Sec. 1641. Codification and addition of liability protections relating to reporting on cyber incidents or penetrations of networks and information systems of certain contractors
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/bill/114/hr/1735/rh/section-1641·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 941 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1889; 10 U.S.C. 2224 note) is transferred to chapter 19 of title 10, United States Code, inserted so as to appear after section 392, redesignated as section 393, and amended— by amending the section heading to read as follows: ; and by striking subsection
(d)and inserting the following new subsection (d): No cause of action shall lie or be maintained in any court against any cleared defense contractor, and such action shall be promptly dismissed, for compliance with this section that is conducted in accordance with the procedures established pursuant to subsection (a). Nothing in this section shall be construed— to require dismissal of a cause of action against a cleared defense contractor that has engaged in willful misconduct in the course of complying with the procedures established pursuant to subsection (a); or to undermine or limit the availability of otherwise applicable common law or statutory defenses. In any action claiming that paragraph
(1)does not apply due to willful misconduct described in subparagraph (A), the plaintiff shall have the burden of proving by clear and convincing evidence the willful misconduct by each cleared defense contractor subject to such claim and that such willful misconduct proximately caused injury to the plaintiff. In this subsection, the term willful misconduct means an act or omission that is taken— intentionally to achieve a wrongful purpose; knowingly without legal or factual justification; and in disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit. . Section 391 of title 10, United States Code, is amended— by redesignating subsection
(d)as subsection (e); and by inserting after subsection
(c)the following new subsection (d): No cause of action shall lie or be maintained in any court against any operationally critical contractor, and such action shall be promptly dismissed, for compliance with this section that is conducted in accordance with procedures established pursuant to subsection (b). Nothing in this section shall be construed— to require dismissal of a cause of action against an operationally critical contractor that has engaged in willful misconduct in the course of complying with the procedures established pursuant to subsection (b); or to undermine or limit the availability of otherwise applicable common law or statutory defenses. In any action claiming that paragraph
(1)does not apply due to willful misconduct described in subparagraph (A), the plaintiff shall have the burden of proving by clear and convincing evidence the willful misconduct by each operationally critical contractor subject to such claim and that such willful misconduct proximately caused injury to the plaintiff. In this subsection, the term willful misconduct means an act or omission that is taken— intentionally to achieve a wrongful purpose; knowingly without legal or factual justification; and in disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit. . Section 391 of title 10, United States Code, is amended in subsection
(a)by striking with section 941 of the National Defense Authorization Act for Fiscal Year 2013 ( and inserting 10 U.S.C. 2224 note) and section 393 of this title . The table of sections for chapter 19 of such title is amended— by amending the item relating to section 391 to read as follows: 391. Reporting on cyber incidents with respect to networks and information systems of operationally critical contractors and certain other contractors. ; and by inserting at the end the following new item: 393. Reporting on penetrations of networks and information systems of certain contractors. .
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- Pub. L. 112-239
- 126 Stat. 1889
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Sec. 1641
Codification and addition of liability protections relating to reporting on cyber incidents or penetrations of networks and information systems of certain contractors
Pub. L.Pub. L. 112-239
Stat.126 Stat. 1889
Cites 3Cited by 0 across 0 sources