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6 U.S.C. § 103a — Noncompliance with required reporting

Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 103a — Noncompliance with required reporting

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 103a

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Stable record: federal_law:legal_authorities:record_usc_abf3d17e94b426037195872d
Source file: Laws/federal/codes/united-states-code/title-6/section-103a-noncompliance-with-required-reporting--666fd6f182.md
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Source location: Title 6, Chapter 1, § 103a; chapter-001-homeland-security-organization.md

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**(a) Purpose** In the event that a covered entity that is required to submit a report under [section 681b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681b/a&num=0&edition=prelim) fails to comply with the requirement to report, the Director may obtain information about the cyber incident or ransom payment by engaging the covered entity directly to request information about the cyber incident or ransom payment, and if the Director is unable to obtain information through such engagement, by issuing a subpoena to the covered entity, pursuant to subsection (c), to gather information sufficient to determine whether a covered cyber incident or ransom payment has occurred. **(b) Initial request for information** (1) **In general** — If the Director has reason to believe, whether through public reporting or other information in the possession of the Federal Government, including through analysis performed pursuant to paragraph (1) or (2) of [section 681a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681a/a&num=0&edition=prelim), that a covered entity has experienced a covered cyber incident or made a ransom payment but failed to report such cyber incident or payment to the Agency in accordance with [section 681b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681b/a&num=0&edition=prelim), the Director may request additional information from the covered entity to confirm whether or not a covered cyber incident or ransom payment has occurred. (2) **Treatment** — Information provided to the Agency in response to a request under paragraph (1) shall be treated as if it was submitted through the reporting procedures established in [section 681b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681b&num=0&edition=prelim) 11 So in original. Probably should be followed by a comma. including that [section 681e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681e&num=0&edition=prelim) shall apply to such information in the same manner and to the same extent to information submitted in response to requests under paragraph (1) as it applies to information submitted under [section 681b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681b&num=0&edition=prelim). **(c) Enforcement** (1) **In general** — If, after the date that is 72 hours from the date on which the Director made the request for information in subsection (b), the Director has received no response from the covered entity from which such information was requested, or received an inadequate response, the Director may issue to such covered entity a subpoena to compel disclosure of information the Director deems necessary to determine whether a covered cyber incident or ransom payment has occurred and obtain the information required to be reported pursuant to [section 681b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681b&num=0&edition=prelim) and any implementing regulations, and assess potential impacts to national security, economic security, or public health and safety. (2) **Civil action** (A) *In general* — If a covered entity fails to comply with a subpoena, the Director may refer the matter to the Attorney General to bring a civil action in a district court of the United States to enforce such subpoena. (B) *Venue* — An action under this paragraph may be brought in the judicial district in which the covered entity against which the action is brought resides, is found, or does business. (C) *Contempt of court* — A court may punish a failure to comply with a subpoena issued under this subsection as contempt of court. (3) **Non-delegation** — The authority of the Director to issue a subpoena under this subsection may not be delegated. (4) **Authentication** (A) *In general* — Any subpoena issued electronically pursuant to this subsection shall be authenticated with a cryptographic digital signature of an authorized representative of the Agency, or other comparable successor technology, that allows the Agency to demonstrate that such subpoena was issued by the Agency and has not been altered or modified since such issuance. (B) *Invalid if not authenticated* — Any subpoena issued electronically pursuant to this subsection that is not authenticated in accordance with subparagraph (A) shall not be considered to be valid by the recipient of such subpoena. **(d) Provision of certain information to Attorney General** (1) **In general** — Notwithstanding [section 681e(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681e/a/5&num=0&edition=prelim) and paragraph (b)(2) of this section, if the Director determines, based on the information provided in response to a subpoena issued pursuant to subsection (c), that the facts relating to the cyber incident or ransom payment at issue may constitute grounds for a regulatory enforcement action or criminal prosecution, the Director may provide such information to the Attorney General or the head of the appropriate Federal regulatory agency, who may use such information for a regulatory enforcement action or criminal prosecution. (2) **Consultation** — The Director may consult with the Attorney General or the head of the appropriate Federal regulatory agency when making the determination under paragraph (1). **(e) Considerations** When determining whether to exercise the authorities provided under this section, the Director shall take into consideration— (1) the complexity in determining if a covered cyber incident has occurred; and (2) prior interaction with the Agency or awareness of the covered entity of the policies and procedures of the Agency for reporting covered cyber incidents and ransom payments. **(f) Exclusions** This section shall not apply to a State, local, Tribal, or territorial government entity. **(g) Report to Congress** The Director shall submit to Congress an annual report on the number of times the Director— (1) issued an initial request for information pursuant to subsection (b); (2) issued a subpoena pursuant to subsection (c); or (3) referred a matter to the Attorney General for a civil action pursuant to subsection (c)(2). **(h) Publication of the annual report** The Director shall publish a version of the annual report required under subsection (g) on the website of the Agency, which shall include, at a minimum, the number of times the Director— (1) issued an initial request for information pursuant to subsection (b); or (2) issued a subpoena pursuant to subsection (c). **(i) Anonymization of reports** The Director shall ensure any victim information contained in a report required to be published under subsection (h) be anonymized before the report is published.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 681b — Declaration

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 681b

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 681e — Rule of construction

Nothing in this part shall be construed to impair or limit the ability of the Director to carry out the authorized activities of the Cybersecurity and Infrastructure Security Agency.

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 681e

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 114 — Department of Homeland Security Nonrecurring Expenses Fund

**(a) Establishment** There is hereby established in the Treasury of the United States a fund to be known as the “Department of Homeland Security Nonrecurring Expenses Fund” (the Fund). **(b) Transfer of unobligated balances of expired discretionary funds** Unobligated balances of expired discretionary funds appropriated for this or any succeeding fiscal year from the General Fund of the Treasury to the Department of Homeland Security by this or any other Act may be transferred (not later than the end of the fifth fiscal year after the last fiscal year for which such funds are available for the purposes for which appropriated) into the Fund. **(c) Availability of funds** Amounts deposited in the Fund shall be available until expended, and in addition to such other funds as may be available for such purposes, for information technology system modernization and facilities infrastructure improvements necessary for the operation of the Department, subject to approval by the Office of Management and Budget. **(d) Limitation on apportionment or allotment of funds** Amounts in the Fund may not be apportioned or allotted for any fiscal year until after the date on which the Act making full-year appropriations for the Department of Homeland Security for the applicable fiscal year is enacted into law, subject to subsection (e). **(e) Notification of planned use of funds** The Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of the planned use of funds.

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 114

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 103a — Department of Homeland Security Non-

Page 12 TITLE 6—DOMESTIC SECURITY § 102 ice are allowed expenses under section 5703(b) [5703] of title 5, United States Code. ‘‘SEC. 609. SECURITY CLEARANCES FOR COMMIS- SION MEMBERS AND STAFF. ‘‘The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appro- priate security clearances to the extent possible pursu- ant to existing procedures and requirements, except that no person shall be provided with access to classi- fied information under this title without the appro- priate security clearances. ‘‘SEC. 610. REPORTS OF COMMISSION; TERMI- NATION. ‘‘(a) INTERIM REPORTS.—The Commission may submit to the President and Congress interim reports con- taining such findings, conclusions, and recommenda- tions for corrective measures as have been agreed to by a majority of Commission members. ‘‘(b) FINAL REPORT.—Not later than 20 months after the date of the enactment of this Act [Nov. 27, 2002], the Commission shall submit to the President and Congress a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by a majority of Commission members. ‘‘(c) TERMINATION.— ‘‘(1) IN GENERAL.—The Commission, and all the au- thorities of this title, shall terminate 30 days after the date on which the final report is submitted under subsection (b). ‘‘(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMI- NATION.—The Commission may use the 30-day period referred to in paragraph (1) for the purpose of con- cluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. ‘‘SEC. 611. FUNDING. ‘‘(a) TRANSFER FROM THE NATIONAL FOREIGN INTEL- LIGENCE PROGRAM.—Of

Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 103a

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