K-12 Cybersecurity Act of 2021
PL 117-47 (S.1917), enacted 10/08/2021

[117th Congress Public Law 47]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 397]]

Public Law 117-47
117th Congress

                                 An Act


 
 To establish a K-12 education cybersecurity initiative, and for other 
             purposes. <<NOTE: Oct. 8, 2021 -  [S. 1917]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: K-12 
Cybersecurity Act of 2021. 6 USC 652 note.>> 
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) <<NOTE: Deadlines.>>  Study.--
            (1) <<NOTE: Evaluations.>>  In general.--Not later than 120 
        days after the date of enactment of this Act, the Director, in 
        accordance with subsection (g)(1), shall conduct a study on the 
        specific cybersecurity risks facing K-12 educational 
        institutions that--
                    (A) <<NOTE: Analysis.>>  analyzes how identified 
                cybersecurity risks specifically impact K-12 educational 
                institutions;

[[Page 135 STAT. 398]]

                    (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) <<NOTE: Deadline. Guidelines.>>  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) <<NOTE: Deadline.>> 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) <<NOTE: Strategy.>>  provide strategies for the 
        officials to implement the recommendations developed under 
        subsection (c).

    (e) <<NOTE: Web posting.>> 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 (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.

[[Page 135 STAT. 399]]

            (2) Inapplicability of faca.--The Federal Advisory Committee 
        Act (5 U.S.C App.) shall not apply to any consultation under 
        paragraph (1).

    Approved October 8, 2021.

LEGISLATIVE HISTORY--S. 1917 (H.R. 4691):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 117-122 (Comm. on Homeland Security) accompanying 
H.R. 4691.
SENATE REPORTS: No. 117-32 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD, Vol. 167 (2021):
            Aug. 9, considered and passed Senate.
            Sept. 29, considered and passed House.

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