In the Senate of the United States,
November 19, 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 5005) entitled ‘‘An Act to establish the Depart-
ment of Homeland Security, and for other purposes.’’, do
pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Homeland Security Act of 2002’’.
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(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Construction; severability.
Sec. 4. Effective date.
TITLE I—DEPARTMENT OF HOMELAND SECURITY
Sec. 101. Executive department; mission.
Sec. 102. Secretary; functions.
Sec. 103. Other officers.
TITLE II—INFORMATION ANALYSIS AND INFRASTRUCTURE
PROTECTION
Subtitle A—Directorate for Information Analysis and Infrastructure Protection;
Access to Information
Sec. 201. Directorate for Information Analysis and Infrastructure Protection.
Sec. 202. Access to information.
Subtitle B—Critical Infrastructure Information
Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Designation of critical infrastructure protection program.
Sec. 214. Protection of voluntarily shared critical infrastructure information.
Sec. 215. No private right of action.
Subtitle C—Information Security
Sec. 221. Procedures for sharing information.
Sec. 222. Privacy Officer.
Sec. 223. Enhancement of non-Federal cybersecurity.
Sec. 224. Net guard.
Sec. 225. Cyber Security Enhancement Act of 2002.
Subtitle D—Office of Science and Technology
Sec. 231. Establishment of office; Director.
Sec. 232. Mission of office; duties.
Sec. 233. Definition of law enforcement technology.
Sec. 234. Abolishment of Office of Science and Technology of National Institute
of Justice; transfer of functions.
Sec. 235. National Law Enforcement and Corrections Technology Centers.
Sec. 236. Coordination with other entities within Department of Justice.
Sec. 237. Amendments relating to National Institute of Justice.
TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND
SECURITY
Sec. 301. Under Secretary for Science and Technology.
Sec. 302. Responsibilities and authorities of the Under Secretary for Science and
Technology.
Sec. 303. Functions transferred.
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Sec. 304. Conduct of certain public health-related activities.
Sec. 305. Federally funded research and development centers.
Sec. 306. Miscellaneous provisions.
Sec. 307. Homeland Security Advanced Research Projects Agency.
Sec. 308. Conduct of research, development, demonstration, testing and evalua-
tion.
Sec. 309. Utilization of Department of Energy national laboratories and sites in
support of homeland security activities.
Sec. 310. Transfer of Plum Island Animal Disease Center, Department of Agri-
culture.
Sec. 311. Homeland Security Science and Technology Advisory Committee.
Sec. 312. Homeland Security Institute.
Sec. 313. Technology clearinghouse to encourage and support innovative solutions
to enhance homeland security.
TITLE IV—DIRECTORATE OF BORDER AND TRANSPORTATION
SECURITY
Subtitle A—Under Secretary for Border and Transportation Security
Sec. 401. Under Secretary for Border and Transportation Security.
Sec. 402. Responsibilities.
Sec. 403. Functions transferred.
Subtitle B—United States Customs Service
Sec. 411. Establishment; Commissioner of Customs.
Sec. 412. Retention of customs revenue functions by Secretary of the Treasury.
Sec. 413. Preservation of customs funds.
Sec. 414. Separate budget request for customs.
Sec. 415. Definition.
Sec. 416. GAO report to Congress.
Sec. 417. Allocation of resources by the Secretary.
Sec. 418. Reports to Congress.
Sec. 419. Customs user fees.
Subtitle C—Miscellaneous Provisions
Sec. 421. Transfer of certain agricultural inspection functions of the Department
of Agriculture.
Sec. 422. Functions of Administrator of General Services.
Sec. 423. Functions of Transportation Security Administration.
Sec. 424. Preservation of Transportation Security Administration as a distinct
entity.
Sec. 425. Explosive detection systems.
Sec. 426. Transportation security.
Sec. 427. Coordination of information and information technology.
Sec. 428. Visa issuance.
Sec. 429. Information on visa denials required to be entered into electronic data
system.
Sec. 430. Office for Domestic Preparedness.
Subtitle D—Immigration Enforcement Functions
Sec. 441. Transfer of functions to Under Secretary for Border and Transpor-
tation Security.
Sec. 442. Establishment of Bureau of Border Security.
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Sec. 704. Chief Human Capital Officer.
Sec. 705. Establishment of Officer for Civil Rights and Civil Liberties.
Sec. 706. Consolidation and co-location of offices.
TITLE VIII—COORDINATION WITH NON-FEDERAL ENTITIES; IN-
SPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST
GUARD; GENERAL PROVISIONS
Subtitle A—Coordination with Non-Federal Entities
Sec. 801. Office for State and Local Government Coordination.
Subtitle B—Inspector General
Sec. 811. Authority of the Secretary.
Sec. 812. Law enforcement powers of Inspector General agents.
Subtitle C—United States Secret Service
Sec. 821. Functions transferred.
Subtitle D—Acquisitions
Sec. 831. Research and development projects.
Sec. 832. Personal services.
Sec. 833. Special streamlined acquisition authority.
Sec. 834. Unsolicited proposals.
Sec. 835. Prohibition on contracts with corporate expatriates.
Subtitle E—Human Resources Management
Sec. 841. Establishment of Human Resources Management System.
Sec. 842. Labor-management relations.
Subtitle F—Federal Emergency Procurement Flexibility
Sec. 851. Definition.
Sec. 852. Procurements for defense against or recovery from terrorism or nuclear,
biological, chemical, or radiological attack.
Sec. 853. Increased simplified acquisition threshold for procurements in support
of humanitarian or peacekeeping operations or contingency op-
erations.
Sec. 854. Increased micro-purchase threshold for certain procurements.
Sec. 855. Application of certain commercial items authorities to certain procure-
ments.
Sec. 856. Use of streamlined procedures.
Sec. 857. Review and report by Comptroller General.
Sec. 858. Identification of new entrants into the Federal marketplace.
Subtitle G—Support Anti-terrorism by Fostering Effective Technologies Act of
2002
Sec. 861. Short title.
Sec. 862. Administration.
Sec. 863. Litigation management.
Sec. 864. Risk management.
Sec. 865. Definitions.
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Subtitle H—Miscellaneous Provisions
Sec. 871. Advisory committees.
Sec. 872. Reorganization.
Sec. 873. Use of appropriated funds.
Sec. 874. Future Year Homeland Security Program.
Sec. 875. Miscellaneous authorities.
Sec. 876. Military activities.
Sec. 877. Regulatory authority and preemption.
Sec. 878. Counternarcotics officer.
Sec. 879. Office of International Affairs.
Sec. 880. Prohibition of the Terrorism Information and Prevention System.
Sec. 881. Review of pay and benefit plans.
Sec. 882. Office for National Capital Region Coordination.
Sec. 883. Requirement to comply with laws protecting equal employment oppor-
tunity and providing whistleblower protections.
Sec. 884. Federal Law Enforcement Training Center.
Sec. 885. Joint Interagency Task Force.
Sec. 886. Sense of Congress reaffirming the continued importance and applica-
bility of the Posse Comitatus Act.
Sec. 887. Coordination with the Department of Health and Human Services
under the Public Health Service Act.
Sec. 888. Preserving Coast Guard mission performance.
Sec. 889. Homeland security funding analysis in President’s budget.
Sec. 890. Air Transportation Safety and System Stabilization Act.
Subtitle I—Information Sharing
Sec. 891. Short title; findings; and sense of Congress.
Sec. 892. Facilitating homeland security information sharing procedures.
Sec. 893. Report.
Sec. 894. Authorization of appropriations.
Sec. 895. Authority to share grand jury information.
Sec. 896. Authority to share electronic, wire, and oral interception information.
Sec. 897. Foreign intelligence information.
Sec. 898. Information acquired from an electronic surveillance.
Sec. 899. Information acquired from a physical search.
TITLE IX—NATIONAL HOMELAND SECURITY COUNCIL
Sec. 901. National Homeland Security Council.
Sec. 902. Function.
Sec. 903. Membership.
Sec. 904. Other functions and activities.
Sec. 905. Staff composition.
Sec. 906. Relation to the National Security Council.
TITLE X—INFORMATION SECURITY
Sec. 1001. Information security.
Sec. 1002. Management of information technology.
Sec. 1003. National Institute of Standards and Technology.
Sec. 1004. Information Security and Privacy Advisory Board.
Sec. 1005. Technical and conforming amendments.
Sec. 1006. Construction.
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TITLE XI—DEPARTMENT OF JUSTICE DIVISIONS
Subtitle A—Executive Office for Immigration Review
Sec. 1101. Legal status of EOIR.
Sec. 1102. Authorities of the Attorney General.
Sec. 1103. Statutory construction.
Subtitle B—Transfer of the Bureau of Alcohol, Tobacco and Firearms to the
Department of Justice
Sec. 1111. Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Sec. 1112. Technical and conforming amendments.
Sec. 1113. Powers of agents of the Bureau of Alcohol, Tobacco, Firearms, and Ex-
plosives.
Sec. 1114. Explosives training and research facility.
Sec. 1115. Personnel management demonstration project.
Subtitle C—Explosives
Sec. 1121. Short title.
Sec. 1122. Permits for purchasers of explosives.
Sec. 1123. Persons prohibited from receiving or possessing explosive materials.
Sec. 1124. Requirement to provide samples of explosive materials and ammonium
nitrate.
Sec. 1125. Destruction of property of institutions receiving Federal financial as-
sistance.
Sec. 1126. Relief from disabilities.
Sec. 1127. Theft reporting requirement.
Sec. 1128. Authorization of appropriations.
TITLE XII—AIRLINE WAR RISK INSURANCE LEGISLATION
Sec. 1201. Air carrier liability for third party claims arising out of acts of ter-
rorism.
Sec. 1202. Extension of insurance policies.
Sec. 1203. Correction of reference.
Sec. 1204. Report.
TITLE XIII—FEDERAL WORKFORCE IMPROVEMENT
Subtitle A—Chief Human Capital Officers
Sec. 1301. Short title.
Sec. 1302. Agency Chief Human Capital Officers.
Sec. 1303. Chief Human Capital Officers Council.
Sec. 1304. Strategic human capital management.
Sec. 1305. Effective date.
Subtitle B—Reforms Relating to Federal Human Capital Management
Sec. 1311. Inclusion of agency human capital strategic planning in performance
plans and programs performance reports.
Sec. 1312. Reform of the competitive service hiring process.
Sec. 1313. Permanent extension, revision, and expansion of authorities for use of
voluntary separation incentive pay and voluntary early retire-
ment.
Sec. 1314. Student volunteer transit subsidy.
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Subtitle C—Reforms Relating to the Senior Executive Service
Sec. 1321. Repeal of recertification requirements of senior executives.
Sec. 1322. Adjustment of limitation on total annual compensation.
Subtitle D—Academic Training
Sec. 1331. Academic training.
Sec. 1332. Modifications to National Security Education Program.
TITLE XIV—ARMING PILOTS AGAINST TERRORISM
Sec. 1401. Short title.
Sec. 1402. Federal Flight Deck Officer Program.
Sec. 1403. Crew training.
Sec. 1404. Commercial airline security study.
Sec. 1405. Authority to arm flight deck crew with less-than-lethal weapons.
Sec. 1406. Technical amendments.
TITLE XV—TRANSITION
Subtitle A—Reorganization Plan
Sec. 1501. Definitions.
Sec. 1502. Reorganization plan.
Sec. 1503. Review of congressional committee structures.
Subtitle B—Transitional Provisions
Sec. 1511. Transitional authorities.
Sec. 1512. Savings provisions.
Sec. 1513. Terminations.
Sec. 1514. National identification system not authorized.
Sec. 1515. Continuity of Inspector General oversight.
Sec. 1516. Incidental transfers.
Sec. 1517. Reference.
TITLE XVI—CORRECTIONS TO EXISTING LAW RELATING TO
AIRLINE TRANSPORTATION SECURITY
Sec. 1601. Retention of security sensitive information authority at Department of
Transportation.
Sec. 1602. Increase in civil penalties.
Sec. 1603. Allowing United States citizens and United States nationals as screen-
ers.
TITLE XVII—CONFORMING AND TECHNICAL AMENDMENTS
Sec. 1701. Inspector General Act of 1978.
Sec. 1702. Executive Schedule.
Sec. 1703. United States Secret Service.
Sec. 1704. Coast Guard.
Sec. 1705. Strategic national stockpile and smallpox vaccine development.
Sec. 1706. Transfer of certain security and law enforcement functions and au-
thorities.
Sec. 1707. Transportation security regulations.
Sec. 1708. National Bio-Weapons Defense Analysis Center.
Sec. 1709. Collaboration with the Secretary of Homeland Security.
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Sec. 1710. Railroad safety to include railroad security.
Sec. 1711. Hazmat safety to include hazmat security.
Sec. 1712. Office of Science and Technology Policy.
Sec. 1713. National Oceanographic Partnership Program.
Sec. 1714. Clarification of definition of manufacturer.
Sec. 1715. Clarification of definition of vaccine-related injury or death.
Sec. 1716. Clarification of definition of vaccine.
Sec. 1717. Effective date.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) Each of the terms ‘‘American homeland’’ and
‘‘homeland’’ means the United States.
(2) The term ‘‘appropriate congressional com-
mittee’’ means any committee of the House of Rep-
resentatives or the Senate having legislative or over-
sight jurisdiction under the Rules of the House of
Representatives or the Senate, respectively, over the
matter concerned.
(3) The term ‘‘assets’’ includes contracts, facili-
ties, property, records, unobligated or unexpended bal-
ances of appropriations, and other funds or resources
(other than personnel).
(4) The term ‘‘critical infrastructure’’ has the
meaning given that term in section 1016(e) of Public
Law 107–56 (42 U.S.C. 5195c(e)).
(5) The term ‘‘Department’’ means the Depart-
ment of Homeland Security.
(6) The term ‘‘emergency response providers’’ in-
cludes Federal, State, and local emergency public
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safety, law enforcement, emergency response, emer-
gency medical (including hospital emergency facili-
ties), and related personnel, agencies, and authorities.
(7) The term ‘‘executive agency’’ means an execu-
tive agency and a military department, as defined,
respectively, in sections 105 and 102 of title 5, United
States Code.
(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 cor-
poration under State law), regional or interstate
government entity, or agency or instrumentality
of a local government;
(B) an Indian tribe or authorized tribal or-
ganization, or in Alaska a Native village or
Alaska Regional Native Corporation; and
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(C) a rural community, unincorporated
town or village, or other public entity.
(11) The term ‘‘major disaster’’ has the meaning
given in section 102(2) of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C.
5122).
(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 Common-
wealth 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 po-
tentially destructive of critical infrastruc-
ture 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
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(B) appears to be intended—
(i) to intimidate or coerce a civilian
population;
(ii) to influence the policy of a govern-
ment by intimidation or coercion; or
(iii) to affect the conduct of a govern-
ment 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 pro-
vision of this Act shall be construed to modify the def-
inition of ‘‘United States’’ for the purposes of the Im-
migration and Nationality Act or any other immi-
gration or nationality law.
SEC. 3. CONSTRUCTION; SEVERABILITY.
Any provision of this Act held to be invalid or unen-
forceable by its terms, or as applied to any person or cir-
cumstance, shall be construed so as to give it the maximum
effect permitted by law, unless such holding shall be one
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of utter invalidity or unenforceability, in which event such
provision shall be deemed severable from this Act and shall
not affect the remainder thereof, or the application of such
provision to other persons not similarly situated or to other,
dissimilar circumstances.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect 60 days after the date of en-
actment.
TITLE I—DEPARTMENT OF
HOMELAND SECURITY
SEC. 101. EXECUTIVE DEPARTMENT; MISSION.
(a) ESTABLISHMENT.—There is established a Depart-
ment of Homeland Security, as an executive department of
the United States within the meaning of title 5, United
States Code.
(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;
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(D) carry out all functions of entities trans-
ferred 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 secu-
rity of the United States is not diminished by ef-
forts, 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 con-
tribute to efforts to interdict illegal drug traf-
ficking.
(2) RESPONSIBILITY
FOR INVESTIGATING
AND
PROSECUTING TERRORISM.—Except as specifically
provided by law with respect to entities transferred to
the Department under this Act, primary responsi-
bility for investigating and prosecuting acts of ter-
rorism shall be vested not in the Department, but
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rather in Federal, State, and local law enforcement
agencies with jurisdiction over the acts in question.
SEC. 102. SECRETARY; FUNCTIONS.
(a) SECRETARY.—
(1) IN GENERAL.—There is a Secretary of Home-
land 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 Act, may
delegate any of the Secretary’s functions to any offi-
cer, employee, or organizational unit of the Depart-
ment;
(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 re-
sponsibilities under this Act or otherwise provided by
law; and
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(3) shall take reasonable steps to ensure that in-
formation 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 co-
ordinate through the Office of State and Local Coordination
(established under section 801) (including the provision of
training and equipment) with State and local government
personnel, agencies, and authorities, with the private sector,
and with other entities, including by—
(1) coordinating with State and local govern-
ment personnel, agencies, and authorities, and with
the private sector, to ensure adequate planning,
equipment, training, and exercise activities;
(2) coordinating and, as appropriate, consoli-
dating, 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 en-
tities, 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.
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(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 reg-
ulations by the Secretary shall be governed by the provisions
of chapter 5 of title 5, United States Code, except as specifi-
cally provided in this Act, in laws granting regulatory au-
thorities that are transferred by this Act, and in laws en-
acted after the date of enactment of this Act.
(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 communica-
tions 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 ac-
tions on the private sector;
(3) interfacing with other relevant Federal agen-
cies with homeland security missions to assess the im-
pact of these agencies’ actions on the private sector;
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(4) creating and managing private sector advi-
sory 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 re-
late to homeland security challenges; and
(B) advise the Secretary on homeland secu-
rity policies, regulations, processes, and actions
that affect the participating industries and asso-
ciations;
(5) working with Federal laboratories, Federally
funded research and development centers, other Feder-
ally 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 partner-
ships 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 infra-
structure.
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(g) STANDARDS POLICY.—All standards activities of
the Department shall be conducted in accordance with sec-
tion 12(d) of the National Technology Transfer Advance-
ment Act of 1995 (15 U.S.C. 272 note) and Office of Man-
agement and Budget Circular A–119.
SEC. 103. OTHER OFFICERS.
(a) DEPUTY SECRETARY; UNDER SECRETARIES.—
There are the following officers, appointed by the President,
by and with the advice and consent of the Senate:
(1) A Deputy Secretary of Homeland Security,
who shall be the Secretary’s first assistant for pur-
poses of subchapter III of chapter 33 of title 5, United
States Code.
(2) An Under Secretary for Information Anal-
ysis and Infrastructure Protection.
(3) An Under Secretary for Science and Tech-
nology.
(4) An Under Secretary for Border and Trans-
portation Security.
(5) An Under Secretary for Emergency Pre-
paredness 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.
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(9) A General Counsel, who shall be the chief
legal officer of the department.
(b) INSPECTOR GENERAL.—There is an Inspector Gen-
eral, 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 func-
tions, there is a Commandant of the Coast Guard, who shall
be appointed as provided in section 44 of title 14, United
States Code, and who shall report directly to the Secretary.
In addition to such duties as may be provided in this Act
and as assigned to the Commandant by the Secretary, the
duties of the Commandant shall include those required by
section 2 of title 14, United States Code.
(d) OTHER OFFICERS.—To assist the Secretary in the
performance of the Secretary’s functions, there are the fol-
lowing 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 Lib-
erties.
(e) PERFORMANCE OF SPECIFIC FUNCTIONS.—Subject
to the provisions of this Act, every officer of the Department
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shall perform the functions specified by law for the official’s
office or prescribed by the Secretary.
TITLE II—INFORMATION ANAL-
YSIS AND INFRASTRUCTURE
PROTECTION
Subtitle A—Directorate for Infor-
mation Analysis and Infrastruc-
ture Protection; Access to Infor-
mation
SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS AND
INFRASTRUCTURE PROTECTION.
(a) UNDER SECRETARY OF HOMELAND SECURITY FOR
INFORMATION ANALYSIS AND INFRASTRUCTURE PROTEC-
TION.—
(1) IN GENERAL.—There shall be in the Depart-
ment a Directorate for Information Analysis and In-
frastructure Protection headed by an Under Secretary
for Information Analysis and Infrastructure Protec-
tion, 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 respon-
sibilities assigned by the Secretary.
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(b) ASSISTANT SECRETARY FOR INFORMATION ANAL-
YSIS; ASSISTANT SECRETARY FOR INFRASTRUCTURE PRO-
TECTION.—
(1) ASSISTANT
SECRETARY
FOR
INFORMATION
ANALYSIS.—There shall be in the Department an As-
sistant Secretary for Information Analysis, who shall
be appointed by the President.
(2) ASSISTANT
SECRETARY
FOR
INFRASTRUC-
TURE PROTECTION.—There shall be in the Depart-
ment an Assistant Secretary for Infrastructure Pro-
tection, 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 Infrastruc-
ture Protection in discharging the responsibilities of
the Under Secretary under this section.
(c) DISCHARGE OF INFORMATION ANALYSIS AND IN-
FRASTRUCTURE PROTECTION.—The Secretary shall ensure
that the responsibilities of the Department regarding infor-
mation analysis and infrastructure protection are carried
out through the Under Secretary for Information Analysis
and Infrastructure Protection.
(d) RESPONSIBILITIES OF UNDER SECRETARY.—Sub-
ject to the direction and control of the Secretary, the respon-
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sibilities of the Under Secretary for Information Analysis
and Infrastructure Protection shall be as follows:
(1) To access, receive, and analyze law enforce-
ment 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 ac-
tual and potential vulnerabilities of the home-
land.
(2) To carry out comprehensive assessments of
the vulnerabilities of the key resources and critical in-
frastructure of the United States, including the per-
formance 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 feasi-
bility and potential efficacy of various counter-
measures to such attacks).
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(3) To integrate relevant information, analyses,
and vulnerability assessments (whether such informa-
tion, analyses, or assessments are provided or pro-
duced by the Department or others) in order to iden-
tify priorities for protective and support measures by
the Department, other agencies of the Federal Govern-
ment, State and local government agencies and au-
thorities, the private sector, and other entities.
(4) To ensure, pursuant to section 202, the time-
ly and efficient access by the Department to all infor-
mation necessary to discharge the responsibilities
under this section, including obtaining such informa-
tion 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 (includ-
ing satellites), electronic financial and property
record storage and transmission systems, emergency
preparedness communications systems, and the phys-
ical and technological assets that support such sys-
tems.
(6) To recommend measures necessary to protect
the key resources and critical infrastructure of the
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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 Advi-
sory 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 appro-
priate protective measures and countermeasures,
to State and local government agencies and au-
thorities, the private sector, other entities, and
the public.
(8) To review, analyze, and make recommenda-
tions for improvements in the policies and procedures
governing the sharing of law enforcement informa-
tion, intelligence information, intelligence-related in-
formation, and other information relating to home-
land security within the Federal Government and be-
tween the Federal Government and State and local
government agencies and authorities.
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(9) To disseminate, as appropriate, information
analyzed by the Department within the Department,
to other agencies of the Federal Government with re-
sponsibilities 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 In-
telligence and other appropriate intelligence, law en-
forcement, or other elements of the Federal Govern-
ment 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 represen-
tation of the Department in discussions regarding re-
quirements and priorities in the collection of such in-
formation.
(11) To consult with State and local govern-
ments and private sector entities to ensure appro-
priate exchanges of information, including law en-
forcement-related information, relating to threats of
terrorism against the United States.
(12) To ensure that—
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(A) any material received pursuant to this
Act is protected from unauthorized disclosure
and handled and used only for the performance
of official duties; and
(B) any intelligence information under this
Act is shared, retained, and disseminated con-
sistent with the authority of the Director of Cen-
tral Intelligence to protect intelligence sources
and methods under the National Security Act of
1947 (50 U.S.C. 401 et seq.) and related proce-
dures 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 re-
lating 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 in-
formation.
(14) To establish and utilize, in conjunction with
the chief information officer of the Department, a se-
cure communications and information technology in-
frastructure, including data-mining and other ad-
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vanced analytical tools, in order to access, receive,
and analyze data and information in furtherance of
the responsibilities under this section, and to dissemi-
nate information acquired and analyzed by the De-
partment, as appropriate.
(15) To ensure, in conjunction with the chief in-
formation officer of the Department, that any infor-
mation 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 De-
partment, or are consumers of information provided
by the Department, in order to facilitate the identi-
fication and sharing of information revealed in their
ordinary duties and the optimal utilization of infor-
mation received from the Department.
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(17) To coordinate with elements of the intel-
ligence 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 Depart-
ment.
(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 appro-
priate expertise and experience to assist the Direc-
torate in discharging responsibilities under this sec-
tion.
(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 appro-
priate for their work under this section.
(f) DETAIL OF PERSONNEL.—
(1) IN GENERAL.—In order to assist the Direc-
torate in discharging responsibilities under this sec-
tion, personnel of the agencies referred to in para-
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graph (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 Gov-
ernment that the President considers appro-
priate.
(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-reim-
bursable basis.
(g) FUNCTIONS TRANSFERRED.—In accordance with
title XV, there shall be transferred to the Secretary, for as-
signment to the Under Secretary for Information Analysis