- act of terrorism
means any act that the Secretary determines meets the requirements under subparagraph (B), as such requirements are further defined and specified by the Secretary.
- Administration
means the Transportation Security Administration.
- Administrator
means the Administrator of the Agency;
- affected agency
means—
- agency
has the meaning given the term in section 3502 of title 44;
- agency information
means information collected or maintained by or on behalf of an agency;
- agency information system
has the meaning given the term in section 660 of this title;
- Alaska Native-serving institution
has the meaning given the term in section 1059d of title 20.
- all appropriate details
means, with respect to a research and development project—
- ammonium nitrate
means—
- ammonium nitrate facility
means any entity that produces, sells or otherwise transfers ownership of, or provides application services for ammonium nitrate.
- ammonium nitrate purchaser
means any person who purchases ammonium nitrate from an ammonium nitrate facility.
- anonymized data
means data in which the individual to whom the data pertains is not identifiable with reasonable efforts, including information that has been encrypted or hidden through the use of other technology.
- appropriate committees of Congress
means—
- appropriate congressional committee
means any committee of the House of Representatives or the Senate having legislative or oversight jurisdiction under the Rules of the House of Representatives or the Senate, respectively, over the matter concerned.
- appropriate congressional committees
means—
- Asian American and Native American Pacific Islander-serving institution
has the meaning given the term in section 1059g of title 20.
- asset response activity
means an activity to support an entity impacted by an incident with the response to, remediation of, or recovery from, the incident, including—
- assets
includes contracts, facilities, property, records, unobligated or unexpended balances of appropriations, and other funds or resources (other than personnel).
- Assistant Secretary
means the Assistant Secretary for the Countering Weapons of Mass Destruction Office.
- basic training
means the entry-level training required to instill in new Federal law enforcement personnel fundamental knowledge of criminal laws, law enforcement and investigative techniques, laws and rules of evidence, rules of criminal procedure, constitutional rights, search and seizure, and related issues.
- biological event of national concern
means—
- career employee
means any employee (as such term is defined in section 2105 of title 5), but does not include a political appointee;
- catastrophic incident
means any natural disaster, act of terrorism, or other man-made disaster that results in extraordinary levels of casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, environment, economy, national morale, or government functions in an area;
- Center
means the center established under section 659 of this title.
- classified
means anything containing—
- cloud service provider
means an entity offering products or services related to cloud computing, as defined by the National Institute of Standards and Technology in NIST Special Publication 800–145 and any amendatory or superseding document relating thereto.
- collective bargaining agreement
has the meaning given that term in section 7103(a)(8) of title 5.
- completed administrative action
includes orders, determinations, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges.
- component head
means the head of any component of the Department with a vehicle fleet.
- comprehensive information technology network architecture
means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the strategic management and information resources management goals of the Office of Intelligence and Analysis.
- Consequence Delivery System
means the series of consequences applied by U.S.
- controlled unclassified information
means information described as “Controlled Unclassified Information” under Executive Order 13556 (50 U.S.C. 3501 note) 1 or any successor order.
- correctional facility
means any jail, prison, or any other penal or detention facility operated by a State, local, Tribal, or territorial law enforcement agency, or by a private party that is under contract with a State, local, Tribal, or territorial law enforcement agency, and used to house individuals who have been arrested, detained, held, or charged with or convicted of criminal offenses.
- Council
means the Cyber Incident Reporting Council described in section 681f of this title.
- country of concern
means a country that—
- covered change
means—
- covered cyber incident
means a substantial cyber incident experienced by a covered entity that satisfies the definition and criteria established by the Director in the final rule issued pursuant to section 681b(b) of this title.
- covered entity
means an entity in a critical infrastructure sector, as defined in Presidential Policy Directive 21, that satisfies the definition established by the Director in the final rule issued pursuant to section 681b(b) of this title.
- covered facility or asset
means any facility or asset that—
- covered Federal agency
means the Department of Homeland Security.
- covered grants
means grants awarded under section 604 of this title, grants awarded under section 605 of this title, and any other grants specified by the Administrator.
- covered item
means any of the following:
- critical economic security domain
means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security of the United States.
- critical infrastructure
has the meaning given the term in subsection (e) of section 5195c of title 42.
- critical infrastructure information
means information not customarily in the public domain and related to the security of critical infrastructure or protected systems—
- 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.
- critical infrastructure sectors
means the following sectors, in both urban and rural areas:
- customs revenue function
means the following:
- customs revenue functions
means the functions described in section 212(b)(2) of this title.
- customs revenue services
means those customs revenue functions described in paragraphs (1) through (6) and paragraph (8) of section 215 of this title.
- cyber defense operation
means the defensive activities performed for a cybersecurity purpose.
- cyber threat
has the meaning given the term “cybersecurity threat” in section 650 of this title.
- cyber threat indicator
means information that is necessary to describe or identify—
- Cybersecurity Advisory Committee
means the advisory committee established under section 665e(a) of this title.
- Cybersecurity Plan
means a plan submitted by an eligible entity under subsection (e)(1).
- cybersecurity purpose
means the purpose of protecting an information system or information that is stored on, processed by, or transiting an information system from a cybersecurity threat or security vulnerability.
- cybersecurity threat
has the meaning given such term in section 1501 of this title.
- cybersecurity vulnerability
has the meaning given the term “security vulnerability” in section 650 of this title.
- declaration
means a declaration of the Secretary under section 677b(a)(1) of this title.
- defensive measure
means an action, device, procedure, signature, technique, or other measure applied to an information system or information that is stored on, processed by, or transiting an information system that detects, prevents, or mitigates a known or suspected cybersecurity threat or security vulnerability.
- Department
means the Department of Homeland Security.
- detailed instructors
means personnel who are assigned to the Federal Law Enforcement Training Centers for a period of time to serve as instructors for the purpose of conducting basic and advanced training.
- directly eligible tribe
means—
- Director
means the Director of the Cybersecurity and Infrastructure Security Agency.
- disadvantaged business concern
means a small business that is owned and controlled by socially and economically disadvantaged individuals, as defined in section 124 of title 13, United States Code of Federal Regulations.
- distributed learning
means education in which students take academic courses by accessing information and communicating with the instructor, from various locations, on an individual basis, over a computer network or via other technologies.
- domestic end product
has the meaning given such term in section 25.003 of title 48, Code of Federal Regulations, or any successor thereto.
- donor
means any entity that is proposing to make a donation under this chapter.
- economic sector
means a sector of the economy of the United States.
- economic security
has the meaning given such term in section 474(c)(2) of this title.
- eligible entity
means a—
- eligible metropolitan area
means any of the 100 most populous metropolitan statistical areas in the United States.
- emergency response providers
includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities.
- EMP
means an electromagnetic pulse caused by a nuclear device or nonnuclear device, including such a pulse caused by an act of terrorism.
- employee
has the meaning given such term in section 2105 of title 5.
- entity
means any—
- excepted service
has the meaning given that term in section 2103 of title 5.
- excess vehicle
means any vehicle that is not essential to support mission requirements of a component.
- executive agency
means an executive agency and a military department, as defined, respectively, in sections 105 and 102 of title 5.
- expanded affiliated group
means an affiliated group as defined in section 1504(a) of title 26 (without regard to section 1504(b) of such title), except that section 1504 of such title shall be applied by substituting “more than 50 percent” for “at least 80 percent” each place it appears.
- Federal agency
means—
- Federal coordinating officer
means a Federal coordinating officer as described in section 5143 of title 42;
- Federal entity
has the meaning given the term in section 1501 of this title.
- final basic pay
means, with respect to an employee, the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee’s final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor.
- foreign incorporated entity
means any entity which is, or but for subsection (b) would be, treated as a foreign corporation for purposes of title 26.
- frontline operational component
means any of the following entities of the Department:
- functions
includes authorities, powers, rights, privileges, immunities, programs, projects, activities, duties, and responsibilities.
- Fund
means the Cyber Response and Recovery Fund established under section 677c(a) of this title.
- fusion center
means a collaborative effort of 2 or more Federal, State, local, or tribal government agencies that combines resources, expertise, or information with the goal of maximizing the ability of such agencies to detect, prevent, investigate, apprehend, and respond to criminal or terrorist activity;
- geospatial information
means graphical or digital data depicting natural or manmade physical features, phenomena, or boundaries of the earth and any information related thereto, including surveys, maps, charts, remote sensing data, and images.
- geospatial technology
means any technology utilized by analysts, specialists, surveyors, photogrammetrists, hydrographers, geodesists, cartographers, architects, or engineers for the collection, storage, retrieval, or dissemination of geospatial information, including—
- global nuclear detection architecture
means the global nuclear detection architecture developed under section 592 of this title.
- GMD
means a geomagnetic disturbance caused by a solar storm or another naturally occurring phenomenon.
- got away
means an unlawful border crosser who—
- high-risk urban area
means a high-risk urban area designated under section 604(b)(3)(A) of this title.
- Hispanic-serving institution
has the meaning given such term in section 1101a of title 20.
- historically Black college or university
has the meaning given the term “part B institution” in section 1061 of title 20.
- historically Black colleges and universities
has the meaning given the term “part B institution” in section 1061(2) of title 20.
- homeland
means the United States.
- Homeland Security Enterprise
means relevant governmental and nongovernmental entities involved in homeland security, including Federal, State, local, and Tribal government officials, private sector representatives, academics, and other policy experts.
- homeland security grant
means any grant made or administered by the Department, including—
- homeland security information
has the meaning given that term in section 482(f) of this title.
- homeland security research
means research relevant to the detection of, prevention of, protection against, response to, attribution of, and recovery from homeland security threats, particularly acts of terrorism.
- HSARPA
means the Homeland Security Advanced Research Projects Agency established in subsection (b).
- human trafficking
means an act or practice described in paragraph (9) or (10) 1 of section 7102 of title 22.
- incident
means an occurrence that actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information on an information system, or actually or imminently jeopardizes, without lawful authority, an information system.
- Indian tribe
has the meaning given that term in section 5304(e) of title 25.
- industrial control system
means an information system used to monitor and/or control industrial processes such as manufacturing, product handling, production, and distribution, including supervisory control and data acquisition (SCADA) systems used to monitor and/or control geographically dispersed assets, distributed control systems (DCSs), Human-Machine Interfaces (HMIs), and programmable logic controllers that control localized processes.
- 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—
- Information Sharing Council
means the Information Systems Council established by Executive Order 13356, or any successor body designated by the President, and referred to under subsection (g).
- information sharing environment
means the information sharing environment established under section 485 of this title;
- information system
has the meaning given such term in section 1501(9) of this title.
- institution of higher education
has the meaning given such term in section 1001 of title 20.
- insurance carrier
means any corporation, association, society, order, firm, company, mutual,1 partnership, individual aggregation of individuals, or any other legal entity that provides commercial property and casualty insurance.
- intelligence analyst
means an individual who regularly advises, administers, supervises, or performs work in the collection, gathering, analysis, evaluation, reporting, production, or dissemination of information on political, economic, social, cultural, physical, geographical, scientific, or military conditions, trends, or forces in foreign or domestic areas that directly or indirectly affect national security;
- intelligence community
has the meaning given the term in section 3003(4) of title 50.
- intelligence component of the Department
means any element or entity of the Department that collects, gathers, processes, analyzes, produces, or disseminates intelligence information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence, as defined under section 3003(5) of title 50, except—
- intelligence-led policing
means the collection and analysis of information to produce an intelligence end product designed to inform law enforcement decision making at the tactical and strategic levels;
- international cooperative activity
includes—
- interoperable
has the meaning given the term “interoperable communications” under section 194(g)(1) of this title;
- interoperable communications
has the meaning given that term in section 194(g) of this title.
- key resources
means publicly or privately controlled resources essential to the minimal operations of the economy and government.
- known maritime migrant flow
means the sum of the number of undocumented migrants—
- law enforcement personnel
means an individual, including criminal investigators (commonly known as “agents”) and uniformed police (commonly known as “officers”), who has statutory authority to search, seize, make arrests, or to carry firearms.
- law enforcement technology
includes investigative and forensic technologies, corrections technologies, and technologies that support the judicial process.
- liability insurance
means insurance for legal liabilities incurred by the insured resulting from—
- local
means—
- local government
means—
- loss
means death, bodily injury, or loss of or damage to property, including business interruption loss.
- major disaster
has the meaning given in section 5122(2) of title 42.
- major violator
means a person or entity that has engaged in serious criminal activities at any land, air, or sea port of entry, including the following:
- malicious cyber command and control
means a method for unauthorized remote identification of, access to, or use of, an information system or information that is stored on, processed by, or transiting an information system.
- managed service provider
means an entity that delivers services, such as network, application, infrastructure, or security services, via ongoing and regular support and active administration on the premises of a customer, in the data center of the entity (such as hosting), or in a third party data center.
- manufactured substantially in the United States
means an item is a domestic end product.
- mass killings
means 3 or more killings in a single incident;
- medical countermeasures
means antibiotics, antivirals, antidotes, therapeutics, radiological countermeasures, and other countermeasures that may be deployed to protect the employees and working animals of the Department in the event of a chemical, biological, radiological, nuclear, or explosives attack, naturally occurring disease outbreak, other event impacting health, or pandemic.
- Member Agency
means any Federal department or agency that, at the discretion of the head of that department or agency, has entered a memorandum of understanding regarding participation in the NBIC.
- mentor firm
means a for-profit business concern that is not a small business concern that—
- methamphetamine precursor chemicals
means the chemicals ephedrine, pseudoephedrine, or phenylpropanolamine, including each of the salts, optical isomers, and salts of optical isomers of such chemicals.
- metropolitan statistical area
means a metropolitan statistical area, as defined by the Office of Management and Budget.
- minority-serving institution
means an institution of higher education described in section 1067q(a) of title 20.1
- monitor
means to acquire, identify, or scan, or to possess, information that is stored on, processed by, or transiting an information system.
- multi-entity group
means a group of 2 or more eligible entities desiring a grant under this section.
- national cybersecurity asset response activities
means—
- National Drug Control Program Agency
means—
- National Incident Management System
means a system to enable effective, efficient, and collaborative incident management;
- National Infrastructure Simulation and Analysis Center
means the National Infrastructure Simulation and Analysis Center established under section 5195c(d) of title 42.
- national intelligence
has the meaning given such term in section 3003(5) of title 50.
- National Response Plan
means the National Response Plan or any successor plan prepared under section 314(a)(6) 1 of this title;
- national security system
has the meaning given the term in section 11103 of title 40.
- National Special Security Event
means a designated event that, by virtue of its political, economic, social, or religious significance, may be the target of terrorism or other criminal activity.
- non-Federal Government customers
means any customer of a Seller that is not an agency or instrumentality of the United States Government with authority under Public Law 85–804 [50 U.S.C. 1431 et seq.] to provide for indemnification under certain circumstances for third-party claims against its contractors, including but not limited to State and local authorities and commercial entities.
- noneconomic damages
means damages for losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, hedonic damages, injury to reputation, and any other nonpecuniary losses.
- nontraditional Government contractor
has the same meaning as the term “nontraditional defense contractor” as defined in section 4022(e) of title 10.
- Nuclear Incident Response Team
means a resource that includes—
- Office
means the Countering Weapons of Mass Destruction Office established under section 591(a) of this title.
- online service
means any internet-facing service, including a website, email, virtual private network, or custom application.
- optimal fleet size
means, with respect to a particular component, the appropriate number of vehicles to support mission requirements of such component.
- partner organization
means any Federal agency participating in FLETC’s training programs under a formal memorandum of understanding.
- performance appraisal system
means a system under which periodic appraisals of job performance of employees are made, whether under chapter 43 of title 5, or otherwise.
- personnel
means officers, employees, contractors, detailed personnel, and deputized personnel who perform Federal law enforcement, correctional, homeland or national security duties.
- place of public use
has the meaning given that term under section 2332f(e)(6) of title 18.
- placement
means the placement of an unaccompanied alien child in either a detention facility or an alternative to such a facility;
- Plan
means the strategic 5-year technology investment plan developed by the Administrator under section 563 of this title.
- political appointee
means any employee who occupies a position which has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.
- population
means population according to the most recent United States census population estimates available at the start of the relevant fiscal year.
- population density
means population divided by land area in square miles.
- preference eligible
has the meaning given that term in section 2108 of title 5.
- Privacy Officer
means the Privacy Officer appointed under section 142 of this title.
- private entity
has the meaning given such term in section 1501 of this title.
- program manager
means the program manager designated under subsection (f).
- project
means a research or development project, program, or activity administered by the Department, whether ongoing, completed, or otherwise terminated.
- protégé firm
means a small business concern, a historically Black college or university, or a minority-serving institution that—
- public alert and warning system
means the integrated public alert and warning system of the United States described in section 321o of this title;
- qualified anti-terrorism technology
means any product, equipment, service (including support services), device, or technology (including information technology) designed, developed, modified, or procured for the specific purpose of preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm such acts might otherwise cause, that is designated as such by the Secretary.
- qualified intelligence analyst
means an intelligence analyst (as that term is defined in section 124h(j) of this title), including law enforcement personnel—
- qualified position
means a position, designated by the Secretary for the purpose of this section, in which the incumbent performs, manages, or supervises functions that execute the responsibilities of the Department relating to cybersecurity.
- ransom payment
means the transmission of any money or other property or asset, including virtual currency, or any portion thereof, which has at any time been delivered as ransom in connection with a ransomware attack.
- Regional Administrator
means a Regional Administrator appointed under section 317 of this title;
- Regional Office
means a Regional Office established under section 317 of this title;
- relevant actor
means—
- renewal
means a renewal of a declaration under section 677b(d) of this title.
- resources
means personnel and major items of equipment, supplies, and facilities available or potentially available for responding to a natural disaster, act of terrorism, or other man-made disaster;
- risk-based assessment
includes an evaluation of threat information specific to a covered facility or asset and, with respect to potential impacts on the safety and efficiency of the national airspace system and the needs of law enforcement and national security at each covered facility or asset identified by the Secretary or the Attorney General, respectively, of each of the following factors:
- rural
means an area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget.
- rural area
has the meaning given the term in section 5302 of title 49.
- Secretary
means the Secretary of Homeland Security.
- Sector Risk Management Agency
has the meaning given the term in section 650 of this title.
- security control
means the management, operational, and technical controls used to protect against an unauthorized effort to adversely affect the confidentiality, integrity, and availability of an information system or its information.
- security vulnerability
means any attribute of hardware, software, process, or procedure that could enable or facilitate the defeat of a security control.
- security-related technology
means any technology that assists the Administration in the prevention of, or defense against, threats to United States transportation systems, including threats to people, property, and information.
- Senior Executive Service
has the meaning given that term in section 2101a of title 5.
- sharing
(including all conjugations thereof) means providing, receiving, and disseminating (including all conjugations of each such terms).
- short-term detention
means detention in a U.S.
- significant cyber incident
means a cyber incident, or a group of related cyber incidents, that the Secretary determines is likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States.
- significant event
means an event that causes severe degradation to economic activity in the United States due to—
- simplified acquisition threshold definitions
means the following:
- situational awareness
means knowledge and unified understanding of unlawful cross-border activity, including—
- small business concern
has the meaning described under section 632 of title 15.