Title IX of the Patriot Act

Last updated

Title IX: Improved Intelligence is the ninth of ten titles which comprise the USA PATRIOT Act, an anti-terrorism bill passed in the United States after the September 11, 2001 attacks. It amends the National Security Act of 1947 to require the Director of Central Intelligence (DCI) to establish requirements and priorities for foreign intelligence collected under the Foreign Intelligence Surveillance Act of 1978 and to provide assistance to the United States Attorney General to ensure that information derived from electronic surveillance or physical searches is disseminated for efficient and effective foreign intelligence purposes.

Contents

Central Intelligence director

A number of aspects of the Directorship of U.S. Central Intelligence were addressed in Title IX of the Patriot Act. The Director was given responsibility under section 901 to establish requirements and priorities for foreign intelligence information to be collected under the Foreign Intelligence Surveillance Act of 1978 (FISA), and to assist the Attorney General with disseminating intelligence information. However, the Patriot Act limited the Director and gave him no authority to direct, manage, or undertake FISA-based electronic surveillance or physical search operations unless they have been authorized by statute or executive order. [1]

Section 905 deals with matters relating to disclosure of foreign intelligence information. With the exception of information that might jeopardize an ongoing law enforcement investigation, it was made a requirement that the Attorney General, or the head of any other department or agency of the Federal Government with law enforcement responsibilities, disclose to the Director any foreign intelligence acquired by the U.S. Department of Justice. The Attorney General and Director of Central Intelligence were directed to develop procedures for the Attorney General to follow in order to inform the Director, in a timely manner, of any intention of investigating criminal activity of a foreign intelligence source or potential foreign intelligence source based on the intelligence tip-off of a memory of the intelligence community. The Attorney General was also directed to develop procedures on how to best administer these matters. [2]

Centers

The title commissioned several reports into various intelligence-related government centers. Section 906 ordered a report be written into the best way of setting up the National Virtual Translation Center, with the goal of developing automated translation facilities to assist with the timely and accurate translation of foreign intelligence information for elements of the U.S. intelligence community. The Patriot Act required this to be provided on February 1, 2002, however the report, entitled "Director of Central Intelligence Report on the National Virtual Translation Center: A Concept Plan to Enhance the Intelligence Community's Foreign Language Capabilities, April 29, 2002" was received more than two months late, which the Senate Select Committee on Intelligence reported was "a delay which, in addition to contravening the explicit words of the statute, deprived the Committee of timely and valuable input into its efforts to craft this legislation." [3] Section 907 ordered a report to be written by February 1, 2002 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. However, this report was never written. The Senate Select Committee on Intelligence later complained that "[t]he Director of Central Intelligence and the Secretary of the Treasury failed to provide a report, this time in direct contravention of a section of the USA PATRIOT Act" and they further directed "that the statutorily-directed report be completed immediately, and that it should include a section describing the circumstances which led to the Director's failure to comply with lawful reporting requirements." [4]

A number of amendments were made to other intelligence related matters. Section 903 of the Act specifies a sense of Congress that encourages officers and employees of the intelligence community to make every effort to establish and maintain intelligence relationships with any person, entity, or group while they conduct lawful intelligence activities. Under section 902, international terrorist activities were made to fall within the scope of foreign intelligence under the National Security Act of 1947. [5]

Section 904 authorized the deferral of the submission to Congress of certain reports on intelligence and intelligence-related matters until either February 1, 2002 or a date after February 1, 2002, if the official involved certified that preparation and submission on February 1, 2002, would impede the work of officers or employees engaged in counterterrorism activities. Any such deferral required congressional notification before it was authorized.

The Attorney General was charged, under section 908 of the Patriot Act, with training officials in identifying and utilizing foreign intelligence information properly in the course of their duties. The government officials include those in the Federal Government who do not normally encounter or disseminate foreign intelligence in the performance of their duties, and State and local government officials who encounter, or potentially may encounter in the course of a terrorist event, foreign intelligence in the performance of their duties.

Related Research Articles

<span class="mw-page-title-main">Patriot Act</span> 2001 United States anti-terrorism law

The USA PATRIOT Act was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, and the commonly used short name is a contrived acronym that is embedded in the name set forth in the statute.

<span class="mw-page-title-main">United States Intelligence Community</span> Collective term for US federal intelligence and security agencies

The United States Intelligence Community (IC) is a group of separate United States government intelligence agencies and subordinate organizations that work both separately and collectively to conduct intelligence activities which support the foreign policy and national security interests of the United States. Member organizations of the IC include intelligence agencies, military intelligence, and civilian intelligence and analysis offices within federal executive departments.

<span class="mw-page-title-main">Foreign Intelligence Surveillance Act</span> 1978 United States federal law

The Foreign Intelligence Surveillance Act of 1978 is a United States federal law that establishes procedures for the surveillance and collection of foreign intelligence on domestic soil.

<span class="mw-page-title-main">Intelligence Reform and Terrorism Prevention Act</span> Act of Congress

The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) is a 235-page Act of Congress, signed by President George W. Bush, that broadly affects United States federal terrorism laws. The act comprises several separate titles with varying subject issues. It was enacted in response to the terror attacks of September 11, 2001.

The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. It has ten titles, each containing numerous sections. Title II: Enhanced Surveillance Procedures granted increased powers of surveillance to various government agencies and bodies. This title has 25 sections, with one of the sections containing a sunset clause which sets an expiration date, December 31, 2005, for most of the title's provisions. This was extended twice: on December 22, 2005 the sunset clause expiration date was extended to February 3, 2006 and on February 2 of the same year it was again extended, this time to March 10.

The Australian Intelligence Community (AIC) and the National Intelligence Community (NIC) or National Security Community of the Australian Government are the collectives of statutory intelligence agencies, policy departments, and other government agencies concerned with protecting and advancing the national security and national interests of the Commonwealth of Australia. The intelligence and security agencies of the Australian Government have evolved since the Second World War and the Cold War and saw transformation and expansion during the Global War on Terrorism with military deployments in Afghanistan, Iraq and against ISIS in Syria. Key international and national security issues for the Australian Intelligence Community include terrorism and violent extremism, cybersecurity, transnational crime, the rise of China, and Pacific regional security.

<span class="mw-page-title-main">NSA warrantless surveillance (2001–2007)</span> Part of Terrorist Surveillance Program

NSA warrantless surveillance — also commonly referred to as "warrantless-wiretapping" or "-wiretaps" — refers to the surveillance of persons within the United States, including U.S. citizens, during the collection of notionally foreign intelligence by the National Security Agency (NSA) as part of the Terrorist Surveillance Program. In late 2001, the NSA was authorized to monitor, without obtaining a FISA warrant, phone calls, Internet activities, text messages and other forms of communication involving any party believed by the NSA to be outside the U.S., even if the other end of the communication lays within the U.S.

The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. It has ten titles, each containing numerous sections. Title IV: Protecting the Border aims to prevent terrorism in the USA through immigration regulations. The provisions of the title generally increase the difficulty of entering the country for those known to have, or suspected of having, terrorist intent.

Title V: Removing obstacles to investigating terrorism is the fifth of ten titles which comprise the USA PATRIOT Act, an anti-terrorism bill passed in the United States after the September 11, 2001 attacks. It contains 8 sections regarding the capture and prosecution of terrorists.

<span class="mw-page-title-main">Section summary of Title II of the Patriot Act</span>

The following is a section summary of the USA PATRIOT Act, Title II. The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. Title II: Enhanced Surveillance Procedures gave increased powers of surveillance to various government agencies and bodies. This title has 25 sections, with one of the sections containing a sunset clause which sets an expiration date, 31 December 2005, for most of the title's provisions. On 22 December 2005, the sunset clause expiration date was extended to 3 February 2006.

<span class="mw-page-title-main">National security letter</span> US government administrative subpoena

A national security letter (NSL) is an administrative subpoena issued by the United States government to gather information for national security purposes. NSLs do not require prior approval from a judge. The Stored Communications Act, Fair Credit Reporting Act, and Right to Financial Privacy Act authorize the United States government to seek such information that is "relevant" to authorized national security investigations. By law, NSLs can request only non-content information, for example, transactional records and phone numbers dialed, but never the content of telephone calls or e-mails.

<span class="mw-page-title-main">United States Department of Justice National Security Division</span>

The United States Department of Justice National Security Division (NSD) handles national security functions of the department. Created by the 2005 USA PATRIOT Act reauthorization, the division consolidated all of the department's national security and intelligence functions into a single division. The division is headed by the Assistant Attorney General for National Security.

Warrantless searches are searches and seizures conducted without court-issued search warrants.

<span class="mw-page-title-main">Public Health Security and Bioterrorism Preparedness and Response Act of 2002</span>

Signed into effect on 12 June 2002, the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, (PHSBPRA) was signed by the President, the Department of Health and Human Services (DHHS) and the U.S. Department of Agriculture (USDA).

<span class="mw-page-title-main">Protect America Act of 2007</span>

The Protect America Act of 2007 (PAA),, is a controversial amendment to the Foreign Intelligence Surveillance Act (FISA) that was signed into law by U.S. President George W. Bush on August 5, 2007. It removed the warrant requirement for government surveillance of foreign intelligence targets "reasonably believed" to be outside the United States. The FISA Amendments Act of 2008 reauthorized many provisions of the Protect America Act in Title VII of FISA.

<span class="mw-page-title-main">History of the Patriot Act</span>

The history of the USA PATRIOT Act involved many parties who opposed and supported the legislation, which was proposed, enacted and signed into law 45 days after the September 11 terrorist attacks in 2001. The USA PATRIOT Act, though approved by large majorities in the U.S. Senate and House of Representative, was controversial, and parts of the law were invalidated or modified by successful legal challenges over constitutional infringements to civil liberties. The Act had several sunset provisions, most reauthorized by the USA PATRIOT Improvement and Reauthorization Act of 2005 and the USA PATRIOT Act Additional Reauthorizing Amendments Act. Both reauthorizations incorporated amendments to the original USA PATRIOT Act, and other federal laws.

United States Intelligence Community Oversight duties are shared by both the executive and legislative branches of the government. Oversight, in this case, is the supervision of intelligence agencies, and making them accountable for their actions. Generally oversight bodies look at the following general issues: following policymaker needs, the quality of analysis, operations, and legality of actions.

<span class="mw-page-title-main">President's Surveillance Program</span> Intelligence activities in the US

The President's Surveillance Program (PSP) is a collection of secret intelligence activities authorized by the President of the United States George W. Bush after the September 11 attacks in 2001 as part of the War on Terrorism. Information collected under this program was protected within a Sensitive Compartmented Information security compartment codenamed STELLARWIND.

<span class="mw-page-title-main">PRISM</span> Mass surveillance program run by the NSA

PRISM is a code name for a program under which the United States National Security Agency (NSA) collects internet communications from various U.S. internet companies. The program is also known by the SIGAD US-984XN. PRISM collects stored internet communications based on demands made to internet companies such as Google LLC under Section 702 of the FISA Amendments Act of 2008 to turn over any data that match court-approved search terms. Among other things, the NSA can use these PRISM requests to target communications that were encrypted when they traveled across the internet backbone, to focus on stored data that telecommunication filtering systems discarded earlier, and to get data that is easier to handle.

<span class="mw-page-title-main">USA Freedom Act</span> 2015 U.S. surveillance law

The USA Freedom Act is a U.S. law enacted on June 2, 2015, that restored and modified several provisions of the Patriot Act, which had expired the day before. The act imposes some new limits on the bulk collection of telecommunication metadata on U.S. citizens by American intelligence agencies, including the National Security Agency. It also restores authorization for roving wiretaps and tracking lone wolf terrorists. The title of the act is a ten-letter backronym that stands for Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015.

References

  1. Amendment was made to Section 103(c) of the National Security Act of 1947 ( 50 U.S.C.   § 403-3(c) ).
  2. section 105B of the National Security Act of 1947 (15 U.S.C.   § 403–5b) was amended to incorporate these changes.
  3. Senate Report 107-149 Archived 2013-08-25 at the Wayback Machine - "To authorize appropriations for Fiscal Year 2003 for Intelligence and Intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement Disability System, and for other purposes.", see the section "National Virtual Translation Center"
  4. Senate Report 107-149 Archived 2013-08-25 at the Wayback Machine - "To authorize appropriations for Fiscal Year 2003 for Intelligence and Intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement Disability System, and for other purposes.", see the section "Foreign Terrorist Asset Tracking Center"
  5. Section 3 of the National Security Act of 1947 (50 U.S.C.   § 401a) was amended.