US (United States) Code. Title 5. Chapter 1: Homeland Security Organization

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Domestic security

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-CITE-

6 USC CHAPTER 1 - HOMELAND SECURITY ORGANIZATION 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

.

-HEAD-

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

-MISC1-

Sec.

101. Definitions.

102. Construction; severability.

SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY

111. Executive department; mission.

(a) Establishment.

(b) Mission.

112. Secretary; functions.

(a) Secretary.

(b) Functions.

(c) Coordination with non-Federal entities.

(d) Meetings of National Security Council.

(e) Issuance of regulations.

(f) Special Assistant to the Secretary.

(g) Standards policy.

113. Other officers.

(a) Deputy Secretary; Under Secretaries.

(b) Inspector General.

(c) Commandant of the Coast Guard.

(d) Other officers.

(e) Performance of specific functions.

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

PART A - DIRECTORATE FOR INFORMATION ANALYSIS AND INFRASTRUCTURE

PROTECTION; ACCESS TO INFORMATION

121. Directorate for Information Analysis and Infrastructure

Protection.

(a) Under Secretary of Homeland Security for

Information Analysis and Infrastructure

Protection.

(b) Assistant Secretary for Information Analysis;

Assistant Secretary for Infrastructure

Protection.

(c) Discharge of information analysis and

infrastructure protection.

(d) Responsibilities of Under Secretary.

(e) Staff.

(f) Detail of personnel.

(g) Functions transferred.

122. Access to information.

(a) In general.

(b) Manner of access.

(c) Treatment under certain laws.

(d) Access to intelligence and other information.

PART B - CRITICAL INFRASTRUCTURE INFORMATION

131. Definitions.

132. Designation of critical infrastructure protection program.

133. Protection of voluntarily shared critical infrastructure

information.

(a) Protection.

(b) Limitation.

(c) Independently obtained information.

(d) Treatment of voluntary submittal of information.

(e) Procedures.

(f) Penalties.

(g) Authority to issue warnings.

(h) Authority to delegate.

134. No private right of action.

PART C - INFORMATION SECURITY

141. Procedures for sharing information.

142. Privacy officer.

143. Enhancement of non-Federal cybersecurity.

144. NET Guard.

145. Cyber Security Enhancement Act of 2002.

(a) Short title.

(b) Amendment of sentencing guidelines relating to

certain computer crimes.

(c) Study and report on computer crimes.

(d) Emergency disclosure exception.

PART D - OFFICE OF SCIENCE AND TECHNOLOGY

161. Establishment of Office; Director.

(a) Establishment.

(b) Director.

162. Mission of Office; duties.

(a) Mission.

(b) Duties.

(c) Competition required.

(d) Information from Federal agencies.

(e) Publications.

(f) Transfer of funds.

(g) Annual report.

163. Definition of law enforcement technology.

164. Abolishment of Office of Science and Technology of National

Institute of Justice; transfer of functions.

(a) Authority to transfer functions.

(b) Transfer of personnel and assets.

(c) Report on implementation.

165. National Law Enforcement and Corrections Technology Centers.

(a) In general.

(b) Purpose of Centers.

(c) Annual meeting.

(d) Report.

SUBCHAPTER III - SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND

SECURITY

181. Under Secretary for Science and Technology.

182. Responsibilities and authorities of the Under Secretary for

Science and Technology.

183. Functions transferred.

184. Conduct of certain public health-related activities.

(a) In general.

(b) Evaluation of progress.

185. Federally funded research and development centers.

186. Miscellaneous provisions.

(a) Classification.

(b) Construction.

(c) Regulations.

(d) Notification of Presidential life sciences

designations.

187. Homeland Security Advanced Research Projects Agency.

(a) Definitions.

(b) Homeland Security Advanced Research Projects

Agency.

(c) Fund.

188. Conduct of research, development, demonstration, testing and

evaluation.

(a) In general.

(b) Extramural programs.

(c) Intramural programs.

189. Utilization of Department of Energy national laboratories and

sites in support of homeland security activities.

(a) Authority to utilize national laboratories and

sites.

(b) Joint sponsorship arrangements.

(c) Separate contracting.

(d) Authority with respect to cooperative research

and development agreements and licensing

agreements.

(e) Reimbursement of costs.

(f) Laboratory directed research and development by

the Department of Energy.

(g) Office for National Laboratories.

(h) Department of Energy coordination on homeland

security related research.

190. Transfer of Plum Island Animal Disease Center, Department of

Agriculture.

(a) In general.

(b) Continued Department of Agriculture access.

(c) Direction of activities.

(d) Notification.

191. Homeland Security Science and Technology Advisory Committee.

(a) Establishment.

(b) Membership.

(c) Terms of office.

(d) Eligibility.

(e) Meetings.

(f) Quorum.

(g) Conflict of interest rules.

(h) Reports.

(i) Federal Advisory Committee Act exemption.

(j) Termination.

192. Homeland Security Institute.

(a) Establishment.

(b) Administration.

(c) Duties.

(d) Consultation on Institute activities.

(e) Use of centers.

(f) Annual reports.

(g) Termination.

193. Technology clearinghouse to encourage and support innovative

solutions to enhance homeland security.

(a) Establishment of program.

(b) Elements of program.

(c) Miscellaneous provisions.

SUBCHAPTER IV - DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY

PART A - UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY

201. Under Secretary for Border and Transportation Security.

202. Responsibilities.

203. Functions transferred.

PART B - UNITED STATES CUSTOMS SERVICE

211. Establishment; Commissioner of Customs.

(a) Establishment.

(b) Commissioner of Customs.

212. Retention of Customs revenue functions by Secretary of the

Treasury.

(a) Retention of Customs revenue functions by

Secretary of the Treasury.

(b) Maintenance of Customs revenue functions.

(c) New personnel.

213. Preservation of Customs funds.

214. Separate budget request for Customs.

215. Definition.

216. GAO report to Congress.

217. Allocation of resources by the Secretary.

(a) In general.

(b) Notification of Congress.

(c) Definition.

218. Reports to Congress.

(a) Continuing reports.

(b) Report on conforming amendments.

PART C - MISCELLANEOUS PROVISIONS

231. Transfer of certain agricultural inspection functions of the

Department of Agriculture.

(a) Transfer of agricultural import and entry

inspection functions.

(b) Covered animal and plant protection laws.

(c) Exclusion of quarantine activities.

(d) Effect of transfer.

(e) Transfer agreement.

(f) Periodic transfer of funds to Department of

Homeland Security.

(g) Transfer of Department of Agriculture employees.

232. Functions of Administrator of General Services.

(a) Operation, maintenance, and protection of Federal

buildings and grounds.

(b) Collection of rents and fees; Federal Buildings

Fund.

233. Functions of Transportation Security Administration.

(a) Consultation with Federal Aviation

Administration.

(b) Report to Congress.

(c) Limitations on statutory construction.

234. Preservation of Transportation Security Administration as a

distinct entity.

(a) In general.

(b) Sunset.

235. Coordination of information and information technology.

(a) Definition of affected agency.

(b) Coordination.

(c) Report and plan.

236. Visa issuance.

(a) Definition.

(b) In general.

(c) Authority of the Secretary of State.

(d) Consular officers and chiefs of missions.

(e) Assignment of Homeland Security employees to

diplomatic and consular posts.

(f) No creation of private right of action.

(g) Study regarding use of foreign nationals.

(h) Report.

(i) Visa issuance program for Saudi Arabia.

237. Information on visa denials required to be entered into

electronic data system.

(a) In general.

(b) Prohibition.

238. Office for Domestic Preparedness.

(a) In general.

(b) Director.

(c) Responsibilities.

(d) Fiscal years 2003 and 2004.

PART D - IMMIGRATION ENFORCEMENT FUNCTIONS

251. Transfer of functions to Under Secretary for Border and

Transportation Security.

252. Establishment of Bureau of Border Security.

(a) Establishment of Bureau.

(b) Chief of Policy and Strategy.

(c) Legal advisor.

253. Professional responsibility and quality review.

254. Employee discipline.

255. Report on improving enforcement functions.

(a) In general.

(b) Consultation.

256. Sense of Congress regarding construction of fencing near San

Diego, California.

PART E - CITIZENSHIP AND IMMIGRATION SERVICES

271. Establishment of Bureau of Citizenship and Immigration

Services.

(a) Establishment of Bureau.

(b) Transfer of functions from Commissioner.

(c) Chief of Policy and Strategy.

(d) Legal advisor.

(e) Budget Officer.

(f) Chief of Office of Citizenship.

272. Citizenship and Immigration Services Ombudsman.

(a) In general.

(b) Functions.

(c) Annual reports.

(d) Other responsibilities.

(e) Personnel actions.

(f) Responsibilities of Bureau of Citizenship and

Immigration Services.

(g) Operation of local offices.

273. Professional responsibility and quality review.

(a) In general.

(b) Special considerations.

274. Employee discipline.

275. Transition.

(a) References.

(b) Other transition issues.

276. Report on improving immigration services.

(a) In general.

(b) Contents.

(c) Consultation.

277. Report on responding to fluctuating needs.

278. Application of Internet-based technologies.

(a) Establishment of tracking system.

(b) Feasibility study for online filing and improved

processing.

(c) Technology Advisory Committee.

279. Children's affairs.

(a) Transfer of functions.

(b) Functions.

(c) Rule of construction.

(d) Effective date.

(e) References.

(f) Other transition issues.

(g) Definitions.

PART F - GENERAL IMMIGRATION PROVISIONS

291. Abolishment of INS.

(a) In general.

(b) Prohibition.

292. Voluntary separation incentive payments.

(a) Definitions.

(b) Strategic restructuring plan.

(c) Authority.

(d) Additional agency contributions to the retirement

fund.

(e) Effect of subsequent employment with the

Government.

(f) Effect on employment levels.

293. Authority to conduct a demonstration project relating to

disciplinary action.

(a) In general.

(b) Scope.

(c) Procedures.

(d) Actions involving discrimination.

(e) Certain employees.

(f) Reports.

(g) Definition.

294. Sense of Congress.

295. Director of Shared Services.

(a) In general.

(b) Functions.

296. Separation of funding.

(a) In general.

(b) Separate budgets.

(c) Fees.

(d) Fees not transferable.

297. Reports and implementation plans.

(a) Division of funds.

(b) Division of personnel.

(c) Implementation plan.

(d) Comptroller General studies and reports.

298. Immigration functions.

(a) Annual report.

(b) Sense of Congress regarding immigration services.

SUBCHAPTER V - EMERGENCY PREPAREDNESS AND RESPONSE

311. Under Secretary for Emergency Preparedness and Response.

312. Responsibilities.

313. Functions transferred.

314. Nuclear incident response.

(a) In general.

(b) Rule of construction.

315. Conduct of certain public health-related activities.

(a) In general.

(b) Evaluation of progress.

316. Definition.

317. Role of Federal Emergency Management Agency.

(a) In general.

(b) Federal Response Plan.

318. Use of national private sector networks in emergency response.

319. Use of commercially available technology, goods, and services.

SUBCHAPTER VI - TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE

ARMED FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL

ORGANIZATIONS

331. Treatment of charitable trusts for members of the Armed Forces

of the United States and other governmental organizations.

(a) Findings.

(b) Designation of Johnny Micheal Spann Patriot

Trusts.

(c) Requirements for the designation of Johnny

Micheal Spann Patriot Trusts.

(d) Treatment of Johnny Micheal Spann Patriot Trusts.

(e) Notification of Trust beneficiaries.

(f) Regulations.

SUBCHAPTER VII - MANAGEMENT

341. Under Secretary for Management.

(a) In general.

(b) Immigration.

342. Chief Financial Officer.

343. Chief Information Officer.

344. Chief Human Capital Officer.

345. Establishment of Officer for Civil Rights and Civil Liberties.

(a) In general.

(b) Report.

346. Consolidation and co-location of offices.

SUBCHAPTER VIII - COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR

GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL

PROVISIONS

PART A - COORDINATION WITH NON-FEDERAL ENTITIES

361. Office for State and Local Government Coordination.

(a) Establishment.

(b) Responsibilities.

PART B - INSPECTOR GENERAL

371. Authority of the Secretary.

(a) In general.

(b) Prohibition of certain investigations.

(c) Notification required.

(d) Access to information by Congress.

PART C - UNITED STATES SECRET SERVICE

381. Functions transferred.

PART D - ACQUISITIONS

391. Research and development projects.

(a) Authority.

(b) Report.

(c) Procurement of temporary and intermittent

services.

(d) Definition of nontraditional Government

contractor.

392. Personal services.

393. Special streamlined acquisition authority.

(a) Authority.

(b) Increased micro-purchase threshold for certain

procurements.

(c) Simplified acquisition procedures.

(d) Application of certain commercial items

authorities.

(e) Report.

394. Unsolicited proposals.

(a) Regulations required.

(b) Content of regulations.

395. Prohibition on contracts with corporate expatriates.

(a) In general.

(b) Inverted domestic corporation.

(c) Definitions and special rules.

(d) Waivers.

PART E - HUMAN RESOURCES MANAGEMENT

411. Establishment of human resources management system.

(a) Authority.

(b) Effect on personnel.

412. Labor-management relations.

(a) Limitation on exclusionary authority.

(b) Provisions relating to bargaining units.

(c) Waiver.

(d) Coordination rule.

(e) Rule of construction.

PART F - FEDERAL EMERGENCY PROCUREMENT FLEXIBILITY

421. Definition.

422. Procurements for defense against or recovery from terrorism or

nuclear, biological, chemical, or radiological attack.

423. Increased simplified acquisition threshold for procurements in

support of humanitarian or peacekeeping operations or contingency

operations.

(a) Temporary threshold amounts.

(b) Simplified acquisition threshold definitions.

(c) Small business reserve.

424. Increased micro-purchase threshold for certain procurements.

425. Application of certain commercial items authorities to certain

procurements.

(a) Authority.

(b) Inapplicability of limitation on use of

simplified acquisition procedures.

(c) Continuation of authority for simplified purchase

procedures.

426. Use of streamlined procedures.

(a) Required use.

(b) Waiver of certain small business threshold

requirements.

427. Review and report by Comptroller General.

(a) Requirements.

(b) Content of report.

(c) Consultation.

428. Identification of new entrants into the Federal marketplace.

PART G - SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES

441. Administration.

(a) In general.

(b) Designation of qualified anti-terrorism

technologies.

(c) Regulations.

442. Litigation management.

(a) Federal cause of action.

(b) Special rules.

(c) Collateral sources.

(d) Government contractor defense.

(e) Exclusion.

443. Risk management.

(a) In general.

(b) Reciprocal waiver of claims.

(c) Extent of liability.

444. Definitions.

PART H - MISCELLANEOUS PROVISIONS

451. Advisory committees.

(a) In general.

(b) Termination.

452. Reorganization.

(a) Reorganization.

(b) Limitations.

453. Use of appropriated funds.

(a) Disposal of property.

(b) Gifts.

(c) Budget request.

454. Future Years Homeland Security Program.

(a) In general.

(b) Contents.

(c) Effective date.

455. Miscellaneous authorities.

(a) Seal.

(b) Participation of members of the Armed Forces.

(c) Redelegation of functions.

456. Military activities.

457. Regulatory authority and preemption.

(a) Regulatory authority.

(b) Preemption of State or local law.

458. Counternarcotics officer.

459. Office of International Affairs.

(a) Establishment.

(b) Duties of the Director.

460. Prohibition of the Terrorism Information and Prevention

System.

461. Review of pay and benefit plans.

462. Office of National Capital Region Coordination.

(a) Establishment.

(b) Responsibilities.

(c) Annual report.

(d) Limitation.

463. Requirement to comply with laws protecting equal employment

opportunity and providing whistleblower protections.

464. Federal Law Enforcement Training Center.

(a) In general.

(b) Continuity of operations.

465. Joint Interagency Task Force.

(a) Establishment.

(b) Structure.

466. Sense of Congress reaffirming the continued importance and

applicability of the Posse Comitatus Act.

(a) Findings.

(b) Sense of Congress.

467. Coordination with the Department of Health and Human Services

under the Public Health Service Act.

(a) In general.

(b) Disclosures among relevant agencies.

468. Preserving Coast Guard mission performance.

(a) Definitions.

(b) Transfer.

(c) Maintenance of status of functions and assets.

(d) Certain transfers prohibited.

(e) Changes to missions.

(f) Annual review.

(g) Direct reporting to Secretary.

(h) Operation as a service in the Navy.

(i) Report on accelerating the Integrated Deepwater

System.

PART I - INFORMATION SHARING

481. Short title; findings; and sense of Congress.

(a) Short title.

(b) Findings.

(c) Sense of Congress.

482. Facilitating homeland security information sharing procedures.

(a) Procedures for determining extent of sharing of

homeland security information.

(b) Procedures for sharing of homeland security

information.

(c) Sharing of classified information and sensitive

but unclassified information with State and

local personnel.

(d) Responsible officials.

(e) Federal control of information.

(f) Definitions.

(g) Construction.

483. Report.

(a) Report required.

(b) Specified congressional committees.

484. Authorization of appropriations.

SUBCHAPTER IX - NATIONAL HOMELAND SECURITY COUNCIL

491. National Homeland Security Council.

492. Function.

493. Membership.

494. Other functions and activities.

495. Staff composition.

496. Relation to the National Security Council.

SUBCHAPTER X - CONSTRUCTION

511. Information security responsibilities of certain agencies.

512. Construction.

513. Federal air marshal program.

SUBCHAPTER XI - DEPARTMENT OF JUSTICE DIVISIONS

PART A - EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

521. Legal status of EOIR.

522. Statutory construction.

PART B - TRANSFER OF THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS TO

THE DEPARTMENT OF JUSTICE

531. Bureau of Alcohol, Tobacco, Firearms, and Explosives.

(a) Establishment.

(b) Responsibilities.

(c) Transfer of authorities, functions, personnel,

and assets to the Department of Justice.

(d) Tax and Trade Bureau.

532. Explosives Training and Research Facility.

(a) Establishment.

(b) Purpose.

(c) Authorization of appropriations.

533. Personnel Management Demonstration Project.

SUBCHAPTER XII - TRANSITION

PART A - REORGANIZATION PLAN

541. Definitions.

542. Reorganization plan.

(a) Submission of plan.

(b) Plan elements.

(c) Modification of plan.

(d) Effective date.

543. Review of congressional committee structures.

PART B - TRANSITIONAL PROVISIONS

551. Transitional authorities.

(a) Provision of assistance by officials.

(b) Services and personnel.

(c) Acting officials.

(d) Transfer of personnel, assets, obligations, and

functions.

(e) Prohibition on use of transportation trust funds.

552. Savings provisions.

(a) Completed administrative actions.

(b) Pending proceedings.

(c) Pending civil actions.

(d) References.

(e) Employment provisions.

(f) Statutory reporting requirements.

553. Terminations.

554. National identification system not authorized.

555. Continuity of Inspector General oversight.

556. Incidental transfers.

557. Reference.

-CITE-

6 USC Sec. 101 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

-HEAD-

Sec. 101. Definitions

-STATUTE-

In this chapter, the following definitions apply:

(1) Each of the terms ''American homeland'' and ''homeland''

means the United States.

(2) The term ''appropriate congressional committee'' means any

committee of the House of Representatives or the Senate having

legislative or oversight jurisdiction under the Rules of the

House of Representatives or the Senate, respectively, over the

matter concerned.

(3) The term ''assets'' includes contracts, facilities,

property, records, unobligated or unexpended balances of

appropriations, and other funds or resources (other than

personnel).

(4) The term ''critical infrastructure'' has the meaning given

that term in section 5195c(e) of title 42.

(5) The term ''Department'' means the Department of Homeland

Security.

(6) The term ''emergency response providers'' includes Federal,

State, and local emergency public safety, law enforcement,

emergency response, emergency medical (including hospital

emergency facilities), and related personnel, agencies, and

authorities.

(7) The term ''executive agency'' means an executive agency and

a military department, as defined, respectively, in sections 105

and 102 of title 5.

(8) The term ''functions'' includes authorities, powers,

rights, privileges, immunities, programs, projects, activities,

duties, and responsibilities.

(9) The term ''key resources'' means publicly or privately

controlled resources essential to the minimal operations of the

economy and government.

(10) 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.

(11) The term ''major disaster'' has the meaning given in

section 5122(2) of title 42.

(12) The term ''personnel'' means officers and employees.

(13) The term ''Secretary'' means the Secretary of Homeland

Security.

(14) 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.

(15) 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.

(16)(A) The term ''United States'', when used in a geographic

sense, means any State of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,

Guam, American Samoa, the Commonwealth of the Northern Mariana

Islands, any possession of the United States, and any waters

within the jurisdiction of the United States.

(B) Nothing in this paragraph or any other provision of this

chapter shall be construed to modify the definition of ''United

States'' for the purposes of the Immigration and Nationality Act

(8 U.S.C. 1101 et seq.) or any other immigration or nationality

law.

-SOURCE-

(Pub. L. 107-296, Sec. 2, Nov. 25, 2002, 116 Stat. 2140.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135,

known as the Homeland Security Act of 2002, which is classified

principally to this chapter. For complete classification of this

Act to the Code, see Short Title note set out below and Tables.

The Immigration and Nationality Act, referred to in par. (16)(B),

is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is

classified principally to chapter 12 (Sec. 1101 et seq.) of Title

8, Aliens and Nationality. For complete classification of this Act

to the Code, see Short Title note set out under section 1101 of

Title 8 and Tables.

-MISC2-

EFFECTIVE DATE

Pub. L. 107-296, Sec. 4, Nov. 25, 2002, 116 Stat. 2142, provided

that: ''This Act (see Tables for classification) shall take effect

60 days after the date of enactment (Nov. 25, 2002).''

SHORT TITLE

Pub. L. 107-296, Sec. 1(a), Nov. 25, 2002, 116 Stat. 2135,

provided that: ''This Act (see Tables for classification) may be

cited as the 'Homeland Security Act of 2002'.''

Pub. L. 107-296, title II, Sec. 211, Nov. 25, 2002, 116 Stat.

2150, provided that: ''This subtitle (subtitle B (Sec. 211-215) of

title II of Pub. L. 107-296, enacting part B of subchapter II of

this chapter) may be cited as the 'Critical Infrastructure

Information Act of 2002'.''

Pub. L. 107-296, title VIII, Sec. 861, Nov. 25, 2002, 116 Stat.

2238, provided that: ''This subtitle (subtitle G (Sec. 861-865) of

title VIII of Pub. L. 107-296, enacting part G of subchapter VIII

of this chapter) may be cited as the 'Support Anti-terrorism by

Fostering Effective Technologies Act of 2002' or the 'SAFETY

Act'.''

For short title of part I of subchapter VIII of this chapter as

the ''Homeland Security Information Sharing Act'', see section

481(a) of this title.

Pub. L. 107-296, title X, Sec. 1001(a), Nov. 25, 2002, 116 Stat.

2259, provided that: ''This title (enacting subchapter X of this

chapter and sections 3531 to 3537 and 3538 of Title 44, Public

Printing and Documents, amending section 2224 of Title 10, Armed

Forces, sections 278g-3 and 278g-4 of Title 15, Commerce and Trade,

section 11331 of Title 40, Public Buildings, Property, and Works,

and sections 3504 to 3506 of Title 44, and repealing section 11332

of Title 40 and provisions set out as notes under section 3531 of

Title 44) may be cited as the 'Federal Information Security

Management Act of 2002'.''

NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES

Pub. L. 107-306, title VI, Nov. 27, 2002, 116 Stat. 2408,

provided that:

''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) Members. - The Commission shall be composed of 10 members,

of whom -

''(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) Qualifications; Initial Meeting. -

''(1) Political party affiliation. - Not more than 5 members of

the Commission shall be from the same political party.

''(2) Nongovernmental appointees. - An individual appointed to

the Commission may not be an officer or employee of the Federal

Government or any State or local government.

''(3) Other qualifications. - It is the sense of Congress that

individuals appointed to the Commission should be prominent

United States citizens, with national recognition and significant

depth of experience in such professions as governmental service,

law enforcement, the armed services, law, public administration,

intelligence gathering, commerce (including aviation matters),

and foreign affairs.

''(4) Deadline for appointment. - All members of the Commission

shall be appointed on or before December 15, 2002.

''(5) Initial meeting. - The Commission shall meet and begin

the operations of the Commission as soon as practicable.

''(c) Quorum; Vacancies. - After its initial meeting, the

Commission shall meet upon the call of the chairman or a majority

of its members. Six members of the Commission shall constitute a

quorum. Any vacancy in the Commission shall not affect its powers,

but shall be filled in the same manner in which the original

appointment was made.

''SEC. 604. FUNCTIONS OF COMMISSION.

''(a) In General. - The functions of the Commission are to -

''(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) Relationship to Intelligence Committees' Inquiry. - When

investigating facts and circumstances relating to the intelligence

community, the Commission shall -

''(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) In General. -

''(1) Hearings and evidence. - The Commission or, on the

authority of the Commission, any subcommittee or member thereof,

may, for the purpose of carrying out this title -

''(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) Subpoenas. -

''(A) Issuance. -

''(i) In general. - A subpoena may be issued under this

subsection only -

''(I) by the agreement of the chairman and the vice chairman; or

''(II) by the affirmative vote of 6 members of the Commission.

''(ii) Signature. - Subject to clause (i), subpoenas issued

under this subsection may be issued under the signature of

the chairman or any member designated by a majority of the

Commission, and may be served by any person designated by the

chairman or by a member designated by a majority of the

Commission.

''(B) Enforcement. -

''(i) In general. - In the case of contumacy or failure to

obey a subpoena issued under subsection (a), the United

States district court for the judicial district in which the

subpoenaed person resides, is served, or may be found, or

where the subpoena is returnable, may issue an order

requiring such person to appear at any designated place to

testify or to produce documentary or other evidence. Any

failure to obey the order of the court may be punished by the

court as a contempt of that court.

''(ii) Additional enforcement. - In the case of any failure

of any witness to comply with any subpoena or to testify when

summoned under authority of this section, the Commission may,

by majority vote, certify a statement of fact constituting

such failure to the appropriate United States attorney, who

may bring the matter before the grand jury for its action,

under the same statutory authority and procedures as if the

United States attorney had received a certification under

sections 102 through 104 of the Revised Statutes of the

United States (2 U.S.C. 192 through 194).

''(b) Contracting. - The Commission may, to such extent and in

such amounts as are provided in appropriation Acts, enter into

contracts to enable the Commission to discharge its duties under

this title.

''(c) Information From Federal Agencies. -

''(1) In general. - The Commission is authorized to secure

directly from any executive department, bureau, agency, board,

commission, office, independent establishment, or instrumentality

of the Government, information, suggestions, estimates, and

statistics for the purposes of this title. Each department,

bureau, agency, board, commission, office, independent

establishment, or instrumentality shall, to the extent authorized

by law, furnish such information, suggestions, estimates, and

statistics directly to the Commission, upon request made by the

chairman, the chairman of any subcommittee created by a majority

of the Commission, or any member designated by a majority of the

Commission.

''(2) Receipt, handling, storage, and dissemination. -

Information shall only be received, handled, stored, and

disseminated by members of the Commission and its staff

consistent with all applicable statutes, regulations, and

Executive orders.

''(d) Assistance From Federal Agencies. -

''(1) General services administration. - The Administrator of

General Services shall provide to the Commission on a

reimbursable basis administrative support and other services for

the performance of the Commission's functions.

''(2) Other departments and agencies. - In addition to the

assistance prescribed in paragraph (1), departments and agencies

of the United States may provide to the Commission such services,

funds, facilities, staff, and other support services as they may

determine advisable and as may be authorized by law.

''(e) Gifts. - The Commission may accept, use, and dispose of

gifts or donations of services or property.

''(f) Postal Services. - The Commission may use the United States

mails in the same manner and under the same conditions as

departments and agencies of the United States.

''SEC. 606. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

''(a) In General. - The Federal Advisory Committee Act (5 U.S.C.

App.) shall not apply to the Commission.

''(b) Public Meetings and Release of Public Versions of Reports.

- The Commission shall -

''(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) Public Hearings. - Any public hearings of the Commission

shall be conducted in a manner consistent with the protection of

information provided to or developed for or by the Commission as

required by any applicable statute, regulation, or Executive order.

''SEC. 607. STAFF OF COMMISSION.

''(a) In General. -

''(1) Appointment and compensation. - The chairman, in

consultation with vice chairman, in accordance with rules agreed

upon by the Commission, may appoint and fix the compensation of a

staff director and such other personnel as may be necessary to

enable the Commission to carry out its functions, without regard

to the provisions of title 5, United States Code, governing

appointments in the competitive service, and without regard to

the provisions of chapter 51 and subchapter III of chapter 53 of

such title relating to classification and General Schedule pay

rates, except that no rate of pay fixed under this subsection may

exceed the equivalent of that payable for a position at level V

of the Executive Schedule under section 5316 of title 5, United

States Code.

''(2) Personnel as federal employees. -

''(A) In general. - The executive director and any personnel

of the Commission who are employees shall be employees under

section 2105 of title 5, United States Code, for purposes of

chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.

''(B) Members of commission. - Subparagraph (A) shall not be

construed to apply to members of the Commission.

''(b) Detailees. - Any Federal Government employee may be

detailed to the Commission without reimbursement from the

Commission, and such detailee shall retain the rights, status, and

privileges of his or her regular employment without interruption.

''(c) Consultant Services. - The Commission is authorized to

procure the services of experts and consultants in accordance with

section 3109 of title 5, United States Code, but at rates not to

exceed the daily rate paid a person occupying a position at level

IV of the Executive Schedule under section 5315 of title 5, United

States Code.

''SEC. 608. COMPENSATION AND TRAVEL EXPENSES.

''(a) Compensation. - Each member of the Commission may be

compensated at not to exceed the daily equivalent of the annual

rate of basic pay in effect for a position at level IV of the

Executive Schedule under section 5315 of title 5, United States

Code, for each day during which that member is engaged in the

actual performance of the duties of the Commission.

''(b) Travel Expenses. - While away from their homes or regular

places of business in the performance of services for the

Commission, members of the Commission shall be allowed travel

expenses, including per diem in lieu of subsistence, in the same

manner as persons employed intermittently in the Government service

are allowed expenses under section 5703(b) (5703) of title 5,

United States Code.

''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) Interim Reports. - The Commission may submit to the

President and Congress interim reports containing such findings,

conclusions, and recommendations for corrective measures as have

been agreed to by a majority of Commission members.

''(b) Final Report. - Not later than 18 months after the date of

the enactment of this Act (Nov. 27, 2002), the Commission shall

submit to the President and Congress a final report containing such

findings, conclusions, and recommendations for corrective measures

as have been agreed to by a majority of Commission members.

''(c) Termination. -

''(1) In general. - The Commission, and all the authorities of

this title, shall terminate 60 days after the date on which the

final report is submitted under subsection (b).

''(2) Administrative activities before termination. - The

Commission may use the 60-day period referred to in paragraph (1)

for the purpose of concluding its activities, including providing

testimony to committees of Congress concerning its reports and

disseminating the final report.

''SEC. 611. FUNDING.

''(a) Transfer From the National Foreign Intelligence Program. -

Of the amounts authorized to be appropriated by this Act (see

Tables for classification) and made available in public law 107-248

(see Tables for classification) (Department of Defense

Appropriations Act, 2003) for the National Foreign Intelligence

Program, not to exceed $3,000,000 shall be available for transfer

to the Commission for purposes of the activities of the Commission

under this title.

''(b) Duration of Availability. - Amounts made available to the

Commission under subsection (a) shall remain available until the

termination of the Commission.''

-CITE-

6 USC Sec. 102 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

-HEAD-

Sec. 102. Construction; severability

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-296, Sec. 3, Nov. 25, 2002, 116 Stat. 2141.)

-CITE-

6 USC SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY

.

-HEAD-

SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY

-CITE-

6 USC Sec. 111 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY

-HEAD-

Sec. 111. Executive department; mission

-STATUTE-

(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; and

(G) 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.

-SOURCE-

(Pub. L. 107-296, title I, Sec. 101, Nov. 25, 2002, 116 Stat.

2142.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b)(2), was in the original

''this Act'', meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat.

2135, known as the Homeland Security Act of 2002, which is

classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 101 of this title and Tables.

-EXEC-

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, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

Homeland Security Act of 2002 (Public Law 107-296) (see Tables for

classification) and section 301 of title 3, United States Code, and

in order to reflect the transfer of certain functions to, and other

responsibilities vested in, the Secretary of Homeland Security, the

transfer of certain agencies and agency components to the

Department of Homeland Security, and the delegation of appropriate

responsibilities to the Secretary of Homeland Security, it is

hereby ordered as follows:

Section 1. (Amended Ex. Ord. No. 13276, set out as a note under

section 1182 of Title 8, Aliens and Nationality.)

Sec. 2. (Amended Ex. Ord. No. 13274, set out as a note under

section 301 of Title 49, Transportation.)

Sec. 3. (Amended Ex. Ord. No. 13271, set out as a note under

section 509 of Title 28, Judiciary and Judicial Procedure.)

Sec. 4. (Amended and revoked Ex. Ord. No. 13260, set out as a

note under section 402 of Title 50, War and National Defense.)

Sec. 5. (Amended Ex. Ord. No. 13257, set out as a note under

section 7103 of Title 22, Foreign Relations and Intercourse.)

Sec. 6. (Amended Ex. Ord. No. 13254, set out as a note under

section 12501 of Title 42, The Public Health and Welfare.)

Sec. 7. (Amended Ex. Ord. No. 13231, set out as a note under

section 121 of this title.)

Sec. 8. (Amended Ex. Ord. No. 13228, set out as a note under

section 402 of Title 50, War and National Defense.)

Sec. 9. (Amended Ex. Ord. No. 13223, set out as a note under

section 12302 of Title 10, Armed Forces.)

Sec. 10. (Amended Ex. Ord. No. 13212, set out as a note under

section 13201 of Title 42, The Public Health and Welfare.)

Sec. 11. (Amended Ex. Ord. No. 13165, set out as a note under

section 1701 of Title 21, Food and Drugs.)

Sec. 12. (Amended Ex. Ord. No. 13154.)

Sec. 13. (Amended Ex. Ord. No. 13133.)

Sec. 14. (Amended Ex. Ord. No. 13120, set out as a note under

section 12304 of Title 10, Armed Forces.)

Sec. 15. (Amended Ex. Ord. No. 13112, set out as a note under

section 4321 of Title 42, The Public Health and Welfare.)

Sec. 16. (Amended Ex. Ord. No. 13100, set out as a note under

section 341 of Title 21, Food and Drugs.)

Sec. 17. (Amended Ex. Ord. No. 13076, set out as a note under

section 12304 of Title 10, Armed Forces.)

Sec. 18. (Amended Ex. Ord. No. 13011, set out as a note under

section 11101 of Title 40, Public Buildings, Property, and Works.)

Sec. 19. (Amended Ex. Ord. No. 12989, set out as a note under

section 1324a of Title 8, Aliens and Nationality.)

Sec. 20. (Amended Ex. Ord. No. 12985, set out as a note preceding

section 1121 of Title 10, Armed Forces.)

Sec. 21. (Amended Ex. Ord. No. 12982, set out as a note under

section 12304 of Title 10, Armed Forces.)

Sec. 22. (Amended Ex. Ord. No. 12978, set out as a note under

section 1701 of Title 50, War and National Defense.)

Sec. 23. (Amended Ex. Ord. No. 12977, set out as a note under

section 121 of Title 40, Public Buildings, Property, and Works.)

Sec. 24. (Amended Ex. Ord. No. 12919, set out as a note under

section 2153 of Title 50, Appendix, War and National Defense.)

Sec. 25. (Amended Ex. Ord. No. 12906, set out as a note under

section 1457 of Title 43, Public Lands.)

Sec. 26. (Amended Ex. Ord. No. 12870, set out as a note under

section 4727 of Title 15, Commerce and Trade.)

Sec. 27. (Amended Ex. Ord. No. 12835, set out as a note under

section 1023 of Title 15, Commerce and Trade.)

Sec. 28. (Amended Ex. Ord. No. 12830, set out as a note preceding

section 1121 of Title 10, Armed Forces.)

Sec. 29. (Amended Ex. Ord. No. 12824, set out as a note under

section 492 of Title 14, Coast Guard.)

Sec. 30. (Amended Ex. Ord. No. 12807, set out as a note under

section 1182 of Title 8, Aliens and Nationality.)

Sec. 31. (Amended Ex. Ord. No. 12793, set out as a note preceding

section 1121 of Title 10, Armed Forces.)

Sec. 32. (Amended Ex. Ord. No. 12789, set out as a note under

section 1364 of Title 8, Aliens and Nationality.)

Sec. 33. (Amended Ex. Ord. No. 12788, set out as a note under

section 2391 of Title 10, Armed Forces.)

Sec. 34. (Amended Ex. Ord. No. 12777, set out as a note under

section 1321 of Title 33, Navigation and Navigable Waters.)

Sec. 35. (Amended Ex. Ord. No. 12743, set out as a note under

section 12302 of Title 10, Armed Forces.)

Sec. 36. (Amended Ex. Ord. No. 12742, set out as a note under

section 82 of Title 50, War and National Defense.)

Sec. 37. (Amended Ex. Ord. No. 12733, set out as a note under

section 12304 of Title 10, Armed Forces.)

Sec. 38. (Amended Ex. Ord. No. 12728, set out as a note under

section 12305 of Title 10, Armed Forces.)

Sec. 39. (Amended Ex. Ord. No. 12727, set out as a note under

section 12304 of Title 10, Armed Forces.)

Sec. 40. (Amended Ex. Ord. No. 12699, set out as a note under

section 7704 of Title 42, The Public Health and Welfare.)

Sec. 41. (Amended Ex. Ord. No. 12657, set out as a note under

section 5195 of Title 42, The Public Health and Welfare.)

Sec. 42. ((a) to (i) amended Ex. Ord. No. 12656, set out as a

note under section 5195 of Title 42, The Public Health and

Welfare.)

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.

Sec. 43. (Amended Ex. Ord. No. 12580, set out as a note under

section 9615 of Title 42, The Public Health and Welfare.)

Sec. 44. (Amended Ex. Ord. No. 12555, set out as a note under

section 2602 of Title 19, Customs Duties.)

Sec. 45. (Amended Ex. Ord. No. 12501, set out as a note under

section 4101 of Title 15, Commerce and Trade.)

Sec. 46. (Amended Ex. Ord. No. 12472, set out as a note under

section 5195 of Title 42, The Public Health and Welfare.)

Sec. 47. (Amended Ex. Ord. No. 12382, set out as a note under

section 901 of Title 47, Telegraphs, Telephones, and

Radiotelegraphs.)

Sec. 48. (Amended Ex. Ord. No. 12341, set out as a note under

section 1522 of Title 8, Aliens and Nationality.)

Sec. 49. (Amended Ex. Ord. No. 12208, set out as a note under

section 1157 of Title 8, Aliens and Nationality.)

Sec. 50. (Amended Ex. Ord. No. 12188, set out as a note under

section 2171 of Title 19, Customs Duties.)

Sec. 51. (Amended Ex. Ord. No. 12160, set out as a note under

section 3501 of Title 42, The Public Health and Welfare.)

Sec. 52. (Amended Ex. Ord. No. 12148, set out as a note under

section 5195 of Title 42, The Public Health and Welfare.)

Sec. 53. (Amended Ex. Ord. No. 12146, set out as a note under

section 509 of Title 28, Judiciary and Judicial Procedures.)

Sec. 54. (Amended Ex. Ord. No. 12002, set out as a note under

section 2403 of Title 50, Appendix, War and National Defense.)

Sec. 55. (Amended Ex. Ord. No. 11965, set out as a note preceding

section 1121 of Title 10, Armed Forces.)

Sec. 56. (Amended Ex. Ord. No. 11926, set out as a note preceding

section 1121 of Title 10, Armed Forces.)

Sec. 57. (Amended Ex. Ord. No. 11858, set out as a note under

section 78b of Title 15, Commerce and Trade.)

Sec. 58. (Amended Ex. Ord. No. 11800, set out as a note under

section 301a of Title 37, Pay and Allowances of the Uniformed

Services.)

Sec. 59. (Amended Ex. Ord. No. 11645, set out as a note under

section 475 of Title 14, Coast Guard.)

Sec. 60. (Amended Ex. Ord. No. 11623, set out as a note under

section 460 of Title 50, Appendix, War and National Defense.)

Sec. 61. (Amended Ex. Ord. No. 11448, set out as a note preceding

section 1121 of Title 10, Armed Forces.)

Sec. 62. (Amended Ex. Ord. No. 11446, set out as a note under

section 7342 of Title 5, Government Organization and Employees.)

Sec. 63. (Amended Ex. Ord. No. 11438, set out as a note under

section 1124 of Title 10, Armed Forces.)

Sec. 64. (Amended Ex. Ord. No. 11366, set out as a note under

section 12303 of Title 10, Armed Forces.)

Sec. 65. (Amended Ex. Ord. No. 11239, set out as a note under

former section 1051 of Title 33, Navigation and Navigable Waters.)

Sec. 66. (Amended Ex. Ord. No. 11231.)

Sec. 67. (Amended Ex. Ord. No. 11190, set out as a note under

section 10149 of Title 10, Armed Forces.)

Sec. 68. (Amended Ex. Ord. No. 11139.)

Sec. 69. (Amended Ex. Ord. No. 11079, set out as a note under

section 2603 of Title 10, Armed Forces.)

Sec. 70. (Amended Ex. Ord. No. 11046, set out as a note under

section 3746 of Title 10, Armed Forces.)

Sec. 71. (Amended Ex. Ord. No. 11016.)

Sec. 72. (Amended Ex. Ord. No. 10977.)

Sec. 73. (Amended Ex. Ord. No. 10789, set out as a note under

section 1431 of Title 50, War and National Defense.)

Sec. 74. (Amended Ex. Ord. No. 10694.)

Sec. 75. (Amended Ex. Ord. No. 10637, set out as a note under

section 301 of Title 3, The President.)

Sec. 76. (Amended Ex. Ord. No. 10631, set out as a note under

section 802 of Title 10, Armed Forces.)

Sec. 77. (Amended Ex. Ord. No. 10554, set out as a note under

section 772 of Title 10, Armed Forces.)

Sec. 78. (Amended Ex. Ord. No. 10499.)

Sec. 79. (Amended Ex. Ord. No. 10448.)

Sec. 80. (Amended Ex. Ord. No. 10271, set out as a note under

section 471 of Title 50, Appendix, War and National Defense.)

Sec. 81. (Amended Ex. Ord. No. 10179.)

Sec. 82. (Amended Ex. Ord. No. 10163.)

Sec. 83. (Amended Ex. Ord. No. 10113, set out as a note under

section 418 of Title 37, Pay and Allowances of the Uniformed

Services.)

Sec. 84. (Amended Ex. Ord. No. 4601.)

Sec. 85. Designation as a Defense Agency of the United States.

I hereby designate the Department of Homeland Security as a

defense agency of the United States for the purposes of chapter 17

of title 35 of the United States Code.

Sec. 86. Exception from the Provisions of the Government

Employees Training Act.

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 section 4102(b)(1) of title 5, United States Code, and

in the public interest, excepted from the following provisions of

the Government Employees Training Act as codified in title 5:

sections 4103(a)(1), 4108, 4115, 4117, and 4118, and that part of

4109(a) that provides ''under the regulations prescribed under

section 4118(a)(8) of this title and''.

Sec. 87. Functions of Certain Officials in the Coast Guard.

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 (50 U.S.C. 401 note), and all other relevant

authorities.

Sec. 88. Order of Succession.

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 Secretary of Homeland Security (''Secretary'') during any

period in which the Secretary has died, resigned, or otherwise

become unable to perform the functions and duties of the office of

Secretary.

(a) Order of Succession.

(i) Deputy Secretary of Homeland Security;

(ii) Under Secretary for Border and Transportation Security;

(iii) Under Secretary for Emergency Preparedness and Response;

(iv) Under Secretary for Information Analysis and

Infrastructure Protection;

(v) Under Secretary for Management;

(vi) Under Secretary for Science and Technology;

(vii) General Counsel; and

(viii) Assistant Secretaries in the Department in the order of

their date of appointment as such.

(b) Exceptions.

(i) No individual who is serving in an office listed in

subsection (a) in an acting capacity 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

Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to

depart from this order in designating an acting Secretary.

Sec. 89. Savings Provision.

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'') (6 U.S.C. 121 note), references

in any prior Executive Order relating to an agency or an agency

component that is transferred to the Department of Homeland

Security (''the Department''), or relating to a function that is

transferred to the Secretary of Homeland Security, shall be deemed

to refer, as appropriate, to the Department or its officers,

employees, agents, organizational units, or functions.

Sec. 90. Nothing in this order shall be construed to impair or

otherwise affect the authority of the Secretary of Defense with

respect to the Department of Defense, including the chain of

command for the armed forces of the United States under section

162(b) of title 10, United States Code, and the authority of the

Secretary of Defense with respect to the Department of Defense

under section 113(b) of that title.

Sec. 91. Nothing in this order shall be construed to limit or

restrict the authorities of the Central Intelligence Agency and the

Director of Central Intelligence pursuant to the National Security

Act of 1947 (see Short Title note set out under 50 U.S.C. 401) and

the CIA Act of 1949 (probably means the Central Intelligence Agency

Act of 1949, see Short Title note set out under 50 U.S.C. 403a).

Sec. 92. This order shall become effective on March 1, 2003.

Sec. 93. This order does not create any right or benefit,

substantive or procedural, enforceable at law or in equity, against

the United States, its departments, agencies, or other entities,

its officers or employees, or any other person.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 193, 393 of this title.

-CITE-

6 USC Sec. 112 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY

-HEAD-

Sec. 112. Secretary; functions

-STATUTE-

(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 (FOOTNOTE 1)

(established under section 361 of this title) (including the

provision of training and equipment) with State and local

government personnel, agencies, and authorities, with the private

sector, and with other entities, including by -

(FOOTNOTE 1) So in original. Probably should be ''Office of

State and Local Government Coordination''.

(1) coordinating with State and local government personnel,

agencies, and authorities, and with the private sector, to ensure

adequate planning, equipment, training, and exercise activities;

(2) coordinating and, as appropriate, consolidating, the

Federal Government's communications and systems of communications

relating to homeland security with State and local government

personnel, agencies, and authorities, the private sector, other

entities, and the public; and

(3) distributing or, as appropriate, coordinating the

distribution of, warnings and information to State and local

government personnel, agencies, and authorities and to the

public.

(d) Meetings of National Security Council

The Secretary may, subject to the direction of the President,

attend and participate in meetings of the National Security

Council.

(e) Issuance of regulations

The issuance of regulations by the Secretary shall be governed by

the provisions of chapter 5 of title 5, except as specifically

provided in this chapter, in laws granting regulatory authorities

that are transferred by this chapter, and in laws enacted after

November 25, 2002.

(f) Special Assistant to the Secretary

The Secretary shall appoint a Special Assistant to the Secretary

who shall be responsible for -

(1) creating and fostering strategic communications with the

private sector to enhance the primary mission of the Department

to protect the American homeland;

(2) advising the Secretary on the impact of the Department's

policies, regulations, processes, and actions on the private

sector;

(3) interfacing with other relevant Federal agencies with

homeland security missions to assess the impact of these

agencies' actions on the private sector;

(4) creating and managing private sector advisory councils

composed of representatives of industries and associations

designated by the Secretary to -

(A) advise the Secretary on private sector products,

applications, and solutions as they relate to homeland security

challenges; and

(B) advise the Secretary on homeland security policies,

regulations, processes, and actions that affect the

participating industries and associations;

(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; and

(7) assisting in the development and promotion of private

sector best practices to secure critical infrastructure.

(g) Standards policy

All standards activities of the Department shall be conducted in

accordance with section 12(d) of the National Technology Transfer

Advancement Act of 1995 (15 U.S.C. 272 note) and Office of

Management and Budget Circular A-119.

-SOURCE-

(Pub. L. 107-296, title I, Sec. 102, Nov. 25, 2002, 116 Stat.

2142.)

-REFTEXT-

REFERENCES IN TEXT

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 Pub. L. 104-113, and which is set out as

a note under section 272 of Title 15, Commerce and Trade.

-CITE-

6 USC Sec. 113 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER I - DEPARTMENT OF HOMELAND SECURITY

-HEAD-

Sec. 113. Other officers

-STATUTE-

(a) Deputy Secretary; Under Secretaries

There are the following officers, appointed by the President, by

and with the advice and consent of the Senate:

(1) A Deputy Secretary of Homeland Security, who shall be the

Secretary's first assistant for purposes of subchapter III of

chapter 33 of title 5.

(2) An Under Secretary for Information Analysis and

Infrastructure Protection.

(3) An Under Secretary for Science and Technology.

(4) An Under Secretary for Border and Transportation Security.

(5) An Under Secretary for Emergency Preparedness and Response.

(6) A Director of the Bureau of Citizenship and Immigration

Services.

(7) An Under Secretary for Management.

(8) Not more than 12 Assistant Secretaries.

(9) A General Counsel, who shall be the chief legal officer of

the Department.

(b) Inspector General

There is an Inspector General, who shall be appointed as provided

in section 3(a) of the Inspector General Act of 1978.

(c) Commandant of the Coast Guard

To assist the Secretary in the performance of the Secretary's

functions, there is a Commandant of the Coast Guard, who shall be

appointed as provided in section 44 of title 14 and who shall

report directly to the Secretary. In addition to such duties as may

be provided in this chapter and as assigned to the Commandant by

the Secretary, the duties of the Commandant shall include those

required by section 2 of title 14.

(d) Other officers

To assist the Secretary in the performance of the Secretary's

functions, there are the following officers, appointed by the

President:

(1) A Director of the Secret Service.

(2) A Chief Information Officer.

(3) A Chief Human Capital Officer.

(4) A Chief Financial Officer.

(5) An Officer for Civil Rights and Civil Liberties.

(e) 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.

-SOURCE-

(Pub. L. 107-296, title I, Sec. 103, Nov. 25, 2002, 116 Stat.

2144.)

-REFTEXT-

REFERENCES IN TEXT

Section 3(a) of the Inspector General Act of 1978, referred to in

subsec. (b), is section 3(a) of Pub. L. 95-452, which is set out in

the Appendix to Title 5, Government Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 555 of this title.

-CITE-

6 USC SUBCHAPTER II - INFORMATION ANALYSIS AND

INFRASTRUCTURE PROTECTION 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

.

-HEAD-

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

-CITE-

6 USC Part A - Directorate for Information Analysis and

Infrastructure Protection; Access to

Information 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part A - Directorate for Information Analysis and Infrastructure

Protection; Access to Information

.

-HEAD-

Part A - Directorate for Information Analysis and Infrastructure

Protection; Access to Information

-CITE-

6 USC Sec. 121 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part A - Directorate for Information Analysis and Infrastructure

Protection; Access to Information

-HEAD-

Sec. 121. Directorate for Information Analysis and Infrastructure

Protection

-STATUTE-

(a) Under Secretary of Homeland Security for Information Analysis

and Infrastructure Protection

(1) In general

There shall be in the Department a Directorate for Information

Analysis and Infrastructure Protection headed by an Under

Secretary for Information Analysis and Infrastructure Protection,

who shall be appointed by the President, by and with the advice

and consent of the Senate.

(2) Responsibilities

The Under Secretary shall assist the Secretary in discharging

the responsibilities assigned by the Secretary.

(b) Assistant Secretary for Information Analysis; Assistant

Secretary for Infrastructure Protection

(1) Assistant Secretary for Information Analysis

There shall be in the Department an Assistant Secretary for

Information Analysis, who shall be appointed by the President.

(2) Assistant Secretary for Infrastructure Protection

There shall be in the Department an Assistant Secretary for

Infrastructure Protection, who shall be appointed by the

President.

(3) Responsibilities

The Assistant Secretary for Information Analysis and the

Assistant Secretary for Infrastructure Protection shall assist

the Under Secretary for Information Analysis and Infrastructure

Protection in discharging the responsibilities of the Under

Secretary under this section.

(c) Discharge of information analysis and infrastructure protection

The Secretary shall ensure that the responsibilities of the

Department regarding information analysis and infrastructure

protection are carried out through the Under Secretary for

Information Analysis and Infrastructure Protection.

(d) Responsibilities of Under Secretary

Subject to the direction and control of the Secretary, the

responsibilities of the Under Secretary for Information Analysis

and Infrastructure Protection shall be as follows:

(1) To access, receive, and analyze law enforcement

information, intelligence information, and other information from

agencies of the Federal Government, State and local government

agencies (including law enforcement agencies), and private sector

entities, and to integrate such information in order to -

(A) identify and assess the nature and scope of terrorist

threats to the homeland;

(B) detect and identify threats of terrorism against the

United States; and

(C) understand such threats in light of actual and potential

vulnerabilities of the homeland.

(2) To carry out comprehensive assessments of the

vulnerabilities of the key resources and critical infrastructure

of the United States, including the performance of risk

assessments to determine the risks posed by particular types of

terrorist attacks within the United States (including an

assessment of the probability of success of such attacks and the

feasibility and potential efficacy of various countermeasures to

such attacks).

(3) To integrate relevant information, analyses, and

vulnerability assessments (whether such information, analyses, or

assessments are provided or produced by the Department or others)

in order to identify priorities for protective and support

measures by the Department, other agencies of the Federal

Government, State and local government agencies and authorities,

the private sector, and other entities.

(4) To ensure, pursuant to section 122 of this title, the

timely and efficient access by the Department to all information

necessary to discharge the responsibilities under this section,

including obtaining such information from other agencies of the

Federal Government.

(5) To develop a comprehensive national plan for securing the

key resources and critical infrastructure of the United States,

including power production, generation, and distribution systems,

information technology and telecommunications systems (including

satellites), electronic financial and property record storage and

transmission systems, emergency preparedness communications

systems, and the physical and technological assets that support

such systems.

(6) To recommend measures necessary to protect the key

resources and critical infrastructure of the United States in

coordination with other agencies of the Federal Government and in

cooperation with State and local government agencies and

authorities, the private sector, and other entities.

(7) To administer the Homeland Security Advisory System,

including -

(A) exercising primary responsibility for public advisories

related to threats to homeland security; and

(B) in coordination with other agencies of the Federal

Government, providing specific warning information, and advice

about appropriate protective measures and countermeasures, to

State and local government agencies and authorities, the

private sector, other entities, and the public.

(8) To review, analyze, and make recommendations for

improvements in the policies and procedures governing the sharing

of law enforcement information, intelligence information,

intelligence-related information, and other information relating

to homeland security within the Federal Government and between

the Federal Government and State and local government agencies

and authorities.

(9) 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.

(10) To consult with the Director of Central 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.

(11) 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.

(12) 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 Central Intelligence to protect

intelligence sources and methods under the National Security

Act of 1947 (50 U.S.C. 401 et seq.) and related procedures and,

as appropriate, similar authorities of the Attorney General

concerning sensitive law enforcement information.

(13) 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.

(14) 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.

(15) 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.

(16) 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.

(17) To coordinate with elements of the intelligence community

and with Federal, State, and local law enforcement agencies, and

the private sector, as appropriate.

(18) To provide intelligence and information analysis and

support to other elements of the Department.

(19) To perform such other duties relating to such

responsibilities as the Secretary may provide.

(e) Staff

(1) In general

The Secretary shall provide the Directorate with a staff of

analysts having appropriate expertise and experience to assist

the Directorate 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 Directorate 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 Imagery and Mapping Agency.

(F) The Defense Intelligence Agency.

(G) Any other agency of the Federal Government that the

President considers appropriate.

(3) Cooperative agreements

The Secretary and the head of the agency concerned may enter

into cooperative agreements for the purpose of detailing

personnel under this subsection.

(4) Basis

The detail of personnel under this subsection may be on a

reimbursable or non-reimbursable basis.

(g) Functions transferred

In accordance with subchapter XII of this chapter, there shall be

transferred to the Secretary, for assignment to the Under Secretary

for Information Analysis and 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.

-SOURCE-

(Pub. L. 107-296, title II, Sec. 201, Nov. 25, 2002, 116 Stat.

2145.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (d)(12), was in the original

''this Act'', meaning Pub. L. 107-296, Nov. 25, 2002, 116 Stat.

2135, known as the Homeland Security Act of 2002, which is

classified principally to this chapter. For complete

classification of this Act to the Code, see Short Title note set

out under section 101 of this title and Tables.

The National Security Act of 1947, referred to in subsec.

(d)(12)(B), is act July 26, 1947, ch. 343, 61 Stat. 495, as

amended. For complete classification of this Act to the Code, see

Short Title note set out under section 401 of Title 50, War and

National Defense, and Tables.

-COD-

CODIFICATION

Section is comprised of section 201 of Pub. L. 107-296. Subsec.

(h) of section 201 of Pub. L. 107-296 amended section 401a of Title

50, War and National Defense.

-EXEC-

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, Sec. 2, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord.

No. 13286, Sec. 7, Feb. 28, 2003, 68 F.R. 10620, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to

ensure protection of information systems for critical

infrastructure, including emergency preparedness communications and

the physical assets that support such systems, in the information

age, it is hereby ordered as follows:

Section 1. Policy. The information technology revolution has

changed the way business is transacted, government operates, and

national defense is conducted. Those three functions now depend on

an interdependent network of critical information infrastructures.

It is the policy of the United States to protect against disruption

of the operation of information systems for critical infrastructure

and thereby help to protect the people, economy, essential human

and government services, and national security of the United

States, and to ensure that any disruptions that occur are

infrequent, of minimal duration, and manageable, and cause the

least damage possible. The implementation of this policy shall

include a voluntary public-private partnership, involving corporate

and nongovernmental organizations.

Sec. 2. Continuing Authorities. This order does not alter the

existing authorities or roles of United States Government

departments and agencies. Authorities set forth in 44 U.S.C.

chapter 35, and other applicable law, provide senior officials with

responsibility for the security of Federal Government information

systems.

(a) Executive Branch Information Systems Security. The Director

of the Office of Management and Budget (OMB) has the responsibility

to develop and oversee the implementation of government-wide

policies, principles, standards, and guidelines for the security of

information systems that support the executive branch departments

and agencies, except those noted in section 2(b) of this order.

The Director of OMB shall advise the President and the appropriate

department or agency head when there is a critical deficiency in

the security practices within the purview of this section in an

executive branch department or agency.

(b) National Security Information Systems. The Secretary of

Defense and the Director of Central Intelligence (DCI) shall have

responsibility to oversee, develop, and ensure implementation of

policies, principles, standards, and guidelines for the security of

information systems that support the operations under their

respective control. In consultation with the Assistant to the

President for National Security Affairs and the affected

departments and agencies, the Secretary of Defense and the DCI

shall develop policies, principles, standards, and guidelines for

the security of national security information systems that support

the operations of other executive branch departments and agencies

with national security information.

(i) Policies, principles, standards, and guidelines developed

under this subsection may require more stringent protection than

those developed in accordance with section 2(a) of this order.

(ii) The Assistant to the President for National Security

Affairs shall advise the President and the appropriate department

or agency when there is a critical deficiency in the security

practices of a department or agency within the purview of this

section.

(iii) National Security Systems. The National Security

Telecommunications and Information Systems Security Committee, as

established by and consistent with NSD-42 and chaired by the

Department of Defense, shall be designated as the ''Committee on

National Security Systems.''

(c) Additional Responsibilities. The heads of executive branch

departments and agencies are responsible and accountable for

providing and maintaining adequate levels of security for

information systems, including emergency preparedness

communications systems, for programs under their control. Heads of

such departments and agencies shall ensure the development and,

within available appropriations, funding of 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.

Sec. 3. The National Infrastructure Advisory Council. The

National Infrastructure Advisory Council (NIAC), established on

October 16, 2001, shall provide the President through the Secretary

of Homeland Security with advice on the security of information

systems for critical infrastructure supporting other sectors of the

economy: banking and finance, transportation, energy,

manufacturing, and emergency government services.

(a) Membership. The NIAC shall be composed of not more than 30

members appointed by the President. The members of the NIAC shall

be selected from the private sector, academia, and State and local

government. Members of the NIAC shall have expertise relevant to

the functions of the NIAC and generally shall be selected from

industry Chief Executive Officers (and equivalently ranked leaders

of other organizations) with responsibilities for security of

information infrastructure supporting the critical sectors of the

economy, including banking and finance, transportation, energy,

communications, and emergency government services. Members shall

not be full-time officials or employees of the executive branch of

the Federal Government. The President shall designate a Chair and

Vice Chair from among the members of the NIAC.

(b) Functions of the NIAC. The NIAC will meet periodically to:

(i) enhance the partnership of the public and private sectors

in protecting information systems for critical infrastructures

and provide reports on this issue to the Secretary of Homeland

Security, as appropriate;

(ii) propose and develop ways to encourage private industry to

perform periodic risk assessments of critical information and

telecommunications systems;

(iii) monitor the development of private sector Information

Sharing and Analysis Centers (ISACs) and provide recommendations

to the President through the Secretary of Homeland Security on

how these organizations can best foster improved cooperation

among the ISACs, 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, 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 lead agencies with critical infrastructure

responsibilities, sector coordinators, the Department of Homeland

Security, and the ISACs.

(c) Administration of the NIAC.

(i) The NIAC may hold hearings, conduct inquiries, and

establish subcommittees, as appropriate.

(ii) Upon request of the Chair, and to the extent permitted by

law, the heads of the executive departments and agencies shall

provide the NIAC with information and advice relating to its

functions.

(iii) Senior Federal Government officials may participate in

the meetings of the NIAC, as appropriate.

(iv) Members shall serve without compensation for their work on

the NIAC. However, members may be reimbursed for travel expenses,

including per diem in lieu of subsistence, as authorized by law

for persons serving intermittently in Federal Government service

(5 U.S.C. 5701-5707).

(v) To the extent permitted by law and subject to the

availability of appropriations, the Department of Homeland

Security shall provide the NIAC with administrative services,

staff, and other support services, and such funds as may be

necessary for the performance of the NIAC's functions.

(d) General Provisions.

(i) Insofar as the Federal Advisory Committee Act, as amended

(5 U.S.C. App.) (Act), may apply to the NIAC, the functions of

the President under that Act, except that of reporting to the

Congress, shall be performed by the Department of Homeland

Security in accordance with the guidelines and procedures

established by the Administrator of General Services.

(ii) The NIAC shall terminate on October 15, 2003, unless

extended by the President.

(iii) Executive Order 13130 of July 14, 1999, was revoked on

October 16, 2001.

(iv) Nothing in this order shall supersede any requirement made

by or under law.

Sec. 4. Judicial Review. This order does not create any right or

benefit, substantive or procedural, enforceable at law or in

equity, against the United States, its departments, agencies, or

other entities, its officers or employees, or any other person.

George W. Bush.

EX. ORD. NO. 13284. AMENDMENT OF EXECUTIVE ORDERS, AND OTHER

ACTIONS, IN CONNECTION WITH THE ESTABLISHMENT OF THE DEPARTMENT OF

HOMELAND SECURITY

Ex. Ord. No. 13284, Jan. 23, 2003, 68 F.R. 4075, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the

Homeland Security Act of 2002 (Public Law 107-296) (see Tables for

classification), and the National Security Act of 1947, as amended

(50 U.S.C. 401 et seq.), and in order to reflect responsibilities

vested in the Secretary of Homeland Security and take other actions

in connection with the establishment of the Department of Homeland

Security, it is hereby ordered as follows:

Section 1. (Amended Ex. Ord. No. 13234.)

Sec. 2. (Amended Ex. Ord. No. 13231, set out above.)

Sec. 3. Executive Order 13228 of October 8, 2001 (''Establishing

the Office of Homeland Security and the Homeland Security

Council'') (50 U.S.C. 402 note), is amended by inserting ''the

Secretary of Homeland Security,'' after ''the Secretary of

Transportation,'' in section 5(b). Further, during the period from

January 24, 2003, until March 1, 2003, the Secretary of Homeland

Security shall have the responsibility for coordinating the

domestic response efforts otherwise assigned to the Assistant to

the President for Homeland Security pursuant to section 3(g) of

Executive Order 13228.

Sec. 4. (Amended Ex. Ord. No. 13224, set out as a note under

section 1701 of Title 50, War and National Defense.)

Sec. 5. (Amended Ex. Ord. No. 13151, set out as a note under

section 5195 of Title 42, The Public Health and Welfare.)

Sec. 6. (Amended Ex. Ord. No. 13122, set out as a note under

section 3121 of Title 42, The Public Health and Welfare.)

Sec. 7. (Amended Ex. Ord. No. 13048, set out as a note under

section 501 of Title 31, Money and Finance.)

Sec. 8. (Amended Ex. Ord. No. 12992, set out as a note under

section 1708 of Title 21, Food and Drugs.)

Sec. 9. (Amended Ex. Ord. No. 12881, set out as a note under

section 6601 of Title 42, The Public Health and Welfare.)

Sec. 10. (Amended Ex. Ord. No. 12859, set out as a note preceding

section 101 of Title 3, The President.)

Sec. 11. (Amended Ex. Ord. No. 12590, set out as a note under

former section 1201 of Title 21, Food and Drugs.)

Sec. 12. (Amended Ex. Ord. No. 12260, set out as a note under

section 2511 of Title 19, Customs Duties.)

Sec. 13. (Amended Ex. Ord. No. 11958, set out as a note under

section 2751 of Title 22, Foreign Relations and Intercourse.)

Sec. 14. (Amended Ex. Ord. No. 11423, set out as a note under

section 301 of Title 3, The President.)

Sec. 15. (Amended Ex. Ord. No. 10865, set out as a note under

section 435 of Title 50, War and National Defense.)

Sec. 16. (Amended Ex. Ord. No. 13011, set out as a note under

section 11101 of Title 40, Public Buildings, Property, and Works.)

Sec. 17. Those elements of the Department of Homeland Security

that are supervised by the Department's Under Secretary for

Information Analysis and Infrastructure Protection through the

Department's Assistant Secretary for Information Analysis, with the

exception of those functions that involve no analysis of foreign

intelligence information, are designated as elements of the

Intelligence Community under section 201(h) of the Homeland

Security Act of 2002 (Pub. L. 107-296, amending 50 U.S.C. 401a) and

section 3(4) of the National Security Act of 1947, as amended (50

U.S.C. 401a((4))).

Sec. 18. (Amended Ex. Ord. No. 12333, set out as a note under

section 401 of title 50, War and National Defense.)

Sec. 19. Functions of Certain Officials in the Department of

Homeland Security.

The Secretary of Homeland Security, the Deputy Secretary of

Homeland Security, the Under Secretary for Information Analysis and

Infrastructure Protection, Department of Homeland Security, and the

Assistant Secretary for Information Analysis, Department of

Homeland Security, each shall be considered a ''Senior Official of

the Intelligence Community'' for purposes of Executive Order 12333

(50 U.S.C. 401 note), and all other relevant authorities, and

shall:

(a) recognize and give effect to all current clearances for

access to classified information held by those who become employees

of the Department of Homeland Security by operation of law pursuant

to the Homeland Security Act of 2002 or by Presidential

appointment;

(b) recognize and give effect to all current clearances for

access to classified information held by those in the private

sector with whom employees of the Department of Homeland Security

may seek to interact in the discharge of their homeland

security-related responsibilities;

(c) make all clearance and access determinations pursuant to

Executive Order 12968 of August 2, 1995 (50 U.S.C. 435 note), or

any successor Executive Order, as to employees of, and applicants

for employment in, the Department of Homeland Security who do not

then hold a current clearance for access to classified information;

and

(d) ensure all clearance and access determinations for those in

the private sector with whom employees of the Department of

Homeland Security may seek to interact in the discharge of their

homeland security-related responsibilities are made in accordance

with Executive Order 12829 of January 6, 1993 (50 U.S.C. 435 note).

Sec. 20. Pursuant to the provisions of section 1.4 of Executive

Order 12958 of April 17, 1995 (''Classified National Security

Information'') (50 U.S.C. 435 note), I hereby authorize the

Secretary of Homeland Security to classify information originally

as ''Top Secret.'' Any delegation of this authority shall be in

accordance with section 1.4 of that order or any successor

Executive Orders.

Sec. 21. This order shall become effective on January 24, 2003.

Sec. 22. This order does not create any right or benefit,

substantive or procedural, enforceable at law or equity, against

the United States, its departments, agencies, or other entities,

its officers or employees, or any other person.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 143 of this title.

-CITE-

6 USC Sec. 122 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part A - Directorate for Information Analysis and Infrastructure

Protection; Access to Information

-HEAD-

Sec. 122. Access to information

-STATUTE-

(a) In general

(1) Threat and vulnerability information

Except as otherwise directed by the President, the Secretary

shall have such access as the Secretary considers necessary to

all information, including reports, assessments, analyses, and

unevaluated intelligence relating to threats of terrorism against

the United States and to other areas of responsibility assigned

by the Secretary, and to all information concerning

infrastructure or other vulnerabilities of the United States to

terrorism, whether or not such information has been analyzed,

that may be collected, possessed, or prepared by any agency of

the Federal Government.

(2) Other information

The Secretary shall also have access to other information

relating to matters under the responsibility of the Secretary

that may be collected, possessed, or prepared by an agency of the

Federal Government as the President may further provide.

(b) Manner of access

Except as otherwise directed by the President, with respect to

information to which the Secretary has access pursuant to this

section -

(1) the Secretary may obtain such material upon request, and

may enter into cooperative arrangements with other executive

agencies to provide such material or provide Department officials

with access to it on a regular or routine basis, including

requests or arrangements involving broad categories of material,

access to electronic databases, or both; and

(2) regardless of whether the Secretary has made any request or

entered into any cooperative arrangement pursuant to paragraph

(1), all agencies of the Federal Government shall promptly

provide to the Secretary -

(A) all reports (including information reports containing

intelligence which has not been fully evaluated), assessments,

and analytical information relating to threats of terrorism

against the United States and to other areas of responsibility

assigned by the Secretary;

(B) all information concerning the vulnerability of the

infrastructure of the United States, or other vulnerabilities

of the United States, to terrorism, whether or not such

information has been analyzed;

(C) all other information relating to significant and

credible threats of terrorism against the United States,

whether or not such information has been analyzed; and

(D) such other information or material as the President may

direct.

(c) Treatment under certain laws

The Secretary shall be deemed to be a Federal law enforcement,

intelligence, protective, national defense, immigration, or

national security official, and shall be provided with all

information from law enforcement agencies that is required to be

given to the Director of Central Intelligence, under any provision

of the following:

(1) The USA PATRIOT Act of 2001 (Public Law 107-56).

(2) Section 2517(6) of title 18.

(3) Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure.

(d) Access to intelligence and other information

(1) Access by elements of Federal Government

Nothing in this subchapter shall preclude any element of the

intelligence community (as that term is defined in section

401a(4) of title 50, (FOOTNOTE 1) or any other element of the

Federal Government with responsibility for analyzing terrorist

threat information, from receiving any intelligence or other

information relating to terrorism.

(FOOTNOTE 1) So in original. There probably should be a closing

parenthesis after ''50''.

(2) Sharing of information

The Secretary, in consultation with the Director of Central

Intelligence, shall work to ensure that intelligence or other

information relating to terrorism to which the Department has

access is appropriately shared with the elements of the Federal

Government referred to in paragraph (1), as well as with State

and local governments, as appropriate.

-SOURCE-

(Pub. L. 107-296, title II, Sec. 202, Nov. 25, 2002, 116 Stat.

2149.)

-REFTEXT-

REFERENCES IN TEXT

The USA PATRIOT Act of 2001, referred to in subsec. (c)(1), is

Pub. L. 107-56, Oct. 26, 2001, 115 Stat. 272, as amended, known as

the Uniting and Strengthening America by Providing Appropriate

Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT

ACT) Act of 2001. For complete classification of this Act to the

Code, see Short Title of 2001 Amendment note set out under section

1 of Title 18, Crimes and Criminal Procedure, and Tables.

The Federal Rules of Criminal Procedure, referred to in subsec.

(c)(3), are set out in the Appendix to Title 18, Crimes and

Criminal Procedure.

This subchapter, referred to in subsec. (d)(1), was in the

original ''this title'', meaning title II of Pub. L. 107-296, Nov.

25, 2002, 116 Stat. 2145, which enacted this subchapter, amended

sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title

18, Crimes and Criminal Procedure, sections 3712 and 3722 of Title

42, The Public Health and Welfare, and section 401a of Title 50,

War and National Defense, and enacted provisions set out as a note

under section 101 of this title and listed in a Provisions for

Review, Promulgation, or Amendment of Federal Sentencing Guidelines

Relating to Specific Offenses table set out under section 994 of

Title 28, Judiciary and Judicial Procedure. For complete

classification of title II to the Code, see Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 121 of this title.

-CITE-

6 USC Part B - Critical Infrastructure Information 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part B - Critical Infrastructure Information

.

-HEAD-

Part B - Critical Infrastructure Information

-CITE-

6 USC Sec. 131 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part B - Critical Infrastructure Information

-HEAD-

Sec. 131. Definitions

-STATUTE-

In this part:

(1) Agency

The term ''agency'' has the meaning given it in section 551 of

title 5.

(2) Covered Federal agency

The term ''covered Federal agency'' means the Department of

Homeland Security.

(3) Critical infrastructure information

The term ''critical infrastructure information'' means

information not customarily in the public domain and related to

the security of critical infrastructure or protected systems -

(A) actual, potential, or threatened interference with,

attack on, compromise of, or incapacitation of critical

infrastructure or protected systems by either physical or

computer-based attack or other similar conduct (including the

misuse of or unauthorized access to all types of communications

and data transmission systems) that violates Federal, State, or

local law, harms interstate commerce of the United States, or

threatens public health or safety;

(B) the ability of any critical infrastructure or protected

system to resist such interference, compromise, or

incapacitation, including any planned or past assessment,

projection, or estimate of the vulnerability of critical

infrastructure or a protected system, including security

testing, risk evaluation thereto, risk management planning, or

risk audit; or

(C) any planned or past operational problem or solution

regarding critical infrastructure or protected systems,

including repair, recovery, reconstruction, insurance, or

continuity, to the extent it is related to such interference,

compromise, or incapacitation.

(4) Critical infrastructure protection program

The term ''critical infrastructure protection program'' means

any component or bureau of a covered Federal agency that has been

designated by the President or any agency head to receive

critical infrastructure information.

(5) Information Sharing and Analysis Organization

The term ''Information Sharing and Analysis Organization''

means any formal or informal entity or collaboration created or

employed by public or private sector organizations, for purposes

of -

(A) gathering and analyzing critical infrastructure

information in order to better understand security problems and

interdependencies related to critical infrastructure and

protected systems, so as to ensure the availability, integrity,

and reliability thereof;

(B) communicating or disclosing critical infrastructure

information to help prevent, detect, mitigate, or recover from

the effects of a (FOOTNOTE 1) interference, compromise, or a

(FOOTNOTE 2) incapacitation problem related to critical

infrastructure or protected systems; and

(FOOTNOTE 1) So in original. Probably should be ''an''.

(FOOTNOTE 2) So in original. The word ''a'' probably should not

appear.

(C) voluntarily disseminating critical infrastructure

information to its members, State, local, and Federal

Governments, or any other entities that may be of assistance in

carrying out the purposes specified in subparagraphs (A) and

(B).

(6) Protected system

The term ''protected system'' -

(A) means any service, physical or computer-based system,

process, or procedure that directly or indirectly affects the

viability of a facility of critical infrastructure; and

(B) includes any physical or computer-based system, including

a computer, computer system, computer or communications

network, or any component hardware or element thereof, software

program, processing instructions, or information or data in

transmission or storage therein, irrespective of the medium of

transmission or storage.

(7) Voluntary

(A) In general

The term ''voluntary'', in the case of any submittal of

critical infrastructure information to a covered Federal

agency, means the submittal thereof in the absence of such

agency's exercise of legal authority to compel access to or

submission of such information and may be accomplished by a

single entity or an Information Sharing and Analysis

Organization on behalf of itself or its members.

(B) Exclusions

The term ''voluntary'' -

(i) in the case of any action brought under the securities

laws as is defined in section 78c(a)(47) of title 15 -

(I) does not include information or statements contained

in any documents or materials filed with the Securities and

Exchange Commission, or with Federal banking regulators,

pursuant to section 78l(i) of title 15; and

(II) with respect to the submittal of critical

infrastructure information, does not include any disclosure

or writing that when made accompanied the solicitation of

an offer or a sale of securities; and

(ii) does not include information or statements submitted

or relied upon as a basis for making licensing or permitting

determinations, or during regulatory proceedings.

-SOURCE-

(Pub. L. 107-296, title II, Sec. 212, Nov. 25, 2002, 116 Stat.

2150.)

-MISC1-

SHORT TITLE

For short title of this part as the ''Critical Infrastructure

Information Act of 2002'', see section 211 of Pub. L. 107-296, set

out as a note under section 101 of this title.

-CITE-

6 USC Sec. 132 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part B - Critical Infrastructure Information

-HEAD-

Sec. 132. Designation of critical infrastructure protection program

-STATUTE-

A critical infrastructure protection program may be designated as

such by one of the following:

(1) The President.

(2) The Secretary of Homeland Security.

-SOURCE-

(Pub. L. 107-296, title II, Sec. 213, Nov. 25, 2002, 116 Stat.

2152.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 133 of this title.

-CITE-

6 USC Sec. 133 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part B - Critical Infrastructure Information

-HEAD-

Sec. 133. Protection of voluntarily shared critical infrastructure

information

-STATUTE-

(a) Protection

(1) In general

Notwithstanding any other provision of law, critical

infrastructure information (including the identity of the

submitting person or entity) that is voluntarily submitted to a

covered Federal agency for use by that agency regarding the

security of critical infrastructure and protected systems,

analysis, warning, interdependency study, recovery,

reconstitution, or other informational purpose, when accompanied

by an express statement specified in paragraph (2) -

(A) shall be exempt from disclosure under section 552 of

title 5 (commonly referred to as the Freedom of Information

Act);

(B) shall not be subject to any agency rules or judicial

doctrine regarding ex parte communications with a decision

making official;

(C) shall not, without the written consent of the person or

entity submitting such information, be used directly by such

agency, any other Federal, State, or local authority, or any

third party, in any civil action arising under Federal or State

law if such information is submitted in good faith;

(D) shall not, without the written consent of the person or

entity submitting such information, be used or disclosed by any

officer or employee of the United States for purposes other

than the purposes of this part, except -

(i) in furtherance of an investigation or the prosecution

of a criminal act; or

(ii) when disclosure of the information would be -

(I) to either House of Congress, or to the extent of

matter within its jurisdiction, any committee or

subcommittee thereof, any joint committee thereof or

subcommittee of any such joint committee; or

(II) to the Comptroller General, or any authorized

representative of the Comptroller General, in the course of

the performance of the duties of the General Accounting

Office. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. The period probably should be a

semicolon.

(E) shall not, if provided to a State or local government or

government agency -

(i) be made available pursuant to any State or local law

requiring disclosure of information or records;

(ii) otherwise be disclosed or distributed to any party by

said State or local government or government agency without

the written consent of the person or entity submitting such

information; or

(iii) be used other than for the purpose of protecting

critical infrastructure or protected systems, or in

furtherance of an investigation or the prosecution of a

criminal act; and

(F) does not constitute a waiver of any applicable privilege

or protection provided under law, such as trade secret

protection.

(2) Express statement

For purposes of paragraph (1), the term ''express statement'',

with respect to information or records, means -

(A) in the case of written information or records, a written

marking on the information or records substantially similar to

the following: ''This information is voluntarily submitted to

the Federal Government in expectation of protection from

disclosure as provided by the provisions of the Critical

Infrastructure Information Act of 2002.''; or

(B) in the case of oral information, a similar written

statement submitted within a reasonable period following the

oral communication.

(b) Limitation

No communication of critical infrastructure information to a

covered Federal agency made pursuant to this part shall be

considered to be an action subject to the requirements of the

Federal Advisory Committee Act.

(c) Independently obtained information

Nothing in this section shall be construed to limit or otherwise

affect the ability of a State, local, or Federal Government entity,

agency, or authority, or any third party, under applicable law, to

obtain critical infrastructure information in a manner not covered

by subsection (a) of this section, including any information

lawfully and properly disclosed generally or broadly to the public

and to use such information in any manner permitted by law.

(d) Treatment of voluntary submittal of information

The voluntary submittal to the Government of information or

records that are protected from disclosure by this part shall not

be construed to constitute compliance with any requirement to

submit such information to a Federal agency under any other

provision of law.

(e) Procedures

(1) In general

The Secretary of the Department of Homeland Security shall, in

consultation with appropriate representatives of the National

Security Council and the Office of Science and Technology Policy,

establish uniform procedures for the receipt, care, and storage

by Federal agencies of critical infrastructure information that

is voluntarily submitted to the Government. The procedures shall

be established not later than 90 days after November 25, 2002.

(2) Elements

The procedures established under paragraph (1) shall include

mechanisms regarding -

(A) the acknowledgement of receipt by Federal agencies of

critical infrastructure information that is voluntarily

submitted to the Government;

(B) the maintenance of the identification of such information

as voluntarily submitted to the Government for purposes of and

subject to the provisions of this part;

(C) the care and storage of such information; and

(D) the protection and maintenance of the confidentiality of

such information so as to permit the sharing of such

information within the Federal Government and with State and

local governments, and the issuance of notices and warnings

related to the protection of critical infrastructure and

protected systems, in such manner as to protect from public

disclosure the identity of the submitting person or entity, or

information that is proprietary, business sensitive, relates

specifically to the submitting person or entity, and is

otherwise not appropriately in the public domain.

(f) Penalties

Whoever, being an officer or employee of the United States or of

any department or agency thereof, knowingly publishes, divulges,

discloses, or makes known in any manner or to any extent not

authorized by law, any critical infrastructure information

protected from disclosure by this part coming to him in the course

of this employment or official duties or by reason of any

examination or investigation made by, or return, report, or record

made to or filed with, such department or agency or officer or

employee thereof, shall be fined under title 18, imprisoned not

more than 1 year, or both, and shall be removed from office or

employment.

(g) Authority to issue warnings

The Federal Government may provide advisories, alerts, and

warnings to relevant companies, targeted sectors, other

governmental entities, or the general public regarding potential

threats to critical infrastructure as appropriate. In issuing a

warning, the Federal Government shall take appropriate actions to

protect from disclosure -

(1) the source of any voluntarily submitted critical

infrastructure information that forms the basis for the warning;

or

(2) information that is proprietary, business sensitive,

relates specifically to the submitting person or entity, or is

otherwise not appropriately in the public domain.

(h) Authority to delegate

The President may delegate authority to a critical infrastructure

protection program, designated under section 132 of this title, to

enter into a voluntary agreement to promote critical infrastructure

security, including with any Information Sharing and Analysis

Organization, or a plan of action as otherwise defined in section

2158 of title 50, Appendix.

-SOURCE-

(Pub. L. 107-296, title II, Sec. 214, Nov. 25, 2002, 116 Stat.

2152.)

-REFTEXT-

REFERENCES IN TEXT

The Critical Infrastructure Information Act of 2002, referred to

in subsec. (a)(2)(A), is subtitle B (Sec. 211 et seq.) of title II

of Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2150, which is

classified generally to this part. For complete classification of

this Act to the Code, see Short Title note set out under section

101 of this title and Tables.

The Federal Advisory Committee Act, referred to in subsec. (b),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-CITE-

6 USC Sec. 134 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part B - Critical Infrastructure Information

-HEAD-

Sec. 134. No private right of action

-STATUTE-

Nothing in this part may be construed to create a private right

of action for enforcement of any provision of this chapter.

-SOURCE-

(Pub. L. 107-296, title II, Sec. 215, Nov. 25, 2002, 116 Stat.

2155.)

-CITE-

6 USC Part C - Information Security 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part C - Information Security

.

-HEAD-

Part C - Information Security

-CITE-

6 USC Sec. 141 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part C - Information Security

-HEAD-

Sec. 141. Procedures for sharing information

-STATUTE-

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.

-SOURCE-

(Pub. L. 107-296, title II, Sec. 221, Nov. 25, 2002, 116 Stat.

2155.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in text, was in the original ''this

title'', meaning title II of Pub. L. 107-296, Nov. 25, 2002, 116

Stat. 2145, which enacted this subchapter, amended sections 1030,

2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and

Criminal Procedure, sections 3712 and 3722 of Title 42, The Public

Health and Welfare, and section 401a of Title 50, War and National

Defense, and enacted provisions set out as a note under section 101

of this title and listed in a Provisions for Review, Promulgation,

or Amendment of Federal Sentencing Guidelines Relating to Specific

Offenses table set out under section 994 of Title 28, Judiciary and

Judicial Procedure. For complete classification of title II to the

Code, see Tables.

-CITE-

6 USC Sec. 142 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part C - Information Security

-HEAD-

Sec. 142. Privacy officer

-STATUTE-

The Secretary shall appoint a senior official in the Department

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 (5

U.S.C. 552a);

(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; and

(5) 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 (5 U.S.C. 552a), internal controls, and other

matters.

-SOURCE-

(Pub. L. 107-296, title II, Sec. 222, Nov. 25, 2002, 116 Stat.

2155.)

-REFTEXT-

REFERENCES IN TEXT

The Privacy Act of 1974, referred to in pars. (2) and (5), is

Pub. L. 93-579, Dec. 31, 1974, 88 Stat. 1896, as amended, which

enacted section 552a of Title 5, Government Organization and

Employees, and provisions set out as notes under section 552a of

Title 5. For complete classification of this Act to the Code, see

Short Title of 1974 Amendment note set out under section 552a of

Title 5 and Tables.

-CITE-

6 USC Sec. 143 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part C - Information Security

-HEAD-

Sec. 143. Enhancement of non-Federal cybersecurity

-STATUTE-

In carrying out the responsibilities under section 121 of this

title, the Under Secretary for Information Analysis and

Infrastructure Protection shall -

(1) as appropriate, provide to State and local government

entities, and upon request to private entities that own or

operate critical information systems -

(A) analysis and warnings related to threats to, and

vulnerabilities of, critical information systems; and

(B) in coordination with the Under Secretary for Emergency

Preparedness and Response, crisis management support in

response to threats to, or attacks on, critical information

systems; and

(2) as appropriate, provide technical assistance, upon request,

to the private sector and other government entities, in

coordination with the Under Secretary for Emergency Preparedness

and Response, with respect to emergency recovery plans to respond

to major failures of critical information systems.

-SOURCE-

(Pub. L. 107-296, title II, Sec. 223, Nov. 25, 2002, 116 Stat.

2156.)

-CITE-

6 USC Sec. 144 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part C - Information Security

-HEAD-

Sec. 144. NET Guard

-STATUTE-

The Under Secretary for Information Analysis and Infrastructure

Protection may establish a national technology guard, to be known

as ''NET Guard'', comprised of local teams of volunteers with

expertise in relevant areas of science and technology, to assist

local communities to respond and recover from attacks on

information systems and communications networks.

-SOURCE-

(Pub. L. 107-296, title II, Sec. 224, Nov. 25, 2002, 116 Stat.

2156.)

-CITE-

6 USC Sec. 145 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part C - Information Security

-HEAD-

Sec. 145. Cyber Security Enhancement Act of 2002

-STATUTE-

(a) Short title

This section may be cited as the ''Cyber Security Enhancement Act

of 2002''.

(b) Amendment of sentencing guidelines relating to certain computer

crimes

(1) Directive to the United States Sentencing Commission

Pursuant to its authority under section 994(p) of title 28 and

in accordance with this subsection, the United States Sentencing

Commission shall review and, if appropriate, amend its guidelines

and its policy statements applicable to persons convicted of an

offense under section 1030 of title 18.

(2) Requirements

In carrying out this subsection, the Sentencing Commission

shall -

(A) ensure that the sentencing guidelines and policy

statements reflect the serious nature of the offenses described

in paragraph (1), the growing incidence of such offenses, and

the need for an effective deterrent and appropriate punishment

to prevent such offenses;

(B) consider the following factors and the extent to which

the guidelines may or may not account for them -

(i) the potential and actual loss resulting from the

offense;

(ii) the level of sophistication and planning involved in

the offense;

(iii) whether the offense was committed for purposes of

commercial advantage or private financial benefit;

(iv) whether the defendant acted with malicious intent to

cause harm in committing the offense;

(v) the extent to which the offense violated the privacy

rights of individuals harmed;

(vi) whether the offense involved a computer used by the

government in furtherance of national defense, national

security, or the administration of justice;

(vii) whether the violation was intended to or had the

effect of significantly interfering with or disrupting a

critical infrastructure; and

(viii) whether the violation was intended to or had the

effect of creating a threat to public health or safety, or

injury to any person;

(C) assure reasonable consistency with other relevant

directives and with other sentencing guidelines;

(D) account for any additional aggravating or mitigating

circumstances that might justify exceptions to the generally

applicable sentencing ranges;

(E) make any necessary conforming changes to the sentencing

guidelines; and

(F) assure that the guidelines adequately meet the purposes

of sentencing as set forth in section 3553(a)(2) of title 18.

(c) Study and report on computer crimes

Not later than May 1, 2003, the United States Sentencing

Commission shall submit a brief report to Congress that explains

any actions taken by the Sentencing Commission in response to this

section and includes any recommendations the Commission may have

regarding statutory penalties for offenses under section 1030 of

title 18.

(d) Emergency disclosure exception

(1) Omitted

(2) Reporting of disclosures

A government entity that receives a disclosure under section

2702(b) of title 18 shall file, not later than 90 days after such

disclosure, a report to the Attorney General stating the

paragraph of that section under which the disclosure was made,

the date of the disclosure, the entity to which the disclosure

was made, the number of customers or subscribers to whom the

information disclosed pertained, and the number of

communications, if any, that were disclosed. The Attorney

General shall publish all such reports into a single report to be

submitted to Congress 1 year after November 25, 2002.

-SOURCE-

(Pub. L. 107-296, title II, Sec. 225, Nov. 25, 2002, 116 Stat.

2156.)

-COD-

CODIFICATION

Section is comprised of section 225 of Pub. L. 107-296. Subsecs.

(d)(1) and (e) to (j) of section 225 of Pub. L. 107-296 amended

sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title

18, Crimes and Criminal Procedure.

-CITE-

6 USC Part D - Office of Science and Technology 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part D - Office of Science and Technology

.

-HEAD-

Part D - Office of Science and Technology

-CITE-

6 USC Sec. 161 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part D - Office of Science and Technology

-HEAD-

Sec. 161. Establishment of Office; Director

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-296, title II, Sec. 231, Nov. 25, 2002, 116 Stat.

2159.)

-REFTEXT-

REFERENCES IN TEXT

This subchapter, referred to in subsec. (a)(1), was in the

original ''this title'', meaning title II of Pub. L. 107-296, Nov.

25, 2002, 116 Stat. 2145, which enacted this subchapter, amended

sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title

18, Crimes and Criminal Procedure, sections 3712 and 3722 of Title

42, The Public Health and Welfare, and section 401a of Title 50,

War and National Defense, and enacted provisions set out as a note

under section 101 of this title and listed in a Provisions for

Review, Promulgation, or Amendment of Federal Sentencing Guidelines

Relating to Specific Offenses table set out under section 994 of

Title 28, Judiciary and Judicial Procedure. For complete

classification of title II to the Code, see Tables.

-CITE-

6 USC Sec. 162 01/06/03

-EXPCITE-

TITLE 6 - DOMESTIC SECURITY

CHAPTER 1 - HOMELAND SECURITY ORGANIZATION

SUBCHAPTER II - INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Part D - Office of Science and Technology

-HEAD-

Sec. 162. Mission of Office; duties

-STATUTE-

(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 the Federal Advisory Committee Act

(5 U.S.C. App.)) to assess the law enforcement technology needs

of Federal, State, and local law enforcement agencies.

(3) To establish and maintain performance standards in

accordance with the National Technology Transfer and Advancement

Act of 1995 (Public Law 104-113) for, and test and evaluate law

enforcement technologies that may be used by, Federal, State, and

local law enforcement agencies.

(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 (Public Law 104-113). The program

may, at the discretion of the Office, allow for supplier's

declaration of conformity with such standards.

(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 complia