6 U.S.C. § 677c — Cyber Response and Recovery Fund

Page 383 TITLE 6—DOMESTIC SECURITY § 677d amounts available in the Fund, and amounts available in the Fund shall be in addition to any other appropriations available to the Cybersecurity and Infrastructure Security Agency for such purpose. (Pub. L. 107–296, title XXII, § 2233, as added Pub. L. 117–58, div. G, title VI, § 70602(a), Nov. 15, 2021, 135 Stat. 1268.) § 677c. Cyber Response and Recovery Fund (a) In general There is established a Cyber Response and Re- covery Fund, which shall be available for— (1) the coordination of activities described in section 677b(b) of this title; (2) response and recovery support for the specific significant incident associated with a declaration to Federal, State, local, and Trib- al, entities and public and private entities on a reimbursable or non-reimbursable basis, in- cluding through asset response activities and technical assistance, such as— (A) vulnerability assessments and mitiga- tion; (B) technical incident mitigation; (C) malware analysis; (D) analytic support; (E) threat detection and hunting; and (F) network protections; (3) as the Director determines appropriate, grants for, or cooperative agreements with, Federal, State, local, and Tribal public and private entities to respond to, and recover from, the specific significant incident associ- ated with a declaration, such as— (A) hardware or software to replace, up- date, improve, harden, or enhance the functionality of existing hardware, software, or systems; and (B) technical contract personnel support; and (4) advance actions taken by the Secretary under section 677b(f)(1)(B) of this title. (b) Deposits and expenditures (1) In general Amounts shall be deposited into the Fund from— (A) appropriations to the Fund for activi- ties of the Fund; and (B) reimbursement from Federal agencies for the activities described in paragraphs (1), (2), and (4) of subsection (a), which shall only be from amounts made available in advance in appropriations Acts for such reimburse- ment. (2) Expenditures Any expenditure from the Fund for the pur- poses of this part shall be made from amounts available in the Fund from a deposit described in paragraph (1), and amounts available in the Fund shall be in addition to any other appro- priations available to the Cybersecurity and Infrastructure Security Agency for such pur- poses. (c) Supplement not supplant Amounts in the Fund shall be used to supple- ment, not supplant, other Federal, State, local, or Tribal funding for activities in response to a declaration. (d) Reporting The Secretary shall require an entity that re- ceives amounts from the Fund to submit a re- port to the Secretary that details the specific use of the amounts. (Pub. L. 107–296, title XXII, § 2234, as added Pub. L. 117–58, div. G, title VI, § 70602(a), Nov. 15, 2021, 135 Stat. 1270.) § 677d. Notification and reporting (a) Notification Upon a declaration or renewal, the Secretary shall immediately notify the National Cyber Di- rector and appropriate congressional commit- tees and include in the notification— (1) an estimation of the planned duration of the declaration; (2) with respect to a notification of a dec- laration, the reason for the declaration, in- cluding information relating to the specific significant incident or imminent specific sig- nificant incident, including— (A) the operational or mission impact or anticipated impact of the specific significant incident on Federal and non-Federal enti- ties; (B) if known, the perpetrator of the spe- cific significant incident; and (C) the scope of the Federal and non-Fed- eral entities impacted or anticipated to be impacted by the specific significant inci- dent; (3) with respect to a notification of a re- newal, the reason for the renewal; (4) justification as to why available re- sources, other than the Fund, are insufficient to respond to or mitigate the specific signifi- cant incident; and (5) a description of the coordination activi- ties described in section 677b(b) of this title that the Secretary anticipates the Director to perform. (b) Report to Congress Not later than 180 days after the date of a dec- laration or renewal, the Secretary shall submit to the appropriate congressional committees a report that includes— (1) the reason for the declaration or renewal, including information and intelligence relat- ing to the specific significant incident that led to the declaration or renewal; (2) the use of any funds from the Fund for the purpose of responding to the incident or threat described in paragraph (1); (3) a description of the actions, initiatives, and projects undertaken by the Department and State and local governments and public and private entities in responding to and re- covering from the specific significant incident described in paragraph (1); (4) an accounting of the specific obligations and outlays of the Fund; and (5) an analysis of— (A) the impact of the specific significant incident described in paragraph (1) on Fed- eral and non-Federal entities;