2 U.S.C. § 5510: Providing assistance to House…

Summary

The Speaker of the House, or someone the Speaker picks, with the agreement of the House Minority Leader, can ask federal departments, military departments, or independent agencies for help when a cyberattack on the House is bigger than the House can handle. The head of the asked agency must start giving appropriate help not later than 24 hours after the request. That help can include fixing or restoring House computer systems so Congress can keep working and members and staff can do their jobs. The House does not have to pay the agency back for that help. Agencies may only give types of help they are already allowed to give to other federal bodies or private groups. Agency staff cannot log into House systems unless the Speaker or the Speaker’s designee authorizes it. Agencies can let House systems connect to agency services and provide expert guidance. Agencies must keep helping until the Speaker says the incident is over, and then they must remove their services and stop monitoring House systems. Help must meet the rules in section 113 of the Legislative Branch Appropriations Act, 2017 (Public Law 115–31). “Executive department,” “military department,” and “independent establishment” are defined in chapter 1 of title 5.

Title 2, §5510

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(a)Provision of assistance

If the Speaker of the House of Representatives (or the Speaker’s designee), with the concurrence of the Minority Leader of the House of Representatives (or the Minority Leader’s designee), determines that a cybersecurity event has occurred and that containing, mitigating, or resolving the event exceeds the resources of the House of Representatives, then notwithstanding any other provision of law or any rule, regulation, or executive order—

(1)the Speaker may request assistance in responding to the event from the head of any Executive department, military department, or independent establishment;

(2)not later than 24 hours after receiving the request, the head of the department or establishment shall begin to provide appropriate assistance in response to the incident, including (if necessary) restoring the information systems of the House to an operational state which allows for the continuation of the legislative process and for Members, officers, and employees of the House to continue to meet their official and representational duties; and

(3)such assistance shall be provided without reimbursement by the House of Representatives.

(b)Scope of assistance

(1)In general

The assistance provided to the Speaker by the head of a department or establishment under this section may consist only of a type that the head of the department or establishment is authorized under law to provide to the department or establishment, another Executive department, military department, or independent establishment, or a private entity.

(2)Connections between department or establishment and House information systems

In providing assistance under this section

(A)

(B)personnel of a department or establishment may provide the House with access to technological support services of the department or establishment, including by authorizing personnel or systems of the House to connect with and operate services or programs of the department or establishment with guidance from subject matter experts of the department or establishment.

(c)Termination of assistance

(1)Termination upon notice from Speaker

After initiating assistance under this section, the head of the department or establishment shall continue providing assistance until the Speaker (or Speaker’s designee) notifies the head of the department or establishment that the cybersecurity incident has terminated and that it is no longer necessary for the department or establishment to provide post-incident assistance.

(2)Removal of technological support services

Upon receiving notice from the Speaker under paragraph (1), the head of the department or establishment shall ensure that any technological support services or programs of the department or establishment are removed from the information systems of the House, and that personnel of the department or establishment are no longer monitoring such systems.

(d)Compliance with existing standards

In providing assistance under this section, the head of the Executive department, military department, or independent establishment shall meet the requirements of section 113 of the Legislative Branch Appropriations Act, 2017 (Public Law 115–31).

(e)No effect on other authority to provide support

Nothing in this section may be construed to affect the authority of an Executive department, military department, or independent establishment to provide any support, including cybersecurity support, to the House of Representatives under any other law, rule, or regulation.

(f)Definitions

In this section, each of the terms “Executive department”, “military department”, and “independent establishment” has the meaning given such term in chapter 1 of title 5.

Editorial Notes

References in Text

section 113 of the Legislative Branch Appropriations Act, 2017, referred to in subsec. (d), is section 113 of title I of div. I of Pub. L. 115–31, May 5, 2017, 131 Stat. 576, which is not classified to the Code.

§5510 Providing Assistance to House of Representatives in Response to Cybersecurity Events

Summary

Title 2, §5510

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata