### §653. Cybersecurity Division

#### (a) Establishment

#### (1) In general

There is established in the Agency a Cybersecurity Division.

#### (2) Executive Assistant Director

The Cybersecurity Division shall be headed by an Executive Assistant Director for Cybersecurity (in this section referred to as "the Executive Assistant Director"), who shall—

(A) be at the level of Assistant Secretary within the Department;

(B) be appointed by the President without the advice and consent of the Senate; and

(C) report to the Director.

#### (3) Reference

Any reference to the Assistant Secretary for Cybersecurity and Communications or Assistant Director for Cybersecurity in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Executive Assistant Director for Cybersecurity.

#### (b) Functions

The Executive Assistant Director shall—

(1) direct the cybersecurity efforts of the Agency;

(2) carry out activities, at the direction of the Director, related to the security of Federal information and Federal 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));

(3) fully participate in the mechanisms required under section 652(c)(7) of this title; and

(4) carry out such other duties and powers as prescribed by the Director.

(Pub. L. 107–296, title XXII, §2203, as added Pub. L. 115–278, §2(a), Nov. 16, 2018, 132 Stat. 4174; amended Pub. L. 116–283, div. H, title XC, §9001(c)(1), Jan. 1, 2021, 134 Stat. 4766.)

#### **Editorial Notes**

#### References in Text

The Cybersecurity Act of 2015, referred to in subsec. (b)(2), is div. N of Pub. L. 114–113, Dec. 18, 2015, 129 Stat. 2835. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.

#### Amendments

2021—Subsec. (a)(2). Pub. L. 116–283, §9001(c)(1)(A)(i), in heading, substituted "Executive Assistant Director" for "Assistant Director" and, in introductory provisions, substituted "Executive Assistant Director for Cybersecurity" for "Assistant Director for Cybersecurity" and " 'the Executive Assistant Director' " for "the 'Assistant Director' ".

Subsec. (a)(3). Pub. L. 116–283, §9001(c)(1)(A)(ii), inserted "or Assistant Director for Cybersecurity" after "Assistant Secretary for Cybersecurity" and substituted "Executive Assistant Director for Cybersecurity." for "Assistant Director for Cybersecurity."

Subsec. (b). Pub. L. 116–283, §9001(c)(1)(B), substituted "Executive Assistant Director" for "Assistant Director" in introductory provisions.

#### **Statutory Notes and Related Subsidiaries**

#### Continuation in Office

Pub. L. 116–283, div. H, title XC, §9001(c)(2), Jan. 1, 2021, 134 Stat. 4767, provided that: "The individual serving as the Assistant Director for Cybersecurity of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security on the day before the date of enactment of this Act [Jan. 1, 2021] may serve as the Executive Assistant Director for Cybersecurity on and after that date without the need for renomination or reappointment."

#### Assistant Secretary for Cybersecurity and Communications Authorized To Serve as Assistant Director for Cybersecurity

Pub. L. 115–278, §2(b)(3), Nov. 16, 2018, 132 Stat. 4175, provided that: "The individual serving as the Assistant Secretary for Cybersecurity and Communications on the day before the date of enactment of this Act [Nov. 16, 2018] may continue to serve as the Assistant Director for Cybersecurity on and after such date."