6 U.S.C. § 655 — Enhancement of Federal and non-Federal

Page 336 TITLE 6—DOMESTIC SECURITY § 654 Cybersecurity’’ and ‘‘ ‘the Executive Assistant Direc- tor’ ’’ for ‘‘the ‘Assistant Director’ ’’. Subsec. (a)(3). Pub. L. 116–283, § 9001(c)(1)(A)(ii), in- serted ‘‘or Assistant Director for Cybersecurity’’ after ‘‘Assistant Secretary for Cybersecurity’’ and sub- stituted ‘‘Executive Assistant Director for Cybersecurity.’’ for ‘‘Assistant Director for Cybersecurity.’’ Subsec. (b). Pub. L. 116–283, § 9001(c)(1)(B), substituted ‘‘Executive Assistant Director’’ for ‘‘Assistant Direc- tor’’ in introductory provisions. Statutory Notes and Related Subsidiaries CONTINUATION IN OFFICE Pub. L. 116–283, div. H, title XC, § 9001(c)(2), Jan. 1, 2021, 134 Stat. 4767, provided that: ‘‘The individual serv- ing as the Assistant Director for Cybersecurity of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security on the day be- fore the date of enactment of this Act [Jan. 1, 2021] may serve as the Executive Assistant Director for Cybersecurity on and after that date without the need for renomination or reappointment.’’ ASSISTANT SECRETARY FOR CYBERSECURITY AND COM- MUNICATIONS AUTHORIZED TO SERVE AS ASSISTANT DIRECTOR FOR CYBERSECURITY Pub. L. 115–278, § 2(b)(3), Nov. 16, 2018, 132 Stat. 4175, provided that: ‘‘The individual serving as the Assistant Secretary for Cybersecurity and Communications on the day before the date of enactment of this Act [Nov. 16, 2018] may continue to serve as the Assistant Direc- tor for Cybersecurity on and after such date.’’ § 654. Infrastructure Security Division (a) Establishment (1) In general There is established in the Agency an Infra- structure Security Division. (2) Executive Assistant Director The Infrastructure Security Division shall be headed by an Executive Assistant Director for Infrastructure Security (in this section re- ferred to as ‘‘the Executive Assistant Direc- tor’’), who shall— (A) be at the level of Assistant Secretary within the Department; (B) be appointed by the President without the advice and consent of the Senate; and (C) report to the Director. (3) Reference Any reference to the Assistant Secretary for Infrastructure Protection or Assistant Direc- tor for Infrastructure Security in any law, reg- ulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Executive Assistant Director for Infrastructure Security. (b) Functions The Executive Assistant Director shall— (1) direct the critical infrastructure security efforts of the Agency; (2) carry out, at the direction of the Direc- tor, the Chemical Facilities Anti-Terrorism Standards Program established under sub- chapter XVI and the secure handling of ammo- nium nitrate program established under part J of subchapter VIII, or any successor programs; (3) fully participate in the mechanisms re- quired under section 652(c)(7) of this title; and (4) carry out such other duties and powers as prescribed by the Director. (Pub. L. 107–296, title XXII, § 2204, as added Pub. L. 115–278, § 2(a), Nov. 16, 2018, 132 Stat. 4174; amended Pub. L. 116–283, div. H, title XC, § 9001(d)(1), Jan. 1, 2021, 134 Stat. 4767.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(2). Pub. L. 116–283, § 9001(d)(1)(A)(i), in heading, substituted ‘‘Executive Assistant Director’’ for ‘‘Assistant Director’’ and, in introductory provi- sions, substituted ‘‘Executive Assistant Director for In- frastructure Security’’ for ‘‘Assistant Director for In- frastructure Security’’ and ‘‘‘the Executive Assistant Director’ ’’ for ‘‘the ‘Assistant Director’ ’’. Subsec. (a)(3). Pub. L. 116–283, § 9001(d)(1)(A)(ii), in- serted ‘‘or Assistant Director for Infrastructure Secu- rity’’ after ‘‘Assistant Secretary for Infrastructure Pro- tection’’ and substituted ‘‘Executive Assistant Director for Infrastructure Security.’’ for ‘‘Assistant Director for Infrastructure Security.’’ Subsec. (b). Pub. L. 116–283, § 9001(d)(1)(B), substituted ‘‘Executive Assistant Director’’ for ‘‘Assistant Direc- tor’’ in introductory provisions. Statutory Notes and Related Subsidiaries CONTINUATION IN OFFICE Pub. L. 116–283, div. H, title XC, § 9001(d)(2), Jan. 1, 2021, 134 Stat. 4767, provided that: ‘‘The individual serv- ing as the Assistant Director for Infrastructure Secu- rity of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security on the day before the date of enactment of this Act [Jan. 1, 2021] may serve as the Executive Assistant Director for Infrastructure Security on and after that date without the need for renomination or reappointment.’’ ASSISTANT SECRETARY FOR INFRASTRUCTURE PROTEC- TION AUTHORIZED TO SERVE AS ASSISTANT DIRECTOR FOR INFRASTRUCTURE SECURITY Pub. L. 115–278, § 2(b)(4), Nov. 16, 2018, 132 Stat. 4175, provided that: ‘‘The individual serving as the Assistant Secretary for Infrastructure Protection on the day be- fore the date of enactment of this Act [Nov. 16, 2018] may continue to serve as the Assistant Director for In- frastructure Security on and after such date.’’ § 655. Enhancement of Federal and non-Federal cybersecurity In carrying out the responsibilities under sec- tion 652 of this title, the Director of the Cybersecurity and Infrastructure Security Agency shall— (1) as appropriate, provide to State and local government entities, and upon request to pri- vate entities that own or operate critical in- formation systems— (A) analysis and warnings related to threats to, and vulnerabilities of, critical in- formation systems; and (B) in coordination with the Under Sec- retary for Emergency Preparedness and Re- sponse, crisis management support in re- sponse to threats to, or attacks on, critical information systems; (2) as appropriate, provide technical assist- ance, upon request, to the private sector and other government entities, in coordination with the Under Secretary for Emergency Pre- paredness and Response, with respect to emer- Page 337 TITLE 6—DOMESTIC SECURITY § 657 gency recovery plans to respond to major fail- ures of critical information systems; and (3) fulfill the responsibilities of the Sec- retary to protect Federal information systems under subchapter II of chapter 35 of title 44. (Pub. L. 107–296, title XXII, § 2205, formerly title II, § 223, Nov. 25, 2002, 116 Stat. 2156; Pub. L. 110–53, title V, § 531(b)(1)(A), Aug. 3, 2007, 121 Stat. 334; Pub. L. 113–283, § 2(e)(3)(A), Dec. 18, 2014, 128 Stat. 3086; renumbered title XXII, § 2205, and amended Pub. L. 115–278, § 2(g)(2)(I), (9)(A)(i), Nov. 16, 2018, 132 Stat. 4178, 4180; Pub. L. 117–263, div. G, title LXXI, § 7143(c)(6), Dec. 23, 2022, 136 Stat. 3663.) Editorial Notes CODIFICATION Section was formerly classified to section 143 of this title prior to renumbering by Pub. L. 115–278. AMENDMENTS 2022—Pub. L. 117–263 substituted ‘‘Director of the Cybersecurity and Infrastructure Security Agency’’ for ‘‘Director of Cybersecurity and Infrastructure Secu- rity’’ in introductory provisions. 2018—Pub. L. 115–278, § 2(g)(9)(A)(i)(I), substituted ‘‘section 652 of this title’’ for ‘‘section 121 of this title’’ and ‘‘Director of Cybersecurity and Infrastructure Se- curity’’ for ‘‘Under Secretary appointed under section 113(a)(1)(H) of this title’’ in introductory provisions. Par. (1)(B). Pub. L. 115–278, § 2(g)(9)(A)(i)(II), struck out ‘‘and’’ at end. 2014—Pub. L. 113–283, § 2(e)(3)(A)(i), (ii), inserted ‘‘Fed- eral and’’ before ‘‘non-Federal’’ in section catchline and substituted ‘‘the Under Secretary appointed under section 113(a)(1)(H) of this title’’ for ‘‘the Under Sec- retary for Intelligence and Analysis, in cooperation with the Assistant Secretary for Infrastructure Protec- tion’’ in introductory provisions. Par. (3). Pub. L. 113–283, § 2(e)(3)(A)(iii), (iv), added par. (3). 2007—Pub. L. 110–53 substituted ‘‘Under Secretary for Intelligence and Analysis, in cooperation with the As- sistant Secretary for Infrastructure Protection’’ for ‘‘Under Secretary for Information Analysis and Infra- structure Protection’’ in introductory provisions. Statutory Notes and Related Subsidiaries RULE OF CONSTRUCTION Nothing in amendment made by Pub. L. 117–263 to be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in 44 U.S.C. 3502) or officer or employee of the United States on or before Dec. 23, 2022, see section 7143(f)(1) of Pub. L. 117–263, set out as a note under sec- tion 650 of this title. § 656. NET Guard The Director of the Cybersecurity and Infra- structure Security Agency may establish a na- tional technology guard, to be known as ‘‘NET Guard’’, comprised of local teams of volunteers with expertise in relevant areas of science and technology, to assist local communities to re- spond and recover from attacks on information systems and communications networks. (Pub. L. 107–296, title XXII, § 2206, formerly title II, § 224, Nov. 25, 2002, 116 Stat. 2156; Pub. L. 110–53, title V, § 531(b)(1)(B), Aug. 3, 2007, 121 Stat. 334; renumbered title XXII, § 2206, and amended Pub. L. 115–278, § 2(g)(2)(I), (9)(A)(ii), Nov. 16, 2018, 132 Stat. 4178, 4180; Pub. L. 117–263, div. G, title LXXI, § 7143(c)(7), Dec. 23, 2022, 136 Stat. 3663.) Editorial Notes CODIFICATION Section was formerly classified to section 144 of this title prior to renumbering by Pub. L. 115–278. AMENDMENTS 2022—Pub. L. 117–263 substituted ‘‘Director of the Cybersecurity and Infrastructure Security Agency’’ for ‘‘Director of Cybersecurity and Infrastructure Secu- rity’’. 2018—Pub. L. 115–278, § 2(g)(9)(A)(ii), substituted ‘‘Di- rector of Cybersecurity and Infrastructure Security’’ for ‘‘Assistant Secretary for Infrastructure Protec- tion’’. 2007—Pub. L. 110–53 substituted ‘‘Assistant Secretary for Infrastructure Protection’’ for ‘‘Under Secretary for Information Analysis and Infrastructure Protection’’. Statutory Notes and Related Subsidiaries RULE OF CONSTRUCTION Nothing in amendment made by Pub. L. 117–263 to be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in 44 U.S.C. 3502) or officer or employee of the United States on or before Dec. 23, 2022, see section 7143(f)(1) of Pub. L. 117–263, set out as a note under sec- tion 650 of this title. § 657. Cyber Security Enhancement Act of 2002 (a) Short title This section may be cited as the ‘‘Cyber Secu- rity Enhancement Act of 2002’’. (b) Amendment of sentencing guidelines relating to certain computer crimes (1) Directive to the United States Sentencing Commission Pursuant to its authority under section 994(p) of title 28 and in accordance with this subsection, the United States Sentencing Commission shall review and, if appropriate, amend its guidelines and its policy statements applicable to persons convicted of an offense under section 1030 of title 18. (2) Requirements In carrying out this subsection, the Sen- tencing Commission shall— (A) ensure that the sentencing guidelines and policy statements reflect the serious na- ture of the offenses described in paragraph (1), the growing incidence of such offenses, and the need for an effective deterrent and appropriate punishment to prevent such of- fenses; (B) consider the following factors and the extent to which the guidelines may or may not account for them— (i) the potential and actual loss resulting from the offense; (ii) the level of sophistication and plan- ning involved in the offense; (iii) whether the offense was committed for purposes of commercial advantage or private financial benefit; (iv) whether the defendant acted with malicious intent to cause harm in commit- ting the offense;