Title 6 — Domestic SecurityRelease 119-73

§677b Declaration

Title 6 › Chapter CHAPTER 1— - HOMELAND SECURITY ORGANIZATION › Subchapter SUBCHAPTER XVIII— - CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY › Part Part C— - Declaration of a Significant Incident › § 677b

Last updated Apr 6, 2026|Official source

Summary

The Secretary, after talking with the National Cyber Director, can declare that a specific major cyber incident has happened or is about to happen if normal resources (not including a special Fund) are probably not enough to deal with it. The Secretary cannot give this decision to someone else. A declaration ends when the Secretary says it is no longer needed or after 120 days, and only the Secretary can renew it. The Secretary must publish the declaration or any renewal in the Federal Register within 72 hours, but the notice cannot name any affected person or private company. After a declaration, the Director must coordinate government response actions that use assets or technical help. The Director must also work with public and private groups, state, local, and Tribal governments, law enforcement, and emergency responders. The Secretary must check what resources are available and can arrange extra help, including standby contracts with private cyber service providers. Money spent from the Fund for these arrangements comes from the Fund and is in addition to other agency funding.

Full Legal Text

Title 6, §677b

Domestic Security — Source: USLM XML via OLRC

(a)(1)The Secretary, in consultation with the National Cyber Director, may make a declaration of a significant incident in accordance with this section for the purpose of enabling the activities described in this part if the Secretary determines that—

(A)a specific significant incident—

(i)has occurred; or

(ii)is likely to occur imminently; and

(B)otherwise available resources, other than the Fund, are likely insufficient to respond effectively to, or to mitigate effectively, the specific significant incident described in subparagraph (A).

(2)The Secretary may not delegate the authority provided to the Secretary under paragraph (1).

(b)Upon a declaration, the Director shall coordinate—

(1)the asset response activities of each Federal agency in response to the specific significant incident associated with the declaration; and

(2)with appropriate entities, which may include—

(A)public and private entities and State and local governments with respect to the asset response activities of those entities and governments; and

(B)Federal, State, local, and Tribal law enforcement agencies with respect to investigations and threat response activities of those law enforcement agencies; and

(3)Federal, State, local, and Tribal emergency management and response agencies.

(c)Subject to subsection (d), a declaration shall terminate upon the earlier of—

(1)a determination by the Secretary that the declaration is no longer necessary; or

(2)the expiration of the 120-day period beginning on the date on which the Secretary makes the declaration.

(d)The Secretary, without delegation, may renew a declaration as necessary.

(e)(1)Not later than 72 hours after a declaration or a renewal, the Secretary shall publish the declaration or renewal in the Federal Register.

(2)A declaration or renewal published under paragraph (1) may not include the name of any affected individual or private company.

(f)(1)The Secretary—

(A)shall assess the resources available to respond to a potential declaration; and

(B)may take actions before and while a declaration is in effect to arrange or procure additional resources for asset response activities or technical assistance the Secretary determines necessary, which may include entering into standby contracts with private entities for cybersecurity services or incident responders in the event of a declaration.

(2)Any expenditure from the Fund for the purpose of paragraph (1)(B) shall be made from amounts available in the Fund, and amounts available in the Fund shall be in addition to any other appropriations available to the Cybersecurity and Infrastructure Security Agency for such purpose.

Reference

Citations & Metadata

Citation

6 U.S.C. § 677b

Title 6 — Domestic Security

Last Updated

Apr 6, 2026

Release point: 119-73