SEC. 212. [6 U.S.C. 131] DEFINITIONS.

In this subtitle:

(1) Agency.--The term ``agency'' has the meaning

given it in section 551 of title 5, United States Code.

(2) Covered federal agency.--The term ``covered

Federal agency'' means the Department of Homeland

Security.

(3) Critical infrastructure information.--The term

``critical infrastructure information'' means

information not customarily in the public domain and

related to the security of critical infrastructure or

protected systems--

(A) actual, potential, or threatened

interference with, attack on, compromise of, or

incapacitation of critical infrastructure or

protected systems by either physical or

computer-based attack or other similar conduct

(including the misuse of or unauthorized access

to all types of communications and data

transmission systems) that violates Federal,

State, or local law, harms interstate commerce

of the United States, or threatens public

health or safety;

(B) the ability of any critical

infrastructure or protected system to resist

such interference, compromise, or

incapacitation, including any planned or past

assessment, projection, or estimate of the

vulnerability of critical infrastructure or a

protected system, including security testing,

risk evaluation thereto, risk management

planning, or risk audit; or

(C) any planned or past operational problem

or solution regarding critical infrastructure

or protected systems, including repair,

recovery, reconstruction, insurance, or

continuity, to the extent it is related to such

interference, compromise, or incapacitation.

(4) Critical infrastructure protection program.--

The term ``critical infrastructure protection program''

means any component or bureau of a covered Federal

agency that has been designated by the President or any

agency head to receive critical infrastructure

information.

(5) Information sharing and analysis

organization.--The term ``Information Sharing and

Analysis Organization'' means any formal or informal

entity or collaboration created or employed by public

or private sector organizations, for purposes of--

(A) gathering and analyzing critical

infrastructure information in order to better

understand security problems and

interdependencies related to critical

infrastructure and protected systems, so as to

ensure the availability, integrity, and

reliability thereof;

(B) communicating or disclosing critical

infrastructure information to help prevent,

detect, mitigate, or recover from the effects

of a interference, compromise, or a

incapacitation problem related to critical

infrastructure or protected systems; and

(C) voluntarily disseminating critical

infrastructure information to its members,

State, local, and Federal Governments, or any

other entities that may be of assistance in

carrying out the purposes specified in

subparagraphs (A) and (B).

(6) Protected system.--The term ``protected

system''--

(A) means any service, physical or

computer-based system, process, or procedure

that directly or indirectly affects the

viability of a facility of critical

infrastructure; and

(B) includes any physical or computer-based

system, including a computer, computer system,

computer or communications network, or any

component hardware or element thereof, software

program, processing instructions, or

information or data in transmission or storage

therein, irrespective of the medium of

transmission or storage.

(7) Voluntary.--

(A) In general.--The term ``voluntary'', in

the case of any submittal of critical

infrastructure information to a covered Federal

agency, means the submittal thereof in the

absence of such agency's exercise of legal

authority to compel access to or submission of

such information and may be accomplished by a

single entity or an Information Sharing and

Analysis Organization on behalf of itself or

its members.

(B) Exclusions.--The term ``voluntary''--

(i) in the case of any action

brought under the securities laws as is

defined in section 3(a)(47) of the

Securities Exchange Act of 1934 (15

U.S.C. 78c(a)(47))--

(I) does not include

information or statements

contained in any documents or

materials filed with the

Securities and Exchange

Commission, or with Federal

banking regulators, pursuant to

section 12(i) of the Securities

Exchange Act of 1934 (15 U.S.C.

781(I)); and

(II) with respect to the

submittal of critical

infrastructure information,

does not include any disclosure

or writing that when made

accompanied the solicitation of

an offer or a sale of

securities; and

(ii) does not include information

or statements submitted or relied upon

as a basis for making licensing or

permitting determinations, or during

regulatory proceedings.

SEC. 213. [6 U.S.C. 132] DESIGNATION OF CRITICAL INFRASTRUCTURE

PROTECTION PROGRAM.

A critical infrastructure protection program may be

designated as such by one of the following:

(1) The President.

(2) The Secretary of Homeland Security.

SEC. 214. [6 U.S.C. 123] PROTECTION OF VOLUNTARILY SHARED CRITICAL

INFRASTRUCTURE INFORMATION.

(a) Protection.--

(1) In general.--Notwithstanding any other

provision of law, critical infrastructure information

(including the identity of the submitting person or

entity) that is voluntarily submitted to a covered

Federal agency for use by that agency regarding the

security of critical infrastructure and protected

systems, analysis, warning, interdependency study,

recovery, reconstitution, or other informational

purpose, when accompanied by an express statement

specified in paragraph (2)--

(A) shall be exempt from disclosure under

section 552 of title 5, United States Code

(commonly referred to as the Freedom of

Information Act);

(B) shall not be subject to any agency

rules or judicial doctrine regarding ex parte

communications with a decision making official;

(C) shall not, without the written consent

of the person or entity submitting such

information, be used directly by such agency,

any other Federal, State, or local authority,

or any third party, in any civil action arising

under Federal or State law if such information

is submitted in good faith;

(D) shall not, without the written consent

of the person or entity submitting such

information, be used or disclosed by any

officer or employee of the United States for

purposes other than the purposes of this

subtitle, except--

(i) in furtherance of an

investigation or the prosecution of a

criminal act; or

(ii) when disclosure of the

information would be--

(I) to either House of

Congress, or to the extent of

matter within its jurisdiction,

any committee or subcommittee

thereof, any joint committee

thereof or subcommittee of any

such joint committee; or

(II) to the Comptroller

General, or any authorized

representative of the

Comptroller General, in the

course of the performance of

the duties of the General

Accounting Office.

(E) shall not, if provided to a State or

local government or government agency--

(i) be made available pursuant to

any State or local law requiring

disclosure of information or records;

(ii) otherwise be disclosed or

distributed to any party by said State

or local government or government

agency without the written consent of

the person or entity submitting such

information; or

(iii) be used other than for the

purpose of protecting critical

infrastructure or protected systems, or

in furtherance of an investigation or

the prosecution of a criminal act; and

(F) does not constitute a waiver of any

applicable privilege or protection provided

under law, such as trade secret protection.

(2) Express statement.--For purposes of paragraph

(1), the term ``express statement'', with respect to

information or records, means--

(A) in the case of written information or

records, a written marking on the information

or records substantially similar to the

following: ``This information is voluntarily

submitted to the Federal Government in

expectation of protection from disclosure as

provided by the provisions of the Critical

Infrastructure Information Act of 2002.''; or

(B) in the case of oral information, a

similar written statement submitted within a

reasonable period following the oral

communication.

(b) Limitation.--No communication of critical

infrastructure information to a covered Federal agency made

pursuant to this subtitle shall be considered to be an action

subject to the requirements of the Federal Advisory Committee

Act (5 U.S.C. App. 2).

(c) Independently Obtained Information.--Nothing in this

section shall be construed to limit or otherwise affect the

ability of a State, local, or Federal Government entity,

agency, or authority, or any third party, under applicable law,

to obtain critical infrastructure information in a manner not

covered by subsection (a), including any information lawfully

and properly disclosed generally or broadly to the public and

to use such information in any manner permitted by law.

(d) Treatment of Voluntary Submittal of Information.--The

voluntary submittal to the Government of information or records

that are protected from disclosure by this subtitle shall not

be construed to constitute compliance with any requirement to

submit such information to a Federal agency under any other

provision of law.

(e) Procedures.--

(1) In general.--The Secretary of the Department of

Homeland Security shall, in consultation with

appropriate representatives of the National Security

Council and the Office of Science and Technology

Policy, establish uniform procedures for the receipt,

care, and storage by Federal agencies of critical

infrastructure information that is voluntarily

submitted to the Government. The procedures shall be

established not later than 90 days after the date of

the enactment of this subtitle.

(2) Elements.--The procedures established under

paragraph (1) shall include mechanisms regarding--

(A) the acknowledgement of receipt by

Federal agencies of critical infrastructure

information that is voluntarily submitted to

the Government;

(B) the maintenance of the identification

of such information as voluntarily submitted to

the Government for purposes of and subject to

the provisions of this subtitle;

(C) the care and storage of such

information; and

(D) the protection and maintenance of the

confidentiality of such information so as to

permit the sharing of such information within

the Federal Government and with State and local

governments, and the issuance of notices and

warnings related to the protection of critical

infrastructure and protected systems, in such

manner as to protect from public disclosure the

identity of the submitting person or entity, or

information that is proprietary, business

sensitive, relates specifically to the

submitting person or entity, and is otherwise

not appropriately in the public domain.

(f) Penalties.--Whoever, being an officer or employee of

the United States or of any department or agency thereof,

knowingly publishes, divulges, discloses, or makes known in any

manner or to any extent not authorized by law, any critical

infrastructure information protected from disclosure by this

subtitle coming to him in the course of this employment or

official duties or by reason of any examination or

investigation made by, or return, report, or record made to or

filed with, such department or agency or officer or employee

thereof, shall be fined under title 18 of the United States

Code, imprisoned not more than 1 year, or both, and shall be

removed from office or employment.

(g) Authority To Issue Warnings.--The Federal Government

may provide advisories, alerts, and warnings to relevant

companies, targeted sectors, other governmental entities, or

the general public regarding potential threats to critical

infrastructure as appropriate. In issuing a warning, the

Federal Government shall take appropriate actions to protect

from disclosure--

(1) the source of any voluntarily submitted

critical infrastructure information that forms the

basis for the warning; or

(2) information that is proprietary, business

sensitive, relates specifically to the submitting

person or entity, or is otherwise not appropriately in

the public domain.

(h) Authority To Delegate.--The President may delegate

authority to a critical infrastructure protection program,

designated under section 213, to enter into a voluntary

agreement to promote critical infrastructure security,

including with any Information Sharing and Analysis

Organization, or a plan of action as otherwise defined in

section 708 of the Defense Production Act of 1950 (50 U.S.C.

App. 2158).

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