Sec. 8. Construction and preemption

530 words·~2 min read·/bill/113/s/2588/pcs/section-8

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Nothing in this Act shall be construed to limit or prohibit otherwise lawful disclosures of communications, records, or other information, including reporting of known or suspected criminal activity, by an entity to any other entity or the Federal Government under this Act. Nothing in this Act shall be construed to preempt any employee from exercising rights currently provided under any whistleblower law, rule, or regulation. Nothing in this Act shall be construed— as creating any immunity against, or otherwise affecting, any action brought by the Federal Government, or any agency or department thereof, to enforce any law, executive order, or procedure governing the appropriate handling, disclosure, or use of classified information; to impact the conduct of authorized law enforcement or intelligence activities; or to modify the authority of a department or agency of the Federal Government to protect sources and methods and the national security of the United States.

Nothing in this Act shall be construed to affect any requirement under any other provision of law for an entity to provide information to the Federal Government. Nothing in this Act shall be construed to permit price-fixing, allocating a market between competitors, monopolizing or attempting to monopolize a market, boycotting, or exchanges of price or cost information, customer lists, or information regarding future competitive planning. Nothing in this Act shall be construed— to limit or modify an existing information sharing relationship; to prohibit a new information sharing relationship; to require a new information sharing relationship between any entity and the Federal Government; to require the use of the capability and process within the Department of Homeland Security developed under section 5(c); or to amend, repeal, or supersede any current or future contractual agreement, terms of service agreement, or other contractual relationship between any entities, or between any entity and the Federal Government.

Nothing in this Act shall be construed to permit the Federal Government— to require an entity to provide information to the Federal Government; or to condition the sharing of cyber threat indicators with an entity on such entity’s provision of cyber threat indicators to the Federal Government. Nothing in this Act shall be construed to subject any entity to liability for choosing not to engage in the voluntary activities authorized in this Act. Nothing in this Act shall be construed to authorize, or to modify any existing authority of, a department or agency of the Federal Government to retain or use any information shared under this Act for any use other than permitted in this Act.

This Act supersedes any statute or other law of a State or political subdivision of a State that restricts or otherwise expressly regulates an activity authorized under this Act. Nothing in this Act shall be construed to supersede any statute or other law of a State or political subdivision of a State concerning the use of authorized law enforcement practices and procedures. Nothing in this Act shall be construed— to authorize the promulgation of any regulations not specifically authorized by this Act; to establish any regulatory authority not specifically established under Act; or to authorize regulatory actions that would duplicate or conflict with regulatory requirements, mandatory standards, or related processes under Federal law.