6 U.S.C. § 482 — Facilitating homeland security information

Page 251 TITLE 6—DOMESTIC SECURITY § 482 Statutory Notes and Related Subsidiaries REPORTS TO CONGRESS Pub. L. 110–28, title III, May 25, 2007, 121 Stat. 139, pro- vided in part: ‘‘That starting July 1, 2007, the Secretary of Homeland Security shall submit quarterly reports to the Committees on Appropriations of the Senate and the House of Representatives detailing the information required in House Report 110–107.’’ § 482. Facilitating homeland security information sharing procedures (a) Procedures for determining extent of sharing of homeland security information (1) The President shall prescribe and imple- ment procedures under which relevant Federal agencies— (A) share relevant and appropriate homeland security information with other Federal agen- cies, including the Department, and appro- priate State and local personnel; (B) identify and safeguard homeland secu- rity information that is sensitive but unclassi- fied; and (C) to the extent such information is in clas- sified form, determine whether, how, and to what extent to remove classified information, as appropriate, and with which such personnel it may be shared after such information is re- moved. (2) The President shall ensure that such proce- dures apply to all agencies of the Federal Gov- ernment. (3) Such procedures shall not change the sub- stantive requirements for the classification and safeguarding of classified information. (4) Such procedures shall not change the re- quirements and authorities to protect sources and methods. (b) Procedures for sharing of homeland security information (1) Under procedures prescribed by the Presi- dent, all appropriate agencies, including the in- telligence community, shall, through informa- tion sharing systems, share homeland security information with Federal agencies and appro- priate State and local personnel to the extent such information may be shared, as determined in accordance with subsection (a), together with assessments of the credibility of such informa- tion. (2) Each information sharing system through which information is shared under paragraph (1) shall— (A) have the capability to transmit unclassi- fied or classified information, though the pro- cedures and recipients for each capability may differ; (B) have the capability to restrict delivery of information to specified subgroups by geo- graphic location, type of organization, posi- tion of a recipient within an organization, or a recipient’s need to know such information; (C) be configured to allow the efficient and effective sharing of information; and (D) be accessible to appropriate State and local personnel. (3) The procedures prescribed under paragraph (1) shall establish conditions on the use of infor- mation shared under paragraph (1)— (A) to limit the redissemination of such in- formation to ensure that such information is not used for an unauthorized purpose; (B) to ensure the security and confiden- tiality of such information; (C) to protect the constitutional and statu- tory rights of any individuals who are subjects of such information; and (D) to provide data integrity through the timely removal and destruction of obsolete or erroneous names and information. (4) The procedures prescribed under paragraph (1) shall ensure, to the greatest extent prac- ticable, that the information sharing system through which information is shared under such paragraph include existing information sharing systems, including, but not limited to, the Na- tional Law Enforcement Telecommunications System, the Regional Information Sharing Sys- tem, and the Terrorist Threat Warning System of the Federal Bureau of Investigation. (5) Each appropriate Federal agency, as deter- mined by the President, shall have access to each information sharing system through which information is shared under paragraph (1), and shall therefore have access to all information, as appropriate, shared under such paragraph. (6) The procedures prescribed under paragraph (1) shall ensure that appropriate State and local personnel are authorized to use such informa- tion sharing systems— (A) to access information shared with such personnel; and (B) to share, with others who have access to such information sharing systems, the home- land security information of their own juris- dictions, which shall be marked appropriately as pertaining to potential terrorist activity. (7) Under procedures prescribed jointly by the Director of Central Intelligence and the Attor- ney General, each appropriate Federal agency, as determined by the President, shall review and assess the information shared under paragraph (6) and integrate such information with existing intelligence. (c) Sharing of classified information and sen- sitive but unclassified information with State and local personnel (1) The President shall prescribe procedures under which Federal agencies may, to the extent the President considers necessary, share with appropriate State and local personnel homeland security information that remains classified or otherwise protected after the determinations prescribed under the procedures set forth in sub- section (a). (2) It is the sense of Congress that such proce- dures may include 1 or more of the following means: (A) Carrying out security clearance inves- tigations with respect to appropriate State and local personnel. (B) With respect to information that is sen- sitive but unclassified, entering into non- disclosure agreements with appropriate State and local personnel. (C) Increased use of information-sharing partnerships that include appropriate State and local personnel, such as the Joint Ter- Page 252 TITLE 6—DOMESTIC SECURITY § 482 rorism Task Forces of the Federal Bureau of Investigation, the Anti-Terrorism Task Forces of the Department of Justice, and regional Terrorism Early Warning Groups. (3)(A) The Secretary shall establish a program to provide appropriate training to officials de- scribed in subparagraph (B) in order to assist such officials in— (i) identifying sources of potential terrorist threats through such methods as the Sec- retary determines appropriate; (ii) reporting information relating to such potential terrorist threats to the appropriate Federal agencies in the appropriate form and manner; (iii) assuring that all reported information is systematically submitted to and passed on by the Department for use by appropriate Federal agencies; and (iv) understanding the mission and roles of the intelligence community to promote more effective information sharing among Federal, State, and local officials and representatives of the private sector to prevent terrorist at- tacks against the United States. (B) The officials referred to in subparagraph (A) are officials of State and local government agencies and representatives of private sector entities with responsibilities relating to the oversight and management of first responders, counterterrorism activities, or critical infra- structure. (C) The Secretary shall consult with the At- torney General to ensure that the training pro- gram established in subparagraph (A) does not duplicate the training program established in section 908 of the USA PATRIOT Act (Public Law 107–56; 28 U.S.C. 509 note). (D) The Secretary shall carry out this para- graph in consultation with the Director of Cen- tral Intelligence and the Attorney General. (d) Responsible officials For each affected Federal agency, the head of such agency shall designate an official to admin- ister this chapter with respect to such agency. (e) Federal control of information Under procedures prescribed under this sec- tion, information obtained by a State or local government from a Federal agency under this section shall remain under the control of the Federal agency, and a State or local law author- izing or requiring such a government to disclose information shall not apply to such information. (f) Definitions As used in this section: (1) The term ‘‘homeland security informa- tion’’ means any information possessed by a Federal, State, or local agency that— (A) relates to the threat of terrorist activ- ity; (B) relates to the ability to prevent, inter- dict, or disrupt terrorist activity; (C) would improve the identification or in- vestigation of a suspected terrorist or ter- rorist organization; or (D) would improve the response to a ter- rorist act. (2) The term ‘‘intelligence community’’ has the meaning given such term in section 3003(4) of title 50. (3) The term ‘‘State and local personnel’’ means any of the following persons involved in prevention, preparation, or response for ter- rorist attack: (A) State Governors, mayors, and other lo- cally elected officials. (B) State and local law enforcement per- sonnel and firefighters. (C) Public health and medical profes- sionals. (D) Regional, State, and local emergency management agency personnel, including State adjutant generals. (E) Other appropriate emergency response agency personnel. (F) Employees of private-sector entities that affect critical infrastructure, cyber, economic, or public health security, as des- ignated by the Federal Government in proce- dures developed pursuant to this section. (4) The term ‘‘State’’ includes the District of Columbia and any commonwealth, territory, or possession of the United States. (g) Construction Nothing in this chapter shall be construed as authorizing any department, bureau, agency, of- ficer, or employee of the Federal Government to request, receive, or transmit to any other Gov- ernment entity or personnel, or transmit to any State or local entity or personnel otherwise au- thorized by this chapter to receive homeland se- curity information, any information collected by the Federal Government solely for statistical purposes in violation of any other provision of law relating to the confidentiality of such infor- mation. (Pub. L. 107–296, title VIII, § 892, Nov. 25, 2002, 116 Stat. 2253; Pub. L. 108–177, title III, § 316(a), Dec. 13, 2003, 117 Stat. 2610.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (d) and (g), was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Se- curity 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. AMENDMENTS 2003—Subsec. (c)(3). Pub. L. 108–177 added par. (3). Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense. Page 253 TITLE 6—DOMESTIC SECURITY § 485 Executive Documents EX. ORD. NO. 13311. HOMELAND SECURITY INFORMATION SHARING Ex. Ord. No. 13311, July 29, 2003, 68 F.R. 45149, as amended by Ex. Ord. No. 13388, § 8(a), Oct. 25, 2005, 70 F.R. 62025, provided: By the authority vested in me by the Constitution and the laws of the United States, including sections 892 and 893 of the Homeland Security Act of 2002 (the ‘‘Act’’) (6 U.S.C. 482 and 483) and section 301 of title 3, United States Code, it is hereby ordered as follows: SECTION 1. Assignment of Functions. (a) The functions of the President under section 892 of the Act are as- signed to the Secretary of Homeland Security (the ‘‘Secretary’’), except the functions of the President under subsections 892(a)(2) and 892(b)(7). (b) Subject to section 2(b) of this order, the function of the President under section 893 of the Act is assigned to the Secretary. (c) Procedures issued by the Secretary in the per- formance of the function of the President under section 892(a)(1) of the Act shall apply to all agencies of the Federal Government. Such procedures shall specify that the President may make, or may authorize an- other officer of the United States to make, exceptions to the procedures. (d) The function of the President under section 892(b)(7) of the Act is delegated to the Attorney General and the Director of National Intelligence, to be exer- cised jointly. (e) In performing the functions assigned to the Sec- retary by subsection (a) of this section, the Secretary shall coordinate with the Secretary of State, the Sec- retary of Defense, the Attorney General, the Secretary of Energy, the Director of the Office of Management and Budget, the Director of National Intelligence, the Archivist of the United States, and as the Secretary deems appropriate, other officers of the United States. (f) A determination, under the procedures issued by the Secretary in the performance of the function of the President under section 892(a)(1) of the Act, as to whether, or to what extent, an individual who falls within the category of ‘‘State and local personnel’’ as defined in sections 892(f)(3) and (f)(4) of the Act shall have access to information classified pursuant to [former] Executive Order 12958 of April 17, 1995, as amended, is a discretionary determination and shall be conclusive and not subject to review or appeal. SEC. 2. Rules of Construction. Nothing in this order shall be construed to impair or otherwise affect: (a) the authority of the Director of National Intel- ligence under section 102A(i)(1) of the National Secu- rity Act of 1947, as amended (50 U.S.C. 403–3(c)(7) [sic]) [50 U.S.C. 3024(i)(1)], to protect intelligence sources and methods from unauthorized disclosure; (b) the functions of the Director of the Office of Man- agement and Budget relating to budget, administra- tive, or legislative proposals; or (c) the provisions of Executive Orders 12958 of April 17, 1995 [former 50 U.S.C. 435 note], as amended, and 12968 of August 2, 1995 [50 U.S.C. 3161 note], as amended. SEC. 3. General Provision. This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, cre- ate any right or benefit, substantive or procedural, en- forceable 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. § 483. Report (a) Report required Not later than 12 months after November 25, 2002, the President shall submit to the congres- sional committees specified in subsection (b) a report on the implementation of section 482 of this title. The report shall include any rec- ommendations for additional measures or appro- priation requests, beyond the requirements of section 482 of this title, to increase the effective- ness of sharing of information between and among Federal, State, and local entities. (b) Specified congressional committees The congressional committees referred to in subsection (a) are the following committees: (1) The Permanent Select Committee on In- telligence and the Committee on the Judiciary of the House of Representatives. (2) The Select Committee on Intelligence and the Committee on the Judiciary of the Senate. (Pub. L. 107–296, title VIII, § 893, Nov. 25, 2002, 116 Stat. 2255.) Executive Documents DELEGATION OF FUNCTIONS For assignment of function of President under this section, subject to certain limitations, to Secretary of Homeland Security, see Ex. Ord. No. 13311, § 1(b), July 29, 2003, 68 F.R. 45149, set out as a note under section 482 of this title. § 484. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out section 482 of this title. (Pub. L. 107–296, title VIII, § 894, Nov. 25, 2002, 116 Stat. 2256.) § 484a. Reciprocal information sharing Acting in accordance with a bilateral or mul- tilateral arrangement, the Secretary, in the Secretary’s discretion and on the basis of reci- procity, may provide information from the Na- tional Sex Offender Registry relating to a con- viction for a sex offense against a minor (as such terms are defined in section 20911 of title 34) to a foreign government upon the request of the foreign government, and may receive com- parable information from the foreign govern- ment. (Pub. L. 107–296, title VIII, § 895, as added Pub. L. 117–347, title III, § 323(a)(1)(B), Jan. 5, 2023, 136 Stat. 6207.) Editorial Notes PRIOR PROVISIONS A prior section 895 of Pub. L. 107–296 amended Rule 6 of the Federal Rules of Criminal Procedure, set out in the Appendix to Title 18, Crimes and Criminal Proce- dure, prior to repeal by Pub. L. 117–347, title III, § 323(a)(1)(A), Jan. 5, 2023, 136 Stat. 6206. § 485. Information sharing (a) Definitions In this section: (1) Homeland security information The term ‘‘homeland security information’’ has the meaning given that term in section 482(f) of this title. (2) Information Sharing Council The term ‘‘Information Sharing Council’’ means the Information Systems Council estab-