[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2459 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2459

 To provide for a terrorist identification classification system, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 2002

 Mr. Reid (for Mr. Wyden (for himself and Mr. Graham)) introduced the 
    following bill; which was read twice and referred to the Select 
                       Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
 To provide for a terrorist identification classification system, 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. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) The national security of the United States is 
        threatened by the possibility of terrorist attacks against 
        American citizens, military personnel, institutions, landmarks, 
        infrastructure, and industry.
            (2) The intelligence community is responsible for 
        collecting and disseminating intelligence on known and 
        suspected terrorists, and known and suspected international 
        terrorist organizations. This information is vital to United 
        States efforts to prevent terrorist attacks, and capture and 
        mete out justice to those who plan or commit such acts.
            (3) Previous terrorist attacks against United States 
        interests and the subsequent investigations into these 
        incidents, including the current investigation into the 
        terrorist attacks of September 11, 2001, have highlighted 
        deficiencies in how intelligence on known or suspected 
        terrorists, and known or suspected terrorist organizations, is 
        stored and retrieved, and in how this information is 
        disseminated to Federal Government agencies, State and local 
        government agencies, and entities of foreign governments and 
        international organizations responsible for the prevention of 
        and investigation into terrorist attacks.
            (4) It is essential to the prevention of future terrorist 
        attacks that the agencies and personnel responsible for 
        protecting our citizenry and Nation have appropriate and 
        effective access to the intelligence collected on known or 
        suspected terrorists, and known or suspected terrorist 
        organizations, in a timely manner.
    (b) Purposes.--The purpose of this Act are--
            (1) to provide for establishment and maintenance of an 
        interoperable counterterrorism intelligence data system to both 
        store and retrieve the identities of and biographic information 
        on known or suspected terrorists, and known or suspected 
        terrorist organizations; and
            (2) to ensure the timely and thorough availability of such 
        information to those responsible for protecting our citizenry 
        and Nation against the threat of terrorism at the Federal, 
        State, and local level.

SEC. 2. TERRORIST IDENTIFICATION CLASSIFICATION SYSTEM.

    (a) Requirement.--(1) The Director of Central Intelligence, acting 
as head of the Intelligence Community, shall--
            (A) establish and maintain a list of individuals who are 
        known or suspected international terrorists, and of 
        organizations that are known or suspected international 
        terrorist organizations; and
            (B) ensure that pertinent information on the list is shared 
        with the departments, agencies, and organizations described by 
        subsection (c).
    (2) The list under paragraph (1), and the mechanisms for sharing 
information on the list, shall be known as the ``Terrorist 
Identification Classification System''.
    (b) Administration.--(1) The Director shall prescribe requirements 
for the inclusion of an individual or organization on the list required 
by subsection (a), and for the omission from the list of an individual 
or organization currently on the list.
    (2) The Director shall ensure that the information utilized to 
determine the inclusion or omission of an individual or organization on 
or from the list is derived from all-source intelligence.
    (3) The Director shall ensure that the list is maintained in 
accordance with existing law and regulations governing the collection, 
storage, and dissemination of intelligence concerning United States 
persons.
    (c) Information Sharing.--Subject to section 103(c)(6) of the 
National Security Act of 1947 (50 U.S.C. 403-3(c)(6)), relating to the 
protection of intelligence sources and methods, the Director shall 
provide for the sharing of the list, and information on the list, with 
such departments and agencies of the Federal Government, State and 
local government agencies, and entities of foreign governments and 
international organizations as the Director considers appropriate.
    (d) Reporting and Certification.--(1) The Director shall review on 
an annual basis the information provided by various departments and 
agencies for purposes of the list under subsection (a) in order to 
determine whether or not the information so provided is derived from 
the widest possible range of intelligence available to such departments 
and agencies.
    (2) The Director shall, as a result of each review under paragraph 
(1), certify whether or not the elements of the intelligence community 
responsible for the collection of intelligence related to the list have 
provided information for purposes of the list that is derived from the 
widest possible range of intelligence available to such department and 
agencies.
    (e) Report on Criteria for Information Sharing.--(1) Not later then 
March 1, 2003, the Director shall submit to the congressional 
intelligence committees a report describing the criteria used to 
determine which information on the list required by subsection (a) is 
to be shared, and which information is not to be shared, with various 
departments and agencies of the Federal Government, State and local 
government agencies, and entities of foreign governments and 
international organizations.
    (2) The report shall include a description of the circumstances in 
which the Director has determined that sharing information on the list 
with the departments and agencies of the Federal Government, and of 
State and local governments, described by subsection (c) would be 
inappropriate due to the concerns addressed by section 103(c)(6) of the 
National Security Act of 1947, relating to the protection of sources 
and methods, and any instance in which the sharing on information on 
the list has been inappropriate in light of such concerns.
    (f) System Administration Requirements.--(1) The Director shall, to 
the maximum extent practicable, ensure the interoperability of the 
Terrorist Identification Classification System with relevant 
information systems of the departments and agencies of the Federal 
Government, and of State and local governments, described by subsection 
(c).
    (2) The Director shall ensure that the System utilizes technologies 
that are effective in aiding the identification of individuals in the 
field.
    (g) Report on Status of System.--(1) Not later than one year after 
the date of the enactment of this Act, the Director of Homeland 
Security in consultation with the Director of Central Intelligence, 
shall submit to the congressional intelligence committees a report on 
the status of the Terrorist Identification Classification System. The 
report shall contain a certification on the following:
            (A) Whether or not the System contains the intelligence 
        information necessary to facilitate the contribution of the 
        System to the domestic security of the United States.
            (B) Whether or not the departments and agencies having 
        access to the System have access in a manner that permits such 
        departments and agencies to carry out appropriately their 
        domestic security responsibilities.
            (C) Whether or not the System is operating in a manner that 
        maximizes its contribution to the domestic security of the 
        United States.
            (D) If a certification under subparagraph (A), (B), or (C) 
        is in the negative, the modifications or enhancements of the 
        System necessary to ensure a future certification in the 
        positive.
    (2) The report shall be submitted in unclassified form, but may 
include a classified annex.
    (h) Congressional Intelligence Committees Defined.--In this 
section, the term ``congressional intelligence committees'' means--
            (1) the Select Committee on Intelligence of the Senate; and
            (2) the Permanent Select Committee on Intelligence of the 
        House of Representatives.
                                 <all>