6 U.S.C. § 653 — Cybersecurity Division

Page 335 TITLE 6—DOMESTIC SECURITY § 653 (BB) the designation of any subsec- tors of such sectors; and (bb) the recommendations of the Sec- retary. (4) Publication Any designation of critical infrastructure sectors shall be published in the Federal Reg- ister. (c) Sector Risk Management Agencies (1) Omitted (2) Omitted (3) References Any reference to a Sector Specific Agency (including any permutations or conjugations thereof) in any law, regulation, map, docu- ment, record, or other paper of the United States shall be deemed to— (A) be a reference to the Sector Risk Man- agement Agency of the relevant critical in- frastructure sector; and (B) have the meaning given such term in section 650 of this title. (4) Omitted (d) Report and auditing Not later than two years after January 1, 2021 and every four years thereafter for 12 years, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Com- mittee on Homeland Security and Governmental Affairs of the Senate a report on the effective- ness of Sector Risk Management Agencies in carrying out their responsibilities under section 665d of this title. (Pub. L. 116–283, div. H, title XC, § 9002, Jan. 1, 2021, 134 Stat. 4768; Pub. L. 117–263, div. G, title LXXI, § 7143(d)(5), Dec. 23, 2022, 136 Stat. 3663.) Editorial Notes CODIFICATION Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 and not as part of the Homeland Secu- rity Act of 2002 which comprises this chapter. Section is comprised of section 9002 of Pub. L. 116–283. Subsec. (c)(1) of section 9002 of Pub. L. 116–283 enacted section 665d of this title. Subsec. (c)(2) of section 9002 of Pub. L. 116–283 amended sections 195f, 321m, 651, 652, and 664 of this title. Subsec. (c)(4) of section 9002 of Pub. L. 116–283 amended the table of contents in section 1(b) of the Homeland Security Act of 2002. AMENDMENTS 2022—Subsec. (a)(5). Pub. L. 117–263, § 7143(d)(5)(A)(i), (ii), redesignated par. (6) as (5) and struck out former par. (5). Prior to amendment, text of par. (5) read as fol- lows: ‘‘The term ‘information sharing and analysis or- ganization’ has the meaning given that term in section 671(5) of this title.’’ Subsec. (a)(6), (7). Pub. L. 117–263, § 7143(d)(5)(A)(ii), (iii), which redesignated par. (7) as (6) and then directed the general amendment of par. (7), was executed by making the redesignation and generally amending par. (6) as redesignated, to reflect the probable intent of Congress. As amended, such par. remained designated as (7). Prior to amendment, text of par. (7) read as fol- lows: ‘‘The term ‘sector risk management agency’ has the meaning given the term ‘Sector-Specific Agency’ in section 651(5) of this title.’’ Subsec. (c)(3)(B). Pub. L. 117–263, § 7143(d)(5)(B), which directed substitution of ‘‘given such term in section 650 of this title’’ for ‘‘given such term in section 651(5) of this title’’, was executed by making the substitution for ‘‘give such term in section 651(5) of this title’’, to reflect the probable intent of Congress. Subsec. (d). Pub. L. 117–263, § 7143(d)(5)(C), made tech- nical amendment to reference in original act which ap- pears in text as reference to section 665d of this title. § 653. Cybersecurity Division (a) Establishment (1) In general There is established in the Agency a Cybersecurity Division. (2) Executive Assistant Director The Cybersecurity Division shall be headed by an Executive Assistant Director for Cybersecurity (in this section referred to as ‘‘the Executive Assistant Director’’), 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 Cybersecurity and Communications or Assist- ant Director for Cybersecurity 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 Cybersecurity. (b) Functions The Executive Assistant Director shall— (1) direct the cybersecurity efforts of the Agency; (2) carry out activities, at the direction of the Director, related to the security of Federal information and Federal information systems consistent with law, including subchapter II of chapter 35 of title 44 and the Cybersecurity Act of 2015 (contained in division N of the Con- solidated Appropriations Act, 2016 (Public Law 114–113)); (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, § 2203, as added Pub. L. 115–278, § 2(a), Nov. 16, 2018, 132 Stat. 4174; amended Pub. L. 116–283, div. H, title XC, § 9001(c)(1), Jan. 1, 2021, 134 Stat. 4766.) Editorial Notes REFERENCES IN TEXT The Cybersecurity Act of 2015, referred to in subsec. (b)(2), is div. N of Pub. L. 114–113, Dec. 18, 2015, 129 Stat. 2835. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables. AMENDMENTS 2021—Subsec. (a)(2). Pub. L. 116–283, § 9001(c)(1)(A)(i), in heading, substituted ‘‘Executive Assistant Director’’ for ‘‘Assistant Director’’ and, in introductory provi- sions, substituted ‘‘Executive Assistant Director for Cybersecurity’’ for ‘‘Assistant Director for 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-