Pub. L. 110-53, tit. V, subtit. D, sec. 531
OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF INFRASTRUCTURE PROTECTION.
SEC. 531. OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF INFRASTRUCTURE PROTECTION.(a) In General.—Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 201) is amended—(1) in the section heading, by striking “directorate for information” and inserting “information and”;(2) by striking subsections (a) through (c) and inserting the following:“(a) Intelligence and Analysis and Infrastructure Protection.—There shall be in the Department an Office of Intelligence and Analysis and an Office of Infrastructure Protection.“(b) Under Secretary for Intelligence and Analysis and Assistant Secretary for Infrastructure Protection.—“(1) 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.“(2) Chief intelligence officer.—The Under Secretary for Intelligence and Analysis shall serve as the Chief Intelligence Officer of the Department.“(3) Office of infrastructure protection.—The Office of Infrastructure Protection shall be headed by an Assistant Secretary for Infrastructure Protection, who shall be appointed by the President.“(c) Discharge of Responsibilities.—The Secretary shall ensure that the responsibilities of the Department relating to information analysis and infrastructure protection, including those described in subsection (d), are carried out through the Under Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate.”;121 STAT. 333(3) in subsection (d)—(A) in the subsection heading, by striking “Under Secretary” and inserting “Secretary Relating To Intelligence and Analysis and Infrastructure Protection”;(B) in the matter preceding paragraph (1), by striking “Subject to the direction” and all that follows through “Infrastructure Protection” and inserting the following: “The responsibilities of the Secretary relating to intelligence and analysis and infrastructure protection”;(C) in paragraph (9), as redesignated under section 510(a)(2)(A)(ii), by striking “Director of Central Intelligence” and inserting “Director of National Intelligence”;(D) in paragraph (11)(B), as so redesignated, by striking “Director of Central Intelligence” and inserting “Director of National Intelligence”;(E) by redesignating paragraph (18), as so redesignated, as paragraph (24); and(F) by inserting after paragraph (17), as so redesignated, the following:“(18) To coordinate and enhance integration among the intelligence components of the Department, including through strategic oversight of the intelligence activities of such components.“(19) 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.“(20) To establish a structure and process to support the missions and goals of the intelligence components of the Department.“(21) To ensure that, whenever possible, the Department—“(A) produces and disseminates unclassified reports and analytic products based on open-source information; and“(B) 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.“(22) To establish within the Office of Intelligence and Analysis an internal continuity of operations plan.“(23) Based on intelligence priorities set by the President, and guidance from the Secretary and, as appropriate, the Director of National Intelligence—“(A) 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“(B) 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.”;(4) in subsection (e)(1)—(A) by striking “Directorate” the first place that term appears and inserting “Office of Intelligence and Analysis and the Office of Infrastructure Protection”; and121 STAT. 334(B) by striking “the Directorate in discharging” and inserting “such offices in discharging”;(5) in subsection (f)(1), by striking “Directorate” and inserting “Office of Intelligence and Analysis and the Office of Infrastructure Protection”; and(6) In subsection (g), in the matter preceding paragraph (1), by striking “Under Secretary for Information Analysis and Infrastructure Protection” and inserting “Office of Intelligence and Analysis and the Office of Infrastructure Protection”.(b) Technical and Conforming Amendments.—(1) In general.—Such Act is further amended—(A) in section 223, by striking “Under Secretary for Information Analysis and Infrastructure Protection” and inserting “Under Secretary for Intelligence and Analysis, in cooperation with the Assistant Secretary for Infrastructure Protection”;(B) in section 224, by striking “Under Secretary for Information Analysis and Infrastructure Protection” and inserting “Assistant Secretary for Infrastructure Protection”;(C) in section 302(3), by striking “Under Secretary for Information Analysis and Infrastructure Protection” and inserting “Under Secretary for Intelligence and Analysis and the Assistant Secretary for Infrastructure Protection”; and(D) in section 521(d)—(i) in paragraph (1), by striking “Directorate for Information Analysis and Infrastructure Protection” and inserting “Office of Intelligence and Analysis”; and(ii) in paragraph (2), by striking “Under Secretary for Information Analysis and Infrastructure Protection” and inserting “Under Secretary for Intelligence and Analysis”.(2) Additional under secretary.—Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended—(A) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and(B) by inserting after paragraph (7) the following:“(8) An Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department.”.(3) Heading.—Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended in the subtitle heading by striking “Directorate for Information” and inserting “Information and”.(4) Table of contents.—The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended in the table of contents in section 1(b) by striking the items relating to subtitle A of title II and section 201 and inserting the following: “Subtitle A— Information and Analysis and Infrastructure Protection; Access to Information “Sec. 201. Information and Analysis and Infrastructure Protection.”. (5) National security act of 1947.—Section 106(b)(2)(I) of the National Security Act of 1947 (50 U.S.C. 403–6) is amended to read as follows:121 STAT. 335 “(I) The Under Secretary of Homeland Security for Intelligence and Analysis.”.(c) Treatment of Incumbent.—The individual administratively performing the duties of the Under Secretary for Intelligence and Analysis as of the date of the enactment of this Act 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, as amended by this section, and until the individual so appointed assumes the duties of the position.