6 U.S.C. § 671

Download

PDF

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 671 - Definitions

In this part:

(1) Agency

The term "agency" has the meaning given it in section 551 of title 5.

(2) Covered Federal agency

The term "covered Federal agency" means the Department of Homeland Security.

(3) Critical infrastructure information

The term "critical infrastructure information" has the meaning given the term in section 650 of this title.

(4) Critical infrastructure protection program

The term "critical infrastructure protection program" means any component or bureau of a covered Federal agency that has been designated by the President or any agency head to receive critical infrastructure information.

(5) Protected system

The term "protected system"-

(A) means any service, physical or computer-based system, process, or procedure that directly or indirectly affects the viability of a facility of critical infrastructure; and

(B) includes any physical or computer-based system, including a computer, computer system, computer or communications network, or any component hardware or element thereof, software program, processing instructions, or information or data in transmission or storage therein, irrespective of the medium of transmission or storage.

(6) Voluntary

(A) In general

The term "voluntary", in the case of any submittal of critical infrastructure information to a covered Federal agency, means the submittal thereof in the absence of such agency's exercise of legal authority to compel access to or submission of such information and may be accomplished by a single entity or an Information Sharing and Analysis Organization on behalf of itself or its members.

(B) Exclusions

The term "voluntary"-

(i) in the case of any action brought under the securities laws as is defined in section 78c(a)(47) of title 15-

(I) does not include information or statements contained in any documents or materials filed with the Securities and Exchange Commission, or with Federal banking regulators, pursuant to section 78l(i) of title 15; and

(II) with respect to the submittal of critical infrastructure information, does not include any disclosure or writing that when made accompanied the solicitation of an offer or a sale of securities; and

(ii) does not include information or statements submitted or relied upon as a basis for making licensing or permitting determinations, or during regulatory proceedings.

6 U.S.C. § 671

Pub. L. 107-296, title XXII, §2222, formerly title II, §212, Nov. 25, 2002, 116 Stat. 2150; Pub. L. 114-113, div. N, title II, §204, Dec. 18, 2015, 129 Stat. 2961; renumbered title XXII, §2222, and amended Pub. L. 115-278, §2(g)(2)(H), (9) (B)(i), Nov. 16, 2018, 132 Stat. 4178, 4181; Pub. L. 117-263, div. G, title LXXI, §7143(b)(2)(M), Dec. 23, 2022, 136 Stat. 3661.

EDITORIAL NOTES

CODIFICATIONSection was formerly classified to section 131 of this title prior to renumbering by Pub. L. 115-278.

AMENDMENTS2022-Par. (3). Pub. L. 117-263, §7143(b)(2)(M)(i), added par. (3) and struck out former par. (3) which defined critical infrastructure information.Pars. (5) to (8). Pub. L. 117-263, §7143(b)(2)(M)(ii), (iii), redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out former pars. (5) and (8) which defined Information Sharing and Analysis Organization and cybersecurity risk and incident, respectively.2018-Par. (8). Pub. L. 115-278, §2(g)(9)(B)(i), substituted "section 659 of this title" for "section 148 of this title".2015-Par. (5)(A). Pub. L. 114-113, §204(1)(A), inserted ", including information related to cybersecurity risks and incidents," after "critical infrastructure information" and ", including cybersecurity risks and incidents," after "related to critical infrastructure".Par. (5)(B). Pub. L. 114-113, §204(1)(B), inserted ", including cybersecurity risks and incidents," after "critical infrastructure information" and ", including cybersecurity risks and incidents," after "related to critical infrastructure".Par. (5)(C). Pub. L. 114-113, §204(1)(C), inserted ", including cybersecurity risks and incidents," after "critical infrastructure information".Par. (8). Pub. L. 114-113, §204(2), added par. (8).

STATUTORY NOTES AND RELATED SUBSIDIARIES

SHORT TITLEFor short title of this part as the "Critical Infrastructure Information Act of 2002", see section 2221 of Pub. L. 107-296 set out as a note under section 101 of this title.

PROHIBITION ON NEW REGULATORY AUTHORITY Pub. L. 114-113, div. N, title II, §210, Dec. 18, 2015, 129 Stat. 2962, provided that: "Nothing in this subtitle [subtitle A (§§201-211) of title II of div. N of Pub. L. 114-113 see Short Title of 2015 Amendment note set out under section 101 of this title] or the amendments made by this subtitle may be construed to grant the Secretary any authority to promulgate regulations or set standards relating to the cybersecurity of non-Federal entities, not including State, local, and tribal governments, that was not in effect on the day before the date of enactment of this Act [Dec. 18, 2015]."

DEFINITIONS Pub. L. 114-113, div. N, title II, §202, Dec. 18, 2015, 129 Stat. 2956, as amended by Pub. L. 115-278, §2(h)(1)(A), Nov. 16, 2018, 132 Stat. 4181, provided that: "In this subtitle [subtitle A (§§201-211) of title II of div. N of Pub. L. 114-113 see Short Title of 2015 Amendment note set out under section 101 of this title]:"(1) APPROPRIATE CONGRESSIONAL COMMITTEES.-The term 'appropriate congressional committees' means-"(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and"(B) the Committee on Homeland Security of the House of Representatives."(2) CYBERSECURITY RISK; INCIDENT.-The terms 'cybersecurity risk' and 'incident' have the meanings given those terms in section 2209 of the Homeland Security Act of 2002 [6 U.S.C. 659] [see now 6 U.S.C. 650] ."(3) CYBER THREAT INDICATOR; DEFENSIVE MEASURE.-The terms 'cyber threat indicator' and 'defensive measure' have the meanings given those terms in section 102 [6 U.S.C. 1501] ."(4) DEPARTMENT.-The term 'Department' means the Department of Homeland Security."(5) SECRETARY.-The term 'Secretary' means the Secretary of Homeland Security."

Department: The term "Department" means the Department of Homeland Security.
Secretary: The term "Secretary" means the Secretary of Homeland Security.
State: The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.
Agency: the term "Agency" means the Federal Emergency Management Agency;