U.S Code last checked for updates: May 01, 2024
§ 664.
National asset database
(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
(b)
Use of database
(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
(4)
Retention of classification
(d)
Reports
(1)
Report required
(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
(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.
(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.)
cite as: 6 USC 664