“This Act may be cited as the ‘National Cybersecurity Preparedness Consortium Act of 2021’.
The Cybersecurity Act of 2015, referred to in subsec. (c)(3), is div. N of Pub. L. 114–113,
This chapter, referred to in subsecs. (c)(7) and (e)(1)(J), was in the original “this Act”, meaning Pub. L. 107–296,
2022—Pub. L. 117–263, § 7143(a)(1), made amendment identical to that made by Pub. L. 117–81, § 1547(b)(1)(B). See 2021 Amendment note below.
Subsec. (a)(1). Pub. L. 117–263, § 7143(b)(2)(C)(i), which directed striking out “(in this part referred to as the Agency)”, was executed by striking out “(in this part referred to as the ‘Agency’)” before period at end, to reflect the probable intent of Congress.
Subsec. (b)(1). Pub. L. 117–263, § 7143(b)(2)(C)(ii), substituted “the Director” for “a Director of Cybersecurity and Infrastructure Security (in this part referred to as the ‘Director’)”.
Subsec. (b)(3). Pub. L. 117–263, § 7143(c)(5)(A), substituted “Director of the Cybersecurity and Infrastructure Security Agency” for “Director of Cybersecurity and Infrastructure Security of the Department”.
Subsec. (d). Pub. L. 117–263, § 7143(c)(5)(B), substituted “Director of the Cybersecurity and Infrastructure Security Agency” for “Director of Cybersecurity and Infrastructure Security” in introductory provisions.
Subsec. (f). Pub. L. 117–263, § 7143(b)(2)(C)(iii), inserted “Executive” before “Assistant Director” in pars. (1) to (3).
2021—Pub. L. 117–81, § 1547(b)(1)(B), made technical amendment to directory language of Pub. L. 116–260, § 904(b)(1). See 2020 Amendment notes below.
Subsec. (b)(2), (3). Pub. L. 116–283, § 9001(a), added par. (2) and redesignated former par. (2) as (3).
Subsec. (c)(3). Pub. L. 117–81, § 1549(a), substituted “, including by carrying out a periodic strategic assessment of the related programs and activities of the Agency to ensure such programs and activities contemplate the innovation of information systems and changes in cybersecurity risks and cybersecurity threats;” for semicolon at end.
Subsec. (c)(10). Pub. L. 116–283, §§ 1717(a)(1)(A)(i), 1719(b)(1), which directed identical amendments of par. (10) by striking out “and” at end, could not be executed because the word “and” did not appear at end after amendment by Pub. L. 116–260, § 904(b)(1)(A)(i). See 2020 Amendment note below.
Subsec. (c)(11). Pub. L. 117–81, § 1547(b)(1)(A)(i)(I), struck out “and” after the semicolon.
Pub. L. 116–283, § 1719(b)(3), added par. (11) relating to providing education, training, and capacity development to Federal and non-Federal entities. Former par. (11), relating to appointment of a Cybersecurity State Coordinator, redesignated (12).
Pub. L. 116–283, § 1717(a)(1)(A)(iii), added par. (11) relating to appointment of a Cybersecurity State Coordinator. Former par. (11), relating to the .gov internet domain, redesignated (12).
Subsec. (c)(12). Pub. L. 117–81, § 1547(b)(1)(A)(i)(II), struck out “and” at end and made technical amendment to reference in original Act which appears in text as reference to section 665c of this title.
Pub. L. 116–283, § 1719(b)(2), redesignated par. (11) relating to appointment of a Cybersecurity State Coordinator as (12).
Pub. L. 116–283, § 1717(a)(1)(A)(ii), redesignated par. (11) relating to the .gov internet domain as (12).
Subsec. (c)(13). Pub. L. 117–81, § 1547(b)(1)(A)(i)(III), redesignated par. (12) relating to the .gov internet domain as (13).
Subsec. (c)(14). Pub. L. 117–81, § 1547(b)(1)(A)(i)(IV), redesignated par. (12) relating to carrying out such other duties and powers as (14).
Subsec. (e)(1)(R). Pub. L. 116–283, § 1719(a), added subpar. (R).
Subsec. (i). Pub. L. 116–283, § 9002(c)(2)(D), substituted “Sector Risk Management Agency” for “Sector-Specific Agency”.
2020—Subsec. (c)(10). Pub. L. 116–260, § 904(b)(1)(A)(i), as amended by Pub. L. 117–81, § 1547(b)(1)(B), struck out “and” at end.
Subsec. (c)(11), (12). Pub. L. 116–260, § 904(b)(1)(A)(ii), (iii), as amended by Pub. L. 117–81, § 1547(b)(1)(B), added par. (11) relating to the .gov internet domain and redesignated former par. (11) relating to carrying out such other duties and powers as (12).
Pub. L. 117–263, div. G, title LXXI, § 7143(a)(2),
Nothing in amendment made by Pub. L. 117–263 to be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in 44 U.S.C. 3502) or officer or employee of the United States on or before
Amendment by section 1717(a)(1)(A) of Pub. L. 116–283 not to be construed to affect or otherwise modify the authority of Federal law enforcement agencies with respect to investigations relating to cybersecurity incidents, see section 1717(a)(4) of Pub. L. 116–283, set out as a note under section 665c of this title.
Pub. L. 117–122, “This Act may be cited as the ‘National Cybersecurity Preparedness Consortium Act of 2021’.“SECTION 1. SHORT TITLE.“SEC. 2. NATIONAL CYBERSECURITY PREPAREDNESS CONSORTIUM.“(a) The Secretary may work with one or more consortia to support efforts to address cybersecurity risks and incidents.“(b) The Secretary may work with one or more consortia to carry out the Secretary’s responsibility pursuant to section 2202(e)(1)(P) of the Homeland Security Act of 2002 (6 U.S.C. 652(e)(1)(P)) to—“(1) provide training and education to State, Tribal, and local first responders and officials specifically for preparing for and responding to cybersecurity risks and incidents, in accordance with applicable law;“(2) develop and update a curriculum utilizing existing training and educational programs and models in accordance with section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659), for State, Tribal, and local first responders and officials, related to cybersecurity risks and incidents;“(3) provide technical assistance services, training, and educational programs to build and sustain capabilities in support of preparedness for and response to cybersecurity risks and incidents, including threats of acts of terrorism, in accordance with such section 2209;“(4) conduct cross-sector cybersecurity training, education, and simulation exercises for entities, including State and local governments and Tribal organizations, critical infrastructure owners and operators, and private industry, to encourage community-wide coordination in defending against and responding to cybersecurity risks and incidents, in accordance with section 2210(c) of the Homeland Security Act of 2002 (6 U.S.C. 660(c));“(5) help States, Tribal organizations, and communities develop cybersecurity information sharing programs, in accordance with section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659), for the dissemination of homeland security information related to cybersecurity risks and incidents;“(6) help incorporate cybersecurity risk and incident prevention and response into existing State, Tribal, and local emergency plans, including continuity of operations plans; and“(7) assist State governments and Tribal organizations in developing cybersecurity plans.“(c) In selecting a consortium with which to work under this Act, the Secretary shall take into consideration the following:“(1) Prior experience conducting cybersecurity training, education, and exercises for State and local entities.“(2) Geographic diversity of the members of any such consortium so as to maximize coverage of the different regions of the United States.“(3) The participation in such consortium of one or more historically Black colleges and universities, Hispanic-serving institutions, Tribal Colleges and Universities, other minority-serving institutions, and community colleges that participate in the National Centers of Excellence in Cybersecurity program, as carried out by the Department of Homeland Security.“(d) If the Secretary works with a consortium under subsection (a), the Secretary shall measure the effectiveness of the activities undertaken by the consortium under this Act.“(e) The Secretary shall conduct outreach to universities and colleges, including, in particular, outreach to historically Black colleges and universities, Hispanic-serving institutions, Tribal Colleges and Universities, other minority-serving institutions, and community colleges, regarding opportunities to support efforts to address cybersecurity risks and incidents, by working with the Secretary under subsection (a).“(f) Nothing in this section may be construed to authorize a consortium to control or direct any law enforcement agency in the exercise of the duties of the law enforcement agency.“(g) In this section—“(1) the term ‘community college’ has the meaning given the term ‘junior or community college’ in section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058);“(2) the term ‘consortium’ means a group primarily composed of nonprofit entities, including academic institutions, that develop, update, and deliver cybersecurity training and education in support of homeland security;“(3) the terms ‘cybersecurity risk’ and ‘incident’ have the meanings given those terms in section 2209(a) of the Homeland Security Act of 2002 (6 U.S.C. 659(a)) [see 6 U.S.C. 650(7), (12)];“(4) the term ‘Department’ means the Department of Homeland Security;“(5) the term ‘Hispanic-serving institution’ has the meaning given the term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a);“(6) the term ‘historically Black college and university’ has the meaning given the term ‘part B institution’ in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061);“(7) the term ‘minority-serving institution’ means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a));“(8) the term ‘Secretary’ means the Secretary of Homeland Security;“(9) The term ‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States;“(10) the term ‘Tribal Colleges and Universities’ has the meaning given the term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c); and“(11) the term ‘Tribal organization’ has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).”
Pub. L. 117–103, div. Y, § 105, “(a) Not later than 1 year after the date of enactment of this Act [“(b) The pilot program established under subsection (a) shall—“(1) identify the most common security vulnerabilities utilized in ransomware attacks and mitigation techniques; and“(2) utilize existing authorities to identify information systems that contain the security vulnerabilities identified in paragraph (1).“(c) “(1) If the Director is able to identify the entity at risk that owns or operates a vulnerable information system identified in subsection (b), the Director may notify the owner of the information system.“(2) If the Director is not able to identify the entity at risk that owns or operates a vulnerable information system identified in subsection (b), the Director may utilize the subpoena authority pursuant to section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) to identify and notify the entity at risk pursuant to the procedures under that section.“(3) A notification made under paragraph (1) shall include information on the identified security vulnerability and mitigation techniques.“(d) To the extent practicable, the Director shall prioritize covered entities for identification and notification activities under the pilot program established under this section.“(e) No procedure, notification, or other authorities utilized in the execution of the pilot program established under subsection (a) shall require an owner or operator of a vulnerable information system to take any action as a result of a notice of a security vulnerability made pursuant to subsection (c).“(f) Nothing in this section shall be construed to provide additional authorities to the Director to identify vulnerabilities or vulnerable systems.“(g) The pilot program established under subsection (a) shall terminate on the date that is 4 years after the date of enactment of this Act.”
[For definitions of terms used in section 105 of div. Y of Pub. L. 117–103, set out above, see section 681 of this title, as made applicable by section 102(1) of div. Y of Pub. L. 117–103, which is set out as a note under section 665j of this title, and see section 650 of this title, as made applicable by section 7143(f)(2) of div. G of Pub. L. 117–263, which is set out as a note under section 650 of this title.]
Pub. L. 117–81, div. A, title XV, § 1550, “(a) Not later than one year after the date of the enactment of this Act [“(b) “(1) In carrying out the pilot program under subsection (a), the Secretary shall seek to enter into one or more public-private partnerships with internet ecosystem companies.“(2) “(A) Participation by an internet ecosystem company in a public-private partnership under the pilot program, including in any activity described in subsection (c), shall be voluntary.“(B) No funds appropriated by any Act may be used to direct, pressure, coerce, or otherwise require that any internet ecosystem company take any action on their platforms, systems, services, or infrastructure as part of the pilot program.“(c) In carrying out the pilot program under subsection (a), the Secretary may—“(1) provide assistance to a participating internet ecosystem company to develop effective know-your-customer processes and requirements;“(2) provide information, analytics, and technical assistance to improve the ability of participating companies to detect and prevent illicit or suspicious procurement, payment, and account creation on their own platforms, systems, services, or infrastructure;“(3) develop and socialize best practices for the collection, retention, and sharing of data by participating internet ecosystem companies to support discovery of malicious cyber activity, investigations, and attribution on the platforms, systems, services, or infrastructure of such companies;“(4) provide to participating internet ecosystem companies actionable, timely, and relevant information, such as information about ongoing operations and infrastructure, threats, tactics, and procedures, and indicators of compromise, to enable such companies to detect and disrupt the use by malicious cyber actors of the platforms, systems, services, or infrastructure of such companies;“(5) provide recommendations for (but not design, develop, install, operate, or maintain) operational workflows, assessment and compliance practices, and training that participating internet ecosystem companies can implement to reliably detect and disrupt the use by malicious cyber actors of the platforms, systems, services, or infrastructure of such companies;“(6) provide recommendations for accelerating, to the greatest extent practicable, the automation of existing or implemented operational workflows to operate at line-rate in order to enable real-time mitigation without the need for manual review or action;“(7) provide recommendations for (but not design, develop, install, operate, or maintain) technical capabilities to enable participating internet ecosystem companies to collect and analyze data on malicious activities occurring on the platforms, systems, services, or infrastructure of such companies to detect and disrupt operations of malicious cyber actors; and“(8) provide recommendations regarding relevant mitigations for suspected or discovered malicious cyber activity and thresholds for action.“(d) Consistent with section 1905 of title 18, United States Code, the Secretary shall ensure that any trade secret or proprietary information of a participating internet ecosystem company made known to the Federal Government pursuant to a public-private partnership under the pilot program remains private and protected unless explicitly authorized by such company.“(e) In carrying out the pilot program under subsection (a), the Secretary may not take any action that is intended primarily to advance the particular business interests of an internet ecosystem company but is authorized to take actions that advance the interests of the United States, notwithstanding differential impact or benefit to a given company’s or given companies’ business interests.“(f) “(1) The Secretary shall exercise primary responsibility for the pilot program under subsection (a), including organizing and directing authorized activities with participating Federal Government organizations and internet ecosystem companies to achieve the objectives of the pilot program.“(2) The National Cyber Director shall support prioritization and cross-agency coordination for the pilot program, including ensuring appropriate participation by participating agencies and the identification and prioritization of key private sector entities and initiatives for the pilot program.“(3) The Secretary of Defense shall provide support and resources to the pilot program, including the provision of technical and operational expertise drawn from appropriate and relevant officials and components of the Department of Defense, including the National Security Agency, United States Cyber Command, the Chief Information Officer, the Office of the Secretary of Defense, military department Principal Cyber Advisors, and the Defense Advanced Research Projects Agency.“(g) The Secretary may invite to participate in the pilot program required under subsection (a) the heads of such departments or agencies as the Secretary considers appropriate.“(h) The Secretary shall ensure that the pilot program required under subsection (a) makes use of, builds upon, and, as appropriate, integrates with and does not duplicate other efforts of the Department of Homeland Security and the Department of Defense relating to cybersecurity, including the following:“(1) The Joint Cyber Defense Collaborative of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security.“(2) The Cybersecurity Collaboration Center and Enduring Security Framework of the National Security Agency.“(i) “(1) Nothing in this section authorizes sharing of information, including information relating to customers of internet ecosystem companies or private individuals, from an internet ecosystem company to an agency, officer, or employee of the Federal Government unless otherwise authorized by another provision of law.“(2) Nothing in this section may be construed to permit or require disclosure by a provider of a remote computing service or a provider of an electronic communication service to the public of information not otherwise permitted or required to be disclosed under chapter 121 of title 18, United States Code (commonly known as the ‘Stored Communications Act’).“(3) Nothing in this section may be construed to require a third party, such as a customer or managed service provider of an internet ecosystem company, to participate in the pilot program under subsection (a).“(j) “(1) “(A) Not later than one year after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Defense and the National Cyber Director, shall brief the appropriate committees of Congress on the pilot program required under subsection (a).“(B) The briefing required under subparagraph (A) shall include the following:“(i) The plans of the Secretary for the implementation of the pilot program.“(ii) Identification of key priorities for the pilot program.“(iii) Identification of any potential challenges in standing up the pilot program or impediments, such as a lack of liability protection, to private sector participation in the pilot program.“(iv) A description of the roles and responsibilities in the pilot program of each participating Federal entity.“(2) “(A) Not later than two years after the date of the enactment of this Act and annually thereafter for three years, the Secretary, in coordination with the Secretary of Defense and the National Cyber Director, shall brief the appropriate committees of Congress on the progress of the pilot program required under subsection (a).“(B) Each briefing required under subparagraph (A) shall include the following:“(i) Recommendations for addressing relevant policy, budgetary, and legislative gaps to increase the effectiveness of the pilot program.“(ii) Recommendations, such as providing liability protection, for increasing private sector participation in the pilot program.“(iii) A description of the challenges encountered in carrying out the pilot program, including any concerns expressed by internet ecosystem companies regarding participation in the pilot program.“(iv) The findings of the Secretary with respect to the feasibility and advisability of extending or expanding the pilot program.“(v) Such other matters as the Secretary considers appropriate.“(k) The pilot program required under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act [“(l) In this section:“(1) The term ‘appropriate committees of Congress’ means—“(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate; and“(B) the Committee on Homeland Security and the Committee on Armed Services of the House of Representatives.“(2) The term ‘internet ecosystem company’ means a business incorporated in the United States that provides cybersecurity services, internet service, content delivery services, Domain Name Service, cloud services, mobile telecommunications services, email and messaging services, internet browser services, or such other services as the Secretary determines appropriate for the purposes of the pilot program under subsection (a).“(3) The term ‘Secretary’ means the Secretary of Homeland Security.”
Pub. L. 117–47, “This Act may be cited as the ‘K–12 Cybersecurity Act of 2021’.“SECTION 1. SHORT TITLE.“SEC. 2. FINDINGS.“Congress finds the following:“(1) K–12 educational institutions across the United States are facing cyber attacks.“(2) Cyber attacks place the information systems of K–12 educational institutions at risk of possible disclosure of sensitive student and employee information, including—“(A) grades and information on scholastic development;“(B) medical records;“(C) family records; and“(D) personally identifiable information.“(3) Providing K–12 educational institutions with resources to aid cybersecurity efforts will help K–12 educational institutions prevent, detect, and respond to cyber events.“SEC. 3. K–12 EDUCATION CYBERSECURITY INITIATIVE.“(a) In this section:“(1) The term ‘cybersecurity risk’ has the meaning given the term in section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) [see 6 U.S.C. 650].“(2) The term ‘Director’ means the Director of Cybersecurity and Infrastructure Security.“(3) The term ‘information system’ has the meaning given the term in section 3502 of title 44, United States Code.“(4) K–12 The term ‘K–12 educational institution’ means an elementary school or a secondary school, as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).“(b) “(1) Not later than 120 days after the date of enactment of this Act [“(A) analyzes how identified cybersecurity risks specifically impact K–12 educational institutions;“(B) includes an evaluation of the challenges K–12 educational institutions face in—“(i) securing— “(I) information systems owned, leased, or relied upon by K–12 educational institutions; and “(II) sensitive student and employee records; and“(ii) implementing cybersecurity protocols;“(C) identifies cybersecurity challenges relating to remote learning; and“(D) evaluates the most accessible ways to communicate cybersecurity recommendations and tools.“(2) Not later than 120 days after the date of enactment of this Act, the Director shall provide a Congressional briefing on the study conducted under paragraph (1).“(c) Not later than 60 days after the completion of the study required under subsection (b)(1), the Director, in accordance with subsection (g)(1), shall develop recommendations that include cybersecurity guidelines designed to assist K–12 educational institutions in facing the cybersecurity risks described in subsection (b)(1), using the findings of the study.“(d) Not later than 120 days after the completion of the development of the recommendations required under subsection (c), the Director shall develop an online training toolkit designed for officials at K–12 educational institutions to—“(1) educate the officials about the cybersecurity recommendations developed under subsection (c); and“(2) provide strategies for the officials to implement the recommendations developed under subsection (c).“(e) The Director shall make available on the website of the Department of Homeland Security with other information relating to school safety the following:“(1) The findings of the study conducted under subsection (b)(1).“(2) The cybersecurity recommendations developed under subsection (c).“(3) The online training toolkit developed under subsection (d).“(f) The use of the cybersecurity recommendations developed under [subsection] (c) by K–12 educational institutions shall be voluntary.“(g) “(1) In the course of the conduction of the study required under subsection (b)(1) and the development of the recommendations required under subsection (c), the Director shall consult with individuals and entities focused on cybersecurity and education, as appropriate, including—“(A) teachers;“(B) school administrators;“(C) Federal agencies;“(D) non-Federal cybersecurity entities with experience in education issues; and“(E) private sector organizations.“(2) The Federal Advisory Committee Act ([former] 5 U.S.C App.) [see 5 U.S.C. 1001 et seq.] shall not apply to any consultation under paragraph (1).”
Pub. L. 115–278, § 2(b)(1),