Public Law 117-122 passed on May 12, 2022

National Cybersecurity Preparedness Consortium Act of 2021

The Secretary may work with more than one consortia to support efforts to address cybersecurity risks and incidents.

Assistance to Department Homeland Security

The Secretary may work with more than one consortia to carry out the Secretary’s responsibilities pursuant of Section 2202 (e)(1)(P) of (6 USC 652 (e)(1)(P))-  “To carry out the functions of the national cybersecurity and communications integration center under section 659 of this title.”

    • Provide training and education to State, Tribal and local first responders and officials specifically for preparing for and responding to cybersecurity risks and incidents

    • Develop and update a curriculum utilizing existing training and educational programs and models.

    • Provide technical assistance services, training, and educational programs to build and sustain capabilities in support of preparedness for and response to cybersecurity risks and incidents, including threats of acts of terrorism, in accordance of Section 2209.

    • Conduct cross-sector cybersecurity training, education and simulation exercises for entities, including State, local government and Tribal organizations, critical infrastructure owners and operators and private industry, to encourage community-wide coordination in defending against cybersecurity risks. Section 2210(c)(6 USC 660(c))- “Identify and assess the limitations of Federal resources and capabilities available to State, local, Tribal, and territorial governments to help those governments identify, protect against, detect, respond to, and recover from cybersecurity risks, cybersecurity threats, incidents, and ransomware incidents and make recommendations to address such limitations.”

    • Help communities develop cybersecurity information sharing programs in accordance to Section 2209 (6 USC 659) for the dissemination of homeland security information related to cybersecurity.

    • Help incorporate cybersecurity prevention and response into existing emergency plans, including continuity operation plans.

    • Assist State governments and Tribal organizations on developing cybersecurity plans.

Consideration Regarding Selection of a Consortium

Selecting a consortium to work under this Act, the Secretary will take into consideration the following-

    • Prior experience conducting cybersecurity training, education and exercises for State and local entities.

    • Geographic diversity of the members to maximize coverage of the different regions of the United States.

    • Participation of one or more historically Black colleges or universities, Hispanic-serving institutions, Tribal Colleges and Universities, other minority serving institutions and community colleges participating in the National Centers of Excellence in Cybersecurity program, as carried out by the Department of Homeland Security.

Metrics

The Secretary shall measure the effectiveness of the activities undertaken by the consortium under this Act.

Outreach

The Secretary conduct outreach to historically Black colleges or universities, Hispanic-serving institutions, Tribal Colleges and Universities, other minority serving institutions and community colleges, regarding opportunities to support efforts to address cybersecurity risks and incidents.

Rule of Construction

NOTHING may be constructed to authorize a consortium to control or direct any law enforcement agency in the exercise of the duties of the law enforcement agency.

Definitions

Community College- Junior or community college referenced in Section 312 Higher Education Act 1965 (20 USC 1058)- “an institution of higher education that admits as regular students persons who are beyond the age of compulsory school attendance in the State in which the institution is located and who have the ability to benefit from the training offered by the institution”.

Consortium- group primarily composed of nonprofit entities, including academia institutions that develop, update, and deliver cybersecurity training and education in support of homeland security.

Cybersecurity risk and incident- Section 2209(a) of the Homeland Security Act of 2002 (6 USC 659(a))- “means threats to and vulnerabilities of information or information systems and any related consequences caused by or resulting from unauthorized access, use, disclosure, degradation, disruption, modification, or destruction of such information or information systems, including such related consequences caused by an act of terrorism”

Department- Department of Homeland Security

Hispanic-serving institutions- Section 502 of the Higher Education Act of 1965 (20 USC 1101a)- “The term "Hispanic-serving institution" means an institution of higher education that is an eligible institution; and has an enrollment of undergraduate full-time equivalent students that is at least 25 percent Hispanic students at the end of the award year immediately preceding the date of application”.

Historically Black colleges and university- given the term “part B institution” in Section 322 of the Higher Education Act of 1965 (20 USC 1061)-“The term ‘part B institution’ means any historically Black college or university that was established prior to 1964, whose principal mission was, and is, the education of Black Americans, and that is accredited by a nationally recognized accrediting agency or association determined by the Secretary to be a reliable authority as to the quality of training offered or is, according to such an agency or association, making reasonable progress toward accreditation,,1 except that any branch campus of a southern institution of higher education that prior to September 30, 1986, received a grant as an institution with special needs under (section 1060 of this title  )and was formally recognized by the National Center for Education Statistics as a Historically Black College or University but was determined not to be a part B institution on or after October 17, 1986, shall, from July 18, 1988, be considered a part B institution”.

Minority-serving institution- Higher education described in Section 371(a) of Higher Education Act of 1965 (20 USC 1067q(a)-  “An institution of higher education is eligible to receive funds from the amounts made available under this section if such institution is-

(1) a part B institution

(2) a Hispanic-serving institution

(3) a Tribal College or University

(4) an Alaska Native-serving institution or a Native Hawaiian-serving institution

(5) a Predominantly Black Institution

(6) an Asian American and Native American Pacific Islander-serving institution

(7) a Native American-serving non-tribal institution”

Secretary- Secretary of Homeland Security

State- State of the United States, District of Columbia, Commonwealth of Puerto Rico, United States Virgin Islands, Guam, American Samoa, Commonwealth of the Northern Mariana Islands, and any possession of the United States.

Tribal Colleges and Universities- Section 316 Higher Education Act of 1965 (20 USC 1059(c))- “The term ‘Tribal College or University’ means an institution that qualifies for funding under the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College Act (25 U.S.C. 640a note); or is cited in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note).”

Tribal organization- 4(e) Indian Self-Determination and Education Assistance Act (25 USC 5304(e))- "Indian tribe" or "Indian Tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians”.