6 U.S.C. § 673 | Protection of voluntarily shared critical infrastructure information

(a)

Protection

(1)

In general

Notwithstanding any other provision of law, critical infrastructure information (including the identity of the submitting person or entity) that is voluntarily submitted to a covered Federal agency for use by that agency regarding the security of critical infrastructure and protected systems, analysis, warning, interdependency study, recovery, reconstitution, or other informational purpose, when accompanied by an express statement specified in paragraph (2)—

(A)

section 552 of title 5 shall be exempt from disclosure under (commonly referred to as the Freedom of Information Act);

(B)

shall not be subject to any agency rules or judicial doctrine regarding ex parte communications with a decision making official;

(C)

shall not, without the written consent of the person or entity submitting such information, be used directly by such agency, any other Federal, State, or local authority, or any third party, in any civil action arising under Federal or State law if such information is submitted in good faith;

(D)

shall not, without the written consent of the person or entity submitting such information, be used or disclosed by any officer or employee of the United States for purposes other than the purposes of this part, except—

(i)

in furtherance of an investigation or the prosecution of a criminal act; or

(ii)

when disclosure of the information would be—

(I)

to either House of Congress, or to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee thereof or subcommittee of any such joint committee; or

(II)

1 So in original. The period probably should be a semicolon.

to the Comptroller General, or any authorized representative of the Comptroller General, in the course of the performance of the duties of the Government Accountability Office.

(E)

shall not, if provided to a State or local government or government agency—

(i)

be made available pursuant to any State or local law requiring disclosure of information or records;

(ii)

otherwise be disclosed or distributed to any party by said State or local government or government agency without the written consent of the person or entity submitting such information; or

(iii)

be used other than for the purpose of protecting critical infrastructure or protected systems, or in furtherance of an investigation or the prosecution of a criminal act; and

(F)

does not constitute a waiver of any applicable privilege or protection provided under law, such as trade secret protection.

(2)

Express statement

For purposes of paragraph (1), the term “express statement”, with respect to information or records, means—

(A)

in the case of written information or records, a written marking on the information or records substantially similar to the following: “This information is voluntarily submitted to the Federal Government in expectation of protection from disclosure as provided by the provisions of the Critical Infrastructure Information Act of 2002.”; or

(B)

in the case of oral information, a similar written statement submitted within a reasonable period following the oral communication.

(b)

Limitation

No communication of critical infrastructure information to a covered Federal agency made pursuant to this part shall be considered to be an action subject to the requirements of chapter 10 of title 5.

(c)

Independently obtained information

section 2302(b)(8) of title 5Nothing in this section shall be construed to limit or otherwise affect the ability of a State, local, or Federal Government entity, agency, or authority, or any third party, under applicable law, to obtain critical infrastructure information in a manner not covered by subsection (a), including any information lawfully and properly disclosed generally or broadly to the public and to use such information in any manner permitted by law. For purposes of this section a permissible use of independently obtained information includes the disclosure of such information under .

(d)

Treatment of voluntary submittal of information

The voluntary submittal to the Government of information or records that are protected from disclosure by this part shall not be construed to constitute compliance with any requirement to submit such information to a Federal agency under any other provision of law.

(e)

Procedures

(1)

In general

November 25, 2002The Secretary of the Department of Homeland Security shall, in consultation with appropriate representatives of the National Security Council and the Office of Science and Technology Policy, establish uniform procedures for the receipt, care, and storage by Federal agencies of critical infrastructure information that is voluntarily submitted to the Government. The procedures shall be established not later than 90 days after .

(2)

Elements

The procedures established under paragraph (1) shall include mechanisms regarding—

(A)

the acknowledgement of receipt by Federal agencies of critical infrastructure information that is voluntarily submitted to the Government;

(B)

the maintenance of the identification of such information as voluntarily submitted to the Government for purposes of and subject to the provisions of this part;

(C)

the care and storage of such information; and

(D)

the protection and maintenance of the confidentiality of such information so as to permit the sharing of such information within the Federal Government and with State and local governments, and the issuance of notices and warnings related to the protection of critical infrastructure and protected systems, in such manner as to protect from public disclosure the identity of the submitting person or entity, or information that is proprietary, business sensitive, relates specifically to the submitting person or entity, and is otherwise not appropriately in the public domain.

(f)

Penalties

Whoever, being an officer or employee of the United States or of any department or agency thereof, knowingly publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law, any critical infrastructure information protected from disclosure by this part coming to him in the course of this employment or official duties or by reason of any examination or investigation made by, or return, report, or record made to or filed with, such department or agency or officer or employee thereof, shall be fined under title 18, imprisoned not more than 1 year, or both, and shall be removed from office or employment.

(g)

Authority to issue warnings

The Federal Government may provide advisories, alerts, and warnings to relevant companies, targeted sectors, other governmental entities, or the general public regarding potential threats to critical infrastructure as appropriate. In issuing a warning, the Federal Government shall take appropriate actions to protect from disclosure—

(1)

the source of any voluntarily submitted critical infrastructure information that forms the basis for the warning; or

(2)

information that is proprietary, business sensitive, relates specifically to the submitting person or entity, or is otherwise not appropriately in the public domain.

(h)

Authority to delegate

section 672 of this title section 4558 of title 50The President may delegate authority to a critical infrastructure protection program, designated under , to enter into a voluntary agreement to promote critical infrastructure security, including with any Information Sharing and Analysis Organization, or a plan of action as otherwise defined in .

Pub. L. 107–296, title XXII, § 2224Nov. 25, 2002116 Stat. 2152 Pub. L. 108–271, § 8(b)July 7, 2004118 Stat. 814 Pub. L. 112–199, title I, § 111Nov. 27, 2012126 Stat. 1472 Pub. L. 115–278, § 2(g)(2)(H)Nov. 16, 2018132 Stat. 4178 Pub. L. 117–286, § 4(a)(18)Dec. 27, 2022136 Stat. 4307(, formerly title II, § 214, , ; , , ; , , ; renumbered title XXII, § 2224, and amended , (9)(B)(ii), , , 4181; , , .)

Editorial Notes

References in Text

Pub. L. 107–296Nov. 25, 2002116 Stat. 2150 section 101 of this titleThe Critical Infrastructure Information Act of 2002, referred to in subsec. (a)(2)(A), is subtitle B (§ 2221 et seq.) of title XXII of , , , which is classified generally to this part. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

section 133 of this title Pub. L. 115–278Section was formerly classified to prior to renumbering by .

Amendments

Pub. L. 117–2862022—Subsec. (b). substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act.”

Pub. L. 115–278, § 2(g)(9)(B)(ii)section 672 of this title section 132 of this title2018—Subsec. (h). , substituted “” for “”.

Pub. L. 112–199 section 2302(b)(8) of title 52012—Subsec. (c). inserted at end “For purposes of this section a permissible use of independently obtained information includes the disclosure of such information under .”

Pub. L. 108–2712004—Subsec. (a)(1)(D)(ii)(II). substituted “Government Accountability Office” for “General Accounting Office”.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–199Nov. 27, 2012section 202 of Pub. L. 112–199 section 1204 of Title 5Amendment by effective 30 days after , see , set out as a note under , Government Organization and Employees.