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U.S. CODE
TITLE 6
DOMESTIC SECURITY

Version 2011-01-07

Last update 2011-11-10


  • HOMELAND SECURITY ORGANIZATION
    • DEPARTMENT OF HOMELAND SECURITY
    • INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
      • Information and Analysis and Infrastructure Protection; Access to Information
      • Critical Infrastructure Information
      • Information Security
      • Office of Science and Technology
    • SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
    • DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY
      • Under Secretary for Border and Transportation Security
      • United States Customs Service
      • Miscellaneous Provisions
      • Immigration Enforcement Functions
      • Citizenship and Immigration Services
      • General Immigration Provisions
    • NATIONAL EMERGENCY MANAGEMENT
    • TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS
    • MANAGEMENT
    • COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
      • Coordination With Non-Federal Entities
      • Inspector General
      • United States Secret Service
      • Acquisitions
      • Human Resources Management
      • Federal Emergency Procurement Flexibility
      • Support Anti-Terrorism by Fostering Effective Technologies
      • Miscellaneous Provisions
      • Information Sharing
      • Secure Handling of Ammonium Nitrate
    • NATIONAL HOMELAND SECURITY COUNCIL
    • CONSTRUCTION
    • DEPARTMENT OF JUSTICE DIVISIONS
      • Executive Office for Immigration Review
      • Transfer of the Bureau of Alcohol, Tobacco and Firearms to the Department of Justice
    • TRANSITION
      • Reorganization Plan
      • Transitional Provisions
    • EMERGENCY COMMUNICATIONS
    • DOMESTIC NUCLEAR DETECTION OFFICE
    • HOMELAND SECURITY GRANTS
      • Grants to States and High-Risk Urban Areas
      • Grants Administration
  • NATIONAL EMERGENCY MANAGEMENT
    • PERSONNEL PROVISIONS
      • Federal Emergency Management Agency Personnel
      • Emergency Management Capabilities
    • COMPREHENSIVE PREPAREDNESS SYSTEM
      • National Preparedness System
      • Additional Preparedness
      • Miscellaneous Authorities
      • Prevention of Fraud, Waste, and Abuse
      • Authorization of Appropriations
  • SECURITY AND ACCOUNTABILITY FOR EVERY PORT
    • SECURITY OF UNITED STATES SEAPORTS
      • Port Security Grants; Training and Exercise Programs
      • Port Operations
    • SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
      • General Provisions
      • Customs-Trade Partnership Against Terrorism
      • Miscellaneous Provisions
    • ADMINISTRATION
  • TRANSPORTATION SECURITY
    • TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
    • TRANSPORTATION SECURITY ENHANCEMENTS
    • PUBLIC TRANSPORTATION SECURITY
    • SURFACE TRANSPORTATION SECURITY
      • General Provisions
      • Railroad Security
      • Over-the-Road Bus and Trucking Security
      • Hazardous Material and Pipeline Security
  • BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

CHAPTER 1

HOMELAND SECURITY ORGANIZATION

Definitions

In this chapter, the following definitions apply:

(1) Each of the terms "American homeland" and "homeland" means the United States.

(2) The term "appropriate congressional committee" means any committee of the House of Representatives or the Senate having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned.

(3) The term "assets" includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel).

(4) The term "critical infrastructure" has the meaning given that term in section 5195c (e) of title 42.

(5) The term "Department" means the Department of Homeland Security.

(6) The term "emergency response providers" includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.

(7) The term "executive agency" means an executive agency and a military department, as defined, respectively, in sections 105 and 102 of title 5.

(8) The term "functions" includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.

(9) The term "intelligence component of the Department" means any element or entity of the Department that collects, gathers, processes, analyzes, produces, or disseminates intelligence information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence, as defined under section 401a (5) of title 50, except—
  • (A) the United States Secret Service; and

  • (B) the Coast Guard, when operating under the direct authority of the Secretary of Defense or Secretary of the Navy pursuant to section 3 of title 14, except that nothing in this paragraph shall affect or diminish the authority and responsibilities of the Commandant of the Coast Guard to command or control the Coast Guard as an armed force or the authority of the Director of National Intelligence with respect to the Coast Guard as an element of the intelligence community (as defined under section 401a (4) of title 50.

(10) The term "key resources" means publicly or privately controlled resources essential to the minimal operations of the economy and government.

(11) The term "local government" means—
  • (A) a county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as a nonprofit corporation under State law), regional or interstate government entity, or agency or instrumentality of a local government;

  • (B) an Indian tribe or authorized tribal organization, or in Alaska a Native village or Alaska Regional Native Corporation; and

  • (C) a rural community, unincorporated town or village, or other public entity.

(12) The term "major disaster" has the meaning given in section 5122 (2) of title 42.

(13) The term "personnel" means officers and employees.

(14) The term "Secretary" means the Secretary of Homeland Security.

(15) The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.

(16) The term "terrorism" means any activity that—
  • (A) involves an act that—
    • (i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and

    • (ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States; and

  • (B) appears to be intended—
    • (i) to intimidate or coerce a civilian population;

    • (ii) to influence the policy of a government by intimidation or coercion; or

    • (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.

(17)
  • (A) The term "United States", when used in a geographic sense, means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any possession of the United States, and any waters within the jurisdiction of the United States.

  • (B) Nothing in this paragraph or any other provision of this chapter shall be construed to modify the definition of "United States" for the purposes of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] or any other immigration or nationality law.

(18) The term "voluntary preparedness standards" means a common set of criteria for preparedness, disaster management, emergency management, and business continuity programs, such as the American National Standards Institute's National Fire Protection Association Standard on Disaster/Emergency Management and Business Continuity Programs (ANSI/NFPA 1600).

Construction; severability

Any provision of this chapter held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this chapter and shall not affect the remainder thereof, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.



Use of appropriated funds

Notwithstanding any other provision of this chapter, any report, notification, or consultation addressing directly or indirectly the use of appropriated funds and stipulated by this chapter to be submitted to, or held with, the Congress or any Congressional committee shall also be submitted to, or held with, the Committees on Appropriations of the Senate and the House of Representatives under the same conditions and with the same restrictions as stipulated by this chapter.



1 - SUBCHAPTER I

DEPARTMENT OF HOMELAND SECURITY

Executive department; mission

(a) Establishment There is established a Department of Homeland Security, as an executive department of the United States within the meaning of title 5.

(b) Mission
  • (1) In general The primary mission of the Department is to—

    • (A) prevent terrorist attacks within the United States;

    • (B) reduce the vulnerability of the United States to terrorism;

    • (C) minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States;

    • (D) carry out all functions of entities transferred to the Department, including by acting as a focal point regarding natural and manmade crises and emergency planning;

    • (E) ensure that the functions of the agencies and subdivisions within the Department that are not related directly to securing the homeland are not diminished or neglected except by a specific explicit Act of Congress;

    • (F) ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland;

    • (G) ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and

    • (H) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.

  • (2) Responsibility for investigating and prosecuting terrorism Except as specifically provided by law with respect to entities transferred to the Department under this chapter, primary responsibility for investigating and prosecuting acts of terrorism shall be vested not in the Department, but rather in Federal, State, and local law enforcement agencies with jurisdiction over the acts in question.





    Secretary; functions

    (a) Secretary
    • (1) In general There is a Secretary of Homeland Security, appointed by the President, by and with the advice and consent of the Senate.

    • (2) Head of Department The Secretary is the head of the Department and shall have direction, authority, and control over it.

    • (3) Functions vested in Secretary All functions of all officers, employees, and organizational units of the Department are vested in the Secretary.

    (b) Functions The Secretary—

    • (1) except as otherwise provided by this chapter, may delegate any of the Secretary's functions to any officer, employee, or organizational unit of the Department;

    • (2) shall have the authority to make contracts, grants, and cooperative agreements, and to enter into agreements with other executive agencies, as may be necessary and proper to carry out the Secretary's responsibilities under this chapter or otherwise provided by law; and

    • (3) shall take reasonable steps to ensure that information systems and databases of the Department are compatible with each other and with appropriate databases of other Departments.

    (c) Coordination with non-Federal entities With respect to homeland security, the Secretary shall coordinate through the Office of State and Local Coordination (established under section 361 of this title) (including the provision of training and equipment) with State and local government personnel, agencies, and authorities, with the private sector, and with other entities, including by—

    • (1) coordinating with State and local government personnel, agencies, and authorities, and with the private sector, to ensure adequate planning, equipment, training, and exercise activities;

    • (2) coordinating and, as appropriate, consolidating, the Federal Government's communications and systems of communications relating to homeland security with State and local government personnel, agencies, and authorities, the private sector, other entities, and the public; and

    • (3) distributing or, as appropriate, coordinating the distribution of, warnings and information to State and local government personnel, agencies, and authorities and to the public.

    (d) Meetings of National Security Council The Secretary may, subject to the direction of the President, attend and participate in meetings of the National Security Council.

    (e) Issuance of regulations The issuance of regulations by the Secretary shall be governed by the provisions of chapter 5 of title 5, except as specifically provided in this chapter, in laws granting regulatory authorities that are transferred by this chapter, and in laws enacted after November 25, 2002.

    (f) Special Assistant to the Secretary The Secretary shall appoint a Special Assistant to the Secretary who shall be responsible for—

    • (1) creating and fostering strategic communications with the private sector to enhance the primary mission of the Department to protect the American homeland;

    • (2) advising the Secretary on the impact of the Department's policies, regulations, processes, and actions on the private sector;

    • (3) interfacing with other relevant Federal agencies with homeland security missions to assess the impact of these agencies' actions on the private sector;

    • (4) creating and managing private sector advisory councils composed of representatives of industries and associations designated by the Secretary to—
      • (A) advise the Secretary on private sector products, applications, and solutions as they relate to homeland security challenges;

      • (B) advise the Secretary on homeland security policies, regulations, processes, and actions that affect the participating industries and associations; and

      • (C) advise the Secretary on private sector preparedness issues, including effective methods for—
        • (i) promoting voluntary preparedness standards to the private sector; and

        • (ii) assisting the private sector in adopting voluntary preparedness standards;

    • (5) working with Federal laboratories, federally funded research and development centers, other federally funded organizations, academia, and the private sector to develop innovative approaches to address homeland security challenges to produce and deploy the best available technologies for homeland security missions;

    • (6) promoting existing public-private partnerships and developing new public-private partnerships to provide for collaboration and mutual support to address homeland security challenges;

    • (7) assisting in the development and promotion of private sector best practices to secure critical infrastructure;

    • (8) providing information to the private sector regarding voluntary preparedness standards and the business justification for preparedness and promoting to the private sector the adoption of voluntary preparedness standards;

    • (9) coordinating industry efforts, with respect to functions of the Department of Homeland Security, to identify private sector resources and capabilities that could be effective in supplementing Federal, State, and local government agency efforts to prevent or respond to a terrorist attack;

    • (10) coordinating with the Directorate of Border and Transportation Security and the Assistant Secretary for Trade Development of the Department of Commerce on issues related to the travel and tourism industries; and

    • (11) consulting with the Office of State and Local Government Coordination and Preparedness on all matters of concern to the private sector, including the tourism industry.

    (g) Standards policy All standards activities of the Department shall be conducted in accordance with section 12(d) of the National Technology Transfer Advancement Act of 1995 (15 U.S.C. 272 note ) and Office of Management and Budget Circular A-119.

    Other officers

    (a) Deputy Secretary; Under Secretaries There are the following officers, appointed by the President, by and with the advice and consent of the Senate:

    • (1) A Deputy Secretary of Homeland Security, who shall be the Secretary's first assistant for purposes of subchapter III of chapter 33 of title 5.

    • (2) An Under Secretary for Science and Technology.

    • (3) An Under Secretary for Border and Transportation Security.

    • (4) An Administrator of the Federal Emergency Management Agency.

    • (5) A Director of the Bureau of Citizenship and Immigration Services.

    • (6) An Under Secretary for Management.

    • (7) A Director of the Office of Counternarcotics Enforcement.

    • (8) An Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department.

    • (9) Not more than 12 Assistant Secretaries.

    • (10) A General Counsel, who shall be the chief legal officer of the Department.

    (b) Inspector General There shall be in the Department an Office of Inspector General and an Inspector General at the head of such office, as provided in the Inspector General Act of 1978 (5 U.S.C. App.).

    (c) Commandant of the Coast Guard To assist the Secretary in the performance of the Secretary's functions, there is a Commandant of the Coast Guard, who shall be appointed as provided in section 44 of title 14 and who shall report directly to the Secretary. In addition to such duties as may be provided in this chapter and as assigned to the Commandant by the Secretary, the duties of the Commandant shall include those required by section 2 of title 14.

    (d) Other officers To assist the Secretary in the performance of the Secretary's functions, there are the following officers, appointed by the President:

    • (1) A Director of the Secret Service.

    • (2) A Chief Information Officer.

    • (3) An Officer for Civil Rights and Civil Liberties.

    • (4) A Director for Domestic Nuclear Detection.

    (e) Chief Financial Officer There shall be in the Department a Chief Financial Officer, as provided in chapter 9 of title 31.

    (f) Performance of specific functions Subject to the provisions of this chapter, every officer of the Department shall perform the functions specified by law for the official's office or prescribed by the Secretary.



    Sensitive Security Information

    Using funds made available in this Act, the Secretary of Homeland Security shall provide that each office within the Department that handles documents marked as Sensitive Security Information (SSI) shall have at least one employee in that office with authority to coordinate and make determinations on behalf of the agency that such documents meet the criteria for marking as SSI: Provided, That not later than December 31, 2005, the Secretary shall submit to the Committees on Appropriations of the Senate and the House of Representatives: (1) Department-wide policies for designating, coordinating and marking documents as SSI; (2) Department-wide auditing and accountability procedures for documents designated and marked as SSI; (3) the total number of SSI Coordinators within the Department; and (4) the total number of staff authorized to designate SSI documents within the Department: Provided further, That not later than January 31, 2006, the Secretary shall provide to the Committees on Appropriations of the Senate and the House of Representatives the title of all DHS documents that are designated as SSI in their entirety during the period October 1, 2005, through December 31, 2005: Provided further, That not later than January 31 of each succeeding year, starting on January 31, 2007, the Secretary shall provide annually a similar report to the Committees on Appropriations of the Senate and the House of Representatives on the titles of all DHS documents that are designated as SSI in their entirety during the period of January 1 through December 31 for the preceding year: Provided further, That the Secretary shall promulgate guidance that includes common but extensive examples of SSI that further define the individual categories of information cited under 49 CFR 1520(b)(1) through (16) and eliminates judgment by covered persons in the application of the SSI marking: Provided further, That such guidance shall serve as the primary basis and authority for the marking of DHS information as SSI by covered persons.



    Trade and customs revenue functions of the Department

    (a) Trade and customs revenue functions
    • (1) Designation of appropriate official The Secretary shall designate an appropriate senior official in the office of the Secretary who shall—

      • (A) ensure that the trade and customs revenue functions of the Department are coordinated within the Department and with other Federal departments and agencies, and that the impact on legitimate trade is taken into account in any action impacting the functions; and

      • (B) monitor and report to Congress on the Department's mandate to ensure that the trade and customs revenue functions of the Department are not diminished, including how spending, operations, and personnel related to these functions have kept pace with the level of trade entering the United States.

    • (2) Director of Trade Policy There shall be a Director of Trade Policy (in this subsection referred to as the "Director"), who shall be subject to the direction and control of the official designated pursuant to paragraph (1). The Director shall—

      • (A) advise the official designated pursuant to paragraph (1) regarding all aspects of Department policies relating to the trade and customs revenue functions of the Department;

      • (B) coordinate the development of Department-wide policies regarding trade and customs revenue functions and trade facilitation; and

      • (C) coordinate the trade and customs revenue-related policies of the Department with the policies of other Federal departments and agencies.

    (b) Study; report
    • (1) In general The Comptroller General of the United States shall conduct a study evaluating the extent to which the Department of Homeland Security is meeting its obligations under section 212 (b) of this title with respect to the maintenance of customs revenue functions.

    • (2) Analysis The study shall include an analysis of—

      • (A) the extent to which the customs revenue functions carried out by the former United States Customs Service have been consolidated with other functions of the Department (including the assignment of noncustoms revenue functions to personnel responsible for customs revenue collection), discontinued, or diminished following the transfer of the United States Customs Service to the Department;

      • (B) the extent to which staffing levels or resources attributable to customs revenue functions have decreased since the transfer of the United States Customs Service to the Department; and

      • (C) the extent to which the management structure created by the Department ensures effective trade facilitation and customs revenue collection.

    • (3) Report Not later than 180 days after October 13, 2006, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a).

    • (4) Maintenance of functions Not later than September 30, 2007, the Secretary shall ensure that the requirements of section 212 (b) of this title are fully satisfied and shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives regarding implementation of this paragraph.

    • (5) Definition In this section, the term "customs revenue functions" means the functions described in section 212 (b)(2) of this title.

    (c) Consultation on trade and customs revenue functions
    • (1) Business community consultations The Secretary shall consult with representatives of the business community involved in international trade, including seeking the advice and recommendations of the Commercial Operations Advisory Committee, on Department policies and actions that have a significant impact on international trade and customs revenue functions.

    • (2) Congressional consultation and notification
      • (A) In general Subject to subparagraph (B), the Secretary shall notify the appropriate congressional 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, 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.





      1 - SUBCHAPTER II

      INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

      1.II - Part A

      Information and Analysis and Infrastructure Protection; Access to Information

      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.

      (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 systems, 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 Department, 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 open-source 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—
        • (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.

        • (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.





        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, 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.

          Terrorist travel program

          (a) Requirement to establish Not later than 90 days after August 3, 2007, the Secretary of Homeland Security, in consultation with the Director of the National Counterterrorism Center and consistent with the strategy developed under section 7201, shall establish a program to oversee the implementation of the Secretary's responsibilities with respect to terrorist travel.

          (b) Head of the program The Secretary of Homeland Security shall designate an official of the Department of Homeland Security to be responsible for carrying out the program. Such official shall be—

          • (1) the Assistant Secretary for Policy of the Department of Homeland Security; or

          • (2) an official appointed by the Secretary who reports directly to the Secretary.

          (c) Duties The official designated under subsection (b) shall assist the Secretary of Homeland Security in improving the Department's ability to prevent terrorists from entering the United States or remaining in the United States undetected by—

          • (1) developing relevant strategies and policies;

          • (2) reviewing the effectiveness of existing programs and recommending improvements, if necessary;

          • (3) making recommendations on budget requests and on the allocation of funding and personnel;

          • (4) ensuring effective coordination, with respect to policies, programs, planning, operations, and dissemination of intelligence and information related to terrorist travel—
            • (A) among appropriate subdivisions of the Department of Homeland Security, as determined by the Secretary and including—
              • (i) United States Customs and Border Protection;

              • (ii) United States Immigration and Customs Enforcement;

              • (iii) United States Citizenship and Immigration Services;

              • (iv) the Transportation Security Administration; and

              • (v) the United States Coast Guard; and

            • (B) between the Department of Homeland Security and other appropriate Federal agencies; and

          • (5) serving as the Secretary's primary point of contact with the National Counterterrorism Center for implementing initiatives related to terrorist travel and ensuring that the recommendations of the Center related to terrorist travel are carried out by the Department.

          (d) Report Not later than 180 days after August 3, 2007, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the implementation of this section.