III 

115TH CONGRESS 

1ST SESSION S. RES. 23 

Establishing the Select Committee on Cybersecurity. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2017 

Mr. GARDNER (for himself and Mr. COONS) submitted the following 

resolution; which was referred to the Committee on Rules and Administration 

RESOLUTION 

Establishing the Select Committee on Cybersecurity. 

1 Resolved, 

2 SECTION 1. SELECT COMMITTEE ON CYBERSECURITY. 

3 (a) DEFINITIONS.—In this section— 

4 (1) the term ‘‘cybersecurity’’ means the protec5 tion or defense of cyberspace from cyberattacks; 

6 (2) the term ‘‘cybersecurity breach’’ means an 

7 attack via cyberspace, targeting an enterprise’s use 

8 of cyberspace for the purpose of— 

9 (A) disrupting, disabling, destroying, or 

10 maliciously controlling a computing environ11 ment or infrastructure; or 


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1 (B) destroying the integrity of data or 

2 stealing controlled information; and 

3 (3) the term ‘‘cyberspace’’ means the global do4 main within the information environment consisting 

5 of the interdependent network of information sys6 tems infrastructures (including the Internet, tele7 communications networks, computer systems, and 

8 embedded processors and controllers). 

9 (b) ESTABLISHMENT.—There is established a select 

10 committee of the Senate to be known as the Select Com11 mittee on Cybersecurity (in this resolution referred to as 

12 the ‘‘select committee’’)— 

13 (1) to oversee and make continuing studies of 

14 and recommendations regarding cybersecurity 

15 threats to the United States; and 

16 (2) which may report by bill or otherwise on 

17 matters within its jurisdiction. 

18 (c) MEMBERSHIP.— 

19 (1) IN GENERAL.—The select committee shall 

20 be composed of 21 members as follows: 

21 (A) The Chairman and Ranking Member 

22 of the Committee on Appropriations. 

23 (B) The Chairman and Ranking Member 

24 of the Committee on Armed Services. 


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1 (C) The Chairman and Ranking Member 

2 of the Committee on Banking, Housing, and 

3 Urban Affairs. 

4 (D) The Chairman and Ranking Member 

5 of the Committee on Commerce, Science, and 

6 Transportation. 

7 (E) The Chairman and Ranking Member 

8 of the Committee on Foreign Relations. 

9 (F) The Chairman and Ranking Member 

10 of the Committee on Homeland Security and 

11 Governmental Affairs. 

12 (G) The Chairman and Vice Chairman of 

13 the Select Committee on Intelligence. 

14 (H) The Chairman and Ranking Member 

15 of the Committee on the Judiciary. 

16 (I) Five members who shall be appointed 

17 from the Senate at large. 

18 (2) MEMBERS FROM OTHER COMMITTEES.—If 

19 the Chairman or Ranking Member of a committee 

20 named in subparagraphs (A) through (H) of para21 graph (1) chooses not to serve on the select com22 mittee, the Chairman or Ranking Member of such 

23 committee, respectively, shall appoint 1 member of 

24 such committee to the select committee. 


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1 (3) APPOINTMENT OF OTHER MEMBERS.—The 

2 Majority Leader shall appoint 3 of the members 

3 under paragraph (1)(I) and the Minority Leader 

4 shall appoint 2 of the members under paragraph 

5 (1)(I). 

6 (4) EX OFFICIO MEMBERS.—The Majority 

7 Leader and Minority Leader shall serve as ex officio, 

8 nonvoting members of the select committee. 

9 (5) CHAIRPERSON AND VICE CHAIRPERSON.— 

10 At the beginning of each Congress, the Majority 

11 Leader shall select a chairperson of the select com12 mittee and the Minority Leader shall select a vice 

13 chairperson for the select committee. 

14 (d) SUBCOMMITTEES AUTHORIZED.—The select com15 mittee may be organized into subcommittees. Each sub16 committee shall have a chairperson and a vice chairperson 

17 who are selected by the chairperson and vice chairperson 

18 of the select committee, respectively. 

19 (e) JURISDICTION.—There shall be referred to the se20 lect committee all proposed legislation, messages, peti21 tions, memorials, and other matters relating to the fol22 lowing: 

23 (1) Domestic and foreign cybersecurity risks 

24 (including state-sponsored threats) to the United 

25 States, including to— 


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1 (A) the computer systems of the United 

2 States; 

3 (B) the infrastructure of the United 

4 States; 

5 (C) citizens of the United States; 

6 (D) corporations and other businesses in 

7 the United States; and 

8 (E) the commerce of the United States. 

9 (2) The activities of any department or agency 

10 relating to preventing, protecting against, or re11 sponding to cybersecurity threats to the United 

12 States, and relevant incidents or actions. 

13 (3) The organization or reorganization of any 

14 department or agency to the extent that the organi15 zation or reorganization relates to a function or ac16 tivity involving preventing, protecting against, or re17 sponding to cybersecurity threats to the United 

18 States, and relevant incidents or actions. 

19 (4) Authorizations for appropriations, both di20 rect and indirect, for preventing, protecting against, 

21 or responding to cybersecurity threats to the United 

22 States, and relevant incidents or actions. 

23 (f) AUTHORITIES.— 


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1 (1) IN GENERAL.—For the purposes of this res2 olution, the select committee is authorized in its dis3 cretion— 

4 (A) to make investigations into any matter 

5 within its jurisdiction; 

6 (B) to make expenditures from the contin7 gent fund of the Senate; 

8 (C) to employ personnel; 

9 (D) to hold hearings; 

10 (E) to sit and act at any time or place dur11 ing the sessions, recesses, and adjourned peri12 ods of the Senate; 

13 (F) to require, by subpoena or otherwise, 

14 the attendance of witnesses and the production 

15 of correspondence, books, papers, and docu16 ments; 

17 (G) to take depositions and other testi18 mony and authorize employees of the select 

19 committee to take depositions and other testi20 mony; 

21 (H) to procure the services of individual 

22 consultants, or organizations thereof, in accord23 ance with section 202(i) of the Legislative Re24 organization Act of 1946 (2 U.S.C. 4301(i)); 


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1 (I) with the prior consent of the govern2 ment department or agency concerned and the 

3 Committee on Rules and Administration, to use 

4 on a reimbursable basis the services of per5 sonnel of any such department or agency; 

6 (J) to make recommendations and report 

7 legislation on matters within its jurisdiction; 

8 and 

9 (K) permit any personal representative of 

10 the President, designated by the President to 

11 serve as a liaison to the select committee, to at12 tend any closed meeting of the select com13 mittee. 

14 (2) OATHS.—The chairperson of the select com15 mittee or any member thereof may administer oaths 

16 to witnesses. 

17 (3) SUBPOENAS.— 

18 (A) AUTHORIZATION OF SUBPOENAS.—The 

19 issuance of a subpoena may only be authorized 

20 by the select committee upon an affirmative 

21 vote of a majority of the members of the select 

22 committee, which vote may not be held before 

23 the time that is 48 hours after notice of the re24 quest to authorize the issuance of the subpoena 


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1 is provided to each member of the select com2 mittee, absent unanimous consent. 

3 (B) ISSUANCE.—A subpoena authorized by 

4 the select committee— 

5 (i) may be issued under the signature 

6 of the chairperson, the vice chairperson, or 

7 any member of the select committee des8 ignated by the chairperson; and 

9 (ii) may be served by any person des10 ignated by the chairperson, the vice chair11 person, or other member signing the sub12 poena. 

13 (g) OBTAINING INFORMATION.— 

14 (1) IN GENERAL.—The select committee shall 

15 obtain from the President and the heads of depart16 ments and agencies the information relevant to cy17 bersecurity risks and threats required to ensure that 

18 the members of the select committee have complete 

19 and current information relating to cybersecurity ac20 tivities and threats, which may include obtaining 

21 written reports reviewing— 

22 (A) the activities carried out by the depart23 ment or agency concerned to prevent, protect 

24 against, or respond to cybersecurity threats; 


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1 (B) the cybersecurity threats from within 

2 the United States and from foreign countries 

3 that are directed at the United States or its in4 terests; 

5 (C) previously conducted or anticipated 

6 covert actions relating to cybersecurity; and 

7 (D) any significant cybersecurity breaches 

8 that could— 

9 (i) affect the diplomatic, political, eco10 nomic, or military relations of the United 

11 States with other countries or groups; or 

12 (ii) impose a major financial cost on 

13 the Federal Government, citizens of the 

14 United States, corporations or other busi15 nesses in the United States, or the com16 merce of the United States. 

17 (2) ACCESS OF MEMBERS TO INFORMATION.— 

18 Each member of the select committee shall have 

19 equal and unimpeded access to information collected 

20 or otherwise obtained by the select committee. 

21 (3) CLASSIFIED INFORMATION.— 

22 (A) IN GENERAL.—No employee of the se23 lect committee or any person engaged by con24 tract or otherwise to perform services for or at 

25 the request of the select committee shall be 


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1 given access to any classified information by the 

2 select committee unless the employee or person 

3 has— 

4 (i) agreed in writing and under oath 

5 to be bound by the rules of the Senate (in6 cluding the jurisdiction of the Select Com7 mittee on Ethics) and of the select com8 mittee as to the security of such informa9 tion during and after the period of the em10 ployment or contractual agreement with 

11 the select committee; and 

12 (ii) received an appropriate security 

13 clearance, as determined by the select com14 mittee, in consultation with the Director of 

15 National Intelligence. 

16 (B) TYPE OF CLEARANCE.—The type of 

17 security clearance to be required in the case of 

18 any employee or person described in subpara19 graph (A) shall, within the determination of the 

20 select committee, in consultation with the Di21 rector of National Intelligence, be commensu22 rate with the sensitivity of the classified infor23 mation to which the employee or person will be 

24 given access by the select committee. 


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1 (4) PROVISION OF INFORMATION BY DEPART2 MENTS AND AGENCIES.— 

3 (A) IN GENERAL.—The head of each de4 partment and agency shall keep the select com5 mittee fully and currently informed with respect 

6 to cybersecurity activities and threats, including 

7 activities to prevent, protect against, or respond 

8 to cybersecurity threats and any significant an9 ticipated activities relating to cybersecurity 

10 which are the responsibility of or engaged in by 

11 the department or agency. 

12 (B) INFORMATION AND DOCUMENTS.—The 

13 head of any department or agency involved in 

14 any cybersecurity activities shall furnish any in15 formation or document in the possession, cus16 tody, or control of the department or agency, or 

17 person paid by the department or agency, when18 ever requested by the select committee with re19 spect to any matter within the jurisdiction of 

20 the select committee. 

21 (C) ANNUAL REPORTS TO SELECT COM22 MITTEE.—The Director of National Intel23 ligence, the Director of the Central Intelligence 

24 Agency, the Secretary of Defense, the Secretary 

25 of State, the Director of the Federal Bureau of 


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1 Investigation, and the Secretary of Commerce 

2 shall each submit to the select committee an an3 nual report on cyber threats. 

4 (h) PERSONNEL PROVISIONS.— 

5 (1) IN GENERAL.—In addition to other com6 mittee staff selected by the select committee, the se7 lect committee shall hire or appoint 1 employee for 

8 each member of the select committee to serve as the 

9 designated representative of the member on the se10 lect committee. The select committee shall only hire 

11 or appoint an employee chosen by a member of the 

12 select committee for whom the employee will serve as 

13 the designated representative on the select com14 mittee. 

15 (2) SUPPLEMENT TO BUDGET.—The select 

16 committee shall be afforded a supplement to its 

17 budget, to be determined by the Committee on Rules 

18 and Administration, to allow for the hire of each em19 ployee who fills the position of designated represent20 ative to the select committee. The designated rep21 resentative shall have office space and appropriate 

22 office equipment in the select committee spaces. 

23 Designated personal representatives shall have the 

24 same access to committee staff, information, records, 


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1 and databases as select committee staff, as deter2 mined by the chairperson and vice chairperson. 

3 (3) REQUIREMENTS FOR DESIGNATED EMPLOY4 EES.—Each designated employee shall meet all the 

5 requirements of relevant statutes, Senate rules, and 

6 committee security clearance requirements for em7 ployment by the select committee. 

8 (4) DIVISION OF FUNDS.—Of the amounts 

9 made available to the select committee for per10 sonnel— 

11 (A) not more than 60 percent shall be 

12 under the control of the chairperson; and 

13 (B) not less than 40 percent shall be under 

14 the control of the vice chairperson. 

15 (i) COMMITTEE RULES.— 

16 (1) IN GENERAL.—The select committee shall 

17 adopt rules (not inconsistent with the rules of the 

18 Senate and in accordance with rule XXVI of the 

19 Standing Rules of the Senate) governing the proce20 dure of the select committee, which shall include ad21 dressing how often the select committee shall meet, 

22 meeting times and location, type of notifications, no23 tices of hearings, duration of the select committee, 

24 and records of the select committee after committee 

25 activities are complete. 


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1 (2) UNANIMOUS VOTE REQUIRED.—The select 

2 committee may only adopt rules under paragraph 

3 (1) by a unanimous vote of the voting members of 

4 the select committee. 

Æ 


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