Sec. 202. SAFETY Act and qualifying cyber incidents
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The Support Anti-Terrorism By Fostering Effective Technologies Act of 2002 ( 6 U.S.C. 441 et seq. ) is amended— in section 862(b) ( 6 U.S.C. 441(b) )— in the heading, by striking and inserting Designation of Qualified Anti-Terrorism Technologies ; Designation of Anti-Terrorism and Cybersecurity Technologies in the matter preceding paragraph (1), by inserting and cybersecurity after anti-terrorism ; in paragraphs (3), (4), and (5), by inserting or cybersecurity after anti-terrorism each place it appears; and in paragraph (7)— by inserting or cybersecurity technology after Anti-terrorism technology ; and by inserting or qualifying cyber incidents after acts of terrorism ; in section 863 ( 6 U.S.C. 442 )— by inserting or cybersecurity after anti-terrorism each place it appears; by inserting or qualifying cyber incident after act of terrorism each place it appears; and by inserting or qualifying cyber incidents after acts of terrorism each place it appears; in section 864 ( 6 U.S.C. 443 )— by inserting or cybersecurity after anti-terrorism each place it appears; and by inserting or qualifying cyber incident after act of terrorism each place it appears; and in section 865 ( 6 U.S.C. 444 )— in paragraph (1)— in the heading, by inserting after or cybersecurity ; anti-terrorism by inserting or cybersecurity after anti-terrorism ; by inserting or qualifying cyber incidents after acts of terrorism ; and by inserting or incidents after such acts ; and by adding at the end the following new paragraph:
The term qualifying cyber incident means any act that the Secretary determines meets the requirements under subparagraph (B), as such requirements are further defined and specified by the Secretary. A qualifying cyber incident meets the requirements of this subparagraph if— the incident is unlawful or otherwise exceeds authorized access authority; the incident disrupts or imminently jeopardizes the integrity, operation, confidentiality, or availability of programmable electronic devices, communication networks, including hardware, software and data that are essential to their reliable operation, electronic storage devices, or any other information system, or the information that system controls, processes, stores, or transmits; the perpetrator of the incident gains access to an information system or a network of information systems resulting in— misappropriation or theft of data, assets, information, or intellectual property; corruption of data, assets, information, or intellectual property; operational disruption; or an adverse effect on such system or network, or the data, assets, information, or intellectual property contained therein; and the incident causes harm inside or outside the United States that results in material levels of damage, disruption, or casualties severely affecting the United States population, infrastructure, economy, or national morale, or Federal, State, local, or tribal government functions.
For purposes of clause
(iv)of subparagraph (B), the term severely includes any qualifying cyber incident, whether at a local, regional, state, national, international, or tribal level, that affects— the United States population, infrastructure, economy, or national morale, or Federal, State, local, or tribal government functions. . Of the amounts authorized to be appropriated for each of fiscal years 2014, 2015, and 2016 for the Department of Homeland Security, the Secretary of Homeland Security is authorized to use not less than $20,000,000 for any such year for the Department’s SAFETY Act Office.
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