USC - National cybersecurity and communications integration center

View all text of Part A [§ 651 - § 665n]

§ 659. National cybersecurity and communications integration center

(a) Definition

(b) Center

(1) being a Federal civilian interface for the multi-directional and cross-sector sharing of information related to cyber threat indicators, defensive measures, cybersecurity risks, incidents, analysis, and warnings for Federal and non-Federal entities, including the implementation of title I of the Cybersecurity Act of 2015 [6 U.S.C. 1501 et seq.];

(2) providing shared situational awareness to enable real-time, integrated, and operational actions across the Federal Government and non-Federal entities to address cybersecurity risks and incidents to Federal and non-Federal entities;

(3) coordinating the sharing of information related to cyber threat indicators, defensive measures, cybersecurity risks, and incidents across the Federal Government;

(4) facilitating cross-sector coordination to address cybersecurity risks and incidents, including cybersecurity risks and incidents that may be related or could have consequential impacts across multiple sectors;

(5)

(A) conducting integration and analysis, including cross-sector integration and analysis, of cyber threat indicators, defensive measures, cybersecurity risks, and incidents;

(B) sharing mitigation protocols to counter cybersecurity vulnerabilities pursuant to subsection (n), as appropriate; and

(C) sharing the analysis conducted under subparagraph (A) and mitigation protocols to counter cybersecurity vulnerabilities in accordance with subparagraph (B), as appropriate, with Federal and non-Federal entities;

(6) upon request, providing operational and timely technical assistance, risk management support, and incident response capabilities to Federal and non-Federal entities with respect to cyber threat indicators, defensive measures, cybersecurity risks, and incidents, which may include attribution, mitigation, and remediation, which may take the form of continuous monitoring and detection of cybersecurity risks to critical infrastructure entities that own or operate industrial control systems that support national critical functions;

(7) providing information and recommendations on security and resilience measures to Federal and non-Federal entities, including information and recommendations to—

(A) facilitate information security;

(B) strengthen information systems against cybersecurity risks and incidents; and

(8) engaging with international partners, in consultation with other appropriate agencies, to—

(A) collaborate on cyber threat indicators, defensive measures, and information related to cybersecurity risks and incidents; and

(B) enhance the security and resilience of global cybersecurity;

(9) sharing cyber threat indicators, defensive measures, mitigation protocols to counter cybersecurity vulnerabilities, as appropriate, and other information related to cybersecurity risks and incidents with Federal and non-Federal entities, including across sectors of critical infrastructure and with State and major urban area fusion centers, as appropriate;

(10) participating, as appropriate, in national exercises run by the Department;

(11) in coordination with the Emergency Communications Division of the Department, assessing and evaluating consequence, vulnerability, and threat information regarding cyber incidents to public safety communications to help facilitate continuous improvements to the security and resiliency of such communications;

(12) detecting, identifying, and receiving information for a cybersecurity purpose about security vulnerabilities relating to critical infrastructure in information systems and devices; and

(13) receiving, aggregating, and analyzing reports related to covered cyber incidents (as defined in section 681 of this title) submitted by covered entities (as defined in section 681 of this title) and reports related to ransom payments (as defined in section 681 of this title) submitted by covered entities (as defined in section 681 of this title) in furtherance of the activities specified in sections 652(e), 653, and 681a of this title, this subsection, and any other authorized activity of the Director, to enhance the situational awareness of cybersecurity threats across critical infrastructure sectors.

(d) Composition

(1) In generalThe Center shall be composed of—

(A) appropriate representatives of Federal entities, such as—

(i) sector-specific agencies;

(ii) civilian and law enforcement agencies; and

(iii) elements of the intelligence community;

(B) appropriate representatives of non-Federal entities, such as—

(i) State, local, and tribal governments;

(ii) Information Sharing and Analysis Organizations, including information sharing and analysis centers;

(iii) owners and operators of critical information systems; and

(iv) private entities, including cybersecurity specialists;

(D) a designated Federal official for operational coordination with and across each sector;

(E) an entity that collaborates with State and local governments, including an entity that collaborates with election officials, on cybersecurity risks and incidents, and has entered into a voluntary information sharing relationship with the Center; and

(F) other appropriate representatives or entities, as determined by the Secretary.

(2) Incidents

(e) PrinciplesIn carrying out the functions under subsection (c), the Center shall ensure—

(1) to the extent practicable, that—

(A) timely, actionable, and relevant cyber threat indicators, defensive measures, and information related to cybersecurity risks, incidents, and analysis is shared;

(B) when appropriate, cyber threat indicators, defensive measures, and information related to cybersecurity risks, incidents, and analysis is integrated with other relevant information and tailored to the specific characteristics of a sector;

(D) industry sector-specific, academic, and national laboratory expertise is sought and receives appropriate consideration;

(E) continuous, collaborative, and inclusive coordination occurs—

(i) across sectors; and

(ii) with—(I) sector coordinating councils;(II) Information Sharing and Analysis Organizations; and(III) other appropriate non-Federal partners;

(F) as appropriate, the Center works to develop and use mechanisms for sharing information related to cyber threat indicators, defensive measures, cybersecurity risks, and incidents that are technology-neutral, interoperable, real-time, cost-effective, and resilient;

(G) the Center works with other agencies to reduce unnecessarily duplicative sharing of information related to cyber threat indicators, defensive measures, cybersecurity risks, and incidents;

(H) the Center designates an agency contact for non-Federal entities; and

(I) activities of the Center address the security of both information technology and operational technology, including industrial control systems;

(2) that information related to cyber threat indicators, defensive measures, cybersecurity risks, and incidents is appropriately safeguarded against unauthorized access or disclosure; and

(3) that activities conducted by the Center comply with all policies, regulations, and laws that protect the privacy and civil liberties of United States persons, including by working with the Privacy Officer appointed under section 142 of this title to ensure that the Center follows the policies and procedures specified in subsections (b) and (d)(5)(C) of section 105 of the Cybersecurity Act of 2015 [6 U.S.C. 1504].

(f) Cyber hunt and incident response teams

(1) In generalThe Center shall maintain cyber hunt and incident response teams for the purpose of leading Federal asset response activities and providing timely technical assistance to Federal and non-Federal entities, including across all critical infrastructure sectors, regarding actual or potential security incidents, as appropriate and upon request, including—

(A) assistance to asset owners and operators in restoring services following a cyber incident;

(B) identification and analysis of cybersecurity risk and unauthorized cyber activity;

(D) recommendations to asset owners and operators for improving overall network and control systems security to lower cybersecurity risks, and other recommendations, as appropriate; and

(E) such other capabilities as the Secretary determines appropriate.

(2) Associated metricsThe Center shall—

(A) define the goals and desired outcomes for each cyber hunt and incident response team; and

(B) develop metrics—

(i) to measure the effectiveness and efficiency of each cyber hunt and incident response team in achieving the goals and desired outcomes defined under subparagraph (A); and

(ii) that—(I) are quantifiable and actionable; and(II) the Center shall use to improve the effectiveness and accountability of, and service delivery by, cyber hunt and incident response teams.

(3) Cybersecurity specialists

(g) No right or benefit

(1) In general

(2) Certain assistance or information

(h) Automated information sharing

(1) In general

(2) Annual report

(i) Voluntary information sharing procedures

(1) Procedures

(A) In general

(B) National security

(2) Voluntary information sharing relationshipsA voluntary information sharing relationship under this subsection may be characterized as an agreement described in this paragraph.

(A) Standard agreement

(B) Negotiated agreement

(j) Direct reporting

(k) Reports on international cooperation

(l) OutreachNot later than 60 days after December 18, 2015, the Secretary, acting through the Director, shall—

(1) disseminate to the public information about how to voluntarily share cyber threat indicators and defensive measures with the Center; and

(2) enhance outreach to critical infrastructure owners and operators for purposes of such sharing.

(m) Cybersecurity outreach

(1) In general

(2) Definitions

(n) Coordinated vulnerability disclosure

(o) Protocols to counter certain cybersecurity vulnerabilities

(p) Subpoena authority

(1) DefinitionIn this subsection, the term “covered device or system”—

(A) means a device or system commonly used to perform industrial, commercial, scientific, or governmental functions or processes that relate to critical infrastructure, including operational and industrial control systems, distributed control systems, and programmable logic controllers; and

(B) does not include personal devices and systems, such as consumer mobile devices, home computers, residential wireless routers, or residential internet enabled consumer devices.

(2) Authority

(A) In general

(B) Limit on informationA subpoena issued pursuant to subparagraph (A) may seek information—

(i) only in the categories set forth in subparagraphs (A), (B), (D), and (E) of section 2703(c)(2) of title 18; and

(ii) for not more than 20 covered devices or systems.

(3) Coordination

(A) In general

(B) ContentsThe inter-agency procedures developed under this paragraph shall provide that a subpoena issued by the Director under this subsection shall be—

(i) issued to carry out a function described in subsection (c)(12); and

(ii) subject to the limitations specified in this subsection.

(4) Noncompliance

(5) Notice

(6) Authentication

(A) In general

(B) Invalid if not authenticated

(7) ProceduresNot later than 90 days after January 1, 2021, the Director shall establish internal procedures and associated training, applicable to employees and operations of the Agency, regarding subpoenas issued pursuant to this subsection, which shall address the following:

(A) The protection of and restriction on dissemination of nonpublic information obtained through such a subpoena, including a requirement that the Agency not disseminate nonpublic information obtained through such a subpoena that identifies the party that is subject to such subpoena or the entity at risk identified by information obtained, except that the Agency may share the nonpublic information with the Department of Justice for the purpose of enforcing such subpoena in accordance with paragraph (4), and may share with a Federal agency the nonpublic information of the entity at risk if—

(i) the Agency identifies or is notified of a cybersecurity incident involving such entity, which relates to the vulnerability which led to the issuance of such subpoena;

(ii) the Director determines that sharing the nonpublic information with another Federal department or agency is necessary to allow such department or agency to take a law enforcement or national security action, consistent with the interagency procedures under paragraph (3)(A), or actions related to mitigating or otherwise resolving such incident;

(iii) the entity to which the information pertains is notified of the Director’s determination, to the extent practicable consistent with national security or law enforcement interests, consistent with such interagency procedures; and

(iv) the entity consents, except that the entity’s consent shall not be required if another Federal department or agency identifies the entity to the Agency in connection with a suspected cybersecurity incident.

(B) The restriction on the use of information obtained through such a subpoena for a cybersecurity purpose.

(i) destruction of such information that the Director determines is unrelated to critical infrastructure immediately upon providing notice to the entity pursuant to paragraph (5); and

(ii) destruction of any personally identifiable information not later than 6 months after the date on which the Director receives information obtained through such a subpoena, unless otherwise agreed to by the individual identified by the subpoena respondent.

(D) The processes for providing notice to each party that is subject to such a subpoena and each entity identified by information obtained under such a subpoena.

(E) The processes and criteria for conducting critical infrastructure security risk assessments to determine whether a subpoena is necessary prior to being issued pursuant to this subsection.

(F) The information to be provided to an entity at risk at the time of the notice of the vulnerability, which shall include—

(i) a discussion or statement that responding to, or subsequent engagement with, the Agency, is voluntary; and

(ii) to the extent practicable, information regarding the process through which the Director identifies security vulnerabilities.

(8) Limitation on procedures

(9) Review of proceduresNot later than 1 year after January 1, 2021, the Privacy Officer of the Agency shall—

(A) review the internal procedures established pursuant to paragraph (7) to ensure that—

(i) such procedures are consistent with fair information practices; and

(ii) the operations of the Agency comply with such procedures; and

(B) notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives of the results of the review under subparagraph (A).

(10) Publication of informationNot later than 120 days after establishing the internal procedures under paragraph (7), the Director shall publish information on the website of the Agency regarding the subpoena process under this subsection, including information regarding the following:

(A) Such internal procedures.

(B) The purpose for subpoenas issued pursuant to this subsection.

(D) The criteria for the critical infrastructure security risk assessment conducted prior to issuing a subpoena.

(E) Policies and procedures on retention and sharing of data obtained by subpoenas.

(F) Guidelines on how entities contacted by the Director may respond to notice of a subpoena.

(11) Annual reportsThe Director shall annually submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report (which may include a classified annex but with the presumption of declassification) on the use of subpoenas issued pursuant to this subsection, which shall include the following:

(A) A discussion of the following:

(i) The effectiveness of the use of such subpoenas to mitigate critical infrastructure security vulnerabilities.

(ii) The critical infrastructure security risk assessment process conducted for subpoenas issued under this subsection.

(iii) The number of subpoenas so issued during the preceding year.

(iv) To the extent practicable, the number of vulnerable covered devices or systems mitigated under this subsection by the Agency during the preceding year.

(v) The number of entities notified by the Director under this subsection, and their responses, during the preceding year.

(B) For each subpoena issued pursuant to this subsection, the following:

(i) Information relating to the source of the security vulnerability detected, identified, or received by the Director.

(ii) Information relating to the steps taken to identify the entity at risk prior to issuing the subpoena.

(iii) A description of the outcome of the subpoena, including discussion on the resolution or mitigation of the critical infrastructure security vulnerability.

(12) Publication of the annual reports

(13) Prohibition on use of information for unauthorized purposes

(q) Industrial control systemsThe Director shall maintain capabilities to identify and address threats and vulnerabilities to products and technologies intended for use in the automated control of critical infrastructure processes. In carrying out this subsection, the Director shall—

(1) lead Federal Government efforts, in consultation with Sector Risk Management Agencies, as appropriate, to identify and mitigate cybersecurity threats to industrial control systems, including supervisory control and data acquisition systems;

(2) maintain threat hunting and incident response capabilities to respond to industrial control system cybersecurity risks and incidents;

(3) provide cybersecurity technical assistance to industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control system stakeholders to identify, evaluate, assess, and mitigate vulnerabilities;

(4) collect, coordinate, and provide vulnerability information to the industrial control systems community by, as appropriate, working closely with security researchers, industry end-users, product manufacturers, Sector Risk Management Agencies, other Federal agencies, and other industrial control systems stakeholders; and

(5) conduct such other efforts and assistance as the Secretary determines appropriate.

(r) Coordination on cybersecurity for SLTT entities

(1)1

1 So in original. There is no par. (2).

CoordinationThe Center shall, upon request and to the extent practicable, and in coordination as appropriate with Federal and non-Federal entities, such as the Multi-State Information Sharing and Analysis Center—

(A) conduct exercises with SLTT entities;

(B) provide operational and technical cybersecurity training to SLTT entities to address cybersecurity risks or incidents, with or without reimbursement, related to—

(i) cyber threat indicators;

(ii) defensive measures;

(iii) cybersecurity risks;

(iv) vulnerabilities; and

(v) incident response and management;

(C) in order to increase situational awareness and help prevent incidents, assist SLTT entities in sharing, in real time, with the Federal Government as well as among SLTT entities, actionable—

(i) cyber threat indicators;

(ii) defensive measures;

(iii) information about cybersecurity risks; and

(iv) information about incidents;

(D) provide SLTT entities notifications containing specific incident and malware information that may affect them or their residents;

(E) provide to, and periodically update, SLTT entities via an easily accessible platform and other means—

(i) information about tools;

(ii) information about products;

(iii) resources;

(iv) policies;

(v) guidelines;

(vi) controls; and

(vii) other cybersecurity standards and best practices and procedures related to information security, including, as appropriate, information produced by other Federal agencies;

(F) work with senior SLTT entity officials, including chief information officers and senior election officials and through national associations, to coordinate the effective implementation by SLTT entities of tools, products, resources, policies, guidelines, controls, and procedures related to information security to secure the information systems, including election systems, of SLTT entities;

(G) provide operational and technical assistance to SLTT entities to implement tools, products, resources, policies, guidelines, controls, and procedures on information security;

(H) assist SLTT entities in developing policies and procedures for coordinating vulnerability disclosures consistent with international and national standards in the information technology industry; and

(I) promote cybersecurity education and awareness through engagements with Federal agencies and non-Federal entities.

(s) Report

(Pub. L. 107–296, title XXII, § 2209, formerly title II, § 227, formerly § 226, as added Pub. L. 113–282, § 3(a), Dec. 18, 2014, 128 Stat. 3066; renumbered § 227 and amended Pub. L. 114–113, div. N, title II, §§ 203, 223(a)(3), Dec. 18, 2015, 129 Stat. 2957, 2963; Pub. L. 114–328, div. A, title XVIII, § 1841(b), Dec. 23, 2016, 130 Stat. 2663; renumbered title XXII, § 2209, and amended Pub. L. 115–278, § 2(g)(2)(I), (9)(A)(iii), Nov. 16, 2018, 132 Stat. 4178, 4180; Pub. L. 116–94, div. L, § 102(a), Dec. 20, 2019, 133 Stat. 3089; Pub. L. 116–283, div. A, title XVII, § 1716(a), Jan. 1, 2021, 134 Stat. 4094; Pub. L. 117–81, div. A, title XV, §§ 1541(a), 1542, 1548(c), Dec. 27, 2021, 135 Stat. 2054, 2056, 2063; Pub. L. 117–103, div. Y, § 103(a)(1), Mar. 15, 2022, 136 Stat. 1038; Pub. L. 117–150, § 2(2), June 21, 2022, 136 Stat. 1295; Pub. L. 117–263, div. G, title LXXI, § 7143(b)(2)(D), Dec. 23, 2022, 136 Stat. 3659.)