[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1448 Introduced in Senate (IS)]







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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence to 
Prevent Terrorism Act of 2001''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
        TITLE I--AUTHORITIES OF DIRECTOR OF CENTRAL INTELLIGENCE

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 
                            intelligence-related 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.

        TITLE I--AUTHORITIES OF DIRECTOR OF CENTRAL INTELLIGENCE

SEC. 101. RESPONSIBILITIES OF DIRECTOR OF CENTRAL INTELLIGENCE 
              REGARDING FOREIGN INTELLIGENCE COLLECTED UNDER FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    Section 103(c) of the National Security Act of 1947 (50 U.S.C. 403-
3(c)) is amended--
            (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, and manage 
        the analysis and dissemination of, all foreign intelligence 
        collected under the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801 et seq.), including the provision of 
        assistance to the Attorney General in order to ensure that 
        information derived from surveillance or physical searches 
        under that Act is used efficiently and effectively for foreign 
        intelligence purposes, except that the Director shall have no 
        authority to direct, manage, or undertake electronic 
        surveillance operations pursuant to that Act unless otherwise 
        authorized by statute or executive order;''.

SEC. 102. 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. 103. ESTABLISHMENT AND MAINTENANCE OF INTELLIGENCE RELATIONSHIPS 
              TO ACQUIRE INFORMATION ON TERRORISTS AND TERRORIST 
              ORGANIZATIONS.

    (a) Authority To Establish and Maintain Relationships.--Title I of 
the National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended--
            (1) by redesignating section 112 as section 112A; and
            (2) by inserting after section 111 the following new 
        section 112:

   ``establishment and maintenance of intelligence relationships to 
     acquire information on terrorists and terrorist organizations

    ``Sec. 112. Notwithstanding any other provision of law or 
regulation, any officer or employee of an element of the intelligence 
community, acting in the course of the official duties of such officer 
or employee, may establish and maintain an intelligence relationship 
with any person for purposes of acquiring information on the identity, 
location, finances, affiliations, capabilities, plans, or intentions of 
a terrorist or terrorist organization, or any other person, entity, or 
organization (including a foreign government) engaged in harboring, 
comforting, financing, aiding, or assisting a terrorist or terrorist 
organization.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
that Act is amended by striking the item relating to section 112 and 
inserting the following 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.''.

SEC. 104. 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 by 
        law 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 by law 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 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)).

                   TITLE II--ELECTRONIC SURVEILLANCE

SEC. 201. EXCLUSION OF INSTRUCTIONS TO ELECTRONIC DEVICES FROM CONTENTS 
              OF COMMUNICATIONS UNDER FOREIGN INTELLIGENCE SURVEILLANCE 
              ACT OF 1978.

    (a) Exclusion.--Section 101(f) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801(f)) is amended by adding after 
paragraph (4) the following new matter:
        ``However, the term does not include the interception of any 
        instruction or signal that is given to an electronic device 
        solely for purposes of the operation, manipulation, or 
        alteration of the electronic device and has no purpose of 
        communication to another person or purpose of retrieval of 
        information to which the person is lawfully entitled.''.
    (b) Semiannual Reports on Interception of Instructions.--Section 
108(a) of that Act (50 U.S.C. 1808(a)) is amended by adding at the end 
the following new paragraph:
    ``(3) Each report under the first sentence of paragraph (1) shall 
also include a description of the interception, if any, during the 
period covered by such report of instructions or signals given to an 
electronic device as described in the second sentence of section 
101(f).''.
    (c) Technical Amendments.--Section 108 of that Act is further 
amended--
            (1) in subsection (a), by striking ``the House Permanent 
        Select Committee on Intelligence and the Senate Select 
        Committee on Intelligence'' and inserting ``the Select 
        Committee on Intelligence of the Senate and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives''; and
            (2) in subsection (b), by striking ``the Permanent Select 
        Committee on Intelligence and the Senate Select Committee on 
        Intelligence'' and inserting ``the Select Committee on 
        Intelligence of the Senate and the Permanent Select Committee 
        on Intelligence of the House of Representatives''.

SEC. 202. DURATION OF SURVEILLANCE AND SEARCHES OF CERTAIN AGENTS OF 
              FOREIGN POWERS UNDER FOREIGN INTELLIGENCE SURVEILLANCE 
              ACT OF 1978.

    (a) Electronic Surveillance.--Section 105(e)(1) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)(1)) is amended 
by striking ``, as defined in section 101(a), (1), (2), or (3),'' and 
inserting ``, as defined in paragraph (1), (2), or (3) of section 
101(a), or an agent of a foreign power, as defined in section 
101(b)(1)(A),''.
    (b) Physical Searches.--Section 304(d)(1) of that Act (50 U.S.C. 
1824(d)(1)) is amended inserting after ``section 101(a),'' the 
following: ``or an agent of a foreign power, as defined in section 
101(b)(1)(A),''.

SEC. 203. ASSISTANCE FOR ELECTRONIC SURVEILLANCE UNDER FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    Section 105(c)(2) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1805(c)(2)) is amended--
            (1) in subparagraph (B)--
                    (A) by inserting after ``other specified person'' 
                the following: ``, or if the Court finds that the 
                actions of the target of electronic surveillance may 
                thwart the identification of such carrier, landlord, 
                custodian, or other person, such other persons,''; and
                    (B) by striking ``or other person is providing'' 
                and inserting ``or other person or persons provide'';
            (2) in subparagraph (C)--
                    (A) by striking ``or other person'' and inserting 
                ``or other person or persons''; and
                    (B) by striking ``such person'' and inserting 
                ``such person or persons''; and
            (3) in subparagraph (D), by striking ``or other person'' 
        and inserting ``or other person or persons''.

SEC. 204. CLARIFICATION OF RELATIONSHIP BETWEEN WIRETAP AUTHORITY AND 
              ELECTRONIC SURVEILLANCE AUTHORITY UNDER FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Wiretap Authority.--(1) Chapter 119 of title 18, United States 
Code, is amended by adding at the end the following new section:
``Sec. 2523. Construction with electronic surveillance authority under 
              Foreign Intelligence Surveillance Act of 1978
    ``Nothing in this chapter shall be construed to alter, affect, or 
prohibit the authority to conduct electronic surveillance under title I 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) with respect to any communication that may be intercepted by a 
means authorized by this chapter.''.
    (2) The table of sections at the beginning of that chapter is 
amended by adding at the end the following new item:

``2523. Construction with electronic surveillance authority under 
                            Foreign Intelligence Surveillance Act of 
                            1978.''.
    (b) Authority for Electronic Surveillance Under FISA.--(1) Title I 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.) is amended by adding at the end the following new section:

 ``construction with interception authority under chapter 119 of title 
                         18, united states code

    ``Sec. 112. Nothing in this title shall be construed to alter, 
affect, or prohibit the authority to intercept communications under 
chapter 119 of title 18, United States Code, with respect to any 
communication or technical intelligence that is subject to electronic 
surveillance under the provisions of this title.''.
    (2) The table of contents at the beginning of that Act is amended 
by inserting after the item relating to section 111 the following new 
item:

``Sec. 112. Construction with interception authority under chapter 119 
                            of title 18, United States Code.''.

                     TITLE III--INFORMATION SHARING

SEC. 301. DISCLOSURE TO DIRECTOR OF CENTRAL INTELLIGENCE OF FOREIGN 
              INTELLIGENCE-RELATED 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--
            (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 any 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 may, in extraordinary circumstances (as 
determined by the Attorney General), provide for the waiver of the 
applicability of paragraph (1) to 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 the 
integrity of on ongoing law enforcement investigation of the United 
States.
    ``(b) Notice of Criminal Investigations.--(1) Subject to paragraph 
(2), not later than 15 days after the receipt by an element of the 
Department of Justice of a report from an element of the intelligence 
community of activity of a foreign intelligence source or potential 
foreign intelligence source that, as determined by the Attorney 
General, warrants investigation as criminal activity, the Attorney 
General shall notify the Director of Central Intelligence of the 
intention of the Attorney General to commence, or decline to commence, 
a criminal investigation of such activity.
    ``(2) The Attorney General may provide for the waiver of the 
applicability of paragraph (1) to one or more classes of foreign 
intelligence sources, or potential foreign intelligence sources, if the 
Attorney General determines that disclosure of activity of such foreign 
intelligence source or potential foreign intelligence source, as the 
case may be, under that paragraph would jeopardize the integrity of on 
ongoing law enforcement investigation of the United States.
    ``(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. 302. FOREIGN TERRORIST ASSET TRACKING CENTER.

    (a) Report on Reconfiguration.--Not later than February 1, 2002, 
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 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 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 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 Secretary and the Director shall include with the report under that 
subsection a detailed proposal for legislation to achieve the 
reconfiguration.

SEC. 303. NATIONAL VIRTUAL TRANSLATION CENTER.

    (a) Requirement.--(1) Commencing not later than 180 days after the 
date of the enactment of this Act, the Director of Central Intelligence 
shall, in consultation with the Director of the Federal Bureau of 
Investigation, establish and maintain within the intelligence community 
an element for purposes of providing timely and accurate translations 
of foreign intelligence for all other elements of the intelligence 
community. The element shall be known as the ``National Virtual 
Translation Center''.
    (2) The element established and maintained under paragraph (1) 
shall make use of state-of-the-art communications technology, integrate 
existing translation capabilities in the intelligence community, and 
utilize remote-connection capacities so as to minimize the need for a 
central physical facility for the element.
    (b) Resources.--In establishing and maintaining the element 
required by subsection (a), the Director of Central Intelligence 
shall--
            (1) assign the element a staff of individuals possessing a 
        broad range of linguistic and translation skills appropriate 
        for the purposes of the element;
            (2) provide the element 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) ensure, to the maximum extent practicable, that the 
        communications capabilities and systems provided the element 
        under paragraph (2) are 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; 
        and
            (4) develop a communications infrastructure to ensure the 
        efficient and secure use of the translation capabilities of the 
        element.
    (c) Secure Communications.--The Director of Central Intelligence 
shall ensure that the element established and maintained under 
subsection (a) has secure electronic communications with 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. 304. 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).
                                 <all>