136 STAT. 1193 PUBLIC LAW 117–122—MAY 12, 2022 Public Law 117–122 117th Congress An Act To authorize the Secretary of Homeland Security to work with cybersecurity consortia for training, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘National Cybersecurity Prepared- ness Consortium Act of 2021’’. SEC. 2. NATIONAL CYBERSECURITY PREPAREDNESS CONSORTIUM. (a) IN GENERAL.—The Secretary may work with one or more consortia to support efforts to address cybersecurity risks and incidents. (b) ASSISTANCE TO DHS.—The Secretary may work with one or more consortia to carry out the Secretary’s responsibility pursu- ant to section 2202(e)(1)(P) of the Homeland Security Act of 2002 (6 U.S.C. 652(e)(1)(P)) to— (1) provide training and education to State, Tribal, and local first responders and officials specifically for preparing for and responding to cybersecurity risks and incidents, in accordance with applicable law; (2) develop and update a curriculum utilizing existing training and educational programs and models in accordance with section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659), for State, Tribal, and local first responders and officials, related to cybersecurity risks and incidents; (3) provide technical assistance services, training, and edu- cational 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 with such section 2209; (4) conduct cross-sector cybersecurity training, education, and simulation exercises for entities, including State and local governments and Tribal organizations, critical infrastructure owners and operators, and private industry, to encourage community-wide coordination in defending against and responding to cybersecurity risks and incidents, in accordance with section 2210(c) of the Homeland Security Act of 2002 (6 U.S.C. 660(c)); (5) help States, Tribal organizations, and communities develop cybersecurity information sharing programs, in accord- ance with section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659), for the dissemination of homeland security information related to cybersecurity risks and incidents; Update. National Cybersecurity Preparedness Consortium Act of 2021. 6 USC 652 note. May 12, 2022 [S. 658] VerDate Sep 11 2014 21:46 May 16, 2022 Jkt 029139 PO 00122 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL122.117 PUBL122 rtalino on LAP11X0N33PROD with PUBLAW-USE 136 STAT. 1194 PUBLIC LAW 117–122—MAY 12, 2022 (6) help incorporate cybersecurity risk and incident preven- tion and response into existing State, Tribal, and local emer- gency plans, including continuity of operations plans; and (7) assist State governments and Tribal organizations in developing cybersecurity plans. (c) CONSIDERATIONS REGARDING SELECTION OF A CONSOR- TIUM.—In selecting a consortium with which to work under this Act, the Secretary shall take into consideration the following: (1) Prior experience conducting cybersecurity training, edu- cation, and exercises for State and local entities. (2) Geographic diversity of the members of any such consor- tium so as to maximize coverage of the different regions of the United States. (3) The participation in such consortium of one or more historically Black colleges and universities, Hispanic-serving institutions, Tribal Colleges and Universities, other minority- serving institutions, and community colleges that participate in the National Centers of Excellence in Cybersecurity program, as carried out by the Department of Homeland Security. (d) METRICS.—If the Secretary works with a consortium under subsection (a), the Secretary shall measure the effectiveness of the activities undertaken by the consortium under this Act. (e) OUTREACH.—The Secretary shall conduct outreach to univer- sities and colleges, including, in particular, outreach to historically Black colleges and 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, by working with the Secretary under subsection (a). (f) RULE OF CONSTRUCTION.—Nothing in this section may be construed to authorize a consortium to control or direct any law enforcement agency in the exercise of the duties of the law enforce- ment agency. (g) DEFINITIONS.—In this section— (1) the term ‘‘community college’’ has the meaning given the term ‘‘junior or community college’’ in section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058); (2) the term ‘‘consortium’’ means a group primarily com- posed of nonprofit entities, including academic institutions, that develop, update, and deliver cybersecurity training and edu- cation in support of homeland security; (3) the terms ‘‘cybersecurity risk’’ and ‘‘incident’’ have the meanings given those terms in section 2209(a) of the Homeland Security Act of 2002 (6 U.S.C. 659(a)); (4) the term ‘‘Department’’ means the Department of Home- land Security; (5) the term ‘‘Hispanic-serving institution’’ has the meaning given the term in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a); (6) the term ‘‘historically Black college and university’’ has the meaning given the term ‘‘part B institution’’ in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061); (7) the term ‘‘minority-serving institution’’ means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); (8) the term ‘‘Secretary’’ means the Secretary of Homeland Security; Plans. VerDate Sep 11 2014 21:46 May 16, 2022 Jkt 029139 PO 00122 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL122.117 PUBL122 rtalino on LAP11X0N33PROD with PUBLAW-USE 136 STAT. 1195 PUBLIC LAW 117–122—MAY 12, 2022 LEGISLATIVE HISTORY—S. 658: SENATE REPORTS: No. 117–24 (Comm. on Homeland Security and Governmental Affairs). CONGRESSIONAL RECORD: Vol. 167 (2021): July 15, considered and passed Senate. Vol. 168 (2022): Mar. 7, considered and passed House, amended. Apr. 7, Senate concurred in House amendment. Æ (9) The term ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States; (10) the term ‘‘Tribal Colleges and Universities’’ has the meaning given the term in section 316 of the Higher Education Act of 1965 (20 U.S.C. 1059c); and (11) the term ‘‘Tribal organization’’ has the meaning given the term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)). Approved May 12, 2022. VerDate Sep 11 2014 21:46 May 16, 2022 Jkt 029139 PO 00122 Frm 00003 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL122.117 PUBL122 rtalino on LAP11X0N33PROD with PUBLAW-USE