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I-INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

SEC. 201. UNDER SECRETARY FOR INFORMATION ANALYSIS AND INFRASTRUCTURE
PROTECTION.

      In assisting the Secretary with the responsibilities specified in
section 101(b)(2)(A), the primary responsibilities of the Under Secretary
for Information Analysis and Infrastructure Protection shall include-

            (1) receiving and analyzing law enforcement information,
      intelligence, and other information in order to understand the nature
      and scope of the terrorist threat to the American homeland and to
      detect and identify potential threats of terrorism within the United
      States;

            (2) comprehensively assessing the vulnerabilities of the key
      resources and critical infrastructures in the United States;

            (3) integrating relevant information, intelligence analyses, and
      vulnerability assessments (whether such information, analyses, or
      assessments are provided or produced by the Department or others) to
      identify protective priorities and support protective measures by the
      Department, by other executive agencies, by State and local government
      personnel, agencies, and authorities, by the private sector, and by
      other entities;

            (4) developing a comprehensive national plan for securing the
      key resources and critical infrastructures in the United States;

            (5) taking or seeking to effect necessary measures to protect
      the key resources and critical infrastructures in the United States,
      in coordination with other executive agencies and in cooperation with
      State and local government personnel, agencies, and authorities, the
      private sector, and other entities;

            (6) administering the Homeland Security Advisory System,
      exercising primary responsibility for public threat advisories, and
      (in coordination with other executive agencies) providing specific
      warning information to State and local government personnel, agencies,
      and authorities, the private sector, other entities, and the public,
      as well as advice about appropriate protective actions and
      countermeasures; and

            (7) reviewing, analyzing, and making recommendations for
      improvements in the policies and procedures governing the sharing of
      law enforcement, intelligence, and other information relating to
      homeland security within the Federal government and between such
      government and State and local government personnel, agencies, and
      authorities.
[ Analysis ]
SEC. 202. FUNCTIONS TRANSFERRED.

      In accordance with title VIII, there shall be transferred to the
Secretary the functions, personnel, assets, and liabilities of the
following entities-

            (1) 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;

            (2) the National Communications System of the Department of
      Defense, including the functions of the Secretary of Defense relating
      thereto;

            (3) the Critical Infrastructure Assurance Office of the
      Department of Commerce, including the functions of the Secretary of
      Commerce relating thereto;

            (4) the Computer Security Division of the National Institute of
      Standards and Technology, including the functions of the Secretary of
      Commerce relating thereto;

            (5) the National Infrastructure Simulation and Analysis Center
      of the Department of Energy, including the functions of the Secretary
      of Energy relating thereto; and

            (6) the Federal Computer Incident Response Center of the General
      Services Administration, including the functions of the Administrator
      of General Services relating thereto.
[ Analysis ]
SEC. 203. ACCESS TO INFORMATION.

      The Secretary shall have access to all reports, assessments, and
analytical information relating to threats of terrorism in the United
States and to other areas of responsibility described in section 101(b),
and to all information concerning infrastructure or other vulnerabilities
of the United States to terrorism, whether or not such information has been
analyzed, that may be collected, possessed, or prepared by any executive
agency, except as otherwise directed by the President.  The Secretary shall
also have access to other information relating to the foregoing matters
that may be collected, possessed, or prepared by an executive agency, as
the President may further provide.  With respect to the material to which
the Secretary has access under this section-

            (1) the Secretary may obtain such material by request, and may
      enter into cooperative arrangements with other executive agencies to
      share such material on a regular or routine basis, including requests
      or arrangements involving broad categories of material;

            (2) regardless of whether the Secretary has made any request or
      entered into any cooperative arrangement pursuant to paragraph (1),
      all executive agencies promptly shall provide to the Secretary-

                 (A) all reports, assessments, and analytical information
           relating to threats of terrorism in the United States and to
           other areas of responsibility described in section 101(b);

                 (B) all information concerning infrastructure or other
           vulnerabilities of the United States to terrorism, whether or
           not such information has been analyzed;

                 (C) all information relating to significant and credible
           threats of terrorism in the United States, whether or not such
           information has been analyzed, if the President has provided
           that the Secretary shall have access to such information; and

                 (D) such other material as the President may further
           provide; and

            (3) the Secretary shall ensure that any material received
      pursuant to this section is protected from unauthorized disclosure and
      handled and used only for the performance of official duties, and that
      any intelligence information shared under this section shall be
      transmitted, retained, and disseminated consistent with the authority
      of the Director of Central Intelligence to protect intelligence
      sources and methods under the National Security Act and related
      procedures or, as appropriate, similar authorities of the Attorney
      General concerning sensitive law enforcement information.
[ Analysis ]
SEC. 204. INFORMATION VOLUNTARILY PROVIDED.

      Information provided voluntarily by non-Federal entities or
individuals that relates to infrastructure vulnerabilities or other
vulnerabilities to terrorism and is or has been in the possession of the
Department shall not be subject to section 552 of title 5, United States
Code.[ Analysis ]