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6 U.S.C. § 665f — Federal intrusion detection and prevention system

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

6 U.S.C. § 665f — Federal intrusion detection and prevention system

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Stable record: federal_law:legal_authorities:record_usc_fcc0ce9f5a27bccbac518584
Source file: Laws/federal/codes/united-states-code/title-6/section-665f-federal-intrusion-detection-and-prevention-system--3c6f880f4f.md
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Source location: Title 6, Chapter 1, § 665f; chapter-001-homeland-security-organization.md

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**(a) Definitions** In this section— (1) the term “agency” has the meaning given the term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim); (2) the term “agency information” means information collected or maintained by or on behalf of an agency; 11 So in original. Probably should be followed by “and”. (3) the term “agency information system” has the meaning given the term in [section 660 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section660&num=0&edition=prelim); and 22 So in original. The “; and” probably should be a period. **(b) Requirement** (1) **In general** — Not later than 1 year after December 18, 2015, the Secretary shall deploy, operate, and maintain, to make available for use by any agency, with or without reimbursement— (A) a capability to detect cybersecurity risks in network traffic transiting or traveling to or from an agency information system; and (B) a capability to prevent network traffic associated with such cybersecurity risks from transiting or traveling to or from an agency information system or modify such network traffic to remove the cybersecurity risk. (2) **Regular improvement** — The Secretary shall regularly deploy new technologies and modify existing technologies to the intrusion detection and prevention capabilities described in paragraph (1) as appropriate to improve the intrusion detection and prevention capabilities. **(c) Activities** In carrying out subsection (b), the Secretary— (1) may access, and the head of an agency may disclose to the Secretary or a private entity providing assistance to the Secretary under paragraph (2), information transiting or traveling to or from an agency information system, regardless of the location from which the Secretary or a private entity providing assistance to the Secretary under paragraph (2) accesses such information, notwithstanding any other provision of law that would otherwise restrict or prevent the head of an agency from disclosing such information to the Secretary or a private entity providing assistance to the Secretary under paragraph (2); (2) may enter into contracts or other agreements with, or otherwise request and obtain the assistance of, private entities to deploy, operate, and maintain technologies in accordance with subsection (b); (3) may retain, use, and disclose information obtained through the conduct of activities authorized under this section only to protect information and information systems from cybersecurity risks; (4) shall regularly assess through operational test and evaluation in real world or simulated environments available advanced protective technologies to improve detection and prevention capabilities, including commercial and noncommercial technologies and detection technologies beyond signature-based detection, and acquire, test, and deploy such technologies when appropriate; (5) shall establish a pilot through which the Secretary may acquire, test, and deploy, as rapidly as possible, technologies described in paragraph (4); and (6) shall periodically update the privacy impact assessment required under section 208(b) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note). **(d) Principles** In carrying out subsection (b), the Secretary shall ensure that— (1) activities carried out under this section are reasonably necessary for the purpose of protecting agency information and agency information systems from a cybersecurity risk; (2) information accessed by the Secretary will be retained no longer than reasonably necessary for the purpose of protecting agency information and agency information systems from a cybersecurity risk; (3) notice has been provided to users of an agency information system concerning access to communications of users of the agency information system for the purpose of protecting agency information and the agency information system; and (4) the activities are implemented pursuant to policies and procedures governing the operation of the intrusion detection and prevention capabilities. **(e) Private entities** (1) **Conditions** — A private entity described in subsection (c)(2) may not— (A) disclose any network traffic transiting or traveling to or from an agency information system to any entity other than the Department or the agency that disclosed the information under subsection (c)(1), including personal information of a specific individual or information that identifies a specific individual not directly related to a cybersecurity risk; or (B) use any network traffic transiting or traveling to or from an agency information system to which the private entity gains access in accordance with this section for any purpose other than to protect agency information and agency information systems against cybersecurity risks or to administer a contract or other agreement entered into pursuant to subsection (c)(2) or as part of another contract with the Secretary. (2) **Limitation on liability** — No cause of action shall lie in any court against a private entity for assistance provided to the Secretary in accordance with this section and any contract or agreement entered into pursuant to subsection (c)(2). (3) **Rule of construction** — Nothing in paragraph (2) shall be construed to authorize an Internet service provider to break a user agreement with a customer without the consent of the customer. **(f) Privacy Officer review** Not later than 1 year after December 18, 2015, the Privacy Officer appointed under [section 142 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section142&num=0&edition=prelim), in consultation with the Attorney General, shall review the policies and guidelines for the program carried out under this section to ensure that the policies and guidelines are consistent with applicable privacy laws, including those governing the acquisition, interception, retention, use, and disclosure of communications.

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

6 U.S.C. § 659 — Cybersecurity and Infrastructure Security Agency

**(a) Redesignation** (1) **In general** — The National Protection and Programs Directorate of the Department shall, on and after November 16, 2018, be known as the “Cybersecurity and Infrastructure Security Agency”. (2) **References** — Any reference to the National Protection and Programs Directorate of the Department in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Cybersecurity and Infrastructure Security Agency of the Department. **(b) Director** (1) **In general** — The Agency shall be headed by the Director, who shall report to the Secretary. (2) **Qualifications** (A) *In general* — The Director shall be appointed from among individuals who have— (i) extensive knowledge in at least two of the areas specified in subparagraph (B); and (ii) not fewer than five years of demonstrated experience in efforts to foster coordination and collaboration between the Federal Government, the private sector, and other entities on issues related to cybersecurity, infrastructure security, or security risk management. (B) *Specified areas* — The areas specified in this subparagraph are the following: (i) Cybersecurity. (ii) Infrastructure security. (iii) Security risk management. (3) **Reference** — Any reference to an Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and any other related program of the Department as described in [section 113(a)(1)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section113/a/1/H&num=0&edition=prelim) as in effect on the day before November 16, 2018, in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a re

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44 U.S.C. § 3502 — Definitions

As used in this subchapter— (1) the term “agency” means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include— (A) the Government Accountability Office; (B) Federal Election Commission; (C) the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; or (D) Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities; (2) the term “burden” means time, effort, or financial resources expended by persons to generate, maintain, or provide information to or for a Federal agency, including the resources expended for— (A) reviewing instructions; (B) acquiring, installing, and utilizing technology and systems; (C) adjusting the existing ways to comply with any previously applicable instructions and requirements; (D) searching data sources; (E) completing and reviewing the collection of information; and (F) transmitting, or otherwise disclosing the information; (3) the term “collection of information”— (A) means the obtaining, causing to be obtained, soliciting, or requiring the disclosure to third parties or the public, of facts or opinions by or for an agency, regardless of form or format, calling for either— (i) answers to identical questions posed to, or identical reporting or recordkeeping requirements imposed on, ten or more persons, other than agencies, instrumentalities, or employees of the United States; or (ii) answers to questions posed to agencies, ins

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44 U.S.C. § 3501 — Purposes

The purposes of this subchapter are to— (1) minimize the paperwork burden for individuals, small businesses, educational and nonprofit institutions, Federal contractors, State, local and tribal governments, and other persons resulting from the collection of information by or for the Federal Government; (2) ensure the greatest possible public benefit from and maximize the utility of information created, collected, maintained, used, shared and disseminated by or for the Federal Government; (3) coordinate, integrate, and to the extent practicable and appropriate, make uniform Federal information resources management policies and practices as a means to improve the productivity, efficiency, and effectiveness of Government programs, including the reduction of information collection burdens on the public and the improvement of service delivery to the public; (4) improve the quality and use of Federal information to strengthen decisionmaking, accountability, and openness in Government and society; (5) minimize the cost to the Federal Government of the creation, collection, maintenance, use, dissemination, and disposition of information; (6) strengthen the partnership between the Federal Government and State, local, and tribal governments by minimizing the burden and maximizing the utility of information created, collected, maintained, used, disseminated, and retained by or for the Federal Government; (7) provide for the dissemination of public information on a timely basis, on equitable terms, and in a manner that promotes the utility of the information to the public and makes effective use of information technology; (8) ensure that the creation, collection, maintenance, use, dissemination, and disposition of information by or for the Federal Government is consistent w

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

6 U.S.C. § 142 — Departmental coordination on counter threats

**(a) Establishment** There is authorized in the Department, for a period of 2 years beginning after December 27, 2020, a Counter Threats Advisory Board (in this section referred to as the “Board”) which shall— (1) be composed of senior representatives of departmental operational components and headquarters elements; and (2) coordinate departmental intelligence activities and policy and information related to the mission and functions of the Department that counter threats. **(b) Charter** There shall be a charter to govern the structure and mission of the Board, which shall— (1) direct the Board to focus on the current threat environment and the importance of aligning departmental activities to counter threats under the guidance of the Secretary; and (2) be reviewed and updated as appropriate. **(c) Members** (1) **In general** — The Board shall be composed of senior representatives of departmental operational components and headquarters elements. (2) **Chair** — The Under Secretary for Intelligence and Analysis shall serve as the Chair of the Board. (3) **Members** — The Secretary shall appoint additional members of the Board from among the following: (A) The Transportation Security Administration. (B) U.S. Customs and Border Protection. (C) U.S. Immigration and Customs Enforcement. (D) The Federal Emergency Management Agency. (E) The Coast Guard. (F) U.S. Citizenship and Immigration Services. (G) The United States Secret Service. (H) The Cybersecurity and Infrastructure Security Agency. (I) The Office of Operations Coordination. (J) The Office of the General Counsel. (K) The Office of Intelligence and Analysis. (L) The Office of Strategy, Policy, and Plans. (M) The Science and Technology Directorate. (N) The Office f

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

6 U.S.C. § 1521 — Definitions

In this subchapter: (1) **Agency** — The term “agency” has the meaning given the term in [section 3502 of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3502&num=0&edition=prelim). (2) **Agency information system** — The term “agency information system” has the meaning given the term in [section 660 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section660&num=0&edition=prelim). (3) **Appropriate congressional committees** — The term “appropriate congressional committees” means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Homeland Security of the House of Representatives. (4) **Cybersecurity risk; information system** — The terms “cybersecurity risk” and “information system” have the meanings given those terms in [section 650 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section650&num=0&edition=prelim). (5) **Director** — The term “Director” means the Director of the Office of Management and Budget. (6) **Intelligence community** — The term “intelligence community” has the meaning given the term in [section 3003(4) of title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003/4&num=0&edition=prelim). (7) **National security system** — The term “national security system” has the meaning given the term in [section 11103 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11103&num=0&edition=prelim). (8) **Secretary** — The term “Secretary” means the Secretary of Homeland Security.

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

5 U.S.C. § 1001 — Definitions

In this chapter: (1) **Administrator.—** — The term “Administrator” means the Administrator of General Services. (2) **Advisory committee.—** (A) *In general.—* — The term “advisory committee” means a committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof (hereafter in this paragraph referred to as “committee”) that is established or utilized to obtain advice or recommendations for the President or one or more agencies or officers of the Federal Government and that is— (i) established by statute or reorganization plan; (ii) established or utilized by the President; or (iii) established or utilized by one or more agencies. (B) *Exclusions.—* — The term “advisory committee” excludes— (i) a committee that is composed wholly of full-time, or permanent part-time, officers or employees of the Federal Government; and (ii) a committee that is created by the National Academy of Sciences or the National Academy of Public Administration. (3) **Agency.—** — The term “agency” has the meaning given the term in [section 551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim). (4) **Presidential advisory committee.—** — The term “Presidential advisory committee” means an advisory committee that advises the President.

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

6 U.S.C. § 660 — Sector Risk Management Agencies

**(a) Definitions** In this section: (1) **Appropriate congressional committees** — The term “appropriate congressional committees” means— (A) the Committee on Homeland Security and the Committee on Armed Services in the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services in the Senate. (2) **Critical infrastructure** — The term “critical infrastructure” has the meaning given that term in [section 5195c(e) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5195c/e&num=0&edition=prelim). (3) **Department** — The term “Department” means the Department of Homeland Security. (4) **Director** — The term “Director” means the Director of the Cybersecurity and Infrastructure Security Agency of the Department. (5) **Secretary** — The term “Secretary” means the Secretary of Homeland Security. (7) **11 So in original. Probably should be “(6)”. Sector Risk Management Agency** — The term “Sector Risk Management Agency” has the meaning given the term in [section 650 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section650&num=0&edition=prelim). **(b) Critical infrastructure sector designation** (1) **Initial review** — Not later than 180 days after January 1, 2021, the Secretary, in consultation with the heads of Sector Risk Management Agencies, shall— (A) review the current framework for securing critical infrastructure, as described in [section 652(c)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section652/c/4&num=0&edition=prelim) and Presidential Policy Directive 21; and (B) submit to the President and appropriate congressional committees a report that includes— (i

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18 U.S.C. § 1030 — Fraud and related activity in connection with computers

**(a)** Whoever— (1) having knowingly accessed a computer without authorization or exceeding authorized access, and by means of such conduct having obtained information that has been determined by the United States Government pursuant to an Executive order or statute to require protection against unauthorized disclosure for reasons of national defense or foreign relations, or any restricted data, as defined in paragraph y. of section 11 of the Atomic Energy Act of 1954, with reason to believe that such information so obtained could be used to the injury of the United States, or to the advantage of any foreign nation willfully communicates, delivers, transmits, or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it; (2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains— (A) information contained in a financial record of a financial institution, or of a card issuer as defined in section 1602(n) 11 See References in Text note below. of title 15, or contained in a file of a consumer reporting agency on a consumer, as such terms are defined in the Fair Credit Reporting Act ([15 U.S.C. 1681](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1681&num=0&edition=prelim) et seq.); (B) information from any department or agency of the United States; or (C) information from any protected computer; (3) intentionally, without authorization to access any nonpublic computer of a department or agency of the United States,

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

6 U.S.C. § 650 — Definitions

In this part: (1) **Center** — The term “Center” means the center established under [section 659 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section659&num=0&edition=prelim). (2) **Council** — The term “Council” means the Cyber Incident Reporting Council described in [section 681f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681f&num=0&edition=prelim). (3) **Covered cyber incident** — The term “covered cyber incident” means a substantial cyber incident experienced by a covered entity that satisfies the definition and criteria established by the Director in the final rule issued pursuant to [section 681b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681b/b&num=0&edition=prelim). (4) **Covered entity** — The term “covered entity” means an entity in a critical infrastructure sector, as defined in Presidential Policy Directive 21, that satisfies the definition established by the Director in the final rule issued pursuant to [section 681b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section681b/b&num=0&edition=prelim). (5) **Cyber incident** — The term “cyber incident”— (A) has the meaning given the term “incident” in section 659 11 See References in Text note below. of this title; and (B) does not include an occurrence that imminently, but not actually, jeopardizes— (i) information on information systems; or (ii) information systems. (6) **Cyber threat** — The term “cyber threat” has the meaning given the term “cybersecurity threat” in [section 650 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section650&num=0&edition=prelim). (7) **Federal entit

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

6 U.S.C. § 665k — Cybersecurity State Coordinator

**(a) Appointment** The Director shall appoint an employee of the Agency in each State, with the appropriate cybersecurity qualifications and expertise, who shall serve as the Cybersecurity State Coordinator. **(b) Duties** The duties of a Cybersecurity State Coordinator appointed under subsection (a) shall include— (1) building strategic public and, on a voluntary basis, private sector relationships, including by advising on establishing governance structures to facilitate the development and maintenance of secure and resilient infrastructure; (2) serving as the Federal cybersecurity risk advisor and supporting preparation, response, and remediation efforts relating to cybersecurity risks and incidents; (3) facilitating the sharing of cyber threat information to improve understanding of cybersecurity risks and situational awareness of cybersecurity incidents; (4) raising awareness of the financial, technical, and operational resources available from the Federal Government to non-Federal entities to increase resilience against cyber threats; (5) supporting training, exercises, and planning for continuity of operations to expedite recovery from cybersecurity incidents, including ransomware; (6) serving as a principal point of contact for non-Federal entities to engage, on a voluntary basis, with the Federal Government on preparing, managing, and responding to cybersecurity incidents; (7) assisting non-Federal entities in developing and coordinating vulnerability disclosure programs consistent with Federal and information security industry standards; (8) assisting State, local, Tribal, and territorial governments, on a voluntary basis, in the development of State cybersecurity plans; (9) coordinating with appropriate officials within the Agency; and (10) perfor

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