6 U.S.C. § 121: Information and Analysis

There shall be in the Department an Office of Intelligence and Analysis. The Office of Intelligence and Analysis shall be headed by an Under Secretary for Intelligence and Analysis, who shall be appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Intelligence and Analysis shall serve as the Chief Intelligence Officer of the Department. The Secretary shall ensure that the responsibilities of the Department relating to information analysis, including those described in subsection (d), are carried out through the Under Secretary for Intelligence and Analysis. identify and assess the nature and scope of terrorist threats to the homeland; detect and identify threats of terrorism against the United States; and understand such threats in light of actual and potential vulnerabilities of the homeland. To carry out comprehensive assessments of the vulnerabilities of the key resources and critical infrastructure of the United States, including the performance of risk assessments to determine the risks posed by particular types of terrorist attacks within the United States (including an assessment of the probability of success of such attacks and the feasibility and potential efficacy of various countermeasures to such attacks). identify priorities for protective and support measures regarding terrorist and other threats to homeland security by the Department, other agencies of the Federal Government, State, 1 and local government agencies and authorities, the private sector, and other entities; and 1 So in original. The comma probably should not appear. prepare finished intelligence and information products in both classified and unclassified formats, as appropriate, whenever reasonably expected to be of benefit to a State, local, or tribal government (including a State, local, or tribal law enforcement agency) or a private sector entity. To ensure, pursuant to section 122 of this title , the timely and efficient access by the Department to all information necessary to discharge the responsibilities under this section, including obtaining such information from other agencies of the Federal Government. To review, analyze, and make recommendations for improvements to the policies and procedures governing the sharing of information within the scope of the information sharing environment established under section 485 of this title , including homeland security information, terrorism information, and weapons of mass destruction information, and any policies, guidelines, procedures, instructions, or standards established under that section. To disseminate, as appropriate, information analyzed by the Department within the Department, to other agencies of the Federal Government with responsibilities relating to homeland security, and to agencies of State and local governments and private sector entities with such responsibilities in order to assist in the deterrence, prevention, preemption of, or response to, terrorist attacks against the United States. To consult with the Director of National Intelligence and other appropriate intelligence, law enforcement, or other elements of the Federal Government to establish collection priorities and strategies for information, including law enforcement-related information, relating to threats of terrorism against the United States through such means as the representation of the Department in discussions regarding requirements and priorities in the collection of such information. To consult with State and local governments and private sector entities to ensure appropriate exchanges of information, including law enforcement-related information, relating to threats of terrorism against the United States. any material received pursuant to this chapter is protected from unauthorized disclosure and handled and used only for the performance of official duties; and any intelligence information under this chapter is shared, retained, and disseminated consistent with the authority of the Director of National Intelligence to protect intelligence sources and methods under the National Security Act of 1947 [ 50 U.S.C. 3001 et seq.] and related procedures and, as appropriate, similar authorities of the Attorney General concerning sensitive law enforcement information. To request additional information from other agencies of the Federal Government, State and local government agencies, and the private sector relating to threats of terrorism in the United States, or relating to other areas of responsibility assigned by the Secretary, including the entry into cooperative agreements through the Secretary to obtain such information. To establish and utilize, in conjunction with the chief information officer of the Department, a secure communications and information technology infrastructure, including data-mining and other advanced analytical tools, in order to access, receive, and analyze data and information in furtherance of the responsibilities under this section, and to disseminate information acquired and analyzed by the Department, as appropriate. are compatible with one another and with relevant information databases of other agencies of the Federal Government; and treat information in such databases in a manner that complies with applicable Federal law on privacy. To coordinate training and other support to the elements and personnel of the Department, other agencies of the Federal Government, and State and local governments that provide information to the Department, or are consumers of information provided by the Department, in order to facilitate the identification and sharing of information revealed in their ordinary duties and the optimal utilization of information received from the Department. To coordinate with elements of the intelligence community and with Federal, State, and local law enforcement agencies, and the private sector, as appropriate. To provide intelligence and information analysis and support to other elements of the Department. To coordinate and enhance integration among the intelligence components of the Department, including through strategic oversight of the intelligence activities of such components. To establish the intelligence collection, processing, analysis, and dissemination priorities, policies, processes, standards, guidelines, and procedures for the intelligence components of the Department, consistent with any directions from the President and, as applicable, the Director of National Intelligence. To establish a structure and process to support the missions and goals of the intelligence components of the Department. produces and disseminates unclassified reports and analytic products based on open-source information; and produces and disseminates such reports and analytic products contemporaneously with reports or analytic products concerning the same or similar information that the Department produced and disseminated in a classified format. To establish within the Office of Intelligence and Analysis an internal continuity of operations plan. to provide to the heads of each intelligence component of the Department guidance for developing the budget pertaining to the activities of such component; and to present to the Secretary a recommendation for a consolidated budget for the intelligence components of the Department, together with any comments from the heads of such components. To perform such other duties relating to such responsibilities as the Secretary may provide. a recommended strategy to protect and prepare the critical infrastructure of the homeland against threats of EMP and GMD; and not less frequently than every two years thereafter for the next six years, updates of the recommended strategy. be based on findings of the research and development conducted under section 195f of this title ; be developed in consultation with the relevant Federal sector-specific agencies (as defined under Presidential Policy Directive-21) for critical infrastructure; be developed in consultation with the relevant sector coordinating councils for critical infrastructure; be informed, to the extent practicable, by the findings of the intelligence-based review and comparison of the risks and consequences of EMP and GMD facing critical infrastructure conducted under subparagraph (A); and be submitted in unclassified form, but may include a classified annex. The Secretary may, if appropriate, incorporate the recommended strategy into a broader recommendation developed by the Department to help protect and prepare critical infrastructure from terrorism, cyber attacks, and other threats if, as incorporated, the recommended strategy complies with subparagraph (B). The Secretary shall provide the Office of Intelligence and Analysis with a staff of analysts having appropriate expertise and experience to assist such offices in discharging responsibilities under this section. Analysts under this subsection may include analysts from the private sector. Analysts under this subsection shall possess security clearances appropriate for their work under this section. In order to assist the Office of Intelligence and Analysis in discharging responsibilities under this section, personnel of the agencies referred to in paragraph (2) may be detailed to the Department for the performance of analytic functions and related duties. The Department of State. The Central Intelligence Agency. The Federal Bureau of Investigation. The National Security Agency. The National Geospatial-Intelligence Agency. The Defense Intelligence Agency. Any other agency of the Federal Government that the President considers appropriate. The Secretary and the head of the agency concerned may enter into cooperative agreements for the purpose of detailing personnel under this subsection. The detail of personnel under this subsection may be on a reimbursable or non-reimbursable basis. The National Infrastructure Protection Center of the Federal Bureau of Investigation (other than the Computer Investigations and Operations Section), including the functions of the Attorney General relating thereto. The National Communications System of the Department of Defense, including the functions of the Secretary of Defense relating thereto. The Critical Infrastructure Assurance Office of the Department of Commerce, including the functions of the Secretary of Commerce relating thereto. The National Infrastructure Simulation and Analysis Center of the Department of Energy and the energy security and assurance program and activities of the Department, including the functions of the Secretary of Energy relating thereto. The Federal Computer Incident Response Center of the General Services Administration, including the functions of the Administrator of General Services relating thereto. The congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives]. The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on Homeland Security of the House of Representatives. with respect to the Overt Human Intelligence Collection Program, an interview for intelligence collection purposes with any individual, including a United States person, who has been criminally charged, arraigned, or taken into the custody of a Federal, State, or local law enforcement agency, but whose guilt with respect to such criminal matters has not yet been adjudicated, unless the Office of Intelligence and Analysis has obtained the consent of the interviewee following consultation with counsel; with respect to either the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program, any collection targeting journalists in the performance of their journalistic functions; and with respect to the Overt Human Intelligence Collection Program, an interview for intelligence collection purposes with a United States person where the Office of Intelligence and Analysis lacks a reasonable belief based on facts and circumstances that the United States person may possess significant foreign intelligence (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )). The term ‘Overt Human Intelligence Collection Program’ means the program established by the Under Secretary of Homeland Security for Intelligence and Analysis pursuant to Policy Instruction 907 of the Office of Intelligence and Analysis, issued on June 29, 2016 , or any successor program. The term ‘Open Source Collection Intelligence Program’ means the program established by the Under Secretary of Homeland Security for Intelligence and Analysis for the purpose of collecting intelligence and information for potential production and reporting in the form of Open Source Information Reports as reflected in Policy Instruction 900 of the Office of Intelligence and Analysis, issued on January 13, 2015 , or any successor program. a United States citizen; an alien known by the Office of Intelligence and Analysis to be a permanent resident alien; an unincorporated association substantially composed of United States citizens or permanent resident aliens; or a corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments. means information that is reasonably likely to identify 1 or more specific United States persons; and may be either a single item of information or information that, when combined with other available information, is reasonably likely to identify one or more specific United States persons. None of the funds authorized to be appropriated by this division [see Tables for classification] may be made available to the Office of Intelligence and Analysis of the Department of Homeland Security to conduct a covered activity. None of the funds authorized to be appropriated by this division may be used by the Office of Intelligence and Analysis of the Department of Homeland Security to increase, above the staffing level in effect on the day before the date of the enactment of this Act [ Dec. 22, 2023 ], the number of personnel assigned to the Open Source Intelligence Division who work exclusively or predominantly on domestic terrorism issues. The Inspector General of the Intelligence Community shall conduct an assessment of the Overt Human Intelligence Collection Program and the Open Source Intelligence Collection Program. Whether the Overt Human Intelligence Collection Program and the Open Source Intelligence Collection Program are legally authorized, and if so, an identification of the legal authorities. Whether, and to what extent, such programs have provided valuable insights on national intelligence priorities and intelligence priorities of the Department of Homeland Security, citing specific examples of such insights at the appropriate classification level. Whether there is sufficient training provided to, and sufficient oversight provided of, personnel of the Office of Intelligence and Analysis of the Department of Homeland Security who conduct intelligence collection under such programs. Whether the responsibilities and requirements for such programs set forth in the relevant policy instructions, intelligence oversight guidelines, and other governing documents or standard operating procedures of the Office of Intelligence and Analysis, particularly as they relate to the obligation to safeguard the privacy, civil liberties, and civil rights of United States persons, are adequate, appropriate, and consistently adhered to by such personnel. Whether such programs raise or have raised legal, ethical, or operational concerns, including concerns relating to the actual or potential violation of any applicable policies or procedures for protecting the constitutional or statutory rights of United States persons. Whether other Federal agencies, such as the Federal Bureau of Investigation, conduct similar programs and, if so, a comparison of any similarities and differences between the respective programs. With respect to non-analytic intelligence reports produced by the Office of Intelligence and Analysis derived in whole or in part from such programs, whether such reports appropriately minimize United States person information and use press reporting in an appropriate manner. With respect to the Open Source Intelligence Collection Program, whether such program is effective at identifying threats directed against the United States, including true threats, incitement to violence, and malign cyber activity. Whether there have been any identified instances in which State, local, territorial, or Tribal government agencies have used, or sought to use, the Office of Intelligence and Analysis as an instrument to introduce political or politicized information into the national intelligence collection and reporting stream. Any other matter the Inspector General of the Intelligence Community determines appropriate. Not later than 120 days after the date of the enactment of this Act [ Dec. 22, 2023 ], the Inspector General of the Intelligence Community shall provide to the appropriate congressional committees a briefing on the preliminary findings and recommendations of the Inspector General with respect to the assessment under paragraph (1). Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the appropriate congressional committees a report containing the findings and recommendations of the Inspector General with respect to the assessment under paragraph (1). The report submitted pursuant to subparagraph (A) shall be submitted under that subparagraph in unclassified form, but may include a classified annex. a description of any new activities, initiatives, or efforts undertaken pursuant to the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program; a description of any new policies, procedures, or guidance concerning the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program; a description of any compliance-related inquiries, investigations, reviews, checks, or audits initiated concerning the Overt Human Intelligence Collection Program or the Open Source Intelligence Collection Program, as well as an update on the outcome or status of any preexisting inquiries, investigations, reviews, checks, or audits concerning these programs; collected by State, local, and Tribal territory governments, the private sector, and other components of the Department of Homeland Security; provided directly or indirectly to the Office; and used in finished intelligence products produced by the Office; and the number of reports and products issued by each program; the number of reports and products issued by type or format of the report or product; the number of reports and products based on information provided by representatives of Federal, foreign or international, State, local, Tribal, territorial, or private sector entities, respectively, and, for each of these subcategories, the number of reports or products based on information provided by known or presumed United States persons; the number of reports and products based on information provided by individuals in administrative custody and, within that number, the number of reports or products based on information provided by known or presumed United States persons; the number of reports and products based on information provided by confidential informants and, within that number, the number of reports or products based on information provided by known or presumed United States persons; the number of reports and products supporting different national or departmental missions and, for each of these subcategories, the number of reports or products based on information provided by known or presumed United States persons; and the number of reports and products identifying United States persons. Nothing in this section shall be construed as limiting or superseding the authority of any official within the Department of Homeland Security to conduct legal, privacy, civil rights, or civil liberties oversight of the intelligence activities of the Office of Intelligence and Analysis. foreign, State, local, Tribal, or territorial governments (or any agency or subdivision thereof); the private sector; or other elements of the Federal government, including the components of the Department of Homeland Security.” develop policies and metrics to ensure effective use by components of the Department of the unclassified Homeland Security Information Network (referred to in this section as ‘HSIN’), or any successor system; and develop policies for posting unclassified products on HSIN, or any successor system. The Chief Information Officer, in consultation with the Chief Intelligence Officer, shall assess and implement, as appropriate, technical enhancements to HSIN to improve usability, including search functionality, data analysis, and collaboration capabilities.” The terms ‘critical electric infrastructure’ and ‘critical electric infrastructure information’ have the meanings given those terms in section 215A of the Federal Power Act [ 16 U.S.C. 824 o –1]. The term ‘Sector-Specific Agency’ has the meaning given that term in the Presidential Policy Directive entitled ‘Critical Infrastructure Security and Resilience’, numbered 21, and dated February 12, 2013 . The Department of Energy shall be the lead Sector-Specific Agency for cybersecurity for the energy sector. coordinating with the Department of Homeland Security and other relevant Federal departments and agencies; critical electric infrastructure owners and operators; and independent regulatory agencies; and State, local, tribal, and territorial entities; serving as a day-to-day Federal interface for the dynamic prioritization and coordination of sector-specific activities; carrying out incident management responsibilities consistent with applicable law (including regulations) and other appropriate policies or directives; providing, supporting, or facilitating technical assistance and consultations for the energy sector to identify vulnerabilities and help mitigate incidents, as appropriate; and supporting the reporting requirements of the Department of Homeland Security under applicable law by providing, on an annual basis, sector-specific critical electric infrastructure information.” strategic planning for the cybersecurity of the United States; mutual support for cybersecurity capabilities development; and synchronization of current operational cybersecurity mission activities. to improve the efficiency and effectiveness of requirements formulation and requests for products, services, and technical assistance for, and coordination and performance assessment of, cybersecurity missions executed across a variety of Department of Defense and Department of Homeland Security elements; and to leverage the expertise of each individual Department and to avoid duplicating, replicating, or aggregating unnecessarily the diverse line organizations across technology developments, operations, and customer support that collectively execute the cybersecurity mission of each Department. The Secretary of Homeland Security shall identify and assign, in coordination with the Department of Defense, a Director of Cybersecurity Coordination within the Department of Homeland Security to undertake collaborative activities with the Department of Defense. The Secretary of Defense shall identify and assign, in coordination with the Department of Homeland Security, one or more officials within the Department of Defense to coordinate, oversee, and execute collaborative activities and the provision of cybersecurity support to the Department of Homeland Security.” Section 1016(j)(1) [now 1016(i)(1)] of the Intelligence Reform and Terrorist [Terrorism] Prevention Act of 2004 ( 6 U.S.C. 485(j)(1) [now 6 U.S.C. 485(i)(1) ]). Section 511(d) of this Act [ 121 Stat. 323 ]. [Former] [s]ubsection (a)(3)(D) of section 2022 of the Homeland Security Act of 2002 [former 6 U.S.C. 612(a)(3)(D) ], as added by section 101 of this Act. Section 7215(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 6 U.S.C. 123(d) ). 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). Section 804(c) of this Act [ 42 U.S.C. 2000ee–3(c) ]. Section 901(b) of this Act [ 121 Stat. 370 ]. Section 1002(a) of this Act [amending this section]. Title III of this Act [enacting sections 579 and 580 of this title and amending sections 194 and 572 of this title].” shall use a management system standards approach; and may be integrated into quality, safety, environmental and other internationally adopted management systems; and enter into one or more agreements with a private sector entity to conduct such demonstrations of security management systems. 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.”