33 1 (i) reporting of known or suspected 2 criminal activity, by an entity to any other 3 entity or a Federal entity; 4 (ii) voluntary or legally compelled par- 5 ticipation in a Federal investigation; and 6 (iii) providing cyber threat indicators 7 or defensive measures as part of a statu- 8 tory or authorized contractual requirement. 9 (2) CERTIFICATION.—Not later than 10 days 10 prior to the implementation of the capability and 11 process required by paragraph (1), the Secretary of 12 Homeland Security shall, in consultation with the 13 heads of the appropriate Federal entities, certify to 14 Congress whether such capability and process fully 15 and effectively operates— 16 (A) as the process by which the Federal 17 Government receives from any entity a cyber 18 threat indicator or defensive measure under this 19 title; and 20 (B) in accordance with the policies, proce- 21 dures, and guidelines developed under this sec- 22 tion. 23 (3) PUBLIC NOTICE AND ACCESS.—The Sec- 24 retary of Homeland Security shall ensure there is 25 public notice of, and access to, the capability and † S 754 ES