelligence com8 munity’’ means any element of the intelligence com9 munity specified or designated under section 3(4) of

10 the National Security Act of 1947 (50 U.S.C.

11 401a(4)).

12 SEC. 304. TRAINING OF GOVERNMENT OFFICIALS REGARD13 ING IDENTIFICATION AND USE OF FOREIGN

14 INTELLIGENCE.

15 (a) PROGRAM REQUIRED.—The Attorney General

16 shall, in consultation with the Director of Central Intel17 ligence, carry out a program to provide appropriate train18 ing to officials described in subsection (b) in order to as19 sist such officials in—

20 (1) identifying foreign intelligence information

21 in the course of their duties; and

22 (2) utilizing foreign intelligence information in

23 the course of their duties, to the extent that the uti24 lization of such information is appropriate for such

25 duties.
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1 (b) OFFICIALS.—The officials provided training

2 under subsection (a) are, at the discretion of the Attorney

3 General and the Director, the following:

4 (1) Officials of the Federal Government who

5 are not ordinarily engaged in the collection, dissemi6 nation, and use of foreign intelligence in the per7 formance of their duties.

8 (2) Officials of State and local governments

9 who encounter, or may encounter in the course of a

10 terrorist event, foreign intelligence in the perform11 ance of their duties.

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

13 hereby authorized to be appropriated for the Department

14 of Justice such sums as may be necessary for purposes

15 of carrying out the program required by subsection (a).

Æ