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6 U.S.C. § 677f — Protection of voluntarily shared critical infrastructure information

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

6 U.S.C. § 677f — Protection of voluntarily shared critical infrastructure information

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 677f

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Stable record: federal_law:legal_authorities:record_usc_d4fd4b8a9e93a12711e9c870
Source file: Laws/federal/codes/united-states-code/title-6/section-677f-protection-of-voluntarily-shared-critical-infrastructure-information--a8c18f3fbe.md
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Source location: Title 6, Chapter 1, § 677f; chapter-001-homeland-security-organization.md

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**(a) Protection** (1) **In general** — Notwithstanding any other provision of law, critical infrastructure information (including the identity of the submitting person or entity) that is voluntarily submitted to a covered Federal agency for use by that agency regarding the security of critical infrastructure and protected systems, analysis, warning, interdependency study, recovery, reconstitution, or other informational purpose, when accompanied by an express statement specified in paragraph (2)— (A) shall be exempt from disclosure under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) (commonly referred to as the Freedom of Information Act); (B) shall not be subject to any agency rules or judicial doctrine regarding ex parte communications with a decision making official; (C) shall not, without the written consent of the person or entity submitting such information, be used directly by such agency, any other Federal, State, or local authority, or any third party, in any civil action arising under Federal or State law if such information is submitted in good faith; (D) shall not, without the written consent of the person or entity submitting such information, be used or disclosed by any officer or employee of the United States for purposes other than the purposes of this part, except— (i) in furtherance of an investigation or the prosecution of a criminal act; or (ii) when disclosure of the information would be— (I) to either House of Congress, or to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee thereof or subcommittee of any such joint committee; or (II) to the Comptroller General, or any authorized representative of the Comptroller General, in the course of the performance of the duties of the Government Accountability Office.11 So in original. The period probably should be a semicolon. (E) shall not, if provided to a State or local government or government agency— (i) be made available pursuant to any State or local law requiring disclosure of information or records; (ii) otherwise be disclosed or distributed to any party by said State or local government or government agency without the written consent of the person or entity submitting such information; or (iii) be used other than for the purpose of protecting critical infrastructure or protected systems, or in furtherance of an investigation or the prosecution of a criminal act; and (F) does not constitute a waiver of any applicable privilege or protection provided under law, such as trade secret protection. (2) **Express statement** — For purposes of paragraph (1), the term “express statement”, with respect to information or records, means— (A) in the case of written information or records, a written marking on the information or records substantially similar to the following: “This information is voluntarily submitted to the Federal Government in expectation of protection from disclosure as provided by the provisions of the Critical Infrastructure Information Act of 2002.”; or (B) in the case of oral information, a similar written statement submitted within a reasonable period following the oral communication. **(b) Limitation** No communication of critical infrastructure information to a covered Federal agency made pursuant to this part shall be considered to be an action subject to the requirements of chapter 10 of title 5. **(c) Independently obtained information** Nothing in this section shall be construed to limit or otherwise affect the ability of a State, local, or Federal Government entity, agency, or authority, or any third party, under applicable law, to obtain critical infrastructure information in a manner not covered by subsection (a), including any information lawfully and properly disclosed generally or broadly to the public and to use such information in any manner permitted by law. For purposes of this section a permissible use of independently obtained information includes the disclosure of such information under [section 2302(b)(8) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302/b/8&num=0&edition=prelim). **(d) Treatment of voluntary submittal of information** The voluntary submittal to the Government of information or records that are protected from disclosure by this part shall not be construed to constitute compliance with any requirement to submit such information to a Federal agency under any other provision of law. **(e) Procedures** (1) **In general** — The Secretary of the Department of Homeland Security shall, in consultation with appropriate representatives of the National Security Council and the Office of Science and Technology Policy, establish uniform procedures for the receipt, care, and storage by Federal agencies of critical infrastructure information that is voluntarily submitted to the Government. The procedures shall be established not later than 90 days after November 25, 2002. (2) **Elements** — The procedures established under paragraph (1) shall include mechanisms regarding— (A) the acknowledgement of receipt by Federal agencies of critical infrastructure information that is voluntarily submitted to the Government; (B) the maintenance of the identification of such information as voluntarily submitted to the Government for purposes of and subject to the provisions of this part; (C) the care and storage of such information; and (D) the protection and maintenance of the confidentiality of such information so as to permit the sharing of such information within the Federal Government and with State and local governments, and the issuance of notices and warnings related to the protection of critical infrastructure and protected systems, in such manner as to protect from public disclosure the identity of the submitting person or entity, or information that is proprietary, business sensitive, relates specifically to the submitting person or entity, and is otherwise not appropriately in the public domain. **(f) Penalties** Whoever, being an officer or employee of the United States or of any department or agency thereof, knowingly publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law, any critical infrastructure information protected from disclosure by this part coming to him in the course of this employment or official duties or by reason of any examination or investigation made by, or return, report, or record made to or filed with, such department or agency or officer or employee thereof, shall be fined under title 18, imprisoned not more than 1 year, or both, and shall be removed from office or employment. **(g) Authority to issue warnings** The Federal Government may provide advisories, alerts, and warnings to relevant companies, targeted sectors, other governmental entities, or the general public regarding potential threats to critical infrastructure as appropriate. In issuing a warning, the Federal Government shall take appropriate actions to protect from disclosure— (1) the source of any voluntarily submitted critical infrastructure information that forms the basis for the warning; or (2) information that is proprietary, business sensitive, relates specifically to the submitting person or entity, or is otherwise not appropriately in the public domain. **(h) Authority to delegate** The President may delegate authority to a critical infrastructure protection program, designated under [section 672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section672&num=0&edition=prelim), to enter into a voluntary agreement to promote critical infrastructure security, including with any Information Sharing and Analysis Organization, or a plan of action as otherwise defined in [section 4558 of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4558&num=0&edition=prelim).

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

5 U.S.C. § 1204 — Powers and functions of the Merit Systems Protection Board

**(a)** The Merit Systems Protection Board shall— (1) hear, adjudicate, or provide for the hearing or adjudication, of all matters within the jurisdiction of the Board under this title, chapter 43 of title 38, or any other law, rule, or regulation, and, subject to otherwise applicable provisions of law, take final action on any such matter; (2) order any Federal agency or employee to comply with any order or decision issued by the Board under the authority granted under paragraph (1) of this subsection and enforce compliance with any such order; (3) conduct, from time to time, special studies relating to the civil service and to other merit systems in the executive branch, and report to the President and to the Congress as to whether the public interest in a civil service free of prohibited personnel practices is being adequately protected; and (4) review, as provided in subsection (f), rules and regulations of the Office of Personnel Management. **(b)** (1) Any member of the Merit Systems Protection Board, any administrative law judge appointed by the Board under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim), and any employee of the Board designated by the Board may administer oaths, examine witnesses, take depositions, and receive evidence. (2) Any member of the Board, any administrative law judge appointed by the Board under section 3105, and any employee of the Board designated by the Board may, with respect to any individual— (A) issue subpoenas requiring the attendance and presentation of testimony of any such individual, and the production of documentary or other evidence from any place in the United States, any territory or possession of the United States, the Commonwe

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1204

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

6 U.S.C. § 672 — National Cyber Exercise Program

**(a) Establishment of program** (1) **In general** — There is established in the Agency the National Cyber Exercise Program (referred to in this section as the “Exercise Program”) to evaluate the National Cyber Incident Response Plan, and other related plans and strategies. (2) **Requirements** (A) *In general* — The Exercise Program shall be— (i) based on current risk assessments, including credible threats, vulnerabilities, and consequences; (ii) designed, to the extent practicable, to simulate the partial or complete incapacitation of a government or critical infrastructure network resulting from a cyber incident; (iii) designed to provide for the systematic evaluation of cyber readiness and enhance operational understanding of the cyber incident response system and relevant information sharing agreements; and (iv) designed to promptly develop after-action reports and plans that can quickly incorporate lessons learned into future operations. (B) *Model exercise selection* — The Exercise Program shall— (i) include a selection of model exercises that government and private entities can readily adapt for use; and (ii) aid such governments and private entities with the design, implementation, and evaluation of exercises that— (I) conform to the requirements described in subparagraph (A); (II) are consistent with any applicable national, State, local, or Tribal strategy or plan; and (III) provide for systematic evaluation of readiness. (3) **Consultation** — In carrying out the Exercise Program, the Director may consult with appropriate representatives from Sector Risk Management Agencies, the Office of the National Cyber Director, cybersecurity research stakeholders, and Sector Coordinating Councils. **(b) Def

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 672

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

5 U.S.C. § 552 — Public information; agency rules, opinions, orders, records, and proceedings

**(a)** Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public— (A) descriptions of its central and field organization and the established places at which, the employees (and in the case of a uniformed service, the members) from whom, and the methods whereby, the public may obtain information, make submittals or requests, or obtain decisions; (B) statements of the general course and method by which its functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (C) rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (D) substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency; and (E) each amendment, revision, or repeal of the foregoing. Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published. For the purpose of this paragraph, matter reasonably available to the class of persons affected thereby is deemed published in the Federal Register when incorporated by reference therein with the approval of the Director of the Federal Register. (2) Each agency, in accordance with published rules, shall make available for public inspection in an electronic format— (A) final opinions, including concurring and dissen

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552

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

6 U.S.C. § 101 — Cyber incident review

**(a) Activities** The Center shall— (1) receive, aggregate, analyze, and secure, using processes consistent with the processes developed pursuant to the Cybersecurity Information Sharing Act of 2015 ([6 U.S.C. 1501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section1501&num=0&edition=prelim) et seq.) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; (2) coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; (3) leverage information gathered about cyber incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and (B) provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 101

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

50 U.S.C. § 4558 — Jurisdiction of courts; injunctions; venue; process; effect of termination of provisions

**(a)** Whenever in the judgment of the President any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of this chapter, he may make application to the appropriate court for an order enjoining such acts or practices, or for an order enforcing compliance with such provision, and upon a showing by the President that such person has engaged or is about to engage in any such acts or practices a permanent or temporary injunction, restraining order, or other order, with or without such injunction or restraining order, shall be granted without bond. **(b)** The district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction of violations of this chapter or any rule, regulation, order, or subpena thereunder, and of all civil actions under this chapter to enforce any liability or duty created by, or to enjoin any violation of, this chapter or any rule, regulation, order, or subpena thereunder. Any criminal proceeding on account of any such violation may be brought in any district in which any act, failure to act, or transaction constituting the violation occurred. Any such civil action may be brought in any such district or in the district in which the defendant resides or transacts business. Process in such cases, criminal or civil, may be served in any district wherein the defendant resides or transacts business or wherever the defendant may be found; the subpena for witnesses who are required to attend a court in any district in such case may run into any other district. The termination of the authority granted in any subchapter or section of this chapter, or of any rule, regulation, or ord

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4558

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

6 U.S.C. § 677f — Authorization of appropriations

Page 384 TITLE 6—DOMESTIC SECURITY § 677e 1 See References in Text note below. (B) the impact of the declaration or re- newal on the response to, and recovery from, the specific significant incident described in paragraph (1); and (C) the impact of the funds made available from the Fund as a result of the declaration or renewal on the recovery from, and re- sponse to, the specific significant incident described in paragraph (1). (c) Classification Each notification made under subsection (a) and each report submitted under subsection (b)— (1) shall be in an unclassified form with ap- propriate markings to indicate information that is exempt from disclosure under section 552 of title 5 (commonly known as the ‘‘Free- dom of Information Act’’); and (2) may include a classified annex. (d) Consolidated report The Secretary shall not be required to submit multiple reports under subsection (b) for mul- tiple declarations or renewals if the Secretary determines that the declarations or renewals substantively relate to the same specific signifi- cant incident. (e) Exemption The requirements of subchapter I of chapter 35 of title 44 (commonly known as the ‘‘Paperwork Reduction Act’’) shall not apply to the vol- untary collection of information by the Depart- ment during an investigation of, a response to, or an immediate post-response review of, the specific significant incident leading to a dec- laration or renewal. (Pub. L. 107–296, title XXII, § 2235, as added Pub. L. 117–58, div. G, title VI, § 70602(a), Nov. 15, 2021, 135 Stat. 1270.) § 677e. Rule of construction Nothing in this part shall be construed to im- pair or limit the ability of the Director to carry out the authorized activities of the Cybersecurity and Infrastructure Securit

Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 677f

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