Definitions
In this 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.
Intrusion assessment plan
Requirement
Exception
The intrusion assessment plan required under paragraph (1) shall not apply to the Department of Defense, a national security system, or an element of the intelligence community.
Cyber incident response plan
The Director of the Cybersecurity and Infrastructure Security Agency shall, in coordination with appropriate Federal departments and agencies, State and local governments, sector coordinating councils, Information Sharing and Analysis Organizations, owners and operators of critical infrastructure, and other appropriate entities and individuals, develop, update not less often than biennially, maintain, and exercise adaptable cyber incident response plans to address cybersecurity risks to critical infrastructure. The Director, in consultation with relevant Sector Risk Management Agencies and the National Cyber Director, shall develop mechanisms to engage with stakeholders to educate such stakeholders regarding Federal Government cybersecurity roles and responsibilities for cyber incident response.
National Response Framework
The Secretary, in coordination with the heads of other appropriate Federal departments and agencies, and in accordance with the National Cybersecurity Incident Response Plan required under subsection (c), shall regularly update, maintain, and exercise the Cyber Incident Annex to the National Response Framework of the Department.
Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments
In general
Requirement
Not later than one year after , the Secretary, acting through the Director, shall, in coordination with the heads of appropriate Federal agencies, State, local, Tribal, and territorial governments, and other stakeholders, as appropriate, develop and make publicly available a Homeland Security Strategy to Improve the Cybersecurity of State, Local, Tribal, and Territorial Governments.
Recommendations and requirements
The strategy required under subparagraph (A) shall provide recommendations relating to the ways in which the Federal Government should support and promote the ability of State, local, Tribal, and territorial governments to identify, mitigate against, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, and incidents.
Contents
Considerations
Exemption
Chapter 35 of title 44 (commonly known as the “Paperwork Reduction Act”) shall not apply to any action to implement this subsection.
Pub. L. 107–296, title XXII, § 2210Pub. L. 114–113, div. N, title II129 Stat. 2961Pub. L. 115–278, § 2(g)(2)(I)132 Stat. 4178Pub. L. 117–81, div. A, title XV135 Stat. 2057Pub. L. 117–263, div. G, title LXXI, § 7143(b)(2)(E)136 Stat. 3660(, formerly title II, § 228, as added and amended , §§ 205, 223(a)(2), (4), (5), , , 2963, 2964; renumbered title XXII, § 2210, and amended , (9)(A)(iv), , , 4181; , §§ 1545, 1546, , , 2059; , (c)(8), , , 3663.)
Editorial Notes
Codification
section 149 of this titlePub. L. 115–278Section was formerly classified to prior to renumbering by .
section 149 of this titlePub. L. 114–113, div. N, title II, § 223(a)(2)129 Stat. 2963Pub. L. 107–296, title II, § 227Pub. L. 113–282, § 7(a)128 Stat. 3070Former , which was transferred and redesignated as subsec. (c) of this section by , , , was based on , as added by , , .
Amendments
Pub. L. 117–263, § 7143(b)(2)(E)(i)2022—Subsec. (a). , substituted “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.” for “section—” and struck out pars. (1) to (4) which defined agency information system, cybersecurity risk, information system, intelligence community, and national security system.
Pub. L. 117–263, § 7143(c)(8)Subsec. (c). , substituted “Director of the Cybersecurity and Infrastructure Security Agency” for “Director of Cybersecurity and Infrastructure Security”.
Pub. L. 117–263, § 7143(b)(2)(E)(ii)section 671(5) of this titlesection 659 of this title, substituted “Information Sharing and Analysis Organizations” for “information sharing and analysis organizations (as defined in )” and struck out “(as defined in )” after “cybersecurity risks”.
Pub. L. 117–263, § 7143(b)(2)(E)(iii)(I)section 659 of this titlesection 659 of this titleSubsec. (e)(1)(B). , which directed striking out “(as such term is defined in )”, was executed by striking out “(as such term is defined in )” after “cybersecurity risks” and after “incidents”, to reflect the probable intent of Congress.
Pub. L. 117–263, § 7143(b)(2)(E)(iii)(II)section 1501 of this titleSubsec. (e)(3)(C). , struck out “(as such term is defined in )” after “information systems”.
Pub. L. 117–81, § 15462021—Subsec. (c). , substituted “update not less often than biennially” for “regularly update” and inserted “The Director, in consultation with relevant Sector Risk Management Agencies and the National Cyber Director, shall develop mechanisms to engage with stakeholders to educate such stakeholders regarding Federal Government cybersecurity roles and responsibilities for cyber incident response.” at end.
Pub. L. 117–81, § 1545Subsec. (e). , added subsec. (e).
Pub. L. 115–278, § 2(g)(9)(A)(iv)(I)section 659 of this titlesection 148 of this title2018—Subsec. (a)(2). , substituted “” for “”.
Pub. L. 115–278, § 2(g)(9)(A)(iv)section 113(a)(1)(H) of this titlesection 671(5) of this titlesection 131(5) of this titlesection 659 of this titlesection 148 of this titleSubsec. (c). , substituted “Director of Cybersecurity and Infrastructure Security” for “Under Secretary appointed under ”, “” for “”, and “” for “”.
Pub. L. 114–113, § 223(a)(5)section 148 of this title2015—Subsec. (c). , made technical amendment to reference in original act which appears in text as reference to .
Pub. L. 114–113, § 223(a)(2)section 149 of this title, transferred former to subsec. (c) of this section. See Codification note above.
Pub. L. 114–113, § 205Subsec. (d). , added subsec. (d).
Statutory Notes and Related Subsidiaries
Rules of Construction
Pub. L. 117–26344 U.S.C. 3502section 7143(f)(1) of Pub. L. 117–263section 650 of this titleNothing in amendment made by to be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in ) or officer or employee of the United States on or before , see , set out as a note under .
Pub. L. 113–282, § 7(c)128 Stat. 3072