Sec. 8. Construction and preemption
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/bill/114/s/754/pcs/section-8A 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; or to limit or prohibit otherwise lawful use of such disclosures by any Federal entity, even when such otherwise lawful disclosures duplicate or replicate disclosures made under this Act. Nothing in this Act 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), section 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 ) (governing disclosure by employees of elements of the intelligence community), or any similar provision of Federal or State law.
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 affect 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 classified information and 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; or to require the use of the capability and process within the Department of Homeland Security developed under section 5(c).
Nothing in this Act shall be construed— 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 a Federal entity; or to abrogate trade secret or intellectual property rights of any entity or Federal entity. Nothing in this Act shall be construed to permit the Federal Government— to require an entity to provide information to the Federal Government; to condition the sharing of cyber threat indicators with an entity on such entity’s provision of cyber threat indicators 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 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 provision of 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 provision of 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 or limit any regulatory authority not specifically established or limited under this Act; or to authorize regulatory actions that would duplicate or conflict with regulatory requirements, mandatory standards, or related processes under another provision of Federal law.
Nothing in this Act shall be construed to limit the authority of the Secretary of Defense to develop, prepare, coordinate, or, when authorized by the President to do so, conduct a military cyber operation in response to a malicious cyber activity carried out against the United States or a United States person by a foreign government or an organization sponsored by a foreign government or a terrorist organization.
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Sec. 8
Construction and preemption
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