Amendment codifies the existing Einstein 3A (E3A) program which is used to provide DHS with a situational awareness snapshot of the health of the Federal Government's cyberspace.

1. Adds SEC. __. PROTECTION OF FEDERAL INFORMATION SYSTEMS at the end of the bill

   Adds a section

   Inserted: SEC. __. PROTECTION OF FEDERAL INFORMATION SYSTEMS.

   Inserted: (a) In General.--Subtitle C of title II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the following new section:

   Inserted: "SEC. 233. AVAILABLE PROTECTION OF FEDERAL INFORMATION SYSTEMS.

   Inserted: "(a) In General.--The Secretary shall deploy and operate, to make available for use by any Federal agency, with or without reimbursement, capabilities to protect Federal agency information and information systems, including technologies to continuously diagnose, detect, prevent, and mitigate against cybersecurity risks (as such term is defined in the second section 226) involving Federal agency information or information systems.

   Inserted: "(b) Activities.--In carrying out this section, the Secretary may--

   Inserted: "(1) access, and Federal agency heads may disclose to the Secretary or a private entity providing assistance to the Secretary under paragraph (2), information traveling to or from or stored on a Federal agency information system, regardless of from where 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 Federal agency heads from disclosing such information to the Secretary or a private entity providing assistance to the Secretary under paragraph (2);

   Inserted: "(2) enter into contracts or other agreements, or otherwise request and obtain the assistance of, private entities to deploy and operate technologies in accordance with subsection (a); and

   Inserted: "(3) retain, use, and disclose information obtained through the conduct of activities authorized under this section only to protect Federal agency information and information systems from cybersecurity risks, or, with the approval of the Attorney General and if disclosure of such information is not otherwise prohibited by law, to law enforcement only to investigate, prosecute, disrupt, or otherwise respond to--

   Inserted: "(A) a violation of section 1030 of title 18, United States Code;

   Inserted: "(B) an imminent threat of death or serious bodily harm;

   Inserted: "(C) a serious threat to a minor, including sexual exploitation or threats to physical safety; or

   Inserted: "(D) an attempt, or conspiracy, to commit an offense described in any of subparagraphs (A) through (C).

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   Inserted: "(c) Conditions.--Contracts or other agreements under subsection (b)(2) shall include appropriate provisions barring--

   Inserted: "(1) the disclosure of information to any entity other than the Department or the Federal agency disclosing information in accordance with subsection (b)(1) that can be used to identify specific persons and is reasonably believed to be unrelated to a cybersecurity risk; and

   Inserted: "(2) the use of any information to which such private entity gains access in accordance with this section for any purpose other than to protect Federal agency information and information systems against cybersecurity risks or to administer any such contract or other agreement.

   Inserted: "(d) Limitation.--No cause of action shall lie against a private entity for assistance provided to the Secretary in accordance with this section and a contract or agreement under subsection (b)(2).".

   Inserted: (b) Clerical Amendment.--The table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 226 (relating to cybersecurity recruitment and retention) the following new item:

   Inserted: "Sec. 233. Available protection of Federal information systems.".

   Original wording

   Add at the end the following:

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As printed