Sec. 109. Construction and preemption
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/bill/114/hr/1560/rds/section-109·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Nothing in this title or the amendments made by this title shall be construed to authorize the Department of Defense or the National Security Agency or any other element of the intelligence community to target a person for surveillance. Nothing in this title or the amendments made by this title 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 a non-Federal entity to any other non-Federal entity or the Federal Government; or any otherwise lawful use of such disclosures by any entity of the Federal Government, without regard to whether such otherwise lawful disclosures duplicate or replicate disclosures made under this title.
Nothing in this title or the amendments made by this title shall be construed to prohibit or limit the disclosure of information protected under section 2302(b)(8) of title 5, United States Code (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats), section 7211 of title 5, United States Code (governing disclosures to Congress), section 1034 of title 10, United States Code (governing disclosure to Congress by members of the military), or any similar provision of Federal or State law.
Nothing in this title or the amendments made by this title shall be construed— as creating any immunity against, or otherwise affecting, any action brought by the Federal Government, or any department or agency thereof, to enforce any law, Executive order, or procedure governing the appropriate handling, disclosure, or use of classified information; to affect the conduct of authorized law enforcement or intelligence activities; or to modify the authority of the President or a department or agency of the Federal Government to protect and control the dissemination of classified information, intelligence sources and methods, and the national security of the United States.
Nothing in this title or the amendments made by this title shall be construed to affect any requirement under any other provision of law for a non-Federal entity to provide information to the Federal Government. Nothing in this title or the amendments made by this title shall be construed— to limit or modify an existing information-sharing relationship; to prohibit a new information-sharing relationship; or to require a new information-sharing relationship between any non-Federal entity and the Federal Government.
Nothing in this title or the amendments made by this title shall be construed— to amend, repeal, or supersede any current or future contractual agreement, terms of service agreement, or other contractual relationship between any non-Federal entities, or between any non-Federal entity and a Federal entity; or to abrogate trade secret or intellectual property rights of any non-Federal entity or Federal entity. Nothing in this title or the amendments made by this title shall be construed to permit the Federal Government— to require a non-Federal entity to provide information to the Federal Government; to condition the sharing of a cyber threat indicator with a non-Federal entity on such non-Federal entity’s provision of a cyber threat indicator to the Federal Government; or to condition the award of any Federal grant, contract, or purchase on the provision of a cyber threat indicator to a Federal entity.
Nothing in this title or the amendments made by this title shall be construed to subject any non-Federal entity to liability for choosing not to engage in a voluntary activity authorized in this title and the amendments made by this title. Nothing in this title or the amendments made by this title 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 title or the amendments made by this title for any use other than permitted in this title or the amendments made by this title.
This title and the amendments made by this title supersede any statute or other provision of law of a State or political subdivision of a State that restricts or otherwise expressly regulates an activity authorized under this title or the amendments made by this title. Nothing in this title or the amendments made by this title shall be construed to supersede any statute or other provision of law of a State or political subdivision of a State concerning the use of authorized law enforcement practices and procedures.
Except as provided by section 103(d)(4)(B), nothing in this title or the amendments made by this title shall be construed to supersede any statute, regulation, or other provision of law of a State or political subdivision of a State relating to the regulation of a private entity performing utility services, except to the extent such statute, regulation, or other provision of law restricts activity authorized under this title or the amendments made by this title. Nothing in this title or the amendments made by this title shall be construed— to authorize the promulgation of any regulations not specifically authorized by this title or the amendments made by this title; to establish any regulatory authority not specifically established under this title or the amendments made by this title; or to authorize regulatory actions that would duplicate or conflict with regulatory requirements, mandatory standards, or related processes under another provision of Federal law.