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PUBLIC LAW 113–282—DEC. 18, 2014
128 STAT. 3071
of sector coordinating councils, sector information sharing and analysis organizations (as defined in section 212(5)), owners and operators of critical infrastructure, and any other person that the Secretary determines appropriate.’’.
(b) BREACHES.—
(1) REQUIREMENTS.—The Director of the Office of Management and Budget shall ensure that data breach notification
policies and guidelines are updated periodically and require—
(A) except as provided in paragraph (4), notice by the
affected agency to each committee of Congress described
in section 3544(c)(1) of title 44, United States Code, the
Committee on the Judiciary of the Senate, and the Committee on Homeland Security and the Committee on the
Judiciary of the House of Representatives, which shall—
(i) be provided expeditiously and not later than
30 days after the date on which the agency discovered
the unauthorized acquisition or access; and
(ii) include—
(I) information about the breach, including a
summary of any information that the agency
knows on the date on which notification is provided
about how the breach occurred;
(II) an estimate of the number of individuals
affected by the breach, based on information that
the agency knows on the date on which notification
is provided, including an assessment of the risk
of harm to affected individuals;
(III) a description of any circumstances necessitating a delay in providing notice to affected
individuals; and
(IV) an estimate of whether and when the
agency will provide notice to affected individuals;
and
(B) notice by the affected agency to affected individuals,
pursuant to data breach notification policies and guidelines,
which shall be provided as expeditiously as practicable
and without unreasonable delay after the agency discovers
the unauthorized acquisition or access.
(2) NATIONAL SECURITY; LAW ENFORCEMENT; REMEDIATION.—The Attorney General, the head of an element of the
intelligence community (as such term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)),
or the Secretary may delay the notice to affected individuals
under paragraph (1)(B) if the notice would disrupt a law
enforcement investigation, endanger national security, or
hamper security remediation actions.
(3) OMB REPORT.—During the first 2 years beginning after
the date of enactment of this Act, the Director of the Office
of Management and Budget shall, on an annual basis—
(A) assess agency implementation of data breach
notification policies and guidelines in aggregate; and
(B) include the assessment described in clause (i) in
the report required under section 3543(a)(8) of title 44,
United States Code.
(4) EXCEPTION.—Any element of the intelligence community
(as such term is defined under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 3003(4)) that is required to
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44 USC 3543
note.
Notifications.
Deadline.
Time period.
Effective date.
PUBL282