164
ligence purposes, except that the Director shall have
no authority to direct, manage, or undertake elec-
tronic surveillance or physical search operations pur-
suant to that Act unless otherwise authorized by
statute or executive order;’’.
SEC. 902. INCLUSION OF INTERNATIONAL TERRORIST AC-
TIVITIES WITHIN SCOPE OF FOREIGN INTEL-
LIGENCE 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 pe-
riod the following: ‘‘, or international terrorist activi-
ties’’; and
(2) in paragraph (3), by striking ‘‘and activities
conducted’’ and inserting ‘‘, and activities con-
ducted,’’.
SEC. 903. SENSE OF CONGRESS ON THE ESTABLISHMENT
AND MAINTENANCE OF INTELLIGENCE RELA-
TIONSHIPS TO ACQUIRE INFORMATION ON
TERRORISTS 
AND 
TERRORIST 
ORGANIZA-
TIONS.
It is the sense of Congress that officers and employ-
ees of the intelligence community of the Federal Govern-
ment, acting within the course of their official duties,
165
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 har-
boring, comforting, financing, aiding, or assisting a ter-
rorist or terrorist organization.
SEC. 904. TEMPORARY AUTHORITY TO DEFER SUBMITTAL
TO 
CONGRESS 
OF 
REPORTS 
ON 
INTEL-
LIGENCE AND INTELLIGENCE-RELATED MAT-
TERS.
(a) AUTHORITY TO DEFER.—The Secretary of De-
fense, Attorney General, and Director of Central Intel-
ligence each may, during the effective period of this sec-
tion, defer the date of submittal to Congress of any cov-
ered intelligence report under the jurisdiction of such offi-
cial 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-re-
lated activities of the United States Government
166
that is required to be submitted to Congress by an
element of the intelligence community during the ef-
fective period of this section.
(2) Any report or other matter that is required
to be submitted to the Select Committee on Intel-
ligence of the Senate and Permanent Select Com-
mittee on Intelligence of the House of Representa-
tives by the Department of Defense or the Depart-
ment of Justice during the effective period of this
section.
(c) EXCEPTION FOR CERTAIN REPORTS.—For pur-
poses 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 sub-
mittal of the covered intelligence report shall submit to
Congress notice of the deferral. Notice of deferral of a re-
port 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 ju-
risdiction of such official to a date after February 1, 2002,
167
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 enact-
ment of this Act and ending on February 1, 2002.
(g) ELEMENT OF THE INTELLIGENCE COMMUNITY
DEFINED.—In this section, the term ‘‘element of the intel-
ligence 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 INTEL-
LIGENCE OF FOREIGN INTELLIGENCE-RE-
LATED INFORMATION WITH RESPECT TO
CRIMINAL INVESTIGATIONS.
(a) IN GENERAL.—Title I of the National Security
Act of 1947 (50 U.S.C. 402 et seq.) is amended—
168
(1) by redesignating subsection 105B as section
105C; and
(2) by inserting after section 105A the fol-
lowing 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 INTEL-
LIGENCE.—(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 Intel-
ligence, pursuant to guidelines developed by the Attorney
General in consultation with the Director, foreign intel-
ligence acquired by an element of the Department of Jus-
tice 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 con-
sultation 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
169
an ongoing law enforcement investigation or impair other
significant law enforcement interests.
‘‘(b) PROCEDURES FOR NOTICE OF CRIMINAL INVES-
TIGATIONS.—Not later than 180 days after the date of
enactment of this section, the Attorney General, in con-
sultation 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 intel-
ligence source that may warrant investigation as criminal
activity, the Attorney General provides notice to the Direc-
tor of Central Intelligence, within a reasonable period of
time, of his intention to commence, or decline to com-
mence, a criminal investigation of such activity.
‘‘(c) PROCEDURES.—The Attorney General shall de-
velop procedures for the administration of this section, in-
cluding the disclosure of foreign intelligence by elements
of the Department of Justice, and elements of other de-
partments 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: