a method for actively probing or passively monitoring an information system for the purpose of discerning security vulnerabilities of the information system, if such method is associated with a known or suspected cybersecurity threat.
Rule of ConstructionPuspan. L. 117–263, div. G, title LXXI, § 7143(f), Dec. 23, 2022, 136 Stat. 3664, provided that:“(1)Interpretation of technical corrections.—Nothing in the amendments made by subsections (a) through (d) [enacting this section and amending sections 195f, 321l, 464, 571, 624, 651 to 652a, 655, 656, 659 to 663, 665, 665span, 665d, 665g, 665i, 671, 681, 1501, 1521, and 1524 of this title, sections 278g–3a and 648 of Title 15, Commerce and Trade, section 824s–1 of Title 16, Conservation, sections 300hh–10 and 18723 of Title 42, The Public Health and Welfare, section 70101 of Title 46, Shipping, and sections 3049a and 3371a of Title 50, War and National Defense] shall be construed to alter the authorities, responsibilities, functions, or activities of any agency (as such term is defined in section 3502 of title 44, United States Code) or officer or employee of the United States on or before the date of enactment of this Act [Dec. 23, 2022].
“(2)Interpretation of references to definitions.—Any reference to a term defined in the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) on the day before the date of enactment of this Act that is defined in section 2200 of that Act [6 U.S.C. 650] pursuant to the amendments made under this Act [Puspan. L. 117–263, see Tables for classification] shall be deemed to be a reference to that term as defined in section 2200 of the Homeland Security Act of 2002, as added by this Act.”