PLAW 115-278 - Cybersecurity and Infrastructure Security Agency Act, 2018

PLAW 115-278 - Cybersecurity and Infrastructure Security Agency Act, 2018.pdf

CISA Speaker Request Form

PLAW 115-278 - Cybersecurity and Infrastructure Security Agency Act, 2018

OMB: 1670-0047

Document [pdf]
Download: pdf | pdf
PUBLIC LAW 115–278—NOV. 16, 2018

ralbany on LAP520R082 with PUB LAWS PDF

CYBERSECURITY AND INFRASTRUCTURE
SECURITY AGENCY ACT OF 2018

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00001

Fmt 6579

Sfmt 6579

E:\PUBLAW\PUBL278.115

PUBL278

132 STAT. 4168

PUBLIC LAW 115–278—NOV. 16, 2018

Public Law 115–278
115th Congress
An Act
Nov. 16, 2018
[H.R. 3359]

Cybersecurity
and
Infrastructure
Security Agency
Act of 2018.
6 USC 101 note.

To amend the Homeland Security Act of 2002 to authorize the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland Security, and
for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Cybersecurity and Infrastructure
Security Agency Act of 2018’’.
SEC. 2. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY.

(a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C.
101 et seq.) is amended by adding at the end the following:

‘‘TITLE XXII—CYBERSECURITY AND
INFRASTRUCTURE SECURITY AGENCY
‘‘Subtitle A—Cybersecurity and
Infrastructure Security

ralbany on LAP520R082 with PUB LAWS PDF

6 USC 651.

‘‘SEC. 2201. DEFINITIONS.

‘‘In this subtitle:
‘‘(1) CRITICAL INFRASTRUCTURE INFORMATION.—The term
‘critical infrastructure information’ has the meaning given the
term in section 2222.
‘‘(2) CYBERSECURITY RISK.—The term ‘cybersecurity risk’
has the meaning given the term in section 2209.
‘‘(3) CYBERSECURITY THREAT.—The term ‘cybersecurity
threat’ has the meaning given the term in section 102(5) of
the Cybersecurity Act of 2015 (contained in division N of the
Consolidated Appropriations Act, 2016 (Public Law 114–113;
6 U.S.C. 1501)).
‘‘(4) NATIONAL CYBERSECURITY ASSET RESPONSE ACTIVITIES.—The term ‘national cybersecurity asset response activities’ means—
‘‘(A) furnishing cybersecurity technical assistance to
entities affected by cybersecurity risks to protect assets,
mitigate vulnerabilities, and reduce impacts of cyber
incidents;
‘‘(B) identifying other entities that may be at risk of
an incident and assessing risk to the same or similar
vulnerabilities;

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00002

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

PUBL278

PUBLIC LAW 115–278—NOV. 16, 2018

132 STAT. 4169

‘‘(C) assessing potential cybersecurity risks to a sector
or region, including potential cascading effects, and developing courses of action to mitigate such risks;
‘‘(D) facilitating information sharing and operational
coordination with threat response; and
‘‘(E) providing guidance on how best to utilize Federal
resources and capabilities in a timely, effective manner
to speed recovery from cybersecurity risks.
‘‘(5) SECTOR-SPECIFIC AGENCY.—The term ‘Sector-Specific
Agency’ means a Federal department or agency, designated
by law or presidential directive, with responsibility for providing
institutional knowledge and specialized expertise of a sector,
as well as leading, facilitating, or supporting programs and
associated activities of its designated critical infrastructure
sector in the all hazards environment in coordination with
the Department.
‘‘(6) SHARING.—The term ‘sharing’ has the meaning given
the term in section 2209.

ralbany on LAP520R082 with PUB LAWS PDF

‘‘SEC.

2202.

CYBERSECURITY
AGENCY.

AND

INFRASTRUCTURE

SECURITY

‘‘(a) REDESIGNATION.—
‘‘(1) IN GENERAL.—The National Protection and Programs
Directorate of the Department shall, on and after the date
of the enactment of this subtitle, be known as the ‘Cybersecurity
and Infrastructure Security Agency’ (in this subtitle 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 subtitle
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 103(a)(1)(H) as in effect on the day
before the date of enactment of this subtitle 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, United
States Code, and the Cybersecurity Act of 2015 (contained

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00003

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

6 USC 652.

Coordination.

PUBL278

132 STAT. 4170

Collaboration.

Consultation.
Collaboration.

Strategic plans.
Risk
assessments.

ralbany on LAP520R082 with PUB LAWS PDF

Assessments.

VerDate Sep 11 2014

03:28 Aug 28, 2019

PUBLIC LAW 115–278—NOV. 16, 2018

in division N of the Consolidated Appropriations Act, 2016
(Public Law 114–113));
‘‘(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 Act;
‘‘(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 title XVIII;
‘‘(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 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

Jkt 089139

PO 00278

Frm 00004

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

PUBL278

ralbany on LAP520R082 with PUB LAWS PDF

PUBLIC LAW 115–278—NOV. 16, 2018

132 STAT. 4171

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 202, the timely
and efficient access by the Department to all information
necessary to discharge the responsibilities under this title,
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
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

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00005

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

Recommendations.

Coordination.
Plan.

Recommendations.

Review.
Analysis.
Recommendations.

Consultation.

PUBL278

132 STAT. 4172

enforcement-related information, relating to threats of terrorism against the United States.
‘‘(J) To ensure that any material received pursuant
to this Act 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
201(g).
‘‘(P) To carry out the functions of the national cybersecurity and communications integration center under section
2209.
‘‘(Q) To carry out the requirements of the Chemical
Facility Anti-Terrorism Standards Program established
under title XXI and the secure handling of ammonium
nitrate program established under subtitle J of title VIII,
or any successor programs.
‘‘(2) REALLOCATION.—The Secretary may reallocate within
the Agency the functions specified in sections 2203(b) and
2204(b), 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.

Coordination.

Coordination.

ralbany on LAP520R082 with PUB LAWS PDF

Certification.
Briefing.
Public
information.
Time period.

VerDate Sep 11 2014

03:28 Aug 28, 2019

PUBLIC LAW 115–278—NOV. 16, 2018

Jkt 089139

PO 00278

Frm 00006

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

PUBL278

ralbany on LAP520R082 with PUB LAWS PDF

PUBLIC LAW 115–278—NOV. 16, 2018

132 STAT. 4173

‘‘(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.
‘‘(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 non-reimbursable 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 title
XVIII, 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;

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00007

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

Personal
information.

PUBL278

132 STAT. 4174

Evaluation.

Assessment.

6 USC 653.

‘‘(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, United States
Code (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
‘‘(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 title may be construed as
affecting in any manner the authority, existing on the day before
the date of enactment of this title, of any other component of
the Department or any other Federal department or agency,
including the authority provided to the Sector-Specific 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).
‘‘SEC. 2203. CYBERSECURITY DIVISION.

‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is established in the Agency a
Cybersecurity Division.
‘‘(2) ASSISTANT DIRECTOR.—The Cybersecurity Division
shall be headed by an Assistant Director for Cybersecurity
(in this section referred to as the ‘Assistant Director’), who
shall—
‘‘(A) be at the level of Assistant Secretary within the
Department;
‘‘(B) be appointed by the President without the advice
and consent of the Senate; and
‘‘(C) report to the Director.
‘‘(3) REFERENCE.—Any reference to the Assistant Secretary
for Cybersecurity and Communications in any law, regulation,
map, document, record, or other paper of the United States
shall be deemed to be a reference to the Assistant Director
for Cybersecurity.
‘‘(b) FUNCTIONS.—The Assistant Director shall—
‘‘(1) direct the cybersecurity efforts of the Agency;
‘‘(2) carry out activities, at the direction of the Director,
related to the security of Federal information and Federal
information systems consistent with law, including subchapter
II of chapter 35 of title 44, United States Code, and the Cybersecurity Act of 2015 (contained in division N of the Consolidated
Appropriations Act, 2016 (Public Law 114–113));
‘‘(3) fully participate in the mechanisms required under
section 2202(c)(7); and
‘‘(4) carry out such other duties and powers as prescribed
by the Director.

Appointment.
President.

ralbany on LAP520R082 with PUB LAWS PDF

6 USC 654.

PUBLIC LAW 115–278—NOV. 16, 2018

‘‘SEC. 2204. INFRASTRUCTURE SECURITY DIVISION.

‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is established in the Agency an
Infrastructure Security Division.
‘‘(2) ASSISTANT DIRECTOR.—The Infrastructure Security
Division shall be headed by an Assistant Director for Infrastructure Security (in this section referred to as the ‘Assistant
Director’), who shall—

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00008

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

PUBL278

ralbany on LAP520R082 with PUB LAWS PDF

PUBLIC LAW 115–278—NOV. 16, 2018

132 STAT. 4175

‘‘(A) be at the level of Assistant Secretary within the
Department;
‘‘(B) be appointed by the President without the advice
and consent of the Senate; and
‘‘(C) report to the Director.
‘‘(3) REFERENCE.—Any reference to the Assistant Secretary
for Infrastructure Protection in any law, regulation, map, document, record, or other paper of the United States shall be
deemed to be a reference to the Assistant Director for Infrastructure Security.
‘‘(b) FUNCTIONS.—The Assistant Director shall—
‘‘(1) direct the critical infrastructure security efforts of the
Agency;
‘‘(2) carry out, at the direction of the Director, the Chemical
Facilities Anti-Terrorism Standards Program established under
title XXI and the secure handling of ammonium nitrate program
established under subtitle J of title VIII, or any successor
programs;
‘‘(3) fully participate in the mechanisms required under
section 2202(c)(7); and
‘‘(4) carry out such other duties and powers as prescribed
by the Director.’’.
(b) TREATMENT OF CERTAIN POSITIONS.—
(1) UNDER SECRETARY.—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 may continue to serve as
the Director of Cybersecurity and Infrastructure Security of
the Department on and after such date.
(2) DIRECTOR FOR EMERGENCY COMMUNICATIONS.—The individual serving as the Director for Emergency Communications
of the Department of Homeland Security on the day before
the date of enactment of this Act may continue to serve as
the Assistant Director for Emergency Communications of the
Department on and after such date.
(3) ASSISTANT SECRETARY FOR CYBERSECURITY AND COMMUNICATIONS.—The individual serving as the Assistant Secretary
for Cybersecurity and Communications on the day before the
date of enactment of this Act may continue to serve as the
Assistant Director for Cybersecurity on and after such date.
(4) ASSISTANT SECRETARY FOR INFRASTRUCTURE PROTECTION.—The individual serving as the Assistant Secretary for
Infrastructure Protection on the day before the date of enactment of this Act may continue to serve as the Assistant Director
for Infrastructure Security on and after such date.
(c) REFERENCE.—Any reference to—
(1) the Office of Emergency Communications in any law,
regulation, map, document, record, or other paper of the United
States shall be deemed to be a reference to the Emergency
Communications Division; and
(2) the Director for Emergency Communications in any
law, regulation, map, document, record, or other paper of the
United States shall be deemed to be a reference to the Assistant
Director for Emergency Communications.
(d) OVERSIGHT.—The Director of Cybersecurity and Infrastructure Security of the Department of Homeland Security shall provide

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00009

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

Appointment.
President.

6 USC 652 note.

6 USC 571 note.

6 USC 653 note.

6 USC 654 note.

6 USC 571 note.

Deadlines.

PUBL278

132 STAT. 4176

Briefing.

Briefing.

Coordination.
Reports.

ralbany on LAP520R082 with PUB LAWS PDF

Reports.

VerDate Sep 11 2014

03:28 Aug 28, 2019

PUBLIC LAW 115–278—NOV. 16, 2018

to Congress, in accordance with the deadlines specified in paragraphs (1) through (6), information on the following:
(1) Not later than 60 days after the date of enactment
of this Act, a briefing on the activities of the Agency relating
to the development and use of the mechanisms required pursuant to section 2202(c)(6) of the Homeland Security Act of 2002
(as added by subsection (a)).
(2) Not later than 1 year after the date of the enactment
of this Act, a briefing on the activities of the Agency relating
to the use and improvement by the Agency of the mechanisms
required pursuant to section 2202(c)(6) of the Homeland Security Act of 2002 and how such activities have impacted coordination, situational awareness, and communications with SectorSpecific Agencies.
(3) Not later than 90 days after the date of the enactment
of this Act, information on the mechanisms of the Agency
for regular and ongoing consultation and collaboration, as
required pursuant to section 2202(c)(7) of the Homeland Security Act of 2002 (as added by subsection (a)).
(4) Not later than 1 year after the date of the enactment
of this Act, information on the activities of the consultation
and collaboration mechanisms of the Agency as required pursuant to section 2202(c)(7) of the Homeland Security Act of 2002,
and how such mechanisms have impacted operational coordination, situational awareness, and integration across the Agency.
(5) Not later than 180 days after the date of enactment
of this Act, information, which shall be made publicly available
and updated as appropriate, on the mechanisms and structures
of the Agency responsible for stakeholder outreach and engagement, as required under section 2202(c)(10) of the Homeland
Security Act of 2002 (as added by subsection (a)).
(e) CYBER WORKFORCE.—Not later than 90 days after the date
of enactment of this Act, the Director of the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security, in coordination with the Director of the Office of Personnel
Management, shall submit to Congress a report detailing how the
Agency is meeting legislative requirements under the Cybersecurity
Workforce Assessment Act (Public Law 113–246; 128 Stat. 2880)
and the Homeland Security Cybersecurity Workforce Assessment
Act (enacted as section 4 of the Border Patrol Agent Pay Reform
Act of 2014; Public Law 113–277) to address cyber workforce needs.
(f) FACILITY.—Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security
shall report to Congress on the most efficient and effective methods
of consolidating Agency facilities, personnel, and programs to most
effectively carry out the Agency’s mission.
(g) TECHNICAL AND CONFORMING AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.—The Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is amended—
(1) by amending section 103(a)(1)(H) (6 U.S.C. 113(a)(1)(H))
to read as follows:
‘‘(H) A Director of the Cybersecurity and Infrastructure
Security Agency.’’;
(2) in title II (6 U.S.C. 121 et seq.)—
(A) in the title heading, by striking ‘‘AND INFRASTRUCTURE PROTECTION’’;

Jkt 089139

PO 00278

Frm 00010

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

PUBL278

ralbany on LAP520R082 with PUB LAWS PDF

PUBLIC LAW 115–278—NOV. 16, 2018

132 STAT. 4177

(B) in the subtitle A heading, by striking ‘‘and Infrastructure Protection’’;
(C) in section 201 (6 U.S.C. 121)—
(i) in the section heading, by striking ‘‘AND INFRASTRUCTURE PROTECTION’’;
(ii) in subsection (a)—
(I) in the subsection heading, by striking ‘‘AND
INFRASTRUCTURE PROTECTION’’; and
(II) by striking ‘‘and an Office of Infrastructure
Protection’’;
(iii) in subsection (b)—
(I) in the subsection heading, by striking ‘‘AND
ASSISTANT SECRETARY FOR INFRASTRUCTURE
PROTECTION’’; and
(II) by striking paragraph (3);
(iv) in subsection (c)—
(I) by striking ‘‘and infrastructure protection’’;
and
(II) by striking ‘‘or the Assistant Secretary
for Infrastructure Protection, as appropriate’’;
(v) in subsection (d)—
(I) in the subsection heading, by striking ‘‘AND
INFRASTRUCTURE PROTECTION’’;
(II) in the matter preceding paragraph (1),
by striking ‘‘and infrastructure protection’’;
(III) by striking paragraphs (5), (6), and (25);
(IV) by redesignating paragraphs (7) through
(24) as paragraphs (5) through (22), respectively;
(V) by redesignating paragraph (26) as paragraph (23); and
(VI) in paragraph (23)(B)(i), as so redesignated, by striking ‘‘section 319’’ and inserting ‘‘section 320’’;
(vi) in subsection (e)(1), by striking ‘‘and the Office
of Infrastructure Protection’’; and
(vii) in subsection (f)(1), by striking ‘‘and the Office
of Infrastructure Protection’’;
(D) in section 202 (6 U.S.C. 122)—
(i) in subsection (c), in the matter preceding paragraph (1), by striking ‘‘Director of Central Intelligence’’
and inserting ‘‘Director of National Intelligence’’; and
(ii) in subsection (d)(2), by striking ‘‘Director of
Central Intelligence’’ and inserting ‘‘Director of
National Intelligence’’;
(E) in section 204 (6 U.S.C. 124a)—
(i) in subsection (c)(1), in the matter preceding
subparagraph (A), by striking ‘‘Assistant Secretary for
Infrastructure Protection’’ and inserting ‘‘Director of
the Cybersecurity and Infrastructure Security Agency’’;
and
(ii) in subsection (d)(1), in the matter preceding
subparagraph (A), by striking ‘‘Assistant Secretary for
Infrastructure Protection’’ and inserting ‘‘Director of
the Cybersecurity and Infrastructure Security Agency’’;
(F) in section 210A(c)(2)(B) (6 U.S.C. 124h(c)(2)(B)),
by striking ‘‘Office of Infrastructure Protection’’ and

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00011

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

PUBL278

132 STAT. 4178

6 USC 664.
6 USC 671–674.

6 USC 655–663.

ralbany on LAP520R082 with PUB LAWS PDF

6 USC 124m.

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PUBLIC LAW 115–278—NOV. 16, 2018
inserting ‘‘Cybersecurity and Infrastructure Security
Agency’’;
(G) by redesignating section 210E (6 U.S.C. 124l) as
section 2214 and transferring such section to appear after
section 2213 (as redesignated by subparagraph (I));
(H) in subtitle B, by redesignating sections 211 through
215 (6 U.S.C. 101 note, and 131 through 134) as sections
2221 through 2225, respectively, and transferring such subtitle, including the enumerator and heading of subtitle
B and such sections, to appear after section 2214 (as
redesignated by subparagraph (G));
(I) by redesignating sections 223 through 230 (6 U.S.C.
143 through 151) as sections 2205 through 2213, respectively, and transferring such sections to appear after section
2204, as added by this Act;
(J) by redesignating section 210F as section 210E; and
(K) by redesignating subtitles C and D as subtitles
B and C, respectively;
(3) in title III (6 U.S.C. 181 et seq.)—
(A) in section 302 (6 U.S.C. 182)—
(i) by striking ‘‘biological,,’’ each place that term
appears and inserting ‘‘biological,’’; and
(ii) in paragraph (3), by striking ‘‘Assistant Secretary for Infrastructure Protection’’ and inserting
‘‘Director of the Cybersecurity and Infrastructure Security Agency’’;
(B) by redesignating the second section 319 (6 U.S.C.
195f) (relating to EMP and GMD mitigation research and
development) as section 320; and
(C) in section 320(c)(1), as so redesignated, by striking
‘‘Section 214’’ and inserting ‘‘Section 2224’’;
(4) in title V (6 U.S.C. 311 et seq.)—
(A) in section 508(d)(2)(D) (6 U.S.C. 318(d)(2)(D)), by
striking ‘‘The Director of the Office of Emergency Communications of the Department of Homeland Security’’ and
inserting ‘‘The Assistant Director for Emergency Communications’’;
(B) in section 514 (6 U.S.C. 321c)—
(i) by striking subsection (b); and
(ii) by redesignating subsection (c) as subsection
(b); and
(C) in section 523 (6 U.S.C. 321l)—
(i) in subsection (a), in the matter preceding paragraph (1), by striking ‘‘Assistant Secretary for Infrastructure Protection’’ and inserting ‘‘Director of Cybersecurity and Infrastructure Security’’; and
(ii) in subsection (c), by striking ‘‘Assistant Secretary for Infrastructure Protection’’ and inserting
‘‘Director of Cybersecurity and Infrastructure Security’’;
(5) in title VIII (6 U.S.C. 361 et seq.)—
(A) in section 884(d)(4)(A)(ii) (6 U.S.C. 464(d)(4)(A)(ii)),
by striking ‘‘Under Secretary responsible for overseeing
critical infrastructure protection, cybersecurity, and other
related programs of the Department’’ and inserting
‘‘Director of Cybersecurity and Infrastructure Security’’;
and

PO 00278

Frm 00012

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

PUBL278

ralbany on LAP520R082 with PUB LAWS PDF

PUBLIC LAW 115–278—NOV. 16, 2018

132 STAT. 4179

(B) in section 899B(a) (6 U.S.C. 488a(a)), by adding
at the end the following: ‘‘Such regulations shall be carried
out by the Cybersecurity and Infrastructure Security
Agency.’’;
(6) in title XVIII (6 U.S.C. 571 et seq.)—
(A) in section 1801 (6 U.S.C. 571)—
(i) in the section heading, by striking ‘‘OFFICE
OF EMERGENCY COMMUNICATIONS’’ and inserting
‘‘EMERGENCY COMMUNICATIONS DIVISION’’;
(ii) in subsection (a)—
(I) by striking ‘‘Office of Emergency Communications’’ and inserting ‘‘Emergency Communications Division’’; and
(II) by adding at the end the following: ‘‘The
Division shall be located in the Cybersecurity and
Infrastructure Security Agency.’’;
(iii) by amending subsection (b) to read as follows:
‘‘(b) ASSISTANT DIRECTOR.—The head of the Division shall be
the Assistant Director for Emergency Communications. The Assistant Director shall report to the Director of Cybersecurity and Infrastructure Security. All decisions of the Assistant Director that entail
the exercise of significant authority shall be subject to the approval
of the Director of Cybersecurity and Infrastructure Security.’’;
(iv) in subsection (c)—
(I) in the matter preceding paragraph (1), by
inserting ‘‘Assistant’’ before ‘‘Director’’;
(II) in paragraph (14), by striking ‘‘and’’ at
the end;
(III) in paragraph (15), by striking the period
at the end and inserting ‘‘; and’’; and
(IV) by inserting after paragraph (15) the following:
‘‘(16) fully participate in the mechanisms required under
section 2202(c)(7).’’;
(v) in subsection (d), in the matter preceding paragraph (1), by inserting ‘‘Assistant’’ before ‘‘Director’’;
and
(vi) in subsection (e), in the matter preceding paragraph (1), by inserting ‘‘Assistant’’ before ‘‘Director’’;
(B) in sections 1802 through 1805 (6 U.S.C. 572
through 575), by striking ‘‘Director for Emergency Communications’’ each place that term appears and inserting
‘‘Assistant Director for Emergency Communications’’;
(C) in section 1809 (6 U.S.C. 579)—
(i) by striking ‘‘Director of Emergency Communications’’ each place that term appears and inserting
‘‘Assistant Director for Emergency Communications’’;
(ii) in subsection (b)—
(I) by striking ‘‘Director for Emergency
Communications’’
and
inserting
‘‘Assistant
Director for Emergency Communications’’; and
(II) by striking ‘‘Office of Emergency Communications’’ and inserting ‘‘Emergency Communications Division’’;
(iii) in subsection (e)(3), by striking ‘‘the Director’’
and inserting ‘‘the Assistant Director’’; and
(iv) in subsection (m)(1)—

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00013

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

PUBL278

ralbany on LAP520R082 with PUB LAWS PDF

132 STAT. 4180

PUBLIC LAW 115–278—NOV. 16, 2018
(I) by striking ‘‘The Director’’ and inserting
‘‘The Assistant Director’’;
(II) by striking ‘‘the Director determines’’ and
inserting ‘‘the Assistant Director determines’’; and
(III) by striking ‘‘Office of Emergency Communications’’ and inserting ‘‘Cybersecurity and Infrastructure Security Agency’’;
(D) in section 1810 (6 U.S.C. 580)—
(i) in subsection (a)(1), by striking ‘‘Director of
the Office of Emergency Communications (referred to
in this section as the ‘Director’)’’ and inserting ‘‘Assistant Director for Emergency Communications (referred
to in this section as the ‘Assistant Director’)’’;
(ii) in subsection (c), by striking ‘‘Office of Emergency Communications’’ and inserting ‘‘Emergency
Communications Division’’; and
(iii) by striking ‘‘Director’’ each place that term
appears and inserting ‘‘Assistant Director’’;
(7) in title XX (6 U.S.C. 601 et seq.)—
(A) in paragraph (4)(A)(iii)(II) of section 2001 (6 U.S.C.
601), by striking ‘‘section 210E(a)(2)’’ and inserting ‘‘section
2214(a)(2)’’;
(B) in section 2008(a)(3) (6 U.S.C. 609(a)(3)), by striking
‘‘section 210E(a)(2)’’ and inserting ‘‘section 2214(a)(2)’’; and
(C) in section 2021 (6 U.S.C. 611)—
(i) by striking subsection (c); and
(ii) by redesignating subsection (d) as subsection
(c);
(8) in title XXI (6 U.S.C. 621 et seq.)—
(A) in section 2102(a)(1) (6 U.S.C. 622(a)(1)), by
inserting ‘‘, which shall be located in the Cybersecurity
and Infrastructure Security Agency’’ before the period at
the end; and
(B) in section 2104(c)(2) (6 U.S.C. 624(c)(2)), by striking
‘‘Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department appointed under section
103(a)(1)(H)’’ and inserting ‘‘Director of Cybersecurity and
Infrastructure Security’’; and
(9) in title XXII, as added by this Act—
(A) in subtitle A—
(i) in section 2205, as so redesignated—
(I) in the matter preceding paragraph (1)—
(aa) by striking ‘‘section 201’’ and
inserting ‘‘section 2202’’; and
(bb) by striking ‘‘Under Secretary
appointed under section 103(a)(1)(H)’’ and
inserting ‘‘Director of Cybersecurity and Infrastructure Security’’; and
(II) in paragraph (1)(B), by striking ‘‘and’’ at
the end;
(ii) in section 2206, as so redesignated, by striking
‘‘Assistant Secretary for Infrastructure Protection’’ and
inserting ‘‘Director of Cybersecurity and Infrastructure
Security’’;
(iii) in section 2209, as so redesignated—

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00014

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

PUBL278

ralbany on LAP520R082 with PUB LAWS PDF

PUBLIC LAW 115–278—NOV. 16, 2018

132 STAT. 4181

(I) by striking ‘‘Under Secretary appointed
under section 103(a)(1)(H)’’ each place that term
appears and inserting ‘‘Director’’;
(II) in subsection (a)(4), by striking ‘‘section
212(5)’’ and inserting ‘‘section 2222(5)’’;
(III) in subsection (b), by adding at the end
the following: ‘‘The Center shall be located in the
Cybersecurity and Infrastructure Security Agency.
The head of the Center shall report to the Assistant Director for Cybersecurity.’’; and
(IV) in subsection (c)(11), by striking ‘‘Office
of Emergency Communications’’ and inserting
‘‘Emergency Communications Division’’;
(iv) in section 2210, as so redesignated—
(I) by striking ‘‘section 227’’ each place that
term appears and inserting ‘‘section 2209’’; and
(II) in subsection (c)—
(aa) by striking ‘‘Under Secretary
appointed under section 103(a)(1)(H)’’ and
inserting ‘‘Director of Cybersecurity and Infrastructure Security’’; and
(bb) by striking ‘‘section 212(5)’’ and
inserting ‘‘section 2222(5)’’;
(v) in section 2211(b)(2)(A), as so redesignated,
by striking ‘‘the section 227’’ and inserting ‘‘section
2209’’;
(vi) in section 2212, as so redesignated, by striking
‘‘section 212(5)’’ and inserting ‘‘section 2222(5)’’;
(vii) in section 2213(a), as so redesignated—
(I) in paragraph (3), by striking ‘‘section 228’’
and inserting ‘‘section 2210’’; and
(II) in paragraph (4), by striking ‘‘section 227’’
and inserting ‘‘section 2209’’; and
(viii) in section 2214, as so redesignated—
(I) by striking subsection (e); and
(II) by redesignating subsection (f) as subsection (e); and
(B) in subtitle B—
(i) in section 2222(8), as so redesignated, by
striking ‘‘section 227’’ and inserting ‘‘section 2209’’; and
(ii) in section 2224(h), as so redesignated, by
striking ‘‘section 213’’ and inserting ‘‘section 2223’’;
(h) TECHNICAL AND CONFORMING AMENDMENTS TO OTHER
LAWS.—
(1) CYBERSECURITY ACT OF 2015.—The Cybersecurity Act
of 2015 (6 U.S.C. 1501 et seq.) is amended—
(A) in section 202(2) (6 U.S.C. 131 note)—
(i) by striking ‘‘section 227’’ and inserting ‘‘section
2209’’; and
(ii) by striking ‘‘, as so redesignated by section
223(a)(3) of this division’’;
(B) in section 207(2) (Public Law 114–113; 129 Stat.
2962)—
(i) by striking ‘‘section 227’’ and inserting ‘‘section
2209’’; and
(ii) by striking ‘‘, as redesignated by section 223(a)
of this division,’’;

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00015

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

PUBL278

ralbany on LAP520R082 with PUB LAWS PDF

132 STAT. 4182

PUBLIC LAW 115–278—NOV. 16, 2018
(C) in section 208 (Public Law 114–113; 129 Stat.
2962), by striking ‘‘Under Secretary appointed under section 103(a)(1)(H) of the Homeland Security Act of 2002
(6 U.S.C. 113(a)(1)(H))’’ and inserting ‘‘Director of Cybersecurity and Infrastructure Security of the Department’’;
(D) in section 222 (6 U.S.C. 1521)—
(i) in paragraph (2)—
(I) by striking ‘‘section 228’’ and inserting ‘‘section 2210’’; and
(II) by striking ‘‘, as added by section 223(a)(4)
of this division’’; and
(ii) in paragraph (4)—
(I) by striking ‘‘section 227’’ and inserting ‘‘section 2209’’; and
(II) by striking ‘‘, as so redesignated by section
223(a)(3) of this division’’;
(E) in section 223(b) (6 U.S.C. 151 note)—
(i) by striking ‘‘section 230(b)(1) of the Homeland
Security Act of 2002, as added by subsection (a)’’ each
place that term appears and inserting ‘‘section
2213(b)(1) of the Homeland Security Act of 2002’’; and
(ii) in paragraph (1)(B), by striking ‘‘section
230(b)(2) of the Homeland Security Act of 2002, as
added by subsection (a)’’ and inserting ‘‘section
2213(b)(2) of the Homeland Security Act of 2002’’;
(F) in section 226 (6 U.S.C. 1524)—
(i) in subsection (a)—
(I) in paragraph (1)—
(aa) by striking ‘‘section 230’’ and
inserting ‘‘section 2213’’; and
(bb) by striking ‘‘, as added by section
223(a)(6) of this division’’;
(II) in paragraph (4)—
(aa) by striking ‘‘section 228(b)(1)’’ and
inserting ‘‘section 2210(b)(1)’’; and
(bb) by striking ‘‘, as added by section
223(a)(4) of this division’’; and
(III) in paragraph (5)—
(aa) by striking ‘‘section 230(b)’’ and
inserting ‘‘section 2213(b)’’; and
(bb) by striking ‘‘, as added by section
223(a)(6) of this division’’; and
(ii) in subsection (c)(1)(A)(vi)—
(I) by striking ‘‘section 230(c)(5)’’ and inserting
‘‘section 2213(c)(5)’’; and
(II) by striking ‘‘, as added by section 223(a)(6)
of this division’’;
(G) in section 227 (6 U.S.C. 1525)—
(i) in subsection (a)—
(I) by striking ‘‘section 230’’ and inserting ‘‘section 2213’’; and
(II) by striking ‘‘, as added by section 223(a)(6)
of this division,’’; and
(ii) in subsection (b)—
(I) by striking ‘‘section 230(d)(2)’’ and inserting
‘‘section 2213(d)(2)’’; and

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00016

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

PUBL278

PUBLIC LAW 115–278—NOV. 16, 2018

132 STAT. 4183

(II) by striking ‘‘, as added by section 223(a)(6)
of this division,’’; and
(H) in section 404 (6 U.S.C. 1532)—
(i) by striking ‘‘Director for Emergency Communications’’ each place that term appears and inserting
‘‘Assistant Director for Emergency Communications’’;
and
(ii) in subsection (a)—
(I) by striking ‘‘section 227’’ and inserting ‘‘section 2209’’; and
(II) by striking ‘‘, as redesignated by section
223(a)(3) of this division,’’.
(2) SMALL BUSINESS ACT.—Section 21(a)(8)(B) of the Small
Business Act (15 U.S.C. 648(a)(8)(B)) is amended by striking
‘‘section 227(a) of the Homeland Security Act of 2002 (6 U.S.C.
148(a))’’ and inserting ‘‘section 2209(a) of the Homeland Security Act of 2002’’.
(3) TITLE 5.—Subchapter II of chapter 53 of title 5, United
States Code, is amended—
(A) in section 5314, by inserting after ‘‘Under Secretaries, Department of Homeland Security.’’ the following:
‘‘Director, Cybersecurity and Infrastructure Security
Agency.’’; and
(B) in section 5315, by inserting after ‘‘Assistant Secretaries, Department of Homeland Security.’’ the following:
‘‘Assistant Director for Cybersecurity, Cybersecurity and
Infrastructure Security Agency.
‘‘Assistant Director for Infrastructure Security, Cybersecurity and Infrastructure Security Agency.’’.
(i) TABLE OF CONTENTS AMENDMENTS.—The table of contents
in section 1(b) of the Homeland Security Act of 2002 (Public Law
107–296; 116 Stat. 2135) is amended—
(1) by striking the item relating to title II and inserting
the following:
‘‘TITLE II—INFORMATION ANALYSIS’’;

(2) by striking the item relating to subtitle A of title II
and inserting the following:
‘‘Subtitle A—Information and Analysis; Access to Information’’;

(3) by striking the item relating to section 201 and inserting
the following:
‘‘Sec. 201. Information and analysis.’’;

(4) by striking the items relating to sections 210E and
210F and inserting the following:

ralbany on LAP520R082 with PUB LAWS PDF

‘‘Sec. 210E. Classified Information Advisory Officer.’’;

(5) by striking the items relating to subtitle B of title
II and sections 211 through 215;
(6) by striking the items relating to section 223 through
section 230;
(7) by striking the item relating to subtitle C and inserting
the following:

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00017

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

PUBL278

132 STAT. 4184

PUBLIC LAW 115–278—NOV. 16, 2018
‘‘Subtitle B—Information Security’’;

(8) by striking the item relating to subtitle D and inserting
the following:
‘‘Subtitle C—Office of Science and Technology’’;

(9) by striking the items relating to sections 317, 319,
318, and 319 and inserting the following:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

317.
318.
319.
320.

Promoting antiterrorism through international cooperation program.
Social media working group.
Transparency in research and development.
EMP and GMD mitigation research and development.’’;

(10) by striking the item relating to section 1801 and
inserting the following:
‘‘Sec. 1801. Emergency Communications Division.’’; and

(11) by adding at the end the following:
‘‘TITLE XXII—CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY

ralbany on LAP520R082 with PUB LAWS PDF

2201.
2202.
2203.
2204.
2205.
2206.
2207.
2208.
2209.
2210.
2211.
2212.
2213.
2214.

‘‘Subtitle A—Cybersecurity and Infrastructure Security
Definitions.
Cybersecurity and Infrastructure Security Agency.
Cybersecurity Division.
Infrastructure Security Division.
Enhancement of Federal and non-Federal cybersecurity.
Net guard.
Cyber Security Enhancement Act of 2002.
Cybersecurity recruitment and retention.
National cybersecurity and communications integration center.
Cybersecurity plans.
Cybersecurity strategy.
Clearances.
Federal intrusion detection and prevention system.
National Asset Database.

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

2221.
2222.
2223.
2224.
2225.

‘‘Subtitle B—Critical Infrastructure Information
Short title.
Definitions.
Designation of critical infrastructure protection program.
Protection of voluntarily shared critical infrastructure information.
No private right of action.’’.

6 USC 452 note.

SEC. 3. TRANSFER OF OTHER ENTITIES.

Effective date.

(a) OFFICE OF BIOMETRIC IDENTITY MANAGEMENT.—The Office
of Biometric Identity Management of the Department of Homeland
Security located in the National Protection and Programs Directorate of the Department of Homeland Security on the day before
the date of enactment of this Act is hereby transferred to the
Management Directorate of the Department.
(b) FEDERAL PROTECTIVE SERVICE.—
(1) IN GENERAL.—Not later than 90 days after the completion of the Government Accountability Office review of the
organizational placement of the Federal Protective Service
(authorized under section 1315 of title 40, United States Code),
the Secretary of Homeland Security shall determine the appropriate placement of the Service within the Department of Homeland Security and commence the transfer of the Service to
such component, directorate, or other office of the Department
that the Secretary so determines appropriate.
(2) EXCEPTION.—If the Secretary of Homeland Security
determines pursuant to paragraph (1) that no component, directorate, or other office of the Department of Homeland Security

Deadline.
Determination.

Determination.
Deadlines.

VerDate Sep 11 2014

‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00018

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

PUBL278

PUBLIC LAW 115–278—NOV. 16, 2018

132 STAT. 4185

is an appropriate placement for the Federal Protective Service,
the Secretary shall—
(A) provide to the Committee on Homeland Security
and the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate
and the Office of Management and Budget a detailed explanation, in writing, of the reason for such determination
that includes—
(i) information on how the Department considered
the Government Accountability Office review described
in such paragraph;
(ii) a list of the components, directorates, or other
offices of the Department that were considered for
such placement; and
(iii) information on why each such component,
directorate, or other office of the Department was
determined to not be an appropriate placement for
the Service;
(B) not later than 120 days after the completion of
the Government Accountability Office review described in
such paragraph, develop and submit to the committees
specified in subparagraph (A) and the Office of Management and Budget a plan to coordinate with other appropriate Federal agencies, including the General Services
Administration, to determine a more appropriate placement
for the Service; and
(C) not later than 180 days after the completion of
such Government Accountability Office review, submit to
such committees and the Office of Management and Budget
a recommendation regarding the appropriate placement
of the Service within the executive branch of the Federal
Government.

Lists.

Coordination
plan.
Determination.

Recommendations.

ralbany on LAP520R082 with PUB LAWS PDF

SEC. 4. DHS REPORT ON CLOUD-BASED CYBERSECURITY.

(a) DEFINITION.—In this section, the term ‘‘Department’’ means
the Department of Homeland Security.
(b) REPORT.—Not later than 120 days after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Director of the Office of Management and Budget
and the Administrator of General Services, shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Oversight and Government
Reform and the Committee on Homeland Security of the House
of Representatives a report on the leadership role of the Department
in cloud-based cybersecurity deployments for civilian Federal
departments and agencies, which shall include—
(1) information on the plan of the Department for ensuring
access to a security operations center as a service capability
in accordance with the December 19, 2017 Report to the President on Federal IT Modernization issued by the American
Technology Council;
(2) information on what service capabilities under paragraph (1) the Department will prioritize, including—
(A) criteria the Department will use to evaluate
capabilities offered by the private sector; and

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00019

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL278.115

Coordination.

Criteria.

PUBL278

132 STAT. 4186

PUBLIC LAW 115–278—NOV. 16, 2018
(B) how Federal government- and private sector-provided capabilities will be integrated to enable visibility
and consistency of such capabilities across all cloud and
on premise environments, as called for in the report
described in paragraph (1); and
(3) information on how the Department will adapt the
current capabilities of, and future enhancements to, the intrusion detection and prevention system of the Department and
the Continuous Diagnostics and Mitigation Program of the
Department to secure civilian Federal government networks
in a cloud environment.

6 USC 651 note.

SEC. 5. RULE OF CONSTRUCTION.

Nothing in this Act or an amendment made by this Act may
be construed as—
(1) conferring new authorities to the Secretary of Homeland
Security, including programmatic, regulatory, or enforcement
authorities, outside of the authorities in existence on the day
before the date of enactment of this Act;
(2) reducing or limiting the programmatic, regulatory, or
enforcement authority vested in any other Federal agency by
statute; or
(3) affecting in any manner the authority, existing on the
day before the date of enactment of this Act, of any other
Federal agency or component of the Department of Homeland
Security.
SEC. 6. PROHIBITION ON ADDITIONAL FUNDING.

No additional funds are authorized to be appropriated to carry
out this Act or the amendments made by this Act. This Act and
the amendments made by this Act shall be carried out using
amounts otherwise authorized.
Approved November 16, 2018.

ralbany on LAP520R082 with PUB LAWS PDF

LEGISLATIVE HISTORY—H.R. 3359:
HOUSE REPORTS: No. 115–454, Pt. 1 (Comm. on Homeland Security).
CONGRESSIONAL RECORD:
Vol. 163 (2017): Dec. 11, considered and passed House.
Vol. 164 (2018): Oct. 3, considered and passed Senate, amended.
Nov. 13, House concurred in Senate amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
Nov. 16, Presidential remarks.

Æ

VerDate Sep 11 2014

03:28 Aug 28, 2019

Jkt 089139

PO 00278

Frm 00020

Fmt 6580

Sfmt 6580

E:\PUBLAW\PUBL278.115

PUBL278


File Typeapplication/pdf
File TitlePUBL278.PS
File Modified2019-09-19
File Created2019-09-10

© 2024 OMB.report | Privacy Policy