Title 6, Domestic SecurityRelease 119-110

§677b Declaration

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

Last updated Sep 22, 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 and that available resources (not including the Fund) likely will not be enough to handle it. The Secretary must not give this power to someone else. After a declaration, the Director must coordinate federal response activities and work with public and private groups, State, local, and Tribal governments, law enforcement, and emergency responders. A declaration ends when the Secretary says it is no longer needed or after 120 days, whichever comes first. The Secretary alone can renew it. Within 72 hours of a declaration or renewal, the Secretary must publish it in the Federal Register but may not name affected people or private companies. The Secretary must assess available resources and may arrange extra help, including standby contracts with private cybersecurity firms. Any spending for those arrangements must come from the Fund and is in addition to other appropriations for the Cybersecurity and Infrastructure Security Agency.

Full Legal Text

Title 6, §677b

Domestic Security, Source: USLM XML via OLRC

(a)In general

(1)Declaration

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)Prohibition on delegation

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

(b)Asset response activities

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)Duration

Subject to subsection (d), a declaration shall terminate upon the earlier of— (1)

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

(d)Renewal

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

(e)Publication

(1)In general

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

(2)Prohibition

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

(f)Advance actions

(1)In general

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)Expenditure of funds

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

Sep 22, 2026

Release point: 119-110