CHAPTER 1 —HOMELAND SECURITY ORGANIZATION
SUBCHAPTER I—DEPARTMENT OF HOMELAND SECURITY
SUBCHAPTER II—INFORMATION ANALYSIS
Part A—Information and Analysis; Access to Information
Part B—Information Security
Part C—Office of Science and Technology
SUBCHAPTER III—SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
SUBCHAPTER IV—BORDER, MARITIME, AND TRANSPORTATION SECURITY
Part A—Border, Maritime, and Transportation Security Responsibilities and Functions
Part B—U.S. Customs and Border Protection
Part C—Miscellaneous Provisions
Part D—Immigration Enforcement Functions
Part E—Citizenship and Immigration Services
Part F—General Immigration Provisions
Part G—U.S. Customs and Border Protection Public Private Partnerships
SUBCHAPTER V—NATIONAL EMERGENCY MANAGEMENT
SUBCHAPTER VI—TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE ARMED FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL ORGANIZATIONS
SUBCHAPTER VII—MANAGEMENT
SUBCHAPTER VIII—COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
Part A—Coordination with Non-Federal Entities
Part B—Inspector General
Part C—United States Secret Service
Part D—Acquisitions
Part E—Human Resources Management
Part F—Federal Emergency Procurement Flexibility
Part G—Support Anti-Terrorism by Fostering Effective Technologies
Part H—Miscellaneous Provisions
Part I—Information Sharing
Part J—Secure Handling of Ammonium Nitrate
SUBCHAPTER IX—NATIONAL HOMELAND SECURITY COUNCIL
SUBCHAPTER X—CONSTRUCTION
SUBCHAPTER XI—DEPARTMENT OF JUSTICE DIVISIONS
Part A—Executive Office for Immigration Review
Part B—Transfer of the Bureau of Alcohol, Tobacco and Firearms to the Department of Justice
SUBCHAPTER XII—TRANSITION
Part A—Reorganization Plan
Part B—Transitional Provisions
SUBCHAPTER XII–A—TRANSPORTATION SECURITY
Part A—General Provisions
Part B—Transportation Security Administration Acquisition Improvements
Part C—Maintenance of Security-related Technology
SUBCHAPTER XIII—EMERGENCY COMMUNICATIONS
SUBCHAPTER XIV—COUNTERING WEAPONS OF MASS DESTRUCTION OFFICE
Part A—Countering Weapons of Mass Destruction
Part B—Mission of the Office
Part C—Chief Medical Officer
SUBCHAPTER XV—HOMELAND SECURITY GRANTS
Part A—Grants to States and High-Risk Urban Areas
Part B—Grants Administration
SUBCHAPTER XVI—CHEMICAL FACILITY ANTI-TERRORISM STANDARDS
SUBCHAPTER XVII—ANTI-TRAFFICKING TRAINING FOR DEPARTMENT OF HOMELAND SECURITY PERSONNEL
SUBCHAPTER XVIII—CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY
Part A—Cybersecurity and Infrastructure Security
Part B—Critical Infrastructure Information
Part C—Declaration of a Significant Incident
Part D—Cyber Incident Reporting
§101. 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
(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 "EMP" means an electromagnetic pulse caused by a nuclear device or nonnuclear device, including such a pulse caused by an act of terrorism.
(8) The term "executive agency" means an executive agency and a military department, as defined, respectively, in
(9) The term "functions" includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
(10) The term "GMD" means a geomagnetic disturbance caused by a solar storm or another naturally occurring phenomenon.
(11) 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
(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 1 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
(12) The term "key resources" means publicly or privately controlled resources essential to the minimal operations of the economy and government.
(13) 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.
(14) The term "major disaster" has the meaning given in
(15) The term "personnel" means officers and employees.
(16) The term "Secretary" means the Secretary of Homeland Security.
(17) 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.
(18) 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.
(19)(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 [
(20) 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).
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
The Immigration and Nationality Act, referred to in par. (19)(B), is act June 27, 1952, ch. 477,
Amendments
2016—Pars. (7) to (20).
2007—Pars. (9) to (17).
Par. (18).
2006—Par. (6).
Statutory Notes and Related Subsidiaries
Effective Date
Short Title of 2024 Amendment
Short Title of 2022 Amendment
Short Title of 2021 Amendment
Short Title of 2020 Amendment
Short Title of 2019 Amendment
Short Title of 2018 Amendment
Short Title of 2017 Amendment
Short Title of 2016 Amendment
Short Title of 2015 Amendment
Short Title of 2014 Amendment
Short Title of 2013 Amendment
Short Title of 2012 Amendment
Short Title of 2011 Amendment
Short Title of 2010 Amendment
Short Title of 2008 Amendment
Short Title of 2007 Amendment
Short Title of 2006 Amendment
Short Title of 2004 Amendment
Short Title of 2003 Amendment
Short Title
For short title of part I of subchapter VIII of this chapter as the "Homeland Security Information Sharing Act", see
[For another Federal Information Security Management Act of 2002, see section 301(a) of
Prohibition on Regulatory Authority
National Commission on Terrorist Attacks Upon the United States
"SEC. 601. ESTABLISHMENT OF COMMISSION.
"There is established in the legislative branch the National Commission on Terrorist Attacks Upon the United States (in this title referred to as the 'Commission').
"SEC. 602. PURPOSES.
"The purposes of the Commission are to—
"(1) examine and report upon the facts and causes relating to the terrorist attacks of September 11, 2001, occurring at the World Trade Center in New York, New York, in Somerset County, Pennsylvania, and at the Pentagon in Virginia;
"(2) ascertain, evaluate, and report on the evidence developed by all relevant governmental agencies regarding the facts and circumstances surrounding the attacks;
"(3) build upon the investigations of other entities, and avoid unnecessary duplication, by reviewing the findings, conclusions, and recommendations of—
"(A) the Joint Inquiry of the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives regarding the terrorist attacks of September 11, 2001, (hereinafter in this title referred to as the 'Joint Inquiry'); and
"(B) other executive branch, congressional, or independent commission investigations into the terrorist attacks of September 11, 2001, other terrorist attacks, and terrorism generally;
"(4) make a full and complete accounting of the circumstances surrounding the attacks, and the extent of the United States' preparedness for, and immediate response to, the attacks; and
"(5) investigate and report to the President and Congress on its findings, conclusions, and recommendations for corrective measures that can be taken to prevent acts of terrorism.
"SEC. 603. COMPOSITION OF COMMISSION.
"(a)
"(1) 1 member shall be appointed by the President, who shall serve as chairman of the Commission;
"(2) 1 member shall be appointed by the leader of the Senate (majority or minority leader, as the case may be) of the Democratic Party, in consultation with the leader of the House of Representatives (majority or minority leader, as the case may be) of the Democratic Party, who shall serve as vice chairman of the Commission;
"(3) 2 members shall be appointed by the senior member of the Senate leadership of the Democratic Party;
"(4) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party;
"(5) 2 members shall be appointed by the senior member of the Senate leadership of the Republican Party; and
"(6) 2 members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party.
"(b)
"(1)
"(2)
"(3)
"(4)
"(5)
"(c)
"SEC. 604. FUNCTIONS OF COMMISSION.
"(a)
"(1) conduct an investigation that—
"(A) investigates relevant facts and circumstances relating to the terrorist attacks of September 11, 2001, including any relevant legislation, Executive order, regulation, plan, policy, practice, or procedure; and
"(B) may include relevant facts and circumstances relating to—
"(i) intelligence agencies;
"(ii) law enforcement agencies;
"(iii) diplomacy;
"(iv) immigration, nonimmigrant visas, and border control;
"(v) the flow of assets to terrorist organizations;
"(vi) commercial aviation;
"(vii) the role of congressional oversight and resource allocation; and
"(viii) other areas of the public and private sectors determined relevant by the Commission for its inquiry;
"(2) identify, review, and evaluate the lessons learned from the terrorist attacks of September 11, 2001, regarding the structure, coordination, management policies, and procedures of the Federal Government, and, if appropriate, State and local governments and nongovernmental entities, relative to detecting, preventing, and responding to such terrorist attacks; and
"(3) submit to the President and Congress such reports as are required by this title containing such findings, conclusions, and recommendations as the Commission shall determine, including proposing organization, coordination, planning, management arrangements, procedures, rules, and regulations.
"(b)
"(1) first review the information compiled by, and the findings, conclusions, and recommendations of, the Joint Inquiry; and
"(2) after that review pursue any appropriate area of inquiry if the Commission determines that—
"(A) the Joint Inquiry had not investigated that area;
"(B) the Joint Inquiry's investigation of that area had not been complete; or
"(C) new information not reviewed by the Joint Inquiry had become available with respect to that area.
"SEC. 605. POWERS OF COMMISSION.
"(a)
"(1)
"(A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and
"(B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member may determine advisable.
"(2)
"(A)
"(i)
"(I) by the agreement of the chairman and the vice chairman; or
"(II) by the affirmative vote of 6 members of the Commission.
"(ii)
"(B)
"(i)
"(ii)
"(b)
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(e)
"(f)
"SEC. 606. NONAPPLICABILITY OF CHAPTER 10 OF TITLE 5, UNITED STATES CODE .
"(a)
"(b)
"(1) hold public hearings and meetings to the extent appropriate; and
"(2) release public versions of the reports required under section 610(a) and (b).
"(c)
"SEC. 607. STAFF OF COMMISSION.
"(a)
"(1)
"(2)
"(A)
"(B)
"(b)
"(c)
"SEC. 608. COMPENSATION AND TRAVEL EXPENSES.
"(a)
"(b)
"SEC. 609. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND STAFF.
"The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this title without the appropriate security clearances.
"SEC. 610. REPORTS OF COMMISSION; TERMINATION.
"(a)
"(b)
"(c)
"(1)
"(2)
"SEC. 611. FUNDING.
"(a)
"(b)
"(c)
1 See References in Text note below.
2 So in original. A closing parenthesis probably should precede the period.
§102. 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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§103. 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.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
Prior Provisions
A prior section 1714 of
Statutory Notes and Related Subsidiaries
Notifications for Reprogramming or Transfer of Funds
§103a. Department of Homeland Security Nonrecurring Expenses Fund
(a) Establishment
There is hereby established in the Treasury of the United States a fund to be known as the "Department of Homeland Security Nonrecurring Expenses Fund" (the Fund).
(b) Transfer of unobligated balances of expired discretionary funds
Unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the Department of Homeland Security by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund.
(c) Availability of funds
Amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for information technology system modernization and facilities infrastructure improvements necessary for the operation of the Department, subject to approval by the Office of Management and Budget.
(d) Limitation on apportionment or allotment of funds
Amounts in the Fund may not be apportioned or allotted for any fiscal year until after the date on which the Act making full-year appropriations for the Department of Homeland Security for the applicable fiscal year is enacted into law, subject to subsection (e).
(e) Notification of planned use of funds
The Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of the planned use of funds.
(
Editorial Notes
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2022, and also as part of the Consolidated Appropriations Act, 2022, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments
2024—Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2024 Amendment
§104. National biodefense strategy
(a) Strategy and implementation plan required
The Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture shall jointly develop a national biodefense strategy and associated implementation plan, which shall include a review and assessment of biodefense policies, practices, programs and initiatives. Such Secretaries shall review and, as appropriate, revise the strategy biennially.
(b) Elements
The strategy and associated implementation plan required under subsection (a) shall include each of the following:
(1) An inventory and assessment of all existing strategies, plans, policies, laws, and interagency agreements related to biodefense, including prevention, deterrence, preparedness, detection, response, attribution, recovery, and mitigation.
(2) A description of the biological threats, including biological warfare, bioterrorism, naturally occurring infectious diseases, and accidental exposures.
(3) A description of the current programs, efforts, or activities of the United States Government with respect to preventing the acquisition, proliferation, and use of a biological weapon, preventing an accidental or naturally occurring biological outbreak, and mitigating the effects of a biological epidemic.
(4) A description of the roles and responsibilities of the Executive Agencies, including internal and external coordination procedures, in identifying and sharing information related to, warning of, and protection against, acts of terrorism using biological agents and weapons and accidental or naturally occurring biological outbreaks.
(5) An articulation of related or required interagency capabilities and whole-of-Government activities required to support the national biodefense strategy.
(6) Recommendations for strengthening and improving the current biodefense capabilities, authorities, and command structures of the United States Government.
(7) Recommendations for improving and formalizing interagency coordination and support mechanisms with respect to providing a robust national biodefense.
(8) Any other matters the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture determine necessary.
(c) Submittal to Congress
Not later than 275 days after December 23, 2016, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture shall submit to the appropriate congressional committees the strategy and associated implementation plan required by subsection (a). The strategy and implementation plan shall be submitted in unclassified form, but may include a classified annex.
(d) Briefings
Not later than March 1, 2017, and annually thereafter until March 1, 2025, the Secretary of Defense, the Secretary of Health and Human Services, the Secretary of Homeland Security, and the Secretary of Agriculture shall provide to the Committee on Armed Services of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, the Committee on Homeland Security of the House of Representatives, and the Committee on Agriculture of the House of Representatives a joint briefing on the strategy developed under subsection (a) and the status of the implementation of such strategy.
(e) GAO Review
Not later than 180 days after the date of the submittal of the strategy and implementation plan under subsection (c), the Comptroller General of the United States shall conduct a review of the strategy and implementation plan to analyze gaps and resources mapped against the requirements of the National Biodefense Strategy and existing United States biodefense policy documents.
(f) Appropriate congressional committees defined
In this section, the term "appropriate congressional committees" means the following:
(1) The congressional defense committees.
(2) The Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(3) The Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
(4) The Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(
Editorial Notes
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2017, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments
2019—Subsec. (d).
Statutory Notes and Related Subsidiaries
"Congressional Defense Committees" Defined
Congressional defense committees means the Committees on Armed Services and Appropriations of the Senate and the House of Representatives, see section 3 of
§105. Biodefense analysis and budget submission
(a) Annual analysis
For each fiscal year, beginning in fiscal year 2023, the Director of the Office of Management and Budget, in consultation with the Secretary of Health and Human Services shall—
(1) conduct a detailed and comprehensive analysis of Federal biodefense programs; and
(2) develop an integrated biodefense budget submission.
(b) Definition of biodefense
In accordance with the National Biodefense Strategy, the Director shall develop and disseminate to all Federal departments and agencies a unified definition of the term "biodefense" to identify which programs and activities are included in the annual budget submission required under subsection (a).
(c) Requirements for analysis
The analysis required under subsection (a) shall include—
(1) the display of all funds requested for biodefense activities, both mandatory and discretionary, by agency and categorized by biodefense enterprise element, such as threat awareness, prevention, deterrence, preparedness, surveillance and detection, response, attribution (including bioforensic capabilities), recovery, and mitigation; and
(2) detailed explanations of how each program and activity included aligns with biodefense goals and objectives as part of the National Biodefense Strategy required under
(d) Submittal to Congress
The Director, in consultation with the Secretary of Health and Human Services, shall submit to Congress the analysis required under subsection (a) for a fiscal year concurrently with the President's annual budget request for that fiscal year.
(
Editorial Notes
Codification
Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§106. Update of national biodefense implementation plan
(a) In general
The Secretaries of Health and Human Services, Defense, Agriculture, Homeland Security, and all other Departments and agencies with responsibilities for biodefense, such as the Department of State, in consultation with the Assistant to the President for National Security Affairs and the Director of the Office of Management and Budget, as appropriate, shall jointly, after reviewing the biodefense threat assessment described in subsection (d) and any relevant input from external stakeholders, as appropriate, update the National Biodefense Implementation Plan developed under
(b) Specific updates
The updated National Biodefense Implementation Plan shall—
(1) describe the roles and responsibilities of the Federal departments and agencies, including internal and external coordination procedures, in identifying and sharing information between and among Federal departments and agencies, as described in
(2) describe roles, responsibilities, and processes for decisionmaking, including decisions regarding use of resources for effective risk management across the enterprise;
(3) describe resource plans for each department and agency with responsibility for biodefense to support implementation of the strategy within the jurisdiction of such department or agency, including for the Biodefense Coordination Team, as appropriate;
(4) describe guidance and methods for analyzing the data collected from agencies to include non-Federal resources and capabilities to the extent practicable; and
(5) describe and update, as appropriate, short-, medium-, and long-term goals for executing the National Biodefense Strategy and metrics for meeting each objective of the Strategy.
(c) Submittal to Congress
The Secretary of Health and Human Services, the Secretary of Defense, the Secretary of Agriculture, and the Secretary of Homeland Security shall, not later than 6 months after the date of the completion of the assessment in subsection (d)(1)(A), submit the updated Implementation Plan to the appropriate congressional committees.
(d) Updated biodefense threat assessment
(1) In general
The Secretaries of Health and Human Services, Defense, Agriculture, and Homeland Security, shall jointly, and in consultation with the Director of National Intelligence, and other agency heads as appropriate—
(A) conduct an assessment of current and potential biological threats against the United States, both naturally occurring and man-made, either accidental or deliberate, including the potential for catastrophic biological threats, such as a pandemic;
(B) not later than 1 year after January 1, 2021, submit the findings of the assessment conducted under subparagraph (A) to the Federal officials described in subsection (d)(1)and 1 the appropriate congressional committees described in subsection (e);
(C) not later than 30 days after the date on which the assessment is submitted under subparagraph (B), conduct a briefing for the appropriate congressional committees on the findings of the assessment;
(D) update the assessment under subparagraph (A) biennially, as appropriate, and provide the findings of such updated assessments to the Federal officials described in subsection (d)(1) and the appropriate congressional committees; and
(E) conduct briefings for the appropriate congressional committees as needed any time an assessment under this paragraph is updated.
(2) Classification and format
Assessments under paragraph (1) shall be submitted in an unclassified format and include a classified annex, as appropriate.
(e) Appropriate congressional committees defined
In this section, the term "appropriate congressional committees" means the following:
(1) The Committees on Armed Services of the House of Representatives and the Senate.
(2) The Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(3) The Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
(4) The Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
(5) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(6) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
(f) Rule of construction
Nothing in this section shall be construed to alter, limit, or duplicate the roles, responsibilities, authorities, or current activities, as established in statute or otherwise through existing practice or policy, of each Federal department or agency with responsibilities for biodefense or otherwise relevant to implementation of the National Biodefense Strategy.
(
Editorial Notes
Codification
Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
SUBCHAPTER I—DEPARTMENT OF HOMELAND SECURITY
§111. 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.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (b)(2), was in the original "this Act", meaning
Amendments
2004—Subsec. (b)(1)(G), (H).
Statutory Notes and Related Subsidiaries
Transfer of Certain OPM Authority to Department of Homeland Security
[For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Directorate for Preparedness, as constituted on June 1, 2006, including the functions of the Under Secretary for Preparedness relating thereto, to the Federal Emergency Management Agency, with certain exceptions, see
Similar provisions were contained in the following prior appropriation acts:
Executive Documents
Ex. Ord. No. 13286. Amendment of Executive Orders, and Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security
Ex. Ord. No. 13286, Feb. 28, 2003, 68 F.R. 10619, as amended by Ex. Ord. No. 13442, §1, Aug. 13, 2007, 72 F.R. 45877; Ex. Ord. No. 13753, §1, Dec. 9, 2016, 81 F.R. 90667, 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 (
Without prejudice to subsections (a) through (i) of this section, all responsibilities assigned to specific Federal officials pursuant to Executive Order 12656 that are substantially the same as any responsibility assigned to, or function transferred to, the Secretary of Homeland Security pursuant to the Homeland Security Act of 2002 (regardless of whether such responsibility or function is expressly required to be carried out through another official of the Department of Homeland Security or not pursuant to such Act), or intended or required to be carried out by an agency or an agency component transferred to the Department of Homeland Security pursuant to such Act, are hereby reassigned to the Secretary of Homeland Security.
I hereby designate the Department of Homeland Security as a defense agency of the United States for the purposes of
Those elements of the Department of Homeland Security that are supervised by the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection through the Department's Assistant Secretary for Information Analysis are, pursuant to
The Commandant and the Assistant Commandant for Intelligence of the Coast Guard each shall be considered a "Senior Official of the Intelligence Community" for purposes of Executive Order 12333 of December 4, 1981 [
Subject to the provisions of subsection (b) of this section, the officers named in subsection (a) of this section, in the order listed, shall act as, and perform the functions and duties of the office of, the Secretary of Homeland Security (Secretary), if they are eligible to act as Secretary under the provisions of the Federal Vacancies Reform Act of 1998,
(a) Order of Succession.
(i) Deputy Secretary of Homeland Security;
(ii) Under Secretary for Management;
(iii) Administrator of the Federal Emergency Management Agency;
(iv) Under Secretary for National Protection and Programs;
(v) Under Secretary for Science and Technology;
(vi) Under Secretary for Intelligence and Analysis;
(vii) Commissioner of U.S. Customs and Border Protection;
(viii) Administrator of the Transportation Security Administration;
(ix) Director of U.S. Immigration and Customs Enforcement;
(x) Director of U.S. Citizenship and Immigration Services;
(xi) Assistant Secretary for Policy;
(xii) General Counsel;
(xiii) Deputy Under Secretary for Management;
(xiv) Deputy Commissioner of U.S. Customs and Border Protection;
(xv) Deputy Administrator of the Transportation Security Administration;
(xvi) Deputy Director of U.S. Immigration and Customs Enforcement;
(xvii) Deputy Director of U.S. Citizenship and Immigration Services; and
(xviii) Director of the Federal Law Enforcement Training Center.
(b) Exceptions.
(i) No individual who is serving in an office listed in subsection (a) in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this section.
(ii) Notwithstanding the provisions of this section, the President retains discretion, to the extent permitted by the Vacancies Act, to depart from this order in designating an acting Secretary.
Except as otherwise specifically provided above or in Executive Order 13284 of January 23, 2003 ("Amendment of Executive Orders, and Other Actions, in Connection With the Establishment of the Department of Homeland Security") [
[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) and (b) of
Executive Order No. 13362
Ex. Ord. No. 13362, Nov. 29, 2004, 69 F.R. 70173, which designated additional officers for the Department of Homeland Security order of succession, was revoked by Ex. Ord. No. 13442, §2, Aug. 13, 2007, 72 F.R. 45878.
§112. 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 1 (established under
(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
(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 Commissioner of U.S. Customs and Border Protection 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 (
(h) Planning requirements
The Secretary shall ensure the head of each office and component of the Department takes into account the needs of children, including children within under-served communities, in mission planning and mission execution. In furtherance of this subsection, the Secretary shall require each such head to seek, to the extent practicable, advice and feedback from organizations representing the needs of children. The Federal Advisory Committee Act (5 U.S.C. App.) 2 shall not apply whenever such advice or feedback is sought in accordance with this subsection.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (b)(1), (2), and (e), was in the original "this Act", meaning
Section 12(d) of the National Technology Transfer Advancement Act of 1995, referred to in subsec. (g), probably means section 12(d) of the National Technology Transfer and Advancement Act of 1995, which is section 12(d) of
The Federal Advisory Committee Act, referred to in subsec. (h), is
Amendments
2022—Subsec. (h).
2016—Subsec. (f)(10).
2007—Subsec. (f)(4)(C).
Subsec. (f)(8) to (11).
2004—Subsec. (f)(8) to (10).
Statutory Notes and Related Subsidiaries
Daily Public Report of Covered Contract Awards
"(a)
"(1)
"(A)
"(B)
"(i) The contract number, modification number, or delivery order number.
"(ii) The contract type.
"(iii) The amount obligated for the award.
"(iv) The total contract value for the award, including all options.
"(v) The description of the purpose for the award.
"(vi) The number of proposals or bids received.
"(vii) The name and address of the vendor, and whether the vendor is a small business.
"(viii) The period and primary place of performance for the award.
"(ix) Whether the award is multiyear.
"(x) The contracting office.
"(2)
"(3)
"(b)
"(1) report the estimated total contract value for the award and the amount obligated upon award; and
"(2) once there is a definitized amount for the award, update the total contract value and amount obligated.
"(c)
"(d)
"(1)
"(A) means a contract action of the Department with a total contract value of not less than $4,000,000, including unexercised options; and
"(B) includes—
"(i) contract awards governed by the Federal Acquisition Regulation;
"(ii) modifications to a contract award that increase the total value, expand the scope of work, or extend the period of performance;
"(iii) orders placed on a multiple-award or multiple-agency contract that includes delivery or quantity terms that are indefinite;
"(iv) other transaction authority agreements; and
"(v) contract awards made with other than full and open competition.
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(e)
Required Coordination
Protections for Human Research Subjects of the Department of Homeland Security
1 So in original. Probably should be "Office for State and Local Government Coordination".
2 See References in Text note below.
§113. Other officers
(a) Deputy Secretary; Under Secretaries
(1) In general
Except as provided under paragraph (2), there are the following officers, appointed by the President, by and with the advice and consent of the Senate:
(A) A Deputy Secretary of Homeland Security, who shall be the Secretary's first assistant for purposes of subchapter III of
(B) An Under Secretary for Science and Technology.
(C) A Commissioner of U.S. Customs and Border Protection.
(D) An Administrator of the Federal Emergency Management Agency.
(E) A Director of the Bureau of Citizenship and Immigration Services.
(F) An Under Secretary for Management, who shall be first assistant to the Deputy Secretary of Homeland Security for purposes of subchapter III of
(G) A Director of U.S. Immigration and Customs Enforcement.
(H) A Director of the Cybersecurity and Infrastructure Security Agency.
(I) Not more than 12 Assistant Secretaries.
(J) A General Counsel, who shall be the chief legal officer of the Department.
(K) An Under Secretary for Strategy, Policy, and Plans.
(2) Assistant Secretaries
If any of the Assistant Secretaries referred to under paragraph (1)(I) is designated to be the Assistant Secretary for Health Affairs, the Assistant Secretary for Legislative Affairs, or the Assistant Secretary for Public Affairs, that Assistant Secretary shall be appointed by the President without the advice and consent of the Senate.
(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
(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 1 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 1 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) An Assistant Secretary for the Countering Weapons of Mass Destruction Office.
(5) Any Director of a Joint Task Force under
(e) Chief Financial Officer
There shall be in the Department a Chief Financial Officer, as provided in
(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.
(g) Vacancies
(1) Absence, disability, or vacancy of Secretary or Deputy Secretary
Notwithstanding
(2) Further order of succession
Notwithstanding
(3) Notification of vacancies
The Secretary shall notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives of any vacancies that require notification under
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (c) and (f), was in the original "this Act", meaning
The Federal Vacancies Reform Act of 1998, referred to in subsec. (g)(3), is section 151(a) of title I of div. C of
Amendments
2022—Subsec. (b).
2018—Subsec. (a)(1)(H).
Subsec. (d)(4).
2016—Subsec. (a)(1)(C).
Subsec. (a)(1)(F).
Subsec. (a)(1)(G).
Subsec. (a)(1)(K).
Subsec. (d)(5).
Subsec. (g).
2012—Subsec. (a).
2008—Subsec. (d)(3) to (5).
2007—Subsec. (a)(8) to (10).
2006—Subsec. (a)(2) to (4).
Subsec. (a)(5).
Subsec. (a)(6) to (10).
Subsec. (d)(5).
2004—Subsec. (a)(8) to (10).
Subsec. (d)(4), (5).
Subsecs. (e), (f).
2003—Subsec. (b).
Statutory Notes and Related Subsidiaries
Change of Name
Any reference to the Administrator of the Federal Emergency Management Agency in title VI of
Effective Date of 2012 Amendment
Under Secretary Responsible for Overseeing Critical Infrastructure Protection, Cybersecurity and Related Programs Authorized To Serve as Director of Cybersecurity and Infrastructure Security
For authorization of individual serving as Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity and related programs on the day before Nov. 16, 2018, to continue to serve as Director of Cybersecurity and Infrastructure Security on and after such date, see section 2(b)(1) of
1 See References in Text note below.
§114. 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.
(
Editorial Notes
References in Text
This Act, referred to in text, is
Codification
Section was enacted as part of the Department of Homeland Security Appropriations Act, 2006, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Applicability of Third Proviso
TSA Sensitive Security Information
"(1)
"(A) ensure clear and consistent designation of 'Sensitive Security Information', including reasonable security justifications for such designation;
"(B) develop and implement a schedule to regularly review and update, as necessary, TSA Sensitive Security Information identification guidelines;
"(C) develop a tracking mechanism for all Sensitive Security Information redaction and designation challenges;
"(D) document justifications for changes in position regarding Sensitive Security Information redactions and designations, and make such changes accessible to TSA personnel for use with relevant stakeholders, including air carriers, airport operators, surface transportation operators, and State and local law enforcement, as necessary; and
"(E) ensure that TSA personnel are adequately trained on appropriate designation policies.
"(2)
§115. 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
(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
(5) Definition
In this section, the term "customs revenue functions" means the functions described in
(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, not later than 30 days after proposing, and not later than 30 days before finalizing, any Department policies, initiatives, or actions that will 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 60 days before proposing, and not later than 60 days before finalizing, 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
(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.
(
Editorial Notes
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.
Amendments
2016—Subsec. (c)(1).
Subsec. (c)(2)(A).
Statutory Notes and Related Subsidiaries
Definitions
For definitions of terms used in this section, see
SUBCHAPTER II—INFORMATION ANALYSIS
Editorial Notes
Codification
Part A—Information and Analysis; Access to Information
Editorial Notes
Codification
§121. Information and Analysis
(a) Intelligence and analysis
There shall be in the Department an Office of Intelligence and Analysis.
(b) Under Secretary for Intelligence and Analysis
(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.
(c) Discharge of responsibilities
The Secretary shall ensure that the responsibilities of the Department relating to information analysis, including those described in subsection (d), are carried out through the Under Secretary for Intelligence and Analysis.
(d) Responsibilities of Secretary relating to intelligence and analysis
The responsibilities of the Secretary relating to intelligence and analysis 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 [
(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, 1 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
(5) 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
(6) 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.
(7) 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.
(8) 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.
(9) 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 [
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) To coordinate with elements of the intelligence community and with Federal, State, and local law enforcement agencies, and the private sector, as appropriate.
(15) To provide intelligence and information analysis and support to other elements of the Department.
(16) To coordinate and enhance integration among the intelligence components of the Department, including through strategic oversight of the intelligence activities of such components.
(17) 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.
(18) To establish a structure and process to support the missions and goals of the intelligence components of the Department.
(19) 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.
(20) To establish within the Office of Intelligence and Analysis an internal continuity of operations plan.
(21) 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.
(22) To perform such other duties relating to such responsibilities as the Secretary may provide.
(23)(A) Not later than six months after December 23, 2016, to conduct an intelligence-based review and comparison of the risks and consequences of EMP and GMD facing critical infrastructure, and submit to the Committee on Homeland Security and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate—
(i) a recommended strategy to protect and prepare the critical infrastructure of the homeland against threats of EMP and GMD; and
(ii) not less frequently than every two years thereafter for the next six years, updates of the recommended strategy.
(B) The recommended strategy under subparagraph (A) shall—
(i) be based on findings of the research and development conducted under
(ii) be developed in consultation with the relevant Federal sector-specific agencies (as defined under Presidential Policy Directive-21) for critical infrastructure;
(iii) be developed in consultation with the relevant sector coordinating councils for critical infrastructure;
(iv) be informed, to the extent practicable, by the findings of the intelligence-based review and comparison of the risks and consequences of EMP and GMD facing critical infrastructure conducted under subparagraph (A); and
(v) be submitted in unclassified form, but may include a classified annex.
(C) The Secretary may, if appropriate, incorporate the recommended strategy into a broader recommendation developed by the Department to help protect and prepare critical infrastructure from terrorism, cyber attacks, and other threats if, as incorporated, the recommended strategy complies with subparagraph (B).
(e) Staff
(1) In general
The Secretary shall provide the Office of Intelligence and Analysis 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 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, 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.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (d)(9), was in the original "this Act", meaning
The National Security Act of 1947, referred to in subsec. (d)(9)(B), is act July 26, 1947, ch. 343,
Codification
Section is comprised of section 201 of
Amendments
2018—
Subsec. (a).
Subsec. (b).
Subsec. (b)(3).
Subsec. (c).
Subsec. (d).
Subsec. (d)(5) to (22).
"(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."
Subsec. (d)(23).
Subsec. (d)(23)(B)(i).
Subsec. (d)(24).
Subsec. (d)(25).
"(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."
Subsec. (d)(26).
Subsecs. (e)(1), (f)(1).
2016—Subsec. (d)(26).
2010—Subsec. (d)(3).
2009—Subsec. (f)(2)(E).
2008—Subsec. (f)(2)(E).
2007—
Subsecs. (a) to (c).
Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(7).
"(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).
Subsec. (d)(9).
Subsec. (d)(10).
Subsec. (d)(11).
Subsec. (d)(11)(B).
Subsec. (d)(12) to (17).
Subsec. (d)(18).
Subsec. (d)(19).
Subsec. (d)(20) to (23).
Subsec. (d)(24).
Subsec. (d)(25).
Subsec. (e)(1).
Subsec. (f)(1).
Subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2009 Amendment
Regulations
[
Prohibition on Availability of Funds for Certain Activities and Assessment of the Overt Human Intelligence and Open Source Intelligence Collection Programs of the Office of Intelligence and Analysis of the Department of Homeland Security
"(a)
"(1)
"(A) The congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives].
"(B) The Committee on Homeland Security and Governmental Affairs of the Senate.
"(C) The Committee on Homeland Security of the House of Representatives.
"(2)
"(A) with respect to the Overt Human Intelligence Collection Program, an interview for intelligence collection purposes with any individual, including a United States person, who has been criminally charged, arraigned, or taken into the custody of a Federal, State, or local law enforcement agency, but whose guilt with respect to such criminal matters has not yet been adjudicated, unless the Office of Intelligence and Analysis has obtained the consent of the interviewee following consultation with counsel;
"(B) with respect to either the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program, any collection targeting journalists in the performance of their journalistic functions; and
"(C) with respect to the Overt Human Intelligence Collection Program, an interview for intelligence collection purposes with a United States person where the Office of Intelligence and Analysis lacks a reasonable belief based on facts and circumstances that the United States person may possess significant foreign intelligence (as defined in section 3 of the National Security Act of 1947 (
"(3)
"(4)
"(5)
"(A) a United States citizen;
"(B) an alien known by the Office of Intelligence and Analysis to be a permanent resident alien;
"(C) an unincorporated association substantially composed of United States citizens or permanent resident aliens; or
"(D) a corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.
"(6)
"(A) means information that is reasonably likely to identify 1 or more specific United States persons; and
"(B) may be either a single item of information or information that, when combined with other available information, is reasonably likely to identify one or more specific United States persons.
"(b)
"(c)
"(d)
"(1)
"(2)
"(A) Whether the Overt Human Intelligence Collection Program and the Open Source Intelligence Collection Program are legally authorized, and if so, an identification of the legal authorities.
"(B) Whether, and to what extent, such programs have provided valuable insights on national intelligence priorities and intelligence priorities of the Department of Homeland Security, citing specific examples of such insights at the appropriate classification level.
"(C) Whether there is sufficient training provided to, and sufficient oversight provided of, personnel of the Office of Intelligence and Analysis of the Department of Homeland Security who conduct intelligence collection under such programs.
"(D) Whether the responsibilities and requirements for such programs set forth in the relevant policy instructions, intelligence oversight guidelines, and other governing documents or standard operating procedures of the Office of Intelligence and Analysis, particularly as they relate to the obligation to safeguard the privacy, civil liberties, and civil rights of United States persons, are adequate, appropriate, and consistently adhered to by such personnel.
"(E) Whether such programs raise or have raised legal, ethical, or operational concerns, including concerns relating to the actual or potential violation of any applicable policies or procedures for protecting the constitutional or statutory rights of United States persons.
"(F) Whether other Federal agencies, such as the Federal Bureau of Investigation, conduct similar programs and, if so, a comparison of any similarities and differences between the respective programs.
"(G) With respect to non-analytic intelligence reports produced by the Office of Intelligence and Analysis derived in whole or in part from such programs, whether such reports appropriately minimize United States person information and use press reporting in an appropriate manner.
"(H) With respect to the Open Source Intelligence Collection Program, whether such program is effective at identifying threats directed against the United States, including true threats, incitement to violence, and malign cyber activity.
"(I) Whether there have been any identified instances in which State, local, territorial, or Tribal government agencies have used, or sought to use, the Office of Intelligence and Analysis as an instrument to introduce political or politicized information into the national intelligence collection and reporting stream.
"(J) Any other matter the Inspector General of the Intelligence Community determines appropriate.
"(3)
"(4)
"(A)
"(B)
"(5)
"(A) a description of any new activities, initiatives, or efforts undertaken pursuant to the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program;
"(B) a description of any new policies, procedures, or guidance concerning the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program;
"(C) a description of any compliance-related inquiries, investigations, reviews, checks, or audits initiated concerning the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program, as well as an update on the outcome or status of any preexisting inquiries, investigations, reviews, checks, or audits concerning these programs;
"(D) a comparison of the volume of intelligence and information collected on United States persons by the Office and used in finished intelligence products produced by the Office with the volume of intelligence or information on United States persons that is—
"(i) collected by State, local, and Tribal territory governments, the private sector, and other components of the Department of Homeland Security;
"(ii) provided directly or indirectly to the Office; and
"(iii) used in finished intelligence products produced by the Office; and
"(E) information on the reports and products issued by the Overt Human Intelligence Collection Program and the Open Source Intelligence Collection Program for the quarter covered by the briefing, which shall reflect—
"(i) the number of reports and products issued by each program;
"(ii) the number of reports and products issued by type or format of the report or product;
"(iii) the number of reports and products based on information provided by representatives of Federal, foreign or international, State, local, Tribal, territorial, or private sector entities, respectively, and, for each of these subcategories, the number of reports or products based on information provided by known or presumed United States persons;
"(iv) the number of reports and products based on information provided by individuals in administrative custody and, within that number, the number of reports or products based on information provided by known or presumed United States persons;
"(v) the number of reports and products based on information provided by confidential informants and, within that number, the number of reports or products based on information provided by known or presumed United States persons;
"(vi) the number of reports and products supporting different national or departmental missions and, for each of these subcategories, the number of reports or products based on information provided by known or presumed United States persons; and
"(vii) the number of reports and products identifying United States persons.
"(e)
"(1)
"(2)
"(A) foreign, State, local, Tribal, or territorial governments (or any agency or subdivision thereof);
"(B) the private sector; or
"(C) other elements of the Federal government, including the components of the Department of Homeland Security."
DHS Component Usage of the Homeland Security Information Network
"(a)
"(1) develop policies and metrics to ensure effective use by components of the Department of the unclassified Homeland Security Information Network (referred to in this section as 'HSIN'), or any successor system; and
"(2) develop policies for posting unclassified products on HSIN, or any successor system.
"(b)
Deadline for Initial Recommended Strategy
Enhanced Grid Security
"(1)
"(A)
"(B)
"(2)
"(A)
"(B)
"(i) coordinating with the Department of Homeland Security and other relevant Federal departments and agencies;
"(ii) collaborating with—
"(I) critical electric infrastructure owners and operators; and
"(II) as appropriate—
"(aa) independent regulatory agencies; and
"(bb) State, local, tribal, and territorial entities;
"(cc) serving as a day-to-day Federal interface for the dynamic prioritization and coordination of sector-specific activities;
"(dd) carrying out incident management responsibilities consistent with applicable law (including regulations) and other appropriate policies or directives;
"(ee) providing, supporting, or facilitating technical assistance and consultations for the energy sector to identify vulnerabilities and help mitigate incidents, as appropriate; and
"(ff) supporting the reporting requirements of the Department of Homeland Security under applicable law by providing, on an annual basis, sector-specific critical electric infrastructure information."
[Reference to a Sector Specific Agency (including any permutations or conjugations thereof) deemed to be a reference to the Sector Risk Management Agency of the relevant critical infrastructure sector and have the meaning given such term in
Cybersecurity Collaboration Between the Department of Defense and the Department of Homeland Security
"(a)
"(1)
"(A) strategic planning for the cybersecurity of the United States;
"(B) mutual support for cybersecurity capabilities development; and
"(C) synchronization of current operational cybersecurity mission activities.
"(2)
"(A) to improve the efficiency and effectiveness of requirements formulation and requests for products, services, and technical assistance for, and coordination and performance assessment of, cybersecurity missions executed across a variety of Department of Defense and Department of Homeland Security elements; and
"(B) to leverage the expertise of each individual Department and to avoid duplicating, replicating, or aggregating unnecessarily the diverse line organizations across technology developments, operations, and customer support that collectively execute the cybersecurity mission of each Department.
"(b)
"(1)
"(2)
Cybersecurity Oversight
Treatment of Incumbent Under Secretary for Intelligence and Analysis
Reports To Be Submitted to Certain Committees
"(1) Section 1016(j)(1) [now 1016(i)(1)] of the Intelligence Reform and Terrorist [Terrorism] Prevention Act of 2004 (
"(2) Section 511(d) of this Act [
"(3) [Former] [s]ubsection (a)(3)(D) of section 2022 of the Homeland Security Act of 2002 [former
"(4) Section 7215(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (
"(5) Section 7209(b)(1)(C) of the Intelligence Reform and Terrorism Prevention Act of 2004 [
"(6) Section 804(c) of this Act [
"(7) Section 901(b) of this Act [
"(8) Section 1002(a) of this Act [amending this section].
"(9) Title III of this Act [enacting
Security Management Systems Demonstration Project
"(a)
"(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)
Executive Documents
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; Ex. Ord. No. 13385, §5, Sept. 29, 2005, 70 F.R. 57990; Ex. Ord. No. 13652, §6, Sept. 30, 2013, 78 F.R. 61818; Ex. Ord. No. 14048, §6, Sept. 30, 2021, 86 F.R. 55467, 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:
(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 programs 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.
(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 individuals with experience in banking and finance, transportation, energy, water, communications, health care services, food and agriculture, government facilities, emergency services organizations, institutions of higher education, environmental and climate resilience, and State, local, and tribal governments;
(ii) with senior executive leadership responsibilities for the availability and reliability, including security and resilience, of critical infrastructure 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 full-time 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 or disabled, or in the instance of a vacancy in the Chair, each for a term of up to two years.. [sic]
(b) Functions of the NIAC. The NIAC shall meet periodically to:
(i) enhance the partnership of the public and private sectors in securing and enhancing the security and resilience of critical infrastructure and their supporting functional systems, physical assets, and cyber networks, 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 and implement risk-reduction programs;
(iii) monitor the development and operations of critical infrastructure 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.
In implementing this order, the NIAC shall not advise or otherwise act on matters pertaining to National Security and Emergency Preparedness (NS/EP) Communications and, with respect to any matters to which the NIAC is authorized by this order to provide advice or otherwise act on that may depend on or affect NS/EP Communications, shall coordinate with the National Security and Telecommunications Advisory Committee established by Executive Order 12382 of September 13, 1982, as amended.
(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 (
(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.
Extension of Term of National Infrastructure Advisory Council
Term of National Infrastructure Advisory Council extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under
Previous extensions of term of National Infrastructure Advisory Council were contained in the following prior Executive Orders:
Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, extended term until Sept. 30, 2023.
Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, extended term until Sept. 30, 2021.
Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.
Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.
Ex. Ord. No. 13585, Sept. 30, 2011, 76 F.R. 62281, extended term until Sept. 30, 2013.
Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, extended term until Sept. 30, 2011.
Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, extended term until Sept. 30, 2009.
Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, extended term until Sept. 30, 2007.
Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, extended term until Sept. 30, 2005.
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 (
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 [
(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 [
(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 [
George W. Bush.
Ex. Ord. No. 13636. Improving Critical Infrastructure Cybersecurity
Ex. Ord. No. 13636, Feb. 12, 2013, 78 F.R. 11739, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(b) The Secretary and the Attorney General, in coordination with the Director of National Intelligence, shall establish a process that rapidly disseminates the reports produced pursuant to section 4(a) of this order to the targeted entity. Such process shall also, consistent with the need to protect national security information, include the dissemination of classified reports to critical infrastructure entities authorized to receive them. The Secretary and the Attorney General, in coordination with the Director of National Intelligence, shall establish a system for tracking the production, dissemination, and disposition of these reports.
(c) To assist the owners and operators of critical infrastructure in protecting their systems from unauthorized access, exploitation, or harm, the Secretary, consistent with [former] 6 U.S.C. 143 [now
(d) The Secretary, as the Executive Agent for the Classified National Security Information Program created under Executive Order 13549 of August 18, 2010 (Classified National Security Information Program for State, Local, Tribal, and Private Sector Entities), shall expedite the processing of security clearances to appropriate personnel employed by critical infrastructure owners and operators, prioritizing the critical infrastructure identified in section 9 of this order.
(e) In order to maximize the utility of cyber threat information sharing with the private sector, the Secretary shall expand the use of programs that bring private sector subject-matter experts into Federal service on a temporary basis. These subject matter experts should provide advice regarding the content, structure, and types of information most useful to critical infrastructure owners and operators in reducing and mitigating cyber risks.
(b) The Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security (DHS) shall assess the privacy and civil liberties risks of the functions and programs undertaken by DHS as called for in this order and shall recommend to the Secretary ways to minimize or mitigate such risks, in a publicly available report, to be released within 1 year of the date of this order. Senior agency privacy and civil liberties officials for other agencies engaged in activities under this order shall conduct assessments of their agency activities and provide those assessments to DHS for consideration and inclusion in the report. The report shall be reviewed on an annual basis and revised as necessary. The report may contain a classified annex if necessary. Assessments shall include evaluation of activities against the Fair Information Practice Principles and other applicable privacy and civil liberties policies, principles, and frameworks. Agencies shall consider the assessments and recommendations of the report in implementing privacy and civil liberties protections for agency activities.
(c) In producing the report required under subsection (b) of this section, the Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties of DHS shall consult with the Privacy and Civil Liberties Oversight Board and coordinate with the Office of Management and Budget (OMB).
(d) Information submitted voluntarily in accordance with [former] 6 U.S.C. 133 [now
(b) The Cybersecurity Framework shall provide a prioritized, flexible, repeatable, performance-based, and cost-effective approach, including information security measures and controls, to help owners and operators of critical infrastructure identify, assess, and manage cyber risk. The Cybersecurity Framework shall focus on identifying cross-sector security standards and guidelines applicable to critical infrastructure. The Cybersecurity Framework will also identify areas for improvement that should be addressed through future collaboration with particular sectors and standards-developing organizations. To enable technical innovation and account for organizational differences, the Cybersecurity Framework will provide guidance that is technology neutral and that enables critical infrastructure sectors to benefit from a competitive market for products and services that meet the standards, methodologies, procedures, and processes developed to address cyber risks. The Cybersecurity Framework shall include guidance for measuring the performance of an entity in implementing the Cybersecurity Framework.
(c) The Cybersecurity Framework shall include methodologies to identify and mitigate impacts of the Cybersecurity Framework and associated information security measures or controls on business confidentiality, and to protect individual privacy and civil liberties.
(d) In developing the Cybersecurity Framework, the Director shall engage in an open public review and comment process. The Director shall also consult with the Secretary, the National Security Agency, Sector-Specific Agencies and other interested agencies including OMB, owners and operators of critical infrastructure, and other stakeholders through the consultative process established in section 6 of this order. The Secretary, the Director of National Intelligence, and the heads of other relevant agencies shall provide threat and vulnerability information and technical expertise to inform the development of the Cybersecurity Framework. The Secretary shall provide performance goals for the Cybersecurity Framework informed by work under section 9 of this order.
(e) Within 240 days of the date of this order, the Director shall publish a preliminary version of the Cybersecurity Framework (the "preliminary Framework"). Within 1 year of the date of this order, and after coordination with the Secretary to ensure suitability under section 8 of this order, the Director shall publish a final version of the Cybersecurity Framework (the "final Framework").
(f) Consistent with statutory responsibilities, the Director will ensure the Cybersecurity Framework and related guidance is reviewed and updated as necessary, taking into consideration technological changes, changes in cyber risks, operational feedback from owners and operators of critical infrastructure, experience from the implementation of section 8 of this order, and any other relevant factors.
(b) Sector-Specific Agencies, in consultation with the Secretary and other interested agencies, shall coordinate with the Sector Coordinating Councils to review the Cybersecurity Framework and, if necessary, develop implementation guidance or supplemental materials to address sector-specific risks and operating environments.
(c) Sector-Specific Agencies shall report annually to the President, through the Secretary, on the extent to which owners and operators notified under section 9 of this order are participating in the Program.
(d) The Secretary shall coordinate establishment of a set of incentives designed to promote participation in the Program. Within 120 days of the date of this order, the Secretary and the Secretaries of the Treasury and Commerce each shall make recommendations separately to the President, through the Assistant to the President for Homeland Security and Counterterrorism and the Assistant to the President for Economic Affairs, that shall include analysis of the benefits and relative effectiveness of such incentives, and whether the incentives would require legislation or can be provided under existing law and authorities to participants in the Program.
(e) Within 120 days of the date of this order, the Secretary of Defense and the Administrator of General Services, in consultation with the Secretary and the Federal Acquisition Regulatory Council, shall make recommendations to the President, through the Assistant to the President for Homeland Security and Counterterrorism and the Assistant to the President for Economic Affairs, on the feasibility, security benefits, and relative merits of incorporating security standards into acquisition planning and contract administration. The report shall address what steps can be taken to harmonize and make consistent existing procurement requirements related to cybersecurity.
(b) Heads of Sector-Specific Agencies and other relevant agencies shall provide the Secretary with information necessary to carry out the responsibilities under this section. The Secretary shall develop a process for other relevant stakeholders to submit information to assist in making the identifications required in subsection (a) of this section.
(c) The Secretary, in coordination with Sector-Specific Agencies, shall confidentially notify owners and operators of critical infrastructure identified under subsection (a) of this section that they have been so identified, and ensure identified owners and operators are provided the basis for the determination. The Secretary shall establish a process through which owners and operators of critical infrastructure may submit relevant information and request reconsideration of identifications under subsection (a) of this section.
(b) If current regulatory requirements are deemed to be insufficient, within 90 days of publication of the final Framework, agencies identified in subsection (a) of this section shall propose prioritized, risk-based, efficient, and coordinated actions, consistent with Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), Executive Order 13563 of January 18, 2011 (Improving Regulation and Regulatory Review), and Executive Order 13609 of May 1, 2012 (Promoting International Regulatory Cooperation), to mitigate cyber risk.
(c) Within 2 years after publication of the final Framework, consistent with Executive Order 13563 and Executive Order 13610 of May 10, 2012 (Identifying and Reducing Regulatory Burdens), agencies identified in subsection (a) of this section shall, in consultation with owners and operators of critical infrastructure, report to OMB on any critical infrastructure subject to ineffective, conflicting, or excessively burdensome cybersecurity requirements. This report shall describe efforts made by agencies, and make recommendations for further actions, to minimize or eliminate such requirements.
(d) The Secretary shall coordinate the provision of technical assistance to agencies identified in subsection (a) of this section on the development of their cybersecurity workforce and programs.
(e) Independent regulatory agencies with responsibility for regulating the security of critical infrastructure are encouraged to engage in a consultative process with the Secretary, relevant Sector-Specific Agencies, and other affected parties to consider prioritized actions to mitigate cyber risks for critical infrastructure consistent with their authorities.
(b) "Critical Infrastructure Partnership Advisory Council" means the council established by DHS under
(c) "Fair Information Practice Principles" means the eight principles set forth in Appendix A of the National Strategy for Trusted Identities in Cyberspace.
(d) "Independent regulatory agency" has the meaning given the term in
(e) "Sector Coordinating Council" means a private sector coordinating council composed of representatives of owners and operators within a particular sector of critical infrastructure established by the National Infrastructure Protection Plan or any successor.
(f) "Sector-Specific Agency" has the meaning given the term in Presidential Policy Directive–21 of February 12, 2013 (Critical Infrastructure Security and Resilience), or any successor.
(b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(c) All actions taken pursuant to this order shall be consistent with requirements and authorities to protect intelligence and law enforcement sources and methods. Nothing in this order shall be interpreted to supersede measures established under authority of law to protect the security and integrity of specific activities and associations that are in direct support of intelligence and law enforcement operations.
(d) This order shall be implemented consistent with U.S. international obligations.
(e) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
[Reference to the National Security Staff deemed to be a reference to the National Security Council Staff, see Ex. Ord. No. 13657, set out as a note under
[Reference to a Sector Specific Agency (including any permutations or conjugations thereof) deemed to be a reference to the Sector Risk Management Agency of the relevant critical infrastructure sector and have the meaning given such term in
Executive Order No. 13650
Ex. Ord. No. 13650, Aug. 1, 2013, 78 F.R. 48029, was transferred to a note set out under
Ex. Ord. No. 13691. Promoting Private Sector Cybersecurity Information Sharing
Ex. Ord. No. 13691, Feb. 13, 2015, 80 F.R. 9349, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Organizations engaged in the sharing of information related to cybersecurity risks and incidents play an invaluable role in the collective cybersecurity of the United States. The purpose of this order is to encourage the voluntary formation of such organizations, to establish mechanisms to continually improve the capabilities and functions of these organizations, and to better allow these organizations to partner with the Federal Government on a voluntary basis.
Such information sharing must be conducted in a manner that protects the privacy and civil liberties of individuals, that preserves business confidentiality, that safeguards the information being shared, and that protects the ability of the Government to detect, investigate, prevent, and respond to cyber threats to the public health and safety, national security, and economic security of the United States.
This order builds upon the foundation established by Executive Order 13636 of February 12, 2013 (Improving Critical Infrastructure Cybersecurity), and Presidential Policy Directive–21 (PPD–21) of February 12, 2013 (Critical Infrastructure Security and Resilience).
Policy coordination, guidance, dispute resolution, and periodic in-progress reviews for the functions and programs described and assigned herein shall be provided through the interagency process established in Presidential Policy Directive–l [sic] (PPD–l [PPD–1]) of February 13, 2009 (Organization of the National Security Council System), or any successor.
(b) ISAOs may be organized on the basis of sector, sub-sector, region, or any other affinity, including in response to particular emerging threats or vulnerabilities. ISAO membership may be drawn from the public or private sectors, or consist of a combination of public and private sector organizations. ISAOs may be formed as for-profit or nonprofit entities.
(c) The National Cybersecurity and Communications Integration Center (NCCIC), established under section 226(b) of the Homeland Security Act of 2002 (the "Act"), shall engage in continuous, collaborative, and inclusive coordination with ISAOs on the sharing of information related to cybersecurity risks and incidents, addressing such risks and incidents, and strengthening information security systems consistent with sections 212 and 226 of the Act.
(d) In promoting the formation of ISAOs, the Secretary shall consult with other Federal entities responsible for conducting cybersecurity activities, including Sector-Specific Agencies, independent regulatory agencies at their discretion, and national security and law enforcement agencies.
(b) To be selected, the SO must demonstrate the ability to engage and work across the broad community of organizations engaged in sharing information related to cybersecurity risks and incidents, including ISAOs, and associations and private companies engaged in information sharing in support of their customers.
(c) The agreement referenced in section 3(a) shall require that the SO engage in an open public review and comment process for the development of the standards referenced above, soliciting the viewpoints of existing entities engaged in sharing information related to cybersecurity risks and incidents, owners and operators of critical infrastructure, relevant agencies, and other public and private sector stakeholders.
(d) The Secretary shall support the development of these standards and, in carrying out the requirements set forth in this section, shall consult with the Office of Management and Budget, the National Institute of Standards and Technology in the Department of Commerce, Department of Justice, the Information Security Oversight Office in the National Archives and Records Administration, the Office of the Director of National Intelligence, Sector-Specific Agencies, and other interested Federal entities. All standards shall be consistent with voluntary international standards when such international standards will advance the objectives of this order, and shall meet the requirements of the National Technology Transfer and Advancement Act of 1995 (
(b) Other Federal entities responsible for conducting cybersecurity and related activities to address threats to the public health and safety, national security, and economic security, consistent with the objectives of this order, may participate in activities under these agreements.
(c) The Secretary will determine the eligibility of ISAOs and their members for any necessary facility or personnel security clearances associated with voluntary agreements in accordance with Executive Order 13549 of August 18, 2010 (Classified National Security Information Programs for State, Local, Tribal, and Private Sector Entities), and Executive Order 12829 of January 6, 1993 (National Industrial Security Program), as amended, including as amended by this order.
(b) Senior privacy and civil liberties officials for agencies engaged in activities under this order shall conduct assessments of their agency's activities and provide those assessments to the Department of Homeland Security (DHS) Chief Privacy Officer and the DHS Office for Civil Rights and Civil Liberties for consideration and inclusion in the Privacy and Civil Liberties Assessment report required under Executive Order 13636.
(b) "Critical infrastructure protection program" has the meaning given the term in section 212(4) of the Critical Infrastructure Information Act of 2002.
(c) "Cybersecurity risk" has the meaning given the term in section 226(a)(1) of the Homeland Security Act of 2002 (as amended by the National Cybersecurity Protection Act of 2014).
(d) "Fair Information Practice Principles" means the eight principles set forth in Appendix A of the National Strategy for Trusted Identities in Cyberspace.
(e) "Incident" has the meaning given the term in section 226(a)(2) of the Homeland Security Act of 2002 (as amended by the National Cybersecurity Protection Act of 2014).
(f) "Information Sharing and Analysis Organization" has the meaning given the term in section 212(5) of the Critical Infrastrucure Information Act of 2002.
(g) "Sector-Specific Agency" has the meaning given the term in PPD–21, or any successor.
(i) the authority granted by law or Executive Order to an agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. Nothing in this order shall be construed to alter or limit any authority or responsibility of an agency under existing law including those activities conducted with the private sector relating to criminal and national security threats. Nothing in this order shall be construed to provide an agency with authority for regulating the security of critical infrastructure in addition to or to a greater extent than the authority the agency has under existing law.
(c) All actions taken pursuant to this order shall be consistent with requirements and authorities to protect intelligence and law enforcement sources and methods.
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
[Reference to a Sector Specific Agency (including any permutations or conjugations thereof) deemed to be a reference to the Sector Risk Management Agency of the relevant critical infrastructure sector and have the meaning given such term in
1 So in original. The comma probably should not appear.
§121a. Homeland Security Intelligence Program
There is established within the Department of Homeland Security a Homeland Security Intelligence Program. The Homeland Security Intelligence Program constitutes the intelligence activities of the Office of Intelligence and Analysis of the Department that serve predominantly departmental missions.
(
Editorial Notes
Codification
Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2013, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
§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 National Intelligence, under any provision of the following:
(1) The USA PATRIOT Act of 2001 (
(2)
(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
(2) Sharing of information
The Secretary, in consultation with the Director of National 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.
(
Editorial Notes
References in Text
The USA PATRIOT Act of 2001, referred to in subsec. (c)(1), is
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
Amendments
2018—Subsecs. (c), (d)(2).
1 So in original. There probably should be a closing parenthesis after "50".
§123. 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 7201,1 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.
(
Editorial Notes
References in Text
Section 7201, referred to in subsec. (a), is section 7201 of
Codification
Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Amendments
2007—
Statutory Notes and Related Subsidiaries
National Strategy To Combat Terrorist Travel
"(a)
"(1) continue to regularly assess the evolving terrorist threat to the United States;
"(2) catalog existing Federal Government efforts to obstruct terrorist and foreign fighter travel into, out of, and within the United States, and overseas;
"(3) identify such efforts that may benefit from reform or consolidation, or require elimination;
"(4) identify potential security vulnerabilities in United States defenses against terrorist travel; and
"(5) prioritize resources to address any such security vulnerabilities in a risk-based manner.
"(b)
"(1)
"(2)
"(3)
"(A) include an accounting and description of all Federal Government programs, projects, and activities designed to constrain domestic and international travel by terrorists and foreign fighters;
"(B) identify specific security vulnerabilities within the United States and outside of the United States that may be exploited by terrorists and foreign fighters;
"(C) delineate goals for—
"(i) closing the security vulnerabilities identified under subparagraph (B); and
"(ii) enhancing the ability of the Federal Government to constrain domestic and international travel by terrorists and foreign fighters; and
"(D) describe the actions that will be taken to achieve the goals delineated under subparagraph (C) and the means needed to carry out such actions, including—
"(i) steps to reform, improve, and streamline existing Federal Government efforts to align with the current threat environment;
"(ii) new programs, projects, or activities that are requested, under development, or undergoing implementation;
"(iii) new authorities or changes in existing authorities needed from Congress;
"(iv) specific budget adjustments being requested to enhance United States security in a risk-based manner; and
"(v) the Federal departments and agencies responsible for the specific actions described in this subparagraph.
"(4)
"(c)
"(d)
"(1)
"(2)
"(e)
"(1) in the House of Representatives—
"(A) the Committee on Homeland Security;
"(B) the Committee on Armed Services;
"(C) the Permanent Select Committee on Intelligence;
"(D) the Committee on the Judiciary;
"(E) the Committee on Foreign Affairs;
"(F) the Committee on Appropriations; and
"(2) in the Senate—
"(A) the Committee on Homeland Security and Governmental Affairs;
"(B) the Committee on Armed Services;
"(C) the Select Committee on Intelligence;
"(D) the Committee on the Judiciary;
"(E) the Committee on Foreign Relations; and
"(F) the Committee on Appropriations.
"(f)
"(1) the national strategy (including updates thereto), and
"(2) the implementation plan (including updates thereto),
required under this section that relate to maritime travel into and out of the United States."
1 See References in Text note below.
§124. Homeland Security Advisory System
(a) Requirement
The Secretary shall administer the Homeland Security Advisory System in accordance with this section to provide advisories or warnings regarding the threat or risk that acts of terrorism will be committed on the homeland to Federal, State, local, and tribal government authorities and to the people of the United States, as appropriate. The Secretary shall exercise primary responsibility for providing such advisories or warnings.
(b) Required elements
In administering the Homeland Security Advisory System, the Secretary shall—
(1) establish criteria for the issuance and revocation of such advisories or warnings;
(2) develop a methodology, relying on the criteria established under paragraph (1), for the issuance and revocation of such advisories or warnings;
(3) provide, in each such advisory or warning, specific information and advice regarding appropriate protective measures and countermeasures that may be taken in response to the threat or risk, at the maximum level of detail practicable to enable individuals, government entities, emergency response providers, and the private sector to act appropriately;
(4) whenever possible, limit the scope of each such advisory or warning to a specific region, locality, or economic sector believed to be under threat or at risk; and
(5) not, in issuing any advisory or warning, use color designations as the exclusive means of specifying homeland security threat conditions that are the subject of the advisory or warning.
(
§124a. Homeland security information sharing
(a) Information sharing
Consistent with
(b) Information sharing and knowledge management officers
For each intelligence component of the Department, the Secretary shall designate an information sharing and knowledge management officer who shall report to the Under Secretary for Intelligence and Analysis regarding coordinating the different systems used in the Department to gather and disseminate homeland security information or national intelligence (as defined in
(c) State, local, and private-sector sources of information
(1) Establishment of business processes
The Secretary, acting through the Under Secretary for Intelligence and Analysis or the Director of the Cybersecurity and Infrastructure Security Agency, as appropriate, shall—
(A) establish Department-wide procedures for the review and analysis of information provided by State, local, and tribal governments and the private sector;
(B) as appropriate, integrate such information into the information gathered by the Department and other departments and agencies of the Federal Government; and
(C) make available such information, as appropriate, within the Department and to other departments and agencies of the Federal Government.
(2) Feedback
The Secretary shall develop mechanisms to provide feedback regarding the analysis and utility of information provided by any entity of State, local, or tribal government or the private sector that provides such information to the Department.
(d) Training and evaluation of employees
(1) Training
The Secretary, acting through the Under Secretary for Intelligence and Analysis or the Director of the Cybersecurity and Infrastructure Security Agency, as appropriate, shall provide to employees of the Department opportunities for training and education to develop an understanding of—
(A) the definitions of homeland security information and national intelligence (as defined in
(B) how information available to such employees as part of their duties—
(i) might qualify as homeland security information or national intelligence; and
(ii) might be relevant to the Office of Intelligence and Analysis and the intelligence components of the Department.
(2) Evaluations
The Under Secretary for Intelligence and Analysis shall—
(A) on an ongoing basis, evaluate how employees of the Office of Intelligence and Analysis and the intelligence components of the Department are utilizing homeland security information or national intelligence, sharing information within the Department, as described in this subchapter, and participating in the information sharing environment established under
(B) provide to the appropriate component heads regular reports regarding the evaluations under subparagraph (A).
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (d)(2)(A), was in the original "this title", meaning title II of
Amendments
2018—Subsecs. (c)(1), (d)(1).
Statutory Notes and Related Subsidiaries
Receipt of Information From United States Secret Service
"(1)
"(2)
§124b. Comprehensive information technology network architecture
(a) Establishment
The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall establish, consistent with the policies and procedures developed under
(b) Comprehensive information technology network architecture defined
The term "comprehensive information technology network architecture" means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the strategic management and information resources management goals of the Office of Intelligence and Analysis.
(
§124c. Coordination with information sharing environment
(a) Guidance
All activities to comply with
(1) consistent with any policies, guidelines, procedures, instructions, or standards established under
(2) implemented in coordination with, as appropriate, the program manager for the information sharing environment established under that section;
(3) consistent with any applicable guidance issued by the Director of National Intelligence; and
(4) consistent with any applicable guidance issued by the Secretary relating to the protection of law enforcement information or proprietary information.
(b) Consultation
In carrying out the duties and responsibilities under this part, the Under Secretary for Intelligence and Analysis shall take into account the views of the heads of the intelligence components of the Department.
(
§124d. Intelligence components
Subject to the direction and control of the Secretary, and consistent with any applicable guidance issued by the Director of National Intelligence, the responsibilities of the head of each intelligence component of the Department are as follows:
(1) To ensure that the collection, processing, analysis, and dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, weapons of mass destruction information, and national intelligence (as defined in
(2) To otherwise support and implement the intelligence mission of the Department, as led by the Under Secretary for Intelligence and Analysis.
(3) To incorporate the input of the Under Secretary for Intelligence and Analysis with respect to performance appraisals, bonus or award recommendations, pay adjustments, and other forms of commendation.
(4) To coordinate with the Under Secretary for Intelligence and Analysis in developing policies and requirements for the recruitment and selection of intelligence officials of the intelligence component.
(5) To advise and coordinate with the Under Secretary for Intelligence and Analysis on any plan to reorganize or restructure the intelligence component that would, if implemented, result in realignments of intelligence functions.
(6) To ensure that employees of the intelligence component have knowledge of, and comply with, the programs and policies established by the Under Secretary for Intelligence and Analysis and other appropriate officials of the Department and that such employees comply with all applicable laws and regulations.
(7) To perform such other activities relating to such responsibilities as the Secretary may provide.
(
§124e. Training for employees of intelligence components
The Secretary shall provide training and guidance for employees, officials, and senior executives of the intelligence components of the Department to develop knowledge of laws, regulations, operations, policies, procedures, and programs that are related to the functions of the Department relating to the collection, processing, analysis, and dissemination of 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 in
(
§124f. Intelligence training development for State and local government officials
(a) Curriculum
The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall—
(1) develop a curriculum for training State, local, and tribal government officials, including law enforcement officers, intelligence analysts, and other emergency response providers, in the intelligence cycle and Federal laws, practices, and regulations regarding the development, handling, and review of intelligence and other information; and
(2) ensure that the curriculum includes executive level training for senior level State, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers.
(b) Training
To the extent possible, the Federal Law Enforcement Training Center and other existing Federal entities with the capacity and expertise to train State, local, and tribal government officials based on the curriculum developed under subsection (a) shall be used to carry out the training programs created under this section. If such entities do not have the capacity, resources, or capabilities to conduct such training, the Secretary may approve another entity to conduct such training.
(c) Consultation
In carrying out the duties described in subsection (a), the Under Secretary for Intelligence and Analysis shall consult with the Director of the Federal Law Enforcement Training Center, the Attorney General, the Director of National Intelligence, the Administrator of the Federal Emergency Management Agency, and other appropriate parties, such as private industry, institutions of higher education, nonprofit institutions, and other intelligence agencies of the Federal Government.
(
§124g. Information sharing incentives
(a) Awards
In making cash awards under
(b) Other incentives
The head of each department or agency described in
(1) promotions and other nonmonetary awards; and
(2) publicizing information sharing accomplishments by individual employees and, where appropriate, the tangible end benefits that resulted.
(
Editorial Notes
Amendments
2022—Subsec. (b).
1 So in original. A closing parenthesis probably should precede the comma.
§124h. Department of Homeland Security State, Local, and Regional Fusion Center Initiative
(a) Establishment
The Secretary, in consultation with the program manager of the information sharing environment established under
(b) Department support and coordination
Through the Department of Homeland Security State, Local, and Regional Fusion Center Initiative, and in coordination with the principal officials of participating State, local, or regional fusion centers and the officers designated as the Homeland Security Advisors of the States, the Secretary shall—
(1) provide operational and intelligence advice and assistance to State, local, and regional fusion centers;
(2) support efforts to include State, local, and regional fusion centers into efforts to establish an information sharing environment;
(3) conduct tabletop and live training exercises to regularly assess the capability of individual and regional networks of State, local, and regional fusion centers to integrate the efforts of such networks with the efforts of the Department;
(4) coordinate with other relevant Federal entities engaged in homeland security-related activities;
(5) provide analytic and reporting advice and assistance to State, local, and regional fusion centers;
(6) review information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is gathered by State, local, and regional fusion centers, and to incorporate such information, as appropriate, into the Department's own such information;
(7) provide management assistance to State, local, and regional fusion centers;
(8) serve as a point of contact to ensure the dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information;
(9) facilitate close communication and coordination between State, local, and regional fusion centers and the Department;
(10) provide State, local, and regional fusion centers with expertise on Department resources and operations;
(11) provide training to State, local, and regional fusion centers and encourage such fusion centers to participate in terrorism threat-related exercises conducted by the Department; and
(12) carry out such other duties as the Secretary determines are appropriate.
(c) Personnel assignment
(1) In general
The Under Secretary for Intelligence and Analysis shall, to the maximum extent practicable, assign officers and intelligence analysts from components of the Department to participating State, local, and regional fusion centers.
(2) Personnel sources
Officers and intelligence analysts assigned to participating fusion centers under this subsection may be assigned from the following Department components, in coordination with the respective component head and in consultation with the principal officials of participating fusion centers:
(A) Office of Intelligence and Analysis.
(B) Cybersecurity and Infrastructure Security Agency.
(C) Transportation Security Administration.
(D) United States Customs and Border Protection.
(E) United States Immigration and Customs Enforcement.
(F) United States Coast Guard.
(G) Other components of the Department, as determined by the Secretary.
(3) Qualifying criteria
(A) In general
The Secretary shall develop qualifying criteria for a fusion center to participate in the assigning of Department officers or intelligence analysts under this section.
(B) Criteria
Any criteria developed under subparagraph (A) may include—
(i) whether the fusion center, through its mission and governance structure, focuses on a broad counterterrorism approach, and whether that broad approach is pervasive through all levels of the organization;
(ii) whether the fusion center has sufficient numbers of adequately trained personnel to support a broad counterterrorism mission;
(iii) whether the fusion center has—
(I) access to relevant law enforcement, emergency response, private sector, open source, and national security data; and
(II) the ability to share and analytically utilize that data for lawful purposes;
(iv) whether the fusion center is adequately funded by the State, local, or regional government to support its counterterrorism mission; and
(v) the relevancy of the mission of the fusion center to the particular source component of Department officers or intelligence analysts.
(4) Prerequisite
(A) Intelligence analysis, privacy, and civil liberties training
Before being assigned to a fusion center under this section, an officer or intelligence analyst shall undergo—
(i) appropriate intelligence analysis or information sharing training using an intelligence-led policing curriculum that is consistent with—
(I) standard training and education programs offered to Department law enforcement and intelligence personnel; and
(II) the Criminal Intelligence Systems Operating Policies under part 23 of title 28, Code of Federal Regulations (or any corresponding similar rule or regulation);
(ii) appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer appointed under
(iii) such other training prescribed by the Under Secretary for Intelligence and Analysis.
(B) Prior work experience in area
In determining the eligibility of an officer or intelligence analyst to be assigned to a fusion center under this section, the Under Secretary for Intelligence and Analysis shall consider the familiarity of the officer or intelligence analyst with the State, locality, or region, as determined by such factors as whether the officer or intelligence analyst—
(i) has been previously assigned in the geographic area; or
(ii) has previously worked with intelligence officials or law enforcement or other emergency response providers from that State, locality, or region.
(5) Expedited security clearance processing
The Under Secretary for Intelligence and Analysis—
(A) shall ensure that each officer or intelligence analyst assigned to a fusion center under this section has the appropriate security clearance to contribute effectively to the mission of the fusion center; and
(B) may request that security clearance processing be expedited for each such officer or intelligence analyst and may use available funds for such purpose.
(6) Further qualifications
Each officer or intelligence analyst assigned to a fusion center under this section shall satisfy any other qualifications the Under Secretary for Intelligence and Analysis may prescribe.
(d) Responsibilities
An officer or intelligence analyst assigned to a fusion center under this section shall—
(1) assist law enforcement agencies and other emergency response providers of State, local, and tribal governments and fusion center personnel in using information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to develop a comprehensive and accurate threat picture;
(2) review homeland security-relevant information from law enforcement agencies and other emergency response providers of State, local, and tribal government;
(3) create intelligence and other information products derived from such information and other homeland security-relevant information provided by the Department; and
(4) assist in the dissemination of such products, as coordinated by the Under Secretary for Intelligence and Analysis, to law enforcement agencies and other emergency response providers of State, local, and tribal government, other fusion centers, and appropriate Federal agencies.
(e) Border intelligence priority
(1) In general
The Secretary shall make it a priority to assign officers and intelligence analysts under this section from United States Customs and Border Protection, United States Immigration and Customs Enforcement, and the Coast Guard to participating State, local, and regional fusion centers located in jurisdictions along land or maritime borders of the United States in order to enhance the integrity of and security at such borders by helping Federal, State, local, and tribal law enforcement authorities to identify, investigate, and otherwise interdict persons, weapons, and related contraband that pose a threat to homeland security.
(2) Border intelligence products
When performing the responsibilities described in subsection (d), officers and intelligence analysts assigned to participating State, local, and regional fusion centers under this section shall have, as a primary responsibility, the creation of border intelligence products that—
(A) assist State, local, and tribal law enforcement agencies in deploying their resources most efficiently to help detect and interdict terrorists, weapons of mass destruction, and related contraband at land or maritime borders of the United States;
(B) promote more consistent and timely sharing of border security-relevant information among jurisdictions along land or maritime borders of the United States; and
(C) enhance the Department's situational awareness of the threat of acts of terrorism at or involving the land or maritime borders of the United States.
(f) Database access
In order to fulfill the objectives described under subsection (d), each officer or intelligence analyst assigned to a fusion center under this section shall have appropriate access to all relevant Federal databases and information systems, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment for the implementation and management of that environment.
(g) Consumer feedback
(1) In general
The Secretary shall create a voluntary mechanism for any State, local, or tribal law enforcement officer or other emergency response provider who is a consumer of the intelligence or other information products referred to in subsection (d) to provide feedback to the Department on the quality and utility of such intelligence products.
(2) Report
Not later than one year after August 3, 2007, and annually thereafter, the Secretary 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 that includes a description of the consumer feedback obtained under paragraph (1) and, if applicable, how the Department has adjusted its production of intelligence products in response to that consumer feedback.
(h) Rule of construction
(1) In general
The authorities granted under this section shall supplement the authorities granted under
(2) Participation
Nothing in this section shall be construed to require a State, local, or regional government or entity to accept the assignment of officers or intelligence analysts of the Department into the fusion center of that State, locality, or region.
(i) Guidelines
The Secretary, in consultation with the Attorney General, shall establish guidelines for fusion centers created and operated by State and local governments, to include standards that any such fusion center shall—
(1) collaboratively develop a mission statement, identify expectations and goals, measure performance, and determine effectiveness for that fusion center;
(2) create a representative governance structure that includes law enforcement officers and other emergency response providers and, as appropriate, the private sector;
(3) create a collaborative environment for the sharing of intelligence and information among Federal, State, local, and tribal government agencies (including law enforcement officers and other emergency response providers), the private sector, and the public, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment;
(4) leverage the databases, systems, and networks available from public and private sector entities, in accordance with all applicable laws, to maximize information sharing;
(5) develop, publish, and adhere to a privacy and civil liberties policy consistent with Federal, State, and local law;
(6) provide, in coordination with the Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, appropriate privacy and civil liberties training for all State, local, tribal, and private sector representatives at the fusion center;
(7) ensure appropriate security measures are in place for the facility, data, and personnel;
(8) select and train personnel based on the needs, mission, goals, and functions of that fusion center;
(9) offer a variety of intelligence and information services and products to recipients of fusion center intelligence and information; and
(10) incorporate law enforcement officers, other emergency response providers, and, as appropriate, the private sector, into all relevant phases of the intelligence and fusion process, consistent with the mission statement developed under paragraph (1), either through full time representatives or liaison relationships with the fusion center to enable the receipt and sharing of information and intelligence.
(j) Fusion center information sharing strategy
Not later than 1 year after March 2, 2020, and not less frequently than once every 5 years thereafter, the Secretary shall develop or update a strategy for Department engagement with fusion centers. Such strategy shall be developed and updated in consultation with the heads of intelligence components of the Department, the Chief Privacy Officer, the Officer for Civil Rights and Civil Liberties, officials of fusion centers, officers designated as Homeland Security Advisors, and the heads of other relevant agencies, as appropriate. Such strategy shall include the following:
(1) Specific goals and objectives for sharing information and engaging with fusion centers—
(A) through the direct deployment of personnel from intelligence components of the Department;
(B) through the use of Department unclassified and classified information sharing systems, including the Homeland Security Information Network and the Homeland Secure Data Network, or any successor systems; and
(C) through any additional means.
(2) The performance metrics to be used to measure success in achieving the goals and objectives referred to in paragraph (1).
(3) A 5-year plan for continued engagement with fusion centers.
(k) Definitions
In this section—
(1) the term "fusion center" means a collaborative effort of 2 or more Federal, State, local, or tribal government agencies that combines resources, expertise, or information with the goal of maximizing the ability of such agencies to detect, prevent, investigate, apprehend, and respond to criminal or terrorist activity;
(2) the term "information sharing environment" means the information sharing environment established under
(3) the term "intelligence analyst" means an individual who regularly advises, administers, supervises, or performs work in the collection, gathering, analysis, evaluation, reporting, production, or dissemination of information on political, economic, social, cultural, physical, geographical, scientific, or military conditions, trends, or forces in foreign or domestic areas that directly or indirectly affect national security;
(4) the term "intelligence-led policing" means the collection and analysis of information to produce an intelligence end product designed to inform law enforcement decision making at the tactical and strategic levels; and
(5) the term "terrorism information" has the meaning given that term in
(l) Authorization of appropriations
There is authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2012, to carry out this section, except for subsection (i), including for hiring officers and intelligence analysts to replace officers and intelligence analysts who are assigned to fusion centers under this section.
(
Editorial Notes
Amendments
2020—Subsecs. (j) to (l).
2018—Subsec. (c)(2)(B).
Statutory Notes and Related Subsidiaries
Office of Intelligence and Analysis Field Personnel Support to Fusion Centers
"(a)
"(1) consider the effectiveness of existing processes to identify and prepare field personnel for deployment to support fusion centers and internal mechanisms to ensure oversight and accountability of such field personnel, including field personnel assigned to one center and field personnel assigned to multiple centers; and
"(2) publish and disseminate performance metrics, taking into account, as appropriate, regional and threat diversity, for—
"(A) field personnel from the Office of Intelligence and Analysis assigned to an individual fusion center;
"(B) field personnel from the Office of Intelligence and Analysis assigned to multiple fusion centers; and
"(C) Regional Directors of the Office of Intelligence and Analysis to ensure accountability for monitoring all field personnel under the supervision of such Regional Directors.
"(b)
"(c)
Training for Predeployed Officers and Analysts
§124h–1. Threat information sharing
(a) Prioritization
The Secretary of Homeland Security shall prioritize the assignment of officers and intelligence analysts under
(b) Intelligence products
Officers and intelligence analysts assigned to locations with participating State, local, and regional fusion centers under this section shall participate in the generation and dissemination of transportation security intelligence products, with an emphasis on such products that relate to threats of terrorism and other threats, including targeted violence, to surface transportation assets that—
(1) assist State, local, and Tribal law enforcement agencies in deploying their resources, including personnel, most efficiently to help detect, prevent, investigate, apprehend, and respond to such threats;
(2) promote more consistent and timely sharing with and among jurisdictions of threat information; and
(3) enhance the Department of Homeland Security's situational awareness of such threats.
(c) Clearances
The Secretary of Homeland Security shall make available to appropriate owners and operators of surface transportation assets, and to any other person that the Secretary determines appropriate to foster greater sharing of classified information relating to threats of terrorism and other threats, including targeted violence, to surface transportation assets, the process of application for security clearances under Executive Order No. 13549 (75 Fed. Reg. 162; 1 relating to a classified national security information program) or any successor Executive order.
(d) Report to Congress
Not later than one year after December 27, 2021, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that includes a detailed description of the measures used to ensure privacy rights, civil rights, and civil liberties protections in carrying out this section.
(e) GAO report
Not later than two years after December 27, 2021, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review of the implementation of this section, including an assessment of the measures used to ensure privacy rights, civil rights, and civil liberties protections, and any recommendations to improve this implementation, together with any recommendations to improve information sharing with State, local, Tribal, territorial, and private sector entities to prevent, identify, and respond to threats of terrorism and other threats, including targeted violence, to surface transportation assets.
(f) Definitions
In this section:
(1) The term "surface transportation asset" includes facilities, equipment, or systems used to provide transportation services by—
(A) a public transportation agency (as such term is defined in
(B) a railroad carrier (as such term is defined in
(C) an owner or operator of—
(i) an entity offering scheduled, fixed-route transportation services by over-the-road bus (as such term is defined in
(ii) a bus terminal; or
(D) other transportation facilities, equipment, or systems, as determined by the Secretary.
(2) The term "targeted violence" means an incident of violence in which an attacker selected a particular target in order to inflict mass injury or death with no discernable political or ideological motivation beyond mass injury or death.
(3) The term "terrorism" means the terms—
(A) domestic terrorism (as such term is defined in
(B) international terrorism (as such term is defined in
(
Editorial Notes
References in Text
Executive Order No. 13549, referred to in subsec. (c), is Ex. Ord. No. 13549, Aug. 18, 2010, 75 F.R. 51609, which is set out as a note under
Codification
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2022, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
1 So in original. Probably should be "51609;".
§124i. Homeland Security Information Sharing Fellows Program
(a) Establishment
(1) In general
The Secretary, acting through the Under Secretary for Intelligence and Analysis, and in consultation with the Chief Human Capital Officer, shall establish a fellowship program in accordance with this section for the purpose of—
(A) detailing State, local, and tribal law enforcement officers and intelligence analysts to the Department in accordance with subchapter VI of
(i) the relevant missions and capabilities of the Department and other Federal agencies; and
(ii) the role, programs, products, and personnel of the Office of Intelligence and Analysis; and
(B) promoting information sharing between the Department and State, local, and tribal law enforcement officers and intelligence analysts by assigning such officers and analysts to—
(i) serve as a point of contact in the Department to assist in the representation of State, local, and tribal information requirements;
(ii) identify information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is of interest to State, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers;
(iii) assist Department analysts in preparing and disseminating products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are tailored to State, local, and tribal law enforcement officers and intelligence analysts and designed to prepare for and thwart acts of terrorism; and
(iv) assist Department analysts in preparing products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are tailored to State, local, and tribal emergency response providers and assist in the dissemination of such products through appropriate Department channels.
(2) Program name
The program under this section shall be known as the "Homeland Security Information Sharing Fellows Program".
(b) Eligibility
(1) In general
In order to be eligible for selection as an Information Sharing Fellow under the program under this section, an individual shall—
(A) have homeland security-related responsibilities;
(B) be eligible for an appropriate security clearance;
(C) possess a valid need for access to classified information, as determined by the Under Secretary for Intelligence and Analysis;
(D) be an employee of an eligible entity; and
(E) have undergone appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer and the Officer for Civil Rights and Civil Liberties, in consultation with the Privacy and Civil Liberties Oversight Board established under
(2) Eligible entities
In this subsection, the term "eligible entity" means—
(A) a State, local, or regional fusion center;
(B) a State or local law enforcement or other government entity that serves a major metropolitan area, suburban area, or rural area, as determined by the Secretary;
(C) a State or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the Secretary;
(D) a tribal law enforcement or other authority; or
(E) such other entity as the Secretary determines is appropriate.
(c) Optional participation
No State, local, or tribal law enforcement or other government entity shall be required to participate in the Homeland Security Information Sharing Fellows Program.
(d) Procedures for nomination and selection
(1) In general
The Under Secretary for Intelligence and Analysis shall establish procedures to provide for the nomination and selection of individuals to participate in the Homeland Security Information Sharing Fellows Program.
(2) Limitations
The Under Secretary for Intelligence and Analysis shall—
(A) select law enforcement officers and intelligence analysts representing a broad cross-section of State, local, and tribal agencies; and
(B) ensure that the number of Information Sharing Fellows selected does not impede the activities of the Office of Intelligence and Analysis.
(
§124j. Rural Policing Institute
(a) In general
The Secretary shall establish a Rural Policing Institute, which shall be administered by the Federal Law Enforcement Training Center, to target training to law enforcement agencies and other emergency response providers located in rural areas. The Secretary, through the Rural Policing Institute, shall—
(1) evaluate the needs of law enforcement agencies and other emergency response providers in rural areas;
(2) develop expert training programs designed to address the needs of law enforcement agencies and other emergency response providers in rural areas as identified in the evaluation conducted under paragraph (1), including training programs about intelligence-led policing and protections for privacy, civil rights, and civil liberties;
(3) provide the training programs developed under paragraph (2) to law enforcement agencies and other emergency response providers in rural areas; and
(4) conduct outreach efforts to ensure that local and tribal governments in rural areas are aware of the training programs developed under paragraph (2) so they can avail themselves of such programs.
(b) Curricula
The training at the Rural Policing Institute established under subsection (a) shall—
(1) be configured in a manner so as not to duplicate or displace any law enforcement or emergency response program of the Federal Law Enforcement Training Center or a local or tribal government entity in existence on August 3, 2007; and
(2) to the maximum extent practicable, be delivered in a cost-effective manner at facilities of the Department, on closed military installations with adequate training facilities, or at facilities operated by the participants.
(c) Definition
In this section, the term "rural" means an area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget.
(d) Authorization of appropriations
There are authorized to be appropriated to carry out this section (including for contracts, staff, and equipment)—
(1) $10,000,000 for fiscal year 2008; and
(2) $5,000,000 for each of fiscal years 2009 through 2013.
(
Statutory Notes and Related Subsidiaries
Rural Area
§124k. Interagency Threat Assessment and Coordination Group
(a) In general
To improve the sharing of information within the scope of the information sharing environment established under
(b) Composition of ITACG
The ITACG shall consist of—
(1) an ITACG Advisory Council to set policy and develop processes for the integration, analysis, and dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; and
(2) an ITACG Detail comprised of State, local, and tribal homeland security and law enforcement officers and intelligence analysts detailed to work in the National Counterterrorism Center with Federal intelligence analysts for the purpose of integrating, analyzing, and assisting in the dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, through appropriate channels identified by the ITACG Advisory Council.
(c) Responsibilities of Secretary
The Secretary, or the Secretary's designee, in coordination with the Director of the National Counterterrorism Center and the ITACG Advisory Council, shall—
(1) create policies and standards for the creation of information products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are suitable for dissemination to State, local, and tribal governments and the private sector;
(2) evaluate and develop processes for the timely dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to State, local, and tribal governments and the private sector;
(3) establish criteria and a methodology for indicating to State, local, and tribal governments and the private sector the reliability of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, disseminated to them;
(4) educate the intelligence community about the requirements of the State, local, and tribal homeland security, law enforcement, and other emergency response providers regarding information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information;
(5) establish and maintain the ITACG Detail, which shall assign an appropriate number of State, local, and tribal homeland security and law enforcement officers and intelligence analysts to work in the National Counterterrorism Center who shall—
(A) educate and advise National Counterterrorism Center intelligence analysts about the requirements of the State, local, and tribal homeland security and law enforcement officers, and other emergency response providers regarding information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information;
(B) assist National Counterterrorism Center intelligence analysts in integrating, analyzing, and otherwise preparing versions of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information that are unclassified or classified at the lowest possible level and suitable for dissemination to State, local, and tribal homeland security and law enforcement agencies in order to help deter and prevent terrorist attacks;
(C) implement, in coordination with National Counterterrorism Center intelligence analysts, the policies, processes, procedures, standards, and guidelines developed by the ITACG Advisory Council;
(D) assist in the dissemination of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to State, local, and tribal jurisdictions only through appropriate channels identified by the ITACG Advisory Council;
(E) make recommendations, as appropriate, to the Secretary or the Secretary's designee, for the further dissemination of intelligence products that could likely inform or improve the security of a State, local, or tribal government, (including a State, local, or tribal law enforcement agency) or a private sector entity; and
(F) report directly to the senior intelligence official from the Department under paragraph (6);
(6) detail a senior intelligence official from the Department of Homeland Security to the National Counterterrorism Center, who shall—
(A) manage the day-to-day operations of the ITACG Detail;
(B) report directly to the Director of the National Counterterrorism Center or the Director's designee; and
(C) in coordination with the Director of the Federal Bureau of Investigation, and subject to the approval of the Director of the National Counterterrorism Center, select a deputy from the pool of available detailees from the Federal Bureau of Investigation in the National Counterterrorism Center;
(7) establish, within the ITACG Advisory Council, a mechanism to select law enforcement officers and intelligence analysts for placement in the National Counterterrorism Center consistent with paragraph (5), using criteria developed by the ITACG Advisory Council that shall encourage participation from a broadly representative group of State, local, and tribal homeland security and law enforcement agencies; and
(8) compile an annual assessment of the ITACG Detail's performance, including summaries of customer feedback, in preparing, disseminating, and requesting the dissemination of intelligence products intended for State, local and tribal government (including State, local, and tribal law enforcement agencies) and private sector entities.
(d) Membership
The Secretary, or the Secretary's designee, shall serve as the chair of the ITACG Advisory Council, which shall include—
(1) representatives of—
(A) the Department;
(B) the Federal Bureau of Investigation;
(C) the National Counterterrorism Center;
(D) the Department of Defense;
(E) the Department of Energy;
(F) the Department of State; and
(G) other Federal entities as appropriate;
(2) the program manager of the information sharing environment, designated under
(3) executive level law enforcement and intelligence officials from State, local, and tribal governments.
(e) Criteria
The Secretary, in consultation with the Director of National Intelligence, the Attorney General, and the program manager of the information sharing environment established under
(1) establish procedures for selecting members of the ITACG Advisory Council and for the proper handling and safeguarding of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, by those members; and
(2) ensure that at least 50 percent of the members of the ITACG Advisory Council are from State, local, and tribal governments.
(f) Operations
(1) In general
Beginning not later than 90 days after August 3, 2007, the ITACG Advisory Council shall meet regularly, but not less than quarterly, at the facilities of the National Counterterrorism Center of the Office of the Director of National Intelligence.
(2) Management
Pursuant to section 3056(f)(E) 1 of title 50, the Director of the National Counterterrorism Center, acting through the senior intelligence official from the Department of Homeland Security detailed pursuant to subsection (d)(6),2 shall ensure that—
(A) the products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, prepared by the National Counterterrorism Center and the ITACG Detail for distribution to State, local, and tribal homeland security and law enforcement agencies reflect the requirements of such agencies and are produced consistently with the policies, processes, procedures, standards, and guidelines established by the ITACG Advisory Council;
(B) in consultation with the ITACG Advisory Council and consistent with sections 3024(f)(1)(B)(iii) and 3056(f)(E) 1 of title 50, all products described in subparagraph (A) are disseminated through existing channels of the Department and the Department of Justice and other appropriate channels to State, local, and tribal government officials and other entities;
(C) all detailees under subsection (d)(5) 2 have appropriate access to all relevant information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, available at the National Counterterrorism Center in order to accomplish the objectives under that paragraph;
(D) all detailees under subsection (d)(5) 2 have the appropriate security clearances and are trained in the procedures for handling, processing, storing, and disseminating classified products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; and
(E) all detailees under subsection (d)(5) 2 complete appropriate privacy and civil liberties training.
(g) Inapplicability of chapter 10 of title 5
(h) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section, including to obtain security clearances for the State, local, and tribal participants in the ITACG.
(
Editorial Notes
References in Text
Subsection (d)(5) and (6), referred to in subsec. (f)(2), was redesignated subsec. (c)(5) and (6), respectively, by
Amendments
2022—Subsec. (g).
2019—Subsec. (c).
Subsec. (c)(9).
Subsecs. (d) to (i).
2010—Subsec. (c).
Subsec. (c)(3).
Subsec. (d)(5)(E), (F).
Subsec. (d)(8), (9).
1 So in original. Probably should be section "3056(f)(1)(E)".
2 See References in Text note below.
§124l. Transferred
Editorial Notes
Codification
Section,
§124m. Classified Information Advisory Officer
(a) Requirement to establish
The Secretary shall identify and designate within the Department a Classified Information Advisory Officer, as described in this section.
(b) Responsibilities
The responsibilities of the Classified Information Advisory Officer shall be as follows:
(1) To develop and disseminate educational materials and to develop and administer training programs to assist State, local, and tribal governments (including State, local, and tribal law enforcement agencies) and private sector entities—
(A) in developing plans and policies to respond to requests related to classified information without communicating such information to individuals who lack appropriate security clearances;
(B) regarding the appropriate procedures for challenging classification designations of information received by personnel of such entities; and
(C) on the means by which such personnel may apply for security clearances.
(2) To inform the Under Secretary for Intelligence and Analysis on policies and procedures that could facilitate the sharing of classified information with such personnel, as appropriate.
(c) Initial designation
Not later than 90 days after October 7, 2010, the Secretary shall—
(1) designate the initial Classified Information Advisory Officer; and
(2) 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 written notification of the designation.
(
Editorial Notes
Prior Provisions
A prior section 210E of
Statutory Notes and Related Subsidiaries
Findings
"(1) The National Commission on Terrorist Attacks Upon the United States (commonly known as the '9/11 Commission') concluded that security requirements nurture over-classification and excessive compartmentation of information among agencies.
"(2) The 9/11 Commission and others have observed that the over-classification of information interferes with accurate, actionable, and timely information sharing, increases the cost of information security, and needlessly limits stakeholder and public access to information.
"(3) Over-classification of information causes considerable confusion regarding what information may be shared with whom, and negatively affects the dissemination of information within the Federal Government and with State, local, and tribal entities, and with the private sector.
"(4) Over-classification of information is antithetical to the creation and operation of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (
"(5) Federal departments or agencies authorized to make original classification decisions or that perform derivative classification of information are responsible for developing, implementing, and administering policies, procedures, and programs that promote compliance with applicable laws, executive orders, and other authorities pertaining to the proper use of classification markings and the policies of the National Archives and Records Administration."
§124m–1. Departmental coordination on counter threats
(a) Establishment
There is authorized in the Department, for a period of 2 years beginning after December 27, 2020, a Counter Threats Advisory Board (in this section referred to as the "Board") which shall—
(1) be composed of senior representatives of departmental operational components and headquarters elements; and
(2) coordinate departmental intelligence activities and policy and information related to the mission and functions of the Department that counter threats.
(b) Charter
There shall be a charter to govern the structure and mission of the Board, which shall—
(1) direct the Board to focus on the current threat environment and the importance of aligning departmental activities to counter threats under the guidance of the Secretary; and
(2) be reviewed and updated as appropriate.
(c) Members
(1) In general
The Board shall be composed of senior representatives of departmental operational components and headquarters elements.
(2) Chair
The Under Secretary for Intelligence and Analysis shall serve as the Chair of the Board.
(3) Members
The Secretary shall appoint additional members of the Board from among the following:
(A) The Transportation Security Administration.
(B) U.S. Customs and Border Protection.
(C) U.S. Immigration and Customs Enforcement.
(D) The Federal Emergency Management Agency.
(E) The Coast Guard.
(F) U.S. Citizenship and Immigration Services.
(G) The United States Secret Service.
(H) The Cybersecurity and Infrastructure Security Agency.
(I) The Office of Operations Coordination.
(J) The Office of the General Counsel.
(K) The Office of Intelligence and Analysis.
(L) The Office of Strategy, Policy, and Plans.
(M) The Science and Technology Directorate.
(N) The Office for State and Local Law Enforcement.
(O) The Privacy Office.
(P) The Office for Civil Rights and Civil Liberties.
(Q) Other departmental offices and programs as determined appropriate by the Secretary.
(d) Meetings
The Board shall—
(1) meet on a regular basis to discuss intelligence and coordinate ongoing threat mitigation efforts and departmental activities, including coordination with other Federal, State, local, tribal, territorial, and private sector partners; and
(2) make recommendations to the Secretary.
(e) Terrorism alerts
The Board shall advise the Secretary on the issuance of terrorism alerts under
(f) Prohibition on additional funds
No additional funds are authorized to carry out this section.
(
Editorial Notes
Prior Provisions
A prior section 210F of
Statutory Notes and Related Subsidiaries
Notice Regarding Mechanisms to Coordinate Threats
§124n. Protection of certain facilities and assets from unmanned aircraft
(a) Authority
Notwithstanding
(b) Actions described
(1) In general
The actions authorized in subsection (a) are the following:
(A) During the operation of the unmanned aircraft system, detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft system or unmanned aircraft.
(B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by passive or active, and direct or indirect physical, electronic, radio, and electromagnetic means.
(C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft.
(D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft.
(E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft.
(F) Use reasonable force, if necessary, to disable, damage, or destroy the unmanned aircraft system or unmanned aircraft.
(2) Required coordination
The Secretary and the Attorney General shall develop for their respective Departments the actions described in paragraph (1) in coordination with the Secretary of Transportation.
(3) Research, testing, training, and evaluation
The Secretary and the Attorney General shall conduct research, testing, training on, and evaluation of any equipment, including any electronic equipment, to determine its capability and utility prior to the use of any such technology for any action described in subsection (b)(1).
(4) Coordination
The Secretary and the Attorney General shall coordinate with the Administrator of the Federal Aviation Administration when any action authorized by this section might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of the airspace.
(c) Forfeiture
Any unmanned aircraft system or unmanned aircraft described in subsection (a) that is seized by the Secretary or the Attorney General is subject to forfeiture to the United States.
(d) Regulations and guidance
(1) In general
The Secretary, the Attorney General, and the Secretary of Transportation may prescribe regulations and shall issue guidance in the respective areas of each Secretary or the Attorney General to carry out this section.
(2) Coordination
(A) Coordination with Department of Transportation
The Secretary and the Attorney General shall coordinate the development of their respective guidance under paragraph (1) with the Secretary of Transportation.
(B) Effect on aviation safety
The Secretary and the Attorney General shall respectively coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Administration before issuing any guidance, or otherwise implementing this section, if such guidance or implementation might affect aviation safety, civilian aviation and aerospace operations, aircraft airworthiness, or the use of airspace.
(e) Privacy protection
The regulations or guidance issued to carry out actions authorized under subsection (b) by each Secretary or the Attorney General, as the case may be, shall ensure that—
(1) the interception or acquisition of, or access to, or maintenance or use of, communications to or from an unmanned aircraft system under this section is conducted in a manner consistent with the First and Fourth Amendments to the Constitution of the United States and applicable provisions of Federal law;
(2) communications to or from an unmanned aircraft system are intercepted or acquired only to the extent necessary to support an action described in subsection (b)(1);
(3) records of such communications are maintained only for as long as necessary, and in no event for more than 180 days, unless the Secretary of Homeland Security or the Attorney General determine 1 that maintenance of such records is necessary to investigate or prosecute a violation of law, directly support an ongoing security operation, is required under Federal law, or for the purpose of any litigation;
(4) such communications are not disclosed outside the Department of Homeland Security or the Department of Justice unless the disclosure—
(A) is necessary to investigate or prosecute a violation of law;
(B) would support the Department of Defense, a Federal law enforcement agency, or the enforcement activities of a regulatory agency of the Federal Government in connection with a criminal or civil investigation of, or any regulatory, statutory, or other enforcement action relating to an action described in subsection (b)(1);
(C) is between the Department of Homeland Security and the Department of Justice in the course of a security or protection operation of either agency or a joint operation of such agencies; or
(D) is otherwise required by law; and
(5) to the extent necessary, the Department of Homeland Security and the Department of Justice are authorized to share threat information, which shall not include communications referred to in subsection (b), with State, local, territorial, or tribal law enforcement agencies in the course of a security or protection operation.
(f) Budget
The Secretary and the Attorney General shall submit to Congress, as a part of the homeland security or justice budget materials for each fiscal year after fiscal year 2019, a consolidated funding display that identifies the funding source for the actions described in subsection (b)(1) within the Department of Homeland Security or the Department of Justice. The funding display shall be in unclassified form, but may contain a classified annex.
(g) Semiannual briefings and notifications
(1) In general
On a semiannual basis during the period beginning 6 months after October 5, 2018, and ending on the date specified in subsection (i), the Secretary and the Attorney General shall, respectively, provide a briefing to the appropriate congressional committees on the activities carried out pursuant to this section.
(2) Requirement
Each briefing required under paragraph (1) shall be conducted jointly with the Secretary of Transportation.
(3) Content
Each briefing required under paragraph (1) shall include—
(A) policies, programs, and procedures to mitigate or eliminate impacts of such activities to the National Airspace System;
(B) a description of instances in which actions described in subsection (b)(1) have been taken, including all such instances that may have resulted in harm, damage, or loss to a person or to private property;
(C) a description of the guidance, policies, or procedures established to address privacy, civil rights, and civil liberties issues implicated by the actions allowed under this section, as well as any changes or subsequent efforts that would significantly affect privacy, civil rights or civil liberties;
(D) a description of options considered and steps taken to mitigate any identified impacts to the national airspace system related to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (b)(1);
(E) a description of instances in which communications intercepted or acquired during the course of operations of an unmanned aircraft system were held for more than 180 days or shared outside of the Department of Justice or the Department of Homeland Security;
(F) how the Secretary, the Attorney General, and the Secretary of Transportation have informed the public as to the possible use of authorities under this section; 2
(G) how the Secretary, the Attorney General, and the Secretary of Transportation have engaged with Federal, State, and local law enforcement agencies to implement and use such authorities.
(4) Unclassified form
Each briefing required under paragraph (1) shall be in unclassified form, but may be accompanied by an additional classified briefing.
(5) Notification
Within 30 days of deploying any new technology to carry out the actions described in subsection (b)(1), the Secretary and the Attorney General shall, respectively, submit a notification to the appropriate congressional committees. Such notification shall include a description of options considered to mitigate any identified impacts to the national airspace system related to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (b)(1).
(h) Rule of construction
Nothing in this section may be construed to—
(1) vest in the Secretary or the Attorney General any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration;
(2) vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Secretary or the Attorney General;
(3) vest in the Secretary of Homeland Security any authority of the Attorney General;
(4) vest in the Attorney General any authority of the Secretary of Homeland Security; or
(5) provide a new basis of liability for any State, local, territorial, or tribal law enforcement officers who participate in the protection of a mass gathering identified by the Secretary or Attorney General under subsection (k)(3)(C)(iii)(II), act within the scope of their authority, and do not exercise the authority granted to the Secretary and Attorney General by this section.
(i) Termination
The authority to carry out this section with respect to a covered facility or asset specified in subsection (k)(3) shall terminate on December 20, 2024.
(j) Scope of authority
Nothing in this section shall be construed to provide the Secretary or the Attorney General with additional authorities beyond those described in subsections (a) and (k)(3)(C)(iii).
(k) Definitions
In this section:
(1) The term "appropriate congressional committees" means—
(A) the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate; and
(B) the Committee on Homeland Security, the Committee on Transportation and Infrastructure, the Committee on Energy and Commerce, and the Committee on the Judiciary of the House of Representatives.
(2) The term "budget", with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under
(3) The term "covered facility or asset" means any facility or asset that—
(A) is identified as high-risk and a potential target for unlawful unmanned aircraft activity by the Secretary or the Attorney General, in coordination with the Secretary of Transportation with respect to potentially impacted airspace, through a risk-based assessment for purposes of this section (except that in the case of the missions described in subparagraph (C)(i)(II) and (C)(iii)(I), such missions shall be presumed to be for the protection of a facility or asset that is assessed to be high-risk and a potential target for unlawful unmanned aircraft activity);
(B) is located in the United States (including the territories and possessions, territorial seas or navigable waters of the United States); and
(C) directly relates to one or more—
(i) missions authorized to be performed by the Department of Homeland Security, consistent with governing statutes, regulations, and orders issued by the Secretary, pertaining to—
(I) security or protection functions of the U.S. Customs and Border Protection, including securing or protecting facilities, aircraft, and vessels, whether moored or underway;
(II) United States Secret Service protection operations pursuant to
(III) protection of facilities pursuant to
(ii) missions authorized to be performed by the Department of Justice, consistent with governing statutes, regulations, and orders issued by the Attorney General, pertaining to—
(I) personal protection operations by—
(aa) the Federal Bureau of Investigation as specified in
(bb) the United States Marshals Service of Federal jurists, court officers, witnesses, and other threatened persons in the interests of justice, as specified in
(II) protection of penal, detention, and correctional facilities and operations conducted by the Federal Bureau of Prisons; or
(III) protection of the buildings and grounds leased, owned, or operated by or for the Department of Justice, and the provision of security for Federal courts, as specified in
(iii) missions authorized to be performed by the Department of Homeland Security or the Department of Justice, acting together or separately, consistent with governing statutes, regulations, and orders issued by the Secretary or the Attorney General, respectively, pertaining to—
(I) protection of a National Special Security Event and Special Event Assessment Rating event;
(II) the provision of support to State, local, territorial, or tribal law enforcement, upon request of the chief executive officer of the State or territory, to ensure protection of people and property at mass gatherings, that is limited to a specified timeframe and location, within available resources, and without delegating any authority under this section to State, local, territorial, or tribal law enforcement; or
(III) protection of an active Federal law enforcement investigation, emergency response, or security function, that is limited to a specified timeframe and location; and 3
(iv) missions authorized to be performed by the United States Coast Guard, including those described in clause (iii) as directed by the Secretary, and as further set forth in section 104 4 of title 14, and consistent with governing statutes, regulations, and orders issued by the Secretary of the Department in which the Coast Guard is operating.
(4) The terms "electronic communication", "intercept", "oral communication", and "wire communication" have the meaning 5 given those terms in
(5) The term "homeland security or justice budget materials", with respect to a fiscal year, means the materials submitted to Congress by the Secretary and the Attorney General in support of the budget for that fiscal year.
(6) For purposes of subsection (a), the term "personnel" means officers and employees of the Department of Homeland Security or the Department of Justice.
(7) The terms "unmanned aircraft" and "unmanned aircraft system" have the meanings given those terms in section 44801, 6 of title 49.
(8) For purposes of this section, the term "risk-based assessment" includes an evaluation of threat information specific to a covered facility or asset and, with respect to potential impacts on the safety and efficiency of the national airspace system and the needs of law enforcement and national security at each covered facility or asset identified by the Secretary or the Attorney General, respectively, of each of the following factors:
(A) Potential impacts to safety, efficiency, and use of the national airspace system, including potential effects on manned aircraft and unmanned aircraft systems, aviation safety, airport operations, infrastructure, and air navigation services related to the use of any system or technology for carrying out the actions described in subsection (b)(1).
(B) Options for mitigating any identified impacts to the national airspace system related to the use of any system or technology, including minimizing when possible the use of any technology which disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (b)(1).
(C) Potential consequences of the impacts of any actions taken under subsection (b)(1) to the national airspace system and infrastructure if not mitigated.
(D) The ability to provide reasonable advance notice to aircraft operators consistent with the safety of the national airspace system and the needs of law enforcement and national security.
(E) The setting and character of any covered facility or asset, including whether it is located in a populated area or near other structures, whether the facility is open to the public, whether the facility is also used for nongovernmental functions, and any potential for interference with wireless communications or for injury or damage to persons or property.
(F) The setting, character, timeframe, and national airspace system impacts of National Special Security Event and Special Event Assessment Rating events.
(G) Potential consequences to national security, public safety, or law enforcement if threats posed by unmanned aircraft systems are not mitigated or defeated.
(l) Department of Homeland Security assessment
(1) Report
Not later than 1 year after October 5, 2018, the Secretary shall conduct, in coordination with the Attorney General and the Secretary of Transportation, an assessment to the appropriate congressional committees, including—
(A) an evaluation of the threat from unmanned aircraft systems to United States critical infrastructure (as defined in this chapter) and to domestic large hub airports (as defined in
(B) an evaluation of current Federal and 7 State, local, territorial, or tribal law enforcement authorities to counter the threat identified in subparagraph (A), and recommendations, if any, for potential changes to existing authorities to allow State, local, territorial, and tribal law enforcement to assist Federal law enforcement to counter the threat where appropriate;
(C) an evaluation of the knowledge of, efficiency of, and effectiveness of current procedures and resources available to owners of critical infrastructure and domestic large hub airports when they believe a threat from unmanned aircraft systems is present and what additional actions, if any, the Department of Homeland Security or the Department of Transportation could implement under existing authorities to assist these entities to counter the threat identified in subparagraph (A);
(D) an assessment of what, if any, additional authorities are needed by each Department and law enforcement to counter the threat identified in subparagraph (A); and
(E) an assessment of what, if any, additional research and development the Department needs to counter the threat identified in subparagraph (A).
(2) Unclassified form
The report required under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
(
Editorial Notes
References in Text
The Presidential Protection Assistance Act of 1976, referred to in subsec. (k)(3)(C)(i)(II), is
This chapter, referred to in subsec. (l)(1)(A), was in the original "this Act", meaning
Amendments
2024—Subsec. (i).
2023—Subsec. (i).
Statutory Notes and Related Subsidiaries
Termination Date
1 So in original. Probably should be "determines".
2 So in original. Probably should be followed by "and".
3 So in original. Probably should be "or".
4 See References in Text note below.
5 So in original. Probably should be "meanings".
6 So in original. The comma probably should not appear.
7 So in original. Probably should be "Federal,".
§125. Annual report on intelligence activities of the Department of Homeland Security
(a) In general
For each fiscal year and along with the budget materials submitted in support of the budget of the Department of Homeland Security pursuant to
(1) The amount of funding requested for each such intelligence activity.
(2) The number of full-time employees funded to perform each such intelligence activity.
(3) The number of full-time contractor employees (or the equivalent of full-time in the case of part-time contractor employees) funded to perform or in support of each such intelligence activity.
(4) A determination as to whether each such intelligence activity is predominantly in support of national intelligence or departmental missions.
(5) The total number of analysts of the Intelligence Enterprise of the Department that perform—
(A) strategic analysis; or
(B) operational analysis.
(b) Feasibility and advisability report
Not later than 120 days after December 19, 2014, the Secretary of Homeland Security, acting through the Under Secretary for Intelligence and Analysis, shall submit to the congressional intelligence committees a report that—
(1) examines the feasibility and advisability of including the budget request for all intelligence activities of each intelligence component of the Department that predominantly support departmental missions, as designated by the Under Secretary for Intelligence and Analysis, in the Homeland Security Intelligence Program; and
(2) includes a plan to enhance the coordination of department-wide intelligence activities to achieve greater efficiencies in the performance of the Department of Homeland Security intelligence functions.
(c) Intelligence component of the Department
In this section, the term "intelligence component of the Department" has the meaning given that term in
(
Editorial Notes
Codification
Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2015, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Briefing on Department of Homeland Security Intelligence Activities
"(a)
"(1)
"(A) The congressional intelligence committees.
"(B) The Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate.
"(C) The Committee on Homeland Security and the Committee on Appropriations of the House of Representatives.
"(2)
"(A) The Cybersecurity and Infrastructure Security Agency Threat Management Division.
"(B) The Federal Emergency Management Agency Protection and National Preparedness, Office of Counterterrorism and Security Preparedness.
"(C) The Transportation Security Administration Office of Intelligence and Analysis.
"(D) The United States Citizenship and Immigration Services Fraud Detection and National Security Directorate, Field Operations Directorate, and Collateral Duty Intelligence.
"(E) The United States Customs and Border Protection Office of Intelligence.
"(F) The United States Immigration and Customs Enforcement Homeland Security Investigations, Office of Intelligence, and Special Agent in Charge Intelligence Program.
"(3)
"(b)
"(1) A comprehensive description of all intelligence activities conducted during the period beginning on January 1, 2018, and ending on the date of the briefing, by any component of the Department of Homeland Security that conducts intelligence activities.
"(2) With respect to each such intelligence activity, a description of the activity, including, at a minimum—
"(A) the nature of the activity;
"(B) the component undertaking the activity;
"(C) the legal authority for such activity; and
"(D) the source of funding for such activity.
"(3) A description and the quantity of any types of finished intelligence products, or intelligence information reports, produced or contributed to by a component of the Department of Homeland Security that conducts intelligence activities during the period specified in paragraph (1).
"(4) An identification of any external or internal guidelines, policies, processes, practices, or programs governing the collection, retention, analysis, or dissemination by such a component of information regarding United States citizens, lawful permanent residents of the United States, or individuals located within the United States.
"(c)
"(d)
[For definitions of "congressional intelligence committees" and "intelligence community" as used in section 6819 of
Definitions
"Congressional intelligence committees" means the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives, see section 2 of
§126. Department of Homeland Security data framework
(a) In general
(1) Development
The Secretary of Homeland Security shall develop a data framework to integrate existing Department of Homeland Security datasets and systems, as appropriate, for access by authorized personnel in a manner consistent with relevant legal authorities and privacy, civil rights, and civil liberties policies and protections.
(2) Requirements
In developing the framework required under paragraph (1), the Secretary of Homeland Security shall ensure, in accordance with all applicable statutory and regulatory requirements, the following information is included:
(A) All information acquired, held, or obtained by an office or component of the Department of Homeland Security that falls within the scope of the information sharing environment, including homeland security information, terrorism information, weapons of mass destruction information, and national intelligence.
(B) Any information or intelligence relevant to priority mission needs and capability requirements of the homeland security enterprise, as determined appropriate by the Secretary.
(b) Data framework access
(1) In general
The Secretary of Homeland Security shall ensure that the data framework required under this section is accessible to employees of the Department of Homeland Security who the Secretary determines—
(A) have an appropriate security clearance;
(B) are assigned to perform a function that requires access to information in such framework; and
(C) are trained in applicable standards for safeguarding and using such information.
(2) Guidance
The Secretary of Homeland Security shall—
(A) issue guidance for Department of Homeland Security employees authorized to access and contribute to the data framework pursuant to paragraph (1); and
(B) ensure that such guidance enforces a duty to share between offices and components of the Department when accessing or contributing to such framework for mission needs.
(3) Efficiency
The Secretary of Homeland Security shall promulgate data standards and instruct components of the Department of Homeland Security to make available information through the data framework required under this section in a machine-readable standard format, to the greatest extent practicable.
(c) Exclusion of information
The Secretary of Homeland Security may exclude information from the data framework required under this section if the Secretary determines inclusion of such information may—
(1) jeopardize the protection of sources, methods, or activities;
(2) compromise a criminal or national security investigation;
(3) be inconsistent with other Federal laws or regulations; or
(4) be duplicative or not serve an operational purpose if included in such framework.
(d) Safeguards
The Secretary of Homeland Security shall incorporate into the data framework required under this section systems capabilities for auditing and ensuring the security of information included in such framework. Such capabilities shall include the following:
(1) Mechanisms for identifying insider threats.
(2) Mechanisms for identifying security risks.
(3) Safeguards for privacy, civil rights, and civil liberties.
(e) Deadline for implementation
Not later than 2 years after December 19, 2018, the Secretary of Homeland Security shall ensure the data framework required under this section has the ability to include appropriate information in existence within the Department of Homeland Security to meet the critical mission operations of the Department of Homeland Security.
(f) Notice to Congress
(1) Status updates
The Secretary of Homeland Security shall submit to the appropriate congressional committees regular updates on the status of the data framework until the framework is fully operational.
(2) Operational notification
Not later than 60 days after the date on which the data framework required under this section is fully operational, the Secretary of Homeland Security shall provide notice to the appropriate congressional committees that the data framework is fully operational.
(3) Value added
The Secretary of Homeland Security shall annually brief Congress on component use of the data framework required under this section to support operations that disrupt terrorist activities and incidents in the homeland.
(g) Definitions
In this section:
(1) Appropriate congressional committee; homeland
The terms "appropriate congressional committee" and "homeland" have the meaning given those terms in
(2) Homeland security information
The term "homeland security information" has the meaning given such term in
(3) National intelligence
The term "national intelligence" has the meaning given such term in
(4) Terrorism information
The term "terrorism information" has the meaning given such term in
(
Editorial Notes
Codification
Section was enacted as part of the Department of Homeland Security Data Framework Act of 2018, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Part B—Information Security
Editorial Notes
Codification
Subtitle C of title II of
Prior Provisions
A prior subtitle B of title II of
§§131 to 134. Transferred
Editorial Notes
Codification
Section 131,
Section 132,
Section 133,
Section 134,
§141. Procedures for sharing information
The Secretary shall establish procedures on the use of information shared under this subchapter that—
(1) limit the redissemination of such information to ensure that it is not used for an unauthorized purpose;
(2) ensure the security and confidentiality of such information;
(3) protect the constitutional and statutory rights of any individuals who are subjects of such information; and
(4) provide data integrity through the timely removal and destruction of obsolete or erroneous names and information.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title II of
§142. Privacy officer
(a) Appointment and responsibilities
The Secretary shall appoint a senior official in the Department, who shall report directly to the Secretary, to assume primary responsibility for privacy policy, including—
(1) assuring that the use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information;
(2) assuring that personal information contained in Privacy Act systems of records is handled in full compliance with fair information practices as set out in the Privacy Act of 1974 [
(3) evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by the Federal Government;
(4) conducting a privacy impact assessment of proposed rules of the Department or that of the Department on the privacy of personal information, including the type of personal information collected and the number of people affected;
(5) coordinating with the Officer for Civil Rights and Civil Liberties to ensure that—
(A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and
(B) Congress receives appropriate reports on such programs, policies, and procedures; and
(6) preparing a report to Congress on an annual basis on activities of the Department that affect privacy, including complaints of privacy violations, implementation of the Privacy Act of 1974 [
(b) Authority to investigate
(1) In general
The senior official appointed under subsection (a) may—
(A) have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the senior official under this section;
(B) make such investigations and reports relating to the administration of the programs and operations of the Department as are, in the senior official's judgment, necessary or desirable;
(C) subject to the approval of the Secretary, require by subpoena the production, by any person other than a Federal agency, of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary to performance of the responsibilities of the senior official under this section; and
(D) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to performance of the responsibilities of the senior official under this section.
(2) Enforcement of subpoenas
Any subpoena issued under paragraph (1)(C) shall, in the case of contumacy or refusal to obey, be enforceable by order of any appropriate United States district court.
(3) Effect of oaths
Any oath, affirmation, or affidavit administered or taken under paragraph (1)(D) by or before an employee of the Privacy Office designated for that purpose by the senior official appointed under subsection (a) shall have the same force and effect as if administered or taken by or before an officer having a seal of office.
(c) Supervision and coordination
(1) In general
The senior official appointed under subsection (a) shall—
(A) report to, and be under the general supervision of, the Secretary; and
(B) coordinate activities with the Inspector General of the Department in order to avoid duplication of effort.
(2) Coordination with the Inspector General
(A) In general
Except as provided in subparagraph (B), the senior official appointed under subsection (a) may investigate any matter relating to possible violations or abuse concerning the administration of any program or operation of the Department relevant to the purposes under this section.
(B) Coordination
(i) Referral
Before initiating any investigation described under subparagraph (A), the senior official shall refer the matter and all related complaints, allegations, and information to the Inspector General of the Department.
(ii) Determinations and notifications by the Inspector General
(I) In general
Not later than 30 days after the receipt of a matter referred under clause (i), the Inspector General shall—
(aa) make a determination regarding whether the Inspector General intends to initiate an audit or investigation of the matter referred under clause (i); and
(bb) notify the senior official of that determination.
(II) Investigation not initiated
If the Inspector General notifies the senior official under subclause (I)(bb) that the Inspector General intended to initiate an audit or investigation, but does not initiate that audit or investigation within 90 days after providing that notification, the Inspector General shall further notify the senior official that an audit or investigation was not initiated. The further notification under this subclause shall be made not later than 3 days after the end of that 90-day period.
(iii) Investigation by senior official
The senior official may investigate a matter referred under clause (i) if—
(I) the Inspector General notifies the senior official under clause (ii)(I)(bb) that the Inspector General does not intend to initiate an audit or investigation relating to that matter; or
(II) the Inspector General provides a further notification under clause (ii)(II) relating to that matter.
(iv) Privacy training
Any employee of the Office of Inspector General who audits or investigates any matter referred under clause (i) shall be required to receive adequate training on privacy laws, rules, and regulations, to be provided by an entity approved by the Inspector General in consultation with the senior official appointed under subsection (a).
(d) Notification to Congress on removal
If the Secretary removes the senior official appointed under subsection (a) or transfers that senior official to another position or location within the Department, the Secretary shall—
(1) promptly submit a written notification of the removal or transfer to Houses of Congress; and
(2) include in any such notification the reasons for the removal or transfer.
(e) Reports by senior official to Congress
The senior official appointed under subsection (a) shall—
(1) submit reports directly to the Congress regarding performance of the responsibilities of the senior official under this section, without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget; and
(2) inform the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives not later than—
(A) 30 days after the Secretary disapproves the senior official's request for a subpoena under subsection (b)(1)(C) or the Secretary substantively modifies the requested subpoena; or
(B) 45 days after the senior official's request for a subpoena under subsection (b)(1)(C), if that subpoena has not either been approved or disapproved by the Secretary.
(
Editorial Notes
References in Text
The Privacy Act of 1974, referred to in subsec. (a)(2), (6), is
Amendments
2007—
2004—
Pars. (5), (6).
§§143 to 145. Transferred
Editorial Notes
Codification
Section 143,
Section 144,
Section 145,
§146. Cybersecurity workforce assessment and strategy
(a) Workforce assessment
(1) In general
Not later than 180 days after December 18, 2014, and annually thereafter for 3 years, the Secretary shall assess the cybersecurity workforce of the Department.
(2) Contents
The assessment required under paragraph (1) shall include, at a minimum—
(A) an assessment of the readiness and capacity of the workforce of the Department to meet its cybersecurity mission;
(B) information on where cybersecurity workforce positions are located within the Department;
(C) information on which cybersecurity workforce positions are—
(i) performed by—
(I) permanent full-time equivalent employees of the Department, including, to the greatest extent practicable, demographic information about such employees;
(II) independent contractors; and
(III) individuals employed by other Federal agencies, including the National Security Agency; or
(ii) vacant; and
(D) information on—
(i) the percentage of individuals within each Cybersecurity Category and Specialty Area who received essential training to perform their jobs; and
(ii) in cases in which such essential training was not received, what challenges, if any, were encountered with respect to the provision of such essential training.
(b) Workforce strategy
(1) In general
The Secretary shall—
(A) not later than 1 year after December 18, 2014, develop a comprehensive workforce strategy to enhance the readiness, capacity, training, recruitment, and retention of the cybersecurity workforce of the Department; and
(B) maintain and, as necessary, update the comprehensive workforce strategy developed under subparagraph (A).
(2) Contents
The comprehensive workforce strategy developed under paragraph (1) shall include a description of—
(A) a multi-phased recruitment plan, including with respect to experienced professionals, members of disadvantaged or underserved communities, the unemployed, and veterans;
(B) a 5-year implementation plan;
(C) a 10-year projection of the cybersecurity workforce needs of the Department;
(D) any obstacle impeding the hiring and development of a cybersecurity workforce in the Department; and
(E) any gap in the existing cybersecurity workforce of the Department and a plan to fill any such gap.
(c) Updates
The Secretary submit 1 to the appropriate congressional committees annual updates on—
(1) the cybersecurity workforce assessment required under subsection (a); and
(2) the progress of the Secretary in carrying out the comprehensive workforce strategy required to be developed under subsection (b).
(
Editorial Notes
Codification
Section was enacted as part of the Cybersecurity Workforce Assessment Act, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Statutory Notes and Related Subsidiaries
Homeland Security Cybersecurity Workforce Assessment
"(a)
"(b)
"(1)
"(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
"(B) the Committee on Homeland Security of the House of Representatives; and
"(C) the Committee on House Administration of the House of Representatives.
"(2)
"(3)
"(4)
"(5)
"(c)
"(1)
"(A) identify all cybersecurity workforce positions within the Department;
"(B) determine the primary Cybersecurity Work Category and Specialty Area of such positions; and
"(C) assign the corresponding Data Element Code, as set forth in the Office of Personnel Management's Guide to Data Standards which is aligned with the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework report, in accordance with paragraph (2).
"(2)
"(A)
"(i) to identify open positions that include cybersecurity functions (as defined in the OPM Guide to Data Standards); and
"(ii) to assign the appropriate employment code to each such position, using agreed standards and definitions.
"(B)
"(i) each employee within the Department who carries out cybersecurity functions; and
"(ii) each open position within the Department that have been identified as having cybersecurity functions.
"(3)
"(d)
"(1)
"(A) identify Cybersecurity Work Categories and Specialty Areas of critical need in the Department's cybersecurity workforce; and
"(B) submit a report to the Director that—
"(i) describes the Cybersecurity Work Categories and Specialty Areas identified under subparagraph (A); and
"(ii) substantiates the critical need designations.
"(2)
"(A) current Cybersecurity Work Categories and Specialty Areas with acute skill shortages; and
"(B) Cybersecurity Work Categories and Specialty Areas with emerging skill shortages.
"(3)
"(A) identify Specialty Areas of critical need for cybersecurity workforce across the Department; and
"(B) submit a progress report on the implementation of this subsection to the appropriate congressional committees.
"(e)
"(1) analyze and monitor the implementation of subsections (c) and (d); and
"(2) not later than 3 years after the date of the enactment of this Act, submit a report to the appropriate congressional committees that describes the status of such implementation."
Definitions
"(1) the term 'Cybersecurity Category' means a position's or incumbent's primary work function involving cybersecurity, which is further defined by Specialty Area;
"(2) the term 'Department' means the Department of Homeland Security;
"(3) the term 'Secretary' means the Secretary of Homeland Security; and
"(4) the term 'Specialty Area' means any of the common types of cybersecurity work as recognized by the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework report."
§§147 to 151. Transferred
Editorial Notes
Codification
Section 147,
Section 148,
A prior section 227 of
Section 149,
A prior section 228 of
Section 149a,
Section 150,
Section 151,
Part C—Office of Science and Technology
Editorial Notes
Codification
Subtitle D of title II of
Prior Provisions
A prior subtitle C of title II of
§161. Establishment of Office; Director
(a) Establishment
(1) In general
There is hereby established within the Department of Justice an Office of Science and Technology (hereinafter in this subchapter referred to as the "Office").
(2) Authority
The Office shall be under the general authority of the Assistant Attorney General, Office of Justice Programs, and shall be established within the National Institute of Justice.
(b) Director
The Office shall be headed by a Director, who shall be an individual appointed based on approval by the Office of Personnel Management of the executive qualifications of the individual.
(
Editorial Notes
References in Text
This subchapter, referred to in subsec. (a)(1), was in the original "this title", meaning title II of
§162. Mission of Office; duties
(a) Mission
The mission of the Office shall be—
(1) to serve as the national focal point for work on law enforcement technology; and
(2) to carry out programs that, through the provision of equipment, training, and technical assistance, improve the safety and effectiveness of law enforcement technology and improve access to such technology by Federal, State, and local law enforcement agencies.
(b) Duties
In carrying out its mission, the Office shall have the following duties:
(1) To provide recommendations and advice to the Attorney General.
(2) To establish and maintain advisory groups (which shall be exempt from the provisions of
(3) To establish and maintain performance standards in accordance with the National Technology Transfer and Advancement Act of 1995 (
(4) To establish and maintain a program to certify, validate, and mark or otherwise recognize law enforcement technology products that conform to standards established and maintained by the Office in accordance with the National Technology Transfer and Advancement Act of 1995 (
(5) To work with other entities within the Department of Justice, other Federal agencies, and the executive office of the President to establish a coordinated Federal approach on issues related to law enforcement technology.
(6) To carry out research, development, testing, evaluation, and cost-benefit analyses in fields that would improve the safety, effectiveness, and efficiency of law enforcement technologies used by Federal, State, and local law enforcement agencies, including, but not limited to—
(A) weapons capable of preventing use by unauthorized persons, including personalized guns;
(B) protective apparel;
(C) bullet-resistant and explosion-resistant glass;
(D) monitoring systems and alarm systems capable of providing precise location information;
(E) wire and wireless interoperable communication technologies;
(F) tools and techniques that facilitate investigative and forensic work, including computer forensics;
(G) equipment for particular use in counterterrorism, including devices and technologies to disable terrorist devices;
(H) guides to assist State and local law enforcement agencies;
(I) DNA identification technologies; and
(J) tools and techniques that facilitate investigations of computer crime.
(7) To administer a program of research, development, testing, and demonstration to improve the interoperability of voice and data public safety communications.
(8) To serve on the Technical Support Working Group of the Department of Defense, and on other relevant interagency panels, as requested.
(9) To develop, and disseminate to State and local law enforcement agencies, technical assistance and training materials for law enforcement personnel, including prosecutors.
(10) To operate the regional National Law Enforcement and Corrections Technology Centers and, to the extent necessary, establish additional centers through a competitive process.
(11) To administer a program of acquisition, research, development, and dissemination of advanced investigative analysis and forensic tools to assist State and local law enforcement agencies in combating cybercrime.
(12) To support research fellowships in support of its mission.
(13) To serve as a clearinghouse for information on law enforcement technologies.
(14) To represent the United States and State and local law enforcement agencies, as requested, in international activities concerning law enforcement technology.
(15) To enter into contracts and cooperative agreements and provide grants, which may require in-kind or cash matches from the recipient, as necessary to carry out its mission.
(16) To carry out other duties assigned by the Attorney General to accomplish the mission of the Office.
(c) Competition required
Except as otherwise expressly provided by law, all research and development carried out by or through the Office shall be carried out on a competitive basis.
(d) Information from Federal agencies
Federal agencies shall, upon request from the Office and in accordance with Federal law, provide the Office with any data, reports, or other information requested, unless compliance with such request is otherwise prohibited by law.
(e) Publications
Decisions concerning publications issued by the Office shall rest solely with the Director of the Office.
(f) Transfer of funds
The Office may transfer funds to other Federal agencies or provide funding to non-Federal entities through grants, cooperative agreements, or contracts to carry out its duties under this section: Provided, That any such transfer or provision of funding shall be carried out in accordance with section 605 of
(g) Annual report
The Director of the Office shall include with the budget justification materials submitted to Congress in support of the Department of Justice budget for each fiscal year (as submitted with the budget of the President under
(1) For the period of 5 fiscal years beginning with the fiscal year for which the budget is submitted—
(A) the Director's assessment of the needs of Federal, State, and local law enforcement agencies for assistance with respect to law enforcement technology and other matters consistent with the mission of the Office; and
(B) a strategic plan for meeting such needs of such law enforcement agencies.
(2) For the fiscal year preceding the fiscal year for which such budget is submitted, a description of the activities carried out by the Office and an evaluation of the extent to which those activities successfully meet the needs assessed under paragraph (1)(A) in previous reports.
(
Editorial Notes
References in Text
The National Technology Transfer and Advancement Act of 1995, referred to in subsec. (b)(3), (4), is
Section 605 of
Amendments
2022—Subsec. (b)(2).
2003—Subsec. (f).
§163. Definition of law enforcement technology
For the purposes of this subchapter, the term "law enforcement technology" includes investigative and forensic technologies, corrections technologies, and technologies that support the judicial process.
(
Editorial Notes
References in Text
This subchapter, referred to in text, was in the original "this title", meaning title II of
§164. Abolishment of Office of Science and Technology of National Institute of Justice; transfer of functions
(a) Authority to transfer functions
The Attorney General may transfer to the Office any other program or activity of the Department of Justice that the Attorney General, in consultation with the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives, determines to be consistent with the mission of the Office.
(b) Transfer of personnel and assets
With respect to any function, power, or duty, or any program or activity, that is established in the Office, those employees and assets of the element of the Department of Justice from which the transfer is made that the Attorney General determines are needed to perform that function, power, or duty, or for that program or activity, as the case may be, shall be transferred to the Office: Provided, That any such transfer shall be carried out in accordance with section 605 of
(c) Report on implementation
Not later than 1 year after November 25, 2002, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the implementation of this subchapter. The report shall—
(1) provide an accounting of the amounts and sources of funding available to the Office to carry out its mission under existing authorizations and appropriations, and set forth the future funding needs of the Office; and
(2) include such other information and recommendations as the Attorney General considers appropriate.
(
Editorial Notes
References in Text
Section 605 of
This subchapter, referred to in subsec. (c), was in the original "this title", meaning title II of
Amendments
2003—Subsec. (b).
§165. National Law Enforcement and Corrections Technology Centers
(a) In general
The Director of the Office shall operate and support National Law Enforcement and Corrections Technology Centers (hereinafter in this section referred to as "Centers") and, to the extent necessary, establish new centers through a merit-based, competitive process.
(b) Purpose of Centers
The purpose of the Centers shall be to—
(1) support research and development of law enforcement technology;
(2) support the transfer and implementation of technology;
(3) assist in the development and dissemination of guidelines and technological standards; and
(4) provide technology assistance, information, and support for law enforcement, corrections, and criminal justice purposes.
(c) Annual meeting
Each year, the Director shall convene a meeting of the Centers in order to foster collaboration and communication between Center participants.
(d) Report
Not later than 12 months after November 25, 2002, the Director shall transmit to the Congress a report assessing the effectiveness of the existing system of Centers and identify the number of Centers necessary to meet the technology needs of Federal, State, and local law enforcement in the United States.
(
SUBCHAPTER III—SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
§181. Under Secretary for Science and Technology
There shall be in the Department a Directorate of Science and Technology headed by an Under Secretary for Science and Technology.
(
§182. Responsibilities and authorities of the Under Secretary for Science and Technology
The Secretary, acting through the Under Secretary for Science and Technology, shall have the responsibility for—
(1) advising the Secretary regarding research and development efforts and priorities in support of the Department's missions;
(2) developing, in consultation with other appropriate executive agencies, a national policy and strategic plan for, identifying priorities, goals, objectives and policies for, and coordinating the Federal Government's civilian efforts to identify and develop countermeasures to chemical, biological, and other emerging terrorist threats, including the development of comprehensive, research-based definable goals for such efforts and development of annual measurable objectives and specific targets to accomplish and evaluate the goals for such efforts;
(3) supporting the Under Secretary for Intelligence and Analysis and the Director of the Cybersecurity and Infrastructure Security Agency, by assessing and testing homeland security vulnerabilities and possible threats;
(4) conducting basic and applied research, development, demonstration, testing, and evaluation activities that are relevant to any or all elements of the Department, through both intramural and extramural programs, except that such responsibility does not extend to human health-related research and development activities;
(5) establishing priorities for, directing, funding, and conducting national research, development, test and evaluation, and procurement of technology and systems for—
(A) preventing the importation of chemical, biological, and related weapons and material; and
(B) detecting, preventing, protecting against, and responding to terrorist attacks;
(6) establishing a system for transferring homeland security developments or technologies to Federal, State, local government, and private sector entities;
(7) entering into work agreements, joint sponsorships, contracts, or any other agreements with the Department of Energy regarding the use of the national laboratories or sites and support of the science and technology base at those facilities;
(8) collaborating with the Secretary of Agriculture and the Attorney General as provided in
(9) collaborating with the Secretary of Health and Human Services and the Attorney General in determining any new biological agents and toxins that shall be listed as "select agents" in Appendix A of part 72 of title 42, Code of Federal Regulations, pursuant to
(10) supporting United States leadership in science and technology;
(11) establishing and administering the primary research and development activities of the Department, including the long-term research and development needs and capabilities for all elements of the Department;
(12) coordinating and integrating all research, development, demonstration, testing, and evaluation activities of the Department;
(13) coordinating with other appropriate executive agencies in developing and carrying out the science and technology agenda of the Department to reduce duplication and identify unmet needs; and
(14) developing and overseeing the administration of guidelines for merit review of research and development projects throughout the Department, and for the dissemination of research conducted or sponsored by the Department.
(
Editorial Notes
Amendments
2018—Par. (2).
Par. (3).
Par. (5)(A).
2007—Par. (3).
2006—Pars. (2), (5)(A).
§183. Functions transferred
In accordance with subchapter XII, there shall be transferred to the Secretary the functions, personnel, assets, and liabilities of the following entities:
(1) The following programs and activities of the Department of Energy, including the functions of the Secretary of Energy relating thereto (but not including programs and activities relating to the strategic nuclear defense posture of the United States):
(A) The chemical and biological national security and supporting programs and activities of the nonproliferation and verification research and development program.
(B) The nuclear smuggling programs and activities within the proliferation detection program of the nonproliferation and verification research and development program. The programs and activities described in this subparagraph may be designated by the President either for transfer to the Department or for joint operation by the Secretary and the Secretary of Energy.
(C) The nuclear assessment program and activities of the assessment, detection, and cooperation program of the international materials protection and cooperation program.
(D) Such life sciences activities of the biological and environmental research program related to microbial pathogens as may be designated by the President for transfer to the Department.
(E) The Environmental Measurements Laboratory.
(F) The advanced scientific computing research program and activities at Lawrence Livermore National Laboratory.
(2) The National Bio-Weapons Defense Analysis Center of the Department of Defense, including the functions of the Secretary of Defense related thereto.
(
§184. Conduct of certain public health-related activities
(a) In general
With respect to civilian human health-related research and development activities relating to countermeasures for chemical, biological, radiological, and nuclear and other emerging terrorist threats carried out by the Department of Health and Human Services (including the Public Health Service), the Secretary of Health and Human Services shall set priorities, goals, objectives, and policies and develop a coordinated strategy for such activities in collaboration with the Secretary of Homeland Security to ensure consistency with the national policy and strategic plan developed pursuant to
(b) Evaluation of progress
In carrying out subsection (a), the Secretary of Health and Human Services shall collaborate with the Secretary in developing specific benchmarks and outcome measurements for evaluating progress toward achieving the priorities and goals described in such subsection.
(
Editorial Notes
Codification
Section is comprised of section 304 of
§185. Federally funded research and development centers
The Secretary, acting through the Under Secretary for Science and Technology, shall have the authority to establish or contract with 1 or more federally funded research and development centers to provide independent analysis of homeland security issues, or to carry out other responsibilities under this chapter, including coordinating and integrating both the extramural and intramural programs described in
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this Act", meaning
§186. Miscellaneous provisions
(a) Classification
To the greatest extent practicable, research conducted or supported by the Department shall be unclassified.
(b) Construction
Nothing in this subchapter shall be construed to preclude any Under Secretary of the Department from carrying out research, development, demonstration, or deployment activities, as long as such activities are coordinated through the Under Secretary for Science and Technology.
(c) Regulations
The Secretary, acting through the Under Secretary for Science and Technology, may issue necessary regulations with respect to research, development, demonstration, testing, and evaluation activities of the Department, including the conducting, funding, and reviewing of such activities.
(d) Notification of Presidential life sciences designations
Not later than 60 days before effecting any transfer of Department of Energy life sciences activities pursuant to
(
§187. Homeland Security Advanced Research Projects Agency
(a) Definitions
In this section:
(1) Fund
The term "Fund" means the Acceleration Fund for Research and Development of Homeland Security Technologies established in subsection (c).
(2) Homeland security research
The term "homeland security research" means research relevant to the detection of, prevention of, protection against, response to, attribution of, and recovery from homeland security threats, particularly acts of terrorism.
(3) HSARPA
The term "HSARPA" means the Homeland Security Advanced Research Projects Agency established in subsection (b).
(4) Under Secretary
The term "Under Secretary" means the Under Secretary for Science and Technology.
(b) Homeland Security Advanced Research Projects Agency
(1) Establishment
There is established the Homeland Security Advanced Research Projects Agency.
(2) Director
HSARPA shall be headed by a Director, who shall be appointed by the Secretary. The Director shall report to the Under Secretary.
(3) Responsibilities
The Director shall administer the Fund to award competitive, merit-reviewed grants, cooperative agreements or contracts to public or private entities, including businesses, federally funded research and development centers, and universities. The Director shall administer the Fund to—
(A) support basic and applied homeland security research to promote revolutionary changes in technologies that would promote homeland security;
(B) advance the development, testing and evaluation, and deployment of critical homeland security technologies;
(C) accelerate the prototyping and deployment of technologies that would address homeland security vulnerabilities; and
(D) conduct research and development for the purpose of advancing technology for the investigation of child exploitation crimes, including child victim identification, trafficking in persons, and child pornography, and for advanced forensics.
(4) Targeted competitions
The Director may solicit proposals to address specific vulnerabilities identified by the Director.
(5) Coordination
The Director shall ensure that the activities of HSARPA are coordinated with those of other relevant research agencies, and may run projects jointly with other agencies.
(6) Personnel
In hiring personnel for HSARPA, the Secretary shall have the hiring and management authorities described in section 1101 1 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (
(7) Demonstrations
The Director, periodically, shall hold homeland security technology demonstrations to improve contact among technology developers, vendors and acquisition personnel.
(c) Fund
(1) Establishment
There is established the Acceleration Fund for Research and Development of Homeland Security Technologies, which shall be administered by the Director of HSARPA.
(2) Authorization of appropriations
There are authorized to be appropriated $500,000,000 to the Fund for fiscal year 2003 and such sums as may be necessary thereafter.
(3) Coast Guard
Of the funds authorized to be appropriated under paragraph (2), not less than 10 percent of such funds for each fiscal year through fiscal year 2005 shall be authorized only for the Under Secretary, through joint agreement with the Commandant of the Coast Guard, to carry out research and development of improved ports, waterways and coastal security surveillance and perimeter protection capabilities for the purpose of minimizing the possibility that Coast Guard cutters, aircraft, helicopters, and personnel will be diverted from non-homeland security missions to the ports, waterways and coastal security mission.
(
Editorial Notes
References in Text
Section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, referred to in subsec. (b)(6), is section 1101 of
Amendments
2015—Subsec. (b)(3)(D).
1 See References in Text note below.
§188. Conduct of research, development, demonstration, testing and evaluation
(a) In general
The Secretary, acting through the Under Secretary for Science and Technology, shall carry out the responsibilities under
(b) Extramural programs
(1) In general
The Secretary, acting through the Under Secretary for Science and Technology, shall operate extramural research, development, demonstration, testing, and evaluation programs so as to—
(A) ensure that colleges, universities, private research institutes, and companies (and consortia thereof) from as many areas of the United States as practicable participate;
(B) ensure that the research funded is of high quality, as determined through merit review processes developed under
(C) distribute funds through grants, cooperative agreements, and contracts.
(2) University-based centers for homeland security
(A) Designation
The Secretary, acting through the Under Secretary for Science and Technology, shall designate a university-based center or several university-based centers for homeland security. The purpose of the center or these centers shall be to establish a coordinated, university-based system to enhance the Nation's homeland security.
(B) Criteria for designation
Criteria for the designation of colleges or universities as a center for homeland security, shall include, but are not limited to, demonstrated expertise in—
(i) The training of first responders.
(ii) Responding to incidents involving weapons of mass destruction and biological warfare.
(iii) Emergency and diagnostic medical services.
(iv) Chemical, biological, radiological, and nuclear countermeasures or detection.
(v) Animal and plant health and diagnostics.
(vi) Food safety.
(vii) Water and wastewater operations.
(viii) Port and waterway security.
(ix) Multi-modal transportation.
(x) Information security and information engineering.
(xi) Engineering.
(xii) Educational outreach and technical assistance.
(xiii) Border transportation and security.
(xiv) The public policy implications and public dissemination of homeland security related research and development.
(C) Discretion of Secretary
To the extent that exercising such discretion is in the interest of homeland security, and with respect to the designation of any given university-based center for homeland security, the Secretary may except certain criteria as specified in subparagraph (B) and consider additional criteria beyond those specified in subparagraph (B). Upon designation of a university-based center for homeland security, the Secretary shall that day publish in the Federal Register the criteria that were excepted or added in the selection process and the justification for the set of criteria that were used for that designation.
(D) Report to Congress
The Secretary shall report annually, from the date of enactment, to Congress concerning the implementation of this section. That report shall indicate which center or centers have been designated and how the designation or designations enhance homeland security, as well as report any decisions to revoke or modify such designations.
(E) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
(c) Intramural programs
(1) Consultation
In carrying out the duties under
(2) Laboratories
The Secretary, acting through the Under Secretary for Science and Technology, may establish a headquarters laboratory for the Department at any laboratory or site and may establish additional laboratory units at other laboratories or sites.
(3) Criteria for headquarters laboratory
If the Secretary chooses to establish a headquarters laboratory pursuant to paragraph (2), then the Secretary shall do the following:
(A) Establish criteria for the selection of the headquarters laboratory in consultation with the National Academy of Sciences, appropriate Federal agencies, and other experts.
(B) Publish the criteria in the Federal Register.
(C) Evaluate all appropriate laboratories or sites against the criteria.
(D) Select a laboratory or site on the basis of the criteria.
(E) Report to the appropriate congressional committees on which laboratory was selected, how the selected laboratory meets the published criteria, and what duties the headquarters laboratory shall perform.
(4) Limitation on operation of laboratories
No laboratory shall begin operating as the headquarters laboratory of the Department until at least 30 days after the transmittal of the report required by paragraph (3)(E).
(d) Preference for United States industry
(1) Definitions
In this subsection:
(A) Country of concern
The term "country of concern" means a country that—
(i) is a covered nation, as such term is defined in
(ii) the Secretary determines is engaged in conduct that is detrimental to the national security of the United States.
(B) Nonprofit organization; small business firm; subject invention
The terms "nonprofit organization", "small business firm", and "subject invention" have the meanings given such terms in
(C) Manufactured substantially in the United States
The term "manufactured substantially in the United States" means an item is a domestic end product.
(D) Domestic end product
The term "domestic end product" has the meaning given such term in section 25.003 of title 48, Code of Federal Regulations, or any successor thereto.
(3) 1 Waivers
(A) In general
Subject to subparagraph (B), in individual cases, the requirements under
(B) Conditions on waivers granted by Department
(i) Before grant of waiver
Before granting a waiver under subparagraph (A), the Secretary shall comply with the procedures developed and implemented by the Department pursuant to section 70923(b)(2) of the Build America, Buy America Act (enacted as subtitle A of title IX of division G of
(ii) Prohibition on granting certain waivers
The Secretary may not grant a waiver under subparagraph (A) if, as a result of such waiver, products embodying the applicable subject invention, or produced through the use of the applicable subject invention, would be manufactured substantially in a country of concern.
(
Editorial Notes
References in Text
The date of enactment, referred to in subsec. (b)(2)(D), probably means the date of enactment of this section by
Section 70923(b)(2) of the Build America, Buy America Act, referred to in subsec. (d)(3)(B)(i), is section 70923(b)(2) of
Amendments
2022—Subsec. (d).
2003—Subsecs. (a) to (c)(1).
1 So in original. There is no par. (2).
§189. Utilization of Department of Energy national laboratories and sites in support of homeland security activities
(a) Authority to utilize national laboratories and sites
(1) In general
In carrying out the missions of the Department, the Secretary may utilize the Department of Energy national laboratories and sites through any 1 or more of the following methods, as the Secretary considers appropriate:
(A) A joint sponsorship arrangement referred to in subsection (b).
(B) A direct contract between the Department and the applicable Department of Energy laboratory or site, subject to subsection (c).
(C) Any "work for others" basis made available by that laboratory or site.
(D) Any other method provided by law.
(2) Acceptance and performance by labs and sites
Notwithstanding any other law governing the administration, mission, use, or operations of any of the Department of Energy national laboratories and sites, such laboratories and sites are authorized to accept and perform work for the Secretary, consistent with resources provided, and perform such work on an equal basis to other missions at the laboratory and not on a noninterference basis with other missions of such laboratory or site.
(b) Joint sponsorship arrangements
(1) Laboratories
The Department may be a joint sponsor, under a multiple agency sponsorship arrangement with the Department of Energy, of 1 or more Department of Energy national laboratories in the performance of work.
(2) Sites
The Department may be a joint sponsor of a Department of Energy site in the performance of work as if such site were a federally funded research and development center and the work were performed under a multiple agency sponsorship arrangement with the Department.
(3) Primary sponsor
The Department of Energy shall be the primary sponsor under a multiple agency sponsorship arrangement referred to in paragraph (1) or (2).
(4) Lead agent
The Secretary of Energy shall act as the lead agent in coordinating the formation and performance of a joint sponsorship arrangement under this subsection between the Department and a Department of Energy national laboratory or site.
(5) Federal Acquisition Regulation
Any work performed by a Department of Energy national laboratory or site under a joint sponsorship arrangement under this subsection shall comply with the policy on the use of federally funded research and development centers under the Federal Acquisition Regulations.
(6) Funding
The Department shall provide funds for work at the Department of Energy national laboratories or sites, as the case may be, under a joint sponsorship arrangement under this subsection under the same terms and conditions as apply to the primary sponsor of such national laboratory under
(c) Separate contracting
To the extent that programs or activities transferred by this chapter from the Department of Energy to the Department of Homeland Security are being carried out through direct contracts with the operator of a national laboratory or site of the Department of Energy, the Secretary of Homeland Security and the Secretary of Energy shall ensure that direct contracts for such programs and activities between the Department of Homeland Security and such operator are separate from the direct contracts of the Department of Energy with such operator.
(d) Authority with respect to cooperative research and development agreements and licensing agreements
In connection with any utilization of the Department of Energy national laboratories and sites under this section, the Secretary may permit the director of any such national laboratory or site to enter into cooperative research and development agreements or to negotiate licensing agreements with any person, any agency or instrumentality, of the United States, any unit of State or local government, and any other entity under the authority granted by
(e) Reimbursement of costs
In the case of an activity carried out by the operator of a Department of Energy national laboratory or site in connection with any utilization of such laboratory or site under this section, the Department of Homeland Security shall reimburse the Department of Energy for costs of such activity through a method under which the Secretary of Energy waives any requirement for the Department of Homeland Security to pay administrative charges or personnel costs of the Department of Energy or its contractors in excess of the amount that the Secretary of Energy pays for an activity carried out by such contractor and paid for by the Department of Energy.
(f) Laboratory directed research and development by the Department of Energy
No funds authorized to be appropriated or otherwise made available to the Department in any fiscal year may be obligated or expended for laboratory directed research and development activities carried out by the Department of Energy unless such activities support the missions of the Department of Homeland Security.
(g) Office for National Laboratories
There is established within the Directorate of Science and Technology an Office for National Laboratories, which shall be responsible for the coordination and utilization of the Department of Energy national laboratories and sites under this section in a manner to create a networked laboratory system for the purpose of supporting the missions of the Department.
(h) Department of Energy coordination on homeland security related research
The Secretary of Energy shall ensure that any research, development, test, and evaluation activities conducted within the Department of Energy that are directly or indirectly related to homeland security are fully coordinated with the Secretary to minimize duplication of effort and maximize the effective application of Federal budget resources.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (c), was in the original "this Act", meaning
Codification
In subsec. (b)(6), "
Statutory Notes and Related Subsidiaries
Securing Energy Infrastructure
"(a)
"(1)
"(A) the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives];
"(B) the Committee on Homeland Security and Governmental Affairs and the Committee on Energy and Natural Resources of the Senate; and
"(C) the Committee on Homeland Security and the Committee on Energy and Commerce of the House of Representatives.
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(8)
"(b)
"(1) partnering with covered entities in the energy sector (including critical component manufacturers in the supply chain) that voluntarily participate in the Program to identify new classes of security vulnerabilities of the covered entities; and
"(2) evaluating technology and standards, in partnership with covered entities, to isolate and defend industrial control systems of covered entities from security vulnerabilities and exploits in the most critical systems of the covered entities, including—
"(A) analog and nondigital control systems;
"(B) purpose-built control systems; and
"(C) physical controls.
"(c)
"(1)
"(A) to evaluate the technology and standards used in the Program under subsection (b)(2); and
"(B) to develop a national cyber-informed engineering strategy to isolate and defend covered entities from security vulnerabilities and exploits in the most critical systems of the covered entities.
"(2)
"(A) The Department of Energy.
"(B) The energy industry, including electric utilities and manufacturers recommended by the Energy Sector coordinating councils.
"(C)(i) The Department of Homeland Security; or
"(ii) the Industrial Control Systems Cyber Emergency Response Team.
"(D) The North American Electric Reliability Corporation.
"(E) The Nuclear Regulatory Commission.
"(F)(i) The Office of the Director of National Intelligence; or
"(ii) the intelligence community (as defined in section 3 of the National Security Act of 1947 (
"(G)(i) The Department of Defense; or
"(ii) the Assistant Secretary of Defense for Homeland Security and America's Security Affairs.
"(H) A State or regional energy agency.
"(I) A national research body or academic institution.
"(J) The National Laboratories.
"(d)
"(1)
"(A) describes the results of the Program;
"(B) includes an analysis of the feasibility of each method studied under the Program; and
"(C) describes the results of the evaluations conducted by the working group established under subsection (c)(1).
"(2)
"(A) describes the results of the Program;
"(B) includes an analysis of the feasibility of each method studied under the Program; and
"(C) describes the results of the evaluations conducted by the working group established under subsection (c)(1).
"(e)
"(1) shall be deemed to be voluntarily shared information;
"(2) shall be exempt from disclosure under
"(3) shall be withheld from the public, without discretion, under
"(f)
"(1)
"(A) shall not lie or be maintained in any court; and
"(B) shall be promptly dismissed by the applicable court.
"(2)
"(g)
"(h)
"(1)
"(2)
"(3)
§190. Transfer of Plum Island Animal Disease Center, Department of Agriculture
(a) In general
In accordance with subchapter XII, the Secretary of Agriculture shall transfer to the Secretary of Homeland Security the Plum Island Animal Disease Center of the Department of Agriculture, including the assets and liabilities of the Center.
(b) Continued Department of Agriculture access
On completion of the transfer of the Plum Island Animal Disease Center under subsection (a), the Secretary of Homeland Security and the Secretary of Agriculture shall enter into an agreement to ensure that the Department of Agriculture is able to carry out research, diagnostic, and other activities of the Department of Agriculture at the Center.
(c) Direction of activities
The Secretary of Agriculture shall continue to direct the research, diagnostic, and other activities of the Department of Agriculture at the Center described in subsection (b).
(d) Notification
(1) In general
At least 180 days before any change in the biosafety level at the Plum Island Animal Disease Center, the President shall notify Congress of the change and describe the reasons for the change.
(2) Limitation
No change described in paragraph (1) may be made earlier than 180 days after the completion of the transition period (as defined in
(
Statutory Notes and Related Subsidiaries
Transfer of National Bio and Agro-Defense Facility
Similar provisions were contained in the following prior acts:
Disposition of Plum Island Property and Transportation Assets
"(1) Federal property commonly known as Plum Island, New York, including the Orient point [probably should be "Point"] facility, all real and personal property and transportation assets that support Plum Island operations and access to Plum Island, be disposed of as a single consolidated asset; and
"(2) such disposal is subject to conditions as may be necessary to protect Government interests and meet program requirements."
§191. Homeland Security Science and Technology Advisory Committee
(a) Establishment
There is established within the Department a Homeland Security Science and Technology Advisory Committee (in this section referred to as the "Advisory Committee"). The Advisory Committee shall make recommendations with respect to the activities of the Under Secretary for Science and Technology, including identifying research areas of potential importance to the security of the Nation.
(b) Membership
(1) Appointment
The Advisory Committee shall consist of 20 members appointed by the Under Secretary for Science and Technology, which shall include emergency first-responders or representatives of organizations or associations of emergency first-responders. The Advisory Committee shall also include representatives of citizen groups, including economically disadvantaged communities. The individuals appointed as members of the Advisory Committee—
(A) shall be eminent in fields such as emergency response, research, engineering, new product development, business, and management consulting;
(B) shall be selected solely on the basis of established records of distinguished service;
(C) shall not be employees of the Federal Government; and
(D) shall be so selected as to provide representation of a cross-section of the research, development, demonstration, and deployment activities supported by the Under Secretary for Science and Technology.
(2) National Research Council
The Under Secretary for Science and Technology may enter into an arrangement for the National Research Council to select members of the Advisory Committee, but only if the panel used by the National Research Council reflects the representation described in paragraph (1).
(c) Terms of office
(1) In general
Except as otherwise provided in this subsection, the term of office of each member of the Advisory Committee shall be 3 years.
(2) Original appointments
The original members of the Advisory Committee shall be appointed to three classes. One class of six shall have a term of 1 year, one class of seven a term of 2 years, and one class of seven a term of 3 years.
(3) Vacancies
A member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed for the remainder of such term.
(d) Eligibility
A person who has completed two consecutive full terms of service on the Advisory Committee shall thereafter be ineligible for appointment during the 1-year period following the expiration of the second such term.
(e) Meetings
The Advisory Committee shall meet at least quarterly at the call of the Chair or whenever one-third of the members so request in writing. Each member shall be given appropriate notice of the call of each meeting, whenever possible not less than 15 days before the meeting.
(f) Quorum
A majority of the members of the Advisory Committee not having a conflict of interest in the matter being considered by the Advisory Committee shall constitute a quorum.
(g) Conflict of interest rules
The Advisory Committee shall establish rules for determining when 1 of its members has a conflict of interest in a matter being considered by the Advisory Committee.
(h) Reports
(1) Annual report
The Advisory Committee shall render an annual report to the Under Secretary for Science and Technology for transmittal to Congress on or before January 31 of each year. Such report shall describe the activities and recommendations of the Advisory Committee during the previous year.
(2) Additional reports
The Advisory Committee may render to the Under Secretary for transmittal to Congress such additional reports on specific policy matters as it considers appropriate.
(i) Exemption from chapter 10 of title 5
(j) Termination
The Department of Homeland Security Science and Technology Advisory Committee shall terminate on December 31, 2008.
(
Editorial Notes
Amendments
2022—Subsec. (i).
2006—Subsec. (j).
2004—Subsec. (c)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
§192. Homeland Security Institute
(a) Establishment
The Secretary shall establish a federally funded research and development center to be known as the "Homeland Security Institute" (in this section referred to as the "Institute").
(b) Administration
The Institute shall be administered as a separate entity by the Secretary.
(c) Duties
The duties of the Institute shall be determined by the Secretary, and may include the following:
(1) Systems analysis, risk analysis, and simulation and modeling to determine the vulnerabilities of the Nation's critical infrastructures and the effectiveness of the systems deployed to reduce those vulnerabilities.
(2) Economic and policy analysis to assess the distributed costs and benefits of alternative approaches to enhancing security.
(3) Evaluation of the effectiveness of measures deployed to enhance the security of institutions, facilities, and infrastructure that may be terrorist targets.
(4) Identification of instances when common standards and protocols could improve the interoperability and effective utilization of tools developed for field operators and first responders.
(5) Assistance for Federal agencies and departments in establishing testbeds to evaluate the effectiveness of technologies under development and to assess the appropriateness of such technologies for deployment.
(6) Design of metrics and use of those metrics to evaluate the effectiveness of homeland security programs throughout the Federal Government, including all national laboratories.
(7) Design of and support for the conduct of homeland security-related exercises and simulations.
(8) Creation of strategic technology development plans to reduce vulnerabilities in the Nation's critical infrastructure and key resources.
(d) Consultation on Institute activities
In carrying out the duties described in subsection (c), the Institute shall consult widely with representatives from private industry, institutions of higher education, nonprofit institutions, other Government agencies, and federally funded research and development centers.
(e) Use of centers
The Institute shall utilize the capabilities of the National Infrastructure Simulation and Analysis Center.
(f) Annual reports
The Institute shall transmit to the Secretary and Congress an annual report on the activities of the Institute under this section.
(g) Termination
The Homeland Security Institute shall terminate 5 years after its establishment.
(
Editorial Notes
Amendments
2004—Subsec. (g).
§193. Technology clearinghouse to encourage and support innovative solutions to enhance homeland security
(a) Establishment of program
The Secretary, acting through the Under Secretary for Science and Technology, shall establish and promote a program to encourage technological innovation in facilitating the mission of the Department (as described in
(b) Elements of program
The program described in subsection (a) shall include the following components:
(1) The establishment of a centralized Federal clearinghouse for information relating to technologies that would further the mission of the Department for dissemination, as appropriate, to Federal, State, and local government and private sector entities for additional review, purchase, or use.
(2) The issuance of announcements seeking unique and innovative technologies to advance the mission of the Department.
(3) The establishment of a technical assistance team to assist in screening, as appropriate, proposals submitted to the Secretary (except as provided in subsection (c)(2)) to assess the feasibility, scientific and technical merits, and estimated cost of such proposals, as appropriate.
(4) The provision of guidance, recommendations, and technical assistance, as appropriate, to assist Federal, State, and local government and private sector efforts to evaluate and implement the use of technologies described in paragraph (1) or (2).
(5) The provision of information for persons seeking guidance on how to pursue proposals to develop or deploy technologies that would enhance homeland security, including information relating to Federal funding, regulation, or acquisition.
(c) Miscellaneous provisions
(1) In general
Nothing in this section shall be construed as authorizing the Secretary or the technical assistance team established under subsection (b)(3) to set standards for technology to be used by the Department, any other executive agency, any State or local government entity, or any private sector entity.
(2) Certain proposals
The technical assistance team established under subsection (b)(3) shall not consider or evaluate proposals submitted in response to a solicitation for offers for a pending procurement or for a specific agency requirement.
(3) Coordination
In carrying out this section, the Secretary shall coordinate with the Technical Support Working Group (organized under the April 1982 National Security Decision Directive Numbered 30).
(
§194. Enhancement of public safety communications interoperability
(a) Coordination of public safety interoperable communications programs
(1) Program
The Secretary of Homeland Security, in consultation with the Secretary of Commerce and the Chairman of the Federal Communications Commission, shall establish a program to enhance public safety interoperable communications at all levels of government. Such program shall—
(A) establish a comprehensive national approach to achieving public safety interoperable communications;
(B) coordinate with other Federal agencies in carrying out subparagraph (A);
(C) develop, in consultation with other appropriate Federal agencies and State and local authorities, appropriate minimum capabilities for communications interoperability for Federal, State, and local public safety agencies;
(D) accelerate, in consultation with other Federal agencies, including the National Institute of Standards and Technology, the private sector, and nationally recognized standards organizations as appropriate, the development of national voluntary consensus standards for public safety interoperable communications, recognizing—
(i) the value, life cycle, and technical capabilities of existing communications infrastructure;
(ii) the need for cross-border interoperability between States and nations;
(iii) the unique needs of small, rural communities; and
(iv) the interoperability needs for daily operations and catastrophic events;
(E) encourage the development and implementation of flexible and open architectures incorporating, where possible, technologies that currently are commercially available, with appropriate levels of security, for short-term and long-term solutions to public safety communications interoperability;
(F) assist other Federal agencies in identifying priorities for research, development, and testing and evaluation with regard to public safety interoperable communications;
(G) identify priorities within the Department of Homeland Security for research, development, and testing and evaluation with regard to public safety interoperable communications;
(H) establish coordinated guidance for Federal grant programs for public safety interoperable communications;
(I) provide technical assistance to State and local public safety agencies regarding planning, acquisition strategies, interoperability architectures, training, and other functions necessary to achieve public safety communications interoperability;
(J) develop and disseminate best practices to improve public safety communications interoperability; and
(K) develop appropriate performance measures and milestones to systematically measure the Nation's progress toward achieving public safety communications interoperability, including the development of national voluntary consensus standards.
(2) Office for Interoperability and Compatibility
(A) Establishment of Office
The Secretary may establish an Office for Interoperability and Compatibility within the Directorate of Science and Technology to carry out this subsection.
(B) Functions
If the Secretary establishes such office, the Secretary shall, through such office—
(i) carry out Department of Homeland Security responsibilities and authorities relating to the SAFECOM Program; and
(ii) carry out section 510 1 of the Homeland Security Act of 2002, as added by subsection (d).
(3) Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out this subsection—
(A) $22,105,000 for fiscal year 2005;
(B) $22,768,000 for fiscal year 2006;
(C) $23,451,000 for fiscal year 2007;
(D) $24,155,000 for fiscal year 2008; and
(E) $24,879,000 for fiscal year 2009.
(b) Report
Not later than 120 days after December 17, 2004, the Secretary shall report to the Congress on Department of Homeland Security plans for accelerating the development of national voluntary consensus standards for public safety interoperable communications, a schedule of milestones for such development, and achievements of such development.
(c) International interoperability
Not later than 18 months after December 17, 2004, the President shall establish a mechanism for coordinating cross-border interoperability issues between—
(1) the United States and Canada; and
(2) the United States and Mexico.
(d) Omitted
(e) Multiyear interoperability grants
(1) Multiyear commitments
In awarding grants to any State, region, local government, or Indian tribe for the purposes of enhancing interoperable communications capabilities for emergency response providers, the Secretary may commit to obligate Federal assistance beyond the current fiscal year, subject to the limitations and restrictions in this subsection.
(2) Restrictions
(A) Time limit
No multiyear interoperability commitment may exceed 3 years in duration.
(B) Amount of committed funds
The total amount of assistance the Secretary has committed to obligate for any future fiscal year under paragraph (1) may not exceed $150,000,000.
(3) Letters of intent
(A) Issuance
Pursuant to paragraph (1), the Secretary may issue a letter of intent to an applicant committing to obligate from future budget authority an amount, not more than the Federal Government's share of the project's cost, for an interoperability communications project (including interest costs and costs of formulating the project).
(B) Schedule
A letter of intent under this paragraph shall establish a schedule under which the Secretary will reimburse the applicant for the Federal Government's share of the project's costs, as amounts become available, if the applicant, after the Secretary issues the letter, carries out the project before receiving amounts under a grant issued by the Secretary.
(C) Notice to Secretary
An applicant that is issued a letter of intent under this subsection shall notify the Secretary of the applicant's intent to carry out a project pursuant to the letter before the project begins.
(D) Notice to Congress
The Secretary shall transmit a written notification to the Congress no later than 3 days before the issuance of a letter of intent under this section.
(E) Limitations
A letter of intent issued under this section is not an obligation of the Government under
(F) Statutory construction
Nothing in this subsection shall be construed—
(i) to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued; or
(ii) to apply to, or replace, Federal assistance intended for interoperable communications that is not provided pursuant to a commitment under this subsection.
(f) Interoperable communications plans
Any applicant requesting funding assistance from the Secretary for interoperable communications for emergency response providers shall submit an Interoperable Communications Plan to the Secretary for approval. Such a plan shall—
(1) describe the current state of communications interoperability in the applicable jurisdictions among Federal, State, and local emergency response providers and other relevant private resources;
(2) describe the available and planned use of public safety frequency spectrum and resources for interoperable communications within such jurisdictions;
(3) describe how the planned use of spectrum and resources for interoperable communications is compatible with surrounding capabilities and interoperable communications plans of Federal, State, and local governmental entities, military installations, foreign governments, critical infrastructure, and other relevant entities;
(4) include a 5-year plan for the dedication of Federal, State, and local government and private resources to achieve a consistent, secure, and effective interoperable communications system, including planning, system design and engineering, testing and technology development, procurement and installation, training, and operations and maintenance;
(5) describe how such 5-year plan meets or exceeds any applicable standards and grant requirements established by the Secretary;
(6) include information on the governance structure used to develop the plan, including such information about all agencies and organizations that participated in developing the plan and the scope and timeframe of the plan; and
(7) describe the method by which multi-jurisdictional, multidisciplinary input is provided from all regions of the jurisdiction, including any high-threat urban areas located in the jurisdiction, and the process for continuing to incorporate such input.
(g) Definitions
In this section:
(1) Interoperable communications
The term "interoperable communications" means the ability of emergency response providers and relevant Federal, State, and local government agencies to communicate with each other as necessary, through a dedicated public safety network utilizing information technology systems and radio communications systems, and to exchange voice, data, and video with one another on demand, in real time, as necessary.
(2) Emergency response providers
The term "emergency response providers" has the meaning that term has under
(h) Omitted
(i) Sense of Congress regarding interoperable communications
(1) Finding
The Congress finds that—
(A) many first responders working in the same jurisdiction or in different jurisdictions cannot effectively and efficiently communicate with one another; and
(B) their inability to do so threatens the public's safety and may result in unnecessary loss of lives and property.
(2) Sense of Congress
It is the sense of Congress that interoperable emergency communications systems and radios should continue to be deployed as soon as practicable for use by the first responder community, and that upgraded and new digital communications systems and new digital radios must meet prevailing national, voluntary consensus standards for interoperability.
(
Editorial Notes
References in Text
Section 510 of the Homeland Security Act of 2002, as added by subsection (d), referred to in subsec. (a)(2)(B)(ii), means section 510 of
Codification
Section is comprised of section 7303 of
Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
Section 301(c) of
Amendments
2007—Subsec. (f)(6), (7).
Subsec. (g)(1).
Statutory Notes and Related Subsidiaries
Effective Date
Transfer of Functions
For transfer of the SAFECOM Program, excluding elements related to research, development, testing, and evaluation and standards, to the Assistant Director for Emergency Communications, see
Department of Homeland Security Interoperable Communications
"(a)
"(1) provides for—
"(A) multiagency collaboration and interoperability; and
"(B) wide-area, secure, and peer-invitation- and-acceptance-based multimedia communications;
"(2) is certified by the Department of Defense Joint Interoperability Test Center; and
"(3) is composed of commercially available, off-the-shelf technology.
"(b)
"(c)
"(d)
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Department of Homeland Security Interoperable Communications Act' or the 'DHS Interoperable Communications Act'.
"SEC. 2. DEFINITIONS.
"In this Act—
"(1) the term 'Department' means the Department of Homeland Security;
"(2) the term 'interoperable communications' has the meaning given that term in section 701(d) [now 701(e)] of the Homeland Security Act of 2002 [
"(3) the term 'Under Secretary for Management' means the Under Secretary for Management of the Department of Homeland Security.
"SEC. 3. INCLUSION OF INTEROPERABLE COMMUNICATIONS CAPABILITIES IN RESPONSIBILITIES OF UNDER SECRETARY FOR MANAGEMENT.
[Amended
"SEC. 4. STRATEGY.
"(a)
"(1) An assessment of interoperability gaps in radio communications among the components of the Department, as of the date of enactment of this Act.
"(2) Information on efforts and activities, including current and planned policies, directives, and training, of the Department since November 1, 2012, to achieve and maintain interoperable communications among the components of the Department, and planned efforts and activities of the Department to achieve and maintain such interoperable communications.
"(3) An assessment of obstacles and challenges to achieving and maintaining interoperable communications among the components of the Department.
"(4) Information on, and an assessment of, the adequacy of mechanisms available to the Under Secretary for Management to enforce and compel compliance with interoperable communications policies and directives of the Department.
"(5) Guidance provided to the components of the Department to implement interoperable communications policies and directives of the Department.
"(6) The total amount of funds expended by the Department since November 1, 2012, and projected future expenditures, to achieve interoperable communications, including on equipment, infrastructure, and maintenance.
"(7) Dates upon which Department-wide interoperability is projected to be achieved for voice, data, and video communications, respectively, and interim milestones that correspond to the achievement of each such mode of communication.
"(b)
"(1) any intra-agency effort or task force that has been delegated certain responsibilities by the Under Secretary for Management relating to achieving and maintaining interoperable communications among the components of the Department by the dates referred to in subsection (a)(7); and
"(2) who, within each such component, is responsible for implementing policies and directives issued by the Under Secretary for Management to so achieve and maintain such interoperable communications.
"SEC. 5. REPORT.
"Not later than 100 days after the date on which the strategy required under section 4(a) is submitted, and every 2 years thereafter for 6 years, the Under Secretary for Management shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the status of efforts to implement the strategy required under section 4(a), including the following:
"(1) Progress on each interim milestone referred to in section 4(a)(7) toward achieving and maintaining interoperable communications among the components of the Department.
"(2) Information on any policies, directives, guidance, and training established by the Under Secretary for Management.
"(3) An assessment of the level of compliance, adoption, and participation among the components of the Department with the policies, directives, guidance, and training established by the Under Secretary for Management to achieve and maintain interoperable communications among the components.
"(4) Information on any additional resources or authorities needed by the Under Secretary for Management.
"SEC. 6. APPLICABILITY.
"Sections 4 and 5 shall only apply with respect to the interoperable communications capabilities within the Department and components of the Department to communicate within the Department."
Cross Border Interoperability Reports
"(a)
"(1) the status of the mechanism established by the President under section 7303(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (
"(A) the United States and Canada; and
"(B) the United States and Mexico;
"(2) the status of treaty negotiations with Canada and Mexico regarding the coordination of the re-banding of 800 megahertz radios, as required under the final rule of the Federal Communication Commission in the 'Private Land Mobile Services; 800 MHz Public Safety Interface Proceeding' (WT Docket No. 02–55; ET Docket No. 00–258; ET Docket No. 95–18, RM–9498; RM–10024; FCC 04–168) including the status of any outstanding issues in the negotiations between—
"(A) the United States and Canada; and
"(B) the United States and Mexico;
"(3) communications between the Commission and the Department of State over possible amendments to the bilateral legal agreements and protocols that govern the coordination process for license applications seeking to use channels and frequencies above Line A;
"(4) the annual rejection rate for the last 5 years by the United States of applications for new channels and frequencies by Canadian private and public entities; and
"(5) any additional procedures and mechanisms that can be taken by the Commission to decrease the rejection rate for applications by United States private and public entities seeking licenses to use channels and frequencies above Line A.
"(b)
"(1) Canada; and
"(2) Mexico.
"(c)
"(1) the current process for considering applications by Canada for frequencies and channels by United States communities above Line A;
"(2) the status of current negotiations to reform and revise such process;
"(3) the estimated date of conclusion for such negotiations;
"(4) whether the current process allows for automatic denials or dismissals of initial applications by the Government of Canada, and whether such denials or dismissals are currently occurring; and
"(5) communications between the Department of State and the Federal Communications Commission pursuant to subsection (a)(3)."
Submission of Reports to Appropriate Congressional Committees
Regional Model Strategic Plan Pilot Projects
1 See References in Text note below.
§195. Office for Interoperability and Compatibility
(a) Clarification of responsibilities
The Director of the Office for Interoperability and Compatibility shall—
(1) assist the Secretary in developing and implementing the science and technology aspects of the program described in subparagraphs (D), (E), (F), and (G) of
(2) in coordination with the Federal Communications Commission, the National Institute of Standards and Technology, and other Federal departments and agencies with responsibility for standards, support the creation of national voluntary consensus standards for interoperable emergency communications;
(3) establish a comprehensive research, development, testing, and evaluation program for improving interoperable emergency communications;
(4) establish, in coordination with the Director for Emergency Communications,1 requirements for interoperable emergency communications capabilities, which shall be nonproprietary where standards for such capabilities exist, for all public safety radio and data communications systems and equipment purchased using homeland security assistance administered by the Department, excluding any alert and warning device, technology, or system;
(5) carry out the Department's responsibilities and authorities relating to research, development, testing, evaluation, or standards-related elements of the SAFECOM Program;
(6) evaluate and assess new technology in real-world environments to achieve interoperable emergency communications capabilities;
(7) encourage more efficient use of existing resources, including equipment, to achieve interoperable emergency communications capabilities;
(8) test public safety communications systems that are less prone to failure, support new nonvoice services, use spectrum more efficiently, and cost less than existing systems;
(9) coordinate with the private sector to develop solutions to improve emergency communications capabilities and achieve interoperable emergency communications capabilities; and
(10) conduct pilot projects, in coordination with the Director for Emergency Communications,1 to test and demonstrate technologies, including data and video, that enhance—
(A) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and
(B) interoperable emergency communications capabilities.
(b) Coordination
The Director of the Office for Interoperability and Compatibility shall coordinate with the Director for Emergency Communications 1 with respect to the SAFECOM program.
(c) Sufficiency of resources
The Secretary shall provide the Office for Interoperability and Compatibility the resources and staff necessary to carry out the responsibilities under this section.
(
Statutory Notes and Related Subsidiaries
Change of Name
Reference to Director for Emergency Communications deemed to be a reference to Assistant Director for Emergency Communications, see section 2(c)(2) of
1 See Change of Name note below.
§195a. Emergency communications interoperability research and development
(a) In general
The Under Secretary for Science and Technology, acting through the Director of the Office for Interoperability and Compatibility, shall establish a comprehensive research and development program to support and promote—
(1) the ability of emergency response providers and relevant government officials to continue to communicate in the event of natural disasters, acts of terrorism, and other man-made disasters; and
(2) interoperable emergency communications capabilities among emergency response providers and relevant government officials, including by—
(A) supporting research on a competitive basis, including through the Directorate of Science and Technology and Homeland Security Advanced Research Projects Agency; and
(B) considering the establishment of a Center of Excellence under the Department of Homeland Security Centers of Excellence Program focused on improving emergency response providers' communication capabilities.
(b) Purposes
The purposes of the program established under subsection (a) include—
(1) supporting research, development, testing, and evaluation on emergency communication capabilities;
(2) understanding the strengths and weaknesses of the public safety communications systems in use;
(3) examining how current and emerging technology can make emergency response providers more effective, and how Federal, State, local, and tribal government agencies can use this technology in a coherent and cost-effective manner;
(4) investigating technologies that could lead to long-term advancements in emergency communications capabilities and supporting research on advanced technologies and potential systemic changes to dramatically improve emergency communications; and
(5) evaluating and validating advanced technology concepts, and facilitating the development and deployment of interoperable emergency communication capabilities.
(c) Definitions
For purposes of this section, the term "interoperable", with respect to emergency communications, has the meaning given the term in
(
§195b. National Biosurveillance Integration Center
(a) Establishment
The Secretary, acting through the Assistant Secretary for the Countering Weapons of Mass Destruction Office, shall establish, operate, and maintain a National Biosurveillance Integration Center (referred to in this section as the "NBIC"), which shall be headed by a Directing Officer, under an office or directorate of the Department that is in existence as of August 3, 2007.
(b) Primary mission
The primary mission of the NBIC is to—
(1) enhance the capability of the Federal Government to—
(A) rapidly identify, characterize, localize, and track a biological event of national concern by integrating and analyzing data relating to human health, animal, plant, food, and environmental monitoring systems (both national and international); and
(B) disseminate alerts and other information to Member Agencies and, in coordination with (and where possible through) Member Agencies, to agencies of State, local, and tribal governments, as appropriate, to enhance the ability of such agencies to respond to a biological event of national concern; and
(2) oversee development and operation of the National Biosurveillance Integration System.
(c) Requirements
The NBIC shall detect, as early as possible, a biological event of national concern that presents a risk to the United States or the infrastructure or key assets of the United States, including by—
(1) consolidating data from all relevant surveillance systems maintained by Member Agencies to detect biological events of national concern across human, animal, and plant species;
(2) seeking private sources of surveillance, both foreign and domestic, when such sources would enhance coverage of critical surveillance gaps;
(3) using an information technology system that uses the best available statistical and other analytical tools to identify and characterize biological events of national concern in as close to real-time as is practicable;
(4) providing the infrastructure for such integration, including information technology systems and space, and support for personnel from Member Agencies with sufficient expertise to enable analysis and interpretation of data;
(5) working with Member Agencies to create information technology systems that use the minimum amount of patient data necessary and consider patient confidentiality and privacy issues at all stages of development and apprise the Privacy Officer of such efforts; and
(6) alerting Member Agencies and, in coordination with (and where possible through) Member Agencies, public health agencies of State, local, and tribal governments regarding any incident that could develop into a biological event of national concern.
(d) Responsibilities of the Directing Officer of the NBIC
(1) In general
The Directing Officer of the NBIC shall—
(A) on an ongoing basis, monitor the availability and appropriateness of surveillance systems used by the NBIC and those systems that could enhance biological situational awareness or the overall performance of the NBIC;
(B) on an ongoing basis, review and seek to improve the statistical and other analytical methods used by the NBIC;
(C) receive and consider other relevant homeland security information, as appropriate; and
(D) provide technical assistance, as appropriate, to all Federal, regional, State, local, and tribal government entities and private sector entities that contribute data relevant to the operation of the NBIC.
(2) Assessments
The Directing Officer of the NBIC shall—
(A) on an ongoing basis, evaluate available data for evidence of a biological event of national concern; and
(B) integrate homeland security information with NBIC data to provide overall situational awareness and determine whether a biological event of national concern has occurred.
(3) Information sharing
(A) In general
The Directing Officer of the NBIC shall—
(i) establish a method of real-time communication with the National Operations Center;
(ii) in the event that a biological event of national concern is detected, notify the Secretary and disseminate results of NBIC assessments relating to that biological event of national concern to appropriate Federal response entities and, in coordination with relevant Member Agencies, regional, State, local, and tribal governmental response entities in a timely manner;
(iii) provide any report on NBIC assessments to Member Agencies and, in coordination with relevant Member Agencies, any affected regional, State, local, or tribal government, and any private sector entity considered appropriate that may enhance the mission of such Member Agencies, governments, or entities or the ability of the Nation to respond to biological events of national concern; and
(iv) share NBIC incident or situational awareness reports, and other relevant information, consistent with the information sharing environment established under
(B) Consultation
The Directing Officer of the NBIC shall implement the activities described in subparagraph (A) consistent with the policies, guidelines, procedures, instructions, or standards established under
(e) Responsibilities of the NBIC member agencies
(1) 1 In general
Each Member Agency shall—
(A) use its best efforts to integrate biosurveillance information into the NBIC, with the goal of promoting information sharing between Federal, State, local, and tribal governments to detect biological events of national concern;
(B) provide timely information to assist the NBIC in maintaining biological situational awareness for accurate detection and response purposes;
(C) enable the NBIC to receive and use biosurveillance information from member agencies to carry out its requirements under subsection (c);
(D) connect the biosurveillance data systems of that Member Agency to the NBIC data system under mutually agreed protocols that are consistent with subsection (c)(5);
(E) participate in the formation of strategy and policy for the operation of the NBIC and its information sharing;
(F) provide personnel to the NBIC under an interagency personnel agreement and consider the qualifications of such personnel necessary to provide human, animal, and environmental data analysis and interpretation support to the NBIC; and
(G) retain responsibility for the surveillance and intelligence systems of that department or agency, if applicable.
(f) Administrative authorities
(1) Hiring of experts
The Directing Officer of the NBIC shall hire individuals with the necessary expertise to develop and operate the NBIC.
(2) Detail of personnel
Upon the request of the Directing Officer of the NBIC, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Department to assist the NBIC in carrying out this section.
(g) NBIC interagency working group
The Directing Officer of the NBIC shall—
(1) establish an interagency working group to facilitate interagency cooperation and to advise the Directing Officer of the NBIC regarding recommendations to enhance the biosurveillance capabilities of the Department; and
(2) invite Member Agencies to serve on that working group.
(h) Relationship to other departments and agencies
The authority of the Directing Officer of the NBIC under this section shall not affect any authority or responsibility of any other department or agency of the Federal Government with respect to biosurveillance activities under any program administered by that department or agency.
(i) Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section.
(j) Definitions
In this section:
(1) The terms "biological agent" and "toxin" have the meanings given those terms in