View all text of Subchapter I [§ 1500 - § 1510]
§ 1507. Construction and preemption
(a) Otherwise lawful disclosures
Nothing in this subchapter shall be construed—
(1) to limit or prohibit otherwise lawful disclosures of communications, records, or other information, including reporting of known or suspected criminal activity, by a non-Federal entity to any other non-Federal entity or the Federal Government under this subchapter; or
(2) to limit or prohibit otherwise lawful use of such disclosures by any Federal entity, even when such otherwise lawful disclosures duplicate or replicate disclosures made under this subchapter.
(b) Whistle blower protections
(c) Protection of sources and methods
Nothing in this subchapter shall be construed—
(1) as creating any immunity against, or otherwise affecting, any action brought by the Federal Government, or any agency or department thereof, to enforce any law, executive order, or procedure governing the appropriate handling, disclosure, or use of classified information;
(2) to affect the conduct of authorized law enforcement or intelligence activities; or
(3) to modify the authority of a department or agency of the Federal Government to protect classified information and sources and methods and the national security of the United States.
(d) Relationship to other laws
(e) Prohibited conduct
(f) Information sharing relationships
Nothing in this subchapter shall be construed—
(1) to limit or modify an existing information sharing relationship;
(2) to prohibit a new information sharing relationship;
(3) to require a new information sharing relationship between any non-Federal entity and a Federal entity or another non-Federal entity; or
(4) to require the use of the capability and process within the Department of Homeland Security developed under section 1504(c) of this title.
(g) Preservation of contractual obligations and rights
Nothing in this subchapter shall be construed—
(1) to amend, repeal, or supersede any current or future contractual agreement, terms of service agreement, or other contractual relationship between any non-Federal entities, or between any non-Federal entity and a Federal entity; or
(2) to abrogate trade secret or intellectual property rights of any non-Federal entity or Federal entity.
(h) Anti-tasking restriction
Nothing in this subchapter shall be construed to permit a Federal entity—
(1) to require a non-Federal entity to provide information to a Federal entity or another non-Federal entity;
(2) to condition the sharing of cyber threat indicators with a non-Federal entity on such entity’s provision of cyber threat indicators to a Federal entity or another non-Federal entity; or
(3) to condition the award of any Federal grant, contract, or purchase on the provision of a cyber threat indicator to a Federal entity or another non-Federal entity.
(i) No liability for non-participation
(j) Use and retention of information
(k) Federal preemption
(1) In general
(2) State law enforcement
(l) Regulatory authority
Nothing in this subchapter shall be construed—
(1) to authorize the promulgation of any regulations not specifically authorized to be issued under this subchapter;
(2) to establish or limit any regulatory authority not specifically established or limited under this subchapter; or
(3) to authorize regulatory actions that would duplicate or conflict with regulatory requirements, mandatory standards, or related processes under another provision of Federal law.
(m) Authority of Secretary of Defense to respond to malicious cyber activity carried out by foreign powers
(n) Criminal prosecution
(Pub. L. 114–113, div. N, title I, § 108, Dec. 18, 2015, 129 Stat. 2953; Pub. L. 115–232, div. A, title XVI, § 1631(b), Aug. 13, 2018, 132 Stat. 2123.)