6 U.S.C. § 652 (DOMESTIC SECURITY)
§ 652. Cybersecurity and Infrastructure Security Agency
(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” (in this part referred to as the “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 a Director of Cybersecurity and Infrastructure Security (in this part referred to as 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 Cybersecurity and Infrastructure Security of the Department.
(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));
(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) 1 carry out the duties and authorities relating to the .gov internet domain, as described in section 665 of this title; 2 and 3
(11) 1 appoint a Cybersecurity State Coordinator in each State, as described in section 665c of this title; 2 and 3
(11) 1 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; and
(12) 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 Cybersecurity and Infrastructure Security 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 Assistant Director.
(2) The Infrastructure Security Division, headed by an Assistant Director.
(3) The Emergency Communications Division under subchapter XIII, headed by an 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.)
heading: Editorial Notes
heading: References in Text
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.
Section 665 of this title, referred to in subsec. (c)(11), was in the original “section 2215”, and was translated as referring to the section 2215 of Pub. L. 107–296 added by section 904(b)(1)(B) of Pub. L. 116–260 relating to the .gov internet domain, to reflect the probable intent of Congress.
Section 665c of this title, referred to in subsec. (c)(11), was in the original “section 2215”, and was translated as referring to the section 2215 of Pub. L. 107–296 added by section 1717(a)(1)(A)(iii) of Pub. L. 116–283 relating to Cybersecurity State Coordinator, to reflect the probable intent of Congress.
heading: Amendments
text: 2021—Subsec. (b)(2), (3). Pub. L. 116–283, § 9001(a), added par. (2) and redesignated former par. (2) as (3).
Subsec. (c)(10). Pub. L. 116–283, § 1719(b)(1), which directed amendment identical to amendment by Pub. L. 116–283, § 1717(a)(1)(A)(i), could not be executed. See 2021 Amendment note below.
Pub. L. 116–283, § 1717(a)(1)(A)(i), which directed amendment of par. (10) by striking out “and” at end, could not be executed because the word “and” did not appear at end.
Subsec. (c)(11). Pub. L. 116–283, § 1719(b)(3), which directed the addition of par. (11) after par. (10), was executed by adding par. (11) relating to providing 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, after par. (11) relating to appointing a Cybersecurity State Coordinator in each State and before par. (12), to reflect the probable intent of Congress.
Pub. L. 116–283, § 1717(a)(1)(A)(iii), which directed the addition of par. (11) after par. (10), was executed by adding par. (11) relating to appointing a Cybersecurity State Coordinator in each State, after par. (11) relating to the .gov internet domain and before par. (12), to reflect the probable intent of Congress.
Subsec. (c)(12). Pub. L. 116–283, § 1719(b)(2), which directed amendment identical to amendments by Pub. L. 116–260, § 904(b)(1)(A)(ii) and Pub. L. 116–283, § 1717(a)(1)(A)(ii), could not be executed. See 2020 and 2021 Amendment notes below.
Pub. L. 116–283, § 1717(a)(1)(A)(ii), which directed amendment identical to amendment by Pub. L. 116–260, § 904(b)(1)(A)(ii), could not be executed. See 2020 Amendment note below.
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)(11), (12). Pub. L. 116–260 added par. (11) relating to the .gov internet domain and redesignated former par. (11) as (12).
heading: Statutory Notes and Related Subsidiaries
heading: Construction of 2021 Amendment
text: 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.
heading: K–12 Cybersecurity
text: 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).
“(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 (5 U.S.C App.) shall not apply to any consultation under paragraph (1).”
heading: Under Secretary Responsible for Overseeing Critical Infrastructure Protection, Cybersecurity and Related Programs Authorized To Serve as Director of Cybersecurity and Infrastructure Security
text: 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.”