10 May 2002
Source:
http://usinfo.state.gov/cgi-bin/washfile/display.pl?p=/products/washfile/latest&f=02050801.elt&t=/products/washfile/newsitem.shtml
US Department of State
International Information Programs
Washington File
_________________________________
08 May 2002
(Wyden and Graham submit S. 2459 May 6) (2320) The chairman of the Senate Select Committee on Intelligence and a fellow member of that panel have submitted a bill to the Senate that would set up a national Terrorist Identification Classification System (TIC) that would allow various agencies to share information on suspected terrorists and the organizations supporting them. Senator Robert Graham (Democrat of Florida), the chairman of the Senate Select Committee on Intelligence, and Senator Ron Wyden (Democrat of Oregon) co-sponsored S. 2459 May 6. The proposed legislation was referred to the Senate Select Committee on Intelligence, where it will face a markup session May 8. According to the proposed legislation, "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." S. 2459 adds that 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." The bill calls for the 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." S. 2459 would provide that information to "those responsible for protecting our citizenry and Nation against the threat of terrorism at the Federal, State, and local level." The Director of Central Intelligence, who oversees the CIA and intelligence-gathering at the FBI, Department of Defense, National Security Agency and other agencies, would be charged with "ensuring that the list is drawn from every available source in the Intelligence community, and would review the database yearly to make certain it is as complete as possible," according to a May 6 news release from Wyden's office. A key provision of the proposed bill is a requirement that the TIC list be "interoperable, to the maximum extent possible, with the information systems and technologies already in use by law enforcement agencies," according to the news release. Following are the texts of the news release from Senator Wyden's office and the proposed legislation from the Congressional Record: (begin Wyden news release) FOR IMMEDIATE RELEASE May 6, 2002 WYDEN LEGISLATION CALLS FOR TERRORIST TRACKING SYSTEM Database Would Aid Intelligence-Sharing on Terror Suspects, Groups Washington, DC - U.S. Senator Ron Wyden (D-Ore.) today introduced legislation creating a national Terrorist Identification Classification System, or "TIC List," to track and share information about known and suspected international terrorists and terrorist organizations that might threaten United States citizens or interests. Wyden, a member of the Senate Select Committee on Intelligence, proposed the creation of a centralized database comprised of terrorist-related information from the entire U.S. intelligence community and accessible to Federal, State and local law enforcement agencies. The Chair of the Select Committee on Intelligence, Sen. Bob Graham (D-Fla.), is a cosponsor of the bill. "As America strives to win the war on terrorism and prevent future attacks, resources must be pinpointed where they can best be used," said Wyden. "Gathering information is not enough. The TIC List will ensure that information about terrorists is used to its maximum potential to save American lives." Press reports indicate that the U.S. Department of State knew when Mohammed Atta, ringleader of the September 11 attacks, was granted a visa to enter the United States. In the following months, various U.S. agencies were apparently aware that Atta and others were receiving money from known associates of Osama bin Laden and taking flying lessons. However, with little or no information sharing between those agencies and departments, patterns that might have signaled the terrorists attacks were not spotted. Atta and another hijacker were even stopped in separate incidents by Florida and Maryland State Police who were unaware the two were terrorist suspects. Wyden's legislation requires the Director of Central Intelligence (DCI) to establish and maintain a counterterrorism intelligence data system to both store and retrieve the identities and biographic information of known or suspected terrorists, and known or suspected terrorist organizations, and ensure the timely and thorough availability of this information for those responsible for protecting our citizenry and Nation against the threat of terrorism. The DCI, who oversees the CIA and intelligence-gathering at the FBI, Department of Defense, National Security Agency and other agencies, would be charged with ensuring that the list is drawn from every available source in the Intelligence community, and would review the database yearly to make certain it is as complete as possible. A key provision of the Wyden bill is a requirement that the TIC List be interoperable, to the maximum extent possible, with the information systems and technologies already in use by law enforcement agencies. This will increase the ease of both information sharing and information retrieval, and allow intelligence findings to be used as widely as possible across the spectrum of Federal, State and local law enforcement. Agencies that could contribute to or utilize information from the TIC List include the Federal Aviation Administration, the Immigration and Naturalization Service, the FBI, CIA, Customs Department, the Drug Enforcement Agency, as well as State and local police. One year after the passage of the law, the Director of the Office of Homeland Security would be required to report to Congress on the effectiveness of the TIC List in promoting domestic security. The Director's report will certify that the database contains sufficient information, is readily accessible to law enforcement agencies, and is making the maximum contribution possible to homeland security efforts. If the Director cannot make that certification, the Office of Homeland Security must make recommendations for improvement. Wyden's legislation now moves to the full Select Committee on Intelligence for consideration at the May 8 markup of the Intelligence Authorization Bill. Full text of the Wyden legislation can be viewed at wyden.senate.gov. (end text of Wyden news release) (begin text of S. 2459) To provide for a terrorist identification classification system, and for other purposes. Introduced in the Senate S 2459 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. (end text of news release) (Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)