--- kind: "section" citation: "6 U.S.C. § 122" title: "6" title_heading: "Domestic Security" number: "122" heading: "Access to information" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/6/122" units: - "Chapter 1 — Homeland Security Organization" - "Subchapter II — Information Analysis" - "Part A — Information and Analysis; Access to Information" --- # §122. Access to information - (a) **In general—** - (1) **Threat and vulnerability information—** Except as otherwise directed by the President, the [Secretary](/usc/6/101.md?p=16) shall have such access as the [Secretary](/usc/6/101.md?p=16) considers necessary to all information, including reports, assessments, analyses, and unevaluated intelligence relating to threats of [terrorism](/usc/6/101.md?p=18) against the [United States](/usc/6/101.md?p=19-A) and to other areas of responsibility assigned by the [Secretary](/usc/6/101.md?p=16), and to all information concerning infrastructure or other vulnerabilities of the [United States](/usc/6/101.md?p=19-A) to [terrorism](/usc/6/101.md?p=18), whether or not such information has been analyzed, that may be collected, possessed, or prepared by any [agency](/usc/6/671.md?p=1) of the Federal Government. - (2) **Other information—** The [Secretary](/usc/6/101.md?p=16) shall also have access to other information relating to matters under the responsibility of the [Secretary](/usc/6/101.md?p=16) that may be collected, possessed, or prepared by an [agency](/usc/6/671.md?p=1) of the Federal Government as the President may further provide. - (b) **Manner of access—** Except as otherwise directed by the President, with respect to information to which the [Secretary](/usc/6/101.md?p=16) has access pursuant to this section— - (1) the [Secretary](/usc/6/101.md?p=16) may obtain such material upon request, and may enter into cooperative arrangements with other [executive agencies](/usc/6/101.md?p=8) to provide such material or provide [Department](/usc/6/101.md?p=5) officials with access to it on a regular or routine basis, including requests or arrangements involving broad categories of material, access to electronic databases, or both; and - (2) regardless of whether the [Secretary](/usc/6/101.md?p=16) has made any request or entered into any cooperative arrangement pursuant to [paragraph (1)](#b-1), all [agencies](/usc/6/671.md?p=1) of the Federal Government shall promptly provide to the [Secretary](/usc/6/101.md?p=16)— - (A) all reports (including information reports containing intelligence which has not been fully evaluated), assessments, and analytical information relating to threats of [terrorism](/usc/6/101.md?p=18) against the [United States](/usc/6/101.md?p=19-A) and to other areas of responsibility assigned by the [Secretary](/usc/6/101.md?p=16); - (B) all information concerning the vulnerability of the infrastructure of the [United States](/usc/6/101.md?p=19-A), or other vulnerabilities of the [United States](/usc/6/101.md?p=19-A), to [terrorism](/usc/6/101.md?p=18), whether or not such information has been analyzed; - (C) all other information relating to significant and credible threats of [terrorism](/usc/6/101.md?p=18) against the [United States](/usc/6/101.md?p=19-A), whether or not such information has been analyzed; and - (D) such other information or material as the President may direct. - (c) **Treatment under certain laws—** The [Secretary](/usc/6/101.md?p=16) shall be deemed to be a Federal law enforcement, intelligence, protective, national defense, immigration, or national security official, and shall be provided with all information from law enforcement [agencies](/usc/6/671.md?p=1) that is required to be given to the [Director](/usc/6/677a.md?p=3) of National Intelligence, under any provision of the following: - (1) The USA PATRIOT Act of 2001 (Public Law 107–56). - (2) [Section 2517(6) of title 18](/usc/18/2517.md?p=6). - (3) Rule 6(e)(3)(C) of the Federal Rules of Criminal Procedure. - (d) **Access to intelligence and other information—** - (1) **Access by elements of Federal Government—** Nothing in this subchapter shall preclude any element of the intelligence community (as that term is defined in [section 3003(4) of title 50](/usc/50/3003.md?p=4),[^1] or any other element of the Federal Government with responsibility for analyzing terrorist threat information, from receiving any intelligence or other information relating to [terrorism](/usc/6/101.md?p=18). - (2) **Sharing of information—** The [Secretary](/usc/6/101.md?p=16), in consultation with the [Director](/usc/6/677a.md?p=3) of National Intelligence, shall work to ensure that intelligence or other information relating to [terrorism](/usc/6/101.md?p=18) to which the [Department](/usc/6/101.md?p=5) has access is appropriately shared with the elements of the Federal Government referred to in [paragraph (1)](#d-1), as well as with [State](/usc/6/101.md?p=17) and [local governments](/usc/6/101.md?p=13), as appropriate. ## Footnotes [^1]: So in original. There probably should be a closing parenthesis after “50”. ## Source credit (Pub. L. 107–296, title II, § 202, Nov. 25, 2002, 116 Stat. 2149; Pub. L. 115–278, § 2(g)(2)(D), Nov. 16, 2018, 132 Stat. 4177.) ## Notes ### Editorial Notes ### References in Text The USA PATRIOT Act of 2001, referred to in subsec. (c)(1), is Pub. L. 107–56, Oct. 26, 2001, 115 Stat. 272, known as the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 or the USA PATRIOT Act. For complete classification of this Act to the Code, see Short Title of 2001 Amendment note set out under section 1 of Title 18, Crimes and Criminal Procedure, and Tables. The Federal Rules of Criminal Procedure, referred to in subsec. (c)(3), are set out in the Appendix to Title 18, Crimes and Criminal Procedure. This subchapter, referred to in subsec. (d)(1), was in the original “this title”, meaning title II of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2145, which enacted this subchapter, amended sections 1030, 2511, 2512, 2520, 2701 to 2703, and 3125 of Title 18, Crimes and Criminal Procedure, sections 10102 and 10122 of Title 34, Crime Control and Law Enforcement, and section 3003 of Title 50, War and National Defense, and enacted provisions set out as a note under section 101 of this title and listed in a Provisions for Review, Promulgation, or Amendment of Federal Sentencing Guidelines Relating to Specific Offenses table set out under section 994 of Title 28, Judiciary and Judicial Procedure. For complete classification of title II to the Code, see Tables. ### Amendments 2018—Subsecs. (c), (d)(2). Pub. L. 115–278 substituted “Director of National Intelligence” for “Director of Central Intelligence”.