ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

6 U.S.C. § 664National asset database

submitted 19 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 939 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must maintain a national database of vital or otherwise appropriate systems and assets and a classified list of those posing catastrophic risks. The section sets maintenance, organization, private-sector, reporting, and optional consortium rules.

(a) Establishment. (1) The Secretary must establish and maintain a national database of every system or asset that the Secretary, consulting appropriate State homeland-security officials, finds vital because its loss, interruption, incapacity, or destruction would negatively or severely affect United States, State, or local economic security, public health, or safety, and every other system or asset the Secretary finds appropriate to include. (2) Consistent with Homeland Security Presidential Directive–7 as it existed January 1, 2007, the Secretary must maintain one classified, prioritized list of database systems and assets that would cause national or regional catastrophic effects if destroyed or disrupted. (b) Use. The Secretary must use the database in developing and carrying out Department plans and programs when appropriate. (c) Maintenance. (1) The Secretary must maintain and update the database and list annually. This includes setting data-collection guidelines and giving them to each State’s appropriate homeland-security official; regularly reviewing them with State officials for feedback; allowing a reasonable time for recommended State submissions; examining submissions for inaccurate descriptions or failure to meet the guidelines; and giving each relevant State official a list of those submissions for review and possible correction before final inclusion. (2) The Secretary may organize the database and list as appropriate, but must categorize them by National Infrastructure Protection Plan sectors and by State and county location. (3) The Secretary must identify and evaluate ways, including the Protected Critical Infrastructure Information Program, to obtain relevant private-sector information for generating either the database or list. (4) A Sector Risk Management Agency’s required classification, including its classification level, binds Congress, the Department, and any other federal agency receiving the information. (d) Reports. (1) Within 180 days after August 3, 2007, and annually afterward, the Secretary must report on the database and list to the Senate Homeland Security and Governmental Affairs Committee and House Homeland Security Committee. (2) Each report must include: (A) each listed system or asset’s name, location, and sector; (B) the same information for those the Secretary finds most at risk from terrorism; (C) major difficulties compiling the list or database; (D) major changes since the previous report; (E) when appropriate, how the database or list was used separately or together to allocate federal funds to prevent, reduce, mitigate, or respond to terrorism; (F) the Department’s coordination with private industry to ensure accuracy; and (G) other relevant information the Secretary considers relevant. (3) The report must be unclassified but may have a classified annex. (e) Consortium. The Secretary may create a National Infrastructure Protection Consortium to advise on identifying, generating, organizing, and maintaining the database or list. If created, it may include experienced national laboratories, federal agencies, State and local homeland-security organizations, academic institutions, or national Centers of Excellence, and may advise the Secretary on requests about database or list contents.
the actual law source: uscode.house.gov ↗public domain
(a) Establishment
(1) National asset database

The Secretary shall establish and maintain a national database of each system or asset that—

(A)

the Secretary, in consultation with appropriate homeland security officials of the States, determines to be vital and the loss, interruption, incapacity, or destruction of which would have a negative or debilitating effect on the economic security, public health, or safety of the United States, any State, or any local government; or

(B)

the Secretary determines is appropriate for inclusion in the database.

(2) Prioritized critical infrastructure list

In accordance with Homeland Security Presidential Directive–7, as in effect on January 1, 2007, the Secretary shall establish and maintain a single classified prioritized list of systems and assets included in the database under paragraph (1) that the Secretary determines would, if destroyed or disrupted, cause national or regional catastrophic effects.

(b) Use of database

The Secretary shall use the database established under subsection (a)(1) in the development and implementation of Department plans and programs as appropriate.

(c) Maintenance of database
(1) In general

The Secretary shall maintain and annually update the database established under subsection (a)(1) and the list established under subsection (a)(2), including—

(A)

establishing data collection guidelines and providing such guidelines to the appropriate homeland security official of each State;

(B)

regularly reviewing the guidelines established under subparagraph (A), including by consulting with the appropriate homeland security officials of States, to solicit feedback about the guidelines, as appropriate;

(C)

after providing the homeland security official of a State with the guidelines under subparagraph (A), allowing the official a reasonable amount of time to submit to the Secretary any data submissions recommended by the official for inclusion in the database established under subsection (a)(1);

(D)

examining the contents and identifying any submissions made by such an official that are described incorrectly or that do not meet the guidelines established under subparagraph (A); and

(E)

providing to the appropriate homeland security official of each relevant State a list of submissions identified under subparagraph (D) for review and possible correction before the Secretary finalizes the decision of which submissions will be included in the database established under subsection (a)(1).

(2) Organization of information in database

The Secretary shall organize the contents of the database established under subsection (a)(1) and the list established under subsection (a)(2) as the Secretary determines is appropriate. Any organizational structure of such contents shall include the categorization of the contents—

(A)

according to the sectors listed in National Infrastructure Protection Plan developed pursuant to Homeland Security Presidential Directive–7; and

(B)

by the State and county of their location.

(3) Private sector integration

The Secretary shall identify and evaluate methods, including the Department’s Protected Critical Infrastructure Information Program, to acquire relevant private sector information for the purpose of using that information to generate any database or list, including the database established under subsection (a)(1) and the list established under subsection (a)(2).

(4) Retention of classification

The classification of information required to be provided to Congress, the Department, or any other department or agency under this section by a Sector Risk Management Agency, including the assignment of a level of classification of such information, shall be binding on Congress, the Department, and that other Federal agency.

(d) Reports
(1) Report required

Not later than 180 days after August 3, 2007, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the database established under subsection (a)(1) and the list established under subsection (a)(2).

(2) Contents of report

Each such report shall include the following:

(A)

The name, location, and sector classification of each of the systems and assets on the list established under subsection (a)(2).

(B)

The name, location, and sector classification of each of the systems and assets on such list that are determined by the Secretary to be most at risk to terrorism.

(C)

Any significant challenges in compiling the list of the systems and assets included on such list or in the database established under subsection (a)(1).

(D)

Any significant changes from the preceding report in the systems and assets included on such list or in such database.

(E)

If appropriate, the extent to which such database and such list have been used, individually or jointly, for allocating funds by the Federal Government to prevent, reduce, mitigate, or respond to acts of terrorism.

(F)

The amount of coordination between the Department and the private sector, through any entity of the Department that meets with representatives of private sector industries for purposes of such coordination, for the purpose of ensuring the accuracy of such database and such list.

(G)

Any other information the Secretary deems relevant.

(3) Classified information

The report shall be submitted in unclassified form but may contain a classified annex.

(e) National Infrastructure Protection Consortium

The Secretary may establish a consortium to be known as the “National Infrastructure Protection Consortium”. The Consortium may advise the Secretary on the best way to identify, generate, organize, and maintain any database or list of systems and assets established by the Secretary, including the database established under subsection (a)(1) and the list established under subsection (a)(2). If the Secretary establishes the National Infrastructure Protection Consortium, the Consortium may—

(1)

be composed of national laboratories, Federal agencies, State and local homeland security organizations, academic institutions, or national Centers of Excellence that have demonstrated experience working with and identifying critical infrastructure and key resources; and

(2)

provide input to the Secretary on any request pertaining to the contents of such database or such list.

Source credit: (Pub. L. 107–296, title XXII, § 2214, formerly title II, § 210E, as added Pub. L. 110–53, title X, § 1001(a), Aug. 3, 2007, 121 Stat. 372; renumbered title XXII, § 2214, and amended Pub. L. 115–278, § 2(g)(2)(G), (9)(A)(viii), Nov. 16, 2018, 132 Stat. 4178, 4181; Pub. L. 116–283, div. H, title XC, § 9002(c)(2)(E), Jan. 1, 2021, 134 Stat. 4773.)

history & why it existsrecord from the source credit
  • 2007Enacted · Pub. L. 107-296 · 121 Stat. 372
  • 2018Amended · Pub. L. 115-278 · 132 Stat. 4178, 4181
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4773

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2007-08-03.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case