```

[113th Congress Public Law 282]
[From the U.S. Government Publishing Office]

[[Page 3065]]

              NATIONAL CYBERSECURITY PROTECTION ACT OF 2014

[[Page 128 STAT. 3066]]

Public Law 113-282
113th Congress

                                 An Act

 
To codify an existing operations center for cybersecurity. <<NOTE: Dec. 
                        18, 2014 -  [S. 2519]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: National 
Cybersecurity Protection Act of 2014.>> 
SECTION 1. <<NOTE: 6 USC 101 note.>>  SHORT TITLE.

    This Act may be cited as the ``National Cybersecurity Protection Act 
of 2014''.
SEC. 2. <<NOTE: 6 USC 148 note.>>  DEFINITIONS.

    In this Act--
            (1) the term ``Center'' means the national cybersecurity and 
        communications integration center under section 226 of the 
        Homeland Security Act of 2002, as added by section 3;
            (2) the term ``critical infrastructure'' has the meaning 
        given that term in section 2 of the Homeland Security Act of 
        2002 (6 U.S.C. 101);
            (3) the term ``cybersecurity risk'' has the meaning given 
        that term in section 226 of the Homeland Security Act of 2002, 
        as added by section 3;
            (4) the term ``information sharing and analysis 
        organization'' has the meaning given that term in section 212(5) 
        of the Homeland Security Act of 2002 (6 U.S.C. 131(5));
            (5) the term ``information system'' has the meaning given 
        that term in section 3502(8) of title 44, United States Code; 
        and
            (6) the term ``Secretary'' means the Secretary of Homeland 
        Security.
SEC. 3. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION 
                    CENTER.

    (a) In General.--Subtitle C of title II of the Homeland Security Act 
of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the 
following:
``SEC. 226. <<NOTE: 6 USC 148.>> NATIONAL CYBERSECURITY AND 
                        COMMUNICATIONS INTEGRATION CENTER.

    ``(a) Definitions.--In this section--
            ``(1) the term `cybersecurity risk' 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 information or information systems, including 
        such related consequences caused by an act of terrorism;
            ``(2) the term `incident' means an occurrence that--

[[Page 128 STAT. 3067]]

                    ``(A) actually or imminently jeopardizes, without 
                lawful authority, the integrity, confidentiality, or 
                availability of information on an information system; or
                    ``(B) constitutes a violation or imminent threat of 
                violation of law, security policies, security 
                procedures, or acceptable use policies;
            ``(3) the term `information sharing and analysis 
        organization' has the meaning given that term in section 212(5); 
        and
            ``(4) the term `information system' has the meaning given 
        that term in section 3502(8) of title 44, United States Code.

    ``(b) Center.--There is in the Department a national cybersecurity 
and communications integration center (referred to in this section as 
the `Center') to carry out certain responsibilities of the Under 
Secretary appointed under section 103(a)(1)(H).
    ``(c) Functions.--The cybersecurity functions of the Center shall 
include--
            ``(1) being a Federal civilian interface for the multi-
        directional and cross-sector sharing of information related to 
        cybersecurity risks, incidents, analysis, and warnings for 
        Federal and non-Federal entities;
            ``(2) providing shared situational awareness to enable real-
        time, integrated, and operational actions across the Federal 
        Government and non-Federal entities to address cybersecurity 
        risks and incidents to Federal and non-Federal entities;
            ``(3) coordinating the sharing of information related to 
        cybersecurity risks and incidents across the Federal Government;
            ``(4) facilitating cross-sector coordination to address 
        cybersecurity risks and incidents, including cybersecurity risks 
        and incidents that may be related or could have consequential 
        impacts across multiple sectors;
            ``(5)(A) conducting integration and analysis, including 
        cross-sector integration and analysis, of cybersecurity risks 
        and incidents; and
            ``(B) sharing the analysis conducted under subparagraph (A) 
        with Federal and non-Federal entities;
            ``(6) upon request, providing timely technical assistance, 
        risk management support, and incident response capabilities to 
        Federal and non-Federal entities with respect to cybersecurity 
        risks and incidents, which may include attribution, mitigation, 
        and remediation; and
            ``(7) providing information and recommendations on security 
        and resilience measures to Federal and non-Federal entities, 
        including information and recommendations to--
                    ``(A) facilitate information security; and
                    ``(B) strengthen information systems against 
                cybersecurity risks and incidents.

    ``(d) Composition.--
            ``(1) In general.--The Center shall be composed of--
                    ``(A) appropriate representatives of Federal 
                entities, such as--
                          ``(i) sector-specific agencies;
                          ``(ii) civilian and law enforcement agencies; 
                      and
                          ``(iii) elements of the intelligence 
                      community, as that term is defined under section 
                      3(4) of the National Security Act of 1947 (50 
                      U.S.C. 3003(4));

[[Page 128 STAT. 3068]]

                    ``(B) appropriate representatives of non-Federal 
                entities, such as--
                          ``(i) State and local governments;
                          ``(ii) information sharing and analysis 
                      organizations; and
                          ``(iii) owners and operators of critical 
                      information systems;
                    ``(C) components within the Center that carry out 
                cybersecurity and communications activities;
                    ``(D) a designated Federal official for operational 
                coordination with and across each sector; and
                    ``(E) other appropriate representatives or entities, 
                as determined by the Secretary.
            ``(2) Incidents.--In the event of an incident, during 
        exigent circumstances the Secretary may grant a Federal or non-
        Federal entity immediate temporary access to the Center.

    ``(e) Principles.--In carrying out the functions under subsection 
(c), the Center shall ensure--
            ``(1) to the extent practicable, that--
                    ``(A) timely, actionable, and relevant information 
                related to cybersecurity risks, incidents, and analysis 
                is shared;
                    ``(B) when appropriate, information related to 
                cybersecurity risks, incidents, and analysis is 
                integrated with other relevant information and tailored 
                to the specific characteristics of a sector;
                    ``(C) activities are prioritized and conducted based 
                on the level of risk;
                    ``(D) industry sector-specific, academic, and 
                national laboratory expertise is sought and receives 
                appropriate consideration;
                    ``(E) continuous, collaborative, and inclusive 
                coordination occurs--
                          ``(i) across sectors; and
                          ``(ii) with--
                                    ``(I) sector coordinating councils;
                                    ``(II) information sharing and 
                                analysis organizations; and
                                    ``(III) other appropriate non-
                                Federal partners;
                    ``(F) as appropriate, the Center works to develop 
                and use mechanisms for sharing information related to 
                cybersecurity risks and incidents that are technology-
                neutral, interoperable, real-time, cost-effective, and 
                resilient; and
                    ``(G) the Center works with other agencies to reduce 
                unnecessarily duplicative sharing of information related 
                to cybersecurity risks and incidents;
            ``(2) that information related to cybersecurity risks and 
        incidents is appropriately safeguarded against unauthorized 
        access; and
            ``(3) that activities conducted by the Center comply with 
        all policies, regulations, and laws that protect the privacy and 
        civil liberties of United States persons.

    ``(f) No Right or Benefit.--
            ``(1) In general.--The provision of assistance or 
        information to, and inclusion in the Center of, governmental or 
        private entities under this section shall be at the sole and 
        unreviewable

[[Page 128 STAT. 3069]]

        discretion of the Under Secretary appointed under section 
        103(a)(1)(H).
            ``(2) Certain assistance or information.--The provision of 
        certain assistance or information to, or inclusion in the Center 
        of, one governmental or private entity pursuant to this section 
        shall not create a right or benefit, substantive or procedural, 
        to similar assistance or information for any other governmental 
        or private entity.''.

    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is 
amended by inserting after the item relating to section 225 the 
following:

``Sec. 226. National cybersecurity and communications integration 
           center.''.

SEC. 4. RECOMMENDATIONS REGARDING NEW AGREEMENTS.

    (a) In General.--Not later than 180 days after the 
date <<NOTE: Deadline.>> of enactment of this Act, the Secretary shall 
submit recommendations on how to expedite the implementation of 
information-sharing agreements for cybersecurity purposes between the 
Center and non-Federal entities (referred to in this section as 
``cybersecurity information-sharing agreements'') to--
            (1) the Committee on Homeland Security and Governmental 
        Affairs and the Committee on the Judiciary of the Senate; and
            (2) the Committee on Homeland Security and the Committee on 
        the Judiciary of the House of Representatives.

    (b) Contents.--In submitting recommendations under subsection (a), 
the Secretary shall--
            (1) address the development and utilization of a scalable 
        form that retains all privacy and other protections in 
        cybersecurity information-sharing agreements that are in effect 
        as of the date on which the Secretary submits the 
        recommendations, including Cooperative Research and Development 
        Agreements; and
            (2) include in the recommendations any additional 
        authorities or resources that may be needed to carry out the 
        implementation of any new cybersecurity information-sharing 
        agreements.
SEC. 5. ANNUAL REPORT.

    Not later than 1 year after the date of enactment of this Act, and 
every year thereafter for 3 years, the Secretary shall submit to the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on the Judiciary of the Senate, the Committee on Homeland 
Security and the Committee on the Judiciary of the House of 
Representatives, and the Comptroller General of the United States a 
report on the Center, which shall include--
     (a) information on the Center, including--
            (1) an assessment of the capability and capacity of the 
        Center to carry out its cybersecurity mission under this Act;
            (2) the number of representatives from non-Federal entities 
        that are participating in the Center, including the number of 
        representatives from States, nonprofit organizations, and 
        private sector entities, respectively;
            (3) the number of requests from non-Federal entities to 
        participate in the Center and the response to such requests;

[[Page 128 STAT. 3070]]

            (4) the average length of time taken to resolve requests 
        described in paragraph (3);
            (5) the identification of--
                    (A) any delay in resolving requests described in 
                paragraph (3) involving security clearance processing; 
                and
                    (B) the agency involved with a delay described in 
                subparagraph (A);
            (6) a description of any other obstacles or challenges to 
        resolving requests described in paragraph (3) and a summary of 
        the reasons for denials of any such requests;
            (7) the extent to which the Department is engaged in 
        information sharing with each critical infrastructure sector, 
        including--
                    (A) the extent to which each sector has 
                representatives at the Center;
                    (B) the extent to which owners and operators of 
                critical infrastructure in each critical infrastructure 
                sector participate in information sharing at the Center; 
                and
                    (C) the volume and range of activities with respect 
                to which the Secretary has collaborated with the sector 
                coordinating councils and the sector-specific agencies 
                to promote greater engagement with the Center; and
            (8) the policies and procedures established by the Center to 
        safeguard privacy and civil liberties.
SEC. 6. GAO REPORT.

    Not later than 2 years after the date of enactment of this Act, the 
Comptroller General of the United States shall submit to the Committee 
on Homeland Security and Governmental Affairs of the Senate and the 
Committee on Homeland Security of the House of Representatives a report 
on the effectiveness of the Center in carrying out its cybersecurity 
mission.
SEC. 7. CYBER INCIDENT RESPONSE PLAN; CLEARANCES; BREACHES.

    (a) Cyber Incident Response Plan; Clearances.--Subtitle C of title 
II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.), as 
amended by section 3, is amended by adding at the end the following:
``SEC. 227. <<NOTE: 6 USC 149.>>  CYBER INCIDENT RESPONSE PLAN.

    ``The Under Secretary appointed under section 103(a)(1)(H) shall, in 
coordination with appropriate Federal departments and agencies, State 
and local governments, sector coordinating councils, information sharing 
and analysis organizations (as defined in section 212(5)), owners and 
operators of critical infrastructure, and other appropriate entities and 
individuals, develop, regularly update, maintain, and exercise adaptable 
cyber incident response plans to address cybersecurity risks (as defined 
in section 226) to critical infrastructure.
``SEC. 228. <<NOTE: 6 USC 150.>>  CLEARANCES.

    ``The Secretary shall make available the process of application for 
security clearances under Executive Order 13549 (75 Fed. Reg. 162; 
relating to a classified national security information program) or any 
successor Executive Order to appropriate representatives

[[Page 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) <<NOTE: 44 USC 3543 note.>>  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) <<NOTE: Notifications.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Time period. Effective date.>>  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

[[Page 128 STAT. 3072]]

        provide notice under paragraph (1)(A) shall only provide such 
        notice to appropriate committees of Congress.

    (c) <<NOTE: 6 USC 149 note.>>  Rule of Construction.--Nothing in the 
amendment made by subsection (a) or in subsection (b)(1) shall be 
construed to alter any authority of a Federal agency or department.

    (d) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note), 
as amended by section 3, is amended by inserting after the item relating 
to section 226 the following:

``Sec. 227. Cyber incident response plan.
``Sec. 228. Clearances.''.

SEC. 8. <<NOTE: 6 USC 148 note.>>  RULES OF CONSTRUCTION.

    (a) Prohibition on New Regulatory Authority.--Nothing in this Act or 
the amendments made by this Act shall be construed to grant the 
Secretary any authority to promulgate regulations or set standards 
relating to the cybersecurity of private sector critical infrastructure 
that was not in effect on the day before the date of enactment of this 
Act.
    (b) Private Entities.--Nothing in this Act or the amendments made by 
this Act shall be construed to require any private entity--
            (1) to request assistance from the Secretary; or
            (2) that requested such assistance from the Secretary to 
        implement any measure or recommendation suggested by the 
        Secretary.

    Approved December 18, 2014.

LEGISLATIVE HISTORY--S. 2519:
---------------------------------------------------------------------------

SENATE REPORTS: No. 113-240 (Comm. on Homeland Security and Governmental 
Affairs).
CONGRESSIONAL RECORD, Vol. 160 (2014):
            Dec. 10, considered and passed Senate.
            Dec. 11, considered and passed House.

                                  <all>
```