6 USC 652 Domestic Security - Cybersecurity Infrastructure Security Agency

6 U.S.C. § 652
Section 652 - Cybersecurity and Infrastructure Security Agency

(a) Redesignation
(1) In general
The National Protection and Programs Directorate of the Department shall, on and after
November 16, 2018, be known as the "Cybersecurity and Infrastructure Security Agency"
(in this part referred to as the "Agency").
(2) References
Any reference to the National Protection and Programs Directorate of the Department in
any law, regulation, map, document, record, or other paper of the United States shall be
deemed to be a reference to the Cybersecurity and Infrastructure Security Agency of the
Department.
(b) Director
(1) In general
The Agency shall be headed by a Director of Cybersecurity and Infrastructure Security (in
this part referred to as the "Director"), who shall report to the Secretary.
(2) Reference
Any reference to an Under Secretary responsible for overseeing critical infrastructure
protection, cybersecurity, and any other related program of the Department as described in
section 113(a)(1)(H) of this title as in effect on the day before November 16, 2018, in any
law, regulation, map, document, record, or other paper of the United States shall be
deemed to be a reference to the Director of Cybersecurity and Infrastructure Security of
the Department.
(c) Responsibilities
The Director shall(1) lead cybersecurity and critical infrastructure security programs, operations, and
associated policy for the Agency, including national cybersecurity asset response
activities;
(2) coordinate with Federal entities, including Sector-Specific Agencies, and non-Federal
entities, including international entities, to carry out the cybersecurity and critical
infrastructure activities of the Agency, as appropriate;
(3) carry out the responsibilities of the Secretary to secure Federal information and
information systems consistent with law, including subchapter II of chapter 35 of title 44
and the Cybersecurity Act of 2015 (contained in division N of the Consolidated
Appropriations Act, 2016 ( Public Law 114-113));

1

Section 652 ...

6 U.S.C. § 652

(4) coordinate a national effort to secure and protect against critical infrastructure risks,
consistent with subsection (e)(1)(E);
(5) upon request, provide analyses, expertise, and other technical assistance to critical
infrastructure owners and operators and, where appropriate, provide those analyses,
expertise, and other technical assistance in coordination with Sector-Specific Agencies
and other Federal departments and agencies;
(6) develop and utilize mechanisms for active and frequent collaboration between the
Agency and Sector-Specific Agencies to ensure appropriate coordination, situational
awareness, and communications with Sector-Specific Agencies;
(7) maintain and utilize mechanisms for the regular and ongoing consultation and
collaboration among the Divisions of the Agency to further operational coordination,
integrated situational awareness, and improved integration across the Agency in
accordance with this chapter;
(8) develop, coordinate, and implement(A) comprehensive strategic plans for the activities of the Agency; and
(B) risk assessments by and for the Agency;
(9) carry out emergency communications responsibilities, in accordance with subchapter
XIII;
(10) carry out cybersecurity, infrastructure security, and emergency communications
stakeholder outreach and engagement and coordinate that outreach and engagement with
critical infrastructure Sector-Specific Agencies, as appropriate; and
(11) carry out such other duties and powers prescribed by law or delegated by the
Secretary.
(d) Deputy Director
There shall be in the Agency a Deputy Director of Cybersecurity and Infrastructure Security
who shall(1) assist the Director in the management of the Agency; and
(2) report to the Director.
(e) Cybersecurity and infrastructure security authorities of the Secretary
(1) In general
The responsibilities of the Secretary relating to cybersecurity and infrastructure security
shall include the following:
(A) To access, receive, and analyze law enforcement information, intelligence
information, and other information from Federal Government agencies, State, local,
tribal, and territorial government agencies, including law enforcement agencies, and

2

Section 652 ...

6 U.S.C. § 652

private sector entities, and to integrate that information, in support of the mission
responsibilities of the Department, in order to(i) identify and assess the nature and scope of terrorist threats to the homeland;
(ii) detect and identify threats of terrorism against the United States; and
(iii) understand those threats in light of actual and potential vulnerabilities of the
homeland.
(B) To carry out comprehensive assessments of the vulnerabilities of the key resources
and critical infrastructure of the United States, including the performance of risk
assessments to determine the risks posed by particular types of terrorist attacks within
the United States, including an assessment of the probability of success of those attacks
and the feasibility and potential efficacy of various countermeasures to those attacks. At
the discretion of the Secretary, such assessments may be carried out in coordination
with Sector-Specific Agencies.
(C) To integrate relevant information, analysis, and vulnerability assessments,
regardless of whether the information, analysis, or assessments are provided or
produced by the Department, in order to make recommendations, including
prioritization, for protective and support measures by the Department, other Federal
Government agencies, State, local, tribal, and territorial government agencies and
authorities, the private sector, and other entities regarding terrorist and other threats to
homeland security.
(D) To ensure, pursuant to section 122 of this title, the timely and efficient access by the
Department to all information necessary to discharge the responsibilities under this
subchapter, including obtaining that information from other Federal Government
agencies.
(E) To develop, in coordination with the Sector-Specific Agencies with available
expertise, a comprehensive national plan for securing the key resources and critical
infrastructure of the United States, including power production, generation, and
distribution systems, information technology and telecommunications systems
(including satellites), electronic financial and property record storage and transmission
systems, emergency communications systems, and the physical and technological assets
that support those systems.
(F) To recommend measures necessary to protect the key resources and critical
infrastructure of the United States in coordination with other Federal Government
agencies, including Sector-Specific Agencies, and in cooperation with State, local,
tribal, and territorial government agencies and authorities, the private sector, and other
entities.
(G) To review, analyze, and make recommendations for improvements to the policies
and procedures governing the sharing of information relating to homeland security

3

Section 652 ...

6 U.S.C. § 652

within the Federal Government and between Federal Government agencies and State,
local, tribal, and territorial government agencies and authorities.
(H) To disseminate, as appropriate, information analyzed by the Department within the
Department to other Federal Government agencies with responsibilities relating to
homeland security and to State, local, tribal, and territorial government agencies and
private sector entities with those responsibilities in order to assist in the deterrence,
prevention, or preemption of, or response to, terrorist attacks against the United States.
(I) To consult with State, local, tribal, and territorial government agencies and private
sector entities to ensure appropriate exchanges of information, including law
enforcement-related information, relating to threats of terrorism against the United
States.
(J) To ensure that any material received pursuant to this chapter is protected from
unauthorized disclosure and handled and used only for the performance of official
duties.
(K) To request additional information from other Federal Government agencies, State,
local, tribal, and territorial government agencies, and the private sector relating to
threats of terrorism in the United States, or relating to other areas of responsibility
assigned by the Secretary, including the entry into cooperative agreements through the
Secretary to obtain such information.
(L) To establish and utilize, in conjunction with the Chief Information Officer of the
Department, a secure communications and information technology infrastructure,
including data-mining and other advanced analytical tools, in order to access, receive,
and analyze data and information in furtherance of the responsibilities under this
section, and to disseminate information acquired and analyzed by the Department, as
appropriate.
(M) To coordinate training and other support to the elements and personnel of the
Department, other Federal Government agencies, and State, local, tribal, and territorial
government agencies that provide information to the Department, or are consumers of
information provided by the Department, in order to facilitate the identification and
sharing of information revealed in their ordinary duties and the optimal utilization of
information received from the Department.
(N) To coordinate with Federal, State, local, tribal, and territorial law enforcement
agencies, and the private sector, as appropriate.
(O) To exercise the authorities and oversight of the functions, personnel, assets, and
liabilities of those components transferred to the Department pursuant to section 121(g)
of this title.
(P) To carry out the functions of the national cybersecurity and communications
integration center under section 659 of this title.

4

Section 652 ...

6 U.S.C. § 652

(Q) To carry out the requirements of the Chemical Facility Anti-Terrorism Standards
Program established under subchapter XVI and the secure handling of ammonium
nitrate program established under part J of subchapter VIII, or any successor programs.
(2) Reallocation
The Secretary may reallocate within the Agency the functions specified in sections 653(b)
and 654(b) of this title, consistent with the responsibilities provided in paragraph (1),
upon certifying to and briefing the appropriate congressional committees, and making
available to the public, at least 60 days prior to the reallocation that the reallocation is
necessary for carrying out the activities of the Agency.
(3) Staff
(A) In general
The Secretary shall provide the Agency with a staff of analysts having appropriate
expertise and experience to assist the Agency in discharging the responsibilities of the
Agency under this section.
(B) Private sector analysts
Analysts under this subsection may include analysts from the private sector.
(C) Security clearances
Analysts under this subsection shall possess security clearances appropriate for their
work under this section.
(4) Detail of personnel
(A) In general
In order to assist the Agency in discharging the responsibilities of the Agency under this
section, personnel of the Federal agencies described in subparagraph (B) may be
detailed to the Agency for the performance of analytic functions and related duties.
(B) Agencies
The Federal agencies described in this subparagraph are(i) the Department of State;
(ii) the Central Intelligence Agency;
(iii) the Federal Bureau of Investigation;
(iv) the National Security Agency;
(v) the National Geospatial-Intelligence Agency;
(vi) the Defense Intelligence Agency;
(vii) Sector-Specific Agencies; and
(viii) any other agency of the Federal Government that the President considers
appropriate.

5

Section 652 ...

6 U.S.C. § 652

(C) Interagency agreements
The Secretary and the head of a Federal agency described in subparagraph (B) may
enter into agreements for the purpose of detailing personnel under this paragraph.
(D) Basis
The detail of personnel under this paragraph may be on a reimbursable or nonreimbursable basis.
(f) Composition
The Agency shall be composed of the following divisions:
(1) The Cybersecurity Division, headed by an Assistant Director.
(2) The Infrastructure Security Division, headed by an Assistant Director.
(3) The Emergency Communications Division under subchapter XIII, headed by an
Assistant Director.
(g) Co-location
(1) In general
To the maximum extent practicable, the Director shall examine the establishment of
central locations in geographical regions with a significant Agency presence.
(2) Coordination
When establishing the central locations described in paragraph (1), the Director shall
coordinate with component heads and the Under Secretary for Management to co-locate
or partner on any new real property leases, renewing any occupancy agreements for
existing leases, or agreeing to extend or newly occupy any Federal space or new
construction.
(h) Privacy
(1) In general
There shall be a Privacy Officer of the Agency with primary responsibility for privacy
policy and compliance for the Agency.
(2) Responsibilities
The responsibilities of the Privacy Officer of the Agency shall include(A) assuring that the use of technologies by the Agency sustain, and do not erode,
privacy protections relating to the use, collection, and disclosure of personal
information;
(B) assuring that personal information contained in systems of records of the Agency is
handled in full compliance as specified in section 552a of title 5 (commonly known as
the "Privacy Act of 1974");
(C) evaluating legislative and regulatory proposals involving collection, use, and
disclosure of personal information by the Agency; and

6

Section 652 ...

6 U.S.C. § 652

(D) conducting a privacy impact assessment of proposed rules of the Agency on the
privacy of personal information, including the type of personal information collected
and the number of people affected.
(i) Savings
Nothing in this subchapter may be construed as affecting in any manner the authority,
existing on the day before November 16, 2018, of any other component of the Department
or any other Federal department or agency, including the authority provided to the SectorSpecific Agency specified in section 61003(c) of division F of the Fixing America's Surface
Transportation Act ( 6 U.S.C. 121 note; Public Law 114-94).
6 U.S.C. § 652

Pub. L. 107-296, title XXII, §2202, as added Pub. L. 115-278, §2(a), Nov. 16, 2018, 132
Stat. 4169.
REFERENCES IN TEXTThe Cybersecurity Act of 2015, referred to in subsec. (c)(3), is div. N of Pub. L. 114113, 129 Stat. 2935. For complete classification of this Act to the Code, see Short Title note set out under section
1501 of this title and Tables.This chapter, referred to in subsecs. (c)(7) and (e)(1)(J), was in the original "this
Act", meaning Pub. L. 107-296, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified
principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under
section 101 of this title and Tables.
UNDER SECRETARY RESPONSIBLE FOR OVERSEEING CRITICAL INFRASTRUCTURE
PROTECTION, CYBERSECURITY AND RELATED PROGRAMS AUTHORIZED TO SERVE AS
DIRECTOR OF CYBERSECURITY AND INFRASTRUCTURE SECURITYPub. L. 115-278, §2(b)(1), Nov.
16, 2018, 132 Stat. 4175, provided that: "The individual serving as the Under Secretary appointed pursuant to
section 103(a)(1)(H) of the Homeland Security Act of 2002 ( 6 U.S.C. 113(a)(1)(H) ) of the Department of
Homeland Security on the day before the date of enactment of this Act [Nov. 16, 2018] may continue to serve as
the Director of Cybersecurity and Infrastructure Security of the Department on and after such date."

7