50 U.S.C. § 3363 — Terrorist Identification Classification Sys-

Page 844 TITLE 50—WAR AND NATIONAL DEFENSE § 3362 § 1071(g)(2)(A)(i), Dec. 17, 2004, 118 Stat. 3691; Pub. L. 108–487, title III, § 304, Dec. 23, 2004, 118 Stat. 3944; Pub. L. 118–31, div. G, title IX, § 7901(f)(1), Dec. 22, 2023, 137 Stat. 1107.) Editorial Notes CODIFICATION Section was formerly classified to section 404n of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2023—Subsec. (d)(3)(B). Pub. L. 118–31 inserted period at end. 2004—Subsec. (a). Pub. L. 108–458 substituted ‘‘Direc- tor of National Intelligence’’ for ‘‘Director of Central Intelligence, acting as the head of the intelligence com- munity,’’. Subsec. (c). Pub. L. 108–487, § 304(a)(2), added subsec. (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 108–487, § 304(a)(1), (b), redesig- nated subsec. (c) as (d) and added par. (3). Former sub- sec. (d) redesignated (e). Subsec. (e). Pub. L. 108–487, § 304(a)(1), redesignated subsec. (d) as (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum 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. § 3362. Foreign Terrorist Asset Tracking Center (a) Establishment The Director of National Intelligence shall es- tablish within the Central Intelligence Agency an element responsible for conducting all-source intelligence analysis of information relating to the financial capabilities, practices, and activi- ties of individuals, groups, and nations associ- ated with international terrorism in their ac- tivities relating to international terrorism. (b) Designation The element established under subsection (a) shall be known as the Foreign Terrorist Asset Tracking Center. (c) Deadline for establishment The element required by subsection (a) shall be established as soon as practicable after No- vember 27, 2002, but not later than 90 days after November 27, 2002. (Pub. L. 107–306, title III, § 341, Nov. 27, 2002, 116 Stat. 2398; Pub. L. 108–458, title I, § 1071(g)(2)(C), Dec. 17, 2004, 118 Stat. 3691.) Editorial Notes CODIFICATION Section was formerly classified to section 404n–1 of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2004—Subsec. (a). Pub. L. 108–458 substituted ‘‘Direc- tor of National Intelligence shall establish within the Central Intelligence Agency’’ for ‘‘Director of Central Intelligence, acting as the head of the intelligence com- munity, shall establish in the Central Intelligence Agency’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum 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. § 3363. Terrorist Identification Classification Sys- tem (a) Requirement (1) The Director of National Intelligence shall— (A) establish and maintain a list of individ- uals who are known or suspected international terrorists, and of organizations that are known or suspected international terrorist or- ganizations; 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 mech- anisms for sharing information on the list, shall be known as the ‘‘Terrorist Identification Clas- sification System’’. (b) Administration (1) The Director shall prescribe requirements for the inclusion of an individual or organiza- tion 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 informa- tion utilized to determine the inclusion, or dele- tion or omission, of an individual or organiza- tion 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(i) of this title, relating to the protection of intelligence sources and methods, the Director shall provide for the shar- ing of the list, and information on the list, with such departments and agencies of the Federal Government, State and local government agen- cies, and entities of foreign governments and international organizations as the Director con- siders appropriate. (d) Report on criteria for information sharing (1) Not later than 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 Page 845 TITLE 50—WAR AND NATIONAL DEFENSE § 3363 1 See References in Text note below. shared, with various departments and agencies of the Federal Government, State and local gov- ernment agencies, and entities of foreign gov- ernments and international organizations. (2) The report shall include a description of the circumstances in which the Director has de- termined that sharing information on the list with the departments and agencies of the Fed- eral Government, and of State and local govern- ments, described by subsection (c) would be in- appropriate 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 in- stance 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 de- partments and agencies of the Federal Govern- ment, and of State and local governments, de- scribed 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 November 27, 2002, 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 intel- ligence information necessary to facilitate the contribution of the System to the domestic se- curity 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 do- mestic 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 unclassi- fied form, but may include a classified annex. (g) Congressional intelligence committees de- fined In this section, the term ‘‘congressional intel- ligence committees’’ means— (1) the Select Committee on Intelligence of the Senate; and (2) the Permanent Select Committee on In- telligence of the House of Representatives. (Pub. L. 107–306, title III, § 343, Nov. 27, 2002, 116 Stat. 2399; Pub. L. 108–177, title III, § 377(d), Dec. 13, 2003, 117 Stat. 2631; Pub. L. 108–458, title I, §§ 1071(g)(2)(A)(ii), 1072(d)(1)(A), Dec. 17, 2004, 118 Stat. 3691, 3693; Pub. L. 111–259, title III, § 347(f), Oct. 7, 2010, 124 Stat. 2699; Pub. L. 118–31, div. G, title IX, § 7901(f)(2), Dec. 22, 2023, 137 Stat. 1107.) 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), Dec. 17, 2004, 118 Stat. 3643, without corresponding amendment to this section. Sec- tion 403–3 of this title was subsequently editorially re- classified 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 renum- bering 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. AMENDMENTS 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 agen- cies 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 in- telligence available to such departments and agencies. ‘‘(2) The Director shall, as a result of each review under paragraph (1), certify whether or not the ele- ments of the intelligence community responsible for the collection of intelligence related to the list have provided information for purposes of the list that is de- rived 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 intel- ligence community,’’, was executed by making the sub- stitution for ‘‘Director of Central Intelligence, acting as head of the Intelligence Community,’’ in introduc- tory provisions to reflect the probable intent of Con- gress. Subsec. (c). Pub. L. 108–458, § 1072(d)(1)(A), which di- rected amendment of subsec. (c) by substituting ‘‘sec- tion 403–1(i)’’ for ‘‘section 403–3(c)(6)’’, was executed by making the substitution for ‘‘section 403–3(c)(7)’’ to re- flect the probable intent of Congress and the amend- ment by Pub. L. 108–177. See 2003 Amendment note below. 2003—Subsecs. (c), (e)(2). Pub. L. 108–177, § 377(d), sub- stituted ‘‘section 403–3(c)(7) of this title’’ for ‘‘section 403–3(c)(6) of this title’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum 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. Page 846 TITLE 50—WAR AND NATIONAL DEFENSE § 3364 § 3364. Assignment of responsibilities relating to analytic integrity (a) Assignment of responsibilities For purposes of carrying out section 3024(h) of this title, the Director of National Intelligence shall, not later than 180 days after December 17, 2004, assign an individual or entity to be respon- sible for ensuring that finished intelligence products produced by any element or elements of the intelligence community are timely, objec- tive, independent of political considerations, based upon all sources of available intelligence, and employ the standards of proper analytic tradecraft. (b) Responsibilities (1) The individual or entity assigned responsi- bility under subsection (a)— (A) may be responsible for general oversight and management of analysis and production, but may not be directly responsible for, or in- volved in, the specific production of any fin- ished intelligence product; (B) shall perform, on a regular basis, de- tailed reviews of finished intelligence product or other analytic products by an element or elements of the intelligence community cov- ering a particular topic or subject matter; (C) shall be responsible for identifying on an annual basis functional or topical areas of analysis for specific review under subpara- graph (B); and (D) upon completion of any review under subparagraph (B), may draft lessons learned, identify best practices, or make recommenda- tions for improvement to the analytic tradecraft employed in the production of the reviewed product or products. (2) Each review under paragraph (1)(B) should— (A) include whether the product or products concerned were based on all sources of avail- able intelligence, properly describe the quality and reliability of underlying sources, properly caveat and express uncertainties or confidence in analytic judgments, properly distinguish between underlying intelligence and the as- sumptions and judgments of analysts, and in- corporate, where appropriate, alternative analyses; and (B) ensure that the analytic methodologies, tradecraft, and practices used by the element or elements concerned in the production of the product or products concerned meet the stand- ards set forth in subsection (a). (3) Information drafted under paragraph (1)(D) should, as appropriate, be included in analysis teaching modules and case studies for use throughout the intelligence community. (c) Annual briefings Not later than February 1 each year, the Di- rector of National Intelligence shall provide to the congressional intelligence committees, the heads of the relevant elements of the intel- ligence community, and the heads of analytic training departments a briefing with a descrip- tion, and the associated findings, of each review under subsection (b)(1)(B) during such year. (d) Congressional intelligence committees de- fined In this section, the term ‘‘congressional intel- ligence committees’’ means— (1) the Select Committee on Intelligence of the Senate; and (2) the Permanent Select Committee on In- telligence of the House of Representatives. (Pub. L. 108–458, title I, § 1019, Dec. 17, 2004, 118 Stat. 3671; Pub. L. 116–92, div. E, title LVII, § 5701(b), Dec. 20, 2019, 133 Stat. 2159; Pub. L. 118–159, div. F, title LXIX, § 6901(b), Dec. 23, 2024, 138 Stat. 2516.) Editorial Notes CODIFICATION Section was formerly classified to section 403–1a of this title prior to editorial reclassification and renum- bering as this section. AMENDMENTS 2024—Subsec. (c). Pub. L. 118–159 substituted ‘‘Feb- ruary 1’’ for ‘‘December 1’’. 2019—Subsec. (c). Pub. L. 116–92 substituted ‘‘brief- ings’’ for ‘‘reports’’ in heading and ‘‘provide to the con- gressional intelligence committees, the heads of the relevant elements of the intelligence community, and the heads of analytic training departments a briefing with’’ for ‘‘submit to the congressional intelligence committees, the heads of the relevant elements of the intelligence community, and the heads of analytic training departments a report containing’’ in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE For Determination by President that section take ef- fect 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. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see sec- tion 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. ANNUAL TRAINING REQUIREMENT AND REPORT REGARDING ANALYTIC STANDARDS Pub. L. 117–263, div. F, title LXIII, § 6312, Dec. 23, 2022, 136 Stat. 3510, provided that: ‘‘(a) POLICY FOR TRAINING PROGRAM REQUIRED.—Con- sistent with sections 1019 and 1020 of the Intelligence Reform and Terrorism Prevention Act of 2004 [Pub. L. 108–458] (50 U.S.C. 3364 and 3364 note), the Director of National Intelligence shall issue a policy that requires each head of an element of the intelligence community, that has not already done so, to create, before the date that is 180 days after the date of the enactment of this Act [Dec. 23, 2022], an annual training program on the standards set forth in Intelligence Community Direc- tive 203, Analytic Standards (or successor directive). ‘‘(b) CONDUCT OF TRAINING.—Training required pursu- ant to the policy required by subsection (a) may be con- ducted in conjunction with other required annual train- ing programs conducted by the element of the intel- ligence community concerned. ‘‘(c) CERTIFICATION OF COMPLETION OF TRAINING.— Each year, each head of an element of the intelligence community shall submit to the congressional intel- ligence committees a certification as to whether all of the analysts of that element have completed the train- ing required pursuant to the policy required by sub- section (a) and if the analysts have not, an explanation of why the training has not been completed. ‘‘(d) REPORTS.—