6 U.S.C. § 124a — Homeland security information sharing

Page 41 TITLE 6—DOMESTIC SECURITY § 124a rated, the President shall submit to the majority leader of the Senate, the minority leader of the Sen- ate, the Speaker of the House of Representatives, the majority leader of the House of Representatives, the minority leader of the House of Representatives, and the appropriate congressional committees an updated version of the strategy described in paragraph (1). ‘‘(3) CONTENTS.—The strategy and updates required under this subsection shall— ‘‘(A) include an accounting and description of all Federal Government programs, projects, and activi- ties designed to constrain domestic and inter- national travel by terrorists and foreign fighters; ‘‘(B) identify specific security vulnerabilities within the United States and outside of the United States that may be exploited by terrorists and for- eign fighters; ‘‘(C) delineate goals for— ‘‘(i) closing the security vulnerabilities identi- fied under subparagraph (B); and ‘‘(ii) enhancing the ability of the Federal Gov- ernment to constrain domestic and international travel by terrorists and foreign fighters; and ‘‘(D) describe the actions that will be taken to achieve the goals delineated under subparagraph (C) and the means needed to carry out such actions, including— ‘‘(i) steps to reform, improve, and streamline existing Federal Government efforts to align with the current threat environment; ‘‘(ii) new programs, projects, or activities that are requested, under development, or undergoing implementation; ‘‘(iii) new authorities or changes in existing au- thorities needed from Congress; ‘‘(iv) specific budget adjustments being re- quested to enhance United States security in a risk-based manner; and ‘‘(v) the Federal departments and agencies re- sponsible for the specific actions described in this subparagraph. ‘‘(4) SUNSET.—The requirement to submit updated national strategies under this subsection shall termi- nate on the date that is seven years after the date of the enactment of this Act [Dec. 23, 2016]. ‘‘(c) DEVELOPMENT OF IMPLEMENTATION PLANS.—For each national strategy required under subsection (b), the President shall direct the heads of relevant Federal agencies to develop implementation plans for each such agency. ‘‘(d) IMPLEMENTATION PLANS.— ‘‘(1) IN GENERAL.—The President shall submit to the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representa- tives, the majority leader of the House of Representa- tives, the minority leader of the House of Representa- tives, and the appropriate congressional committees an implementation plan developed under subsection (c) with each national strategy required under sub- section (b). Consistent with the protection of classi- fied information, each such implementation plan shall be submitted in unclassified form, but may in- clude a classified annex. ‘‘(2) ANNUAL UPDATES.—The President shall submit to the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the majority leader of the House of Representatives, the minority leader of the House of Representatives, and the appropriate congressional committees an annual updated implementation plan during the ten-year period beginning on the date of the enactment of this Act [Dec. 23, 2016]. ‘‘(e) DEFINITION.—In this section, the term ‘appro- priate congressional committees’ means— ‘‘(1) in the House of Representatives— ‘‘(A) the Committee on Homeland Security; ‘‘(B) the Committee on Armed Services; ‘‘(C) the Permanent Select Committee on Intel- ligence; ‘‘(D) the Committee on the Judiciary; ‘‘(E) the Committee on Foreign Affairs; ‘‘(F) the Committee on Appropriations; and ‘‘(2) in the Senate— ‘‘(A) the Committee on Homeland Security and Governmental Affairs; ‘‘(B) the Committee on Armed Services; ‘‘(C) the Select Committee on Intelligence; ‘‘(D) the Committee on the Judiciary; ‘‘(E) the Committee on Foreign Relations; and ‘‘(F) the Committee on Appropriations. ‘‘(f) SPECIAL RULE FOR CERTAIN RECEIPT.—The defini- tion under subsection (e) shall be treated as including the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate for purposes of receipt of those portions of— ‘‘(1) the national strategy (including updates there- to), and ‘‘(2) the implementation plan (including updates thereto), required under this section that relate to maritime travel into and out of the United States.’’ § 124. Homeland Security Advisory System (a) Requirement The Secretary shall administer the Homeland Security Advisory System in accordance with this section to provide advisories or warnings regarding the threat or risk that acts of ter- rorism will be committed on the homeland to Federal, State, local, and tribal government au- thorities and to the people of the United States, as appropriate. The Secretary shall exercise pri- mary responsibility for providing such advisories or warnings. (b) Required elements In administering the Homeland Security Advi- sory System, the Secretary shall— (1) establish criteria for the issuance and revocation of such advisories or warnings; (2) develop a methodology, relying on the criteria established under paragraph (1), for the issuance and revocation of such advisories or warnings; (3) provide, in each such advisory or warn- ing, specific information and advice regarding appropriate protective measures and counter- measures that may be taken in response to the threat or risk, at the maximum level of detail practicable to enable individuals, government entities, emergency response providers, and the private sector to act appropriately; (4) whenever possible, limit the scope of each such advisory or warning to a specific region, locality, or economic sector believed to be under threat or at risk; and (5) not, in issuing any advisory or warning, use color designations as the exclusive means of specifying homeland security threat condi- tions that are the subject of the advisory or warning. (Pub. L. 107–296, title II, § 203, as added Pub. L. 110–53, title V, § 501(a)(1), Aug. 3, 2007, 121 Stat. 306.) § 124a. Homeland security information sharing (a) Information sharing Consistent with section 485 of this title, the Secretary, acting through the Under Secretary for Intelligence and Analysis, shall integrate the information and standardize the format of the Page 42 TITLE 6—DOMESTIC SECURITY § 124b products of the intelligence components of the Department containing homeland security infor- mation, terrorism information, weapons of mass destruction information, or national intel- ligence (as defined in section 3003(5) of title 50) except for any internal security protocols or personnel information of such intelligence com- ponents, or other administrative processes that are administered by any chief security officer of the Department. (b) Information sharing and knowledge manage- ment officers For each intelligence component of the De- partment, the Secretary shall designate an in- formation sharing and knowledge management officer who shall report to the Under Secretary for Intelligence and Analysis regarding coordi- nating the different systems used in the Depart- ment to gather and disseminate homeland secu- rity information or national intelligence (as de- fined in section 3003(5) of title 50). (c) State, local, and private-sector sources of in- formation (1) Establishment of business processes The Secretary, acting through the Under Secretary for Intelligence and Analysis or the Director of the Cybersecurity and Infrastruc- ture Security Agency, as appropriate, shall— (A) establish Department-wide procedures for the review and analysis of information provided by State, local, and tribal govern- ments and the private sector; (B) as appropriate, integrate such informa- tion into the information gathered by the Department and other departments and agencies of the Federal Government; and (C) make available such information, as appropriate, within the Department and to other departments and agencies of the Fed- eral Government. (2) Feedback The Secretary shall develop mechanisms to provide feedback regarding the analysis and utility of information provided by any entity of State, local, or tribal government or the private sector that provides such information to the Department. (d) Training and evaluation of employees (1) Training The Secretary, acting through the Under Secretary for Intelligence and Analysis or the Director of the Cybersecurity and Infrastruc- ture Security Agency, as appropriate, shall provide to employees of the Department op- portunities for training and education to de- velop an understanding of— (A) the definitions of homeland security information and national intelligence (as de- fined in section 3003(5) of title 50); and (B) how information available to such em- ployees as part of their duties— (i) might qualify as homeland security information or national intelligence; and (ii) might be relevant to the Office of In- telligence and Analysis and the intel- ligence components of the Department. (2) Evaluations The Under Secretary for Intelligence and Analysis shall— (A) on an ongoing basis, evaluate how em- ployees of the Office of Intelligence and Analysis and the intelligence components of the Department are utilizing homeland secu- rity information or national intelligence, sharing information within the Department, as described in this subchapter, and partici- pating in the information sharing environ- ment established under section 485 of this title; and (B) provide to the appropriate component heads regular reports regarding the evalua- tions under subparagraph (A). (Pub. L. 107–296, title II, § 204, as added Pub. L. 110–53, title V, § 501(a)(1), Aug. 3, 2007, 121 Stat. 307; amended Pub. L. 115–278, § 2(g)(2)(E), Nov. 16, 2018, 132 Stat. 4177.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (d)(2)(A), was in the original ‘‘this title’’, meaning title II of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Proce- dure, sections 10102 and 10122 of Title 34, Crime Control and Law Enforcement, and section 401a of Title 50, War and National Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Pro- visions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Of- fenses table set out under section 994 of Title 28, Judici- ary and Judicial Procedure. For complete classification of title II to the Code, see Tables. AMENDMENTS 2018—Subsecs. (c)(1), (d)(1). Pub. L. 115–278 substituted ‘‘Director of the Cybersecurity and Infrastructure Se- curity Agency’’ for ‘‘Assistant Secretary for Infrastruc- ture Protection’’ in introductory provisions. Statutory Notes and Related Subsidiaries RECEIPT OF INFORMATION FROM UNITED STATES SECRET SERVICE Pub. L. 110–53, title V, § 502(b), Aug. 3, 2007, 121 Stat. 311, provided that: ‘‘(1) IN GENERAL.—The Under Secretary for Intel- ligence and Analysis shall receive from the United States Secret Service homeland security information, terrorism information, weapons of mass destruction in- formation (as these terms are defined in Section [sic] 1016 of the Intelligence Reform and Terrorism Preven- tion Act of 2004 (6 U.S.C. 485)), or national intelligence, as defined in Section [sic] 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)) [now 50 U.S.C. 3003(5)], as well as suspect information obtained in criminal inves- tigations. The United States Secret Service shall co- operate with the Under Secretary for Intelligence and Analysis with respect to activities under sections 204 and 205 of the Homeland Security Act of 2002 [6 U.S.C. 124a, 124b]. ‘‘(2) SAVINGS CLAUSE.—Nothing in this Act [see Tables for classification] shall interfere with the operation of Section [sic] 3056(g) of Title 18, United States Code, or with the authority of the Secretary of Homeland Secu- rity or the Director of the United States Secret Service regarding the budget of the United States Secret Serv- ice.’’ § 124b. Comprehensive information technology network architecture (a) Establishment The Secretary, acting through the Under Sec- retary for Intelligence and Analysis, shall estab-