An act to amend the Homeland Security Act of 2002 to authorize the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, and for other purposes
PL 115-278 (H.R.3359), enacted 11/16/2018

132 STAT. 4168 
PUBLIC LAW 115–278—NOV. 16, 2018 
Public Law 115–278 
115th Congress 
An Act 
To amend the Homeland Security Act of 2002 to authorize the Cybersecurity and 
Infrastructure Security Agency of the Department of Homeland Security, and 
for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Cybersecurity and Infrastructure 
Security Agency Act of 2018’’. 
SEC. 2. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY. 
(a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) is amended by adding at the end the following: 
‘‘TITLE XXII—CYBERSECURITY AND 
INFRASTRUCTURE SECURITY AGENCY 
‘‘Subtitle A—Cybersecurity and 
Infrastructure Security 
‘‘SEC. 2201. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) CRITICAL
INFRASTRUCTURE
INFORMATION.—The term 
‘critical infrastructure information’ has the meaning given the 
term in section 2222. 
‘‘(2) CYBERSECURITY RISK.—The term ‘cybersecurity risk’ 
has the meaning given the term in section 2209. 
‘‘(3) CYBERSECURITY
THREAT.—The term ‘cybersecurity 
threat’ has the meaning given the term in section 102(5) of 
the Cybersecurity Act of 2015 (contained in division N of the 
Consolidated Appropriations Act, 2016 (Public Law 114–113; 
6 U.S.C. 1501)). 
‘‘(4) NATIONAL
CYBERSECURITY
ASSET
RESPONSE
ACTIVI-
TIES.—The term ‘national cybersecurity asset response activi-
ties’ means— 
‘‘(A) furnishing cybersecurity technical assistance to 
entities affected by cybersecurity risks to protect assets, 
mitigate vulnerabilities, and reduce impacts of cyber 
incidents; 
‘‘(B) identifying other entities that may be at risk of 
an incident and assessing risk to the same or similar 
vulnerabilities; 
6 USC 651. 
6 USC 101 note. 
Cybersecurity 
and 
Infrastructure 
Security Agency 
Act of 2018. 
Nov. 16, 2018 
[H.R. 3359] 
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PUBLIC LAW 115–278—NOV. 16, 2018 
‘‘(C) assessing potential cybersecurity risks to a sector 
or region, including potential cascading effects, and devel-
oping courses of action to mitigate such risks; 
‘‘(D) facilitating information sharing and operational 
coordination with threat response; and 
‘‘(E) providing guidance on how best to utilize Federal 
resources and capabilities in a timely, effective manner 
to speed recovery from cybersecurity risks. 
‘‘(5) SECTOR-SPECIFIC
AGENCY.—The term ‘Sector-Specific 
Agency’ means a Federal department or agency, designated 
by law or presidential directive, with responsibility for providing 
institutional knowledge and specialized expertise of a sector, 
as well as leading, facilitating, or supporting programs and 
associated activities of its designated critical infrastructure 
sector in the all hazards environment in coordination with 
the Department. 
‘‘(6) SHARING.—The term ‘sharing’ has the meaning given 
the term in section 2209. 
‘‘SEC. 
2202. 
CYBERSECURITY 
AND 
INFRASTRUCTURE 
SECURITY 
AGENCY. 
‘‘(a) REDESIGNATION.— 
‘‘(1) IN GENERAL.—The National Protection and Programs 
Directorate of the Department shall, on and after the date 
of the enactment of this subtitle, be known as the ‘Cybersecurity 
and Infrastructure Security Agency’ (in this subtitle referred 
to as the ‘Agency’). 
‘‘(2) REFERENCES.—Any reference to the National Protection 
and Programs Directorate of the Department in any law, regula-
tion, 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 subtitle 
referred to as the ‘Director’), who shall report to the Secretary. 
‘‘(2) 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 103(a)(1)(H) as in effect on the day 
before the date of enactment of this subtitle in any law, regula-
tion, 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-Spe-
cific Agencies, and non-Federal entities, including international 
entities, to carry out the cybersecurity and critical infrastruc-
ture 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, United 
States Code, and the Cybersecurity Act of 2015 (contained 
Coordination. 
6 USC 652. 
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132 STAT. 4170 
PUBLIC LAW 115–278—NOV. 16, 2018 
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 opera-
tors and, where appropriate, provide those analyses, expertise, 
and other technical assistance in coordination with Sector-Spe-
cific 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 Act; 
‘‘(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 title XVIII; 
‘‘(10) carry out cybersecurity, infrastructure security, and 
emergency communications stakeholder outreach and engage-
ment and coordinate that outreach and engagement with crit-
ical infrastructure Sector-Specific Agencies, as appropriate; and 
‘‘(11) 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 AUTHORI-
TIES 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 informa-
tion from Federal Government agencies, State, local, tribal, 
and territorial government agencies, including law enforce-
ment 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 infrastruc-
ture of the United States, including the performance of 
Assessments. 
Risk 
assessments. 
Strategic plans. 
Consultation. 
Collaboration. 
Collaboration. 
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132 STAT. 4171 
PUBLIC LAW 115–278—NOV. 16, 2018 
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 pro-
duced by the Department, in order to make recommenda-
tions, 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 enti-
ties regarding terrorist and other threats to homeland secu-
rity. 
‘‘(D) To ensure, pursuant to section 202, the timely 
and efficient access by the Department to all information 
necessary to discharge the responsibilities under this title, 
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, informa-
tion technology and telecommunications systems (including 
satellites), electronic financial and property record storage 
and transmission systems, emergency communications sys-
tems, and the physical and technological assets that sup-
port 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 govern-
ment 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 ana-
lyzed by the Department within the Department to other 
Federal Government agencies with responsibilities relating 
to homeland security and to State, local, tribal, and terri-
torial 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 
Consultation. 
Review. 
Analysis. 
Recommenda- 
tions. 
Recommenda- 
tions. 
Coordination. 
Plan. 
Recommenda- 
tions. 
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132 STAT. 4172 
PUBLIC LAW 115–278—NOV. 16, 2018 
enforcement-related information, relating to threats of ter-
rorism against the United States. 
‘‘(J) To ensure that any material received pursuant 
to this Act is protected from unauthorized disclosure and 
handled and used only for the performance of official duties. 
‘‘(K) To request additional information from other Fed-
eral Government agencies, State, local, tribal, and terri-
torial 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 informa-
tion 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 terri-
torial 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 compo-
nents transferred to the Department pursuant to section 
201(g). 
‘‘(P) To carry out the functions of the national cyberse-
curity and communications integration center under section 
2209. 
‘‘(Q) To carry out the requirements of the Chemical 
Facility Anti-Terrorism Standards Program established 
under title XXI and the secure handling of ammonium 
nitrate program established under subtitle J of title VIII, 
or any successor programs. 
‘‘(2) REALLOCATION.—The Secretary may reallocate within 
the Agency the functions specified in sections 2203(b) and 
2204(b), consistent with the responsibilities provided in para-
graph (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. 
Certification. 
Briefing. 
Public 
information. 
Time period. 
Coordination. 
Coordination. 
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132 STAT. 4173 
PUBLIC LAW 115–278—NOV. 16, 2018 
‘‘(B) PRIVATE SECTOR ANALYSTS.—Analysts under this 
subsection may include analysts from the private sector. 
‘‘(C) SECURITY CLEARANCES.—Analysts under this sub-
section 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 para-
graph may be on a reimbursable or non-reimbursable basis. 
‘‘(f) COMPOSITION.—The Agency shall be composed of the fol-
lowing 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 title 
XVIII, 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 loca-
tions described in paragraph (1), the Director shall coordinate 
with component heads and the Under Secretary for Manage-
ment 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; 
Personal 
information. 
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132 STAT. 4174 
PUBLIC LAW 115–278—NOV. 16, 2018 
‘‘(B) assuring that personal information contained in 
systems of records of the Agency is handled in full compli-
ance as specified in section 552a of title 5, United States 
Code (commonly known as the ‘Privacy Act of 1974’); 
‘‘(C) evaluating legislative and regulatory proposals 
involving collection, use, and disclosure of personal informa-
tion by the Agency; and 
‘‘(D) conducting a privacy impact assessment of pro-
posed rules of the Agency on the privacy of personal 
information, including the type of personal information col-
lected and the number of people affected. 
‘‘(i) SAVINGS.—Nothing in this title may be construed as 
affecting in any manner the authority, existing on the day before 
the date of enactment of this title, of any other component of 
the Department or any other Federal department or agency, 
including the authority provided to the Sector-Specific Agency speci-
fied 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). 
‘‘SEC. 2203. CYBERSECURITY DIVISION. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established in the Agency a 
Cybersecurity Division. 
‘‘(2) ASSISTANT
DIRECTOR.—The Cybersecurity Division 
shall be headed by an Assistant Director for Cybersecurity 
(in this section referred to as the ‘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 in any law, regulation, 
map, document, record, or other paper of the United States 
shall be deemed to be a reference to the Assistant Director 
for Cybersecurity. 
‘‘(b) FUNCTIONS.—The 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, United States Code, and the Cyberse-
curity 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 2202(c)(7); and 
‘‘(4) carry out such other duties and powers as prescribed 
by the Director. 
‘‘SEC. 2204. INFRASTRUCTURE SECURITY DIVISION. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established in the Agency an 
Infrastructure Security Division. 
‘‘(2) ASSISTANT
DIRECTOR.—The Infrastructure Security 
Division shall be headed by an Assistant Director for Infrastruc-
ture Security (in this section referred to as the ‘Assistant 
Director’), who shall— 
6 USC 654. 
Appointment. 
President. 
6 USC 653. 
Assessment. 
Evaluation. 
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132 STAT. 4175 
PUBLIC LAW 115–278—NOV. 16, 2018 
‘‘(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 Infrastructure Protection in any law, regulation, map, docu-
ment, record, or other paper of the United States shall be 
deemed to be a reference to the Assistant Director for Infra-
structure Security. 
‘‘(b) FUNCTIONS.—The Assistant Director shall— 
‘‘(1) direct the critical infrastructure security efforts of the 
Agency; 
‘‘(2) carry out, at the direction of the Director, the Chemical 
Facilities Anti-Terrorism Standards Program established under 
title XXI and the secure handling of ammonium nitrate program 
established under subtitle J of title VIII, or any successor 
programs; 
‘‘(3) fully participate in the mechanisms required under 
section 2202(c)(7); and 
‘‘(4) carry out such other duties and powers as prescribed 
by the Director.’’. 
(b) TREATMENT OF CERTAIN POSITIONS.— 
(1) UNDER
SECRETARY.—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 may continue to serve as 
the Director of Cybersecurity and Infrastructure Security of 
the Department on and after such date. 
(2) DIRECTOR FOR EMERGENCY COMMUNICATIONS.—The indi-
vidual serving as the Director for Emergency Communications 
of the Department of Homeland Security on the day before 
the date of enactment of this Act may continue to serve as 
the Assistant Director for Emergency Communications of the 
Department on and after such date. 
(3) ASSISTANT SECRETARY FOR CYBERSECURITY AND COMMU-
NICATIONS.—The individual serving as the Assistant Secretary 
for Cybersecurity and Communications on the day before the 
date of enactment of this Act may continue to serve as the 
Assistant Director for Cybersecurity on and after such date. 
(4) ASSISTANT
SECRETARY
FOR
INFRASTRUCTURE
PROTEC-
TION.—The individual serving as the Assistant Secretary for 
Infrastructure Protection on the day before the date of enact-
ment of this Act may continue to serve as the Assistant Director 
for Infrastructure Security on and after such date. 
(c) REFERENCE.—Any reference to— 
(1) the Office of Emergency Communications in any law, 
regulation, map, document, record, or other paper of the United 
States shall be deemed to be a reference to the Emergency 
Communications Division; and 
(2) the Director for Emergency Communications in any 
law, regulation, map, document, record, or other paper of the 
United States shall be deemed to be a reference to the Assistant 
Director for Emergency Communications. 
(d) OVERSIGHT.—The Director of Cybersecurity and Infrastruc-
ture Security of the Department of Homeland Security shall provide 
Deadlines. 
6 USC 571 note. 
6 USC 654 note. 
6 USC 653 note. 
6 USC 571 note. 
6 USC 652 note. 
Appointment. 
President. 
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PUBLIC LAW 115–278—NOV. 16, 2018 
to Congress, in accordance with the deadlines specified in para-
graphs (1) through (6), information on the following: 
(1) Not later than 60 days after the date of enactment 
of this Act, a briefing on the activities of the Agency relating 
to the development and use of the mechanisms required pursu-
ant to section 2202(c)(6) of the Homeland Security Act of 2002 
(as added by subsection (a)). 
(2) Not later than 1 year after the date of the enactment 
of this Act, a briefing on the activities of the Agency relating 
to the use and improvement by the Agency of the mechanisms 
required pursuant to section 2202(c)(6) of the Homeland Secu-
rity Act of 2002 and how such activities have impacted coordina-
tion, situational awareness, and communications with Sector- 
Specific Agencies. 
(3) Not later than 90 days after the date of the enactment 
of this Act, information on the mechanisms of the Agency 
for regular and ongoing consultation and collaboration, as 
required pursuant to section 2202(c)(7) of the Homeland Secu-
rity Act of 2002 (as added by subsection (a)). 
(4) Not later than 1 year after the date of the enactment 
of this Act, information on the activities of the consultation 
and collaboration mechanisms of the Agency as required pursu-
ant to section 2202(c)(7) of the Homeland Security Act of 2002, 
and how such mechanisms have impacted operational coordina-
tion, situational awareness, and integration across the Agency. 
(5) Not later than 180 days after the date of enactment 
of this Act, information, which shall be made publicly available 
and updated as appropriate, on the mechanisms and structures 
of the Agency responsible for stakeholder outreach and engage-
ment, as required under section 2202(c)(10) of the Homeland 
Security Act of 2002 (as added by subsection (a)). 
(e) CYBER WORKFORCE.—Not later than 90 days after the date 
of enactment of this Act, the Director of the Cybersecurity and 
Infrastructure Security Agency of the Department of Homeland 
Security, in coordination with the Director of the Office of Personnel 
Management, shall submit to Congress a report detailing how the 
Agency is meeting legislative requirements under the Cybersecurity 
Workforce Assessment Act (Public Law 113–246; 128 Stat. 2880) 
and the Homeland Security Cybersecurity Workforce Assessment 
Act (enacted as section 4 of the Border Patrol Agent Pay Reform 
Act of 2014; Public Law 113–277) to address cyber workforce needs. 
(f) FACILITY.—Not later than 180 days after the date of enact-
ment of this Act, the Director of the Cybersecurity and Infrastruc-
ture Security Agency of the Department of Homeland Security 
shall report to Congress on the most efficient and effective methods 
of consolidating Agency facilities, personnel, and programs to most 
effectively carry out the Agency’s mission. 
(g) TECHNICAL AND CONFORMING AMENDMENTS TO THE HOME-
LAND SECURITY ACT OF 2002.—The Homeland Security Act of 2002 
(6 U.S.C. 101 et seq.) is amended— 
(1) by amending section 103(a)(1)(H) (6 U.S.C. 113(a)(1)(H)) 
to read as follows: 
‘‘(H) A Director of the Cybersecurity and Infrastructure 
Security Agency.’’; 
(2) in title II (6 U.S.C. 121 et seq.)— 
(A) in the title heading, by striking ‘‘AND INFRA-
STRUCTURE PROTECTION’’; 
Reports. 
Coordination. 
Reports. 
Briefing. 
Briefing. 
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132 STAT. 4177 
PUBLIC LAW 115–278—NOV. 16, 2018 
(B) in the subtitle A heading, by striking ‘‘and Infra-
structure Protection’’; 
(C) in section 201 (6 U.S.C. 121)— 
(i) in the section heading, by striking ‘‘AND INFRA-
STRUCTURE PROTECTION’’; 
(ii) in subsection (a)— 
(I) in the subsection heading, by striking ‘‘AND 
INFRASTRUCTURE PROTECTION’’; and 
(II) by striking ‘‘and an Office of Infrastructure 
Protection’’; 
(iii) in subsection (b)— 
(I) in the subsection heading, by striking ‘‘AND 
ASSISTANT
SECRETARY
FOR
INFRASTRUCTURE 
PROTECTION’’; and 
(II) by striking paragraph (3); 
(iv) in subsection (c)— 
(I) by striking ‘‘and infrastructure protection’’; 
and 
(II) by striking ‘‘or the Assistant Secretary 
for Infrastructure Protection, as appropriate’’; 
(v) in subsection (d)— 
(I) in the subsection heading, by striking ‘‘AND 
INFRASTRUCTURE PROTECTION’’; 
(II) in the matter preceding paragraph (1), 
by striking ‘‘and infrastructure protection’’; 
(III) by striking paragraphs (5), (6), and (25); 
(IV) by redesignating paragraphs (7) through 
(24) as paragraphs (5) through (22), respectively; 
(V) by redesignating paragraph (26) as para-
graph (23); and 
(VI) in paragraph (23)(B)(i), as so redesig-
nated, by striking ‘‘section 319’’ and inserting ‘‘sec-
tion 320’’; 
(vi) in subsection (e)(1), by striking ‘‘and the Office 
of Infrastructure Protection’’; and 
(vii) in subsection (f)(1), by striking ‘‘and the Office 
of Infrastructure Protection’’; 
(D) in section 202 (6 U.S.C. 122)— 
(i) in subsection (c), in the matter preceding para-
graph (1), by striking ‘‘Director of Central Intelligence’’ 
and inserting ‘‘Director of National Intelligence’’; and 
(ii) in subsection (d)(2), by striking ‘‘Director of 
Central 
Intelligence’’ 
and 
inserting 
‘‘Director 
of 
National Intelligence’’; 
(E) in section 204 (6 U.S.C. 124a)— 
(i) in subsection (c)(1), in the matter preceding 
subparagraph (A), by striking ‘‘Assistant Secretary for 
Infrastructure Protection’’ and inserting ‘‘Director of 
the Cybersecurity and Infrastructure Security Agency’’; 
and 
(ii) in subsection (d)(1), in the matter preceding 
subparagraph (A), by striking ‘‘Assistant Secretary for 
Infrastructure Protection’’ and inserting ‘‘Director of 
the Cybersecurity and Infrastructure Security Agency’’; 
(F) in section 210A(c)(2)(B) (6 U.S.C. 124h(c)(2)(B)), 
by striking ‘‘Office of Infrastructure Protection’’ and 
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PUBLIC LAW 115–278—NOV. 16, 2018 
inserting 
‘‘Cybersecurity 
and 
Infrastructure 
Security 
Agency’’; 
(G) by redesignating section 210E (6 U.S.C. 124l) as 
section 2214 and transferring such section to appear after 
section 2213 (as redesignated by subparagraph (I)); 
(H) in subtitle B, by redesignating sections 211 through 
215 (6 U.S.C. 101 note, and 131 through 134) as sections 
2221 through 2225, respectively, and transferring such sub-
title, including the enumerator and heading of subtitle 
B and such sections, to appear after section 2214 (as 
redesignated by subparagraph (G)); 
(I) by redesignating sections 223 through 230 (6 U.S.C. 
143 through 151) as sections 2205 through 2213, respec-
tively, and transferring such sections to appear after section 
2204, as added by this Act; 
(J) by redesignating section 210F as section 210E; and 
(K) by redesignating subtitles C and D as subtitles 
B and C, respectively; 
(3) in title III (6 U.S.C. 181 et seq.)— 
(A) in section 302 (6 U.S.C. 182)— 
(i) by striking ‘‘biological,,’’ each place that term 
appears and inserting ‘‘biological,’’; and 
(ii) in paragraph (3), by striking ‘‘Assistant Sec-
retary for Infrastructure Protection’’ and inserting 
‘‘Director of the Cybersecurity and Infrastructure Secu-
rity Agency’’; 
(B) by redesignating the second section 319 (6 U.S.C. 
195f) (relating to EMP and GMD mitigation research and 
development) as section 320; and 
(C) in section 320(c)(1), as so redesignated, by striking 
‘‘Section 214’’ and inserting ‘‘Section 2224’’; 
(4) in title V (6 U.S.C. 311 et seq.)— 
(A) in section 508(d)(2)(D) (6 U.S.C. 318(d)(2)(D)), by 
striking ‘‘The Director of the Office of Emergency Commu-
nications of the Department of Homeland Security’’ and 
inserting ‘‘The Assistant Director for Emergency Commu-
nications’’; 
(B) in section 514 (6 U.S.C. 321c)— 
(i) by striking subsection (b); and 
(ii) by redesignating subsection (c) as subsection 
(b); and 
(C) in section 523 (6 U.S.C. 321l)— 
(i) in subsection (a), in the matter preceding para-
graph (1), by striking ‘‘Assistant Secretary for Infra-
structure Protection’’ and inserting ‘‘Director of Cyber-
security and Infrastructure Security’’; and 
(ii) in subsection (c), by striking ‘‘Assistant Sec-
retary for Infrastructure Protection’’ and inserting 
‘‘Director of Cybersecurity and Infrastructure Secu-
rity’’; 
(5) in title VIII (6 U.S.C. 361 et seq.)— 
(A) in section 884(d)(4)(A)(ii) (6 U.S.C. 464(d)(4)(A)(ii)), 
by striking ‘‘Under Secretary responsible for overseeing 
critical infrastructure protection, cybersecurity, and other 
related programs of the Department’’ and inserting 
‘‘Director of Cybersecurity and Infrastructure Security’’; 
and 
6 USC 124m. 
6 USC 655–663. 
6 USC 671–674. 
6 USC 664. 
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132 STAT. 4179 
PUBLIC LAW 115–278—NOV. 16, 2018 
(B) in section 899B(a) (6 U.S.C. 488a(a)), by adding 
at the end the following: ‘‘Such regulations shall be carried 
out by the Cybersecurity and Infrastructure Security 
Agency.’’; 
(6) in title XVIII (6 U.S.C. 571 et seq.)— 
(A) in section 1801 (6 U.S.C. 571)— 
(i) in the section heading, by striking ‘‘OFFICE 
OF
EMERGENCY
COMMUNICATIONS’’ and inserting 
‘‘EMERGENCY COMMUNICATIONS DIVISION’’; 
(ii) in subsection (a)— 
(I) by striking ‘‘Office of Emergency Commu-
nications’’ and inserting ‘‘Emergency Communica-
tions Division’’; and 
(II) by adding at the end the following: ‘‘The 
Division shall be located in the Cybersecurity and 
Infrastructure Security Agency.’’; 
(iii) by amending subsection (b) to read as follows: 
‘‘(b) ASSISTANT DIRECTOR.—The head of the Division shall be 
the Assistant Director for Emergency Communications. The Assist-
ant Director shall report to the Director of Cybersecurity and Infra-
structure Security. All decisions of the Assistant Director that entail 
the exercise of significant authority shall be subject to the approval 
of the Director of Cybersecurity and Infrastructure Security.’’; 
(iv) in subsection (c)— 
(I) in the matter preceding paragraph (1), by 
inserting ‘‘Assistant’’ before ‘‘Director’’; 
(II) in paragraph (14), by striking ‘‘and’’ at 
the end; 
(III) in paragraph (15), by striking the period 
at the end and inserting ‘‘; and’’; and 
(IV) by inserting after paragraph (15) the fol-
lowing: 
‘‘(16) fully participate in the mechanisms required under 
section 2202(c)(7).’’; 
(v) in subsection (d), in the matter preceding para-
graph (1), by inserting ‘‘Assistant’’ before ‘‘Director’’; 
and 
(vi) in subsection (e), in the matter preceding para-
graph (1), by inserting ‘‘Assistant’’ before ‘‘Director’’; 
(B) in sections 1802 through 1805 (6 U.S.C. 572 
through 575), by striking ‘‘Director for Emergency Commu-
nications’’ each place that term appears and inserting 
‘‘Assistant Director for Emergency Communications’’; 
(C) in section 1809 (6 U.S.C. 579)— 
(i) by striking ‘‘Director of Emergency Communica-
tions’’ each place that term appears and inserting 
‘‘Assistant Director for Emergency Communications’’; 
(ii) in subsection (b)— 
(I) by striking ‘‘Director for Emergency 
Communications’’ 
and 
inserting 
‘‘Assistant 
Director for Emergency Communications’’; and 
(II) by striking ‘‘Office of Emergency Commu-
nications’’ and inserting ‘‘Emergency Communica-
tions Division’’; 
(iii) in subsection (e)(3), by striking ‘‘the Director’’ 
and inserting ‘‘the Assistant Director’’; and 
(iv) in subsection (m)(1)— 
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132 STAT. 4180 
PUBLIC LAW 115–278—NOV. 16, 2018 
(I) by striking ‘‘The Director’’ and inserting 
‘‘The Assistant Director’’; 
(II) by striking ‘‘the Director determines’’ and 
inserting ‘‘the Assistant Director determines’’; and 
(III) by striking ‘‘Office of Emergency Commu-
nications’’ and inserting ‘‘Cybersecurity and Infra-
structure Security Agency’’; 
(D) in section 1810 (6 U.S.C. 580)— 
(i) in subsection (a)(1), by striking ‘‘Director of 
the Office of Emergency Communications (referred to 
in this section as the ‘Director’)’’ and inserting ‘‘Assist-
ant Director for Emergency Communications (referred 
to in this section as the ‘Assistant Director’)’’; 
(ii) in subsection (c), by striking ‘‘Office of Emer-
gency Communications’’ and inserting ‘‘Emergency 
Communications Division’’; and 
(iii) by striking ‘‘Director’’ each place that term 
appears and inserting ‘‘Assistant Director’’; 
(7) in title XX (6 U.S.C. 601 et seq.)— 
(A) in paragraph (4)(A)(iii)(II) of section 2001 (6 U.S.C. 
601), by striking ‘‘section 210E(a)(2)’’ and inserting ‘‘section 
2214(a)(2)’’; 
(B) in section 2008(a)(3) (6 U.S.C. 609(a)(3)), by striking 
‘‘section 210E(a)(2)’’ and inserting ‘‘section 2214(a)(2)’’; and 
(C) in section 2021 (6 U.S.C. 611)— 
(i) by striking subsection (c); and 
(ii) by redesignating subsection (d) as subsection 
(c); 
(8) in title XXI (6 U.S.C. 621 et seq.)— 
(A) in section 2102(a)(1) (6 U.S.C. 622(a)(1)), by 
inserting ‘‘, which shall be located in the Cybersecurity 
and Infrastructure Security Agency’’ before the period at 
the end; and 
(B) in section 2104(c)(2) (6 U.S.C. 624(c)(2)), by striking 
‘‘Under Secretary responsible for overseeing critical infra-
structure protection, cybersecurity, and other related pro-
grams of the Department appointed under section 
103(a)(1)(H)’’ and inserting ‘‘Director of Cybersecurity and 
Infrastructure Security’’; and 
(9) in title XXII, as added by this Act— 
(A) in subtitle A— 
(i) in section 2205, as so redesignated— 
(I) in the matter preceding paragraph (1)— 
(aa) 
by 
striking 
‘‘section 
201’’ 
and 
inserting ‘‘section 2202’’; and 
(bb) 
by 
striking 
‘‘Under 
Secretary 
appointed under section 103(a)(1)(H)’’ and 
inserting ‘‘Director of Cybersecurity and Infra-
structure Security’’; and 
(II) in paragraph (1)(B), by striking ‘‘and’’ at 
the end; 
(ii) in section 2206, as so redesignated, by striking 
‘‘Assistant Secretary for Infrastructure Protection’’ and 
inserting ‘‘Director of Cybersecurity and Infrastructure 
Security’’; 
(iii) in section 2209, as so redesignated— 
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PUBLIC LAW 115–278—NOV. 16, 2018 
(I) by striking ‘‘Under Secretary appointed 
under section 103(a)(1)(H)’’ each place that term 
appears and inserting ‘‘Director’’; 
(II) in subsection (a)(4), by striking ‘‘section 
212(5)’’ and inserting ‘‘section 2222(5)’’; 
(III) in subsection (b), by adding at the end 
the following: ‘‘The Center shall be located in the 
Cybersecurity and Infrastructure Security Agency. 
The head of the Center shall report to the Assist-
ant Director for Cybersecurity.’’; and 
(IV) in subsection (c)(11), by striking ‘‘Office 
of Emergency Communications’’ and inserting 
‘‘Emergency Communications Division’’; 
(iv) in section 2210, as so redesignated— 
(I) by striking ‘‘section 227’’ each place that 
term appears and inserting ‘‘section 2209’’; and 
(II) in subsection (c)— 
(aa) 
by 
striking 
‘‘Under 
Secretary 
appointed under section 103(a)(1)(H)’’ and 
inserting ‘‘Director of Cybersecurity and Infra-
structure Security’’; and 
(bb) by striking ‘‘section 212(5)’’ and 
inserting ‘‘section 2222(5)’’; 
(v) in section 2211(b)(2)(A), as so redesignated, 
by striking ‘‘the section 227’’ and inserting ‘‘section 
2209’’; 
(vi) in section 2212, as so redesignated, by striking 
‘‘section 212(5)’’ and inserting ‘‘section 2222(5)’’; 
(vii) in section 2213(a), as so redesignated— 
(I) in paragraph (3), by striking ‘‘section 228’’ 
and inserting ‘‘section 2210’’; and 
(II) in paragraph (4), by striking ‘‘section 227’’ 
and inserting ‘‘section 2209’’; and 
(viii) in section 2214, as so redesignated— 
(I) by striking subsection (e); and 
(II) by redesignating subsection (f) as sub-
section (e); and 
(B) in subtitle B— 
(i) in section 2222(8), as so redesignated, by 
striking ‘‘section 227’’ and inserting ‘‘section 2209’’; and 
(ii) in section 2224(h), as so redesignated, by 
striking ‘‘section 213’’ and inserting ‘‘section 2223’’; 
(h) TECHNICAL
AND CONFORMING AMENDMENTS
TO OTHER 
LAWS.— 
(1) CYBERSECURITY ACT OF 2015.—The Cybersecurity Act 
of 2015 (6 U.S.C. 1501 et seq.) is amended— 
(A) in section 202(2) (6 U.S.C. 131 note)— 
(i) by striking ‘‘section 227’’ and inserting ‘‘section 
2209’’; and 
(ii) by striking ‘‘, as so redesignated by section 
223(a)(3) of this division’’; 
(B) in section 207(2) (Public Law 114–113; 129 Stat. 
2962)— 
(i) by striking ‘‘section 227’’ and inserting ‘‘section 
2209’’; and 
(ii) by striking ‘‘, as redesignated by section 223(a) 
of this division,’’; 
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132 STAT. 4182 
PUBLIC LAW 115–278—NOV. 16, 2018 
(C) in section 208 (Public Law 114–113; 129 Stat. 
2962), by striking ‘‘Under Secretary appointed under sec-
tion 103(a)(1)(H) of the Homeland Security Act of 2002 
(6 U.S.C. 113(a)(1)(H))’’ and inserting ‘‘Director of Cyberse-
curity and Infrastructure Security of the Department’’; 
(D) in section 222 (6 U.S.C. 1521)— 
(i) in paragraph (2)— 
(I) by striking ‘‘section 228’’ and inserting ‘‘sec-
tion 2210’’; and 
(II) by striking ‘‘, as added by section 223(a)(4) 
of this division’’; and 
(ii) in paragraph (4)— 
(I) by striking ‘‘section 227’’ and inserting ‘‘sec-
tion 2209’’; and 
(II) by striking ‘‘, as so redesignated by section 
223(a)(3) of this division’’; 
(E) in section 223(b) (6 U.S.C. 151 note)— 
(i) by striking ‘‘section 230(b)(1) of the Homeland 
Security Act of 2002, as added by subsection (a)’’ each 
place that term appears and inserting ‘‘section 
2213(b)(1) of the Homeland Security Act of 2002’’; and 
(ii) in paragraph (1)(B), by striking ‘‘section 
230(b)(2) of the Homeland Security Act of 2002, as 
added by subsection (a)’’ and inserting ‘‘section 
2213(b)(2) of the Homeland Security Act of 2002’’; 
(F) in section 226 (6 U.S.C. 1524)— 
(i) in subsection (a)— 
(I) in paragraph (1)— 
(aa) 
by 
striking 
‘‘section 
230’’ 
and 
inserting ‘‘section 2213’’; and 
(bb) by striking ‘‘, as added by section 
223(a)(6) of this division’’; 
(II) in paragraph (4)— 
(aa) by striking ‘‘section 228(b)(1)’’ and 
inserting ‘‘section 2210(b)(1)’’; and 
(bb) by striking ‘‘, as added by section 
223(a)(4) of this division’’; and 
(III) in paragraph (5)— 
(aa) by striking ‘‘section 230(b)’’ and 
inserting ‘‘section 2213(b)’’; and 
(bb) by striking ‘‘, as added by section 
223(a)(6) of this division’’; and 
(ii) in subsection (c)(1)(A)(vi)— 
(I) by striking ‘‘section 230(c)(5)’’ and inserting 
‘‘section 2213(c)(5)’’; and 
(II) by striking ‘‘, as added by section 223(a)(6) 
of this division’’; 
(G) in section 227 (6 U.S.C. 1525)— 
(i) in subsection (a)— 
(I) by striking ‘‘section 230’’ and inserting ‘‘sec-
tion 2213’’; and 
(II) by striking ‘‘, as added by section 223(a)(6) 
of this division,’’; and 
(ii) in subsection (b)— 
(I) by striking ‘‘section 230(d)(2)’’ and inserting 
‘‘section 2213(d)(2)’’; and 
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132 STAT. 4183 
PUBLIC LAW 115–278—NOV. 16, 2018 
(II) by striking ‘‘, as added by section 223(a)(6) 
of this division,’’; and 
(H) in section 404 (6 U.S.C. 1532)— 
(i) by striking ‘‘Director for Emergency Commu-
nications’’ each place that term appears and inserting 
‘‘Assistant Director for Emergency Communications’’; 
and 
(ii) in subsection (a)— 
(I) by striking ‘‘section 227’’ and inserting ‘‘sec-
tion 2209’’; and 
(II) by striking ‘‘, as redesignated by section 
223(a)(3) of this division,’’. 
(2) SMALL BUSINESS ACT.—Section 21(a)(8)(B) of the Small 
Business Act (15 U.S.C. 648(a)(8)(B)) is amended by striking 
‘‘section 227(a) of the Homeland Security Act of 2002 (6 U.S.C. 
148(a))’’ and inserting ‘‘section 2209(a) of the Homeland Secu-
rity Act of 2002’’. 
(3) TITLE 5.—Subchapter II of chapter 53 of title 5, United 
States Code, is amended— 
(A) in section 5314, by inserting after ‘‘Under Secre-
taries, Department of Homeland Security.’’ the following: 
‘‘Director, 
Cybersecurity 
and 
Infrastructure 
Security 
Agency.’’; and 
(B) in section 5315, by inserting after ‘‘Assistant Secre-
taries, Department of Homeland Security.’’ the following: 
‘‘Assistant Director for Cybersecurity, Cybersecurity and 
Infrastructure Security Agency. 
‘‘Assistant Director for Infrastructure Security, Cybersecu-
rity and Infrastructure Security Agency.’’. 
(i) TABLE OF CONTENTS AMENDMENTS.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 (Public Law 
107–296; 116 Stat. 2135) is amended— 
(1) by striking the item relating to title II and inserting 
the following: 
‘‘TITLE II—INFORMATION ANALYSIS’’; 
(2) by striking the item relating to subtitle A of title II 
and inserting the following: 
‘‘Subtitle A—Information and Analysis; Access to Information’’; 
(3) by striking the item relating to section 201 and inserting 
the following: 
‘‘Sec. 201. Information and analysis.’’; 
(4) by striking the items relating to sections 210E and 
210F and inserting the following: 
‘‘Sec. 210E. Classified Information Advisory Officer.’’; 
(5) by striking the items relating to subtitle B of title 
II and sections 211 through 215; 
(6) by striking the items relating to section 223 through 
section 230; 
(7) by striking the item relating to subtitle C and inserting 
the following: 
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PUBLIC LAW 115–278—NOV. 16, 2018 
‘‘Subtitle B—Information Security’’; 
(8) by striking the item relating to subtitle D and inserting 
the following: 
‘‘Subtitle C—Office of Science and Technology’’; 
(9) by striking the items relating to sections 317, 319, 
318, and 319 and inserting the following: 
‘‘Sec. 317. Promoting antiterrorism through international cooperation program. 
‘‘Sec. 318. Social media working group. 
‘‘Sec. 319. Transparency in research and development. 
‘‘Sec. 320. EMP and GMD mitigation research and development.’’; 
(10) by striking the item relating to section 1801 and 
inserting the following: 
‘‘Sec. 1801. Emergency Communications Division.’’; and 
(11) by adding at the end the following: 
‘‘TITLE XXII—CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY 
‘‘Subtitle A—Cybersecurity and Infrastructure Security 
‘‘Sec. 2201. Definitions. 
‘‘Sec. 2202. Cybersecurity and Infrastructure Security Agency. 
‘‘Sec. 2203. Cybersecurity Division. 
‘‘Sec. 2204. Infrastructure Security Division. 
‘‘Sec. 2205. Enhancement of Federal and non-Federal cybersecurity. 
‘‘Sec. 2206. Net guard. 
‘‘Sec. 2207. Cyber Security Enhancement Act of 2002. 
‘‘Sec. 2208. Cybersecurity recruitment and retention. 
‘‘Sec. 2209. National cybersecurity and communications integration center. 
‘‘Sec. 2210. Cybersecurity plans. 
‘‘Sec. 2211. Cybersecurity strategy. 
‘‘Sec. 2212. Clearances. 
‘‘Sec. 2213. Federal intrusion detection and prevention system. 
‘‘Sec. 2214. National Asset Database. 
‘‘Subtitle B—Critical Infrastructure Information 
‘‘Sec. 2221. Short title. 
‘‘Sec. 2222. Definitions. 
‘‘Sec. 2223. Designation of critical infrastructure protection program. 
‘‘Sec. 2224. Protection of voluntarily shared critical infrastructure information. 
‘‘Sec. 2225. No private right of action.’’. 
SEC. 3. TRANSFER OF OTHER ENTITIES. 
(a) OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.—The Office 
of Biometric Identity Management of the Department of Homeland 
Security located in the National Protection and Programs Direc-
torate of the Department of Homeland Security on the day before 
the date of enactment of this Act is hereby transferred to the 
Management Directorate of the Department. 
(b) FEDERAL PROTECTIVE SERVICE.— 
(1) IN GENERAL.—Not later than 90 days after the comple-
tion of the Government Accountability Office review of the 
organizational placement of the Federal Protective Service 
(authorized under section 1315 of title 40, United States Code), 
the Secretary of Homeland Security shall determine the appro-
priate placement of the Service within the Department of Home-
land Security and commence the transfer of the Service to 
such component, directorate, or other office of the Department 
that the Secretary so determines appropriate. 
(2) EXCEPTION.—If the Secretary of Homeland Security 
determines pursuant to paragraph (1) that no component, direc-
torate, or other office of the Department of Homeland Security 
Determination. 
Deadlines. 
Deadline. 
Determination. 
Effective date. 
6 USC 452 note. 
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PUBLIC LAW 115–278—NOV. 16, 2018 
is an appropriate placement for the Federal Protective Service, 
the Secretary shall— 
(A) provide to the Committee on Homeland Security 
and the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate 
and the Office of Management and Budget a detailed expla-
nation, in writing, of the reason for such determination 
that includes— 
(i) information on how the Department considered 
the Government Accountability Office review described 
in such paragraph; 
(ii) a list of the components, directorates, or other 
offices of the Department that were considered for 
such placement; and 
(iii) information on why each such component, 
directorate, or other office of the Department was 
determined to not be an appropriate placement for 
the Service; 
(B) not later than 120 days after the completion of 
the Government Accountability Office review described in 
such paragraph, develop and submit to the committees 
specified in subparagraph (A) and the Office of Manage-
ment and Budget a plan to coordinate with other appro-
priate Federal agencies, including the General Services 
Administration, to determine a more appropriate placement 
for the Service; and 
(C) not later than 180 days after the completion of 
such Government Accountability Office review, submit to 
such committees and the Office of Management and Budget 
a recommendation regarding the appropriate placement 
of the Service within the executive branch of the Federal 
Government. 
SEC. 4. DHS REPORT ON CLOUD-BASED CYBERSECURITY. 
(a) DEFINITION.—In this section, the term ‘‘Department’’ means 
the Department of Homeland Security. 
(b) REPORT.—Not later than 120 days after the date of enact-
ment of this Act, the Secretary of Homeland Security, in coordina-
tion with the Director of the Office of Management and Budget 
and the Administrator of General Services, shall submit to the 
Committee on Homeland Security and Governmental Affairs of 
the Senate and the Committee on Oversight and Government 
Reform and the Committee on Homeland Security of the House 
of Representatives a report on the leadership role of the Department 
in cloud-based cybersecurity deployments for civilian Federal 
departments and agencies, which shall include— 
(1) information on the plan of the Department for ensuring 
access to a security operations center as a service capability 
in accordance with the December 19, 2017 Report to the Presi-
dent on Federal IT Modernization issued by the American 
Technology Council; 
(2) information on what service capabilities under para-
graph (1) the Department will prioritize, including— 
(A) criteria the Department will use to evaluate 
capabilities offered by the private sector; and 
Criteria. 
Coordination. 
Recommenda- 
tions. 
Coordination 
plan. 
Determination. 
Lists. 
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132 STAT. 4186 
PUBLIC LAW 115–278—NOV. 16, 2018 
LEGISLATIVE HISTORY—H.R. 3359: 
HOUSE REPORTS: No. 115–454, Pt. 1 (Comm. on Homeland Security). 
CONGRESSIONAL RECORD: 
Vol. 163 (2017): Dec. 11, considered and passed House. 
Vol. 164 (2018): Oct. 3, considered and passed Senate, amended. 
Nov. 13, House concurred in Senate amendment. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 
Nov. 16, Presidential remarks. 
(B) how Federal government- and private sector-pro-
vided capabilities will be integrated to enable visibility 
and consistency of such capabilities across all cloud and 
on premise environments, as called for in the report 
described in paragraph (1); and 
(3) information on how the Department will adapt the 
current capabilities of, and future enhancements to, the intru-
sion detection and prevention system of the Department and 
the Continuous Diagnostics and Mitigation Program of the 
Department to secure civilian Federal government networks 
in a cloud environment. 
SEC. 5. RULE OF CONSTRUCTION. 
Nothing in this Act or an amendment made by this Act may 
be construed as— 
(1) conferring new authorities to the Secretary of Homeland 
Security, including programmatic, regulatory, or enforcement 
authorities, outside of the authorities in existence on the day 
before the date of enactment of this Act; 
(2) reducing or limiting the programmatic, regulatory, or 
enforcement authority vested in any other Federal agency by 
statute; or 
(3) affecting in any manner the authority, existing on the 
day before the date of enactment of this Act, of any other 
Federal agency or component of the Department of Homeland 
Security. 
SEC. 6. PROHIBITION ON ADDITIONAL FUNDING. 
No additional funds are authorized to be appropriated to carry 
out this Act or the amendments made by this Act. This Act and 
the amendments made by this Act shall be carried out using 
amounts otherwise authorized. 
Approved November 16, 2018. 
6 USC 651 note. 
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