6 USC 121 Note: Chemical-terrorism Vulnerability Information (CVI)

            
 
          
Source
(Pub. L. 107–296, title II, § 201, Nov. 25, 2002, 116 Stat. 2145; Pub.
L. 110–53, title V, §§ 501(a)(2)(A), (b), 531 (a), title X, § 1002(a),
Aug. 3, 2007, 121 Stat. 309, 332, 374; Pub. L. 110–417, [div. A], title
IX, § 931(b)(5), Oct. 14, 2008, 122 Stat. 4575; Pub. L. 111–84, div. A,
title X, § 1073(c)(9), Oct. 28, 2009, 123 Stat. 2475.)
References in Text

This chapter, referred to in subsec. (d)(11), was in the original “this
Act”, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as
the Homeland Security 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.
The National Security Act of 1947, referred to in subsec. (d)(11)(B), is
act July 26, 1947, ch. 343, 61 Stat. 495, as amended. For complete
classification of this Act to the Code, see Short Title note set out
under section 401 of Title 50, War and National Defense, and Tables.
Codification

Section is comprised of section 201 of Pub. L. 107–296. Subsec. (h) of
section 201 of Pub. L. 107–296 amended section 401a of Title 50, War and
National Defense.
Amendments

2009—Subsec. (f)(2)(E). Pub. L. 111–84 made technical amendment to
directory language of Pub. L. 110–417. See 2008 amendment note below.
2008—Subsec. (f)(2)(E). Pub. L. 110–417, § 931(b)(5), as amended by Pub.
L. 111–84, substituted “National Geospatial-Intelligence Agency” for
“National Imagery and Mapping Agency”.
2007—Pub. L. 110–53, § 531(a)(1), substituted “Information and” for
“Directorate for Information” in section catchline.
Subsecs. (a) to (c). Pub. L. 110–53, § 531(a)(2), added subsecs. (a) to
(c) and struck out former subsecs. (a) to (c) which related to, in
subsec. (a), establishment and responsibilities of Directorate for
Information Analysis and Infrastructure Protection, in subsec. (b),
positions of Assistant Secretary for Information Analysis and Assistant
Secretary for Infrastructure Protection, and, in subsec. (c),
Secretary’s duty to ensure that responsibilities regarding information
analysis and infrastructure protection would be carried out through the
Under Secretary for Information Analysis and Infrastructure Protection.
Subsec. (d). Pub. L. 110–53, § 531(a)(3), substituted “Secretary
relating to intelligence and analysis and infrastructure protection” for
“Under Secretary” in heading and “The responsibilities of the Secretary
relating to intelligence and analysis and infrastructure protection” for
“Subject to the direction and control of the Secretary, the
responsibilities of the Under Secretary for Information Analysis and
Infrastructure Protection” in introductory provisions.
Subsec. (d)(1). Pub. L. 110–53, § 501(b)(1), inserted “, in support of
the mission responsibilities of the Department and the functions of the
National Counterterrorism Center established under section 119 of the
National Security Act of 1947 (50 U.S.C. 404o),” after “to integrate
such information” in introductory provisions.
Subsec. (d)(7). Pub. L. 110–53, § 501(b)(2), added par. (7) and struck
out former par. (7) which read as follows: “To review, analyze, and make
recommendations for improvements in the policies and procedures
governing the sharing of law enforcement information, intelligence
information, intelligence-related information, and other information
relating to homeland security within the Federal Government and between
the Federal Government and State and local government agencies and
authorities.”
Pub. L. 110–53, § 501(a)(2)(A), redesignated par. (8) as (7) and struck
out former par. (7) which read as follows: “To administer the Homeland
Security Advisory 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 appropriate
protective measures and countermeasures, to State and local government
agencies and authorities, the private sector, other entities, and the
public.”
Subsec. (d)(8). Pub. L. 110–53, § 501(a)(2)(A)(ii), redesignated par.
(9) as (8). Former par. (8) redesignated (7).
Subsec. (d)(9). Pub. L. 110–53, § 531(a)(3)(C), substituted “Director of
National Intelligence” for “Director of Central Intelligence”.
Pub. L. 110–53, § 501(a)(2)(A)(ii), redesignated par. (10) as (9).
Former par. (9) redesignated (8).
Subsec. (d)(10). Pub. L. 110–53, § 501(a)(2)(A)(ii), redesignated par.
(11) as (10). Former par. (10) redesignated (9).
Subsec. (d)(11). Pub. L. 110–53, § 501(a)(2)(A)(ii), redesignated par.
(12) as (11). Former par. (11) redesignated (10).
Subsec. (d)(11)(B). Pub. L. 110–53, § 531(a)(3)(D), substituted
“Director of National Intelligence” for “Director of Central
Intelligence”.
Subsec. (d)(12) to (17). Pub. L. 110–53, § 501(a)(2)(A)(ii),
redesignated pars. (13) to (18) as (12) to (17), respectively. Former
par. (12) redesignated (11).
Subsec. (d)(18). Pub. L. 110–53, § 531(a)(3)(E), (F), added par. (18)
and redesignated former par. (18) as (24).
Pub. L. 110–53, § 501(a)(2)(A)(ii), redesignated par. (19) as (18).
Former par. (18) redesignated (17).
Subsec. (d)(19). Pub. L. 110–53, § 531(a)(3)(F), added par. (19).
Pub. L. 110–53, § 501(a)(2)(A)(ii), redesignated par. (19) as (18).
Subsec. (d)(20) to (23). Pub. L. 110–53, § 531(a)(3)(F), added pars.
(20) to (23).
Subsec. (d)(24). Pub. L. 110–53, § 531(a)(3)(E), redesignated par. (18)
as (24).
Subsec. (d)(25). Pub. L. 110–53, § 1002(a), added par. (25).
Subsec. (e)(1). Pub. L. 110–53, § 531(a)(4), substituted “provide the
Office of Intelligence and Analysis and the Office of Infrastructure
Protection” for “provide the Directorate” and “assist such offices in
discharging” for “assist the Directorate in discharging”.
Subsec. (f)(1). Pub. L. 110–53, § 531(a)(5), substituted “Office of
Intelligence and Analysis and the Office of Infrastructure Protection”
for “Directorate”.
Subsec. (g). Pub. L. 110–53, § 531(a)(6), substituted “Office of
Intelligence and Analysis and the Office of Infrastructure Protection”
for “Under Secretary for Information Analysis and Infrastructure
Protection” in introductory provisions.
Effective Date of 2009 Amendment

Pub. L. 111–84, div. A, title X, § 1073(c), Oct. 28, 2009, 123 Stat.
2474, provided that the amendment by section 1073 (c)(9) is effective as
of Oct. 14, 2008, and as if included in Pub. L. 110–417 as enacted.
Regulations

Pub. L. 109–295, title V, § 550, Oct. 4, 2006, 120 Stat. 1388, as
amended by Pub. L. 110–161, div. E, title V, § 534, Dec. 26, 2007, 121
Stat. 2075; Pub. L. 111–83, title V, § 550, Oct. 28, 2009, 123 Stat.
2177, provided that:
“(a) No later than six months after the date of enactment of this Act
[Oct. 4, 2006], the Secretary of Homeland Security shall issue interim
final regulations establishing risk-based performance standards for
security of chemical facilities and requiring vulnerability assessments
and the development and implementation of site security plans for
chemical facilities: Provided, That such regulations shall apply to
chemical facilities that, in the discretion of the Secretary, present
high levels of security risk: Provided further, That such regulations
shall permit each such facility, in developing and implementing site
security plans, to select layered security measures that, in
combination, appropriately address the vulnerability assessment and the
risk-based performance standards for security for the facility: Provided
further, That the Secretary may not disapprove a site security plan
submitted under this section based on the presence or absence of a
particular security measure, but the Secretary may disapprove a site
security plan if the plan fails to satisfy the risk-based performance
standards established by this section: Provided further, That the
Secretary may approve alternative security programs established by
private sector entities, Federal, State, or local authorities, or other
applicable laws if the Secretary determines that the requirements of
such programs meet the requirements of this section and the interim
regulations: Provided further, That the Secretary shall review and
approve each vulnerability assessment and site security plan required
under this section: Provided further, That the Secretary shall not apply
regulations issued pursuant to this section to facilities regulated
pursuant to the Maritime Transportation Security Act of 2002, Public Law
107–295, as amended [see Tables for classification]; Public Water
Systems, as defined by section 1401 of the Safe Drinking Water Act,
Public Law 93–523, as amended [42 U.S.C. 300f]; Treatment Works as
defined in section 212 of the Federal Water Pollution Control Act,
Public Law 92–500, as amended [33 U.S.C. 1292]; any facility owned or
operated by the Department of Defense or the Department of Energy, or
any facility subject to regulation by the Nuclear Regulatory Commission.
“(b) Interim regulations issued under this section shall apply until the
effective date of interim or final regulations promulgated under other
laws that establish requirements and standards referred to in subsection
(a) and expressly supersede this section: Provided, That the authority
provided by this section shall terminate on October 4, 2010.
“(c) Notwithstanding any other provision of law and subsection (b),
information developed under this section, including vulnerability
assessments, site security plans, and other security related
information, records, and documents shall be given protections from
public disclosure consistent with similar information developed by
chemical facilities subject to regulation under section 70103 of title
46, United States Code: Provided, That this subsection does not prohibit
the sharing of such information, as the Secretary deems appropriate,
with State and local government officials possessing the necessary
security clearances, including law enforcement officials and first
responders, for the purpose of carrying out this section, provided that
such information may not be disclosed pursuant to any State or local
law: Provided further, That in any proceeding to enforce this section,
vulnerability assessments, site security plans, and other information
submitted to or obtained by the Secretary under this section, and
related vulnerability or security information, shall be treated as if
the information were classified material.
“(d) Any person who violates an order issued under this section shall be
liable for a civil penalty under section 70119 (a) of title 46, United
States Code: Provided, That nothing in this section confers upon any
person except the Secretary a right of action against an owner or
operator of a chemical facility to enforce any provision of this
section.
“(e) The Secretary of Homeland Security shall audit and inspect chemical
facilities for the purposes of determining compliance with the
regulations issued pursuant to this section.
“(f) Nothing in this section shall be construed to supersede, amend,
alter, or affect any Federal law that regulates the manufacture,
distribution in commerce, use, sale, other treatment, or disposal of
chemical substances or mixtures.
“(g) If the Secretary determines that a chemical facility is not in
compliance with this section, the Secretary shall provide the owner or
operator with written notification (including a clear explanation of
deficiencies in the vulnerability assessment and site security plan) and
opportunity for consultation, and issue an order to comply by such date
as the Secretary determines to be appropriate under the circumstances:
Provided, That if the owner or operator continues to be in
noncompliance, the Secretary may issue an order for the facility to
cease operation, until the owner or operator complies with the order.
“(h) This section shall not preclude or deny any right of any State or
political subdivision thereof to adopt or enforce any regulation,
requirement, or standard of performance with respect to chemical
facility security that is more stringent than a regulation, requirement,
or standard of performance issued under this section, or otherwise
impair any right or jurisdiction of any State with respect to chemical
facilities within that State, unless there is an actual conflict between
this section and the law of that State.”
Treatment of Incumbent Under Secretary for Intelligence and Analysis

Pub. L. 110–53, title V, § 531(c), Aug. 3, 2007, 121 Stat. 335, provided
that: “The individual administratively performing the duties of the
Under Secretary for Intelligence and Analysis as of the date of the
enactment of this Act [Aug. 3, 2007] may continue to perform such duties
after the date on which the President nominates an individual to serve
as the Under Secretary pursuant to section 201 of the Homeland Security
Act of 2002 [6 U.S.C. 121], as amended by this section, and until the
individual so appointed assumes the duties of the position.”
Reports To Be Submitted to Certain Committees

Pub. L. 110–53, title XXIV, § 2403, Aug. 3, 2007, 121 Stat. 547,
provided that: “The Committee on Commerce, Science, and Transportation
of the Senate shall receive the reports required by the following
provisions of law in the same manner and to the same extent that the
reports are to be received by the Committee on Homeland Security and
Governmental Affairs of the Senate:
“(1) Section 1016(j)(1) of the Intelligence Reform and Terrorist
[Terrorism] Prevention Act of 2004 (6 U.S.C. 485 (j)(1)).
“(2) Section 511(d) of this Act [121 Stat. 323].
“(3) Subsection (a)(3)(D) of section 2022 of the Homeland Security Act
of 2002 [6 U.S.C. 612 (a)(3)(D)], as added by section 101 of this Act.
“(4) Section 7215(d) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 123 (d)).
“(5) Section 7209(b)(1)(C) of the Intelligence Reform and Terrorism
Prevention Act of 2004 [Pub. L. 108–458] (8 U.S.C. 1185 note ).
“(6) Section 804(c) of this Act [42 U.S.C. 2000ee–3 (c)].
“(7) Section 901(b) of this Act [121 Stat. 370].
“(8) Section 1002(a) of this Act [amending this section].
“(9) Title III of this Act [enacting sections 579 and 580 of this title
and amending sections 194 and 572 of this title].”
Security Management Systems Demonstration Project

Pub. L. 110–53, title XXIV, § 2404, Aug. 3, 2007, 121 Stat. 548,
provided that:
“(a) Demonstration Project Required.—Not later than 120 days after the
date of enactment of this Act [Aug. 3, 2007], the Secretary of Homeland
Security shall—
“(1) establish a demonstration project to conduct demonstrations of
security management systems that—
“(A) shall use a management system standards approach; and
“(B) may be integrated into quality, safety, environmental and other
internationally adopted management systems; and
“(2) enter into one or more agreements with a private sector entity to
conduct such demonstrations of security management systems.
“(b) Security Management System Defined.—In this section, the term
‘security management system’ means a set of guidelines that address the
security assessment needs of critical infrastructure and key resources
that are consistent with a set of generally accepted management
standards ratified and adopted by a standards making body.”
Ex. Ord. No. 13231. Critical Infrastructure Protection in the
Information Age

Ex. Ord. No. 13231, Oct. 16, 2001, 66 F.R. 53063, as amended by Ex. Ord.
No. 13284, § 2, Jan. 23, 2003, 68 F.R. 4075; Ex. Ord. No. 13286, § 7,
Feb. 28, 2003, 68 F.R. 10620; Ex. Ord. No. 13385, § 5, Sept. 29, 2005,
70 F.R. 57990, provided:
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to ensure protection
of information systems for critical infrastructure, including emergency
preparedness communications and the physical assets that support such
systems, in the information age, it is hereby ordered as follows:
Section 1. Policy. The information technology revolution has changed the
way business is transacted, government operates, and national defense is
conducted. Those three functions now depend on an interdependent network
of critical information infrastructures. It is the policy of the United
States to protect against disruption of the operation of information
systems for critical infrastructure and thereby help to protect the
people, economy, essential human and government services, and national
security of the United States, and to ensure that any disruptions that
occur are infrequent, of minimal duration, and manageable, and cause the
least damage possible. The implementation of this policy shall include a
voluntary public-private partnership, involving corporate and
nongovernmental organizations.
Sec. 2. Continuing Authorities. This order does not alter the existing
authorities or roles of United States Government departments and
agencies. Authorities set forth in 44 U.S.C. chapter 35, and other
applicable law, provide senior officials with responsibility for the
security of Federal Government information systems.
(a) Executive Branch Information Systems Security. The Director of the
Office of Management and Budget (OMB) has the responsibility to develop
and oversee the implementation of government-wide policies, principles,
standards, and guidelines for the security of information systems that
support the executive branch departments and agencies, except those
noted in section 2(b) of this order. The Director of OMB shall advise
the President and the appropriate department or agency head when there
is a critical deficiency in the security practices within the purview of
this section in an executive branch department or agency.
(b) National Security Information Systems. The Secretary of Defense and
the Director of Central Intelligence (DCI) shall have responsibility to
oversee, develop, and ensure implementation of policies, principles,
standards, and guidelines for the security of information systems that
support the operations under their respective control. In consultation
with the Assistant to the President for National Security Affairs and
the affected departments and agencies, the Secretary of Defense and the
DCI shall develop policies, principles, standards, and guidelines for
the security of national security information systems that support the
operations of other executive branch departments and agencies with
national security information.
(i) Policies, principles, standards, and guidelines developed under this
subsection may require more stringent protection than those developed in
accordance with section 2(a) of this order.
(ii) The Assistant to the President for National Security Affairs shall
advise the President and the appropriate department or agency when there
is a critical deficiency in the security practices of a department or
agency within the purview of this section.
(iii) National Security Systems. The National Security
Telecommunications and Information Systems Security Committee, as
established by and consistent with NSD–42 and chaired by the Department
of Defense, shall be designated as the “Committee on National Security
Systems.”
(c) Additional Responsibilities. The heads of executive branch
departments and agencies are responsible and accountable for providing
and maintaining adequate levels of security for information systems,
including emergency preparedness communications systems, for programs
under their control. Heads of such departments and agencies shall ensure
the development and, within available appropriations, funding of
programs that adequately address these mission systems, especially those
critical systems that support the national security and other essential
government programs. Additionally, security should enable, and not
unnecessarily impede, department and agency business operations.
Sec. 3. The National Infrastructure Advisory Council. The National
Infrastructure Advisory Council (NIAC), established on October 16, 2001,
shall provide the President through the Secretary of Homeland Security
with advice on the security of the critical infrastructure sectors and
their information systems.
(a) Membership. The NIAC shall be composed of not more than 30 members
appointed by the President, taking appropriate account of the benefits
of having members (i) from the private sector, including but not limited
to banking and finance, transportation, energy, communications, and
emergency services organizations and institutions of higher learning,
and State, local, and tribal governments, (ii) with senior leadership
responsibilities for the reliability and availability, which include
security, of the critical infrastructure and key resource sectors, (iii)
with expertise relevant to the functions of the NIAC, and (iv) with
experience equivalent to that of a chief executive of an organization.
Unless otherwise determined by the President, no full-time officer or
employee of the executive branch shall be appointed to serve as a member
of the NIAC. The President shall designate from among the members of the
NIAC a Chair and a Vice Chair, who shall perform the functions of the
Chair if the Chair is absent, disabled, or in the instance of a vacancy
in the Chair.
(b) Functions of the NIAC. The NIAC shall meet periodically to:
(i) enhance the partnership of the public and private sectors in
protecting critical infrastructures and their information systems and
provide reports on this issue to the President through the Secretary of
Homeland Security, as appropriate;
(ii) propose and develop ways to encourage private industry to perform
periodic risk assessments;
(iii) monitor the development and operations of private sector
coordinating councils and their information sharing mechanisms and
provide recommendations to the President through the Secretary of
Homeland Security on how these organizations can best foster improved
cooperation among the sectors, the Department of Homeland Security, and
other Federal Government entities;
(iv) report to the President through the Secretary of Homeland Security,
who shall ensure appropriate coordination with the Assistant to the
President for Homeland Security and Counterterrorism, the Assistant to
the President for Economic Policy, and the Assistant to the President
for National Security Affairs under the terms of this order; and
(v) advise sector specific agencies with critical infrastructure
responsibilities to include issues pertaining to sector and government
coordinating councils and their information sharing mechanisms.
(c) Administration of the NIAC.
(i) The NIAC may hold hearings, conduct inquiries, and establish
subcommittees, as appropriate.
(ii) Upon request of the Chair, and to the extent permitted by law, the
heads of the executive departments and agencies shall provide the NIAC
with information and advice relating to its functions.
(iii) Senior Federal Government officials may participate in the
meetings of the NIAC, as appropriate.
(iv) Members shall serve without compensation for their work on the
NIAC. However, members may be reimbursed for travel expenses, including
per diem in lieu of subsistence, as authorized by law for persons
serving intermittently in Federal Government service (5 U.S.C.
5701–5707).
(v) To the extent permitted by law and subject to the availability of
appropriations, the Department of Homeland Security shall provide the
NIAC with administrative services, staff, and other support services,
and such funds as may be necessary for the performance of the NIAC’s
functions.
Sec. 4. Judicial Review. This order does not create any right or
benefit, substantive or procedural, enforceable 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.
Extension of Term of National Infrastructure Advisory Council

Term of the National Infrastructure Advisory Council extended until
Sept. 30, 2005, by Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255,
formerly set out as a note under section 14 of the Federal Advisory
Committee Act in the Appendix to Title 5, Government Organizations and
Employees.
Term of the National Infrastructure Advisory Council extended until
Sept. 30, 2007, by Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989,
formerly set out as a note under section 14 of the Federal Advisory
Committee Act in the Appendix to Title 5.
Term of the National Infrastructure Advisory Council extended until
Sept. 30, 2009, by Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175,
formerly set out as a note under section 14 of the Federal Advisory
Committee Act in the Appendix to Title 5.
Term of the National Infrastructure Advisory Council extended until
Sept. 30, 2011, by Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909,
set out as a note under section 14 of the Federal Advisory Committee Act
in the Appendix to Title 5.
Ex. Ord. No. 13284. Amendment of Executive Orders, and Other Actions, in
Connection With the Establishment of the Department of Homeland Security

Ex. Ord. No. 13284, Jan. 23, 2003, 68 F.R. 4075, provided:
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Homeland Security
Act of 2002 (Public Law 107–296) [see Tables for classification], and
the National Security Act of 1947, as amended (50 U.S.C. 401 et seq.),
and in order to reflect responsibilities vested in the Secretary of
Homeland Security and take other actions in connection with the
establishment of the Department of Homeland Security, it is hereby
ordered as follows:
Section 1. [Amended Ex. Ord. No. 13234.]
Sec. 2. [Amended Ex. Ord. No. 13231, set out above.]
Sec. 3. Executive Order 13228 of October 8, 2001 (“Establishing the
Office of Homeland Security and the Homeland Security Council”) [50
U.S.C. 402 note ], is amended by inserting “the Secretary of Homeland
Security,” after “the Secretary of Transportation,” in section 5 (b).
Further, during the period from January 24, 2003, until March 1, 2003,
the Secretary of Homeland Security shall have the responsibility for
coordinating the domestic response efforts otherwise assigned to the
Assistant to the President for Homeland Security pursuant to section
3(g) of Executive Order 13228.
Sec. 4. [Amended Ex. Ord. No. 13224, listed in a table under section
1701 of Title 50, War and National Defense.]
Sec. 5. [Amended Ex. Ord. No. 13151, set out as a note under section
5195 of Title 42, The Public Health and Welfare.]
Sec. 6. [Amended Ex. Ord. No. 13122, set out as a note under section
3121 of Title 42, The Public Health and Welfare.]
Sec. 7. [Amended Ex. Ord. No. 13048, set out as a note under section 501
of Title 31, Money and Finance.]
Sec. 8. [Amended Ex. Ord. No. 12992, set out as a note under section
1708 of Title 21, Food and Drugs.]
Sec. 9. [Amended Ex. Ord. No. 12881, set out as a note under section
6601 of Title 42, The Public Health and Welfare.]
Sec. 10. [Amended Ex. Ord. No. 12859, set out as a note preceding
section 101 of Title 3, The President.]
Sec. 11. [Amended Ex. Ord. No. 12590, set out as a note under former
section 1201 of Title 21, Food and Drugs.]
Sec. 12. [Amended Ex. Ord. No. 12260, set out as a note under section
2511 of Title 19, Customs Duties.]
Sec. 13. [Amended Ex. Ord. No. 11958, set out as a note under section
2751 of Title 22, Foreign Relations and Intercourse.]
Sec. 14. [Amended Ex. Ord. No. 11423, set out as a note under section
301 of Title 3, The President.]
Sec. 15. [Amended Ex. Ord. No. 10865, set out as a note under section
435 of Title 50, War and National Defense.]
Sec. 16. [Amended Ex. Ord. No. 13011, set out as a note under section
11101 of Title 40, Public Buildings, Property, and Works.]
Sec. 17. Those elements of the Department of Homeland Security that are
supervised by the Department’s Under Secretary for Information Analysis
and Infrastructure Protection through the Department’s Assistant
Secretary for Information Analysis, with the exception of those
functions that involve no analysis of foreign intelligence information,
are designated as elements of the Intelligence Community under section
201(h) of the Homeland Security Act of 2002 [Pub. L. 107–296, amending
50 U.S.C. 401a] and section 3(4) of the National Security Act of 1947,
as amended (50 U.S.C. 401a[(4)]).
Sec. 18. [Amended Ex. Ord. No. 12333, set out as a note under section
401 of title 50, War and National Defense.]
Sec. 19. Functions of Certain Officials in the Department of Homeland
Security.
The Secretary of Homeland Security, the Deputy Secretary of Homeland
Security, the Under Secretary for Information Analysis and
Infrastructure Protection, Department of Homeland Security, and the
Assistant Secretary for Information Analysis, Department of Homeland
Security, each shall be considered a “Senior Official of the
Intelligence Community” for purposes of Executive Order 12333 [50 U.S.C.
401 note ], and all other relevant authorities, and shall:
(a) recognize and give effect to all current clearances for access to
classified information held by those who become employees of the
Department of Homeland Security by operation of law pursuant to the
Homeland Security Act of 2002 or by Presidential appointment;
(b) recognize and give effect to all current clearances for access to
classified information held by those in the private sector with whom
employees of the Department of Homeland Security may seek to interact in
the discharge of their homeland security-related responsibilities;
(c) make all clearance and access determinations pursuant to Executive
Order 12968 of August 2, 1995 [50 U.S.C. 435 note ], or any successor
Executive Order, as to employees of, and applicants for employment in,
the Department of Homeland Security who do not then hold a current
clearance for access to classified information; and
(d) ensure all clearance and access determinations for those in the
private sector with whom employees of the Department of Homeland
Security may seek to interact in the discharge of their homeland
security-related responsibilities are made in accordance with Executive
Order 12829 of January 6, 1993 [50 U.S.C. 435 note ].
Sec. 20. Pursuant to the provisions of section 1.4 of Executive Order
12958 of April 17, 1995 (“Classified National Security Information”) [50
U.S.C. 435 note ], I hereby authorize the Secretary of Homeland Security
to classify information originally as “Top Secret.” Any delegation of
this authority shall be in accordance with section 1.4 of that order or
any successor Executive Orders.
Sec. 21. This order shall become effective on January 24, 2003.
Sec. 22. This order does not create any right or benefit, substantive or
procedural, enforceable at law or equity, against the United States, its
departments, agencies, or other entities, its officers or employees, or
any other person.
George W. Bush.