Sec. 3. Consolidation of definitions
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Title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 ) is amended— by striking section 2201; and 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 agency information means information collected or maintained by or on behalf of an agency. The term agency information system means an information system used or operated by an agency or by another entity on behalf of an 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 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 entity 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 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 a interference, compromise, or a 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. 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 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 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 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, recieving, and disseminating (including all conjugations of each such terms). . The Homeland Security Act of 2002 ( 6 U.S.C. 101 et seq. ) is amended— in section 2201, as so redesignated— in subsection (a)(1), by striking (in this subtitle referred to as the Agency) ; in subsection (f)— in paragraph (1), by inserting Executive before Assistant Director ; and in paragraph (2), by inserting Executive before Assistant Director ; in section 2202(a)(2), as so redesignated, by striking as the and inserting Assistant Director as the ; Executive Assistant Director in section 2203(a)(2), as so redesignated, by striking as the and inserting Assistant Director as the ; Executive Assistant Director in section 2208, as so redesignated— by striking subsection (a); by redesignating subsections
(b)through subsection
(o)as subsections
(a)through (n), respectively; in subsection (c)(1)(A)(iii), as so redesignated, by striking , as that term is defined under section 3(4) of the National Security Act of 1947 ( ; 50 U.S.C. 3003(4) ) in subsection (d), as so redesignated, in the matter preceding paragraph (1), by striking subsection
(c)and inserting subsection
(b); in subsection (j), as so redesignated, by striking subsection (c)(8) and inserting subsection (b)(8) ; and in subsection (n), as so redesignated— in paragraph (2)(A), by striking subsection (c)(12) and inserting subsection (b)(12) ; and in paragraph (3)(B)(i), by striking subsection (c)(12) and inserting subsection (b)(12) ; in section 2209, as so redesignated— by striking subsection (a); by redesignating subsections
(b)through
(d)as subsections
(a)through (c), respectively; in subsection (b), as so redesignated— 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 (c), as so redesignated, by striking subsection
(c)and inserting subsection
(b); in section 2210, as so redesignated, by striking subsection (h); in section 2211, as so redesignated, by striking information sharing and analysis organizations (as defined in section 2222(5)) and inserting Information Sharing and Analysis Organizations ; in section 2212, as so redesignated— by striking subsection (a); by redesignating subsections
(b)through
(f)as subsections
(a)through (e); respectively; in subsection (b), as so redesignated, by striking subsection
(b)each place it appears and inserting subsection
(a); in subsection (c), as so redesignated, in the matter preceding paragraph (1), by striking subsection
(b)and inserting subsection
(a); and in subsection (d), as so redesignated— in paragraph (1)— in the matter preceding subparagraph (A), by striking subsection (c)(2) and inserting subsection (b)(2) ; in subparagraph (A), by striking subsection (c)(1) and inserting subsection (b)(1) ; and in subparagraph (B), by striking subsection (c)(2) and inserting subsection (b)(2) ; and in paragraph (2), by striking subsection (c)(2) and inserting subsection (b)(2) ; in section 2215 ( 6 U.S.C. 665b )— by striking subsection (a); by redesignating subsections
(b)through
(h)as subsections
(a)through (g), respectively; in subsection (a), as so redesignated— in the matter preceding paragraph (1), by striking subsection
(e)and inserting subsection
(d); in paragraph (1), by striking subsection
(c)and inserting subsection
(b); and in paragraph (2), by striking subsection
(c)and inserting subsection
(b); in subsection (b)(4), as so redesignated— by striking subsection
(e)and inserting subsection
(d); and by striking subsection
(h)and inserting subsection
(g); in subsection (d), as so redesignated, by striking subsection (b)(1) each place it appears and inserting subsection (a)(1) ; in subsection (e), as so redesignated— by striking subsection
(b)and inserting subsection
(a); by striking subsection
(e)and inserting subsection
(d); and by striking subsection (b)(1) and inserting subsection (a)(1) ; and in subsection (f), as so redesignated, by striking subsection
(c)and inserting subsection
(b); in section 2216, as so redesignated, by striking subsection
(f)and inserting the following: In this section, the term cyber defense operation means the use of a defensive measure. ; and in section 2222— by striking paragraphs (3), (5), and (8); by redesignating paragraph
(4)as paragraph (3); and by redesignating paragraphs
(6)and
(7)as paragraphs
(4)and (5), respectively. Section 102 of the Cybersecurity 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
(13)and inserting the following: The term monitor has the meaning given the term in section 2200 of the Homeland Security Act of 2002. ; and by striking paragraph
(17)and inserting the following: The term security vulnerability has the meaning given the term in section 2200 of the Homeland Security Act of 2002. .
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