6 Usc 143

§ 143

TITLE 6—DOMESTIC SECURITY

tion within 90 days after providing that
notification, the Inspector General shall
further notify the senior official that an
audit or investigation was not initiated.
The further notification under this subclause shall be made not later than 3
days after the end of that 90-day period.
(iii) Investigation by senior official
The senior official may investigate a
matter referred under clause (i) if—
(I) the Inspector General notifies the
senior official under clause (ii)(I)(bb)
that the Inspector General does not intend to initiate an audit or investigation
relating to that matter; or
(II) the Inspector General provides a
further notification under clause (ii)(II)
relating to that matter.
(iv) Privacy training
Any employee of the Office of Inspector
General who audits or investigates any
matter referred under clause (i) shall be
required to receive adequate training on
privacy laws, rules, and regulations, to be
provided by an entity approved by the Inspector General in consultation with the
senior official appointed under subsection
(a).
(d) Notification to Congress on removal
If the Secretary removes the senior official appointed under subsection (a) or transfers that
senior official to another position or location
within the Department, the Secretary shall—
(1) promptly submit a written notification of
the removal or transfer to Houses of Congress;
and
(2) include in any such notification the reasons for the removal or transfer.
(e) Reports by senior official to Congress
The senior official appointed under subsection
(a) shall—
(1) submit reports directly to the Congress
regarding performance of the responsibilities
of the senior official under this section, without any prior comment or amendment by the
Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget; and
(2) inform the Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of
the House of Representatives not later than—
(A) 30 days after the Secretary disapproves
the senior official’s request for a subpoena
under subsection (b)(1)(C) or the Secretary
substantively modifies the requested subpoena; or
(B) 45 days after the senior official’s request for a subpoena under subsection
(b)(1)(C), if that subpoena has not either
been approved or disapproved by the Secretary.
(Pub. L. 107–296, title II, § 222, Nov. 25, 2002, 116
Stat. 2155; Pub. L. 108–458, title VIII, § 8305, Dec.
17, 2004, 118 Stat. 3868; Pub. L. 110–53, title VIII,
§ 802, Aug. 3, 2007, 121 Stat. 358.)
REFERENCES IN TEXT
The Privacy Act of 1974, referred to in subsec. (a)(2),
(6), is Pub. L. 93–579, Dec. 31, 1974, 88 Stat. 1896, as

Page 42

amended, which enacted section 552a of Title 5, Government Organization and Employees, and provisions set
out as notes under section 552a of Title 5. For complete
classification of this Act to the Code, see Short Title of
1974 Amendment note set out under section 552a of
Title 5 and Tables.
AMENDMENTS
2007—Pub. L. 110–53 designated existing provisions as
subsec. (a), inserted heading, and added subsecs. (b) to
(e).
2004—Pub. L. 108–458, § 8305(1), inserted ‘‘, who shall
report directly to the Secretary,’’ after ‘‘in the Department’’ in introductory provisions.
Pars. (5), (6). Pub. L. 108–458, § 8305(2)–(4), added par.
(5) and redesignated former par. (5) as (6).

§ 143. Enhancement of non-Federal cybersecurity
In carrying out the responsibilities under section 121 of this title, the Under Secretary for Intelligence and Analysis, in cooperation with the
Assistant Secretary for Infrastructure Protection 1 shall—
(1) as appropriate, provide to State and local
government entities, and upon request to private entities that own or operate critical information systems—
(A) analysis and warnings related to
threats to, and vulnerabilities of, critical information systems; and
(B) in coordination with the Under Secretary for Emergency Preparedness and Response, crisis management support in response to threats to, or attacks on, critical
information systems; and
(2) as appropriate, provide technical assistance, upon request, to the private sector and
other government entities, in coordination
with the Under Secretary for Emergency Preparedness and Response, with respect to emergency recovery plans to respond to major failures of critical information systems.
(Pub. L. 107–296, title II, § 223, Nov. 25, 2002, 116
Stat. 2156; Pub. L. 110–53, title V, § 531(b)(1)(A),
Aug. 3, 2007, 121 Stat. 334.)
AMENDMENTS
2007—Pub. L. 110–53 substituted ‘‘Under Secretary for
Intelligence and Analysis, in cooperation with the Assistant Secretary for Infrastructure Protection’’ for
‘‘Under Secretary for Information Analysis and Infrastructure Protection’’ in introductory provisions.

§ 144. NET Guard
The Assistant Secretary for Infrastructure
Protection may establish a national technology
guard, to be known as ‘‘NET Guard’’, comprised
of local teams of volunteers with expertise in
relevant areas of science and technology, to assist local communities to respond and recover
from attacks on information systems and communications networks.
(Pub. L. 107–296, title II, § 224, Nov. 25, 2002, 116
Stat. 2156; Pub. L. 110–53, title V, § 531(b)(1)(B),
Aug. 3, 2007, 121 Stat. 334.)
AMENDMENTS
2007—Pub. L. 110–53 substituted ‘‘Assistant Secretary
for Infrastructure Protection’’ for ‘‘Under Secretary for
Information Analysis and Infrastructure Protection’’.
1 So

in original. Probably should be followed by a comma.