6 Usc 121

§ 121

TITLE 6—DOMESTIC SECURITY

committees not later than 30 days prior to
the finalization of any Department policies,
initiatives, or actions that will have a major
impact on trade and customs revenue functions. Such notifications shall include a description of the proposed policies, initiatives, or actions and any comments or recommendations provided by the Commercial
Operations Advisory Committee and other
relevant groups regarding the proposed policies, initiatives, or actions.
(B) Exception
If the Secretary determines that it is important to the national security interest of
the United States to finalize any Department policies, initiatives, or actions prior to
the consultation described in subparagraph
(A), the Secretary shall—
(i) notify and provide any recommendations of the Commercial Operations Advisory Committee received to the appropriate congressional committees not later
than 45 days after the date on which the
policies, initiatives, or actions are finalized; and
(ii) to the extent appropriate, modify the
policies, initiatives, or actions based upon
the consultations with the appropriate
congressional committees.
(d) Notification of reorganization of customs revenue functions
(1) In general
Not less than 45 days prior to any change in
the organization of any of the customs revenue functions of the Department, the Secretary shall notify the Committee on Appropriations, the Committee on Finance, and the
Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Appropriations, the Committee on
Homeland Security, and the Committee on
Ways and Means of the House of Representatives of the specific assets, functions, or personnel to be transferred as part of such reorganization, and the reason for such transfer. The
notification shall also include—
(A) an explanation of how trade enforcement functions will be impacted by the reorganization;
(B) an explanation of how the reorganization meets the requirements of section 212(b)
of this title that the Department not diminish the customs revenue and trade facilitation functions formerly performed by the
United States Customs Service; and
(C) any comments or recommendations
provided by the Commercial Operations Advisory Committee regarding such reorganization.
(2) Analysis
Any congressional committee referred to in
paragraph (1) may request that the Commercial Operations Advisory Committee provide a
report to the committee analyzing the impact
of the reorganization and providing any recommendations for modifying the reorganization.
(3) Report
Not later than 1 year after any reorganization referred to in paragraph (1) takes place,

Page 16

the Secretary, in consultation with the Commercial Operations Advisory Committee, shall
submit a report to the Committee on Finance
of the Senate and the Committee on Ways and
Means of the House of Representatives. Such
report shall include an assessment of the impact of, and any suggested modifications to,
such reorganization.
(Pub. L. 109–347, title IV, § 401, Oct. 13, 2006, 120
Stat. 1921.)
CODIFICATION
Section was enacted as part of the Security and Accountability For Every Port Act of 2006, also known as
the SAFE Port Act, and not as part of the Homeland
Security Act of 2002 which comprises this chapter.
DEFINITIONS
For definitions of terms used in this section, see section 901 of this title.

SUBCHAPTER II—INFORMATION ANALYSIS
AND INFRASTRUCTURE PROTECTION
PART A—INFORMATION AND ANALYSIS AND INFRASTRUCTURE PROTECTION; ACCESS TO INFORMATION

AMENDMENTS
2007—Pub. L. 110–53, title V, § 531(b)(3), Aug. 3, 2007, 121
Stat. 334, substituted ‘‘Information and’’ for ‘‘Directorate for Information’’ in part heading.

§ 121. Information and Analysis and Infrastructure Protection
(a) Intelligence and analysis and infrastructure
protection
There shall be in the Department an Office of
Intelligence and Analysis and an Office of Infrastructure Protection.
(b) Under Secretary for Intelligence and Analysis
and Assistant Secretary for Infrastructure
Protection
(1) Office of Intelligence and Analysis
The Office of Intelligence and Analysis shall
be headed by an Under Secretary for Intelligence and Analysis, who shall be appointed
by the President, by and with the advice and
consent of the Senate.
(2) Chief Intelligence Officer
The Under Secretary for Intelligence and
Analysis shall serve as the Chief Intelligence
Officer of the Department.
(3) Office of Infrastructure Protection
The Office of Infrastructure Protection shall
be headed by an Assistant Secretary for Infrastructure Protection, who shall be appointed
by the President.
(c) Discharge of responsibilities
The Secretary shall ensure that the responsibilities of the Department relating to information analysis and infrastructure protection, including those described in subsection (d), are
carried out through the Under Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate.

Page 17

TITLE 6—DOMESTIC SECURITY

(d) Responsibilities of Secretary relating to intelligence and analysis and infrastructure protection
The responsibilities of the Secretary relating
to intelligence and analysis and infrastructure
protection shall be as follows:
(1) To access, receive, and analyze law enforcement information, intelligence information, and other information from agencies of
the Federal Government, State and local government agencies (including law enforcement
agencies), and private sector entities, and to
integrate such information, in support of the
mission responsibilities of the Department and
the functions of the National Counterterrorism Center established under section 119
of the National Security Act of 1947 (50 U.S.C.
404o), in order to—
(A) identify and assess the nature and
scope of terrorist threats to the homeland;
(B) detect and identify threats of terrorism against the United States; and
(C) understand such threats in light of actual and potential vulnerabilities of the
homeland.
(2) To carry out comprehensive assessments
of the vulnerabilities of the key resources and
critical infrastructure of the United States,
including the performance of risk assessments
to determine the risks posed by particular
types of terrorist attacks within the United
States (including an assessment of the probability of success of such attacks and the feasibility and potential efficacy of various countermeasures to such attacks).
(3) To integrate relevant information, analysis, and vulnerability assessments (regardless
of whether such information, analysis or assessments are provided by or produced by the
Department) in order to—
(A) identify priorities for protective and
support measures regarding terrorist and
other threats to homeland security by the
Department, other agencies of the Federal
Government, State, and local government
agencies and authorities, the private sector,
and other entities; and
(B) prepare finished intelligence and information products in both classified and unclassified formats, as appropriate, whenever
reasonably expected to be of benefit to a
State, local, or tribal government (including
a State, local, or tribal law enforcement
agency) or a private sector entity.
(4) To ensure, pursuant to section 122 of this
title, the timely and efficient access by the
Department to all information necessary to
discharge the responsibilities under this section, including obtaining such information
from other agencies of the Federal Government.
(5) To develop a comprehensive national plan
for securing the key resources and critical infrastructure of the United States, including
power production, generation, and distribution
systems, information technology and telecommunications systems (including satellites), electronic financial and property
record storage and transmission systems,
emergency preparedness communications sys-

§ 121

tems, and the physical and technological assets that support such systems.
(6) To recommend measures necessary to
protect the key resources and critical infrastructure of the United States in coordination
with other agencies of the Federal Government and in cooperation with State and local
government agencies and authorities, the private sector, and other entities.
(7) To review, analyze, and make recommendations for improvements to the policies
and procedures governing the sharing of information within the scope of the information
sharing environment established under section
485 of this title, including homeland security
information, terrorism information, and weapons of mass destruction information, and any
policies, guidelines, procedures, instructions,
or standards established under that section.
(8) To disseminate, as appropriate, information analyzed by the Department within the
Department, to other agencies of the Federal
Government with responsibilities relating to
homeland security, and to agencies of State
and local governments and private sector entities with such responsibilities in order to assist in the deterrence, prevention, preemption
of, or response to, terrorist attacks against
the United States.
(9) To consult with the Director of National
Intelligence and other appropriate intelligence, law enforcement, or other elements of
the Federal Government to establish collection priorities and strategies for information,
including law enforcement-related information, relating to threats of terrorism against
the United States through such means as the
representation of the Department in discussions regarding requirements and priorities in
the collection of such information.
(10) To consult with State and local governments and private sector entities to ensure appropriate exchanges of information, including
law enforcement-related information, relating
to threats of terrorism against the United
States.
(11) To ensure that—
(A) any material received pursuant to this
chapter is protected from unauthorized disclosure and handled and used only for the
performance of official duties; and
(B) any intelligence information under
this chapter is shared, retained, and disseminated consistent with the authority of the
Director of National Intelligence to protect
intelligence sources and methods under the
National Security Act of 1947 (50 U.S.C. 401
et seq.) and related procedures and, as appropriate, similar authorities of the Attorney
General concerning sensitive law enforcement information.
(12) To request additional information from
other agencies of the Federal Government,
State and local government agencies, and the
private sector relating to threats of terrorism
in the United States, or relating to other areas
of responsibility assigned by the Secretary, including the entry into cooperative agreements
through the Secretary to obtain such information.
(13) To establish and utilize, in conjunction
with the chief information officer of the De-

§ 121

TITLE 6—DOMESTIC SECURITY

partment, a secure communications and information technology infrastructure, including
data-mining and other advanced analytical
tools, in order to access, receive, and analyze
data and information in furtherance of the responsibilities under this section, and to disseminate information acquired and analyzed
by the Department, as appropriate.
(14) To ensure, in conjunction with the chief
information officer of the Department, that
any information databases and analytical
tools developed or utilized by the Department—
(A) are compatible with one another and
with relevant information databases of other
agencies of the Federal Government; and
(B) treat information in such databases in
a manner that complies with applicable Federal law on privacy.
(15) To coordinate training and other support to the elements and personnel of the Department, other agencies of the Federal Government, and State and local governments
that provide information to the Department,
or are consumers of information provided by
the Department, in order to facilitate the
identification and sharing of information revealed in their ordinary duties and the optimal utilization of information received from
the Department.
(16) To coordinate with elements of the intelligence community and with Federal, State,
and local law enforcement agencies, and the
private sector, as appropriate.
(17) To provide intelligence and information
analysis and support to other elements of the
Department.
(18) To coordinate and enhance integration
among the intelligence components of the Department, including through strategic oversight of the intelligence activities of such
components.
(19) To establish the intelligence collection,
processing, analysis, and dissemination priorities, policies, processes, standards, guidelines,
and procedures for the intelligence components of the Department, consistent with any
directions from the President and, as applicable, the Director of National Intelligence.
(20) To establish a structure and process to
support the missions and goals of the intelligence components of the Department.
(21) To ensure that, whenever possible, the
Department—
(A) produces and disseminates unclassified
reports and analytic products based on opensource information; and
(B) produces and disseminates such reports
and analytic products contemporaneously
with reports or analytic products concerning
the same or similar information that the Department produced and disseminated in a
classified format.
(22) To establish within the Office of Intelligence and Analysis an internal continuity of
operations plan.
(23) Based on intelligence priorities set by
the President, and guidance from the Secretary and, as appropriate, the Director of National Intelligence—

Page 18

(A) to provide to the heads of each intelligence component of the Department guidance for developing the budget pertaining to
the activities of such component; and
(B) to present to the Secretary a recommendation for a consolidated budget for the
intelligence components of the Department,
together with any comments from the heads
of such components.
(24) To perform such other duties relating to
such responsibilities as the Secretary may
provide.
(25) To prepare and submit to the Committee
on Homeland Security and Governmental Affairs of the Senate and the Committee on
Homeland Security in the House of Representatives, and to other appropriate congressional
committees having jurisdiction over the critical infrastructure or key resources, for each
sector identified in the National Infrastructure Protection Plan, a report on the comprehensive assessments carried out by the Secretary of the critical infrastructure and key
resources of the United States, evaluating
threat, vulnerability, and consequence, as required under this subsection. Each such report—
(A) shall contain, if applicable, actions or
countermeasures recommended or taken by
the Secretary or the head of another Federal
agency to address issues identified in the assessments;
(B) shall be required for fiscal year 2007
and each subsequent fiscal year and shall be
submitted not later than 35 days after the
last day of the fiscal year covered by the report; and
(C) may be classified.
(e) Staff
(1) In general
The Secretary shall provide the Office of Intelligence and Analysis and the Office of Infrastructure Protection with a staff of analysts
having appropriate expertise and experience to
assist such offices in discharging responsibilities under this section.
(2) Private sector analysts
Analysts under this subsection may include
analysts from the private sector.
(3) Security clearances
Analysts under this subsection shall possess
security clearances appropriate for their work
under this section.
(f) Detail of personnel
(1) In general
In order to assist the Office of Intelligence
and Analysis and the Office of Infrastructure
Protection in discharging responsibilities
under this section, personnel of the agencies
referred to in paragraph (2) may be detailed to
the Department for the performance of analytic functions and related duties.
(2) Covered agencies
The agencies referred to in this paragraph
are as follows:
(A) The Department of State.
(B) The Central Intelligence Agency.

Page 19

§ 121

TITLE 6—DOMESTIC SECURITY

(C) The Federal Bureau of Investigation.
(D) The National Security Agency.
(E) The National Geospatial-Intelligence
Agency.
(F) The Defense Intelligence Agency.
(G) Any other agency of the Federal Government that the President considers appropriate.
(3) Cooperative agreements
The Secretary and the head of the agency
concerned may enter into cooperative agreements for the purpose of detailing personnel
under this subsection.
(4) Basis
The detail of personnel under this subsection
may be on a reimbursable or non-reimbursable
basis.
(g) Functions transferred
In accordance with subchapter XII of this
chapter, there shall be transferred to the Secretary, for assignment to the Office of Intelligence and Analysis and the Office of Infrastructure Protection under this section, the
functions, personnel, assets, and liabilities of
the following:
(1) The National Infrastructure Protection
Center of the Federal Bureau of Investigation
(other than the Computer Investigations and
Operations Section), including the functions of
the Attorney General relating thereto.
(2) The National Communications System of
the Department of Defense, including the
functions of the Secretary of Defense relating
thereto.
(3) The Critical Infrastructure Assurance Office of the Department of Commerce, including the functions of the Secretary of Commerce relating thereto.
(4) The National Infrastructure Simulation
and Analysis Center of the Department of Energy and the energy security and assurance
program and activities of the Department, including the functions of the Secretary of Energy relating thereto.
(5) The Federal Computer Incident Response
Center of the General Services Administration, including the functions of the Administrator of General Services relating thereto.
(Pub. L. 107–296, title II, § 201, Nov. 25, 2002, 116
Stat. 2145; Pub. L. 110–53, title V, §§ 501(a)(2)(A),
(b), 531(a), title X, § 1002(a), Aug. 3, 2007, 121 Stat.
309, 332, 374; Pub. L. 110–417, [div. A], title IX,
§ 931(b)(5), Oct. 14, 2008, 122 Stat. 4575; Pub. L.
111–84, div. A, title X, § 1073(c)(9), Oct. 28, 2009,
123 Stat. 2475; Pub. L. 111–258, § 5(b)(1), Oct. 7,
2010, 124 Stat. 2650.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (d)(11), was in the
original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25,
2002, 116 Stat. 2135, known as the Homeland Security
Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code,
see Short Title note set out under section 101 of this
title and Tables.
The National Security Act of 1947, referred to in subsec. (d)(11)(B), is act July 26, 1947, ch. 343, 61 Stat. 495,
as amended. For complete classification of this Act to
the Code, see Short Title note set out under section 401
of Title 50, War and National Defense, and Tables.

CODIFICATION
Section is comprised of section 201 of Pub. L. 107–296.
Subsec. (h) of section 201 of Pub. L. 107–296 amended
section 401a of Title 50, War and National Defense.
AMENDMENTS
2010—Subsec. (d)(3). Pub. L. 111–258 amended par. (3)
generally. Prior to amendment, par. (3) read as follows:
‘‘To integrate relevant information, analyses, and vulnerability assessments (whether such information,
analyses, or assessments are provided or produced by
the Department or others) in order to identify priorities for protective and support measures by the Department, other agencies of the Federal Government,
State and local government agencies and authorities,
the private sector, and other entities.’’
2009—Subsec. (f)(2)(E). Pub. L. 111–84 made technical
amendment to directory language of Pub. L. 110–417.
See 2008 amendment note below.
2008—Subsec. (f)(2)(E). Pub. L. 110–417, § 931(b)(5), as
amended by Pub. L. 111–84, substituted ‘‘National Geospatial-Intelligence Agency’’ for ‘‘National Imagery
and Mapping Agency’’.
2007—Pub. L. 110–53, § 531(a)(1), substituted ‘‘Information and’’ for ‘‘Directorate for Information’’ in section
catchline.
Subsecs. (a) to (c). Pub. L. 110–53, § 531(a)(2), added
subsecs. (a) to (c) and struck out former subsecs. (a) to
(c) which related to, in subsec. (a), establishment and
responsibilities of Directorate for Information Analysis
and Infrastructure Protection, in subsec. (b), positions
of Assistant Secretary for Information Analysis and
Assistant Secretary for Infrastructure Protection, and,
in subsec. (c), Secretary’s duty to ensure that responsibilities regarding information analysis and infrastructure protection would be carried out through the
Under Secretary for Information Analysis and Infrastructure Protection.
Subsec. (d). Pub. L. 110–53, § 531(a)(3), substituted
‘‘Secretary relating to intelligence and analysis and infrastructure protection’’ for ‘‘Under Secretary’’ in
heading and ‘‘The responsibilities of the Secretary relating to intelligence and analysis and infrastructure
protection’’ for ‘‘Subject to the direction and control of
the Secretary, the responsibilities of the Under Secretary for Information Analysis and Infrastructure
Protection’’ in introductory provisions.
Subsec. (d)(1). Pub. L. 110–53, § 501(b)(1), inserted ‘‘, in
support of the mission responsibilities of the Department and the functions of the National Counterterrorism Center established under section 119 of the
National Security Act of 1947 (50 U.S.C. 404o),’’ after ‘‘to
integrate such information’’ in introductory provisions.
Subsec. (d)(7). Pub. L. 110–53, § 501(b)(2), added par. (7)
and struck out former par. (7) which read as follows:
‘‘To review, analyze, and make recommendations for
improvements in the policies and procedures governing
the sharing of law enforcement information, intelligence information, intelligence-related information,
and other information relating to homeland security
within the Federal Government and between the Federal Government and State and local government agencies and authorities.’’
Pub. L. 110–53, § 501(a)(2)(A), redesignated par. (8) as
(7) and struck out former par. (7) which read as follows:
‘‘To administer the Homeland Security Advisory System, including—
‘‘(A) exercising primary responsibility for public
advisories related to threats to homeland security;
and
‘‘(B) in coordination with other agencies of the Federal Government, providing specific warning information, and advice about appropriate protective measures and countermeasures, to State and local government agencies and authorities, the private sector,
other entities, and the public.’’
Subsec. (d)(8). Pub. L. 110–53, § 501(a)(2)(A)(ii), redesignated par. (9) as (8). Former par. (8) redesignated (7).

§ 121

TITLE 6—DOMESTIC SECURITY

Subsec. (d)(9). Pub. L. 110–53, § 531(a)(3)(C), substituted
‘‘Director of National Intelligence’’ for ‘‘Director of
Central Intelligence’’.
Pub. L. 110–53, § 501(a)(2)(A)(ii), redesignated par. (10)
as (9). Former par. (9) redesignated (8).
Subsec. (d)(10). Pub. L. 110–53, § 501(a)(2)(A)(ii), redesignated par. (11) as (10). Former par. (10) redesignated
(9).
Subsec. (d)(11). Pub. L. 110–53, § 501(a)(2)(A)(ii), redesignated par. (12) as (11). Former par. (11) redesignated
(10).
Subsec. (d)(11)(B). Pub. L. 110–53, § 531(a)(3)(D), substituted ‘‘Director of National Intelligence’’ for ‘‘Director of Central Intelligence’’.
Subsec. (d)(12) to (17). Pub. L. 110–53, § 501(a)(2)(A)(ii),
redesignated pars. (13) to (18) as (12) to (17), respectively. Former par. (12) redesignated (11).
Subsec. (d)(18). Pub. L. 110–53, § 531(a)(3)(E), (F), added
par. (18) and redesignated former par. (18) as (24).
Pub. L. 110–53, § 501(a)(2)(A)(ii), redesignated par. (19)
as (18). Former par. (18) redesignated (17).
Subsec. (d)(19). Pub. L. 110–53, § 531(a)(3)(F), added par.
(19).
Pub. L. 110–53, § 501(a)(2)(A)(ii), redesignated par. (19)
as (18).
Subsec. (d)(20) to (23). Pub. L. 110–53, § 531(a)(3)(F),
added pars. (20) to (23).
Subsec. (d)(24). Pub. L. 110–53, § 531(a)(3)(E), redesignated par. (18) as (24).
Subsec. (d)(25). Pub. L. 110–53, § 1002(a), added par. (25).
Subsec. (e)(1). Pub. L. 110–53, § 531(a)(4), substituted
‘‘provide the Office of Intelligence and Analysis and the
Office of Infrastructure Protection’’ for ‘‘provide the
Directorate’’ and ‘‘assist such offices in discharging’’
for ‘‘assist the Directorate in discharging’’.
Subsec. (f)(1). Pub. L. 110–53, § 531(a)(5), substituted
‘‘Office of Intelligence and Analysis and the Office of
Infrastructure Protection’’ for ‘‘Directorate’’.
Subsec. (g). Pub. L. 110–53, § 531(a)(6), substituted ‘‘Office of Intelligence and Analysis and the Office of Infrastructure Protection’’ for ‘‘Under Secretary for Information Analysis and Infrastructure Protection’’ in introductory provisions.
EFFECTIVE DATE OF 2009 AMENDMENT
Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009,
123 Stat. 2474, provided that the amendment by section
1073(c)(9) is effective as of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.
REGULATIONS
Pub. L. 109–295, title V, § 550, Oct. 4, 2006, 120 Stat.
1388, as amended by Pub. L. 110–161, div. E, title V, § 534,
Dec. 26, 2007, 121 Stat. 2075; Pub. L. 111–83, title V, § 550,
Oct. 28, 2009, 123 Stat. 2177, provided that:
‘‘(a) No later than six months after the date of enactment of this Act [Oct. 4, 2006], the Secretary of Homeland Security shall issue interim final regulations establishing risk-based performance standards for security of chemical facilities and requiring vulnerability
assessments and the development and implementation
of site security plans for chemical facilities: Provided,
That such regulations shall apply to chemical facilities
that, in the discretion of the Secretary, present high
levels of security risk: Provided further, That such regulations shall permit each such facility, in developing
and implementing site security plans, to select layered
security measures that, in combination, appropriately
address the vulnerability assessment and the risk-based
performance standards for security for the facility: Provided further, That the Secretary may not disapprove a
site security plan submitted under this section based
on the presence or absence of a particular security
measure, but the Secretary may disapprove a site security plan if the plan fails to satisfy the risk-based performance standards established by this section: Provided further, That the Secretary may approve alternative security programs established by private sector
entities, Federal, State, or local authorities, or other

Page 20

applicable laws if the Secretary determines that the requirements of such programs meet the requirements of
this section and the interim regulations: Provided further, That the Secretary shall review and approve each
vulnerability assessment and site security plan required under this section: Provided further, That the
Secretary shall not apply regulations issued pursuant
to this section to facilities regulated pursuant to the
Maritime Transportation Security Act of 2002, Public
Law 107–295, as amended [see Tables for classification];
Public Water Systems, as defined by section 1401 of the
Safe Drinking Water Act, Public Law 93–523, as amended [42 U.S.C. 300f]; Treatment Works as defined in section 212 of the Federal Water Pollution Control Act,
Public Law 92–500, as amended [33 U.S.C. 1292]; any facility owned or operated by the Department of Defense
or the Department of Energy, or any facility subject to
regulation by the Nuclear Regulatory Commission.
‘‘(b) Interim regulations issued under this section
shall apply until the effective date of interim or final
regulations promulgated under other laws that establish requirements and standards referred to in subsection (a) and expressly supersede this section: Provided, That the authority provided by this section shall
terminate on October 4, 2010.
‘‘(c) Notwithstanding any other provision of law and
subsection (b), information developed under this section, including vulnerability assessments, site security
plans, and other security related information, records,
and documents shall be given protections from public
disclosure consistent with similar information developed by chemical facilities subject to regulation under
section 70103 of title 46, United States Code: Provided,
That this subsection does not prohibit the sharing of
such information, as the Secretary deems appropriate,
with State and local government officials possessing
the necessary security clearances, including law enforcement officials and first responders, for the purpose
of carrying out this section, provided that such information may not be disclosed pursuant to any State or
local law: Provided further, That in any proceeding to
enforce this section, vulnerability assessments, site security plans, and other information submitted to or obtained by the Secretary under this section, and related
vulnerability or security information, shall be treated
as if the information were classified material.
‘‘(d) Any person who violates an order issued under
this section shall be liable for a civil penalty under section 70119(a) of title 46, United States Code: Provided,
That nothing in this section confers upon any person
except the Secretary a right of action against an owner
or operator of a chemical facility to enforce any provision of this section.
‘‘(e) The Secretary of Homeland Security shall audit
and inspect chemical facilities for the purposes of determining compliance with the regulations issued pursuant to this section.
‘‘(f) Nothing in this section shall be construed to supersede, amend, alter, or affect any Federal law that
regulates the manufacture, distribution in commerce,
use, sale, other treatment, or disposal of chemical substances or mixtures.
‘‘(g) If the Secretary determines that a chemical facility is not in compliance with this section, the Secretary shall provide the owner or operator with written
notification (including a clear explanation of deficiencies in the vulnerability assessment and site security plan) and opportunity for consultation, and issue
an order to comply by such date as the Secretary determines to be appropriate under the circumstances: Provided, That if the owner or operator continues to be in
noncompliance, the Secretary may issue an order for
the facility to cease operation, until the owner or operator complies with the order.
‘‘(h) This section shall not preclude or deny any right
of any State or political subdivision thereof to adopt or
enforce any regulation, requirement, or standard of
performance with respect to chemical facility security
that is more stringent than a regulation, requirement,
or standard of performance issued under this section, or

Page 21

TITLE 6—DOMESTIC SECURITY

otherwise impair any right or jurisdiction of any State
with respect to chemical facilities within that State,
unless there is an actual conflict between this section
and the law of that State.’’
CYBERSECURITY OVERSIGHT
Pub. L. 111–259, title III, § 336, Oct. 7, 2010, 124 Stat.
2689, provided that:
‘‘(a) NOTIFICATION OF CYBERSECURITY PROGRAMS.—
‘‘(1) REQUIREMENT FOR NOTIFICATION.—
‘‘(A) EXISTING PROGRAMS.—Not later than 30 days
after the date of the enactment of this Act [Oct. 7,
2010], the President shall submit to Congress a notification for each cybersecurity program in operation on such date that includes the documentation
referred to in subparagraphs (A) through (F) of
paragraph (2).
‘‘(B) NEW PROGRAMS.—Not later than 30 days after
the date of the commencement of operations of a
new cybersecurity program, the President shall
submit to Congress a notification of such commencement that includes the documentation referred to in subparagraphs (A) through (F) of paragraph (2).
‘‘(2) DOCUMENTATION.—A notification required by
paragraph (1) for a cybersecurity program shall include—
‘‘(A) the legal basis for the cybersecurity program;
‘‘(B) the certification, if any, made pursuant to
section 2511(2)(a)(ii)(B) of title 18, United States
Code, or other statutory certification of legality for
the cybersecurity program;
‘‘(C) the concept for the operation of the
cybersecurity program that is approved by the head
of the appropriate department or agency of the
United States;
‘‘(D) the assessment, if any, of the privacy impact
of the cybersecurity program prepared by the privacy or civil liberties protection officer or comparable officer of such department or agency;
‘‘(E) the plan, if any, for independent audit or review of the cybersecurity program to be carried out
by the head of such department or agency, in conjunction with the appropriate inspector general;
and
‘‘(F) recommendations, if any, for legislation to
improve the capabilities of the United States Government to protect the cybersecurity of the United
States.
‘‘(b) PROGRAM REPORTS.—
‘‘(1) REQUIREMENT FOR REPORTS.—The head of a department or agency of the United States with responsibility for a cybersecurity program for which a notification was submitted under subsection (a), in consultation with the inspector general for that department or agency, shall submit to Congress and the
President a report on such cybersecurity program
that includes—
‘‘(A) the results of any audit or review of the
cybersecurity program carried out under the plan
referred to in subsection (a)(2)(E), if any; and
‘‘(B) an assessment of whether the implementation of the cybersecurity program—
‘‘(i) is in compliance with—
‘‘(I) the legal basis referred to in subsection
(a)(2)(A); and
‘‘(II) an assessment referred to in subsection
(a)(2)(D), if any;
‘‘(ii) is adequately described by the concept of
operation referred to in subsection (a)(2)(C); and
‘‘(iii) includes an adequate independent audit or
review system and whether improvements to such
independent audit or review system are necessary.
‘‘(2) SCHEDULE FOR SUBMISSION OF REPORTS.—
‘‘(A) EXISTING PROGRAMS.—Not later than 180 days
after the date of the enactment of this Act [Oct. 7,
2010], and annually thereafter, the head of a department or agency of the United States with respon-

§ 121

sibility for a cybersecurity program for which a notification is required to be submitted under subsection (a)(1)(A) shall submit a report required
under paragraph (1).
‘‘(B) NEW PROGRAMS.—Not later than 120 days
after the date on which a certification is submitted
under subsection (a)(1)(B), and annually thereafter,
the head of a department or agency of the United
States with responsibility for the cybersecurity
program for which such certification is submitted
shall submit a report required under paragraph (1).
‘‘(3) COOPERATION AND COORDINATION.—
‘‘(A) COOPERATION.—The head of each department
or agency of the United States required to submit
a report under paragraph (1) for a particular
cybersecurity program, and the inspector general of
each such department or agency, shall, to the extent practicable, work in conjunction with any
other such head or inspector general required to
submit such a report for such cybersecurity program.
‘‘(B) COORDINATION.—The heads of all of the departments and agencies of the United States required to submit a report under paragraph (1) for a
particular cybersecurity program shall designate
one such head to coordinate the conduct of the reports on such program.
‘‘(c) INFORMATION SHARING REPORT.—Not later than
one year after the date of the enactment of this Act
[Oct. 7, 2010], the Inspector General of the Department
of Homeland Security and the Inspector General of the
Intelligence Community shall jointly submit to Congress and the President a report on the status of the
sharing of cyber-threat information, including—
‘‘(1) a description of how cyber-threat intelligence
information, including classified information, is
shared among the agencies and departments of the
United States and with persons responsible for critical infrastructure;
‘‘(2) a description of the mechanisms by which classified cyber-threat information is distributed;
‘‘(3) an assessment of the effectiveness of cyberthreat information sharing and distribution; and
‘‘(4) any other matters identified by either Inspector General that would help to fully inform Congress
or the President regarding the effectiveness and legality of cybersecurity programs.
‘‘(d) PERSONNEL DETAILS.—
‘‘(1) AUTHORITY TO DETAIL.—Notwithstanding any
other provision of law, the head of an element of the
intelligence community that is funded through the
National Intelligence Program may detail an officer
or employee of such element to the National Cyber
Investigative Joint Task Force or to the Department
of Homeland Security to assist the Task Force or the
Department with cybersecurity, as jointly agreed by
the head of such element and the Task Force or the
Department.
‘‘(2) BASIS FOR DETAIL.—A personnel detail made
under paragraph (1) may be made—
‘‘(A) for a period of not more than three years;
and
‘‘(B) on a reimbursable or nonreimbursable basis.
‘‘(e) ADDITIONAL PLAN.—Not later than 180 days after
the date of the enactment of this Act [Oct. 7, 2010], the
Director of National Intelligence shall submit to Congress a plan for recruiting, retaining, and training a
highly-qualified cybersecurity intelligence community
workforce to secure the networks of the intelligence
community. Such plan shall include—
‘‘(1) an assessment of the capabilities of the current
workforce;
‘‘(2) an examination of issues of recruiting, retention, and the professional development of such workforce, including the possibility of providing retention
bonuses or other forms of compensation;
‘‘(3) an assessment of the benefits of outreach and
training with both private industry and academic institutions with respect to such workforce;
‘‘(4) an assessment of the impact of the establishment of the Department of Defense Cyber Command
on such workforce;

§ 121

TITLE 6—DOMESTIC SECURITY

‘‘(5) an examination of best practices for making
the intelligence community workforce aware of
cybersecurity best practices and principles; and
‘‘(6) strategies for addressing such other matters as
the Director of National Intelligence considers necessary to the cybersecurity of the intelligence community.
‘‘(f) REPORT ON GUIDELINES AND LEGISLATION TO IMPROVE CYBERSECURITY OF THE UNITED STATES.—
‘‘(1) INITIAL.—Not later than one year after the date
of the enactment of this Act [Oct. 7, 2010], the Director of National Intelligence, in coordination with the
Attorney General, the Director of the National Security Agency, the White House Cybersecurity Coordinator, and any other officials the Director of National Intelligence considers appropriate, shall submit to Congress a report containing guidelines or legislative recommendations, if appropriate, to improve
the capabilities of the intelligence community and
law
enforcement
agencies
to
protect
the
cybersecurity of the United States. Such report shall
include guidelines or legislative recommendations
on—
‘‘(A) improving the ability of the intelligence
community to detect hostile actions and attribute
attacks to specific parties;
‘‘(B) the need for data retention requirements to
assist the intelligence community and law enforcement agencies;
‘‘(C) improving the ability of the intelligence
community to anticipate nontraditional targets of
foreign intelligence services; and
‘‘(D) the adequacy of existing criminal statutes to
successfully deter cyber attacks, including statutes
criminalizing the facilitation of criminal acts, the
scope of laws for which a cyber crime constitutes a
predicate offense, trespassing statutes, data breach
notification requirements, and victim restitution
statutes.
‘‘(2) SUBSEQUENT.—Not later than one year after the
date on which the initial report is submitted under
paragraph (1), and annually thereafter for two years,
the Director of National Intelligence, in consultation
with the Attorney General, the Director of the National
Security
Agency,
the
White
House
Cybersecurity Coordinator, and any other officials
the Director of National Intelligence considers appropriate, shall submit to Congress an update of the report required under paragraph (1).
‘‘(g) SUNSET.—The requirements and authorities of
subsections (a) through (e) shall terminate on December 31, 2013.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1)
CYBERSECURITY
PROGRAM.—The
term
‘cybersecurity program’ means a class or collection
of similar cybersecurity operations of a department
or agency of the United States that involves personally identifiable data that is—
‘‘(A) screened by a cybersecurity system outside
of the department or agency of the United States
that was the intended recipient of the personally
identifiable data;
‘‘(B) transferred, for the purpose of cybersecurity,
outside the department or agency of the United
States that was the intended recipient of the personally identifiable data; or
‘‘(C) transferred, for the purpose of cybersecurity,
to an element of the intelligence community.
‘‘(2) NATIONAL CYBER INVESTIGATIVE JOINT TASK
FORCE.—The term ‘National Cyber Investigative Joint
Task Force’ means the multiagency cyber investigation coordination organization overseen by the Director of the Federal Bureau of Investigation known as
the National Cyber Investigative Joint Task Force
that coordinates, integrates, and provides pertinent
information related to cybersecurity investigations.
‘‘(3) CRITICAL INFRASTRUCTURE.—The term ‘critical
infrastructure’ has the meaning given that term in
section 1016 of the USA PATRIOT Act (42 U.S.C.
5195c).’’

Page 22

[For definition of ‘‘intelligence community’’ as used
in section 336 of Pub. L. 111–259, set out above, see section 2 of Pub. L. 111–259, set out as a note under section
401a of Title 50, War and National Defense.]
TREATMENT OF INCUMBENT UNDER SECRETARY FOR
INTELLIGENCE AND ANALYSIS
Pub. L. 110–53, title V, § 531(c), Aug. 3, 2007, 121 Stat.
335, provided that: ‘‘The individual administratively
performing the duties of the Under Secretary for Intelligence and Analysis as of the date of the enactment of
this Act [Aug. 3, 2007] may continue to perform such
duties after the date on which the President nominates
an individual to serve as the Under Secretary pursuant
to section 201 of the Homeland Security Act of 2002 [6
U.S.C. 121], as amended by this section, and until the
individual so appointed assumes the duties of the position.’’
REPORTS TO BE SUBMITTED TO CERTAIN COMMITTEES
Pub. L. 110–53, title XXIV, § 2403, Aug. 3, 2007, 121 Stat.
547, provided that: ‘‘The Committee on Commerce,
Science, and Transportation of the Senate shall receive
the reports required by the following provisions of law
in the same manner and to the same extent that the reports are to be received by the Committee on Homeland
Security and Governmental Affairs of the Senate:
‘‘(1) Section 1016(j)(1) of the Intelligence Reform
and Terrorist [Terrorism] Prevention Act of 2004 (6
U.S.C. 485(j)(1)).
‘‘(2) Section 511(d) of this Act [121 Stat. 323].
‘‘(3) Subsection (a)(3)(D) of section 2022 of the
Homeland Security Act of 2002 [6 U.S.C. 612(a)(3)(D)],
as added by section 101 of this Act.
‘‘(4) Section 7215(d) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 123(d)).
‘‘(5) Section 7209(b)(1)(C) of the Intelligence Reform
and Terrorism Prevention Act of 2004 [Pub. L. 108–458]
(8 U.S.C. 1185 note).
‘‘(6) Section 804(c) of this Act [42 U.S.C. 2000ee–3(c)].
‘‘(7) Section 901(b) of this Act [121 Stat. 370].
‘‘(8) Section 1002(a) of this Act [amending this section].
‘‘(9) Title III of this Act [enacting sections 579 and
580 of this title and amending sections 194 and 572 of
this title].’’
SECURITY MANAGEMENT SYSTEMS DEMONSTRATION
PROJECT
Pub. L. 110–53, title XXIV, § 2404, Aug. 3, 2007, 121 Stat.
548, provided that:
‘‘(a) DEMONSTRATION PROJECT REQUIRED.—Not later
than 120 days after the date of enactment of this Act
[Aug. 3, 2007], the Secretary of Homeland Security
shall—
‘‘(1) establish a demonstration project to conduct
demonstrations of security management systems
that—
‘‘(A) shall use a management system standards
approach; and
‘‘(B) may be integrated into quality, safety, environmental and other internationally adopted management systems; and
‘‘(2) enter into one or more agreements with a private sector entity to conduct such demonstrations of
security management systems.
‘‘(b) SECURITY MANAGEMENT SYSTEM DEFINED.—In
this section, the term ‘security management system’
means a set of guidelines that address the security assessment needs of critical infrastructure and key resources that are consistent with a set of generally accepted management standards ratified and adopted by
a standards making body.’’
EX. ORD. NO. 13231. CRITICAL INFRASTRUCTURE
PROTECTION IN THE INFORMATION AGE
Ex. Ord. No. 13231, Oct. 16, 2001, 66 F.R. 53063, as
amended by Ex. Ord. No. 13284, § 2, Jan. 23, 2003, 68 F.R.
4075; Ex. Ord. No. 13286, § 7, Feb. 28, 2003, 68 F.R. 10620;

Page 23

TITLE 6—DOMESTIC SECURITY

Ex. Ord. No. 13385, § 5, Sept. 29, 2005, 70 F.R. 57990, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to ensure protection of information systems for critical infrastructure, including
emergency preparedness communications and the physical assets that support such systems, in the information age, it is hereby ordered as follows:
SECTION 1. Policy. The information technology revolution has changed the way business is transacted, government operates, and national defense is conducted.
Those three functions now depend on an interdependent
network of critical information infrastructures. It is
the policy of the United States to protect against disruption of the operation of information systems for
critical infrastructure and thereby help to protect the
people, economy, essential human and government
services, and national security of the United States,
and to ensure that any disruptions that occur are infrequent, of minimal duration, and manageable, and cause
the least damage possible. The implementation of this
policy shall include a voluntary public-private partnership, involving corporate and nongovernmental organizations.
SEC. 2. Continuing Authorities. This order does not
alter the existing authorities or roles of United States
Government departments and agencies. Authorities set
forth in 44 U.S.C. chapter 35, and other applicable law,
provide senior officials with responsibility for the security of Federal Government information systems.
(a) Executive Branch Information Systems Security.
The Director of the Office of Management and Budget
(OMB) has the responsibility to develop and oversee the
implementation of government-wide policies, principles, standards, and guidelines for the security of information systems that support the executive branch
departments and agencies, except those noted in section 2(b) of this order. The Director of OMB shall advise
the President and the appropriate department or agency head when there is a critical deficiency in the security practices within the purview of this section in an
executive branch department or agency.
(b) National Security Information Systems. The Secretary of Defense and the Director of Central Intelligence (DCI) shall have responsibility to oversee, develop, and ensure implementation of policies, principles, standards, and guidelines for the security of information systems that support the operations under
their respective control. In consultation with the Assistant to the President for National Security Affairs
and the affected departments and agencies, the Secretary of Defense and the DCI shall develop policies,
principles, standards, and guidelines for the security of
national security information systems that support the
operations of other executive branch departments and
agencies with national security information.
(i) Policies, principles, standards, and guidelines developed under this subsection may require more
stringent protection than those developed in accordance with section 2(a) of this order.
(ii) The Assistant to the President for National Security Affairs shall advise the President and the appropriate department or agency when there is a critical deficiency in the security practices of a department or agency within the purview of this section.
(iii) National Security Systems. The National Security Telecommunications and Information Systems
Security Committee, as established by and consistent
with NSD–42 and chaired by the Department of Defense, shall be designated as the ‘‘Committee on National Security Systems.’’
(c) Additional Responsibilities. The heads of executive branch departments and agencies are responsible
and accountable for providing and maintaining adequate levels of security for information systems, including emergency preparedness communications systems, for programs under their control. Heads of such
departments and agencies shall ensure the development
and, within available appropriations, funding of pro-

§ 121

grams that adequately address these mission systems,
especially those critical systems that support the national security and other essential government programs. Additionally, security should enable, and not
unnecessarily impede, department and agency business
operations.
SEC. 3. The National Infrastructure Advisory Council.
The National Infrastructure Advisory Council (NIAC),
established on October 16, 2001, shall provide the President through the Secretary of Homeland Security with
advice on the security of the critical infrastructure
sectors and their information systems.
(a) Membership. The NIAC shall be composed of not
more than 30 members appointed by the President, taking appropriate account of the benefits of having members (i) from the private sector, including but not limited to banking and finance, transportation, energy,
communications, and emergency services organizations
and institutions of higher learning, and State, local,
and tribal governments, (ii) with senior leadership responsibilities for the reliability and availability, which
include security, of the critical infrastructure and key
resource sectors, (iii) with expertise relevant to the
functions of the NIAC, and (iv) with experience equivalent to that of a chief executive of an organization. Unless otherwise determined by the President, no fulltime officer or employee of the executive branch shall
be appointed to serve as a member of the NIAC. The
President shall designate from among the members of
the NIAC a Chair and a Vice Chair, who shall perform
the functions of the Chair if the Chair is absent, disabled, or in the instance of a vacancy in the Chair.
(b) Functions of the NIAC. The NIAC shall meet periodically to:
(i) enhance the partnership of the public and private sectors in protecting critical infrastructures and
their information systems and provide reports on this
issue to the President through the Secretary of
Homeland Security, as appropriate;
(ii) propose and develop ways to encourage private
industry to perform periodic risk assessments;
(iii) monitor the development and operations of private sector coordinating councils and their information sharing mechanisms and provide recommendations to the President through the Secretary of
Homeland Security on how these organizations can
best foster improved cooperation among the sectors,
the Department of Homeland Security, and other
Federal Government entities;
(iv) report to the President through the Secretary
of Homeland Security, who shall ensure appropriate
coordination with the Assistant to the President for
Homeland Security and Counterterrorism, the Assistant to the President for Economic Policy, and the Assistant to the President for National Security Affairs
under the terms of this order; and
(v) advise sector specific agencies with critical infrastructure responsibilities to include issues pertaining to sector and government coordinating councils and their information sharing mechanisms.
(c) Administration of the NIAC.
(i) The NIAC may hold hearings, conduct inquiries,
and establish subcommittees, as appropriate.
(ii) Upon request of the Chair, and to the extent
permitted by law, the heads of the executive departments and agencies shall provide the NIAC with information and advice relating to its functions.
(iii) Senior Federal Government officials may participate in the meetings of the NIAC, as appropriate.
(iv) Members shall serve without compensation for
their work on the NIAC. However, members may be
reimbursed for travel expenses, including per diem in
lieu of subsistence, as authorized by law for persons
serving intermittently in Federal Government service (5 U.S.C. 5701–5707).
(v) To the extent permitted by law and subject to
the availability of appropriations, the Department of
Homeland Security shall provide the NIAC with administrative services, staff, and other support services, and such funds as may be necessary for the performance of the NIAC’s functions.

§ 121

TITLE 6—DOMESTIC SECURITY

SEC. 4. Judicial Review. This order does not create any
right or benefit, substantive or procedural, enforceable
at law or in equity, against the United States, its departments, agencies, or other entities, its officers or
employees, or any other person.
GEORGE W. BUSH.
EXTENSION OF TERM OF NATIONAL INFRASTRUCTURE
ADVISORY COUNCIL
Term of the National Infrastructure Advisory Council
extended until Sept. 30, 2005, by Ex. Ord. No. 13316,
Sept. 17, 2003, 68 F.R. 55255, formerly set out as a note
under section 14 of the Federal Advisory Committee
Act in the Appendix to Title 5, Government Organizations and Employees.
Term of the National Infrastructure Advisory Council
extended until Sept. 30, 2007, by Ex. Ord. No. 13385,
Sept. 29, 2005, 70 F.R. 57989, formerly set out as a note
under section 14 of the Federal Advisory Committee
Act in the Appendix to Title 5.
Term of the National Infrastructure Advisory Council
extended until Sept. 30, 2009, by Ex. Ord. No. 13446,
Sept. 28, 2007, 72 F.R. 56175, formerly set out as a note
under section 14 of the Federal Advisory Committee
Act in the Appendix to Title 5.
Term of the National Infrastructure Advisory Council
extended until Sept. 30, 2011, by Ex. Ord. No. 13511,
Sept. 29, 2009, 74 F.R. 50909, set out as a note under section 14 of the Federal Advisory Committee Act in the
Appendix to Title 5.
EX. ORD. NO. 13284. AMENDMENT OF EXECUTIVE ORDERS,
AND OTHER ACTIONS, IN CONNECTION WITH THE ESTABLISHMENT OF THE DEPARTMENT OF HOMELAND SECURITY
Ex. Ord. No. 13284, Jan. 23, 2003, 68 F.R. 4075, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Homeland Security Act of 2002
(Public Law 107–296) [see Tables for classification], and
the National Security Act of 1947, as amended (50
U.S.C. 401 et seq.), and in order to reflect responsibilities vested in the Secretary of Homeland Security and
take other actions in connection with the establishment of the Department of Homeland Security, it is
hereby ordered as follows:
SECTION 1. [Amended Ex. Ord. No. 13234.]
SEC. 2. [Amended Ex. Ord. No. 13231, set out above.]
SEC. 3. Executive Order 13228 of October 8, 2001 (‘‘Establishing the Office of Homeland Security and the
Homeland Security Council’’) [50 U.S.C. 402 note], is
amended by inserting ‘‘the Secretary of Homeland Security,’’ after ‘‘the Secretary of Transportation,’’ in
section 5(b). Further, during the period from January
24, 2003, until March 1, 2003, the Secretary of Homeland
Security shall have the responsibility for coordinating
the domestic response efforts otherwise assigned to the
Assistant to the President for Homeland Security pursuant to section 3(g) of Executive Order 13228.
SEC. 4. [Amended Ex. Ord. No. 13224, listed in a table
under section 1701 of Title 50, War and National Defense.]
SEC. 5. [Amended Ex. Ord. No. 13151, set out as a note
under section 5195 of Title 42, The Public Health and
Welfare.]
SEC. 6. [Amended Ex. Ord. No. 13122, set out as a note
under section 3121 of Title 42, The Public Health and
Welfare.]
SEC. 7. [Amended Ex. Ord. No. 13048, set out as a note
under section 501 of Title 31, Money and Finance.]
SEC. 8. [Amended Ex. Ord. No. 12992, set out as a note
under section 1708 of Title 21, Food and Drugs.]
SEC. 9. [Amended Ex. Ord. No. 12881, set out as a note
under section 6601 of Title 42, The Public Health and
Welfare.]
SEC. 10. [Amended Ex. Ord. No. 12859, set out as a note
preceding section 101 of Title 3, The President.]
SEC. 11. [Amended Ex. Ord. No. 12590, set out as a note
under former section 1201 of Title 21, Food and Drugs.]
SEC. 12. [Amended Ex. Ord. No. 12260, set out as a note
under section 2511 of Title 19, Customs Duties.]

Page 24

SEC. 13. [Amended Ex. Ord. No. 11958, set out as a note
under section 2751 of Title 22, Foreign Relations and
Intercourse.]
SEC. 14. [Amended Ex. Ord. No. 11423, set out as a note
under section 301 of Title 3, The President.]
SEC. 15. [Amended Ex. Ord. No. 10865, set out as a note
under section 435 of Title 50, War and National Defense.]
SEC. 16. [Amended Ex. Ord. No. 13011, set out as a note
under section 11101 of Title 40, Public Buildings, Property, and Works.]
SEC. 17. Those elements of the Department of Homeland Security that are supervised by the Department’s
Under Secretary for Information Analysis and Infrastructure Protection through the Department’s Assistant Secretary for Information Analysis, with the exception of those functions that involve no analysis of foreign intelligence information, are designated as elements of the Intelligence Community under section
201(h) of the Homeland Security Act of 2002 [Pub. L.
107–296, amending 50 U.S.C. 401a] and section 3(4) of the
National Security Act of 1947, as amended (50 U.S.C.
401a[(4)]).
SEC. 18. [Amended Ex. Ord. No. 12333, set out as a note
under section 401 of title 50, War and National Defense.]
SEC. 19. Functions of Certain Officials in the Department
of Homeland Security.
The Secretary of Homeland Security, the Deputy Secretary of Homeland Security, the Under Secretary for
Information Analysis and Infrastructure Protection,
Department of Homeland Security, and the Assistant
Secretary for Information Analysis, Department of
Homeland Security, each shall be considered a ‘‘Senior
Official of the Intelligence Community’’ for purposes of
Executive Order 12333 [50 U.S.C. 401 note], and all other
relevant authorities, and shall:
(a) recognize and give effect to all current clearances
for access to classified information held by those who
become employees of the Department of Homeland Security by operation of law pursuant to the Homeland
Security Act of 2002 or by Presidential appointment;
(b) recognize and give effect to all current clearances
for access to classified information held by those in the
private sector with whom employees of the Department
of Homeland Security may seek to interact in the discharge of their homeland security-related responsibilities;
(c) make all clearance and access determinations pursuant to Executive Order 12968 of August 2, 1995 [50
U.S.C. 435 note], or any successor Executive Order, as
to employees of, and applicants for employment in, the
Department of Homeland Security who do not then
hold a current clearance for access to classified information; and
(d) ensure all clearance and access determinations for
those in the private sector with whom employees of the
Department of Homeland Security may seek to interact in the discharge of their homeland security-related
responsibilities are made in accordance with Executive
Order 12829 of January 6, 1993 [50 U.S.C. 435 note].
SEC. 20. Pursuant to the provisions of section 1.4 of
Executive Order 12958 of April 17, 1995 (‘‘Classified National Security Information’’) [50 U.S.C. 435 note], I
hereby authorize the Secretary of Homeland Security
to classify information originally as ‘‘Top Secret.’’ Any
delegation of this authority shall be in accordance with
section 1.4 of that order or any successor Executive Orders.
SEC. 21. This order shall become effective on January
24, 2003.
SEC. 22. This order does not create any right or benefit, substantive or procedural, enforceable at law or equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any
other person.
GEORGE W. BUSH.

Page 25

§ 123

TITLE 6—DOMESTIC SECURITY

§ 122. Access to information
(a) In general
(1) Threat and vulnerability information
Except as otherwise directed by the President, the Secretary shall have such access as
the Secretary considers necessary to all information, including reports, assessments, analyses, and unevaluated intelligence relating to
threats of terrorism against the United States
and to other areas of responsibility assigned
by the Secretary, and to all information concerning infrastructure or other vulnerabilities
of the United States to terrorism, whether or
not such information has been analyzed, that
may be collected, possessed, or prepared by
any agency of the Federal Government.
(2) Other information
The Secretary shall also have access to
other information relating to matters under
the responsibility of the Secretary that may
be collected, possessed, or prepared by an
agency of the Federal Government as the
President may further provide.
(b) Manner of access
Except as otherwise directed by the President,
with respect to information to which the Secretary has access pursuant to this section—
(1) the Secretary may obtain such material
upon request, and may enter into cooperative
arrangements with other executive agencies to
provide such material or provide Department
officials with access to it on a regular or routine basis, including requests or arrangements
involving broad categories of material, access
to electronic databases, or both; and
(2) regardless of whether the Secretary has
made any request or entered into any cooperative arrangement pursuant to paragraph (1),
all agencies of the Federal Government shall
promptly provide to the Secretary—
(A) all reports (including information reports containing intelligence which has not
been fully evaluated), assessments, and analytical information relating to threats of
terrorism against the United States and to
other areas of responsibility assigned by the
Secretary;
(B) all information concerning the vulnerability of the infrastructure of the United
States, or other vulnerabilities of the United
States, to terrorism, whether or not such information has been analyzed;
(C) all other information relating to significant and credible threats of terrorism
against the United States, whether or not
such information has been analyzed; and
(D) such other information or material as
the President may direct.
(c) Treatment under certain laws
The Secretary shall be deemed to be a Federal
law enforcement, intelligence, protective, national defense, immigration, or national security official, and shall be provided with all information from law enforcement agencies that is
required to be given to the Director of Central
Intelligence, under any provision of the following:
(1) The USA PATRIOT Act of 2001 (Public
Law 107–56).

(2) Section 2517(6) of title 18.
(3) Rule 6(e)(3)(C) of the Federal Rules of
Criminal Procedure.
(d) Access to intelligence and other information
(1) Access by elements of Federal Government
Nothing in this subchapter shall preclude
any element of the intelligence community (as
that term is defined in section 401a(4) of title
50,1 or any other element of the Federal Government with responsibility for analyzing terrorist threat information, from receiving any
intelligence or other information relating to
terrorism.
(2) Sharing of information
The Secretary, in consultation with the Director of Central Intelligence, shall work to
ensure that intelligence or other information
relating to terrorism to which the Department
has access is appropriately shared with the
elements of the Federal Government referred
to in paragraph (1), as well as with State and
local governments, as appropriate.
(Pub. L. 107–296, title II, § 202, Nov. 25, 2002, 116
Stat. 2149.)
REFERENCES IN TEXT
The USA PATRIOT Act of 2001, referred to in subsec.
(c)(1), is Pub. L. 107–56, Oct. 26, 2001, 115 Stat. 272,
known as the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of 2001 or the USA PATRIOT
Act. For complete classification of this Act to the
Code, see Short Title of 2001 Amendment note set out
under section 1 of Title 18, Crimes and Criminal Procedure, and Tables.
The Federal Rules of Criminal Procedure, referred to
in subsec. (c)(3), are set out in the Appendix to Title 18,
Crimes and Criminal Procedure.
This subchapter, referred to in subsec. (d)(1), was in
the original ‘‘this title’’, meaning title II of Pub. L.
107–296, Nov. 25, 2002, 116 Stat. 2145, which enacted this
subchapter, amended sections 1030, 2511, 2512, 2520, 2701
to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 3712 and 3722 of Title 42, The Public
Health and Welfare, and section 401a of Title 50, War
and National Defense, and enacted provisions set out as
a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of
Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification
of title II to the Code, see Tables.
CHANGE OF NAME
Reference to the Director of Central Intelligence or
the Director of the Central Intelligence Agency in the
Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of
the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as
a note under section 401 of Title 50, War and National
Defense.

§ 123. Terrorist travel program
(a) Requirement to establish
Not later than 90 days after August 3, 2007, the
Secretary of Homeland Security, in consultation
1 So in original. There probably should be a closing parenthesis
after ‘‘50’’.