§671 — Title 6 Domestic Security | U.S. Code

Summary

Gives plain meanings for key words used here. "Agency" means what section 551 of title 5 says. "Covered Federal agency" means the Department of Homeland Security. "Critical infrastructure information" means what section 650 of this title says. "Critical infrastructure protection program" means any part of a covered agency that the President or an agency head names to receive critical infrastructure information. "Protected system" means any service, physical or computer system, process, or procedure that directly or indirectly affects whether a critical infrastructure facility can work, and it includes computers, networks, hardware, software, and data no matter how stored or sent. "Voluntary" means information sent when the agency has no legal power to force it. It can come from one entity or from an Information Sharing and Analysis Organization for its members. But "voluntary" does not cover information filed under the securities laws (see section 78c(a)(47) of title 15) with the SEC or federal banking regulators under section 78l(i) of title 15, disclosures made with an offer or sale of securities, or information used for licensing, permitting, or other regulatory proceedings.

Title 6, §671

Domestic Security — Source: USLM XML via OLRC

In this part:

(1)The term “agency” has the meaning given it in section 551 of title 5.

(2)The term “covered Federal agency” means the Department of Homeland Security.

(3)The term “critical infrastructure information” has the meaning given the term in section 650 of this title.

(4)The term “critical infrastructure protection program” means any component or bureau of a covered Federal agency that has been designated by the President or any agency head to receive critical infrastructure information.

(5)The term “protected system”—

(A)means any service, physical or computer-based system, process, or procedure that directly or indirectly affects the viability of a facility of critical infrastructure; and

(B)includes any physical or computer-based system, including a computer, computer system, computer or communications network, or any component hardware or element thereof, software program, processing instructions, or information or data in transmission or storage therein, irrespective of the medium of transmission or storage.

(6)(A)The term “voluntary”, in the case of any submittal of critical infrastructure information to a covered Federal agency, means the submittal thereof in the absence of such agency’s exercise of legal authority to compel access to or submission of such information and may be accomplished by a single entity or an Information Sharing and Analysis Organization on behalf of itself or its members.

(B)The term “voluntary”—

(i)in the case of any action brought under the securities laws as is defined in section 78c(a)(47) of title 15—

(I)does not include information or statements contained in any documents or materials filed with the Securities and Exchange Commission, or with Federal banking regulators, pursuant to section 78l(i) of title 15; and

(II)with respect to the submittal of critical infrastructure information, does not include any disclosure or writing that when made accompanied the solicitation of an offer or a sale of securities; and

(ii)does not include information or statements submitted or relied upon as a basis for making licensing or permitting determinations, or during regulatory proceedings.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 131 of this title prior to renumbering by Pub. L. 115–278.

Amendments

2022—Par. (3). Pub. L. 117–263, § 7143(b)(2)(M)(i), added par. (3) and struck out former par. (3) which defined critical infrastructure information. Pars. (5) to (8). Pub. L. 117–263, § 7143(b)(2)(M)(ii), (iii), redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out former pars. (5) and (8) which defined Information Sharing and Analysis Organization and cybersecurity risk and incident, respectively. 2018—Par. (8). Pub. L. 115–278, § 2(g)(9)(B)(i), substituted “section 659 of this title” for “section 148 of this title”. 2015—Par. (5)(A). Pub. L. 114–113, § 204(1)(A), inserted “, including information related to cybersecurity risks and incidents,” after “critical infrastructure information” and “, including cybersecurity risks and incidents,” after “related to critical infrastructure”. Par. (5)(B). Pub. L. 114–113, § 204(1)(B), inserted “, including cybersecurity risks and incidents,” after “critical infrastructure information” and “, including cybersecurity risks and incidents,” after “related to critical infrastructure”. Par. (5)(C). Pub. L. 114–113, § 204(1)(C), inserted “, including cybersecurity risks and incidents,” after “critical infrastructure information”. Par. (8). Pub. L. 114–113, § 204(2), added par. (8).

Statutory Notes and Related Subsidiaries

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For

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of this part as the “Critical Infrastructure Information Act of 2002”, see section 2221 of Pub. L. 107–296, set out as a note under section 101 of this title. Prohibition on New Regulatory Authority Pub. L. 114–113, div. N, title II, § 210, Dec. 18, 2015, 129 Stat. 2962, provided that: “Nothing in this subtitle [subtitle A (§§ 201–211) of title II of div. N of Pub. L. 114–113, see

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of 2015 Amendment note set out under section 101 of this title] or the

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made by this subtitle may be construed to grant the Secretary any authority to promulgate

Regulations

or set standards relating to the cybersecurity of non-Federal entities, not including State, local, and tribal governments, that was not in effect on the day before the date of enactment of this Act [Dec. 18, 2015].” Definitions Pub. L. 114–113, div. N, title II, § 202, Dec. 18, 2015, 129 Stat. 2956, as amended by Pub. L. 115–278, § 2(h)(1)(A), Nov. 16, 2018, 132 Stat. 4181, provided that: “In this subtitle [subtitle A (§§ 201–211) of title II of div. N of Pub. L. 114–113, see

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of 2015 Amendment note set out under section 101 of this title]: “(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and “(B) the Committee on Homeland Security of the House of Representatives. “(2) Cybersecurity risk; incident.—The terms ‘cybersecurity risk’ and ‘incident’ have the meanings given those terms in section 2209 of the Homeland Security Act of 2002 [6 U.S.C. 659] [see now 6 U.S.C. 650]. “(3) Cyber threat indicator; defensive measure.—The terms ‘cyber threat indicator’ and ‘defensive measure’ have the meanings given those terms in section 102 [6 U.S.C. 1501]. “(4) Department.—The term ‘Department’ means the Department of Homeland Security. “(5) Secretary.—The term ‘Secretary’ means the Secretary of Homeland Security.”

§671 Definitions

Summary

Title 6, §671

Notes & Related Subsidiaries

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Citations & Metadata