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an information system or information that 
is stored on, processed by, or transiting an 
information system. 
‘‘(11) CONSTRUCTION AND PREEMPTION.— 
‘‘(A) 
OTHERWISE
LAWFUL
DISCLO-
SURES.—Nothing in this section may be con-
strued to limit or prohibit otherwise lawful dis-
closures of communications, records, or other 
information, including reporting of known or 
suspected criminal activity or participating vol-
untarily or under legal requirement in an inves-
tigation, by a non-Federal to any other non- 
Federal entity or Federal entity under this sec-
tion. 
‘‘(B) WHISTLE BLOWER PROTECTIONS.— 
Nothing in this section may be construed to 
prohibit or limit the disclosure of information 
protected under section 2302(b)(8) of title 5, 
United States Code (governing disclosures of il-
legality, waste, fraud, abuse, or public health or 
safety threats), section 7211 of title 5, United 
States Code (governing disclosures to Con-
gress), section 1034 of title 10, United States 
Code (governing disclosure to Congress by 
members of the military), section 1104 of the 
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National Security Act of 1947 (50 U.S.C. 
3234) (governing disclosure by employees of 
elements of the intelligence community), or any 
similar provision of Federal or State law. 
‘‘(C) RELATIONSHIP
TO
OTHER
LAWS.— 
Nothing in this section may be construed to af-
fect any requirement under any other provision 
of law for a non-Federal entity to provide infor-
mation to a Federal entity. 
‘‘(D) PRESERVATION
OF
CONTRACTUAL 
OBLIGATIONS
AND
RIGHTS.—Nothing in this 
section may be construed to— 
‘‘(i) amend, repeal, or supersede any 
current or future contractual agreement, 
terms of service agreement, or other con-
tractual relationship between any non-Fed-
eral entities, or between any non-Federal 
entity and a Federal entity; or 
‘‘(ii) abrogate trade secret or intellec-
tual property rights of any non-Federal en-
tity or Federal entity. 
‘‘(E) ANTI-TASKING RESTRICTION.—Noth-
ing in this section may be construed to permit 
a Federal entity to— 
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‘‘(i) require a non-Federal entity to 
provide information to a Federal entity; 
‘‘(ii) condition the sharing of cyber 
threat indicators or defensive measures 
with a non-Federal entity on such non- 
Federal entity’s provision of cyber threat 
indicators or defensive measures to a Fed-
eral entity; or 
‘‘(iii) condition the award of any Fed-
eral grant, contract, or purchase on the 
sharing of cyber threat indicators or defen-
sive measures with a Federal entity. 
‘‘(F) NO LIABILITY FOR NON-PARTICIPA-
TION.—Nothing in this section may be con-
strued to subject any non-Federal entity to li-
ability for choosing to not engage in the vol-
untary activities authorized under this section. 
‘‘(G) USE AND RETENTION OF INFORMA-
TION.—Nothing in this section may be con-
strued to authorize, or to modify any existing 
authority of, a department or agency of the 
Federal Government to retain or use any infor-
mation shared under this section for any use 
other than permitted in this section. 
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‘‘(H) VOLUNTARY
SHARING.—Nothing in 
this section may be construed to restrict or con-
dition a non-Federal entity from sharing, for 
cybersecurity purposes, cyber threat indicators, 
defensive measures, or information related to 
cybersecurity risks or incidents with any other 
non-Federal entity, and nothing in this section 
may be construed as requiring any non-Federal 
entity to share cyber threat indicators, defen-
sive measures, or information related to cyber-
security risks or incidents with the Center. 
‘‘(I) PROHIBITED CONDUCT.—Nothing in 
this section may be construed to permit price- 
fixing, allocating a market between competitors, 
monopolizing or attempting to monopolize a 
market, or exchanges of price or cost informa-
tion, customer lists, or information regarding 
future competitive planning. 
‘‘(J) FEDERAL
PREEMPTION.—This sec-
tion supersedes any statute or other provision 
of law of a State or political subdivision of a 
State that restricts or otherwise expressly regu-
lates an activity authorized under this section. 
‘‘(j) DIRECT REPORTING.—The Secretary shall de-
velop policies and procedures for direct reporting to the 
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Secretary by the Director of the Center regarding signifi-
cant cybersecurity risks and incidents. 
‘‘(k) ADDITIONAL
RESPONSIBILITIES.—The Sec-
retary shall build upon existing mechanisms to promote 
a national awareness effort to educate the general public 
on the importance of securing information systems. 
‘‘(l) REPORTS ON INTERNATIONAL COOPERATION.— 
Not later than 180 days after the date of the enactment 
of this subsection and periodically thereafter, the Sec-
retary of Homeland Security shall submit to the Com-
mittee on Homeland Security of the House of Representa-
tives and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate a report on the range of 
efforts underway to bolster cybersecurity collaboration 
with relevant international partners in accordance with 
subsection (c)(8). 
‘‘(m) OUTREACH.—Not later than 60 days after the 
date of the enactment of this subsection, the Secretary, 
acting through the Under Secretary for Cybersecurity and 
Infrastructure Protection, shall— 
‘‘(1) disseminate to the public information 
about how to voluntarily share cyber threat indica-
tors and defensive measures with the Center; and 
‘‘(2) enhance outreach to critical infrastructure 
owners and operators for purposes of such sharing.’’. 
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SEC. 204. INFORMATION SHARING AND ANALYSIS ORGANI-
ZATIONS. 
Section 212 of the Homeland Security Act of 2002 
(6 U.S.C. 131) is amended— 
(1) in paragraph (5)— 
(A) in subparagraph (A)— 
(i) by inserting ‘‘and information re-
lated to cybersecurity risks and incidents 
and’’ after ‘‘critical infrastructure informa-
tion’’; and 
(ii) by striking ‘‘related to critical in-
frastructure’’ and inserting ‘‘related to cy-
bersecurity risks, incidents, critical infra-
structure, and’’; 
(B) in subparagraph (B)— 
(i) by striking ‘‘disclosing critical in-
frastructure information’’ and inserting 
‘‘disclosing cybersecurity risks, incidents, 
and critical infrastructure information’’; 
and 
(ii) by striking ‘‘related to critical in-
frastructure or’’ and inserting ‘‘related to 
cybersecurity risks, incidents, critical infra-
structure, or’’ and 
(C) in subparagraph (C), by striking ‘‘dis-
seminating critical infrastructure information’’ 
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