CHAPTER 6 - CYBERSECURITY

Title 6 > CHAPTER 6

Sections (21)

§ 1500 National Cyber Director

(a) Establishment There is established, within the Executive Office of the President, the Office of the National Cyber Director (in this section referred to as the “Office”).

(b) National Cyber Director The Office shall be headed by the National Cyber Director (in this section referred to as the “Director”) who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall hold office at the pleasure of the President. The Director shall be entitled to receive the same pay and allowances as are provided for level II of the Executive Schedule under section 5313 of title 5 .

(c) Duties of the National Cyber Director Subject to the authority, direction, and control of the President, the Director shall— serve as the principal advisor to the President on cybersecurity policy and strategy relating to the coordination of— information security and data protection; programs and policies intended to improve the cybersecurity posture of the United States; efforts to understand and deter malicious cyber activity; efforts to increase the security of information and communications technology and services and to promote national supply chain risk management and vendor security; diplomatic and other efforts to develop norms and international consensus around responsible state behavior in cyberspace; awareness and adoption of emerging technology that may enhance, augment, or degrade the cybersecurity posture of the United States; and such other cybersecurity matters as the President considers appropriate; offer advice and consultation to the National Security Council and its staff, the Homeland Security Council and its staff, and relevant Federal departments and agencies, for their consideration, relating to the development and coordination of national cyber policy and strategy, including the National Cyber Strategy; lead the coordination of implementation of national cyber policy and strategy, including the National Cyber Strategy, by— in coordination with the heads of relevant Federal departments or agencies, monitoring and assessing the effectiveness, including cost-effectiveness, of the implementation of such national cyber policy and strategy by Federal departments and agencies; making recommendations, relevant to changes in the organization, personnel, and resource allocation and to policies of Federal departments and agencies, to the heads of relevant Federal departments and agencies in order to implement such national cyber policy and strategy; reviewing the annual budget proposals for relevant Federal departments and agencies and advising the heads of such departments and agencies whether such proposals are consistent with such national cyber policy and strategy; continuously assessing and making relevant recommendations to the President on the appropriate level of integration and interoperability across the Federal cyber centers; coordinating with the Attorney General, the Federal Chief Information Officer, the Director of the Office of Management and Budget, the Director of National Intelligence, and the Director of the Cybersecurity and Infrastructure Security Agency, on the streamlining of Federal policies and guidelines, including with respect to implementation of subchapter II of chapter 35 of title 44, and, as appropriate or applicable, regulations relating to cybersecurity; reporting annually to the President, the Assistant to the President for National Security Affairs, and Congress on the state of the cybersecurity posture of the United States, the effectiveness of such national cyber policy and strategy, and the status of the implementation of such national cyber policy and strategy by Federal departments and agencies; and such other activity as the President considers appropriate to further such national cyber policy and strategy; lead coordination of the development and ensuring implementation by the Federal Government of integrated incident response to cyberattacks and cyber campaigns of significant consequence, including— ensuring and facilitating coordination among relevant Federal departments and agencies in the development of integrated operational plans, processes, and playbooks, including for incident response, that feature— clear lines of authority and lines of effort across the Federal Government; authorities that have been delegated to an appropriate level to facilitate effective operational responses across the Federal Government; and support for the integration of defensive cyber plans and capabilities with offensive cyber plans and capabilities in a manner consistent with improving the cybersecurity posture of the United States; ensuring the exercising of defensive operational plans, processes, and playbooks for incident response; ensuring the updating of defensive operational plans, processes, and playbooks for incident response as needed to keep them updated; and reviewing and ensuring that defensive operational plans, processes, and playbooks improve coordination with relevant private sector entities, as appropriate; preparing the response by the Federal Government to cyberattacks and cyber campaigns of significant consequence across Federal departments and agencies with responsibilities pertaining to cybersecurity and with the relevant private sector entities, including— developing for the approval of the President, in coordination with the Assistant to the President for National Security Affairs and the heads of relevant Federal departments and agencies, operational priorities, requirements, and plans; ensuring incident response is executed consistent with the plans described in clause (i); and ensuring relevant Federal department and agency consultation with relevant private sector entities in incident response; coordinate and consult with private sector leaders on cybersecurity and emerging technology issues in support of, and in coordination with, the Director of the Cybersecurity and Infrastructure Security Agency, the Director of National Intelligence, and the heads of other Federal departments and agencies, as appropriate; annually report to Congress on cybersecurity threats and issues facing the United States, including any new or emerging technologies that may affect national security, economic prosperity, or enforcing the rule of law; and be responsible for such other functions as the President may direct. The Director may— serve as the senior representative to any organization that the President may establish for the purpose of providing the President advice on cybersecurity; subject to subparagraph (B), be included as a participant in preparations for and, when appropriate, the execution of domestic and international summits and other international meetings at which cybersecurity is a major topic; delegate any of the Director’s functions, powers, and duties to such officers and employees of the Office as the Director considers appropriate; and authorize such successive re-delegations of such functions, powers, and duties to such officers and employees of the Office as the Director considers appropriate. In acting under subparagraph (A)(ii) in the case of a summit or a meeting with an international partner, the Director shall act in coordination with the Secretary of State.

(d) Omitted

(e) Powers of the Director The Director may, for the purposes of carrying out the functions of the Director under this section— subject to the civil service and classification laws, select, appoint, employ, and fix the compensation of such officers and employees as are necessary and prescribe their duties, except that not more than 75 individuals may be employed without regard to any provision of law regulating the employment or compensation at rates not to exceed the basic rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5 ; employ experts and consultants in accordance with section 3109 of title 5 , and compensate individuals so employed for each day (including travel time) at rates not in excess of the maximum rate of basic pay for grade GS–15 as provided in section 5332 of such title, and while such experts and consultants are so serving away from their homes or regular place of business, to pay such employees travel expenses and per diem in lieu of subsistence at rates authorized by section 5703 of such title 5 for persons in Federal Government service employed intermittently; accept officers or employees of the United States or members of the Armed Forces on a detail from an element of the intelligence community (as such term is defined in section 3003(4) of title 50 ) or from another element of the Federal Government on a nonreimbursable basis, as jointly agreed to by the heads of the receiving and detailing elements, for a period not to exceed three years; promulgate such rules and regulations as may be necessary to carry out the functions, powers, and duties vested in the Director; utilize, with their consent, the services, personnel, and facilities of other Federal agencies; enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in the conduct of the work of the Office and on such terms as the Director may determine appropriate, with any Federal agency, or with any public or private person or entity; accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31 ; adopt an official seal, which shall be judicially noticed; and provide, where authorized by law, copies of documents to persons at cost, except that any funds so received shall be credited to, and be available for use from, the account from which expenditures relating thereto were made. Nothing in paragraph (1)(C) may be construed as imposing any limitation on any other authority for reimbursable or nonreimbursable details. A nonreimbursable detail made pursuant to such paragraph shall not be considered an augmentation of the appropriations of the receiving element of the Office of the National Cyber Director.

(f) Rules of construction Nothing in this section may be construed as— modifying any authority or responsibility, including any operational authority or responsibility of any head of a Federal department or agency; authorizing the Director or any person acting under the authority of the Director to interfere with or to direct a criminal or national security investigation, arrest, search, seizure, or disruption operation; amending a legal restriction that was in effect on the day before January 1, 2021 that requires a law enforcement agency to keep confidential information learned in the course of a criminal or national security investigation; authorizing the Director or any person acting under the authority of the Director to interfere with or to direct a military operation; authorizing the Director or any person acting under the authority of the Director to interfere with or to direct any diplomatic or consular activity; authorizing the Director or any person acting under the authority of the Director to interfere with or to direct an intelligence activity, resource, or operation; or authorizing the Director or any person acting under the authority of the Director to modify the classification of intelligence information.

(g) Definitions In this section: The term “cybersecurity posture” means the ability to identify, to protect against, to detect, to respond to, and to recover from an intrusion in an information system the compromise of which could constitute a cyber attack or cyber campaign of significant consequence. The term “cyber attack and cyber campaign of significant consequence” means an incident or series of incidents that has the purpose or effect of— causing a significant disruption to the confidentiality, integrity, or availability of a Federal information system; harming, or otherwise significantly compromising the provision of service by, a computer or network of computers that support one or more entities in a critical infrastructure sector; significantly compromising the provision of services by one or more entities in a critical infrastructure sector; causing a significant misappropriation of funds or economic resources, trade secrets, personal identifiers, or financial information for commercial or competitive advantage or private financial gain; or otherwise constituting a significant threat to the national security, foreign policy, or economic health or financial stability of the United States. The term “incident” has the meaning given such term in section 3552 of title 44 . The term “incident response” means a government or private sector activity that detects, mitigates, or recovers from a cyber attack or cyber campaign of significant consequence. The term “information security” has the meaning given such term in section 3552 of title 44 . The term “intelligence” has the meaning given such term in section 3003 of title 50 .

§ 1501 Definitions

In this subchapter: The term “agency” has the meaning given the term in section 3502 of title 44 . The term “antitrust laws”— has the meaning given the term in section 12 of title 15 ; includes section 45 of title 15 to the extent that section 45 of title 15 applies to unfair methods of competition; and includes any State antitrust law, but only to the extent that such law is consistent with the law referred to in subparagraph (A) or the law referred to in subparagraph (B). The term “appropriate Federal entities” means the following: The Department of Commerce. The Department of Defense. The Department of Energy. The Department of Homeland Security. The Department of Justice. The Department of the Treasury. The Office of the Director of National Intelligence. The term “cybersecurity purpose” has the meaning given the term in section 650 of this title . The term “cybersecurity threat” has the meaning given the term in section 650 of this title . The term “cyber threat indicator” has the meaning given the term in section 650 of this title . The term “defensive measure” has the meaning given the term in section 650 of this title . The term “Federal entity” means a department or agency of the United States or any component of such department or agency. The term “information system” has the meaning given the term in section 650 of this title . The term “local government” means any borough, city, county, parish, town, township, village, or other political subdivision of a State. The term “malicious cyber command and control” has the meaning given the term in section 650 of this title . The term “malicious reconnaissance” has the meaning given the term in section 650 of this title . The term “monitor” has the meaning given the term in section 650 of this title . Except as otherwise provided in this paragraph, the term “non-Federal entity” means any private entity, non-Federal government agency or department, or State, tribal, or local government (including a political subdivision, department, or component thereof). The term “non-Federal entity” includes a government agency or department of the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. The term “non-Federal entity” does not include a foreign power as defined in section 1801 of title 50 . Except as otherwise provided in this paragraph, the term “private entity” means any person or private group, organization, proprietorship, partnership, trust, cooperative, corporation, or other commercial or nonprofit entity, including an officer, employee, or agent thereof. The term “private entity” includes a State, tribal, or local government performing utility services, such as electric, natural gas, or water services. The term “private entity” does not include a foreign power as defined in section 1801 of title 50 . The term “security control” has the meaning given the term in section 650 of this title . The term “security vulnerability” has the meaning given the term in section 650 of this title . The term “tribal” has the meaning given the term “Indian tribe” in section 5304 of title 25 . ( Pub. L. 114–113, div. N, title I, § 102 , Dec. 18, 2015 , 129 Stat. 2936 ; Pub. L. 117–263, div. G, title LXXI, § 7143(b)(4) , Dec. 23, 2022 , 136 Stat. 3661 .)

(a) In general Consistent with the protection of classified information, intelligence sources and methods, and privacy and civil liberties, the Director of National Intelligence, the Secretary of Homeland Security, the Secretary of Defense, and the Attorney General, in consultation with the heads of the appropriate Federal entities, shall jointly develop and issue procedures to facilitate and promote— the timely sharing of classified cyber threat indicators and defensive measures in the possession of the Federal Government with representatives of relevant Federal entities and non-Federal entities that have appropriate security clearances; the timely sharing with relevant Federal entities and non-Federal entities of cyber threat indicators, defensive measures, and information relating to cybersecurity threats or authorized uses under this subchapter, in the possession of the Federal Government that may be declassified and shared at an unclassified level; the timely sharing with relevant Federal entities and non-Federal entities, or the public if appropriate, of unclassified, including controlled unclassified, cyber threat indicators and defensive measures in the possession of the Federal Government; the timely sharing with Federal entities and non-Federal entities, if appropriate, of information relating to cybersecurity threats or authorized uses under this subchapter, in the possession of the Federal Government about cybersecurity threats to such entities to prevent or mitigate adverse effects from such cybersecurity threats; and the periodic sharing, through publication and targeted outreach, of cybersecurity best practices that are developed based on ongoing analyses of cyber threat indicators, defensive measures, and information relating to cybersecurity threats or authorized uses under this subchapter, in the possession of the Federal Government, with attention to accessibility and implementation challenges faced by small business concerns (as defined in section 632 of title 15 ).

(b) Development of procedures The procedures developed under subsection (a) shall— ensure the Federal Government has and maintains the capability to share cyber threat indicators and defensive measures in real time consistent with the protection of classified information; incorporate, to the greatest extent practicable, existing processes and existing roles and responsibilities of Federal entities and non-Federal entities for information sharing by the Federal Government, including sector specific information sharing and analysis centers; include procedures for notifying, in a timely manner, Federal entities and non-Federal entities that have received a cyber threat indicator or defensive measure from a Federal entity under this subchapter that is known or determined to be in error or in contravention of the requirements of this subchapter or another provision of Federal law or policy of such error or contravention; include requirements for Federal entities sharing cyber threat indicators or defensive measures to implement and utilize security controls to protect against unauthorized access to or acquisition of such cyber threat indicators or defensive measures; include procedures that require a Federal entity, prior to the sharing of a cyber threat indicator— to review such cyber threat indicator to assess whether such cyber threat indicator contains any information not directly related to a cybersecurity threat that such Federal entity knows at the time of sharing to be personal information of a specific individual or information that identifies a specific individual and remove such information; or to implement and utilize a technical capability configured to remove any information not directly related to a cybersecurity threat that the Federal entity knows at the time of sharing to be personal information of a specific individual or information that identifies a specific individual; and include procedures for notifying, in a timely manner, any United States person whose personal information is known or determined to have been shared by a Federal entity in violation of this subchapter. In developing the procedures required under this section, the Director of National Intelligence, the Secretary of Homeland Security, the Secretary of Defense, and the Attorney General shall consult with appropriate Federal entities, including the Small Business Administration and the National Laboratories (as defined in section 15801 of title 42 ), to ensure that effective protocols are implemented that will facilitate and promote the sharing of cyber threat indicators by the Federal Government in a timely manner.

(c) Submittal to Congress Not later than 60 days after December 18, 2015 , the Director of National Intelligence, in consultation with the heads of the appropriate Federal entities, shall submit to Congress the procedures required by subsection (a).

§ 1503 Authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats

(a) Authorization for monitoring Notwithstanding any other provision of law, a private entity may, for cybersecurity purposes, monitor— an information system of such private entity; an information system of another non-Federal entity, upon the authorization and written consent of such other entity; an information system of a Federal entity, upon the authorization and written consent of an authorized representative of the Federal entity; and information that is stored on, processed by, or transiting an information system monitored by the private entity under this paragraph. Nothing in this subsection shall be construed— to authorize the monitoring of an information system, or the use of any information obtained through such monitoring, other than as provided in this subchapter; or to limit otherwise lawful activity.

(b) Authorization for operation of defensive measures Notwithstanding any other provision of law, a private entity may, for cybersecurity purposes, operate a defensive measure that is applied to— an information system of such private entity in order to protect the rights or property of the private entity; an information system of another non-Federal entity upon written consent of such entity for operation of such defensive measure to protect the rights or property of such entity; and an information system of a Federal entity upon written consent of an authorized representative of such Federal entity for operation of such defensive measure to protect the rights or property of the Federal Government. Nothing in this subsection shall be construed— to authorize the use of a defensive measure other than as provided in this subsection; or to limit otherwise lawful activity.

(c) Authorization for sharing or receiving cyber threat indicators or defensive measures Except as provided in paragraph (2) and notwithstanding any other provision of law, a non-Federal entity may, for a cybersecurity purpose and consistent with the protection of classified information, share with, or receive from, any other non-Federal entity or the Federal Government a cyber threat indicator or defensive measure. A non-Federal entity receiving a cyber threat indicator or defensive measure from another non-Federal entity or a Federal entity shall comply with otherwise lawful restrictions placed on the sharing or use of such cyber threat indicator or defensive measure by the sharing non-Federal entity or Federal entity. Nothing in this subsection shall be construed— to authorize the sharing or receiving of a cyber threat indicator or defensive measure other than as provided in this subsection; or to limit otherwise lawful activity.

(d) Protection and use of information A non-Federal entity monitoring an information system, operating a defensive measure, or providing or receiving a cyber threat indicator or defensive measure under this section shall implement and utilize a security control to protect against unauthorized access to or acquisition of such cyber threat indicator or defensive measure. A non-Federal entity sharing a cyber threat indicator pursuant to this subchapter shall, prior to such sharing— review such cyber threat indicator to assess whether such cyber threat indicator contains any information not directly related to a cybersecurity threat that the non-Federal entity knows at the time of sharing to be personal information of a specific individual or information that identifies a specific individual and remove such information; or implement and utilize a technical capability configured to remove any information not directly related to a cybersecurity threat that the non-Federal entity knows at the time of sharing to be personal information of a specific individual or information that identifies a specific individual. Consistent with this subchapter, a cyber threat indicator or defensive measure shared or received under this section may, for cybersecurity purposes— be used by a non-Federal entity to monitor or operate a defensive measure that is applied to— an information system of the non-Federal entity; or an information system of another non-Federal entity or a Federal entity upon the written consent of that other non-Federal entity or that Federal entity; and be otherwise used, retained, and further shared by a non-Federal entity subject to— an otherwise lawful restriction placed by the sharing non-Federal entity or Federal entity on such cyber threat indicator or defensive measure; or an otherwise applicable provision of law. Nothing in this paragraph shall be construed to authorize the use of a cyber threat indicator or defensive measure other than as provided in this section. A State, tribal, or local government that receives a cyber threat indicator or defensive measure under this subchapter may use such cyber threat indicator or defensive measure for the purposes described in section 1504(d)(5)(A) of this title . A cyber threat indicator or defensive measure shared by or with a State, tribal, or local government, including a component of a State, tribal, or local government that is a private entity, under this section shall be— deemed voluntarily shared information; and exempt from disclosure under any provision of State, tribal, or local freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring disclosure of information or records. Except as provided in clause (ii), a cyber threat indicator or defensive measure shared with a State, tribal, or local government under this subchapter shall not be used by any State, tribal, or local government to regulate, including an enforcement action, the lawful activity of any non-Federal entity or any activity taken by a non-Federal entity pursuant to mandatory standards, including an activity relating to monitoring, operating a defensive measure, or sharing of a cyber threat indicator. A cyber threat indicator or defensive measure shared as described in clause (i) may, consistent with a State, tribal, or local government regulatory authority specifically relating to the prevention or mitigation of cybersecurity threats to information systems, inform the development or implementation of a regulation relating to such information systems.

(e) Antitrust exemption Except as provided in section 1507(e) of this title , it shall not be considered a violation of any provision of antitrust laws for 2 or more private entities to exchange or provide a cyber threat indicator or defensive measure, or assistance relating to the prevention, investigation, or mitigation of a cybersecurity threat, for cybersecurity purposes under this subchapter. Paragraph (1) shall apply only to information that is exchanged or assistance provided in order to assist with— facilitating the prevention, investigation, or mitigation of a cybersecurity threat to an information system or information that is stored on, processed by, or transiting an information system; or communicating or disclosing a cyber threat indicator to help prevent, investigate, or mitigate the effect of a cybersecurity threat to an information system or information that is stored on, processed by, or transiting an information system.

(f) No right or benefit The sharing of a cyber threat indicator or defensive measure with a non-Federal entity under this subchapter shall not create a right or benefit to similar information by such non-Federal entity or any other non-Federal entity.

(a) Requirement for policies and procedures Not later than 60 days after December 18, 2015 , the Attorney General and the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities, jointly develop and submit to Congress interim policies and procedures relating to the receipt of cyber threat indicators and defensive measures by the Federal Government. Not later than 180 days after December 18, 2015 , the Attorney General and the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities, jointly issue and make publicly available final policies and procedures relating to the receipt of cyber threat indicators and defensive measures by the Federal Government. Consistent with the guidelines required by subsection (b), the policies and procedures developed or issued under this subsection shall— ensure that cyber threat indicators shared with the Federal Government by any non-Federal entity pursuant to section 1503(c) of this title through the real-time process described in subsection (c) of this section— are shared in an automated manner with all of the appropriate Federal entities; are only subject to a delay, modification, or other action due to controls established for such real-time process that could impede real-time receipt by all of the appropriate Federal entities when the delay, modification, or other action is due to controls— agreed upon unanimously by all of the heads of the appropriate Federal entities; carried out before any of the appropriate Federal entities retains or uses the cyber threat indicators or defensive measures; and uniformly applied such that each of the appropriate Federal entities is subject to the same delay, modification, or other action; and may be provided to other Federal entities; ensure that cyber threat indicators shared with the Federal Government by any non-Federal entity pursuant to section 1503 of this title in a manner other than the real-time process described in subsection (c) of this section— are shared as quickly as operationally practicable with all of the appropriate Federal entities; are not subject to any unnecessary delay, interference, or any other action that could impede receipt by all of the appropriate Federal entities; and may be provided to other Federal entities; and ensure there are— audit capabilities; and appropriate sanctions in place for officers, employees, or agents of a Federal entity who knowingly and willfully conduct activities under this subchapter in an unauthorized manner. Not later than 60 days after December 18, 2015 , the Attorney General and the Secretary of Homeland Security shall jointly develop and make publicly available guidance to assist entities and promote sharing of cyber threat indicators with Federal entities under this subchapter. The guidelines developed and made publicly available under subparagraph (A) shall include guidance on the following: Identification of types of information that would qualify as a cyber threat indicator under this subchapter that would be unlikely to include information that— is not directly related to a cybersecurity threat; and is personal information of a specific individual or information that identifies a specific individual. Identification of types of information protected under otherwise applicable privacy laws that are unlikely to be directly related to a cybersecurity threat. Such other matters as the Attorney General and the Secretary of Homeland Security consider appropriate for entities sharing cyber threat indicators with Federal entities under this subchapter.

(b) Privacy and civil liberties Not later than 60 days after December 18, 2015 , the Attorney General and the Secretary of Homeland Security shall, in consultation with heads of the appropriate Federal entities and in consultation with officers designated under section 2000ee–1 of title 42 , jointly develop, submit to Congress, and make available to the public interim guidelines relating to privacy and civil liberties which shall govern the receipt, retention, use, and dissemination of cyber threat indicators by a Federal entity obtained in connection with activities authorized in this subchapter. Not later than 180 days after December 18, 2015 , the Attorney General and the Secretary of Homeland Security shall, in coordination with heads of the appropriate Federal entities and in consultation with officers designated under section 2000ee–1 of title 42 and such private entities with industry expertise as the Attorney General and the Secretary consider relevant, jointly issue and make publicly available final guidelines relating to privacy and civil liberties which shall govern the receipt, retention, use, and dissemination of cyber threat indicators by a Federal entity obtained in connection with activities authorized in this subchapter. The Attorney General and the Secretary of Homeland Security shall, in coordination with heads of the appropriate Federal entities and in consultation with officers and private entities described in subparagraph (A), periodically, but not less frequently than once every 2 years, jointly review the guidelines issued under subparagraph (A). The guidelines required by paragraphs (1) and (2) shall, consistent with the need to protect information systems from cybersecurity threats and mitigate cybersecurity threats— limit the effect on privacy and civil liberties of activities by the Federal Government under this subchapter; limit the receipt, retention, use, and dissemination of cyber threat indicators containing personal information of specific individuals or information that identifies specific individuals, including by establishing— a process for the timely destruction of such information that is known not to be directly related to uses authorized under this subchapter; and specific limitations on the length of any period in which a cyber threat indicator may be retained; include requirements to safeguard cyber threat indicators containing personal information of specific individuals or information that identifies specific individuals from unauthorized access or acquisition, including appropriate sanctions for activities by officers, employees, or agents of the Federal Government in contravention of such guidelines; consistent with this subchapter, any other applicable provisions of law, and the fair information practice principles set forth in appendix A of the document entitled “National Strategy for Trusted Identities in Cyberspace” and published by the President in April 2011, govern the retention, use, and dissemination by the Federal Government of cyber threat indicators shared with the Federal Government under this subchapter, including the extent, if any, to which such cyber threat indicators may be used by the Federal Government; include procedures for notifying entities and Federal entities if information received pursuant to this section is known or determined by a Federal entity receiving such information not to constitute a cyber threat indicator; protect the confidentiality of cyber threat indicators containing personal information of specific individuals or information that identifies specific individuals to the greatest extent practicable and require recipients to be informed that such indicators may only be used for purposes authorized under this subchapter; and include steps that may be needed so that dissemination of cyber threat indicators is consistent with the protection of classified and other sensitive national security information.

(c) Capability and process within the Department of Homeland Security Not later than 90 days after December 18, 2015 , the Secretary of Homeland Security, in coordination with the heads of the appropriate Federal entities, shall develop and implement a capability and process within the Department of Homeland Security that— shall accept from any non-Federal entity in real time cyber threat indicators and defensive measures, pursuant to this section; shall, upon submittal of the certification under paragraph (2) that such capability and process fully and effectively operates as described in such paragraph, be the process by which the Federal Government receives cyber threat indicators and defensive measures under this subchapter that are shared by a non-Federal entity with the Federal Government through electronic mail or media, an interactive form on an Internet website, or a real time, automated process between information systems except— consistent with section 1503 of this title , communications between a Federal entity and a non-Federal entity regarding a previously shared cyber threat indicator to describe the relevant cybersecurity threat or develop a defensive measure based on such cyber threat indicator; and communications by a regulated non-Federal entity with such entity’s Federal regulatory authority regarding a cybersecurity threat; ensures that all of the appropriate Federal entities receive in an automated manner such cyber threat indicators and defensive measures shared through the real-time process within the Department of Homeland Security; is in compliance with the policies, procedures, and guidelines required by this section; and does not limit or prohibit otherwise lawful disclosures of communications, records, or other information, including— reporting of known or suspected criminal activity, by a non-Federal entity to any other non-Federal entity or a Federal entity, including cyber threat indicators or defensive measures shared with a Federal entity in furtherance of opening a Federal law enforcement investigation; voluntary or legally compelled participation in a Federal investigation; and providing cyber threat indicators or defensive measures as part of a statutory or authorized contractual requirement. Not later than 90 days after December 18, 2015 , the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities, submit to Congress a certification as to whether the capability and process required by paragraph (1) fully and effectively operates— as the process by which the Federal Government receives from any non-Federal entity a cyber threat indicator or defensive measure under this subchapter; and in accordance with the interim policies, procedures, and guidelines developed under this subchapter. At any time after certification is submitted under subparagraph (A), the President may designate an appropriate Federal entity, other than the Department of Defense (including the National Security Agency), to develop and implement a capability and process as described in paragraph (1) in addition to the capability and process developed under such paragraph by the Secretary of Homeland Security, if, not fewer than 30 days before making such designation, the President submits to Congress a certification and explanation that— such designation is necessary to ensure that full, effective, and secure operation of a capability and process for the Federal Government to receive from any non-Federal entity cyber threat indicators or defensive measures under this subchapter; the designated appropriate Federal entity will receive and share cyber threat indicators and defensive measures in accordance with the policies, procedures, and guidelines developed under this subchapter, including subsection (a)(3)(A); and such designation is consistent with the mission of such appropriate Federal entity and improves the ability of the Federal Government to receive, share, and use cyber threat indicators and defensive measures as authorized under this subchapter. If the President designates an appropriate Federal entity to develop and implement a capability and process under clause (i), the provisions of this subchapter that apply to the capability and process required by paragraph (1) shall also be construed to apply to the capability and process developed and implemented under clause (i). The Secretary of Homeland Security shall ensure there is public notice of, and access to, the capability and process developed and implemented under paragraph (1) so that— any non-Federal entity may share cyber threat indicators and defensive measures through such process with the Federal Government; and all of the appropriate Federal entities receive such cyber threat indicators and defensive measures in real time with receipt through the process within the Department of Homeland Security consistent with the policies and procedures issued under subsection (a). The process developed and implemented under paragraph (1) shall ensure that other Federal entities receive in a timely manner any cyber threat indicators and defensive measures shared with the Federal Government through such process.

(d) Information shared with or provided to the Federal Government The provision of cyber threat indicators and defensive measures to the Federal Government under this subchapter shall not constitute a waiver of any applicable privilege or protection provided by law, including trade secret protection. Consistent with section 1503(c)(2) of this title and any other applicable provision of law, a cyber threat indicator or defensive measure provided by a non-Federal entity to the Federal Government under this subchapter shall be considered the commercial, financial, and proprietary information of such non-Federal entity when so designated by the originating non-Federal entity or a third party acting in accordance with the written authorization of the originating non-Federal entity. A cyber threat indicator or defensive measure shared with the Federal Government under this subchapter shall be— deemed voluntarily shared information and exempt from disclosure under section 552 of title 5 and any State, tribal, or local provision of law requiring disclosure of information or records; and withheld, without discretion, from the public under section 552(b)(3)(B) of title 5 and any State, tribal, or local provision of law requiring disclosure of information or records. The provision of a cyber threat indicator or defensive measure to the Federal Government under this subchapter shall not be subject to a rule of any Federal agency or department or any judicial doctrine regarding ex parte communications with a decision-making official. Cyber threat indicators and defensive measures provided to the Federal Government under this subchapter may be disclosed to, retained by, and used by, consistent with otherwise applicable provisions of Federal law, any Federal agency or department, component, officer, employee, or agent of the Federal Government solely for— a cybersecurity purpose; the purpose of identifying— a cybersecurity threat, including the source of such cybersecurity threat; or a security vulnerability; the purpose of responding to, or otherwise preventing or mitigating, a specific threat of death, a specific threat of serious bodily harm, or a specific threat of serious economic harm, including a terrorist act or a use of a weapon of mass destruction; the purpose of responding to, investigating, prosecuting, or otherwise preventing or mitigating, a serious threat to a minor, including sexual exploitation and threats to physical safety; or the purpose of preventing, investigating, disrupting, or prosecuting an offense arising out of a threat described in clause (iii) or any of the offenses listed in— sections 1028 through 1030 of title 18 (relating to fraud and identity theft); chapter 37 of such title (relating to espionage and censorship); and chapter 90 of such title (relating to protection of trade secrets). Cyber threat indicators and defensive measures provided to the Federal Government under this subchapter shall not be disclosed to, retained by, or used by any Federal agency or department for any use not permitted under subparagraph (A). Cyber threat indicators and defensive measures provided to the Federal Government under this subchapter shall be retained, used, and disseminated by the Federal Government— in accordance with the policies, procedures, and guidelines required by subsections (a) and (b); in a manner that protects from unauthorized use or disclosure any cyber threat indicators that may contain— personal information of a specific individual; or information that identifies a specific individual; and in a manner that protects the confidentiality of cyber threat indicators containing— personal information of a specific individual; or information that identifies a specific individual. Except as provided in clause (ii), cyber threat indicators and defensive measures provided to the Federal Government under this subchapter shall not be used by any Federal, State, tribal, or local government to regulate, including an enforcement action, the lawful activities of any non-Federal entity or any activities taken by a non-Federal entity pursuant to mandatory standards, including activities relating to monitoring, operating defensive measures, or sharing cyber threat indicators. Cyber threat indicators and defensive measures provided to the Federal Government under this subchapter may, consistent with Federal or State regulatory authority specifically relating to the prevention or mitigation of cybersecurity threats to information systems, inform the development or implementation of regulations relating to such information systems. Clause (i) shall not apply to procedures developed and implemented under this subchapter.

§ 1505 Protection from liability

(a) Monitoring of information systems No cause of action shall lie or be maintained in any court against any private entity, and such action shall be promptly dismissed, for the monitoring of an information system and information under section 1503(a) of this title that is conducted in accordance with this subchapter.

(b) Sharing or receipt of cyber threat indicators No cause of action shall lie or be maintained in any court against any private entity, and such action shall be promptly dismissed, for the sharing or receipt of a cyber threat indicator or defensive measure under section 1503(c) of this title if— such sharing or receipt is conducted in accordance with this subchapter; and in a case in which a cyber threat indicator or defensive measure is shared with the Federal Government, the cyber threat indicator or defensive measure is shared in a manner that is consistent with section 1504(c)(1)(B) of this title and the sharing or receipt, as the case may be, occurs after the earlier of— the date on which the interim policies and procedures are submitted to Congress under section 1504(a)(1) of this title and guidelines are submitted to Congress under section 1504(b)(1) of this title ; or the date that is 60 days after December 18, 2015 .

(c) Construction Nothing in this subchapter shall be construed— to create— a duty to share a cyber threat indicator or defensive measure; or a duty to warn or act based on the receipt of a cyber threat indicator or defensive measure; or to undermine or limit the availability of otherwise applicable common law or statutory defenses.

§ 1506 Oversight of government activities

(a) Report on implementation Not later than 1 year after December 18, 2015 , the heads of the appropriate Federal entities shall jointly submit to Congress a detailed report concerning the implementation of this subchapter. The report required by paragraph (1) may include such recommendations as the heads of the appropriate Federal entities may have for improvements or modifications to the authorities, policies, procedures, and guidelines under this subchapter and shall include the following: An evaluation of the effectiveness of real-time information sharing through the capability and process developed under section 1504(c) of this title , including any impediments to such real-time sharing. An assessment of whether cyber threat indicators or defensive measures have been properly classified and an accounting of the number of security clearances authorized by the Federal Government for the purpose of sharing cyber threat indicators or defensive measures with the private sector. The number of cyber threat indicators or defensive measures received through the capability and process developed under section 1504(c) of this title . A list of Federal entities that have received cyber threat indicators or defensive measures under this subchapter.

(b) Biennial report on compliance Not later than 2 years after December 18, 2015 and not less frequently than once every 2 years thereafter, the inspectors general of the appropriate Federal entities, in consultation with the Inspector General of the Intelligence Community and the Council of Inspectors General on Financial Oversight, shall jointly submit to Congress an interagency report on the actions of the executive branch of the Federal Government to carry out this subchapter during the most recent 2-year period. Each report submitted under paragraph (1) shall include, for the period covered by the report, the following: An assessment of the sufficiency of the policies, procedures, and guidelines relating to the sharing of cyber threat indicators within the Federal Government, including those policies, procedures, and guidelines relating to the removal of information not directly related to a cybersecurity threat that is personal information of a specific individual or information that identifies a specific individual. An assessment of whether cyber threat indicators or defensive measures have been properly classified and an accounting of the number of security clearances authorized by the Federal Government for the purpose of sharing cyber threat indicators or defensive measures with the private sector. A review of the actions taken by the Federal Government based on cyber threat indicators or defensive measures shared with the Federal Government under this subchapter, including a review of the following: The appropriateness of subsequent uses and disseminations of cyber threat indicators or defensive measures. Whether cyber threat indicators or defensive measures were shared in a timely and adequate manner with appropriate entities, or, if appropriate, were made publicly available. An assessment of the cyber threat indicators or defensive measures shared with the appropriate Federal entities under this subchapter, including the following: The number of cyber threat indicators or defensive measures shared through the capability and process developed under section 1504(c) of this title . An assessment of any information not directly related to a cybersecurity threat that is personal information of a specific individual or information identifying a specific individual and was shared by a non-Federal government 1 entity with the Federal government 1 in contravention of this subchapter, or was shared within the Federal Government in contravention of the guidelines required by this subchapter, including a description of any significant violation of this subchapter. The number of times, according to the Attorney General, that information shared under this subchapter was used by a Federal entity to prosecute an offense listed in section 1504(d)(5)(A) of this title . A quantitative and qualitative assessment of the effect of the sharing of cyber threat indicators or defensive measures with the Federal Government on privacy and civil liberties of specific individuals, including the number of notices that were issued with respect to a failure to remove information not directly related to a cybersecurity threat that was personal information of a specific individual or information that identified a specific individual in accordance with the procedures required by section 1504(b)(3)(E) of this title . The adequacy of any steps taken by the Federal Government to reduce any adverse effect from activities carried out under this subchapter on the privacy and civil liberties of United States persons. An assessment of the sharing of cyber threat indicators or defensive measures among Federal entities to identify inappropriate barriers to sharing information. Each report submitted under this subsection may include such recommendations as the inspectors general may have for improvements or modifications to the authorities and processes under this subchapter.

(c) Independent report on removal of personal information Not later than 3 years after December 18, 2015 , the Comptroller General of the United States shall submit to Congress a report on the actions taken by the Federal Government to remove personal information from cyber threat indicators or defensive measures pursuant to this subchapter. Such report shall include an assessment of the sufficiency of the policies, procedures, and guidelines established under this subchapter in addressing concerns relating to privacy and civil liberties.

(d) Form of reports Each report required under this section shall be submitted in an unclassified form, but may include a classified annex.

(e) Public availability of reports The unclassified portions of the reports required under this section shall be made available to the public.

§ 1507 Construction and preemption

(a) Otherwise lawful disclosures Nothing in this subchapter shall be construed— to limit or prohibit otherwise lawful disclosures of communications, records, or other information, including reporting of known or suspected criminal activity, by a non-Federal entity to any other non-Federal entity or the Federal Government under this subchapter; or to limit or prohibit otherwise lawful use of such disclosures by any Federal entity, even when such otherwise lawful disclosures duplicate or replicate disclosures made under this subchapter.

(b) Whistle blower protections Nothing in this subchapter shall be construed to prohibit or limit the disclosure of information protected under section 2302(b)(8) of title 5 (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats), section 7211 of title 5 (governing disclosures to Congress), section 1034 of title 10 (governing disclosure to Congress by members of the military), section 3234 of title 50 (governing disclosure by employees of elements of the intelligence community), or any similar provision of Federal or State law.

(c) Protection of sources and methods Nothing in this subchapter shall be construed— as creating any immunity against, or otherwise affecting, any action brought by the Federal Government, or any agency or department thereof, to enforce any law, executive order, or procedure governing the appropriate handling, disclosure, or use of classified information; to affect the conduct of authorized law enforcement or intelligence activities; or to modify the authority of a department or agency of the Federal Government to protect classified information and sources and methods and the national security of the United States.

(d) Relationship to other laws Nothing in this subchapter shall be construed to affect any requirement under any other provision of law for a non-Federal entity to provide information to the Federal Government.

(e) Prohibited conduct Nothing in this subchapter shall be construed to permit price-fixing, allocating a market between competitors, monopolizing or attempting to monopolize a market, boycotting, or exchanges of price or cost information, customer lists, or information regarding future competitive planning.

(f) Information sharing relationships Nothing in this subchapter shall be construed— to limit or modify an existing information sharing relationship; to prohibit a new information sharing relationship; to require a new information sharing relationship between any non-Federal entity and a Federal entity or another non-Federal entity; or to require the use of the capability and process within the Department of Homeland Security developed under section 1504(c) of this title .

(g) Preservation of contractual obligations and rights Nothing in this subchapter shall be construed— to amend, repeal, or supersede any current or future contractual agreement, terms of service agreement, or other contractual relationship between any non-Federal entities, or between any non-Federal entity and a Federal entity; or to abrogate trade secret or intellectual property rights of any non-Federal entity or Federal entity.

(h) Anti-tasking restriction Nothing in this subchapter shall be construed to permit a Federal entity— to require a non-Federal entity to provide information to a Federal entity or another non-Federal entity; to condition the sharing of cyber threat indicators with a non-Federal entity on such entity’s provision of cyber threat indicators to a Federal entity or another non-Federal entity; or to condition the award of any Federal grant, contract, or purchase on the provision of a cyber threat indicator to a Federal entity or another non-Federal entity.

(i) No liability for non-participation Nothing in this subchapter shall be construed to subject any entity to liability for choosing not to engage in the voluntary activities authorized in this subchapter.

(j) Use and retention of information Nothing in this subchapter shall be construed to authorize, or to modify any existing authority of, a department or agency of the Federal Government to retain or use any information shared under this subchapter for any use other than permitted in this subchapter.

(k) Federal preemption This subchapter supersedes any statute or other provision of law of a State or political subdivision of a State that restricts or otherwise expressly regulates an activity authorized under this subchapter. Nothing in this subchapter shall be construed to supersede any statute or other provision of law of a State or political subdivision of a State concerning the use of authorized law enforcement practices and procedures.

(l) Regulatory authority Nothing in this subchapter shall be construed— to authorize the promulgation of any regulations not specifically authorized to be issued under this subchapter; to establish or limit any regulatory authority not specifically established or limited under this subchapter; or to authorize regulatory actions that would duplicate or conflict with regulatory requirements, mandatory standards, or related processes under another provision of Federal law.

(m) Authority of Secretary of Defense to respond to malicious cyber activity carried out by foreign powers Nothing in this subchapter shall be construed to limit the authority of the Secretary of Defense under section 394 of title 10 .

(n) Criminal prosecution Nothing in this subchapter shall be construed to prevent the disclosure of a cyber threat indicator or defensive measure shared under this subchapter in a case of criminal prosecution, when an applicable provision of Federal, State, tribal, or local law requires disclosure in such case.

§ 1508 Report on cybersecurity threats

(a) Report required Not later than 180 days after December 18, 2015 , the Director of National Intelligence, in coordination with the heads of other appropriate elements of the intelligence community, shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report on cybersecurity threats, including cyber attacks, theft, and data breaches.

(b) Contents The report required by subsection (a) shall include the following: An assessment of the current intelligence sharing and cooperation relationships of the United States with other countries regarding cybersecurity threats, including cyber attacks, theft, and data breaches, directed against the United States and which threaten the United States national security interests and economy and intellectual property, specifically identifying the relative utility of such relationships, which elements of the intelligence community participate in such relationships, and whether and how such relationships could be improved. A list and an assessment of the countries and nonstate actors that are the primary threats of carrying out a cybersecurity threat, including a cyber attack, theft, or data breach, against the United States and which threaten the United States national security, economy, and intellectual property. A description of the extent to which the capabilities of the United States Government to respond to or prevent cybersecurity threats, including cyber attacks, theft, or data breaches, directed against the United States private sector are degraded by a delay in the prompt notification by private entities of such threats or cyber attacks, theft, and data breaches. An assessment of additional technologies or capabilities that would enhance the ability of the United States to prevent and to respond to cybersecurity threats, including cyber attacks, theft, and data breaches. An assessment of any technologies or practices utilized by the private sector that could be rapidly fielded to assist the intelligence community in preventing and responding to cybersecurity threats.

(c) Form of report The report required by subsection (a) shall be made available in classified and unclassified forms.

(d) Intelligence community defined In this section, the term “intelligence community” has the meaning given that term in section 3003 of title 50 .

§ 1509 Exception to limitation on authority of Secretary of Defense to disseminate certain information

Notwithstanding subsection (c)(3) of section 393 of title 10 , the Secretary of Defense may authorize the sharing of cyber threat indicators and defensive measures pursuant to the policies, procedures, and guidelines developed or issued under this subchapter. ( Pub. L. 114–113, div. N, title I, § 110 , Dec. 18, 2015 , 129 Stat. 2956 .)

§ 1510 Effective period

(a) In general Except as provided in subsection (b), this subchapter and the amendments made by this subchapter shall be effective during the period beginning on December 18, 2015 and ending on September 30, 2025 .

(b) Exception With respect to any action authorized by this subchapter or information obtained pursuant to an action authorized by this subchapter, which occurred before the date on which the provisions referred to in subsection (a) cease to have effect, the provisions of this subchapter shall continue in effect.

§ 1521 Definitions

In this subchapter: The term “agency” has the meaning given the term in section 3502 of title 44 . The term “agency information system” has the meaning given the term in section 660 of this title . The term “appropriate congressional committees” means— the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on Homeland Security of the House of Representatives. The terms “cybersecurity risk” and “information system” have the meanings given those terms in section 650 of this title . The term “Director” means the Director of the Office of Management and Budget. The term “intelligence community” has the meaning given the term in section 3003(4) of title 50 . The term “national security system” has the meaning given the term in section 11103 of title 40 . The term “Secretary” means the Secretary of Homeland Security. ( Pub. L. 114–113, div. N, title II, § 222 , Dec. 18, 2015 , 129 Stat. 2963 ; Pub. L. 115–278, § 2(h)(1)(D) , Nov. 16, 2018 , 132 Stat. 4182 ; Pub. L. 117–263, div. G, title LXXI, § 7143(d)(1)(A) , Dec. 23, 2022 , 136 Stat. 3663 .)

§ 1522 Advanced internal defenses

(a) Advanced network security tools The Secretary shall include, in the efforts of the Department to continuously diagnose and mitigate cybersecurity risks, advanced network security tools to improve visibility of network activity, including through the use of commercial and free or open source tools, and to detect and mitigate intrusions and anomalous activity. The Director shall develop and the Secretary shall implement a plan to ensure that each agency utilizes advanced network security tools, including those described in paragraph (1), to detect and mitigate intrusions and anomalous activity.

(b) Prioritizing advanced security tools The Director and the Secretary, in consultation with appropriate agencies, shall— review and update Government-wide policies and programs to ensure appropriate prioritization and use of network security monitoring tools within agency networks; and brief appropriate congressional committees on such prioritization and use.

(c) Improved metrics The Secretary, in collaboration with the Director, shall review and update the metrics used to measure security under section 3554 of title 44 to include measures of intrusion and incident detection and response times.

(d) Transparency and accountability The Director, in consultation with the Secretary, shall increase transparency to the public on agency cybersecurity posture, including by increasing the number of metrics available on Federal Government performance websites and, to the greatest extent practicable, displaying metrics for department components, small agencies, and micro-agencies.

(e) Omitted

(f) Exception The requirements under this section shall not apply to the Department of Defense, a national security system, or an element of the intelligence community.

§ 1523 Federal cybersecurity requirements

(a) Implementation of Federal cybersecurity standards Consistent with section 3553 of title 44 , the Secretary, in consultation with the Director, shall exercise the authority to issue binding operational directives to assist the Director in ensuring timely agency adoption of and compliance with policies and standards promulgated under section 11331 of title 40 1 for securing agency information systems.

(b) Cybersecurity requirements at agencies Consistent with policies, standards, guidelines, and directives on information security under subchapter II of chapter 35 of title 44 and the standards and guidelines promulgated under section 11331 of title 40 and except as provided in paragraph (2), not later than 1 year after December 18, 2015 , the head of each agency shall— identify sensitive and mission critical data stored by the agency consistent with the inventory required under the first subsection (c) (relating to the inventory of major information systems) and the second subsection (c) (relating to the inventory of information systems) of section 3505 of title 44 ; assess access controls to the data described in subparagraph (A), the need for readily accessible storage of the data, and individuals’ need to access the data; encrypt or otherwise render indecipherable to unauthorized users the data described in subparagraph (A) that is stored on or transiting agency information systems; implement a single sign-on trusted identity platform for individuals accessing each public website of the agency that requires user authentication, as developed by the Administrator of General Services in collaboration with the Secretary; and implement identity management consistent with section 7464 of title 15 , including multi-factor authentication, for— remote access to an agency information system; and each user account with elevated privileges on an agency information system. The requirements under paragraph (1) shall not apply to an agency information system for which— the head of the agency has personally certified to the Director with particularity that— operational requirements articulated in the certification and related to the agency information system would make it excessively burdensome to implement the cybersecurity requirement; the cybersecurity requirement is not necessary to secure the agency information system or agency information stored on or transiting it; and the agency has taken all necessary steps to secure the agency information system and agency information stored on or transiting it; and the head of the agency or the designee of the head of the agency has submitted the certification described in subparagraph (A) to the appropriate congressional committees and the agency’s authorizing committees. Nothing in this section shall be construed to alter the authority of the Secretary, the Director, or the Director of the National Institute of Standards and Technology in implementing subchapter II of chapter 35 of title 44. Nothing in this section shall be construed to affect the National Institute of Standards and Technology standards process or the requirement under section 3553(a)(4) of such title or to discourage continued improvements and advancements in the technology, standards, policies, and guidelines used to promote Federal information security.

(c) Exception The requirements under this section shall not apply to the Department of Defense, a national security system, or an element of the intelligence community.

§ 1524 Assessment; reports

(a) Definitions In this section: The term “agency information” has the meaning given the term in section 2213 of the Homeland Security Act of 2002 [ 6 U.S.C. 663 ]. The terms “cyber threat indicator” and “defensive measure” have the meanings given those terms in section 650 of this title . The term “intrusion assessments” means actions taken under the intrusion assessment plan to identify and remove intruders in agency information systems. The term “intrusion assessment plan” means the plan required under section 2210(b)(1) of the Homeland Security Act of 2002 [ 6 U.S.C. 660(b)(1) ]. The term “intrusion detection and prevention capabilities” means the capabilities required under section 2213(b) of the Homeland Security Act of 2002 [ 6 U.S.C. 663(b) ].

(b) Third-party assessment Not later than 3 years after December 18, 2015 , the Comptroller General of the United States shall conduct a study and publish a report on the effectiveness of the approach and strategy of the Federal Government to securing agency information systems, including the intrusion detection and prevention capabilities and the intrusion assessment plan.

(c) Reports to Congress Not later than 6 months after December 18, 2015 , and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the status of implementation of the intrusion detection and prevention capabilities, including— a description of privacy controls; a description of the technologies and capabilities utilized to detect cybersecurity risks in network traffic, including the extent to which those technologies and capabilities include existing commercial and noncommercial technologies; a description of the technologies and capabilities utilized to prevent network traffic associated with cybersecurity risks from transiting or traveling to or from agency information systems, including the extent to which those technologies and capabilities include existing commercial and noncommercial technologies; a list of the types of indicators or other identifiers or techniques used to detect cybersecurity risks in network traffic transiting or traveling to or from agency information systems on each iteration of the intrusion detection and prevention capabilities and the number of each such type of indicator, identifier, and technique; the number of instances in which the intrusion detection and prevention capabilities detected a cybersecurity risk in network traffic transiting or traveling to or from agency information systems and the number of times the intrusion detection and prevention capabilities blocked network traffic associated with cybersecurity risk; and a description of the pilot established under section 2213(c)(5) of the Homeland Security Act of 2002 [ 6 U.S.C. 663(c)(5) ], including the number of new technologies tested and the number of participating agencies. Not later than 18 months after December 18, 2015 , and annually thereafter, the Director shall submit to Congress, as part of the report required under section 3553(c) of title 44 , an analysis of agency application of the intrusion detection and prevention capabilities, including— a list of each agency and the degree to which each agency has applied the intrusion detection and prevention capabilities to an agency information system; and a list by agency of— the number of instances in which the intrusion detection and prevention capabilities detected a cybersecurity risk in network traffic transiting or traveling to or from an agency information system and the types of indicators, identifiers, and techniques used to detect such cybersecurity risks; and the number of instances in which the intrusion detection and prevention capabilities prevented network traffic associated with a cybersecurity risk from transiting or traveling to or from an agency information system and the types of indicators, identifiers, and techniques used to detect such agency information systems. Not earlier than 18 months after December 18, 2015 , and not later than 2 years after December 18, 2015 , the Federal Chief Information Officer shall review and submit to the appropriate congressional committees a report assessing the intrusion detection and intrusion prevention capabilities, including— the effectiveness of the system in detecting, disrupting, and preventing cyber-threat actors, including advanced persistent threats, from accessing agency information and agency information systems; whether the intrusion detection and prevention capabilities, continuous diagnostics and mitigation, and other systems deployed under subtitle D 1 of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 231 et seq.) are effective in securing Federal information systems; the costs and benefits of the intrusion detection and prevention capabilities, including as compared to commercial technologies and tools and including the value of classified cyber threat indicators; and the capability of agencies to protect sensitive cyber threat indicators and defensive measures if they were shared through unclassified mechanisms for use in commercial technologies and tools. The Director shall— not later than 6 months after December 18, 2015 , and 30 days after any update thereto, submit the intrusion assessment plan to the appropriate congressional committees; not later than 1 year after December 18, 2015 , and annually thereafter, submit to Congress, as part of the report required under section 3553(c) of title 44 — a description of the implementation of the intrusion assessment plan; the findings of the intrusion assessments conducted pursuant to the intrusion assessment plan; a description of the advanced network security tools included in the efforts to continuously diagnose and mitigate cybersecurity risks pursuant to section 1522(a)(1) of this title ; and a list by agency of compliance with the requirements of section 1523(b) of this title ; and not later than 1 year after December 18, 2015 , submit to the appropriate congressional committees— a copy of the plan developed pursuant to section 1522(a)(2) of this title ; and the improved metrics developed pursuant to section 1522(c) of this title .

(d) Form Each report required under this section shall be submitted in unclassified form, but may include a classified annex.

§ 1525 Termination

(a) In general The authority provided under section 663 of this title , and the reporting requirements under section 1524(c) of this title shall terminate on September 30, 2025 .

(b) Rule of construction Nothing in subsection (a) shall be construed to affect the limitation of liability of a private entity for assistance provided to the Secretary under section 663(d)(2) 1 of this title, if such assistance was rendered before the termination date under subsection (a) or otherwise during a period in which the assistance was authorized.

§ 1526 Inventory of cryptographic systems; migration to post-quantum cryptography

(a) Inventory Not later than 180 days after December 21, 2022 , the Director of OMB, in coordination with the National Cyber Director and in consultation with the Director of CISA, shall issue guidance on the migration of information technology to post-quantum cryptography, which shall include at a minimum— a requirement for each agency to establish and maintain a current inventory of information technology in use by the agency that is vulnerable to decryption by quantum computers, prioritized using the criteria described in subparagraph (B); criteria to allow agencies to prioritize their inventory efforts; and a description of the information required to be reported pursuant to subsection (b). In the guidance established by paragraph (1), the Director of OMB shall include, in addition to the requirements described in that paragraph— a description of information technology to be prioritized for migration to post-quantum cryptography; and a process for evaluating progress on migrating information technology to post-quantum cryptography, which shall be automated to the greatest extent practicable. The Director of OMB shall update the guidance required under paragraph (1) as the Director of OMB determines necessary, in coordination with the National Cyber Director and in consultation with the Director of CISA.

(b) Agency reports Not later than 1 year after December 21, 2022 , and on an ongoing basis thereafter, the head of each agency shall provide to the Director of OMB, the Director of CISA, and the National Cyber Director— the inventory described in subsection (a)(1); and any other information required to be reported under subsection (a)(1)(C).

(c) Migration and assessment Not later than 1 year after the date on which the Director of NIST has issued post-quantum cryptography standards, the Director of OMB shall issue guidance requiring each agency to— prioritize information technology described under subsection (a)(2)(A) for migration to post-quantum cryptography; and develop a plan to migrate information technology of the agency to post-quantum cryptography consistent with the prioritization under paragraph (1).

(d) Interoperability The Director of OMB shall ensure that the prioritizations made under subsection (c)(1) are assessed and coordinated to ensure interoperability.

(e) Office of Management and Budget reports Not later than 15 months after December 21, 2022 , the Director of OMB, in coordination with the National Cyber Director and in consultation with the Director of CISA, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the following: A strategy to address the risk posed by the vulnerabilities of information technology of agencies to weakened encryption due to the potential and possible capability of a quantum computer to breach that encryption. An estimate of the amount of funding needed by agencies to secure the information technology described in subsection (a)(1)(A) from the risk posed by an adversary of the United States using a quantum computer to breach the encryption of the information technology. A description of Federal civilian executive branch coordination efforts led by the National Institute of Standards and Technology, including timelines, to develop standards for post-quantum cryptography, including any Federal Information Processing Standards developed under chapter 35 of title 44, as well as standards developed through voluntary, consensus standards bodies such as the International Organization for Standardization. Not later than 1 year after the date on which the Director of OMB issues guidance under subsection (c)(2), and thereafter until the date that is 5 years after the date on which post-quantum cryptographic standards are issued, the Director of OMB, in coordination with the National Cyber Director and in consultation with the Director of CISA, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives, with the report submitted pursuant to section 3553(c) of title 44 , a report on the progress of agencies in adopting post-quantum cryptography standards.

§ 1531 Apprehension and prosecution of international cyber criminals

(a) International cyber criminal defined In this section, the term “international cyber criminal” means an individual— who is believed to have committed a cybercrime or intellectual property crime against the interests of the United States or the citizens of the United States; and for whom— an arrest warrant has been issued by a judge in the United States; or an international wanted notice (commonly referred to as a “Red Notice”) has been circulated by Interpol.

(b) Consultations for noncooperation The Secretary of State, or designee, shall consult with the appropriate government official of each country from which extradition is not likely due to the lack of an extradition treaty with the United States or other reasons, in which one or more international cyber criminals are physically present, to determine what actions the government of such country has taken— to apprehend and prosecute such criminals; and to prevent such criminals from carrying out cybercrimes or intellectual property crimes against the interests of the United States or its citizens.

(c) Annual report The Secretary of State shall submit to the appropriate congressional committees an annual report that includes— the number of international cyber criminals located in other countries, disaggregated by country, and indicating from which countries extradition is not likely due to the lack of an extradition treaty with the United States or other reasons; the nature and number of significant discussions by an official of the Department of State on ways to thwart or prosecute international cyber criminals with an official of another country, including the name of each such country; and for each international cyber criminal who was extradited to the United States during the most recently completed calendar year— his or her name; the crimes for which he or she was charged; his or her previous country of residence; and the country from which he or she was extradited into the United States. The report required by this subsection shall be in unclassified form to the maximum extent possible, but may include a classified annex. For purposes of this subsection, the term “appropriate congressional committees” means— the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate; and the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Homeland Security, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives.

§ 1532 Enhancement of emergency services

(a) Collection of data Not later than 90 days after December 18, 2015 , the Secretary of Homeland Security, acting through the center established under section 659 of this title , in coordination with appropriate Federal entities and the Assistant Director for Emergency Communications, shall establish a process by which a Statewide Interoperability Coordinator may report data on any cybersecurity risk or incident involving any information system or network used by emergency response providers (as defined in section 101 of this title ) within the State.

(b) Analysis of data Not later than 1 year after December 18, 2015 , the Secretary of Homeland Security, acting through the Director of the National Cybersecurity and Communications Integration Center, in coordination with appropriate entities and the Assistant Director for Emergency Communications, and in consultation with the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, shall conduct integration and analysis of the data reported under subsection (a) to develop information and recommendations on security and resilience measures for any information system or network used by State emergency response providers.

(c) Best practices Using the results of the integration and analysis conducted under subsection (b), and any other relevant information, the Director of the National Institute of Standards and Technology shall, on an ongoing basis, facilitate and support the development of methods for reducing cybersecurity risks to emergency response providers using the process described in section 272(e) of title 15 . The Director of the National Institute of Standards and Technology shall submit to Congress a report on the result of the activities of the Director under paragraph (1), including any methods developed by the Director under such paragraph, and shall make such report publicly available on the website of the National Institute of Standards and Technology.

(d) Rule of construction Nothing in this section shall be construed to— require a State to report data under subsection (a); or require a non-Federal entity (as defined in section 1501 of this title ) to— adopt a recommended measure developed under subsection (b); or follow the result of the activities carried out under subsection (c), including any methods developed under such subsection.

§ 1533 Improving cybersecurity in the health care industry

(a) Definitions In this section: The term “appropriate congressional committees” means— the Committee on Health, Education, Labor, and Pensions, the Committee on Homeland Security and Governmental Affairs, and the Select Committee on Intelligence of the Senate; and the Committee on Energy and Commerce, the Committee on Homeland Security, and the Permanent Select Committee on Intelligence of the House of Representatives. The term “business associate” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations (as in effect on the day before December 18, 2015 ). The term “covered entity” has the meaning given such term in section 160.103 of title 45, Code of Federal Regulations (as in effect on the day before December 18, 2015 ). The terms “cybersecurity threat”, “cyber threat indicator”, “defensive measure”, “Federal entity”, “non-Federal entity”, and “private entity” have the meanings given such terms in section 1501 of this title . The terms “health care clearinghouse”, “health care provider”, and “health plan” have the meanings given such terms in section 160.103 of title 45, Code of Federal Regulations (as in effect on the day before December 18, 2015 ). The term “health care industry stakeholder” means any— health plan, health care clearinghouse, or health care provider; advocate for patients or consumers; pharmacist; developer or vendor of health information technology; laboratory; pharmaceutical or medical device manufacturer; or additional stakeholder the Secretary determines necessary for purposes of subsection (b)(1), (c)(1), (c)(3), or (d)(1). The term “Secretary” means the Secretary of Health and Human Services.

(b) Report Not later than 1 year after December 18, 2015 , the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the preparedness of the Department of Health and Human Services and health care industry stakeholders in responding to cybersecurity threats. With respect to the internal response of the Department of Health and Human Services to emerging cybersecurity threats, the report under paragraph (1) shall include— a clear statement of the official within the Department of Health and Human Services to be responsible for leading and coordinating efforts of the Department regarding cybersecurity threats in the health care industry; and a plan from each relevant operating division and subdivision of the Department of Health and Human Services on how such division or subdivision will address cybersecurity threats in the health care industry, including a clear delineation of how each such division or subdivision will divide responsibility among the personnel of such division or subdivision and communicate with other such divisions and subdivisions regarding efforts to address such threats.

(c) Health care industry cybersecurity task force Not later than 90 days after December 18, 2015 , the Secretary, in consultation with the Director of the National Institute of Standards and Technology and the Secretary of Homeland Security, shall convene health care industry stakeholders, cybersecurity experts, and any Federal agencies or entities the Secretary determines appropriate to establish a task force to— analyze how industries, other than the health care industry, have implemented strategies and safeguards for addressing cybersecurity threats within their respective industries; analyze challenges and barriers private entities (excluding any State, tribal, or local government) in the health care industry face securing themselves against cyber attacks; review challenges that covered entities and business associates face in securing networked medical devices and other software or systems that connect to an electronic health record; provide the Secretary with information to disseminate to health care industry stakeholders of all sizes for purposes of improving their preparedness for, and response to, cybersecurity threats affecting the health care industry; establish a plan for implementing subchapter I of this chapter, so that the Federal Government and health care industry stakeholders may in real time, share actionable cyber threat indicators and defensive measures; and report to the appropriate congressional committees on the findings and recommendations of the task force regarding carrying out subparagraphs (A) through (E). The task force established under this subsection shall terminate on the date that is 1 year after the date on which such task force is established. Not later than 60 days after the termination of the task force established under this subsection, the Secretary shall disseminate the information described in paragraph (1)(D) to health care industry stakeholders in accordance with such paragraph.

(d) Aligning health care industry security approaches The Secretary shall establish, through a collaborative process with the Secretary of Homeland Security, health care industry stakeholders, the Director of the National Institute of Standards and Technology, and any Federal entity or non-Federal entity the Secretary determines appropriate, a common set of voluntary, consensus-based, and industry-led guidelines, best practices, methodologies, procedures, and processes that— serve as a resource for cost-effectively reducing cybersecurity risks for a range of health care organizations; support voluntary adoption and implementation efforts to improve safeguards to address cybersecurity threats; are consistent with— the standards, guidelines, best practices, methodologies, procedures, and processes developed under section 272(c)(15) of title 15 ; the security and privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note); and the provisions of the Health Information Technology for Economic and Clinical Health Act (title XIII of division A, and title IV of division B, of Public Law 111–5 ), and the amendments made by such Act; and are updated on a regular basis and applicable to a range of health care organizations. Nothing in this subsection shall be interpreted as granting the Secretary authority to— provide for audits to ensure that health care organizations are in compliance with this subsection; or mandate, direct, or condition the award of any Federal grant, contract, or purchase, on compliance with this subsection. Nothing in this section shall be construed to subject a health care industry stakeholder to liability for choosing not to engage in the voluntary activities authorized or guidelines developed under this subsection.

(e) Incorporating ongoing activities In carrying out the activities under this section, the Secretary may incorporate activities that are ongoing as of the day before December 18, 2015 and that are consistent with the objectives of this section.

(f) Rule of construction Nothing in this section shall be construed to limit the antitrust exemption under section 1503(e) of this title or the protection from liability under section 1505 of this title .

§ 1534 Cybercrime

Subject to the availability of appropriations, and in accordance with the comparable level of the General Schedule, the Attorney General and the Secretary of Homeland Security shall provide incentive pay, in an amount that is not more than 25 percent of the basic pay of the individual, to an individual appointed to a position in the Department of Justice (including the Federal Bureau of Investigation) or the Department of Homeland Security (including positions in Homeland Security Investigations), respectively, requiring significant cyber skills, including to aid in— the protection of trafficking victims; the prevention of trafficking in persons; or the prosecution of technology-facilitated crimes against children by buyers or traffickers in persons. ( Pub. L. 117–347, title IV, § 401 , Jan. 5, 2023 , 136 Stat. 6207 .)

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CHAPTER 6 - CYBERSECURITY

CHAPTER 6 - CYBERSECURITY

Sections (21)

§ 1500 National Cyber Director

§ 1501 Definitions

§ 1503 Authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats

§ 1505 Protection from liability

§ 1506 Oversight of government activities

§ 1507 Construction and preemption

§ 1508 Report on cybersecurity threats

§ 1509 Exception to limitation on authority of Secretary of Defense to disseminate certain information

§ 1510 Effective period

§ 1521 Definitions

§ 1522 Advanced internal defenses

§ 1523 Federal cybersecurity requirements

§ 1524 Assessment; reports

§ 1525 Termination

§ 1526 Inventory of cryptographic systems; migration to post-quantum cryptography

§ 1531 Apprehension and prosecution of international cyber criminals

§ 1532 Enhancement of emergency services

§ 1533 Improving cybersecurity in the health care industry

§ 1534 Cybercrime

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Federal • Lex Graph

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CHAPTER 6 - CYBERSECURITY

CHAPTER 6 - CYBERSECURITY

Sections (21)

§ 1500 National Cyber Director

§ 1501 Definitions

§ 1502 Sharing of information by the Federal Government

§ 1503 Authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats

§ 1504 Sharing of cyber threat indicators and defensive measures with the Federal Government

§ 1505 Protection from liability

§ 1506 Oversight of government activities

§ 1507 Construction and preemption

§ 1508 Report on cybersecurity threats

§ 1509 Exception to limitation on authority of Secretary of Defense to disseminate certain information

§ 1510 Effective period

§ 1521 Definitions

§ 1522 Advanced internal defenses

§ 1523 Federal cybersecurity requirements

§ 1524 Assessment; reports

§ 1525 Termination

§ 1526 Inventory of cryptographic systems; migration to post-quantum cryptography

§ 1531 Apprehension and prosecution of international cyber criminals

§ 1532 Enhancement of emergency services

§ 1533 Improving cybersecurity in the health care industry

§ 1534 Cybercrime

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Table of Contents

Backlinks

§ 1500 National Cyber Director

§ 1501 Definitions

§ 1502 Sharing of information by the Federal Government

§ 1503 Authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats

§ 1504 Sharing of cyber threat indicators and defensive measures with the Federal Government

§ 1505 Protection from liability

§ 1506 Oversight of government activities

§ 1507 Construction and preemption

§ 1508 Report on cybersecurity threats

§ 1509 Exception to limitation on authority of Secretary of Defense to disseminate certain information

§ 1510 Effective period

§ 1521 Definitions

§ 1522 Advanced internal defenses

§ 1523 Federal cybersecurity requirements

§ 1524 Assessment; reports

§ 1525 Termination

§ 1526 Inventory of cryptographic systems; migration to post-quantum cryptography

§ 1531 Apprehension and prosecution of international cyber criminals

§ 1532 Enhancement of emergency services

§ 1533 Improving cybersecurity in the health care industry

§ 1534 Cybercrime