6 U.S.C. § 659 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 659: National cybersecurity and communications integration center
National cybersecurity and communications integration center
Status: in_force

(a) Definition

The term "cybersecurity vulnerability" has the meaning given the term "security vulnerability" in section 650 of this title.

(b) Center

There is in the Department a national cybersecurity and communications integration center (referred to in this section as the "Center") to carry out certain responsibilities of the Director. The Center shall be located in the Cybersecurity and Infrastructure Security Agency. The head of the Center shall report to the Executive Assistant Director for Cybersecurity.

(c) Functions

The cybersecurity functions of the Center shall include—

(1) being a Federal civilian interface for the multi-directional and cross-sector sharing of information related to cyber threat indicators, defensive measures, cybersecurity risks, incidents, analysis, and warnings for Federal and non-Federal entities, including the implementation of title I of the Cybersecurity Act of 2015 [6 U.S.C. 1501 et seq.];

(2) providing shared situational awareness to enable real-time, integrated, and operational actions across the Federal Government and non-Federal entities to address cybersecurity risks and incidents to Federal and non-Federal entities;

(3) coordinating the sharing of information related to cyber threat indicators, defensive measures, cybersecurity risks, and incidents across the Federal Government;

(4) facilitating cross-sector coordination to address cybersecurity risks and incidents, including cybersecurity risks and incidents that may be related or could have consequential impacts across multiple sectors;

(5)(A) conducting integration and analysis, including cross-sector integration and analysis, of cyber threat indicators, defensive measures, cybersecurity risks, and incidents;

(B) sharing mitigation protocols to counter cybersecurity vulnerabilities pursuant to subsection (n), as appropriate; and

(C) sharing the analysis conducted under subparagraph (A) and mitigation protocols to counter cybersecurity vulnerabilities in accordance with subparagraph (B), as appropriate, with Federal and non-Federal entities;

(6) upon request, providing operational and timely technical assistance, risk management support, and incident response capabilities to Federal and non-Federal entities with respect to cyber threat indicators, defensive measures, cybersecurity risks, and incidents, which may include attribution, mitigation, and remediation, which may take the form of continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions;

(7) providing information and recommendations on security and resilience measures to Federal and non-Federal entities, including information and recommendations to—

(A) facilitate information security;

(B) strengthen information systems against cybersecurity risks and incidents; and

(C) share cyber threat indicators and defensive measures;

(8) engaging with international partners, in consultation with other appropriate agencies, to—

(A) collaborate on cyber threat indicators, defensive measures, and information related to cybersecurity risks and incidents; and

(B) enhance the security and resilience of global cybersecurity;

(9) sharing cyber threat indicators, defensive measures, mitigation protocols to counter cybersecurity vulnerabilities, as appropriate, and other information related to cybersecurity risks and incidents with Federal and non-Federal entities, including across sectors of critical infrastructure and with State and major urban area fusion centers, as appropriate;

(10) participating, as appropriate, in national exercises run by the Department;

(11) in coordination with the Emergency Communications Division of the Department, assessing and evaluating consequence, vulnerability, and threat information regarding cyber incidents to public safety communications to help facilitate continuous improvements to the security and resiliency of such communications;

(12) detecting, identifying, and receiving information for a cybersecurity purpose about security vulnerabilities relating to critical infrastructure in information systems and devices; and

(13) receiving, aggregating, and analyzing reports related to covered cyber incidents (as defined in section 681 of this title) submitted by covered entities (as defined in section 681 of this title) and reports related to ransom payments (as defined in section 681 of this title) submitted by covered entities (as defined in section 681 of this title) in furtherance of the activities specified in sections 652(e), 653, and 681a of this title, this subsection, and any other authorized activity of the Director, to enhance the situational awareness of cybersecurity threats across critical infrastructure sectors.

(d) Composition

(1) In general

The Center shall be composed of—

(A) appropriate representatives of Federal entities, such as—

(i) sector-specific agencies;

(ii) civilian and law enforcement agencies; and

(iii) elements of the intelligence community;

(B) appropriate representatives of non-Federal entities, such as—

(i) State, local, and tribal governments;

(ii) Information Sharing and Analysis Organizations, including information sharing and analysis centers;

(iii) owners and operators of critical information systems; and

(iv) private entities, including cybersecurity specialists;

(C) components within the Center that carry out cybersecurity and communications activities;

(D) a designated Federal official for operational coordination with and across each sector;

(E) an entity that collaborates with State and local governments, including an entity that collaborates with election officials, on cybersecurity risks and incidents, and has entered into a voluntary information sharing relationship with the Center; and

(F) other appropriate representatives or entities, as determined by the Secretary.

(2) Incidents

In the event of an incident, during exigent circumstances the Secretary may grant a Federal or non-Federal entity immediate temporary access to the Center.

(e) Principles

In carrying out the functions under subsection (c), the Center shall ensure—

(1) to the extent practicable, that—

(A) timely, actionable, and relevant cyber threat indicators, defensive measures, and information related to cybersecurity risks, incidents, and analysis is shared;

(B) when appropriate, cyber threat indicators, defensive measures, and information related to cybersecurity risks, incidents, and analysis is integrated with other relevant information and tailored to the specific characteristics of a sector;

(C) activities are prioritized and conducted based on the level of risk;

(D) industry sector-specific, academic, and national laboratory expertise is sought and receives appropriate consideration;

(E) continuous, collaborative, and inclusive coordination occurs—

(i) across sectors; and

(ii) with—

(I) sector coordinating councils;

(II) Information Sharing and Analysis Organizations; and

(III) other appropriate non-Federal partners;

(F) as appropriate, the Center works to develop and use mechanisms for sharing information related to cyber threat indicators, defensive measures, cybersecurity risks, and incidents that are technology-neutral, interoperable, real-time, cost-effective, and resilient;

(G) the Center works with other agencies to reduce unnecessarily duplicative sharing of information related to cyber threat indicators, defensive measures, cybersecurity risks, and incidents;

(H) the Center designates an agency contact for non-Federal entities; and

(I) activities of the Center address the security of both information technology and operational technology, including industrial control systems;

(2) that information related to cyber threat indicators, defensive measures, cybersecurity risks, and incidents is appropriately safeguarded against unauthorized access or disclosure; and

(3) that activities conducted by the Center comply with all policies, regulations, and laws that protect the privacy and civil liberties of United States persons, including by working with the Privacy Officer appointed under section 142 of this title to ensure that the Center follows the policies and procedures specified in subsections (b) and (d)(5)(C) of section 105 of the Cybersecurity Act of 2015 [6 U.S.C. 1504].

(f) Cyber hunt and incident response teams

(1) In general

The Center shall maintain cyber hunt and incident response teams for the purpose of leading Federal asset response activities and providing timely technical assistance to Federal and non-Federal entities, including across all critical infrastructure sectors, regarding actual or potential security incidents, as appropriate and upon request, including—

(A) assistance to asset owners and operators in restoring services following a cyber incident;

(B) identification and analysis of cybersecurity risk and unauthorized cyber activity;

(C) mitigation strategies to prevent, deter, and protect against cybersecurity risks;

(D) recommendations to asset owners and operators for improving overall network and control systems security to lower cybersecurity risks, and other recommendations, as appropriate; and

(E) such other capabilities as the Secretary determines appropriate.

(2) Associated metrics

The Center shall—

(A) define the goals and desired outcomes for each cyber hunt and incident response team; and

(B) develop metrics—

(i) to measure the effectiveness and efficiency of each cyber hunt and incident response team in achieving the goals and desired outcomes defined under subparagraph (A); and

(ii) that—

(I) are quantifiable and actionable; and

(II) the Center shall use to improve the effectiveness and accountability of, and service delivery by, cyber hunt and incident response teams.

(3) Cybersecurity specialists

After notice to, and with the approval of, the entity requesting action by or technical assistance from the Center, the Secretary may include cybersecurity specialists from the private sector on a cyber hunt and incident response team.

(g) No right or benefit

(1) In general

The provision of assistance or information to, and inclusion in the Center, or any team or activity of the Center, of, governmental or private entities under this section shall be at the sole and unreviewable discretion of the Director.

(2) Certain assistance or information

The provision of certain assistance or information to, or inclusion in the Center, or any team or activity of the Center, of, one governmental or private entity pursuant to this section shall not create a right or benefit, substantive or procedural, to similar assistance or information for any other governmental or private entity.

(h) Automated information sharing

(1) In general

The Director, in coordination with industry and other stakeholders, shall develop capabilities making use of existing information technology industry standards and best practices, as appropriate, that support and rapidly advance the development, adoption, and implementation of automated mechanisms for the sharing of cyber threat indicators and defensive measures in accordance with title I of the Cybersecurity Act of 2015 [6 U.S.C. 1501 et seq.].

(2) Annual report

The Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives an annual report on the status and progress of the development of the capabilities described in paragraph (1). Such reports shall be required until such capabilities are fully implemented.

(i) Voluntary information sharing procedures

(1) Procedures

(A) In general

The Center may enter into a voluntary information sharing relationship with any consenting non-Federal entity for the sharing of cyber threat indicators and defensive measures for cybersecurity purposes in accordance with this section. Nothing in this subsection may be construed to require any non-Federal entity to enter into any such information sharing relationship with the Center or any other entity. The Center may terminate a voluntary information sharing relationship under this subsection, at the sole and unreviewable discretion of the Secretary, acting through the Director, for any reason, including if the Center determines that the non-Federal entity with which the Center has entered into such a relationship has violated the terms of this subsection.

(B) National security

The Secretary may decline to enter into a voluntary information sharing relationship under this subsection, at the sole and unreviewable discretion of the Secretary, acting through the Director, for any reason, including if the Secretary determines that such is appropriate for national security.

(2) Voluntary information sharing relationships

A voluntary information sharing relationship under this subsection may be characterized as an agreement described in this paragraph.

(A) Standard agreement

For the use of a non-Federal entity, the Center shall make available a standard agreement, consistent with this section, on the Department's website.

(B) Negotiated agreement

At the request of a non-Federal entity, and if determined appropriate by the Center, at the sole and unreviewable discretion of the Secretary, acting through the Director, the Department shall negotiate a non-standard agreement, consistent with this section.

(C) Existing agreements

An agreement between the Center and a non-Federal entity that is entered into before December 18, 2015, or such an agreement that is in effect before such date, shall be deemed in compliance with the requirements of this subsection, notwithstanding any other provision or requirement of this subsection. An agreement under this subsection shall include the relevant privacy protections as in effect under the Cooperative Research and Development Agreement for Cybersecurity Information Sharing and Collaboration, as of December 31, 2014. Nothing in this subsection may be construed to require a non-Federal entity to enter into either a standard or negotiated agreement to be in compliance with this subsection.

(j) Direct reporting

The Secretary shall develop policies and procedures for direct reporting to the Secretary by the Director of the Center regarding significant cybersecurity risks and incidents.

(k) Reports on international cooperation

Not later than 180 days after December 18, 2015, and periodically thereafter, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the range of efforts underway to bolster cybersecurity collaboration with relevant international partners in accordance with subsection (c)(8).

(l) Outreach

Not later than 60 days after December 18, 2015, the Secretary, acting through the Director, shall—

(1) disseminate to the public information about how to voluntarily share cyber threat indicators and defensive measures with the Center; and

(2) enhance outreach to critical infrastructure owners and operators for purposes of such sharing.

(m) Cybersecurity outreach

(1) In general

The Secretary may leverage small business development centers to provide assistance to small business concerns by disseminating information on cyber threat indicators, defense measures, cybersecurity risks, incidents, analyses, and warnings to help small business concerns in developing or enhancing cybersecurity infrastructure, awareness of cyber threat indicators, and cyber training programs for employees.

(2) Definitions

For purposes of this subsection, the terms "small business concern" and "small business development center" have the meaning given such terms, respectively, under section 632 of title 15.

(n) Coordinated vulnerability disclosure

The Secretary, in coordination with industry and other stakeholders, may develop and adhere to Department policies and procedures for coordinating vulnerability disclosures.

(o) Protocols to counter certain cybersecurity vulnerabilities

The Director may, as appropriate, identify, develop, and disseminate actionable protocols to mitigate cybersecurity vulnerabilities to information systems and industrial control systems, including in circumstances in which such vulnerabilities exist because software or hardware is no longer supported by a vendor.

(p) Subpoena authority

(1) Definition

In this subsection, the term "covered device or system"—

(A) means a device or system commonly used to perform industrial, commercial, scientific, or governmental functions or processes that relate to critical infrastructure, including operational and industrial control systems, distributed control systems, and programmable logic controllers; and

(B) does not include personal devices and systems, such as consumer mobile devices, home computers, residential wireless routers, or residential internet enabled consumer devices.

(2) Authority

(A) In general

If the Director identifies a system connected to the internet with a specific security vulnerability and has reason to believe such security vulnerability relates to critical infrastructure and affects a covered device or system, and the Director is unable to identify the entity at risk that owns or operates such covered device or system, the Director may issue a subpoena for the production of information necessary to identify and notify such entity at risk, in order to carry out a function authorized under subsection (c)(12).

(B) Limit on information

A subpoena issued pursuant to subparagraph (A) may seek information—

(i) only in the categories set forth in subparagraphs (A), (B), (D), and (E) of section 2703(c)(2) of title 18; and

(ii) for not more than 20 covered devices or systems.

(C) Liability protections for disclosing providers

The provisions of section 2703(e) of title 18, shall apply to any subpoena issued pursuant to subparagraph (A).

(3) Coordination

(A) In general

If the Director exercises the subpoena authority under this subsection, and in the interest of avoiding interference with ongoing law enforcement investigations, the Director shall coordinate the issuance of any such subpoena with the Department of Justice, including the Federal Bureau of Investigation, pursuant to interagency procedures which the Director, in coordination with the Attorney General, shall develop not later than 60 days after January 1, 2021.

(B) Contents

The inter-agency procedures developed under this paragraph shall provide that a subpoena issued by the Director under this subsection shall be—

(i) issued to carry out a function described in subsection (c)(12); and

(ii) subject to the limitations specified in this subsection.

(4) Noncompliance

If any person, partnership, corporation, association, or entity fails to comply with any duly served subpoena issued pursuant to this subsection, the Director may request that the Attorney General seek enforcement of such subpoena in any judicial district in which such person, partnership, corporation, association, or entity resides, is found, or transacts business.

(5) Notice

Not later than seven days after the date on which the Director receives information obtained through a subpoena issued pursuant to this subsection, the Director shall notify any entity identified by information obtained pursuant to such subpoena regarding such subpoena and the identified vulnerability.

(6) Authentication

(A) In general

Any subpoena issued pursuant to this subsection shall be authenticated with a cryptographic digital signature of an authorized representative of the Agency, or other comparable successor technology, that allows the Agency to demonstrate that such subpoena was issued by the Agency and has not been altered or modified since such issuance.

(B) Invalid if not authenticated

Any subpoena issued pursuant to this subsection that is not authenticated in accordance with subparagraph (A) shall not be considered to be valid by the recipient of such subpoena.

(7) Procedures

Not later than 90 days after January 1, 2021, the Director shall establish internal procedures and associated training, applicable to employees and operations of the Agency, regarding subpoenas issued pursuant to this subsection, which shall address the following:

(A) The protection of and restriction on dissemination of nonpublic information obtained through such a subpoena, including a requirement that the Agency not disseminate nonpublic information obtained through such a subpoena that identifies the party that is subject to such subpoena or the entity at risk identified by information obtained, except that the Agency may share the nonpublic information with the Department of Justice for the purpose of enforcing such subpoena in accordance with paragraph (4), and may share with a Federal agency the nonpublic information of the entity at risk if—

(i) the Agency identifies or is notified of a cybersecurity incident involving such entity, which relates to the vulnerability which led to the issuance of such subpoena;

(ii) the Director determines that sharing the nonpublic information with another Federal department or agency is necessary to allow such department or agency to take a law enforcement or national security action, consistent with the interagency procedures under paragraph (3)(A), or actions related to mitigating or otherwise resolving such incident;

(iii) the entity to which the information pertains is notified of the Director's determination, to the extent practicable consistent with national security or law enforcement interests, consistent with such interagency procedures; and

(iv) the entity consents, except that the entity's consent shall not be required if another Federal department or agency identifies the entity to the Agency in connection with a suspected cybersecurity incident.

(B) The restriction on the use of information obtained through such a subpoena for a cybersecurity purpose.

(C) The retention and destruction of nonpublic information obtained through such a subpoena, including—

(i) destruction of such information that the Director determines is unrelated to critical infrastructure immediately upon providing notice to the entity pursuant to paragraph (5); and

(ii) destruction of any personally identifiable information not later than 6 months after the date on which the Director receives information obtained through such a subpoena, unless otherwise agreed to by the individual identified by the subpoena respondent.

(D) The processes for providing notice to each party that is subject to such a subpoena and each entity identified by information obtained under such a subpoena.

(E) The processes and criteria for conducting critical infrastructure security risk assessments to determine whether a subpoena is necessary prior to being issued pursuant to this subsection.

(F) The information to be provided to an entity at risk at the time of the notice of the vulnerability, which shall include—

(i) a discussion or statement that responding to, or subsequent engagement with, the Agency, is voluntary; and

(ii) to the extent practicable, information regarding the process through which the Director identifies security vulnerabilities.

(8) Limitation on procedures

The internal procedures established pursuant to paragraph (7) may not require an owner or operator of critical infrastructure to take any action as a result of a notice of vulnerability made pursuant to this chapter.

(9) Review of procedures

Not later than 1 year after January 1, 2021, the Privacy Officer of the Agency shall—

(A) review the internal procedures established pursuant to paragraph (7) to ensure that—

(i) such procedures are consistent with fair information practices; and

(ii) the operations of the Agency comply with such procedures; and

(B) notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives of the results of the review under subparagraph (A).

(10) Publication of information

Not later than 120 days after establishing the internal procedures under paragraph (7), the Director shall publish information on the website of the Agency regarding the subpoena process under this subsection, including information regarding the following:

(A) Such internal procedures.

(B) The purpose for subpoenas issued pursuant to this subsection.

(C) The subpoena process.

(D) The criteria for the critical infrastructure security risk assessment conducted prior to issuing a subpoena.

(E) Policies and procedures on retention and sharing of data obtained by subpoenas.

(F) Guidelines on how entities contacted by the Director may respond to notice of a subpoena.

(11) Annual reports

The Director shall annually submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report (which may include a classified annex but with the presumption of declassification) on the use of subpoenas issued pursuant to this subsection, which shall include the following:

(A) A discussion of the following:

(i) The effectiveness of the use of such subpoenas to mitigate critical infrastructure security vulnerabilities.

(ii) The critical infrastructure security risk assessment process conducted for subpoenas issued under this subsection.

(iii) The number of subpoenas so issued during the preceding year.

(iv) To the extent practicable, the number of vulnerable covered devices or systems mitigated under this subsection by the Agency during the preceding year.

(v) The number of entities notified by the Director under this subsection, and their responses, during the preceding year.

(B) For each subpoena issued pursuant to this subsection, the following:

(i) Information relating to the source of the security vulnerability detected, identified, or received by the Director.

(ii) Information relating to the steps taken to identify the entity at risk prior to issuing the subpoena.

(iii) A description of the outcome of the subpoena, including discussion on the resolution or mitigation of the critical infrastructure security vulnerability.

(12) Publication of the annual reports

The Director shall publish a version of the annual report required under paragraph (11) on the website of the Agency, which shall, at a minimum, include the findings described in clauses (iii), (iv), and (v) of subparagraph (A) of such paragraph.

(13) Prohibition on use of information for unauthorized purposes

Any information obtained pursuant to a subpoena issued under this subsection may not be provided to any other Federal department or agency for any purpose other than a cybersecurity purpose or for the purpose of enforcing a subpoena issued pursuant to this subsection.

(q) Industrial control systems

The Director shall maintain capabilities to identify and address threats and vulnerabilities to products and technologies intended for use in the automated control of critical infrastructure processes. In carrying out this subsection, the Director shall—

(1) lead Federal Government efforts, in consultation with Sector Risk Management Agencies, as appropriate, to identify and mitigate cybersecurity threats to industrial control systems, including supervisory control and data acquisition systems;

(2) maintain threat hunting and incident response capabilities to respond to industrial control system cybersecurity risks and incidents;

(3) provide cybersecurity technical assistance to industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control system stakeholders to identify, evaluate, assess, and mitigate vulnerabilities;

(4) collect, coordinate, and provide vulnerability information to the industrial control systems community by, as appropriate, working closely with security researchers, industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control systems stakeholders; and

(5) conduct such other efforts and assistance as the Secretary determines appropriate.

(r) Coordination on cybersecurity for SLTT entities

(1) 1 Coordination

The Center shall, upon request and to the extent practicable, and in coordination as appropriate with Federal and non-Federal entities, such as the Multi-State Information Sharing and Analysis Center—

(A) conduct exercises with SLTT entities;

(B) provide operational and technical cybersecurity training to SLTT entities to address cybersecurity risks or incidents, with or without reimbursement, related to—

(i) cyber threat indicators;

(ii) defensive measures;

(iii) cybersecurity risks;

(iv) vulnerabilities; and

(v) incident response and management;

(C) in order to increase situational awareness and help prevent incidents, assist SLTT entities in sharing, in real time, with the Federal Government as well as among SLTT entities, actionable—

(i) cyber threat indicators;

(ii) defensive measures;

(iii) information about cybersecurity risks; and

(iv) information about incidents;

(D) provide SLTT entities notifications containing specific incident and malware information that may affect them or their residents;

(E) provide to, and periodically update, SLTT entities via an easily accessible platform and other means—

(i) information about tools;

(ii) information about products;

(iii) resources;

(iv) policies;

(v) guidelines;

(vi) controls; and

(vii) other cybersecurity standards and best practices and procedures related to information security, including, as appropriate, information produced by other Federal agencies;

(F) work with senior SLTT entity officials, including chief information officers and senior election officials and through national associations, to coordinate the effective implementation by SLTT entities of tools, products, resources, policies, guidelines, controls, and procedures related to information security to secure the information systems, including election systems, of SLTT entities;

(G) provide operational and technical assistance to SLTT entities to implement tools, products, resources, policies, guidelines, controls, and procedures on information security;

(H) assist SLTT entities in developing policies and procedures for coordinating vulnerability disclosures consistent with international and national standards in the information technology industry; and

(I) promote cybersecurity education and awareness through engagements with Federal agencies and non-Federal entities.

(s) Report

Not later than 1 year after June 21, 2022, and every 2 years thereafter, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the services and capabilities that the Agency directly and indirectly provides to SLTT entities.

(Pub. L. 107–296, title XXII, §2209, formerly title II, §227, formerly §226, as added Pub. L. 113–282, §3(a), Dec. 18, 2014, 128 Stat. 3066; renumbered §227 and amended Pub. L. 114–113, div. N, title II, §§203, 223(a)(3), Dec. 18, 2015, 129 Stat. 2957, 2963; Pub. L. 114–328, div. A, title XVIII, §1841(b), Dec. 23, 2016, 130 Stat. 2663; renumbered title XXII, §2209, and amended Pub. L. 115–278, §2(g)(2)(I), (9)(A)(iii), Nov. 16, 2018, 132 Stat. 4178, 4180; Pub. L. 116–94, div. L, §102(a), Dec. 20, 2019, 133 Stat. 3089; Pub. L. 116–283, div. A, title XVII, §1716(a), Jan. 1, 2021, 134 Stat. 4094; Pub. L. 117–81, div. A, title XV, §§1541(a), 1542, 1548(c), Dec. 27, 2021, 135 Stat. 2054, 2056, 2063; Pub. L. 117–103, div. Y, §103(a)(1), Mar. 15, 2022, 136 Stat. 1038; Pub. L. 117–150, §2(2), June 21, 2022, 136 Stat. 1295; Pub. L. 117–263, div. G, title LXXI, §7143(b)(2)(D), Dec. 23, 2022, 136 Stat. 3659.)

Editorial Notes

References in Text

Title I of the Cybersecurity Act of 2015, referred to in subsecs. (c)(1) and (h)(1), is title I of Pub. L. 114–113, div. N, Dec. 18, 2015, 129 Stat. 2936, also known as the Cybersecurity Information Sharing Act of 2015, which is classified generally to subchapter I of chapter 6 of this title. For complete classification of title I to the Code, see Short Title note set out under section 1501 of this title and Tables.

This chapter, referred to in subsec. (p)(8), was in the original "this Act", meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

Codification

Section was formerly classified to section 148 of this title prior to renumbering by Pub. L. 115–278.

Amendments

2022—Subsec. (a). Pub. L. 117–263, §7143(b)(2)(D)(i), added subsec. (a) and struck out former subsec. (a) which defined cybersecurity purpose, cybersecurity risk, cyber threat indicator, defensive measure, cybersecurity vulnerability, incident, information sharing and analysis organization, information system, security vulnerability, and sharing.

Subsec. (b). Pub. L. 117–263, §7143(b)(2)(D)(ii), inserted "Executive" before "Assistant Director for Cybersecurity".

Subsec. (c)(6). Pub. L. 117–150, §2(2)(A), inserted "operational and" before "timely".

Subsec. (c)(13). Pub. L. 117–103 added par. (13).

Subsec. (d)(1)(A)(iii). Pub. L. 117–263, §7143(b)(2)(D)(iii)(I), struck out ", as that term is defined under section 3003(4) of title 50" after "intelligence community".

Subsec. (d)(1)(B)(ii). Pub. L. 117–263, §7143(b)(2)(D)(iii)(II), substituted "Information Sharing and Analysis Organizations" for "information sharing and analysis organizations".

Subsec. (d)(1)(E). Pub. L. 117–150, §2(2)(B), inserted ", including an entity that collaborates with election officials," after "governments".

Subsec. (e)(1)(E)(ii)(II). Pub. L. 117–263, §7143(b)(2)(D)(iv), substituted "Information Sharing and Analysis Organizations" for "information sharing and analysis organizations".

Subsec. (p). Pub. L. 117–263, §7143(b)(2)(D)(v), redesignated subsec. (p) relating to coordination on cybersecurity for SLTT entities as (r).

Pub. L. 117–150, §2(2)(C), added subsec. (p) relating to coordination on cybersecurity for SLTT entities.

Subsec. (q). Pub. L. 117–263, §7143(b)(2)(D)(vi), redesignated subsec. (q) relating to report as (s).

Pub. L. 117–150, §2(2)(C), added subsec. (q) relating to report.

Subsec. (r). Pub. L. 117–263, §7143(b)(2)(D)(v), redesignated subsec. (p) relating to coordination on cybersecurity for SLTT entities as (r).

Subsec. (s). Pub. L. 117–263, §7143(b)(2)(D)(vi), redesignated subsec. (q) relating to report as (s).

2021—Subsec. (a). Pub. L. 117–81, §1542(1), added par. (4) and redesignated former pars. (4) to (8) (as previously added or redesignated by Pub. L. 116–283) as (5) to (9), respectively.

Pub. L. 116–283, §1716(a)(1), added pars. (1) and (7) and redesignated former pars. (1) to (5) as (2) to (6), respectively, and former par. (6) as (8).

Subsec. (c)(5)(B), (C). Pub. L. 117–81, §1542(2)(A), added subpar. (B), redesignated former subpar. (B) as (C), and inserted in subpar. (C) as redesignated "and mitigation protocols to counter cybersecurity vulnerabilities in accordance with subparagraph (B), as appropriate," before "with Federal".

Subsec. (c)(6). Pub. L. 117–81, §1548(c), inserted ", which may take the form of continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions" after "mitigation, and remediation".

Subsec. (c)(7)(C). Pub. L. 117–81, §1542(2)(B), substituted "share" for "sharing".

Subsec. (c)(9). Pub. L. 117–81, §1542(2)(C), inserted "mitigation protocols to counter cybersecurity vulnerabilities, as appropriate," after "measures,".

Subsec. (c)(12). Pub. L. 116–283, §1716(a)(2), added par. (12).

Subsec. (e)(1)(I). Pub. L. 117–81, §1541(a)(1), added subpar. (I).

Subsec. (o). Pub. L. 117–81, §1542(4), added subsec. (o). Former subsec. (o) redesignated (p) relating to subpoena authority.

Pub. L. 116–283, §1716(a)(3), added subsec. (o).

Subsec. (p). Pub. L. 117–81, §1542(3), redesignated subsec. (o) as (p) relating to subpoena authority.

Subsec. (q). Pub. L. 117–81, §1541(a)(2), added subsec. (q) relating to industrial control systems.

2019—Subsec. (d)(1)(B)(iv). Pub. L. 116–94, §102(a)(1), inserted ", including cybersecurity specialists" after "entities".

Subsec. (f). Pub. L. 116–94, §102(a)(3), added subsec. (f). Former subsec. (f) redesignated (g).

Subsec. (g). Pub. L. 116–94, §102(a)(2), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Subsec. (g)(1), (2). Pub. L. 116–94, §102(a)(4), inserted ", or any team or activity of the Center," after "Center".

Subsecs. (h) to (n). Pub. L. 116–94, §102(a)(2), redesignated subsecs. (g) to (m) as (h) to (n), respectively.

2018—Pub. L. 115–278, §2(g)(9)(A)(iii)(I), substituted "Director" for "Under Secretary appointed under section 113(a)(1)(H) of this title" wherever appearing.

Subsec. (a)(4). Pub. L. 115–278, §2(g)(9)(A)(iii)(II), substituted "section 671(5) of this title" for "section 131(5) of this title".

Subsec. (b). Pub. L. 115–278, §2(g)(9)(A)(iii)(III), inserted at end "The Center shall be located in the Cybersecurity and Infrastructure Security Agency. The head of the Center shall report to the Assistant Director for Cybersecurity."

Subsec. (c)(11). Pub. L. 115–278, §2(g)(9)(A)(iii)(IV), substituted "Emergency Communications Division" for "Office of Emergency Communications".

2016—Subsecs. (l), (m). Pub. L. 114–328 added subsec. (l) and redesignated former subsec. (l) as (m).

2015—Subsec. (a)(1) to (5). Pub. L. 114–113, §203(1)(A), (B), added pars. (1) to (3), redesignated former pars. (3) and (4) as (4) and (5), respectively, and struck out former pars. (1) and (2), which defined "cybersecurity risk" and "incident", respectively.

Subsec. (a)(6). Pub. L. 114–113, §203(1)(C)–(E), added par. (6).

Subsec. (c)(1). Pub. L. 114–113, §203(2)(A), inserted "cyber threat indicators, defensive measures," before "cybersecurity risks" and ", including the implementation of title I of the Cybersecurity Act of 2015" before semicolon at end.

Subsec. (c)(3). Pub. L. 114–113, §203(2)(B), substituted "cyber threat indicators, defensive measures, cybersecurity risks," for "cybersecurity risks".

Subsec. (c)(5)(A). Pub. L. 114–113, §203(2)(C), substituted "cyber threat indicators, defensive measures, cybersecurity risks," for "cybersecurity risks".

Subsec. (c)(6). Pub. L. 114–113, §203(2)(D), substituted "cyber threat indicators, defensive measures, cybersecurity risks," for "cybersecurity risks" and struck out "and" at end.

Subsec. (c)(7)(C). Pub. L. 114–113, §203(2)(E), added subpar. (C).

Subsec. (c)(8) to (11). Pub. L. 114–113, §203(2)(F), added pars. (8) to (11).

Subsec. (d)(1)(B)(i). Pub. L. 114–113, §203(3)(A)(i), substituted ", local, and tribal" for "and local".

Subsec. (d)(1)(B)(ii). Pub. L. 114–113, §203(3)(A)(ii), substituted ", including information sharing and analysis centers;" for "; and".

Subsec. (d)(1)(B)(iv). Pub. L. 114–113, §203(3)(A)(iii), (iv), added cl. (iv).

Subsec. (d)(1)(E), (F). Pub. L. 114–113, §203(3)(B)–(D), added subpar. (E) and redesignated former subpar. (E) as (F).

Subsec. (e)(1)(A). Pub. L. 114–113, §203(4)(A)(i), inserted "cyber threat indicators, defensive measures, and" before "information".

Subsec. (e)(1)(B). Pub. L. 114–113, §203(4)(A)(ii), inserted "cyber threat indicators, defensive measures, and" before "information related".

Subsec. (e)(1)(F). Pub. L. 114–113, §203(4)(A)(iii), substituted "cyber threat indicators, defensive measures, cybersecurity risks," for "cybersecurity risks" and struck out "and" at end.

Subsec. (e)(1)(G). Pub. L. 114–113, §203(4)(A)(iv), substituted "cyber threat indicators, defensive measures, cybersecurity risks, and incidents; and" for "cybersecurity risks and incidents".

Subsec. (e)(1)(H). Pub. L. 114–113, §203(4)(A)(v), added subpar. (H).

Subsec. (e)(2). Pub. L. 114–113, §203(4)(B), substituted "cyber threat indicators, defensive measures, cybersecurity risks," for "cybersecurity risks" and inserted "or disclosure" after "access".

Subsec. (e)(3). Pub. L. 114–113, §203(4)(C), inserted ", including by working with the Privacy Officer appointed under section 142 of this title to ensure that the Center follows the policies and procedures specified in subsections (b) and (d)(5)(C) of section 105 of the Cybersecurity Act of 2015" before period at end.

Subsecs. (g) to (l). Pub. L. 114–113, §203(5), added subsecs. (g) to (l).

Statutory Notes and Related Subsidiaries

Rules of Construction

Nothing in amendment made by Pub. L. 117–263 to be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in 44 U.S.C. 3502) or officer or employee of the United States on or before Dec. 23, 2022, see section 7143(f)(1) of Pub. L. 117–263, set out as a note under section 650 of this title.

Pub. L. 116–283, div. A, title XVII, §1716(b), Jan. 1, 2021, 134 Stat. 4098, provided that:

"(1) Prohibition on new regulatory authority.—Nothing in this section or the amendments made by this section [amending this section] may be construed to grant the Secretary of Homeland Security, or the head of any another Federal agency or department, any authority to promulgate regulations or set standards relating to the cybersecurity of private sector critical infrastructure that was not in effect on the day before the date of the enactment of this Act [Jan. 1, 2021].

"(2) Private entities.—Nothing in this section or the amendments made by this section [amending this section] may be construed to require any private entity to—

"(A) request assistance from the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security; or

"(B) implement any measure or recommendation suggested by the Director."

Pub. L. 113–282, §8, Dec. 18, 2014, 128 Stat. 3072, provided that:

"(a) Prohibition on New Regulatory Authority.—Nothing in this Act [see section 1 of Pub. L. 113–282, set out as a Short Title of 2014 Amendment note under section 101 of this title] or the amendments made by this Act shall be construed to grant the Secretary [of Homeland Security] any authority to promulgate regulations or set standards relating to the cybersecurity of private sector critical infrastructure that was not in effect on the day before the date of enactment of this Act [Dec. 18, 2014].

"(b) Private Entities.—Nothing in this Act or the amendments made by this Act shall be construed to require any private entity—

"(1) to request assistance from the Secretary; or

"(2) that requested such assistance from the Secretary to implement any measure or recommendation suggested by the Secretary."

Definitions

Pub. L. 113–282, §2, Dec. 18, 2014, 128 Stat. 3066, provided that: "In this Act [see section 1 of Pub. L. 113–282, set out as a Short Title of 2014 Amendment note under section 101 of this title]—

"(1) the term 'Center' means the national cybersecurity and communications integration center under section 226 [renumbered 227 by section 223(a)(3) of Pub. L. 114–113 and renumbered 2209 by section 2(g)(2)(I) of Pub. L. 115–278] of the Homeland Security Act of 2002 [6 U.S.C. 659], as added by section 3;

"(2) the term 'critical infrastructure' has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101);

"(3) the term 'cybersecurity risk' has the meaning given that term in section 226 [2209] of the Homeland Security Act of 2002, as added by section 3;

"(4) the term 'information sharing and analysis organization' has the meaning given that term in section 212(5) [renumbered 2222(5) by section 2(g)(2)(H) of Pub. L. 115–278] of the Homeland Security Act of 2002 ([former] 6 U.S.C. 131(5)) [now 6 U.S.C. 671(5); see 6 U.S.C. 650(13)];

"(5) the term 'information system' has the meaning given that term in section 3502(8) of title 44, United States Code; and

"(6) the term 'Secretary' means the Secretary of Homeland Security."

1 So in original. There is no par. (2).
6 U.S.C. § 126 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter II: INFORMATION ANALYSIS / Section 126: Department of Homeland Security data framework
Department of Homeland Security data framework
Status: in_force

(a) In general

(1) Development

The Secretary of Homeland Security shall develop a data framework to integrate existing Department of Homeland Security datasets and systems, as appropriate, for access by authorized personnel in a manner consistent with relevant legal authorities and privacy, civil rights, and civil liberties policies and protections.

(2) Requirements

In developing the framework required under paragraph (1), the Secretary of Homeland Security shall ensure, in accordance with all applicable statutory and regulatory requirements, the following information is included:

(A) All information acquired, held, or obtained by an office or component of the Department of Homeland Security that falls within the scope of the information sharing environment, including homeland security information, terrorism information, weapons of mass destruction information, and national intelligence.

(B) Any information or intelligence relevant to priority mission needs and capability requirements of the homeland security enterprise, as determined appropriate by the Secretary.

(b) Data framework access

(1) In general

The Secretary of Homeland Security shall ensure that the data framework required under this section is accessible to employees of the Department of Homeland Security who the Secretary determines—

(A) have an appropriate security clearance;

(B) are assigned to perform a function that requires access to information in such framework; and

(C) are trained in applicable standards for safeguarding and using such information.

(2) Guidance

The Secretary of Homeland Security shall—

(A) issue guidance for Department of Homeland Security employees authorized to access and contribute to the data framework pursuant to paragraph (1); and

(B) ensure that such guidance enforces a duty to share between offices and components of the Department when accessing or contributing to such framework for mission needs.

(3) Efficiency

The Secretary of Homeland Security shall promulgate data standards and instruct components of the Department of Homeland Security to make available information through the data framework required under this section in a machine-readable standard format, to the greatest extent practicable.

(c) Exclusion of information

The Secretary of Homeland Security may exclude information from the data framework required under this section if the Secretary determines inclusion of such information may—

(1) jeopardize the protection of sources, methods, or activities;

(2) compromise a criminal or national security investigation;

(3) be inconsistent with other Federal laws or regulations; or

(4) be duplicative or not serve an operational purpose if included in such framework.

(d) Safeguards

The Secretary of Homeland Security shall incorporate into the data framework required under this section systems capabilities for auditing and ensuring the security of information included in such framework. Such capabilities shall include the following:

(1) Mechanisms for identifying insider threats.

(2) Mechanisms for identifying security risks.

(3) Safeguards for privacy, civil rights, and civil liberties.

(e) Deadline for implementation

Not later than 2 years after December 19, 2018, the Secretary of Homeland Security shall ensure the data framework required under this section has the ability to include appropriate information in existence within the Department of Homeland Security to meet the critical mission operations of the Department of Homeland Security.

(f) Notice to Congress

(1) Status updates

The Secretary of Homeland Security shall submit to the appropriate congressional committees regular updates on the status of the data framework until the framework is fully operational.

(2) Operational notification

Not later than 60 days after the date on which the data framework required under this section is fully operational, the Secretary of Homeland Security shall provide notice to the appropriate congressional committees that the data framework is fully operational.

(3) Value added

The Secretary of Homeland Security shall annually brief Congress on component use of the data framework required under this section to support operations that disrupt terrorist activities and incidents in the homeland.

(g) Definitions

In this section:

(1) Appropriate congressional committee; homeland

The terms "appropriate congressional committee" and "homeland" have the meaning given those terms in section 101 of this title.

(2) Homeland security information

The term "homeland security information" has the meaning given such term in section 482 of this title.

(3) National intelligence

The term "national intelligence" has the meaning given such term in section 3003(5) of title 50.

(4) Terrorism information

The term "terrorism information" has the meaning given such term in section 485 of this title.

(Pub. L. 115–331, §2, Dec. 19, 2018, 132 Stat. 4484.)

Editorial Notes

Codification

Section was enacted as part of the Department of Homeland Security Data Framework Act of 2018, and not as part of the Homeland Security Act of 2002 which comprises this chapter.
6 U.S.C. § 111 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter I: DEPARTMENT OF HOMELAND SECURITY / Section 111: Executive department; mission
Executive department; mission
Status: in_force

(a) Establishment

There is established a Department of Homeland Security, as an executive department of the United States within the meaning of title 5.

(b) Mission

(1) In general

The primary mission of the Department is to—

(A) prevent terrorist attacks within the United States;

(B) reduce the vulnerability of the United States to terrorism;

(C) minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States;

(D) carry out all functions of entities transferred to the Department, including by acting as a focal point regarding natural and manmade crises and emergency planning;

(E) ensure that the functions of the agencies and subdivisions within the Department that are not related directly to securing the homeland are not diminished or neglected except by a specific explicit Act of Congress;

(F) ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland;

(G) ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and

(H) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking.

(2) Responsibility for investigating and prosecuting terrorism

Except as specifically provided by law with respect to entities transferred to the Department under this chapter, primary responsibility for investigating and prosecuting acts of terrorism shall be vested not in the Department, but rather in Federal, State, and local law enforcement agencies with jurisdiction over the acts in question.

(Pub. L. 107–296, title I, §101, Nov. 25, 2002, 116 Stat. 2142; Pub. L. 108–458, title VIII, §8302, Dec. 17, 2004, 118 Stat. 3867.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (b)(2), was in the original "this Act", meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.

Amendments

2004—Subsec. (b)(1)(G), (H). Pub. L. 108–458 added subpar. (G) and redesignated former subpar. (G) as (H).

Statutory Notes and Related Subsidiaries

Transfer of Certain OPM Authority to Department of Homeland Security

Pub. L. 109–295, title V, §513, Oct. 4, 2006, 120 Stat. 1378, provided that: "Notwithstanding any other provision of law, the authority of the Office of Personnel Management to conduct personnel security and suitability background investigations, update investigations, and periodic reinvestigations of applicants for, or appointees in, positions in the Office of the Secretary and Executive Management, the Office of the Under Secretary for Management, Analysis and Operations, Immigration and Customs Enforcement, the Directorate for Preparedness, and the Directorate of Science and Technology of the Department of Homeland Security is transferred to the Department of Homeland Security: Provided, That on request of the Department of Homeland Security, the Office of Personnel Management shall cooperate with and assist the Department in any investigation or reinvestigation under this section: Provided further, That this section shall cease to be effective at such time as the President has selected a single agency to conduct security clearance investigations pursuant to section 3001(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 50 U.S.C. 435b [now 50 U.S.C. 3341]) and the entity selected pursuant to section 3001(b) of such Act has reported to Congress that the agency selected pursuant to such section 3001(c) is capable of conducting all necessary investigations in a timely manner or has authorized the entities within the Department of Homeland Security covered by this section to conduct their own investigations pursuant to section 3001 of such Act."

[For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Directorate for Preparedness, as constituted on June 1, 2006, including the functions of the Under Secretary for Preparedness relating thereto, to the Federal Emergency Management Agency, with certain exceptions, see section 315(a)(2), (b) of this title.]

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 109–90, title V, §516, Oct. 18, 2005, 119 Stat. 2084.

Pub. L. 108–334, title V, §518, Oct. 18, 2004, 118 Stat. 1318.

Executive Documents

Ex. Ord. No. 13286. Amendment of Executive Orders, and Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security

Ex. Ord. No. 13286, Feb. 28, 2003, 68 F.R. 10619, as amended by Ex. Ord. No. 13442, §1, Aug. 13, 2007, 72 F.R. 45877; Ex. Ord. No. 13753, §1, Dec. 9, 2016, 81 F.R. 90667, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Homeland Security Act of 2002 (Public Law 107–296) [see Tables for classification] and section 301 of title 3, United States Code, and in order to reflect the transfer of certain functions to, and other responsibilities vested in, the Secretary of Homeland Security, the transfer of certain agencies and agency components to the Department of Homeland Security, and the delegation of appropriate responsibilities to the Secretary of Homeland Security, it is hereby ordered as follows:

Section 1. [Amended Ex. Ord. No. 13276, set out as a note under section 1182 of Title 8, Aliens and Nationality.]

Sec. 2. [Amended Ex. Ord. No. 13274, set out as a note under section 301 of Title 49, Transportation.]

Sec. 3. [Amended Ex. Ord. No. 13271, formerly set out as a note under section 509 of Title 28, Judiciary and Judicial Procedure.]

Sec. 4. [Amended and revoked Ex. Ord. No. 13260, set out as a note under section 3021 of Title 50, War and National Defense.]

Sec. 5. [Amended Ex. Ord. No. 13257, set out as a note under section 7103 of Title 22, Foreign Relations and Intercourse.]

Sec. 6. [Amended Ex. Ord. No. 13254, set out as a note under section 12501 of Title 42, The Public Health and Welfare.]

Sec. 7. [Amended Ex. Ord. No. 13231, set out as a note under section 121 of this title.]

Sec. 8. [Amended Ex. Ord. No. 13228, set out as a note under section 3021 of Title 50, War and National Defense.]

Sec. 9. [Amended Ex. Ord. No. 13223, set out as a note under section 12302 of Title 10, Armed Forces.]

Sec. 10. [Amended Ex. Ord. No. 13212, set out as a note under section 13201 of Title 42, The Public Health and Welfare.]

Sec. 11. [Amended Ex. Ord. No. 13165, set out as a note under section 1701 of Title 21, Food and Drugs.]

Sec. 12. [Amended Ex. Ord. No. 13154.]

Sec. 13. [Amended Ex. Ord. No. 13133.]

Sec. 14. [Amended Ex. Ord. No. 13120, set out as a note under section 12304 of Title 10, Armed Forces.]

Sec. 15. [Amended Ex. Ord. No. 13112, set out as a note under section 4321 of Title 42, The Public Health and Welfare.]

Sec. 16. [Amended Ex. Ord. No. 13100, set out as a note under section 341 of Title 21, Food and Drugs.]

Sec. 17. [Amended Ex. Ord. No. 13076, set out as a note under section 12304 of Title 10, Armed Forces.]

Sec. 18. [Amended Ex. Ord. No. 13011, set out as a note under section 11101 of Title 40, Public Buildings, Property, and Works.]

Sec. 19. [Amended Ex. Ord. No. 12989, set out as a note under section 1324a of Title 8, Aliens and Nationality.]

Sec. 20. [Amended Ex. Ord. No. 12985, set out as a note preceding section 1121 of Title 10, Armed Forces.]

Sec. 21. [Amended Ex. Ord. No. 12982, set out as a note under section 12304 of Title 10, Armed Forces.]

Sec. 22. [Amended Ex. Ord. No. 12978, listed in a table under section 1701 of Title 50, War and National Defense.]

Sec. 23. [Amended Ex. Ord. No. 12977, set out as a note under section 121 of Title 40, Public Buildings, Property, and Works.]

Sec. 24. [Amended Ex. Ord. No. 12919, formerly set out as a note under section 2153 of the former Appendix to Title 50, War and National Defense.]

Sec. 25. [Amended Ex. Ord. No. 12906, set out as a note under section 1457 of Title 43, Public Lands.]

Sec. 26. [Amended Ex. Ord. No. 12870, set out as a note under section 4727 of Title 15, Commerce and Trade.]

Sec. 27. [Amended Ex. Ord. No. 12835, set out as a note under section 1023 of Title 15, Commerce and Trade.]

Sec. 28. [Amended Ex. Ord. No. 12830, set out as a note preceding section 1121 of Title 10, Armed Forces.]

Sec. 29. [Amended Ex. Ord. No. 12824, set out as a note under section 2736 of Title 14, Coast Guard.]

Sec. 30. [Amended Ex. Ord. No. 12807, set out as a note under section 1182 of Title 8, Aliens and Nationality.]

Sec. 31. [Amended Ex. Ord. No. 12793, set out as a note preceding section 1121 of Title 10, Armed Forces.]

Sec. 32. [Amended Ex. Ord. No. 12789, set out as a note under section 1364 of Title 8, Aliens and Nationality.]

Sec. 33. [Amended Ex. Ord. No. 12788, set out as a note under section 2391 of Title 10, Armed Forces.]

Sec. 34. [Amended Ex. Ord. No. 12777, set out as a note under section 1321 of Title 33, Navigation and Navigable Waters.]

Sec. 35. [Amended Ex. Ord. No. 12743, formerly set out as a note under section 12302 of Title 10, Armed Forces.]

Sec. 36. [Amended Ex. Ord. No. 12742, set out as a note under section 82 of Title 50, War and National Defense.]

Sec. 37. [Amended Ex. Ord. No. 12733, set out as a note under section 12304 of Title 10, Armed Forces.]

Sec. 38. [Amended Ex. Ord. No. 12728, set out as a note under section 12305 of Title 10, Armed Forces.]

Sec. 39. [Amended Ex. Ord. No. 12727, set out as a note under section 12304 of Title 10, Armed Forces.]

Sec. 40. [Amended Ex. Ord. No. 12699, set out as a note under section 7704 of Title 42, The Public Health and Welfare.]

Sec. 41. [Amended Ex. Ord. No. 12657, set out as a note under section 5195 of Title 42, The Public Health and Welfare.]

Sec. 42. [(a) to (i) amended Ex. Ord. No. 12656, set out as a note under section 5195 of Title 42, The Public Health and Welfare.]

Without prejudice to subsections (a) through (i) of this section, all responsibilities assigned to specific Federal officials pursuant to Executive Order 12656 that are substantially the same as any responsibility assigned to, or function transferred to, the Secretary of Homeland Security pursuant to the Homeland Security Act of 2002 (regardless of whether such responsibility or function is expressly required to be carried out through another official of the Department of Homeland Security or not pursuant to such Act), or intended or required to be carried out by an agency or an agency component transferred to the Department of Homeland Security pursuant to such Act, are hereby reassigned to the Secretary of Homeland Security.

Sec. 43. [Amended Ex. Ord. No. 12580, set out as a note under section 9615 of Title 42, The Public Health and Welfare.]

Sec. 44. [Amended Ex. Ord. No. 12555, set out as a note under section 2602 of Title 19, Customs Duties.]

Sec. 45. [Amended Ex. Ord. No. 12501, set out as a note under section 4101 of Title 15, Commerce and Trade.]

Sec. 46. [Amended Ex. Ord. No. 12472, formerly set out as a note under section 5195 of Title 42, The Public Health and Welfare.]

Sec. 47. [Amended Ex. Ord. No. 12382, set out as a note under section 901 of Title 47, Telecommunications.]

Sec. 48. [Amended Ex. Ord. No. 12341, set out as a note under section 1522 of Title 8, Aliens and Nationality.]

Sec. 49. [Amended Ex. Ord. No. 12208, set out as a note under section 1157 of Title 8, Aliens and Nationality.]

Sec. 50. [Amended Ex. Ord. No. 12188, set out as a note under section 2171 of Title 19, Customs Duties.]

Sec. 51. [Amended Ex. Ord. No. 12160, set out as a note under section 3501 of Title 42, The Public Health and Welfare.]

Sec. 52. [Amended Ex. Ord. No. 12148, set out as a note under section 5195 of Title 42, The Public Health and Welfare.]

Sec. 53. [Amended Ex. Ord. No. 12146, set out as a note under section 509 of Title 28, Judiciary and Judicial Procedures.]

Sec. 54. [Amended Ex. Ord. No. 12002, set out as a note under former section 4603 of Title 50, War and National Defense.]

Sec. 55. [Amended Ex. Ord. No. 11965, set out as a note preceding section 1121 of Title 10, Armed Forces.]

Sec. 56. [Amended Ex. Ord. No. 11926, set out as a note preceding section 1121 of Title 10, Armed Forces.]

Sec. 57. [Amended Ex. Ord. No. 11858, set out as a note under section 4565 of Title 50, War and National Defense.]

Sec. 58. [Amended Ex. Ord. No. 11800, formerly set out as a note under section 301a of Title 37, Pay and Allowances of the Uniformed Services.]

Sec. 59. [Amended Ex. Ord. No. 11645, set out as a note under section 2943 of Title 14, Coast Guard.]

Sec. 60. [Amended Ex. Ord. No. 11623, set out as a note under section 3809 of Title 50, War and National Defense.]

Sec. 61. [Amended Ex. Ord. No. 11448, set out as a note preceding section 1121 of Title 10, Armed Forces.]

Sec. 62. [Amended Ex. Ord. No. 11446, set out as a note under section 7342 of Title 5, Government Organization and Employees.]

Sec. 63. [Amended Ex. Ord. No. 11438, set out as a note under section 1124 of Title 10, Armed Forces.]

Sec. 64. [Amended Ex. Ord. No. 11366, set out as a note under section 12303 of Title 10, Armed Forces.]

Sec. 65. [Amended Ex. Ord. No. 11239, set out as a note under former section 1051 of Title 33, Navigation and Navigable Waters.]

Sec. 66. [Amended Ex. Ord. No. 11231.]

Sec. 67. [Amended Ex. Ord. No. 11190, set out as a note under section 10149 of Title 10, Armed Forces.]

Sec. 68. [Amended Ex. Ord. No. 11139.]

Sec. 69. [Amended Ex. Ord. No. 11079, set out as a note under section 2603 of Title 10, Armed Forces.]

Sec. 70. [Amended Ex. Ord. No. 11046, set out as a note under section 7276 of Title 10, Armed Forces.]

Sec. 71. [Amended Ex. Ord. No. 11016, set out as a note under section 1129 of Title 10, Armed Forces.]

Sec. 72. [Amended Ex. Ord. No. 10977.]

Sec. 73. [Amended Ex. Ord. No. 10789, set out as a note under section 1431 of Title 50, War and National Defense.]

Sec. 74. [Amended Ex. Ord. No. 10694.]

Sec. 75. [Amended Ex. Ord. No. 10637, set out as a note under section 301 of Title 3, The President.]

Sec. 76. [Amended Ex. Ord. No. 10631, set out as a note under section 802 of Title 10, Armed Forces.]

Sec. 77. [Amended Ex. Ord. No. 10554, set out as a note under section 772 of Title 10, Armed Forces.]

Sec. 78. [Amended Ex. Ord. No. 10499.]

Sec. 79. [Amended Ex. Ord. No. 10448.]

Sec. 80. [Amended Ex. Ord. No. 10271, set out as a note under section 3819 of Title 50, War and National Defense.]

Sec. 81. [Amended Ex. Ord. No. 10179.]

Sec. 82. [Amended Ex. Ord. No. 10163.]

Sec. 83. [Amended Ex. Ord. No. 10113, set out as a note under section 418 of Title 37, Pay and Allowances of the Uniformed Services.]

Sec. 84. [Amended Ex. Ord. No. 4601.]

Sec. 85. Designation as a Defense Agency of the United States.

I hereby designate the Department of Homeland Security as a defense agency of the United States for the purposes of chapter 17 of title 35 of the United States Code.

Sec. 86. Exception from the Provisions of the Government Employees Training Act.

Those elements of the Department of Homeland Security that are supervised by the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection through the Department's Assistant Secretary for Information Analysis are, pursuant to section 4102(b)(1) of title 5, United States Code, and in the public interest, excepted from the following provisions of the Government Employees Training Act as codified in title 5: sections 4103(a)(1), 4108, 4115, 4117, and 4118, and that part of 4109(a) that provides "under the regulations prescribed under section 4118(a)(8) of this title and".

Sec. 87. Functions of Certain Officials in the Coast Guard.

The Commandant and the Assistant Commandant for Intelligence of the Coast Guard each shall be considered a "Senior Official of the Intelligence Community" for purposes of Executive Order 12333 of December 4, 1981 [50 U.S.C. 3001 note], and all other relevant authorities.

Sec. 88. Order of Succession.

Subject to the provisions of subsection (b) of this section, the officers named in subsection (a) of this section, in the order listed, shall act as, and perform the functions and duties of the office of, the Secretary of Homeland Security (Secretary), if they are eligible to act as Secretary under the provisions of the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq. (Vacancies Act), during any period in which the Secretary has died, resigned, or otherwise become unable to perform the functions and duties of the office of Secretary.

(a) Order of Succession.

(i) Deputy Secretary of Homeland Security;

(ii) Under Secretary for Management;

(iii) Administrator of the Federal Emergency Management Agency;

(iv) Under Secretary for National Protection and Programs;

(v) Under Secretary for Science and Technology;

(vi) Under Secretary for Intelligence and Analysis;

(vii) Commissioner of U.S. Customs and Border Protection;

(viii) Administrator of the Transportation Security Administration;

(ix) Director of U.S. Immigration and Customs Enforcement;

(x) Director of U.S. Citizenship and Immigration Services;

(xi) Assistant Secretary for Policy;

(xii) General Counsel;

(xiii) Deputy Under Secretary for Management;

(xiv) Deputy Commissioner of U.S. Customs and Border Protection;

(xv) Deputy Administrator of the Transportation Security Administration;

(xvi) Deputy Director of U.S. Immigration and Customs Enforcement;

(xvii) Deputy Director of U.S. Citizenship and Immigration Services; and

(xviii) Director of the Federal Law Enforcement Training Center.

(b) Exceptions.

(i) No individual who is serving in an office listed in subsection (a) in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this section.

(ii) Notwithstanding the provisions of this section, the President retains discretion, to the extent permitted by the Vacancies Act, to depart from this order in designating an acting Secretary.

Sec. 89. Savings Provision.

Except as otherwise specifically provided above or in Executive Order 13284 of January 23, 2003 ("Amendment of Executive Orders, and Other Actions, in Connection With the Establishment of the Department of Homeland Security") [6 U.S.C. 121 note], references in any prior Executive Order relating to an agency or an agency component that is transferred to the Department of Homeland Security ("the Department"), or relating to a function that is transferred to the Secretary of Homeland Security, shall be deemed to refer, as appropriate, to the Department or its officers, employees, agents, organizational units, or functions.

Sec. 90. Nothing in this order shall be construed to impair or otherwise affect the authority of the Secretary of Defense with respect to the Department of Defense, including the chain of command for the armed forces of the United States under section 162(b) of title 10, United States Code, and the authority of the Secretary of Defense with respect to the Department of Defense under section 113(b) of that title.

Sec. 91. Nothing in this order shall be construed to limit or restrict the authorities of the Central Intelligence Agency and the Director of Central Intelligence pursuant to the National Security Act of 1947 [act July 26, 1947, ch. 343; see Tables for classification] and the CIA Act of 1949 [probably means the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227; see Tables for classification].

Sec. 92. This order shall become effective on March 1, 2003.

Sec. 93. This order does not create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person.

[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a) and (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.]

Executive Order No. 13362

Ex. Ord. No. 13362, Nov. 29, 2004, 69 F.R. 70173, which designated additional officers for the Department of Homeland Security order of succession, was revoked by Ex. Ord. No. 13442, §2, Aug. 13, 2007, 72 F.R. 45878.
6 U.S.C. § 195g (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter III: SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY / Section 195g: Countering Unmanned Aircraft Systems Coordinator
Countering Unmanned Aircraft Systems Coordinator
Status: in_force

(a) Coordinator

(1) In general

The Secretary shall designate an individual in a Senior Executive Service position (as defined in section 3132 of title 5) of the Department within the Office of Strategy, Policy, and Plans as the Countering Unmanned Aircraft Systems Coordinator (in this section referred to as the "Coordinator") and provide appropriate staff to carry out the responsibilities of the Coordinator.

(2) Responsibilities

The Coordinator shall—

(A) oversee and coordinate with relevant Department offices and components, including the Office of Civil Rights and Civil Liberties and the Privacy Office, on the development of guidance and regulations to counter threats associated with unmanned aircraft systems (in this section referred to as "UAS") as described in section 124n of this title;

(B) promote research and development of counter UAS technologies in coordination within the Science and Technology Directorate;

(C) coordinate with the relevant components and offices of the Department, including the Office of Intelligence and Analysis, to ensure the sharing of information, guidance, and intelligence relating to countering UAS threats, counter UAS threat assessments, and counter UAS technology, including the retention of UAS and counter UAS incidents within the Department;

(D) serve as the Department liaison, in coordination with relevant components and offices of the Department, to the Department of Defense, Federal, State, local, and Tribal law enforcement entities, and the private sector regarding the activities of the Department relating to countering UAS;

(E) maintain the information required under section 124n(g)(3) of this title; and

(F) carry out other related counter UAS authorities and activities under section 124n of this title, as directed by the Secretary.

(b) Coordination with applicable Federal laws

The Coordinator shall, in addition to other assigned duties, coordinate with relevant Department components and offices to ensure testing, evaluation, or deployment of a system used to identify, assess, or defeat a UAS is carried out in accordance with applicable Federal laws.

(c) Coordination with private sector

The Coordinator shall, among other assigned duties, working with the Office of Partnership and Engagement and other relevant Department offices and components, or other Federal agencies, as appropriate, serve as the principal Department official responsible for sharing to the private sector information regarding counter UAS technology, particularly information regarding instances in which counter UAS technology may impact lawful private sector services or systems.

(Pub. L. 107–296, title III, §321, as added Pub. L. 116–260, div. U, title VII, §701(b)(1), Dec. 27, 2020, 134 Stat. 2295.)
6 U.S.C. § 652 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 652: Cybersecurity and Infrastructure Security Agency
Cybersecurity and Infrastructure Security Agency
Status: in_force

(a) Redesignation

(1) In general

The National Protection and Programs Directorate of the Department shall, on and after November 16, 2018, be known as the "Cybersecurity and Infrastructure Security Agency".

(2) References

Any reference to the National Protection and Programs Directorate of the Department in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Cybersecurity and Infrastructure Security Agency of the Department.

(b) Director

(1) In general

The Agency shall be headed by the Director, who shall report to the Secretary.

(2) Qualifications

(A) In general

The Director shall be appointed from among individuals who have—

(i) extensive knowledge in at least two of the areas specified in subparagraph (B); and

(ii) not fewer than five years of demonstrated experience in efforts to foster coordination and collaboration between the Federal Government, the private sector, and other entities on issues related to cybersecurity, infrastructure security, or security risk management.

(B) Specified areas

The areas specified in this subparagraph are the following:

(i) Cybersecurity.

(ii) Infrastructure security.

(iii) Security risk management.

(3) Reference

Any reference to an Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and any other related program of the Department as described in section 113(a)(1)(H) of this title as in effect on the day before November 16, 2018, in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Director of the Cybersecurity and Infrastructure Security Agency.

(c) Responsibilities

The Director shall—

(1) lead cybersecurity and critical infrastructure security programs, operations, and associated policy for the Agency, including national cybersecurity asset response activities;

(2) coordinate with Federal entities, including Sector-Specific Agencies, and non-Federal entities, including international entities, to carry out the cybersecurity and critical infrastructure activities of the Agency, as appropriate;

(3) carry out the responsibilities of the Secretary to secure Federal information and information systems consistent with law, including subchapter II of chapter 35 of title 44 and the Cybersecurity Act of 2015 (contained in division N of the Consolidated Appropriations Act, 2016 (Public Law 114–113)), including by carrying out a periodic strategic assessment of the related programs and activities of the Agency to ensure such programs and activities contemplate the innovation of information systems and changes in cybersecurity risks and cybersecurity threats;

(4) coordinate a national effort to secure and protect against critical infrastructure risks, consistent with subsection (e)(1)(E);

(5) upon request, provide analyses, expertise, and other technical assistance to critical infrastructure owners and operators and, where appropriate, provide those analyses, expertise, and other technical assistance in coordination with Sector-Specific Agencies and other Federal departments and agencies;

(6) develop and utilize mechanisms for active and frequent collaboration between the Agency and Sector-Specific Agencies to ensure appropriate coordination, situational awareness, and communications with Sector-Specific Agencies;

(7) maintain and utilize mechanisms for the regular and ongoing consultation and collaboration among the Divisions of the Agency to further operational coordination, integrated situational awareness, and improved integration across the Agency in accordance with this chapter;

(8) develop, coordinate, and implement—

(A) comprehensive strategic plans for the activities of the Agency; and

(B) risk assessments by and for the Agency;

(9) carry out emergency communications responsibilities, in accordance with subchapter XIII;

(10) carry out cybersecurity, infrastructure security, and emergency communications stakeholder outreach and engagement and coordinate that outreach and engagement with critical infrastructure Sector-Specific Agencies, as appropriate;

(11) provide education, training, and capacity development to Federal and non-Federal entities to enhance the security and resiliency of domestic and global cybersecurity and infrastructure security;

(12) appoint a Cybersecurity State Coordinator in each State, as described in section 665c of this title;

(13) carry out the duties and authorities relating to the .gov internet domain, as described in section 665 of this title; and

(14) carry out such other duties and powers prescribed by law or delegated by the Secretary.

(d) Deputy Director

There shall be in the Agency a Deputy Director of the Cybersecurity and Infrastructure Security Agency who shall—

(1) assist the Director in the management of the Agency; and

(2) report to the Director.

(e) Cybersecurity and infrastructure security authorities of the Secretary

(1) In general

The responsibilities of the Secretary relating to cybersecurity and infrastructure security shall include the following:

(A) To access, receive, and analyze law enforcement information, intelligence information, and other information from Federal Government agencies, State, local, tribal, and territorial government agencies, including law enforcement agencies, and private sector entities, and to integrate that information, in support of the mission responsibilities of the Department, in order to—

(i) identify and assess the nature and scope of terrorist threats to the homeland;

(ii) detect and identify threats of terrorism against the United States; and

(iii) understand those threats in light of actual and potential vulnerabilities of the homeland.

(B) To carry out comprehensive assessments of the vulnerabilities of the key resources and critical infrastructure of the United States, including the performance of risk assessments to determine the risks posed by particular types of terrorist attacks within the United States, including an assessment of the probability of success of those attacks and the feasibility and potential efficacy of various countermeasures to those attacks. At the discretion of the Secretary, such assessments may be carried out in coordination with Sector-Specific Agencies.

(C) To integrate relevant information, analysis, and vulnerability assessments, regardless of whether the information, analysis, or assessments are provided or produced by the Department, in order to make recommendations, including prioritization, for protective and support measures by the Department, other Federal Government agencies, State, local, tribal, and territorial government agencies and authorities, the private sector, and other entities regarding terrorist and other threats to homeland security.

(D) To ensure, pursuant to section 122 of this title, the timely and efficient access by the Department to all information necessary to discharge the responsibilities under this subchapter, including obtaining that information from other Federal Government agencies.

(E) To develop, in coordination with the Sector-Specific Agencies with available expertise, a comprehensive national plan for securing the key resources and critical infrastructure of the United States, including power production, generation, and distribution systems, information technology and telecommunications systems (including satellites), electronic financial and property record storage and transmission systems, emergency communications systems, and the physical and technological assets that support those systems.

(F) To recommend measures necessary to protect the key resources and critical infrastructure of the United States in coordination with other Federal Government agencies, including Sector-Specific Agencies, and in cooperation with State, local, tribal, and territorial government agencies and authorities, the private sector, and other entities.

(G) To review, analyze, and make recommendations for improvements to the policies and procedures governing the sharing of information relating to homeland security within the Federal Government and between Federal Government agencies and State, local, tribal, and territorial government agencies and authorities.

(H) To disseminate, as appropriate, information analyzed by the Department within the Department to other Federal Government agencies with responsibilities relating to homeland security and to State, local, tribal, and territorial government agencies and private sector entities with those responsibilities in order to assist in the deterrence, prevention, or preemption of, or response to, terrorist attacks against the United States.

(I) To consult with State, local, tribal, and territorial government agencies and private sector entities to ensure appropriate exchanges of information, including law enforcement-related information, relating to threats of terrorism against the United States.

(J) To ensure that any material received pursuant to this chapter is protected from unauthorized disclosure and handled and used only for the performance of official duties.

(K) To request additional information from other Federal Government agencies, State, local, tribal, and territorial government agencies, and the private sector relating to threats of terrorism in the United States, or relating to other areas of responsibility assigned by the Secretary, including the entry into cooperative agreements through the Secretary to obtain such information.

(L) To establish and utilize, in conjunction with the Chief Information Officer of the Department, a secure communications and information technology infrastructure, including data-mining and other advanced analytical tools, in order to access, receive, and analyze data and information in furtherance of the responsibilities under this section, and to disseminate information acquired and analyzed by the Department, as appropriate.

(M) To coordinate training and other support to the elements and personnel of the Department, other Federal Government agencies, and State, local, tribal, and territorial government agencies that provide information to the Department, or are consumers of information provided by the Department, in order to facilitate the identification and sharing of information revealed in their ordinary duties and the optimal utilization of information received from the Department.

(N) To coordinate with Federal, State, local, tribal, and territorial law enforcement agencies, and the private sector, as appropriate.

(O) To exercise the authorities and oversight of the functions, personnel, assets, and liabilities of those components transferred to the Department pursuant to section 121(g) of this title.

(P) To carry out the functions of the national cybersecurity and communications integration center under section 659 of this title.

(Q) To carry out the requirements of the Chemical Facility Anti-Terrorism Standards Program established under subchapter XVI and the secure handling of ammonium nitrate program established under part J of subchapter VIII, or any successor programs.

(R) To encourage and build cybersecurity awareness and competency across the United States and to develop, attract, and retain the cybersecurity workforce necessary for the cybersecurity related missions of the Department, including by—

(i) overseeing elementary and secondary cybersecurity education and awareness related programs at the Agency;

(ii) leading efforts to develop, attract, and retain the cybersecurity workforce necessary for the cybersecurity related missions of the Department;

(iii) encouraging and building cybersecurity awareness and competency across the United States; and

(iv) carrying out cybersecurity related workforce development activities, including through—

(I) increasing the pipeline of future cybersecurity professionals through programs focused on elementary and secondary education, postsecondary education, and workforce development; and

(II) building awareness of and competency in cybersecurity across the civilian Federal Government workforce.

(2) Reallocation

The Secretary may reallocate within the Agency the functions specified in sections 653(b) and 654(b) of this title, consistent with the responsibilities provided in paragraph (1), upon certifying to and briefing the appropriate congressional committees, and making available to the public, at least 60 days prior to the reallocation that the reallocation is necessary for carrying out the activities of the Agency.

(3) Staff

(A) In general

The Secretary shall provide the Agency with a staff of analysts having appropriate expertise and experience to assist the Agency in discharging the responsibilities of the Agency under this section.

(B) Private sector analysts

Analysts under this subsection may include analysts from the private sector.

(C) Security clearances

Analysts under this subsection shall possess security clearances appropriate for their work under this section.

(4) Detail of personnel

(A) In general

In order to assist the Agency in discharging the responsibilities of the Agency under this section, personnel of the Federal agencies described in subparagraph (B) may be detailed to the Agency for the performance of analytic functions and related duties.

(B) Agencies

The Federal agencies described in this subparagraph are—

(i) the Department of State;

(ii) the Central Intelligence Agency;

(iii) the Federal Bureau of Investigation;

(iv) the National Security Agency;

(v) the National Geospatial-Intelligence Agency;

(vi) the Defense Intelligence Agency;

(vii) Sector-Specific Agencies; and

(viii) any other agency of the Federal Government that the President considers appropriate.

(C) Interagency agreements

The Secretary and the head of a Federal agency described in subparagraph (B) may enter into agreements for the purpose of detailing personnel under this paragraph.

(D) Basis

The detail of personnel under this paragraph may be on a reimbursable or non-reimbursable basis.

(f) Composition

The Agency shall be composed of the following divisions:

(1) The Cybersecurity Division, headed by an Executive Assistant Director.

(2) The Infrastructure Security Division, headed by an Executive Assistant Director.

(3) The Emergency Communications Division under subchapter XIII, headed by an Executive Assistant Director.

(g) Co-location

(1) In general

To the maximum extent practicable, the Director shall examine the establishment of central locations in geographical regions with a significant Agency presence.

(2) Coordination

When establishing the central locations described in paragraph (1), the Director shall coordinate with component heads and the Under Secretary for Management to co-locate or partner on any new real property leases, renewing any occupancy agreements for existing leases, or agreeing to extend or newly occupy any Federal space or new construction.

(h) Privacy

(1) In general

There shall be a Privacy Officer of the Agency with primary responsibility for privacy policy and compliance for the Agency.

(2) Responsibilities

The responsibilities of the Privacy Officer of the Agency shall include—

(A) assuring that the use of technologies by the Agency sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information;

(B) assuring that personal information contained in systems of records of the Agency is handled in full compliance as specified in section 552a of title 5 (commonly known as the "Privacy Act of 1974");

(C) evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by the Agency; and

(D) conducting a privacy impact assessment of proposed rules of the Agency on the privacy of personal information, including the type of personal information collected and the number of people affected.

(i) Savings

Nothing in this subchapter may be construed as affecting in any manner the authority, existing on the day before November 16, 2018, of any other component of the Department or any other Federal department or agency, including the authority provided to the Sector Risk Management Agency specified in section 61003(c) of division F of the Fixing America's Surface Transportation Act (6 U.S.C. 121 note; Public Law 114–94).

(Pub. L. 107–296, title XXII, §2202, as added Pub. L. 115–278, §2(a), Nov. 16, 2018, 132 Stat. 4169; amended Pub. L. 116–260, div. U, title IX, §904(b)(1)(A), Dec. 27, 2020, 134 Stat. 2298; Pub. L. 116–283, div. A, title XVII, §§1717(a)(1)(A), 1719(a), (b), div. H, title XC, §§9001(a), 9002(c)(2)(D), Jan. 1, 2021, 134 Stat. 4099, 4105, 4766, 4773; Pub. L. 117–81, div. A, title XV, §§1547(b)(1)(A)(i), (B), 1549(a), Dec. 27, 2021, 135 Stat. 2060, 2061, 2063; Pub. L. 117–263, div. G, title LXXI, §7143(a)(1), (b)(2)(C), (c)(5), Dec. 23, 2022, 136 Stat. 3654, 3659, 3663.)

Editorial Notes

References in Text

The Cybersecurity Act of 2015, referred to in subsec. (c)(3), is div. N of Pub. L. 114–113, Dec. 18, 2015, 129 Stat. 2935. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.

This chapter, referred to in subsecs. (c)(7) and (e)(1)(J), was in the original "this Act", meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.

Amendments

2022—Pub. L. 117–263, §7143(a)(1), made amendment identical to that made by Pub. L. 117–81, §1547(b)(1)(B). See 2021 Amendment note below.

Subsec. (a)(1). Pub. L. 117–263, §7143(b)(2)(C)(i), which directed striking out "(in this part referred to as the Agency)", was executed by striking out "(in this part referred to as the 'Agency')" before period at end, to reflect the probable intent of Congress.

Subsec. (b)(1). Pub. L. 117–263, §7143(b)(2)(C)(ii), substituted "the Director" for "a Director of Cybersecurity and Infrastructure Security (in this part referred to as the 'Director')".

Subsec. (b)(3). Pub. L. 117–263, §7143(c)(5)(A), substituted "Director of the Cybersecurity and Infrastructure Security Agency" for "Director of Cybersecurity and Infrastructure Security of the Department".

Subsec. (d). Pub. L. 117–263, §7143(c)(5)(B), substituted "Director of the Cybersecurity and Infrastructure Security Agency" for "Director of Cybersecurity and Infrastructure Security" in introductory provisions.

Subsec. (f). Pub. L. 117–263, §7143(b)(2)(C)(iii), inserted "Executive" before "Assistant Director" in pars. (1) to (3).

2021—Pub. L. 117–81, §1547(b)(1)(B), made technical amendment to directory language of Pub. L. 116–260, §904(b)(1). See 2020 Amendment notes below.

Subsec. (b)(2), (3). Pub. L. 116–283, §9001(a), added par. (2) and redesignated former par. (2) as (3).

Subsec. (c)(3). Pub. L. 117–81, §1549(a), substituted ", including by carrying out a periodic strategic assessment of the related programs and activities of the Agency to ensure such programs and activities contemplate the innovation of information systems and changes in cybersecurity risks and cybersecurity threats;" for semicolon at end.

Subsec. (c)(10). Pub. L. 116–283, §§1717(a)(1)(A)(i), 1719(b)(1), which directed identical amendments of par. (10) by striking out "and" at end, could not be executed because the word "and" did not appear at end after amendment by Pub. L. 116–260, §904(b)(1)(A)(i). See 2020 Amendment note below.

Subsec. (c)(11). Pub. L. 117–81, §1547(b)(1)(A)(i)(I), struck out "and" after the semicolon.

Pub. L. 116–283, §1719(b)(3), added par. (11) relating to providing education, training, and capacity development to Federal and non-Federal entities. Former par. (11), relating to appointment of a Cybersecurity State Coordinator, redesignated (12).

Pub. L. 116–283, §1717(a)(1)(A)(iii), added par. (11) relating to appointment of a Cybersecurity State Coordinator. Former par. (11), relating to the .gov internet domain, redesignated (12).

Subsec. (c)(12). Pub. L. 117–81, §1547(b)(1)(A)(i)(II), struck out "and" at end and made technical amendment to reference in original Act which appears in text as reference to section 665c of this title.

Pub. L. 116–283, §1719(b)(2), redesignated par. (11) relating to appointment of a Cybersecurity State Coordinator as (12).

Pub. L. 116–283, §1717(a)(1)(A)(ii), redesignated par. (11) relating to the .gov internet domain as (12).

Subsec. (c)(13). Pub. L. 117–81, §1547(b)(1)(A)(i)(III), redesignated par. (12) relating to the .gov internet domain as (13).

Subsec. (c)(14). Pub. L. 117–81, §1547(b)(1)(A)(i)(IV), redesignated par. (12) relating to carrying out such other duties and powers as (14).

Subsec. (e)(1)(R). Pub. L. 116–283, §1719(a), added subpar. (R).

Subsec. (i). Pub. L. 116–283, §9002(c)(2)(D), substituted "Sector Risk Management Agency" for "Sector-Specific Agency".

2020—Subsec. (c)(10). Pub. L. 116–260, §904(b)(1)(A)(i), as amended by Pub. L. 117–81, §1547(b)(1)(B), struck out "and" at end.

Subsec. (c)(11), (12). Pub. L. 116–260, §904(b)(1)(A)(ii), (iii), as amended by Pub. L. 117–81, §1547(b)(1)(B), added par. (11) relating to the .gov internet domain and redesignated former par. (11) relating to carrying out such other duties and powers as (12).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–263, div. G, title LXXI, §7143(a)(2), Dec. 23, 2022, 136 Stat. 3654, provided that: "The amendment made by paragraph (1) [amending this section and section 665 of this title] shall take effect as if enacted as part of the DOTGOV Act of 2020 (title IX of division U of Public Law 116–260)."

Construction of 2022 Amendment

Nothing in amendment made by Pub. L. 117–263 to be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in 44 U.S.C. 3502) or officer or employee of the United States on or before Dec. 23, 2022, see section 7143(f)(1) of Pub. L. 117–263, set out as a note under section 650 of this title.

Construction of 2021 Amendment

Amendment by section 1717(a)(1)(A) of Pub. L. 116–283 not to be construed to affect or otherwise modify the authority of Federal law enforcement agencies with respect to investigations relating to cybersecurity incidents, see section 1717(a)(4) of Pub. L. 116–283, set out as a note under section 665c of this title.

National Cybersecurity Preparedness Consortium

Pub. L. 117–122, May 12, 2022, 136 Stat. 1193, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'National Cybersecurity Preparedness Consortium Act of 2021'.

"SEC. 2. NATIONAL CYBERSECURITY PREPAREDNESS CONSORTIUM.

"(a) In General.—The Secretary may work with one or more consortia to support efforts to address cybersecurity risks and incidents.

"(b) Assistance to DHS.—The Secretary may work with one or more consortia to carry out the Secretary's responsibility pursuant to section 2202(e)(1)(P) of the Homeland Security Act of 2002 (6 U.S.C. 652(e)(1)(P)) to—

"(1) provide training and education to State, Tribal, and local first responders and officials specifically for preparing for and responding to cybersecurity risks and incidents, in accordance with applicable law;

"(2) develop and update a curriculum utilizing existing training and educational programs and models in accordance with section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659), for State, Tribal, and local first responders and officials, related to cybersecurity risks and incidents;

"(3) provide technical assistance services, training, and educational programs to build and sustain capabilities in support of preparedness for and response to cybersecurity risks and incidents, including threats of acts of terrorism, in accordance with such section 2209;

"(4) conduct cross-sector cybersecurity training, education, and simulation exercises for entities, including State and local governments and Tribal organizations, critical infrastructure owners and operators, and private industry, to encourage community-wide coordination in defending against and responding to cybersecurity risks and incidents, in accordance with section 2210(c) of the Homeland Security Act of 2002 (6 U.S.C. 660(c));

"(5) help States, Tribal organizations, and communities develop cybersecurity information sharing programs, in accordance with section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659), for the dissemination of homeland security information related to cybersecurity risks and incidents;

"(6) help incorporate cybersecurity risk and incident prevention and response into existing State, Tribal, and local emergency plans, including continuity of operations plans; and

"(7) assist State governments and Tribal organizations in developing cybersecurity plans.

"(c) Considerations Regarding Selection of a Consortium.—In selecting a consortium with which to work under this Act, the Secretary shall take into consideration the following:

"(1) Prior experience conducting cybersecurity training, education, and exercises for State and local entities.

"(2) Geographic diversity of the members of any such consortium so as to maximize coverage of the different regions of the United States.

"(3) The participation in such consortium of one or more historically Black colleges and universities, Hispanic-serving institutions, Tribal Colleges and Universities, other minority-serving institutions, and community colleges that participate in the National Centers of Excellence in Cybersecurity program, as carried out by the Department of Homeland Security.

"(d) Metrics.—If the Secretary works with a consortium under subsection (a), the Secretary shall measure the effectiveness of the activities undertaken by the consortium under this Act.

"(e) Outreach.—The Secretary shall conduct outreach to universities and colleges, including, in particular, outreach to historically Black colleges and universities, Hispanic-serving institutions, Tribal Colleges and Universities, other minority-serving institutions, and community colleges, regarding opportunities to support efforts to address cybersecurity risks and incidents, by working with the Secretary under subsection (a).

"(f) Rule of Construction.—Nothing in this section may be construed to authorize a consortium to control or direct any law enforcement agency in the exercise of the duties of the law enforcement agency.

"(g) Definitions.—In this section—

"(1) the term 'community college' has the meaning given the term 'junior or community college' in section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058);

"(2) the term 'consortium' means a group primarily composed of nonprofit entities, including academic institutions, that develop, update, and deliver cybersecurity training and education in support of homeland security;

"(3) the terms 'cybersecurity risk' and 'incident' have the meanings given those terms in section 2209(a) of the Homeland Security Act of 2002 (6 U.S.C. 659(a)) [see 6 U.S.C. 650(7), (12)];

"(4) the term 'Department' means the Department of Homeland Security;

"(5) the term 'Hispanic-serving institution' has the meaning given the term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a);

"(6) the term 'historically Black college and university' has the meaning given the term 'part B institution' in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061);

"(7) the term 'minority-serving institution' means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a));

"(8) the term 'Secretary' means the Secretary of Homeland Security;

"(9) The term 'State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States;

"(10) the term 'Tribal Colleges and Universities' has the meaning given the term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c); and

"(11) the term 'Tribal organization' has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e))."

Ransomware Vulnerability Warning Pilot Program

Pub. L. 117–103, div. Y, §105, Mar. 15, 2022, 136 Stat. 1055, provided that:

"(a) Program.—Not later than 1 year after the date of enactment of this Act [Mar. 15, 2022], the Director [of the Cybersecurity and Infrastructure Security Agency] shall establish a ransomware vulnerability warning pilot program to leverage existing authorities and technology to specifically develop processes and procedures for, and to dedicate resources to, identifying information systems that contain security vulnerabilities associated with common ransomware attacks, and to notify the owners of those vulnerable systems of their security vulnerability.

"(b) Identification of Vulnerable Systems.—The pilot program established under subsection (a) shall—

"(1) identify the most common security vulnerabilities utilized in ransomware attacks and mitigation techniques; and

"(2) utilize existing authorities to identify information systems that contain the security vulnerabilities identified in paragraph (1).

"(c) Entity Notification.—

"(1) Identification.—If the Director is able to identify the entity at risk that owns or operates a vulnerable information system identified in subsection (b), the Director may notify the owner of the information system.

"(2) No identification.—If the Director is not able to identify the entity at risk that owns or operates a vulnerable information system identified in subsection (b), the Director may utilize the subpoena authority pursuant to section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) to identify and notify the entity at risk pursuant to the procedures under that section.

"(3) Required information.—A notification made under paragraph (1) shall include information on the identified security vulnerability and mitigation techniques.

"(d) Prioritization of Notifications.—To the extent practicable, the Director shall prioritize covered entities for identification and notification activities under the pilot program established under this section.

"(e) Limitation on Procedures.—No procedure, notification, or other authorities utilized in the execution of the pilot program established under subsection (a) shall require an owner or operator of a vulnerable information system to take any action as a result of a notice of a security vulnerability made pursuant to subsection (c).

"(f) Rule of Construction.—Nothing in this section shall be construed to provide additional authorities to the Director to identify vulnerabilities or vulnerable systems.

"(g) Termination.—The pilot program established under subsection (a) shall terminate on the date that is 4 years after the date of enactment of this Act."

[For definitions of terms used in section 105 of div. Y of Pub. L. 117–103, set out above, see section 681 of this title, as made applicable by section 102(1) of div. Y of Pub. L. 117–103, which is set out as a note under section 665j of this title, and see section 650 of this title, as made applicable by section 7143(f)(2) of div. G of Pub. L. 117–263, which is set out as a note under section 650 of this title.]

Pilot Program on Public-Private Partnerships With Internet Ecosystem Companies To Detect and Disrupt Adversary Cyber Operations

Pub. L. 117–81, div. A, title XV, §1550, Dec. 27, 2021, 135 Stat. 2064, provided that:

"(a) Pilot Required.—Not later than one year after the date of the enactment of this Act [Dec. 27, 2021], the Secretary, acting through the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security and in coordination with the Secretary of Defense and the National Cyber Director, shall commence a pilot program to assess the feasibility and advisability of entering into public-private partnerships with internet ecosystem companies to facilitate, within the bounds of applicable provisions of law and such companies' terms of service, policies, procedures, contracts, and other agreements, actions by such companies to discover and disrupt use by malicious cyber actors of the platforms, systems, services, and infrastructure of such companies.

"(b) Public-private Partnerships.—

"(1) In general.—In carrying out the pilot program under subsection (a), the Secretary shall seek to enter into one or more public-private partnerships with internet ecosystem companies.

"(2) Voluntary participation.—

"(A) In general.—Participation by an internet ecosystem company in a public-private partnership under the pilot program, including in any activity described in subsection (c), shall be voluntary.

"(B) Prohibition.—No funds appropriated by any Act may be used to direct, pressure, coerce, or otherwise require that any internet ecosystem company take any action on their platforms, systems, services, or infrastructure as part of the pilot program.

"(c) Authorized Activities.—In carrying out the pilot program under subsection (a), the Secretary may—

"(1) provide assistance to a participating internet ecosystem company to develop effective know-your-customer processes and requirements;

"(2) provide information, analytics, and technical assistance to improve the ability of participating companies to detect and prevent illicit or suspicious procurement, payment, and account creation on their own platforms, systems, services, or infrastructure;

"(3) develop and socialize best practices for the collection, retention, and sharing of data by participating internet ecosystem companies to support discovery of malicious cyber activity, investigations, and attribution on the platforms, systems, services, or infrastructure of such companies;

"(4) provide to participating internet ecosystem companies actionable, timely, and relevant information, such as information about ongoing operations and infrastructure, threats, tactics, and procedures, and indicators of compromise, to enable such companies to detect and disrupt the use by malicious cyber actors of the platforms, systems, services, or infrastructure of such companies;

"(5) provide recommendations for (but not design, develop, install, operate, or maintain) operational workflows, assessment and compliance practices, and training that participating internet ecosystem companies can implement to reliably detect and disrupt the use by malicious cyber actors of the platforms, systems, services, or infrastructure of such companies;

"(6) provide recommendations for accelerating, to the greatest extent practicable, the automation of existing or implemented operational workflows to operate at line-rate in order to enable real-time mitigation without the need for manual review or action;

"(7) provide recommendations for (but not design, develop, install, operate, or maintain) technical capabilities to enable participating internet ecosystem companies to collect and analyze data on malicious activities occurring on the platforms, systems, services, or infrastructure of such companies to detect and disrupt operations of malicious cyber actors; and

"(8) provide recommendations regarding relevant mitigations for suspected or discovered malicious cyber activity and thresholds for action.

"(d) Competition Concerns.—Consistent with section 1905 of title 18, United States Code, the Secretary shall ensure that any trade secret or proprietary information of a participating internet ecosystem company made known to the Federal Government pursuant to a public-private partnership under the pilot program remains private and protected unless explicitly authorized by such company.

"(e) Impartiality.—In carrying out the pilot program under subsection (a), the Secretary may not take any action that is intended primarily to advance the particular business interests of an internet ecosystem company but is authorized to take actions that advance the interests of the United States, notwithstanding differential impact or benefit to a given company's or given companies' business interests.

"(f) Responsibilities.—

"(1) Secretary of homeland security.—The Secretary shall exercise primary responsibility for the pilot program under subsection (a), including organizing and directing authorized activities with participating Federal Government organizations and internet ecosystem companies to achieve the objectives of the pilot program.

"(2) National cyber director.—The National Cyber Director shall support prioritization and cross-agency coordination for the pilot program, including ensuring appropriate participation by participating agencies and the identification and prioritization of key private sector entities and initiatives for the pilot program.

"(3) Secretary of defense.—The Secretary of Defense shall provide support and resources to the pilot program, including the provision of technical and operational expertise drawn from appropriate and relevant officials and components of the Department of Defense, including the National Security Agency, United States Cyber Command, the Chief Information Officer, the Office of the Secretary of Defense, military department Principal Cyber Advisors, and the Defense Advanced Research Projects Agency.

"(g) Participation of Other Federal Government Components.—The Secretary may invite to participate in the pilot program required under subsection (a) the heads of such departments or agencies as the Secretary considers appropriate.

"(h) Integration With Other Efforts.—The Secretary shall ensure that the pilot program required under subsection (a) makes use of, builds upon, and, as appropriate, integrates with and does not duplicate other efforts of the Department of Homeland Security and the Department of Defense relating to cybersecurity, including the following:

"(1) The Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security.

"(2) The Cybersecurity Collaboration Center and Enduring Security Framework of the National Security Agency.

"(i) Rules of Construction.—

"(1) Limitation on government access to data.—Nothing in this section authorizes sharing of information, including information relating to customers of internet ecosystem companies or private individuals, from an internet ecosystem company to an agency, officer, or employee of the Federal Government unless otherwise authorized by another provision of law.

"(2) Stored communications act.—Nothing in this section may be construed to permit or require disclosure by a provider of a remote computing service or a provider of an electronic communication service to the public of information not otherwise permitted or required to be disclosed under chapter 121 of title 18, United States Code (commonly known as the 'Stored Communications Act').

"(3) Third party customers.—Nothing in this section may be construed to require a third party, such as a customer or managed service provider of an internet ecosystem company, to participate in the pilot program under subsection (a).

"(j) Briefings.—

"(1) Initial.—

"(A) In general.—Not later than one year after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Defense and the National Cyber Director, shall brief the appropriate committees of Congress on the pilot program required under subsection (a).

"(B) Elements.—The briefing required under subparagraph (A) shall include the following:

"(i) The plans of the Secretary for the implementation of the pilot program.

"(ii) Identification of key priorities for the pilot program.

"(iii) Identification of any potential challenges in standing up the pilot program or impediments, such as a lack of liability protection, to private sector participation in the pilot program.

"(iv) A description of the roles and responsibilities in the pilot program of each participating Federal entity.

"(2) Annual.—

"(A) In general.—Not later than two years after the date of the enactment of this Act and annually thereafter for three years, the Secretary, in coordination with the Secretary of Defense and the National Cyber Director, shall brief the appropriate committees of Congress on the progress of the pilot program required under subsection (a).

"(B) Elements.—Each briefing required under subparagraph (A) shall include the following:

"(i) Recommendations for addressing relevant policy, budgetary, and legislative gaps to increase the effectiveness of the pilot program.

"(ii) Recommendations, such as providing liability protection, for increasing private sector participation in the pilot program.

"(iii) A description of the challenges encountered in carrying out the pilot program, including any concerns expressed by internet ecosystem companies regarding participation in the pilot program.

"(iv) The findings of the Secretary with respect to the feasibility and advisability of extending or expanding the pilot program.

"(v) Such other matters as the Secretary considers appropriate.

"(k) Termination.—The pilot program required under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act [Dec. 27, 2021].

"(l) Definitions.—In this section:

"(1) Appropriate committees of congress.—The term 'appropriate committees of Congress' means—

"(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate; and

"(B) the Committee on Homeland Security and the Committee on Armed Services of the House of Representatives.

"(2) Internet ecosystem company.—The term 'internet ecosystem company' means a business incorporated in the United States that provides cybersecurity services, internet service, content delivery services, Domain Name Service, cloud services, mobile telecommunications services, email and messaging services, internet browser services, or such other services as the Secretary determines appropriate for the purposes of the pilot program under subsection (a).

"(3) Secretary.—The term 'Secretary' means the Secretary of Homeland Security."

K–12 Cybersecurity

Pub. L. 117–47, Oct. 8, 2021, 135 Stat. 397, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'K–12 Cybersecurity Act of 2021'.

"SEC. 2. FINDINGS.

"Congress finds the following:

"(1) K–12 educational institutions across the United States are facing cyber attacks.

"(2) Cyber attacks place the information systems of K–12 educational institutions at risk of possible disclosure of sensitive student and employee information, including—

"(A) grades and information on scholastic development;

"(B) medical records;

"(C) family records; and

"(D) personally identifiable information.

"(3) Providing K–12 educational institutions with resources to aid cybersecurity efforts will help K–12 educational institutions prevent, detect, and respond to cyber events.

"SEC. 3. K–12 EDUCATION CYBERSECURITY INITIATIVE.

"(a) Definitions.—In this section:

"(1) Cybersecurity risk.—The term 'cybersecurity risk' has the meaning given the term in section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) [see 6 U.S.C. 650].

"(2) Director.—The term 'Director' means the Director of Cybersecurity and Infrastructure Security.

"(3) Information system.—The term 'information system' has the meaning given the term in section 3502 of title 44, United States Code.

"(4) K–12 educational institution.—The term 'K–12 educational institution' means an elementary school or a secondary school, as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

"(b) Study.—

"(1) In general.—Not later than 120 days after the date of enactment of this Act [Oct. 8, 2021], the Director, in accordance with subsection (g)(1), shall conduct a study on the specific cybersecurity risks facing K–12 educational institutions that—

"(A) analyzes how identified cybersecurity risks specifically impact K–12 educational institutions;

"(B) includes an evaluation of the challenges K–12 educational institutions face in—

"(i) securing—

     "(I) information systems owned, leased, or relied upon by K–12 educational institutions; and

     "(II) sensitive student and employee records; and

"(ii) implementing cybersecurity protocols;

"(C) identifies cybersecurity challenges relating to remote learning; and

"(D) evaluates the most accessible ways to communicate cybersecurity recommendations and tools.

"(2) Congressional briefing.—Not later than 120 days after the date of enactment of this Act, the Director shall provide a Congressional briefing on the study conducted under paragraph (1).

"(c) Cybersecurity Recommendations.—Not later than 60 days after the completion of the study required under subsection (b)(1), the Director, in accordance with subsection (g)(1), shall develop recommendations that include cybersecurity guidelines designed to assist K–12 educational institutions in facing the cybersecurity risks described in subsection (b)(1), using the findings of the study.

"(d) Online Training Toolkit.—Not later than 120 days after the completion of the development of the recommendations required under subsection (c), the Director shall develop an online training toolkit designed for officials at K–12 educational institutions to—

"(1) educate the officials about the cybersecurity recommendations developed under subsection (c); and

"(2) provide strategies for the officials to implement the recommendations developed under subsection (c).

"(e) Public Availability.—The Director shall make available on the website of the Department of Homeland Security with other information relating to school safety the following:

"(1) The findings of the study conducted under subsection (b)(1).

"(2) The cybersecurity recommendations developed under subsection (c).

"(3) The online training toolkit developed under subsection (d).

"(f) Voluntary Use.—The use of the cybersecurity recommendations developed under [subsection] (c) by K–12 educational institutions shall be voluntary.

"(g) Consultation.—

"(1) In general.—In the course of the conduction of the study required under subsection (b)(1) and the development of the recommendations required under subsection (c), the Director shall consult with individuals and entities focused on cybersecurity and education, as appropriate, including—

"(A) teachers;

"(B) school administrators;

"(C) Federal agencies;

"(D) non-Federal cybersecurity entities with experience in education issues; and

"(E) private sector organizations.

"(2) Inapplicability of faca.—The Federal Advisory Committee Act ([former] 5 U.S.C App.) [see 5 U.S.C. 1001 et seq.] shall not apply to any consultation under paragraph (1)."

Under Secretary Responsible for Overseeing Critical Infrastructure Protection, Cybersecurity and Related Programs Authorized To Serve as Director of Cybersecurity and Infrastructure Security

Pub. L. 115–278, §2(b)(1), Nov. 16, 2018, 132 Stat. 4175, provided that: "The individual serving as the Under Secretary appointed pursuant to section 103(a)(1)(H) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H)) of the Department of Homeland Security on the day before the date of enactment of this Act [Nov. 16, 2018] may continue to serve as the Director of Cybersecurity and Infrastructure Security of the Department on and after such date."
6 U.S.C. § 1137 (2024) — Title 6: DOMESTIC SECURITY / Chapter 4: TRANSPORTATION SECURITY / Subchapter III: PUBLIC TRANSPORTATION SECURITY / Section 1137: Public transportation security training program
Public transportation security training program
Status: in_force

(a) In general

Not later than 90 days after August 3, 2007, the Secretary shall develop and issue detailed interim final regulations, and not later than 1 year after August 3, 2007, the Secretary shall develop and issue detailed final regulations, for a public transportation security training program to prepare public transportation employees, including frontline employees, for potential security threats and conditions.

(b) Consultation

The Secretary shall develop the interim final and final regulations under subsection (a) in consultation with—

(1) appropriate law enforcement, fire service, security, and terrorism experts;

(2) representatives of public transportation agencies; and

(3) nonprofit employee labor organizations representing public transportation employees or emergency response personnel.

(c) Program elements

The interim final and final regulations developed under subsection (a) shall require security training programs to include, at a minimum, elements to address the following:

(1) Determination of the seriousness of any occurrence or threat.

(2) Crew and passenger communication and coordination.

(3) Appropriate responses to defend oneself, including using nonlethal defense devices.

(4) Use of personal protective devices and other protective equipment.

(5) Evacuation procedures for passengers and employees, including individuals with disabilities and the elderly.

(6) Training related to behavioral and psychological understanding of, and responses to, terrorist incidents, including the ability to cope with hijacker behavior, and passenger responses.

(7) Live situational training exercises regarding various threat conditions, including tunnel evacuation procedures.

(8) Recognition and reporting of dangerous substances and suspicious packages, persons, and situations.

(9) Understanding security incident procedures, including procedures for communicating with governmental and nongovernmental emergency response providers and for on scene interaction with such emergency response providers.

(10) Operation and maintenance of security equipment and systems.

(11) Other security training activities that the Secretary deems appropriate.

(d) Required programs

(1) Development and submission to Secretary

Not later than 90 days after a public transportation agency meets the requirements under subsection (e), each such public transportation agency shall develop a security training program in accordance with the regulations developed under subsection (a) and submit the program to the Secretary for approval.

(2) Approval

Not later than 60 days after receiving a security training program proposal under this subsection, the Secretary shall approve the program or require the public transportation agency that developed the program to make any revisions to the program that the Secretary determines necessary for the program to meet the requirements of the regulations. A public transportation agency shall respond to the Secretary's comments within 30 days after receiving them.

(3) Training

Not later than 1 year after the Secretary approves a security training program proposal in accordance with this subsection, the public transportation agency that developed the program shall complete the training of all employees covered under the program.

(4) Updates of regulations and program revisions

The Secretary shall periodically review and update, as appropriate, the training regulations issued under subsection (a) to reflect new or changing security threats. Each public transportation agency shall revise its training program accordingly and provide additional training as necessary to its workers within a reasonable time after the regulations are updated.

(e) Applicability

A public transportation agency that receives a grant award under this subchapter shall be required to develop and implement a security training program pursuant to this section.

(f) Long-term training requirement

Any public transportation agency required to develop a security training program pursuant to this section shall provide routine and ongoing training for employees covered under the program, regardless of whether the public transportation agency receives subsequent grant awards.

(g) National Training Program

The Secretary shall ensure that the training program developed under subsection (a) is a component of the National Training Program established under section 748 of this title.

(h) Ferry exemption

This section shall not apply to any ferry system for which training is required to be conducted pursuant to section 70103 of title 46.

(i) Report

Not later than 2 years after the date of issuance of the final regulation, the Comptroller General shall review implementation of the training program, including interviewing a representative sample of public transportation agencies and employees, and report to the appropriate congressional committees, on the number of reviews conducted and the results. The Comptroller General may submit the report in both classified and redacted formats as necessary.

(Pub. L. 110–53, title XIV, §1408, Aug. 3, 2007, 121 Stat. 409.)
6 U.S.C. § 320 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter V: NATIONAL EMERGENCY MANAGEMENT / Section 320: Credentialing and typing
Credentialing and typing
Status: in_force

(a) In general

The Administrator shall enter into a memorandum of understanding with the administrators of the Emergency Management Assistance Compact, State, local, and tribal governments, and organizations that represent emergency response providers, to collaborate on developing standards for deployment capabilities, including for credentialing and typing of incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to natural disasters, acts of terrorism, and other man-made disasters.

(b) Distribution

(1) In general

Not later than 1 year after August 3, 2007, the Administrator shall provide the standards developed under subsection (a), including detailed written guidance, to—

(A) each Federal agency that has responsibilities under the National Response Plan to aid that agency with credentialing and typing incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster; and

(B) State, local, and tribal governments, to aid such governments with credentialing and typing of State, local, and tribal incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster.

(2) Assistance

The Administrator shall provide expertise and technical assistance to aid Federal, State, local, and tribal government agencies with credentialing and typing incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster.

(c) Credentialing and typing of personnel

Not later than 6 months after receiving the standards provided under subsection (b), each Federal agency with responsibilities under the National Response Plan shall ensure that incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other manmade disaster are credentialed and typed in accordance with this section.

(d) Consultation on health care standards

In developing standards for credentialing health care professionals under this section, the Administrator shall consult with the Secretary of Health and Human Services.

(Pub. L. 107–296, title V, §510, as added Pub. L. 109–295, title VI, §611(13), Oct. 4, 2006, 120 Stat. 1406; amended Pub. L. 110–53, title IV, §408, Aug. 3, 2007, 121 Stat. 304.)

Editorial Notes

Prior Provisions

A prior section 510 of Pub. L. 107–296 was renumbered section 521 and is classified to section 321j of this title.

Another prior section 510 of Pub. L. 107–296 was classified to section 321 of this title, prior to repeal by Pub. L. 109–295.

Amendments

2007—Pub. L. 110–53 designated existing provisions as subsec. (a), inserted heading, substituted "for credentialing and typing of incident management personnel, emergency response providers, and other personnel (including temporary personnel) and" for "credentialing of personnel and typing of", and added subsecs. (b) to (d).

Statutory Notes and Related Subsidiaries

Change of Name

Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of this title.

Scope of Practice in Public Health Emergency

Pub. L. 117–328, div. F, title V, §543, Dec. 29, 2022, 136 Stat. 4757, provided that: "Subsection (c) of section 16005 of title VI of division B of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) [set out below] shall be applied as if the language read as follows: 'Subsection (a) shall apply until September 30, 2023.'."

Similar provisions were contained in the following prior appropriation act:

Pub. L. 117–103, div. F, title V, §541, Mar. 15, 2022, 136 Stat. 344.

Pub. L. 116–136, div. B, title VI, §16005, Mar. 27, 2020, 134 Stat. 545, provided that:

"(a) Notwithstanding any other provision of law regarding the licensure of health-care providers, a health-care professional described in subsection (b) may practice the health profession or professions of the health-care professional at any location in any State, the District of Columbia, or Commonwealth, territory, or possession of the United States, or any location designated by the Secretary, regardless of where such health-care professional or the patient is located, so long as the practice is within the scope of the authorized Federal duties of such health-care professional.

"(b) Definition.—As used in this section, the term 'health-care professional' means an individual (other than a member of the Coast Guard, a civilian employee of the Coast Guard, member of the Public Health Service who is assigned to the Coast Guard, or an individual with whom the Secretary, pursuant to 10 U.S.C. 1091, has entered into a personal services contract to carry out health care responsibilities of the Secretary at a medical treatment facility of the Coast Guard) who—

"(1) is—

"(A) an employee of the Department of Homeland Security,

"(B) a detailee to the Department from another Federal agency,

"(C) a personal services contractor of the Department, or

"(D) hired under a Contract for Services;

"(2) performs health care services as part of duties of the individual in that capacity;

"(3) has a current, valid, and unrestricted equivalent license certification that is—

"(A) issued by a State, the District of Columbia, or a Commonwealth, territory, or possession of the United States; and

"(B) for the practice of medicine, osteopathic medicine, dentistry, nursing, emergency medical services, or another health profession; and

"(4) is not affirmatively excluded from practice in the licensing or certifying jurisdiction or in any other jurisdiction.

"(c) Subsection (a) shall apply during the incident period of the emergency declared by the President on March 13, 2020, pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act [Pub. L. 93–288] (42 U.S.C. 5121(b) [5191(b)]), and to any subsequent major declaration under section 401 of such Act [42 U.S.C. 5170] that supersedes such emergency declaration."
6 U.S.C. § 361 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VIII: COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS / Section 361: Office for State and Local Government Coordination
Office for State and Local Government Coordination
Status: in_force

(a) Establishment

There is established within the Office of the Secretary the Office for State and Local Government Coordination, to oversee and coordinate departmental programs for and relationships with State and local governments.

(b) Responsibilities

The Office established under subsection (a) shall—

(1) coordinate the activities of the Department relating to State and local government;

(2) assess, and advocate for, the resources needed by State and local government to implement the national strategy for combating terrorism;

(3) provide State and local government with regular information, research, and technical support to assist local efforts at securing the homeland; and

(4) develop a process for receiving meaningful input from State and local government to assist the development of the national strategy for combating terrorism and other homeland security activities.

(Pub. L. 107–296, title VIII, §801, Nov. 25, 2002, 116 Stat. 2220.)

Executive Documents

Ex. Ord. No. 13629. Establishing the White House Homeland Security Partnership Council

Ex. Ord. No. 13629, Oct. 26, 2012, 77 F.R. 66353, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to advance the Federal Government's use of local partnerships to address homeland security challenges, it is hereby ordered as follows:

Section 1. Policy. The purpose of this order is to maximize the Federal Government's ability to develop local partnerships in the United States to support homeland security priorities. Partnerships are collaborative working relationships in which the goals, structure, and roles and responsibilities of the relationships are mutually determined. Collaboration enables the Federal Government and its partners to use resources more efficiently, build on one another's expertise, drive innovation, engage in collective action, broaden investments to achieve shared goals, and improve performance. Partnerships enhance our ability to address homeland security priorities, from responding to natural disasters to preventing terrorism, by utilizing diverse perspectives, skills, tools, and resources.

The National Security Strategy emphasizes the importance of partnerships, underscoring that to keep our Nation safe "we must tap the ingenuity outside government through strategic partnerships with the private sector, nongovernmental organizations, foundations, and community-based organizations. Such partnerships are critical to U.S. success at home and abroad, and we will support them through enhanced opportunities for engagement, coordination, transparency, and information sharing." This approach recognizes that, given the complexities and range of challenges, we must institutionalize an all-of-Nation effort to address the evolving threats to the United States.

Sec. 2. White House Homeland Security Partnership Council and Steering Committee.

(a) White House Homeland Security Partnership Council. There is established a White House Homeland Security Partnership Council (Council) to foster local partnerships—between the Federal Government and the private sector, nongovernmental organizations, foundations, community-based organizations, and State, local, tribal, and territorial government and law enforcement—to address homeland security challenges. The Council shall be chaired by the Assistant to the President for Homeland Security and Counterterrorism (Chair), or a designee from the National Security Staff.

(b) Council Membership.

(i) Pursuant to the nomination process established in subsection (b)(ii) of this section, the Council shall be composed of Federal officials who are from field offices of the executive departments, agencies, and bureaus (agencies) that are members of the Steering Committee established in subsection (c) of this section, and who have demonstrated an ability to develop, sustain, and institutionalize local partnerships to address policy priorities.

(ii) The nomination process and selection criteria for members of the Council shall be established by the Steering Committee. Based on those criteria, agency heads may select and present to the Steering Committee their nominee or nominees to represent them on the Council. The Steering Committee shall consider all of the nominees and decide by consensus which of the nominees shall participate on the Council. Each member agency on the Steering Committee, with the exception of the Office of the Director of National Intelligence, may have at least one representative on the Council.

(c) Steering Committee. There is also established a Steering Committee, chaired by the Chair of the Council, to provide guidance to the Council and perform other functions as set forth in this order. The Steering Committee shall include a representative at the Deputy agency head level, or that representative's designee, from the following agencies:

(i) Department of State;

(ii) Department of the Treasury;

(iii) Department of Defense;

(iv) Department of Justice;

(v) Department of the Interior;

(vi) Department of Agriculture;

(vii) Department of Commerce;

(viii) Department of Labor;

(ix) Department of Health and Human Services;

(x) Department of Housing and Urban Development;

(xi) Department of Transportation;

(xii) Department of Energy;

(xiii) Department of Education;

(xiv) Department of Veterans Affairs;

(xv) Department of Homeland Security;

(xvi) Office of the Director of National Intelligence;

(xvii) Environmental Protection Agency;

(xviii) Small Business Administration; and

(xix) Federal Bureau of Investigation.

At the invitation of the Chair, representatives of agencies not listed in subsection (c) of this section or other executive branch entities may attend and participate in Steering Committee meetings as appropriate.

(d) Administration. The Chair or a designee shall convene meetings of the Council and Steering Committee, determine their agendas, and coordinate their work. The Council may establish subgroups consisting exclusively of Council members or their designees, as appropriate.

Sec. 3. Mission and Function of the Council and Steering Committee. (a) The Council shall, consistent with guidance from the Steering Committee:

(i) advise the Chair and Steering Committee members on priorities, challenges, and opportunities for local partnerships to support homeland security priorities, as well as regularly report to the Steering Committee on the Council's efforts;

(ii) promote homeland security priorities and opportunities for collaboration between Federal Government field offices and State, local, tribal, and territorial stakeholders;

(iii) advise and confer with State, local, tribal, and territorial stakeholders and agencies interested in expanding or building local homeland security partnerships;

(iv) raise awareness of local partnership best practices that can support homeland security priorities;

(v) as appropriate, conduct outreach to representatives of the private sector, nongovernmental organizations, foundations, community-based organizations, and State, local, tribal, and territorial government and law enforcement entities with relevant expertise for local homeland security partnerships, and collaborate with other Federal Government bodies; and

(vi) convene an annual meeting to exchange key findings, progress, and best practices.

(b) The Steering Committee shall:

(i) determine the scope of issue areas the Council will address and its operating protocols, in consultation with the Office of Management and Budget;

(ii) establish the nomination process and selection criteria for members of the Council as set forth in section 2(b)(ii) of this order;

(iii) provide guidance to the Council on the activities set forth in subsection (a) of this section; and

(iv) within 1 year of the selection of the Council members, and annually thereafter, provide a report on the work of the Council to the President through the Chair.

Sec. 4. General Provisions. (a) The heads of agencies participating in the Steering Committee shall assist and provide information to the Council, consistent with applicable law, as may be necessary to implement this order. Each agency shall bear its own expense for participating in the Council.

(b) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the head thereof;

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or

(iii) the functions of the Overseas Security Advisory Council.

(c) This order shall be implemented consistent with applicable law and appropriate protections for privacy and civil liberties, and subject to the availability of appropriations.

(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

Barack Obama.      

[Reference to the National Security Staff deemed to be a reference to the National Security Council Staff, see Ex. Ord. No. 13657, set out as a note under section 3021 of Title 50, War and National Defense.]
6 U.S.C. § 344 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VII: MANAGEMENT / Section 344: Chief Human Capital Officer
Chief Human Capital Officer
Status: in_force

(a) In general

The Chief Human Capital Officer shall report directly to the Under Secretary for Management.

(b) Responsibilities

In addition to the responsibilities set forth in chapter 14 of title 5 and other applicable law, the Chief Human Capital Officer of the Department shall—

(1) develop and implement strategic workforce planning policies, including with respect to leader development and employee engagement, that are consistent with Government-wide leading principles, in line with Department strategic human capital goals and priorities, and informed by best practices within the Federal Government and the private sector, taking into account the special requirements of members of the Armed Forces serving in the Coast Guard;

(2) use performance measures to evaluate, on an ongoing basis, Department-wide strategic workforce planning efforts;

(3) develop, improve, and implement policies that, to the extent practicable, are informed by employee feedback, including compensation flexibilities available to Federal agencies where appropriate, to recruit, hire, train, and retain the workforce of the Department, in coordination with all components of the Department;

(4) identify methods for managing and overseeing human capital programs and initiatives, including leader development and employee engagement programs, in coordination with the head of each component of the Department;

(5) develop a career path framework and create opportunities for leader development in coordination with all components of the Department that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and nonsupervisory roles across the Department and appropriate workforce planning initiatives;

(6) lead the efforts of the Department for managing employee resources, including training and development opportunities, in coordination with each component of the Department;

(7) work to ensure the Department is implementing human capital programs and initiatives and effectively educating each component of the Department about these programs and initiatives;

(8) identify and eliminate unnecessary and duplicative human capital policies and guidance;

(9) maintain a catalogue of available employee development opportunities, including the Homeland Security Rotation Program pursuant to section 414 of this title, departmental leadership development programs, interagency development programs, and other rotational programs;

(10) ensure that employee discipline and adverse action programs comply with the requirements of all pertinent laws, rules, regulations, and Federal guidance, and ensure due process for employees;

(11) analyze each Department or Government-wide Federal workforce satisfaction or morale survey not later than 90 days after the date of the publication of each such survey and submit to the Secretary such analysis, including, as appropriate, recommendations to improve workforce satisfaction or morale within the Department;

(12) review and approve all component employee engagement action plans to ensure such plans include initiatives responsive to the root cause of employee engagement challenges, as well as outcome-based performance measures and targets to track the progress of such initiatives;

(13) provide input concerning the hiring and performance of the Chief Human Capital Officer or comparable official in each component of the Department; and

(14) ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 of title 5.

(c) Component strategies

(1) In general

Each component of the Department shall, in coordination with the Chief Human Capital Officer of the Department, develop a 5-year workforce strategy for the component that will support the goals, objectives, and performance measures of the Department for determining the proper balance of Federal employees and private labor resources.

(2) Strategy requirements

In developing the strategy required under paragraph (1), each component shall consider the effect on human resources associated with creating additional Federal full-time equivalent positions, converting private contractors to Federal employees, or relying on the private sector for goods and services.

(d) Chief Learning and Engagement Officer

The Chief Human Capital Officer may designate an employee of the Department to serve as a Chief Learning and Engagement Officer to assist the Chief Human Capital Officer in carrying out this section.

(e) Annual submission

Not later than 90 days after the date on which the Secretary submits the annual budget justification for the Department, the Secretary shall submit to the congressional homeland security committees a report that includes a table, delineated by component with actual and enacted amounts, including—

(1) information on the progress within the Department of fulfilling the workforce strategies developed under subsection (c);

(2) information on employee development opportunities catalogued pursuant to paragraph (9) of subsection (b) and any available data on participation rates, attrition rates, and impacts on retention and employee satisfaction;

(3) information on the progress of Departmentwide strategic workforce planning efforts as determined under paragraph (2) of subsection (b);

(4) information on the activities of the steering committee established pursuant to section 351(a) of this title, including the number of meetings, types of materials developed and distributed, and recommendations made to the Secretary;

(5) the number of on-board staffing for Federal employees from the prior fiscal year;

(6) the total contract hours submitted by each prime contractor as part of the service contract inventory required under section 743 of the Financial Services and General Government Appropriations Act, 2010 (division C of Public Law 111–117; 31 U.S.C. 501 note); and

(7) the number of full-time equivalent personnel identified under the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.).

(f) Limitation

Nothing in this section overrides or otherwise affects the requirements specified in section 468 of this title.

(Pub. L. 107–296, title VII, §704, Nov. 25, 2002, 116 Stat. 2219; Pub. L. 114–328, div. A, title XIX, §1904, Dec. 23, 2016, 130 Stat. 2674; Pub. L. 117–81, div. F, title LXIV, §6403, Dec. 27, 2021, 135 Stat. 2399.)

Editorial Notes

References in Text

The Intergovernmental Personnel Act of 1970, referred to in subsec. (e)(7), is Pub. L. 91–648, Jan. 5, 1971, 84 Stat. 1909, which is classified principally to chapter 62 (§4701 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4701 of Title 42 and Tables.

Amendments

2021—Subsec. (b)(1). Pub. L. 117–81, §6403(a)(1), inserted ", including with respect to leader development and employee engagement," after "policies" and "and informed by best practices within the Federal Government and the private sector," after "priorities,", and substituted ", in line" for "and in line".

Subsec. (b)(2). Pub. L. 117–81, §6403(1)(B), substituted "use performance measures to evaluate, on an ongoing basis," for "develop performance measures to provide a basis for monitoring and evaluating".

Subsec. (b)(3). Pub. L. 117–81, §6403(1)(C), inserted "that, to the extent practicable, are informed by employee feedback" after "policies".

Subsec. (b)(4). Pub. L. 117–81, §6403(1)(D), inserted "including leader development and employee engagement programs," before "in coordination".

Subsec. (b)(5). Pub. L. 117–81, §6403(1)(E), inserted "that is informed by an assessment, carried out by the Chief Human Capital Officer, of the learning and developmental needs of employees in supervisory and nonsupervisory roles across the Department and appropriate workforce planning initiatives" before semicolon at end.

Subsec. (b)(9) to (12). Pub. L. 117–81, §6403(1)(G), added pars. (9) to (12). Former pars. (9) and (10) redesignated (13) and (14), respectively.

Subsec. (b)(13), (14). Pub. L. 117–81, §6403(1)(F), redesignated pars. (9) and (10) as (13) and (14), respectively.

Subsec. (d). Pub. L. 117–81, §6403(3), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 117–81, §6403(2), (4), redesignated subsec. (d) as (e), inserted pars. (2) to (4), and redesignated former pars. (2) to (4) as (5) to (7), respectively.

Subsec. (f). Pub. L. 117–81, §6403(2), redesignated subsec. (e) as (f).

2016—Pub. L. 114–328 amended section generally. Prior to amendment, text read as follows: "The Chief Human Capital Officer shall report to the Secretary, or to another official of the Department, as the Secretary may direct and shall ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 of title 5 by—

"(1) participating in the 2302(c) Certification Program of the Office of Special Counsel;

"(2) achieving certification from the Office of Special Counsel of the Department's compliance with section 2302(c) of title 5; and

"(3) informing Congress of such certification not later than 24 months after November 25, 2002."
6 U.S.C. § 276 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter IV: BORDER, MARITIME, AND TRANSPORTATION SECURITY / Section 276: Report on improving immigration services
Report on improving immigration services
Status: in_force

(a) In general

The Secretary, not later than 1 year after the effective date of this chapter, shall submit to the Committees on the Judiciary and Appropriations of the House of Representatives and of the Senate a report with a plan detailing how the Bureau of Citizenship and Immigration Services, after the transfer of functions specified in this part takes effect, will complete efficiently, fairly, and within a reasonable time, the adjudications described in paragraphs (1) through (5) of section 271(b) of this title.

(b) Contents

For each type of adjudication to be undertaken by the Director of the Bureau of Citizenship and Immigration Services, the report shall include the following:

(1) Any potential savings of resources that may be implemented without affecting the quality of the adjudication.

(2) The goal for processing time with respect to the application.

(3) Any statutory modifications with respect to the adjudication that the Secretary considers advisable.

(c) Consultation

In carrying out subsection (a), the Secretary shall consult with the Secretary of State, the Secretary of Labor, the Assistant Secretary of the Bureau of Border Security of the Department, and the Director of the Executive Office for Immigration Review to determine how to streamline and improve the process for applying for and making adjudications described in section 271(b) of this title and related processes.

(Pub. L. 107–296, title IV, §459, Nov. 25, 2002, 116 Stat. 2201.)

Editorial Notes

References in Text

The effective date of this chapter, referred to in subsec. (a), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of this title.

Statutory Notes and Related Subsidiaries

Change of Name

Bureau of Border Security, referred to in subsec. (c), changed to Bureau of Immigration and Customs Enforcement by Reorganization Plan Modification for the Department of Homeland Security, eff. Mar. 1, 2003, H. Doc. No. 108–32, 108th Congress, 1st Session, set out as a note under section 542 of this title.
6 U.S.C. § 665e (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter XVIII: CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY / Section 665e: Cybersecurity Advisory Committee
Cybersecurity Advisory Committee
Status: in_force

(a) Establishment

The Secretary shall establish within the Agency a Cybersecurity Advisory Committee (referred to in this section as the "Advisory Committee").

(b) Duties

(1) In general

The Advisory Committee shall advise, consult with, report to, and make recommendations to the Director, as appropriate, on the development, refinement, and implementation of policies, programs, planning, and training pertaining to the cybersecurity mission of the Agency.

(2) Recommendations

(A) In general

The Advisory Committee shall develop, at the request of the Director, recommendations for improvements to advance the cybersecurity mission of the Agency and strengthen the cybersecurity of the United States.

(B) Recommendations of subcommittees

Recommendations agreed upon by subcommittees established under subsection (d) for any year shall be approved by the Advisory Committee before the Advisory Committee submits to the Director the annual report under paragraph (4) for that year.

(3) Periodic reports

The Advisory Committee shall periodically submit to the Director—

(A) reports on matters identified by the Director; and

(B) reports on other matters identified by a majority of the members of the Advisory Committee.

(4) Annual report

(A) In general

The Advisory Committee shall submit to the Director an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its subcommittees, for the preceding year.

(B) Publication

Not later than 180 days after the date on which the Director receives an annual report for a year under subparagraph (A), the Director shall publish a public version of the report describing the activities of the Advisory Committee and such related matters as would be informative to the public during that year, consistent with section 552(b) of title 5.

(5) Feedback

Not later than 90 days after receiving any recommendation submitted by the Advisory Committee under paragraph (2), (3), or (4), the Director shall respond in writing to the Advisory Committee with feedback on the recommendation. Such a response shall include—

(A) with respect to any recommendation with which the Director concurs, an action plan to implement the recommendation; and

(B) with respect to any recommendation with which the Director does not concur, a justification for why the Director does not plan to implement the recommendation.

(6) Congressional notification

Not less frequently than once per year after January 1, 2021, the Director shall provide to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives a briefing on feedback from the Advisory Committee.

(7) Governance rules

The Director shall establish rules for the structure and governance of the Advisory Committee and all subcommittees established under subsection (d).

(c) Membership

(1) Appointment

(A) In general

Not later than 180 days after the date of enactment of the Cybersecurity Advisory Committee Authorization Act of 2020,1 the Director shall appoint the members of the Advisory Committee.

(B) Composition

The membership of the Advisory Committee shall consist of not more than 35 individuals.

(C) Representation

(i) In general

The membership of the Advisory Committee shall satisfy the following criteria:

(I) Consist of subject matter experts.

(II) Be geographically balanced.

(III) Include representatives of State, local, and Tribal governments and of a broad range of industries, which may include the following:

(aa) Defense.

(bb) Education.

(cc) Financial services and insurance.

(dd) Healthcare.

(ee) Manufacturing.

(ff) Media and entertainment.

(gg) Chemicals.

(hh) Retail.

(ii) Transportation.

(jj) Energy.

(kk) Information Technology.

(ll) Communications.

(mm) Other relevant fields identified by the Director.

(ii) Prohibition

Not fewer than one member nor more than three members may represent any one category under clause (i)(III).

(iii) Publication of membership list

The Advisory Committee shall publish its membership list on a publicly available website not less than once per fiscal year and shall update the membership list as changes occur.

(2) Term of office

(A) Terms

The term of each member of the Advisory Committee shall be two years, except that a member may continue to serve until a successor is appointed.

(B) Removal

The Director may review the participation of a member of the Advisory Committee and remove such member any time at the discretion of the Director.

(C) Reappointment

A member of the Advisory Committee may be reappointed for an unlimited number of terms.

(3) Prohibition on compensation

The members of the Advisory Committee may not receive pay or benefits from the United States Government by reason of their service on the Advisory Committee.

(4) Meetings

(A) In general

The Director shall require the Advisory Committee to meet not less frequently than semiannually, and may convene additional meetings as necessary.

(B) Public meetings

At least one of the meetings referred to in subparagraph (A) shall be open to the public.

(C) Attendance

The Advisory Committee shall maintain a record of the persons present at each meeting.

(5) Member access to classified information

(A) In general

Not later than 60 days after the date on which a member is first appointed to the Advisory Committee and before the member is granted access to any classified information, the Director shall determine, for the purposes of the Advisory Committee, if the member should be restricted from reviewing, discussing, or possessing classified information.

(B) Access

Access to classified materials shall be managed in accordance with Executive Order No. 13526 of December 29, 2009 (75 Fed. Reg. 707), or any subsequent corresponding Executive Order.

(C) Protections

A member of the Advisory Committee shall protect all classified information in accordance with the applicable requirements for the particular level of classification of such information.

(D) Rule of construction

Nothing in this paragraph shall be construed to affect the security clearance of a member of the Advisory Committee or the authority of a Federal agency to provide a member of the Advisory Committee access to classified information.

(6) Chairperson

The Advisory Committee shall select, from among the members of the Advisory Committee—

(A) a member to serve as chairperson of the Advisory Committee; and

(B) a member to serve as chairperson of each subcommittee of the Advisory Committee established under subsection (d).

(d) Subcommittees

(1) In general

The Director shall establish subcommittees within the Advisory Committee to address cybersecurity issues, which may include the following:

(A) Information exchange.

(B) Critical infrastructure.

(C) Risk management.

(D) Public and private partnerships.

(2) Meetings and reporting

Each subcommittee shall meet not less frequently than semiannually, and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including activities, findings, and recommendations, regarding subject matter considered by the subcommittee.

(3) Subject matter experts

The chair of the Advisory Committee shall appoint members to subcommittees and shall ensure that each member appointed to a subcommittee has subject matter expertise relevant to the subject matter of the subcommittee.

(Pub. L. 107–296, title XXII, §2219, formerly §2216, as added Pub. L. 116–283, div. A, title XVII, §1718(a), Jan. 1, 2021, 134 Stat. 4102; renumbered §2219 and amended Pub. L. 117–81, div. A, title XV, §1547(b)(1)(A)(vi), Dec. 27, 2021, 135 Stat. 2061.)

Editorial Notes

References in Text

The date of enactment of the Cybersecurity Advisory Committee Authorization Act of 2020, referred to in subsec. (c)(1)(A), probably means the date of enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, Pub. L. 116–283, which was approved Jan. 1, 2021. No act named the Cybersecurity Advisory Committee Authorization Act of 2020 has been enacted. However, a bill, S. 4024, entitled "Cybersecurity Advisory Committee Authorization Act of 2020" was introduced to Senate on June 22, 2020.

Executive Order No. 13526, referred to in subsec. (c)(5)(B), is Ex. Ord. No. 13526, Dec. 29, 2009, 75 F.R. 707, set out as a note under section 3161 of Title 50, War and National Defense.

Amendments

2021—Pub. L. 117–81 reenacted section catchline.

1 See References in Text note below.
6 U.S.C. § 970 (2024) — Title 6: DOMESTIC SECURITY / Chapter 3: SECURITY AND ACCOUNTABILITY FOR EVERY PORT / Subchapter II: SECURITY OF THE INTERNATIONAL SUPPLY CHAIN / Section 970: Noncontainerized cargo
Noncontainerized cargo
Status: in_force

The Secretary, acting through the Commissioner, shall consider the potential for participation in C–TPAT by importers of noncontainerized cargoes that otherwise meet the requirements under this part.

(Pub. L. 109–347, title II, §220, Oct. 13, 2006, 120 Stat. 1914.)
6 U.S.C. § 455 (2024) — Title 6: DOMESTIC SECURITY / Chapter 1: HOMELAND SECURITY ORGANIZATION / Subchapter VIII: COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS / Section 455: Miscellaneous authorities
Miscellaneous authorities
Status: in_force

(a) Seal

The Department shall have a seal, whose design is subject to the approval of the President.

(b) Participation of members of the Armed Forces

With respect to the Department, the Secretary shall have the same authorities that the Secretary of Transportation has with respect to the Department of Transportation under section 324 of title 49.

(c) Redelegation of functions

Unless otherwise provided in the delegation or by law, any function delegated under this chapter may be redelegated to any subordinate.

(d) Investigation of certain violent acts, shootings, and mass killings

(1) In general

At the request of an appropriate law enforcement official of a State or political subdivision, the Secretary, through deployment of the Secret Service or United States Immigration and Customs Enforcement, may assist in the investigation of violent acts and shootings occurring in a place of public use, and in the investigation of mass killings and attempted mass killings. Any assistance provided by the Secretary under this subsection shall be presumed to be within the scope of Federal office or employment.

(2) Definitions

For purposes of this subsection—

(A) the term "mass killings" means 3 or more killings in a single incident; and

(B) the term "place of public use" has the meaning given that term under section 2332f(e)(6) of title 18.

(Pub. L. 107–296, title VIII, §875, Nov. 25, 2002, 116 Stat. 2244; Pub. L. 112–265, §2(b), Jan. 14, 2013, 126 Stat. 2435.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (c), was in the original "this Act", meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.

Amendments

2013—Subsec. (d). Pub. L. 112–265 added subsec (d).
6 U.S.C. § 972 (2024) — Title 6: DOMESTIC SECURITY / Chapter 3: SECURITY AND ACCOUNTABILITY FOR EVERY PORT / Subchapter II: SECURITY OF THE INTERNATIONAL SUPPLY CHAIN / Section 972: Additional personnel
Additional personnel
Status: in_force

For fiscal years 2008 and 2009, the Commissioner shall increase by not less than 50 the number of full-time personnel engaged in the validation and revalidation of C–TPAT participants (over the number of such personnel on the last day of the previous fiscal year), and shall provide appropriate training and support to such additional personnel.

(Pub. L. 109–347, title II, §222, Oct. 13, 2006, 120 Stat. 1914.)