View all text of Part C [§ 677 - § 677g]
§ 677b. Declaration
(a) In general
(1) DeclarationThe Secretary, in consultation with the National Cyber Director, may make a declaration of a significant incident in accordance with this section for the purpose of enabling the activities described in this part if the Secretary determines that—
(A) a specific significant incident—
(i) has occurred; or
(ii) is likely to occur imminently; and
(B) otherwise available resources, other than the Fund, are likely insufficient to respond effectively to, or to mitigate effectively, the specific significant incident described in subparagraph (A).
(2) Prohibition on delegation
(b) Asset response activitiesUpon a declaration, the Director shall coordinate—
(1) the asset response activities of each Federal agency in response to the specific significant incident associated with the declaration; and
(2) with appropriate entities, which may include—
(A) public and private entities and State and local governments with respect to the asset response activities of those entities and governments; and
(B) Federal, State, local, and Tribal law enforcement agencies with respect to investigations and threat response activities of those law enforcement agencies; and
(3) Federal, State, local, and Tribal emergency management and response agencies.
(c) DurationSubject to subsection (d), a declaration shall terminate upon the earlier of—
(1) a determination by the Secretary that the declaration is no longer necessary; or
(2) the expiration of the 120-day period beginning on the date on which the Secretary makes the declaration.
(d) Renewal
(e) Publication
(1) In general
(2) Prohibition
(f) Advance actions
(1) In generalThe Secretary—
(A) shall assess the resources available to respond to a potential declaration; and
(B) may take actions before and while a declaration is in effect to arrange or procure additional resources for asset response activities or technical assistance the Secretary determines necessary, which may include entering into standby contracts with private entities for cybersecurity services or incident responders in the event of a declaration.
(2) Expenditure of funds
(Pub. L. 107–296, title XXII, § 2233, as added Pub. L. 117–58, div. G, title VI, § 70602(a), Nov. 15, 2021, 135 Stat. 1268.)