EINSTEIN Act of 2015

To help enhance American network security and mitigate cybersecurity risks, and for other purposes. 1. Short title This Act may be cited as the EINSTEIN Act of 2015 2. Protection of Federal civilian information systems (a) In general Subtitle C of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 141 et seq. 230. Available protection of Federal civilian information systems (a) In general The Secretary shall deploy, operate, and maintain, to make available for use by any Federal agency, with or without reimbursement, capabilities to protect Federal agency information and Federal civilian information systems, including technologies to diagnose, detect, prevent, and mitigate against cybersecurity risks involving Federal agency information or Federal civilian information systems. (b) Activities In carrying out this section, the Secretary may— (1) access, and Federal agency heads may disclose to the Secretary or a private entity providing assistance to the Secretary under paragraph (2), information traveling to or from or stored on a Federal civilian information system, regardless of from where the Secretary or a private entity providing assistance to the Secretary under paragraph (2) accesses such information, notwithstanding any other provision of law that would otherwise restrict or prevent Federal agency heads from disclosing such information to the Secretary or a private entity providing assistance to the Secretary under paragraph (2); (2) enter into contracts or other agreements, or otherwise request and obtain the assistance of, private entities to deploy, operate, and maintain technologies in accordance with subsection (a); and (3) retain, use, and disclose information obtained through the conduct of activities authorized under this section only to protect Federal agency information and Federal civilian information systems from cybersecurity risks or in furtherance of the national cybersecurity and communications integration center’s authority under the second section 226, or, with the approval of the Attorney General and if disclosure of such information is not otherwise prohibited by law, to law enforcement only to investigate, prosecute, disrupt, or otherwise respond to— (A) a violation of section 1030 of title 18, United States Code; (B) an imminent threat of death or serious bodily harm; (C) a serious threat to a minor, including sexual exploitation or threats to physical safety; or (D) an attempt, or conspiracy, to commit an offense described in any of subparagraphs (A) through (C). (c) Conditions Contracts or other agreements under subsection (b)(2) shall include appropriate provisions barring— (1) the disclosure of information to any entity other than the Department or a Federal agency disclosing information in accordance with subsection (b)(1) that can be used to identify specific persons and is reasonably believed to be unrelated to a cybersecurity risk; and (2) the use of any information to which such private entity gains access in accordance with this section for any purpose other than to protect Federal agency information and Federal civilian information systems against cybersecurity risks or to administer any such contract or other agreement. (d) Limitation No cause of action shall lie in any court against a private entity for assistance provided to the Secretary in accordance with this section and a contract or agreement under subsection (b)(2). (e) Definition The term cybersecurity risk . (b) Definitions Paragraphs (1) and (2) of the second section 226 of the Homeland Security Act of 2002 ( 6 U.S.C. 148 (1) (A) except as provided in subparagraph (B), the term cybersecurity risk (B) such term does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement; (2) the term incident . (c) Clerical amendment The table of contents of the Homeland Security Act of 2002 is amended by adding at the end the following new item: Sec. 230. Available protection of Federal civilian information systems. .

Summary: EINSTEIN Act of 2015 Amends the Homeland Security Act of 2002 to require the Department of Homeland Security (DHS) to deploy, operate, and maintain (to make available for use by any federal agency, with or without reimbursement) capabilities to protect federal agency information and federal civilian information systems, including technologies to continuously diagnose, detect, prevent, and mitigate against cybersecurity risks involving such information or systems. Authorizes the DHS Secretary to access, and allows federal agency heads to disclose to the Secretary, information traveling to or from or stored on such systems, regardless of from where the Secretary accesses such information, notwithstanding any law that would otherwise restrict or prevent such disclosures. Authorizes the Secretary to retain, use, and disclose information obtained through such activities only to protect federal agency information and federal civilian information systems from cybersecurity risks or in furtherance of the national cybersecurity and communications integration center's (NCCIC's) authority, or, with DOJ approval and if disclosure of such information is not otherwise prohibited by law, to law enforcement only to investigate, prosecute, disrupt, or otherwise respond to: criminal computer fraud; an imminent threat of death or serious bodily harm; a serious threat to a minor, including sexual exploitation or threats to physical safety; or an attempt or conspiracy to commit any of such offenses. Provides liability protections to private entities authorized to assist the Secretary for such purposes. Redefines for purposes of the NCCIC's cybersecurity functions: (1) "cybersecurity risk" to exclude actions that solely involve a violation of a consumer term of service or a consumer licensing agreement; and (2) "incident" to include an occurrence that actually or imminently jeopardizes, without lawful authority, an information system, thereby replacing a standard that includes occurrences that constitute a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.