6 U.S.C. § 674 — No private right of action

Page 381 TITLE 6—DOMESTIC SECURITY § 677a structure 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 em- ployee thereof, shall be fined under title 18, im- prisoned 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 com- panies, targeted sectors, other governmental en- tities, 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 submit- ting person or entity, or is otherwise not ap- propriately in the public domain. (h) Authority to delegate The President may delegate authority to a critical infrastructure protection program, des- ignated under section 672 of this title, to enter into a voluntary agreement to promote critical infrastructure security, including with any In- formation Sharing and Analysis Organization, or a plan of action as otherwise defined in sec- tion 4558 of title 50. (Pub. L. 107–296, title XXII, § 2224, formerly title II, § 214, Nov. 25, 2002, 116 Stat. 2152; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 112–199, title I, § 111, Nov. 27, 2012, 126 Stat. 1472; renumbered title XXII, § 2224, and amended Pub. L. 115–278, § 2(g)(2)(H), (9)(B)(ii), Nov. 16, 2018, 132 Stat. 4178, 4181; Pub. L. 117–286, § 4(a)(18), Dec. 27, 2022, 136 Stat. 4307.) Editorial Notes REFERENCES IN TEXT The Critical Infrastructure Information Act of 2002, referred to in subsec. (a)(2)(A), is subtitle B (§ 2221 et seq.) of title XXII of Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2150, which is classified generally to this part. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables. CODIFICATION Section was formerly classified to section 133 of this title prior to renumbering by Pub. L. 115–278. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5.’’ for ‘‘the Federal Advisory Committee Act.’’ 2018—Subsec. (h). Pub. L. 115–278, § 2(g)(9)(B)(ii), sub- stituted ‘‘section 672 of this title’’ for ‘‘section 132 of this title’’. 2012—Subsec. (c). Pub. L. 112–199 inserted at end ‘‘For purposes of this section a permissible use of independ- ently obtained information includes the disclosure of such information under section 2302(b)(8) of title 5.’’ 2004—Subsec. (a)(1)(D)(ii)(II). Pub. L. 108–271 sub- stituted ‘‘Government Accountability Office’’ for ‘‘Gen- eral Accounting Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–199 effective 30 days after Nov. 27, 2012, see section 202 of Pub. L. 112–199, set out as a note under section 1204 of Title 5, Government Or- ganization and Employees. § 674. No private right of action Nothing in this part may be construed to cre- ate a private right of action for enforcement of any provision of this chapter. (Pub. L. 107–296, title XXII, § 2225, formerly title II, § 215, Nov. 25, 2002, 116 Stat. 2155; renumbered title XXII, § 2225, Pub. L. 115–278, § 2(g)(2)(H), Nov. 16, 2018, 132 Stat. 4178.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Ta- bles. CODIFICATION Section was formerly classified to section 134 of this title prior to renumbering by Pub. L. 115–278. PART C—DECLARATION OF A SIGNIFICANT INCIDENT § 677. Sense of Congress It is the sense of Congress that— (1) the purpose of this part is to authorize the Secretary to declare that a significant in- cident has occurred and to establish the au- thorities that are provided under the declara- tion to respond to and recover from the sig- nificant incident; and (2) the authorities established under this part are intended to enable the Secretary to provide voluntary assistance to non-Federal entities impacted by a significant incident. (Pub. L. 107–296, title XXII, § 2231, as added Pub. L. 117–58, div. G, title VI, § 70602(a), Nov. 15, 2021, 135 Stat. 1267.) § 677a. Definitions For the purposes of this part: (1) Asset response activity The term ‘‘asset response activity’’ means an activity to support an entity impacted by an incident with the response to, remediation of, or recovery from, the incident, including— (A) furnishing technical and advisory as- sistance to the entity to protect the assets of the entity, mitigate vulnerabilities, and reduce the related impacts; (B) assessing potential risks to the critical infrastructure sector or geographic region impacted by the incident, including poten- tial cascading effects of the incident on other critical infrastructure sectors or geo- graphic regions; (C) developing courses of action to miti- gate the risks assessed under subparagraph (B);