```

[House Report 112-592]
[From the U.S. Government Publishing Office]

112th Congress                                            Rept. 112-592
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================

 
     PROMOTING AND ENHANCING CYBERSECURITY AND INFORMATION SHARING 
                       EFFECTIVENESS ACT OF 2012

                                _______
                                

                 July 11, 2012.--Ordered to be printed

                                _______
                                

    Mr. King of New York, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 3674]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 3674) to amend the Homeland Security Act of 2002 
to make certain improvements in the laws relating to 
cybersecurity, and for other purposes, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    11
Background and Need for Legislation..............................    11
Hearings.........................................................    11
Committee Consideration..........................................    12
Committee Votes..................................................    17
Committee Oversight Findings.....................................    23
New Budget Authority, Entitlement Authority, and Tax Expenditures    23
Congressional Budget Office Estimate.............................    23
Statement of General Performance Goals and Objectives............    25
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    26
Federal Mandates Statement.......................................    26
Preemption Clarification.........................................    26
Advisory Committee Statement.....................................    26
Applicability to Legislative Branch..............................    27
Section-by-Section Analysis of the Legislation...................    27
Changes in Existing Law Made by the Bill, as Reported............    32
Committee Correspondence.........................................    44
Dissenting Views.................................................    51
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Promoting and Enhancing Cybersecurity 
and Information Sharing Effectiveness Act of 2012'' or the ``PRECISE 
Act of 2012''.

SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY ACTIVITIES.

  (a) In General.--Subtitle C of title II of the Homeland Security Act 
of 2002 is amended by adding at the end the following new sections:

``SEC. 226. DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY ACTIVITIES.

  ``(a) In General.--The Secretary shall perform necessary activities 
to help facilitate the protection of Federal systems and, solely upon 
the request of critical infrastructure owners and operators, assist 
such critical infrastructure owners and operators in protecting their 
critical infrastructure information systems to include--
          ``(1) conduct risk assessments, subject to the availability 
        of resources and, solely upon request from critical 
        infrastructure owners and operators, critical infrastructure 
        information systems;
          ``(2) assist in fostering the development, in conjunction 
        with the National Institute of Standards and Technology and 
        other Federal departments and agencies and the private sector, 
        of essential information security technologies and capabilities 
        for protecting Federal systems and critical infrastructure 
        information systems, including comprehensive protective 
        capabilities and other technological solutions;
          ``(3) assist in efforts to mitigate communications and 
        information technology supply chain vulnerabilities;
          ``(4) support nationwide awareness and outreach efforts, to 
        include participation in appropriate interagency cybersecurity 
        awareness and education programs, to educate the public;
          ``(5) conduct exercises, simulations, and other activities 
        designed to support and evaluate the national cyber incident 
        response plan; and
          ``(6) subject to the availability of resources and, upon 
        request of critical infrastructure owners and operators, 
        provide technical assistance, including sending on-site teams, 
        to such critical infrastructure owners and operators.
  ``(b) Interagency Duties.--At the direction of the Office of 
Management and Budget pursuant to subchapter II of chapter 35 of title 
44, United States Code, the Secretary shall--
          ``(1) conduct targeted risk assessments and operational 
        evaluations, in conjunction with the heads of other agencies, 
        for Federal systems that may include threat, vulnerability, and 
        impact assessments and penetration testing;
          ``(2) in conjunction with the National Institute of Standards 
        and Technology and appropriate Federal departments and 
        agencies, as well as the private sector, provide for the use of 
        consolidated intrusion detection, prevention, or other 
        protective capabilities and use associated countermeasures for 
        the purpose of protecting Federal systems from cybersecurity 
        threats;
          ``(3) in conjunction with other agencies and the private 
        sector, assess and foster the development of information 
        security technologies and capabilities for use and 
        dissemination throughout the Department of Homeland Security 
        and to be made available across multiple agencies;
          ``(4) designate an entity within the Department of Homeland 
        Security to receive reports and information about cybersecurity 
        incidents, threats, and vulnerabilities affecting Federal 
        systems; and
          ``(5) provide incident detection, analysis, mitigation, and 
        response information and remote or on-site technical assistance 
        for Federal systems.
  ``(c) Cybersecurity Operational Activity.--
          ``(1) In general.--While carrying out the responsibilities 
        authorized in paragraphs (2) and (3) of subsection (b), the 
        Secretary is authorized, notwithstanding any other provision of 
        law, to acquire, intercept, retain, use, and disclose 
        communications and other system traffic that are transiting to 
        or from or stored on Federal systems and to deploy 
        countermeasures with regard to such communications and system 
        traffic for cybersecurity purposes if the Secretary certifies 
        that--
                  ``(A) such acquisitions, interceptions, and 
                countermeasures are reasonably necessary for the 
                purpose of protecting Federal systems from 
                cybersecurity threats;
                  ``(B) the content of communications will be collected 
                and retained only when the communication is associated 
                with a known or reasonably suspected cybersecurity 
                threat and communications and system traffic will not 
                be subject to the operation of a countermeasure unless 
                associated with such threats;
                  ``(C) information obtained pursuant to activities 
                authorized under this subsection will only be retained, 
                used, or disclosed to protect Federal systems from 
                cybersecurity threats, mitigate against such threats, 
                or, with the approval of the Attorney General, for law 
                enforcement purposes when the information is evidence 
                of a crime which has been, is being, or is about to be 
                committed;
                  ``(D) notice has been provided to users of Federal 
                systems concerning the potential for acquisition, 
                interception, retention, use, and disclosure of 
                communications and other system traffic; and
                  ``(E) such activities are implemented pursuant to 
                policies and procedures governing the acquisition, 
                interception, retention, use, and disclosure of 
                communications and other system traffic that have been 
                reviewed and approved by the Attorney General.
          ``(2) Obtaining assistance.--The Secretary may enter into 
        contracts or other agreements, or otherwise request and obtain 
        the assistance of, private entities that provide electronic 
        communication or cybersecurity services to acquire, intercept, 
        retain, use, and disclose communications and other system 
        traffic consistent with paragraph (1).
          ``(3) Permission by other agencies.--Agencies are authorized 
        to permit the Secretary, or a private entity providing 
        assistance to the Secretary under paragraph (2), to acquire, 
        intercept, retain, use, or disclose communications, system 
        traffic, records, or other information transiting to or from or 
        stored on a Federal system, notwithstanding any other provision 
        of law, for the purpose of protecting Federal systems from 
        cybersecurity threats or mitigating such threats in connection 
        with activities under this subsection.
          ``(4) Privileged communications.--No otherwise privileged 
        communication obtained in accordance with, or in violation of, 
        this subtitle shall lose its privileged character.
  ``(d) Coordination.--
          ``(1) Coordination with other entities.--In carrying out 
        cybersecurity activities subsection (a), the Secretary shall 
        coordinate, as appropriate, with--
                  ``(A) the head of relevant Federal departments or 
                agencies;
                  ``(B) representatives of State and local governments;
                  ``(C) owners and operators of critical 
                infrastructure;
                  ``(D) suppliers of technology for owners and 
                operators of critical infrastructure;
                  ``(E) academia; and
                  ``(F) international organizations and foreign 
                partners.
          ``(2) Lead dhs cybersecurity official.--The Secretary shall 
        designate a lead cybersecurity official within the Department 
        to provide leadership to the cybersecurity activities of the 
        Department and to ensure that the Department's cybersecurity 
        activities under this subtitle are coordinated with all other 
        infrastructure protection and cyber-related programs and 
        activities of the Department, including those of any 
        intelligence or law enforcement components or entities within 
        the Department.
          ``(3) Reports to congress.--The lead DHS cybersecurity 
        official shall make annual reports to the appropriate 
        committees of Congress on the coordination of cyber-related 
        programs across the Department.
  ``(e) Strategy.--In carrying out the cybersecurity activities of the 
Department under subsection (a), the Secretary shall develop and 
maintain a strategy that--
          ``(1) articulates the actions of the Department that are 
        necessary to assure the readiness, reliability, continuity, 
        integrity, and resilience of Federal systems and critical 
        infrastructure information systems;
          ``(2) includes explicit goals and objectives for the 
        Department as well as specific timeframes for achievement of 
        stated goals and objectives by the Department;
          ``(3) fosters the continued superiority and reliability of 
        the United States information technology and communications 
        sectors; and
          ``(4) ensures that activities of the Department are 
        undertaken in a manner that protects statutory privacy rights 
        and civil liberties of United States persons.
  ``(f) No Right or Benefit.--The provision of assistance or 
information to critical infrastructure owners and operators, upon 
request of such critical infrastructure owners and operators, under 
this section shall be at the discretion of the Secretary and subject to 
the availability of resources. The provision of certain assistance or 
information to one critical infrastructure owner or and operator 
pursuant to this section shall not create a right or benefit, 
substantive or procedural, to similar assistance or information for any 
other critical infrastructure owner or and operator.
  ``(g) Privacy Officer Oversight.--The Privacy Officer of the 
Department of Homeland Security shall review on an ongoing basis, and 
prepare, as necessary, privacy impact assessments on, the cybersecurity 
policies, programs, and activities of the Department of Homeland 
Security for such purposes as ensuring compliance with all relevant 
constitutional and legal protections.
  ``(h) Savings Clause.--Nothing in this subtitle shall be interpreted 
to--
          ``(1) alter or amend the authorities of any Federal 
        department or agency other than the Department of Homeland 
        Security, including the law enforcement or intelligence 
        authorities of any such Federal department or agency or the 
        authority of any such Federal department or agency to protect 
        sources and methods and the national security;
          ``(2) limit or modify an existing information sharing or 
        other relationship;
          ``(3) prohibit a new information sharing or other 
        relationship;
          ``(4) require a new information sharing or other relationship 
        between the Federal Government and a private sector entity;
          ``(5) alter or otherwise limit the authority of any Federal 
        department or agency to also undertake any activities that the 
        Department of Homeland Security is authorized to undertake 
        pursuant to this section; or
          ``(6) provide additional authority to, or modify an existing 
        authority of the Department of Homeland Security to control, 
        modify, require, or otherwise direct the cybersecurity efforts 
        of a private-sector entity or a component of the Federal 
        Government or a State, local, or tribal government.
  ``(i) Definitions.--In this section:
          ``(1) The term `countermeasure' means automated actions with 
        defensive intent to modify or block data packets associated 
        with electronic or wire communications, internet traffic, 
        program code, or other system traffic transiting to or from or 
        stored on an information system for the purpose of protecting 
        the information system from cybersecurity threats.
          ``(2) The term `Federal systems' means information systems 
        owned, operated, leased, or otherwise controlled by a Federal 
        department or agency, or on behalf of a Federal department or 
        agency, except for national security systems or those 
        information systems under the control of, used by, or storing 
        information of the Department of Defense or any element of the 
        Intelligence Community, including any information systems used 
        or operated by a contractor of the Department of Defense or any 
        element of the Intelligence Community, or other organization on 
        behalf of the Department of Defense or any element of the 
        Intelligence Community.
          ``(3) The term `critical infrastructure information systems' 
        means any information system that is--
                  ``(A) vital to the functioning of critical 
                infrastructure as defined in section 5195c(e) of title 
                42, United States Code; or
                  ``(B) owned or operated by or on behalf of a State or 
                local government entity that is necessary to ensure 
                essential government operations continue.
          ``(4) The term `information system' means any equipment or 
        interconnected system or subsystem of equipment that is used in 
        the automatic acquisition, storage, manipulation, management, 
        movement, control, display, switching, interchange, 
        transmission, or reception of data or information, and 
        includes--
                  ``(A) computers and computer networks;
                  ``(B) ancillary equipment;
                  ``(C) software, firmware, and related procedures;
                  ``(D) services, including support services; and
                  ``(E) related resources.
          ``(5) The term `national security system' means any 
        information infrastructure (including any telecommunications 
        system) used or operated by an agency, by a contractor of an 
        agency, or by another organization on behalf of an agency--
                  ``(A) the function, operation, or use of which--
                          ``(i) involves intelligence activities or 
                        intelligence-related activities;
                          ``(ii) involves cryptologic activities 
                        related to national security;
                          ``(iii) involves command and control of 
                        military forces;
                          ``(iv) involves equipment that is an integral 
                        part of a weapon or weapons system; or
                          ``(v) is critical to the direct fulfillment 
                        of military or intelligence missions;
                  ``(B) that contains information related to the 
                activities and other matters set forth in subparagraph 
                (A); or
                  ``(C) that is protected by procedures established for 
                classified, national security, foreign policy, 
                intelligence or intelligence-related, or other 
                appropriate information.

``SEC. 227. PERSONNEL AUTHORITIES RELATED TO THE OFFICE OF 
                    CYBERSECURITY AND COMMUNICATIONS.

  ``(a) In General.--In order to assure that the Department has the 
necessary resources to carry out the mission set forth in section 226, 
the Secretary may, as necessary, convert competitive service positions, 
and the incumbents of such positions, within the Office of 
Cybersecurity and Communications to excepted service, or may establish 
new positions within the Office of Cybersecurity and Communications in 
the excepted service, to the extent that the Secretary determines such 
positions are necessary to carry out the cybersecurity functions of the 
Department.
  ``(b) Compensation.--The Secretary may--
          ``(1) fix the compensation of individuals who serve in 
        positions referred to in subsection (a) in relation to the 
        rates of pay provided for comparable positions in the 
        Department and subject to the same limitations on maximum rates 
        of pay established for employees of the Department by law or 
        regulations; and
          ``(2) provide additional forms of compensation, including 
        benefits, incentives, and allowances, that are consistent with 
        and not in excess of the level authorized for comparable 
        positions authorized under title 5, United States Code.
  ``(c) Retention Bonuses.--Notwithstanding any other provision of law, 
the Secretary may pay a retention bonus to any employee appointed under 
this section, if the Secretary determines that the bonus is needed to 
retain essential personnel. Before announcing the payment of a bonus 
under this subsection, the Secretary shall submit a written explanation 
of such determination to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate.
  ``(d) Annual Report.--Not later than one year after the date of the 
enactment of this section, and annually thereafter, the Secretary shall 
submit to appropriate Congressional committees a detailed report that 
includes, for the period covered by the report--
          ``(1) a discussion the Secretary's use of the flexible 
        authority authorized under this section to recruit and retain 
        qualified employees;
          ``(2) metrics on relevant personnel actions, including--
                  ``(A) the number of qualified employees hired by 
                occupation and grade, level, or pay band;
                  ``(B) the total number of veterans hired;
                  ``(C) the number of separations of qualified 
                employees;
                  ``(D) the number of retirements of qualified 
                employees; and
                  ``(E) the number and amounts of recruitment, 
                relocation, and retention incentives paid to qualified 
                employees by occupation and grade, level, or pay band; 
                and
          ``(3) long-term and short-term strategic goals to address 
        critical skills deficiencies, including an analysis of the 
        numbers of and reasons for attrition of employees and barriers 
        to recruiting and hiring individuals qualified in 
        cybersecurity.

``SEC. 228. FEDERAL PREEMPTION, EXCLUSIVITY, AND LAW ENFORCEMENT AND 
                    INTELLIGENCE ACTIVITIES.

  ``(a) Preemption.--This subtitle supersedes any statute of a State or 
political subdivision of a State that restricts or otherwise expressly 
regulates the acquisition, interception, retention, use, or disclosure 
of communications, records, or other information by private entities or 
governmental entities to the extent such statute is inconsistent with 
this subtitle.
  ``(b) Additional Exclusive Means.--Section 226(c) constitutes an 
additional exclusive means for the domestic interception of wire or 
electronic communications, in accordance with the provisions of law 
codified at section 1812(b) of title 50, United States Code.
  ``(c) Limitation.--This subtitle does not authorize the Secretary to 
engage in law enforcement or intelligence activities that the 
Department is not otherwise authorized to conduct under existing 
law.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 225 
the following new items:

``Sec. 226. Department of Homeland Security cybersecurity activities.
``Sec. 227. Personnel authorities related to the Office of 
Cybersecurity and Communications.
``Sec. 228. Federal preemption, exclusivity, and law enforcement and 
intelligence activities.''.

  (c) Plan for Execution of Authorities.--Not later than 120 days after 
the date of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report containing a plan for the 
execution of the authorities contained in the amendment made by 
subsection (a).

SEC. 3. DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY INFORMATION 
                    SHARING.

  (a) Department of Homeland Security Cybersecurity Information 
Sharing.--
          (1) In general.--Title II of the Homeland Security Act of 
        2002, as amended by section 2, is further amended by adding at 
        the end the following:

``Subtitle E--Department of Homeland Security Cybersecurity Information 
                                Sharing

``SEC. 241. INFORMATION SHARING.

  ``The Secretary shall make appropriate cyber threat information 
obtained by the Department pursuant to title XI of the National 
Security Act of 1947 or other information appropriately in the 
possession of the Department available to appropriate owners and 
operators of critical infrastructure on a timely basis consistent with 
the statutory and other appropriate restrictions on the dissemination 
of such information and with the responsibilities of the Secretary 
under this title.

``SEC. 242. ESTABLISHMENT OF NATIONAL CYBERSECURITY AND COMMUNICATIONS 
                    INTEGRATION CENTER.

  ``(a) Establishment.--There is established within the Department the 
National Cybersecurity and Communications Integration Center.
  ``(b) Purpose.--The center established pursuant to subsection (a) 
shall be the primary entity within the Department for sharing timely 
cyber threat information and exchanging technical assistance, advice, 
and support with appropriate entities pursuant to the Department's 
authorities.

``SEC. 243. BOARD OF ADVISORS.

  ``(a) In General.--The National Cybersecurity and Communications 
Integration Center shall have a board of advisors which shall advise 
the Secretary on the efficient operation of the National Cybersecurity 
and Communications Integration Center.
  ``(b) Composition.--The board shall be composed of 13 members, 
including the following:
          ``(1) Eleven representatives from the critical infrastructure 
        sectors enumerated in the National Infrastructure Protection 
        Plan, of which at least one member shall represent a small 
        business interest and at least one member shall represent each 
        of the following sectors:
                  ``(A) Banking and finance.
                  ``(B) Communications.
                  ``(C) Defense industrial base.
                  ``(D) Energy, electricity subsector.
                  ``(E) Energy, oil, and natural gas subsector.
                  ``(F) Heath care and public health.
                  ``(G) Information technology.
                  ``(H) Water.
                  ``(I) Chemical.
          ``(2) Two representatives from the privacy and civil 
        liberties community.
          ``(3) The Chair of the National Council of Information 
        Sharing and Analysis Centers.
  ``(c) Initial Appointment.--Not later than 30 days after the date of 
the enactment of this subtitle, the Secretary of Homeland Security, in 
consultation with the heads of the sector specific agencies of the 
critical infrastructure sectors enumerated in the National 
Infrastructure Protection Plan, shall appoint the members of the board 
described under subsection (b) from individuals identified by the 
sector coordinating councils of the critical infrastructure sectors 
enumerated in the National Infrastructure Protection Plan.
  ``(d) Terms.--
          ``(1) Critical infrastructure representatives.--Each member 
        of the board described in subsection (b)(1) shall be appointed 
        for a term that is not less than one year and not longer than 
        three years from the date of the member's appointment, as 
        determined by the member's sector coordinating council.
          ``(2) Other representatives.--Each member of the board 
        described in subsection (b)(2) or (3) shall serve an initial 
        term that is not less than two years and not longer than three 
        years from the date of the member's appointment, and each such 
        member shall select the member's successor.
  ``(e) Duties.--The board shall--
          ``(1) meet not less frequently than quarterly;
          ``(2) act as an advocate on behalf of the private sector in 
        improving the operations of the National Cybersecurity 
        Communications Integration Center; and
          ``(3) submit to the Secretary and the appropriate committees 
        of Congress the annual report described in section 247.
  ``(f) Access to Information.--The members of the board shall, subject 
to the laws and procedures applicable to national security background 
investigations and security clearances, be provided with the 
appropriate security clearances and have access to appropriate 
information shared with the National Cybersecurity and Communications 
Integration Center and shall be subject to all of the limitations on 
the use of such information.
  ``(g) Sub-boards.--The board shall have the authority to constitute 
such sub-boards, or other advisory groups or panels, as may be 
necessary to assist the board in carrying out its functions under this 
section.

``SEC. 244. CHARTER.

  ``The Secretary shall develop a charter to govern the operations and 
administration of the National Cybersecurity and Communications 
Integration Center consistent with the requirements of title XI of the 
National Security Act of 1947. The charter shall include each of the 
following:
          ``(1) The organizational structure of the National 
        Cybersecurity and Communications Integration Center, including 
        a delineation of the mission expectations and responsibilities 
        of the various elements assigned to the Center.
          ``(2) A mission statement of the National Cybersecurity and 
        Communications Integration Center.
          ``(3) A plan that promotes broad participation by large, 
        medium, and small business owners and operators of networks or 
        systems in the private sector, entities operating critical 
        infrastructure, educational institutions, State, tribal, and 
        local governments, and the Federal Government.
          ``(4) Procedures for making appropriate cyber incident 
        information available to outside groups for academic research 
        and insurance actuarial purposes.

``SEC. 245. PARTICIPATION.

  ``Not later than 90 days after the date of the enactment of this 
subtitle, the Secretary shall publish the criteria and procedures for 
voluntary participation and voluntary physical collocation by 
appropriate Federal, State and local government departments, agencies 
and entities, and private sector businesses and organizations within 
the National Cybersecurity and Communications Integration Center.

``SEC. 246. ANNUAL REPORT.

  ``The board of advisors of the National Cybersecurity Communications 
Integration Center shall submit to the Secretary and the appropriate 
committees of Congress an annual report on the status of the National 
Cybersecurity Communications Integration Center and how the Center 
accomplished its purpose under section 242 during the year covered by 
the report. Each such report shall include, for the year covered by the 
report--
          ``(1) information on the amount and nature of information 
        shared by and through the Center;
          ``(2) the number of violations of statutory information 
        sharing restrictions and the procedures established for the 
        Center and any steps taken by the Center to reduce and 
        eliminate such violations;
          ``(3) any changes to the Center's charter as agreed upon by 
        the board and the membership; and
          ``(4) proposed ways to improve information sharing by and 
        through the Center.

``SEC. 247. AUTHORITY TO ISSUE WARNINGS.

  ``The Secretary may, in coordination with appropriate Federal 
departments and agencies, provide advisories, alerts, and warnings to 
relevant companies, targeted sectors, other government entities, or the 
general public regarding potential cybersecurity threats as 
appropriate. In issuing such an advisory, alert, or warning, the 
Secretary shall not disclose--
          ``(1) without the express consent of an entity voluntarily 
        sharing information with the Federal Government pursuant to 
        title XI of the National Security Act of 1947 and the Federal 
        department or agency that initially received such information, 
        any such information that forms the basis for the advisory, 
        alert, or warning or the source of such information;
          ``(2) information that is proprietary, business sensitive, 
        relates specifically to the submitting person or entity, or is 
        otherwise not appropriate for disclosure in the public domain; 
        and
          ``(3) any information that is restricted by statute, rule, or 
        regulation, including information restricted from disclosure 
        under title XI of the National Security Act of 1947, and 
        information relating to sources and methods and the national 
        security of the United States.

``SEC. 248. DEFINITIONS.

  ``In this subtitle:
          ``(1) Cyber threat information.--The term `cyber threat 
        information' means the information directly pertaining to a 
        vulnerability of, or threat to, a system or network of a 
        government or private entity, including information pertaining 
        to the protection of a system or network from--
                  ``(A) efforts to degrade, disrupt, or destroy such 
                system or network; or
                  ``(B) efforts to gain unauthorized access to a system 
                or network, including efforts to gain such unauthorized 
                access to steal or misappropriate private or government 
                information.
          ``(2) Cybersecurity threat.--The term `cybersecurity threat' 
        means a vulnerability of, or threat to, a system or network of 
        a government or private entity, including--
                  ``(A) efforts to degrade, disrupt, or destroy such 
                system or network; or
                  ``(B) efforts to gain unauthorized access to a system 
                or network, including efforts to gain such unauthorized 
                access to steal or misappropriate private or government 
                information.

``SEC. 249. SAVINGS CLAUSE.

  ``Nothing in this subtitle shall be interpreted to--
          ``(1) alter or amend the authorities of any Federal 
        department or agency other than the Department of Homeland 
        Security, including the law enforcement or intelligence 
        authorities of any such Federal department or agency or the 
        authority of any such Federal department or agency to protect 
        sources and methods and the national security;
          ``(2) limit or modify an existing information sharing or 
        other relationship;
          ``(3) prohibit a new information sharing or other 
        relationship;
          ``(4) require a new information sharing or other relationship 
        between the Federal Government and a private sector entity;
          ``(5) alter or otherwise limit the authority of any Federal 
        department or agency to also undertake any activities that the 
        Department of Homeland Security is authorized to undertake 
        pursuant to this section; or
          ``(6) provide additional authority to, or modify an existing 
        authority of the Department of Homeland Security to control, 
        modify, require, or otherwise direct the cybersecurity efforts 
        of a private-sector entity or a component of the Federal 
        Government or a State, local, or tribal government.''.
          (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act, as amended by section 2, is further amended 
        by adding at the end of the items relating to title II the 
        following new items:

``Subtitle E--Department of Homeland Security Cybersecurity Information 
                                Sharing

``Sec. 241. Information sharing.
``Sec. 242. Establishment of National Cybersecurity and Communications 
Integration Center.
``Sec. 243. Board of advisors.
``Sec. 244. Charter.
``Sec. 245. Participation.
``Sec. 246. Annual report.
``Sec. 247. Authority to issue warnings.
``Sec. 248. Definitions.
``Sec. 249. Savings clause.''.

  (b) Authorization of Appropriation for the National Cybersecurity and 
Communications Integration Center.--There is authorized to be 
appropriated $4,000,000 for each of fiscal years 2013, 2014, and 2015 
for the administration and management of the National Cybersecurity and 
Communications Integration Center.

SEC. 4. CYBERSECURITY RESEARCH AND DEVELOPMENT.

  (a) In General.--Title III of the Homeland Security Act of 2002 is 
amended by adding at the end the following:

``SEC. 318. CYBERSECURITY RESEARCH AND DEVELOPMENT.

  ``(a) In General.--The Under Secretary for Science and Technology 
shall support research, development, testing, evaluation, and 
transition of cybersecurity technology. Such support shall include 
fundamental, long-term research to improve the ability of the United 
States to prevent, protect against, detect, respond to, and recover 
from acts of terrorism and cyber attacks, with an emphasis on research 
and development relevant to attacks that would cause a debilitating 
impact on national security, national economic security, or national 
public health and safety.
  ``(b) Activities.--The research and development testing, evaluation, 
and transition supported under subsection (a) shall include work to--
          ``(1) advance the development and accelerate the deployment 
        of more secure versions of fundamental Internet protocols and 
        architectures, including for the domain name system and routing 
        protocols;
          ``(2) improve, create, and advance the research and 
        development of techniques and technologies for proactive 
        detection and identification of threats, attacks, and acts of 
        terrorism before they occur;
          ``(3) advance technologies for detecting attacks or 
        intrusions, including real-time monitoring and real-time 
        analytic technologies;
          ``(4) improve and create mitigation and recovery 
        methodologies, including techniques and policies for real-time 
        containment of attacks and development of resilient networks 
        and systems;
          ``(5) develop and support infrastructure and tools to support 
        cybersecurity research and development efforts, including 
        modeling, test beds, and data sets for assessment of new 
        cybersecurity technologies;
          ``(6) assist in the development and support of technologies 
        to reduce vulnerabilities in process control systems;
          ``(7) develop and support cyber forensics and attack 
        attribution;
          ``(8) test, evaluate, and facilitate the transfer of 
        technologies associated with the engineering of less vulnerable 
        software and securing the information technology software 
        development lifecycle;
          ``(9) ensure new cybersecurity technology is scientifically 
        and operationally validated; and
          ``(10) facilitate the planning, development, and 
        implementation of international cooperative activities (as 
        defined in section 317) to address cybersecurity and energy 
        infrastructure with foreign public or private entities, 
        governmental organizations, businesses (including small 
        business concerns and social and economically disadvantaged 
        small business concerns (as those terms are defined in sections 
        3 and 8 of the Small Business Act (15 U.S.C. 632 and 637) 
        respectively)), federally funded research and development 
        centers and universities from countries that may include 
        Israel, the United Kingdom, Canada, Australia, Singapore, 
        Germany, New Zealand, and other allies, as determined by the 
        Secretary, in research and development of technologies, best 
        practices, and other means to protect critical infrastructure, 
        including the national electric grid.
  ``(c) Coordination.--In carrying out this section, the Under 
Secretary shall coordinate all activities with--
          ``(1) the Under Secretary for National Protection and 
        Programs Directorate; and
          ``(2) the heads of other relevant Federal departments and 
        agencies, including the National Science Foundation, the 
        Defense Advanced Research Projects Agency, the Information 
        Assurance Directorate of the National Security Agency, the 
        National Institute of Standards and Technology, the Department 
        of Commerce, academic institutions, the Networking and 
        Information Technology Research and Development Program, and 
        other appropriate working groups established by the President 
        to identify unmet needs and cooperatively support activities, 
        as appropriate.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act, as amended by sections 2 and 3, is further amended by 
inserting after the item relating to section 317 the following new 
item:

``Sec. 318. Cybersecurity research and development.''.

SEC. 5. REPORT ON SUPPORT FOR REGIONAL CYBERSECURITY COOPERATIVES.

  (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate a report on what support, if any, the Department of Homeland 
Security might provide to regional, State, and local grassroots cyber 
cooperatives.
  (b) Contents.--The report shall include an analysis of the progress 
in establishing the ``NET Guard'' authorized under section 224 of the 
Homeland Security Act of 2002 (6 U.S.C. 144) to build a national 
technology guard for cyber response capabilities and an assessment of 
whether a grant process for pilot regional, State, or local cyber 
cooperatives would be beneficial. Such assessment should--
          (1) evaluate whether the grant process should include a 
        methodology of identifying recognized national experts in 
        relevant areas of science and technology, including agreed upon 
        metrics measuring the expertise and demonstrated capabilities 
        of such experts; and
          (2) address the following:
                  (A) The appropriateness of the establishment and 
                maintenance of a national volunteer experts registry 
                system comprised of the demonstrated national experts 
                described in this paragraph, together with information 
                relating to their particular areas of expertise and who 
                may be called upon to respond to a cyber incident.
                  (B) The need to identify and leverage existing 
                capabilities of cyber response and cyber workforce 
                challenge programs in States, local governments, 
                private sector entities, and non-profit organizations 
                to potentially accelerate the implementation of the NET 
                Guard.
                  (C) The requirements for the implementation of a plan 
                to improve national capability with minimum 
                descriptions of the following:
                          (i) How to evaluate the demonstrated national 
                        experts in relevant areas of science and 
                        technology.
                          (ii) How to establish and maintain the 
                        national volunteer experts registry system.
                          (iii) Potential funding models incorporating 
                        private sector funding.

SEC. 6. CYBERSECURITY DOMESTIC PREPAREDNESS CONSORTIUM AND 
                    CYBERSECURITY TRAINING CENTER.

  (a) Cybersecurity Domestic Preparedness Consortium.--
          (1) In general.--The Secretary of Homeland Security may 
        establish a consortium to be known as the ``Cybersecurity 
        Domestic Preparedness Consortium''.
          (2) Functions.--The Consortium established under paragraph 
        (1) may--
                  (A) provide training to State and local first 
                responders and officials specifically for preparing and 
                responding to cybersecurity attacks;
                  (B) develop and update a curriculum utilizing the DHS 
                National Cyber Security Division sponsored Community 
                Cyber Security Maturity Model (CCSMM) for State and 
                local first responders and officials;
                  (C) provide technical assistance services to build 
                and sustain capabilities in support of cybersecurity 
                preparedness and response; and
                  (D) conduct cybersecurity training and simulation 
                exercises to defend from and respond to cyber attacks.
          (3) Members.--The Consortium shall consist of academic, 
        nonprofit, and government partners that develop, update, and 
        deliver cybersecurity training in support of homeland security.
  (b) Cybersecurity Training Center.--As a part of the Cybersecurity 
Domestic Preparedness Consortium, the Secretary may establish where 
appropriate one or more cybersecurity training centers to provide 
training courses and other resources for State and local first 
responders and officials to improve preparedness and response 
capabilities.
  (c) Plan for Fusion Centers.--The Cybersecurity Domestic Preparedness 
Consortium shall develop a plan to implement as one of the 
Cybersecurity Training Centers a one-year voluntary pilot program to 
test and assess the feasibility, costs, and benefits of providing 
cybersecurity training to State and local law enforcement personnel 
through the national network of fusion centers.
  (d) Pilot Program.--
          (1) In general.--Not later than one year after the date of 
        the enactment of the Act, the Secretary shall implement a one-
        year voluntary pilot program to train State and local law 
        enforcement personnel in the national network of fusion centers 
        in cyber security standards, procedures, and best practices.
          (2) Curriculum and personnel.--In creating the curriculum for 
        the training program and conducting the program, the Secretary 
        may assign personnel from the Department of Homeland Security, 
        including personnel from the Office of Cybersecurity and 
        Communications.
          (3) Coordination.--The curriculum for the training and for 
        conducting the program will be coordinated with that of the 
        Cyber Security Domestic Preparedness Consortium.

SEC. 7. SAVINGS CLAUSE.

  Nothing in this Act shall be interpreted to--
          (1) alter or amend the authorities of any Federal department 
        or agency other than the Department of Homeland Security, 
        including the law enforcement or intelligence authorities of 
        any such Federal department or agency or the authority of any 
        such Federal department or agency to protect sources and 
        methods and the national security;
          (2) alter or otherwise limit the authority of any Federal 
        department or agency to also undertake any activities that the 
        Department of Homeland Security is authorized to undertake 
        pursuant to this section; or
          (3) provide additional authority to, or modify an existing 
        authority of the Department of Homeland Security to control, 
        modify, require, or otherwise direct the cybersecurity efforts 
        of a private-sector entity or a component of the Federal 
        Government or a State, local, or tribal government.

                          Purpose and Summary

    The purpose of H.R. 3674 is to amend the Homeland Security 
Act of 2002 to make certain improvements in the laws relating 
to cybersecurity, and for other purposes

                  Background and Need for Legislation

    The Department of Homeland Security's cybersecurity mission 
has never been authorized by statute. This bill authorizes the 
Department to conduct its cybersecurity mission, establishes 
the National Cybersecurity and Communications Integration 
Center to serve as a National clearinghouse for the exchange of 
cyber threat information, and designates the Department as a 
focal point for cybersecurity for both the civilian Federal 
Government as well as private sector critical infrastructure 
owners and operators. The Department has expressed that it has 
difficulty hiring qualified personnel to perform the 
cybersecurity mission, the process does not provide enough 
speed or flexibility to make the Department competitive in the 
employment market. Therefore, the bill also provides hiring 
flexibility similar to authority previously granted to the 
Secretary of Defense to assist in hiring qualified and capable 
employees to engage in the cybersecurity mission. The Committee 
recognizes that more work remains to be done to secure cyber 
networks and enhance coordination between the Department of 
Homeland Security and the private sector in assessing risk and 
implementing cyber security standards.

                                Hearings

    During the 112th Congress, the Committee held numerous 
hearings on cybersecurity issues and legislative proposals. The 
hearings are detailed below.
    On March 16, 2011 the Subcommittee on Cybersecurity, 
Infrastructure Protection, and Security Technologies held a 
hearing entitled ``Examining the Cyber Threat to Critical 
Infrastructure and the American Economy.'' The Subcommittee 
received testimony from Hon. Phillip Reitinger, Deputy Under 
Secretary, National Protection and Programs Directorate, 
Department of Homeland Security; Mr. Gregory C. Wilshusen, 
Director, Information Security Issues, Government 
Accountability Office; Dr. Phyllis Schneck, Vice President and 
Chief Technical Officer, McAfee Inc.; Mr. James A. Lewis, 
Director and Senior Fellow, Technology and Public Policy 
Program, Center for Strategic and International Studies; and 
Ms. Mischel Kwon, President, Mischel Kwon Associates.
    On April 15, 2011 the Subcommittee on Cybersecurity, 
Infrastructure Protection, and Security Technologies held a 
hearing entitled ``The DHS Cybersecurity Mission: Promoting 
Innovation and Securing Critical Infrastructure.'' The 
Subcommittee received testimony from Mr. Sean McGurk, Director, 
National Cybersecurity and Communications Integration Center, 
Department of Homeland Security; Mr. Gerry Cauley, President 
and CEO, North American Electric Reliability Corporation; Ms. 
Jane Carlin, Chair, Financial Services Sector Coordinating 
Council; and Mr. Edward Amoroso, Senior Vice President and 
Chief Security Officer, AT&T.
    On June 24, 2011, the Subcommittee on Cybersecurity, 
Infrastructure Protection, and Security Technologies held a 
hearing entitled ``Examining the Homeland Security Impact of 
the Obama Administration's Cybersecurity Proposal.'' The 
Subcommittee received testimony from Ms. Melissa Hathaway, 
President, Hathaway Global Strategies, LLC; Dr. Greg Shannon, 
Chief Scientist for Computer Emergency Readiness Team, Software 
Engineering Institute, Carnegie Mellon University; Mr. Leigh 
Williams, BITS President, The Financial Services Roundtable; 
and Mr. Larry Clinton, President, Internet Security Alliance.
    On October 6, 2011 the Subcommittee on Cybersecurity, 
Infrastructure Protection, and Security Technologies held a 
hearing entitled ``Cloud Computing: What are the Security 
Implications?'' The Subcommittee received testimony from Hon. 
Richard Spires, Chief Information Officer, U.S. Department of 
Homeland Security; Dr. David McClure, Associate Administrator, 
Office of Citizen Services and Innovative Technologies, General 
Services Administration; Mr. Greg Wilshusen, Director of 
Information Security Issues, Government Accountability Office; 
Mr. James W. Sheaffer, President, North American Public Sector, 
Computer Sciences Corporation; Mr. Timothy Brown, Senior Vice 
President, and Chief Architect for Security, CA Technologies; 
Mr. James R. Bottum, Vice Provost for Computing & Information 
Technology, and Chief Information Officer, Clemson University; 
and Mr. John Curran, Chief Executive Officer, American Registry 
of Internet Numbers.
    On December 6, 2011 the Subcommittee on Cybersecurity, 
Infrastructure Protection, and Security Technologies held a 
hearing entitled ``Hearing on Draft Legislative Proposal on 
Cybersecurity.'' The Subcommittee received testimony from Ms. 
Cheri McGuire, Vice President of Global Government Affairs and 
Cybersecurity Policy, Symantec Corporation; Dr. Greg Shannon, 
Chief Scientist for Computer Emergency Readiness Team, Software 
Engineering Institute, Carnegie Mellon University; Mr. Gregory 
T. Nojeim, Senior Counsel and Director, Project on Freedom, 
Security & Technology, Center for Democracy & Technology; and 
Mr. Kevin R. Kosar, Analyst in American Government, 
Congressional Research Service.

                        Committee Consideration

Subcommittee Consideration

    The Subcommittee on Cybersecurity, Infrastructure 
Protection, and Security Technologies met on February 1, 2012, 
and ordered H.R. 3674 reported to the Full Committee for 
consideration, with a favorable recommendation, amended, by 
voice vote. The Subcommittee took the following actions:
    The Subcommittee adopted H.R. 3674, as amended, by voice 
vote.
      The following amendments were offered:
       An Amendment in the Nature of a Substitute offered by 
Mr. Lungren (#1) was AGREED TO, by voice vote.
       An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Richardson (#1A) ; was AGREED TO by 
unanimous consent.
  Page 6. Line 22, strike ``and'' the second place it appears.
  Page 6, after line 22, insert a new paragraph (11) and redesignate 
accordingly.

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Long (#1B); was AGREED TO by 
unanimous consent.
  Page 18, line 3, strike ``and''.
  Page 18, line 4, after ``operators'' insert the following ``, 
Information Sharing and Analysis Centers, appropriate academic and 
private sector entities that conduct cybersecurity or information 
security research and development, and appropriate private sector 
entities that provide cybersecurity or information security products or 
services.''
  Page 18, line 6, strike ``critical infrastructure information 
systems'' and insert ``all appropriate entities''.

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Long (#1C); was AGREED TO by 
unanimous consent.
  Page 20, line 16, strike ``and''.
  Page 20, line 18, strike the period and insert ``; and''.
  Page 20, after line 18, insert a new paragraph (10).

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. McCaul (#1D); was AGREED TO by 
unanimous consent.
  Page 54, line 22, insert a new section entitled ``Sec. 7. Report on 
Foreign Entities Posing Cybersecurity Threats to Critical 
Infrastructure.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Long (#1E); was AGREED TO by 
unanimous consent.
  Page 47, after line 11, insert the following (and renumber the 
subsequent sections proposed to be inserted in the Homeland Security 
Act of 2002 by section 3 accordingly and conform the proposed amendment 
to the table of contents beginning on page 49, line 17):
  A new section ``Sec. 250. Annual Report.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Meehan (#1F); was AGREED TO by voice 
vote.
  Page 14, lines 9 through 21, strike paragraph (3) and insert a new 
paragraph entitled ``(3) Inclusion in Regulatory Regimes.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. McCaul (#1G); was AGREED TO by voice 
vote.
  Page 17, after line 11, insert a new subsection entitled ``(i) 
Limitation of Regulatory Authority.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Clarke (#1H); was NOT AGREED TO by 
voice vote.
  Page 24, beginning on line 14, strike section 3 and insert a new 
section 3 entitled ``Sec. 3 Public-Private Clearinghouse.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Clarke (#1I); was NOT AGREED TO by 
voice vote.
  Page 25, line 8 strike ``and developing'' and all that follows 
through ``technology'' on line 9.
  Page 28, line 8, strike ``Government;'' and all that follows through 
``; and'' on line 22 and insert ``Government; and''.
  Page 33, line 19, strike paragraph (8) and redesignate the subsequent 
paragraphs accordingly.

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Keating (#1J); was AGREED TO by voice 
vote.
  Page 48, after line 6, insert the following (and renumber the 
subsequent sections and conform the amendment to the table of contents 
beginning on page 49, line 17, accordingly):
  A new section ``Sec. 251. Private Right of Action.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. McCaul (#1K); was WITHDRAWN by 
unanimous consent.
  Page 52, beginning on line 1, strike section 5 and insert a new 
section 5 entitled ``Sec. 5. Cybersecurity Domestic Preparedness 
Consortium and Cybersecurity Training Center.''

Full Committee Consideration

    The Committee met on April 18, 2012, to consider H.R. 3674, 
and ordered the measure to be reported to the House with a 
favorable recommendation, amended, by a recorded vote of 16 
yeas and 13 nays (Roll Call Vote No. 53). The Committee took 
the following actions:
    The Committee adopted H.R. 3674, as amended, by voice vote.
      The following amendments were offered:
       An Amendment in the Nature of a Substitute offered by 
Mr. Lungren (#1); was AGREED TO by voice vote.
       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. McCaul (#1A); was AGREED TO by voice 
vote.
  Page 4, ln 8, insert a new paragraph and renumber: ``(c) Acquire, 
Intercept, Retain, Use, and Disclose Communications and Other System 
Traffic.''
  And on Page 7, line 22, insert the following subparagraph and 
renumber accordingly: ``(1) Countermeasures.''
  And on Page 12 line 23 insert a new section entitled ``Sec. 228. 
Federal Preemption, Exclusivity and Law Enforcement Activities.''

       An amendment offered by Ms. Jackson Lee to the amendment 
offered by Mr. McCaul to the Amendment in the Nature of a 
Substitute (#1A1); was NOT AGREED TO by voice vote.
  At the end of section (c)(1)(D) strike ``and''
  At the end of section (c)(1)(E), before the period insert: ``and the 
such policies and procedures shall --
          ``(1) minimize the impact on privacy and civil liberties, 
        consistent with the need to protect Federal systems and 
        critical information infrastructure from cybersecurity threats 
        and mitigate cybersecurity threats;
          ``(2) reasonably limit the acquisition, interception, 
        retention, use and disclosure of communications, records, 
        system traffic, or other information associated with specific 
        persons consistent with the need to carry out the 
        responsibilities of this subtitle, including establishing a 
        process for the timely destruction on recognition of 
        communications, records, system traffic or other information 
        that is acquired or intercepted pursuant to this section that 
        does not reasonably appear to be related to protecting Federal 
        systems and critical information infrastructure from 
        cybersecurity threats and mitigating cybersecurity threats;
          ``(3) include requirements to safeguard communications, 
        records, system traffic or other information that can be used 
        to identify specific persons from unauthorized access or 
        acquisition; and
          ``(4) protect the confidentiality of disclosed 
        communications, records, system traffic, or other information 
        associated with specific persons to the greatest extent 
        practicable and require recipients of such information to be 
        informed that the communications, records, system traffic or 
        other information disclosed may only be used for protecting 
        information systems against cybersecurity threats, mitigating 
        against cybersecurity threats, or law enforcement purposes when 
        the information is evidence of a crime that has been, is being, 
        or is about to be committed, as specified by the Secretary; 
        and''
  Add a section (c )(1 )(F) that reads:
          ``(F) the communications and system traffic to be acquired, 
        intercepted, retained, used or disclosed are transiting to or 
        from or stored on a Federal system.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. McCaul (#1B); was AGREED TO by voice 
vote.
  Strike section 6 on page 29 and insert a new section 6 entitled 
``Sec. 6. Cybersecurity Domestic Preparedness Consortium and 
Cybersecurity Training Center.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. King (#1C); was AGREED TO by voice 
vote.
  Page 13, line 21 after ``Department'' insert ``pursuant to Title XI 
of the National Security Act of 1947, as amended''
  Page 17, line 16 at the end of the sentence insert ``consistent with 
the requirements of Title XI of National Security Act of 1947, as 
amended''
  Page 19, line 23 - after ``Government'' insert ``pursuant to Title XI 
of National Security Act of 1947, as amended''
  Page 20, line 8 after ``regulation,'' insert ``including information 
restricted from disclosure under Title XI of the National Security Act 
of 1947, as amended''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Thompson (#1D); was NOT AGREED TO by 
a recorded vote of 10 yeas and 15 nays (Roll Call Vote No. 39).
  Page 10, after line 7, insert a new section entitled ``Sec. 226. 
Identification of Sector Specific Cybersecurity Risks.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Thompson (#1E); was NOT AGREED TO by 
a recorded vote of 11 yeas and 15 nays (Roll Call Vote No. 40).
  Page 10, after line 7, insert a new section entitled ``Sec. 226. 
Identification of Sector Specific Cybersecurity Risks.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Sanchez (#1F); was NOT AGREED TO by a 
recorded vote of 12 yeas and 15 nays (Roll Call Vote No. 41).
  Page 17, beginning at line 13, strike the quoted sections 244 through 
247 and insert the following new sections entitled ``Sec. 244. Annual 
Report.''; ``Sec. 245. Advisory Committee.''; Sec. 246. Operational 
Framework.''; Sec. 247. Participation.''; ``Sec. 248. ``Advisory 
Committee Annual Report.''; and Sec. 249. Authority to Issue 
Warnings.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Clarke (#1G); was NOT AGREED TO by a 
recorded vote of 12 yeas and 15 nays (Roll Call Vote No. 42).
  Page 29, beginning at line 8, strike section 7.

       An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Clarke (#1H); was NOT AGREED TO by a 
recorded vote of 13 yeas and 15 nays (Roll Call Vote No. 43).
  Page 14, beginning at line 4 strike the quotes section 242 and insert 
a new section entitled ``Sec. 142. Establishment of the National 
Cybersecurity and Communications Integration Center.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Jackson Lee (#1I); was NOT AGREED TO 
by a recorded vote of 13 yeas and 15 nays (Roll Call Vote No. 
44).
  Page 10, line 8, strike ``227'' and insert ``228''.
  Page 10, beginning line 8, insert a new section entitled ``Sec. 227. 
Identification of Cybersecurity Risks to the Transportation Systems 
Sector.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Richardson (#1J); was NOT AGREED TO 
by a recorded vote of 13 yeas and 15 nays (Roll Call Vote No. 
45).
  Page 10, line 8, strike ``227'' and insert ``228''.
  Page 10, beginning line 8, insert a new section entitled ``Sec. 227. 
Identification of Cybersecurity Risks to the Chemical Sector.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Richardson (#1K); was NOT AGREED TO 
by a recorded vote of 13 yeas and 15 nays (Roll Call Vote No. 
46).
  Page 10, line 8, strike ``227'' and insert ``228''.
  Page 10, beginning line 8, insert a new section entitled ``Sec. 227. 
Identification of Cybersecurity Risks to the Emergency Services 
Sector.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Keating (#1L); was NOT AGREED TO by a 
recorded vote of 13 yeas and 15 nays (Roll Call Vote No. 47).
  Page 10, line 8, strike ``227'' and insert ``228''.
  Page 10, beginning line 8, insert a new section entitled ``Sec. 227. 
Identification of Cybersecurity Risks to the Nuclear Reactors, 
Materials, and Waste Sector.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Keating (#1M); was NOT AGREED TO by a 
recorded vote of 13 yeas and 16 nays (Roll Call Vote No. 48).
  Add at the end a new section entitled ``Sec. _K. University-Based 
Regional Research Centers for Cybersecurity.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Higgins (#1N); was NOT AGREED TO by a 
recorded vote of 13 yeas and 16 nays (Roll Call Vote No. 49).
  Page 10, line 8, strike ``227'' and insert ``228''.
  Page 10, beginning line 8, insert a new section entitled ``Sec. 227. 
Identification of Cybersecurity Risks to the Energy Sector.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Mr. Richmond (#1O); was AGREED TO by 
voice vote.
  Page 14, line 24, strike ``Ten'' and insert ``Eleven''.
  Page 15, after line 13, insert the following: ``(I) Chemical.

       An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Hochul (#1P); was NOT AGREED TO by a 
recorded vote of 13 yeas and 16 nays (Roll Call Vote No. 50).
  Page 10, line 8, strike ``227'' and insert ``228''.
  Page 10, beginning line 8, insert a new section entitled ``Sec. 227. 
Identification of Cybersecurity Risks to the Dams Sector.''

       An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Hahn (#1Q); was AGREED TO by voice 
vote.
  Page 6, line 19, strike ``(f)'' and insert ``(g)''.
  Page 6, beginning line 19, insert a new paragraph entitled ``(f). 
Privacy Officer Oversight.''
  Page 7, line 21, strike ``G'' and insert ``(H)''.

       An amendment to the Amendment in the Nature of a 
Substitute offered by Ms. Hahn (#1R); was NOT AGREED TO by a 
recorded vote of 14 yeas and 15 nays (Roll Call Vote No. 51).
  Page 2, strike ``and'' after the semicolon at line 22, and after line 
22 insert the following (and redesignate accordingly):
          ``(6) facilitating the exchange of information among public,. 
        private, and critical infrastructure information networks and 
        the protection of such information by ensuring that all 
        information identifying the submitter and any unnecessary 
        personally identifiable information is deleted from the 
        information exchanged; and.

     A Substitute Amendment in the Nature of a Substitute 
offered by Mr. Broun (#2); was WITHDRAWN by unanimous consent.

     A Substitute Amendment in the Nature of a Substitute 
offered by Mr. Thompson (#3); was RULED OUT OF ORDER.
         A point of order was made by Mr. Lungren that the 
        amendment (#3) was in violation of House Rule XI clause 
        2(g)(4) and Committee Rule 3 clause 2(a).
         The Chair Ruled that the amendment was not in order.
         Mr. Thompson appealed the ruling of the Chair
         A motion by Mr. Lungren to table the appealing of the 
        ruling of the Chair on the point of order was AGREED TO 
        by a recorded vote of 17 yeas and 11 nays.

                            Committee Votes

    Clause 3(b) of Rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    The Committee on Homeland Security considered H.R. 3674 on 
April 18, 2012, and took the following recorded votes:
A motion by Mr. Lungren to table the appealing of the ruling of 
the Chair on the point of order was AGREED TO by a recorded 
vote of 17 yeas and 11 nays (Roll Call Vote No. 38). The vote 
was as follows:
        YEAS                          NAYS
Mr. Peter T. King                   Mr. Bennie G. Thompson
Mr. Daniel E. Lungren               Ms. Loretta Sanchez
Mr. Mike Rogers                     Mr. Henry Cuellar
Mr. Michael T. McCaul               Ms. Yvette D. Clarke
Mr. Gus M. Bilirakis                Ms. Laura Richardson
Mr. Paul C. Broun                   Mr. Danny K. Davis
Mrs. Candice S. Miller              Mr. Cedric L. Richmond
Mr. Tim Walberg                     Mr. Hansen Clarke
Mr. Chip Cravaack                   Mr. William R. Keating
Mr. Joe Walsh                       Ms. Kathleen C. Hochul
Mr. Patrick Meehan                  Ms. Janice Hahn
Mr. Benjamin Quayle
Mr. E. Scott Rigell
Mr. Billy Long
Mr. Jeff Duncan
Mr. Blake Farenthold
Mr. Robert L. Turner

An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Thompson (#1D); was NOT AGREED TO by a recorded 
vote of 10 yeas and 15 nays (Roll Call Vote No. 39). The vote 
was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Sheila Jackson Lee              Mr. Daniel E. Lungren
Ms. Laura Richardson                Mr. Mike Rogers
Mr. Danny K. Davis                  Mr. Michael T. McCaul
Mr. Brian Higgins                   Mr. Gus M. Bilirakis
Mr. Cedric L. Richmond              Mr. Paul C. Broun
Mr. Hansen Clarke                   Mrs. Candice S. Miller
Mr. William R. Keating              Mr. Tim Walberg
Ms. Kathleen C. Hochul              Mr. Chip Cravaack
Ms. Janice Hahn                     Mr. Joe Walsh
                                    Mr. Patrick Meehan
                                    Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Robert L. Turner

An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Thompson (#1E); was NOT AGREED TO by a recorded 
vote of 11 yeas and 15 nays (Roll Call Vote No. 40). The vote 
was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Sheila Jackson Lee              Mr. Daniel E. Lungren
Mr. Henry Cuellar                   Mr. Mike Rogers
Ms. Laura Richardson                Mr. Michael T. McCaul
Mr. Danny K. Davis                  Mr. Gus M. Bilirakis
Mr. Brian Higgins                   Mr. Paul C. Broun
Mr. Cedric L. Richmond              Mrs. Candice S. Miller
Mr. Hansen Clarke                   Mr. Tim Walberg
Mr. William R. Keating              Mr. Chip Cravaack
Ms. Kathleen C. Hochul              Mr. Joe Walsh
Ms. Janice Hahn                     Mr. Patrick Meehan
                                    Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Robert L. Turner

An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Sanchez (#1F); was NOT AGREED TO by a recorded 
vote of 12 yeas and 15 nays (Roll Call Vote No. 41). The vote 
was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Daniel E. Lungren
Ms. Sheila Jackson Lee              Mr. Mike Rogers
Mr. Henry Cuellar                   Mr. Michael T. McCaul
Ms. Laura Richardson                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Mr. Cedric L. Richmond              Mr. Tim Walberg
Mr. Hansen Clarke                   Mr. Chip Cravaack
Mr. William R. Keating              Mr. Joe Walsh
Ms. Kathleen C. Hochul              Mr. Patrick Meehan
Ms. Janice Hahn                     Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Robert L. Turner

An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Clarke (#1G); was NOT AGREED TO by a recorded 
vote of 12 yeas and 15 nays (Roll Call Vote No. 42). The vote 
was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Daniel E. Lungren
Ms. Sheila Jackson Lee              Mr. Mike Rogers
Mr. Henry Cuellar                   Mr. Michael T. McCaul
Ms. Laura Richardson                Mr. Gus M. Bilirakis
Mr. Danny K. Davis                  Mr. Paul C. Broun
Mr. Brian Higgins                   Mrs. Candice S. Miller
Mr. Cedric L. Richmond              Mr. Tim Walberg
Mr. Hansen Clarke                   Mr. Chip Cravaack
Mr. William R. Keating              Mr. Joe Walsh
Ms. Kathleen C. Hochul              Mr. Patrick Meehan
Ms. Janice Hahn                     Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Robert L. Turner

An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Clarke (#1H); was NOT AGREED TO by a recorded 
vote of 13 yeas and 15 nays (Roll Call Vote No. 43). The vote 
was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Daniel E. Lungren
Ms. Sheila Jackson Lee              Mr. Mike Rogers
Mr. Henry Cuellar                   Mr. Michael T. McCaul
Ms. Yvette D. Clarke                Mr. Gus M. Bilirakis
Ms. Laura Richardson                Mr. Paul C. Broun
Mr. Danny K. Davis                  Mrs. Candice S. Miller
Mr. Brian Higgins                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. E. Scott Rigell
Ms. Janice Hahn                     Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Robert L. Turner

An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Jackson Lee (#1I); was NOT AGREED TO by a 
recorded vote of 13 yeas and 15 nays (Roll Call Vote No. 44). 
The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Daniel E. Lungren
Ms. Sheila Jackson Lee              Mr. Mike Rogers
Mr. Henry Cuellar                   Mr. Michael T. McCaul
Ms. Yvette D. Clarke                Mr. Gus M. Bilirakis
Ms. Laura Richardson                Mr. Paul C. Broun
Mr. Danny K. Davis                  Mrs. Candice S. Miller
Mr. Brian Higgins                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. E. Scott Rigell
Ms. Janice Hahn                     Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Robert L. Turner

An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Richardson (#1J); was NOT AGREED TO by a 
recorded vote of 13 yeas and 15 nays (Roll Call Vote No. 45). 
The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Daniel E. Lungren
Ms. Sheila Jackson Lee              Mr. Mike Rogers
Mr. Henry Cuellar                   Mr. Michael T. McCaul
Ms. Yvette D. Clarke                Mr. Gus M. Bilirakis
Ms. Laura Richardson                Mr. Paul C. Broun
Mr. Danny K. Davis                  Mrs. Candice S. Miller
Mr. Brian Higgins                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. E. Scott Rigell
Ms. Janice Hahn                     Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Robert L. Turner

An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Richardson (#1K); was NOT AGREED TO by a 
recorded vote of 13 yeas and 15 nays (Roll Call Vote No. 46). 
The vote was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Daniel E. Lungren
Ms. Sheila Jackson Lee              Mr. Mike Rogers
Mr. Henry Cuellar                   Mr. Michael T. McCaul
Ms. Yvette D. Clarke                Mr. Gus M. Bilirakis
Ms. Laura Richardson                Mr. Paul C. Broun
Mr. Danny K. Davis                  Mrs. Candice S. Miller
Mr. Brian Higgins                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. E. Scott Rigell
Ms. Janice Hahn                     Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Robert L. Turner

An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Keating (#1L); was NOT AGREED TO by a recorded 
vote of 13 yeas and 15 nays (Roll Call Vote No. 47). The vote 
was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Daniel E. Lungren
Ms. Sheila Jackson Lee              Mr. Mike Rogers
Mr. Henry Cuellar                   Mr. Michael T. McCaul
Ms. Yvette D. Clarke                Mr. Gus M. Bilirakis
Ms. Laura Richardson                Mr. Paul C. Broun
Mr. Danny K. Davis                  Mrs. Candice S. Miller
Mr. Brian Higgins                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. E. Scott Rigell
Ms. Janice Hahn                     Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Robert L. Turner

An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Keating (#1M); was NOT AGREED TO by a recorded 
vote of 13 yeas and 16 nays (Roll Call Vote No. 48). The vote 
was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Daniel E. Lungren
Ms. Sheila Jackson Lee              Mr. Mike Rogers
Mr. Henry Cuellar                   Mr. Michael T. McCaul
Ms. Yvette D. Clarke                Mr. Gus M. Bilirakis
Ms. Laura Richardson                Mr. Paul C. Broun
Mr. Danny K. Davis                  Mrs. Candice S. Miller
Mr. Brian Higgins                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. Benjamin Quayle
Ms. Janice Hahn                     Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Robert L. Turner

An amendment to the Amendment in the Nature of a Substitute 
offered by Mr. Higgins (#1N); was NOT AGREED TO by a recorded 
vote of 13 yeas and 16 nays (Roll Call Vote No. 49). The vote 
was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Daniel E. Lungren
Ms. Sheila Jackson Lee              Mr. Mike Rogers
Mr. Henry Cuellar                   Mr. Michael T. McCaul
Ms. Yvette D. Clarke                Mr. Gus M. Bilirakis
Ms. Laura Richardson                Mr. Paul C. Broun
Mr. Danny K. Davis                  Mrs. Candice S. Miller
Mr. Brian Higgins                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. Benjamin Quayle
Ms. Janice Hahn                     Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Robert L. Turner

An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Hochul (#1P); was NOT AGREED TO by a recorded 
vote of 13 yeas and 16 nays (Roll Call Vote No. 50). The vote 
was as follows:
        YEAS                          NAYS
Mr. Bennie G. Thompson              Mr. Peter T. King
Ms. Loretta Sanchez                 Mr. Daniel E. Lungren
Ms. Sheila Jackson Lee              Mr. Mike Rogers
Mr. Henry Cuellar                   Mr. Michael T. McCaul
Ms. Yvette D. Clarke                Mr. Gus M. Bilirakis
Ms. Laura Richardson                Mr. Paul C. Broun
Mr. Danny K. Davis                  Mrs. Candice S. Miller
Mr. Brian Higgins                   Mr. Tim Walberg
Mr. Cedric L. Richmond              Mr. Chip Cravaack
Mr. Hansen Clarke                   Mr. Joe Walsh
Mr. William R. Keating              Mr. Patrick Meehan
Ms. Kathleen C. Hochul              Mr. Benjamin Quayle
Ms. Janice Hahn                     Mr. E. Scott Rigell
                                    Mr. Billy Long
                                    Mr. Jeff Duncan
                                    Mr. Robert L. Turner

An amendment to the Amendment in the Nature of a Substitute 
offered by Ms. Hahn (#1R); was NOT AGREED TO by a recorded vote 
of 14 yeas and 15 nays (Roll Call Vote No. 51). The vote was as 
follows:
        YEAS                          NAYS
Mr. Paul C. Broun                   Mr. Peter T. King
Mr. Bennie G. Thompson              Mr. Daniel E. Lungren
Ms. Loretta Sanchez                 Mr. Mike Rogers
Ms. Sheila Jackson Lee              Mr. Michael T. McCaul
Mr. Henry Cuellar                   Mr. Gus M. Bilirakis
Ms. Yvette D. Clarke                Mrs. Candice S. Miller
Ms. Laura Richardson                Mr. Tim Walberg
Mr. Danny K. Davis                  Mr. Chip Cravaack
Mr. Brian Higgins                   Mr. Joe Walsh
Mr. Cedric L. Richmond              Mr. Patrick Meehan
Mr. Hansen Clarke                   Mr. Benjamin Quayle
Mr. William R. Keating              Mr. E. Scott Rigell
Ms. Kathleen C. Hochul              Mr. Billy Long
Ms. Janice Hahn                     Mr. Jeff Duncan
                                    Mr. Robert L. Turner

The Committee ordered H.R. 3674 to be reported to the House 
with a favorable recommendation, amended, by a recorded vote of 
16 yeas and 13 nays (Roll Call Vote No. 52). The vote was as 
follows:
        YEAS                          NAYS
Mr. Peter T. King                   Mr. Bennie G. Thompson
Mr. Daniel E. Lungren               Ms. Loretta Sanchez
Mr. Mike Rogers                     Ms. Sheila Jackson Lee
Mr. Michael T. McCaul               Mr. Henry Cuellar
Mr. Gus M. Bilirakis                Ms. Yvette D. Clarke
Mr. Paul C. Broun                   Ms. Laura Richardson
Mrs. Candice S. Miller              Mr. Danny K. Davis
Mr. Tim Walberg                     Mr. Brian Higgins
Mr. Chip Cravaack                   Mr. Cedric L. Richmond
Mr. Joe Walsh                       Mr. Hansen Clarke
Mr. Patrick Meehan                  Mr. William R. Keating
Mr. Benjamin Quayle                 Ms. Kathleen C. Hochul
Mr. E. Scott Rigell                 Ms. Janice Hahn
Mr. Billy Long
Mr. Jeff Duncan
Mr. Robert L. Turner

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of Rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of Rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
3674, the Promoting and Enhancing Cybersecurity and Information 
Sharing Effectiveness Act of 2011, would result in a new 
authorization of $4,000,000 for the fiscal years 2013, 2014 and 
2015 for the National Cybersecurity and Communications 
Integration Center.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.
                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 20, 2012.
Hon. Peter T. King,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3674, the 
Promoting and Enhancing Cybersecurity and Information Sharing 
Effectiveness Act of 2012.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jason 
Wheelock.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 3674--Promoting and Enhancing Cybersecurity and Information 
        Sharing Effectiveness Act of 2012

    Summary: H.R. 3674 would authorize appropriations for the 
Department of Homeland Security's (DHS's) National 
Cybersecurity and Communications Integration Center (NCCIC). 
The bill also would authorize the Secretary of DHS to establish 
new programs to provide cybersecurity training for state and 
local officials. CBO estimates that implementing H.R. 3674 
would result in additional discretionary spending totaling $28 
million over the next five years, assuming appropriation of the 
necessary amounts.
    Pay-as-you-go procedures do not apply to this legislation 
because it would not affect direct spending or revenues.
    H.R. 3674 would impose an intergovernmental mandate as 
defined in the Unfunded Mandates Reform Act (UMRA), but CBO 
estimates that implementing the mandate would not affect the 
budgets of state, local, or tribal governments. The bill 
contains no private-sector mandates as defined in UMRA.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3674 is shown in the following table. 
The costs of this legislation fall within budget function 050 
(national defense).

----------------------------------------------------------------------------------------------------------------
                                                                      By fiscal year, in millions of dollars--
                                                                   ---------------------------------------------
                                                                     2013   2014   2015   2016   2017  2013-2017
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

National Cybersecurity and Communications Integration Center:
    Authorization Level...........................................      4      4      4      0      0       12
    Estimated Outlays.............................................      3      4      4      1      0       12
Cybersecurity Domestic Preparedness Training for State and Local
 Authorities:
    Estimated Authorization Level.................................      0      3      5      8      8       24
    Estimated Outlays.............................................      0      1      3      5      7       16
        Total Changes:
            Estimated Authorization Level.........................      4      7      9      8      8       36
            Estimated Outlays.....................................      3      5      7      6      7       28
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that the 
bill will be enacted in late 2012, and that the necessary 
amounts will be appropriated each year. Under current law, 
DHS's Office of Cybersecurity and Communications (CS&C) 
performs most of the activities authorized by the bill. CS&C 
has received appropriations totaling approximately $600 million 
in fiscal year 2012 to perform those functions on behalf of 
DHS.

National Cybersecurity and Communications Integration Center

    Section 4 would codify the authority for DHS to operate the 
NCCIC, which was established in October of 2009. The NCCIC is a 
watch and warning center that monitors threats to the nation's 
information technology and cyber infrastructure. The bill would 
authorize $4 million for the NCCIC for fiscal years 2013, 2014, 
and 2015, slightly less than the $4.5 million received by the 
center so far in 2012. Assuming appropriation of the authorized 
amounts, CBO estimates that implementing this provision would 
cost $12 million over the 2013-2017 period.

Cybersecurity and Domestic Preparedness Training for State and Local 
        Authorities

    Section 6 would authorize the Secretary of DHS to establish 
centers to provide cybersecurity training to state and local 
first responders and other officials. While DHS has not 
determined how it would utilize the authorities provided by 
this provision, CBO expects that such training would be 
provided at DHS's information and threat-sharing centers 
(fusion centers). Those centers are used to facilitate 
information sharing among federal, state, and local 
authorities. DHS organizes the centers, which are in every 
state and many metropolitan areas across the country, into nine 
geographic regions. Assuming that DHS eventually implements 
such training programs for all nine geographic regions, and 
that the costs to provide the training are comparable to 
similar training programs, such as the Cyber Security Education 
Consortium, CBO estimates that implementing this provision 
would cost $16 million over the 2013-2017 period, assuming the 
appropriation of the necessary amounts.
    Estimated impact on state, local, and tribal governments: 
H.R. 3674 would impose an intergovernmental mandate as defined 
in UMRA because it would preempt state privacy and disclosure 
laws relating to the interception, acquisition, use, and 
disclosure of communications and system traffic transmitted to 
or from federal systems. While that preemption would limit the 
application of state laws, it would impose no duty on states 
that would result in additional spending. Therefore, CBO 
estimates that the mandate would not affect the budgets of 
state, local, or tribal governments.
    Estimated impact on the private sector: The bill contains 
no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal Costs: Jason Wheelock; Impact 
on State, Local, and Tribal Governments: J'nell J. Blanco; 
Impact on the Private Sector: Elizabeth Bass.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 3674 contains the following 
general performance goals, and objectives, including outcome 
related goals and objectives authorized.
    The bill requires the Department of Homeland Security to 
develop a strategy for its cybersecurity mission. The bill also 
requires a written charter for the National Cybersecurity and 
Communications Integration Center (NCCIC). The bill also 
requires annual reports by the Board of Advisors to the NCCIC. 
The bill further requires a report on how the Department may 
help regional, State and local cyber cooperatives.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 3674 
preempts any State, local or Tribal law regarding the 
interception, retention, use and disclosure of communications 
or other system traffic that are transiting to or from or 
stored on Federal systems for cybersecurity purposes as defined 
within H.R. 3674.

                      Advisory Committee Statement

    In compliance with section 5(b) of the Federal Advisory 
Committee Act, requiring the report of any Committee 
establishing, or authorizing the establishment of any advisory 
committee to include a statement as to whether the functions of 
the proposed advisory committee are being or could be performed 
by one or more agencies or by an advisory committee already in 
existence, or by enlarging the mandate of an existing advisory 
committee. The Committee finds:
    H.R. 3674 establishes an advisory board to the Secretary of 
Homeland Security on the efficient operation of the National 
Cybersecurity and Communications Integration Center in 
providing timely and actionable information to critical 
infrastructure owners and operators and other elements of the 
private sector. This advisory board is composed of members of 
critical infrastructure and civil liberties and privacy 
communities. This function could not be performed by another 
existing advisory board as no existing board has a similar 
membership. This function could not be performed by another 
agency as no agency has similar membership for providing both 
private sector and civil liberty community perspective to the 
sharing of cyber threat information.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation

Section 1.   Short Title.
    The bill may be cited as the ``Promoting and Enhancing 
Cybersecurity and Information Sharing Effectiveness Act of 
2011'' or, the ``PrECISE Act''.

Section 2.   Department of Homeland Security Cybersecurity 
Activities.
    This section inserts into the Homeland Security Act of 
2002, at the end of Subtitle C of title II, new sections.

Section 226   Department of Homeland Security Cybersecurity 
Activities.
    This section provides authority for the Secretary of 
Homeland Security to perform necessary activities to facilitate 
the protection of Federal systems and assist private sector 
critical infrastructure owners and operators in protecting 
their systems upon request.
    This section also authorizes Department of Homeland 
Security responsibilities regarding information security for 
the Federal Government. At the direction of the Office of 
Management and Budget, DHS is authorized to conduct centralized 
analysis and operate consolidated intrusion prevention 
technology on behalf of other Federal agencies. In carrying out 
these activities the Secretary shall coordinate with relevant 
entities, designate a lead cybersecurity official to coordinate 
activities within the Department, and develop a strategy that 
guides the Department's cybersecurity activities.
    The Committee does not intend for this legislation to 
impact any of the Secretary's authorities articulated in 
Homeland Security Presidential Directive-7 signed December 17, 
2003 (HSPD-7). The Committee believes that the Secretary shall 
continue to operate and perform necessary activities that are 
consistent with HSPD-7 authorities. These activities would 
include coordination of national cyber incident response 
through the drafting and maintenance of a National Cyber 
Response Plan developed in coordination with the private 
sector.
    The Committee directs the Department to place special 
emphasis on participation in nationwide outreach and education 
efforts. The need for improved computer hygiene and for all 
individuals to take basic steps to better protect themselves 
and the information for which they are responsible is extremely 
important. The Department should take every opportunity to 
educate the public about the importance of cybersecurity, cyber 
ethics, and ways to promote cybersecurity best practices at 
home and in the workplace. The Department should support 
organizations that seek to improve cybersecurity education and 
the need for improved cybersecurity. The Department should 
engage whenever possible in popular culture promotions to 
improve cybersecurity, including public service announcements, 
and incorporate outreach through popular media outlets.
    The Committee believes that the Secretary should make 
special effort to ensure that the Department is aware of and 
familiar with the state of the art in cybersecurity technology, 
and is in a position to incorporate necessary technology to 
ensure that the Department maintains excellence in its 
cybersecurity capability. The Secretary should take advantage 
of the innovation of the private sector, and should ensure that 
technologies being developed through the Science and Technology 
Directorate as well as the research, development, testing and 
evaluation by other government agencies are known and 
appropriately incorporated into the Department's operations.

Section 227   Personnel Authorities Related to the Office of 
Cybersecurity and Communication.
    This section authorizes the Secretary to designate Federal 
employees as members of the excepted service, and fix 
competitive compensation and retention bonuses for these 
positions.
    The Committee believes that the Secretary should be 
aggressive in exercising these personnel authorities to ensure 
talented individuals will do the most to improve the quality of 
the Department's cybersecurity mission. The Secretary should 
attempt to hire the most qualified and talented employees 
understanding that talented cybersecurity professionals come 
with many different, and possibly untraditional, backgrounds 
and educational experiences.

Section 228   Federal Preemption, Exclusivity and Law 
Enforcement Activities.
    This section provides Federal preemption over other similar 
State and local statutes regarding the acquisition of 
information. It also provides another exclusive means to 
intercept communication under Title 50 and limits the 
Secretary's law enforcement authority.

Section 2(b)   Clerical Amendments.

Section 2(c)   Plan for Execution of Authorities.
    This section requires the Secretary to submit a report to 
Congress on how the Department will implement the new 
authorities granted to it in this section.
    The Committee feels this plan for the execution of 
authorities is critical for providing Congress with a guide for 
providing oversight of the Department's activities.

Section 3.   Department of Homeland Security Information 
Sharing.
    The Homeland Security Act of 2002 is amended by adding the 
following:

Section 241   Information Sharing.
    This section directs the Secretary to ensure that all cyber 
threat information received in accordance with Section 202 of 
the Homeland Security Act of 2002 is shared with appropriate 
critical information infrastructure owners and operators on a 
timely basis.
    The Committee believes this is a crucial section ensuring 
that critical infrastructure owners and operators have the 
information necessary to protect their infrastructure, which is 
one of the most important responsibilities for the Department.

Section 242   Establishment of National Cybersecurity and 
Communications Integration Center.
    This section establishes a center within the Department to 
facilitate information sharing between the private sector and 
the Federal Government. The Secretary is directed to share 
cyber threat information, best practices, support and advice 
and to properly protect information entrusted to the National 
Cybersecurity and Communications Integration Center (NCCIC).
    The Department should ensure that the NCCIC has facilities 
that are available to operate at a highly classified level but 
the Committee believes that the operational floor should be 
unclassified as much as possible to enable the participation of 
as many appropriate entities as possible. The Department should 
implement the National Information Exchange Model to share 
information with and through the NCCIC. The Committee feels 
strongly that the Department should incorporate an automated 
information sharing process in order to speed dissemination of 
appropriate information. To increase the speed of dissemination 
the Committee recommends that the Secretary prioritize 
resources for timely analysis of cyber threat information, to 
include developing automated processes and procedures for 
distributing appropriate information within particular 
communities of interest that are willing to accept a lower 
level of certainty for increased speed of dissemination.

Section 243   Board of Advisors.
    This section establishes a board of advisors to the 
Secretary on the efficient operation of the National 
Cybersecurity and Communications Integration Center (NCCIC). 
The board would be composed of representatives from 14 members 
of the private sector. Those 14 members would be made up of 11 
different critical infrastructure owners and operators, privacy 
and civil liberty experts, and the chair of the National 
Council of Information Sharing and Analysis Centers (ISACs). 
The Board would provide an annual report on the activities of 
the NCCIC to both the Secretary and Congress.
    It is important to note that the Board does not have 
directive power over the NCCIC, nor can it veto directions of 
the Secretary, but its recommendations for improving 
information sharing with the private sector should be given 
proper weight and consideration. The Secretary should be able 
to articulate a reason why the Board's recommendations are not 
implemented.
    The Committee expects the Department to provide 
administrative support to the Board so it can complete its 
annual report. The Department shall also host the Board's 
quarterly meetings unless a majority of the Board decides that 
a meeting in person is not necessary. The Board shall meet in 
person at least once a year. The Committee does not expect the 
Department to pay travel expenses of the Board, but it has the 
authority to do so.

Section 244   Charter.
    This section directs the Secretary to develop a charter to 
govern the operations and administration of the National 
Cybersecurity and Communications Integration Center (NCCIC) 
which shall address the following: the organizational structure 
of the NCCIC; the mission statement of the NCCIC; a plan to 
promote participation in the NCCIC; and, procedures for making 
appropriate information available to outside research groups.
    The Committee believes the direction to create a charter 
provides the Department the opportunity to articulate how it 
will organize the NCCIC and explain the expectations and 
responsibilities of all participants involved with the NCCIC. 
It is important that the charter be made public to ensure that 
all prospective participants will understand what will be 
expected of them and what they can expect of other 
participants. Similarly, the Committee expects the Secretary to 
articulate through the charter how the Department will protect 
privacy and civil liberties of United States persons consistent 
with existing statues, rules and orders. The Department should 
articulate in the charter what information should be shared 
with and through the NCCIC, how it will be used and how it will 
not be used, and what the consequences will be if the 
information is used contrary to the charter. The Department 
should use the charter to encourage the sharing of information 
and to reassure the privacy and civil liberties communities 
that the Department is not misusing information entrusted to 
the NCCIC. The Committee expects that the outside groups will 
only receive information that is stripped of all identifying 
information of individual entities.

Section 245   Participation.
    This section authorizes the Secretary to identify 
organizations that may participate and collocate with National 
Cybersecurity and Communications Integration Center (NCCIC).
    The Committee feels that the Secretary should encourage 
participation in the NCCIC by diverse organizations including 
small, medium and large businesses, State and local 
governments, and regional cybersecurity organizations. 
Participation need not be limited to critical infrastructure 
owners and operators. The Committee believes this provision in 
addition to the charter obviates any need for a participant of 
the NCCIC to sign anything other than a simple memorandum of 
understanding. The agreement between the Department and the 
prospective participant should demonstrate that both parties 
are aware of the rules for sharing information and the 
expectations of the participating organization.

Section 246   Annual Report.
    This section requires the National Cybersecurity and 
Communications Integration Center (NCCIC) board of advisors to 
submit to the Secretary and appropriate congressional 
committees an annual report on the status of NCCIC and its 
performance. Each report shall address the following:
        (1) amount of information shared;
        (2) number of violations of information sharing 
        procedures;
        (3) any changes to Center's charter; and
        (4) proposed ways of improving information sharing.
    The Committee believes it is important for the Board to 
create this annual report rather than the Department to 
maintain an independent voice for the private sector in the 
NCCIC.

Section 247   Authority to Issue Warnings.
    This section allows the Secretary to issue advisories and 
warnings to any public or private entity or to the general 
public regarding threats to information networks. The 
government may not disclose the source of the submitted 
information, or any proprietary or generally private 
information.

Section 248   Definitions.
    This section defines the terms used in the Homeland 
Security Act of 2002, as amended by H.R. 3674

Section 249   Savings Clause.
    This section ensures that nothing in this subtitle limits 
the authorities of any other Federal agency or impacts existing 
relationships or authorities of the Department of Homeland 
Security or other agencies.

Section 3(a)(2)   Clerical Amendments.
    This section provides for clerical corrections to the 
Homeland Security Act of 2002 to reflect the changes made 
within H.R. 3674.

Section 3(b)   Authorization of Appropriations for the National 
Cybersecurity and Communications Integration Center.
    This section authorizes $4,000,000 for the National 
Cybersecurity and Communications Integration Center (NCCIC), 
which matches the fiscal year 2013 budget request.

Section 4.   Cybersecurity Research and Development.
    This section requires the Under Secretary for Science and 
Technology to support research and development designed to 
protect against acts of terrorism and cyber threats, including 
work to improve and create technologies for detecting and 
containing attacks, and preventing future attacks. The Under 
Secretary shall coordinate activities with the Under Secretary 
for National Protection and Programs, the Assistant Secretary 
for Cybersecurity and Communications, and the Assistant 
Secretary for Infrastructure Protection, the heads of other 
relevant Federal departments, and foreign partners.
    The Committee believes it is important that the operational 
elements of the cybersecurity mission interact and take 
advantage of the research and development activities of the 
Department. Similarly the cybersecurity research and 
development activities of the Department should complement and 
support the operational elements.

Section 5.   Report on Support for Regional Cybersecurity 
Cooperatives.
    This section requires the Secretary submit to Congress a 
report on a plan to provide support to regional, State, and 
local grassroots cybersecurity cooperatives.

Section 6.   Cybersecurity Domestic Preparedness Consortium and 
Cybersecurity Training Center.
    This section authorizes the Secretary to establish a 
consortium of academic, nonprofit and government entities to 
provide training to State and local first responders, develop 
curriculum and conduct cybersecurity training and simulation 
exercises. The section also authorizes a training center and a 
plan for using fusion centers to train State and local law 
enforcement personnel.
    The Committee authorizes these activities but notes that 
additional authorization of appropriations was not included in 
this bill.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:
     * * * * * * *

      TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

Sec. 201. Information and Analysis and Infrastructure Protection.
     * * * * * * *

                    Subtitle C--Information Security

     * * * * * * *
Sec. 226. Department of Homeland Security cybersecurity activities.
Sec. 227. Personnel authorities related to the Office of Cybersecurity 
          and Communications.
Sec. 228. Federal preemption, exclusivity, and law enforcement and 
          intelligence activities.
     * * * * * * *

 Subtitle E--Department of Homeland Security Cybersecurity Information 
                                 Sharing

Sec. 241. Information sharing.
Sec. 242. Establishment of National Cybersecurity and Communications 
          Integration Center.
Sec. 243. Board of advisors.
Sec. 244. Charter.
Sec. 245. Participation.
Sec. 246. Annual report.
Sec. 247. Authority to issue warnings.
Sec. 248. Definitions.
Sec. 249. Savings clause.

    TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

     * * * * * * *
Sec. 318. Cybersecurity research and development.

           *       *       *       *       *       *       *

TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION

           *       *       *       *       *       *       *

Subtitle C--Information Security

           *       *       *       *       *       *       *

SEC. 226. DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY ACTIVITIES.

  (a) In General.--The Secretary shall perform necessary 
activities to help facilitate the protection of Federal systems 
and, solely upon the request of critical infrastructure owners 
and operators, assist such critical infrastructure owners and 
operators in protecting their critical infrastructure 
information systems to include--
          (1) conduct risk assessments, subject to the 
        availability of resources and, solely upon request from 
        critical infrastructure owners and operators, critical 
        infrastructure information systems;
          (2) assist in fostering the development, in 
        conjunction with the National Institute of Standards 
        and Technology and other Federal departments and 
        agencies and the private sector, of essential 
        information security technologies and capabilities for 
        protecting Federal systems and critical infrastructure 
        information systems, including comprehensive protective 
        capabilities and other technological solutions;
          (3) assist in efforts to mitigate communications and 
        information technology supply chain vulnerabilities;
          (4) support nationwide awareness and outreach 
        efforts, to include participation in appropriate 
        interagency cybersecurity awareness and education 
        programs, to educate the public;
          (5) conduct exercises, simulations, and other 
        activities designed to support and evaluate the 
        national cyber incident response plan; and
          (6) subject to the availability of resources and, 
        upon request of critical infrastructure owners and 
        operators, provide technical assistance, including 
        sending on-site teams, to such critical infrastructure 
        owners and operators.
  (b) Interagency Duties.--At the direction of the Office of 
Management and Budget pursuant to subchapter II of chapter 35 
of title 44, United States Code, the Secretary shall--
          (1) conduct targeted risk assessments and operational 
        evaluations, in conjunction with the heads of other 
        agencies, for Federal systems that may include threat, 
        vulnerability, and impact assessments and penetration 
        testing;
          (2) in conjunction with the National Institute of 
        Standards and Technology and appropriate Federal 
        departments and agencies, as well as the private 
        sector, provide for the use of consolidated intrusion 
        detection, prevention, or other protective capabilities 
        and use associated countermeasures for the purpose of 
        protecting Federal systems from cybersecurity threats;
          (3) in conjunction with other agencies and the 
        private sector, assess and foster the development of 
        information security technologies and capabilities for 
        use and dissemination throughout the Department of 
        Homeland Security and to be made available across 
        multiple agencies;
          (4) designate an entity within the Department of 
        Homeland Security to receive reports and information 
        about cybersecurity incidents, threats, and 
        vulnerabilities affecting Federal systems; and
          (5) provide incident detection, analysis, mitigation, 
        and response information and remote or on-site 
        technical assistance for Federal systems.
  (c) Cybersecurity Operational Activity.--
          (1) In general.--While carrying out the 
        responsibilities authorized in paragraphs (2) and (3) 
        of subsection (b), the Secretary is authorized, 
        notwithstanding any other provision of law, to acquire, 
        intercept, retain, use, and disclose communications and 
        other system traffic that are transiting to or from or 
        stored on Federal systems and to deploy countermeasures 
        with regard to such communications and system traffic 
        for cybersecurity purposes if the Secretary certifies 
        that--
                  (A) such acquisitions, interceptions, and 
                countermeasures are reasonably necessary for 
                the purpose of protecting Federal systems from 
                cybersecurity threats;
                  (B) the content of communications will be 
                collected and retained only when the 
                communication is associated with a known or 
                reasonably suspected cybersecurity threat and 
                communications and system traffic will not be 
                subject to the operation of a countermeasure 
                unless associated with such threats;
                  (C) information obtained pursuant to 
                activities authorized under this subsection 
                will only be retained, used, or disclosed to 
                protect Federal systems from cybersecurity 
                threats, mitigate against such threats, or, 
                with the approval of the Attorney General, for 
                law enforcement purposes when the information 
                is evidence of a crime which has been, is 
                being, or is about to be committed;
                  (D) notice has been provided to users of 
                Federal systems concerning the potential for 
                acquisition, interception, retention, use, and 
                disclosure of communications and other system 
                traffic; and
                  (E) such activities are implemented pursuant 
                to policies and procedures governing the 
                acquisition, interception, retention, use, and 
                disclosure of communications and other system 
                traffic that have been reviewed and approved by 
                the Attorney General.
          (2) Obtaining assistance.--The Secretary may enter 
        into contracts or other agreements, or otherwise 
        request and obtain the assistance of, private entities 
        that provide electronic communication or cybersecurity 
        services to acquire, intercept, retain, use, and 
        disclose communications and other system traffic 
        consistent with paragraph (1).
          (3) Permission by other agencies.--Agencies are 
        authorized to permit the Secretary, or a private entity 
        providing assistance to the Secretary under paragraph 
        (2), to acquire, intercept, retain, use, or disclose 
        communications, system traffic, records, or other 
        information transiting to or from or stored on a 
        Federal system, notwithstanding any other provision of 
        law, for the purpose of protecting Federal systems from 
        cybersecurity threats or mitigating such threats in 
        connection with activities under this subsection.
          (4) Privileged communications.--No otherwise 
        privileged communication obtained in accordance with, 
        or in violation of, this subtitle shall lose its 
        privileged character.
  (d) Coordination.--
          (1) Coordination with other entities.--In carrying 
        out cybersecurity activities subsection (a), the 
        Secretary shall coordinate, as appropriate, with--
                  (A) the head of relevant Federal departments 
                or agencies;
                  (B) representatives of State and local 
                governments;
                  (C) owners and operators of critical 
                infrastructure;
                  (D) suppliers of technology for owners and 
                operators of critical infrastructure;
                  (E) academia; and
                  (F) international organizations and foreign 
                partners.
          (2) Lead dhs cybersecurity official.--The Secretary 
        shall designate a lead cybersecurity official within 
        the Department to provide leadership to the 
        cybersecurity activities of the Department and to 
        ensure that the Department's cybersecurity activities 
        under this subtitle are coordinated with all other 
        infrastructure protection and cyber-related programs 
        and activities of the Department, including those of 
        any intelligence or law enforcement components or 
        entities within the Department.
          (3) Reports to congress.--The lead DHS cybersecurity 
        official shall make annual reports to the appropriate 
        committees of Congress on the coordination of cyber-
        related programs across the Department.
  (e) Strategy.--In carrying out the cybersecurity activities 
of the Department under subsection (a), the Secretary shall 
develop and maintain a strategy that--
          (1) articulates the actions of the Department that 
        are necessary to assure the readiness, reliability, 
        continuity, integrity, and resilience of Federal 
        systems and critical infrastructure information 
        systems;
          (2) includes explicit goals and objectives for the 
        Department as well as specific timeframes for 
        achievement of stated goals and objectives by the 
        Department;
          (3) fosters the continued superiority and reliability 
        of the United States information technology and 
        communications sectors; and
          (4) ensures that activities of the Department are 
        undertaken in a manner that protects statutory privacy 
        rights and civil liberties of United States persons.
  (f) No Right or Benefit.--The provision of assistance or 
information to critical infrastructure owners and operators, 
upon request of such critical infrastructure owners and 
operators, under this section shall be at the discretion of the 
Secretary and subject to the availability of resources. The 
provision of certain assistance or information to one critical 
infrastructure owner or and operator pursuant to this section 
shall not create a right or benefit, substantive or procedural, 
to similar assistance or information for any other critical 
infrastructure owner or and operator.
  (g) Privacy Officer Oversight.--The Privacy Officer of the 
Department of Homeland Security shall review on an ongoing 
basis, and prepare, as necessary, privacy impact assessments 
on, the cybersecurity policies, programs, and activities of the 
Department of Homeland Security for such purposes as ensuring 
compliance with all relevant constitutional and legal 
protections.
  (h) Savings Clause.--Nothing in this subtitle shall be 
interpreted to--
          (1) alter or amend the authorities of any Federal 
        department or agency other than the Department of 
        Homeland Security, including the law enforcement or 
        intelligence authorities of any such Federal department 
        or agency or the authority of any such Federal 
        department or agency to protect sources and methods and 
        the national security;
          (2) limit or modify an existing information sharing 
        or other relationship;
          (3) prohibit a new information sharing or other 
        relationship;
          (4) require a new information sharing or other 
        relationship between the Federal Government and a 
        private sector entity;
          (5) alter or otherwise limit the authority of any 
        Federal department or agency to also undertake any 
        activities that the Department of Homeland Security is 
        authorized to undertake pursuant to this section; or
          (6) provide additional authority to, or modify an 
        existing authority of the Department of Homeland 
        Security to control, modify, require, or otherwise 
        direct the cybersecurity efforts of a private-sector 
        entity or a component of the Federal Government or a 
        State, local, or tribal government.
  (i) Definitions.--In this section:
          (1) The term ``countermeasure'' means automated 
        actions with defensive intent to modify or block data 
        packets associated with electronic or wire 
        communications, internet traffic, program code, or 
        other system traffic transiting to or from or stored on 
        an information system for the purpose of protecting the 
        information system from cybersecurity threats.
          (2) The term ``Federal systems'' means information 
        systems owned, operated, leased, or otherwise 
        controlled by a Federal department or agency, or on 
        behalf of a Federal department or agency, except for 
        national security systems or those information systems 
        under the control of, used by, or storing information 
        of the Department of Defense or any element of the 
        Intelligence Community, including any information 
        systems used or operated by a contractor of the 
        Department of Defense or any element of the 
        Intelligence Community, or other organization on behalf 
        of the Department of Defense or any element of the 
        Intelligence Community.
          (3) The term ``critical infrastructure information 
        systems'' means any information system that is--
                  (A) vital to the functioning of critical 
                infrastructure as defined in section 5195c(e) 
                of title 42, United States Code; or
                  (B) owned or operated by or on behalf of a 
                State or local government entity that is 
                necessary to ensure essential government 
                operations continue.
          (4) The term ``information system'' means any 
        equipment or interconnected system or subsystem of 
        equipment that is used in the automatic acquisition, 
        storage, manipulation, management, movement, control, 
        display, switching, interchange, transmission, or 
        reception of data or information, and includes--
                  (A) computers and computer networks;
                  (B) ancillary equipment;
                  (C) software, firmware, and related 
                procedures;
                  (D) services, including support services; and
                  (E) related resources.
          (5) The term ``national security system'' means any 
        information infrastructure (including any 
        telecommunications system) used or operated by an 
        agency, by a contractor of an agency, or by another 
        organization on behalf of an agency--
                  (A) the function, operation, or use of 
                which--
                          (i) involves intelligence activities 
                        or intelligence-related activities;
                          (ii) involves cryptologic activities 
                        related to national security;
                          (iii) involves command and control of 
                        military forces;
                          (iv) involves equipment that is an 
                        integral part of a weapon or weapons 
                        system; or
                          (v) is critical to the direct 
                        fulfillment of military or intelligence 
                        missions;
                  (B) that contains information related to the 
                activities and other matters set forth in 
                subparagraph (A); or
                  (C) that is protected by procedures 
                established for classified, national security, 
                foreign policy, intelligence or intelligence-
                related, or other appropriate information.

SEC. 227. PERSONNEL AUTHORITIES RELATED TO THE OFFICE OF CYBERSECURITY 
                    AND COMMUNICATIONS.

  (a) In General.--In order to assure that the Department has 
the necessary resources to carry out the mission set forth in 
section 226, the Secretary may, as necessary, convert 
competitive service positions, and the incumbents of such 
positions, within the Office of Cybersecurity and 
Communications to excepted service, or may establish new 
positions within the Office of Cybersecurity and Communications 
in the excepted service, to the extent that the Secretary 
determines such positions are necessary to carry out the 
cybersecurity functions of the Department.
  (b) Compensation.--The Secretary may--
          (1) fix the compensation of individuals who serve in 
        positions referred to in subsection (a) in relation to 
        the rates of pay provided for comparable positions in 
        the Department and subject to the same limitations on 
        maximum rates of pay established for employees of the 
        Department by law or regulations; and
          (2) provide additional forms of compensation, 
        including benefits, incentives, and allowances, that 
        are consistent with and not in excess of the level 
        authorized for comparable positions authorized under 
        title 5, United States Code.
  (c) Retention Bonuses.--Notwithstanding any other provision 
of law, the Secretary may pay a retention bonus to any employee 
appointed under this section, if the Secretary determines that 
the bonus is needed to retain essential personnel. Before 
announcing the payment of a bonus under this subsection, the 
Secretary shall submit a written explanation of such 
determination to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate.
  (d) Annual Report.--Not later than one year after the date of 
the enactment of this section, and annually thereafter, the 
Secretary shall submit to appropriate Congressional committees 
a detailed report that includes, for the period covered by the 
report--
          (1) a discussion the Secretary's use of the flexible 
        authority authorized under this section to recruit and 
        retain qualified employees;
          (2) metrics on relevant personnel actions, 
        including--
                  (A) the number of qualified employees hired 
                by occupation and grade, level, or pay band;
                  (B) the total number of veterans hired;
                  (C) the number of separations of qualified 
                employees;
                  (D) the number of retirements of qualified 
                employees; and
                  (E) the number and amounts of recruitment, 
                relocation, and retention incentives paid to 
                qualified employees by occupation and grade, 
                level, or pay band; and
          (3) long-term and short-term strategic goals to 
        address critical skills deficiencies, including an 
        analysis of the numbers of and reasons for attrition of 
        employees and barriers to recruiting and hiring 
        individuals qualified in cybersecurity.

SEC. 228. FEDERAL PREEMPTION, EXCLUSIVITY, AND LAW ENFORCEMENT AND 
                    INTELLIGENCE ACTIVITIES.

  (a) Preemption.--This subtitle supersedes any statute of a 
State or political subdivision of a State that restricts or 
otherwise expressly regulates the acquisition, interception, 
retention, use, or disclosure of communications, records, or 
other information by private entities or governmental entities 
to the extent such statute is inconsistent with this subtitle.
  (b) Additional Exclusive Means.--Section 226(c) constitutes 
an additional exclusive means for the domestic interception of 
wire or electronic communications, in accordance with the 
provisions of law codified at section 1812(b) of title 50, 
United States Code.
  (c) Limitation.--This subtitle does not authorize the 
Secretary to engage in law enforcement or intelligence 
activities that the Department is not otherwise authorized to 
conduct under existing law.

           *       *       *       *       *       *       *

 Subtitle E--Department of Homeland Security Cybersecurity Information 
                                Sharing

SEC. 241. INFORMATION SHARING.

  The Secretary shall make appropriate cyber threat information 
obtained by the Department pursuant to title XI of the National 
Security Act of 1947 or other information appropriately in the 
possession of the Department available to appropriate owners 
and operators of critical infrastructure on a timely basis 
consistent with the statutory and other appropriate 
restrictions on the dissemination of such information and with 
the responsibilities of the Secretary under this title.

SEC. 242. ESTABLISHMENT OF NATIONAL CYBERSECURITY AND COMMUNICATIONS 
                    INTEGRATION CENTER.

  (a) Establishment.--There is established within the 
Department the National Cybersecurity and Communications 
Integration Center.
  (b) Purpose.--The center established pursuant to subsection 
(a) shall be the primary entity within the Department for 
sharing timely cyber threat information and exchanging 
technical assistance, advice, and support with appropriate 
entities pursuant to the Department's authorities.

SEC. 243. BOARD OF ADVISORS.

  (a) In General.--The National Cybersecurity and 
Communications Integration Center shall have a board of 
advisors which shall advise the Secretary on the efficient 
operation of the National Cybersecurity and Communications 
Integration Center.
  (b) Composition.--The board shall be composed of 13 members, 
including the following:
          (1) Eleven representatives from the critical 
        infrastructure sectors enumerated in the National 
        Infrastructure Protection Plan, of which at least one 
        member shall represent a small business interest and at 
        least one member shall represent each of the following 
        sectors:
                  (A) Banking and finance.
                  (B) Communications.
                  (C) Defense industrial base.
                  (D) Energy, electricity subsector.
                  (E) Energy, oil, and natural gas subsector.
                  (F) Heath care and public health.
                  (G) Information technology.
                  (H) Water.
                  (I) Chemical.
          (2) Two representatives from the privacy and civil 
        liberties community.
          (3) The Chair of the National Council of Information 
        Sharing and Analysis Centers.
  (c) Initial Appointment.--Not later than 30 days after the 
date of the enactment of this subtitle, the Secretary of 
Homeland Security, in consultation with the heads of the sector 
specific agencies of the critical infrastructure sectors 
enumerated in the National Infrastructure Protection Plan, 
shall appoint the members of the board described under 
subsection (b) from individuals identified by the sector 
coordinating councils of the critical infrastructure sectors 
enumerated in the National Infrastructure Protection Plan.
  (d) Terms.--
          (1) Critical infrastructure representatives.--Each 
        member of the board described in subsection (b)(1) 
        shall be appointed for a term that is not less than one 
        year and not longer than three years from the date of 
        the member's appointment, as determined by the member's 
        sector coordinating council.
          (2) Other representatives.--Each member of the board 
        described in subsection (b)(2) or (3) shall serve an 
        initial term that is not less than two years and not 
        longer than three years from the date of the member's 
        appointment, and each such member shall select the 
        member's successor.
  (e) Duties.--The board shall--
          (1) meet not less frequently than quarterly;
          (2) act as an advocate on behalf of the private 
        sector in improving the operations of the National 
        Cybersecurity Communications Integration Center; and
          (3) submit to the Secretary and the appropriate 
        committees of Congress the annual report described in 
        section 247.
  (f) Access to Information.--The members of the board shall, 
subject to the laws and procedures applicable to national 
security background investigations and security clearances, be 
provided with the appropriate security clearances and have 
access to appropriate information shared with the National 
Cybersecurity and Communications Integration Center and shall 
be subject to all of the limitations on the use of such 
information.
  (g) Sub-Boards.--The board shall have the authority to 
constitute such sub-boards, or other advisory groups or panels, 
as may be necessary to assist the board in carrying out its 
functions under this section.

SEC. 244. CHARTER.

  The Secretary shall develop a charter to govern the 
operations and administration of the National Cybersecurity and 
Communications Integration Center consistent with the 
requirements of title XI of the National Security Act of 1947. 
The charter shall include each of the following:
          (1) The organizational structure of the National 
        Cybersecurity and Communications Integration Center, 
        including a delineation of the mission expectations and 
        responsibilities of the various elements assigned to 
        the Center.
          (2) A mission statement of the National Cybersecurity 
        and Communications Integration Center.
          (3) A plan that promotes broad participation by 
        large, medium, and small business owners and operators 
        of networks or systems in the private sector, entities 
        operating critical infrastructure, educational 
        institutions, State, tribal, and local governments, and 
        the Federal Government.
          (4) Procedures for making appropriate cyber incident 
        information available to outside groups for academic 
        research and insurance actuarial purposes.

SEC. 245. PARTICIPATION.

  Not later than 90 days after the date of the enactment of 
this subtitle, the Secretary shall publish the criteria and 
procedures for voluntary participation and voluntary physical 
collocation by appropriate Federal, State and local government 
departments, agencies and entities, and private sector 
businesses and organizations within the National Cybersecurity 
and Communications Integration Center.

SEC. 246. ANNUAL REPORT.

  The board of advisors of the National Cybersecurity 
Communications Integration Center shall submit to the Secretary 
and the appropriate committees of Congress an annual report on 
the status of the National Cybersecurity Communications 
Integration Center and how the Center accomplished its purpose 
under section 242 during the year covered by the report. Each 
such report shall include, for the year covered by the report--
          (1) information on the amount and nature of 
        information shared by and through the Center;
          (2) the number of violations of statutory information 
        sharing restrictions and the procedures established for 
        the Center and any steps taken by the Center to reduce 
        and eliminate such violations;
          (3) any changes to the Center's charter as agreed 
        upon by the board and the membership; and
          (4) proposed ways to improve information sharing by 
        and through the Center.

SEC. 247. AUTHORITY TO ISSUE WARNINGS.

  The Secretary may, in coordination with appropriate Federal 
departments and agencies, provide advisories, alerts, and 
warnings to relevant companies, targeted sectors, other 
government entities, or the general public regarding potential 
cybersecurity threats as appropriate. In issuing such an 
advisory, alert, or warning, the Secretary shall not disclose--
          (1) without the express consent of an entity 
        voluntarily sharing information with the Federal 
        Government pursuant to title XI of the National 
        Security Act of 1947 and the Federal department or 
        agency that initially received such information, any 
        such information that forms the basis for the advisory, 
        alert, or warning or the source of such information;
          (2) information that is proprietary, business 
        sensitive, relates specifically to the submitting 
        person or entity, or is otherwise not appropriate for 
        disclosure in the public domain; and
          (3) any information that is restricted by statute, 
        rule, or regulation, including information restricted 
        from disclosure under title XI of the National Security 
        Act of 1947, and information relating to sources and 
        methods and the national security of the United States.

SEC. 248. DEFINITIONS.

  In this subtitle:
          (1) Cyber threat information.--The term ``cyber 
        threat information'' means the information directly 
        pertaining to a vulnerability of, or threat to, a 
        system or network of a government or private entity, 
        including information pertaining to the protection of a 
        system or network from--
                  (A) efforts to degrade, disrupt, or destroy 
                such system or network; or
                  (B) efforts to gain unauthorized access to a 
                system or network, including efforts to gain 
                such unauthorized access to steal or 
                misappropriate private or government 
                information.
          (2) Cybersecurity threat.--The term ``cybersecurity 
        threat'' means a vulnerability of, or threat to, a 
        system or network of a government or private entity, 
        including--
                  (A) efforts to degrade, disrupt, or destroy 
                such system or network; or
                  (B) efforts to gain unauthorized access to a 
                system or network, including efforts to gain 
                such unauthorized access to steal or 
                misappropriate private or government 
                information.

SEC. 249. SAVINGS CLAUSE.

  Nothing in this subtitle shall be interpreted to--
          (1) alter or amend the authorities of any Federal 
        department or agency other than the Department of 
        Homeland Security, including the law enforcement or 
        intelligence authorities of any such Federal department 
        or agency or the authority of any such Federal 
        department or agency to protect sources and methods and 
        the national security;
          (2) limit or modify an existing information sharing 
        or other relationship;
          (3) prohibit a new information sharing or other 
        relationship;
          (4) require a new information sharing or other 
        relationship between the Federal Government and a 
        private sector entity;
          (5) alter or otherwise limit the authority of any 
        Federal department or agency to also undertake any 
        activities that the Department of Homeland Security is 
        authorized to undertake pursuant to this section; or
          (6) provide additional authority to, or modify an 
        existing authority of the Department of Homeland 
        Security to control, modify, require, or otherwise 
        direct the cybersecurity efforts of a private-sector 
        entity or a component of the Federal Government or a 
        State, local, or tribal government.

TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

           *       *       *       *       *       *       *

SEC. 318. CYBERSECURITY RESEARCH AND DEVELOPMENT.

  (a) In General.--The Under Secretary for Science and 
Technology shall support research, development, testing, 
evaluation, and transition of cybersecurity technology. Such 
support shall include fundamental, long-term research to 
improve the ability of the United States to prevent, protect 
against, detect, respond to, and recover from acts of terrorism 
and cyber attacks, with an emphasis on research and development 
relevant to attacks that would cause a debilitating impact on 
national security, national economic security, or national 
public health and safety.
  (b) Activities.--The research and development testing, 
evaluation, and transition supported under subsection (a) shall 
include work to--
          (1) advance the development and accelerate the 
        deployment of more secure versions of fundamental 
        Internet protocols and architectures, including for the 
        domain name system and routing protocols;
          (2) improve, create, and advance the research and 
        development of techniques and technologies for 
        proactive detection and identification of threats, 
        attacks, and acts of terrorism before they occur;
          (3) advance technologies for detecting attacks or 
        intrusions, including real-time monitoring and real-
        time analytic technologies;
          (4) improve and create mitigation and recovery 
        methodologies, including techniques and policies for 
        real-time containment of attacks and development of 
        resilient networks and systems;
          (5) develop and support infrastructure and tools to 
        support cybersecurity research and development efforts, 
        including modeling, test beds, and data sets for 
        assessment of new cybersecurity technologies;
          (6) assist in the development and support of 
        technologies to reduce vulnerabilities in process 
        control systems;
          (7) develop and support cyber forensics and attack 
        attribution;
          (8) test, evaluate, and facilitate the transfer of 
        technologies associated with the engineering of less 
        vulnerable software and securing the information 
        technology software development lifecycle;
          (9) ensure new cybersecurity technology is 
        scientifically and operationally validated; and
          (10) facilitate the planning, development, and 
        implementation of international cooperative activities 
        (as defined in section 317) to address cybersecurity 
        and energy infrastructure with foreign public or 
        private entities, governmental organizations, 
        businesses (including small business concerns and 
        social and economically disadvantaged small business 
        concerns (as those terms are defined in sections 3 and 
        8 of the Small Business Act (15 U.S.C. 632 and 637) 
        respectively)), federally funded research and 
        development centers and universities from countries 
        that may include Israel, the United Kingdom, Canada, 
        Australia, Singapore, Germany, New Zealand, and other 
        allies, as determined by the Secretary, in research and 
        development of technologies, best practices, and other 
        means to protect critical infrastructure, including the 
        national electric grid.
  (c) Coordination.--In carrying out this section, the Under 
Secretary shall coordinate all activities with--
          (1) the Under Secretary for National Protection and 
        Programs Directorate; and
          (2) the heads of other relevant Federal departments 
        and agencies, including the National Science 
        Foundation, the Defense Advanced Research Projects 
        Agency, the Information Assurance Directorate of the 
        National Security Agency, the National Institute of 
        Standards and Technology, the Department of Commerce, 
        academic institutions, the Networking and Information 
        Technology Research and Development Program, and other 
        appropriate working groups established by the President 
        to identify unmet needs and cooperatively support 
        activities, as appropriate.

           *       *       *       *       *       *       *

                            DISSENTING VIEWS

    Committee Democrats believe that while H.R. 3674, as 
favorably forwarded by the Subcommittee on Cybersecurity, 
Infrastructure Protection, and Security Technologies in 
February was not perfect, it took a number of steps in the 
right direction to bolster the Nation's cybersecurity efforts, 
particularly with respect to helping critical infrastructure 
owners and operators mitigate risks to their networks. 
Regrettably, in the intervening months, that balanced, 
bipartisan bill was replaced, apparently at the insistence of 
House Republican Leadership, with a shell bill that, in large 
part, fails to meaningfully address a foremost homeland 
security concern of current and former national security 
officials--our Nation's vulnerability to cyber attacks.
    During the markup, we expressed our particular concern with 
the bill's failure to foster greater network security for 
critical infrastructure. Numerous current and former top 
national security officials, the Center for Strategic and 
International Studies (CSIS) Commission on Cybersecurity for 
the 44th Presidency, the Obama Administration's cybersecurity 
legislative proposal, and even the House Republican's 
cybersecurity task force recognized the need for action to 
address systemic vulnerabilities in critical infrastructure 
networks. Yet, the Majority rejected not only a comprehensive 
critical infrastructure amendment offered by Ranking Member 
Thompson but also targeted amendments to provide ``best 
practices'' for network security to operators in the Nuclear, 
Energy, Emergency Services, Chemical, Transportation, and Dams 
sectors. We would note that the February version of H.R. 3674, 
as approved on a bipartisan basis, included similar language 
but the Majority, apparently under pressure from House 
Republican Leadership, stripped out all language that would 
address critical infrastructure vulnerabilities--not only 
regulatory language, but language empowering critical 
infrastructure owners and operators to make their systems more 
secure.
    We are also troubled that H.R. 3674, as considered at the 
Full Committee, calls into question the future Federal role of 
the Department of Homeland Security (DHS) with respect to 
cybersecurity. Since 2003, pursuant to Homeland Security 
Presidential Directive-7, DHS has been the ``focal point for 
the security of cyberspace'' and in that capacity, has been 
responsible for (1) providing ``analysis, warning, information 
sharing, vulnerability reduction, mitigation, and aiding 
national recovery efforts for critical infrastructure 
information systems'' and (2) protecting Federal civilian 
networks. As approved, the bill encourages inefficiency and 
duplication of efforts from other departments and agencies by 
leaving ambiguous lines of authority in the Federal 
government's cybersecurity posture. This approach is worrisome 
and reminiscent of a pre-September 11th, 2001 environment, 
where amidst the chronic turf wars and stovepiping of the 
Intelligence Community, there was no lead agency to marshal all 
the resources at the government's disposal to prevent a 
catastrophe.
    Congressional Committees are incubators of expertise, where 
groups of Members come together to conduct oversight, develop 
specialized knowledge on complex issues, and translate that 
knowledge into legislation for presentation to the Full House. 
In this case, it appears that the House Republican Leadership 
supplanted the bipartisan policy priorities of this Committee 
with its own priorities and, as a result, a measured, 
thoughtful and targeted bill was swapped for an inadequate 
measure.

                                   Bennie G. Thompson.
                                   Sheila Jackson Lee.
                                   Yvette D. Clarke.
                                   Danny K. Davis.
                                   Cedric L. Richmond.
                                   William R. Keating.
                                   Janice Hahn.
                                   Loretta Sanchez.
                                   Henry Cuellar.
                                   Laura Richardson.
                                   Brian Higgins.
                                   Hansen Clarke.
                                   Kathleen C. Hochul.

                                  

```