6 U.S.C. § 485 — Information sharing

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- Page 254 TITLE 6—DOMESTIC SECURITY § 485 lished by Executive Order 13356, or any suc- cessor body designated by the President, and referred to under subsection (g). (3) Information sharing environment The terms ‘‘information sharing environ- ment’’ and ‘‘ISE’’ mean an approach that fa- cilitates the sharing of terrorism and home- land security information, which may include any method determined necessary and appro- priate for carrying out this section. (4) Program manager The term ‘‘program manager’’ means the program manager designated under subsection (f). (5) Terrorism information The term ‘‘terrorism information’’— (A) means all information, whether col- lected, produced, or distributed by intel- ligence, law enforcement, military, home- land security, or other activities relating to— (i) the existence, organization, capabili- ties, plans, intentions, vulnerabilities, means of finance or material support, or activities of foreign or international ter- rorist groups or individuals, or of domestic groups or individuals involved in transnational terrorism; (ii) threats posed by such groups or indi- viduals to the United States, United States persons, or United States interests, or to those of other nations; (iii) communications of or by such groups or individuals; or (iv) groups or individuals reasonably be- lieved to be assisting or associated with such groups or individuals; and (B) includes weapons of mass destruction information. (6) Weapons of mass destruction information The term ‘‘weapons of mass destruction in- formation’’ means information that could rea- sonably be expected to assist in the develop- ment, proliferation, or use of a weapon of mass destruction (including a chemical, biological, radiological, or nuclear weapon) that could be used by a terrorist or a terrorist organization against the United States, including informa- tion about the location of any stockpile of nu- clear materials that could be exploited for use in such a weapon that could be used by a ter- rorist or a terrorist organization against the United States. (b) Information sharing environment (1) Establishment The President shall— (A) create an information sharing environ- ment for the sharing of terrorism informa- tion in a manner consistent with national security and with applicable legal standards relating to privacy and civil liberties; (B) designate the organizational and man- agement structures that will be used to op- erate and manage the ISE; and (C) determine and enforce the policies, di- rectives, and rules that will govern the con- tent and usage of the ISE. (2) Attributes The President shall, through the structures described in subparagraphs (B) and (C) of para- graph (1), ensure that the ISE provides and fa- cilitates the means for sharing terrorism in- formation among all appropriate Federal, State, local, and tribal entities, and the pri- vate sector through the use of policy guide- lines and technologies. The President shall, to the greatest extent practicable, ensure that the ISE provides the functional equivalent of, or otherwise supports, a decentralized, distrib- uted, and coordinated environment that— (A) connects existing systems, where ap- propriate, provides no single points of fail- ure, and allows users to share information among agencies, between levels of govern- ment, and, as appropriate, with the private sector; (B) ensures direct and continuous online electronic access to information; (C) facilitates the availability of informa- tion in a form and manner that facilitates its use in analysis, investigations and oper- ations; (D) builds upon existing systems capabili- ties currently in use across the Government; (E) employs an information access man- agement approach that controls access to data rather than just systems and networks, without sacrificing security; (F) facilitates the sharing of information at and across all levels of security; (G) provides directory services, or the functional equivalent, for locating people and information; (H) incorporates protections for individ- uals’ privacy and civil liberties; (I) incorporates strong mechanisms to en- hance accountability and facilitate over- sight, including audits, authentication, and access controls; (J) integrates the information within the scope of the information sharing environ- ment, including any such information in leg- acy technologies; (K) integrates technologies, including all legacy technologies, through Internet-based services, consistent with appropriate secu- rity protocols and safeguards, to enable connectivity among required users at the Federal, State, and local levels; (L) allows the full range of analytic and operational activities without the need to centralize information within the scope of the information sharing environment; (M) permits analysts to collaborate both independently and in a group (commonly known as ‘‘collective and noncollective col- laboration’’), and across multiple levels of national security information and controlled unclassified information; (N) provides a resolution process that en- ables changes by authorized officials regard- ing rules and policies for the access, use, and retention of information within the scope of the information sharing environment; and (O) incorporates continuous, real-time, and immutable audit capabilities, to the maximum extent practicable. Page 255 TITLE 6—DOMESTIC SECURITY § 485 1 See References in Text note below. (3) Delegation (A) In general Subject to subparagraph (B), the President may delegate responsibility for carrying out this subsection. (B) Limitation The President may not delegate responsi- bility for carrying out this subsection to the Director of National Intelligence. (c) Preliminary report Not later than 180 days after December 17, 2004, the program manager shall, in consultation with the Information Sharing Council— (1) submit to the President and Congress a description of the technological, legal, and policy issues presented by the creation of the ISE, and the way in which these issues will be addressed; (2) establish an initial capability to provide electronic directory services, or the functional equivalent, to assist in locating in the Federal Government intelligence and terrorism infor- mation and people with relevant knowledge about intelligence and terrorism information; and (3) conduct a review of relevant current Fed- eral agency capabilities, databases, and sys- tems for sharing information. (d) Guidelines and requirements As soon as possible, but in no event later than 270 days after December 17, 2004, the President shall— (1) leverage all ongoing efforts consistent with establishing the ISE and issue guidelines for acquiring, accessing, sharing, and using in- formation, including guidelines to ensure that information is provided in its most shareable form, such as by using tearlines to separate out data from the sources and methods by which the data are obtained; (2) in consultation with the Privacy and Civil Liberties Oversight Board established under section 2000ee of title 42, issue guide- lines that— (A) protect privacy and civil liberties in the development and use of the ISE; and (B) shall be made public, unless nondisclo- sure is clearly necessary to protect national security; and (3) require the heads of Federal departments and agencies to promote a culture of informa- tion sharing by— (A) reducing disincentives to information sharing, including over-classification of in- formation and unnecessary requirements for originator approval, consistent with applica- ble laws and regulations; and (B) providing affirmative incentives for in- formation sharing. (e) Implementation plan report Not later than one year after December 17, 2004, the President shall, with the assistance of the program manager, submit to Congress a re- port containing an implementation plan for the ISE. The report shall include the following: (1) A description of the functions, capabili- ties, resources, and conceptual design of the ISE, including standards. (2) A description of the impact on enterprise architectures of participating agencies. (3) A budget estimate that identifies the in- cremental costs associated with designing, testing, integrating, deploying, and operating the ISE. (4) A project plan for designing, testing, in- tegrating, deploying, and operating the ISE. (5) The policies and directives referred to in subsection (b)(1)(C), as well as the metrics and enforcement mechanisms that will be utilized. (6) Objective, systemwide performance meas- ures to enable the assessment of progress to- ward achieving the full implementation of the ISE. (7) A description of the training require- ments needed to ensure that the ISE will be adequately implemented and properly utilized. (8) A description of the means by which pri- vacy and civil liberties will be protected in the design and operation of the ISE. (9) The recommendations of the program manager, in consultation with the Informa- tion Sharing Council, regarding whether, and under what conditions, the ISE should be ex- panded to include other intelligence informa- tion. (10) A delineation of the roles of the Federal departments and agencies that will participate in the ISE, including an identification of the agencies that will deliver the infrastructure needed to operate and manage the ISE (as dis- tinct from individual department or agency components that are part of the ISE), with such delineation of roles to be consistent with— (A) the authority of the Director of Na- tional Intelligence under this title,1 and the amendments made by this title,1 to set standards for information sharing through- out the intelligence community; and (B) the authority of the Secretary of Homeland Security and the Attorney Gen- eral, and the role of the Department of Homeland Security and the Department of Justice, in coordinating with State, local, and tribal officials and the private sector. (11) The recommendations of the program manager, in consultation with the Informa- tion Sharing Council, for a future manage- ment structure for the ISE, including whether the position of program manager should con- tinue to remain in existence. (f) Program manager (1) Designation Not later than 120 days after December 17, 2004, with notification to Congress, the Presi- dent shall designate an individual as the pro- gram manager responsible for information sharing across the Federal Government. Be- ginning on December 20, 2019, each individual designated as the program manager shall be appointed by the Director of National Intel- ligence. The program manager, in consulta- tion with the head of any affected department or agency, shall have and exercise govern- mentwide authority over the sharing of infor- Page 256 TITLE 6—DOMESTIC SECURITY § 485 2 So in original. Probably should be ‘‘rules,’’. mation within the scope of the information sharing environment, including homeland se- curity information, terrorism information, and weapons of mass destruction information, by all Federal departments, agencies, and components, irrespective of the Federal de- partment, agency, or component in which the program manager may be administratively lo- cated, except as otherwise expressly provided by law. (2) Duties and responsibilities (A) In general The program manager shall, in consulta- tion with the Information Sharing Council— (i) plan for and oversee the implementa- tion of, and manage, the ISE; (ii) assist in the development of policies, as appropriate, to foster the development and proper operation of the ISE; (iii) consistent with the direction and policies issued by the President, the Direc- tor of National Intelligence, and the Direc- tor of the Office of Management and Budg- et, issue governmentwide procedures, guidelines, instructions, and functional standards, as appropriate, for the manage- ment, development, and proper operation of the ISE; (iv) identify and resolve information sharing disputes between Federal depart- ments, agencies, and components; and (v) assist, monitor, and assess the imple- mentation of the ISE by Federal depart- ments and agencies to ensure adequate progress, technological consistency and policy compliance; and regularly report the findings to Congress. (B) Content of policies, procedures, guide- lines, rules, and standards The policies, procedures, guidelines, rules, and standards under subparagraph (A)(ii) shall— (i) take into account the varying mis- sions and security requirements of agen- cies participating in the ISE; (ii) address development, implementa- tion, and oversight of technical standards and requirements; (iii) take into account ongoing and planned efforts that support development, implementation and management of the ISE; (iv) address and facilitate information sharing between and among departments and agencies of the intelligence commu- nity, the Department of Defense, the homeland security community and the law enforcement community; (v) address and facilitate information sharing between Federal departments and agencies and State, tribal, and local gov- ernments; (vi) address and facilitate, as appro- priate, information sharing between Fed- eral departments and agencies and the pri- vate sector; (vii) address and facilitate, as appro- priate, information sharing between Fed- eral departments and agencies with for- eign partners and allies; and (viii) ensure the protection of privacy and civil liberties. (g) Information Sharing Council (1) Establishment There is established an Information Sharing Council that shall assist the President and the program manager in their duties under this section. The Information Sharing Council shall serve until removed from service or re- placed by the President (at the sole discretion of the President) with a successor body. (2) Specific duties In assisting the President and the program manager in their duties under this section, the Information Sharing Council shall— (A) advise the President and the program manager in developing policies, procedures, guidelines, roles,2 and standards necessary to establish, implement, and maintain the ISE; (B) work to ensure coordination among the Federal departments and agencies partici- pating in the ISE in the establishment, im- plementation, and maintenance of the ISE; (C) identify and, as appropriate, rec- ommend the consolidation and elimination of current programs, systems, and processes used by Federal departments and agencies to share information, and recommend, as ap- propriate, the redirection of existing re- sources to support the ISE; (D) identify gaps, if any, between existing technologies, programs and systems used by Federal departments and agencies to share information and the parameters of the pro- posed information sharing environment; (E) recommend solutions to address any gaps identified under subparagraph (D); (F) recommend means by which the ISE can be extended to allow interchange of in- formation between Federal departments and agencies and appropriate authorities of State and local governments; (G) assist the program manager in identi- fying and resolving information sharing dis- putes between Federal departments, agen- cies, and components; (H) identify appropriate personnel for as- signment to the program manager to sup- port staffing needs identified by the program manager; and (I) recommend whether or not, and by which means, the ISE should be expanded so as to allow future expansion encompassing other relevant categories of information. (3) Consultation In performing its duties, the Information Sharing Council shall consider input from per- sons and entities outside the Federal Govern- ment having significant experience and exper- tise in policy, technical matters, and oper- ational matters relating to the ISE. (4) Inapplicability of chapter 10 of title 5 The Information Sharing Council (including any subsidiary group of the Information Shar- ing Council) shall not be subject to the re- quirements of chapter 10 of title 5. Page 257 TITLE 6—DOMESTIC SECURITY § 485 (5) Detailees Upon a request by the Director of National Intelligence, the departments and agencies represented on the Information Sharing Coun- cil shall detail to the program manager, on a reimbursable basis, appropriate personnel identified under paragraph (2)(H). (h) Agency responsibilities The head of each department or agency that possesses or uses intelligence or terrorism infor- mation, operates a system in the ISE, or other- wise participates (or expects to participate) in the ISE shall— (1) ensure full department or agency compli- ance with information sharing policies, proce- dures, guidelines, rules, and standards estab- lished under subsections (b) and (f); (2) ensure the provision of adequate re- sources for systems and activities supporting operation of and participation in the ISE; (3) ensure full department or agency co- operation in the development of the ISE to im- plement governmentwide information sharing; and (4) submit, at the request of the President or the program manager, any reports on the im- plementation of the requirements of the ISE within such department or agency. (i) Report on the information sharing environ- ment (1) In general Not later than 180 days after August 3, 2007, the President shall report to the Committee on Homeland Security and Governmental Af- fairs of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Homeland Security of the House of Represent- atives, and the Permanent Select Committee on Intelligence of the House of Representa- tives on the feasibility of— (A) eliminating the use of any marking or process (including ‘‘Originator Control’’) in- tended to, or having the effect of, restricting the sharing of information within the scope of the information sharing environment, in- cluding homeland security information, ter- rorism information, and weapons of mass de- struction information, between and among participants in the information sharing en- vironment, unless the President has— (i) specifically exempted categories of in- formation from such elimination; and (ii) reported that exemption to the com- mittees of Congress described in the mat- ter preceding this subparagraph; and (B) continuing to use Federal agency standards in effect on August 3, 2007, for the collection, sharing, and access to informa- tion within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction informa- tion, relating to citizens and lawful perma- nent residents; (C) replacing the standards described in subparagraph (B) with a standard that would allow mission-based or threat-based permis- sion to access or share information within the scope of the information sharing envi- ronment, including homeland security infor- mation, terrorism information, and weapons of mass destruction information, for a par- ticular purpose that the Federal Govern- ment, through an appropriate process estab- lished in consultation with the Privacy and Civil Liberties Oversight Board established under section 2000ee of title 42, has deter- mined to be lawfully permissible for a par- ticular agency, component, or employee (commonly known as an ‘‘authorized use’’ standard); and (D) the use of anonymized data by Federal departments, agencies, or components col- lecting, possessing, disseminating, or han- dling information within the scope of the in- formation sharing environment, including homeland security information, terrorism information, and weapons of mass destruc- tion information, in any cases in which— (i) the use of such information is reason- ably expected to produce results materi- ally equivalent to the use of information that is transferred or stored in a non- anonymized form; and (ii) such use is consistent with any mis- sion of that department, agency, or com- ponent (including any mission under a Federal statute or directive of the Presi- dent) that involves the storage, retention, sharing, or exchange of personally identifi- able information. (2) Definition In this subsection, the term ‘‘anonymized data’’ means data in which the individual to whom the data pertains is not identifiable with reasonable efforts, including information that has been encrypted or hidden through the use of other technology. (j) Additional positions The program manager is authorized to hire not more than 40 full-time employees to assist the program manager in— (1) activities associated with the implemen- tation of the information sharing environ- ment, including— (A) implementing the requirements under subsection (b)(2); and (B) any additional implementation initia- tives to enhance and expedite the creation of the information sharing environment; and (2) identifying and resolving information sharing disputes between Federal depart- ments, agencies, and components under sub- section (f)(2)(A)(iv). (k) Authorization of appropriations There is authorized to be appropriated to carry out this section $30,000,000 for each of fis- cal years 2008 and 2009. (Pub. L. 108–458, title I, § 1016, Dec. 17, 2004, 118 Stat. 3664; Pub. L. 110–53, title V, § 504, Aug. 3, 2007, 121 Stat. 313; Pub. L. 111–259, title VIII, § 806(a)(1), Oct. 7, 2010, 124 Stat. 2748; Pub. L. 116–92, div. E, title LXIV, § 6402, Dec. 20, 2019, 133 Stat. 2196; Pub. L. 116–260, div. W, title III, § 307, Dec. 27, 2020, 134 Stat. 2368; Pub. L. 117–263, div. F, title LXVIII, § 6811(c)(1), Dec. 23, 2022, 136 Stat. 3600; Pub. L. 117–286, § 4(a)(17), Dec. 27, 2022, 136 Stat. 4307.) Page 258 TITLE 6—DOMESTIC SECURITY § 485 Editorial Notes REFERENCES IN TEXT Executive Order 13356, referred to in subsec. (a)(2), which was formerly set out as a note below, was re- voked by Ex. Ord. No. 13388, set out as a note below, which established an Information Sharing Council con- sistent with subsec. (g) of this section. This title, referred to in subsec. (e)(10)(A), is title I of Pub. L. 108–458, Dec. 17, 2004, 118 Stat. 3643, known as the National Security Intelligence Reform Act of 2004. For complete classification of title I to the Code, see Tables. CODIFICATION Section was enacted as part of the Intelligence Re- form and Terrorism Prevention Act of 2004, and also as part of the National Security Intelligence Reform Act of 2004, and not as part of the Homeland Security Act of 2002 which comprises this chapter. AMENDMENTS 2022—Subsec. (g)(4). Pub. L. 117–286 substituted ‘‘chap- ter 10 of title 5’’ for ‘‘Federal Advisory Committee Act’’ in heading and ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act (5 U.S.C. App.).’’ in text. Subsecs. (h) to (l). Pub. L. 117–263 redesignated sub- secs. (i) to (l) as (h) to (k), respectively, and struck out former subsec. (h) which related to performance man- agement reports. 2020—Subsec. (b)(1). Pub. L. 116–260, § 307(1), sub- stituted ‘‘President’’ for ‘‘Director of National Intel- ligence’’ in introductory provisions. Subsec. (b)(2). Pub. L. 116–260, § 307(2), substituted ‘‘President’’ for ‘‘Director of National Intelligence’’ in two places in introductory provisions. Subsec. (b)(3). Pub. L. 116–260, § 307(3), added par. (3). 2019—Subsec. (b)(1). Pub. L. 116–92, § 6402(a)(1), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Presi- dent’’ in introductory provisions. Subsec. (b)(2). Pub. L. 116–92, § 6402(a)(2), substituted ‘‘Director of National Intelligence’’ for ‘‘President’’ in two places in introductory provisions. Subsec. (f)(1). Pub. L. 116–92, § 6402(b), substituted ‘‘Beginning on December 20, 2019, each individual des- ignated as the program manager shall be appointed by the Director of National Intelligence.’’ for ‘‘The indi- vidual designated as the program manager shall serve as program manager until removed from service or re- placed by the President (at the President’s sole discre- tion).’’ 2010—Subsec. (e)(10)(B). Pub. L. 111–259 substituted ‘‘Department of Justice’’ for ‘‘Attorney General’’. 2007—Subsec. (a)(1), (2). Pub. L. 110–53, § 504(1)(A), (B), added par. (1) and redesignated former par. (1) as (2). Former par. (2) redesignated (3). Subsec. (a)(3). Pub. L. 110–53, § 504(1)(C), added par. (3) and struck out heading and text of former par. (3). Text read as follows: ‘‘The terms ‘information sharing envi- ronment’ and ‘ISE’ mean an approach that facilitates the sharing of terrorism information, which approach may include any methods determined necessary and ap- propriate for carrying out this section.’’ Pub. L. 110–53, § 504(1)(A), redesignated par. (2) as (3). Former par. (3) redesignated (4). Subsec. (a)(4). Pub. L. 110–53, § 504(1)(A), redesignated par. (3) as (4). Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 110–53, § 504(1)(D), added par. (5) and struck out heading and text of former par (5). Text read as follows: ‘‘The term ‘terrorism information’ means all information, whether collected, produced, or distributed by intelligence, law enforcement, military, homeland security, or other activities relating to— ‘‘(A) the existence, organization, capabilities, plans, intentions, vulnerabilities, means of finance or material support, or activities of foreign or inter- national terrorist groups or individuals, or of domes- tic groups or individuals involved in transnational terrorism; ‘‘(B) threats posed by such groups or individuals to the United States, United States persons, or United States interests, or to those of other nations; ‘‘(C) communications of or by such groups or indi- viduals; or ‘‘(D) groups or individuals reasonably believed to be assisting or associated with such groups or individ- uals.’’ Pub. L. 110–53, § 504(1)(A), redesignated par. (4) as (5). Subsec. (a)(6). Pub. L. 110–53, § 504(1)(E), added par. (6). Subsec. (b)(2)(J) to (O). Pub. L. 110–53, § 504(2), added subpars. (J) to (O). Subsec. (f)(1). Pub. L. 110–53, § 504(3)(A), substituted ‘‘until removed from service or replaced’’ for ‘‘during the two-year period beginning on the date of designa- tion under this paragraph unless sooner removed from service and replaced’’ and ‘‘The program manager, in consultation with the head of any affected department or agency, shall have and exercise governmentwide au- thority over the sharing of information within the scope of the information sharing environment, includ- ing homeland security information, terrorism informa- tion, and weapons of mass destruction information, by all Federal departments, agencies, and components, ir- respective of the Federal department, agency, or com- ponent in which the program manager may be adminis- tratively located, except as otherwise expressly pro- vided by law’’ for ‘‘The program manager shall have and exercise governmentwide authority’’. Subsec. (f)(2)(A)(ii) to (v). Pub. L. 110–53, § 504(3)(B), added cls. (ii) to (iv), redesignated former cl. (iii) as (v), and struck out former cl. (ii) which read as follows: ‘‘assist in the development of policies, procedures, guidelines, rules, and standards as appropriate to foster the development and proper operation of the ISE; and’’. Subsec. (g)(1). Pub. L. 110–53, § 504(4)(A), substituted ‘‘until removed from service or replaced’’ for ‘‘during the two-year period beginning on the date of the initial designation of the program manager by the President under subsection (f)(1) of this section, unless sooner re- moved from service and replaced’’. Subsec. (g)(2)(G) to (I). Pub. L. 110–53, § 504(4)(B), added subpars. (G) and (H) and redesignated former sub- par. (G) as (I). Subsec. (g)(4). Pub. L. 110–53, § 504(4)(C), inserted ‘‘(in- cluding any subsidiary group of the Information Shar- ing Council)’’ before ‘‘shall not be subject’’. Subsec. (g)(5). Pub. L. 110–53, § 504(4)(D), added par. (5). Subsec. (h)(1). Pub. L. 110–53, § 504(5), substituted ‘‘and not later than June 30 of each year thereafter’’ for ‘‘and annually thereafter’’. Subsecs. (j) to (l). Pub. L. 110–53, § 504(6), added sub- secs. (j) to (l) and struck out heading and text of former subsec. (j). Text read as follows: ‘‘There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2005 and 2006.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE For determination by President that section takes ef- fect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of Title 50, War and National Defense. Section effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see sec- tion 1097(a) of Pub. L. 108–458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of Title 50, War and National De- fense. PROCEDURES TO CLEAR INDIVIDUALS FROM TERRORIST DATABASE LISTS Pub. L. 109–295, title V, § 556, Oct. 4, 2006, 120 Stat. 1391, provided that: ‘‘Not later than six months after the date of enactment of this Act [Oct. 4, 2006], the Sec- retary of Homeland Security shall establish revised procedures for expeditiously clearing individuals whose Page 259 TITLE 6—DOMESTIC SECURITY § 485 names have been mistakenly placed on a terrorist data- base list or who have names identical or similar to in- dividuals on a terrorist database list. The Secretary shall advise Congress of the procedures established.’’ Executive Documents EXECUTIVE ORDER NO. 13356 Ex. Ord. No. 13356, Aug. 27, 2004, 69 F.R. 53599, which provided for strengthening the sharing of terrorism in- formation to protect Americans, was revoked by Ex. Ord. No. 13388, § 8(b), Oct. 25, 2005, 70 F.R. 62025, set out below. EX. ORD. NO. 13388. FURTHER STRENGTHENING THE SHAR- ING OF TERRORISM INFORMATION TO PROTECT AMERI- CANS Ex. Ord. No. 13388, Oct. 25, 2005, 70 F.R. 62023, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1016 of the Intelligence Re- form and Terrorism Prevention Act of 2004 (Public Law 108–458) [6 U.S.C. 485], and in order to further strength- en the effective conduct of United States counterterrorism activities and protect the territory, people, and interests of the United States of America, including against terrorist attacks, it is hereby ordered as follows: SECTION 1. Policy. To the maximum extent consistent with applicable law, agencies shall, in the design and use of information systems and in the dissemination of information among agencies: (a) give the highest priority to (i) the detection, pre- vention, disruption, preemption, and mitigation of the effects of terrorist activities against the territory, peo- ple, and interests of the United States of America; (ii) the interchange of terrorism information among agen- cies; (iii) the interchange of terrorism information be- tween agencies and appropriate authorities of State, local, and tribal governments, and between agencies and appropriate private sector entities; and (iv) the protection of the ability of agencies to acquire addi- tional such information; and (b) protect the freedom, information privacy, and other legal rights of Americans in the conduct of ac- tivities implementing subsection (a). SEC. 2. Duties of Heads of Agencies Possessing or Acquir- ing Terrorism Information. To implement the policy set forth in section 1 of this order, the head of each agency that possesses or acquires terrorism information: (a) shall promptly give access to the terrorism infor- mation to the head of each other agency that has counterterrorism functions, and provide the terrorism information to each such agency, unless otherwise di- rected by the President, and consistent with (i) the statutory responsibilities of the agencies providing and receiving the information; (ii) any guidance issued by the Attorney General to fulfill the policy set forth in subsection 1(b) of this order; and (iii) other applicable law, including sections 102A(g) and (i) of the National Security Act of 1947 [50 U.S.C. 3024(g), (i)], section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 [6 U.S.C. 485] (including any policies, proce- dures, guidelines, rules, and standards issued pursuant thereto), sections 202 and 892 of the Homeland Security Act of 2002 [6 U.S.C. 122, 482], [former] Executive Order 12958 of April 17, 1995, as amended, and Executive Order 13311 of July 29, 2003 [6 U.S.C. 482 note]; and (b) shall cooperate in and facilitate production of re- ports based on terrorism information with contents and formats that permit dissemination that maximizes the utility of the information in protecting the territory, people, and interests of the United States. SEC. 3. Preparing Terrorism Information for Maximum Distribution. To assist in expeditious and effective im- plementation by agencies of the policy set forth in sec- tion 1 of this order, the common standards for the shar- ing of terrorism information established pursuant to section 3 of Executive Order 13356 of August 27, 2004 [formerly set out above], shall be used, as appropriate, in carrying out section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004. SEC. 4. Requirements for Collection of Terrorism Informa- tion Inside the United States. To assist in expeditious and effective implementation by agencies of the policy set forth in section 1 of this order, the recommendations regarding the establishment of executive branch-wide collection and sharing requirements, procedures, and guidelines for terrorism information collected within the United States made pursuant to section 4 of Execu- tive Order 13356 [formerly set out above] shall be used, as appropriate, in carrying out section 1016 of the Intel- ligence Reform and Terrorism Prevention Act of 2004. SEC. 5. Establishment and Functions of Information Sharing Council. (a) Consistent with section 1016(g) of the Intelligence Reform and Terrorism Prevention Act of 2004, there is hereby established an Information Sharing Council (Council), chaired by the Program Manager to whom section 1016 of such Act refers, and composed exclusively of designees of: the Secretaries of State, the Treasury, Defense, Commerce, Energy, and Homeland Security; the Attorney General; the Director of National Intelligence; the Director of the Central In- telligence Agency; the Director of the Office of Man- agement and Budget; the Director of the Federal Bu- reau of Investigation; the Director of the National Counterterrorism Center; and such other heads of de- partments or agencies as the Director of National In- telligence may designate. (b) The mission of the Council is to (i) provide advice and information concerning the establishment of an interoperable terrorism information sharing environ- ment to facilitate automated sharing of terrorism in- formation among appropriate agencies to implement the policy set forth in section 1 of this order; and (ii) perform the duties set forth in section 1016(g) of the In- telligence Reform and Terrorism Prevention Act of 2004. (c) To assist in expeditious and effective implementa- tion by agencies of the policy set forth in section 1 of this order, the plan for establishment of a proposed interoperable terrorism information sharing environ- ment reported under section 5(c) of Executive Order 13356 [formerly set out above] shall be used, as appro- priate, in carrying out section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004. SEC. 6. Definitions. As used in this order: (a) the term ‘‘agency’’ has the meaning set forth for the term ‘‘executive agency’’ in section 105 of title 5, United States Code, together with the Department of Homeland Security, but includes the Postal Rate Com- mission and the United States Postal Service and ex- cludes the Government Accountability Office; and (b) the term ‘‘terrorism information’’ has the mean- ing set forth for such term in section 1016(a)(4) of the Intelligence Reform and Terrorism Prevention Act of 2004. SEC. 7. General Provisions. (a) This order: (i) shall be implemented in a manner consistent with applicable law, including Federal law protecting the in- formation privacy and other legal rights of Americans, and subject to the availability of appropriations; (ii) shall be implemented in a manner consistent with the authority of the principal officers of agencies as heads of their respective agencies, including under sec- tion 199 of the Revised Statutes (22 U.S.C. 2651), section 201 of the Department of Energy Organization Act (42 U.S.C. 7131), section 103 of the National Security Act of 1947 (50 U.S.C. 403–3) [now 50 U.S.C. 3025], section 102(a) of the Homeland Security Act of 2002 (6 U.S.C. 112(a)), and sections 301 of title 5, 113(b) and 162(b) of title 10, 1501 of title 15, 503 of title 28, and 301(b) of title 31, United States Code; (iii) shall be implemented consistent with the Presi- dential Memorandum of June 2, 2005, on ‘‘Strength- ening Information Sharing, Access, and Integration— Organizational, Management, and Policy Development Structures for Creating the Terrorism Information Sharing Environment;’’ [not set out in the Code] Page 260 TITLE 6—DOMESTIC SECURITY § 486 (iv) shall not be construed to impair or otherwise af- fect the functions of the Director of the Office of Man- agement and Budget relating to budget, administra- tive, and legislative proposals; and (v) shall be implemented in a manner consistent with section 102A of the National Security Act of 1947 [50 U.S.C. 3024]. (b) This order is intended only to improve the inter- nal management of the Federal Government and is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in eq- uity by a party against the United States, its depart- ments, agencies, instrumentalities, or entities, its offi- cers, employees, or agents, or any other person. SEC. 8. Amendments and Revocation. (a) [Amended Ex. Ord. No. 13311, set out as a note under section 482 of this title.] (b) Executive Order 13356 of August 27, 2004 [formerly set out above], is hereby revoked. GEORGE W. BUSH. ASSIGNMENT OF CERTAIN FUNCTIONS UNDER THE INTEL- LIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004 Memorandum of President of the United States, Nov. 14, 2006, 71 F.R. 67029, provided: Memorandum for the Director of National Intel- ligence By the authority vested in me as President by the Constitution and laws of the United States, including section 301 of title 3, United States Code, the reporting function of the President under section 1016(e) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458, 118 Stat. 3638) is hereby as- signed to the Director of National Intelligence (Direc- tor). The Director shall perform such function in a manner consistent with the President’s constitutional author- ity to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the perform- ance of the Executive’s constitutional duties. Any reference in this memorandum to the provision of any Act shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision. You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. Memorandum of President of the United States, Apr. 10, 2007, 72 F.R. 18561, provided: Memorandum for the Director of National Intel- ligence By the authority vested in me as President by the Constitution and laws of the United States of America, including section 301 of title 3, United States Code, the functions of the President under section 1016(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458) (the ‘‘Act’’) are hereby as- signed to the Director of National Intelligence (Direc- tor). The Director shall perform such functions in a man- ner consistent with direction and guidance issued by the President, including (1) the Memorandum for the Heads of Executive Departments and Agencies of June 2, 2005, entitled ‘‘Strengthening Information Sharing, Access, and Integration—Organizational, Management, and Policy Development Structures for Creating the Terrorism Information Sharing Environment,’’ and (2) the Memorandum for the Heads of Executive Depart- ments and Agencies of December 16, 2005, entitled ‘‘Guidelines and Requirements in Support of the Infor- mation Sharing Environment;’’ provided that the Di- rector shall ensure that the official within the Office of the Director of National Intelligence previously des- ignated as the program manager responsible for infor- mation sharing across the Federal Government pursu- ant to the Act shall be the assistant to the Director in carrying out the functions delegated by this memo- randum. You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. [Pub. L. 116–92, div. E, title LXIV, § 6402(a), Dec. 20, 2019, 133 Stat. 2196, amended subsec. (b) of this section by substituting ‘‘Director of National Intelligence’’ for ‘‘President’’, thereby making the assignment of func- tions in the memorandum above moot.] Memorandum of President of the United States, Sept. 8, 2007, 72 F.R. 52279, provided: Memorandum for the Secretary of State[,] the Sec- retary of Defense[,] the Attorney General[,] the Sec- retary of Energy[,] the Secretary of Homeland Security[, and] the Director of National Intelligence By the authority vested in me as President by the Constitution and laws of the United States, including section 301 of title 3, United States Code, the reporting functions of the President under subsections (h) and (j) of section 1016 of the Intelligence Reform and Ter- rorism Prevention Act of 2004 (Public Law 108–458), as amended by the Implementing Recommendations of the 9/11 Commission Act of 2007 (Public Law 110–53) (IRTPA), are hereby assigned to the Director of Na- tional Intelligence (Director). The Director shall con- sult the Secretaries of State, Defense, Energy, Home- land Security, and the Attorney General in performing such functions. Heads of departments and agencies shall, to the ex- tent permitted by law, furnish to the Director informa- tion that the Director requests to perform such func- tions, in the format and on the schedule specified by the Director. The Director shall perform such functions in a man- ner consistent with the President’s constitutional au- thority to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, and the per- formance of the Executive’s constitutional duties. Any reference in this memorandum to the provision of IRTPA shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision. The Director is authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. § 486. Limitation of liability A person who has completed a security aware- ness training course approved by or operated under a cooperative agreement with the Depart- ment of Homeland Security using funds made available in fiscal year 2006 and thereafter or in any prior appropriations Acts, who is enrolled in a program recognized or acknowledged by an In- formation Sharing and Analysis Center, and who reports a situation, activity or incident pursu- ant to that program to an appropriate author- ity, shall not be liable for damages in any action brought in a Federal or State court which result from any act or omission unless such person is guilty of gross negligence or willful misconduct. (Pub. L. 109–90, title V, § 541, Oct. 18, 2005, 119 Stat. 2089.) Editorial Notes CODIFICATION Section was enacted as part of the Department of Homeland Security Appropriations Act, 2006, and not as part of the Homeland Security Act of 2002 which com- prises this chapter. PART J—SECURE HANDLING OF AMMONIUM NITRATE § 488. Definitions In this part: