Sec. 7143. CISA technical corrections and improvements

4,028 words·~18 min read·/bill/117/hr/7776/eah/section-7143·

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

Section 904(b)(1) of the DOTGOV Act of 2020 (title IX of division U of Public Law 116–260 ) is amended, in the matter preceding subparagraph (A), by striking Homeland Security Act and inserting Homeland Security Act of 2002 . The amendment made by paragraph

(1)shall take effect as if enacted as part of the DOTGOV Act of 2020 (title IX of division U of Public Law 116–260 ). Title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended by inserting before the subtitle A heading the following: Except as otherwise specifically provided, in this title: The term Agency means the Cybersecurity and Infrastructure Security Agency. The term appropriate congressional committees means— the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on Homeland Security of the House of Representatives. The term cloud service provider means an entity offering products or services related to cloud computing, as defined by the National Institute of Standards and Technology in NIST Special Publication 800–145 and any amendatory or superseding document relating thereto. The term critical infrastructure information means information not customarily in the public domain and related to the security of critical infrastructure or protected systems— actual, potential, or threatened interference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or other similar conduct (including the misuse of or unauthorized access to all types of communications and data transmission systems) that violates Federal, State, or local law, harms interstate commerce of the United States, or threatens public health or safety; the ability of any critical infrastructure or protected system to resist such interference, compromise, or incapacitation, including any planned or past assessment, projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing, risk evaluation thereto, risk management planning, or risk audit; or any planned or past operational problem or solution regarding critical infrastructure or protected systems, including repair, recovery, reconstruction, insurance, or continuity, to the extent it is related to such interference, compromise, or incapacitation. The term cyber threat indicator means information that is necessary to describe or identify— malicious reconnaissance, including anomalous patterns of communications that appear to be transmitted for the purpose of gathering technical information related to a cybersecurity threat or security vulnerability; a method of defeating a security control or exploitation of a security vulnerability; a security vulnerability, including anomalous activity that appears to indicate the existence of a security vulnerability; a method of causing a user with legitimate access to an information system or information that is stored on, processed by, or transiting an information system to unwittingly enable the defeat of a security control or exploitation of a security vulnerability; malicious cyber command and control; the actual or potential harm caused by an incident, including a description of the information exfiltrated as a result of a particular cybersecurity threat; any other attribute of a cybersecurity threat, if disclosure of such attribute is not otherwise prohibited by law; or any combination thereof. The term cybersecurity purpose means the purpose of protecting an information system or information that is stored on, processed by, or transiting an information system from a cybersecurity threat or security vulnerability. The term cybersecurity risk — means threats to and vulnerabilities of information or information systems and any related consequences caused by or resulting from unauthorized access, use, disclosure, degradation, disruption, modification, or destruction of such information or information systems, including such related consequences caused by an act of terrorism; and does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement. Except as provided in subparagraph (B), the term cybersecurity threat means an action, not protected by the First Amendment to the Constitution of the United States, on or through an information system that may result in an unauthorized effort to adversely impact the security, availability, confidentiality, or integrity of an information system or information that is stored on, processed by, or transiting an information system. The term cybersecurity threat does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement. Except as provided in subparagraph (B), the term defensive measure means an action, device, procedure, signature, technique, or other measure applied to an information system or information that is stored on, processed by, or transiting an information system that detects, prevents, or mitigates a known or suspected cybersecurity threat or security vulnerability. The term defensive measure does not include a measure that destroys, renders unusable, provides unauthorized access to, or substantially harms an information system or information stored on, processed by, or transiting such information system not owned by— the private entity, as defined in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ), operating the measure; or another entity or Federal entity that is authorized to provide consent and has provided consent to that private entity for operation of such measure. The term Director means the Director of the Cybersecurity and Infrastructure Security Agency. The term Homeland Security Enterprise means relevant governmental and nongovernmental entities involved in homeland security, including Federal, State, local, and Tribal government officials, private sector representatives, academics, and other policy experts. The term incident means an occurrence that actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system, or actually or imminently jeopardizes, without lawful authority, an information system. The term Information Sharing and Analysis Organization means any formal or informal entity or collaboration created or employed by public or private sector organizations, for purposes of— gathering and analyzing critical infrastructure information, including information related to cybersecurity risks and incidents, in order to better understand security problems and interdependencies related to critical infrastructure, including cybersecurity risks and incidents, and protected systems, so as to ensure the availability, integrity, and reliability thereof; communicating or disclosing critical infrastructure information, including cybersecurity risks and incidents, to help prevent, detect, mitigate, or recover from the effects of an interference, a compromise, or an incapacitation problem related to critical infrastructure, including cybersecurity risks and incidents, or protected systems; and voluntarily disseminating critical infrastructure information, including cybersecurity risks and incidents, to its members, State, local, and Federal Governments, or any other entities that may be of assistance in carrying out the purposes specified in subparagraphs

(A)and (B). The term information system — has the meaning given the term in section 3502 of title 44, United States Code; and includes industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers. The term intelligence community has the meaning given the term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). The term malicious cyber command and control means a method for unauthorized remote identification of, access to, or use of, an information system or information that is stored on, processed by, or transiting an information system. The term malicious reconnaissance a method for actively probing or passively monitoring an information system for the purpose of discerning security vulnerabilities of the information system, if such method is associated with a known or suspected cybersecurity threat. The term managed service provider means an entity that delivers services, such as network, application, infrastructure, or security services, via ongoing and regular support and active administration on the premises of a customer, in the data center of the entity (such as hosting), or in a third party data center. The term monitor means to acquire, identify, or scan, or to possess, information that is stored on, processed by, or transiting an information system. The term national cybersecurity asset response activities means— furnishing cybersecurity technical assistance to entities affected by cybersecurity risks to protect assets, mitigate vulnerabilities, and reduce impacts of cyber incidents; identifying other entities that may be at risk of an incident and assessing risk to the same or similar vulnerabilities; assessing potential cybersecurity risks to a sector or region, including potential cascading effects, and developing courses of action to mitigate such risks; facilitating information sharing and operational coordination with threat response; and providing guidance on how best to utilize Federal resources and capabilities in a timely, effective manner to speed recovery from cybersecurity risks. The term national security system has the meaning given the term in section 11103 of title 40, United States Code. The term ransomware attack — means an incident that includes the use or threat of use of unauthorized or malicious code on an information system, or the use or threat of use of another digital mechanism such as a denial of service attack, to interrupt or disrupt the operations of an information system or compromise the confidentiality, availability, or integrity of electronic data stored on, processed by, or transiting an information system to extort a demand for a ransom payment; and does not include any such event in which the demand for payment is— not genuine; or made in good faith by an entity in response to a specific request by the owner or operator of the information system. The term Sector Risk Management Agency means a Federal department or agency, designated by law or Presidential directive, with responsibility for providing institutional knowledge and specialized expertise of a sector, as well as leading, facilitating, or supporting programs and associated activities of its designated critical infrastructure sector in the all hazards environment in coordination with the Department. The term security control means the management, operational, and technical controls used to protect against an unauthorized effort to adversely affect the confidentiality, integrity, and availability of an information system or its information. The term security vulnerability means any attribute of hardware, software, process, or procedure that could enable or facilitate the defeat of a security control. The term sharing (including all conjugations thereof) means providing, receiving, and disseminating (including all conjugations of each such terms). The term SLTT entity means a domestic government entity that is a State government, local government, Tribal government, territorial government, or any subdivision thereof. The term supply chain compromise means an incident within the supply chain of an information system that an adversary can leverage, or does leverage, to jeopardize the confidentiality, integrity, or availability of the information system or the information the system processes, stores, or transmits, and can occur at any point during the life cycle. . The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended— in section 320(d)(3)(C) ( 6 U.S.C. 195f(d)(3)(C) ), by striking section 2201 and inserting section 2200 ; by amending section 2201 ( 6 U.S.C. 651 ) to read as follows: In this subtitle, the term Cybersecurity Advisory Committee means the advisory committee established under section 2219(a). ; in section 2202 ( 6 U.S.C. 652 )— in subsection (a)(1), by striking (in this subtitle referred to as the Agency) ; in subsection (b)(1), by striking a Director of Cybersecurity and Infrastructure Security (in this subtitle referred to as the and inserting Director ) the Director ; and in subsection (f)— in paragraph (1), by inserting Executive before Assistant Director ; in paragraph (2), by inserting Executive before Assistant Director ; and in paragraph (3), by inserting Executive before Assistant Director ; in section 2209 ( 6 U.S.C. 659 )— by striking subsection

(a)and inserting the following: The term cybersecurity vulnerability has the meaning given the term security vulnerability in section 2200. ; in subsection (b), by inserting Executive before Assistant Director for Cybersecurity ; in subsection (d)(1)— in subparagraph (A)(iii), by striking , as that term is defined under section 3(4) of the National Security Act of 1947 ( ; and 50 U.S.C. 3003(4) ) in subparagraph (B)(ii), by striking information sharing and analysis organizations and inserting Information Sharing and Analysis Organizations ; in subsection (e)(1)(E)(ii)(II), by striking information sharing and analysis organizations and inserting Information Sharing and Analysis Organizations ; in the second subsection (p), by striking

(p)and inserting Coordination on cybersecurity for SLTT entities .—

(r); and Coordination on cybersecurity for SLTT entities .— in the second subsection (q), by striking

(q)and inserting Report .—

(s); Report .— in section 2210 ( 6 U.S.C. 660 )— in subsection (a), by striking section— and all that follows and inserting section, the term ; agency information system means an information system used or operated by an agency or by another entity on behalf of an agency. in subsection (c)— by striking information sharing and analysis organizations (as defined in section 2222(5)) and inserting Information Sharing and Analysis Organizations ; and by striking (as defined in section 2209) ; and in subsection (e)— in paragraph (1)(B), by striking (as such term is defined in section 2209) ; and in paragraph (3)(C), by striking (as such term is defined in section 102 of the Cybersecurity Information Sharing Act of 2015 ( ; 6 U.S.C. 1501 )) in section 2211 ( 6 U.S.C. 661 ), by striking subsection (h); in section 2212 ( 6 U.S.C. 662 ), by striking information sharing and analysis organizations (as defined in section 2222(5)) and inserting Information Sharing and Analysis Organizations ; in section 2213(a) ( 6 U.S.C. 663(a) ), by striking paragraph (4); and in section 2216 ( 6 U.S.C. 665b )— in subsection (d)(2), by striking information sharing and analysis organizations and inserting Information Sharing and Analysis Organizations ; and in subsection (f), by striking section: and all that follows and inserting section, the term ; cyber defense operation means the defensive activities performed for a cybersecurity purpose. in section 2218(c)(4)(A) ( 6 U.S.C. 665d(4)(A) ), by striking information sharing and analysis organizations and inserting Information Sharing and Analysis Organizations ; in section 2220A ( 6 U.S.C. 665g )— in subsection (a)— by striking paragraphs (1), (2), (5), (6), and (7); and by redesignating paragraphs (3), (4), (8), (9), (10), (11), and

(12)as paragraphs

(1)through (7), respectively; in subsection (e)(2)(B)(xiv)(II)(aa), by striking information sharing and analysis organization and inserting Information Sharing and Analysis Organization ; in subsection (p), by striking appropriate committees of Congress and inserting appropriate congressional committees ; and in subsection (q)(4), in the matter preceding clause (i), by striking appropriate committees of Congress and inserting appropriate congressional committees ; in section 2220C ( 6 U.S.C. 665i ), by striking subsection

(f)and inserting the following: In this section, the term industrial control system means an information system used to monitor and/or control industrial processes such as manufacturing, product handling, production, and distribution, including supervisory control and data acquisition (SCADA) systems used to monitor and/or control geographically dispersed assets, distributed control systems (DCSs), Human-Machine Interfaces (HMIs), and programmable logic controllers that control localized processes. ; in section 2222 ( 6 U.S.C. 671 )— by striking paragraph

(3)and inserting the following: The term critical infrastructure information has the meaning given the term in section 2200. ; by striking paragraphs

(5)and (8); and by redesignating paragraphs

(6)and

(7)as paragraphs

(5)and (6), respectively; and in section 2240 ( 6 U.S.C. 681 )— by striking paragraph (2); by redesignating paragraphs

(3)through

(7)as paragraphs

(2)through (6); in paragraph (6), as so redesignated, by striking section 2201 and inserting section 2200 ; by striking paragraph (8), and inserting the following: The term Federal entity has the meaning given the term in section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ). ; by striking paragraphs

(9)through (12), (14), (15), and (17); and by redesignating paragraphs (13), (16), (18), and

(19)as paragraphs (8), (9), (10), and (11), respectively. The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended— by inserting before the item relating to subtitle A of title XXII the following: Sec. 2200. Definitions. ; by striking the item relating to section 2201 and insert the following: Sec. 2201. Definition. ; and by moving the item relating to section 2220D to appear after the item relating to section 2220C. Section 102 of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 ) is amended— by striking paragraphs

(4)through

(7)and inserting the following: The term cybersecurity purpose has the meaning given the term in section 2200 of the Homeland Security Act of 2002. The term cybersecurity threat has the meaning given the term in section 2200 of the Homeland Security Act of 2002. The term cyber threat indicator has the meaning given the term in section 2200 of the Homeland Security Act of 2002. The term defensive measure has the meaning given the term in section 2200 of the Homeland Security Act of 2002. ; by striking paragraph

(9)and inserting the following: The term information system has the meaning given the term in section 2200 of the Homeland Security Act of 2002. . by striking paragraphs (11), (12), and

(13)and inserting the following: The term malicious cyber command and control has the meaning given the term in section 2200 of the Homeland Security Act of 2002. The term malicious reconnaissance has the meaning given the term in section 2200 of the Homeland Security Act of 2002. The term monitor has the meaning given the term in section 2200 of the Homeland Security Act of 2002. ; and by striking paragraphs

(16)and

(17)and inserting the following: The term security control has the meaning given the term in section 2200 of the Homeland Security Act of 2002. The term security vulnerability has the meaning given the term in section 2200 of the Homeland Security Act of 2002. . The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended— in section 523 ( 6 U.S.C. 3211 )— in subsection (a), in the matter preceding paragraph (1), by striking Director of Cybersecurity and Infrastructure Security and inserting Director of the Cybersecurity and Infrastructure Security Agency ; and in subsection (c), by striking Director of Cybersecurity and Infrastructure Security and inserting Director of the Cybersecurity and Infrastructure Security Agency ; in section 884(d)(4)(A)(ii) ( 6 U.S.C. 464(d)(4)(A)(ii) ), by striking Director of Cybersecurity and Infrastructure Security and inserting Director of the Cybersecurity and Infrastructure Security Agency ; in section 1801(b) ( 6 U.S.C. 571(b) ), in the second and third sentences, by striking Director of Cybersecurity and Infrastructure Security and inserting Director of the Cybersecurity and Infrastructure Security Agency ; in section 2104(c)(2) ( 6 U.S.C. 624(c)(2) ), by striking Director of Cybersecurity and Infrastructure Security and inserting Director of the Cybersecurity and Infrastructure Security Agency ; in section 2202 ( 6 U.S.C. 652 )— in subsection (b)(3), by striking Director of Cybersecurity and Infrastructure Security of the Department and inserting Director of the Cybersecurity and Infrastructure Security Agency ; and in subsection (d), in the matter preceding paragraph (1), by striking Director of Cybersecurity and Infrastructure Security and inserting Director of the Cybersecurity and Infrastructure Security Agency ; in section 2205, in the matter preceding paragraph (1), by striking Director of Cybersecurity and Infrastructure Security and inserting Director of the Cybersecurity and Infrastructure Security Agency ; in section 2206, by striking Director of Cybersecurity and Infrastructure Security and inserting Director of the Cybersecurity and Infrastructure Security Agency ; and in section 2210(c), by striking Director of Cybersecurity and Infrastructure Security and inserting Director of the Cybersecurity and Infrastructure Security Agency . The Federal Cybersecurity Enhancement Act of 2015 ( 6 U.S.C. 1521 et seq. ) is amended— in section 222(4) ( 6 U.S.C. 1521(4) ), by striking section 2209 and inserting section 2200 ; and in section 226(a)(2) ( 6 U.S.C. 1524(a)(2) ), by striking section 102 and inserting section 2200 of the Homeland Security Act of 2002 . Section 219A(a)(1) of the Federal Power Act ( 16 U.S.C. 824s–1(a)(1) ) is amended by striking section 102 of the Cybersecurity Act of 2015 ( and inserting 6 U.S.C. 1501 ) section 2200 of the Homeland Security Act of 2002 . Section 40124(a)(1) of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18723(a)(1) ) is amended by striking section 102 of the Cybersecurity Act of 2015 ( and inserting 6 U.S.C. 1051 ) section 2200 of the Homeland Security Act of 2002) . Section 2811(b)(4)(D) of the Public Health Service Act ( 42 U.S.C. 300hh–10(b)(4)(D) ) is amended by striking section 228(c) of the Homeland Security Act of 2002 ( and inserting 6 U.S.C. 149(c) ) section 2210(b) of the Homeland Security Act of 2002 ( . 6 U.S.C. 660(b) ) Section 9002 of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 6 U.S.C. 652a ) is amended— in subsection (a)— by striking paragraph (5); by redesignating paragraphs

(6)and

(7)as paragraphs

(5)and (6), respectively; and by amending paragraph

(7)to read as follows: The term Sector Risk Management Agency has the meaning given the term in section 2200 of the Homeland Security Act of 2002. ; in subsection (c)(3)(B), by striking given such term in section 2201(5) ( and inserting 6 U.S.C. 651(5) ) given such term in section 2200 ; and in subsection (d), by striking section 2215 of the Homeland Security Act of 2002, as added by this section and inserting section 2218 of the Homeland Security Act of 2002 ( . 6 U.S.C. 665d ) Section 113B(b)(4) of the National Security Act of 1947 ( 50 U.S.C. 3049a(b)(4) ) is amended by striking section 226 of the Homeland Security Act of 2002 ( and inserting 6 U.S.C. 147 ) section 2208 of the Homeland Security Act of 2002 ( . 6 U.S.C. 658 ) Section 6503(a)(3) of the National Defense Authorization Act for Fiscal Year 2020 ( 50 U.S.C. 3371a(a)(3) ) is amended by striking section 102 of the Cybersecurity Information Sharing Act of 2015 ( and inserting 6 U.S.C. 1501 ) section 2200 of the Homeland Security Act of 2002 . Section 3(8) of the IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g-3a(8)) is amended by striking section 102(17) of the Cybersecurity Information Sharing Act of 2015 ( and inserting 6 U.S.C. 1501(17) ) section 2200 of the Homeland Security Act of 2002 . Section 21(a)(8)(B) of the Small Business Act ( 15 U.S.C. 648(a)(8)(B) ) is amended by striking section 2209(a) and inserting section 2200 . Section 70101(2) of title 46, United States Code, is amended by striking section 227 of the Homeland Security Act of 2002 ( and inserting 6 U.S.C. 148 ) section 2200 of the Homeland Security Act of 2002 . The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended— in section 2243( 6 U.S.C. 681c ), by striking subsection

(c)and inserting the following: Section 2245 shall apply in the same manner and to the same extent to reports and information submitted under subsections

(a)and

(b)as it applies to reports and information submitted under section 2242. ; and in section 2244(b)(2) ( 6 U.S.C. 681d(b)(2) ), by inserting including that section 2245 shall apply to such information in the same manner and to the same extent to information submitted in response to requests under paragraph

(1)as it applies to information submitted under section 2242 after section 2242 . Nothing in the amendments made by subsections

(a)through

(d)shall be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in section 3502 of title 44, United States Code) or officer or employee of the United States on or before the date of enactment of this Act. Any reference to a term defined in the Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) on the day before the date of enactment of this Act that is defined in section 2200 of that Act pursuant to the amendments made under this Act shall be deemed to be a reference to that term as defined in section 2200 of the Homeland Security Act of 2002, as added by this Act.

Connectionstraces to 31

Traces to 31 documents

public-private-law