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and Infrastructure Protection under this section, the func-
tions, personnel, assets, and liabilities of the following:
(1) The National Infrastructure Protection Cen-
ter of the Federal Bureau of Investigation (other than
the Computer Investigations and Operations Section),
including the functions of the Attorney General relat-
ing 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 func-
tions 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 Sec-
retary of Energy relating thereto.
(5) The Federal Computer Incident Response
Center of the General Services Administration, in-
cluding the functions of the Administrator of General
Services relating thereto.
(h) INCLUSION OF CERTAIN ELEMENTS OF THE DE-
PARTMENT AS ELEMENTS OF THE INTELLIGENCE COMMU-
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NITY.—Section 3(4) of the National Security Act of 1947
(50 U.S.C. 401(a)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (I);
(2) by redesignating subparagraph (J) as sub-
paragraph (K); and
(3) by inserting after subparagraph (I) the fol-
lowing new subparagraph:
‘‘(J) the elements of the Department of
Homeland Security concerned with the analyses
of foreign intelligence information; and’’.
SEC. 202. ACCESS TO INFORMATION.
(a) IN GENERAL.—
(1) THREAT
AND
VULNERABILITY
INFORMA-
TION.—Except as otherwise directed by the President,
the Secretary shall have such access as the Secretary
considers necessary to all information, including re-
ports, assessments, analyses, and unevaluated intel-
ligence relating to threats of terrorism against the
United States and to other areas of responsibility as-
signed by the Secretary, and to all information con-
cerning infrastructure or other vulnerabilities of the
United States to terrorism, whether or not such infor-
mation has been analyzed, that may be collected, pos-
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sessed, or prepared by any agency of the Federal Gov-
ernment.
(2) OTHER INFORMATION.—The Secretary shall
also have access to other information relating to mat-
ters under the responsibility of the Secretary that
may be collected, possessed, or prepared by an agency
of the Federal Government as the President may fur-
ther provide.
(b) MANNER OF ACCESS.—Except as otherwise di-
rected 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 ar-
rangements involving broad categories of material, ac-
cess to electronic databases, or both; and
(2) regardless of whether the Secretary has made
any request or entered into any cooperative arrange-
ment pursuant to paragraph (1), all agencies of the
Federal Government shall promptly provide to the
Secretary—
(A) all reports (including information re-
ports containing intelligence which has not been
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fully evaluated), assessments, and analytical in-
formation relating to threats of terrorism against
the United States and to other areas of responsi-
bility assigned by the Secretary;
(B) all information concerning the vulner-
ability 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 signifi-
cant 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 Sec-
retary shall be deemed to be a Federal law enforcement, in-
telligence, protective, national defense, immigration, or na-
tional security official, and shall be provided with all infor-
mation 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).
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(2) Section 2517(6) of title 18, United States
Code.
(3) Rule 6(e)(3)(C) of the Federal Rules of
Criminal Procedure.
(d) ACCESS TO INTELLIGENCE AND OTHER INFORMA-
TION.—
(1) ACCESS BY ELEMENTS OF FEDERAL GOVERN-
MENT.—Nothing in this title shall preclude any ele-
ment of the intelligence community (as that term is
defined in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 401a(4)), or other any element of
the Federal Government with responsibility for ana-
lyzing terrorist threat information, from receiving
any intelligence or other information relating to ter-
rorism.
(2) SHARING OF INFORMATION.—The Secretary,
in consultation with the Director of Central Intel-
ligence, shall work to ensure that intelligence or other
information relating to terrorism to which the De-
partment has access is appropriately shared with the
elements of the Federal Government referred to in
paragraph (1), as well as with State and local gov-
ernments, as appropriate.
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Subtitle B—Critical Infrastructure
Information
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ‘‘Critical Infrastruc-
ture Information Act of 2002’’.
SEC. 212. DEFINITIONS.
In this subtitle:
(1) AGENCY.—The term ‘‘agency’’ has the mean-
ing given it in section 551 of title 5, United States
Code.
(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 inter-
ference with, attack on, compromise of, or inca-
pacitation of critical infrastructure or protected
systems by either physical or computer-based at-
tack or other similar conduct (including the mis-
use of or unauthorized access to all types of com-
munications and data transmission systems)
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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 esti-
mate of the vulnerability of critical infrastruc-
ture or a protected system, including security
testing, risk evaluation thereto, risk management
planning, or risk audit; or
(C) any planned or past operational prob-
lem or solution regarding critical infrastructure
or protected systems, including repair, recovery,
reconstruction, insurance, or continuity, to the
extent it is related to such interference, com-
promise, or incapacitation.
(4) CRITICAL
INFRASTRUCTURE
PROTECTION
PROGRAM.—The term ‘‘critical infrastructure protec-
tion 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 ORGA-
NIZATION.—The term ‘‘Information Sharing and
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Analysis Organization’’ means any formal or infor-
mal entity or collaboration created or employed by
public or private sector organizations, for purposes
of—
(A) gathering and analyzing critical infra-
structure information in order to better under-
stand security problems and interdependencies
related to critical infrastructure and protected
systems, so as to ensure the availability, integ-
rity, and reliability thereof;
(B) communicating or disclosing critical
infrastructure information to help prevent, de-
tect, mitigate, or recover from the effects of a in-
terference, compromise, or a incapacitation prob-
lem related to critical infrastructure or protected
systems; and
(C) voluntarily disseminating critical infra-
structure information to its members, State,
local, and Federal Governments, or any other en-
tities that may be of assistance in carrying out
the purposes specified in subparagraphs (A) and
(B).
(6) PROTECTED SYSTEM.—The term ‘‘protected
system’’—
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(A) means any service, physical or com-
puter-based system, process, or procedure that di-
rectly or indirectly affects the viability of a facil-
ity 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, soft-
ware program, processing instructions, or infor-
mation or data in transmission or storage there-
in, irrespective of the medium of transmission or
storage.
(7) VOLUNTARY.—
(A) IN GENERAL.—The term ‘‘voluntary’’,
in the case of any submittal of critical infra-
structure information to a covered Federal agen-
cy, means the submittal thereof in the absence of
such agency’s exercise of legal authority to com-
pel access to or submission of such information
and may be accomplished by a single entity or
an Information Sharing and Analysis Organiza-
tion 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
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section 3(a)(47) of the Securities Exchange
Act of 1934 (15 U.S.C. 78c(a)(47))—
(I) does not include information
or statements contained in any docu-
ments or materials filed with the Secu-
rities and Exchange Commission, or
with Federal banking regulators, pur-
suant to section 12(i) of the Securities
Exchange Act of 1934 (15 U.S.C.
781(I)); 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 de-
terminations, or during regulatory pro-
ceedings.
SEC. 213. DESIGNATION OF CRITICAL INFRASTRUCTURE
PROTECTION PROGRAM.
A critical infrastructure protection program may be
designated as such by one of the following:
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(1) The President.
(2) The Secretary of Homeland Security.
SEC. 214. PROTECTION OF VOLUNTARILY SHARED CRITICAL
INFRASTRUCTURE INFORMATION.
(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 Fed-
eral agency for use by that agency regarding the secu-
rity 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, United States Code (com-
monly referred to as the Freedom of Information
Act);
(B) shall not be subject to any agency rules
or judicial doctrine regarding ex parte commu-
nications with a decision making official;
(C) shall not, without the written consent of
the person or entity submitting such informa-
tion, be used directly by such agency, any other
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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 informa-
tion, be used or disclosed by any officer or em-
ployee of the United States for purposes other
than the purposes of this subtitle, 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 juris-
diction, 
any 
committee 
or 
sub-
committee 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.