Sec. 312. Assistance for nationally significant critical infrastructure
773 words·~4 min read·
/bill/114/hr/6480/rds/section-312A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term covered critical infrastructure means the critical infrastructure identified pursuant to section 9(a) of Executive Order No. 13636 of February 12, 2013 (78 Fed. Reg. 11742; related to improving critical infrastructure cybersecurity). The term covered cyber asset means an information system or industrial control system that is essential to the operation of covered critical infrastructure. Except as otherwise specifically provided, the term program means the program required by subsection (b).
The term sector-specific agency has the meaning given that term in Presidential Policy Directive-21, issued February 12, 2013 (related to critical infrastructure security and resilience), or any successor. The term voluntary participant means an entity eligible to participate in the program under subsection
(b)that has voluntarily elected to participate in the program. Not later than 180 days after the date of the enactment of this Act, the Under Secretary appointed pursuant to section 103(a)(1)(H) of the Homeland Security Act of 2002 ( 6 U.S.C. 113(a)(1)(H) ), in consultation with appropriate covered critical infrastructure and sector-specific agencies, shall carry out a program to provide assistance to covered critical infrastructure consistent with subsection (f). The objective of the program shall be to reduce the risk of regional or national catastrophic harm caused by a cyber attack against covered critical infrastructure. Participation in the program by covered critical infrastructure shall be on a voluntary basis. The Under Secretary for Intelligence and Analysis of the Department of Homeland Security shall coordinate and lead the provision of assistance from appropriate elements of the intelligence community to the Under Secretary appointed pursuant to section 103(a)(1)(H) of the Homeland Security Act of 2002 ( 6 U.S.C. 113(a)(1)(H) ) to assist the national cybersecurity and communications integration center established under section 227 of the Homeland Security Act of 2002 ( 6 U.S.C. 148 ) to fulfill the requirements of this section. In the manner required by paragraph
(1)and subject to the approval of the Under Secretary for Intelligence and Analysis of the Department of Homeland Security, such assistance may include: Activities to develop a national strategy to effectively leverage intelligence community resources made available to support the program. Activities to consult with the Director of National Intelligence and other appropriate intelligence and law enforcement agencies to identify within the existing framework governing intelligence prioritization, intelligence gaps and foreign intelligence collection requirements relevant to the security of covered cyber assets and covered critical infrastructure. Activities to improve the detection, prevention, and mitigation of espionage conducted by foreign actors against or concerning covered critical infrastructure. Activities to identify or provide assistance related to the research, design, and development of protective and mitigation measures for covered cyber assets and the components of covered cyber assets. Activities to provide technical assistance and input for testing and exercises related to covered cyber assets. This section shall be carried out in a manner consistent with the existing roles, responsibilities, authorities, and activities of the United States Government. A voluntary participant in the program that is covered critical infrastructure shall not be required to reimburse the United States Government for the use of any facility, personnel, contractor, equipment, service, or information of the United States Government utilized in an activity carried out pursuant to the program. The Director of National Intelligence shall consider the national significance of covered critical infrastructure identified by the Under Secretary appointed pursuant to section 103(a)(1)(H) of the Homeland Security Act of 2002 ( 6 U.S.C. 113(a)(1)(H) ) in the Director’s process for prioritizing requirements and effectively allocating the resources of the intelligence community for assisting government efforts to help protect critical infrastructure owned or operated in the private sector. Participation in the program by any private entity shall be subject to the approval of the Under Secretary appointed pursuant to section 103(a)(1)(H) of the Homeland Security Act of 2002 ( 6 U.S.C. 113(a)(1)(H) ), and in the case of any support assistance provided by the intelligence community, the approval of the Director of National Intelligence. Nothing in this section may be construed to authorize the Director of National Intelligence, the Secretary of Homeland Security, or any other Federal regulator to promulgate new regulations. Not less frequently than once each year, the Under Secretary for Intelligence and Analysis shall brief the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and Committee on Homeland Security of the House of Representatives on progress and challenges of the program. Nothing in this section may be construed to limit any authority or responsibility of an agency or department of the United States under any law in effect on the date of the enactment of this Act.
Connectionstraces to 2
Traces to 2 documents
U.S. Code
2 references not yet in our index
- 78 FR 11742
- 6 USC 148
Citation graph
cites case law
Sec. 312
Assistance for nationally significant critical infrastructure
Fed. Reg.78 FR 11742
Cite6 USC 148
Cites 4Cited by 0 across 0 sources