Title 6 — Domestic Security
Part B · Chapter 1 — Homeland Security Organization
§ 673. Protection of voluntarily shared critical infrastructure information
Statutory text
Protection
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)—
shall be exempt from disclosure under section 552 of title 5 (commonly referred to as the Freedom of Information Act);
shall not be subject to any agency rules or judicial doctrine regarding ex parte communications with a decision making official;
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;
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—
in furtherance of an investigation or the prosecution of a criminal act; or
when disclosure of the information would be—
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
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.1
shall not, if provided to a State or local government or government agency—
be made available pursuant to any State or local law requiring disclosure of information or records;
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
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
does not constitute a waiver of any applicable privilege or protection provided under law, such as trade secret protection.
Express statement
For purposes of paragraph (1), the term “express statement”, with respect to information or records, means—
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
in the case of oral information, a similar written statement submitted within a reasonable period following the oral communication.
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.
Independently obtained information
Nothing 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 section 2302(b)(8) of title 5.
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.
Procedures
In general
The 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 .
Elements
The procedures established under paragraph (1) shall include mechanisms regarding—
the acknowledgement of receipt by Federal agencies of critical infrastructure information that is voluntarily submitted to the Government;
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;
the care and storage of such information; and
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.
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.
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—
the source of any voluntarily submitted critical infrastructure information that forms the basis for the warning; or
information that is proprietary, business sensitive, relates specifically to the submitting person or entity, or is otherwise not appropriately in the public domain.
Authority to delegate
The President may delegate authority to a critical infrastructure protection program, designated under section 672 of this title, 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 section 4558 of title 50.
Footnotes
- 1 So in original. The period probably should be a semicolon.
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 § 2224 · 116 Stat. 2135
Enacted · 6 U.S.C. § 673
Pub. L. 107–296, title XXII, § 2224, formerly title II, § 214, Nov. 25, 2002, 116 Stat. 2152
Source evidence
Code source credit
Pub. L. 107–296, title XXII, § 2224, formerly title II, § 214, Nov. 25, 2002, 116 Stat. 2152GAO Human Capital Reform Act of 2004
Pub. L. 108–271 § 8(b) · 118 Stat. 811
Substituted · 6 U.S.C. § 673(a)(1)(D)(ii)(II)
Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”
Source evidence
Code amendment note
Subsec. (a)(1)(D)(ii)(II). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.Enacted provision · exact public law section
(b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.Whistleblower Protection Enhancement Act of 2012
Pub. L. 112–199 title I § 111 · 126 Stat. 1465
Inserted · 6 U.S.C. § 673(c)
Pub. L. 112–199 inserted at end “For purposes of this section a permissible use of independently obtained information includes the disclosure of such information under section 2302(b)(8) of title 5.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 112–199 inserted at end “For purposes of this section a permissible use of independently obtained information includes the disclosure of such information under section 2302(b)(8) of title 5.”Enacted provision · exact public law section
SEC. 111. CLARIFICATION OF WHISTLEBLOWER RIGHTS FOR CRITICAL INFRASTRUCTURE INFORMATION. Section 214(c) of the Homeland Security Act of 2002 (6 U.S.C. 133(c)) is amended by adding at the end the following: “For purposes of this section a permissible use of independently obtained information includes the disclosure of such information under section 2302(b)(8) of title 5, United States Code.”.Effective date note
Amendment by Pub. L. 112–199 effective 30 days after Nov. 27, 2012, see section 202 of Pub. L. 112–199, set out as a note under section 1204 of Title 5, Government Organization and Employees.Cybersecurity and Infrastructure Security Agency Act of 2018
Pub. L. 115–278 § 2(g)(9)(B)(ii) · 132 Stat. 4168
Substituted · 6 U.S.C. § 673(h)
Pub. L. 115–278, § 2(g)(9)(B)(ii), substituted “section 672 of this title” for “section 132 of this title”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 115–278, § 2(g)(9)(B)(ii), substituted “section 672 of this title” for “section 132 of this title”.Enacted provision · exact public law section
(ii) in section 2224(h), as so redesignated, by striking “section 213” and inserting “section 2223”;Pub. L. 117–286 § 4(a)(18) · 136 Stat. 4196
Substituted · 6 U.S.C. § 673(b)
Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act.”Enacted provision · exact public law section
(18) Section 2224(b) of the Homeland Security Act of 2002 (6 U.S.C. 673(b)) is amended by striking “the Federal Advisory Committee Act (5 U.S.C. App. 2).” and inserting “chapter 10 of title 5, United States Code.”.
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Critical Infrastructure Information Act of 2002, referred to in subsec. (a)(2)(A), is subtitle B (§ 2221 et seq.) of title XXII of Pub. L. 107–296, , 116 Stat. 2150, which is classified generally to this part. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
Codification
Section was formerly classified to section 133 of this title prior to renumbering by Pub. L. 115–278.
Amendments2004–2022 · 4 rounds
2022
Subsec. (b). Pub. L. 117–286 substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act.”
2018
Subsec. (h). Pub. L. 115–278, § 2(g)(9)(B)(ii), substituted “section 672 of this title” for “section 132 of this title”.
2012
Subsec. (c). Pub. L. 112–199 inserted at end “For purposes of this section a permissible use of independently obtained information includes the disclosure of such information under section 2302(b)(8) of title 5.”
2004
Subsec. (a)(1)(D)(ii)(II). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–199 effective 30 days after , see section 202 of Pub. L. 112–199, set out as a note under section 1204 of Title 5, Government Organization and Employees.
Credits
2002–2022 · 5 acts
- 2002Pub. L. 107–296, title XXII, § 2224, formerly title II, § 214, , 116 Stat. 2152
- 2004Pub. L. 108–271, § 8(b), , 118 Stat. 814
- 2012Pub. L. 112–199, title I, § 111, , 126 Stat. 1472
- 2018renumbered title XXII, § 2224, and amended Pub. L. 115–278, § 2(g)(2)(H), (9)(B)(ii), , 132 Stat. 4178, 4181
- 2022Pub. L. 117–286, § 4(a)(18), , 136 Stat. 4307.
Show as published
(Pub. L. 107–296, title XXII, § 2224, formerly title II, § 214, , 116 Stat. 2152; Pub. L. 108–271, § 8(b), , 118 Stat. 814; Pub. L. 112–199, title I, § 111, , 126 Stat. 1472; renumbered title XXII, § 2224, and amended Pub. L. 115–278, § 2(g)(2)(H), (9)(B)(ii), , 132 Stat. 4178, 4181; Pub. L. 117–286, § 4(a)(18), , 136 Stat. 4307.)