Title IX of the Patriot Act, enacted in the wake of the September 11, 2001, attacks, specifically addressed various aspects of intelligence gathering, sharing, and training within the U.S. government. This title aimed to improve the identification and utilization of foreign intelligence information, recognizing its critical role in national security. It outlined responsibilities for the Director of Central Intelligence and mandated the creation of reports
on intelligence-related government centers, highlighting a concerted effort to enhance the nation's intelligence capabilities.
A significant component of Title IX involved training officials across different levels of government. Section 908 of the Patriot Act charged the Attorney General with the responsibility of training officials to properly identify and utilize foreign intelligence information in the course of their duties. This training was not limited to federal government employees who routinely handle foreign intelligence but also extended to those who might not typically encounter or disseminate such information. Crucially, it also included state and local government officials who could encounter foreign intelligence during a terrorist event, underscoring a comprehensive approach to intelligence awareness and application.
Directorship of Central Intelligence and Information Disclosure
Title IX outlined several responsibilities and limitations for the Director of U.S. Central Intelligence. Under section 901, the Director was tasked with establishing requirements and priorities for foreign intelligence information to be collected under the Foreign Intelligence Surveillance Act of 1978 (FISA). Additionally, the Director was to assist the Attorney General in disseminating intelligence information. However, the Patriot Act explicitly limited the Director's authority, granting no power to direct, manage, or undertake FISA-based electronic surveillance or physical search operations unless specifically authorized by statute or executive order.
Section 905 of the title focused on the disclosure of foreign intelligence information. It mandated that the Attorney General, or the head of any other federal department or agency with law enforcement responsibilities, disclose any foreign intelligence acquired by the U.S. Department of Justice to the Director. An exception was made for information that might jeopardize an ongoing law enforcement investigation. Furthermore, the Attorney General and the Director of Central Intelligence were directed to develop procedures for the Attorney General to timely inform the Director of any intention to investigate criminal activity of a foreign intelligence source or potential foreign intelligence source based on an intelligence tip-off from the intelligence community. Procedures for administering these matters were also to be developed by the Attorney General.
Commissioned Reports on Intelligence Centers
Title IX also commissioned several reports concerning various intelligence-related government centers, reflecting a desire to optimize their effectiveness. Section 906 ordered a report on the best method for establishing the National Virtual Translation Center. The goal of this center was to develop automated translation facilities to aid in the timely and accurate translation of foreign intelligence information for elements of the U.S. intelligence community. The Patriot Act required this report by February 1, 2002. However, the report, titled "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 delivered more than two months late. The Senate Select Committee on Intelligence noted that this delay contravened the explicit words of the statute and deprived the Committee of timely and valuable input for crafting legislation.
Another significant report was ordered under section 907, which required a study 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. This report, however, was never written. The Senate Select Committee on Intelligence later expressed strong disapproval, stating 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." The Committee further directed that the statutorily-mandated report be completed immediately and include a section detailing the circumstances that led to the Director's failure to comply with lawful reporting requirements. These instances highlight the challenges and oversight issues encountered during the implementation of Title IX's provisions.
