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Title 50 — War and National Defense

Chapter 45 — Miscellaneous Intelligence Community Authorities

§ 3363. Terrorist Identification Classification System

Statutory text

(a)

Requirement

(1)

The Director of National Intelligence 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 deletion or 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 deletion 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 3024(h) of this title, 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)

Report on criteria for information sharing

(1)

Not later than , the Director shall submit to the congressional intelligence committees a report describing the criteria used to determine which types of information on the list required by subsection (a) are to be shared, and which types of information are 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 403–3(c)(7) 1 of this title, relating to the protection of sources and methods, and any instance in which the sharing of information on the list has been inappropriate in light of such concerns.

(e)

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.

(f)

Report on status of System

(1)

Not later than one year after , the Director shall, in consultation with the Director of Homeland Security, 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 the System contains the intelligence information necessary to facilitate the contribution of the System to the domestic security of the United States.

(B)

Whether 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 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.

(g)

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.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 107–306 title III § 343 · 116 Stat. 2383

    Enacted · 50 U.S.C. § 3363

    Pub. L. 107–306, title III, § 343, Nov. 27, 2002, 116 Stat. 2399

    Source evidence

    Code source credit
    Pub. L. 107–306, title III, § 343, Nov. 27, 2002, 116 Stat. 2399

    Enacted provision · exact public law section
    SEC. 343. TERRORIST IDENTIFICATION CLASSIFICATION SYSTEM. (a) Requirement.— 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). (C) 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 deletion or 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 deletion 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) Deadline. Not later then March 1, 2003, the Director shall submit to the congressional intelligence committees a report describing the criteria used to determine which types of information on the list required by subsection (a) are to be shared, and which types of information are 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 of 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) Deadline. Not later than one year after the date of the enactment of this Act, the Director shall, in consultation with the Director of Homeland Security, 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 the System contains the intelligence information necessary to facilitate the contribution of the System to the domestic security of the United States. (B) Whether 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 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.

  2. Intelligence Authorization Act for Fiscal Year 2004

    Pub. L. 108–177 § 377(d) · 117 Stat. 2599

    Substituted · 50 U.S.C. § 3363(c); 50 U.S.C. § 3363(e)(2)

    Pub. L. 108–177, § 377(d), substituted “section 403–3(c)(7) of this title” for “section 403–3(c)(6) of this title”

    Source evidence

    Code amendment note
    Subsecs. (c), (e)(2). Pub. L. 108–177, § 377(d), substituted “section 403–3(c)(7) of this title” for “section 403–3(c)(6) of this title”.

    Enacted provision · exact public law section
    (d) Intelligence Authorization Act for Fiscal Year 2003.— Section 343 of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107–306; 116 Stat. 2399; 50 U.S.C. 404n–2) is amended— (1) in subsection (c), by striking “section 103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403–3(c)(6))” and inserting “section 103(c)(7) of the National Security Act of 1947 (50 U.S.C. 403–3(c)(7))”; and (2) in subsection (e)(2), by striking “section 103(c)(6)” and inserting “section 103(c)(7)”.

  3. National Security Intelligence Reform Act of 2004

    Pub. L. 108–458 § 1071(g)(2)(A)(ii) · 118 Stat. 3638

    Substituted · 50 U.S.C. § 3363(a)(1)

    Pub. L. 108–458, § 1071(g)(2)(A)(ii), which directed amendment of par. (1) by substituting “Director of National Intelligence” for “Director of Central Intelligence, acting as the head of the intelligence community,”, was executed by making the substitution for “Director of Central Intelligence, acting as head of the Intelligence Community,” in introductory provisions to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 108–458, § 1071(g)(2)(A)(ii), which directed amendment of par. (1) by substituting “Director of National Intelligence” for “Director of Central Intelligence, acting as the head of the intelligence community,”, was executed by making the substitution for “Director of Central Intelligence, acting as head of the Intelligence Community,” in introductory provisions to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (ii) Section 343(a)(1) (50 U.S.C. 404n–2(a)(1))

    Effective date note
    For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

  4. National Security Intelligence Reform Act of 2004

    Pub. L. 108–458 § 1072(d)(1)(A) · 118 Stat. 3638

    Substituted · 50 U.S.C. § 3363(c)

    Pub. L. 108–458, § 1072(d)(1)(A), which directed amendment of subsec. (c) by substituting “section 403–1(i)” for “section 403–3(c)(6)”, was executed by making the substitution for “section 403–3(c)(7)” to reflect the probable intent of Congress and the amendment by Pub. L. 108–177. See 2003 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–458, § 1072(d)(1)(A), which directed amendment of subsec. (c) by substituting “section 403–1(i)” for “section 403–3(c)(6)”, was executed by making the substitution for “section 403–3(c)(7)” to reflect the probable intent of Congress and the amendment by Pub. L. 108–177. See 2003 Amendment note below.

    Enacted provision · exact public law section
    (A) Section 343(c) of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law 107–306; 50 U.S.C. 404n–2(c)) is amended by striking “section 103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403–3((c)(6))” and inserting “section 102A(i) of the National Security Act of 1947 (50 U.S.C. 403–3(c)(1))”.

    Effective date note
    For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

  5. Intelligence Authorization Act for Fiscal Year 2010

    Pub. L. 111–259 title III § 347(f) · 124 Stat. 2654

    1. Redesignated · 50 U.S.C. § 3363(d)(h)

      Pub. L. 111–259 redesignated subsecs. (e) to (h) as (d) to (g), respectively

    2. Struck · 50 U.S.C. § 3363(d)(h)

      Pub. L. 111–259 struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows:

    Source evidence

    Code amendment note
    Subsecs. (d) to (h). Pub. L. 111–259 redesignated subsecs. (e) to (h) as (d) to (g), respectively, and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows:

    “(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.”

    Enacted provision · exact public law section
    (f) Report and Certification Under Terrorist Identification Classification System.— Section 343 of the Intelligence Authorization Act for Fiscal Year 2003 (50 U.S.C. 404n–2) is amended— (1) by striking subsection (d); and (2) by redesignating subsections (e), (f), (g), and (h) as subsections (d), (e), (f), and (g), respectively.

  6. Intelligence Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. G title IX § 7901(f)(2) · 137 Stat. 136

    Substituted · 50 U.S.C. § 3363(d)(1)

    Pub. L. 118–31 substituted “Not later than” for “Not later then”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 118–31 substituted “Not later than” for “Not later then”.

    Enacted provision · exact public law section
    (2) in section 343(d)(1) (50 U.S.C. 3363(d)(1)), by striking “Not later then” and inserting “Not later than”.

  7. Pub. L. 119–60 div. F title LXIV § 6402(c)(2)(G) · 139 Stat. 1616

    Substituted · 50 U.S.C. § 3363(c)

    Pub. L. 119–60 substituted “Subject to section 3024(h) of this title, relating” for “Subject to section 3024(i) of this title, relating”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 119–60 substituted “Subject to section 3024(h) of this title, relating” for “Subject to section 3024(i) of this title, relating”.

7 of 8 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

References in Text

Section 403–3 of this title, referred to in subsec. (d)(2), was repealed and a new section 403–3 enacted by Pub. L. 108–458, title I, § 1011(a), , 118 Stat. 3643, without corresponding amendment to this section. Section 403–3 of this title was subsequently editorially reclassified as section 3025 of this title. The new section 3025 contains a subsec. (c) relating to the composition of the Office of the Director of National Intelligence.

Codification

Section was formerly classified to section 404n–2 of this title prior to editorial reclassification and renumbering as this section. Some section numbers of this title referenced in amendment notes below reflect the classification of such sections prior to their editorial reclassification.

Amendments2003–2025 · 5 rounds

2025

Subsec. (c). Pub. L. 119–60 substituted “Subject to section 3024(h) of this title, relating” for “Subject to section 3024(i) of this title, relating”.

2023

Subsec. (d)(1). Pub. L. 118–31 substituted “Not later than” for “Not later then”.

2010

Subsecs. (d) to (h). Pub. L. 111–259 redesignated subsecs. (e) to (h) as (d) to (g), respectively, and struck out former subsec. (d). Prior to amendment, text of subsec. (d) read as follows:

“(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.”

2004

Subsec. (a)(1). Pub. L. 108–458, § 1071(g)(2)(A)(ii), which directed amendment of par. (1) by substituting “Director of National Intelligence” for “Director of Central Intelligence, acting as the head of the intelligence community,”, was executed by making the substitution for “Director of Central Intelligence, acting as head of the Intelligence Community,” in introductory provisions to reflect the probable intent of Congress.

Subsec. (c). Pub. L. 108–458, § 1072(d)(1)(A), which directed amendment of subsec. (c) by substituting “section 403–1(i)” for “section 403–3(c)(6)”, was executed by making the substitution for “section 403–3(c)(7)” to reflect the probable intent of Congress and the amendment by Pub. L. 108–177. See 2003 Amendment note below.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

For Determination by President that amendment by Pub. L. 108–458 take effect on , see Memorandum of President of the United States, , 70 F.R. 23925, set out as a note under section 3001 of this title.

Amendment by Pub. L. 108–458 effective not later than six months after , except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title.

Credits

2002–2025 · 6 acts
  1. 2002Pub. L. 107–306, title III, § 343, , 116 Stat. 2399
  2. 2003Pub. L. 108–177, title III, § 377(d), , 117 Stat. 2631
  3. 2004Pub. L. 108–458, title I, §§ 1071(g)(2)(A)(ii), 1072(d)(1)(A), , 118 Stat. 3691, 3693
  4. 2010Pub. L. 111–259, title III, § 347(f), , 124 Stat. 2699
  5. 2023Pub. L. 118–31, div. G, title IX, § 7901(f)(2), , 137 Stat. 1107
  6. 2025Pub. L. 119–60, div. F, title LXIV, § 6402(c)(2)(G), , 139 Stat. 1616.
Show as published

(Pub. L. 107–306, title III, § 343, , 116 Stat. 2399; Pub. L. 108–177, title III, § 377(d), , 117 Stat. 2631; Pub. L. 108–458, title I, §§ 1071(g)(2)(A)(ii), 1072(d)(1)(A), , 118 Stat. 3691, 3693; Pub. L. 111–259, title III, § 347(f), , 124 Stat. 2699; Pub. L. 118–31, div. G, title IX, § 7901(f)(2), , 137 Stat. 1107; Pub. L. 119–60, div. F, title LXIV, § 6402(c)(2)(G), , 139 Stat. 1616.)

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