Title 6 — Domestic Security
Part B · Chapter 1 — Homeland Security Organization
§ 671. Definitions
Statutory text
In this part:
Agency
The term “agency” has the meaning given it in section 551 of title 5.
Covered Federal agency
The term “covered Federal agency” means the Department of Homeland Security.
Critical infrastructure information
The term “critical infrastructure information” has the meaning given the term in section 650 of this title.
Critical infrastructure protection program
The term “critical infrastructure protection program” means any component or bureau of a covered Federal agency that has been designated by the President or any agency head to receive critical infrastructure information.
Protected system
The term “protected system”—
means any service, physical or computer-based system, process, or procedure that directly or indirectly affects the viability of a facility of critical infrastructure; and
includes any physical or computer-based system, including a computer, computer system, computer or communications network, or any component hardware or element thereof, software program, processing instructions, or information or data in transmission or storage therein, irrespective of the medium of transmission or storage.
Voluntary
In general
The term “voluntary”, in the case of any submittal of critical infrastructure information to a covered Federal agency, means the submittal thereof in the absence of such agency’s exercise of legal authority to compel access to or submission of such information and may be accomplished by a single entity or an Information Sharing and Analysis Organization on behalf of itself or its members.
Exclusions
The term “voluntary”—
in the case of any action brought under the securities laws as is defined in section 78c(a)(47) of title 15—
does not include information or statements contained in any documents or materials filed with the Securities and Exchange Commission, or with Federal banking regulators, pursuant to section 78l(i) of title 15; and
with respect to the submittal of critical infrastructure information, does not include any disclosure or writing that when made accompanied the solicitation of an offer or a sale of securities; and
does not include information or statements submitted or relied upon as a basis for making licensing or permitting determinations, or during regulatory proceedings.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Homeland Security Act of 2002
Pub. L. 107–296 title XXII § 2222 · 116 Stat. 2135
Enacted · 6 U.S.C. § 671
Pub. L. 107–296, title XXII, § 2222, formerly title II, § 212, Nov. 25, 2002, 116 Stat. 2150
Source evidence
Code source credit
Pub. L. 107–296, title XXII, § 2222, formerly title II, § 212, Nov. 25, 2002, 116 Stat. 2150Department of Justice Appropriations Act, 2016
Pub. L. 114–113 § 204(1)(A) · 129 Stat. 2242
Inserted · 6 U.S.C. § 671(5)(A)
Pub. L. 114–113, § 204(1)(A), inserted “, including information related to cybersecurity risks and incidents,” after “critical infrastructure information” and “, including cybersecurity risks and incidents,” after “related to critical infrastructure”
Source evidence
Code amendment note
Par. (5)(A). Pub. L. 114–113, § 204(1)(A), inserted “, including information related to cybersecurity risks and incidents,” after “critical infrastructure information” and “, including cybersecurity risks and incidents,” after “related to critical infrastructure”.Enacted provision · exact public law section
Sec. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.Department of Justice Appropriations Act, 2016
Pub. L. 114–113 § 204(1)(B) · 129 Stat. 2242
Inserted · 6 U.S.C. § 671(5)(B)
Pub. L. 114–113, § 204(1)(B), inserted “, including cybersecurity risks and incidents,” after “critical infrastructure information” and “, including cybersecurity risks and incidents,” after “related to critical infrastructure”
Source evidence
Code amendment note
Par. (5)(B). Pub. L. 114–113, § 204(1)(B), inserted “, including cybersecurity risks and incidents,” after “critical infrastructure information” and “, including cybersecurity risks and incidents,” after “related to critical infrastructure”.Enacted provision · exact public law section
Sec. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.Department of Justice Appropriations Act, 2016
Pub. L. 114–113 § 204(1)(C) · 129 Stat. 2242
Inserted · 6 U.S.C. § 671(5)(C)
Pub. L. 114–113, § 204(1)(C), inserted “, including cybersecurity risks and incidents,” after “critical infrastructure information”
Source evidence
Code amendment note
Par. (5)(C). Pub. L. 114–113, § 204(1)(C), inserted “, including cybersecurity risks and incidents,” after “critical infrastructure information”.Enacted provision · exact public law section
Sec. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.Department of Justice Appropriations Act, 2016
Pub. L. 114–113 § 204(2) · 129 Stat. 2242
Added · 6 U.S.C. § 671(8)
Pub. L. 114–113, § 204(2), added par. (8)
Source evidence
Code amendment note
Par. (8). Pub. L. 114–113, § 204(2), added par. (8).Enacted provision · exact public law section
Sec. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.Cybersecurity and Infrastructure Security Agency Act of 2018
Pub. L. 115–278 § 2(g)(9)(B)(i) · 132 Stat. 4168
Substituted · 6 U.S.C. § 671(8)
Pub. L. 115–278, § 2(g)(9)(B)(i), substituted “section 659 of this title” for “section 148 of this title”
Source evidence
Code amendment note
Par. (8). Pub. L. 115–278, § 2(g)(9)(B)(i), substituted “section 659 of this title” for “section 148 of this title”.Enacted provision · exact public law section
(i) in section 2222(8), as so redesignated, by striking “section 227” and inserting “section 2209”; andJames M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 7143(b)(2)(M)(i) · 136 Stat. 2395
Added · 6 U.S.C. § 671(3)
Pub. L. 117–263, § 7143(b)(2)(M)(i), added par. (3)
Struck · 6 U.S.C. § 671(3)
Pub. L. 117–263, § 7143(b)(2)(M)(i), struck out former par. (3) which defined critical infrastructure information
Source evidence
Code amendment note
Par. (3). Pub. L. 117–263, § 7143(b)(2)(M)(i), added par. (3) and struck out former par. (3) which defined critical infrastructure information.Enacted provision · exact public law section
(i) by striking paragraph (3) and inserting the following: “(3) Critical infrastructure information.— The term ‘critical infrastructure information’ has the meaning given the term in section 2200.” ;James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 § 7143(b)(2)(M)(ii) · 136 Stat. 2395
Redesignated · 6 U.S.C. § 671(5)(8)
Pub. L. 117–263, § 7143(b)(2)(M)(ii), (iii), redesignated pars. (6) and (7) as (5) and (6), respectively
Struck · 6 U.S.C. § 671(5)(8)
Pub. L. 117–263, § 7143(b)(2)(M)(ii), (iii), struck out former pars. (5) and (8) which defined Information Sharing and Analysis Organization and cybersecurity risk and incident, respectively
Source evidence
Code amendment note
Pars. (5) to (8). Pub. L. 117–263, § 7143(b)(2)(M)(ii), (iii), redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out former pars. (5) and (8) which defined Information Sharing and Analysis Organization and cybersecurity risk and incident, respectively.Enacted provision · exact public law section
(ii) by striking paragraphs (5) and (8); and
9 of 10 references resolved to an enrolled provision · 1 partial
Editorial Notes
Codification
Section was formerly classified to section 131 of this title prior to renumbering by Pub. L. 115–278.
Amendments2015–2022 · 3 rounds
2022
Par. (3). Pub. L. 117–263, § 7143(b)(2)(M)(i), added par. (3) and struck out former par. (3) which defined critical infrastructure information.
Pars. (5) to (8). Pub. L. 117–263, § 7143(b)(2)(M)(ii), (iii), redesignated pars. (6) and (7) as (5) and (6), respectively, and struck out former pars. (5) and (8) which defined Information Sharing and Analysis Organization and cybersecurity risk and incident, respectively.
2018
Par. (8). Pub. L. 115–278, § 2(g)(9)(B)(i), substituted “section 659 of this title” for “section 148 of this title”.
2015
Par. (5)(A). Pub. L. 114–113, § 204(1)(A), inserted “, including information related to cybersecurity risks and incidents,” after “critical infrastructure information” and “, including cybersecurity risks and incidents,” after “related to critical infrastructure”.
Par. (5)(B). Pub. L. 114–113, § 204(1)(B), inserted “, including cybersecurity risks and incidents,” after “critical infrastructure information” and “, including cybersecurity risks and incidents,” after “related to critical infrastructure”.
Par. (5)(C). Pub. L. 114–113, § 204(1)(C), inserted “, including cybersecurity risks and incidents,” after “critical infrastructure information”.
Par. (8). Pub. L. 114–113, § 204(2), added par. (8).
Statutory Notes and Related Subsidiaries
Short Title
For short title of this part as the “Critical Infrastructure Information Act of 2002”, see section 2221 of Pub. L. 107–296, set out as a note under section 101 of this title.
Prohibition on New Regulatory Authority
Pub. L. 114–113, div. N, title II, § 210, , 129 Stat. 2962, provided that: “Nothing in this subtitle [subtitle A (§§ 201–211) of title II of div. N of Pub. L. 114–113, see Short Title of 2015 Amendment note set out under section 101 of this title] or the amendments made by this subtitle may be construed to grant the Secretary any authority to promulgate regulations or set standards relating to the cybersecurity of non-Federal entities, not including State, local, and tribal governments, that was not in effect on the day before the date of enactment of this Act [].”
Definitions
Pub. L. 114–113, div. N, title II, § 202, , 129 Stat. 2956, as amended by Pub. L. 115–278, § 2(h)(1)(A), , 132 Stat. 4181, provided that:
“In this subtitle [subtitle A (§§ 201–211) of title II of div. N of Pub. L. 114–113, see Short Title of 2015 Amendment note set out under section 101 of this title]:
“(1) Appropriate congressional committees.—
The term ‘appropriate congressional committees’ means—
“(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
“(B) the Committee on Homeland Security of the House of Representatives.
“(2) Cybersecurity risk; incident.—
The terms ‘cybersecurity risk’ and ‘incident’ have the meanings given those terms in section 2209 of the Homeland Security Act of 2002 [6 U.S.C. 659] [see now 6 U.S.C. 650].
“(3) Cyber threat indicator; defensive measure.—
The terms ‘cyber threat indicator’ and ‘defensive measure’ have the meanings given those terms in section 102 [6 U.S.C. 1501].
“(4) Department.—
The term ‘Department’ means the Department of Homeland Security.
“(5) Secretary.—
The term ‘Secretary’ means the Secretary of Homeland Security.”
Credits
2002–2022 · 4 acts
- 2002Pub. L. 107–296, title XXII, § 2222, formerly title II, § 212, , 116 Stat. 2150
- 2015Pub. L. 114–113, div. N, title II, § 204, , 129 Stat. 2961
- 2018renumbered title XXII, § 2222, and amended Pub. L. 115–278, § 2(g)(2)(H), (9)(B)(i), , 132 Stat. 4178, 4181
- 2022Pub. L. 117–263, div. G, title LXXI, § 7143(b)(2)(M), , 136 Stat. 3661.
Show as published
(Pub. L. 107–296, title XXII, § 2222, formerly title II, § 212, , 116 Stat. 2150; Pub. L. 114–113, div. N, title II, § 204, , 129 Stat. 2961; renumbered title XXII, § 2222, and amended Pub. L. 115–278, § 2(g)(2)(H), (9)(B)(i), , 132 Stat. 4178, 4181; Pub. L. 117–263, div. G, title LXXI, § 7143(b)(2)(M), , 136 Stat. 3661.)