Federal sharing of incident reports

Source Credit

(a) Cyber incident reporting sharing
(1) In general
Notwithstanding any other provision of law or regulation, any Federal agency, including any independent establishment (as defined in section 104 of title 5), that receives a report from an entity of a cyber incident, including a ransomware attack, shall provide the report to the Agency as soon as possible, but not later than 24 hours after receiving the report, unless a shorter period is required by an agreement made between the Department of Homeland Security (including the Cybersecurity and Infrastructure Security Agency) and the recipient Federal agency. The Director shall share and coordinate each report pursuant to section 681a(b) of this title, as added by section 103 of this division.
(2) Rule of construction
The requirements described in paragraph (1) and section 681e(d) of this title, as added by section 103 of this division, may not be construed to be a violation of any provision of law or policy that would otherwise prohibit disclosure or provision of information within the executive branch.
(3) Protection of information
The Director shall comply with any obligations of the recipient Federal agency described in paragraph (1) to protect information, including with respect to privacy, confidentiality, or information security, if those obligations would impose greater protection requirements than this division or the amendments made by this division.
(4) Effective date
This subsection shall take effect on the effective date of the final rule issued pursuant to section 681b(b) of this title, as added by section 103 of this division.
(5) Agency agreements
(A) In general
The Agency and any Federal agency, including any independent establishment (as defined in section 104 of title 5), that receives incident reports from entities, including due to ransomware attacks, shall, as appropriate, enter into a documented agreement to establish policies, processes, procedures, and mechanisms to ensure reports are shared with the Agency pursuant to paragraph (1).
(B) Availability
To the maximum extent practicable, each documented agreement required under subparagraph (A) shall be made publicly available.
(C) Requirement
The documented agreements required by subparagraph (A) shall require reports be shared from Federal agencies with the Agency in such time as to meet the overall timeline for covered entity reporting of covered cyber incidents and ransom payments established in section 681b of this title, as added by section 103 of this division.
(b) Harmonizing reporting requirements
The Secretary of Homeland Security, acting through the Director, shall, in consultation with the Cyber Incident Reporting Council described in section 681f of this title, as added by section 103 of this division, to the maximum extent practicable—
(1) periodically review existing regulatory requirements, including the information required in such reports, to report incidents and ensure that any such reporting requirements and procedures avoid conflicting, duplicative, or burdensome requirements; and
(2) coordinate with appropriate Federal partners and regulatory authorities that receive reports relating to incidents to identify opportunities to streamline reporting processes, and where feasible, facilitate interagency agreements between such authorities to permit the sharing of such reports, consistent with applicable law and policy, without impacting the ability of the Agency to gain timely situational awareness of a covered cyber incident or ransom payment.

History

(Pub. L. 117–103, div. Y, §104, Mar. 15, 2022, 136 Stat. 1054.)

Editorial Notes

Editorial Notes

References in Text
Section 103 of this division, referred to in text, is section 103 of div. Y of Pub. L. 117–103, which enacted this part and amended section 659 of this title.

Codification
Section was enacted as part of the Cyber Incident Reporting for Critical Infrastructure Act of 2022, and also as part of the Consolidated Appropriations Act, 2022, and not as part of the Homeland Security Act of 2002 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definitions
For definitions of terms used in this section, see section 102 of div. Y of Pub. L. 117–103, which is set out as a note under section 665j of this title.

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