6 U.S.C. § 663: Federal intrusion detection and prevention system

the term “agency” has the meaning given the term in section 3502 of title 44 ; the term “agency information” means information collected or maintained by or on behalf of an agency; 1 1 So in original. Probably should be followed by “and”. the term “agency information system” has the meaning given the term in section 660 of this title ; and 2 2 So in original. The “; and” probably should be a period. a capability to detect cybersecurity risks in network traffic transiting or traveling to or from an agency information system; and a capability to prevent network traffic associated with such cybersecurity risks from transiting or traveling to or from an agency information system or modify such network traffic to remove the cybersecurity risk. The Secretary shall regularly deploy new technologies and modify existing technologies to the intrusion detection and prevention capabilities described in paragraph (1) as appropriate to improve the intrusion detection and prevention capabilities. may access, and the head of an agency may disclose to the Secretary or a private entity providing assistance to the Secretary under paragraph (2), information transiting or traveling to or from an agency information system, regardless of the location from which the Secretary or a private entity providing assistance to the Secretary under paragraph (2) accesses such information, notwithstanding any other provision of law that would otherwise restrict or prevent the head of an agency from disclosing such information to the Secretary or a private entity providing assistance to the Secretary under paragraph (2); may enter into contracts or other agreements with, or otherwise request and obtain the assistance of, private entities to deploy, operate, and maintain technologies in accordance with subsection (b); may retain, use, and disclose information obtained through the conduct of activities authorized under this section only to protect information and information systems from cybersecurity risks; shall regularly assess through operational test and evaluation in real world or simulated environments available advanced protective technologies to improve detection and prevention capabilities, including commercial and noncommercial technologies and detection technologies beyond signature-based detection, and acquire, test, and deploy such technologies when appropriate; shall establish a pilot through which the Secretary may acquire, test, and deploy, as rapidly as possible, technologies described in paragraph (4); and shall periodically update the privacy impact assessment required under section 208(b) of the E-Government Act of 2002 ( 44 U.S.C. 3501 note). activities carried out under this section are reasonably necessary for the purpose of protecting agency information and agency information systems from a cybersecurity risk; information accessed by the Secretary will be retained no longer than reasonably necessary for the purpose of protecting agency information and agency information systems from a cybersecurity risk; notice has been provided to users of an agency information system concerning access to communications of users of the agency information system for the purpose of protecting agency information and the agency information system; and the activities are implemented pursuant to policies and procedures governing the operation of the intrusion detection and prevention capabilities. disclose any network traffic transiting or traveling to or from an agency information system to any entity other than the Department or the agency that disclosed the information under subsection (c)(1), including personal information of a specific individual or information that identifies a specific individual not directly related to a cybersecurity risk; or use any network traffic transiting or traveling to or from an agency information system to which the private entity gains access in accordance with this section for any purpose other than to protect agency information and agency information systems against cybersecurity risks or to administer a contract or other agreement entered into pursuant to subsection (c)(2) or as part of another contract with the Secretary. No cause of action shall lie in any court against a private entity for assistance provided to the Secretary in accordance with this section and any contract or agreement entered into pursuant to subsection (c)(2). Nothing in paragraph (2) shall be construed to authorize an Internet service provider to break a user agreement with a customer without the consent of the customer. Not later than 1 year after December 18, 2015 , the Privacy Officer appointed under section 142 of this title , in consultation with the Attorney General, shall review the policies and guidelines for the program carried out under this section to ensure that the policies and guidelines are consistent with applicable privacy laws, including those governing the acquisition, interception, retention, use, and disclosure of communications. The appropriate information systems of the Department that individuals, organizations, and companies may use to discover and report security vulnerabilities on appropriate information systems. The conditions and criteria under which individuals, organizations, and companies may operate to discover and report security vulnerabilities. How individuals, organizations, and companies may disclose to the Department security vulnerabilities discovered on appropriate information systems of the Department. The ways in which the Department may communicate with individuals, organizations, and companies that report security vulnerabilities. The process the Department shall use for public disclosure of reported security vulnerabilities. The Secretary of Homeland Security shall develop a process for the Department of Homeland Security to address the mitigation or remediation of the security vulnerabilities reported through the policy developed in subsection (a). The Attorney General regarding how to ensure that individuals, organizations, and companies that comply with the requirements of the policy developed under subsection (a) are protected from prosecution under section 1030 of title 18 , United States Code, civil lawsuits, and similar provisions of law with respect to specific activities authorized under the policy. The Secretary of Defense and the Administrator of General Services regarding lessons that may be applied from existing vulnerability disclosure policies. Non-governmental security researchers. The Federal Advisory Committee Act ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] shall not apply to any consultation under this section. The Secretary of Homeland Security shall make the policy developed under subsection (a) publicly available. Not later than 90 days after the date of the enactment of this Act [ Dec. 21, 2018 ], the Secretary of Homeland Security shall submit to the appropriate congressional committees a copy of the policy required under subsection (a) and the remediation process required under subsection (b). Not later than one year after establishing the policy required under subsection (a), the Secretary of Homeland Security shall submit to the appropriate congressional committees a report on such policy and the remediation process required under subsection (b). One year after the date of the submission of the report under subparagraph (A), and annually thereafter for each of the next three years, the Secretary of Homeland Security shall provide to the appropriate congressional committees a briefing on the policy required under subsection (a) and the process required under subsection (b). The number of unique security vulnerabilities reported. The number of previously unknown security vulnerabilities mitigated or remediated. The number of unique individuals, organizations, and companies that reported security vulnerabilities. The average length of time between the reporting of security vulnerabilities and mitigation or remediation of such vulnerabilities. The term ‘security vulnerability’ has the meaning given that term in section 102(17) of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501(17) ), in information technology. The term ‘information system’ has the meaning given that term by section 3502 of title 44 , United States Code. The term ‘appropriate information system’ means an information system that the Secretary of Homeland Security selects for inclusion under the vulnerability disclosure policy required by subsection (a). the Committee on Homeland Security, the Committee on Armed Services, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives; and the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate.” the Committee on Homeland Security and Governmental Affairs of the Senate; the Select Committee on Intelligence of the Senate; the Committee on Homeland Security of the House of Representatives; and Permanent Select Committee on Intelligence of the House of Representatives. individuals, organizations, and companies are temporarily authorized to identify and report vulnerabilities of appropriate information systems of the Department; and eligible individuals, organizations, and companies receive compensation in exchange for such reports. The term ‘Department’ means the Department of Homeland Security. The term ‘eligible individual, organization, or company’ means an individual, organization, or company that meets such criteria as the Secretary determines in order to receive compensation in compliance with Federal laws. The term ‘information system’ has the meaning given the term in section 3502 of title 44 , United States Code. The term ‘pilot program’ means the bug bounty pilot program required to be established under subsection (b)(1). The term ‘Secretary’ means the Secretary of Homeland Security. Not later than 180 days after the date of enactment of this Act [ Dec. 21, 2018 ], the Secretary shall establish, within the Office of the Chief Information Officer, a bug bounty pilot program to minimize vulnerabilities of appropriate information systems of the Department. designate appropriate information systems to be included in the pilot program; provide compensation to eligible individuals, organizations, and companies for reports of previously unidentified security vulnerabilities within the information systems designated under subparagraph (A); establish criteria for individuals, organizations, and companies to be considered eligible for compensation under the pilot program in compliance with Federal laws; consult with the Attorney General on how to ensure that approved individuals, organizations, or companies that comply with the requirements of the pilot program are protected from prosecution under section 1030 of title 18 , United States Code, and similar provisions of law, and civil lawsuits for specific activities authorized under the pilot program; consult with the Secretary of Defense and the heads of other departments and agencies that have implemented programs to provide compensation for reports of previously undisclosed vulnerabilities in information systems, regarding lessons that may be applied from such programs; and develop an expeditious process by which an individual, organization, or company can register with the Department, submit to a background check as determined by the Department, and receive a determination as to eligibility; and engage qualified interested persons, including non-government sector representatives, about the structure of the pilot program as constructive and to the extent practicable. In establishing the pilot program, the Secretary, subject to the availability of appropriations, may award 1 or more competitive contracts to an entity, as necessary, to manage the pilot program. registered; were determined eligible; submitted security vulnerabilities; and received compensation; the number and severity of vulnerabilities reported as part of the pilot program; the number of previously unidentified security vulnerabilities remediated as a result of the pilot program; the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans; the average length of time between the reporting of security vulnerabilities and remediation of the vulnerabilities; the types of compensation provided under the pilot program; and the lessons learned from the pilot program. There is authorized to be appropriated to the Department $250,000 for fiscal year 2019 to carry out this section.” not later than 1 year after the date of enactment of this Act [ Dec. 18, 2015 ] or 2 months after the date on which the Secretary makes available the intrusion detection and prevention capabilities under section 2213(b)(1) of the Homeland Security Act of 2002 [ 6 U.S.C. 663(b)(1) ], whichever is later, the head of each agency shall apply and continue to utilize the capabilities to all information traveling between an agency information system and any information system other than an agency information system; and not later than 6 months after the date on which the Secretary makes available improvements to the intrusion detection and prevention capabilities pursuant to section 2213(b)(2) of the Homeland Security Act of 2002 [ 6 U.S.C. 663(b)(2) ], the head of each agency shall apply and continue to utilize the improved intrusion detection and prevention capabilities. The requirements under paragraph (1) shall not apply to the Department of Defense, a national security system, or an element of the intelligence community. Notwithstanding section 222 [ 6 U.S.C. 1521 ], in this subsection, the term ‘agency information system’ means an information system owned or operated by an agency. Nothing in this subsection shall be construed to limit an agency from applying the intrusion detection and prevention capabilities to an information system other than an agency information system under section 2213(b)(1) of the Homeland Security Act of 2002 [ 6 U.S.C. 663(b)(1) ], at the discretion of the head of the agency or as provided in relevant policies, directives, and guidelines.”