6 U.S.C. § 671 — Definitions

In this part: (1) “Agency.” This section does not give its own definition of “agency.” It gives the term the meaning in section 551 of title 5. (2) “Covered Federal agency.” This means the Department of Homeland Security. (3) “Critical infrastructure information.” This section does not give its own definition of “critical infrastructure information.” It gives the term the meaning in section 650 of this title. (4) “Critical infrastructure protection program.” This means any component or bureau of a covered Federal agency that the President or an agency head designates to receive critical infrastructure information. (5) “Protected system.” (A) This means any service, physical or computer-based system, process, or procedure that directly or indirectly affects the viability of a critical infrastructure facility. (B) It includes any physical or computer-based system, including a computer, computer system, computer or communications network, or any component hardware or element of one of those systems; any software program; any processing instructions; or any information or data being transmitted or stored in one of those systems. This applies regardless of the medium used for transmission or storage. (6) “Voluntary.” (A) In general. When critical infrastructure information is submitted to a covered Federal agency, “voluntary” means that the agency did not use its legal authority to compel access to or submission of the information. A single entity or an Information Sharing and Analysis Organization may make the submission for itself or its members. (B) Exclusions. “Voluntary” does not include the following: (i) In an action brought under the securities laws, as that term is defined in section 78c(a)(47) of title 15: (I) information or statements in documents or materials filed with the Securities and Exchange Commission or with Federal banking regulators under section 78l(i) of title 15; or (II) for a submission of critical infrastructure information, any disclosure or writing that, when made, accompanied the solicitation of an offer or a sale of securities. (ii) “Voluntary” also does not include information or statements submitted or relied upon as a basis for making licensing or permitting determinations, or during regulatory proceedings.