1 See References in Text note below.
44 U.S.C. § 3553
REFERENCES IN TEXTSectionof title 40, referred to in subsec. (f), was generally amended by both Pub. L. 107-347 and Pub. L. 107-296. As amended by Pub. L. 107-347 effective Dec. 17, 2002, section of title 40 provided for the prescription by the Secretary of Commerce of standards and guidelines pertaining to Federal information systems. See 2002 Amendment note under that section. As amended by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, section of title 40 provided for the promulgation by the Director of the Office of Management and Budget of information security standards pertaining to Federal information systems.Section 230(b)(1) of the Homeland Security Act of 2002, referred to in subsec. (h)(3)(A), is section 230(b)(1) of title II of Pub. L. 107-296 as added by Pub. L. 114-113, div. N, title II, §223(a)(6), Dec. 18, 2015, 129 Stat. 2964, which was redesignated section 2213(b)(1) of Pub. L. 107-296 by section 2(g)(2)(I), Nov. 16, 2018 of Pub. L. 115-278, 132 Stat. 4178, and is classified to section of Title 6, Domestic Security.
PRIOR PROVISIONSProvisions similar to this section were contained in sections 3533 and 3543 of this title prior to repeal by Pub. L. 113-283.
AMENDMENTS2019-Subsecs. (j), (k). Pub. L. 116-92 added subsec. (j) and redesignated former subsec. (j) as (k).2018-Subsec. (a)(5). Pub. L. 115-390 inserted "and sectionof title 41" after "compliance with the requirements of this subchapter".2015-Subsec. (b)(6)(B). Pub. L. 114-113, §224(e), inserted ", operating, and maintaining" after "deploying".Subsecs. (h) to (j). Pub. L. 114-113, §229(a), added subsecs. (h) to (j).
CHANGE OF NAMECommittee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019.
EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115-390 effective 90 days after Dec. 21, 2018, see section 205 of Pub. L. 115-390 set out as an Effective Date note under sectionof this title.
CONSTRUCTIONPub. L. 115-390, title II, §204(b), Dec. 21, 2018, 132 Stat. 5193, provided that: "Nothing in this title [see section 201 of Pub. L. 115-390 set out as a Short Title of 2018 note under sectionof Title 41, Public Contracts] shall be construed to alter or impede any authority or responsibility under section 3553 of title 44, United States Code."
BREACHES Pub. L. 113-283, §2(d), Dec. 18, 2014, 128 Stat. 3085, provided that:"(1) REQUIREMENTS.-The Director of the Office of Management and Budget shall ensure that data breach notification policies and guidelines are updated periodically and require-"(A) except as provided in paragraph (4), notice by the affected agency to each committee of Congress described in sectionof title 44, United States Code, as added by subsection (a), the Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of Representatives, which shall-"(i) be provided expeditiously and not later than 30 days after the date on which the agency discovered the unauthorized acquisition or access; and"(ii) include-"(I) information about the breach, including a summary of any information that the agency knows on the date on which notification is provided about how the breach occurred;"(II) an estimate of the number of individuals affected by the breach, based on information that the agency knows on the date on which notification is provided, including an assessment of the risk of harm to affected individuals;"(III) a description of any circumstances necessitating a delay in providing notice to affected individuals; and"(IV) an estimate of whether and when the agency will provide notice to affected individuals; and"(B) notice by the affected agency to affected individuals, pursuant to data breach notification policies and guidelines, which shall be provided as expeditiously as practicable and without unreasonable delay after the agency discovers the unauthorized acquisition or access."(2) NATIONAL SECURITY; LAW ENFORCEMENT; REMEDIATION.-The Attorney General, the head of an element of the intelligence community (as such term is defined under section 3(4) of the National Security Act of 1947 ( ), or the Secretary of Homeland Security may delay the notice to affected individuals under paragraph (1)(B) if the notice would disrupt a law enforcement investigation, endanger national security, or hamper security remediation actions."(3) REPORTS.-"(A) DIRECTOR OF OMB.-During the first 2 years beginning after the date of enactment of this Act [Dec. 18, 2014], the Director of the Office of Management and Budget shall, on an annual basis- "(i) assess agency implementation of data breach notification policies and guidelines in aggregate; and"(ii) include the assessment described in clause (i) in the report required under section of title 44, United States Code."(B) SECRETARY OF HOMELAND SECURITY.-During the first 2 years beginning after the date of enactment of this Act, the Secretary of Homeland Security shall include an assessment of the status of agency implementation of data breach notification policies and guidelines in the requirements under section of title 44, United States Code."(4) EXCEPTION.-Any element of the intelligence community (as such term is defined under section 3(4) of the National Security Act of 1947 ( ) that is required to provide notice under paragraph (1)(A) shall only provide such notice to appropriate committees of Congress."(5) RULE OF CONSTRUCTION.-Nothing in paragraph (1) shall be construed to alter any authority of a Federal agency or department."Similar provisions were contained in Pub. L. 113-282, §7(b), Dec. 18, 2014, 128 Stat. 3071.