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[Congressional Record Volume 158, Number 115 (Tuesday, July 31, 2012)]
[Senate]
[Pages S5739-S5793]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                           TEXT OF AMENDMENTS

  SA 2665. Mr. JOHNSON of Wisconsin submitted an amendment intended to 
be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LIMITATION ON REGULATIONS.

       (a) In General.--The head of a Federal agency may not issue 
     regulations, standards, or practices that are applicable to 
     the private sector under this Act or an amendment made by 
     this Act until after the date on which the Comptroller 
     General of the United States submits to Congress a report 
     stating that the information infrastructure of the Federal 
     agency is in compliance with the regulations, standards, or 
     practices.
       (b) GAO Review.--Upon request by the head of a Federal 
     agency, the Comptroller General of the United States shall--
       (1) review the information infrastructure of the Federal 
     agency to determine whether the information infrastructure is 
     in compliance with proposed regulations, standards, or 
     practices; and
       (2) submit to Congress a report regarding the conclusion of 
     the review under paragraph (1).
                                 ______
                                 
  SA 2666. Mr. JOHNSON of Wisconsin submitted an amendment intended to 
be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 8, after line 22, insert the following:

     SEC. 3. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b)(2), 
     this Act and the amendments made by this Act shall not take 
     effect until 60 days after the date on which the 
     Congressional Budget Office submits to Congress a report 
     regarding the budgetary effects of this Act.
       (b) CBO Score.--
       (1) Report.--The Congressional Budget Office shall submit 
     to Congress a report regarding the budgetary effects of this 
     Act.
       (2) Effective date.--Paragraph (1) shall take effect on the 
     date of enactment of this Act
       (c) Public Hearings.--Not later than 60 days after the date 
     on which the Congressional Budget Office submits the report 
     described in subsection (b)(1) to Congress, the head of each 
     agency with responsibility for regulating the security of 
     critical infrastructure under this Act shall hold a public 
     hearing to allow members of the public and industry to 
     comment on the impact of the budgetary effects of this Act.
                                 ______
                                 
  SA 2667. Mr. JOHNSON of Wisconsin submitted an amendment intended to 
be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 8, after line 22, insert the following:

     SEC. 3. EFFECTIVE DATE.

       (a) In General.--Except as provided in subsection (b)(2), 
     this Act and the amendments made by this Act shall not take 
     effect until--
       (1) the date on which the Congressional Budget Office 
     submits to Congress a report regarding the budgetary effects 
     of this Act; or
       (2) if the report regarding the budgetary effects submitted 
     under subsection (b)(1) determines that the cost of this Act 
     is more than $100,000,000, 60 days after the date on which 
     the determination is published in the Federal Register under 
     subsection (b)(1)(B).
       (b) CBO Score.--
       (1) Report.--The Congressional Budget Office shall--
       (A) submit to Congress a report regarding the budgetary 
     effects of this Act; and
       (B) if the report regarding the budgetary effects described 
     in subparagraph (A) determines that the cost of this Act is 
     more than $100,000,000, publish such determination in the 
     Federal Register and allow public comment during the 60-day 
     period beginning on the date on which such determination is 
     published.
       (2) Effective date.--Paragraph (1) shall take effect on the 
     date of enactment of this Act.
                                 ______
                                 
  SA 2668. Mr. RUBIO (for himself, Mrs. McCaskill, Mr. Toomey, Mr. 
Barrasso, Ms. Ayotte, Mrs. Shaheen, and Mr. Udall of New Mexico) 
submitted an amendment intended to be proposed by him to the bill S. 
3414, to enhance

[[Page S5740]]

the security and resiliency of the cyber and communications 
infrastructure of the United States; which was ordered to lie on the 
table; as follows:

       On page 165, line 21, strike ``of the United States, 
     including'' and all that follows through line 23 and insert 
     the following:
     of the United States.
       (b) Additional Sense of Congress.--
       (1) Findings.--Congress finds the following:
       (A) Given the importance of the Internet to the global 
     economy, it is essential that the Internet remain stable, 
     secure, and free from government control.
       (B) The world deserves the access to knowledge, services, 
     commerce, and communication, the accompanying benefits to 
     economic development, education, and health care, and the 
     informed discussion that is the bedrock of democratic self-
     government that the Internet provides.
       (C) The structure of Internet governance has profound 
     implications for competition and trade, democratization, free 
     expression, and access to information.
       (D) Countries have obligations to protect human rights, 
     which are advanced by online activity as well as offline 
     activity.
       (E) The ability to innovate, develop technical capacity, 
     grasp economic opportunities, and promote freedom of 
     expression online is best realized in cooperation with all 
     stakeholders.
       (F) Proposals have been put forward for consideration at 
     the 2012 World Conference on International Telecommunications 
     that would fundamentally alter the governance and operation 
     of the Internet.
       (G) The proposals, in international bodies such as the 
     United Nations General Assembly, the United Nations 
     Commission on Science and Technology for Development, and the 
     International Telecommunication Union, would attempt to 
     justify increased government control over the Internet and 
     would undermine the current multistakeholder model that has 
     enabled the Internet to flourish and under which the private 
     sector, civil society, academia, and individual users play an 
     important role in charting its direction.
       (H) The proposals would diminish the freedom of expression 
     on the Internet in favor of government control over content.
       (I) The position of the United States Government has been 
     and is to advocate for the flow of information free from 
     government control.
       (J) This and past Administrations have made a strong 
     commitment to the multistakeholder model of Internet 
     governance and the promotion of the global benefits of the 
     Internet.
       (2) Sense of congress.--It is the sense of Congress that 
     the Secretary of State, in consultation with the Secretary of 
     Commerce, should continue working to implement the position 
     of the United States on Internet governance that clearly 
     articulates the consistent and unequivocal policy of the 
     United States to promote a global Internet free from 
     government control and preserve and advance the successful 
     multistakeholder model that governs the Internet today.
                                 ______
                                 
  SA 2669. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       Beginning on page 154, strike line 9 and all that follows 
     through page 156, line 13.
                                 ______
                                 
  SA 2670. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       Strike paragraph (10) of section 707(a).
                                 ______
                                 
  SA 2671. Mr. RUBIO submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       Beginning on page 124, strike line 7 and all that follows 
     through page 128, line 14.
                                 ______
                                 
  SA 2672. Mr. BROWN of Massachusetts submitted an amendment intended 
to be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 115, between lines 8 and 9, insert the following:
       ``(10) assist the development and demonstration of 
     technologies designed to increase the security and resiliency 
     of the electricity transmission and distribution grid;
                                 ______
                                 
  SA 2673. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CAPPING AND REDUCING THE BALANCE SHEET OF THE 
                   FEDERAL RESERVE SYSTEM.

       (a) In General.--Notwithstanding any other provision of 
     law, no action may be taken by the Board of Governors of the 
     Federal Reserve System or the Federal Open Market Committee 
     on or after the date of enactment of this Act that would 
     result in the total of the factors affecting reserve balances 
     of depository institutions exceeding the balance as of July 
     27, 2012.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Federal Reserve System should expeditiously take 
     substantial steps to reduce the size of its balance sheet to 
     levels below those that prevailed prior to the financial 
     crisis of 2008.
                                 ______
                                 
  SA 2674. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. REPEAL OF DODD-FRANK ACT.

       The Dodd-Frank Wall Street Reform and Consumer Protection 
     Act (Public Law 111-203) is repealed, and the provisions of 
     law amended by such Act are revived or restored as if such 
     Act had not been enacted.
                                 ______
                                 
  SA 2675. Ms. MURKOWSKI submitted an amendment intended to be proposed 
to amendment SA 2645 submitted by Mr. Bingaman and intended to be 
proposed to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. EMERGENCY AUTHORITY RELATING TO CYBER SECURITY 
                   THREATS.

       Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 224. EMERGENCY AUTHORITY RELATING TO CYBER SECURITY 
                   THREATS.

       ``(a) Definitions.--In this section:
       ``(1) Critical electric infrastructure.--The term `critical 
     electric infrastructure' means systems and assets, whether 
     physical or virtual, used for the generation, transmission, 
     or distribution of electric energy affecting interstate 
     commerce that, as determined by the Commission or the 
     Secretary (as appropriate), are so vital to the United States 
     that the incapacity or destruction of the systems and assets 
     would have a debilitating impact on national security, 
     national economic security, or national public health or 
     safety.
       ``(2) Cyber security threat.--The term `cyber security 
     threat' means the imminent danger of an act that disrupts, 
     attempts to disrupt, or poses a significant risk of 
     disrupting the operation of programmable electronic devices 
     or communications networks (including hardware, software, and 
     data) essential to the reliable operation of critical 
     electric infrastructure.
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(b) Emergency Authority of Secretary.--
       ``(1) In general.--If the Secretary determines that 
     immediate action is necessary to protect critical electric 
     infrastructure from a cyber security threat, the Secretary 
     may require, by order, with or without notice, persons 
     subject to the jurisdiction of the Commission to take such 
     actions as the Secretary determines will best avert or 
     mitigate the cyber security threat.
       ``(2) Coordination with canada and mexico.--In exercising 
     the authority granted under this subsection, the Secretary is 
     encouraged to consult and coordinate with the appropriate 
     officials in Canada and Mexico responsible for the protection 
     of cyber security of the interconnected North American 
     electricity grid.
       ``(3) Consultation.--Before exercising the authority 
     granted under this subsection, to the extent practicable, 
     taking into account the nature of the threat and urgency of 
     need for action, the Secretary shall consult with any entity 
     that owns, controls, or operates critical electric 
     infrastructure and with officials at other Federal agencies, 
     as appropriate, regarding implementation of actions that will 
     effectively address the identified cyber security threat.
       ``(4) Cost recovery.--The Commission shall establish a 
     mechanism that permits public utilities to recover prudently 
     incurred costs required to implement immediate actions 
     ordered by the Secretary under this subsection.
       ``(c) Duration of Expedited or Emergency Rules or Orders.--
     Any order issued by the Secretary under subsection (b) shall 
     remain effective for not more than 90 days unless, during the 
     90 day-period, the Secretary--
       ``(1) gives interested persons an opportunity to submit 
     written data, views, or arguments; and
       ``(2) affirms, amends, or repeals the rule or order.''.
                                 ______
                                 
  SA 2676. Ms. MURKOWSKI submitted an amendment intended to be proposed

[[Page S5741]]

by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       Beginning on page 153, strike line 15 and all that follows 
     through page 154, line 8, and insert the following:

     SEC. 414. REPORT ON PROTECTING THE ELECTRICAL GRID OF THE 
                   UNITED STATES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Energy, in 
     consultation with the Federal Energy Regulatory Commission, 
     the Secretary, the Director of National Intelligence, and the 
     electric sector coordinating council shall submit to Congress 
     a report on--
       (1) the threat of a cyber attack disrupting the electrical 
     grid of the United States;
       (2) the existing standards, alerts, and mitigation 
     strategies in place;
       (3) the implications for the national security of the 
     United States if the electrical grid is disrupted;
       (4)(A) the interdependency of critical infrastructures; and
       (B) the options available to the United States and private 
     sector entities to reconstitute--
       (i) as soon as practicable after the disruption, electrical 
     service to provide for the national security of the United 
     States; and
       (ii) within a reasonable time frame after the disruption, 
     all electrical service within the United States; and
       (5) a plan, building on existing efforts, to prevent 
     disruption of the electric grid of the United States caused 
     by a cyber attack.
       (b) Requirements.--In preparing the report under subsection 
     (a), the Secretary of Energy shall use any existing studies 
     or reports to avoid duplication of effort.
                                 ______
                                 
  SA 2677. Mr. WHITEHOUSE (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the bill S. 3414, to 
enhance the security and resiliency of the cyber and communications 
infrastructure of the United States; which was ordered to lie on the 
table; as follows:

       On page 166, line 19, strike ``coordinate'' and insert 
     ``collaborate''.
       On page 166, line 23, strike ``to develop'' and insert 
     ``on''.
       On page 166, beginning on line 24, strike ``cyberspace, 
     cybersecurity, and cybercrime issues'' and insert ``cyber 
     issues''.
       On page 167, line 11, after ``State'' insert ``and the 
     Attorney General''.
       On page 168, line 15, after ``State'' insert ``and the 
     Attorney General''.
       On page 168, line 17, after ``State'' insert ``and the 
     Attorney General''.
                                 ______
                                 
  SA 2678. Mr. WHITEHOUSE (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the bill S. 3414, to 
enhance the security and resiliency of the cyber and communications 
infrastructure of the United States; which was ordered to lie on the 
table; as follows:

       On page 91, between lines 12 and 13, insert the following:
       ``(16) Protect.--The term `protect' means the action of 
     securing, defending, or reducing the vulnerabilities of an 
     information system, or otherwise enhancing information 
     security or the resiliency of information systems or assets.
       ``(17) Protection.--The term `protection' means the actions 
     undertaken to secure, defend, or reduce the vulnerabilities 
     of an information system, or otherwise enhance information 
     security or the resiliency of information systems or assets.
       ``(18) Respond and response.--The terms `respond' and 
     `response' in relation to cybersecurity threats, 
     vulnerabilities, or incidents do not include directing 
     cybersecurity threat and incident law enforcement 
     investigations or prosecutions.
       On page 95, line 10, strike ``security'' and insert 
     ``protection''.
       On page 99, after line 25, insert the following:
       ``(m) Law Enforcement and Intelligence Authorities.--
     Nothing in this section shall be construed to alter or amend 
     the law enforcement or intelligence authorities of any 
     Federal agency.
                                 ______
                                 
  SA 2679. Mr. WHITEHOUSE (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the bill S. 3414, to 
enhance the security and resiliency of the cyber and communications 
infrastructure of the United States; which was ordered to lie on the 
table; as follows:

       At the end of title IV, add the following:

     SEC. 416. REPORT ON FEDERAL LAW ENFORCEMENT CYBERSECURITY AND 
                   CYBERCRIME RESOURCES.

       (a) Definitions.--In this section--
       (1) the term ``covered law enforcement agency'' means each 
     law enforcement component of--
       (A) the Department of Justice; and
       (B) the Department of Homeland Security; and
       (2) the term ``mission'' means the portion of a 
     cybersecurity mission that encompasses law enforcement and 
     intelligence activities.
       (b) Report.--
       (1) In general.--The Attorney General shall enter into a 
     contract with the National Research Council, or another 
     federally funded research and development corporation, under 
     which the National Research Council or other corporation 
     shall submit to Congress a report on the current and optimal 
     level and structure of cybersecurity and cybercrime resources 
     of each covered law enforcement agency.
       (2) Contents.--The report described in paragraph (1) 
     shall--
       (A) identify the elements of the mission of each covered 
     law enforcement agency;
       (B) describe the challenges involved in the mission of each 
     covered law enforcement agency, including--
       (i) any challenges in cybercrime prosecutions, such as the 
     need for advanced forensics expertise and resources;
       (ii) the complexity of relevant Federal laws, State laws, 
     international laws, and treaty obligations of the United 
     States;
       (iii) the need to coordinate with members of the 
     intelligence community;
       (iv) the need to protect classified or sensitive 
     information while abiding by relevant law regarding the 
     disclosure of exculpatory evidence and other discoverable 
     information to a criminal defendant; and
       (v) any other challenges that the report may identify;
       (C) identify the current resources brought to bear by each 
     covered law enforcement agency in pursuing the mission of 
     that agency, differentiating between--
       (i)(I) personnel who focus exclusively on supporting the 
     mission; and
       (II) personnel who hold multiple or competing 
     responsibilities;
       (ii)(I) operational personnel; and
       (II) personnel who hold primarily management, policy 
     making, or support responsibilities;
       (iii)(I) personnel working at headquarters; and
       (II) personnel working in the field; and
       (iv)(I) personnel with specialized training and duties 
     relating to national cybersecurity; and
       (II) personnel with general technical training;
       (D) identify areas in which the level and structure of 
     current resources is inadequate for any covered law 
     enforcement agency to perform the mission of that agency;
       (E) identify the optimal level of resources that would 
     enable each covered law enforcement agency to perform the 
     mission of that agency most effectively without unnecessary 
     government waste;
       (F) identify the optimal structure of the cybersecurity and 
     cybercrime resources of each covered law enforcement agency, 
     considering existing models within--
       (i) the Department of Justice, including task forces and 
     strike forces; and
       (ii) agencies such as the Drug Enforcement Administration 
     and the Bureau of Alcohol, Tobacco, Firearms, and Explosives; 
     and
       (G) evaluate the future or developing needs of each covered 
     law enforcement agency, including the resources that the 
     agency will need to perform the mission of that agency in the 
     future.
       (3) Timing.--The contract entered into under paragraph (1) 
     shall require that the report described in this subsection be 
     submitted not later than 1 year after the date of enactment 
     of this Act.
                                 ______
                                 
  SA 2680. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       At the end of title VI, insert the following:

     SEC. 606. RULE OF CONSTRUCTION.

       Nothing in this Act may be construed as authorizing the 
     President to enter the United States into a treaty or binding 
     international agreement on cybersecurity unless such treaty 
     or agreement is approved with the advice and consent of the 
     Senate pursuant to Article II, section 2, clause 2 of the 
     Constitution.
                                 ______
                                 
  SA 2681. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       Beginning on page 46, strike line 6 and all that follows 
     through page 57, line 3, and insert the following:
       ``(4) provide a mechanism to improve and continuously 
     monitor the security of agency information security programs 
     and systems, subject to the protection of the privacy of 
     individual or customer-specific data, through a focus on 
     continuous monitoring of agency information systems and 
     streamlined reporting requirements rather than overly 
     prescriptive manual reporting.

     ``SEC. 3552. DEFINITIONS.

       ``(a) In General.--Except as provided under subsection (b), 
     the definitions under section 3502 (including the definitions 
     of the terms `agency' and `information system') shall apply 
     to this subchapter.
       ``(b) Other Terms.--In this subchapter:
       ``(1) Adequate security.--The term `adequate security' 
     means security commensurate with the risk and impact 
     resulting from the unauthorized access to or loss, misuse, 
     destruction, or modification of information.

[[Page S5742]]

       ``(2) Continuous monitoring.--The term `continuous 
     monitoring' means the ongoing real time or near real time 
     process used to determine if the complete set of planned, 
     required, and deployed security controls within an agency 
     information system continue to be effective over time in 
     light of rapidly changing information technology and threat 
     development. To the maximum extent possible, subject to the 
     protection of the privacy of individual or customer-specific 
     data, this also requires automation of that process to enable 
     cost effective, efficient, and consistent monitoring and 
     provide a more dynamic view of the security state of those 
     deployed controls.
       ``(3) Countermeasure.--The term `countermeasure' means 
     automated or manual 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, conducted on 
     an information system owned or operated by or on behalf of 
     the party to be protected or operated by a private entity 
     acting as a provider of electronic communication services, 
     remote computing services, or cybersecurity services to the 
     party to be protected.
       ``(4) Incident.--The term `incident' means an occurrence 
     that--
       ``(A) actually or imminently jeopardizes, without lawful 
     authority, the integrity, confidentiality, or availability of 
     agency information or an agency information system; or
       ``(B) constitutes a violation or imminent threat of 
     violation of law, security policies, security procedures, or 
     acceptable use policies.
       ``(5) Information security.--The term `information 
     security' means protecting agency information and information 
     systems from unauthorized access, use, disclosure, 
     disruption, modification, or destruction in order to 
     provide--
       ``(A) integrity, which means guarding against improper 
     information modification or destruction, and includes 
     ensuring nonrepudiation and authenticity;
       ``(B) confidentiality, which means preserving authorized 
     restrictions on access and disclosure, including means for 
     protecting personal privacy and proprietary information; and
       ``(C) availability, which means ensuring timely and 
     reliable access to and use of information.
       ``(6) Information technology.--The term `information 
     technology' has the meaning given that term in section 11101 
     of title 40.
       ``(7) National security system.--
       ``(A) In general.--The term `national security system' 
     means any information system (including any 
     telecommunications system) used or operated by an agency or 
     by a contractor of an agency, or other organization on behalf 
     of an agency--
       ``(i) the function, operation, or use of which--

       ``(I) involves intelligence 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) subject to subparagraph (B), is critical to the 
     direct fulfillment of military or intelligence missions; or

       ``(ii) that is protected at all times by procedures 
     established for information that have been specifically 
     authorized under criteria established by an Executive order 
     or an Act of Congress to be kept classified in the interest 
     of national defense or foreign policy.
       ``(B) Exclusion.--Subparagraph (A)(i)(V) does not include a 
     system that is to be used for routine administrative and 
     business applications (including payroll, finance, logistics, 
     and personnel management applications).
       ``(8) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.

     ``SEC. 3553. FEDERAL INFORMATION SECURITY AUTHORITY AND 
                   COORDINATION.

       ``(a) In General.--Except as provided in subsections (f) 
     and (g), the Secretary shall oversee agency information 
     security policies and practices, including the development 
     and oversight of information security policies and directives 
     and compliance with this subchapter.
       ``(b) Duties.--The Secretary shall--
       ``(1) develop, issue, and oversee the implementation of 
     information security policies and directives, which shall be 
     compulsory and binding on agencies to the extent determined 
     appropriate by the Secretary, including--
       ``(A) policies and directives consistent with the standards 
     promulgated under section 11331 of title 40 to identify and 
     provide information security protections that are 
     commensurate with the risk and impact resulting from the 
     unauthorized access, use, disclosure, disruption, 
     modification, or destruction of--
       ``(i) information collected, created, processed, stored, 
     disseminated, or otherwise used or maintained by or on behalf 
     of an agency; or
       ``(ii) information systems used or operated by an agency or 
     by a contractor of an agency or other organization, such as a 
     State government entity, on behalf of an agency;
       ``(B) minimum operational requirements for network 
     operations centers and security operations centers of 
     agencies to facilitate the protection of and provide common 
     situational awareness for all agency information and 
     information systems;
       ``(C) reporting requirements, consistent with relevant law, 
     regarding information security incidents;
       ``(D) requirements for agencywide information security 
     programs, including continuous monitoring of agency 
     information systems;
       ``(E) performance requirements and metrics for the security 
     of agency information systems;
       ``(F) training requirements to ensure that agencies are 
     able to fully and timely comply with directions issued by the 
     Secretary under this subchapter;
       ``(G) training requirements regarding privacy, civil 
     rights, civil liberties, and information oversight for agency 
     information security employees;
       ``(H) requirements for the annual reports to the Secretary 
     under section 3554(c); and
       ``(I) any other information security requirements as 
     determined by the Secretary;
       ``(2) review agency information security programs required 
     to be developed under section 3554(b);
       ``(3) develop and conduct targeted risk assessments and 
     operational evaluations for agency information and 
     information systems in consultation with the heads of other 
     agencies or governmental and private entities that own and 
     operate such systems, that may include threat, vulnerability, 
     and impact assessments and penetration testing;
       ``(4) operate consolidated intrusion detection, prevention, 
     or other protective capabilities and use associated 
     countermeasures for the purpose of protecting agency 
     information and information systems from information security 
     threats;
       ``(5) in conjunction with other agencies and the private 
     sector, assess and foster the development of information 
     security technologies and capabilities for use across 
     multiple agencies;
       ``(6) designate an entity to receive reports and 
     information about information security incidents, threats, 
     and vulnerabilities affecting agency information systems;
       ``(7) provide incident detection, analysis, mitigation, and 
     response information and remote or on-site technical 
     assistance to the heads of agencies;
       ``(8) coordinate with appropriate agencies and officials to 
     ensure, to the maximum extent feasible, that policies and 
     directives issued under paragraph (1) are complementary 
     with--
       ``(A) standards and guidelines developed for national 
     security systems; and
       ``(B) policies and directives issues by the Secretary of 
     Defense, Director of the Central Intelligence Agency, and 
     Director of National Intelligence under subsection (g)(1);
       ``(9) not later than March 1 of each year, submit to 
     Congress a report on agency compliance with the requirements 
     of this subchapter, which shall include--
       ``(A) a summary of the incidents described by the reports 
     required in section 3554(c);
       ``(B) a summary of the results of assessments required by 
     section 3555;
       ``(C) a summary of the results of evaluations required by 
     section 3556;
       ``(D) significant deficiencies in agency information 
     security practices as identified in the reports, assessments, 
     and evaluations referred to in subparagraphs (A), (B), and 
     (C), or otherwise; and
       ``(E) planned remedial action to address any deficiencies 
     identified under subparagraph (D); and
       ``(10) with respect to continuous monitoring reporting, 
     allow operators of agency information systems to use 
     processes that will protect the privacy of individual or non-
     government customer specific data.
       ``(c) Issuing Policies and Directives.--When issuing 
     policies and directives under subsection (b), the Secretary 
     shall consider any applicable standards or guidelines 
     developed by the National Institute of Standards and 
     Technology and issued by the Secretary of Commerce under 
     section 11331 of title 40. The Secretary shall consult with 
     the Director of the National Institute of Standards and 
     Technology when such policies and directives implement 
     standards or guidelines developed by National Institute of 
     Standards and Technology. To the maximum extent feasible, 
     such standards and guidelines shall be complementary with 
     standards and guidelines developed for national security 
     systems.
       ``(d) Communications and System Traffic.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, in carrying out the responsibilities under paragraphs 
     (3) and (4) of subsection (b), if the Secretary makes a 
     certification described in paragraph (2), the Secretary may 
     acquire, intercept, retain, use, and disclose communications 
     and other system traffic that are transiting to or from or 
     stored on agency information systems and deploy 
     countermeasures with regard to the communications and system 
     traffic, unless the head of an agency determines within a 
     reasonable time, and reports to the President, that such 
     acquisition, interception, retention, use, or disclosure is 
     contrary to the public interest and would seriously undermine 
     important agency goals, activities, or programs.
       ``(2) Certification.--A certification described in this 
     paragraph is a certification by the Secretary that--
       ``(A) the acquisitions, interceptions, and countermeasures 
     are reasonably necessary

[[Page S5743]]

     for the purpose of protecting agency information systems from 
     information security threats;
       ``(B) the content of communications will be collected and 
     retained only when the communication is associated with a 
     known or reasonably suspected information security threat, 
     and communications and system traffic will not be subject to 
     the operation of a countermeasure unless associated with the 
     threats;
       ``(C) information obtained under activities authorized 
     under this subsection will only be retained, used, or 
     disclosed to protect agency information systems from 
     information security threats, mitigate against such threats, 
     or, with the approval of the Attorney General, for law 
     enforcement purposes when--
       ``(i) the information is evidence of a cybersecurity crime 
     that has been, is being, or is about to be committed; and
                                 ______
                                 
  SA 2682. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ANNUAL REPORT ON FOREIGN GOVERNMENT SPONSORS OF 
                   ECONOMIC OR INDUSTRIAL ESPIONAGE.

       (a) In General.--Subject to subsection (c), not later than 
     180 days after the date of enactment of this Act, and 
     annually thereafter, the National Counterintelligence 
     Executive shall submit to Congress, the President, the 
     National Security Council, the Secretary of State, the 
     Secretary of Defense, the Secretary of the Treasury, and the 
     Secretary of Commerce--
       (1) an unclassified report that contains a list of foreign 
     governments that the National Counterintelligence Executive 
     determines engage in, sponsor, or condone economic or 
     industrial espionage against United States businesses or 
     other persons; and
       (2) a classified report that includes--
       (A) the report submitted under paragraph (1); and
       (B) the information upon which the determinations of the 
     National Counterintelligence Executive under paragraph (1) 
     are based.
       (b) Information.--In preparing a report under subsection 
     (a), the National Counterintelligence Executive shall rely 
     primarily on information available to the United States 
     Government.
       (c) Review by Secretary of State.--
       (1) Submission of report for review.--Not later than 30 
     days before the date on which the National 
     Counterintelligence Executive submits a report required under 
     subsection (a), the National Counterintelligence Executive 
     shall submit the report to the Secretary of State.
       (2) Feedback.--The Secretary of State may provide feedback 
     to the National Counterintelligence Executive with respect to 
     a report submitted to the Secretary of State under paragraph 
     (1).
       (3) Delay.--Upon the request of the Secretary of State, the 
     National Counterintelligence Executive shall delay the 
     submission of a report under subsection (a) for a period of 
     not more than 60 days.
                                 ______
                                 
  SA 2683. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 503. DEPARTMENT OF DEFENSE PROVISION FOR THE COMMON 
                   DEFENSE OF FEDERAL INFORMATION INFRASTRUCTURE 
                   IN FEDERAL CYBER EMERGENCIES.

       (a) Authority for President To Direct.--The President shall 
     have the authority to direct the Department of Defense to 
     provide for the common defense of Federal information 
     infrastructure in the event of a Federal cyber emergency.
       (b) Federal Cyber Emergency.--For purposes of this section, 
     a Federal cyber emergency is an incident that threatens the 
     viability of Federal information infrastructure necessary for 
     maintaining critical Federal government functions or 
     operations.
       (c) Scope.--The authorities exercised by the Department of 
     Defense pursuant to subsection (a) may, as directed by the 
     President under that subsection, including the authorities in 
     section 3553 of title 44, United States Code (as amended by 
     section 201 of this Act).
       (d) Duration of Authority.--Any direction of the Department 
     of Defense to provide for the common defense of Federal 
     information infrastructure in the event of a Federal cyber 
     emergency under subsection (a) shall be for such period, not 
     to exceed seven days, as the President shall direct under 
     that subsection.
       (e) Notice to Congress.--The President shall notify 
     Congress immediately upon directing the Department of Defense 
     to provide for the common defense of Federal information 
     infrastructure under subsection (a), and shall provide daily 
     updates to Congress thereafter until the authority to provide 
     for such defense expires.
       (f) Construction.--Nothing in this section shall be 
     construed to grant the Department of Defense authority, 
     jurisdiction, or control over any non-Federal information 
     infrastructure.
                                 ______
                                 
  SA 2684. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

                      TITLE _--REPEAL OF OBAMACARE

     SEC. __. REPEAL OF OBAMACARE.

       (a) Findings.--Congress finds the following with respect to 
     the impact of Public Law 111-148 and related provisions of 
     Public Law 111-152 (collectively referred to in this section 
     as ``the law''):
       (1) President Obama promised the American people that if 
     they liked their current health coverage, they could keep it. 
     But even the Obama Administration admits that tens of 
     millions of Americans are at risk of losing their health care 
     coverage, including as many as 8 in 10 plans offered by small 
     businesses.
       (2) Despite projected spending of more than two trillion 
     dollars over the next 10 years, cutting Medicare by more than 
     one-half trillion dollars over that period, and increasing 
     taxes by over $800 billion dollars over that period, the law 
     does not lower health care costs. In fact, the law actually 
     makes coverage more expensive for millions of Americans. The 
     average American family already paid a premium increase of 
     approximately $1,200 in the year following passage of the 
     law. The Congressional Budget Office (CBO) predicts that 
     health insurance premiums for individuals buying private 
     health coverage on their own will increase by $2,100 in 2016 
     compared to what the premiums would have been in 2016 if the 
     law had not passed.
       (3) The law cuts more than one-half trillion dollars in 
     Medicare and uses the funds to create a new entitlement 
     program rather than to protect and strengthen the Medicare 
     program. Actuaries at the Centers for Medicare & Medicaid 
     Services (CMS) warn that the Medicare cuts contained in the 
     law are so drastic that ``providers might end their 
     participation in the program (possibly jeopardizing access to 
     care for beneficiaries)''. CBO cautioned that the Medicare 
     cuts ``might be difficult to sustain over a long period of 
     time''. According to the CMS actuaries, 7.4 million Medicare 
     beneficiaries who would have been enrolled in a Medicare 
     Advantage plan in 2017 will lose access to their plan because 
     the law cuts $206 billion in payments to Medicare Advantage 
     plans. The Trustees of the Medicare Trust Funds predict that 
     the law will result in a substantial decline in employer-
     sponsored retiree drug coverage, and 90 percent of seniors 
     will no longer have access to retiree drug coverage by 2016 
     as a result of the law.
       (4) The law creates a 15-member, unelected Independent 
     Payment Advisory Board that is empowered to make binding 
     decisions regarding what treatments Medicare will cover and 
     how much Medicare will pay for treatments solely to cut 
     spending, restricting access to health care for seniors.
       (5) The law and the more than 13,000 pages of related 
     regulations issued before July 11, 2012, are causing great 
     uncertainty, slowing economic growth, and limiting hiring 
     opportunities for the approximately 13 million Americans 
     searching for work. Imposing higher costs on businesses will 
     lead to lower wages, fewer workers, or both.
       (6) The law imposes 21 new or higher taxes on American 
     families and businesses, including 12 taxes on families 
     making less than $250,000 a year.
       (7) While President Obama promised that nothing in the law 
     would fund elective abortion, the law expands the role of the 
     Federal Government in funding and facilitating abortion and 
     plans that cover abortion. The law appropriates billions of 
     dollars in new funding without explicitly prohibiting the use 
     of these funds for abortion, and it provides Federal 
     subsidies for health plans covering elective abortions. 
     Moreover, the law effectively forces millions of individuals 
     to personally pay a separate abortion premium in violation of 
     their sincerely held religious, ethical, or moral beliefs.
       (8) Until enactment of the law, the Federal Government has 
     not sought to impose specific coverage or care requirements 
     that infringe on the rights of conscience of insurers, 
     purchasers of insurance, plan sponsors, beneficiaries, and 
     other stakeholders, such as individual or institutional 
     health care providers. The law creates a new nationwide 
     requirement for health plans to cover ``essential health 
     benefits'' and ``preventive services'', but does not allow 
     stakeholders to opt out of covering items or services to 
     which they have a religious or moral objection, in violation 
     of the Religious Freedom Restoration Act (Public Law 103-
     141). By creating new barriers to health insurance and 
     causing the loss of existing insurance arrangements, these 
     inflexible mandates jeopardize the ability of institutions 
     and individuals to exercise their rights of conscience and 
     their ability to freely participate in the health insurance 
     and health care marketplace.
       (9) The law expands government control over health care, 
     adds trillions of dollars to existing liabilities, drives 
     costs up even further, and too often put Federal bureaucrats, 
     instead of doctors and patients, in charge of health care 
     decisionmaking.
       (10) The path to patient-centered care and lower costs for 
     all Americans must begin with a full repeal of the law.

[[Page S5744]]

       (b) Repeal.--
       (1) PPACA.--Effective as of the enactment of Public Law 
     111-148, such Act (other than subsection (d) of section 1899A 
     of the Social Security Act, as added and amended by sections 
     3403 and 10320 of such Public Law) is repealed, and the 
     provisions of law amended or repealed by such Act (other than 
     such subsection (d)) are restored or revived as if such Act 
     had not been enacted.
       (2) Health care-related provisions in the health care and 
     education reconciliation act of 2010.--Effective as of the 
     enactment of the Health Care and Education Reconciliation Act 
     of 2010 (Public Law 111-152), title I and subtitle B of title 
     II of such Act are repealed, and the provisions of law 
     amended or repealed by such title or subtitle, respectively, 
     are restored or revived as if such title and subtitle had not 
     been enacted.

     SEC. __. BUDGETARY EFFECTS OF THIS ACT.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Senate Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.
                                 ______
                                 
  SA 2685. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 110, lines 17 and 18, after ``research 
     laboratories'' insert the following: ``(including the defense 
     laboratories (as defined in section 2199 of title 10, United 
     States Code) and the national laboratories of the Department 
     of Energy)''.
                                 ______
                                 
  SA 2686. Mrs. GILLIBRAND (for herself and Mr. Bennet) submitted an 
amendment intended to be proposed by her to the bill S. 3414, to 
enhance the security and resiliency of the cyber and communications 
infrastructure of the United States; which was ordered to lie on the 
table; as follows:

       At the end of title IV, insert the following:

     SEC. 416. SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) A report from the Bipartisan Policy Center's Cyber 
     Security Task Force, published in July 2012, found that--
       (A) 50,000 cyber attacks were reported to the Department of 
     Homeland Security between October 2011 and February 2012; and
       (B) 86 of the attacks described in subparagraph (A) took 
     place on critical infrastructure networks.
       (2) The report of the Commission on Cybersecurity for the 
     44th President from the Center for Strategic and 
     International Studies (referred to in this subsection as 
     ``CSIS''), published in November 2010, concluded that the 
     United States is facing an imminent crisis in cybersecurity 
     human capital.
       (3) The November 2010 CSIS report cited another CSIS 
     report, entitled ``A Human Capital Crisis in Cybersecurity'', 
     which estimated that 1,000 specialists who had the 
     specialized cybersecurity skills needed to defend the United 
     States effectively in cyberspace existed in the United 
     States, but the number of cybersecurity specialists needed 
     that year was between 10,000 and 30,000.
       (4) Another report published by CSIS, entitled 
     ``Cybersecurity Two Years Later'', noted that ``there has 
     been slow progress in changing the situation from where we 
     were two years ago''.
       (b) Sense of Congress.--It is the sense of Congress that, 
     recognizing that the United States is currently facing a 
     human capital crisis in cybersecurity, the President should--
       (1) develop model standards, in coordination with any 
     existing standards, for nonprofit institutions that provide 
     training programs to develop advanced technical proficiency 
     for individuals seeking careers in computer network defense;
       (2) emphasize experiential learning and the opportunity to 
     take on significant real-world casework as essential parts of 
     training and development programs for cybersecurity 
     professions;
       (3) recognize institutions which develop advanced technical 
     proficiency and provide real-world casework for individuals 
     seeking careers in computer network defense as examples of 
     excellence in specialized cybersecurity training;
       (4) employ resources to support nonprofit institutions to 
     expand the cybersecurity human capital capacity of the United 
     States, particularly by supporting or establishing education 
     and training programs which--
       (A) demonstrate current and projected caseload of 
     sufficient, important system and network defense activity to 
     provide real-world training opportunities for trainees, with 
     a heavy emphasis on real-life, hands-on, high-level 
     cybersecurity work;
       (B) demonstrate practical computer network defense skills 
     and up-to-date cybersecurity experience of the senior staff 
     proposing to lead the education and training programs;
       (C) demonstrate access to hands-on training programs in the 
     most up-to-date computer network defense technologies and 
     techniques; and
       (D) collaborate with the Federal Government and private 
     sector companies in the United States in such programs; and
       (5) establish a program recognizing citizens who have 
     demonstrated outstanding leadership and service as mentors in 
     the field of cybersecurity.
                                 ______
                                 
  SA 2687. Mrs. GILLIBRAND submitted an amendment intended to be 
proposed by her to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       At the end of section 301, add the following:
       (i) Coordination With Department of Defense and Department 
     of Energy Laboratories.--It is the sense of Congress that to 
     avoid duplication of Federal efforts in developing and 
     executing a national cybersecurity research and development 
     plan, the Director should ensure that coordination with other 
     research initiatives under subsection (e) includes 
     coordination with the defense laboratories (as defined in 
     section 2199 of title 10, United States Code) and the 
     national laboratories of the Department of Energy that are 
     addressing challenges similar to the challenges described in 
     subsection (b).
                                 ______
                                 
  SA 2688. Mr. WYDEN (for himself and Mr. Kirk) submitted an amendment 
intended to be proposed by him to the bill S. 3414, to enhance the 
security and resiliency of the cyber and communications infrastructure 
of the United States; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

                  TITLE VIII--GEOLOCATION INFORMATION

     SEC. 801. SHORT TITLES.

       This title may be cited as the ``Geolocational Privacy and 
     Surveillance Act'' or the ``GPS Act''.

     SEC. 802. PROTECTION OF GEOLOCATION INFORMATION.

       (a) In General.--Part 1 of title 18, United States Code, is 
     amended by inserting after chapter 119 the following:

                 ``CHAPTER 120--GEOLOCATION INFORMATION

``Sec.
``2601. Definitions.
``2602. Interception and disclosure of geolocation information.
``2603. Prohibition of use as evidence of acquired geolocation 
              information.
``2604. Emergency situation exception.
``2605. Recovery of civil damages authorized.

     ``Sec. 2601. Definitions

       ``In this chapter:
       ``(1) Covered service.--The term `covered service' means an 
     electronic communication service, a geolocation information 
     service, or a remote computing service.
       ``(2) Electronic communication service.--The term 
     `electronic communication service' has the meaning given that 
     term in section 2510.
       ``(3) Electronic surveillance.--The term `electronic 
     surveillance' has the meaning given that term in section 101 
     of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1801).
       ``(4) Geolocation information.--The term `geolocation 
     information' means, with respect to a person, any 
     information, that is not the content of a communication, 
     concerning the location of a wireless communication device or 
     tracking device (as that term is defined section 3117) that, 
     in whole or in part, is generated by or derived from the 
     operation of that device and that could be used to determine 
     or infer information regarding the location of the person.
       ``(5) Geolocation information service.--The term 
     `geolocation information service' means the provision of a 
     global positioning service or other mapping, locational, or 
     directional information service to the public, or to such 
     class of users as to be effectively available to the public, 
     by or through the operation of any wireless communication 
     device, including any mobile telephone, global positioning 
     system receiving device, mobile computer, or other similar or 
     successor device.
       ``(6) Intercept.--The term `intercept' means the 
     acquisition of geolocation information through the use of any 
     electronic, mechanical, or other device.
       ``(7) Investigative or law enforcement officer.--The term 
     `investigative or law enforcement officer' means any officer 
     of the United States or of a State or political subdivision 
     thereof, who is empowered by law to conduct investigations 
     of, or to make arrests for, offenses enumerated in this 
     chapter, and any attorney authorized by law to prosecute or 
     participate in the prosecution of such offenses.
       ``(8) Person.--The term `person' means any employee or 
     agent of the United States, or any State or political 
     subdivision thereof, and any individual, partnership, 
     association, joint stock company, trust, or corporation.
       ``(9) Remote computing service.--The term `remote computing 
     service' has the meaning given that term in section 2711.
       ``(10) State.--The term `State' means any State of the 
     United States, the District of

[[Page S5745]]

     Columbia, the Commonwealth of Puerto Rico, and any territory 
     or possession of the United States.
       ``(11) Wireless communication device.--The term `wireless 
     communication device' means any device that enables access 
     to, or use of, an electronic communication system or service 
     or a covered service, if that device utilizes a radio or 
     other wireless connection to access such system or service.

     ``Sec. 2602. Interception and disclosure of geolocation 
       information

       ``(a) In General.--
       ``(1) Prohibition on disclosure or use.--Except as 
     otherwise specifically provided in this chapter, it shall be 
     unlawful for any person to--
       ``(A) intentionally intercept, endeavor to intercept, or 
     procure any other person to intercept or endeavor to 
     intercept, geolocation information pertaining to another 
     person;
       ``(B) intentionally disclose, or endeavor to disclose, to 
     any other person geolocation information pertaining to 
     another person, knowing or having reason to know that the 
     information was obtained through the interception of such 
     information in violation of this paragraph;
       ``(C) intentionally use, or endeavor to use, any 
     geolocation information, knowing or having reason to know 
     that the information was obtained through the interception of 
     such information in violation of this paragraph; or
       ``(D)(i) intentionally disclose, or endeavor to disclose, 
     to any other person the geolocation information pertaining to 
     another person intercepted by means authorized by subsections 
     (b) through (h), except as provided in such subsections;
       ``(ii) knowing or having reason to know that the 
     information was obtained through the interception of such 
     information in connection with a criminal investigation;
       ``(iii) having obtained or received the information in 
     connection with a criminal investigation; and
       ``(iv) with intent to improperly obstruct, impede, or 
     interfere with a duly authorized criminal investigation.
       ``(2) Penalty.--Any person who violates paragraph (1) shall 
     be fined under this title, imprisoned not more than five 
     years, or both.
       ``(b) Exception for Information Acquired in the Normal 
     Course of Business.--It shall not be unlawful under this 
     chapter for an officer, employee, or agent of a provider of a 
     covered service, whose facilities are used in the 
     transmission of geolocation information, to intercept, 
     disclose, or use that information in the normal course of the 
     officer, employee, or agent's employment while engaged in any 
     activity which is a necessary incident to the rendition of 
     service or to the protection of the rights or property of the 
     provider of that service, except that a provider of a 
     geolocation information service to the public shall not 
     utilize service observing or random monitoring except for 
     mechanical or service quality control checks.
       ``(c) Exception for Conducting Foreign Intelligence 
     Surveillance.--Notwithstanding any other provision of this 
     chapter, it shall not be unlawful for an officer, employee, 
     or agent of the United States in the normal course of the 
     official duty of the officer, employee, or agent to conduct 
     electronic surveillance, as authorized by the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.).
       ``(d) Exception for Consent.--
       ``(1) In general.--It shall not be unlawful under this 
     chapter for a person to intercept geolocation information 
     pertaining to another person if such other person has given 
     prior consent to such interception unless such information is 
     intercepted for the purpose of committing any criminal or 
     tortious act in violation of the Constitution or laws of the 
     United States or of any State.
       ``(2) Children.--The exception in paragraph (1) permits a 
     parent or legal guardian of a child to intercept geolocation 
     information pertaining to that child or to give consent for 
     another person to intercept such information.
       ``(e) Exception for Public Information.--It shall not be 
     unlawful under this chapter for any person to intercept or 
     access geolocation information relating to another person 
     through any system that is configured so that such 
     information is readily accessible to the general public.
       ``(f) Exception for Emergency Information.--It shall not be 
     unlawful under this chapter for any investigative or law 
     enforcement officer or other emergency responder to intercept 
     or access geolocation information relating to a person if 
     such information is used--
       ``(1) to respond to a request made by such person for 
     assistance; or
       ``(2) in circumstances in which it is reasonable to believe 
     that the life or safety of the person is threatened, to 
     assist the person.
       ``(g) Exception for Theft or Fraud.--It shall not be 
     unlawful under this chapter for a person acting under color 
     of law to intercept geolocation information pertaining to the 
     location of another person who has unlawfully taken the 
     device sending the geolocation information if--
       ``(1) the owner or operator of such device authorizes the 
     interception of the person's geolocation information;
       ``(2) the person acting under color of law is lawfully 
     engaged in an investigation; and
       ``(3) the person acting under color of law has reasonable 
     grounds to believe that the geolocation information of the 
     other person will be relevant to the investigation.
       ``(h) Exception for Warrant.--
       ``(1) Definitions.--In this subsection:
       ``(A) Court of competent jurisdiction.--The term `court of 
     competent jurisdiction' includes--
       ``(i) any district court of the United States (including a 
     magistrate judge of such a court) or any United States court 
     of appeals that--

       ``(I) has jurisdiction over the offense being investigated;
       ``(II) is in or for a district in which the provider of a 
     geolocation information service is located or in which the 
     geolocation information is stored; or
       ``(III) is acting on a request for foreign assistance 
     pursuant to section 3512; or

       ``(ii) a court of general criminal jurisdiction of a State 
     authorized by the law of that State to issue search warrants.
       ``(B) Governmental entity.--The term `governmental entity' 
     means a department or agency of the United States or any 
     State or political subdivision thereof.
       ``(2) Warrant.--A governmental entity may intercept 
     geolocation information or require the disclosure by a 
     provider of a covered service of geolocation information only 
     pursuant to a warrant issued using the procedures described 
     in the Federal Rules of Criminal Procedure (or, in the case 
     of a State court, issued using State warrant procedures) by a 
     court of competent jurisdiction, or as otherwise provided in 
     this chapter or the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.).
       ``(i) Prohibition on Divulging Geolocation Information.--
       ``(1) In general.--Except as provided in paragraph (2), a 
     person providing a covered service shall not intentionally 
     divulge geolocation information pertaining to another person.
       ``(2) Exceptions.--A person providing a covered service may 
     divulge geolocation information--
       ``(A) as otherwise authorized in subsections (b) through 
     (h);
       ``(B) with the lawful consent of such other person;
       ``(C) to another person employed or authorized, or whose 
     facilities are used, to forward such geolocation information 
     to its destination; or
       ``(D) which was inadvertently obtained by the provider of 
     the covered service and which appears to pertain to the 
     commission of a crime, if such divulgence is made to a law 
     enforcement agency.

     ``Sec. 2603. Prohibition of use as evidence of acquired 
       geolocation information

       ``Whenever any geolocation information has been acquired, 
     no part of such information and no evidence derived therefrom 
     may be received in evidence in any trial, hearing, or other 
     proceeding in or before any court, grand jury, department, 
     officer, agency, regulatory body, legislative committee, or 
     other authority of the United States, a State, or a political 
     subdivision thereof if the disclosure of that information 
     would be in violation of this chapter.

     ``Sec. 2604. Emergency situation exception

       ``(a) Emergency Situation Exception.--Notwithstanding any 
     other provision of this chapter, any investigative or law 
     enforcement officer, specially designated by the Attorney 
     General, the Deputy Attorney General, the Associate Attorney 
     General, or by the principal prosecuting attorney of any 
     State or subdivision thereof acting pursuant to a statute of 
     that State, may intercept geolocation information if--
       ``(1) such officer reasonably determines that an emergency 
     situation exists that--
       ``(A) involves--
       ``(i) immediate danger of death or serious physical injury 
     to any person;
       ``(ii) conspiratorial activities threatening the national 
     security interest; or
       ``(iii) conspiratorial activities characteristic of 
     organized crime; and
       ``(B) requires geolocation information be intercepted 
     before an order authorizing such interception can, with due 
     diligence, be obtained;
       ``(2) there are grounds upon which an order could be 
     entered to authorize such interception; and
       ``(3) an application for an order approving such 
     interception is made within 48 hours after the interception 
     has occurred or begins to occur.
       ``(b) Failure To Obtain Court Order.--
       ``(1) Termination of acquisition.--In the absence of an 
     order, an interception of geolocation information carried out 
     under subsection (a) shall immediately terminate when the 
     information sought is obtained or when the application for 
     the order is denied, whichever is earlier.
       ``(2) Prohibition on use as evidence.--In the event such 
     application for approval is denied, the geolocation 
     information shall be treated as having been obtained in 
     violation of this chapter and an inventory shall be served on 
     the person named in the application.

     ``Sec. 2605. Recovery of civil damages authorized

       ``(a) In General.--Any person whose geolocation information 
     is intercepted, disclosed, or intentionally used in violation 
     of this chapter may in a civil action recover from the 
     person, other than the United States, which engaged in that 
     violation such relief as may be appropriate.
       ``(b) Relief.--In an action under this section, appropriate 
     relief includes--
       ``(1) such preliminary and other equitable or declaratory 
     relief as may be appropriate;

[[Page S5746]]

       ``(2) damages under subsection (c) and punitive damages in 
     appropriate cases; and
       ``(3) a reasonable attorney's fee and other litigation 
     costs reasonably incurred.
       ``(c) Computation of Damages.--The court may assess as 
     damages under this section whichever is the greater of--
       ``(1) the sum of the actual damages suffered by the 
     plaintiff and any profits made by the violator as a result of 
     the violation; or
       ``(2) statutory damages of whichever is the greater of $100 
     a day for each day of violation or $10,000.
       ``(d) Defense.--It is a complete defense against any civil 
     or criminal action brought against an individual for conduct 
     in violation of this chapter if such individual acted in a 
     good faith reliance on--
       ``(1) a court warrant or order, a grand jury subpoena, a 
     legislative authorization, or a statutory authorization;
       ``(2) a request of an investigative or law enforcement 
     officer under section 2604; or
       ``(3) a good-faith determination that an exception under 
     section 2602 permitted the conduct complained of.
       ``(e) Limitation.--A civil action under this section may 
     not be commenced later than two years after the date upon 
     which the claimant first has a reasonable opportunity to 
     discover the violation.
       ``(f) Administrative Discipline.--If a court or appropriate 
     department or agency determines that the United States or any 
     of its departments or agencies has violated any provision of 
     this chapter, and the court or appropriate department or 
     agency finds that the circumstances surrounding the violation 
     raise serious questions about whether or not an officer or 
     employee of the United States acted willfully or 
     intentionally with respect to the violation, the department 
     or agency shall, upon receipt of a true and correct copy of 
     the decision and findings of the court or appropriate 
     department or agency promptly initiate a proceeding to 
     determine whether disciplinary action against the officer or 
     employee is warranted. If the head of the department or 
     agency involved determines that disciplinary action is not 
     warranted, such head shall notify the Inspector General with 
     jurisdiction over the department or agency concerned and 
     shall provide the Inspector General with the reasons for such 
     determination.
       ``(g) Improper Disclosure Is Violation.--Any willful 
     disclosure or use by an investigative or law enforcement 
     officer or governmental entity of information beyond the 
     extent permitted by this chapter is a violation of this 
     chapter for purposes of this section.
       ``(h) Construction.--Nothing in this section may be 
     construed to establish a new cause of action against any 
     electronic communication service provider, remote computing 
     service provider, geolocation service provider, or law 
     enforcement or investigative officer, or eliminate or affect 
     any cause of action that exists under section 2520, section 
     2707, or any other provision of law.''.
       (b) Clerical Amendment.--The table of chapters for part 1 
     of title 18, United States Code, is amended by inserting 
     after the item relating to chapter 119 the following:

``120. Geolocation information..............................2601''.....

       (c) Conforming Amendments.--Section 3512(a) of title 18, 
     United States Code, is amended--
       (1) in paragraph (2)--
       (A) by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (C), (D), and (E), respectively; and
       (B) by inserting after subparagraph (A) the following:
       ``(B) a warrant or order for geolocation information or 
     records related thereto, as provided under section 2602 of 
     this title;''.

     SEC. 803. REQUIREMENT FOR SEARCH WARRANTS TO ACQUIRE 
                   GEOLOCATION INFORMATION.

       Rule 41(a) of the Federal Rules of Criminal Procedure is 
     amended--
       (1) in paragraph (2)(A), by striking the period at the end 
     and inserting a comma and ``including geolocation 
     information.''; and
       (2) by adding at the end the following:
       ``(F) `Geolocation information' has the meaning given that 
     term in section 2601 of title 18, United States Code.''.

     SEC. 804. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH 
                   OBTAINING GEOLOCATION INFORMATION.

       (a) Criminal Violation.--Section 1039(h) of title 18, 
     United States Code, is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting a semicolon and ``and''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) includes any geolocation information service.'';
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following:
       ``(4) Geolocation information service.--The term 
     `geolocation information service' has the meaning given that 
     term in section 2601.''.
       (b) Conforming Amendments.--
       (1) Definition amendments.--Section 1039(h)(1) of title 18, 
     United States Code, is amended--
       (A) in the paragraph heading, by inserting ``or gps'' after 
     ``phone''; and
       (B) in the matter preceding subparagraph (A), by inserting 
     ``or GPS'' after ``phone''.
       (2) Conforming amendments.--Section 1039 of title 18, 
     United States Code, is amended--
       (A) in the section heading by inserting ``or GPS'' after 
     ``phone'';
       (B) in subsection (a)--
       (i) in the matter preceding paragraph (1), by inserting 
     ``or GPS'' after ``phone''; and
       (ii) in paragraph (4), by inserting ``or GPS'' after 
     ``phone'';
       (C) in subsection (b)--
       (i) in the subsection heading, by inserting ``or GPS'' 
     after ``phone'';
       (ii) in paragraph (1), by inserting ``or GPS'' after 
     ``phone'' both places that term appears; and
       (iii) in paragraph (2), by inserting ``or GPS'' after 
     ``phone''; and
       (D) in subsection (c)--
       (i) in the subsection heading, by inserting ``or GPS'' 
     after ``phone'';
       (ii) in paragraph (1), by inserting ``or GPS'' after 
     ``phone'' both places that term appears; and
       (iii) in paragraph (2), by inserting ``or GPS'' after 
     ``phone''.
       (3) Chapter analysis.--The table of sections for chapter 47 
     of title 18, United States Code, is amended by striking the 
     item relating to section 1039 and inserting the following:

``1039. Fraud and related activity in connection with obtaining 
              confidential phone or GPS records information of a 
              covered entity.''.

       (c) Sentencing Guidelines.--
       (1) Review and amendment.--Not later than 180 days after 
     the date of enactment of this Act, the United States 
     Sentencing Commission, pursuant to its authority under 
     section 994 of title 28, United States Code, and in 
     accordance with this section, shall review and, if 
     appropriate, amend the Federal sentencing guidelines and 
     policy statements applicable to persons convicted of any 
     offense under section 1039 of title 18, United States Code, 
     as amended by this section.
       (2) Authorization.--The United States Sentencing Commission 
     may amend the Federal sentencing guidelines in accordance 
     with the procedures set forth in section 21(a) of the 
     Sentencing Act of 1987 (28 U.S.C. 994 note) as though the 
     authority under that section had not expired.

     SEC. 805. STATEMENT OF EXCLUSIVE MEANS OF ACQUIRING 
                   GEOLOCATION INFORMATION.

       (a) In General.--No person may acquire the geolocation 
     information of a person for protective activities or law 
     enforcement or intelligence purposes except pursuant to a 
     warrant issued pursuant to rule 41 of the Federal Rules of 
     Criminal Procedure, as amended by section 803, or the 
     amendments made by this Act, or the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801).
       (b) Geolocation Information Defined.--In this section, the 
     term ``geolocation information'' has the meaning given that 
     term in section 2601 of title 18, United States Code, as 
     amended by section 802.
                                 ______
                                 
  SA 2689. Mr. BENNET (for himself and Mr. Coburn) submitted an 
amendment intended to be proposed by him to the bill S. 3414, to 
enhance the security and resiliency of the cyber and communications 
infrastructure of the United States; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

        TITLE VIII--FEDERAL DATA CENTER CONSOLIDATION INITIATIVE

     SEC. 801. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator for the Office of E-Government and Information 
     Technology within the Office of Management and Budget.
       (2) Chief information officers council.--The term ``Chief 
     Information Officers Council'' means the Chief Information 
     Officers Council established under section 3603 of title 44, 
     United States Code.
       (3) Data center.--
       (A) Definition.--The term ``data center'' means a closet, 
     room, floor, or building for the storage, management, and 
     dissemination of data and information, as defined by the 
     Administrator in the ``Implementation Guidance for the 
     Federal Data Center Consolidation Initiative'' memorandum, 
     issued on March 19, 2012.
       (B) Authority to modify definition.--The Administrator may 
     promulgate guidance or other clarifications to modify the 
     definition in subparagraph (A) in a manner consistent with 
     this Act, as the Administrator determines necessary.

     SEC. 802. FEDERAL DATA CENTER CONSOLIDATION INVENTORIES AND 
                   PLANS.

       (a) Required Submissions.--
       (1) In general.--
       (A) Annual reports.--Each year, beginning in fiscal year 
     2013 through the end of fiscal year 2017, the head of each 
     agency that is described in paragraph (2), assisted by the 
     chief information officer of the agency, shall submit to the 
     Administrator--
       (i) by June 30th of each year, a comprehensive asset 
     inventory of the data centers owned, operated, or maintained 
     by or on behalf of the agency, even if the center is 
     administered by a third party; and
       (ii) by September 30th of each year, an updated 
     consolidation plan that includes--

       (I) a technical roadmap and approach for achieving the 
     agency's targets for infrastructure utilization, energy 
     efficiency, cost savings and efficiency;

[[Page S5747]]

       (II) a detailed timeline for implementation of the data 
     center consolidation plan;
       (III) quantitative utilization and efficiency goals for 
     reducing assets and improving use of information technology 
     infrastructure;
       (IV) performance metrics by which the progress of the 
     agency toward data center consolidation goals can be 
     measured, including metrics to track any gains in energy 
     utilization as a result of this initiative;
       (V) an aggregation of year-by-year investment and cost 
     savings calculations for 5 years past the date of submission 
     of the cost saving assessment, including a description of any 
     initial costs for data center consolidation;
       (VI) quantitative progress towards previously stated goals 
     including cost savings and increases in operational 
     efficiencies and utilization; and
       (VII) any additional information required by the 
     Administrator.

       (B) Certification.--Each year, beginning in fiscal year 
     2013 through the end of fiscal year 2017, the head of an 
     agency, acting through the chief information officer of the 
     agency, shall submit a statement to the Administrator 
     certifying that the agency has complied with the requirements 
     of this section.
       (C) Inspector general report.--
       (i) In general.--The Inspector General for each agency 
     described in paragraph (2) shall release a public report not 
     later than 6 months after the date on which the agency 
     releases the first updated asset inventory in fiscal year 
     2013 under subparagraph (A)(i), which shall evaluate the 
     completeness of the inventory of the agency; and
       (ii) Agency response.--The head of each agency shall 
     respond to the report completed by the Inspector General for 
     the agency under clause (i), and complete any inventory 
     identified by the Inspector General for the agency as 
     incomplete, by the time the agency submits the required 
     inventory update for fiscal year 2014.
       (D) Responsibility of the administrator.--The Administrator 
     shall ensure that each certification submitted under 
     subparagraph (B) and each agency consolidation plan submitted 
     under subparagraph (A)(ii), is made available in a timely 
     fashion to the general public.
       (2) Agencies described.--The agencies (including all 
     associated components of the agency) described in this 
     paragraph are the--
       (A) Department of Agriculture;
       (B) Department of Commerce;
       (C) Department of Defense;
       (D) Department of Education;
       (E) Department of Energy;
       (F) Department of Health and Human Services;
       (G) Department of Homeland Security;
       (H) Department of Housing and Urban Development;
       (I) Department of the Interior;
       (J) Department of Justice;
       (K) Department of Labor;
       (L) Department of State;
       (M) Department of Transportation;
       (N) Department of Treasury;
       (O) Department of Veterans Affairs;
       (P) Environmental Protection Agency;
       (Q) General Services Administration;
       (R) National Aeronautics and Space Administration;
       (S) National Science Foundation;
       (T) Nuclear Regulatory Commission;
       (U) Office of Personnel Management;
       (V) Small Business Administration;
       (W) Social Security Administration; and
       (X) United States Agency for International Development.
       (3) Agency implementation of consolidation plans.--Each 
     agency described in paragraph (2), under the direction of the 
     chief information officer of the agency, shall--
       (A) implement the consolidation plan required under 
     paragraph (1)(A)(ii); and
       (B) provide to the Administrator annual updates on 
     implementation and cost savings realized through such 
     consolidation plan.
       (b) Administrator Review.--The Administrator shall--
       (1) review the plans submitted under subsection (a) to 
     determine whether each plan is comprehensive and complete;
       (2) monitor the implementation of the data center 
     consolidation plan of each agency described in subsection 
     (a)(2); and
       (3) update the cumulative cost savings projection on an 
     annual basis as the savings are realized through the 
     implementation of the agency plans.
       (c) Cost Saving Goal and Updates for Congress.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, or by September 30th of fiscal year 
     2013, whichever is later, the Administrator shall develop and 
     publish a goal for the total amount of planned cost savings 
     by the Federal Government through the Federal Data Center 
     Consolidation Initiative during the 5-year period beginning 
     on the date of enactment of this Act, which shall include a 
     breakdown on a year-by-year basis of the projected savings.
       (2) Annual update.--
       (A) In general.--Not later than 1 year after the date on 
     which the goal described in paragraph (1) is determined and 
     each year thereafter until the end of 2017, the Administrator 
     shall publish a report on the actual savings achieved through 
     the Federal Data Center Consolidation Initiative as compared 
     to the projected savings developed under paragraph (1) (based 
     on data collected from each affected agency under subsection 
     (a)(1)).
       (B) Update for congress.--The report required under 
     subparagraph (A) shall be submitted to Congress and shall 
     include an update on the progress made by each agency 
     described in subsection (a)(2) on--
       (i) whether each agency has in fact submitted a 
     comprehensive asset inventory;
       (ii) whether each agency has submitted a comprehensive 
     consolidation plan with the key elements described in 
     (a)(1)(A)(ii); and
       (iii) the progress, if any, of each agency on implementing 
     the consolidation plan of the agency.
       (d) GAO Review.--The Comptroller General of the United 
     States shall, on an annual basis, publish a report on--
       (1) the quality and completeness of each agency's asset 
     inventory and consolidation plans required under subsection 
     (a)(1)(A);
       (2) each agency's progress on implementation of the 
     consolidation plans submitted under subsection (a)(1)(A);
       (3) overall planned and actual cost savings realized 
     through implementation of the consolidation plans submitted 
     under subsection (a)(1)(A);
       (4) any steps that the Administrator could take to improve 
     implementation of the data center consolidation initiative; 
     and
       (5) any matters for Congressional consideration in order to 
     improve or accelerate the implementation of the data center 
     consolidation initiative.
       (e) Response to GAO.--
       (1) In general.--If a report required under subsection (d) 
     identifies any deficiencies or delays in any of the elements 
     described in paragraphs (1) through (5) of subsection (d) for 
     an agency, the head of the agency shall respond in writing to 
     the Comptroller General of the United State, not later than 
     90 days after the date on which the report is published under 
     subsection (d), with a detailed explanation of how the agency 
     will address the deficiency.
       (2) Additional requirements.--If the Comptroller General 
     identifies an agency that has repeatedly lagged in 
     implementing the data center consolidation initiative, the 
     Comptroller General may require that the head of the agency 
     submit a statement explaining--
       (A) why the agency is having difficulty implementing the 
     initiative; and
       (B) what structural or personnel changes are needed within 
     the agency to address the problem.

     SEC. 803. ENSURING CYBERSECURITY STANDARDS FOR DATA CENTER 
                   CONSOLIDATION AND CLOUD COMPUTING.

       An agency required to implement a data center consolidation 
     plan under this title and migrate to cloud computing shall do 
     so in a manner that is consistent with Federal guidelines on 
     cloud computing security, including--
       (1) applicable provisions found within the Federal Risk and 
     Authorization Management Program of the General Service 
     Administration; and
       (2) guidance published by the National Institute of 
     Standards and Technology.

     SEC. 804. CLASSIFIED INFORMATION.

       The Director of National Intelligence may waive the 
     requirements of this title for any element (or component of 
     an element) of the intelligence community.

     SEC. 805. SUNSET.

       This title is repealed effective on October 1, 2017.
                                 ______
                                 
  SA 2690. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       At the end of section 104, add the following:
       (d) Application of Benefits of Cybersecurity Program to 
     Entities Subject to Mandatory Requirements.--
       (1) In general.--Subject to paragraphs (2) through (4), any 
     entity subject to the jurisdiction of the Federal Energy 
     Regulatory Commission under section 215 of the Federal Power 
     Act (16 U.S.C. 824o) or to any facility subject to 
     cybersecurity measures required by the Nuclear Regulatory 
     Commission under the Atomic Energy Act of 1954 (42 U.S.C. 
     2011 et seq.) shall be entitled to the benefits of 
     certification provided under subsection (c) (other than 
     subsection (c)(1)).
       (2) Eligibility.--To be eligible for the benefits of 
     certification described in paragraph (1), an entity or 
     facility shall demonstrate to the Secretary of Energy that it 
     is an entity or facility described in paragraph (1).
       (3) Certified owner or operator.--If the Secretary of 
     Energy determines that an entity or facility is an entity or 
     facility described in paragraph (1), the entity or facility 
     shall be considered a certified owner or operator under this 
     section (other than subsection (c)(1)).
       (4) Effect on other laws.--Nothing in this subsection 
     limits the applicability of any exemption from or limitation 
     of liability or damages that a certified owner may have under 
     any other Federal or State law (including regulations).
       (e) Federal Energy Laws.--Except as provided in subsection 
     (d), nothing in this Act authorizes the imposition or 
     modification of requirements relating to--
       (1)(A) the bulk-power system;
       (B) the promulgation or enforcement of reliability 
     standards for the bulk power system (including for 
     cybersecurity protection) by the certified Electric 
     Reliability Organization; or

[[Page S5748]]

       (C) the approval or enforcement of the standards by the 
     Federal Energy Regulatory Commission under section 215 of the 
     Federal Power Act (16 U.S.C. 824o); or
       (2) nuclear facilities subject to cybersecurity measures 
     required by the Nuclear Regulatory Commission under the 
     Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
                                 ______
                                 
  SA 2691. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       Strike title I.
                                 ______
                                 
  SA 2692. Mrs. HUTCHISON (for herself, Mr. McCain, Mr. Chambliss, Mr. 
Grassley, Ms. Murkowski, Mr. Coats, Mr. Burr, and Mr. Johnson of 
Wisconsin) submitted an amendment intended to be proposed by her to the 
bill S. 3414, to enhance the security and resiliency of the cyber and 
communications infrastructure of the United States; which was ordered 
to lie on the table; as follows:

       Beginning on page 1, strike line 4 and all that follows and 
     insert the following:
       (a) Short Title.--This Act may be cited as the 
     ``Strengthening and Enhancing Cybersecurity by Using 
     Research, Education, Information, and Technology Act of 
     2012'' or ``SECURE IT''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

       TITLE I--FACILITATING SHARING OF CYBER THREAT INFORMATION

Sec. 101. Definitions.
Sec. 102. Authorization to share cyber threat information.
Sec. 103. Information sharing by the Federal government.
Sec. 104. Construction.
Sec. 105. Report on implementation.
Sec. 106. Inspector General review.
Sec. 107. Technical amendments.
Sec. 108. Access to classified information.

     TITLE II--COORDINATION OF FEDERAL INFORMATION SECURITY POLICY

Sec. 201. Coordination of Federal information security policy.
Sec. 202. Management of information technology.
Sec. 203. No new funding.
Sec. 204. Technical and conforming amendments.
Sec. 205. Clarification of authorities.

                     TITLE III--CRIMINAL PENALTIES

Sec. 301. Penalties for fraud and related activity in connection with 
              computers.
Sec. 302. Trafficking in passwords.
Sec. 303. Conspiracy and attempted computer fraud offenses.
Sec. 304. Criminal and civil forfeiture for fraud and related activity 
              in connection with computers.
Sec. 305. Damage to critical infrastructure computers.
Sec. 306. Limitation on actions involving unauthorized use.
Sec. 307. No new funding.

            TITLE IV--CYBERSECURITY RESEARCH AND DEVELOPMENT

Sec. 401. National High-Performance Computing Program planning and 
              coordination.
Sec. 402. Research in areas of national importance.
Sec. 403. Program improvements.
Sec. 404. Improving education of networking and information technology, 
              including high performance computing.
Sec. 405. Conforming and technical amendments to the High-Performance 
              Computing Act of 1991.
Sec. 406. Federal cyber scholarship-for-service program.
Sec. 407. Study and analysis of certification and training of 
              information infrastructure professionals.
Sec. 408. International cybersecurity technical standards.
Sec. 409. Identity management research and development.
Sec. 410. Federal cybersecurity research and development.

       TITLE I--FACILITATING SHARING OF CYBER THREAT INFORMATION

     SEC. 101. DEFINITIONS.

       In this title:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 3502 of title 44, United States Code.
       (2) Antitrust laws.--The term ``antitrust laws''--
       (A) has the meaning given the term in section 1(a) of the 
     Clayton Act (15 U.S.C. 12(a));
       (B) includes section 5 of the Federal Trade Commission Act 
     (15 U.S.C. 45) to the extent that section 5 of that Act 
     applies to unfair methods of competition; and
       (C) includes any State law that has the same intent and 
     effect as the laws under subparagraphs (A) and (B).
       (3) Countermeasure.--The term ``countermeasure'' means an 
     automated or a manual action with defensive intent to 
     mitigate cyber threats.
       (4) Cyber threat information.--The term ``cyber threat 
     information'' means information that indicates or describes--
       (A) a technical or operation vulnerability or a cyber 
     threat mitigation measure;
       (B) an action or operation to mitigate a cyber threat;
       (C) malicious reconnaissance, including anomalous patterns 
     of network activity that appear to be transmitted for the 
     purpose of gathering technical information related to a 
     cybersecurity threat;
       (D) a method of defeating a technical control;
       (E) a method of defeating an operational control;
       (F) network activity or protocols known to be associated 
     with a malicious cyber actor or that signify malicious cyber 
     intent;
       (G) a method of causing a user with legitimate access to an 
     information system or information that is stored on, 
     processed by, or transiting an information system to 
     inadvertently enable the defeat of a technical or operational 
     control;
       (H) any other attribute of a cybersecurity threat or cyber 
     defense information that would foster situational awareness 
     of the United States cybersecurity posture, if disclosure of 
     such attribute or information is not otherwise prohibited by 
     law;
       (I) the actual or potential harm caused by a cyber 
     incident, including information exfiltrated when it is 
     necessary in order to identify or describe a cybersecurity 
     threat; or
       (J) any combination of subparagraphs (A) through (I).
       (5) Cybersecurity center.--The term ``cybersecurity 
     center'' means the Department of Defense Cyber Crime Center, 
     the Intelligence Community Incident Response Center, the 
     United States Cyber Command Joint Operations Center, the 
     National Cyber Investigative Joint Task Force, the National 
     Security Agency/Central Security Service Threat Operations 
     Center, the National Cybersecurity and Communications 
     Integration Center, and any successor center.
       (6) Cybersecurity system.--The term ``cybersecurity 
     system'' means a system designed or employed to ensure the 
     integrity, confidentiality, or availability of, or to 
     safeguard, a system or network, including measures intended 
     to protect a system or network from--
       (A) efforts to degrade, disrupt, or destroy such system or 
     network; or
       (B) theft or misappropriations of private or government 
     information, intellectual property, or personally 
     identifiable information.
       (7) Entity.--
       (A) In general.--The term ``entity'' means any private 
     entity, non-Federal government agency or department, or 
     State, tribal, or local government agency or department 
     (including an officer, employee, or agent thereof).
       (B) Inclusions.--The term ``entity'' includes a government 
     agency or department (including an officer, employee, or 
     agent thereof) of the District of Columbia, the Commonwealth 
     of Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
     Northern Mariana Islands, and any other territory or 
     possession of the United States.
       (8) Federal information system.--The term ``Federal 
     information system'' means an information system of a Federal 
     department or agency used or operated by an executive agency, 
     by a contractor of an executive agency, or by another 
     organization on behalf of an executive agency.
       (9) Information security.--The term ``information 
     security'' means protecting information and information 
     systems from disruption or unauthorized access, use, 
     disclosure, modification, or destruction in order to 
     provide--
       (A) integrity, by guarding against improper information 
     modification or destruction, including by ensuring 
     information nonrepudiation and authenticity;
       (B) confidentiality, by preserving authorized restrictions 
     on access and disclosure, including means for protecting 
     personal privacy and proprietary information; or
       (C) availability, by ensuring timely and reliable access to 
     and use of information.
       (10) Information system.--The term ``information system'' 
     has the meaning given the term in section 3502 of title 44, 
     United States Code.
       (11) Local government.--The term ``local government'' means 
     any borough, city, county, parish, town, township, village, 
     or other general purpose political subdivision of a State.
       (12) Malicious reconnaissance.--The term ``malicious 
     reconnaissance'' means a method for actively probing or 
     passively monitoring an information system for the purpose of 
     discerning technical vulnerabilities of the information 
     system, if such method is associated with a known or 
     suspected cybersecurity threat.
       (13) Operational control.--The term ``operational control'' 
     means a security control for an information system that 
     primarily is implemented and executed by people.
       (14) Operational vulnerability.--The term ``operational 
     vulnerability'' means any attribute of policy, process, or 
     procedure that could enable or facilitate the defeat of an 
     operational control.
       (15) Private entity.--The term ``private entity'' means any 
     individual or any private group, organization, or 
     corporation, including an officer, employee, or agent 
     thereof.
       (16) Significant cyber incident.--The term ``significant 
     cyber incident'' means a cyber incident resulting in, or an 
     attempted

[[Page S5749]]

     cyber incident that, if successful, would have resulted in--
       (A) the exfiltration from a Federal information system of 
     data that is essential to the operation of the Federal 
     information system; or
       (B) an incident in which an operational or technical 
     control essential to the security or operation of a Federal 
     information system was defeated.
       (17) Technical control.--The term ``technical control'' 
     means a hardware or software restriction on, or audit of, 
     access or use of an information system or information that is 
     stored on, processed by, or transiting an information system 
     that is intended to ensure the confidentiality, integrity, or 
     availability of that system.
       (18) Technical vulnerability.--The term ``technical 
     vulnerability'' means any attribute of hardware or software 
     that could enable or facilitate the defeat of a technical 
     control.
       (19) Tribal.--The term ``tribal'' has the meaning given the 
     term ``Indian tribe'' in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).

     SEC. 102. AUTHORIZATION TO SHARE CYBER THREAT INFORMATION.

       (a) Voluntary Disclosure.--
       (1) Private entities.--Notwithstanding any other provision 
     of law, a private entity may, for the purpose of preventing, 
     investigating, or otherwise mitigating threats to information 
     security, on its own networks, or as authorized by another 
     entity, on such entity's networks, employ countermeasures and 
     use cybersecurity systems in order to obtain, identify, or 
     otherwise possess cyber threat information.
       (2) Entities.--Notwithstanding any other provision of law, 
     an entity may disclose cyber threat information to--
       (A) a cybersecurity center; or
       (B) any other entity in order to assist with preventing, 
     investigating, or otherwise mitigating threats to information 
     security.
       (3) Information security providers.--If the cyber threat 
     information described in paragraph (1) is obtained, 
     identified, or otherwise possessed in the course of providing 
     information security products or services under contract to 
     another entity, that entity shall be given, at any time prior 
     to disclosure of such information, a reasonable opportunity 
     to authorize or prevent such disclosure, to request 
     anonymization of such information, or to request that 
     reasonable efforts be made to safeguard such information that 
     identifies specific persons from unauthorized access or 
     disclosure.
       (b) Significant Cyber Incidents Involving Federal 
     Information Systems.--
       (1) In general.--An entity providing electronic 
     communication services, remote computing services, or 
     information security services to a Federal department or 
     agency shall inform the Federal department or agency of a 
     significant cyber incident involving the Federal information 
     system of that Federal department or agency that--
       (A) is directly known to the entity as a result of 
     providing such services;
       (B) is directly related to the provision of such services 
     by the entity; and
       (C) as determined by the entity, has impeded or will impede 
     the performance of a critical mission of the Federal 
     department or agency.
       (2) Advance coordination.--A Federal department or agency 
     receiving the services described in paragraph (1) shall 
     coordinate in advance with an entity described in paragraph 
     (1) to develop the parameters of any information that may be 
     provided under paragraph (1), including clarification of the 
     type of significant cyber incident that will impede the 
     performance of a critical mission of the Federal department 
     or agency.
       (3) Report.--A Federal department or agency shall report 
     information provided under this subsection to a cybersecurity 
     center.
       (4) Construction.--Any information provided to a 
     cybersecurity center under paragraph (3) shall be treated in 
     the same manner as information provided to a cybersecurity 
     center under subsection (a).
       (c) Information Shared With or Provided to a Cybersecurity 
     Center.--Cyber threat information provided to a cybersecurity 
     center under this section--
       (1) may be disclosed to, retained by, and used by, 
     consistent with otherwise applicable Federal law, any Federal 
     agency or department, component, officer, employee, or agent 
     of the Federal government for a cybersecurity purpose, a 
     national security purpose, or in order to prevent, 
     investigate, or prosecute any of the offenses listed in 
     section 2516 of title 18, United States Code, and such 
     information shall not be disclosed to, retained by, or used 
     by any Federal agency or department for any use not permitted 
     under this paragraph;
       (2) may, with the prior written consent of the entity 
     submitting such information, be disclosed to and used by a 
     State, tribal, or local government or government agency for 
     the purpose of protecting information systems, or in 
     furtherance of preventing, investigating, or prosecuting a 
     criminal act, except that if the need for immediate 
     disclosure prevents obtaining written consent, such consent 
     may be provided orally with subsequent documentation of such 
     consent;
       (3) shall be considered the commercial, financial, or 
     proprietary information of the entity providing such 
     information to the Federal government and any disclosure 
     outside the Federal government may only be made upon the 
     prior written consent by such entity and shall not constitute 
     a waiver of any applicable privilege or protection provided 
     by law, except that if the need for immediate disclosure 
     prevents obtaining written consent, such consent may be 
     provided orally with subsequent documentation of such 
     consent;
       (4) shall be deemed voluntarily shared information and 
     exempt from disclosure under section 552 of title 5, United 
     States Code, and any State, tribal, or local law requiring 
     disclosure of information or records;
       (5) shall be, without discretion, withheld from the public 
     under section 552(b)(3)(B) of title 5, United States Code, 
     and any State, tribal, or local law requiring disclosure of 
     information or records;
       (6) shall not be subject to the rules of any Federal agency 
     or department or any judicial doctrine regarding ex parte 
     communications with a decision-making official;
       (7) shall not, if subsequently provided to a State, tribal, 
     or local government or government agency, otherwise be 
     disclosed or distributed to any entity by such State, tribal, 
     or local government or government agency without the prior 
     written consent of the entity submitting such information, 
     notwithstanding any State, tribal, or local law requiring 
     disclosure of information or records, except that if the need 
     for immediate disclosure prevents obtaining written consent, 
     such consent may be provided orally with subsequent 
     documentation of such consent; and
       (8) shall not be directly used by any Federal, State, 
     tribal, or local department or agency to regulate the lawful 
     activities of an entity, including activities relating to 
     obtaining, identifying, or otherwise possessing cyber threat 
     information, except that the procedures required to be 
     developed and implemented under this title shall not be 
     considered regulations within the meaning of this paragraph.
       (d) Procedures Relating to Information Sharing With a 
     Cybersecurity Center.--Not later than 60 days after the date 
     of enactment of this Act, the heads of each department or 
     agency containing a cybersecurity center shall jointly 
     develop, promulgate, and submit to Congress procedures to 
     ensure that cyber threat information shared with or provided 
     to--
       (1) a cybersecurity center under this section--
       (A) may be submitted to a cybersecurity center by an 
     entity, to the greatest extent possible, through a uniform, 
     publicly available process or format that is easily 
     accessible on the website of such cybersecurity center, and 
     that includes the ability to provide relevant details about 
     the cyber threat information and written consent to any 
     subsequent disclosures authorized by this paragraph;
       (B) shall immediately be further shared with each 
     cybersecurity center in order to prevent, investigate, or 
     otherwise mitigate threats to information security across the 
     Federal government;
       (C) is handled by the Federal government in a reasonable 
     manner, including consideration of the need to protect the 
     privacy and civil liberties of individuals through 
     anonymization or other appropriate methods, while fully 
     accomplishing the objectives of this title, and the Federal 
     government may undertake efforts consistent with this 
     subparagraph to limit the impact on privacy and civil 
     liberties of the sharing of cyber threat information with the 
     Federal government; and
       (D) except as provided in this section, shall only be used, 
     disclosed, or handled in accordance with the provisions of 
     subsection (c); and
       (2) a Federal agency or department under subsection (b) is 
     provided immediately to a cybersecurity center in order to 
     prevent, investigate, or otherwise mitigate threats to 
     information security across the Federal government.
       (e) Information Shared Between Entities.--
       (1) In general.--An entity sharing cyber threat information 
     with another entity under this title may restrict the use or 
     sharing of such information by such other entity.
       (2) Further sharing.--Cyber threat information shared by 
     any entity with another entity under this title--
       (A) shall only be further shared in accordance with any 
     restrictions placed on the sharing of such information by the 
     entity authorizing such sharing, such as appropriate 
     anonymization of such information; and
       (B) may not be used by any entity to gain an unfair 
     competitive advantage to the detriment of the entity 
     authorizing the sharing of such information, except that the 
     conduct described in paragraph (3) shall not constitute 
     unfair competitive conduct.
       (3) Information shared with state, tribal, or local 
     government or government agency.--Cyber threat information 
     shared with a State, tribal, or local government or 
     government agency under this title--
       (A) may, with the prior written consent of the entity 
     sharing such information, be disclosed to and used by a 
     State, tribal, or local government or government agency for 
     the purpose of protecting information systems, or in 
     furtherance of preventing, investigating, or prosecuting a 
     criminal act, except if the need for immediate disclosure 
     prevents obtaining written consent, consent may be provided 
     orally with subsequent documentation of the consent;

[[Page S5750]]

       (B) shall be deemed voluntarily shared information and 
     exempt from disclosure under any State, tribal, or local law 
     requiring disclosure of information or records;
       (C) shall not be disclosed or distributed to any entity by 
     the State, tribal, or local government or government agency 
     without the prior written consent of the entity submitting 
     such information, notwithstanding any State, tribal, or local 
     law requiring disclosure of information or records, except if 
     the need for immediate disclosure prevents obtaining written 
     consent, consent may be provided orally with subsequent 
     documentation of the consent; and
       (D) shall not be directly used by any State, tribal, or 
     local department or agency to regulate the lawful activities 
     of an entity, including activities relating to obtaining, 
     identifying, or otherwise possessing cyber threat 
     information, except that the procedures required to be 
     developed and implemented under this title shall not be 
     considered regulations within the meaning of this 
     subparagraph.
       (4) Antitrust exemption.--The exchange or provision of 
     cyber threat information or assistance between 2 or more 
     private entities under this title shall not be considered a 
     violation of any provision of antitrust laws if exchanged or 
     provided in order to assist with--
       (A) facilitating the prevention, investigation, or 
     mitigation of threats to information security; or
       (B) communicating or disclosing of cyber threat information 
     to help prevent, investigate or otherwise mitigate the 
     effects of a threat to information security.
       (5) No right or benefit.--The provision of cyber threat 
     information to an entity under this section shall not create 
     a right or a benefit to similar information by such entity or 
     any other entity.
       (f) Federal Preemption.--
       (1) In general.--This section supersedes any statute or 
     other law of a State or political subdivision of a State that 
     restricts or otherwise expressly regulates an activity 
     authorized under this section.
       (2) State law enforcement.--Nothing in this section shall 
     be construed to supersede any statute or other law of a State 
     or political subdivision of a State concerning the use of 
     authorized law enforcement techniques.
       (3) Public disclosure.--No information shared with or 
     provided to a State, tribal, or local government or 
     government agency pursuant to this section shall be made 
     publicly available pursuant to any State, tribal, or local 
     law requiring disclosure of information or records.
       (g) Civil and Criminal Liability.--
       (1) General protections.--
       (A) Private entities.--No cause of action shall lie or be 
     maintained in any court against any private entity for--
       (i) the use of countermeasures and cybersecurity systems as 
     authorized by this title;
       (ii) the use, receipt, or disclosure of any cyber threat 
     information as authorized by this title; or
       (iii) the subsequent actions or inactions of any lawful 
     recipient of cyber threat information provided by such 
     private entity.
       (B) Entities.--No cause of action shall lie or be 
     maintained in any court against any entity for--
       (i) the use, receipt, or disclosure of any cyber threat 
     information as authorized by this title; or
       (ii) the subsequent actions or inactions of any lawful 
     recipient of cyber threat information provided by such 
     entity.
       (2) Construction.--Nothing in this subsection shall be 
     construed as creating any immunity against, or otherwise 
     affecting, any action brought by the Federal government, or 
     any agency or department thereof, to enforce any law, 
     executive order, or procedure governing the appropriate 
     handling, disclosure, and use of classified information.
       (h) Otherwise Lawful Disclosures.--Nothing in this section 
     shall be construed to limit or prohibit otherwise lawful 
     disclosures of communications, records, or other information 
     by a private entity to any other governmental or private 
     entity not covered under this section.
       (i) Whistleblower Protection.--Nothing in this Act shall be 
     construed to preempt or preclude any employee from exercising 
     rights currently provided under any whistleblower law, rule, 
     or regulation.
       (j) Relationship to Other Laws.--The submission of cyber 
     threat information under this section to a cybersecurity 
     center shall not affect any requirement under any other 
     provision of law for an entity to provide information to the 
     Federal government.

     SEC. 103. INFORMATION SHARING BY THE FEDERAL GOVERNMENT.

       (a) Classified Information.--
       (1) Procedures.--Consistent with the protection of 
     intelligence sources and methods, and as otherwise determined 
     appropriate, the Director of National Intelligence and the 
     Secretary of Defense, in consultation with the heads of the 
     appropriate Federal departments or agencies, shall develop 
     and promulgate procedures to facilitate and promote--
       (A) the immediate sharing, through the cybersecurity 
     centers, of classified cyber threat information in the 
     possession of the Federal government with appropriately 
     cleared representatives of any appropriate entity; and
       (B) the declassification and immediate sharing, through the 
     cybersecurity centers, with any entity or, if appropriate, 
     public availability of cyber threat information in the 
     possession of the Federal government;
       (2) Handling of classified information.--The procedures 
     developed under paragraph (1) shall ensure that each entity 
     receiving classified cyber threat information pursuant to 
     this section has acknowledged in writing the ongoing 
     obligation to comply with all laws, executive orders, and 
     procedures concerning the appropriate handling, disclosure, 
     or use of classified information.
       (b) Unclassified Cyber Threat Information.--The heads of 
     each department or agency containing a cybersecurity center 
     shall jointly develop and promulgate procedures that ensure 
     that, consistent with the provisions of this section, 
     unclassified, including controlled unclassified, cyber threat 
     information in the possession of the Federal government--
       (1) is shared, through the cybersecurity centers, in an 
     immediate and adequate manner with appropriate entities; and
       (2) if appropriate, is made publicly available.
       (c) Development of Procedures.--
       (1) In general.--The procedures developed under this 
     section shall incorporate, to the greatest extent possible, 
     existing processes utilized by sector specific information 
     sharing and analysis centers.
       (2) Coordination with entities.--In developing the 
     procedures required under this section, the Director of 
     National Intelligence and the heads of each department or 
     agency containing a cybersecurity center shall coordinate 
     with appropriate entities to ensure that protocols are 
     implemented that will facilitate and promote the sharing of 
     cyber threat information by the Federal government.
       (d) Additional Responsibilities of Cybersecurity Centers.--
     Consistent with section 102, a cybersecurity center shall--
       (1) facilitate information sharing, interaction, and 
     collaboration among and between cybersecurity centers and--
       (A) other Federal entities;
       (B) any entity; and
       (C) international partners, in consultation with the 
     Secretary of State;
       (2) disseminate timely and actionable cybersecurity threat, 
     vulnerability, mitigation, and warning information, including 
     alerts, advisories, indicators, signatures, and mitigation 
     and response measures, to improve the security and protection 
     of information systems; and
       (3) coordinate with other Federal entities, as appropriate, 
     to integrate information from across the Federal government 
     to provide situational awareness of the cybersecurity posture 
     of the United States.
       (e) Sharing Within the Federal Government.--The heads of 
     appropriate Federal departments and agencies shall ensure 
     that cyber threat information in the possession of such 
     Federal departments or agencies that relates to the 
     prevention, investigation, or mitigation of threats to 
     information security across the Federal government is shared 
     effectively with the cybersecurity centers.
       (f) Submission to Congress.--Not later than 60 days after 
     the date of enactment of this Act, the Director of National 
     Intelligence, in coordination with the appropriate head of a 
     department or an agency containing a cybersecurity center, 
     shall submit the procedures required by this section to 
     Congress.

     SEC. 104. CONSTRUCTION.

       (a) Information Sharing Relationships.--Nothing in this 
     title shall be construed--
       (1) to limit or modify an existing information sharing 
     relationship;
       (2) to prohibit a new information sharing relationship;
       (3) to require a new information sharing relationship 
     between any entity and the Federal government, except as 
     specified under section 102(b); or
       (4) to modify the authority of a department or agency of 
     the Federal government to protect sources and methods and the 
     national security of the United States.
       (b) Anti-tasking Restriction.--Nothing in this title shall 
     be construed to permit the Federal government--
       (1) to require an entity to share information with the 
     Federal government, except as expressly provided under 
     section 102(b); or
       (2) to condition the sharing of cyber threat information 
     with an entity on such entity's provision of cyber threat 
     information to the Federal government.
       (c) No Liability for Non-participation.--Nothing in this 
     title shall be construed to subject any entity to liability 
     for choosing not to engage in the voluntary activities 
     authorized under this title.
       (d) Use and Retention of Information.--Nothing in this 
     title shall be construed to authorize, or to modify any 
     existing authority of, a department or agency of the Federal 
     government to retain or use any information shared under 
     section 102 for any use other than a use permitted under 
     section 102(c)(1).
       (e) No New Funding.--An applicable Federal agency shall 
     carry out the provisions of this title with existing 
     facilities and funds otherwise available, through such means 
     as the head of the agency considers appropriate.

     SEC. 105. REPORT ON IMPLEMENTATION.

       (a) Content of Report.--Not later than 1 year after the 
     date of enactment of this Act, and biennially thereafter, the 
     heads of each department or agency containing a cybersecurity 
     center shall jointly submit, in coordination with the privacy 
     and civil liberties officials of such departments or agencies 
     and the Privacy and Civil Liberties Oversight

[[Page S5751]]

     Board, a detailed report to Congress concerning the 
     implementation of this title, including--
       (1) an assessment of the sufficiency of the procedures 
     developed under section 103 of this Act in ensuring that 
     cyber threat information in the possession of the Federal 
     government is provided in an immediate and adequate manner to 
     appropriate entities or, if appropriate, is made publicly 
     available;
       (2) an assessment of whether information has been 
     appropriately classified and an accounting of the number of 
     security clearances authorized by the Federal government for 
     purposes of this title;
       (3) a review of the type of cyber threat information shared 
     with a cybersecurity center under section 102 of this Act, 
     including whether such information meets the definition of 
     cyber threat information under section 101, the degree to 
     which such information may impact the privacy and civil 
     liberties of individuals, any appropriate metrics to 
     determine any impact of the sharing of such information with 
     the Federal government on privacy and civil liberties, and 
     the adequacy of any steps taken to reduce such impact;
       (4) a review of actions taken by the Federal government 
     based on information provided to a cybersecurity center under 
     section 102 of this Act, including the appropriateness of any 
     subsequent use under section 102(c)(1) of this Act and 
     whether there was inappropriate stovepiping within the 
     Federal government of any such information;
       (5) a description of any violations of the requirements of 
     this title by the Federal government;
       (6) a classified list of entities that received classified 
     information from the Federal government under section 103 of 
     this Act and a description of any indication that such 
     information may not have been appropriately handled;
       (7) a summary of any breach of information security, if 
     known, attributable to a specific failure by any entity or 
     the Federal government to act on cyber threat information in 
     the possession of such entity or the Federal government that 
     resulted in substantial economic harm or injury to a specific 
     entity or the Federal government; and
       (8) any recommendation for improvements or modifications to 
     the authorities under this title.
       (b) Form of Report.--The report under subsection (a) shall 
     be submitted in unclassified form, but shall include a 
     classified annex.

     SEC. 106. INSPECTOR GENERAL REVIEW.

       (a) In General.--The Council of the Inspectors General on 
     Integrity and Efficiency are authorized to review compliance 
     by the cybersecurity centers, and by any Federal department 
     or agency receiving cyber threat information from such 
     cybersecurity centers, with the procedures required under 
     section 102 of this Act.
       (b) Scope of Review.--The review under subsection (a) shall 
     consider whether the Federal government has handled such 
     cyber threat information in a reasonable manner, including 
     consideration of the need to protect the privacy and civil 
     liberties of individuals through anonymization or other 
     appropriate methods, while fully accomplishing the objectives 
     of this title.
       (c) Report to Congress.--Each review conducted under this 
     section shall be provided to Congress not later than 30 days 
     after the date of completion of the review.

     SEC. 107. TECHNICAL AMENDMENTS.

       Section 552(b) of title 5, United States Code, is amended--
       (1) in paragraph (8), by striking ``or'';
       (2) in paragraph (9), by striking ``wells.'' and inserting 
     ``wells; or''; and
       (3) by adding at the end the following:
       ``(10) information shared with or provided to a 
     cybersecurity center under section 102 of title I of the 
     Strengthening and Enhancing Cybersecurity by Using Research, 
     Education, Information, and Technology Act of 2012.''.

     SEC. 108. ACCESS TO CLASSIFIED INFORMATION.

       (a) Authorization Required.--No person shall be provided 
     with access to classified information (as defined in section 
     6.1 of Executive Order 13526 (50 U.S.C. 435 note; relating to 
     classified national security information)) relating to cyber 
     security threats or cyber security vulnerabilities under this 
     title without the appropriate security clearances.
       (b) Security Clearances.--The appropriate Federal agencies 
     or departments shall, consistent with applicable procedures 
     and requirements, and if otherwise deemed appropriate, assist 
     an individual in timely obtaining an appropriate security 
     clearance where such individual has been determined to be 
     eligible for such clearance and has a need-to-know (as 
     defined in section 6.1 of that Executive Order) classified 
     information to carry out this title.

     TITLE II--COORDINATION OF FEDERAL INFORMATION SECURITY POLICY

     SEC. 201. COORDINATION OF FEDERAL INFORMATION SECURITY 
                   POLICY.

       (a) In General.--Chapter 35 of title 44, United States 
     Code, is amended by striking subchapters II and III and 
     inserting the following:

                 ``SUBCHAPTER II--INFORMATION SECURITY

     ``Sec. 3551. Purposes

       ``The purposes of this subchapter are--
       ``(1) to provide a comprehensive framework for ensuring the 
     effectiveness of information security controls over 
     information resources that support Federal operations and 
     assets;
       ``(2) to recognize the highly networked nature of the 
     current Federal computing environment and provide effective 
     government-wide management of policies, directives, 
     standards, and guidelines, as well as effective and nimble 
     oversight of and response to information security risks, 
     including coordination of information security efforts 
     throughout the Federal civilian, national security, and law 
     enforcement communities;
       ``(3) to provide for development and maintenance of 
     controls required to protect agency information and 
     information systems and contribute to the overall improvement 
     of agency information security posture;
       ``(4) to provide for the development of tools and methods 
     to assess and respond to real-time situational risk for 
     Federal information system operations and assets; and
       ``(5) to provide a mechanism for improving agency 
     information security programs through continuous monitoring 
     of agency information systems and streamlined reporting 
     requirements rather than overly prescriptive manual 
     reporting.

     ``Sec. 3552. Definitions

       ``In this subchapter:
       ``(1) Adequate security.--The term `adequate security' 
     means security commensurate with the risk and magnitude of 
     the harm resulting from the unauthorized access to or loss, 
     misuse, destruction, or modification of information.
       ``(2) Agency.--The term `agency' has the meaning given the 
     term in section 3502 of title 44.
       ``(3) Cybersecurity center.--The term `cybersecurity 
     center' means the Department of Defense Cyber Crime Center, 
     the Intelligence Community Incident Response Center, the 
     United States Cyber Command Joint Operations Center, the 
     National Cyber Investigative Joint Task Force, the National 
     Security Agency/Central Security Service Threat Operations 
     Center, the National Cybersecurity and Communications 
     Integration Center, and any successor center.
       ``(4) Cyber threat information.--The term `cyber threat 
     information' means information that indicates or describes--
       ``(A) a technical or operation vulnerability or a cyber 
     threat mitigation measure;
       ``(B) an action or operation to mitigate a cyber threat;
       ``(C) malicious reconnaissance, including anomalous 
     patterns of network activity that appear to be transmitted 
     for the purpose of gathering technical information related to 
     a cybersecurity threat;
       ``(D) a method of defeating a technical control;
       ``(E) a method of defeating an operational control;
       ``(F) network activity or protocols known to be associated 
     with a malicious cyber actor or that signify malicious cyber 
     intent;
       ``(G) a method of causing a user with legitimate access to 
     an information system or information that is stored on, 
     processed by, or transiting an information system to 
     inadvertently enable the defeat of a technical or operational 
     control;
       ``(H) any other attribute of a cybersecurity threat or 
     cyber defense information that would foster situational 
     awareness of the United States cybersecurity posture, if 
     disclosure of such attribute or information is not otherwise 
     prohibited by law;
       ``(I) the actual or potential harm caused by a cyber 
     incident, including information exfiltrated when it is 
     necessary in order to identify or describe a cybersecurity 
     threat; or
       ``(J) any combination of subparagraphs (A) through (I).
       ``(5) Director.--The term `Director' means the Director of 
     the Office of Management and Budget unless otherwise 
     specified.
       ``(6) Environment of operation.--The term `environment of 
     operation' means the information system and environment in 
     which those systems operate, including changing threats, 
     vulnerabilities, technologies, and missions and business 
     practices.
       ``(7) Federal information system.--The term `Federal 
     information system' means an information system used or 
     operated by an executive agency, by a contractor of an 
     executive agency, or by another organization on behalf of an 
     executive agency.
       ``(8) Incident.--The term `incident' means an occurrence 
     that--
       ``(A) actually or imminently jeopardizes the integrity, 
     confidentiality, or availability of an information system or 
     the information that system controls, processes, stores, or 
     transmits; or
       ``(B) constitutes a violation of law or an imminent threat 
     of violation of a law, a security policy, a security 
     procedure, or an acceptable use policy.
       ``(9) Information resources.--The term `information 
     resources' has the meaning given the term in section 3502 of 
     title 44.
       ``(10) Information security.--The term `information 
     security' means protecting information and information 
     systems from disruption or unauthorized access, use, 
     disclosure, modification, or destruction in order to 
     provide--
       ``(A) integrity, by guarding against improper information 
     modification or destruction, including by ensuring 
     information nonrepudiation and authenticity;
       ``(B) confidentiality, by preserving authorized 
     restrictions on access and disclosure, including means for 
     protecting personal privacy and proprietary information; or
       ``(C) availability, by ensuring timely and reliable access 
     to and use of information.

[[Page S5752]]

       ``(11) Information system.--The term `information system' 
     has the meaning given the term in section 3502 of title 44.
       ``(12) Information technology.--The term `information 
     technology' has the meaning given the term in section 11101 
     of title 40.
       ``(13) Malicious reconnaissance.--The term `malicious 
     reconnaissance' means a method for actively probing or 
     passively monitoring an information system for the purpose of 
     discerning technical vulnerabilities of the information 
     system, if such method is associated with a known or 
     suspected cybersecurity threat.
       ``(14) National security system.--
       ``(A) In general.--The term `national security system' 
     means any information system (including any 
     telecommunications system) used or operated by an agency or 
     by a contractor of an agency, or other organization on behalf 
     of an agency--
       ``(i) the function, operation, or use of which--

       ``(I) involves intelligence 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) subject to subparagraph (B), is critical to the 
     direct fulfillment of military or intelligence missions; or

       ``(ii) is protected at all times by procedures established 
     for information that have been specifically authorized under 
     criteria established by an Executive Order or an Act of 
     Congress to be kept classified in the interest of national 
     defense or foreign policy.
       ``(B) Limitation.--Subparagraph (A)(i)(V) does not include 
     a system that is to be used for routine administrative and 
     business applications (including payroll, finance, logistics, 
     and personnel management applications).
       ``(15) Operational control.--The term `operational control' 
     means a security control for an information system that 
     primarily is implemented and executed by people.
       ``(16) Person.--The term `person' has the meaning given the 
     term in section 3502 of title 44.
       ``(17) Secretary.--The term `Secretary' means the Secretary 
     of Commerce unless otherwise specified.
       ``(18) Security control.--The term `security control' means 
     the management, operational, and technical controls, 
     including safeguards or countermeasures, prescribed for an 
     information system to protect the confidentiality, integrity, 
     and availability of the system and its information.
       ``(19) Significant cyber incident.--The term `significant 
     cyber incident' means a cyber incident resulting in, or an 
     attempted cyber incident that, if successful, would have 
     resulted in--
       ``(A) the exfiltration from a Federal information system of 
     data that is essential to the operation of the Federal 
     information system; or
       ``(B) an incident in which an operational or technical 
     control essential to the security or operation of a Federal 
     information system was defeated.
       ``(20) Technical control.--The term `technical control' 
     means a hardware or software restriction on, or audit of, 
     access or use of an information system or information that is 
     stored on, processed by, or transiting an information system 
     that is intended to ensure the confidentiality, integrity, or 
     availability of that system.

     ``Sec. 3553. Federal information security authority and 
       coordination

       ``(a) In General.--The Secretary, in consultation with the 
     Secretary of Homeland Security, shall--
       ``(1) issue compulsory and binding policies and directives 
     governing agency information security operations, and require 
     implementation of such policies and directives, including--
       ``(A) policies and directives consistent with the standards 
     and guidelines promulgated under section 11331 of title 40 to 
     identify and provide information security protections 
     prioritized and commensurate with the risk and impact 
     resulting from the unauthorized access, use, disclosure, 
     disruption, modification, or destruction of--
       ``(i) information collected or maintained by or on behalf 
     of an agency; or
       ``(ii) information systems used or operated by an agency or 
     by a contractor of an agency or other organization on behalf 
     of an agency;
       ``(B) minimum operational requirements for Federal 
     Government to protect agency information systems and provide 
     common situational awareness across all agency information 
     systems;
       ``(C) reporting requirements, consistent with relevant law, 
     regarding information security incidents and cyber threat 
     information;
       ``(D) requirements for agencywide information security 
     programs;
       ``(E) performance requirements and metrics for the security 
     of agency information systems;
       ``(F) training requirements to ensure that agencies are 
     able to fully and timely comply with the policies and 
     directives issued by the Secretary under this subchapter;
       ``(G) training requirements regarding privacy, civil 
     rights, and civil liberties, and information oversight for 
     agency information security personnel;
       ``(H) requirements for the annual reports to the Secretary 
     under section 3554(d);
       ``(I) any other information security operations or 
     information security requirements as determined by the 
     Secretary in coordination with relevant agency heads; and
       ``(J) coordinating the development of standards and 
     guidelines under section 20 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-3) with agencies 
     and offices operating or exercising control of national 
     security systems (including the National Security Agency) to 
     assure, to the maximum extent feasible, that such standards 
     and guidelines are complementary with standards and 
     guidelines developed for national security systems;
       ``(2) review the agencywide information security programs 
     under section 3554; and
       ``(3) designate an individual or an entity at each 
     cybersecurity center, among other responsibilities--
       ``(A) to receive reports and information about information 
     security incidents, cyber threat information, and 
     deterioration of security control affecting agency 
     information systems; and
       ``(B) to act on or share the information under subparagraph 
     (A) in accordance with this subchapter.
       ``(b) Considerations.--When issuing policies and directives 
     under subsection (a), the Secretary shall consider any 
     applicable standards or guidelines developed by the National 
     Institute of Standards and Technology under section 11331 of 
     title 40.
       ``(c) Limitation of Authority.--The authorities of the 
     Secretary under this section shall not apply to national 
     security systems. Information security policies, directives, 
     standards and guidelines for national security systems shall 
     be overseen as directed by the President and, in accordance 
     with that direction, carried out under the authority of the 
     heads of agencies that operate or exercise authority over 
     such national security systems.
       ``(d) Statutory Construction.--Nothing in this subchapter 
     shall be construed to alter or amend any law regarding the 
     authority of any head of an agency over such agency.

     ``Sec. 3554. Agency responsibilities

       ``(a) In General.--The head of each agency shall--
       ``(1) be responsible for--
       ``(A) complying with the policies and directives issued 
     under section 3553;
       ``(B) providing information security protections 
     commensurate with the risk resulting from unauthorized 
     access, use, disclosure, disruption, modification, or 
     destruction of--
       ``(i) information collected or maintained by the agency or 
     by a contractor of an agency or other organization on behalf 
     of an agency; and
       ``(ii) information systems used or operated by an agency or 
     by a contractor of an agency or other organization on behalf 
     of an agency;
       ``(C) complying with the requirements of this subchapter, 
     including--
       ``(i) information security standards and guidelines 
     promulgated under section 11331 of title 40;
       ``(ii) for any national security systems operated or 
     controlled by that agency, information security policies, 
     directives, standards and guidelines issued as directed by 
     the President; and
       ``(iii) for any non-national security systems operated or 
     controlled by that agency, information security policies, 
     directives, standards and guidelines issued under section 
     3553;
       ``(D) ensuring that information security management 
     processes are integrated with agency strategic and 
     operational planning processes;
       ``(E) reporting and sharing, for an agency operating or 
     exercising control of a national security system, information 
     about information security incidents, cyber threat 
     information, and deterioration of security controls to the 
     individual or entity designated at each cybersecurity center 
     and to other appropriate entities consistent with policies 
     and directives for national security systems issued as 
     directed by the President; and
       ``(F) reporting and sharing, for those agencies operating 
     or exercising control of non-national security systems, 
     information about information security incidents, cyber 
     threat information, and deterioration of security controls to 
     the individual or entity designated at each cybersecurity 
     center and to other appropriate entities consistent with 
     policies and directives for non-national security systems as 
     prescribed under section 3553(a), including information to 
     assist the entity designated under section 3555(a) with the 
     ongoing security analysis under section 3555;
       ``(2) ensure that each senior agency official provides 
     information security for the information and information 
     systems that support the operations and assets under the 
     senior agency official's control, including by--
       ``(A) assessing the risk and impact that could result from 
     the unauthorized access, use, disclosure, disruption, 
     modification, or destruction of such information or 
     information systems;
       ``(B) determining the level of information security 
     appropriate to protect such information and information 
     systems in accordance with policies and directives issued 
     under section 3553(a), and standards and guidelines 
     promulgated under section 11331 of title 40 for information 
     security classifications and related requirements;

[[Page S5753]]

       ``(C) implementing policies, procedures, and capabilities 
     to reduce risks to an acceptable level in a cost-effective 
     manner;
       ``(D) actively monitoring the effective implementation of 
     information security controls and techniques; and
       ``(E) reporting information about information security 
     incidents, cyber threat information, and deterioration of 
     security controls in a timely and adequate manner to the 
     entity designated under section 3553(a)(3) in accordance with 
     paragraph (1);
       ``(3) assess and maintain the resiliency of information 
     technology systems critical to agency mission and operations;
       ``(4) designate the agency Inspector General (or an 
     independent entity selected in consultation with the Director 
     and the Council of Inspectors General on Integrity and 
     Efficiency if the agency does not have an Inspector General) 
     to conduct the annual independent evaluation required under 
     section 3556, and allow the agency Inspector General to 
     contract with an independent entity to perform such 
     evaluation;
       ``(5) delegate to the Chief Information Officer or 
     equivalent (or to a senior agency official who reports to the 
     Chief Information Officer or equivalent)--
       ``(A) the authority and primary responsibility to implement 
     an agencywide information security program; and
       ``(B) the authority to provide information security for the 
     information collected and maintained by the agency (or by a 
     contractor, other agency, or other source on behalf of the 
     agency) and for the information systems that support the 
     operations, assets, and mission of the agency (including any 
     information system provided or managed by a contractor, other 
     agency, or other source on behalf of the agency);
       ``(6) delegate to the appropriate agency official (who is 
     responsible for a particular agency system or subsystem) the 
     responsibility to ensure and enforce compliance with all 
     requirements of the agency's agencywide information security 
     program in coordination with the Chief Information Officer or 
     equivalent (or the senior agency official who reports to the 
     Chief Information Officer or equivalent) under paragraph (5);
       ``(7) ensure that an agency has trained personnel who have 
     obtained any necessary security clearances to permit them to 
     assist the agency in complying with this subchapter;
       ``(8) ensure that the Chief Information Officer or 
     equivalent (or the senior agency official who reports to the 
     Chief Information Officer or equivalent) under paragraph (5), 
     in coordination with other senior agency officials, reports 
     to the agency head on the effectiveness of the agencywide 
     information security program, including the progress of any 
     remedial actions; and
       ``(9) ensure that the Chief Information Officer or 
     equivalent (or the senior agency official who reports to the 
     Chief Information Officer or equivalent) under paragraph (5) 
     has the necessary qualifications to administer the functions 
     described in this subchapter and has information security 
     duties as a primary duty of that official.
       ``(b) Chief Information Officers.--Each Chief Information 
     Officer or equivalent (or the senior agency official who 
     reports to the Chief Information Officer or equivalent) under 
     subsection (a)(5) shall--
       ``(1) establish and maintain an enterprise security 
     operations capability that on a continuous basis--
       ``(A) detects, reports, contains, mitigates, and responds 
     to information security incidents that impair adequate 
     security of the agency's information or information system in 
     a timely manner and in accordance with the policies and 
     directives under section 3553; and
       ``(B) reports any information security incident under 
     subparagraph (A) to the entity designated under section 3555;
       ``(2) develop, maintain, and oversee an agencywide 
     information security program;
       ``(3) develop, maintain, and oversee information security 
     policies, procedures, and control techniques to address 
     applicable requirements, including requirements under section 
     3553 of this title and section 11331 of title 40; and
       ``(4) train and oversee the agency personnel who have 
     significant responsibility for information security with 
     respect to that responsibility.
       ``(c) Agencywide Information Security Programs.--
       ``(1) In general.--Each agencywide information security 
     program under subsection (b)(2) shall include--
       ``(A) relevant security risk assessments, including 
     technical assessments and others related to the acquisition 
     process;
       ``(B) security testing commensurate with risk and impact;
       ``(C) mitigation of deterioration of security controls 
     commensurate with risk and impact;
       ``(D) risk-based continuous monitoring and threat 
     assessment of the operational status and security of agency 
     information systems to enable evaluation of the effectiveness 
     of and compliance with information security policies, 
     procedures, and practices, including a relevant and 
     appropriate selection of security controls of information 
     systems identified in the inventory under section 3505(c);
       ``(E) operation of appropriate technical capabilities in 
     order to detect, mitigate, report, and respond to information 
     security incidents, cyber threat information, and 
     deterioration of security controls in a manner that is 
     consistent with the policies and directives under section 
     3553, including--
       ``(i) mitigating risks associated with such information 
     security incidents;
       ``(ii) notifying and consulting with the entity designated 
     under section 3555; and
       ``(iii) notifying and consulting with, as appropriate--

       ``(I) law enforcement and the relevant Office of the 
     Inspector General; and
       ``(II) any other entity, in accordance with law and as 
     directed by the President;

       ``(F) a process to ensure that remedial action is taken to 
     address any deficiencies in the information security 
     policies, procedures, and practices of the agency; and
       ``(G) a plan and procedures to ensure the continuity of 
     operations for information systems that support the 
     operations and assets of the agency.
       ``(2) Risk management strategies.--Each agencywide 
     information security program under subsection (b)(2) shall 
     include the development and maintenance of a risk management 
     strategy for information security. The risk management 
     strategy shall include--
       ``(A) consideration of information security incidents, 
     cyber threat information, and deterioration of security 
     controls; and
       ``(B) consideration of the consequences that could result 
     from the unauthorized access, use, disclosure, disruption, 
     modification, or destruction of information and information 
     systems that support the operations and assets of the agency, 
     including any information system provided or managed by a 
     contractor, other agency, or other source on behalf of the 
     agency;
       ``(3) Policies and procedures.--Each agencywide information 
     security program under subsection (b)(2) shall include 
     policies and procedures that--
       ``(A) are based on the risk management strategy under 
     paragraph (2);
       ``(B) reduce information security risks to an acceptable 
     level in a cost-effective manner;
       ``(C) ensure that cost-effective and adequate information 
     security is addressed as part of the acquisition and ongoing 
     management of each agency information system; and
       ``(D) ensure compliance with--
       ``(i) this subchapter; and
       ``(ii) any other applicable requirements.
       ``(4) Training requirements.--Each agencywide information 
     security program under subsection (b)(2) shall include 
     information security, privacy, civil rights, civil liberties, 
     and information oversight training that meets any applicable 
     requirements under section 3553. The training shall inform 
     each information security personnel that has access to agency 
     information systems (including contractors and other users of 
     information systems that support the operations and assets of 
     the agency) of--
       ``(A) the information security risks associated with the 
     information security personnel's activities; and
       ``(B) the individual's responsibility to comply with the 
     agency policies and procedures that reduce the risks under 
     subparagraph (A).
       ``(d) Annual Report.--Each agency shall submit a report 
     annually to the Secretary of Homeland Security on its 
     agencywide information security program and information 
     systems.

     ``Sec. 3555. Multiagency ongoing threat assessment

       ``(a) Implementation.--The Director of the Office of 
     Management and Budget, in coordination with the Secretary of 
     Homeland Security, shall designate an entity to implement 
     ongoing security analysis concerning agency information 
     systems--
       ``(1) based on cyber threat information;
       ``(2) based on agency information system and environment of 
     operation changes, including--
       ``(A) an ongoing evaluation of the information system 
     security controls; and
       ``(B) the security state, risk level, and environment of 
     operation of an agency information system, including--
       ``(i) a change in risk level due to a new cyber threat;
       ``(ii) a change resulting from a new technology;
       ``(iii) a change resulting from the agency's mission; and
       ``(iv) a change resulting from the business practice; and
       ``(3) using automated processes to the maximum extent 
     possible--
       ``(A) to increase information system security;
       ``(B) to reduce paper-based reporting requirements; and
       ``(C) to maintain timely and actionable knowledge of the 
     state of the information system security.
       ``(b) Standards.--The National Institute of Standards and 
     Technology may promulgate standards, in coordination with the 
     Secretary of Homeland Security, to assist an agency with its 
     duties under this section.
       ``(c) Compliance.--The head of each appropriate department 
     and agency shall be responsible for ensuring compliance and 
     implementing necessary procedures to comply with this 
     section. The head of each appropriate department and agency, 
     in consultation with the Director of the Office of Management 
     and Budget and the Secretary of Homeland Security, shall--
       ``(1) monitor compliance under this section;

[[Page S5754]]

       ``(2) develop a timeline and implement for the department 
     or agency--
       ``(A) adoption of any technology, system, or method that 
     facilitates continuous monitoring and threat assessments of 
     an agency information system;
       ``(B) adoption or updating of any technology, system, or 
     method that prevents, detects, or remediates a significant 
     cyber incident to a Federal information system of the 
     department or agency that has impeded, or is reasonably 
     likely to impede, the performance of a critical mission of 
     the department or agency; and
       ``(C) adoption of any technology, system, or method that 
     satisfies a requirement under this section.
       ``(d) Limitation of Authority.--The authorities of the 
     Director of the Office of Management and Budget and of the 
     Secretary of Homeland Security under this section shall not 
     apply to national security systems.
       ``(e) Report.--Not later than 6 months after the date of 
     enactment of the Strengthening and Enhancing Cybersecurity by 
     Using Research, Education, Information, and Technology Act of 
     2012, the Government Accountability Office shall issue a 
     report evaluating each agency's status toward implementing 
     this section.

     ``Sec. 3556. Independent evaluations

       ``(a) In General.--The Council of the Inspectors General on 
     Integrity and Efficiency, in consultation with the Director 
     and the Secretary of Homeland Security, the Secretary of 
     Commerce, and the Secretary of Defense, shall issue and 
     maintain criteria for the timely, cost-effective, risk-based, 
     and independent evaluation of each agencywide information 
     security program (and practices) to determine the 
     effectiveness of the agencywide information security program 
     (and practices). The criteria shall include measures to 
     assess any conflicts of interest in the performance of the 
     evaluation and whether the agencywide information security 
     program includes appropriate safeguards against disclosure of 
     information where such disclosure may adversely affect 
     information security.
       ``(b) Annual Independent Evaluations.--Each agency shall 
     perform an annual independent evaluation of its agencywide 
     information security program (and practices) in accordance 
     with the criteria under subsection (a).
       ``(c) Distribution of Reports.--Not later than 30 days 
     after receiving an independent evaluation under subsection 
     (b), each agency head shall transmit a copy of the 
     independent evaluation to the Secretary of Homeland Security, 
     the Secretary of Commerce, and the Secretary of Defense.
       ``(d) National Security Systems.--Evaluations involving 
     national security systems shall be conducted as directed by 
     President.

     ``Sec. 3557. National security systems.

       ``The head of each agency operating or exercising control 
     of a national security system shall be responsible for 
     ensuring that the agency--
       ``(1) provides information security protections 
     commensurate with the risk and magnitude of the harm 
     resulting from the unauthorized access, use, disclosure, 
     disruption, modification, or destruction of the information 
     contained in such system; and
       ``(2) implements information security policies and 
     practices as required by standards and guidelines for 
     national security systems, issued in accordance with law and 
     as directed by the President.''.
       (b) Savings Provisions.--
       (1) Policy and compliance guidance.--Policy and compliance 
     guidance issued by the Director before the date of enactment 
     of this Act under section 3543(a)(1) of title 44, United 
     States Code (as in effect on the day before the date of 
     enactment of this Act), shall continue in effect, according 
     to its terms, until modified, terminated, superseded, or 
     repealed pursuant to section 3553(a)(1) of title 44, United 
     States Code.
       (2) Standards and guidelines.--Standards and guidelines 
     issued by the Secretary of Commerce or by the Director before 
     the date of enactment of this Act under section 11331(a)(1) 
     of title 40, United States Code, (as in effect on the day 
     before the date of enactment of this Act) shall continue in 
     effect, according to their terms, until modified, terminated, 
     superseded, or repealed pursuant to section 11331(a)(1) of 
     title 40, United States Code, as amended by this Act.
       (c) Technical and Conforming Amendments.--
       (1) Chapter analysis.--The chapter analysis for chapter 35 
     of title 44, United States Code, is amended--
       (A) by striking the items relating to sections 3531 through 
     3538;
       (B) by striking the items relating to sections 3541 through 
     3549; and
       (C) by inserting the following:

``3551. Purposes.
``3552. Definitions.
``3553. Federal information security authority and coordination.
``3554. Agency responsibilities.
``3555. Multiagency ongoing threat assessment.
``3556. Independent evaluations.
``3557. National security systems.''.
       (2) Other references.--
       (A) Section 1001(c)(1)(A) of the Homeland Security Act of 
     2002 (6 U.S.C. 511(1)(A)) is amended by striking ``section 
     3532(3)'' and inserting ``section 3552''.
       (B) Section 2222(j)(5) of title 10, United States Code, is 
     amended by striking ``section 3542(b)(2)'' and inserting 
     ``section 3552''.
       (C) Section 2223(c)(3) of title 10, United States Code, is 
     amended, by striking ``section 3542(b)(2)'' and inserting 
     ``section 3552''.
       (D) Section 2315 of title 10, United States Code, is 
     amended by striking ``section 3542(b)(2)'' and inserting 
     ``section 3552''.
       (E) Section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3) is amended--
       (i) in subsection (a)(2), by striking ``section 
     3532(b)(2)'' and inserting ``section 3552'';
       (ii) in subsection (c)(3), by striking ``Director of the 
     Office of Management and Budget'' and inserting ``Secretary 
     of Commerce'';
       (iii) in subsection (d)(1), by striking ``Director of the 
     Office of Management and Budget'' and inserting ``Secretary 
     of Commerce'';
       (iv) in subsection (d)(8) by striking ``Director of the 
     Office of Management and Budget'' and inserting ``Secretary 
     of Commerce'';
       (v) in subsection (d)(8), by striking ``submitted to the 
     Director'' and inserting ``submitted to the Secretary'';
       (vi) in subsection (e)(2), by striking ``section 3532(1) of 
     such title'' and inserting ``section 3552 of title 44''; and
       (vii) in subsection (e)(5), by striking ``section 
     3532(b)(2) of such title'' and inserting ``section 3552 of 
     title 44''.
       (F) Section 8(d)(1) of the Cyber Security Research and 
     Development Act (15 U.S.C. 7406(d)(1)) is amended by striking 
     ``section 3534(b)'' and inserting ``section 3554(b)(2)''.

     SEC. 202. MANAGEMENT OF INFORMATION TECHNOLOGY.

       (a) In General.--Section 11331 of title 40, United States 
     Code, is amended to read as follows:

     ``Sec. 11331. Responsibilities for Federal information 
       systems standards

       ``(a) Standards and Guidelines.--
       ``(1) Authority to prescribe.--Except as provided under 
     paragraph (2), the Secretary of Commerce shall prescribe 
     standards and guidelines pertaining to Federal information 
     systems--
       ``(A) in consultation with the Secretary of Homeland 
     Security; and
       ``(B) on the basis of standards and guidelines developed by 
     the National Institute of Standards and Technology under 
     paragraphs (2) and (3) of section 20(a) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278g-
     3(a)(2) and (a)(3)).
       ``(2) National security systems.--Standards and guidelines 
     for national security systems shall be developed, prescribed, 
     enforced, and overseen as otherwise authorized by law and as 
     directed by the President.
       ``(b) Mandatory Standards and Guidelines.--
       ``(1) Authority to make mandatory standards and 
     guidelines.--The Secretary of Commerce shall make standards 
     and guidelines under subsection (a)(1) compulsory and binding 
     to the extent determined necessary by the Secretary of 
     Commerce to improve the efficiency of operation or security 
     of Federal information systems.
       ``(2) Required mandatory standards and guidelines.--
       ``(A) In general.--Standards and guidelines under 
     subsection (a)(1) shall include information security 
     standards that--
       ``(i) provide minimum information security requirements as 
     determined under section 20(b) of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-3(b)); and
       ``(ii) are otherwise necessary to improve the security of 
     Federal information and information systems.
       ``(B) Binding effect.--Information security standards under 
     subparagraph (A) shall be compulsory and binding.
       ``(c) Exercise of Authority.--To ensure fiscal and policy 
     consistency, the Secretary of Commerce shall exercise the 
     authority conferred by this section subject to direction by 
     the President and in coordination with the Director.
       ``(d) Application of More Stringent Standards and 
     Guidelines.--The head of an executive agency may employ 
     standards for the cost-effective information security for 
     information systems within or under the supervision of that 
     agency that are more stringent than the standards and 
     guidelines the Secretary of Commerce prescribes under this 
     section if the more stringent standards and guidelines--
       ``(1) contain at least the applicable standards and 
     guidelines made compulsory and binding by the Secretary of 
     Commerce; and
       ``(2) are otherwise consistent with the policies, 
     directives, and implementation memoranda issued under section 
     3553(a) of title 44.
       ``(e) Decisions on Promulgation of Standards and 
     Guidelines.--The decision by the Secretary of Commerce 
     regarding the promulgation of any standard or guideline under 
     this section shall occur not later than 6 months after the 
     date of submission of the proposed standard to the Secretary 
     of Commerce by the National Institute of Standards and 
     Technology under section 20 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-3).
       ``(f) Notice and Comment.--A decision by the Secretary of 
     Commerce to significantly modify, or not promulgate, a 
     proposed standard submitted to the Secretary by the National 
     Institute of Standards and Technology under section 20 of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278g-3) shall be made after the public is given an 
     opportunity to comment on the Secretary's proposed decision.
       ``(g) Definitions.--In this section:
       ``(1) Federal information system.--The term `Federal 
     information system' has the meaning given the term in section 
     3552 of title 44.

[[Page S5755]]

       ``(2) Information security.--The term `information 
     security' has the meaning given the term in section 3552 of 
     title 44.
       ``(3) National security system.--The term `national 
     security system' has the meaning given the term in section 
     3552 of title 44.''.

     SEC. 203. NO NEW FUNDING.

       An applicable Federal agency shall carry out the provisions 
     of this title with existing facilities and funds otherwise 
     available, through such means as the head of the agency 
     considers appropriate.

     SEC. 204. TECHNICAL AND CONFORMING AMENDMENTS.

       Section 21(b) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-4(b)) is amended--
       (1) in paragraph (2), by striking ``and the Director of the 
     Office of Management and Budget'' and inserting ``, the 
     Secretary of Commerce, and the Secretary of Homeland 
     Security''; and
       (2) in paragraph (3), by inserting ``, the Secretary of 
     Homeland Security,'' after ``the Secretary of Commerce''.

     SEC. 205. CLARIFICATION OF AUTHORITIES.

       Nothing in this title shall be construed to convey any new 
     regulatory authority to any government entity implementing or 
     complying with any provision of this title.

                     TITLE III--CRIMINAL PENALTIES

     SEC. 301. PENALTIES FOR FRAUD AND RELATED ACTIVITY IN 
                   CONNECTION WITH COMPUTERS.

       Section 1030(c) of title 18, United States Code, is amended 
     to read as follows:
       ``(c) The punishment for an offense under subsection (a) or 
     (b) of this section is--
       ``(1) a fine under this title or imprisonment for not more 
     than 20 years, or both, in the case of an offense under 
     subsection (a)(1) of this section;
       ``(2)(A) except as provided in subparagraph (B), a fine 
     under this title or imprisonment for not more than 3 years, 
     or both, in the case of an offense under subsection (a)(2); 
     or
       ``(B) a fine under this title or imprisonment for not more 
     than ten years, or both, in the case of an offense under 
     subsection (a)(2) of this section, if--
       ``(i) the offense was committed for purposes of commercial 
     advantage or private financial gain;
       ``(ii) the offense was committed in the furtherance of any 
     criminal or tortious act in violation of the Constitution or 
     laws of the United States, or of any State; or
       ``(iii) the value of the information obtained, or that 
     would have been obtained if the offense was completed, 
     exceeds $5,000;
       ``(3) a fine under this title or imprisonment for not more 
     than 10 years, or both, in the case of an offense under 
     subsection (a)(3) of this section;
       ``(4) a fine under this title or imprisonment of not more 
     than 20 years, or both, in the case of an offense under 
     subsection (a)(4) of this section;
       ``(5)(A) except as provided in subparagraph (C), a fine 
     under this title, imprisonment for not more than 20 years, or 
     both, in the case of an offense under subsection (a)(5)(A) of 
     this section, if the offense caused--
       ``(i) loss to 1 or more persons during any 1-year period 
     (and, for purposes of an investigation, prosecution, or other 
     proceeding brought by the United States only, loss resulting 
     from a related course of conduct affecting 1 or more other 
     protected computers) aggregating at least $5,000 in value;
       ``(ii) the modification or impairment, or potential 
     modification or impairment, of the medical examination, 
     diagnosis, treatment, or care of 1 or more individuals;
       ``(iii) physical injury to any person;
       ``(iv) a threat to public health or safety;
       ``(v) damage affecting a computer used by, or on behalf of, 
     an entity of the United States Government in furtherance of 
     the administration of justice, national defense, or national 
     security; or
       ``(vi) damage affecting 10 or more protected computers 
     during any 1-year period;
       ``(B) a fine under this title, imprisonment for not more 
     than 20 years, or both, in the case of an offense under 
     subsection (a)(5)(B), if the offense caused a harm provided 
     in clause (i) through (vi) of subparagraph (A) of this 
     subsection;
       ``(C) if the offender attempts to cause or knowingly or 
     recklessly causes death from conduct in violation of 
     subsection (a)(5)(A), a fine under this title, imprisonment 
     for any term of years or for life, or both;
       ``(D) a fine under this title, imprisonment for not more 
     than 10 years, or both, for any other offense under 
     subsection (a)(5);
       ``(E) a fine under this title or imprisonment for not more 
     than 10 years, or both, in the case of an offense under 
     subsection (a)(6) of this section; or
       ``(F) a fine under this title or imprisonment for not more 
     than 10 years, or both, in the case of an offense under 
     subsection (a)(7) of this section.''.

     SEC. 302. TRAFFICKING IN PASSWORDS.

       Section 1030(a)(6) of title 18, United States Code, is 
     amended to read as follows:
       ``(6) knowingly and with intent to defraud traffics (as 
     defined in section 1029) in any password or similar 
     information or means of access through which a protected 
     computer (as defined in subparagraphs (A) and (B) of 
     subsection (e)(2)) may be accessed without authorization.''.

     SEC. 303. CONSPIRACY AND ATTEMPTED COMPUTER FRAUD OFFENSES.

       Section 1030(b) of title 18, United States Code, is amended 
     by inserting ``as if for the completed offense'' after 
     ``punished as provided''.

     SEC. 304. CRIMINAL AND CIVIL FORFEITURE FOR FRAUD AND RELATED 
                   ACTIVITY IN CONNECTION WITH COMPUTERS.

       Section 1030 of title 18, United States Code, is amended by 
     striking subsections (i) and (j) and inserting the following:
       ``(i) Criminal Forfeiture.--
       ``(1) The court, in imposing sentence on any person 
     convicted of a violation of this section, or convicted of 
     conspiracy to violate this section, shall order, in addition 
     to any other sentence imposed and irrespective of any 
     provision of State law, that such person forfeit to the 
     United States--
       ``(A) such persons interest in any property, real or 
     personal, that was used, or intended to be used, to commit or 
     facilitate the commission of such violation; and
       ``(B) any property, real or personal, constituting or 
     derived from any gross proceeds, or any property traceable to 
     such property, that such person obtained, directly or 
     indirectly, as a result of such violation.
       ``(2) The criminal forfeiture of property under this 
     subsection, including any seizure and disposition of the 
     property, and any related judicial or administrative 
     proceeding, shall be governed by the provisions of section 
     413 of the Comprehensive Drug Abuse Prevention and Control 
     Act of 1970 (21 U.S.C. 853), except subsection (d) of that 
     section.
       ``(j) Civil Forfeiture.--
       ``(1) The following shall be subject to forfeiture to the 
     United States and no property right, real or personal, shall 
     exist in them:
       ``(A) Any property, real or personal, that was used, or 
     intended to be used, to commit or facilitate the commission 
     of any violation of this section, or a conspiracy to violate 
     this section.
       ``(B) Any property, real or personal, constituting or 
     derived from any gross proceeds obtained directly or 
     indirectly, or any property traceable to such property, as a 
     result of the commission of any violation of this section, or 
     a conspiracy to violate this section.
       ``(2) Seizures and forfeitures under this subsection shall 
     be governed by the provisions in chapter 46 relating to civil 
     forfeitures, except that such duties as are imposed on the 
     Secretary of the Treasury under the customs laws described in 
     section 981(d) shall be performed by such officers, agents 
     and other persons as may be designated for that purpose by 
     the Secretary of Homeland Security or the Attorney 
     General.''.

     SEC. 305. DAMAGE TO CRITICAL INFRASTRUCTURE COMPUTERS.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by inserting after section 1030 the 
     following:

     ``Sec. 1030A. Aggravated damage to a critical infrastructure 
       computer

       ``(a) Definitions.--In this section--
       ``(1) the term `computer' has the meaning given the term in 
     section 1030;
       ``(2) the term `critical infrastructure computer' means a 
     computer that manages or controls systems or assets vital to 
     national defense, national security, national economic 
     security, public health or safety, or any combination of 
     those matters, whether publicly or privately owned or 
     operated, including--
       ``(A) oil and gas production, storage, conversion, and 
     delivery systems;
       ``(B) water supply systems;
       ``(C) telecommunication networks;
       ``(D) electrical power generation and delivery systems;
       ``(E) finance and banking systems;
       ``(F) emergency services;
       ``(G) transportation systems and services; and
       ``(H) government operations that provide essential services 
     to the public; and
       ``(3) the term `damage' has the meaning given the term in 
     section 1030.
       ``(b) Offense.--It shall be unlawful, during and in 
     relation to a felony violation of section 1030, to knowingly 
     cause or attempt to cause damage to a critical infrastructure 
     computer if the damage results in (or, in the case of an 
     attempt, if completed, would have resulted in) the 
     substantial impairment--
       ``(1) of the operation of the critical infrastructure 
     computer; or
       ``(2) of the critical infrastructure associated with the 
     computer.
       ``(c) Penalty.--Any person who violates subsection (b) 
     shall be--
       ``(1) fined under this title;
       ``(2) imprisoned for not less than 3 years but not more 
     than 20 years; or
       ``(3) penalized under paragraphs (1) and (2).
       ``(d) Consecutive Sentence.--Notwithstanding any other 
     provision of law--
       ``(1) a court shall not place on probation any person 
     convicted of a violation of this section;
       ``(2) except as provided in paragraph (4), no term of 
     imprisonment imposed on a person under this section shall run 
     concurrently with any other term of imprisonment, including 
     any term of imprisonment imposed on the person under any 
     other provision of law, including any term of imprisonment 
     imposed for a felony violation of section 1030;
       ``(3) in determining any term of imprisonment to be imposed 
     for a felony violation of section 1030, a court shall not in 
     any way reduce the term to be imposed for such crime so as to 
     compensate for, or otherwise take into account, any separate 
     term of imprisonment imposed or to be imposed for a violation 
     of this section; and
       ``(4) a term of imprisonment imposed on a person for a 
     violation of this section may, in the discretion of the 
     court, run concurrently, in whole or in part, only with 
     another term of imprisonment that is imposed by the

[[Page S5756]]

     court at the same time on that person for an additional 
     violation of this section, provided that such discretion 
     shall be exercised in accordance with any applicable 
     guidelines and policy statements issued by the United States 
     Sentencing Commission pursuant to section 994 of title 28.''.
       (b) Technical and Conforming Amendment.--The chapter 
     analysis for chapter 47 of title 18, United States Code, is 
     amended by inserting after the item relating to section 1030 
     the following:

``1030A. Aggravated damage to a critical infrastructure computer.''.

     SEC. 306. LIMITATION ON ACTIONS INVOLVING UNAUTHORIZED USE.

       Section 1030(e)(6) of title 18, United States Code, is 
     amended by striking ``alter;'' and inserting ``alter, but 
     does not include access in violation of a contractual 
     obligation or agreement, such as an acceptable use policy or 
     terms of service agreement, with an Internet service 
     provider, Internet website, or non-government employer, if 
     such violation constitutes the sole basis for determining 
     that access to a protected computer is unauthorized;''.

     SEC. 307. NO NEW FUNDING.

       An applicable Federal agency shall carry out the provisions 
     of this title with existing facilities and funds otherwise 
     available, through such means as the head of the agency 
     considers appropriate.

            TITLE IV--CYBERSECURITY RESEARCH AND DEVELOPMENT

     SEC. 401. NATIONAL HIGH-PERFORMANCE COMPUTING PROGRAM 
                   PLANNING AND COORDINATION.

       (a) Goals and Priorities.--Section 101 of the High-
     Performance Computing Act of 1991 (15 U.S.C. 5511) is amended 
     by adding at the end the following:
       ``(d) Goals and Priorities.--The goals and priorities for 
     Federal high-performance computing research, development, 
     networking, and other activities under subsection (a)(2)(A) 
     shall include--
       ``(1) encouraging and supporting mechanisms for 
     interdisciplinary research and development in networking and 
     information technology, including--
       ``(A) through collaborations across agencies;
       ``(B) through collaborations across Program Component 
     Areas;
       ``(C) through collaborations with industry;
       ``(D) through collaborations with institutions of higher 
     education;
       ``(E) through collaborations with Federal laboratories (as 
     defined in section 4 of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3703)); and
       ``(F) through collaborations with international 
     organizations;
       ``(2) addressing national, multi-agency, multi-faceted 
     challenges of national importance; and
       ``(3) fostering the transfer of research and development 
     results into new technologies and applications for the 
     benefit of society.''.
       (b) Development of Strategic Plan.--Section 101 of the 
     High-Performance Computing Act of 1991 (15 U.S.C. 5511) is 
     amended by adding at the end the following:
       ``(e) Strategic Plan.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Strengthening and Enhancing Cybersecurity by 
     Using Research, Education, Information, and Technology Act of 
     2012, the agencies under subsection (a)(3)(B), working 
     through the National Science and Technology Council and with 
     the assistance of the Office of Science and Technology Policy 
     shall develop a 5-year strategic plan to guide the activities 
     under subsection (a)(1).
       ``(2) Contents.--The strategic plan shall specify--
       ``(A) the near-term objectives for the Program;
       ``(B) the long-term objectives for the Program;
       ``(C) the anticipated time frame for achieving the near-
     term objectives;
       ``(D) the metrics that will be used to assess any progress 
     made toward achieving the near-term objectives and the long-
     term objectives; and
       ``(E) how the Program will achieve the goals and priorities 
     under subsection (d).
       ``(3) Implementation roadmap.--
       ``(A) In general.--The agencies under subsection (a)(3)(B) 
     shall develop and annually update an implementation roadmap 
     for the strategic plan.
       ``(B) Requirements.--The information in the implementation 
     roadmap shall be coordinated with the database under section 
     102(c) and the annual report under section 101(a)(3). The 
     implementation roadmap shall--
       ``(i) specify the role of each Federal agency in carrying 
     out or sponsoring research and development to meet the 
     research objectives of the strategic plan, including a 
     description of how progress toward the research objectives 
     will be evaluated, with consideration of any relevant 
     recommendations of the advisory committee;
       ``(ii) specify the funding allocated to each major research 
     objective of the strategic plan and the source of funding by 
     agency for the current fiscal year; and
       ``(iii) estimate the funding required for each major 
     research objective of the strategic plan for the next 3 
     fiscal years.
       ``(4) Recommendations.--The agencies under subsection 
     (a)(3)(B) shall take into consideration when developing the 
     strategic plan under paragraph (1) the recommendations of--
       ``(A) the advisory committee under subsection (b); and
       ``(B) the stakeholders under section 102(a)(3).
       ``(5) Report to congress.--The Director of the Office of 
     Science and Technology Policy shall transmit the strategic 
     plan under this subsection, including the implementation 
     roadmap and any updates under paragraph (3), to--
       ``(A) the advisory committee under subsection (b);
       ``(B) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(C) the Committee on Science and Technology of the House 
     of Representatives.''.
       (c) Periodic Reviews.--Section 101 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5511) is amended by adding 
     at the end the following:
       ``(f) Periodic Reviews.--The agencies under subsection 
     (a)(3)(B) shall--
       ``(1) periodically assess the contents and funding levels 
     of the Program Component Areas and restructure the Program 
     when warranted, taking into consideration any relevant 
     recommendations of the advisory committee under subsection 
     (b); and
       ``(2) ensure that the Program includes national, multi-
     agency, multi-faceted research and development activities, 
     including activities described in section 104.''.
       (d) Additional Responsibilities of Director.--Section 
     101(a)(2) of the High-Performance Computing Act of 1991 (15 
     U.S.C. 5511(a)(2)) is amended--
       (1) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (G) and (H), respectively; and
       (2) by inserting after subparagraph (D) the following:
       ``(E) encourage and monitor the efforts of the agencies 
     participating in the Program to allocate the level of 
     resources and management attention necessary--
       ``(i) to ensure that the strategic plan under subsection 
     (e) is developed and executed effectively; and
       ``(ii) to ensure that the objectives of the Program are 
     met;
       ``(F) working with the Office of Management and Budget and 
     in coordination with the creation of the database under 
     section 102(c), direct the Office of Science and Technology 
     Policy and the agencies participating in the Program to 
     establish a mechanism (consistent with existing law) to track 
     all ongoing and completed research and development projects 
     and associated funding;''.
       (e) Advisory Committee.--Section 101(b) of the High-
     Performance Computing Act of 1991 (15 U.S.C. 5511(b)) is 
     amended--
       (1) in paragraph (1)--
       (A) by inserting after the first sentence the following: 
     ``The co-chairs of the advisory committee shall meet the 
     qualifications of committee members and may be members of the 
     Presidents Council of Advisors on Science and Technology.''; 
     and
       (B) by striking ``high-performance'' in subparagraph (D) 
     and inserting ``high-end''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) In addition to the duties under paragraph (1), the 
     advisory committee shall conduct periodic evaluations of the 
     funding, management, coordination, implementation, and 
     activities of the Program. The advisory committee shall 
     report its findings and recommendations not less frequently 
     than once every 3 fiscal years to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Science and Technology of the House of Representatives. 
     The report shall be submitted in conjunction with the update 
     of the strategic plan.''.
       (f) Report.--Section 101(a)(3) of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5511(a)(3)) is amended--
       (1) in subparagraph (C)--
       (A) by striking ``is submitted,'' and inserting ``is 
     submitted, the levels for the previous fiscal year,''; and
       (B) by striking ``each Program Component Area'' and 
     inserting ``each Program Component Area and each research 
     area supported in accordance with section 104'';
       (2) in subparagraph (D)--
       (A) by striking ``each Program Component Area,'' and 
     inserting ``each Program Component Area and each research 
     area supported in accordance with section 104,'';
       (B) by striking ``is submitted,'' and inserting ``is 
     submitted, the levels for the previous fiscal year,''; and
       (C) by striking ``and'' after the semicolon;
       (3) by redesignating subparagraph (E) as subparagraph (G); 
     and
       (4) by inserting after subparagraph (D) the following:
       ``(E) include a description of how the objectives for each 
     Program Component Area, and the objectives for activities 
     that involve multiple Program Component Areas, relate to the 
     objectives of the Program identified in the strategic plan 
     under subsection (e);
       ``(F) include--
       ``(i) a description of the funding required by the Office 
     of Science and Technology Policy to perform the functions 
     under subsections (a) and (c) of section 102 for the next 
     fiscal year by category of activity;
       ``(ii) a description of the funding required by the Office 
     of Science and Technology Policy to perform the functions 
     under subsections (a) and (c) of section 102 for the current 
     fiscal year by category of activity; and
       ``(iii) the amount of funding provided for the Office of 
     Science and Technology Policy for the current fiscal year by 
     each agency participating in the Program; and''.

[[Page S5757]]

       (g) Definitions.--Section 4 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5503) is amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (2) by redesignating paragraph (3) as paragraph (6);
       (3) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively;
       (4) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) `cyber-physical systems' means physical or engineered 
     systems whose networking and information technology functions 
     and physical elements are deeply integrated and are actively 
     connected to the physical world through sensors, actuators, 
     or other means to perform monitoring and control 
     functions;'';
       (5) in paragraph (3), as redesignated, by striking ``high-
     performance computing'' and inserting ``networking and 
     information technology'';
       (6) in paragraph (6), as redesignated--
       (A) by striking ``high-performance computing'' and 
     inserting ``networking and information technology''; and
       (B) by striking ``supercomputer'' and inserting ``high-end 
     computing'';
       (7) in paragraph (5), by striking ``network referred to 
     as'' and all that follows through the semicolon and inserting 
     ``network, including advanced computer networks of Federal 
     agencies and departments''; and
       (8) in paragraph (7), as redesignated, by striking 
     ``National High-Performance Computing Program'' and inserting 
     ``networking and information technology research and 
     development program''.

     SEC. 402. RESEARCH IN AREAS OF NATIONAL IMPORTANCE.

       (a) Research in Areas of National Importance.--Title I of 
     the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 104. RESEARCH IN AREAS OF NATIONAL IMPORTANCE.

       ``(a) In General.--The Program shall encourage agencies 
     under section 101(a)(3)(B) to support, maintain, and improve 
     national, multi-agency, multi-faceted, research and 
     development activities in networking and information 
     technology directed toward application areas that have the 
     potential for significant contributions to national economic 
     competitiveness and for other significant societal benefits.
       ``(b) Technical Solutions.--An activity under subsection 
     (a) shall be designed to advance the development of research 
     discoveries by demonstrating technical solutions to important 
     problems in areas including--
       ``(1) cybersecurity;
       ``(2) health care;
       ``(3) energy management and low-power systems and devices;
       ``(4) transportation, including surface and air 
     transportation;
       ``(5) cyber-physical systems;
       ``(6) large-scale data analysis and modeling of physical 
     phenomena;
       ``(7) large scale data analysis and modeling of behavioral 
     phenomena;
       ``(8) supply chain quality and security; and
       ``(9) privacy protection and protected disclosure of 
     confidential data.
       ``(c) Recommendations.--The advisory committee under 
     section 101(b) shall make recommendations to the Program for 
     candidate research and development areas for support under 
     this section.
       ``(d) Characteristics.--
       ``(1) In general.--Research and development activities 
     under this section--
       ``(A) shall include projects selected on the basis of 
     applications for support through a competitive, merit-based 
     process;
       ``(B) shall leverage, when possible, Federal investments 
     through collaboration with related State initiatives;
       ``(C) shall include a plan for fostering the transfer of 
     research discoveries and the results of technology 
     demonstration activities, including from institutions of 
     higher education and Federal laboratories, to industry for 
     commercial development;
       ``(D) shall involve collaborations among researchers in 
     institutions of higher education and industry; and
       ``(E) may involve collaborations among nonprofit research 
     institutions and Federal laboratories, as appropriate.
       ``(2) Cost-sharing.--In selecting applications for support, 
     the agencies under section 101(a)(3)(B) shall give special 
     consideration to projects that include cost sharing from non-
     Federal sources.
       ``(3) Multidisciplinary research centers.--Research and 
     development activities under this section shall be supported 
     through multidisciplinary research centers, including Federal 
     laboratories, that are organized to investigate basic 
     research questions and carry out technology demonstration 
     activities in areas described in subsection (a). Research may 
     be carried out through existing multidisciplinary centers, 
     including those authorized under section 7024(b)(2) of the 
     America COMPETES Act (42 U.S.C. 1862o-10(2)).''.
       (b) Cyber-Physical Systems.--Section 101(a)(1) of the High-
     Performance Computing Act of 1991 (15 U.S.C. 5511(a)(1)) is 
     amended--
       (1) in subparagraph (H), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (I), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(J) provide for increased understanding of the scientific 
     principles of cyber-physical systems and improve the methods 
     available for the design, development, and operation of 
     cyber-physical systems that are characterized by high 
     reliability, safety, and security; and
       ``(K) provide for research and development on human-
     computer interactions, visualization, and big data.''.
       (c) Task Force.--Title I of the High-Performance Computing 
     Act of 1991 (15 U.S.C. 5511 et seq.), as amended by section 
     402(a) of this Act, is amended by adding at the end the 
     following:

     ``SEC. 105. TASK FORCE.

       ``(a) Establishment.--Not later than 180 days after the 
     date of enactment the Strengthening and Enhancing 
     Cybersecurity by Using Research, Education, Information, and 
     Technology Act of 2012, the Director of the Office of Science 
     and Technology Policy under section 102 shall convene a task 
     force to explore mechanisms for carrying out collaborative 
     research and development activities for cyber-physical 
     systems (including the related technologies required to 
     enable these systems) through a consortium or other 
     appropriate entity with participants from institutions of 
     higher education, Federal laboratories, and industry.
       ``(b) Functions.--The task force shall--
       ``(1) develop options for a collaborative model and an 
     organizational structure for such entity under which the 
     joint research and development activities could be planned, 
     managed, and conducted effectively, including mechanisms for 
     the allocation of resources among the participants in such 
     entity for support of such activities;
       ``(2) propose a process for developing a research and 
     development agenda for such entity, including guidelines to 
     ensure an appropriate scope of work focused on nationally 
     significant challenges and requiring collaboration and to 
     ensure the development of related scientific and 
     technological milestones;
       ``(3) define the roles and responsibilities for the 
     participants from institutions of higher education, Federal 
     laboratories, and industry in such entity;
       ``(4) propose guidelines for assigning intellectual 
     property rights and for transferring research results to the 
     private sector; and
       ``(5) make recommendations for how such entity could be 
     funded from Federal, State, and non-governmental sources.
       ``(c) Composition.--In establishing the task force under 
     subsection (a), the Director of the Office of Science and 
     Technology Policy shall appoint an equal number of 
     individuals from institutions of higher education and from 
     industry with knowledge and expertise in cyber-physical 
     systems, and may appoint not more than 2 individuals from 
     Federal laboratories.
       ``(d) Report.--Not later than 1 year after the date of 
     enactment of the Strengthening and Enhancing Cybersecurity by 
     Using Research, Education, Information, and Technology Act of 
     2012, the Director of the Office of Science and Technology 
     Policy shall transmit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Science 
     and Technology of the House of Representatives a report 
     describing the findings and recommendations of the task 
     force.
       ``(e) Termination.--The task force shall terminate upon 
     transmittal of the report required under subsection (d).
       ``(f) Compensation and Expenses.--Members of the task force 
     shall serve without compensation.''.

     SEC. 403. PROGRAM IMPROVEMENTS.

       Section 102 of the High-Performance Computing Act of 1991 
     (15 U.S.C. 5512) is amended to read as follows:

     ``SEC. 102. PROGRAM IMPROVEMENTS.

       ``(a) Functions.--The Director of the Office of Science and 
     Technology Policy shall continue--
       ``(1) to provide technical and administrative support to--
       ``(A) the agencies participating in planning and 
     implementing the Program, including support needed to develop 
     the strategic plan under section 101(e); and
       ``(B) the advisory committee under section 101(b);
       ``(2) to serve as the primary point of contact on Federal 
     networking and information technology activities for 
     government agencies, academia, industry, professional 
     societies, State computing and networking technology 
     programs, interested citizen groups, and others to exchange 
     technical and programmatic information;
       ``(3) to solicit input and recommendations from a wide 
     range of stakeholders during the development of each 
     strategic plan under section 101(e) by convening at least 1 
     workshop with invitees from academia, industry, Federal 
     laboratories, and other relevant organizations and 
     institutions;
       ``(4) to conduct public outreach, including the 
     dissemination of the advisory committee's findings and 
     recommendations, as appropriate;
       ``(5) to promote access to and early application of the 
     technologies, innovations, and expertise derived from Program 
     activities to agency missions and systems across the Federal 
     Government and to United States industry;
       ``(6) to ensure accurate and detailed budget reporting of 
     networking and information technology research and 
     development investment; and
       ``(7) to encourage agencies participating in the Program to 
     use existing programs and

[[Page S5758]]

     resources to strengthen networking and information technology 
     education and training, and increase participation in such 
     fields, including by women and underrepresented minorities.
       ``(b) Source of Funding.--
       ``(1) In general.--The functions under this section shall 
     be supported by funds from each agency participating in the 
     Program.
       ``(2) Specifications.--The portion of the total budget of 
     the Office of Science and Technology Policy that is provided 
     by each agency participating in the Program for each fiscal 
     year shall be in the same proportion as each agency's share 
     of the total budget for the Program for the previous fiscal 
     year, as specified in the database under section 102(c).
       ``(c) Database.--
       ``(1) In general.--The Director of the Office of Science 
     and Technology Policy shall develop and maintain a database 
     of projects funded by each agency for the fiscal year for 
     each Program Component Area.
       ``(2) Public accessibility.--The Director of the Office of 
     Science and Technology Policy shall make the database 
     accessible to the public.
       ``(3) Database contents.--The database shall include, for 
     each project in the database--
       ``(A) a description of the project;
       ``(B) each agency, industry, institution of higher 
     education, Federal laboratory, or international institution 
     involved in the project;
       ``(C) the source funding of the project (set forth by 
     agency);
       ``(D) the funding history of the project; and
       ``(E) whether the project has been completed.''.

     SEC. 404. IMPROVING EDUCATION OF NETWORKING AND INFORMATION 
                   TECHNOLOGY, INCLUDING HIGH PERFORMANCE 
                   COMPUTING.

       Section 201(a) of the High-Performance Computing Act of 
     1991 (15 U.S.C. 5521(a)) is amended--
       (1) by redesignating paragraphs (2) through (4) as 
     paragraphs (3) through (5), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) the National Science Foundation shall use its 
     existing programs, in collaboration with other agencies, as 
     appropriate, to improve the teaching and learning of 
     networking and information technology at all levels of 
     education and to increase participation in networking and 
     information technology fields;''.

     SEC. 405. CONFORMING AND TECHNICAL AMENDMENTS TO THE HIGH-
                   PERFORMANCE COMPUTING ACT OF 1991.

       (a) Section 3.--Section 3 of the High-Performance Computing 
     Act of 1991 (15 U.S.C. 5502) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``high-performance computing'' and inserting ``networking and 
     information technology'';
       (2) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``high-performance computing'' and inserting ``networking and 
     information technology'';
       (B) in subparagraphs (A), (F), and (G), by striking ``high-
     performance computing'' each place it appears and inserting 
     ``networking and information technology''; and
       (C) in subparagraph (H), by striking ``high-performance'' 
     and inserting ``high-end''; and
       (3) in paragraph (2)--
       (A) by striking ``high-performance computing and'' and 
     inserting ``networking and information technology, and''; and
       (B) by striking ``high-performance computing network'' and 
     inserting ``networking and information technology''.
       (b) Title Heading.--The heading of title I of the High-
     Performance Computing Act of 1991 (105 Stat. 1595) is amended 
     by striking ``HIGH-PERFORMANCE COMPUTING'' and inserting 
     ``NETWORKING AND INFORMATION TECHNOLOGY''.
       (c) Section 101.--Section 101 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5511) is amended--
       (1) in the section heading, by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technology research and development'';
       (2) in subsection (a)--
       (A) in the subsection heading, by striking ``National High-
     Performance Computing'' and inserting ``Networking and 
     Information Technology Research and Development'';
       (B) in paragraph (1)--
       (i) by striking ``National High-Performance Computing 
     Program'' and inserting ``networking and information 
     technology research and development program'';
       (ii) in subparagraph (A), by striking ``high-performance 
     computing, including networking'' and inserting ``networking 
     and information technology'';
       (iii) in subparagraphs (B) and (G), by striking ``high-
     performance'' each place it appears and inserting ``high-
     end''; and
       (iv) in subparagraph (C), by striking ``high-performance 
     computing and networking'' and inserting ``high-end 
     computing, distributed, and networking''; and
       (C) in paragraph (2)--
       (i) in subparagraphs (A) and (C)--

       (I) by striking ``high-performance computing'' each place 
     it appears and inserting ``networking and information 
     technology''; and
       (II) by striking ``development, networking,'' each place it 
     appears and inserting ``development,''; and

       (ii) in subparagraphs (G) and (H), as redesignated by 
     section 401(d) of this Act, by striking ``high-performance'' 
     each place it appears and inserting ``high-end'';
       (3) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by striking ``high-performance computing'' 
     each place it appears and inserting ``networking and 
     information technology''; and
       (4) in subsection (c)(1)(A), by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technology''.
       (d) Section 201.--Section 201(a)(1) of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5521(a)(1)) is amended by 
     striking ``high-performance computing and advanced high-speed 
     computer networking'' and inserting ``networking and 
     information technology research and development''.
       (e) Section 202.--Section 202(a) of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5522(a)) is amended by 
     striking ``high-performance computing'' and inserting 
     ``networking and information technology''.
       (f) Section 203.--Section 203(a) of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5523(a)) is amended--
       (1) in paragraph (1), by striking ``high-performance 
     computing and networking'' and inserting ``networking and 
     information technology''; and
       (2) in paragraph (2)(A), by striking ``high-performance'' 
     and inserting ``high-end''.
       (g) Section 204.--Section 204 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5524) is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (A), by striking ``high-performance 
     computing systems and networks'' and inserting ``networking 
     and information technology systems and capabilities'';
       (B) in subparagraph (B), by striking ``interoperability of 
     high-performance computing systems in networks and for common 
     user interfaces to systems'' and inserting ``interoperability 
     and usability of networking and information technology 
     systems''; and
       (C) in subparagraph (C), by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technology''; and
       (2) in subsection (b)--
       (A) by striking ``High-Performance Computing and Network'' 
     in the heading and inserting ``Networking and Information 
     Technology''; and
       (B) by striking ``sensitive''.
       (h) Section 205.--Section 205(a) of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5525(a)) is amended by 
     striking ``computational'' and inserting ``networking and 
     information technology''.
       (i) Section 206.--Section 206(a) of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5526(a)) is amended by 
     striking ``computational research'' and inserting 
     ``networking and information technology research''.
       (j) Section 207.--Section 207 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5527) is amended by striking 
     ``high-performance computing'' and inserting ``networking and 
     information technology''.
       (k) Section 208.--Section 208 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5528) is amended--
       (1) in the section heading, by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technology''; and
       (2) in subsection (a)--
       (A) in paragraph (1), by striking ``High-performance 
     computing and associated'' and inserting ``Networking and 
     information'';
       (B) in paragraph (2), by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technologies'';
       (C) in paragraph (3), by striking ``high-performance'' and 
     inserting ``high-end'';
       (D) in paragraph (4), by striking ``high-performance 
     computers and associated'' and inserting ``networking and 
     information''; and
       (E) in paragraph (5), by striking ``high-performance 
     computing and associated'' and inserting ``networking and 
     information''.

     SEC. 406. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.

       (a) In General.--The Director of the National Science 
     Foundation, in coordination with the Secretary of Homeland 
     Security, shall carry out a Federal cyber scholarship-for-
     service program to recruit and train the next generation of 
     information technology professionals and security managers to 
     meet the needs of the cybersecurity mission for the Federal 
     government.
       (b) Program Description and Components.--The program 
     shall--
       (1) annually assess the workforce needs of the Federal 
     government for cybersecurity professionals, including network 
     engineers, software engineers, and other experts in order to 
     determine how many scholarships should be awarded annually to 
     ensure that the workforce needs following graduation match 
     the number of scholarships awarded;
       (2) provide scholarships for up to 1,000 students per year 
     in their pursuit of undergraduate or graduate degrees in the 
     cybersecurity field, in an amount that may include coverage 
     for full tuition, fees, and a stipend;
       (3) require each scholarship recipient, as a condition of 
     receiving a scholarship under the program, to serve in a 
     Federal information technology workforce for a period equal 
     to one and one-half times each year, or partial year, of 
     scholarship received, in addition to an internship in the 
     cybersecurity field, if applicable, following graduation;
       (4) provide a procedure for the National Science Foundation 
     or a Federal agency, consistent with regulations of the 
     Office of

[[Page S5759]]

     Personnel Management, to request and fund a security 
     clearance for a scholarship recipient, including providing 
     for clearance during a summer internship and upon graduation; 
     and
       (5) provide opportunities for students to receive temporary 
     appointments for meaningful employment in the Federal 
     information technology workforce during school vacation 
     periods and for internships.
       (c) Hiring Authority.--
       (1) In general.--For purposes of any law or regulation 
     governing the appointment of an individual in the Federal 
     civil service, upon the successful completion of the 
     student's studies, a student receiving a scholarship under 
     the program may--
       (A) be hired under section 213.3102(r) of title 5, Code of 
     Federal Regulations; and
       (B) be exempt from competitive service.
       (2) Competitive service.--Upon satisfactory fulfillment of 
     the service term under paragraph (1), an individual may be 
     converted to a competitive service position without 
     competition if the individual meets the requirements for that 
     position.
       (d) Eligibility.--The eligibility requirements for a 
     scholarship under this section shall include that a 
     scholarship applicant--
       (1) be a citizen of the United States;
       (2) be eligible to be granted a security clearance;
       (3) maintain a grade point average of 3.2 or above on a 4.0 
     scale for undergraduate study or a 3.5 or above on a 4.0 
     scale for postgraduate study;
       (4) demonstrate a commitment to a career in improving the 
     security of the information infrastructure; and
       (5) has demonstrated a level of proficiency in math or 
     computer sciences.
       (e) Failure to Complete Service Obligation.--
       (1) In general.--A scholarship recipient under this section 
     shall be liable to the United States under paragraph (2) if 
     the scholarship recipient--
       (A) fails to maintain an acceptable level of academic 
     standing in the educational institution in which the 
     individual is enrolled, as determined by the Director;
       (B) is dismissed from such educational institution for 
     disciplinary reasons;
       (C) withdraws from the program for which the award was made 
     before the completion of such program;
       (D) declares that the individual does not intend to fulfill 
     the service obligation under this section;
       (E) fails to fulfill the service obligation of the 
     individual under this section; or
       (F) loses a security clearance or becomes ineligible for a 
     security clearance.
       (2) Repayment amounts.--
       (A) Less than 1 year of service.--If a circumstance under 
     paragraph (1) occurs before the completion of 1 year of a 
     service obligation under this section, the total amount of 
     awards received by the individual under this section shall be 
     repaid.
       (B) One or more years of service.--If a circumstance 
     described in subparagraph (D) or (E) of paragraph (1) occurs 
     after the completion of 1 year of a service obligation under 
     this section, the total amount of scholarship awards received 
     by the individual under this section, reduced by the ratio of 
     the number of years of service completed divided by the 
     number of years of service required, shall be repaid.
       (f) Evaluation and Report.--The Director of the National 
     Science Foundation shall--
       (1) evaluate the success of recruiting individuals for 
     scholarships under this section and of hiring and retaining 
     those individuals in the public sector workforce, including 
     the annual cost and an assessment of how the program actually 
     improves the Federal workforce; and
       (2) periodically report the findings under paragraph (1) to 
     Congress.
       (g) Authorization of Appropriations.--From amounts made 
     available under section 503 of the America COMPETES 
     Reauthorization Act of 2010 (124 Stat. 4005), the Director 
     may use funds to carry out the requirements of this section 
     for fiscal years 2012 through 2013.

     SEC. 407. STUDY AND ANALYSIS OF CERTIFICATION AND TRAINING OF 
                   INFORMATION INFRASTRUCTURE PROFESSIONALS.

       (a) Study.--The President shall enter into an agreement 
     with the National Academies to conduct a comprehensive study 
     of government, academic, and private-sector accreditation, 
     training, and certification programs for personnel working in 
     information infrastructure. The agreement shall require the 
     National Academies to consult with sector coordinating 
     councils and relevant governmental agencies, regulatory 
     entities, and nongovernmental organizations in the course of 
     the study.
       (b) Scope.--The study shall include--
       (1) an evaluation of the body of knowledge and various 
     skills that specific categories of personnel working in 
     information infrastructure should possess in order to secure 
     information systems;
       (2) an assessment of whether existing government, academic, 
     and private-sector accreditation, training, and certification 
     programs provide the body of knowledge and various skills 
     described in paragraph (1);
       (3) an analysis of any barriers to the Federal Government 
     recruiting and hiring cybersecurity talent, including 
     barriers relating to compensation, the hiring process, job 
     classification, and hiring flexibility; and
       (4) an analysis of the sources and availability of 
     cybersecurity talent, a comparison of the skills and 
     expertise sought by the Federal Government and the private 
     sector, an examination of the current and future capacity of 
     United States institutions of higher education, including 
     community colleges, to provide current and future 
     cybersecurity professionals, through education and training 
     activities, with those skills sought by the Federal 
     Government, State and local entities, and the private sector.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the National Academies shall submit to 
     the President and Congress a report on the results of the 
     study. The report shall include--
       (1) findings regarding the state of information 
     infrastructure accreditation, training, and certification 
     programs, including specific areas of deficiency and 
     demonstrable progress; and
       (2) recommendations for the improvement of information 
     infrastructure accreditation, training, and certification 
     programs.

     SEC. 408. INTERNATIONAL CYBERSECURITY TECHNICAL STANDARDS.

       (a) In General.--The Director of the National Institute of 
     Standards and Technology, in coordination with appropriate 
     Federal authorities, shall--
       (1) as appropriate, ensure coordination of Federal agencies 
     engaged in the development of international technical 
     standards related to information system security; and
       (2) not later than 1 year after the date of enactment of 
     this Act, develop and transmit to Congress a plan for 
     ensuring such Federal agency coordination.
       (b) Consultation With the Private Sector.--In carrying out 
     the activities under subsection (a)(1), the Director shall 
     ensure consultation with appropriate private sector 
     stakeholders.

     SEC. 409. IDENTITY MANAGEMENT RESEARCH AND DEVELOPMENT.

       The Director of the National Institute of Standards and 
     Technology shall continue a program to support the 
     development of technical standards, metrology, testbeds, and 
     conformance criteria, taking into account appropriate user 
     concerns--
       (1) to improve interoperability among identity management 
     technologies;
       (2) to strengthen authentication methods of identity 
     management systems;
       (3) to improve privacy protection in identity management 
     systems, including health information technology systems, 
     through authentication and security protocols; and
       (4) to improve the usability of identity management 
     systems.

     SEC. 410. FEDERAL CYBERSECURITY RESEARCH AND DEVELOPMENT.

       (a) National Science Foundation Computer and Network 
     Security Research Grant Areas.--Section 4(a)(1) of the Cyber 
     Security Research and Development Act (15 U.S.C. 7403(a)(1)) 
     is amended--
       (1) in subparagraph (H), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (I), by striking ``property.'' and 
     inserting ``property;''; and
       (3) by adding at the end the following:
       ``(J) secure fundamental protocols that are at the heart of 
     inter-network communications and data exchange;
       ``(K) system security that addresses the building of secure 
     systems from trusted and untrusted components;
       ``(L) monitoring and detection; and
       ``(M) resiliency and rapid recovery methods.''.
       (b) National Science Foundation Computer and Network 
     Security Grants.--Section 4(a)(3) of the Cyber Security 
     Research and Development Act (15 U.S.C. 7403(a)(3)) is 
     amended--
       (1) in subparagraph (D), by striking ``and'';
       (2) in subparagraph (E), by striking ``2007.'' and 
     inserting ``2007;''; and
       (3) by adding at the end the following:
       ``(F) such funds from amounts made available under section 
     503 of the America COMPETES Reauthorization Act of 2010 (124 
     Stat. 4005), as the Director finds necessary to carry out the 
     requirements of this subsection for fiscal years 2012 through 
     2013.''.
       (c) Computer and Network Security Centers.--Section 4(b)(7) 
     of the Cyber Security Research and Development Act (15 U.S.C. 
     7403(b)(7)) is amended--
       (1) in subparagraph (D), by striking ``and'';
       (2) in subparagraph (E), by striking ``2007.'' and 
     inserting ``2007;''; and
       (3) by adding at the end the following:
       ``(F) such funds from amounts made available under section 
     503 of the America COMPETES Reauthorization Act of 2010 (124 
     Stat. 4005), as the Director finds necessary to carry out the 
     requirements of this subsection for fiscal years 2012 through 
     2013.''.
       (d) Computer and Network Security Capacity Building 
     Grants.--Section 5(a)(6) of the Cyber Security Research and 
     Development Act (15 U.S.C. 7404(a)(6)) is amended--
       (1) in subparagraph (D), by striking ``and'';
       (2) in subparagraph (E), by striking ``2007.'' and 
     inserting ``2007;''; and
       (3) by adding at the end the following:
       ``(F) such funds from amounts made available under section 
     503 of the America COMPETES Reauthorization Act of 2010 (124 
     Stat. 4005), as the Director finds necessary to carry out the 
     requirements of this subsection for fiscal years 2012 through 
     2013.''.
       (e) Scientific and Advanced Technology Act Grants.--Section 
     5(b)(2) of the Cyber Security Research and Development Act 
     (15 U.S.C. 7404(b)(2)) is amended--
       (1) in subparagraph (D), by striking ``and'';
       (2) in subparagraph (E), by striking ``2007.'' and 
     inserting ``2007;''; and

[[Page S5760]]

       (3) by adding at the end the following:
       ``(F) such funds from amounts made available under section 
     503 of the America COMPETES Reauthorization Act of 2010 (124 
     Stat. 4005), as the Director finds necessary to carry out the 
     requirements of this subsection for fiscal years 2012 through 
     2013.''.
       (f) Graduate Traineeships in Computer and Network Security 
     Research.--Section 5(c)(7) of the Cyber Security Research and 
     Development Act (15 U.S.C. 7404(c)(7)) is amended--
       (1) in subparagraph (D), by striking ``and'';
       (2) in subparagraph (E), by striking ``2007.'' and 
     inserting ``2007;''; and
       (3) by adding at the end the following:
       ``(F) such funds from amounts made available under section 
     503 of the America COMPETES Reauthorization Act of 2010 (124 
     Stat. 4005), as the Director finds necessary to carry out the 
     requirements of this subsection for fiscal years 2012 through 
     2013.''.
                                 ______
                                 
  SA 2693. Mr. COATS submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       On page 118, line 16, insert ``, including legal and 
     behavioral impediments to deployment of proven security 
     policies'' before the semicolon.
                                 ______
                                 
  SA 2694. Mr. COATS submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       On page 118, line 25, strike ``and'' and all that follows 
     through page 119, line 2, and insert the following:
       (7) affiliation with existing research programs of the 
     Federal Government;
       (8) demonstrated expertise in cybersecurity law, including 
     the legal impediments to adoption of proven security 
     processes; and
       (9) demonstrated expertise in social and behavioral 
     research that can assist in developing policies and 
     incentives to help protect against cyber attacks.
                                 ______
                                 
  SA 2695. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NOTICE REQUIRED PRIOR TO TRANSFER OF CERTAIN 
                   INDIVIDUALS DETAINED AT THE DETENTION FACILITY 
                   AT PARWAN, AFGHANISTAN.

       (a) Notice Required.--The Secretary of Defense shall submit 
     to the appropriate congressional committees notice in writing 
     of the proposed transfer of any individual detained pursuant 
     to the Authorization for Use of Military Force (Public Law 
     107-40; 50 U.S.C. 1541 note) who is a national of a country 
     other than the United States or Afghanistan from detention at 
     the Detention Facility at Parwan, Afghanistan, to the custody 
     of the Government of Afghanistan or of any other country. 
     Such notice shall be provided not later than 10 days before 
     such a transfer may take place.
       (b) Additional Assessments and Certifications.--As part of 
     the notice required under subsection (a), the Secretary shall 
     include the following:
       (1) In the case of the proposed transfer of such an 
     individual by reason of the individual being released, an 
     assessment of the threat posed by the individual and the 
     security environment of the country to which the individual 
     is to be transferred.
       (2) In the case of the proposed transfer of such an 
     individual to a country other than Afghanistan for the 
     purpose of the prosecution of the individual, a certification 
     that an assessment has been conducted regarding the capacity, 
     willingness, and historical track record of the country with 
     respect to prosecuting similar cases, including a description 
     of the evidence against the individual that is likely to be 
     admissible as part of the prosecution.
       (3) In the case of the proposed transfer of such an 
     individual for reintegration or rehabilitation in a country 
     other than Afghanistan, a certification that an assessment 
     has been conducted regarding the capacity, willingness, and 
     historical track record of the country for reintegrating or 
     rehabilitating similar individuals.
       (4) In the case of the proposed transfer of such an 
     individual to the custody of the government of Afghanistan 
     for prosecution or detention, a certification that an 
     assessment has been conducted regarding the capacity, 
     willingness, and historical track record of Afghanistan to 
     prosecute or detain long-term such individuals.
       (c) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services and the Committee on 
     Foreign Affairs of the House of Representatives; and
       (2) the Committee on Armed Services and the Committee on 
     Foreign Relations of the Senate.
                                 ______
                                 
  SA 2696. Mr. McCAIN (for himself, Mrs. Hutchison, Mr. Chambliss, Mr. 
Grassley, Ms. Murkowski, Mr. Coats, Mr. Burr, and Mr. Johnson of 
Wisconsin) submitted an amendment intended to be proposed by him to the 
bill S. 3414, to enhance the security and resiliency of the cyber and 
communications infrastructure of the United States; which was ordered 
to lie on the table; as follows:

       Beginning on page 1, strike line 4 and all that follows and 
     insert the following:
       (a) Short Title.--This Act may be cited as the 
     ``Strengthening and Enhancing Cybersecurity by Using 
     Research, Education, Information, and Technology Act of 
     2012'' or ``SECURE IT''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

       TITLE I--FACILITATING SHARING OF CYBER THREAT INFORMATION

Sec. 101. Definitions.
Sec. 102. Authorization to share cyber threat information.
Sec. 103. Information sharing by the Federal government.
Sec. 104. Construction.
Sec. 105. Report on implementation.
Sec. 106. Inspector General review.
Sec. 107. Technical amendments.
Sec. 108. Access to classified information.

     TITLE II--COORDINATION OF FEDERAL INFORMATION SECURITY POLICY

Sec. 201. Coordination of Federal information security policy.
Sec. 202. Management of information technology.
Sec. 203. No new funding.
Sec. 204. Technical and conforming amendments.
Sec. 205. Clarification of authorities.

                     TITLE III--CRIMINAL PENALTIES

Sec. 301. Penalties for fraud and related activity in connection with 
              computers.
Sec. 302. Trafficking in passwords.
Sec. 303. Conspiracy and attempted computer fraud offenses.
Sec. 304. Criminal and civil forfeiture for fraud and related activity 
              in connection with computers.
Sec. 305. Damage to critical infrastructure computers.
Sec. 306. Limitation on actions involving unauthorized use.
Sec. 307. No new funding.

            TITLE IV--CYBERSECURITY RESEARCH AND DEVELOPMENT

Sec. 401. National High-Performance Computing Program planning and 
              coordination.
Sec. 402. Research in areas of national importance.
Sec. 403. Program improvements.
Sec. 404. Improving education of networking and information technology, 
              including high performance computing.
Sec. 405. Conforming and technical amendments to the High-Performance 
              Computing Act of 1991.
Sec. 406. Federal cyber scholarship-for-service program.
Sec. 407. Study and analysis of certification and training of 
              information infrastructure professionals.
Sec. 408. International cybersecurity technical standards.
Sec. 409. Identity management research and development.
Sec. 410. Federal cybersecurity research and development.

       TITLE I--FACILITATING SHARING OF CYBER THREAT INFORMATION

     SEC. 101. DEFINITIONS.

       In this title:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 3502 of title 44, United States Code.
       (2) Antitrust laws.--The term ``antitrust laws''--
       (A) has the meaning given the term in section 1(a) of the 
     Clayton Act (15 U.S.C. 12(a));
       (B) includes section 5 of the Federal Trade Commission Act 
     (15 U.S.C. 45) to the extent that section 5 of that Act 
     applies to unfair methods of competition; and
       (C) includes any State law that has the same intent and 
     effect as the laws under subparagraphs (A) and (B).
       (3) Countermeasure.--The term ``countermeasure'' means an 
     automated or a manual action with defensive intent to 
     mitigate cyber threats.
       (4) Cyber threat information.--The term ``cyber threat 
     information'' means information that indicates or describes--
       (A) a technical or operation vulnerability or a cyber 
     threat mitigation measure;
       (B) an action or operation to mitigate a cyber threat;
       (C) malicious reconnaissance, including anomalous patterns 
     of network activity that appear to be transmitted for the 
     purpose of gathering technical information related to a 
     cybersecurity threat;
       (D) a method of defeating a technical control;
       (E) a method of defeating an operational control;
       (F) network activity or protocols known to be associated 
     with a malicious cyber actor or that signify malicious cyber 
     intent;
       (G) a method of causing a user with legitimate access to an 
     information system or information that is stored on, 
     processed by, or transiting an information system to 
     inadvertently enable the defeat of a technical or operational 
     control;

[[Page S5761]]

       (H) any other attribute of a cybersecurity threat or cyber 
     defense information that would foster situational awareness 
     of the United States cybersecurity posture, if disclosure of 
     such attribute or information is not otherwise prohibited by 
     law;
       (I) the actual or potential harm caused by a cyber 
     incident, including information exfiltrated when it is 
     necessary in order to identify or describe a cybersecurity 
     threat; or
       (J) any combination of subparagraphs (A) through (I).
       (5) Cybersecurity center.--The term ``cybersecurity 
     center'' means the Department of Defense Cyber Crime Center, 
     the Intelligence Community Incident Response Center, the 
     United States Cyber Command Joint Operations Center, the 
     National Cyber Investigative Joint Task Force, the National 
     Security Agency/Central Security Service Threat Operations 
     Center, the National Cybersecurity and Communications 
     Integration Center, and any successor center.
       (6) Cybersecurity system.--The term ``cybersecurity 
     system'' means a system designed or employed to ensure the 
     integrity, confidentiality, or availability of, or to 
     safeguard, a system or network, including measures intended 
     to protect a system or network from--
       (A) efforts to degrade, disrupt, or destroy such system or 
     network; or
       (B) theft or misappropriations of private or government 
     information, intellectual property, or personally 
     identifiable information.
       (7) Entity.--
       (A) In general.--The term ``entity'' means any private 
     entity, non-Federal government agency or department, or 
     State, tribal, or local government agency or department 
     (including an officer, employee, or agent thereof).
       (B) Inclusions.--The term ``entity'' includes a government 
     agency or department (including an officer, employee, or 
     agent thereof) of the District of Columbia, the Commonwealth 
     of Puerto Rico, the Virgin Islands, Guam, American Samoa, the 
     Northern Mariana Islands, and any other territory or 
     possession of the United States.
       (8) Federal information system.--The term ``Federal 
     information system'' means an information system of a Federal 
     department or agency used or operated by an executive agency, 
     by a contractor of an executive agency, or by another 
     organization on behalf of an executive agency.
       (9) Information security.--The term ``information 
     security'' means protecting information and information 
     systems from disruption or unauthorized access, use, 
     disclosure, modification, or destruction in order to 
     provide--
       (A) integrity, by guarding against improper information 
     modification or destruction, including by ensuring 
     information nonrepudiation and authenticity;
       (B) confidentiality, by preserving authorized restrictions 
     on access and disclosure, including means for protecting 
     personal privacy and proprietary information; or
       (C) availability, by ensuring timely and reliable access to 
     and use of information.
       (10) Information system.--The term ``information system'' 
     has the meaning given the term in section 3502 of title 44, 
     United States Code.
       (11) Local government.--The term ``local government'' means 
     any borough, city, county, parish, town, township, village, 
     or other general purpose political subdivision of a State.
       (12) Malicious reconnaissance.--The term ``malicious 
     reconnaissance'' means a method for actively probing or 
     passively monitoring an information system for the purpose of 
     discerning technical vulnerabilities of the information 
     system, if such method is associated with a known or 
     suspected cybersecurity threat.
       (13) Operational control.--The term ``operational control'' 
     means a security control for an information system that 
     primarily is implemented and executed by people.
       (14) Operational vulnerability.--The term ``operational 
     vulnerability'' means any attribute of policy, process, or 
     procedure that could enable or facilitate the defeat of an 
     operational control.
       (15) Private entity.--The term ``private entity'' means any 
     individual or any private group, organization, or 
     corporation, including an officer, employee, or agent 
     thereof.
       (16) Significant cyber incident.--The term ``significant 
     cyber incident'' means a cyber incident resulting in, or an 
     attempted cyber incident that, if successful, would have 
     resulted in--
       (A) the exfiltration from a Federal information system of 
     data that is essential to the operation of the Federal 
     information system; or
       (B) an incident in which an operational or technical 
     control essential to the security or operation of a Federal 
     information system was defeated.
       (17) Technical control.--The term ``technical control'' 
     means a hardware or software restriction on, or audit of, 
     access or use of an information system or information that is 
     stored on, processed by, or transiting an information system 
     that is intended to ensure the confidentiality, integrity, or 
     availability of that system.
       (18) Technical vulnerability.--The term ``technical 
     vulnerability'' means any attribute of hardware or software 
     that could enable or facilitate the defeat of a technical 
     control.
       (19) Tribal.--The term ``tribal'' has the meaning given the 
     term ``Indian tribe'' in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).

     SEC. 102. AUTHORIZATION TO SHARE CYBER THREAT INFORMATION.

       (a) Voluntary Disclosure.--
       (1) Private entities.--Notwithstanding any other provision 
     of law, a private entity may, for the purpose of preventing, 
     investigating, or otherwise mitigating threats to information 
     security, on its own networks, or as authorized by another 
     entity, on such entity's networks, employ countermeasures and 
     use cybersecurity systems in order to obtain, identify, or 
     otherwise possess cyber threat information.
       (2) Entities.--Notwithstanding any other provision of law, 
     an entity may disclose cyber threat information to--
       (A) a cybersecurity center; or
       (B) any other entity in order to assist with preventing, 
     investigating, or otherwise mitigating threats to information 
     security.
       (3) Information security providers.--If the cyber threat 
     information described in paragraph (1) is obtained, 
     identified, or otherwise possessed in the course of providing 
     information security products or services under contract to 
     another entity, that entity shall be given, at any time prior 
     to disclosure of such information, a reasonable opportunity 
     to authorize or prevent such disclosure, to request 
     anonymization of such information, or to request that 
     reasonable efforts be made to safeguard such information that 
     identifies specific persons from unauthorized access or 
     disclosure.
       (b) Significant Cyber Incidents Involving Federal 
     Information Systems.--
       (1) In general.--An entity providing electronic 
     communication services, remote computing services, or 
     information security services to a Federal department or 
     agency shall inform the Federal department or agency of a 
     significant cyber incident involving the Federal information 
     system of that Federal department or agency that--
       (A) is directly known to the entity as a result of 
     providing such services;
       (B) is directly related to the provision of such services 
     by the entity; and
       (C) as determined by the entity, has impeded or will impede 
     the performance of a critical mission of the Federal 
     department or agency.
       (2) Advance coordination.--A Federal department or agency 
     receiving the services described in paragraph (1) shall 
     coordinate in advance with an entity described in paragraph 
     (1) to develop the parameters of any information that may be 
     provided under paragraph (1), including clarification of the 
     type of significant cyber incident that will impede the 
     performance of a critical mission of the Federal department 
     or agency.
       (3) Report.--A Federal department or agency shall report 
     information provided under this subsection to a cybersecurity 
     center.
       (4) Construction.--Any information provided to a 
     cybersecurity center under paragraph (3) shall be treated in 
     the same manner as information provided to a cybersecurity 
     center under subsection (a).
       (c) Information Shared With or Provided to a Cybersecurity 
     Center.--Cyber threat information provided to a cybersecurity 
     center under this section--
       (1) may be disclosed to, retained by, and used by, 
     consistent with otherwise applicable Federal law, any Federal 
     agency or department, component, officer, employee, or agent 
     of the Federal government for a cybersecurity purpose, a 
     national security purpose, or in order to prevent, 
     investigate, or prosecute any of the offenses listed in 
     section 2516 of title 18, United States Code, and such 
     information shall not be disclosed to, retained by, or used 
     by any Federal agency or department for any use not permitted 
     under this paragraph;
       (2) may, with the prior written consent of the entity 
     submitting such information, be disclosed to and used by a 
     State, tribal, or local government or government agency for 
     the purpose of protecting information systems, or in 
     furtherance of preventing, investigating, or prosecuting a 
     criminal act, except that if the need for immediate 
     disclosure prevents obtaining written consent, such consent 
     may be provided orally with subsequent documentation of such 
     consent;
       (3) shall be considered the commercial, financial, or 
     proprietary information of the entity providing such 
     information to the Federal government and any disclosure 
     outside the Federal government may only be made upon the 
     prior written consent by such entity and shall not constitute 
     a waiver of any applicable privilege or protection provided 
     by law, except that if the need for immediate disclosure 
     prevents obtaining written consent, such consent may be 
     provided orally with subsequent documentation of such 
     consent;
       (4) shall be deemed voluntarily shared information and 
     exempt from disclosure under section 552 of title 5, United 
     States Code, and any State, tribal, or local law requiring 
     disclosure of information or records;
       (5) shall be, without discretion, withheld from the public 
     under section 552(b)(3)(B) of title 5, United States Code, 
     and any State, tribal, or local law requiring disclosure of 
     information or records;
       (6) shall not be subject to the rules of any Federal agency 
     or department or any judicial doctrine regarding ex parte 
     communications with a decision-making official;

[[Page S5762]]

       (7) shall not, if subsequently provided to a State, tribal, 
     or local government or government agency, otherwise be 
     disclosed or distributed to any entity by such State, tribal, 
     or local government or government agency without the prior 
     written consent of the entity submitting such information, 
     notwithstanding any State, tribal, or local law requiring 
     disclosure of information or records, except that if the need 
     for immediate disclosure prevents obtaining written consent, 
     such consent may be provided orally with subsequent 
     documentation of such consent; and
       (8) shall not be directly used by any Federal, State, 
     tribal, or local department or agency to regulate the lawful 
     activities of an entity, including activities relating to 
     obtaining, identifying, or otherwise possessing cyber threat 
     information, except that the procedures required to be 
     developed and implemented under this title shall not be 
     considered regulations within the meaning of this paragraph.
       (d) Procedures Relating to Information Sharing With a 
     Cybersecurity Center.--Not later than 60 days after the date 
     of enactment of this Act, the heads of each department or 
     agency containing a cybersecurity center shall jointly 
     develop, promulgate, and submit to Congress procedures to 
     ensure that cyber threat information shared with or provided 
     to--
       (1) a cybersecurity center under this section--
       (A) may be submitted to a cybersecurity center by an 
     entity, to the greatest extent possible, through a uniform, 
     publicly available process or format that is easily 
     accessible on the website of such cybersecurity center, and 
     that includes the ability to provide relevant details about 
     the cyber threat information and written consent to any 
     subsequent disclosures authorized by this paragraph;
       (B) shall immediately be further shared with each 
     cybersecurity center in order to prevent, investigate, or 
     otherwise mitigate threats to information security across the 
     Federal government;
       (C) is handled by the Federal government in a reasonable 
     manner, including consideration of the need to protect the 
     privacy and civil liberties of individuals through 
     anonymization or other appropriate methods, while fully 
     accomplishing the objectives of this title, and the Federal 
     government may undertake efforts consistent with this 
     subparagraph to limit the impact on privacy and civil 
     liberties of the sharing of cyber threat information with the 
     Federal government; and
       (D) except as provided in this section, shall only be used, 
     disclosed, or handled in accordance with the provisions of 
     subsection (c); and
       (2) a Federal agency or department under subsection (b) is 
     provided immediately to a cybersecurity center in order to 
     prevent, investigate, or otherwise mitigate threats to 
     information security across the Federal government.
       (e) Information Shared Between Entities.--
       (1) In general.--An entity sharing cyber threat information 
     with another entity under this title may restrict the use or 
     sharing of such information by such other entity.
       (2) Further sharing.--Cyber threat information shared by 
     any entity with another entity under this title--
       (A) shall only be further shared in accordance with any 
     restrictions placed on the sharing of such information by the 
     entity authorizing such sharing, such as appropriate 
     anonymization of such information; and
       (B) may not be used by any entity to gain an unfair 
     competitive advantage to the detriment of the entity 
     authorizing the sharing of such information, except that the 
     conduct described in paragraph (3) shall not constitute 
     unfair competitive conduct.
       (3) Information shared with state, tribal, or local 
     government or government agency.--Cyber threat information 
     shared with a State, tribal, or local government or 
     government agency under this title--
       (A) may, with the prior written consent of the entity 
     sharing such information, be disclosed to and used by a 
     State, tribal, or local government or government agency for 
     the purpose of protecting information systems, or in 
     furtherance of preventing, investigating, or prosecuting a 
     criminal act, except if the need for immediate disclosure 
     prevents obtaining written consent, consent may be provided 
     orally with subsequent documentation of the consent;
       (B) shall be deemed voluntarily shared information and 
     exempt from disclosure under any State, tribal, or local law 
     requiring disclosure of information or records;
       (C) shall not be disclosed or distributed to any entity by 
     the State, tribal, or local government or government agency 
     without the prior written consent of the entity submitting 
     such information, notwithstanding any State, tribal, or local 
     law requiring disclosure of information or records, except if 
     the need for immediate disclosure prevents obtaining written 
     consent, consent may be provided orally with subsequent 
     documentation of the consent; and
       (D) shall not be directly used by any State, tribal, or 
     local department or agency to regulate the lawful activities 
     of an entity, including activities relating to obtaining, 
     identifying, or otherwise possessing cyber threat 
     information, except that the procedures required to be 
     developed and implemented under this title shall not be 
     considered regulations within the meaning of this 
     subparagraph.
       (4) Antitrust exemption.--The exchange or provision of 
     cyber threat information or assistance between 2 or more 
     private entities under this title shall not be considered a 
     violation of any provision of antitrust laws if exchanged or 
     provided in order to assist with--
       (A) facilitating the prevention, investigation, or 
     mitigation of threats to information security; or
       (B) communicating or disclosing of cyber threat information 
     to help prevent, investigate or otherwise mitigate the 
     effects of a threat to information security.
       (5) No right or benefit.--The provision of cyber threat 
     information to an entity under this section shall not create 
     a right or a benefit to similar information by such entity or 
     any other entity.
       (f) Federal Preemption.--
       (1) In general.--This section supersedes any statute or 
     other law of a State or political subdivision of a State that 
     restricts or otherwise expressly regulates an activity 
     authorized under this section.
       (2) State law enforcement.--Nothing in this section shall 
     be construed to supersede any statute or other law of a State 
     or political subdivision of a State concerning the use of 
     authorized law enforcement techniques.
       (3) Public disclosure.--No information shared with or 
     provided to a State, tribal, or local government or 
     government agency pursuant to this section shall be made 
     publicly available pursuant to any State, tribal, or local 
     law requiring disclosure of information or records.
       (g) Civil and Criminal Liability.--
       (1) General protections.--
       (A) Private entities.--No cause of action shall lie or be 
     maintained in any court against any private entity for--
       (i) the use of countermeasures and cybersecurity systems as 
     authorized by this title;
       (ii) the use, receipt, or disclosure of any cyber threat 
     information as authorized by this title; or
       (iii) the subsequent actions or inactions of any lawful 
     recipient of cyber threat information provided by such 
     private entity.
       (B) Entities.--No cause of action shall lie or be 
     maintained in any court against any entity for--
       (i) the use, receipt, or disclosure of any cyber threat 
     information as authorized by this title; or
       (ii) the subsequent actions or inactions of any lawful 
     recipient of cyber threat information provided by such 
     entity.
       (2) Construction.--Nothing in this subsection shall be 
     construed as creating any immunity against, or otherwise 
     affecting, any action brought by the Federal government, or 
     any agency or department thereof, to enforce any law, 
     executive order, or procedure governing the appropriate 
     handling, disclosure, and use of classified information.
       (h) Otherwise Lawful Disclosures.--Nothing in this section 
     shall be construed to limit or prohibit otherwise lawful 
     disclosures of communications, records, or other information 
     by a private entity to any other governmental or private 
     entity not covered under this section.
       (i) Whistleblower Protection.--Nothing in this Act shall be 
     construed to preempt or preclude any employee from exercising 
     rights currently provided under any whistleblower law, rule, 
     or regulation.
       (j) Relationship to Other Laws.--The submission of cyber 
     threat information under this section to a cybersecurity 
     center shall not affect any requirement under any other 
     provision of law for an entity to provide information to the 
     Federal government.

     SEC. 103. INFORMATION SHARING BY THE FEDERAL GOVERNMENT.

       (a) Classified Information.--
       (1) Procedures.--Consistent with the protection of 
     intelligence sources and methods, and as otherwise determined 
     appropriate, the Director of National Intelligence and the 
     Secretary of Defense, in consultation with the heads of the 
     appropriate Federal departments or agencies, shall develop 
     and promulgate procedures to facilitate and promote--
       (A) the immediate sharing, through the cybersecurity 
     centers, of classified cyber threat information in the 
     possession of the Federal government with appropriately 
     cleared representatives of any appropriate entity; and
       (B) the declassification and immediate sharing, through the 
     cybersecurity centers, with any entity or, if appropriate, 
     public availability of cyber threat information in the 
     possession of the Federal government;
       (2) Handling of classified information.--The procedures 
     developed under paragraph (1) shall ensure that each entity 
     receiving classified cyber threat information pursuant to 
     this section has acknowledged in writing the ongoing 
     obligation to comply with all laws, executive orders, and 
     procedures concerning the appropriate handling, disclosure, 
     or use of classified information.
       (b) Unclassified Cyber Threat Information.--The heads of 
     each department or agency containing a cybersecurity center 
     shall jointly develop and promulgate procedures that ensure 
     that, consistent with the provisions of this section, 
     unclassified, including controlled unclassified, cyber threat 
     information in the possession of the Federal government--
       (1) is shared, through the cybersecurity centers, in an 
     immediate and adequate manner with appropriate entities; and

[[Page S5763]]

       (2) if appropriate, is made publicly available.
       (c) Development of Procedures.--
       (1) In general.--The procedures developed under this 
     section shall incorporate, to the greatest extent possible, 
     existing processes utilized by sector specific information 
     sharing and analysis centers.
       (2) Coordination with entities.--In developing the 
     procedures required under this section, the Director of 
     National Intelligence and the heads of each department or 
     agency containing a cybersecurity center shall coordinate 
     with appropriate entities to ensure that protocols are 
     implemented that will facilitate and promote the sharing of 
     cyber threat information by the Federal government.
       (d) Additional Responsibilities of Cybersecurity Centers.--
     Consistent with section 102, a cybersecurity center shall--
       (1) facilitate information sharing, interaction, and 
     collaboration among and between cybersecurity centers and--
       (A) other Federal entities;
       (B) any entity; and
       (C) international partners, in consultation with the 
     Secretary of State;
       (2) disseminate timely and actionable cybersecurity threat, 
     vulnerability, mitigation, and warning information, including 
     alerts, advisories, indicators, signatures, and mitigation 
     and response measures, to improve the security and protection 
     of information systems; and
       (3) coordinate with other Federal entities, as appropriate, 
     to integrate information from across the Federal government 
     to provide situational awareness of the cybersecurity posture 
     of the United States.
       (e) Sharing Within the Federal Government.--The heads of 
     appropriate Federal departments and agencies shall ensure 
     that cyber threat information in the possession of such 
     Federal departments or agencies that relates to the 
     prevention, investigation, or mitigation of threats to 
     information security across the Federal government is shared 
     effectively with the cybersecurity centers.
       (f) Submission to Congress.--Not later than 60 days after 
     the date of enactment of this Act, the Director of National 
     Intelligence, in coordination with the appropriate head of a 
     department or an agency containing a cybersecurity center, 
     shall submit the procedures required by this section to 
     Congress.

     SEC. 104. CONSTRUCTION.

       (a) Information Sharing Relationships.--Nothing in this 
     title shall be construed--
       (1) to limit or modify an existing information sharing 
     relationship;
       (2) to prohibit a new information sharing relationship;
       (3) to require a new information sharing relationship 
     between any entity and the Federal government, except as 
     specified under section 102(b); or
       (4) to modify the authority of a department or agency of 
     the Federal government to protect sources and methods and the 
     national security of the United States.
       (b) Anti-tasking Restriction.--Nothing in this title shall 
     be construed to permit the Federal government--
       (1) to require an entity to share information with the 
     Federal government, except as expressly provided under 
     section 102(b); or
       (2) to condition the sharing of cyber threat information 
     with an entity on such entity's provision of cyber threat 
     information to the Federal government.
       (c) No Liability for Non-participation.--Nothing in this 
     title shall be construed to subject any entity to liability 
     for choosing not to engage in the voluntary activities 
     authorized under this title.
       (d) Use and Retention of Information.--Nothing in this 
     title shall be construed to authorize, or to modify any 
     existing authority of, a department or agency of the Federal 
     government to retain or use any information shared under 
     section 102 for any use other than a use permitted under 
     section 102(c)(1).
       (e) No New Funding.--An applicable Federal agency shall 
     carry out the provisions of this title with existing 
     facilities and funds otherwise available, through such means 
     as the head of the agency considers appropriate.

     SEC. 105. REPORT ON IMPLEMENTATION.

       (a) Content of Report.--Not later than 1 year after the 
     date of enactment of this Act, and biennially thereafter, the 
     heads of each department or agency containing a cybersecurity 
     center shall jointly submit, in coordination with the privacy 
     and civil liberties officials of such departments or agencies 
     and the Privacy and Civil Liberties Oversight Board, a 
     detailed report to Congress concerning the implementation of 
     this title, including--
       (1) an assessment of the sufficiency of the procedures 
     developed under section 103 of this Act in ensuring that 
     cyber threat information in the possession of the Federal 
     government is provided in an immediate and adequate manner to 
     appropriate entities or, if appropriate, is made publicly 
     available;
       (2) an assessment of whether information has been 
     appropriately classified and an accounting of the number of 
     security clearances authorized by the Federal government for 
     purposes of this title;
       (3) a review of the type of cyber threat information shared 
     with a cybersecurity center under section 102 of this Act, 
     including whether such information meets the definition of 
     cyber threat information under section 101, the degree to 
     which such information may impact the privacy and civil 
     liberties of individuals, any appropriate metrics to 
     determine any impact of the sharing of such information with 
     the Federal government on privacy and civil liberties, and 
     the adequacy of any steps taken to reduce such impact;
       (4) a review of actions taken by the Federal government 
     based on information provided to a cybersecurity center under 
     section 102 of this Act, including the appropriateness of any 
     subsequent use under section 102(c)(1) of this Act and 
     whether there was inappropriate stovepiping within the 
     Federal government of any such information;
       (5) a description of any violations of the requirements of 
     this title by the Federal government;
       (6) a classified list of entities that received classified 
     information from the Federal government under section 103 of 
     this Act and a description of any indication that such 
     information may not have been appropriately handled;
       (7) a summary of any breach of information security, if 
     known, attributable to a specific failure by any entity or 
     the Federal government to act on cyber threat information in 
     the possession of such entity or the Federal government that 
     resulted in substantial economic harm or injury to a specific 
     entity or the Federal government; and
       (8) any recommendation for improvements or modifications to 
     the authorities under this title.
       (b) Form of Report.--The report under subsection (a) shall 
     be submitted in unclassified form, but shall include a 
     classified annex.

     SEC. 106. INSPECTOR GENERAL REVIEW.

       (a) In General.--The Council of the Inspectors General on 
     Integrity and Efficiency are authorized to review compliance 
     by the cybersecurity centers, and by any Federal department 
     or agency receiving cyber threat information from such 
     cybersecurity centers, with the procedures required under 
     section 102 of this Act.
       (b) Scope of Review.--The review under subsection (a) shall 
     consider whether the Federal government has handled such 
     cyber threat information in a reasonable manner, including 
     consideration of the need to protect the privacy and civil 
     liberties of individuals through anonymization or other 
     appropriate methods, while fully accomplishing the objectives 
     of this title.
       (c) Report to Congress.--Each review conducted under this 
     section shall be provided to Congress not later than 30 days 
     after the date of completion of the review.

     SEC. 107. TECHNICAL AMENDMENTS.

       Section 552(b) of title 5, United States Code, is amended--
       (1) in paragraph (8), by striking ``or'';
       (2) in paragraph (9), by striking ``wells.'' and inserting 
     ``wells; or''; and
       (3) by adding at the end the following:
       ``(10) information shared with or provided to a 
     cybersecurity center under section 102 of title I of the 
     Strengthening and Enhancing Cybersecurity by Using Research, 
     Education, Information, and Technology Act of 2012.''.

     SEC. 108. ACCESS TO CLASSIFIED INFORMATION.

       (a) Authorization Required.--No person shall be provided 
     with access to classified information (as defined in section 
     6.1 of Executive Order 13526 (50 U.S.C. 435 note; relating to 
     classified national security information)) relating to cyber 
     security threats or cyber security vulnerabilities under this 
     title without the appropriate security clearances.
       (b) Security Clearances.--The appropriate Federal agencies 
     or departments shall, consistent with applicable procedures 
     and requirements, and if otherwise deemed appropriate, assist 
     an individual in timely obtaining an appropriate security 
     clearance where such individual has been determined to be 
     eligible for such clearance and has a need-to-know (as 
     defined in section 6.1 of that Executive Order) classified 
     information to carry out this title.

     TITLE II--COORDINATION OF FEDERAL INFORMATION SECURITY POLICY

     SEC. 201. COORDINATION OF FEDERAL INFORMATION SECURITY 
                   POLICY.

       (a) In General.--Chapter 35 of title 44, United States 
     Code, is amended by striking subchapters II and III and 
     inserting the following:

                 ``SUBCHAPTER II--INFORMATION SECURITY

     ``Sec. 3551. Purposes

       ``The purposes of this subchapter are--
       ``(1) to provide a comprehensive framework for ensuring the 
     effectiveness of information security controls over 
     information resources that support Federal operations and 
     assets;
       ``(2) to recognize the highly networked nature of the 
     current Federal computing environment and provide effective 
     government-wide management of policies, directives, 
     standards, and guidelines, as well as effective and nimble 
     oversight of and response to information security risks, 
     including coordination of information security efforts 
     throughout the Federal civilian, national security, and law 
     enforcement communities;
       ``(3) to provide for development and maintenance of 
     controls required to protect agency information and 
     information systems and contribute to the overall improvement 
     of agency information security posture;
       ``(4) to provide for the development of tools and methods 
     to assess and respond to real-time situational risk for 
     Federal information system operations and assets; and
       ``(5) to provide a mechanism for improving agency 
     information security programs

[[Page S5764]]

     through continuous monitoring of agency information systems 
     and streamlined reporting requirements rather than overly 
     prescriptive manual reporting.

     ``Sec. 3552. Definitions

       ``In this subchapter:
       ``(1) Adequate security.--The term `adequate security' 
     means security commensurate with the risk and magnitude of 
     the harm resulting from the unauthorized access to or loss, 
     misuse, destruction, or modification of information.
       ``(2) Agency.--The term `agency' has the meaning given the 
     term in section 3502 of title 44.
       ``(3) Cybersecurity center.--The term `cybersecurity 
     center' means the Department of Defense Cyber Crime Center, 
     the Intelligence Community Incident Response Center, the 
     United States Cyber Command Joint Operations Center, the 
     National Cyber Investigative Joint Task Force, the National 
     Security Agency/Central Security Service Threat Operations 
     Center, the National Cybersecurity and Communications 
     Integration Center, and any successor center.
       ``(4) Cyber threat information.--The term `cyber threat 
     information' means information that indicates or describes--
       ``(A) a technical or operation vulnerability or a cyber 
     threat mitigation measure;
       ``(B) an action or operation to mitigate a cyber threat;
       ``(C) malicious reconnaissance, including anomalous 
     patterns of network activity that appear to be transmitted 
     for the purpose of gathering technical information related to 
     a cybersecurity threat;
       ``(D) a method of defeating a technical control;
       ``(E) a method of defeating an operational control;
       ``(F) network activity or protocols known to be associated 
     with a malicious cyber actor or that signify malicious cyber 
     intent;
       ``(G) a method of causing a user with legitimate access to 
     an information system or information that is stored on, 
     processed by, or transiting an information system to 
     inadvertently enable the defeat of a technical or operational 
     control;
       ``(H) any other attribute of a cybersecurity threat or 
     cyber defense information that would foster situational 
     awareness of the United States cybersecurity posture, if 
     disclosure of such attribute or information is not otherwise 
     prohibited by law;
       ``(I) the actual or potential harm caused by a cyber 
     incident, including information exfiltrated when it is 
     necessary in order to identify or describe a cybersecurity 
     threat; or
       ``(J) any combination of subparagraphs (A) through (I).
       ``(5) Director.--The term `Director' means the Director of 
     the Office of Management and Budget unless otherwise 
     specified.
       ``(6) Environment of operation.--The term `environment of 
     operation' means the information system and environment in 
     which those systems operate, including changing threats, 
     vulnerabilities, technologies, and missions and business 
     practices.
       ``(7) Federal information system.--The term `Federal 
     information system' means an information system used or 
     operated by an executive agency, by a contractor of an 
     executive agency, or by another organization on behalf of an 
     executive agency.
       ``(8) Incident.--The term `incident' means an occurrence 
     that--
       ``(A) actually or imminently jeopardizes the integrity, 
     confidentiality, or availability of an information system or 
     the information that system controls, processes, stores, or 
     transmits; or
       ``(B) constitutes a violation of law or an imminent threat 
     of violation of a law, a security policy, a security 
     procedure, or an acceptable use policy.
       ``(9) Information resources.--The term `information 
     resources' has the meaning given the term in section 3502 of 
     title 44.
       ``(10) Information security.--The term `information 
     security' means protecting information and information 
     systems from disruption or unauthorized access, use, 
     disclosure, modification, or destruction in order to 
     provide--
       ``(A) integrity, by guarding against improper information 
     modification or destruction, including by ensuring 
     information nonrepudiation and authenticity;
       ``(B) confidentiality, by preserving authorized 
     restrictions on access and disclosure, including means for 
     protecting personal privacy and proprietary information; or
       ``(C) availability, by ensuring timely and reliable access 
     to and use of information.
       ``(11) Information system.--The term `information system' 
     has the meaning given the term in section 3502 of title 44.
       ``(12) Information technology.--The term `information 
     technology' has the meaning given the term in section 11101 
     of title 40.
       ``(13) Malicious reconnaissance.--The term `malicious 
     reconnaissance' means a method for actively probing or 
     passively monitoring an information system for the purpose of 
     discerning technical vulnerabilities of the information 
     system, if such method is associated with a known or 
     suspected cybersecurity threat.
       ``(14) National security system.--
       ``(A) In general.--The term `national security system' 
     means any information system (including any 
     telecommunications system) used or operated by an agency or 
     by a contractor of an agency, or other organization on behalf 
     of an agency--
       ``(i) the function, operation, or use of which--

       ``(I) involves intelligence 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) subject to subparagraph (B), is critical to the 
     direct fulfillment of military or intelligence missions; or

       ``(ii) is protected at all times by procedures established 
     for information that have been specifically authorized under 
     criteria established by an Executive Order or an Act of 
     Congress to be kept classified in the interest of national 
     defense or foreign policy.
       ``(B) Limitation.--Subparagraph (A)(i)(V) does not include 
     a system that is to be used for routine administrative and 
     business applications (including payroll, finance, logistics, 
     and personnel management applications).
       ``(15) Operational control.--The term `operational control' 
     means a security control for an information system that 
     primarily is implemented and executed by people.
       ``(16) Person.--The term `person' has the meaning given the 
     term in section 3502 of title 44.
       ``(17) Secretary.--The term `Secretary' means the Secretary 
     of Commerce unless otherwise specified.
       ``(18) Security control.--The term `security control' means 
     the management, operational, and technical controls, 
     including safeguards or countermeasures, prescribed for an 
     information system to protect the confidentiality, integrity, 
     and availability of the system and its information.
       ``(19) Significant cyber incident.--The term `significant 
     cyber incident' means a cyber incident resulting in, or an 
     attempted cyber incident that, if successful, would have 
     resulted in--
       ``(A) the exfiltration from a Federal information system of 
     data that is essential to the operation of the Federal 
     information system; or
       ``(B) an incident in which an operational or technical 
     control essential to the security or operation of a Federal 
     information system was defeated.
       ``(20) Technical control.--The term `technical control' 
     means a hardware or software restriction on, or audit of, 
     access or use of an information system or information that is 
     stored on, processed by, or transiting an information system 
     that is intended to ensure the confidentiality, integrity, or 
     availability of that system.

     ``Sec. 3553. Federal information security authority and 
       coordination

       ``(a) In General.--The Secretary, in consultation with the 
     Secretary of Homeland Security, shall--
       ``(1) issue compulsory and binding policies and directives 
     governing agency information security operations, and require 
     implementation of such policies and directives, including--
       ``(A) policies and directives consistent with the standards 
     and guidelines promulgated under section 11331 of title 40 to 
     identify and provide information security protections 
     prioritized and commensurate with the risk and impact 
     resulting from the unauthorized access, use, disclosure, 
     disruption, modification, or destruction of--
       ``(i) information collected or maintained by or on behalf 
     of an agency; or
       ``(ii) information systems used or operated by an agency or 
     by a contractor of an agency or other organization on behalf 
     of an agency;
       ``(B) minimum operational requirements for Federal 
     Government to protect agency information systems and provide 
     common situational awareness across all agency information 
     systems;
       ``(C) reporting requirements, consistent with relevant law, 
     regarding information security incidents and cyber threat 
     information;
       ``(D) requirements for agencywide information security 
     programs;
       ``(E) performance requirements and metrics for the security 
     of agency information systems;
       ``(F) training requirements to ensure that agencies are 
     able to fully and timely comply with the policies and 
     directives issued by the Secretary under this subchapter;
       ``(G) training requirements regarding privacy, civil 
     rights, and civil liberties, and information oversight for 
     agency information security personnel;
       ``(H) requirements for the annual reports to the Secretary 
     under section 3554(d);
       ``(I) any other information security operations or 
     information security requirements as determined by the 
     Secretary in coordination with relevant agency heads; and
       ``(J) coordinating the development of standards and 
     guidelines under section 20 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-3) with agencies 
     and offices operating or exercising control of national 
     security systems (including the National Security Agency) to 
     assure, to the maximum extent feasible, that such standards 
     and guidelines are complementary with standards and 
     guidelines developed for national security systems;
       ``(2) review the agencywide information security programs 
     under section 3554; and
       ``(3) designate an individual or an entity at each 
     cybersecurity center, among other responsibilities--
       ``(A) to receive reports and information about information 
     security incidents, cyber

[[Page S5765]]

     threat information, and deterioration of security control 
     affecting agency information systems; and
       ``(B) to act on or share the information under subparagraph 
     (A) in accordance with this subchapter.
       ``(b) Considerations.--When issuing policies and directives 
     under subsection (a), the Secretary shall consider any 
     applicable standards or guidelines developed by the National 
     Institute of Standards and Technology under section 11331 of 
     title 40.
       ``(c) Limitation of Authority.--The authorities of the 
     Secretary under this section shall not apply to national 
     security systems. Information security policies, directives, 
     standards and guidelines for national security systems shall 
     be overseen as directed by the President and, in accordance 
     with that direction, carried out under the authority of the 
     heads of agencies that operate or exercise authority over 
     such national security systems.
       ``(d) Statutory Construction.--Nothing in this subchapter 
     shall be construed to alter or amend any law regarding the 
     authority of any head of an agency over such agency.

     ``Sec. 3554. Agency responsibilities

       ``(a) In General.--The head of each agency shall--
       ``(1) be responsible for--
       ``(A) complying with the policies and directives issued 
     under section 3553;
       ``(B) providing information security protections 
     commensurate with the risk resulting from unauthorized 
     access, use, disclosure, disruption, modification, or 
     destruction of--
       ``(i) information collected or maintained by the agency or 
     by a contractor of an agency or other organization on behalf 
     of an agency; and
       ``(ii) information systems used or operated by an agency or 
     by a contractor of an agency or other organization on behalf 
     of an agency;
       ``(C) complying with the requirements of this subchapter, 
     including--
       ``(i) information security standards and guidelines 
     promulgated under section 11331 of title 40;
       ``(ii) for any national security systems operated or 
     controlled by that agency, information security policies, 
     directives, standards and guidelines issued as directed by 
     the President; and
       ``(iii) for any non-national security systems operated or 
     controlled by that agency, information security policies, 
     directives, standards and guidelines issued under section 
     3553;
       ``(D) ensuring that information security management 
     processes are integrated with agency strategic and 
     operational planning processes;
       ``(E) reporting and sharing, for an agency operating or 
     exercising control of a national security system, information 
     about information security incidents, cyber threat 
     information, and deterioration of security controls to the 
     individual or entity designated at each cybersecurity center 
     and to other appropriate entities consistent with policies 
     and directives for national security systems issued as 
     directed by the President; and
       ``(F) reporting and sharing, for those agencies operating 
     or exercising control of non-national security systems, 
     information about information security incidents, cyber 
     threat information, and deterioration of security controls to 
     the individual or entity designated at each cybersecurity 
     center and to other appropriate entities consistent with 
     policies and directives for non-national security systems as 
     prescribed under section 3553(a), including information to 
     assist the entity designated under section 3555(a) with the 
     ongoing security analysis under section 3555;
       ``(2) ensure that each senior agency official provides 
     information security for the information and information 
     systems that support the operations and assets under the 
     senior agency official's control, including by--
       ``(A) assessing the risk and impact that could result from 
     the unauthorized access, use, disclosure, disruption, 
     modification, or destruction of such information or 
     information systems;
       ``(B) determining the level of information security 
     appropriate to protect such information and information 
     systems in accordance with policies and directives issued 
     under section 3553(a), and standards and guidelines 
     promulgated under section 11331 of title 40 for information 
     security classifications and related requirements;
       ``(C) implementing policies, procedures, and capabilities 
     to reduce risks to an acceptable level in a cost-effective 
     manner;
       ``(D) actively monitoring the effective implementation of 
     information security controls and techniques; and
       ``(E) reporting information about information security 
     incidents, cyber threat information, and deterioration of 
     security controls in a timely and adequate manner to the 
     entity designated under section 3553(a)(3) in accordance with 
     paragraph (1);
       ``(3) assess and maintain the resiliency of information 
     technology systems critical to agency mission and operations;
       ``(4) designate the agency Inspector General (or an 
     independent entity selected in consultation with the Director 
     and the Council of Inspectors General on Integrity and 
     Efficiency if the agency does not have an Inspector General) 
     to conduct the annual independent evaluation required under 
     section 3556, and allow the agency Inspector General to 
     contract with an independent entity to perform such 
     evaluation;
       ``(5) delegate to the Chief Information Officer or 
     equivalent (or to a senior agency official who reports to the 
     Chief Information Officer or equivalent)--
       ``(A) the authority and primary responsibility to implement 
     an agencywide information security program; and
       ``(B) the authority to provide information security for the 
     information collected and maintained by the agency (or by a 
     contractor, other agency, or other source on behalf of the 
     agency) and for the information systems that support the 
     operations, assets, and mission of the agency (including any 
     information system provided or managed by a contractor, other 
     agency, or other source on behalf of the agency);
       ``(6) delegate to the appropriate agency official (who is 
     responsible for a particular agency system or subsystem) the 
     responsibility to ensure and enforce compliance with all 
     requirements of the agency's agencywide information security 
     program in coordination with the Chief Information Officer or 
     equivalent (or the senior agency official who reports to the 
     Chief Information Officer or equivalent) under paragraph (5);
       ``(7) ensure that an agency has trained personnel who have 
     obtained any necessary security clearances to permit them to 
     assist the agency in complying with this subchapter;
       ``(8) ensure that the Chief Information Officer or 
     equivalent (or the senior agency official who reports to the 
     Chief Information Officer or equivalent) under paragraph (5), 
     in coordination with other senior agency officials, reports 
     to the agency head on the effectiveness of the agencywide 
     information security program, including the progress of any 
     remedial actions; and
       ``(9) ensure that the Chief Information Officer or 
     equivalent (or the senior agency official who reports to the 
     Chief Information Officer or equivalent) under paragraph (5) 
     has the necessary qualifications to administer the functions 
     described in this subchapter and has information security 
     duties as a primary duty of that official.
       ``(b) Chief Information Officers.--Each Chief Information 
     Officer or equivalent (or the senior agency official who 
     reports to the Chief Information Officer or equivalent) under 
     subsection (a)(5) shall--
       ``(1) establish and maintain an enterprise security 
     operations capability that on a continuous basis--
       ``(A) detects, reports, contains, mitigates, and responds 
     to information security incidents that impair adequate 
     security of the agency's information or information system in 
     a timely manner and in accordance with the policies and 
     directives under section 3553; and
       ``(B) reports any information security incident under 
     subparagraph (A) to the entity designated under section 3555;
       ``(2) develop, maintain, and oversee an agencywide 
     information security program;
       ``(3) develop, maintain, and oversee information security 
     policies, procedures, and control techniques to address 
     applicable requirements, including requirements under section 
     3553 of this title and section 11331 of title 40; and
       ``(4) train and oversee the agency personnel who have 
     significant responsibility for information security with 
     respect to that responsibility.
       ``(c) Agencywide Information Security Programs.--
       ``(1) In general.--Each agencywide information security 
     program under subsection (b)(2) shall include--
       ``(A) relevant security risk assessments, including 
     technical assessments and others related to the acquisition 
     process;
       ``(B) security testing commensurate with risk and impact;
       ``(C) mitigation of deterioration of security controls 
     commensurate with risk and impact;
       ``(D) risk-based continuous monitoring and threat 
     assessment of the operational status and security of agency 
     information systems to enable evaluation of the effectiveness 
     of and compliance with information security policies, 
     procedures, and practices, including a relevant and 
     appropriate selection of security controls of information 
     systems identified in the inventory under section 3505(c);
       ``(E) operation of appropriate technical capabilities in 
     order to detect, mitigate, report, and respond to information 
     security incidents, cyber threat information, and 
     deterioration of security controls in a manner that is 
     consistent with the policies and directives under section 
     3553, including--
       ``(i) mitigating risks associated with such information 
     security incidents;
       ``(ii) notifying and consulting with the entity designated 
     under section 3555; and
       ``(iii) notifying and consulting with, as appropriate--

       ``(I) law enforcement and the relevant Office of the 
     Inspector General; and
       ``(II) any other entity, in accordance with law and as 
     directed by the President;

       ``(F) a process to ensure that remedial action is taken to 
     address any deficiencies in the information security 
     policies, procedures, and practices of the agency; and
       ``(G) a plan and procedures to ensure the continuity of 
     operations for information systems that support the 
     operations and assets of the agency.
       ``(2) Risk management strategies.--Each agencywide 
     information security program under subsection (b)(2) shall 
     include the development and maintenance of a risk management 
     strategy for information security. The risk management 
     strategy shall include--

[[Page S5766]]

       ``(A) consideration of information security incidents, 
     cyber threat information, and deterioration of security 
     controls; and
       ``(B) consideration of the consequences that could result 
     from the unauthorized access, use, disclosure, disruption, 
     modification, or destruction of information and information 
     systems that support the operations and assets of the agency, 
     including any information system provided or managed by a 
     contractor, other agency, or other source on behalf of the 
     agency;
       ``(3) Policies and procedures.--Each agencywide information 
     security program under subsection (b)(2) shall include 
     policies and procedures that--
       ``(A) are based on the risk management strategy under 
     paragraph (2);
       ``(B) reduce information security risks to an acceptable 
     level in a cost-effective manner;
       ``(C) ensure that cost-effective and adequate information 
     security is addressed as part of the acquisition and ongoing 
     management of each agency information system; and
       ``(D) ensure compliance with--
       ``(i) this subchapter; and
       ``(ii) any other applicable requirements.
       ``(4) Training requirements.--Each agencywide information 
     security program under subsection (b)(2) shall include 
     information security, privacy, civil rights, civil liberties, 
     and information oversight training that meets any applicable 
     requirements under section 3553. The training shall inform 
     each information security personnel that has access to agency 
     information systems (including contractors and other users of 
     information systems that support the operations and assets of 
     the agency) of--
       ``(A) the information security risks associated with the 
     information security personnel's activities; and
       ``(B) the individual's responsibility to comply with the 
     agency policies and procedures that reduce the risks under 
     subparagraph (A).
       ``(d) Annual Report.--Each agency shall submit a report 
     annually to the Secretary of Homeland Security on its 
     agencywide information security program and information 
     systems.

     ``Sec. 3555. Multiagency ongoing threat assessment

       ``(a) Implementation.--The Director of the Office of 
     Management and Budget, in coordination with the Secretary of 
     Homeland Security, shall designate an entity to implement 
     ongoing security analysis concerning agency information 
     systems--
       ``(1) based on cyber threat information;
       ``(2) based on agency information system and environment of 
     operation changes, including--
       ``(A) an ongoing evaluation of the information system 
     security controls; and
       ``(B) the security state, risk level, and environment of 
     operation of an agency information system, including--
       ``(i) a change in risk level due to a new cyber threat;
       ``(ii) a change resulting from a new technology;
       ``(iii) a change resulting from the agency's mission; and
       ``(iv) a change resulting from the business practice; and
       ``(3) using automated processes to the maximum extent 
     possible--
       ``(A) to increase information system security;
       ``(B) to reduce paper-based reporting requirements; and
       ``(C) to maintain timely and actionable knowledge of the 
     state of the information system security.
       ``(b) Standards.--The National Institute of Standards and 
     Technology may promulgate standards, in coordination with the 
     Secretary of Homeland Security, to assist an agency with its 
     duties under this section.
       ``(c) Compliance.--The head of each appropriate department 
     and agency shall be responsible for ensuring compliance and 
     implementing necessary procedures to comply with this 
     section. The head of each appropriate department and agency, 
     in consultation with the Director of the Office of Management 
     and Budget and the Secretary of Homeland Security, shall--
       ``(1) monitor compliance under this section;
       ``(2) develop a timeline and implement for the department 
     or agency--
       ``(A) adoption of any technology, system, or method that 
     facilitates continuous monitoring and threat assessments of 
     an agency information system;
       ``(B) adoption or updating of any technology, system, or 
     method that prevents, detects, or remediates a significant 
     cyber incident to a Federal information system of the 
     department or agency that has impeded, or is reasonably 
     likely to impede, the performance of a critical mission of 
     the department or agency; and
       ``(C) adoption of any technology, system, or method that 
     satisfies a requirement under this section.
       ``(d) Limitation of Authority.--The authorities of the 
     Director of the Office of Management and Budget and of the 
     Secretary of Homeland Security under this section shall not 
     apply to national security systems.
       ``(e) Report.--Not later than 6 months after the date of 
     enactment of the Strengthening and Enhancing Cybersecurity by 
     Using Research, Education, Information, and Technology Act of 
     2012, the Government Accountability Office shall issue a 
     report evaluating each agency's status toward implementing 
     this section.

     ``Sec. 3556. Independent evaluations

       ``(a) In General.--The Council of the Inspectors General on 
     Integrity and Efficiency, in consultation with the Director 
     and the Secretary of Homeland Security, the Secretary of 
     Commerce, and the Secretary of Defense, shall issue and 
     maintain criteria for the timely, cost-effective, risk-based, 
     and independent evaluation of each agencywide information 
     security program (and practices) to determine the 
     effectiveness of the agencywide information security program 
     (and practices). The criteria shall include measures to 
     assess any conflicts of interest in the performance of the 
     evaluation and whether the agencywide information security 
     program includes appropriate safeguards against disclosure of 
     information where such disclosure may adversely affect 
     information security.
       ``(b) Annual Independent Evaluations.--Each agency shall 
     perform an annual independent evaluation of its agencywide 
     information security program (and practices) in accordance 
     with the criteria under subsection (a).
       ``(c) Distribution of Reports.--Not later than 30 days 
     after receiving an independent evaluation under subsection 
     (b), each agency head shall transmit a copy of the 
     independent evaluation to the Secretary of Homeland Security, 
     the Secretary of Commerce, and the Secretary of Defense.
       ``(d) National Security Systems.--Evaluations involving 
     national security systems shall be conducted as directed by 
     President.

     ``Sec. 3557. National security systems.

       ``The head of each agency operating or exercising control 
     of a national security system shall be responsible for 
     ensuring that the agency--
       ``(1) provides information security protections 
     commensurate with the risk and magnitude of the harm 
     resulting from the unauthorized access, use, disclosure, 
     disruption, modification, or destruction of the information 
     contained in such system; and
       ``(2) implements information security policies and 
     practices as required by standards and guidelines for 
     national security systems, issued in accordance with law and 
     as directed by the President.''.
       (b) Savings Provisions.--
       (1) Policy and compliance guidance.--Policy and compliance 
     guidance issued by the Director before the date of enactment 
     of this Act under section 3543(a)(1) of title 44, United 
     States Code (as in effect on the day before the date of 
     enactment of this Act), shall continue in effect, according 
     to its terms, until modified, terminated, superseded, or 
     repealed pursuant to section 3553(a)(1) of title 44, United 
     States Code.
       (2) Standards and guidelines.--Standards and guidelines 
     issued by the Secretary of Commerce or by the Director before 
     the date of enactment of this Act under section 11331(a)(1) 
     of title 40, United States Code, (as in effect on the day 
     before the date of enactment of this Act) shall continue in 
     effect, according to their terms, until modified, terminated, 
     superseded, or repealed pursuant to section 11331(a)(1) of 
     title 40, United States Code, as amended by this Act.
       (c) Technical and Conforming Amendments.--
       (1) Chapter analysis.--The chapter analysis for chapter 35 
     of title 44, United States Code, is amended--
       (A) by striking the items relating to sections 3531 through 
     3538;
       (B) by striking the items relating to sections 3541 through 
     3549; and
       (C) by inserting the following:

``3551. Purposes.
``3552. Definitions.
``3553. Federal information security authority and coordination.
``3554. Agency responsibilities.
``3555. Multiagency ongoing threat assessment.
``3556. Independent evaluations.
``3557. National security systems.''.

       (2) Other references.--
       (A) Section 1001(c)(1)(A) of the Homeland Security Act of 
     2002 (6 U.S.C. 511(1)(A)) is amended by striking ``section 
     3532(3)'' and inserting ``section 3552''.
       (B) Section 2222(j)(5) of title 10, United States Code, is 
     amended by striking ``section 3542(b)(2)'' and inserting 
     ``section 3552''.
       (C) Section 2223(c)(3) of title 10, United States Code, is 
     amended, by striking ``section 3542(b)(2)'' and inserting 
     ``section 3552''.
       (D) Section 2315 of title 10, United States Code, is 
     amended by striking ``section 3542(b)(2)'' and inserting 
     ``section 3552''.
       (E) Section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3) is amended--
       (i) in subsection (a)(2), by striking ``section 
     3532(b)(2)'' and inserting ``section 3552'';
       (ii) in subsection (c)(3), by striking ``Director of the 
     Office of Management and Budget'' and inserting ``Secretary 
     of Commerce'';
       (iii) in subsection (d)(1), by striking ``Director of the 
     Office of Management and Budget'' and inserting ``Secretary 
     of Commerce'';
       (iv) in subsection (d)(8) by striking ``Director of the 
     Office of Management and Budget'' and inserting ``Secretary 
     of Commerce'';
       (v) in subsection (d)(8), by striking ``submitted to the 
     Director'' and inserting ``submitted to the Secretary'';
       (vi) in subsection (e)(2), by striking ``section 3532(1) of 
     such title'' and inserting ``section 3552 of title 44''; and

[[Page S5767]]

       (vii) in subsection (e)(5), by striking ``section 
     3532(b)(2) of such title'' and inserting ``section 3552 of 
     title 44''.
       (F) Section 8(d)(1) of the Cyber Security Research and 
     Development Act (15 U.S.C. 7406(d)(1)) is amended by striking 
     ``section 3534(b)'' and inserting ``section 3554(b)(2)''.

     SEC. 202. MANAGEMENT OF INFORMATION TECHNOLOGY.

       (a) In General.--Section 11331 of title 40, United States 
     Code, is amended to read as follows:

     ``Sec. 11331. Responsibilities for Federal information 
       systems standards

       ``(a) Standards and Guidelines.--
       ``(1) Authority to prescribe.--Except as provided under 
     paragraph (2), the Secretary of Commerce shall prescribe 
     standards and guidelines pertaining to Federal information 
     systems--
       ``(A) in consultation with the Secretary of Homeland 
     Security; and
       ``(B) on the basis of standards and guidelines developed by 
     the National Institute of Standards and Technology under 
     paragraphs (2) and (3) of section 20(a) of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278g-
     3(a)(2) and (a)(3)).
       ``(2) National security systems.--Standards and guidelines 
     for national security systems shall be developed, prescribed, 
     enforced, and overseen as otherwise authorized by law and as 
     directed by the President.
       ``(b) Mandatory Standards and Guidelines.--
       ``(1) Authority to make mandatory standards and 
     guidelines.--The Secretary of Commerce shall make standards 
     and guidelines under subsection (a)(1) compulsory and binding 
     to the extent determined necessary by the Secretary of 
     Commerce to improve the efficiency of operation or security 
     of Federal information systems.
       ``(2) Required mandatory standards and guidelines.--
       ``(A) In general.--Standards and guidelines under 
     subsection (a)(1) shall include information security 
     standards that--
       ``(i) provide minimum information security requirements as 
     determined under section 20(b) of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-3(b)); and
       ``(ii) are otherwise necessary to improve the security of 
     Federal information and information systems.
       ``(B) Binding effect.--Information security standards under 
     subparagraph (A) shall be compulsory and binding.
       ``(c) Exercise of Authority.--To ensure fiscal and policy 
     consistency, the Secretary of Commerce shall exercise the 
     authority conferred by this section subject to direction by 
     the President and in coordination with the Director.
       ``(d) Application of More Stringent Standards and 
     Guidelines.--The head of an executive agency may employ 
     standards for the cost-effective information security for 
     information systems within or under the supervision of that 
     agency that are more stringent than the standards and 
     guidelines the Secretary of Commerce prescribes under this 
     section if the more stringent standards and guidelines--
       ``(1) contain at least the applicable standards and 
     guidelines made compulsory and binding by the Secretary of 
     Commerce; and
       ``(2) are otherwise consistent with the policies, 
     directives, and implementation memoranda issued under section 
     3553(a) of title 44.
       ``(e) Decisions on Promulgation of Standards and 
     Guidelines.--The decision by the Secretary of Commerce 
     regarding the promulgation of any standard or guideline under 
     this section shall occur not later than 6 months after the 
     date of submission of the proposed standard to the Secretary 
     of Commerce by the National Institute of Standards and 
     Technology under section 20 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-3).
       ``(f) Notice and Comment.--A decision by the Secretary of 
     Commerce to significantly modify, or not promulgate, a 
     proposed standard submitted to the Secretary by the National 
     Institute of Standards and Technology under section 20 of the 
     National Institute of Standards and Technology Act (15 U.S.C. 
     278g-3) shall be made after the public is given an 
     opportunity to comment on the Secretary's proposed decision.
       ``(g) Definitions.--In this section:
       ``(1) Federal information system.--The term `Federal 
     information system' has the meaning given the term in section 
     3552 of title 44.
       ``(2) Information security.--The term `information 
     security' has the meaning given the term in section 3552 of 
     title 44.
       ``(3) National security system.--The term `national 
     security system' has the meaning given the term in section 
     3552 of title 44.''.

     SEC. 203. NO NEW FUNDING.

       An applicable Federal agency shall carry out the provisions 
     of this title with existing facilities and funds otherwise 
     available, through such means as the head of the agency 
     considers appropriate.

     SEC. 204. TECHNICAL AND CONFORMING AMENDMENTS.

       Section 21(b) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-4(b)) is amended--
       (1) in paragraph (2), by striking ``and the Director of the 
     Office of Management and Budget'' and inserting ``, the 
     Secretary of Commerce, and the Secretary of Homeland 
     Security''; and
       (2) in paragraph (3), by inserting ``, the Secretary of 
     Homeland Security,'' after ``the Secretary of Commerce''.

     SEC. 205. CLARIFICATION OF AUTHORITIES.

       Nothing in this title shall be construed to convey any new 
     regulatory authority to any government entity implementing or 
     complying with any provision of this title.

                     TITLE III--CRIMINAL PENALTIES

     SEC. 301. PENALTIES FOR FRAUD AND RELATED ACTIVITY IN 
                   CONNECTION WITH COMPUTERS.

       Section 1030(c) of title 18, United States Code, is amended 
     to read as follows:
       ``(c) The punishment for an offense under subsection (a) or 
     (b) of this section is--
       ``(1) a fine under this title or imprisonment for not more 
     than 20 years, or both, in the case of an offense under 
     subsection (a)(1) of this section;
       ``(2)(A) except as provided in subparagraph (B), a fine 
     under this title or imprisonment for not more than 3 years, 
     or both, in the case of an offense under subsection (a)(2); 
     or
       ``(B) a fine under this title or imprisonment for not more 
     than ten years, or both, in the case of an offense under 
     subsection (a)(2) of this section, if--
       ``(i) the offense was committed for purposes of commercial 
     advantage or private financial gain;
       ``(ii) the offense was committed in the furtherance of any 
     criminal or tortious act in violation of the Constitution or 
     laws of the United States, or of any State; or
       ``(iii) the value of the information obtained, or that 
     would have been obtained if the offense was completed, 
     exceeds $5,000;
       ``(3) a fine under this title or imprisonment for not more 
     than 10 years, or both, in the case of an offense under 
     subsection (a)(3) of this section;
       ``(4) a fine under this title or imprisonment of not more 
     than 20 years, or both, in the case of an offense under 
     subsection (a)(4) of this section;
       ``(5)(A) except as provided in subparagraph (C), a fine 
     under this title, imprisonment for not more than 20 years, or 
     both, in the case of an offense under subsection (a)(5)(A) of 
     this section, if the offense caused--
       ``(i) loss to 1 or more persons during any 1-year period 
     (and, for purposes of an investigation, prosecution, or other 
     proceeding brought by the United States only, loss resulting 
     from a related course of conduct affecting 1 or more other 
     protected computers) aggregating at least $5,000 in value;
       ``(ii) the modification or impairment, or potential 
     modification or impairment, of the medical examination, 
     diagnosis, treatment, or care of 1 or more individuals;
       ``(iii) physical injury to any person;
       ``(iv) a threat to public health or safety;
       ``(v) damage affecting a computer used by, or on behalf of, 
     an entity of the United States Government in furtherance of 
     the administration of justice, national defense, or national 
     security; or
       ``(vi) damage affecting 10 or more protected computers 
     during any 1-year period;
       ``(B) a fine under this title, imprisonment for not more 
     than 20 years, or both, in the case of an offense under 
     subsection (a)(5)(B), if the offense caused a harm provided 
     in clause (i) through (vi) of subparagraph (A) of this 
     subsection;
       ``(C) if the offender attempts to cause or knowingly or 
     recklessly causes death from conduct in violation of 
     subsection (a)(5)(A), a fine under this title, imprisonment 
     for any term of years or for life, or both;
       ``(D) a fine under this title, imprisonment for not more 
     than 10 years, or both, for any other offense under 
     subsection (a)(5);
       ``(E) a fine under this title or imprisonment for not more 
     than 10 years, or both, in the case of an offense under 
     subsection (a)(6) of this section; or
       ``(F) a fine under this title or imprisonment for not more 
     than 10 years, or both, in the case of an offense under 
     subsection (a)(7) of this section.''.

     SEC. 302. TRAFFICKING IN PASSWORDS.

       Section 1030(a)(6) of title 18, United States Code, is 
     amended to read as follows:
       ``(6) knowingly and with intent to defraud traffics (as 
     defined in section 1029) in any password or similar 
     information or means of access through which a protected 
     computer (as defined in subparagraphs (A) and (B) of 
     subsection (e)(2)) may be accessed without authorization.''.

     SEC. 303. CONSPIRACY AND ATTEMPTED COMPUTER FRAUD OFFENSES.

       Section 1030(b) of title 18, United States Code, is amended 
     by inserting ``as if for the completed offense'' after 
     ``punished as provided''.

     SEC. 304. CRIMINAL AND CIVIL FORFEITURE FOR FRAUD AND RELATED 
                   ACTIVITY IN CONNECTION WITH COMPUTERS.

       Section 1030 of title 18, United States Code, is amended by 
     striking subsections (i) and (j) and inserting the following:
       ``(i) Criminal Forfeiture.--
       ``(1) The court, in imposing sentence on any person 
     convicted of a violation of this section, or convicted of 
     conspiracy to violate this section, shall order, in addition 
     to any other sentence imposed and irrespective of any 
     provision of State law, that such person forfeit to the 
     United States--
       ``(A) such persons interest in any property, real or 
     personal, that was used, or intended to be used, to commit or 
     facilitate the commission of such violation; and
       ``(B) any property, real or personal, constituting or 
     derived from any gross proceeds, or any property traceable to 
     such property, that such person obtained, directly or 
     indirectly, as a result of such violation.
       ``(2) The criminal forfeiture of property under this 
     subsection, including any seizure

[[Page S5768]]

     and disposition of the property, and any related judicial or 
     administrative proceeding, shall be governed by the 
     provisions of section 413 of the Comprehensive Drug Abuse 
     Prevention and Control Act of 1970 (21 U.S.C. 853), except 
     subsection (d) of that section.
       ``(j) Civil Forfeiture.--
       ``(1) The following shall be subject to forfeiture to the 
     United States and no property right, real or personal, shall 
     exist in them:
       ``(A) Any property, real or personal, that was used, or 
     intended to be used, to commit or facilitate the commission 
     of any violation of this section, or a conspiracy to violate 
     this section.
       ``(B) Any property, real or personal, constituting or 
     derived from any gross proceeds obtained directly or 
     indirectly, or any property traceable to such property, as a 
     result of the commission of any violation of this section, or 
     a conspiracy to violate this section.
       ``(2) Seizures and forfeitures under this subsection shall 
     be governed by the provisions in chapter 46 relating to civil 
     forfeitures, except that such duties as are imposed on the 
     Secretary of the Treasury under the customs laws described in 
     section 981(d) shall be performed by such officers, agents 
     and other persons as may be designated for that purpose by 
     the Secretary of Homeland Security or the Attorney 
     General.''.

     SEC. 305. DAMAGE TO CRITICAL INFRASTRUCTURE COMPUTERS.

       (a) In General.--Chapter 47 of title 18, United States 
     Code, is amended by inserting after section 1030 the 
     following:

     ``Sec. 1030A. Aggravated damage to a critical infrastructure 
       computer

       ``(a) Definitions.--In this section--
       ``(1) the term `computer' has the meaning given the term in 
     section 1030;
       ``(2) the term `critical infrastructure computer' means a 
     computer that manages or controls systems or assets vital to 
     national defense, national security, national economic 
     security, public health or safety, or any combination of 
     those matters, whether publicly or privately owned or 
     operated, including--
       ``(A) oil and gas production, storage, conversion, and 
     delivery systems;
       ``(B) water supply systems;
       ``(C) telecommunication networks;
       ``(D) electrical power generation and delivery systems;
       ``(E) finance and banking systems;
       ``(F) emergency services;
       ``(G) transportation systems and services; and
       ``(H) government operations that provide essential services 
     to the public; and
       ``(3) the term `damage' has the meaning given the term in 
     section 1030.
       ``(b) Offense.--It shall be unlawful, during and in 
     relation to a felony violation of section 1030, to knowingly 
     cause or attempt to cause damage to a critical infrastructure 
     computer if the damage results in (or, in the case of an 
     attempt, if completed, would have resulted in) the 
     substantial impairment--
       ``(1) of the operation of the critical infrastructure 
     computer; or
       ``(2) of the critical infrastructure associated with the 
     computer.
       ``(c) Penalty.--Any person who violates subsection (b) 
     shall be--
       ``(1) fined under this title;
       ``(2) imprisoned for not less than 3 years but not more 
     than 20 years; or
       ``(3) penalized under paragraphs (1) and (2).
       ``(d) Consecutive Sentence.--Notwithstanding any other 
     provision of law--
       ``(1) a court shall not place on probation any person 
     convicted of a violation of this section;
       ``(2) except as provided in paragraph (4), no term of 
     imprisonment imposed on a person under this section shall run 
     concurrently with any other term of imprisonment, including 
     any term of imprisonment imposed on the person under any 
     other provision of law, including any term of imprisonment 
     imposed for a felony violation of section 1030;
       ``(3) in determining any term of imprisonment to be imposed 
     for a felony violation of section 1030, a court shall not in 
     any way reduce the term to be imposed for such crime so as to 
     compensate for, or otherwise take into account, any separate 
     term of imprisonment imposed or to be imposed for a violation 
     of this section; and
       ``(4) a term of imprisonment imposed on a person for a 
     violation of this section may, in the discretion of the 
     court, run concurrently, in whole or in part, only with 
     another term of imprisonment that is imposed by the court at 
     the same time on that person for an additional violation of 
     this section, provided that such discretion shall be 
     exercised in accordance with any applicable guidelines and 
     policy statements issued by the United States Sentencing 
     Commission pursuant to section 994 of title 28.''.
       (b) Technical and Conforming Amendment.--The chapter 
     analysis for chapter 47 of title 18, United States Code, is 
     amended by inserting after the item relating to section 1030 
     the following:

``1030A. Aggravated damage to a critical infrastructure computer.''.

     SEC. 306. LIMITATION ON ACTIONS INVOLVING UNAUTHORIZED USE.

       Section 1030(e)(6) of title 18, United States Code, is 
     amended by striking ``alter;'' and inserting ``alter, but 
     does not include access in violation of a contractual 
     obligation or agreement, such as an acceptable use policy or 
     terms of service agreement, with an Internet service 
     provider, Internet website, or non-government employer, if 
     such violation constitutes the sole basis for determining 
     that access to a protected computer is unauthorized;''.

     SEC. 307. NO NEW FUNDING.

       An applicable Federal agency shall carry out the provisions 
     of this title with existing facilities and funds otherwise 
     available, through such means as the head of the agency 
     considers appropriate.

            TITLE IV--CYBERSECURITY RESEARCH AND DEVELOPMENT

     SEC. 401. NATIONAL HIGH-PERFORMANCE COMPUTING PROGRAM 
                   PLANNING AND COORDINATION.

       (a) Goals and Priorities.--Section 101 of the High-
     Performance Computing Act of 1991 (15 U.S.C. 5511) is amended 
     by adding at the end the following:
       ``(d) Goals and Priorities.--The goals and priorities for 
     Federal high-performance computing research, development, 
     networking, and other activities under subsection (a)(2)(A) 
     shall include--
       ``(1) encouraging and supporting mechanisms for 
     interdisciplinary research and development in networking and 
     information technology, including--
       ``(A) through collaborations across agencies;
       ``(B) through collaborations across Program Component 
     Areas;
       ``(C) through collaborations with industry;
       ``(D) through collaborations with institutions of higher 
     education;
       ``(E) through collaborations with Federal laboratories (as 
     defined in section 4 of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3703)); and
       ``(F) through collaborations with international 
     organizations;
       ``(2) addressing national, multi-agency, multi-faceted 
     challenges of national importance; and
       ``(3) fostering the transfer of research and development 
     results into new technologies and applications for the 
     benefit of society.''.
       (b) Development of Strategic Plan.--Section 101 of the 
     High-Performance Computing Act of 1991 (15 U.S.C. 5511) is 
     amended by adding at the end the following:
       ``(e) Strategic Plan.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Strengthening and Enhancing Cybersecurity by 
     Using Research, Education, Information, and Technology Act of 
     2012, the agencies under subsection (a)(3)(B), working 
     through the National Science and Technology Council and with 
     the assistance of the Office of Science and Technology Policy 
     shall develop a 5-year strategic plan to guide the activities 
     under subsection (a)(1).
       ``(2) Contents.--The strategic plan shall specify--
       ``(A) the near-term objectives for the Program;
       ``(B) the long-term objectives for the Program;
       ``(C) the anticipated time frame for achieving the near-
     term objectives;
       ``(D) the metrics that will be used to assess any progress 
     made toward achieving the near-term objectives and the long-
     term objectives; and
       ``(E) how the Program will achieve the goals and priorities 
     under subsection (d).
       ``(3) Implementation roadmap.--
       ``(A) In general.--The agencies under subsection (a)(3)(B) 
     shall develop and annually update an implementation roadmap 
     for the strategic plan.
       ``(B) Requirements.--The information in the implementation 
     roadmap shall be coordinated with the database under section 
     102(c) and the annual report under section 101(a)(3). The 
     implementation roadmap shall--
       ``(i) specify the role of each Federal agency in carrying 
     out or sponsoring research and development to meet the 
     research objectives of the strategic plan, including a 
     description of how progress toward the research objectives 
     will be evaluated, with consideration of any relevant 
     recommendations of the advisory committee;
       ``(ii) specify the funding allocated to each major research 
     objective of the strategic plan and the source of funding by 
     agency for the current fiscal year; and
       ``(iii) estimate the funding required for each major 
     research objective of the strategic plan for the next 3 
     fiscal years.
       ``(4) Recommendations.--The agencies under subsection 
     (a)(3)(B) shall take into consideration when developing the 
     strategic plan under paragraph (1) the recommendations of--
       ``(A) the advisory committee under subsection (b); and
       ``(B) the stakeholders under section 102(a)(3).
       ``(5) Report to congress.--The Director of the Office of 
     Science and Technology Policy shall transmit the strategic 
     plan under this subsection, including the implementation 
     roadmap and any updates under paragraph (3), to--
       ``(A) the advisory committee under subsection (b);
       ``(B) the Committee on Commerce, Science, and 
     Transportation of the Senate; and
       ``(C) the Committee on Science and Technology of the House 
     of Representatives.''.
       (c) Periodic Reviews.--Section 101 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5511) is amended by adding 
     at the end the following:
       ``(f) Periodic Reviews.--The agencies under subsection 
     (a)(3)(B) shall--
       ``(1) periodically assess the contents and funding levels 
     of the Program Component

[[Page S5769]]

     Areas and restructure the Program when warranted, taking into 
     consideration any relevant recommendations of the advisory 
     committee under subsection (b); and
       ``(2) ensure that the Program includes national, multi-
     agency, multi-faceted research and development activities, 
     including activities described in section 104.''.
       (d) Additional Responsibilities of Director.--Section 
     101(a)(2) of the High-Performance Computing Act of 1991 (15 
     U.S.C. 5511(a)(2)) is amended--
       (1) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (G) and (H), respectively; and
       (2) by inserting after subparagraph (D) the following:
       ``(E) encourage and monitor the efforts of the agencies 
     participating in the Program to allocate the level of 
     resources and management attention necessary--
       ``(i) to ensure that the strategic plan under subsection 
     (e) is developed and executed effectively; and
       ``(ii) to ensure that the objectives of the Program are 
     met;
       ``(F) working with the Office of Management and Budget and 
     in coordination with the creation of the database under 
     section 102(c), direct the Office of Science and Technology 
     Policy and the agencies participating in the Program to 
     establish a mechanism (consistent with existing law) to track 
     all ongoing and completed research and development projects 
     and associated funding;''.
       (e) Advisory Committee.--Section 101(b) of the High-
     Performance Computing Act of 1991 (15 U.S.C. 5511(b)) is 
     amended--
       (1) in paragraph (1)--
       (A) by inserting after the first sentence the following: 
     ``The co-chairs of the advisory committee shall meet the 
     qualifications of committee members and may be members of the 
     Presidents Council of Advisors on Science and Technology.''; 
     and
       (B) by striking ``high-performance'' in subparagraph (D) 
     and inserting ``high-end''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) In addition to the duties under paragraph (1), the 
     advisory committee shall conduct periodic evaluations of the 
     funding, management, coordination, implementation, and 
     activities of the Program. The advisory committee shall 
     report its findings and recommendations not less frequently 
     than once every 3 fiscal years to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Science and Technology of the House of Representatives. 
     The report shall be submitted in conjunction with the update 
     of the strategic plan.''.
       (f) Report.--Section 101(a)(3) of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5511(a)(3)) is amended--
       (1) in subparagraph (C)--
       (A) by striking ``is submitted,'' and inserting ``is 
     submitted, the levels for the previous fiscal year,''; and
       (B) by striking ``each Program Component Area'' and 
     inserting ``each Program Component Area and each research 
     area supported in accordance with section 104'';
       (2) in subparagraph (D)--
       (A) by striking ``each Program Component Area,'' and 
     inserting ``each Program Component Area and each research 
     area supported in accordance with section 104,'';
       (B) by striking ``is submitted,'' and inserting ``is 
     submitted, the levels for the previous fiscal year,''; and
       (C) by striking ``and'' after the semicolon;
       (3) by redesignating subparagraph (E) as subparagraph (G); 
     and
       (4) by inserting after subparagraph (D) the following:
       ``(E) include a description of how the objectives for each 
     Program Component Area, and the objectives for activities 
     that involve multiple Program Component Areas, relate to the 
     objectives of the Program identified in the strategic plan 
     under subsection (e);
       ``(F) include--
       ``(i) a description of the funding required by the Office 
     of Science and Technology Policy to perform the functions 
     under subsections (a) and (c) of section 102 for the next 
     fiscal year by category of activity;
       ``(ii) a description of the funding required by the Office 
     of Science and Technology Policy to perform the functions 
     under subsections (a) and (c) of section 102 for the current 
     fiscal year by category of activity; and
       ``(iii) the amount of funding provided for the Office of 
     Science and Technology Policy for the current fiscal year by 
     each agency participating in the Program; and''.
       (g) Definitions.--Section 4 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5503) is amended--
       (1) by redesignating paragraphs (1) and (2) as paragraphs 
     (2) and (3), respectively;
       (2) by redesignating paragraph (3) as paragraph (6);
       (3) by redesignating paragraphs (6) and (7) as paragraphs 
     (7) and (8), respectively;
       (4) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) `cyber-physical systems' means physical or engineered 
     systems whose networking and information technology functions 
     and physical elements are deeply integrated and are actively 
     connected to the physical world through sensors, actuators, 
     or other means to perform monitoring and control 
     functions;'';
       (5) in paragraph (3), as redesignated, by striking ``high-
     performance computing'' and inserting ``networking and 
     information technology'';
       (6) in paragraph (6), as redesignated--
       (A) by striking ``high-performance computing'' and 
     inserting ``networking and information technology''; and
       (B) by striking ``supercomputer'' and inserting ``high-end 
     computing'';
       (7) in paragraph (5), by striking ``network referred to 
     as'' and all that follows through the semicolon and inserting 
     ``network, including advanced computer networks of Federal 
     agencies and departments''; and
       (8) in paragraph (7), as redesignated, by striking 
     ``National High-Performance Computing Program'' and inserting 
     ``networking and information technology research and 
     development program''.

     SEC. 402. RESEARCH IN AREAS OF NATIONAL IMPORTANCE.

       (a) Research in Areas of National Importance.--Title I of 
     the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 104. RESEARCH IN AREAS OF NATIONAL IMPORTANCE.

       ``(a) In General.--The Program shall encourage agencies 
     under section 101(a)(3)(B) to support, maintain, and improve 
     national, multi-agency, multi-faceted, research and 
     development activities in networking and information 
     technology directed toward application areas that have the 
     potential for significant contributions to national economic 
     competitiveness and for other significant societal benefits.
       ``(b) Technical Solutions.--An activity under subsection 
     (a) shall be designed to advance the development of research 
     discoveries by demonstrating technical solutions to important 
     problems in areas including--
       ``(1) cybersecurity;
       ``(2) health care;
       ``(3) energy management and low-power systems and devices;
       ``(4) transportation, including surface and air 
     transportation;
       ``(5) cyber-physical systems;
       ``(6) large-scale data analysis and modeling of physical 
     phenomena;
       ``(7) large scale data analysis and modeling of behavioral 
     phenomena;
       ``(8) supply chain quality and security; and
       ``(9) privacy protection and protected disclosure of 
     confidential data.
       ``(c) Recommendations.--The advisory committee under 
     section 101(b) shall make recommendations to the Program for 
     candidate research and development areas for support under 
     this section.
       ``(d) Characteristics.--
       ``(1) In general.--Research and development activities 
     under this section--
       ``(A) shall include projects selected on the basis of 
     applications for support through a competitive, merit-based 
     process;
       ``(B) shall leverage, when possible, Federal investments 
     through collaboration with related State initiatives;
       ``(C) shall include a plan for fostering the transfer of 
     research discoveries and the results of technology 
     demonstration activities, including from institutions of 
     higher education and Federal laboratories, to industry for 
     commercial development;
       ``(D) shall involve collaborations among researchers in 
     institutions of higher education and industry; and
       ``(E) may involve collaborations among nonprofit research 
     institutions and Federal laboratories, as appropriate.
       ``(2) Cost-sharing.--In selecting applications for support, 
     the agencies under section 101(a)(3)(B) shall give special 
     consideration to projects that include cost sharing from non-
     Federal sources.
       ``(3) Multidisciplinary research centers.--Research and 
     development activities under this section shall be supported 
     through multidisciplinary research centers, including Federal 
     laboratories, that are organized to investigate basic 
     research questions and carry out technology demonstration 
     activities in areas described in subsection (a). Research may 
     be carried out through existing multidisciplinary centers, 
     including those authorized under section 7024(b)(2) of the 
     America COMPETES Act (42 U.S.C. 1862o-10(2)).''.
       (b) Cyber-Physical Systems.--Section 101(a)(1) of the High-
     Performance Computing Act of 1991 (15 U.S.C. 5511(a)(1)) is 
     amended--
       (1) in subparagraph (H), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (I), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(J) provide for increased understanding of the scientific 
     principles of cyber-physical systems and improve the methods 
     available for the design, development, and operation of 
     cyber-physical systems that are characterized by high 
     reliability, safety, and security; and
       ``(K) provide for research and development on human-
     computer interactions, visualization, and big data.''.
       (c) Task Force.--Title I of the High-Performance Computing 
     Act of 1991 (15 U.S.C. 5511 et seq.), as amended by section 
     402(a) of this Act, is amended by adding at the end the 
     following:

     ``SEC. 105. TASK FORCE.

       ``(a) Establishment.--Not later than 180 days after the 
     date of enactment the Strengthening and Enhancing 
     Cybersecurity by Using Research, Education, Information, and 
     Technology Act of 2012, the Director of the Office of Science 
     and Technology Policy under section 102 shall convene a task 
     force

[[Page S5770]]

     to explore mechanisms for carrying out collaborative research 
     and development activities for cyber-physical systems 
     (including the related technologies required to enable these 
     systems) through a consortium or other appropriate entity 
     with participants from institutions of higher education, 
     Federal laboratories, and industry.
       ``(b) Functions.--The task force shall--
       ``(1) develop options for a collaborative model and an 
     organizational structure for such entity under which the 
     joint research and development activities could be planned, 
     managed, and conducted effectively, including mechanisms for 
     the allocation of resources among the participants in such 
     entity for support of such activities;
       ``(2) propose a process for developing a research and 
     development agenda for such entity, including guidelines to 
     ensure an appropriate scope of work focused on nationally 
     significant challenges and requiring collaboration and to 
     ensure the development of related scientific and 
     technological milestones;
       ``(3) define the roles and responsibilities for the 
     participants from institutions of higher education, Federal 
     laboratories, and industry in such entity;
       ``(4) propose guidelines for assigning intellectual 
     property rights and for transferring research results to the 
     private sector; and
       ``(5) make recommendations for how such entity could be 
     funded from Federal, State, and non-governmental sources.
       ``(c) Composition.--In establishing the task force under 
     subsection (a), the Director of the Office of Science and 
     Technology Policy shall appoint an equal number of 
     individuals from institutions of higher education and from 
     industry with knowledge and expertise in cyber-physical 
     systems, and may appoint not more than 2 individuals from 
     Federal laboratories.
       ``(d) Report.--Not later than 1 year after the date of 
     enactment of the Strengthening and Enhancing Cybersecurity by 
     Using Research, Education, Information, and Technology Act of 
     2012, the Director of the Office of Science and Technology 
     Policy shall transmit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Science 
     and Technology of the House of Representatives a report 
     describing the findings and recommendations of the task 
     force.
       ``(e) Termination.--The task force shall terminate upon 
     transmittal of the report required under subsection (d).
       ``(f) Compensation and Expenses.--Members of the task force 
     shall serve without compensation.''.

     SEC. 403. PROGRAM IMPROVEMENTS.

       Section 102 of the High-Performance Computing Act of 1991 
     (15 U.S.C. 5512) is amended to read as follows:

     ``SEC. 102. PROGRAM IMPROVEMENTS.

       ``(a) Functions.--The Director of the Office of Science and 
     Technology Policy shall continue--
       ``(1) to provide technical and administrative support to--
       ``(A) the agencies participating in planning and 
     implementing the Program, including support needed to develop 
     the strategic plan under section 101(e); and
       ``(B) the advisory committee under section 101(b);
       ``(2) to serve as the primary point of contact on Federal 
     networking and information technology activities for 
     government agencies, academia, industry, professional 
     societies, State computing and networking technology 
     programs, interested citizen groups, and others to exchange 
     technical and programmatic information;
       ``(3) to solicit input and recommendations from a wide 
     range of stakeholders during the development of each 
     strategic plan under section 101(e) by convening at least 1 
     workshop with invitees from academia, industry, Federal 
     laboratories, and other relevant organizations and 
     institutions;
       ``(4) to conduct public outreach, including the 
     dissemination of the advisory committee's findings and 
     recommendations, as appropriate;
       ``(5) to promote access to and early application of the 
     technologies, innovations, and expertise derived from Program 
     activities to agency missions and systems across the Federal 
     Government and to United States industry;
       ``(6) to ensure accurate and detailed budget reporting of 
     networking and information technology research and 
     development investment; and
       ``(7) to encourage agencies participating in the Program to 
     use existing programs and resources to strengthen networking 
     and information technology education and training, and 
     increase participation in such fields, including by women and 
     underrepresented minorities.
       ``(b) Source of Funding.--
       ``(1) In general.--The functions under this section shall 
     be supported by funds from each agency participating in the 
     Program.
       ``(2) Specifications.--The portion of the total budget of 
     the Office of Science and Technology Policy that is provided 
     by each agency participating in the Program for each fiscal 
     year shall be in the same proportion as each agency's share 
     of the total budget for the Program for the previous fiscal 
     year, as specified in the database under section 102(c).
       ``(c) Database.--
       ``(1) In general.--The Director of the Office of Science 
     and Technology Policy shall develop and maintain a database 
     of projects funded by each agency for the fiscal year for 
     each Program Component Area.
       ``(2) Public accessibility.--The Director of the Office of 
     Science and Technology Policy shall make the database 
     accessible to the public.
       ``(3) Database contents.--The database shall include, for 
     each project in the database--
       ``(A) a description of the project;
       ``(B) each agency, industry, institution of higher 
     education, Federal laboratory, or international institution 
     involved in the project;
       ``(C) the source funding of the project (set forth by 
     agency);
       ``(D) the funding history of the project; and
       ``(E) whether the project has been completed.''.

     SEC. 404. IMPROVING EDUCATION OF NETWORKING AND INFORMATION 
                   TECHNOLOGY, INCLUDING HIGH PERFORMANCE 
                   COMPUTING.

       Section 201(a) of the High-Performance Computing Act of 
     1991 (15 U.S.C. 5521(a)) is amended--
       (1) by redesignating paragraphs (2) through (4) as 
     paragraphs (3) through (5), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) the National Science Foundation shall use its 
     existing programs, in collaboration with other agencies, as 
     appropriate, to improve the teaching and learning of 
     networking and information technology at all levels of 
     education and to increase participation in networking and 
     information technology fields;''.

     SEC. 405. CONFORMING AND TECHNICAL AMENDMENTS TO THE HIGH-
                   PERFORMANCE COMPUTING ACT OF 1991.

       (a) Section 3.--Section 3 of the High-Performance Computing 
     Act of 1991 (15 U.S.C. 5502) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``high-performance computing'' and inserting ``networking and 
     information technology'';
       (2) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``high-performance computing'' and inserting ``networking and 
     information technology'';
       (B) in subparagraphs (A), (F), and (G), by striking ``high-
     performance computing'' each place it appears and inserting 
     ``networking and information technology''; and
       (C) in subparagraph (H), by striking ``high-performance'' 
     and inserting ``high-end''; and
       (3) in paragraph (2)--
       (A) by striking ``high-performance computing and'' and 
     inserting ``networking and information technology, and''; and
       (B) by striking ``high-performance computing network'' and 
     inserting ``networking and information technology''.
       (b) Title Heading.--The heading of title I of the High-
     Performance Computing Act of 1991 (105 Stat. 1595) is amended 
     by striking ``HIGH-PERFORMANCE COMPUTING'' and inserting 
     ``NETWORKING AND INFORMATION TECHNOLOGY''.
       (c) Section 101.--Section 101 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5511) is amended--
       (1) in the section heading, by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technology research and development'';
       (2) in subsection (a)--
       (A) in the subsection heading, by striking ``National High-
     Performance Computing'' and inserting ``Networking and 
     Information Technology Research and Development'';
       (B) in paragraph (1)--
       (i) by striking ``National High-Performance Computing 
     Program'' and inserting ``networking and information 
     technology research and development program'';
       (ii) in subparagraph (A), by striking ``high-performance 
     computing, including networking'' and inserting ``networking 
     and information technology'';
       (iii) in subparagraphs (B) and (G), by striking ``high-
     performance'' each place it appears and inserting ``high-
     end''; and
       (iv) in subparagraph (C), by striking ``high-performance 
     computing and networking'' and inserting ``high-end 
     computing, distributed, and networking''; and
       (C) in paragraph (2)--
       (i) in subparagraphs (A) and (C)--

       (I) by striking ``high-performance computing'' each place 
     it appears and inserting ``networking and information 
     technology''; and
       (II) by striking ``development, networking,'' each place it 
     appears and inserting ``development,''; and

       (ii) in subparagraphs (G) and (H), as redesignated by 
     section 401(d) of this Act, by striking ``high-performance'' 
     each place it appears and inserting ``high-end'';
       (3) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by striking ``high-performance computing'' 
     each place it appears and inserting ``networking and 
     information technology''; and
       (4) in subsection (c)(1)(A), by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technology''.
       (d) Section 201.--Section 201(a)(1) of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5521(a)(1)) is amended by 
     striking ``high-performance computing and advanced high-speed 
     computer networking'' and inserting ``networking and 
     information technology research and development''.
       (e) Section 202.--Section 202(a) of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5522(a)) is amended by 
     striking ``high-

[[Page S5771]]

     performance computing'' and inserting ``networking and 
     information technology''.
       (f) Section 203.--Section 203(a) of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5523(a)) is amended--
       (1) in paragraph (1), by striking ``high-performance 
     computing and networking'' and inserting ``networking and 
     information technology''; and
       (2) in paragraph (2)(A), by striking ``high-performance'' 
     and inserting ``high-end''.
       (g) Section 204.--Section 204 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5524) is amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (A), by striking ``high-performance 
     computing systems and networks'' and inserting ``networking 
     and information technology systems and capabilities'';
       (B) in subparagraph (B), by striking ``interoperability of 
     high-performance computing systems in networks and for common 
     user interfaces to systems'' and inserting ``interoperability 
     and usability of networking and information technology 
     systems''; and
       (C) in subparagraph (C), by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technology''; and
       (2) in subsection (b)--
       (A) by striking ``High-Performance Computing and Network'' 
     in the heading and inserting ``Networking and Information 
     Technology''; and
       (B) by striking ``sensitive''.
       (h) Section 205.--Section 205(a) of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5525(a)) is amended by 
     striking ``computational'' and inserting ``networking and 
     information technology''.
       (i) Section 206.--Section 206(a) of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5526(a)) is amended by 
     striking ``computational research'' and inserting 
     ``networking and information technology research''.
       (j) Section 207.--Section 207 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5527) is amended by striking 
     ``high-performance computing'' and inserting ``networking and 
     information technology''.
       (k) Section 208.--Section 208 of the High-Performance 
     Computing Act of 1991 (15 U.S.C. 5528) is amended--
       (1) in the section heading, by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technology''; and
       (2) in subsection (a)--
       (A) in paragraph (1), by striking ``High-performance 
     computing and associated'' and inserting ``Networking and 
     information'';
       (B) in paragraph (2), by striking ``high-performance 
     computing'' and inserting ``networking and information 
     technologies'';
       (C) in paragraph (3), by striking ``high-performance'' and 
     inserting ``high-end'';
       (D) in paragraph (4), by striking ``high-performance 
     computers and associated'' and inserting ``networking and 
     information''; and
       (E) in paragraph (5), by striking ``high-performance 
     computing and associated'' and inserting ``networking and 
     information''.

     SEC. 406. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.

       (a) In General.--The Director of the National Science 
     Foundation, in coordination with the Secretary of Homeland 
     Security, shall carry out a Federal cyber scholarship-for-
     service program to recruit and train the next generation of 
     information technology professionals and security managers to 
     meet the needs of the cybersecurity mission for the Federal 
     government.
       (b) Program Description and Components.--The program 
     shall--
       (1) annually assess the workforce needs of the Federal 
     government for cybersecurity professionals, including network 
     engineers, software engineers, and other experts in order to 
     determine how many scholarships should be awarded annually to 
     ensure that the workforce needs following graduation match 
     the number of scholarships awarded;
       (2) provide scholarships for up to 1,000 students per year 
     in their pursuit of undergraduate or graduate degrees in the 
     cybersecurity field, in an amount that may include coverage 
     for full tuition, fees, and a stipend;
       (3) require each scholarship recipient, as a condition of 
     receiving a scholarship under the program, to serve in a 
     Federal information technology workforce for a period equal 
     to one and one-half times each year, or partial year, of 
     scholarship received, in addition to an internship in the 
     cybersecurity field, if applicable, following graduation;
       (4) provide a procedure for the National Science Foundation 
     or a Federal agency, consistent with regulations of the 
     Office of Personnel Management, to request and fund a 
     security clearance for a scholarship recipient, including 
     providing for clearance during a summer internship and upon 
     graduation; and
       (5) provide opportunities for students to receive temporary 
     appointments for meaningful employment in the Federal 
     information technology workforce during school vacation 
     periods and for internships.
       (c) Hiring Authority.--
       (1) In general.--For purposes of any law or regulation 
     governing the appointment of an individual in the Federal 
     civil service, upon the successful completion of the 
     student's studies, a student receiving a scholarship under 
     the program may--
       (A) be hired under section 213.3102(r) of title 5, Code of 
     Federal Regulations; and
       (B) be exempt from competitive service.
       (2) Competitive service.--Upon satisfactory fulfillment of 
     the service term under paragraph (1), an individual may be 
     converted to a competitive service position without 
     competition if the individual meets the requirements for that 
     position.
       (d) Eligibility.--The eligibility requirements for a 
     scholarship under this section shall include that a 
     scholarship applicant--
       (1) be a citizen of the United States;
       (2) be eligible to be granted a security clearance;
       (3) maintain a grade point average of 3.2 or above on a 4.0 
     scale for undergraduate study or a 3.5 or above on a 4.0 
     scale for postgraduate study;
       (4) demonstrate a commitment to a career in improving the 
     security of the information infrastructure; and
       (5) has demonstrated a level of proficiency in math or 
     computer sciences.
       (e) Failure to Complete Service Obligation.--
       (1) In general.--A scholarship recipient under this section 
     shall be liable to the United States under paragraph (2) if 
     the scholarship recipient--
       (A) fails to maintain an acceptable level of academic 
     standing in the educational institution in which the 
     individual is enrolled, as determined by the Director;
       (B) is dismissed from such educational institution for 
     disciplinary reasons;
       (C) withdraws from the program for which the award was made 
     before the completion of such program;
       (D) declares that the individual does not intend to fulfill 
     the service obligation under this section;
       (E) fails to fulfill the service obligation of the 
     individual under this section; or
       (F) loses a security clearance or becomes ineligible for a 
     security clearance.
       (2) Repayment amounts.--
       (A) Less than 1 year of service.--If a circumstance under 
     paragraph (1) occurs before the completion of 1 year of a 
     service obligation under this section, the total amount of 
     awards received by the individual under this section shall be 
     repaid.
       (B) One or more years of service.--If a circumstance 
     described in subparagraph (D) or (E) of paragraph (1) occurs 
     after the completion of 1 year of a service obligation under 
     this section, the total amount of scholarship awards received 
     by the individual under this section, reduced by the ratio of 
     the number of years of service completed divided by the 
     number of years of service required, shall be repaid.
       (f) Evaluation and Report.--The Director of the National 
     Science Foundation shall--
       (1) evaluate the success of recruiting individuals for 
     scholarships under this section and of hiring and retaining 
     those individuals in the public sector workforce, including 
     the annual cost and an assessment of how the program actually 
     improves the Federal workforce; and
       (2) periodically report the findings under paragraph (1) to 
     Congress.
       (g) Authorization of Appropriations.--From amounts made 
     available under section 503 of the America COMPETES 
     Reauthorization Act of 2010 (124 Stat. 4005), the Director 
     may use funds to carry out the requirements of this section 
     for fiscal years 2012 through 2013.

     SEC. 407. STUDY AND ANALYSIS OF CERTIFICATION AND TRAINING OF 
                   INFORMATION INFRASTRUCTURE PROFESSIONALS.

       (a) Study.--The President shall enter into an agreement 
     with the National Academies to conduct a comprehensive study 
     of government, academic, and private-sector accreditation, 
     training, and certification programs for personnel working in 
     information infrastructure. The agreement shall require the 
     National Academies to consult with sector coordinating 
     councils and relevant governmental agencies, regulatory 
     entities, and nongovernmental organizations in the course of 
     the study.
       (b) Scope.--The study shall include--
       (1) an evaluation of the body of knowledge and various 
     skills that specific categories of personnel working in 
     information infrastructure should possess in order to secure 
     information systems;
       (2) an assessment of whether existing government, academic, 
     and private-sector accreditation, training, and certification 
     programs provide the body of knowledge and various skills 
     described in paragraph (1);
       (3) an analysis of any barriers to the Federal Government 
     recruiting and hiring cybersecurity talent, including 
     barriers relating to compensation, the hiring process, job 
     classification, and hiring flexibility; and
       (4) an analysis of the sources and availability of 
     cybersecurity talent, a comparison of the skills and 
     expertise sought by the Federal Government and the private 
     sector, an examination of the current and future capacity of 
     United States institutions of higher education, including 
     community colleges, to provide current and future 
     cybersecurity professionals, through education and training 
     activities, with those skills sought by the Federal 
     Government, State and local entities, and the private sector.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the National Academies shall submit to 
     the President and Congress a report on the results of the 
     study. The report shall include--
       (1) findings regarding the state of information 
     infrastructure accreditation, training, and certification 
     programs, including specific areas of deficiency and 
     demonstrable progress; and
       (2) recommendations for the improvement of information 
     infrastructure accreditation, training, and certification 
     programs.

[[Page S5772]]

     SEC. 408. INTERNATIONAL CYBERSECURITY TECHNICAL STANDARDS.

       (a) In General.--The Director of the National Institute of 
     Standards and Technology, in coordination with appropriate 
     Federal authorities, shall--
       (1) as appropriate, ensure coordination of Federal agencies 
     engaged in the development of international technical 
     standards related to information system security; and
       (2) not later than 1 year after the date of enactment of 
     this Act, develop and transmit to Congress a plan for 
     ensuring such Federal agency coordination.
       (b) Consultation With the Private Sector.--In carrying out 
     the activities under subsection (a)(1), the Director shall 
     ensure consultation with appropriate private sector 
     stakeholders.

     SEC. 409. IDENTITY MANAGEMENT RESEARCH AND DEVELOPMENT.

       The Director of the National Institute of Standards and 
     Technology shall continue a program to support the 
     development of technical standards, metrology, testbeds, and 
     conformance criteria, taking into account appropriate user 
     concerns--
       (1) to improve interoperability among identity management 
     technologies;
       (2) to strengthen authentication methods of identity 
     management systems;
       (3) to improve privacy protection in identity management 
     systems, including health information technology systems, 
     through authentication and security protocols; and
       (4) to improve the usability of identity management 
     systems.

     SEC. 410. FEDERAL CYBERSECURITY RESEARCH AND DEVELOPMENT.

       (a) National Science Foundation Computer and Network 
     Security Research Grant Areas.--Section 4(a)(1) of the Cyber 
     Security Research and Development Act (15 U.S.C. 7403(a)(1)) 
     is amended--
       (1) in subparagraph (H), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (I), by striking ``property.'' and 
     inserting ``property;''; and
       (3) by adding at the end the following:
       ``(J) secure fundamental protocols that are at the heart of 
     inter-network communications and data exchange;
       ``(K) system security that addresses the building of secure 
     systems from trusted and untrusted components;
       ``(L) monitoring and detection; and
       ``(M) resiliency and rapid recovery methods.''.
       (b) National Science Foundation Computer and Network 
     Security Grants.--Section 4(a)(3) of the Cyber Security 
     Research and Development Act (15 U.S.C. 7403(a)(3)) is 
     amended--
       (1) in subparagraph (D), by striking ``and'';
       (2) in subparagraph (E), by striking ``2007.'' and 
     inserting ``2007;''; and
       (3) by adding at the end the following:
       ``(F) such funds from amounts made available under section 
     503 of the America COMPETES Reauthorization Act of 2010 (124 
     Stat. 4005), as the Director finds necessary to carry out the 
     requirements of this subsection for fiscal years 2012 through 
     2013.''.
       (c) Computer and Network Security Centers.--Section 4(b)(7) 
     of the Cyber Security Research and Development Act (15 U.S.C. 
     7403(b)(7)) is amended--
       (1) in subparagraph (D), by striking ``and'';
       (2) in subparagraph (E), by striking ``2007.'' and 
     inserting ``2007;''; and
       (3) by adding at the end the following:
       ``(F) such funds from amounts made available under section 
     503 of the America COMPETES Reauthorization Act of 2010 (124 
     Stat. 4005), as the Director finds necessary to carry out the 
     requirements of this subsection for fiscal years 2012 through 
     2013.''.
       (d) Computer and Network Security Capacity Building 
     Grants.--Section 5(a)(6) of the Cyber Security Research and 
     Development Act (15 U.S.C. 7404(a)(6)) is amended--
       (1) in subparagraph (D), by striking ``and'';
       (2) in subparagraph (E), by striking ``2007.'' and 
     inserting ``2007;''; and
       (3) by adding at the end the following:
       ``(F) such funds from amounts made available under section 
     503 of the America COMPETES Reauthorization Act of 2010 (124 
     Stat. 4005), as the Director finds necessary to carry out the 
     requirements of this subsection for fiscal years 2012 through 
     2013.''.
       (e) Scientific and Advanced Technology Act Grants.--Section 
     5(b)(2) of the Cyber Security Research and Development Act 
     (15 U.S.C. 7404(b)(2)) is amended--
       (1) in subparagraph (D), by striking ``and'';
       (2) in subparagraph (E), by striking ``2007.'' and 
     inserting ``2007;''; and
       (3) by adding at the end the following:
       ``(F) such funds from amounts made available under section 
     503 of the America COMPETES Reauthorization Act of 2010 (124 
     Stat. 4005), as the Director finds necessary to carry out the 
     requirements of this subsection for fiscal years 2012 through 
     2013.''.
       (f) Graduate Traineeships in Computer and Network Security 
     Research.--Section 5(c)(7) of the Cyber Security Research and 
     Development Act (15 U.S.C. 7404(c)(7)) is amended--
       (1) in subparagraph (D), by striking ``and'';
       (2) in subparagraph (E), by striking ``2007.'' and 
     inserting ``2007;''; and
       (3) by adding at the end the following:
       ``(F) such funds from amounts made available under section 
     503 of the America COMPETES Reauthorization Act of 2010 (124 
     Stat. 4005), as the Director finds necessary to carry out the 
     requirements of this subsection for fiscal years 2012 through 
     2013.''.
                                 ______
                                 
  SA 2697. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF SENATE ON APPOINTMENT BY THE ATTORNEY 
                   GENERAL OF AN OUTSIDE SPECIAL COUNSEL TO 
                   INVESTIGATE CERTAIN RECENT LEAKS OF APPARENTLY 
                   CLASSIFIED AND HIGHLY SENSITIVE INFORMATION ON 
                   UNITED STATES MILITARY AND INTELLIGENCE PLANS, 
                   PROGRAMS, AND OPERATIONS.

       (a) Findings.--The Senate makes the following findings:
       (1) Over the past few weeks, several publications have been 
     released that cite several highly sensitive United States 
     military and intelligence counterterrorism plans, programs, 
     and operations.
       (2) These publications appear to be based in substantial 
     part on unauthorized disclosures of classified information.
       (3) The unauthorized disclosure of classified information 
     is a felony under Federal law.
       (4) The identity of the sources in these publications 
     include senior administration officials, participants in 
     these reported plans, programs, and operations, and current 
     American officials who spoke anonymously about these reported 
     plans, programs, and operations because they remain 
     classified, parts of them are ongoing, or both.
       (5) Such unauthorized disclosures may inhibit the ability 
     of the United States to employ the same or similar plans, 
     programs, or operations in the future; put at risk the 
     national security of the United States and the safety of the 
     men and women sworn to protect it; and dismay our allies.
       (6) Under Federal law, the Attorney General may appoint an 
     outside special counsel when an investigation or prosecution 
     would present a conflict of interest or other extraordinary 
     circumstances and when doing so would serve the public 
     interest.
       (7) Investigations of unauthorized disclosures of 
     classified information are ordinarily conducted by the 
     Federal Bureau of Investigation with assistance from 
     prosecutors in the National Security Division of the 
     Department of Justice.
       (8) There is precedent for officials in the National 
     Security Division of the Department of Justice to recuse 
     itself from such investigations to avoid even the appearance 
     of impropriety or undue influence, and it appears that there 
     have been such recusals with respect to the investigation of 
     at least one of these unauthorized disclosures.
       (9) Such recusals are indicative of the serious 
     complications already facing the Department of Justice in 
     investigating these matters.
       (10) The severity of the national security implications of 
     these disclosures; the imperative for investigations of these 
     disclosures to be conducted independently so as to avoid even 
     the appearance of impropriety or undue influence; and the 
     need to conduct these investigations expeditiously to ensure 
     timely mitigation constitute extraordinary circumstances.
       (11) For the foregoing reasons, the appointment of an 
     outside special counsel would serve the public interest.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the Attorney General should--
       (A) delegate to an outside special counsel all of the 
     authority of the Attorney General with respect to 
     investigations by the Department of Justice of any and all 
     unauthorized disclosures of classified and highly sensitive 
     information related to various United States military and 
     intelligence plans, programs, and operations reported in 
     recent publications; and
       (B) direct an outside special counsel to exercise that 
     authority independently of the supervision or control of any 
     officer of the Department of Justice;
       (2) under such authority, the outside special counsel 
     should investigate any and all unauthorized disclosures of 
     classified and highly sensitive information on which such 
     recent publications were based and, where appropriate, 
     prosecute those responsible; and
       (3) the President should assess--
       (A) whether any such unauthorized disclosures of classified 
     and highly sensitive information damaged the national 
     security of the United States; and
       (B) how such damage can be mitigated.
                                 ______
                                 
  SA 2698. Mr. PORTMAN submitted an amendment intended to be proposed 
by him to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       At the end, add the following:

             TITLE __--RESPONSE TO CONGRESSIONAL INQUIRIES

     SEC. __1. RESPONSE TO CONGRESSIONAL INQUIRIES REGARDING 
                   PUBLIC RELATIONS SPENDING BY THE DEPARTMENT OF 
                   HEALTH AND HUMAN SERVICES.

       Not later than 7 days after the date of the enactment of 
     this Act, the Secretary of Health and Human Services shall 
     respond in full to the following congressional inquiries:
       (1) The letter dated February 28, 2012, from the Chairman 
     and Ranking Member of the Subcommittee on Contracting 
     Oversight of

[[Page S5773]]

     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, requesting certain information regarding 
     Department of Health and Human Services contracts for the 
     acquisition of public relations, publicity, advertising, 
     communications, or similar services.
       (2) The follow-up letter dated May 22, 2012, from the 
     Ranking Member of the Subcommittee on Contracting Oversight 
     of the Committee on Homeland Security and Governmental 
     Affairs of the Senate, requesting information regarding a 
     reported $20,000,000 Department of Health and Human Services 
     contract with a public relations firm.
                                 ______
                                 
  SA 2699. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:
       At the appropriate place, insert the following:

                       TITLE __--REPEAL OF PPACA

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Repealing the Job-Killing 
     Health Care Law Act''.

     SEC. _02. REPEAL OF THE JOB-KILLING HEALTH CARE LAW AND 
                   HEALTH CARE-RELATED PROVISIONS IN THE HEALTH 
                   CARE AND EDUCATION RECONCILIATION ACT OF 2010.

       (a) Job-Killing Health Care Law.--Effective as of the 
     enactment of Public Law 111-148, such Act is repealed, and 
     the provisions of law amended or repealed by such Act are 
     restored or revived as if such Act had not been enacted.
       (b) Health Care-Related Provisions in the Health Care and 
     Education Reconciliation Act of 2010.--Effective as of the 
     enactment of the Health Care and Education Reconciliation Act 
     of 2010 (Public Law 111-152), title I and subtitle B of title 
     II of such Act are repealed, and the provisions of law 
     amended or repealed by such title or subtitle, respectively, 
     are restored or revived as if such title and subtitle had not 
     been enacted.

     SEC. _03. BUDGETARY EFFECTS OF THIS ACT.

       The budgetary effects of this title, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this title, 
     submitted for printing in the Congressional Record by the 
     Chairman of the Committee on the Budget of the House of 
     Representatives, as long as such statement has been submitted 
     prior to the vote on passage of this Act.
                                 ______
                                 
  SA 2700. Mr. ROCKEFELLER (for himself, Mrs. Feinstein, and Mr. Pryor) 
submitted an amendment intended to be proposed by him to the bill S. 
3414, to enhance the security and resiliency of the cyber and 
communications infrastructure of the United States; which was ordered 
to lie on the table; as follows:

       On page 212, after line 6, add the following:

           TITLE VIII--DATA SECURITY AND BREACH NOTIFICATION

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Data Security and Breach 
     Notification Act of 2012''.

     SEC. 802. REQUIREMENTS FOR INFORMATION SECURITY.

       (a) General Security Policies and Procedures.--
       (1) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall promulgate 
     regulations under section 553 of title 5, United States Code, 
     to require each covered entity that owns or possesses data 
     containing personal information, or contracts to have any 
     third-party entity maintain such data for such covered 
     entity, to establish and implement policies and procedures 
     regarding information security practices for the treatment 
     and protection of personal information taking into 
     consideration--
       (A) the size of, and the nature, scope, and complexity of 
     the activities engaged in by such covered entity;
       (B) the current state of the art in administrative, 
     technical, and physical safeguards for protecting such 
     information;
       (C) the cost of implementing the safeguards under 
     subparagraph (B); and
       (D) the impact on small businesses and nonprofits.
       (2) Requirements.--The regulations shall require the 
     policies and procedures to include the following:
       (A) A security policy with respect to the collection, use, 
     sale, other dissemination, and maintenance of personal 
     information.
       (B) The identification of an officer or other individual as 
     the point of contact with responsibility for the management 
     of information security.
       (C) A process for identifying and assessing any reasonably 
     foreseeable vulnerabilities in each system maintained by the 
     covered entity that contains such personal information, which 
     shall include regular monitoring for a breach of security of 
     each such system.
       (D) A process for taking preventive and corrective action 
     to mitigate any vulnerabilities identified in the process 
     required by subparagraph (C), which may include implementing 
     any changes to security practices and the architecture, 
     installation, or implementation of network or operating 
     software.
       (E) A process for disposing of data in electronic form 
     containing personal information by shredding, permanently 
     erasing, or otherwise modifying the personal information 
     contained in such data to make such personal information 
     permanently unreadable or indecipherable.
       (F) A standard method or methods for the destruction of 
     paper documents and other non-electronic data containing 
     personal information.
       (b) Limitations.--
       (1) Covered entities subject to the gramm-leach-bliley 
     act.--Notwithstanding section 805 of this Act, this section 
     (and any regulations issued pursuant to this section) shall 
     not apply to any financial institution that is subject to 
     title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et 
     seq.) with respect to covered information under that Act.
       (2) Applicability of other information security 
     requirements.--To the extent that the information security 
     requirements of section 13401 of the Health Information 
     Technology for Economic and Clinical Health Act (42 U.S.C. 
     17931) or of section 1173(d) of title XI, part C of the 
     Social Security Act (42 U.S.C. 1320d-2(d)) apply in any 
     circumstance to a person who is subject to either of those 
     Acts, and to the extent the person is acting as an entity 
     subject to either of those Acts, the person shall be exempt 
     from the requirements of this section with respect to any 
     data governed by section 13401 of the Health Information 
     Technology for Economic and Clinical Health Act (42 U.S.C. 
     17931) or by the Health Insurance Portability and 
     Accountability Act of 1996 Security Rule (45 C.F.R. 160.103 
     and Part 164).
       (3) Certain service providers.--Nothing in this section 
     shall apply to a service provider for any electronic 
     communication by a third party to the extent that the service 
     provider is engaged in the transmission, routing, or 
     temporary, intermediate, or transient storage of that 
     communication.

     SEC. 803. NOTIFICATION OF BREACH OF SECURITY.

       (a) Nationwide Notification.--A covered entity that owns or 
     possesses data in electronic form containing personal 
     information, following the discovery of a breach of security 
     of the system maintained by the covered entity that contains 
     such data, shall notify--
       (1) each individual who is a citizen or resident of the 
     United States and whose personal information was or is 
     reasonably believed to have been acquired or accessed from 
     the covered entity as a result of the breach of security; and
       (2) the Commission, unless the covered entity has notified 
     the designated entity under section 804.
       (b) Special Notification Requirements.--
       (1) Third-party entities.--In the event of a breach of 
     security of a system maintained by a third-party entity that 
     has been contracted to maintain or process data in electronic 
     form containing personal information on behalf of any other 
     covered entity who owns or possesses such data, the third-
     party entity shall notify the covered entity of the breach of 
     security. Upon receiving notification from the third party 
     entity, such covered entity shall provide the notification 
     required under subsection (a).
       (2) Service providers.--If a service provider becomes aware 
     of a breach of security of data in electronic form containing 
     personal information that is owned or possessed by another 
     covered entity that connects to or uses a system or network 
     provided by the service provider for the purpose of 
     transmitting, routing, or providing intermediate or transient 
     storage of such data, the service provider shall notify of 
     the breach of security only the covered entity who initiated 
     such connection, transmission, routing, or storage if such 
     covered entity can be reasonably identified. Upon receiving 
     the notification from the service provider, the covered 
     entity shall provide the notification required under 
     subsection (a).
       (3) Coordination of notification with credit reporting 
     agencies.--If a covered entity is required to provide 
     notification to more than 5,000 individuals under subsection 
     (a)(1), the covered entity also shall notify each major 
     credit reporting agency of the timing and distribution of the 
     notices, except when the only personal information that is 
     the subject of the breach of security is the individual's 
     first name or initial and last name, or address, or phone 
     number, in combination with a credit or debit card number, 
     and any required security code. Such notice shall be given to 
     each credit reporting agency without unreasonable delay and, 
     if it will not delay notice to the affected individuals, 
     prior to the distribution of notices to the affected 
     individuals.
       (c) Timeliness of Notification.--Notification under 
     subsection (a) shall be made--
       (1) not later than 45 days after the date of discovery of a 
     breach of security; or
       (2) as promptly as possible if the covered entity providing 
     notice can show that providing notice within the time frame 
     under paragraph (1) is not feasible due to circumstances 
     necessary--
       (A) to accurately identify affected consumers;
       (B) to prevent further breach or unauthorized disclosures; 
     or
       (C) to reasonably restore the integrity of the data system.
       (d) Method and Content of Notification.--
       (1) Direct notification.--

[[Page S5774]]

       (A) Method of direct notification.--A covered entity shall 
     be in compliance with the notification requirement under 
     subsection (a)(1) if--
       (i) the covered entity provides conspicuous and clearly 
     identified notification--

       (I) in writing; or
       (II) by e-mail or other electronic means if--

       (aa) the covered entity's primary method of communication 
     with the individual is by e-mail or such other electronic 
     means; or
       (bb) the individual has consented to receive notification 
     by e-mail or such other electronic means and such 
     notification is provided in a manner that is consistent with 
     the provisions permitting electronic transmission of notices 
     under section 101 of the Electronic Signatures in Global and 
     National Commerce Act (15 U.S.C. 7001); and
       (ii) the method of notification selected under clause (i) 
     can reasonably be expected to reach the intended individual.
       (B) Content of direct notification.--Each method of direct 
     notification under subparagraph (A) shall include--
       (i) the date, estimated date, or estimated date range of 
     the breach of security;
       (ii) a description of the personal information that was or 
     is reasonably believed to have been acquired or accessed as a 
     result of the breach of security;
       (iii) a telephone number that an individual can use at no 
     cost to the individual to contact the covered entity to 
     inquire about the breach of security or the information the 
     covered entity maintained about that individual;
       (iv) notice that the individual may be entitled to consumer 
     credit reports under subsection (e)(1);
       (v) instructions how an individual can request consumer 
     credit reports under subsection (e)(1);
       (vi) a telephone number, that an individual can use at no 
     cost to the individual, and an address to contact each major 
     credit reporting agency; and
       (vii) a telephone number, that an individual can use at no 
     cost to the individual, and an Internet Web site address to 
     obtain information regarding identity theft from the 
     Commission.
       (2) Substitute notification.--
       (A) Circumstances giving rise to substitute notification.--
     A covered entity required to provide notification to 
     individuals under subsection (a)(1) may provide substitute 
     notification instead of direct notification under paragraph 
     (1)--
       (i) if direct notification is not feasible due to lack of 
     sufficient contact information for the individual required to 
     be notified; or
       (ii) if the covered entity owns or possesses data in 
     electronic form containing personal information of fewer than 
     10,000 individuals and direct notification is not feasible 
     due to excessive cost to the covered entity required to 
     provide such notification relative to the resources of such 
     covered entity, as determined in accordance with the 
     regulations issued by the Commission under paragraph (3)(A).
       (B) Method of substitute notification.--Substitute 
     notification under this paragraph shall include--
       (i) conspicuous and clearly identified notification by e-
     mail to the extent the covered entity has an e-mail address 
     for an individual who is entitled to notification under 
     subsection (a)(1);
       (ii) conspicuous and clearly identified notification on the 
     Internet Web site of the covered entity if the covered entity 
     maintains an Internet Web site; and
       (iii) notification to print and to broadcast media, 
     including major media in metropolitan and rural areas where 
     the individuals whose personal information was acquired 
     reside.
       (C) Content of substitute notification.--Each method of 
     substitute notification under this paragraph shall include--
       (i) the date, estimated date, or estimated date range of 
     the breach of security;
       (ii) a description of the types of personal information 
     that were or are reasonably believed to have been acquired or 
     accessed as a result of the breach of security;
       (iii) notice that an individual may be entitled to consumer 
     credit reports under subsection (e)(1);
       (iv) instructions how an individual can request consumer 
     credit reports under subsection (e)(1);
       (v) a telephone number that an individual can use at no 
     cost to the individual to learn whether the individual's 
     personal information is included in the breach of security;
       (vi) a telephone number, that an individual can use at no 
     cost to the individual, and an address to contact each major 
     credit reporting agency; and
       (vii) a telephone number, that an individual can use at no 
     cost to the individual, and an Internet Web site address to 
     obtain information regarding identity theft from the 
     Commission.
       (3) Regulations and guidance.--
       (A) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall, by regulation 
     under section 553 of title 5, United States Code, establish 
     criteria for determining circumstances under which substitute 
     notification may be provided under section 803(d)(2) of this 
     Act, including criteria for determining if direct 
     notification under section 803(d)(1) of this Act is not 
     feasible due to excessive costs to the covered entity 
     required to provided such notification relative to the 
     resources of such covered entity. The regulations may also 
     identify other circumstances where substitute notification 
     would be appropriate for any covered entity, including 
     circumstances under which the cost of providing direct 
     notification exceeds the benefits to consumers.
       (B) Guidance.--In addition, the Commission, in consultation 
     with the Small Business Administration, shall provide and 
     publish general guidance with respect to compliance with this 
     subsection. The guidance shall include--
       (i) a description of written or e-mail notification that 
     complies with paragraph (1); and
       (ii) guidance on the content of substitute notification 
     under paragraph (2), including the extent of notification to 
     print and broadcast media that complies with paragraph 
     (2)(B)(iii).
       (e) Other Obligations Following Breach.--
       (1) In general.--Not later than 60 days after the date of 
     request by an individual whose personal information was 
     included in a breach of security and quarterly thereafter for 
     2 years, a covered entity required to provide notification 
     under subsection (a)(1) shall provide, or arrange for the 
     provision of, to the individual at no cost, consumer credit 
     reports from at least 1 major credit reporting agency.
       (2) Limitation.--Paragraph (1) shall not apply if the only 
     personal information that is the subject of the breach of 
     security is the individual's first name or initial and last 
     name, or address, or phone number, in combination with a 
     credit or debit card number, and any required security code.
       (3) Rulemaking.--The Commission's rulemaking under 
     subsection (d)(3) shall include--
       (A) determination of the circumstances under which a 
     covered entity required to provide notification under 
     subsection (a) must provide or arrange for the provision of 
     free consumer credit reports; and
       (B) establishment of a simple process under which a covered 
     entity that is a small business or small non-profit 
     organization may request a full or a partial waiver or a 
     modified or an alternative means of complying with this 
     subsection if providing free consumer credit reports is not 
     feasible due to excessive costs relative to the resources of 
     such covered entity and relative to the level of harm, to 
     affected individuals, caused by the breach of security.
       (f) Delay of Notification Authorized for National Security 
     and Law Enforcement Purposes.--
       (1) In general.--If the United States Secret Service or the 
     Federal Bureau of Investigation determines that notification 
     under this section would impede a criminal investigation or a 
     national security activity, notification shall be delayed 
     upon written notice from the United States Secret Service or 
     the Federal Bureau of Investigation to the covered entity 
     that experienced the breach of security. Written notice from 
     the United States Secret Service or the Federal Bureau of 
     Investigation shall specify the period of delay requested for 
     national security or law enforcement purposes.
       (2) Subsequent delay of notification.--
       (A) In general.--A covered entity shall provide 
     notification under this section not later than 30 days after 
     the day that the delay was invoked unless a Federal law 
     enforcement or intelligence agency provides subsequent 
     written notice to the covered entity that further delay is 
     necessary.
       (B) Written justification requirements.--
       (i) United states secret service.--If the United States 
     Secret Service instructs a covered entity to delay 
     notification under this section beyond the 30 day period 
     under subparagraph (A) (``subsequent delay''), the United 
     States Secret Service shall submit written justification for 
     the subsequent delay to the Secretary of Homeland Security 
     before the subsequent delay begins.
       (ii) Federal bureau of investigation.--If the Federal 
     Bureau of Investigation instructs a covered entity to delay 
     notification under this section beyond the 30 day period 
     under subparagraph (A) (``subsequent delay''), the Federal 
     Bureau of Investigation shall submit written justification 
     for the subsequent delay to the U.S. Attorney General before 
     the subsequent delay begins.
       (3) Law enforcement immunity.--No cause of action shall lie 
     in any court against any Federal agency for acts relating to 
     the delay of notification for national security or law 
     enforcement purposes under this title.
       (g) General Exemption.--
       (1) In general.--A covered entity shall be exempt from the 
     requirements under this section if, following a breach of 
     security, the covered entity determines that there is no 
     reasonable risk of identity theft, fraud, or other unlawful 
     conduct.
       (2) Presumption.--
       (A) In general.--There shall be a presumption that no 
     reasonable risk of identity theft, fraud, or other unlawful 
     conduct exists following a breach of security if--
       (i) the data is rendered unusable, unreadable, or 
     indecipherable through a security technology or methodology; 
     and
       (ii) the security technology or methodology under clause 
     (i) is generally accepted by experts in the information 
     security field.
       (B) Rebuttal.--The presumption under subparagraph (A) may 
     be rebutted by facts demonstrating that the security 
     technology or methodology in a specific case has been or is 
     reasonably likely to be compromised.
       (3) Technologies or methodologies.--Not later than 1 year 
     after the date of enactment

[[Page S5775]]

     of this Act, and biannually thereafter, the Commission, after 
     consultation with the National Institute of Standards and 
     Technology, shall issue rules (pursuant to section 553 of 
     title 5, United States Code) or guidance to identify each 
     security technology and methodology under paragraph (2). In 
     issuing the rules or guidance, the Commission shall--
       (A) consult with relevant industries, consumer 
     organizations, data security and identity theft prevention 
     experts, and established standards setting bodies; and
       (B) consider whether and in what circumstances a security 
     technology or methodology currently in use, such as 
     encryption, complies with the standards under paragraph (2).
       (4) FTC guidance.--Not later than 1 year after the date of 
     enactment of this Act, the Commission, after consultation 
     with the National Institute of Standards and Technology, 
     shall issue guidance regarding the application of the 
     exemption under paragraph (1).
       (h) Exemptions for National Security and Law Enforcement 
     Purposes.--
       (1) In general.--A covered entity shall be exempt from the 
     requirements under this section if--
       (A) a determination is made--
       (i) by the United States Secret Service or the Federal 
     Bureau of Investigation that notification of the breach of 
     security could be reasonably expected to reveal sensitive 
     sources and methods or similarly impede the ability of the 
     Government to conduct law enforcement or intelligence 
     investigations; or
       (ii) by the Federal Bureau of Investigation that 
     notification of the breach of security could be reasonably 
     expected to cause damage to the national security; and
       (B) the United States Secret Service or the Federal Bureau 
     of Investigation, as the case may be, provides written notice 
     of its determination under subparagraph (A) to the covered 
     entity.
       (2) United states secret service.--If the United States 
     Secret Service invokes an exemption under paragraph (1), the 
     United States Secret Service shall submit written 
     justification for invoking the exemption to the Secretary of 
     Homeland Security before the exemption is invoked.
       (3) Federal bureau of investigation.--If the Federal Bureau 
     of Investigation invokes an exemption under paragraph (1), 
     the Federal Bureau of Investigation shall submit written 
     justification for invoking the exemption to the U.S. Attorney 
     General before the exemption is invoked.
       (4) Immunity.--No cause of action shall lie in any court 
     against any Federal agency for acts relating to the exemption 
     from notification for national security or law enforcement 
     purposes under this title.
       (5) Reports.--Not later than 18 months after the date of 
     enactment of this Act, and upon request by Congress 
     thereafter, the United States Secret Service and Federal 
     Bureau of Investigation shall submit to Congress a report on 
     the number and nature of breaches of security subject to the 
     exemptions for national security and law enforcement purposes 
     under this subsection.
       (i) Financial Fraud Prevention Exemption.--
       (1) In general.--A covered entity shall be exempt from the 
     requirements under this section if the covered entity 
     utilizes or participates in a security program that--
       (A) effectively blocks the use of the personal information 
     to initiate an unauthorized financial transaction before it 
     is charged to the account of the individual; and
       (B) provides notice to each affected individual after a 
     breach of security that resulted in attempted fraud or an 
     attempted unauthorized transaction.
       (2) Limitations.--An exemption under paragraph (1) shall 
     not apply if--
       (A) the breach of security includes personal information, 
     other than a credit card number or credit card security code, 
     of any type; or
       (B) the breach of security includes both the individual's 
     credit card number and the individual's first and last name.
       (j) Financial Institutions Regulated by Federal Functional 
     Regulators.--
       (1) In general.--Nothing in this section shall apply to a 
     covered financial institution if the Federal functional 
     regulator with jurisdiction over the covered financial 
     institution has issued a standard by regulation or guideline 
     under title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 
     et seq.) that--
       (A) requires financial institutions within its jurisdiction 
     to provide notification to individuals following a breach of 
     security; and
       (B) provides protections substantially similar to, or 
     greater than, those required under this title.
       (2) Definitions.--In this subsection--
       (A) the term ``covered financial institution'' means a 
     financial institution that is subject to--
       (i) the data security requirements of the Gramm-Leach-
     Bliley Act (15 U.S.C. 6801 et seq.);
       (ii) any implementing standard issued by regulation or 
     guideline issued under that Act; and
       (iii) the jurisdiction of a Federal functional regulator 
     under that Act;
       (B) the term ``Federal functional regulator'' has the 
     meaning given the term in section 509 of the Gramm-Leach-
     Bliley Act (15 U.S.C. 6809); and
       (C) the term ``financial institution'' has the meaning 
     given the term in section 509 of the Gramm-Leach-Bliley Act 
     (15 U.S.C. 6809).
       (k) Exemption; Health Privacy.--
       (1) Covered entity or business associate under hitech 
     act.--To the extent that a covered entity under this title 
     acts as a covered entity or a business associate under 
     section 13402 of the Health Information Technology for 
     Economic and Clinical Health Act (42 U.S.C. 17932), and has 
     the obligation to provide breach notification under that Act 
     or its implementing regulations, the requirements of this 
     section shall not apply.
       (2) Entity subject to hitech act.--To the extent that a 
     covered entity under this title acts as a vendor of personal 
     health records, a third party service provider, or other 
     entity subject to section 13407 of the Health Information 
     Technology for Economical and Clinical Health Act (42 U.S.C. 
     17937), and has the obligation to provide breach notification 
     under that Act or its implementing regulations, the 
     requirements of this section shall not apply.
       (3) Limitation of statutory construction.--Nothing in this 
     Act may be construed in any way to give effect to the sunset 
     provision under section 13407(g)(2) of the Health Information 
     Technology for Economic and Clinical Health Act (42 U.S.C. 
     17937(g)(2)) or to otherwise limit or affect the 
     applicability, under section 13407 of that Act, of the breach 
     notification requirement for vendors of personal health 
     records and each entity described in clause (ii), (iii), or 
     (iv) of section 13424(b)(1)(A) of that Act (42 U.S.C. 
     17953(b)(1)(A)) .
       (l) Web Site Notice of Federal Trade Commission.--If the 
     Commission, upon receiving notification of any breach of 
     security that is reported to the Commission, finds that 
     notification of the breach of security via the Commission's 
     Internet Web site would be in the public interest or for the 
     protection of consumers, the Commission shall place such a 
     notice in a clear and conspicuous location on its Internet 
     Web site.
       (m) FTC Study on Notification in Languages in Addition to 
     English.--Not later than 1 year after the date of enactment 
     of this Act, the Commission shall conduct a study on the 
     practicality and cost effectiveness of requiring the direct 
     notification required by subsection (d)(1) to be provided in 
     a language in addition to English to individuals known to 
     speak only such other language.
       (n) General Rulemaking Authority.--The Commission may 
     promulgate regulations necessary under section 553 of title 
     5, United States Code, to effectively enforce the 
     requirements of this section.

     SEC. 804. NOTICE TO LAW ENFORCEMENT.

       (a) Designation of Government Entity to Receive Notice.--
     Not later than 60 days after the date of enactment of this 
     Act, the Secretary of the Department of Homeland Security 
     shall designate a Federal Government entity to receive notice 
     under this section.
       (b) Notice.--A covered entity shall notify the designated 
     entity of a breach of security if--
       (1) the number of individuals whose personal information 
     was, or is reasonably believed to have been, acquired or 
     assessed as a result of the breach of security exceeds 
     10,000;
       (2) the breach of security involves a database, networked 
     or integrated databases, or other data system containing the 
     personal information of more than 1,000,000 individuals;
       (3) the breach of security involves databases owned by the 
     Federal Government; or
       (4) the breach of security involves primarily personal 
     information of individuals known to the covered entity to be 
     employees or contractors of the Federal Government involved 
     in national security or law enforcement.
       (c) Content of Notices.--
       (1) In general.--Each notice under subsection (b) shall 
     contain--
       (A) the date, estimated date, or estimated date range of 
     the breach of security;
       (B) a description of the nature of the breach of security;
       (C) a description of each type of personal information that 
     was or is reasonably believed to have been acquired or 
     accessed as a result of the breach of security; and
       (D) a statement of each paragraph under subsection (b) that 
     applies to the breach of security.
       (2) Construction.--Nothing in this section shall be 
     construed to require a covered entity to reveal specific or 
     identifying information about an individual as part of the 
     notice under paragraph (1).
       (d) Responsibilities of the Designated Entity.--The 
     designated entity shall promptly provide each notice it 
     receives under subsection (b) to--
       (1) the United States Secret Service;
       (2) the Federal Bureau of Investigation;
       (3) the Federal Trade Commission;
       (4) the United States Postal Inspection Service, if the 
     breach of security involves mail fraud;
       (5) the attorney general of each State affected by the 
     breach of security; and
       (6) as appropriate, other Federal agencies for law 
     enforcement, national security, or data security purposes.
       (e) Timing of Notices.--Notice under this section shall be 
     delivered as follows:
       (1) Notice under subsection (b) shall be delivered as 
     promptly as possible, but--
       (A) not less than 3 business days before notification to an 
     individual pursuant to section 803; and

[[Page S5776]]

       (B) not later than 10 days after the date of discovery of 
     the events requiring notice.
       (2) Notice under subsection (d) shall be delivered as 
     promptly as possible, but not later than 1 business day after 
     the date that the designated entity receives notice of a 
     breach of security from a covered entity.

     SEC. 805. APPLICATION AND ENFORCEMENT.

       (a) General Application.--The requirements of sections 802 
     and 803 apply to--
       (1) those persons, partnerships, or corporations over which 
     the Commission has authority pursuant to section 5(a)(2) of 
     the Federal Trade Commission Act (15 U.S.C. 45(a)(2)); and
       (2) notwithstanding sections 4 and 5(a)(2) of the Federal 
     Trade Commission Act (15 U.S.C. 44 and 45(a)(2)), any non-
     profit organization, including any organization described in 
     section 501(c) of the Internal Revenue Code of 1986 that is 
     exempt from taxation under section 501(a) of the Internal 
     Revenue Code of 1986.
       (b) Opt-in for Certain Other Entities.--
       (1) In general.--Section 803 shall apply to any other 
     person or entity that enters into an agreement with the 
     Commission under which section 803 would apply to that person 
     or entity, with respect to any acts or omissions that occur 
     while the agreement is in effect and that may constitute a 
     violation of section 803, if--
       (A) not less than 30 days prior to entering into the 
     agreement with the person or entity, the Commission publishes 
     notice in the Federal Register of the Commission's intent to 
     enter into the agreement; and
       (B) not later than 14 business days after entering into the 
     agreement with the person or entity, the Commission publishes 
     in the Federal Register--
       (i) notice of the agreement;
       (ii) the identify of each person or entity covered by the 
     agreement; and
       (iii) the effective date of the agreement.
       (2) Construction.--
       (A) Other federal law.--An agreement under paragraph (1) 
     shall not effect a person's obligation or an entity's 
     obligation to provide notice of a breach of security or 
     similar event under any other Federal law.
       (B) No preemption prior to valid agreement.--Subsections 
     (a)(2) and (b) of section 807 shall not apply to a breach of 
     security that occurs before a valid agreement under paragraph 
     (1) is in effect.
       (c) Enforcement by the Federal Trade Commission.--
       (1) Unfair or deceptive acts or practices.--A violation of 
     section 802 or 803 of this Act shall be treated as an unfair 
     and deceptive act or practice in violation of a regulation 
     under section 18(a)(1)(B) of the Federal Trade Commission Act 
     (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts 
     or practices.
       (2) Powers of commission.--The Commission shall enforce 
     this title in the same manner, by the same means, and with 
     the same jurisdiction, powers, and duties as though all 
     applicable terms and provisions of the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
     and made a part of this title. Any covered entity who 
     violates such regulations shall be subject to the penalties 
     and entitled to the privileges and immunities provided in 
     that Act.
       (3) Limitation.--In promulgating rules under this title, 
     the Commission shall not require the deployment or use of any 
     specific products or technologies, including any specific 
     computer software or hardware.
       (d) Enforcement by State Attorneys General.--
       (1) Civil action.--In any case in which the attorney 
     general of a State, or an official or agency of a State, has 
     reason to believe that an interest of the residents of that 
     State has been or is threatened or adversely affected by any 
     covered entity who violates section 802 or 803 of this Act, 
     the attorney general, official, or agency of the State, as 
     parens patriae, may bring a civil action on behalf of the 
     residents of the State in a district court of the United 
     States of appropriate jurisdiction--
       (A) to enjoin further violation of such section by the 
     defendant;
       (B) to compel compliance with such section; or
       (C) to obtain civil penalties in the amount determined 
     under paragraph (2).
       (2) Civil penalties.--
       (A) Calculation.--
       (i) Treatment of violations of section 802.--For purposes 
     of paragraph (1)(C) with regard to a violation of section 
     802, the amount determined under this paragraph is the amount 
     calculated by multiplying the number of days that a covered 
     entity is not in compliance with such section by an amount 
     not greater than $11,000.
       (ii) Treatment of violations of section 803.--For purposes 
     of paragraph (1)(C) with regard to a violation of section 
     803, the amount determined under this paragraph is the amount 
     calculated by multiplying the number of violations of such 
     section by an amount not greater than $11,000. Each failure 
     to send notification as required under section 803 to a 
     resident of the State shall be treated as a separate 
     violation.
       (B) Adjustment for inflation.--Beginning on the date that 
     the Consumer Price Index is first published by the Bureau of 
     Labor Statistics that is after 1 year after the date of 
     enactment of this Act, and each year thereafter, the amounts 
     specified in clauses (i) and (ii) of subparagraph (A) and in 
     clauses (i) and (ii) of subparagraph (C) shall be increased 
     by the percentage increase in the Consumer Price Index 
     published on that date from the Consumer Price Index 
     published the previous year.
       (C) Maximum total liability.--Notwithstanding the number of 
     actions which may be brought against a covered entity under 
     this subsection, the maximum civil penalty for which any 
     covered entity may be liable under this subsection shall not 
     exceed--
       (i) $5,000,000 for each violation of section 802; and
       (ii) $5,000,000 for all violations of section 803 resulting 
     from a single breach of security.
       (3) Intervention by the ftc.--
       (A) Notice and intervention.--The State shall provide prior 
     written notice of any action under paragraph (1) to the 
     Commission and provide the Commission with a copy of its 
     complaint, except in any case in which such prior notice is 
     not feasible, in which case the State shall serve such notice 
     immediately upon commencing such action. The Commission shall 
     have the right--
       (i) to intervene in the action;
       (ii) upon so intervening, to be heard on all matters 
     arising therein; and
       (iii) to file petitions for appeal.
       (B) Limitation on state action while federal action is 
     pending.--If the Commission has instituted a civil action for 
     violation of this title, no State attorney general, or 
     official or agency of a State, may bring an action under this 
     subsection during the pendency of that action against any 
     defendant named in the complaint of the Commission for any 
     violation of this title alleged in the complaint.
       (4) Construction.--For purposes of bringing any civil 
     action under paragraph (1), nothing in this title shall be 
     construed to prevent an attorney general of a State from 
     exercising the powers conferred on the attorney general by 
     the laws of that State--
       (A) to conduct investigations;
       (B) to administer oaths or affirmations; or
       (C) to compel the attendance of witnesses or the production 
     of documentary and other evidence.
       (e) Affirmative Defense for a Violation of Section 803.--It 
     shall be an affirmative defense to an enforcement action 
     brought under subsection (c), or a civil action brought under 
     subsection (d), based on a violation of section 803, that all 
     of the personal information contained in the data in 
     electronic form that was acquired or accessed as a result of 
     a breach of security of the defendant is public record 
     information that is lawfully made available to the general 
     public from Federal, State, or local government records and 
     was acquired by the defendant from such records.
       (f) Notice to Law Enforcement; Civil Enforcement by 
     Attorney General.--
       (1) In general.--The Attorney General may bring a civil 
     action in the appropriate United States district court 
     against any covered entity that engages in conduct 
     constituting a violation of section 804.
       (2) Penalties.--
       (A) In general.--Upon proof of such conduct by a 
     preponderance of the evidence, a covered entity shall be 
     subject to a civil penalty of not more than $1,000 per 
     individual whose personal information was or is reasonably 
     believed to have been accessed or acquired as a result of the 
     breach of security that is the basis of the violation, up to 
     a maximum of $100,000 per day while such violation persists.
       (B) Limitations.--The total amount of the civil penalty 
     assessed under this subsection against a covered entity for 
     acts or omissions relating to a single breach of security 
     shall not exceed $1,000,000, unless the conduct constituting 
     a violation of section 804 was willful or intentional, in 
     which case an additional civil penalty of up to $1,000,000 
     may be imposed.
       (C) Adjustment for inflation.--Beginning on the date that 
     the Consumer Price Index is first published by the Bureau of 
     Labor Statistics that is after 1 year after the date of 
     enactment of this Act, and each year thereafter, the amounts 
     specified in subparagraphs (A) and (B) shall be increased by 
     the percentage increase in the Consumer Price Index published 
     on that date from the Consumer Price Index published the 
     previous year.
       (3) Injunctive actions.--If it appears that a covered 
     entity has engaged, or is engaged, in any act or practice 
     that constitutes a violation of section 804, the Attorney 
     General may petition an appropriate United States district 
     court for an order enjoining such practice or enforcing 
     compliance with section 804.
       (4) Issuance of order.--A court may issue such an order 
     under paragraph (3) if it finds that the conduct in question 
     constitutes a violation of section 804.
       (g) Concealment of Breaches of Security.--
       (1) In general.--Chapter 47 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 1041. Concealment of breaches of security involving 
       personal information

       ``(a) In General.--Any person who, having knowledge of a 
     breach of security and of the fact that notification of the 
     breach of security is required under the Data Security and 
     Breach Notification Act of 2012, intentionally and willfully 
     conceals the fact of the breach of security, shall, in the 
     event that the breach of security results in economic harm to 
     any individual in the amount of $1,000 or more, be fined 
     under this title, imprisoned for not more than 5 years, or 
     both.

[[Page S5777]]

       ``(b) Person Defined.--For purposes of subsection (a), the 
     term `person' has the same meaning as in section 1030(e)(12) 
     of this title.
       ``(c) Enforcement Authority.--
       ``(1) In general.--The United States Secret Service and the 
     Federal Bureau of Investigation shall have the authority to 
     investigate offenses under this section.
       ``(2) Construction.--The authority granted in paragraph (1) 
     shall not be exclusive of any existing authority held by any 
     other Federal agency.''.
       (2) Conforming and technical amendments.--The table of 
     sections for chapter 47 of title 18, United States Code, is 
     amended by adding at the end the following:

``1041. Concealment of breaches of security involving personal 
              information.''.

     SEC. 806. DEFINITIONS.

       In this title:
       (1) Breach of security.--
       (A) In general.--The term ``breach of security'' means 
     compromise of the security, confidentiality, or integrity of, 
     or loss of, data in electronic form that results in, or there 
     is a reasonable basis to conclude has resulted in, 
     unauthorized access to or acquisition of personal information 
     from a covered entity.
       (B) Exclusions.--The term`` breach of security'' does not 
     include--
       (i) a good faith acquisition of personal information by a 
     covered entity, or an employee or agent of a covered entity, 
     if the personal information is not subject to further use or 
     unauthorized disclosure;
       (ii) any lawfully authorized investigative, protective, or 
     intelligence activity of a law enforcement or an intelligence 
     agency of the United States, a State, or a political 
     subdivision of a State; or
       (iii) the release of a public record not otherwise subject 
     to confidentiality or nondisclosure requirements.
       (2) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (3) Covered entity.--The term ``covered entity'' means a 
     sole proprietorship, partnership, corporation, trust, estate, 
     cooperative, association, or other commercial entity, and any 
     charitable, educational, or nonprofit organization, that 
     acquires, maintains, or utilizes personal information.
       (4) Data in electronic form.--The term ``data in electronic 
     form'' means any data stored electronically or digitally on 
     any computer system or other database, including recordable 
     tapes and other mass storage devices.
       (5) Designated entity.--The term ``designated entity'' 
     means the Federal Government entity designated by the 
     Secretary of Homeland Security under section 804.
       (6) Encryption.--The term ``encryption'' means the 
     protection of data in electronic form in storage or in 
     transit using an encryption technology that has been adopted 
     by an established standards setting body which renders such 
     data indecipherable in the absence of associated 
     cryptographic keys necessary to enable decryption of such 
     data. Such encryption must include appropriate management and 
     safeguards of such keys to protect the integrity of the 
     encryption.
       (7) Identity theft.--The term ``identity theft'' means the 
     unauthorized use of another person's personal information for 
     the purpose of engaging in commercial transactions under the 
     identity of such other person, including any contact that 
     violates section 1028A of title 18, United States Code.
       (8) Major credit reporting agency.--The term ``major credit 
     reporting agency'' means a consumer reporting agency that 
     compiles and maintains files on consumers on a nationwide 
     basis within the meaning of section 603(p) of the Fair Credit 
     Reporting Act (15 U.S.C. 1681a(p)).
       (9) Personal information.--
       (A) Definition.--The term ``personal information'' means 
     any information or compilation of information in electronic 
     or digital form that includes--
       (i) a financial account number or credit or debit card 
     number in combination with any security code, access code, or 
     password that is required for an individual to obtain credit, 
     withdraw funds, or engage in a financial transaction; or
       (ii) an individual's first and last name or first initial 
     and last name in combination with--

       (I) a non-truncated social security number, driver's 
     license number, passport number, or alien registration 
     number, or other similar number issued on a government 
     document used to verify identity;
       (II) unique biometric data such as a finger print, voice 
     print, retina or iris image, or any other unique physical 
     representation;
       (III) a unique account identifier, electronic 
     identification number, user name, or routing code in 
     combination with any associated security code, access code, 
     or password that is required for an individual to obtain 
     money, goods, services, or any other thing of value; or
       (IV) 2 of the following:

       (aa) Home address or telephone number.
       (bb) Mother's maiden name, if identified as such.
       (cc) Month, day, and year of birth.
       (B) Modified definition by rulemaking.--If the Commission 
     determines that the definition under subparagraph (A) is not 
     reasonably sufficient to protect individuals from identify 
     theft, fraud, or other unlawful conduct, the Commission by 
     rule promulgated under section 553 of title 5, United States 
     Code, may modify the definition of ``personal information'' 
     under subparagraph (A) to the extent the modification will 
     not unreasonably impede interstate commerce.
       (10) Public record information.--The term ``public record 
     information'' means information about an individual which has 
     been obtained originally from records of a Federal, State, or 
     local government entity that are available for public 
     inspection.
       (11) Service provider.--The term ``service provider'' means 
     a person that provides electronic data transmission, routing, 
     intermediate and transient storage, or connections to its 
     system or network, where the person providing such services 
     does not select or modify the content of the electronic data, 
     is not the sender or the intended recipient of the data, and 
     does not differentiate personal information from other 
     information that such person transmits, routes, or stores, or 
     for which such person provides connections. Any such person 
     shall be treated as a service provider under this title only 
     to the extent that it is engaged in the provision of such 
     transmission, routing, intermediate and transient storage, or 
     connections.

     SEC. 807. EFFECT ON OTHER LAWS.

       (a) Preemption of State Information Security Laws.--This 
     title supersedes any provision of a statute, regulation, or 
     rule of a State or political subdivision of a State, with 
     respect to those entities covered by the regulations issued 
     pursuant to this title, that expressly--
       (1) requires information security practices and treatment 
     of data containing personal information similar to any of 
     those required under section 802; or
       (2) requires notification to individuals of a breach of 
     security as defined in section 806.
       (b) Additional Preemption.--
       (1) In general.--No person other than a person specified in 
     section 805(d) may bring a civil action under the laws of any 
     State if such action is premised in whole or in part upon the 
     defendant violating any provision of this title.
       (2) Protection of consumer protection laws.--Except as 
     provided in subsection (a) of this section, this subsection 
     shall not be construed to limit the enforcement of any State 
     consumer protection law by an attorney general of a State.
       (c) Protection of Certain State Laws.--This title shall not 
     be construed to preempt the applicability of--
       (1) State trespass, contract, or tort law; or
       (2) any other State laws to the extent that those laws 
     relate to acts of fraud.
       (d) Preservation of FTC Authority.--Nothing in this title 
     may be construed in any way to limit or affect the 
     Commission's authority under any other provision of law.

     SEC. 808. APPLICABILITY OF SECTION 631 OF THE COMMUNICATIONS 
                   ACT OF 1934.

       (a) In General.--To the extent that a cable operator (as 
     defined under section 631 of the Communications Act of 1934 
     (47 U.S.C. 551)) is subject to a requirement regarding 
     personal information (as defined in section 806 of this 
     Act)--
       (1) under this title that is in conflict with a requirement 
     under section 631 of the Communications Act of 1934 (47 
     U.S.C. 551), each applicable section of this Act shall 
     control (including enforcement); and
       (2) under section 631 of the Communications Act of 1934 (47 
     U.S.C. 551) that is in addition to or different from a 
     requirement under this title, each applicable subsection of 
     section 631 of the Communications Act of 1934 (47 U.S.C. 551) 
     shall remain in effect (including enforcement and right of 
     action).
       (b) Limitation of Statutory Construction.--Nothing in this 
     title shall preclude the application of section 631 of the 
     Communications Act of 1934 (47 U.S.C. 551), to information 
     that is not included in the definition of personal 
     information under section 806 of this Act.

     SEC. 809. EFFECTIVE DATE.

       This title shall take effect 1 year after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 2701. Mr. FRANKEN (for himself, Mr. Paul, Mr. Wyden, Mr. Akaka, 
Mr. Coons, Mr. Blumenthal, Mr. Sanders, Mr. Udall of New Mexico, Mr. 
Merkley, Mr. Schumer, Ms. Cantwell, Mrs. Shaheen, Mr. Begich, Mr. 
Durbin, and Mr. Harkin) submitted an amendment intended to be proposed 
by him to the bill S. 3414, to enhance the security and resilency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       Strike section 701.
                                 ______
                                 
  SA 2702. Mr. FRANKEN (for himself, Mr. Paul, Mr. Wyden, Mr. Akaka, 
Mr. Coons, Mr. Blumenthal, Mr. Sanders, Mr. Udall of New Mexico, Mr. 
Merkley, Mr. Schumer, Ms. Cantwell, Mrs. Shaheen, Mr. Begich, Mr. 
Durbin, and Mr. Harkin) submitted an amendment intended to be proposed 
by him to the bill S. 3414, to enhance the security and resilency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       Beginning on page 169, strike line 15 and all that follows 
     through page 172, line 25.
       Page 189, beginning on line 22, strike ``performing, 
     monitoring, operating countermeasures, or''.

[[Page S5778]]

       Page 196, strike lines 10, 11, and 12.
       Beginning on page 205, strike line 15 and all that follows 
     through page 206, line 2.
                                 ______
                                 
  SA 2703. Mr. FRANKEN (for himself, Mr. Paul, Mr. Wyden, Mr. Akaka, 
Mr. Coons, Mr. Blumenthal, Mr. Sanders, Mr. Udall of New Mexico, Mr. 
Merkley, Mr. Schumer, Ms. Cantwell, Mrs. Shaheen, Mr. Begich, Mr. 
Durbin, and Mr. Harkin) submitted an amendment intended to be proposed 
by him to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       Strike title VII and insert the following:

                     TITLE VII--INFORMATION SHARING

     SEC. 701. VOLUNTARY DISCLOSURE OF CYBERSECURITY THREAT 
                   INDICATORS AMONG PRIVATE ENTITIES.

       (a) Authority to Disclose.--Notwithstanding any other 
     provision of law, any private entity may disclose lawfully 
     obtained cybersecurity threat indicators to any other private 
     entity in accordance with this section.
       (b) Use and Protection of Information.--A private entity 
     disclosing or receiving cybersecurity threat indicators 
     pursuant to subsection (a)--
       (1) may use, retain, or further disclose such cybersecurity 
     threat indicators solely for the purpose of protecting an 
     information system or information that is stored on, 
     processed by, or transiting an information system from 
     cybersecurity threats or mitigating such threats;
       (2) shall make reasonable efforts to safeguard 
     communications, records, system traffic, or other information 
     that can be used to identify specific persons from 
     unauthorized access or acquisition;
       (3) shall comply with any lawful restrictions placed on the 
     disclosure or use of cybersecurity threat indicators, 
     including, if requested, the removal of information that may 
     be used to identify specific persons from such indicators; 
     and
       (4) may not use the cybersecurity threat indicators to gain 
     an unfair competitive advantage to the detriment of the 
     entity that authorized such sharing.
       (c) Transfers to Unreliable Private Entities Prohibited.--A 
     private entity may not disclose cybersecurity threat 
     indicators to another private entity that the disclosing 
     entity knows--
       (1) has intentionally or willfully violated the 
     requirements of subsection (b); and
       (2) is reasonably likely to violate such requirements.

     SEC. 702. CYBERSECURITY EXCHANGES.

       (a) Designation of Cybersecurity Exchanges.--The Secretary 
     of Homeland Security, in consultation with the Director of 
     National Intelligence, the Attorney General, and the 
     Secretary of Defense, shall establish--
       (1) a process for designating one or more appropriate 
     civilian Federal entities or non-Federal entities to serve as 
     cybersecurity exchanges to receive and distribute 
     cybersecurity threat indicators;
       (2) procedures to facilitate and ensure the sharing of 
     classified and unclassified cybersecurity threat indicators 
     in as close to real time as possible with appropriate Federal 
     entities and non-Federal entities in accordance with this 
     title; and
       (3) a process for identifying certified entities to receive 
     classified cybersecurity threat indicators in accordance with 
     paragraph (2).
       (b) Purpose.--The purpose of a cybersecurity exchange is to 
     receive and distribute, in as close to real time as possible, 
     cybersecurity threat indicators, and to thereby avoid 
     unnecessary and duplicative Federal bureaucracy for 
     information sharing as provided in this title.
       (c) Requirement for a Lead Federal Civilian Cybersecurity 
     Exchange.--
       (1) In general.--The Secretary, in consultation with the 
     Director of National Intelligence, the Attorney General, and 
     the Secretary of Defense, shall designate a civilian Federal 
     entity as the lead cybersecurity exchange to serve as a focal 
     point within the Federal Government for cybersecurity 
     information sharing among Federal entities and with non-
     Federal entities.
       (2) Responsibilities.--The lead Federal civilian 
     cybersecurity exchange designated under paragraph (1) shall--
       (A) receive and distribute, in as close to real time as 
     possible, cybersecurity threat indicators in accordance with 
     this title;
       (B) facilitate information sharing, interaction, and 
     collaboration among and between--
       (i) Federal entities;
       (ii) State, local, tribal, and territorial governments;
       (iii) private entities;
       (iv) academia;
       (v) international partners, in consultation with the 
     Secretary of State; and
       (vi) other cybersecurity exchanges;
       (C) disseminate timely and actionable cybersecurity threat, 
     vulnerability, mitigation, and warning information lawfully 
     obtained from any source, including alerts, advisories, 
     indicators, signatures, and mitigation and response measures, 
     to appropriate Federal and non-Federal entities in as close 
     to real time as possible, to improve the security and 
     protection of information systems;
       (D) coordinate with other Federal and non-Federal entities, 
     as appropriate, to integrate information from Federal and 
     non-Federal entities, including Federal cybersecurity 
     centers, non-Federal network or security operation centers, 
     other cybersecurity exchanges, and non-Federal entities that 
     disclose cybersecurity threat indicators under section 
     703(a), in as close to real time as possible, to provide 
     situational awareness of the United States information 
     security posture and foster information security 
     collaboration among information system owners and operators;
       (E) conduct, in consultation with private entities and 
     relevant Federal and other governmental entities, regular 
     assessments of existing and proposed information sharing 
     models to eliminate bureaucratic obstacles to information 
     sharing and identify best practices for such sharing; and
       (F) coordinate with other Federal entities, as appropriate, 
     to compile and analyze information about risks and incidents 
     that threaten information systems, including information 
     voluntarily submitted in accordance with section 703(a) or 
     otherwise in accordance with applicable laws.
       (3) Schedule for designation.--The designation of a lead 
     Federal civilian cybersecurity exchange under paragraph (1) 
     shall be made concurrently with the issuance of the interim 
     policies and procedures under section 703(g)(3)(D).
       (d) Additional Civilian Federal Cybersecurity Exchanges.--
     In accordance with the process and procedures established in 
     subsection (a), the Secretary, in consultation with the 
     Director of National Intelligence, the Attorney General, and 
     the Secretary of Defense, may designate additional civilian 
     Federal entities to receive and distribute cybersecurity 
     threat indicators, if such entities are subject to the 
     requirements for use, retention, and disclosure of 
     information by a cybersecurity exchange under section 703(b) 
     and the special requirements for Federal entities under 
     section 703(g).
       (e) Requirements for Non-Federal Cybersecurity Exchanges.--
       (1) In general.--In considering whether to designate a 
     private entity or any other non-Federal entity as a 
     cybersecurity exchange to receive and distribute 
     cybersecurity threat indicators under section 703, and what 
     entity to designate, the Secretary shall consider the 
     following factors:
       (A) The net effect that such designation would have on the 
     overall cybersecurity of the United States.
       (B) Whether such designation could substantially improve 
     such overall cybersecurity by serving as a hub for receiving 
     and sharing cybersecurity threat indicators in as close to 
     real time as possible, including the capacity of the non-
     Federal entity for performing those functions.
       (C) The capacity of such non-Federal entity to safeguard 
     cybersecurity threat indicators from unauthorized disclosure 
     and use.
       (D) The adequacy of the policies and procedures of such 
     non-Federal entity to protect personally identifiable 
     information from unauthorized disclosure and use.
       (E) The ability of the non-Federal entity to sustain 
     operations using entirely non-Federal sources of funding.
       (2) Regulations.--The Secretary may promulgate regulations 
     as may be necessary to carry out this subsection.
       (f) Construction With Other Authorities.--Nothing in this 
     section may be construed to alter the authorities of a 
     Federal cybersecurity center, unless such cybersecurity 
     center is acting in its capacity as a designated 
     cybersecurity exchange.
       (g) Congressional Notification of Designation of 
     Cybersecurity Exchanges.--
       (1) In general.--The Secretary, in coordination with the 
     Director of National Intelligence, the Attorney General, and 
     the Secretary of Defense, shall promptly notify Congress, in 
     writing, of any designation of a cybersecurity exchange under 
     this title.
       (2) Requirement.--Written notification under paragraph (1) 
     shall include a description of the criteria and processes 
     used to make the designation.

     SEC. 703. VOLUNTARY DISCLOSURE OF CYBERSECURITY THREAT 
                   INDICATORS TO A CYBERSECURITY EXCHANGE.

       (a) Authority to Disclose.--Notwithstanding any other 
     provision of law, a non-Federal entity may disclose lawfully 
     obtained cybersecurity threat indicators to a cybersecurity 
     exchange in accordance with this section.
       (b) Use, Retention, and Disclosure of Information by a 
     Cybersecurity Exchange.--A cybersecurity exchange may only 
     use, retain, or further disclose information provided 
     pursuant to subsection (a)--
       (1) in order to protect information systems from 
     cybersecurity threats and to mitigate cybersecurity threats; 
     or
       (2) to law enforcement pursuant to subsection (g)(2).
       (c) Use and Protection of Information Received From a 
     Cybersecurity Exchange.--A non-Federal entity receiving 
     cybersecurity threat indicators from a cybersecurity 
     exchange--
       (1) may use, retain, or further disclose such cybersecurity 
     threat indicators solely for the purpose of protecting an 
     information system or information that is stored on, 
     processed by, or transiting an information system from 
     cybersecurity threats or mitigating such threats;
       (2) shall make reasonable efforts to safeguard 
     communications, records, system traffic, or other information 
     that can be used to

[[Page S5779]]

     identify specific persons from unauthorized access or 
     acquisition;
       (3) shall comply with any lawful restrictions placed on the 
     disclosure or use of cybersecurity threat indicators by the 
     cybersecurity exchange or a third party, if the cybersecurity 
     exchange received such information from the third party, 
     including, if requested, the removal of information that can 
     be used to identify specific persons from such indicators; 
     and
       (4) may not use the cybersecurity threat indicators to gain 
     an unfair competitive advantage to the detriment of the third 
     party that authorized such sharing.
       (d) Exemption From Public Disclosure.--Any cybersecurity 
     threat indicator disclosed by a non-Federal entity to a 
     cybersecurity exchange pursuant to subsection (a) shall be--
       (1) exempt from disclosure under section 552(b)(3) of title 
     5, United States Code, or any comparable State law; and
       (2) treated as voluntarily shared information under section 
     552 of title 5, United States Code, or any comparable State 
     law.
       (e) Exemption From Ex Parte Limitations.--Any cybersecurity 
     threat indicator disclosed by a non-Federal entity to a 
     cybersecurity exchange pursuant to subsection (a) shall not 
     be subject to the rules of any governmental entity or 
     judicial doctrine regarding ex parte communications with a 
     decision making official.
       (f) Exemption From Waiver of Privilege.--Any cybersecurity 
     threat indicator disclosed by a non-Federal entity to a 
     cybersecurity exchange pursuant to subsection (a) may not be 
     construed to be a waiver of any applicable privilege or 
     protection provided under Federal, State, tribal, or 
     territorial law, including any trade secret protection.
       (g) Special Requirements for Federal and Law Enforcement 
     Entities.--
       (1) Receipt, disclosure and use of cybersecurity threat 
     indicators by a federal entity.--
       (A) Authority to receive and use cybersecurity threat 
     indicators.--A Federal entity that is not a cybersecurity 
     exchange may receive, retain, and use cybersecurity threat 
     indicators from a cybersecurity exchange in order--
       (i) to protect information systems from cybersecurity 
     threats and to mitigate cybersecurity threats; and
       (ii) to disclose such cybersecurity threat indicators to 
     law enforcement in accordance with paragraph (2).
       (B) Authority to disclose cybersecurity threat 
     indicators.--A Federal entity that is not a cybersecurity 
     exchange shall ensure that if disclosing cybersecurity threat 
     indicators to a non-Federal entity under this section, such 
     non-Federal entity shall use or retain such cybersecurity 
     threat indicators in a manner that is consistent with the 
     requirements in--
       (i) subsection (b) on the use and protection of 
     information; and
       (ii) paragraph (2).
       (2) Law enforcement access and use of cybersecurity threat 
     indicators.--
       (A) Disclosure to law enforcement.--A Federal entity may 
     disclose cybersecurity threat indicators received under this 
     title to a law enforcement entity if--
       (i) the disclosure is permitted under the procedures 
     developed by the Secretary and approved by the Attorney 
     General under paragraph (3); and
       (ii) the information appears to pertain--

       (I) to a cybersecurity crime which has been, is being, or 
     is about to be committed;
       (II) to an imminent threat of death or serious bodily harm; 
     or
       (III) to a serious threat to minors, including sexual 
     exploitation and threats to physical safety.

       (B) Use by law enforcement.--A law enforcement entity may 
     only use cybersecurity threat indicators received by a 
     Federal entity under paragraph (A) in order--
       (i) to protect information systems from a cybersecurity 
     threat or investigate, prosecute, or disrupt a cybersecurity 
     crime;
       (ii) to protect individuals from an imminent threat of 
     death or serious bodily harm; or
       (iii) to protect minors from any serious threat, including 
     sexual exploitation and threats to physical safety.
       (3) Privacy and civil liberties.--
       (A) Requirement for policies and procedures.--The 
     Secretary, in consultation with privacy and civil liberties 
     experts, the Director of National Intelligence, and the 
     Secretary of Defense, shall develop and periodically review 
     policies and procedures governing the receipt, retention, 
     use, and disclosure of cybersecurity threat indicators by a 
     Federal entity obtained in connection with activities 
     authorized in this title. Such policies and procedures 
     shall--
       (i) minimize the impact on privacy and civil liberties, 
     consistent with the need to protect information systems from 
     cybersecurity threats and mitigate cybersecurity threats;
       (ii) reasonably limit the receipt, retention, use and 
     disclosure of cybersecurity threat indicators associated with 
     specific persons consistent with the need to carry out the 
     responsibilities of this title, including establishing a 
     process for the timely destruction of cybersecurity threat 
     indicators that are received pursuant to this section that do 
     not reasonably appear to be related to the purposes 
     identified in paragraph (1)(A);
       (iii) include requirements to safeguard cybersecurity 
     threat indicators that may be used to identify specific 
     persons from unauthorized access or acquisition;
       (iv) include procedures for notifying entities, as 
     appropriate, if information received pursuant to this section 
     is not a cybersecurity threat indicator; and
       (v) protect the confidentiality of cybersecurity threat 
     indicators associated with specific persons to the greatest 
     extent practicable and require recipients to be informed that 
     such indicators may only be used for the purposes identified 
     in paragraph (1)(A).
       (B) Adoption of policies and procedures.--The head of an 
     agency responsible for a Federal entity designated as a 
     cybersecurity exchange under section 703 shall adopt and 
     comply with the policies and procedures developed under this 
     paragraph.
       (C) Review by the attorney general.--The policies and 
     procedures developed under this subsection shall be provided 
     to the Attorney General for review not later than 1 year 
     after the date of the enactment of this title, and shall not 
     be issued without the Attorney General's approval.
       (D) Requirement for interim policies and procedures.--The 
     Secretary shall issue interim policies and procedures not 
     later than 60 days after the date of the enactment of this 
     title.
       (E) Provision to congress.--The policies and procedures 
     issued under this title and any amendments to such policies 
     and procedures shall be provided to Congress in an 
     unclassified form and be made public, but may include a 
     classified annex.
       (4) Oversight.--
       (A) Requirement for oversight.--The Secretary and the 
     Attorney General shall establish a mandatory program to 
     monitor and oversee compliance with the policies and 
     procedures issued under this subsection.
       (B) Notification of the attorney general.--The head of each 
     Federal entity that receives information under this title 
     shall--
       (i) comply with the policies and procedures developed by 
     the Secretary and approved by the Attorney General under 
     paragraph (3);
       (ii) promptly notify the Attorney General of significant 
     violations of such policies and procedures; and
       (iii) provide to the Attorney General any information 
     relevant to the violation that the Attorney General requires.
       (C) Annual report.--On an annual basis, the Chief Privacy 
     and Civil Liberties Officer of the Department of Justice and 
     the Chief Privacy Officer of the Department, in consultation 
     with the most senior privacy and civil liberties officer or 
     officers of any appropriate agencies, shall jointly submit to 
     Congress a report assessing the privacy and civil liberties 
     impact of the governmental activities conducted pursuant to 
     this title.
       (5) Reports on information sharing.--
       (A) Privacy and civil liberties oversight board report.--
     Not later than 2 years after the date of the enactment of 
     this title, and every 2 years thereafter, the Privacy and 
     Civil Liberties Oversight Board shall submit to Congress and 
     the President a report providing--
       (i) an analysis of the practices of private entities that 
     are disclosing cybersecurity threat indicators pursuant to 
     this title;
       (ii) an assessment of the privacy and civil liberties 
     impact of the activities carried out by the Federal entities 
     under this title; and
       (iii) recommendations for improvements to or modifications 
     of the law and the policies and procedures established 
     pursuant to paragraph (3) in order to address privacy and 
     civil liberties concerns.
       (B) Inspectors general annual report.--The Inspector 
     General of the Department, the Inspector General of the 
     Intelligence Community, the Inspector General of the 
     Department of Justice, and the Inspector General of the 
     Department of Defense shall, on an annual basis, jointly 
     submit to Congress a report on the receipt, use and 
     disclosure of information shared with a Federal cybersecurity 
     exchange under this title, including--
       (i) a review of the use by Federal entities of such 
     information for a purpose other than to protect information 
     systems from cybersecurity threats and to mitigate 
     cybersecurity threats, including law enforcement access and 
     use pursuant to paragraph (2);
       (ii) a review of the type of information shared with a 
     Federal cybersecurity exchange;
       (iii) a review of the actions taken by Federal entities 
     based on such information;
       (iv) appropriate metrics to determine the impact of the 
     sharing of such information with a Federal cybersecurity 
     exchange on privacy and civil liberties;
       (v) a list of Federal entities receiving such information;
       (vi) a review of the sharing of such information among 
     Federal entities to identify inappropriate stovepiping of 
     shared information; and
       (vii) any recommendations of the inspectors general for 
     improvements or modifications to the authorities under this 
     title.
       (C) Form.--Each report required under this paragraph shall 
     be submitted in unclassified form, but may include a 
     classified annex.
       (6) Sanctions.--The head of each Federal entity that 
     conducts activities under this title shall develop and 
     enforce appropriate sanctions for officers, employees, or 
     agents of such entities who conducts such activities--
       (A) outside the normal course of their specified duties;

[[Page S5780]]

       (B) in a manner inconsistent with the discharge of the 
     responsibilities of such entity; or
       (C) in contravention of the requirements, policies, and 
     procedures required by this subsection.
       (7) Federal government liability for violations of this 
     title.--
       (A) In general.--If a Federal entity intentionally or 
     willfully violates a provision of this title or a regulation 
     promulgated under this title, the United States shall be 
     liable to a person adversely affected by such violation in an 
     amount equal to the sum of--
       (i) the actual damages sustained by the person as a result 
     of the violation or $1,000, whichever is greater; and
       (ii) the costs of the action together with reasonable 
     attorney fees as determined by the court.
       (B) Venue.--An action to enforce liability created under 
     this subsection may be brought in the district court of the 
     United States in--
       (i) the district in which the complainant resides;
       (ii) the district in which the principal place of business 
     of the complainant is located;
       (iii) the district in which the Federal entity that 
     disclosed the information is located; or
       (iv) the District of Columbia.
       (C) Statute of limitations.--No action shall lie under this 
     subsection unless such action is commenced not later than 2 
     years after the date of the violation that is the basis for 
     the action.
       (D) Exclusive cause of action.--A cause of action under 
     this subsection shall be the exclusive means available to a 
     complainant seeking a remedy for a disclosure of information 
     in violation of this title by a Federal entity.

     SEC. 704. SHARING OF CLASSIFIED CYBERSECURITY THREAT 
                   INDICATORS.

       (a) Sharing of Classified Cybersecurity Threat 
     Indicators.--The procedures established under section 
     702(a)(2) shall provide that classified cybersecurity threat 
     indicators may only be--
       (1) shared with certified entities;
       (2) shared in a manner that is consistent with the need to 
     protect the national security of the United States;
       (3) shared with a person with an appropriate security 
     clearance to receive such cybersecurity threat indicators; 
     and
       (4) used by a certified entity in a manner that protects 
     such cybersecurity threat indicators from unauthorized 
     disclosure.
       (b) Requirement for Guidelines.--Not later than 60 days 
     after the date of the enactment of this title, the Director 
     of National Intelligence shall issue guidelines providing 
     that appropriate Federal officials may, as the Director 
     considers necessary to carry out this title--
       (1) grant a security clearance on a temporary or permanent 
     basis to an employee of a certified entity;
       (2) grant a security clearance on a temporary or permanent 
     basis to a certified entity and approval to use appropriate 
     facilities; or
       (3) expedite the security clearance process for such an 
     employee or entity, if appropriate, in a manner consistent 
     with the need to protect the national security of the United 
     States.
       (c) Distribution of Procedures and Guidelines.--Following 
     the establishment of the procedures under section 702(a)(2) 
     and the issuance of the guidelines under subsection (b), the 
     Secretary and the Director of National Intelligence shall 
     expeditiously distribute such procedures and guidelines to--
       (1) appropriate governmental entities and private entities;
       (2) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     the Judiciary, and the Select Committee on Intelligence of 
     the Senate; and
       (3) the Committee on Armed Services, the Committee on 
     Energy and Commerce, the Committee on Homeland Security, the 
     Committee on the Judiciary, and the Permanent Select 
     Committee on Intelligence of the House of Representatives.

     SEC. 705. LIMITATION ON LIABILITY AND GOOD FAITH DEFENSE FOR 
                   CYBERSECURITY ACTIVITIES.

       (a) In General.--No civil or criminal cause of action shall 
     lie or be maintained in any Federal or State court against 
     any entity acting as authorized by this title, and any such 
     action shall be dismissed promptly for activities authorized 
     by this title consisting of the voluntary disclosure of a 
     lawfully obtained cybersecurity threat indicator--
       (1) to a cybersecurity exchange pursuant to section 703(a);
       (2) by a provider of cybersecurity services to a customer 
     of that provider;
       (3) to a private entity or governmental entity that 
     provides or manages critical infrastructure (as that term is 
     used in section 1016 of the Critical Infrastructures 
     Protection Act of 2001 (42 U.S.C. 5195c)); or
       (4) to any other private entity under section 701(a), if 
     the cybersecurity threat indicator is also disclosed within a 
     reasonable time to a cybersecurity exchange.
       (b) Good Faith Defense.--If a civil or criminal cause of 
     action is not barred under subsection (a), a reasonable good 
     faith reliance that this title permitted the conduct 
     complained of is a complete defense against any civil or 
     criminal action brought under this title or any other law.
       (c) Limitation on Use of Cybersecurity Threat Indicators 
     for Regulatory Enforcement Actions.--No Federal entity may 
     use a cybersecurity threat indicator received pursuant to 
     this title as evidence in a regulatory enforcement action 
     against the entity that lawfully shared the cybersecurity 
     threat indicator with a cybersecurity exchange that is a 
     Federal entity.
       (d) Delay of Notification Authorized for Law Enforcement, 
     National Security, or Homeland Security Purposes.--No civil 
     or criminal cause of action shall lie or be maintained in any 
     Federal or State court against any entity, and any such 
     action shall be dismissed promptly, for a failure to disclose 
     a cybersecurity threat indicator if--
       (1) the Attorney General or the Secretary determines that 
     disclosure of a cybersecurity threat indicator would impede a 
     civil or criminal investigation and submits a written request 
     to delay notification for up to 30 days, except that the 
     Attorney General or the Secretary may, by a subsequent 
     written request, revoke such delay or extend the period of 
     time set forth in the original request made under this 
     paragraph if further delay is necessary; or
       (2) the Secretary, the Attorney General, or the Director of 
     National Intelligence determines that disclosure of a 
     cybersecurity threat indicator would threaten national or 
     homeland security and submits a written request to delay 
     notification, except that the Secretary, the Attorney 
     General, or the Director, may, by a subsequent written 
     request, revoke such delay or extend the period of time set 
     forth in the original request made under this paragraph if 
     further delay is necessary.
       (e) Limitation on Liability for Failure to Act.--No civil 
     or criminal cause of action shall lie or be maintained in any 
     Federal or State court against any private entity, or any 
     officer, employee, or agent of such an entity, and any such 
     action shall be dismissed promptly, for the reasonable 
     failure to act on information received under this title.
       (f) Defense for Breach of Contract.--Compliance with lawful 
     restrictions placed on the disclosure or use of cybersecurity 
     threat indicators is a complete defense to any tort or breach 
     of contract claim originating in a failure to disclose 
     cybersecurity threat indicators to a third party.
       (g) Limitation on Liability Protections.--Any person who, 
     knowingly or acting in gross negligence, violates a provision 
     of this title or a regulation promulgated under this title 
     shall--
       (1) not receive the protections of this title; and
       (2) be subject to any criminal or civil cause of action 
     that may arise under any other State or Federal law 
     prohibiting the conduct in question.

     SEC. 706. CONSTRUCTION AND FEDERAL PREEMPTION.

       (a) Construction.--Nothing in this title may be construed--
       (1) to limit any other existing authority or lawful 
     requirement to monitor information systems and information 
     that is stored on, processed by, or transiting such 
     information systems, operate countermeasures, and retain, use 
     or disclose lawfully obtained information;
       (2) to permit the unauthorized disclosure of--
       (A) information that has been determined by the Federal 
     Government pursuant to an Executive order or statute to 
     require protection against unauthorized disclosure for 
     reasons of national defense or foreign relations;
       (B) any restricted data (as that term is defined in 
     paragraph (y) of section 11 of the Atomic Energy Act of 1954 
     (42 U.S.C. 2014));
       (C) information related to intelligence sources and 
     methods; or
       (D) information that is specifically subject to a court 
     order or a certification, directive, or other authorization 
     by the Attorney General precluding such disclosure;
       (3) to provide additional authority to, or modify an 
     existing authority of, the Department of Defense or the 
     National Security Agency or any other element of the 
     intelligence community to control, modify, require, or 
     otherwise direct the cybersecurity efforts of a non-Federal 
     entity or a Federal entity;
       (4) to limit or modify an existing information sharing 
     relationship;
       (5) to prohibit a new information sharing relationship;
       (6) to require a new information sharing relationship 
     between a Federal entity and a private entity;
       (7) to limit the ability of a non-Federal entity or a 
     Federal entity to receive data about its information systems, 
     including lawfully obtained cybersecurity threat indicators;
       (8) to authorize or prohibit any law enforcement, homeland 
     security, or intelligence activities not otherwise authorized 
     or prohibited under another provision of law;
       (9) to permit price-fixing, allocating a market between 
     competitors, monopolizing or attempting to monopolize a 
     market, boycotting, or exchanges of price or cost 
     information, customer lists, or information regarding future 
     competitive planning;
       (10) to authorize or limit liability for actions that would 
     violate the regulations adopted by the Federal Communications 
     Commission on preserving the open Internet, or any successor 
     regulations thereto, nor to modify or alter the obligations 
     of private entities under such regulations; or

[[Page S5781]]

       (11) to prevent a governmental entity from using 
     information not acquired through a cybersecurity exchange for 
     regulatory purposes.
       (b) Federal Preemption.--This title supersedes any law or 
     requirement of a State or political subdivision of a State 
     that restricts or otherwise expressly regulates the provision 
     of cybersecurity services or the acquisition, interception, 
     retention, use or disclosure of communications, records, or 
     other information by private entities to the extent such law 
     contains requirements inconsistent with this title.
       (c) Preservation of Other State Law.--Except as expressly 
     provided, nothing in this title shall be construed to preempt 
     the applicability of any other State law or requirement.
       (d) No Creation of a Right to Information.--The provision 
     of information to a non-Federal entity under this title does 
     not create a right or benefit to similar information by any 
     other non-Federal entity.
       (e) Prohibition on Requirement to Provide Information to 
     the Federal Government.--Nothing in this title may be 
     construed to permit a Federal entity--
       (1) to require a non-Federal entity to share information 
     with the Federal Government;
       (2) to condition the disclosure of unclassified or 
     classified cybersecurity threat indicators pursuant to this 
     title with a non-Federal entity on the provision of 
     cybersecurity threat information to the Federal Government; 
     or
       (3) to condition the award of any Federal grant, contract 
     or purchase on the provision of cybersecurity threat 
     indicators to a Federal entity, if the provision of such 
     indicators does not reasonably relate to the nature of 
     activities, goods, or services covered by the award.
       (f) Limitation on Use of Information.--No cybersecurity 
     threat indicators obtained pursuant to this title may be 
     used, retained, or disclosed by a Federal entity or non-
     Federal entity, except as authorized under this title.
       (g) Declassification and Sharing of Information.--
     Consistent with the exemptions from public disclosure of 
     section 704(d), the Director of National Intelligence, in 
     consultation with the Secretary and the head of the Federal 
     entity in possession of the information, shall facilitate the 
     declassification and sharing of information in the possession 
     of a Federal entity that is related to cybersecurity threats, 
     as the Director deems appropriate.
       (h) Report on Implementation.--Not later than 2 years after 
     the date of the enactment of this title, the Secretary, the 
     Director of National Intelligence, the Attorney General, and 
     the Secretary of Defense shall jointly submit to Congress a 
     report that--
       (1) describes the extent to which the authorities conferred 
     by this title have enabled the Federal Government and the 
     private sector to mitigate cybersecurity threats;
       (2) discloses any significant acts of noncompliance by a 
     non-Federal entity with this title, with special emphasis on 
     privacy and civil liberties, and any measures taken by the 
     Federal Government to uncover such noncompliance;
       (3) describes in general terms the nature and quantity of 
     information disclosed and received by governmental entities 
     and private entities under this title; and
       (4) identifies the emergence of new threats or technologies 
     that challenge the adequacy of the law, including the 
     definitions, authorities and requirements of this title, for 
     keeping pace with the threat.
       (i) Requirement for Annual Report.--On an annual basis, the 
     Director of National Intelligence shall provide a report to 
     the Select Committee on Intelligence of the Senate and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives on the implementation of section 704. Such 
     report, which shall be submitted in a classified and in an 
     unclassified form, shall include a list of private entities 
     that receive classified cybersecurity threat indicators under 
     this title, except that the unclassified report shall not 
     contain information that may be used to identify specific 
     private entities unless such private entities consent to such 
     identification.

     SEC. 707. DEFINITIONS.

       In this title:
       (1) Certified entity.--The term ``certified entity'' means 
     a protected entity, a self-protected entity, or a provider of 
     cybersecurity services that--
       (A) possesses or is eligible to obtain a security 
     clearance, as determined by the Director of National 
     Intelligence; and
       (B) is able to demonstrate to the Director of National 
     Intelligence that such provider or such entity can 
     appropriately protect and use classified cybersecurity threat 
     indicators.
       (2) Cybersecurity crime.--The term ``cybersecurity crime'' 
     means the violation of a provision of State or Federal law 
     relating to computer crimes, including a violation of any 
     provision of title 18, United States Code, enacted or amended 
     by the Computer Fraud and Abuse Act of 1986 (Public Law 99-
     474; 100 Stat. 1213).
       (3) Cybersecurity exchange.--The term ``cybersecurity 
     exchange'' means any governmental entity or private entity 
     designated by the Secretary of Homeland Security, in 
     consultation with the Director of National Intelligence, the 
     Attorney General, and the Secretary of Defense, to receive 
     and distribute cybersecurity threat indicators under section 
     703(a).
       (4) Cybersecurity services.--The term ``cybersecurity 
     services'' means products, goods, or services intended to 
     detect, mitigate, or prevent cybersecurity threats.
       (5) Cybersecurity threat.--The term ``cybersecurity 
     threat'' means any action that may result in unauthorized 
     access to, exfiltration of, manipulation of, harm of, or 
     impairment to the integrity, confidentiality, or availability 
     of an information system or information that is stored on, 
     processed by, or transiting an information system, except 
     that none of the following shall be considered a 
     cybersecurity threat--
       (A) actions protected by the first amendment to the 
     Constitution of the United States; and
       (B) exceeding authorized access of an information system, 
     if such access solely involves a violation of consumer terms 
     of service or consumer licensing agreements.
       (6) Cybersecurity threat indicator.--The term 
     ``cybersecurity threat indicator'' means information--
       (A) that is reasonably necessary to describe--
       (i) malicious reconnaissance, including anomalous patterns 
     of communications that reasonably appear to be transmitted 
     for the purpose of gathering technical information related to 
     a cybersecurity threat;
       (ii) a method of defeating a technical control;
       (iii) a technical vulnerability;
       (iv) a method of defeating an operational control;
       (v) a method of causing a user with legitimate access to an 
     information system or information that is stored on, 
     processed by, or transiting an information system to 
     unwittingly enable the defeat of a technical control or an 
     operational control;
       (vi) malicious cyber command and control;
       (vii) the actual or potential harm caused by an incident, 
     including information exfiltrated as a result of defeating a 
     technical control or an operational control when it is 
     necessary in order to identify or describe a cybersecurity 
     threat;
       (viii) any other attribute of a cybersecurity threat, if 
     disclosure of such attribute is not otherwise prohibited by 
     law; or
       (ix) any combination thereof; and
       (B) from which reasonable efforts have been made to remove 
     information that can be used to identify specific persons 
     unrelated to the cybersecurity threat.
       (7) Federal cybersecurity center.--The term ``Federal 
     cybersecurity center'' means the Department of Defense Cyber 
     Crime Center, the Intelligence Community Incident Response 
     Center, the United States Cyber Command Joint Operations 
     Center, the National Cyber Investigative Joint Task Force, 
     the National Security Agency/Central Security Service Threat 
     Operations Center, the United States Computer Emergency 
     Readiness Team, or successors to such centers.
       (8) Federal entity.--The term ``Federal entity'' means an 
     agency or department of the United States, or any component, 
     officer, employee, or agent of such an agency or department.
       (9) Governmental entity.--The term ``governmental entity'' 
     means any Federal entity and agency or department of a State, 
     local, tribal, or territorial government other than an 
     educational institution, or any component, officer, employee, 
     or agent of such an agency or department.
       (10) Information system.--The term ``information system'' 
     means a discrete set of information resources organized for 
     the collection, processing, maintenance, use, sharing, 
     dissemination, or disposition of information, including 
     communications with, or commands to, specialized systems such 
     as industrial and process control systems, telephone 
     switching and private branch exchanges, and environmental 
     control systems.
       (11) Malicious cyber command and control.--The term 
     ``malicious cyber command and control'' means a method for 
     remote identification of, access to, or use of, an 
     information system or information that is stored on, 
     processed by, or transiting an information system associated 
     with a known or suspected cybersecurity threat.
       (12) Malicious reconnaissance.--The term ``malicious 
     reconnaissance'' means a method for actively probing or 
     passively monitoring an information system for the purpose of 
     discerning technical vulnerabilities of the information 
     system, if such method is associated with a known or 
     suspected cybersecurity threat.
       (13) Monitor.--The term ``monitor'' means the interception, 
     acquisition, or collection of information that is stored on, 
     processed by, or transiting an information system for the 
     purpose of identifying cybersecurity threats.
       (14) Non-federal entity.--The term ``non-Federal entity'' 
     means a private entity or a governmental entity other than a 
     Federal entity.
       (15) Operational control.--The term ``operational control'' 
     means a security control for an information system that 
     primarily is implemented and executed by people.
       (16) Private entity.--The term ``private entity'' has the 
     meaning given the term ``person'' in section 1 of title 1, 
     United States Code, and does not include a governmental 
     entity.
       (17) Protect.--The term ``protect'' means actions 
     undertaken to secure, defend, or reduce the vulnerabilities 
     of an information system, mitigate cybersecurity threats, or 
     otherwise enhance information security or

[[Page S5782]]

     the resiliency of information systems or assets.
       (18) Technical control.--The term ``technical control'' 
     means a hardware or software restriction on, or audit of, 
     access or use of an information system or information that is 
     stored on, processed by, or transiting an information system 
     that is intended to ensure the confidentiality, integrity, or 
     availability of that system.
       (19) Technical vulnerability.--The term ``technical 
     vulnerability'' means any attribute of hardware or software 
     that could enable or facilitate the defeat of a technical 
     control.
       (20) Third party.--The term ``third party'' includes 
     Federal entities and non-Federal entities.
                                 ______
                                 
  SA 2704. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       On page 10, strike lines 16 through 25 and insert the 
     following:

     and the member agencies; and
       (2) ensure the timely implementation of decisions of the 
     Council.
       (d) Presidential Authority.--The Chairperson may take 
     emergency action to fulfill the responsibilities of the 
     Council if--
       (1) the Chairperson determines that the emergency action is 
     necessary to prevent or mitigate an imminent cybersecurity 
     threat; and
       (2) the President approves the emergency action.
                                 ______
                                 
  SA 2705. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       On page 153, strike lines 17 through 20 and insert the 
     following:
       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Energy, in consultation with the 
     Secretary, the Secretary of Defense, the Director of National 
     Intelligence, the Director of the National Institute of 
     Standards and Technology, the Federal Energy Regulatory 
     Commission, and the Electric Reliability Organization (as 
     defined in section 215(a) of the Federal Power Act (16 U.S.C. 
     824o(a)) shall submit to Congress a report on--
                                 ______
                                 
  SA 2706. Mrs. MURRAY submitted an amendment intended to be proposed 
by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       On page 11, strike lines 12 and 13 and insert the 
     following:

     as appropriate;
       (7) the National Guard Bureau; and
       (8) the Department.
       At the end of title IV, add the following:

     SEC. 416. REPORT ON ROLES AND MISSIONS OF THE NATIONAL GUARD 
                   IN STATE STATUS IN SUPPORT OF THE CYBERSECURITY 
                   EFFORTS OF THE FEDERAL GOVERNMENT.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall, in 
     consultation with the Secretary of Defense and the Chief of 
     the National Guard Bureau, submit to the appropriate 
     committees of Congress a report on the roles and missions of 
     the National Guard in State status (commonly referred to as 
     ``title 32 status'') in support of the cybersecurity efforts 
     of the Department of Homeland Security, the Department of 
     Defense, and other departments and agencies of the Federal 
     Government.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the current roles and missions of the 
     National Guard in State status in support of the 
     cybersecurity efforts of the Federal Government, and a 
     description of the policies and authorities governing the 
     discharge of such roles and missions.
       (2) A description of potential roles and missions for the 
     National Guard in State status in support of the 
     cybersecurity efforts of the Federal Government, a 
     description of the policies and authorities to govern the 
     discharge of such roles and missions, and recommendations for 
     such legislative or administrative actions as may be required 
     to establish and implement such roles and missions.
       (3) An assessment of the feasability and advisability of 
     public-private partnerships on homeland cybersecurity 
     missions involving the National Guard in State status, 
     including the advisability of using pilot programs to 
     evaluate feasability and advisability of such partnerships.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Armed Services of the Senate; 
     and
       (2) the Committee on Homeland Security and the Committee on 
     Armed Services of the House of Representatives.
                                 ______
                                 
  SA 2707. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       On page 34, strike lines 3 through 17 and insert the 
     following:
       (1) provide a Federal agency with additional or greater 
     authority for regulating the security of critical cyber 
     infrastructure than any authority the Federal agency has 
     under other law;
       (2) limit or restrict the authority of the Department, or 
     any other Federal agency, under any other provision of law; 
     or
       (3) permit any owner (including a certified
                                 ______
                                 
  SA 2708. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       On page 182, strike lines 7 through 16 and insert the 
     following:
       (d) Protection of Information From Disclosure.--A 
     cybersecurity threat indicator or any other information that 
     was developed, submitted, obtained, or shared in connection 
     with the implementation of this section shall be--
       (1) exempt from disclosure under section 552(b)(3) of title 
     5, United States Code;
       (2) exempt from disclosure under any State, local, or 
     tribal law or regulation that requires public disclosure of 
     information or records by a public or quasi-public entity; 
     and
       (3) treated as voluntarily shared information under section 
     552 of title 5, United States Code, or any comparable State, 
     local, or tribal law or regulation.
                                 ______
                                 
  SA 2709. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States, which 
was ordered to lie on the table; as follows:

       On page 23, strike line 18 and all that follows through 
     page 25, line 8.
                                 ______
                                 
  SA 2710. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States, which 
was ordered to lie on the table; as follows:

       On page 20, strike line 6 and all that follows through page 
     22, line 14, and insert the following:

     date on which the top-level assessment is completed under 
     section 102(a)(2)(A), each sector coordinating council shall 
     propose to the Council voluntary outcome-based cybersecurity 
     practices (referred to in this section as ``cybersecurity 
     practices'') sufficient to effectively remediate or mitigate 
     cyber risks identified through an assessment conducted under 
     section 102(a) comprised of--
       (1) industry best practices, standards, and guidelines; or
       (2) practices developed by the sector coordinating council 
     in coordination with owners and operators, voluntary 
     consensus standards development organizations, 
     representatives of State and local governments, the private 
     sector, and appropriate information sharing and analysis 
     organizations.
       (b) Review of Cybersecurity Practices.--
       (1) In general.--The Council shall, in consultation with 
     owners and operators, the Critical Infrastructure Partnership 
     Advisory Council, and appropriate information sharing and 
     analysis organizations, and in coordination with appropriate 
     representatives from State and local governments--
       (A) consult with relevant security experts and institutions 
     of higher education, including university information 
     security centers, appropriate nongovernmental cybersecurity 
     experts, and representatives from national laboratories;
       (B) review relevant regulations or compulsory standards or 
     guidelines;
       (C) review cybersecurity practices proposed under 
     subsection (a); and
       (D) consider any amendments to the cybersecurity practices 
     and any additional cybersecurity practices necessary to 
     ensure adequate remediation or mitigation of the cyber risks 
     identified through an assessment conducted under section 
     102(a).
       (2) Adoption.--
       (A) In general.--Not later than 1 year after the date on 
     which the top-level assessment is completed under section 
     102(a)(2)(A), the Council shall--
       (i) adopt any cybersecurity practices proposed under 
     subsection (a) that adequately remediate or mitigate 
     identified cyber risks and any associated consequences 
     identified through an assessment conducted under section 
     102(a); and
       (ii) adopt any amended or additional cybersecurity 
     practices necessary to ensure the adequate remediation or 
     mitigation of the cyber risks identified through an 
     assessment conducted under section 102(a).
       (B) No submission by sector coordinating council.--If a 
     sector coordinating council fails to propose to the Council 
     cybersecurity practices under subsection (a) within 180 days 
     of the date on which the top-level assessment is completed 
     under section

[[Page S5783]]

     102(a)(2)(A), not later than 1 year after the date on which 
     the top-level assessment is completed under section 
     102(a)(2)(A) the Council shall adopt cybersecurity
                                 ______
                                 
  SA 2711. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States, which 
was ordered to lie on the table; as follows:

       On page 43, beginning on line 14, strike ``section 
     104(c)(1) and section 106'' and insert the following: 
     ``sections 104(c)(1), 106, and 704(d)''.
                                 ______
                                 
  SA 2712. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States, which 
was ordered to lie on the table; as follows:

       On page 41, strike line 5 and all that follows through page 
     42, line 4, and insert the following:

     date on which the Council completes the adoption of 
     cybersecurity practices under section 103(b)(2), and every 
     year thereafter, the Council shall submit to the appropriate 
     congressional committees a report on the effectiveness of 
     this title in reducing the risk of cyber attack to critical 
     infrastructure.
       (b) Contents.--Each report submitted under subsection (a) 
     shall include--
       (1) a discussion of cyber risks and associated consequences 
     and whether the cybersecurity practices developed under 
     section 103 are sufficient to effectively remediate and 
     mitigate cyber risks and associated consequences; and
       (2) an analysis of--
       (A) whether owners of critical cyber infrastructure are 
     successfully implementing the cybersecurity practices adopted 
     under section 103;
       (B) whether the critical infrastructure of the United 
     States is effectively secured from cybersecurity threats, 
     vulnerabilities, and consequences; and
       (C) whether additional legislative authority
                                 ______
                                 
  SA 2713. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States, which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                TITLE __--CYBER ATTACKS INVOLVING DRONES

     SEC. _01. DEFINITIONS.

       In this title--
       (1) the term ``drone'' means any aerial vehicle that--
       (A) does not carry a human operator;
       (B) uses aerodynamic or aerostatic forces to provide 
     vehicle lift;
       (C) can fly autonomously or be piloted remotely;
       (D) can be expendable or recoverable; and
       (E) can carry a lethal or nonlethal payload; and
       (2) the term ``law enforcement party'' means a person or 
     entity authorized by law, or funded, in whole or in part, by 
     the Government of the United States, to investigate or 
     prosecute offenses against the United States.

     SEC. _02. PROTECTION AGAINST UNAUTHORIZED USE OF DRONES.

       (a) In General.--No drone may be deployed or otherwise used 
     by any officer, employee, or contractor of the Federal 
     Government or by a person or entity acting under the 
     authority of, or funded in whole or in part by, the 
     Government of the United States, until the National 
     Cybersecurity Council or other person, division, or entity 
     placed in charge of cybersecurity efforts in the United 
     States certifies that any such drone is immune from a cyber 
     attack or other compromise of control, navigation, or data.
       (b) Employment of Certified Drones.--Except as provided in 
     section _03, no officer, employee, or contractor of the 
     Federal Government or any person or entity acting under the 
     authority of, or funded in whole or in part by, the 
     Government of the United States shall use a drone to gather 
     evidence or other information pertaining to criminal conduct 
     or conduct in violation of a statute or regulation, except to 
     the extent authorized in a warrant that satisfies the 
     requirements of the Fourth Amendment to the Constitution of 
     the United States.

     SEC. _03. EXCEPTIONS.

       This title does not prohibit any of the following:
       (1) Patrol of borders.--The use of a drone certified under 
     section _02(a) to patrol national borders to prevent or deter 
     illegal entry of any persons or illegal substances.
       (2) Exigent circumstances.--The use of a drone certified 
     under section _02(a) by a law enforcement party when exigent 
     circumstances exist. For the purposes of this paragraph, 
     exigent circumstances exist when the law enforcement party 
     possesses reasonable suspicion that under particular 
     circumstances, swift action to prevent imminent danger to 
     life is necessary.
       (3) High risk.--The use of a drone certified under section 
     _02(a) to counter a high risk of a terrorist attack by a 
     specific individual or organization, when the Secretary of 
     Homeland Security determines credible intelligence indicates 
     there is such a risk.

     SEC. _04. REMEDIES FOR VIOLATION.

       Any aggrieved party may in a civil action obtain all 
     appropriate relief to prevent or remedy a violation of this 
     title.

     SEC. _05. PROHIBITION ON USE OF EVIDENCE.

       No evidence obtained or collected in violation of this 
     title may be admissible as evidence in a criminal prosecution 
     in any court of law in the United States.
                                 ______
                                 
  SA 2714. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       On page 23, strike line 19 and all that follows through 
     page 34, line 19, and insert the following:
       (1) Rule of construction.--Nothing in this section shall be 
     construed to provide a Federal agency that has authority for 
     regulating the security of critical cyber infrastructure any 
     authority in addition to or to a greater extent than the 
     authority the Federal agency has under other law.
       (2) Avoidance of conflict.--No cybersecurity practice 
     shall--
       (A) prevent an owner (including a certified owner) from 
     complying with any law or regulation; or
       (B) require an owner (including a certified owner) to 
     implement cybersecurity measures that prevent the owner from 
     complying with any law or regulation.
       (3) Avoidance of duplication.--Where regulations or 
     compulsory standards regulate the security of critical cyber 
     infrastructure, a cybersecurity practice shall, to the 
     greatest extent possible, complement or otherwise improve the 
     regulations or compulsory standards.
       (h) Independent Review.--
       (1) In general.--Each cybersecurity practice shall be 
     publicly reviewed by the relevant sector coordinating council 
     and the Critical Infrastructure Partnership Advisory Council, 
     which may include input from relevant institutions of higher 
     education, including university information security centers, 
     national laboratories, and appropriate non-governmental 
     cybersecurity experts.
       (2) Consideration by council.--The Council shall consider 
     any review conducted under paragraph (1).
       (i) Voluntary Technical Assistance.--At the request of an 
     owner or operator of critical infrastructure, the Council 
     shall provide guidance on the application of cybersecurity 
     practices to the critical infrastructure.

     SEC. 104. VOLUNTARY CYBERSECURITY PROGRAM FOR CRITICAL 
                   INFRASTRUCTURE.

       (a) Voluntary Cybersecurity Program for Critical 
     Infrastructure.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Council, in consultation with 
     owners and operators and the Critical Infrastructure 
     Partnership Advisory Council, shall establish the Voluntary 
     Cybersecurity Program for Critical Infrastructure in 
     accordance with this section.
       (2) Eligibility.--
       (A) In general.--An owner of critical cyber infrastructure 
     may apply for certification under the Voluntary Cybersecurity 
     Program for Critical Infrastructure.
       (B) Criteria.--The Council shall establish criteria for 
     owners of critical infrastructure that is not critical cyber 
     infrastructure to be eligible to apply for certification in 
     the Voluntary Cybersecurity Program for Critical 
     Infrastructure.
       (3) Application for certification.--An owner of critical 
     cyber infrastructure or an owner of critical infrastructure 
     that meets the criteria established under paragraph (2)(B) 
     that applies for certification under this subsection shall--
       (A) select and implement cybersecurity measures of their 
     choosing that satisfy the outcome-based cybersecurity 
     practices established under section 103; and
       (B)(i) certify in writing and under penalty of perjury to 
     the Council that the owner has developed and effectively 
     implemented cybersecurity measures sufficient to satisfy the 
     outcome-based cybersecurity practices established under 
     section 103; or
       (ii) submit to the Council an assessment verifying that the 
     owner has developed and effectively implemented cybersecurity 
     measures sufficient to satisfy the outcome-based 
     cybersecurity practices established under section 103.
       (4) Certification.--Upon receipt of a self-certification 
     under paragraph (3)(B)(i) or an assessment under paragraph 
     (3)(B)(ii) the Council shall certify an owner.
       (5) Nonperformance.--If the Council determines that a 
     certified owner is not in compliance with the cybersecurity 
     practices established under section 103, the Council shall--
       (A) notify the certified owner of such determination; and
       (B) work with the certified owner to remediate promptly any 
     deficiencies.
       (6) Revocation.--If a certified owner fails to remediate 
     promptly any deficiencies identified by the Council, the 
     Council shall revoke the certification of the certified 
     owner.

[[Page S5784]]

       (7) Redress.--
       (A) In general.--If the Council revokes a certification 
     under paragraph (6), the Council shall--
       (i) notify the owner of such revocation; and
       (ii) provide the owner with specific cybersecurity measures 
     that, if implemented, would remediate any deficiencies.
       (B) Recertification.--If the Council determines that an 
     owner has remedied any deficiencies and is in compliance with 
     the cybersecurity practices, the Council may recertify the 
     owner.
       (b) Assessments.--
       (1) Third-party assessments.--The Council, in consultation 
     with owners and operators and the Critical Infrastructure 
     Protection Advisory Council, shall enter into agreements with 
     qualified third-party private entities, to conduct 
     assessments that use reliable, repeatable, performance-based 
     evaluations and metrics to assess whether an owner certified 
     under subsection (a)(3)(B)(ii) is in compliance with all 
     applicable cybersecurity practices.
       (2) Training.--The Council shall ensure that third party 
     assessors described in paragraph (1) undergo regular training 
     and accreditation.
       (3) Other assessments.--Using the procedures developed 
     under this section, the Council may perform cybersecurity 
     assessments of a certified owner based on actual knowledge or 
     a reasonable suspicion that the certified owner is not in 
     compliance with the cybersecurity practices or any other 
     risk-based factors as identified by the Council.
       (4) Notification.--The Council shall provide copies of any 
     assessments by the Federal Government to the certified owner.
       (5) Access to information.--
       (A) In general.--For the purposes of an assessment 
     conducted under this subsection, a certified owner shall 
     provide the Council, or a third party assessor, any 
     reasonable access necessary to complete an assessment.
       (B) Protection of information.--Information provided to the 
     Council, the Council's designee, or any assessor during the 
     course of an assessment under this section shall be protected 
     from disclosure in accordance with section 106.
       (c) Benefits of Certification.--
       (1) Limitations on civil liability.--
       (A) In general.--In any civil action for damages directly 
     caused by an incident related to a cyber risk identified 
     through an assessment conducted under section 102(a), a 
     certified owner shall not be liable for any punitive damages 
     intended to punish or deter if the certified owner is in 
     substantial compliance with the appropriate cybersecurity 
     practices at the time of the incident related to that cyber 
     risk.
       (B) Limitation.--Subaragraph (A) shall only apply to harm 
     directly caused by the incident related to the cyber risk and 
     shall not apply to damages caused by any additional or 
     intervening acts or omissions by the owner.
       (2) Expedited security clearance process.--The Council, in 
     coordination with the Office of the Director of National 
     Intelligence, shall establish a procedure to expedite the 
     provision of security clearances to appropriate personnel 
     employed by a certified owner.
       (3) Prioritized technical assistance.--The Council shall 
     ensure that certified owners are eligible to receive 
     prioritized technical assistance.
       (4) Provision of cyber threat information.--The Council 
     shall develop, in coordination with certified owners, a 
     procedure for ensuring that certified owners are, to the 
     maximum extent practicable and consistent with the protection 
     of sources and methods, informed of relevant real-time cyber 
     threat information.
       (5) Public recognition.--With the approval of a certified 
     owner, the Council may publicly recognize the certified owner 
     if the Council determines such recognition does not pose a 
     risk to the security of critical cyber infrastructure.
       (6) Study to examine benefits of procurement preference.--
       (A) In general.--The Federal Acquisition Regulatory 
     Council, in coordination with the Council and with input from 
     relevant private sector individuals and entities, shall 
     conduct a study examining the potential benefits of 
     establishing a procurement preference for the Federal 
     Government for certified owners.
       (B) Areas.--The study under subparagraph (A) shall include 
     a review of--
       (i) potential persons and related property and services 
     that could be eligible for preferential consideration in the 
     procurement process;
       (ii) development and management of an approved list of 
     categories of property and services that could be eligible 
     for preferential consideration in the procurement process;
       (iii) appropriate mechanisms to implement preferential 
     consideration in the procurement process, including--

       (I) establishing a policy encouraging Federal agencies to 
     conduct market research and industry outreach to identify 
     property and services that adhere to relevant cybersecurity 
     practices;
       (II) authorizing the use of a mark for the Voluntary 
     Cybersecurity Program for Critical Infrastructure to be used 
     for marketing property or services to the Federal Government;
       (III) establishing a policy of encouraging procurement of 
     certain property and services from an approved list;
       (IV) authorizing the use of a preference by Federal 
     agencies in the evaluation process; and
       (V) authorizing a requirement in certain solicitations that 
     the person providing the property or services be a certified 
     owner; and

       (iv) benefits of and impact on the economy and efficiency 
     of the Federal procurement system, if preferential 
     consideration were given in the procurement process to 
     encourage the procurement of property and services that 
     adhere to relevant baseline performance goals establishing 
     under the Voluntary Cybersecurity Program for Critical 
     Infrastructure.

     SEC. 105. RULES OF CONSTRUCTION.

       Nothing in this title shall be construed to--
       (1) provide additional authority for any sector-specific 
     agency or any Federal agency that is not a sector-specific 
     agency with responsibilities for regulating the security of 
     critical infrastructure to establish standards or other 
     cybersecurity measures that are applicable to the security of 
     critical infrastructure not otherwise authorized by law;
       (2) limit or restrict the authority of the Department, or 
     any other Federal agency, under any other provision of law; 
     or
       (3) permit any owner (including a certified owner) to fail 
     to comply with any other law or regulation, unless 
     specifically authorized.
                                 ______
                                 
  SA 2715. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       On page 199, between lines 12 and 13, insert the following:
       (h) No Limitation on Contractual Liability.--No limitation 
     on liability or good faith defense provided under this 
     section shall apply to any civil claim against a private 
     entity arising under contract law.
                                 ______
                                 
  SA 2716. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DISTRICT OF COLUMBIA PAIN-CAPABLE UNBORN CHILD 
                   PROTECTION ACT.

       (a) Short Title.--This section may be cited as the 
     ``District of Columbia Pain-Capable Unborn Child Protection 
     Act''.
       (b) Legislative Findings.--Congress finds and declares the 
     following:
       (1) Pain receptors (nociceptors) are present throughout the 
     unborn child's entire body and nerves link these receptors to 
     the brain's thalamus and subcortical plate by no later than 
     20 weeks after fertilization.
       (2) By 8 weeks after fertilization, the unborn child reacts 
     to touch. After 20 weeks, the unborn child reacts to stimuli 
     that would be recognized as painful if applied to an adult 
     human, for example, by recoiling.
       (3) In the unborn child, application of such painful 
     stimuli is associated with significant increases in stress 
     hormones known as the stress response.
       (4) Subjection to such painful stimuli is associated with 
     long-term harmful neurodevelopmental effects, such as altered 
     pain sensitivity and, possibly, emotional, behavioral, and 
     learning disabilities later in life.
       (5) For the purposes of surgery on unborn children, fetal 
     anesthesia is routinely administered and is associated with a 
     decrease in stress hormones compared to their level when 
     painful stimuli are applied without such anesthesia.
       (6) The position, asserted by some medical experts, that 
     the unborn child is incapable of experiencing pain until a 
     point later in pregnancy than 20 weeks after fertilization 
     predominately rests on the assumption that the ability to 
     experience pain depends on the cerebral cortex and requires 
     nerve connections between the thalamus and the cortex. 
     However, recent medical research and analysis, especially 
     since 2007, provides strong evidence for the conclusion that 
     a functioning cortex is not necessary to experience pain.
       (7) Substantial evidence indicates that children born 
     missing the bulk of the cerebral cortex, those with 
     hydranencephaly, nevertheless experience pain.
       (8) In adult humans and in animals, stimulation or ablation 
     of the cerebral cortex does not alter pain perception, while 
     stimulation or ablation of the thalamus does.
       (9) Substantial evidence indicates that structures used for 
     pain processing in early development differ from those of 
     adults, using different neural elements available at specific 
     times during development, such as the subcortical plate, to 
     fulfill the role of pain processing.
       (10) The position, asserted by some commentators, that the 
     unborn child remains in a coma-like sleep state that 
     precludes the unborn child experiencing pain is inconsistent 
     with the documented reaction of unborn children to painful 
     stimuli and with the experience of fetal surgeons who have 
     found it necessary to sedate the unborn child with anesthesia 
     to prevent the unborn child from

[[Page S5785]]

     engaging in vigorous movement in reaction to invasive 
     surgery.
       (11) Consequently, there is substantial medical evidence 
     that an unborn child is capable of experiencing pain at least 
     by 20 weeks after fertilization, if not earlier.
       (12) It is the purpose of the Congress to assert a 
     compelling governmental interest in protecting the lives of 
     unborn children from the stage at which substantial medical 
     evidence indicates that they are capable of feeling pain.
       (13) The compelling governmental interest in protecting the 
     lives of unborn children from the stage at which substantial 
     medical evidence indicates that they are capable of feeling 
     pain is intended to be separate from and independent of the 
     compelling governmental interest in protecting the lives of 
     unborn children from the stage of viability, and neither 
     governmental interest is intended to replace the other.
       (14) The District Council of the District of Columbia, 
     operating under authority delegated by Congress, repealed all 
     limitations on abortion at any stage of pregnancy, effective 
     April 29, 2004.
       (15) Article I, section 8 of the Constitution of the United 
     States of America provides that the Congress shall ``exercise 
     exclusive Legislation in all Cases whatsoever'' over the 
     District established as the seat of government of the United 
     States, now known as the District of Columbia. The 
     constitutional responsibility for the protection of pain-
     capable unborn children within the Federal District resides 
     with the Congress.
       (c) District of Columbia Pain-capable Unborn Child 
     Protection.--
       (1) In general.--Chapter 74 of title 18, United States 
     Code, is amended by inserting after section 1531 the 
     following:

     ``Sec. 1532. District of Columbia pain-capable unborn child 
       protection

       ``(a) Unlawful Conduct.--Notwithstanding any other 
     provision of law, including any legislation of the District 
     of Columbia under authority delegated by Congress, it shall 
     be unlawful for any person to perform an abortion within the 
     District of Columbia, or attempt to do so, unless in 
     conformity with the requirements set forth in subsection (b).
       ``(b) Requirements for Abortions.--
       ``(1) The physician performing or attempting the abortion 
     shall first make a determination of the probable post-
     fertilization age of the unborn child or reasonably rely upon 
     such a determination made by another physician. In making 
     such a determination, the physician shall make such inquiries 
     of the pregnant woman and perform or cause to be performed 
     such medical examinations and tests as a reasonably prudent 
     physician, knowledgeable about the case and the medical 
     conditions involved, would consider necessary to make an 
     accurate determination of post-fertilization age.
       ``(2)(A) Except as provided in subparagraph (B), the 
     abortion shall not be performed or attempted, if the probable 
     post-fertilization age, as determined under paragraph (1), of 
     the unborn child is 20 weeks or greater.
       ``(B) Subject to subparagraph (C), subparagraph (A) does 
     not apply if, in reasonable medical judgment, the abortion is 
     necessary to save the life of a pregnant woman whose life is 
     endangered by a physical disorder, physical illness, or 
     physical injury, including a life-endangering physical 
     condition caused by or arising from the pregnancy itself, but 
     not including psychological or emotional conditions or any 
     claim or diagnosis that the woman will engage in conduct 
     which she intends to result in her death.
       ``(C) A physician terminating or attempting to terminate a 
     pregnancy under the exception provided by subparagraph (B) 
     may do so only in the manner which, in reasonable medical 
     judgment, provides the best opportunity for the unborn child 
     to survive, unless, in reasonable medical judgment, 
     termination of the pregnancy in that manner would pose a 
     greater risk of--
       ``(i) the death of the pregnant woman; or
       ``(ii) the substantial and irreversible physical impairment 
     of a major bodily function, not including psychological or 
     emotional conditions, of the pregnant woman;

     than would other available methods.
       ``(c) Criminal Penalty.--Whoever violates subsection (a) 
     shall be fined under this title or imprisoned for not more 
     than 2 years, or both.
       ``(d) Bar to Prosecution.--A woman upon whom an abortion in 
     violation of subsection (a) is performed or attempted may not 
     be prosecuted under, or for a conspiracy to violate, 
     subsection (a), or for an offense under section 2, 3, or 4 
     based on such a violation.
       ``(e) Civil Remedies.--
       ``(1) Civil action by woman on whom the abortion is 
     performed.--A woman upon whom an abortion has been performed 
     or attempted in violation of subsection (a), may in a civil 
     action against any person who engaged in the violation obtain 
     appropriate relief.
       ``(2) Civil action by relatives.--The father of an unborn 
     child who is the subject of an abortion performed or 
     attempted in violation of subsection (a), or a maternal 
     grandparent of the unborn child if the pregnant woman is an 
     unemancipated minor, may in a civil action against any person 
     who engaged in the violation, obtain appropriate relief, 
     unless the pregnancy resulted from the plaintiff's criminal 
     conduct or the plaintiff consented to the abortion.
       ``(3) Appropriate relief.--Appropriate relief in a civil 
     action under this subsection includes--
       ``(A) objectively verifiable money damages for all 
     injuries, psychological and physical, occasioned by the 
     violation of this section;
       ``(B) statutory damages equal to three times the cost of 
     the abortion; and
       ``(C) punitive damages.
       ``(4) Injunctive relief.--
       ``(A) In general.--A qualified plaintiff may in a civil 
     action obtain injunctive relief to prevent an abortion 
     provider from performing or attempting further abortions in 
     violation of this section.
       ``(B) Definition.--In this paragraph the term `qualified 
     plaintiff' means--
       ``(i) a woman upon whom an abortion is performed or 
     attempted in violation of this section;
       ``(ii) any person who is the spouse, parent, sibling or 
     guardian of, or a current or former licensed health care 
     provider of, that woman; or
       ``(iii) the United States Attorney for the District of 
     Columbia.
       ``(5) Attorneys fees for plaintiff.--The court shall award 
     a reasonable attorney's fee as part of the costs to a 
     prevailing plaintiff in a civil action under this subsection.
       ``(6) Attorneys fees for defendant.--If a defendant in a 
     civil action under this section prevails and the court finds 
     that the plaintiff's suit was frivolous and brought in bad 
     faith, the court shall also render judgment for a reasonable 
     attorney's fee in favor of the defendant against the 
     plaintiff.
       ``(7) Awards against woman.--Except under paragraph (6), in 
     a civil action under this subsection, no damages, attorney's 
     fee or other monetary relief may be assessed against the 
     woman upon whom the abortion was performed or attempted.
       ``(f) Protection of Privacy in Court Proceedings.--
       ``(1) In general.--Except to the extent the Constitution or 
     other similarly compelling reason requires, in every civil or 
     criminal action under this section, the court shall make such 
     orders as are necessary to protect the anonymity of any woman 
     upon whom an abortion has been performed or attempted if she 
     does not give her written consent to such disclosure. Such 
     orders may be made upon motion, but shall be made sua sponte 
     if not otherwise sought by a party.
       ``(2) Orders to parties, witnesses, and counsel.--The court 
     shall issue appropriate orders under paragraph (1) to the 
     parties, witnesses, and counsel and shall direct the sealing 
     of the record and exclusion of individuals from courtrooms or 
     hearing rooms to the extent necessary to safeguard her 
     identity from public disclosure. Each such order shall be 
     accompanied by specific written findings explaining why the 
     anonymity of the woman must be preserved from public 
     disclosure, why the order is essential to that end, how the 
     order is narrowly tailored to serve that interest, and why no 
     reasonable less restrictive alternative exists.
       ``(3) Pseudonym required.--In the absence of written 
     consent of the woman upon whom an abortion has been performed 
     or attempted, any party, other than a public official, who 
     brings an action under paragraphs (1), (2), or (4) of 
     subsection (e) shall do so under a pseudonym.
       ``(4) Limitation.--This subsection shall not be construed 
     to conceal the identity of the plaintiff or of witnesses from 
     the defendant or from attorneys for the defendant.
       ``(g) Reporting.--
       ``(1) Duty to report.--Any physician who performs or 
     attempts an abortion within the District of Columbia shall 
     report that abortion to the relevant District of Columbia 
     health agency (hereinafter in this section referred to as the 
     `health agency') on a schedule and in accordance with forms 
     and regulations prescribed by the health agency.
       ``(2) Contents of report.--The report shall include the 
     following:
       ``(A) Post-fertilization age.--For the determination of 
     probable postfertilization age of the unborn child, whether 
     ultrasound was employed in making the determination, and the 
     week of probable post-fertilization age that was determined.
       ``(B) Method of abortion.--Which of the following methods 
     or combination of methods was employed:
       ``(i) Dilation, dismemberment, and evacuation of fetal 
     parts also known as `dilation and evacuation'.
       ``(ii) Intra-amniotic instillation of saline, urea, or 
     other substance (specify substance) to kill the unborn child, 
     followed by induction of labor.
       ``(iii) Intracardiac or other intra-fetal injection of 
     digoxin, potassium chloride, or other substance (specify 
     substance) intended to kill the unborn child, followed by 
     induction of labor.
       ``(iv) Partial-birth abortion, as defined in section 1531.
       ``(v) Manual vacuum aspiration without other methods.
       ``(vi) Electrical vacuum aspiration without other methods.
       ``(vii) Abortion induced by use of mifepristone in 
     combination with misoprostol; or
       ``(viii) if none of the methods described in the other 
     clauses of this subparagraph was employed, whatever method 
     was employed.
       ``(C) Age of woman.--The age or approximate age of the 
     pregnant woman.
       ``(D) Compliance with requirements for exception.--The 
     facts relied upon and the basis for any determinations 
     required to establish compliance with the requirements

[[Page S5786]]

     for the exception provided by subsection (b)(2).
       ``(3) Exclusions from reports.--
       ``(A) A report required under this subsection shall not 
     contain the name or the address of the woman whose pregnancy 
     was terminated, nor shall the report contain any other 
     information identifying the woman.
       ``(B) Such report shall contain a unique Medical Record 
     Number, to enable matching the report to the woman's medical 
     records.
       ``(C) Such reports shall be maintained in strict confidence 
     by the health agency, shall not be available for public 
     inspection, and shall not be made available except--
       ``(i) to the United States Attorney for the District of 
     Columbia or that Attorney's delegate for a criminal 
     investigation or a civil investigation of conduct that may 
     violate this section; or
       ``(ii) pursuant to court order in an action under 
     subsection (e).
       ``(4) Public report.--Not later than June 30 of each year 
     beginning after the date of enactment of this paragraph, the 
     health agency shall issue a public report providing 
     statistics for the previous calendar year compiled from all 
     of the reports made to the health agency under this 
     subsection for that year for each of the items listed in 
     paragraph (2). The report shall also provide the statistics 
     for all previous calendar years during which this section was 
     in effect, adjusted to reflect any additional information 
     from late or corrected reports. The health agency shall take 
     care to ensure that none of the information included in the 
     public reports could reasonably lead to the identification of 
     any pregnant woman upon whom an abortion was performed or 
     attempted.
       ``(5) Failure to submit report.--
       ``(A) Late fee.--Any physician who fails to submit a report 
     not later than 30 days after the date that report is due 
     shall be subject to a late fee of $1,000 for each additional 
     30-day period or portion of a 30-day period the report is 
     overdue.
       ``(B) Court order to comply.--A court of competent 
     jurisdiction may, in a civil action commenced by the health 
     agency, direct any physician whose report under this 
     subsection is still not filed as required, or is incomplete, 
     more than 180 days after the date the report was due, to 
     comply with the requirements of this section under penalty of 
     civil contempt.
       ``(C) Disciplinary action.--Intentional or reckless failure 
     by any physician to comply with any requirement of this 
     subsection, other than late filing of a report, constitutes 
     sufficient cause for any disciplinary sanction which the 
     Health Professional Licensing Administration of the District 
     of Columbia determines is appropriate, including suspension 
     or revocation of any license granted by the Administration.
       ``(6) Forms and regulations.--Not later than 90 days after 
     the date of the enactment of this section, the health agency 
     shall prescribe forms and regulations to assist in compliance 
     with this subsection.
       ``(7) Effective date of requirement.--Paragraph (1) of this 
     subsection takes effect with respect to all abortions 
     performed on and after the first day of the first calendar 
     month beginning after the effective date of such forms and 
     regulations.
       ``(h) Definitions.--In this section the following 
     definitions apply:
       ``(1) Abortion.--The term `abortion' means the use or 
     prescription of any instrument, medicine, drug, or any other 
     substance or device--
       ``(A) to intentionally kill the unborn child of a woman 
     known to be pregnant; or
       ``(B) to otherwise intentionally terminate the pregnancy of 
     a woman known to be pregnant with an intention other than to 
     increase the probability of a live birth, to preserve the 
     life or health of the child after live birth, or to remove a 
     dead unborn child who died as the result of natural causes in 
     utero, accidental trauma, or a criminal assault on the 
     pregnant woman or her unborn child, and which causes the 
     premature termination of the pregnancy.
       ``(2) Attempt an abortion.--The term `attempt', with 
     respect to an abortion, means conduct that, under the 
     circumstances as the actor believes them to be, constitutes a 
     substantial step in a course of conduct planned to culminate 
     in performing an abortion in the District of Columbia.
       ``(3) Fertilization.--The term `fertilization' means the 
     fusion of human spermatozoon with a human ovum.
       ``(4) Health agency.--The term `health agency' means the 
     Department of Health of the District of Columbia or any 
     successor agency responsible for the regulation of medical 
     practice.
       ``(5) Perform.--The term `perform', with respect to an 
     abortion, includes induce an abortion through a medical or 
     chemical intervention including writing a prescription for a 
     drug or device intended to result in an abortion.
       ``(6) Physician.--The term `physician' means a person 
     licensed to practice medicine and surgery or osteopathic 
     medicine and surgery, or otherwise licensed to legally 
     perform an abortion.
       ``(7) Post-fertilization age.--The term `post-fertilization 
     age' means the age of the unborn child as calculated from the 
     fusion of a human spermatozoon with a human ovum.
       ``(8) Probable post-fertilization age of the unborn 
     child.--The term `probable post-fertilization age of the 
     unborn child' means what, in reasonable medical judgment, 
     will with reasonable probability be the postfertilization age 
     of the unborn child at the time the abortion is planned to be 
     performed or induced.
       ``(9) Reasonable medical judgment.--The term `reasonable 
     medical judgment' means a medical judgment that would be made 
     by a reasonably prudent physician, knowledgeable about the 
     case and the treatment possibilities with respect to the 
     medical conditions involved.
       ``(10) Unborn child.--The term `unborn child' means an 
     individual organism of the species homo sapiens, beginning at 
     fertilization, until the point of being born alive as defined 
     in section 8(b) of title 1.
       ``(11) Unemancipated minor.--The term `unemancipated minor' 
     means a minor who is subject to the control, authority, and 
     supervision of a parent or guardian, as determined under the 
     law of the State in which the minor resides.
       ``(12) Woman.--The term `woman' means a female human being 
     whether or not she has reached the age of majority.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 74 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``1532. District of Columbia pain-capable unborn child protection.''.
       (3) Chapter heading amendments.--
       (A) Chapter heading in chapter.--The chapter heading for 
     chapter 74 of title 18, United States Code, is amended by 
     striking ``PARTIAL BIRTH ABORTIONS'' and inserting 
     ``ABORTIONS''.
       (B) Table of chapters for part i.--The item relating to 
     chapter 74 in the table of chapters at the beginning of part 
     I of title 18, United States Code, is amended by striking 
     ``PARTIAL BIRTH ABORTIONS'' and inserting ``ABORTIONS''.
                                 ______
                                 
  SA 2717. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       On page 121, beginning on line 16, strike ``summer 
     enrichment programs, to be provided by nonprofit 
     organizations, in math, computer programming'' and insert 
     ``summer enrichment programs and programs offered before or 
     after normal school hours, to be provided by nonprofit 
     organizations, in math, computer science, computer 
     programming''.
       On page 125, line 12, insert ``, such as mentors from 
     private sector entities'' after ``appropriate''.
                                 ______
                                 
  SA 2718. Mrs. SHAHEEN submitted an amendment intended to be proposed 
by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       At the end of title VI, add the following:

     SEC. 606. COOPERATION WITH NATO ON CYBER DEFENSE.

       (a) Findings.--Congress makes the following findings:
       (1) The November 2010 NATO Lisbon Summit Declaration 
     asserts, ``Cyber threats are rapidly increasing and evolving 
     in sophistication. In order to ensure NATO's permanent and 
     unfettered access to cyberspace and integrity of its critical 
     systems, we will take into account the cyber dimension of 
     modern conflicts in NATO's doctrine and improve its 
     capabilities to detect, assess, prevent, defend and recover 
     in case of a cyber-attack against systems of critical 
     importance to the Alliance.''
       (2) In an April 2012 speech, Secretary of State Hillary 
     Clinton stated, ``There is a steady drumbeat of [cyber] 
     attacks on governments, on businesses, on all kinds of 
     networks every single day. And we have to be in a position to 
     protect ourselves and, under Article 5, protect our NATO 
     partners. There have been some rather significant attacks on 
     NATO partners over the last several years that have caused 
     consternation because of the damage done to classified 
     information, and so therefore we are in the process of 
     working toward a joint capability.''
       (b) Sense of Congress.--It is the sense of Congress that it 
     is in the interest of the United States to continue to work 
     with NATO members, partners, and allies to develop the 
     necessary cyber capabilities, including prevention, 
     detection, recovery, and response, to deter aggression and 
     prevent coercion through the cyber domain.
       (c) Congressional Briefing.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, after 
     consultation with the heads of relevant Federal agencies, 
     shall brief Congress on--
       (A) the ability of NATO to detect, assess, prevent, defend, 
     and recover from cyber attacks to its critical systems, 
     networks, and other combat equipment;
       (B) implementation of the NATO Policy on Cyber Defense;
       (C) development of NATO's Computer Incident Response 
     Capability;
       (D) development and contributions of NATO's Cooperative 
     Cyber Defense Center of Excellence; and
       (E) NATO cooperation with other international 
     organizations, including the European Union, the Council of 
     Europe, the United Nations, and the Organization for the 
     Security and Co-operation in Europe.
       (2) Contributions from relevant federal agencies.--Not 
     later than 30 days before the

[[Page S5787]]

     date on which the briefing is to be provided under paragraph 
     (1), the Secretary of State, in coordination with the 
     Secretary of Defense, shall consult with and obtain 
     information relevant to the briefing from the head of each 
     relevant Federal agency.
       (3) Periodic updates.--The Secretary of State shall provide 
     periodic briefings to Congress to highlight significant 
     developments relating to the issues described in paragraph 
     (1).
                                 ______
                                 
  SA 2719. Mr. KOHL (for himself, Mr. Whitehouse, and Mr. Coons) 
submitted an amendment intended to be proposed by him to the bill S. 
3414, to enhance the security and resiliency of the cyber and 
communications infrastructure of the United States; which was ordered 
to lie on the table; as follows:

       At the end, add the following:

            TITLE _--ECONOMIC ESPIONAGE PENALTY ENHANCEMENT

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Economic Espionage Penalty 
     Enhancement Act of 2012''.

     SEC. _02. PROTECTING U.S. BUSINESSES FROM FOREIGN ESPIONAGE.

       (a) For Offenses Committed by Individuals.--Section 1831(a) 
     of title 18, United States Code, is amended in the matter 
     following paragraph (5)--
       (1) by striking ``15 years'' and inserting ``20 years''; 
     and
       (2) by striking ``not more than $500,000'' and inserting 
     ``not more than $5,000,000''.
       (b) For Offenses Committed by Organizations.--Section 
     1831(b) of title 18, United States Code, is amended by 
     striking ``not more than $10,000,000'' and inserting ``not 
     more than the greater of $10,000,000 or 3 times the value of 
     the stolen trade secret to the organization, including 
     expenses for research and design and other costs of 
     reproducing the trade secret that the organization has 
     thereby avoided''.

     SEC. _03. REVIEW BY THE UNITED STATES SENTENCING COMMISSION.

       (a) In General.--Pursuant to its authority under section 
     994(p) of title 28, United States Code, the United States 
     Sentencing Commission shall review and, if appropriate, amend 
     the Federal sentencing guidelines and policy statements 
     applicable to persons convicted of offenses relating to the 
     transmission or attempted transmission of a stolen trade 
     secret outside of the United States or economic espionage, in 
     order to reflect the intent of Congress that penalties for 
     such offenses under the Federal sentencing guidelines and 
     policy statements appropriately reflect the seriousness of 
     these offenses, account for the potential and actual harm 
     caused by these offenses, and provide adequate deterrence 
     against such offenses.
       (b) Requirements.--In carrying out this section, the United 
     States Sentencing Commission shall--
       (1) consider the extent to which the Federal sentencing 
     guidelines and policy statements appropriately account for 
     the simple misappropriation of a trade secret, including the 
     sufficiency of the existing enhancement for these offenses to 
     address the seriousness of this conduct;
       (2) consider whether additional enhancements in the Federal 
     sentencing guidelines and policy statements are appropriate 
     to account for--
       (A) the transmission or attempted transmission of a stolen 
     trade secret outside of the United States; and
       (B) the transmission or attempted transmission of a stolen 
     trade secret outside of the United States that is committed 
     or attempted to be committed for the benefit of a foreign 
     government, foreign instrumentality, or foreign agent;
       (3) ensure the Federal sentencing guidelines and policy 
     statements reflect the seriousness of these offenses and the 
     need to deter such conduct;
       (4) ensure reasonable consistency with other relevant 
     directives, Federal sentencing guidelines and policy 
     statements, and related Federal statutes;
       (5) make any necessary conforming changes to the Federal 
     sentencing guidelines and policy statements; and
       (6) ensure that the Federal sentencing guidelines 
     adequately meet the purposes of sentencing as set forth in 
     section 3553(a)(2) of title 18, United States Code.
       (c) Consultation.--In carrying out the review required 
     under this section, the Commission shall consult with 
     individuals or groups representing law enforcement, owners of 
     trade secrets, victims of economic espionage offenses, the 
     Department of Justice, the Department of State, the 
     Department of Homeland Security, and the Office of the United 
     States Trade Representative.
       (d) Review.--Not later than 180 days after the date of 
     enactment of this title, the Commission shall complete its 
     consideration and review under this section.
                                 ______
                                 
  SA 2720. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 106, line 15, insert ``, the Director of the Office 
     of Management and Budget,'' after ``the Secretary''.
       On page 110, line 8, strike ``to the extent practicable,''.
       On page 115, line 22, strike ``, to the extent 
     practicable,''.
                                 ______
                                 
  SA 2721. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PERFORMANCE OF CYBERSECURITY AUTHORITIES BY 
                   GOVERNMENT EMPLOYEES.

       (a) Cybersecurity Functions.--Section 5(2) of the Federal 
     Activities Inventory Reform Act of 1998 (Public Law 105-270; 
     31 U.S.C. 501 note) is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by inserting after subparagraph (B) the following:
       ``(C) Cybersecurity functions included.--The term includes 
     any authority provided to the Federal Government under title 
     I, II, V, or VII, or an amendment made by title I, II, V, or 
     VII, of the Cybersecurity Act of 2012 that is not explicitly 
     authorized to be performed by a non-Federal individual or 
     entity.''.
       (b) Clarification of Prohibition on Contractors Performing 
     Inherently Governmental Functions.--The Federal Activities 
     Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 
     501 note) is amended by inserting after section 2 the 
     following:

     ``SEC. 2A. PROHIBITION ON CONTRACTORS PERFORMING INHERENTLY 
                   GOVERNMENTAL FUNCTIONS.

       ``The head of an executive agency or employee of an 
     executive agency may not enter into a contract or any other 
     agreement under which an individual or entity that is not an 
     employee of the Federal Government performs an inherently 
     governmental function.''.
                                 ______
                                 
  SA 2722. Mrs. McCASKILL submitted an amendment intended to be 
proposed by her to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 137, strike line 6 and all that follows through 
     page 139, line 15, and insert the following:

     SEC. 408. RECRUITMENT AND RETENTION PROGRAM FOR THE NATIONAL 
                   CENTER FOR CYBERSECURITY AND COMMUNICATIONS.

       (a) In General.--Subtitle E of title II of the Homeland 
     Security Act of 2002, as added by section 204, is amended by 
     adding at the end the following:

     ``SEC. 245. RECRUITMENT AND RETENTION PROGRAM FOR THE 
                   NATIONAL CENTER FOR CYBERSECURITY AND 
                   COMMUNICATIONS.

                                 ______
                                 
  SA 2723. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       At the end of title IV, add the following:

     SEC. 416. GAO STUDY AND REPORT ON SMALL BUSINESS 
                   CYBERSECURITY ISSUES.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study identifying--
       (1) small business cybersecurity concerns;
       (2) existing efforts by Federal agencies having 
     responsibility to assist small businesses with cybersecurity 
     issues (including the Department of Homeland Security, the 
     Federal Trade Commission, the Small Business Administration, 
     and the National Institute of Standards and Technology) to 
     raise small business awareness of cybersecurity issues; and
       (3) ways the Federal agencies described in paragraph (2) 
     plan to improve small business awareness of and preparedness 
     for cybersecurity issues.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report containing--
       (1) the results of the study conducted under subsection 
     (a); and
       (2) recommendations, if any, based on the results of the 
     study conducted under subsection (a).
                                 ______
                                 
  SA 2724. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       Strike section 404 and insert the following:

     SEC. 404. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.

       (a) In General.--The Director of the National Science 
     Foundation, in coordination with the Secretary and the 
     Director of the Office of Personnel Management, shall carry 
     out a Federal Cyber Scholarship-for-Service program--
       (1) to increase the capacity of institutions of higher 
     education to produce cybersecurity professionals; and

[[Page S5788]]

       (2) to recruit and train the next generation of information 
     technology professionals, industry control security 
     professionals, and security managers to meet the needs of the 
     cybersecurity mission for the Federal Government and State, 
     local, and tribal governments.
       (b) Program Description and Components.--The program 
     carried out under subsection (a) shall--
       (1) incorporate findings from the assessment and 
     development of the strategy under section 405;
       (2) provide institutions of higher education, including 
     community colleges, with sufficient funding to carry out a 
     scholarship program, as described in subsection (c); and
       (3) provide assistance to institutions of higher education 
     in establishing or expanding educational opportunities and 
     resources in cybersecurity, as authorized under section 5 of 
     the Cyber Security Research and Development Act (15 U.S.C. 
     7404).
       (c) Scholarship Program.--
       (1) Institutions of higher education.--An institution of 
     higher education that carries out a scholarship program under 
     subsection (b)(2) shall--
       (A) provide 2- or 3-year scholarships to students who are 
     enrolled in a program of study at the institution of higher 
     education leading to a degree, credential, or specialized 
     program certification in the cybersecurity field, in an 
     amount that covers each student's tuition and fees at the 
     institution and provides the student with an additional 
     stipend;
       (B) require each scholarship recipient, as a condition of 
     receiving a scholarship under the program--
       (i) to enter into an agreement under which the recipient 
     agrees to work in the cybersecurity mission of a Federal, 
     State, local, or tribal agency for a period equal to the 
     length of the scholarship following receipt of the student's 
     degree, credential, or specialized program certification; and
       (ii) to refund any scholarship payments received by the 
     recipient, in accordance with rules established by the 
     Director of the National Science Foundation, in coordination 
     with the Secretary, if a recipient does not meet the terms of 
     the scholarship program; and
       (C) provide clearly documented evidence of a strong 
     existing program in cybersecurity, which may include 
     designation as a Center of Academic Excellence in Information 
     Assurance Education by the National Security Agency and the 
     Department of Homeland Security.
       (2) Scholarship eligibility.--To be eligible to receive a 
     scholarship under a scholarship program carried out by an 
     institution of higher education under subsection (b)(2), an 
     individual shall--
       (A) be a full-time student of the institution of higher 
     education who is likely to receive a baccalaureate degree, a 
     masters degree, or a research-based doctoral degree during 
     the 3-year period beginning on the date on which the 
     individual receives the scholarship;
       (B) be a citizen of lawful permanent resident of the United 
     States;
       (C) demonstrate a commitment to a career in improving the 
     security of information infrastructure; and
       (D) have demonstrated a high level of proficiency in fields 
     relevant to the cybersecurity profession, which may include 
     mathematics, engineering, business, public policy, social 
     sciences, law, or computer sciences.
       (3) Other program requirements.--The Director of the 
     National Science Foundation, in coordination with the 
     Secretary and the Director of the Office of Personnel 
     Management, shall ensure that each scholarship program 
     carried out under subsection (b)(2)--
       (A) provides a procedure by which the National Science 
     Foundation or a Federal agency may, consistent with 
     regulations of the Office of Personnel Management, request 
     and fund security clearances for scholarships recipients, 
     including providing for clearances during summer internships 
     and after the recipient receives the degree, credential, or 
     specialized program certification; and
       (B) provides opportunities for students to receive 
     temporary appointments for meaningful employment in the 
     cybersecurity mission of a Federal agency during vacation 
     periods and for internships.
       (4) Hiring authority.--
       (A) In general.--For purposes of any law or regulation 
     governing the appointment of individuals in the Federal civil 
     service, upon receiving a degree for which an individual 
     received a scholarship under a scholarship program carried 
     out by an institution of higher education under subsection 
     (b)(2), the individual shall be--
       (i) hired under the authority provided for in section 
     213.3102(r) or title 5, Code of Federal Regulations; and
       (ii) exempt from competitive service.
       (B) Competitive service position.--Upon satisfactory 
     fulfillment of the service term of an individual hired under 
     subparagraph (A), the individual may be converted to a 
     competitive service position with competition if the 
     individual meets the requirements for that position.
       (5) Evaluation and report.--The Director of the National 
     Science Foundation shall evaluate and report periodically to 
     Congress on--
       (A) the success of any scholarship programs carried out 
     under subsection (b)(2) in recruiting individuals for 
     scholarships; and
       (B) hiring and retaining individuals who receive 
     scholarships under a scholarship program carried out under 
     subsection (b)(2) in the public sector workforce.
       (d) Benchmarks.--
       (1) Proposals.--A proposal submitted to the Director of the 
     National Science Foundation for assistance under subsection 
     (b)(3) shall include--
       (A) clearly stated goals translated into a set of expected 
     measurable outcomes that can be monitored; and
       (B) an evaluation plan that explains how the outcomes 
     described in subparagraph (A) will be measured.
       (2) Use of goals.--The Director of the National Science 
     Foundation shall use the goals included in a proposal 
     submitted under paragraph (1)--
       (A) to track the progress of a recipient of assistance 
     under subsection (b)(3);
       (B) to guide a project carried out using assistance under 
     subsection (b)(3); and
       (C) to evaluate the impact of a project carried out using 
     assistance under subsection (b)(3).
                                 ______
                                 
  SA 2725. Mr. LEE submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TO CLASSIFY THE INDIVIDUAL MANDATE AS A NON-TAX.

       (a) Finding.--Congress finds that on June 28, 2012, the 
     Supreme Court ruled that the individual mandate imposed by 
     section 1501 of the Patient Protection and Affordable Care 
     Act (Public Law 111-148) and amended by section 10106 of such 
     Act and sections 1002 and 1004 of the Health Care and 
     Education Reconciliation Act of 2010 (Public Law 111-152), 
     has certain functional characteristics of a tax and could be 
     sustained as an exercise of Congress's power to tax under 
     article I, section 8, clause 1 of the Constitution.
       (b) Classification of Individual Mandate as Non-tax.--
       (1) In general.--Section 1501 of the Patient Protection and 
     Affordable Care Act (Public Law 111-148) is amended by adding 
     at the end the following new subsection:
       ``(e) Rule of Construction.--Nothing in the amendments made 
     by this section shall be construed as imposing any tax or as 
     an exercise of any power of Congress enumerated in article I, 
     section 8, clause 1 of, or the 16th amendment to, the 
     Constitution.''.
       (2) Effective date.--The amendment made by this section 
     shall apply as if included in the enactment of section 1501 
     of the Patient Protection and Affordable Care Act.
                                 ______
                                 
  SA 2726. Mr. PRYOR submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       On page 119, between lines 14 and 15, insert the following:
       (b) Geographic Dispersion.--In establishing academic and 
     professional Centers of Excellence in cybersecurity under 
     this section, the Secretary and the Secretary of Defense 
     shall consider the need to avoid undue geographic 
     concentration among any one category of States based on their 
     predominant rural or urban character as indicated by 
     population density.
                                 ______
                                 
  SA 2727. Mr. BLUMENTHAL (for himself, Mr. Schumer, Ms. Klobuchar, Mr. 
Wyden, Mr. Akaka, Mr. Sanders, and Mrs. Shaheen) submitted an amendment 
intended to be proposed by him to the bill S. 3414, to enhance the 
security and resiliency of the cyber and communications infrastructure 
of the United States; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITED ACTIVITY.

       (a) In General.--Section 1030(a) of title 18, United States 
     Code, is amended--
       (1) in paragraph (7)(C), by inserting ``or'' after the 
     semicolon; and
       (2) by inserting after paragraph (7)(C) the following:
       ``(8) acting as an employer, knowingly and intentionally--
       ``(A) for the purposes of employing, promoting, or 
     terminating employment, compels or coerces any person to 
     authorize access, such as by providing a password or similar 
     information through which a computer may be accessed, to a 
     protected computer that is not the employer's protected 
     computer, and thereby obtains information from such protected 
     computer; or
       ``(B) discharges, disciplines, discriminates against in any 
     manner, or threatens to take any such action against, any 
     person--
       ``(i) for failing to authorize access described in 
     subparagraph (A) to a protected computer that is not the 
     employer's protected computer; or
       ``(ii) who has filed any complaint or instituted or caused 
     to be instituted any proceeding under or related to this 
     paragraph, or has testified or is about to testify in any 
     such proceeding;''.
       (b) Fine.--Section 1030(c) of title 18, United States Code, 
     is amended--

[[Page S5789]]

       (1) in paragraph (4)(G)(ii), by striking the period at the 
     end and inserting ``; and''; and
       (2) by adding at the end the following:
       ``(5) a fine under this title, in the case of an offense 
     under subsection (a)(8) or an attempt to commit an offense 
     punishable under this paragraph.''.
       (c) Definitions.--Section 1030(e) of title 18, United 
     States Code, is amended--
       (1) in paragraph (11), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (12), by striking the period and inserting 
     a semicolon; and
       (3) by adding at the end the following:
       ``(13) the term `employee' means an employee, as such term 
     is defined in section 201(2) of the Genetic Information 
     Nondiscrimination Act of 2008 (42 U.S.C. 2000ff(2));
       ``(14) the term `employer' means an employer, as such term 
     is defined in such section 201(2); and
       ``(15) the term `employer's protected computer' means a 
     protected computer of the employer, including any protected 
     computer owned, operated, or otherwise controlled by, for, or 
     on behalf of that employer.''.
       (d) Exceptions.--Section 1030(f) of title 18, United States 
     Code, is amended--
       (1) by striking ``(f) This'' and inserting ``(f)(1) This''; 
     and
       (2) by adding at the end the following:
       ``(2)(A) Nothing in subsection (a)(8) shall be construed to 
     limit the authority of a court of competent jurisdiction to 
     grant equitable relief in a civil action, if the court 
     determines that there are specific and articulable facts 
     showing that there are reasonable grounds to believe that the 
     information sought to be obtained is relevant and material to 
     protecting the intellectual property, a trade secret, or 
     confidential business information of the party seeking the 
     relief.
       ``(B) Notwithstanding subsection (a)(8), the prohibition in 
     such subsection shall not apply to an employer's actions if--
       ``(i) the employer discharges or otherwise disciplines an 
     individual for good cause and an activity protected under 
     subsection (a)(8) is not a motivating factor for the 
     discharge or discipline of the individual;
       ``(ii) a State enacts a law that specifically waives 
     subsection (a)(8) with respect to a particular class of State 
     government employees or employees who work with individuals 
     under 13 years of age, and the employer's action relates to 
     an employee in such class; or
       ``(iii) an Executive agency (as defined in section 105 of 
     title 5), a military department (as defined in section 102 of 
     such title), or any other entity within the executive branch 
     that comes into the possession of classified information, 
     including the Defense Intelligence Agency, National Security 
     Agency, and National Reconnaissance Office, specifically 
     waives subsection (a)(8) with respect to a particular class 
     of employees requiring eligibility for access to classified 
     information under Executive Order 12968 (60 Fed. Reg. 40245), 
     or any successor thereto, and the employer's action relates 
     to an employee in such class.''.
                                 ______
                                 
  SA 2728. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       Beginning on page 192, strike line 19, and all that follows 
     through page 193, line 22, and insert the following:
       (i) the actual damages sustained by the person as a result 
     of the violation or $50,000, whichever is greater; and
       (ii) the costs of the action together with reasonable 
     attorney fees as determined by the court.
       (B) Venue.--An action to enforce liability created under 
     this subsection may be brought in the district court of the 
     United States in--
       (i) the district in which the complainant resides;
       (ii) the district in which the principal place of business 
     of the complainant is located;
       (iii) the district in which the Federal entity that 
     disclosed the information is located; or
       (iv) the District of Columbia.
       (C) Statute of limitations.--No action shall lie under this 
     subsection unless such action is commenced not later than 2 
     years after the date of the violation that is the basis for 
     the action.
       (h) Criminal Penalties.--A person who knowingly violates a 
     provision of this title shall be--
       (1) for each such violation, fined not more than $50,000, 
     imprisoned for not more than 1 year, or both;
       (2) for each such violation committed under false 
     pretenses, fined not more than $100,000, imprisoned for not 
     more than 5 years, or both; and
       (3) for each such violation committed for commercial 
     advantage, personal gain, or malicious harm, fined not more 
     than $250,000, imprisoned for not more than 10 years, or 
     both.
                                 ______
                                 
  SA 2729. Mr. WARNER (for himself and Ms. Snowe) submitted an 
amendment intended to be proposed by him to the bill S. 3414, to 
enhance the security and resiliency of the cyber and communications 
infrastructure of the United States; which was ordered to lie on the 
table; as follows:

       On page 138, line 2, after ``subsection (a)'' insert ``, 
     including guidelines that provide for interoperable, non-
     proprietary technologies wherever possible''.
                                 ______
                                 
  SA 2730. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       On page 134, line 4, insert ``and in consultation with 
     Centers of Academic Excellence in Information Assurance 
     Education designated by the National Security Agency and the 
     Department,'' after ``United States Code,''.
                                 ______
                                 
  SA 2731. Mr. REID (for Mr. Lieberman (for himself, Ms. Collins, Mr. 
Rockefeller, Mrs. Feinstein, and Mr. Carper)) proposed an amendment to 
the bill S. 3414, to enhance the security and resiliency of the cyber 
and communications infrastructure of the United States; as follows:

       On page 20, strike line 3 and all that follows through page 
     42, line 10, and insert the following:

     SEC. 103. VOLUNTARY CYBERSECURITY PRACTICES.

       (a) Private Sector Development of Cybersecurity 
     Practices.--Not later than 180 days after the date of 
     enactment of this Act, each sector coordinating council shall 
     propose to the Council voluntary outcome-based cybersecurity 
     practices (referred to in this section as ``cybersecurity 
     practices'') sufficient to effectively remediate or mitigate 
     cyber risks identified through an assessment conducted under 
     section 102(a) comprised of--
       (1) industry best practices, standards, and guidelines; or
       (2) practices developed by the sector coordinating council 
     in coordination with owners and operators, voluntary 
     consensus standards development organizations, 
     representatives of State and local governments, the private 
     sector, and appropriate information sharing and analysis 
     organizations.
       (b) Review of Cybersecurity Practices.--
       (1) In general.--The Council shall, in consultation with 
     owners and operators, the Critical Infrastructure Partnership 
     Advisory Council, and appropriate information sharing and 
     analysis organizations, and in coordination with appropriate 
     representatives from State and local governments--
       (A) consult with relevant security experts and institutions 
     of higher education, including university information 
     security centers, appropriate nongovernmental cybersecurity 
     experts, and representatives from national laboratories;
       (B) review relevant regulations or compulsory standards or 
     guidelines;
       (C) review cybersecurity practices proposed under 
     subsection (a); and
       (D) consider any amendments to the cybersecurity practices 
     and any additional cybersecurity practices necessary to 
     ensure adequate remediation or mitigation of the cyber risks 
     identified through an assessment conducted under section 
     102(a).
       (2) Adoption.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Council shall--
       (i) adopt any cybersecurity practices proposed under 
     subsection (a) that adequately remediate or mitigate 
     identified cyber risks and any associated consequences 
     identified through an assessment conducted under section 
     102(a); and
       (ii) adopt any amended or additional cybersecurity 
     practices necessary to ensure the adequate remediation or 
     mitigation of the cyber risks identified through an 
     assessment conducted under section 102(a).
       (B) No submission by sector coordinating council.--If a 
     sector coordinating council fails to propose to the Council 
     cybersecurity practices under subsection (a) within 180 days 
     of the date of enactment of this Act, not later than 1 year 
     after the date of enactment of this Act the Council shall 
     adopt cybersecurity practices that adequately remediate or 
     mitigate identified cyber risks and associated consequences 
     identified through an assessment conducted under section 
     102(a) for the sector.
       (c) Flexibility of Cybersecurity Practices.--Each sector 
     coordinating council and the Council shall periodically 
     assess cybersecurity practices, but not less frequently than 
     once every 3 years, and update or modify cybersecurity 
     practices as necessary to ensure adequate remediation and 
     mitigation of the cyber risks identified through an 
     assessment conducted under section 102(a).
       (d) Prioritization.--Based on the risk assessments 
     performed under section 102(a), the Council shall prioritize 
     the development of cybersecurity practices to ensure the 
     reduction or mitigation of the greatest cyber risks.
       (e) Private Sector Recommended Measures.--Each sector 
     coordinating council shall develop voluntary recommended 
     cybersecurity measures that provide owners reasonable and 
     cost-effective methods of meeting any cybersecurity practice.
       (f) Technology Neutrality.--No cybersecurity practice shall 
     require--
       (1) the use of a specific commercial information technology 
     product; or

[[Page S5790]]

       (2) that a particular commercial information technology 
     product be designed, developed, or manufactured in a 
     particular manner.
       (g) Relationship to Existing Regulations.--
       (1) Rule of construction.--Nothing in this section shall be 
     construed to increase, decrease, or otherwise alter the 
     existing authority of any Federal agency to regulate the 
     security of critical cyber infrastructure.
       (2) Avoidance of conflict.--No cybersecurity practice 
     shall--
       (A) prevent an owner (including a certified owner) or 
     operator from complying with any law or regulation; or
       (B) require an owner (including a certified owner) or 
     operator to implement cybersecurity measures that prevent the 
     owner or operator from complying with any law or regulation.
       (h) Independent Review.--
       (1) In general.--Each cybersecurity practice shall be 
     publicly reviewed by the relevant sector coordinating council 
     and the Critical Infrastructure Partnership Advisory Council, 
     which may include input from relevant institutions of higher 
     education, including university information security centers, 
     national laboratories, and appropriate non-governmental 
     cybersecurity experts.
       (2) Consideration by council.--The Council shall consider 
     any review conducted under paragraph (1).
       (i) Voluntary Technical Assistance.--At the request of an 
     owner or operator of critical infrastructure, the Council 
     shall provide guidance on the application of cybersecurity 
     practices to the critical infrastructure.

     SEC. 104. VOLUNTARY CYBERSECURITY PROGRAM FOR CRITICAL 
                   INFRASTRUCTURE.

       (a) Voluntary Cybersecurity Program for Critical 
     Infrastructure.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Council, in consultation with 
     owners and operators and the Critical Infrastructure 
     Partnership Advisory Council, shall establish the Voluntary 
     Cybersecurity Program for Critical Infrastructure in 
     accordance with this section.
       (2) Eligibility.--
       (A) In general.--An owner of critical cyber infrastructure 
     may apply for certification under the Voluntary Cybersecurity 
     Program for Critical Infrastructure.
       (B) Criteria.--The Council shall establish criteria for 
     owners of critical infrastructure that is not critical cyber 
     infrastructure to be eligible to apply for certification in 
     the Voluntary Cybersecurity Program for Critical 
     Infrastructure.
       (3) Application for certification.--An owner of critical 
     cyber infrastructure or an owner of critical infrastructure 
     that meets the criteria established under paragraph (2)(B) 
     that applies for certification under this subsection shall--
       (A) select and implement cybersecurity measures of their 
     choosing that satisfy the outcome-based cybersecurity 
     practices established under section 103; and
       (B)(i) certify in writing and under penalty of perjury to 
     the Council that the owner has developed and effectively 
     implemented cybersecurity measures sufficient to satisfy the 
     outcome-based cybersecurity practices established under 
     section 103; or
       (ii) submit to the Council an assessment verifying that the 
     owner has developed and effectively implemented cybersecurity 
     measures sufficient to satisfy the outcome-based 
     cybersecurity practices established under section 103.
       (4) Certification.--Upon receipt of a self-certification 
     under paragraph (3)(B)(i) or an assessment under paragraph 
     (3)(B)(ii) the Council shall certify an owner.
       (5) Nonperformance.--If the Council determines that a 
     certified owner is not in compliance with the cybersecurity 
     practices established under section 103, the Council shall--
       (A) notify the certified owner of such determination; and
       (B) work with the certified owner to remediate promptly any 
     deficiencies.
       (6) Revocation.--If a certified owner fails to remediate 
     promptly any deficiencies identified by the Council, the 
     Council shall revoke the certification of the certified 
     owner.
       (7) Redress.--
       (A) In general.--If the Council revokes a certification 
     under paragraph (6), the Council shall--
       (i) notify the owner of such revocation; and
       (ii) provide the owner with specific cybersecurity measures 
     that, if implemented, would remediate any deficiencies.
       (B) Recertification.--If the Council determines that an 
     owner has remedied any deficiencies and is in compliance with 
     the cybersecurity practices, the Council may recertify the 
     owner.
       (b) Assessments.--
       (1) Third-party assessments.--The Council, in consultation 
     with owners and operators and the Critical Infrastructure 
     Protection Advisory Council, shall enter into agreements with 
     qualified third-party private entities, to conduct 
     assessments that use reliable, repeatable, performance-based 
     evaluations and metrics to assess whether an owner certified 
     under subsection (a)(3)(B)(ii) is in compliance with all 
     applicable cybersecurity practices.
       (2) Training.--The Council shall ensure that third party 
     assessors described in paragraph (1) undergo regular training 
     and accreditation.
       (3) Other assessments.--Using the procedures developed 
     under this section, the Council may perform cybersecurity 
     assessments of a certified owner based on actual knowledge or 
     a reasonable suspicion that the certified owner is not in 
     compliance with the cybersecurity practices or any other 
     risk-based factors as identified by the Council.
       (4) Notification.--The Council shall provide copies of any 
     assessments by the Federal Government to the certified owner.
       (5) Access to information.--
       (A) In general.--For the purposes of an assessment 
     conducted under this subsection, a certified owner shall 
     provide the Council, or a third party assessor, any 
     reasonable access necessary to complete an assessment.
       (B) Protection of information.--Information provided to the 
     Council, the Council's designee, or any assessor during the 
     course of an assessment under this section shall be protected 
     from disclosure in accordance with section 106.
       (c) Benefits of Certification.--
       (1) Limitations on civil liability.--
       (A) In general.--In any civil action for damages directly 
     caused by an incident related to a cyber risk identified 
     through an assessment conducted under section 102(a), a 
     certified owner shall not be liable for any punitive damages 
     intended to punish or deter if the certified owner is in 
     substantial compliance with the appropriate cybersecurity 
     practices at the time of the incident related to that cyber 
     risk.
       (B) Limitation.--Subaragraph (A) shall only apply to harm 
     directly caused by the incident related to the cyber risk and 
     shall not apply to damages caused by any additional or 
     intervening acts or omissions by the owner.
       (2) Expedited security clearance process.--The Council, in 
     coordination with the Office of the Director of National 
     Intelligence, shall establish a procedure to expedite the 
     provision of security clearances to appropriate personnel 
     employed by a certified owner.
       (3) Prioritized technical assistance.--The Council shall 
     ensure that certified owners are eligible to receive 
     prioritized technical assistance.
       (4) Provision of cyber threat information.--The Council 
     shall develop, in coordination with certified owners, a 
     procedure for ensuring that certified owners are, to the 
     maximum extent practicable and consistent with the protection 
     of sources and methods, informed of relevant real-time cyber 
     threat information.
       (5) Public recognition.--With the approval of a certified 
     owner, the Council may publicly recognize the certified owner 
     if the Council determines such recognition does not pose a 
     risk to the security of critical cyber infrastructure.
       (6) Study to examine benefits of procurement preference.--
       (A) In general.--The Federal Acquisition Regulatory 
     Council, in coordination with the Council and with input from 
     relevant private sector individuals and entities, shall 
     conduct a study examining the potential benefits of 
     establishing a procurement preference for the Federal 
     Government for certified owners.
       (B) Areas.--The study under subparagraph (A) shall include 
     a review of--
       (i) potential persons and related property and services 
     that could be eligible for preferential consideration in the 
     procurement process;
       (ii) development and management of an approved list of 
     categories of property and services that could be eligible 
     for preferential consideration in the procurement process;
       (iii) appropriate mechanisms to implement preferential 
     consideration in the procurement process, including--

       (I) establishing a policy encouraging Federal agencies to 
     conduct market research and industry outreach to identify 
     property and services that adhere to relevant cybersecurity 
     practices;
       (II) authorizing the use of a mark for the Voluntary 
     Cybersecurity Program for Critical Infrastructure to be used 
     for marketing property or services to the Federal Government;
       (III) establishing a policy of encouraging procurement of 
     certain property and services from an approved list;
       (IV) authorizing the use of a preference by Federal 
     agencies in the evaluation process; and
       (V) authorizing a requirement in certain solicitations that 
     the person providing the property or services be a certified 
     owner; and

       (iv) benefits of and impact on the economy and efficiency 
     of the Federal procurement system, if preferential 
     consideration were given in the procurement process to 
     encourage the procurement of property and services that 
     adhere to relevant baseline performance goals establishing 
     under the Voluntary Cybersecurity Program for Critical 
     Infrastructure.

     SEC. 105. RULES OF CONSTRUCTION.

       Nothing in this title shall be construed to--
       (1) provide additional authority for any sector-specific 
     agency or any Federal agency that is not a sector-specific 
     agency with responsibilities for regulating the security of 
     critical infrastructure to establish standards or other 
     cybersecurity measures that are applicable to the security of 
     critical infrastructure not otherwise authorized by law;
       (2) limit or restrict the authority of the Department, or 
     any other Federal agency, under any other provision of law; 
     or

[[Page S5791]]

       (3) permit any owner (including a certified owner) to fail 
     to comply with any other law or regulation, unless 
     specifically authorized.

     SEC. 106. PROTECTION OF INFORMATION.

       (a) Definitions.--In this section--
       (1) the term ``covered information'' means any 
     information--
       (A) submitted as part of the process established under 
     section 102(a)(3);
       (B) submitted under section 102(b)(2)(C);
       (C) required to be submitted by owners under section 
     102(b)(4);
       (D) provided to the Secretary, the Secretary's designee, or 
     any assessor during the course of an assessment under section 
     104; or
       (E) provided to the Secretary or the Inspector General of 
     the Department through the tip line or another secure channel 
     established under subsection (c); and
       (2) the term ``Inspector General'' means an Inspector 
     General described in subparagraph (A), (B), or (I) of section 
     11(b)(1) of the Inspector General Act of 1978 (5 U.S.C. 
     App.), the Inspector General of the United States Postal 
     Service, the Inspector General of the Central Intelligence 
     Agency, and the Inspector General of the Intelligence 
     Community.
       (b) Critical Infrastructure Information.--
       (1) In general.--Covered information shall be treated as 
     voluntarily shared critical infrastructure information under 
     section 214 of the Homeland Security Act of 2002 (6 U.S.C. 
     133), except that the requirement of such section 214 that 
     the information be voluntarily submitted shall not be 
     required for protection of information under this section to 
     apply.
       (2) Savings clause for existing whistleblower 
     protections.--With respect to covered information, the rights 
     and protections relating to disclosure by individuals of 
     voluntarily shared critical infrastructure information 
     submitted under subtitle B of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 131 et seq.) shall apply with 
     respect to disclosure of the covered information by 
     individuals.
       (c) Critical Infrastructure Cyber Security Tip Line.--
       (1) In general.--The Secretary shall establish and 
     publicize the availability of a Critical Infrastructure Cyber 
     Security Tip Line (and any other secure means the Secretary 
     determines would be desirable to establish), by which 
     individuals may report--
       (A) concerns involving the security of covered critical 
     infrastructure against cyber risks; and
       (B) concerns (in addition to any concerns described under 
     subparagraph (A)) with respect to programs and functions 
     authorized or funded under this title involving--
       (i) a possible violation of any law, rule, regulation or 
     guideline;
       (ii) mismanagement;
       (iii) risk to public health, safety, security, or privacy; 
     or
       (iv) other misfeasance or nonfeasance.
       (2) Designation of employees.--The Secretary and the 
     Inspector General of the Department shall each designate 
     employees authorized to receive concerns reported under this 
     subsection that include--
       (A) disclosure of covered information; or
       (B) any other disclosure of information that is 
     specifically prohibited by law or is specifically required by 
     Executive order to be kept secret in the interest of national 
     defense or the conduct of foreign affairs.
       (3) Handling of certain concerns.--A concern described in 
     paragraph (1)(B)--
       (A) shall be received initially to the Inspector General of 
     the Department;
       (B) shall not be provided initially to the Secretary; and
       (C) may be provided to the Secretary if determined 
     appropriate by the Inspector General of the Department.
       (d) Rules of Construction.--Nothing in this section shall 
     be construed to--
       (1) limit or otherwise affect the right, ability, duty, or 
     obligation of any entity to use or disclose any information 
     of that entity, including in the conduct of any judicial or 
     other proceeding;
       (2) prevent the classification of information submitted 
     under this section if that information meets the standards 
     for classification under Executive Order 12958, or any 
     successor thereto, or affect measures and controls relating 
     to the protection of classified information as prescribed by 
     Federal statute or under Executive Order 12958, or any 
     successor thereto;
       (3) limit or otherwise affect the ability of an entity, 
     agency, or authority of a State, a local government, or the 
     Federal Government or any other individual or entity under 
     applicable law to obtain information that is not covered 
     information (including any information lawfully and properly 
     disclosed generally or broadly to the public) and to use such 
     information in any manner permitted by law, including the 
     disclosure of such information under--
       (A) section 552 or 2302(b)(8) of title 5, United States 
     Code;
       (B) section 2409 of title 10, United States Code; or
       (C) any other Federal, State, or local law, ordinance, or 
     regulation that protects against retaliation an individual 
     who discloses information that the individual reasonably 
     believes evidences a violation of any law, rule, or 
     regulation, gross mismanagement, substantial and specific 
     danger to public health, safety, or security, or other 
     misfeasance or nonfeasance;
       (4) prevent the Secretary from using information required 
     to be submitted under this Act for enforcement of this title, 
     including enforcement proceedings subject to appropriate 
     safeguards;
       (5) authorize information to be withheld from any committee 
     of Congress, the Comptroller General, or any Inspector 
     General;
       (6) affect protections afforded to trade secrets under any 
     other provision of law; or
       (7) create a private right of action for enforcement of any 
     provision of this section.
       (e) Audit.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Inspector General of the 
     Department shall conduct an audit of the management of 
     covered information under this title and report the findings 
     to appropriate congressional committees.
       (2) Contents.--The audit under paragraph (1) shall include 
     assessments of--
       (A) whether the covered information is adequately 
     safeguarded against inappropriate disclosure;
       (B) the processes for marking and disseminating the covered 
     information and resolving any disputes;
       (C) how the covered information is used for the purposes of 
     this title, and whether that use is effective;
       (D) whether sharing of covered information has been 
     effective to fulfill the purposes of this title;
       (E) whether the kinds of covered information submitted have 
     been appropriate and useful, or overbroad or overnarrow;
       (F) whether the protections of covered information allow 
     for adequate accountability and transparency of the 
     regulatory, enforcement, and other aspects of implementing 
     this title; and
       (G) any other factors at the discretion of the Inspector 
     General of the Department.

     SEC. 107. ANNUAL ASSESSMENT OF CYBERSECURITY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and every year thereafter, the Council 
     shall submit to the appropriate congressional committees a 
     report on the effectiveness of this title in reducing the 
     risk of cyber attack to critical infrastructure.
       (b) Contents.--Each report submitted under subsection (a) 
     shall include--
       (1) a discussion of cyber risks and associated consequences 
     and whether the cybersecurity practices developed under 
     section 103 are sufficient to effectively remediate and 
     mitigate cyber risks and associated consequences; and
       (2) an analysis of--
       (A) whether owners of critical cyber infrastructure are 
     successfully implementing the cybersecurity practices adopted 
     under section 103;
       (B) whether the critical infrastructure of the United 
     States is effectively secured from cybersecurity threats, 
     vulnerabilities, and consequences; and
       (C) whether additional legislative authority or other 
     actions are needed to effectively remediate or mitigate cyber 
     risks and associated consequences.
       (c) Form of Report.--A report submitted under this 
     subsection shall be submitted in an unclassified form, but 
     may include a classified annex, if necessary.
                                 ______
                                 
  SA 2732. Mr. REID (for Mr. Franken) proposed an amendment to 
amendment SA 2731 proposed by Mr. Reid (for Mr. Lieberman (for himself, 
Ms. Collins, Mr. Rockefeller, Mrs. Feinstein, and Mr. Carper)) to the 
bill S. 3414, to enhance the security and resiliency of the cyber and 
communications infrastructure of the United States; as follows:

       At the end, add the following new section:

     SEC. ___.

       Notwithstanding any other provision of this Act, section 
     701 and section 706(a)(1) shall have no effect.
                                 ______
                                 
  SA 2733. Mr. REID proposed an amendment to the bill S. 3414, to 
enhance the security and resiliency of the cyber and communications 
infrastructure of the United States; as follows:

       On page 20, line 5, strike ``180 days'' and insert ``170 
     days''.
                                 ______
                                 
  SA 2734. Mr. REID proposed an amendment to amendment SA 2733 proposed 
by Mr. Reid to the bill S. 3414, to enhance the security and resiliency 
of the cyber and communications infrastructure of the United States; as 
follows:

       In the amendment strike ``170'' and insert ``160''.
                                 ______
                                 
  SA 2735. Mr. REID proposed an amendment to the bill S. 3414, to 
enhance the security and resiliency of the cyber and communications 
infrastructure of the United States; as follows:

       At the end, add the following new section:

     SEC. ___.

       This Act shall become effective 3 days after enactment.
                                 ______
                                 
  SA 2736. Mr. REID proposed an amendment to amendment SA 2735 proposed 
by Mr. Reid to the bill S. 3414, to enhance the security and resiliency 
of the cyber and communications infrastructure of the United States; as 
follows:

[[Page S5792]]

       In the amendment, strike ``3 days'' and insert ``2 days''.
                                 ______
                                 
  SA 2737. Mr. REID proposed an amendment to amendment SA 2736 proposed 
by Mr. Reid to the amendment SA 2735 proposed by Mr. Reid to the bill 
S. 3414, to enhance the security and resiliency of the cyber and 
communications infrastructure of the United States; as follows:

       In the amendment, strike ``2 days'' and insert ``1 day''.
                                 ______
                                 
  SA 2738. Ms. SNOWE (for herself and Mr. Warner) submitted an 
amendment intended to be proposed by her to the bill S. 3414, to 
enhance the security and resiliency of the cyber and communications 
infrastructure of the United States; which was ordered to lie on the 
table; as follows:

       Beginning on page 23, strike line 19 and all that follows 
     through page 24, line 18, and insert the following:
       (1) Rule of construction.--Nothing in this section shall be 
     construed to increase, decrease, or otherwise alter the 
     existing authority of any Federal agency to regulate the 
     security of critical cyber infrastructure.
                                 ______
                                 
  SA 2739. Mrs. GILLIBRAND (for herself and Mr. Bennet) submitted an 
amendment intended to be proposed by her to the bill S. 3414, to 
enhance the security and resiliency of the cyber and communications 
infrastructure of the United States; which was ordered to lie on the 
table; as follows:

       In section 402, strike subsection (a) and insert the 
     following:
       (a) Assessment of Cybersecurity Education in Colleges, 
     Universities, University Systems, Nonprofit Organizations, 
     and the Private Sector.--
       (1) Report by the national science foundation.--
       (A) Report required.--Not later than 1 year after the date 
     of enactment of this Act, the Director of the National 
     Science Foundation shall submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Science, Space, and Technology of the House of 
     Representatives a report on the state of cybersecurity 
     education in institutions of higher education in the United 
     States.
       (B) Contents of report.--The report required under 
     subparagraph (A) shall include baseline data on--
       (i) the state of cybersecurity education in the United 
     States;
       (ii) the extent of professional development opportunities 
     for faculty in cybersecurity principles and practices;
       (iii) descriptions of the content of cybersecurity courses 
     in undergraduate computer science curriculum;
       (iv) the extent of the partnerships and collaborative 
     cybersecurity curriculum development activities that leverage 
     industry and government needs, resources, and tools; and
       (v) proposed metrics to assess progress toward improving 
     cybersecurity education.
       (2) Report by secretary.--
       (A) Report required.--Not later than 1 year after the date 
     of enactment of this Act, the Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Science, Space, and Technology of 
     the House of Representatives a report on the support provided 
     by the Department to education and training programs, 
     including--
       (i) the use of resources by the Department;
       (ii) how the Secretary plans to use the resources of the 
     Department in the future; and
       (iii) the overall strategy of the Department to expand the 
     cybersecurity human capital capacity of the United States.
       (B) Contents of reports.--The report required under 
     subparagraph (A) shall include information on past, planned, 
     or potential support by the Department for education and 
     training programs that--
       (i) emphasize experiential learning and the opportunity to 
     take on significant real-world casework as integral parts of 
     training and development programs for cybersecurity 
     professions;
       (ii) demonstrate a current and projected caseload of 
     sufficient, important system and network defense activity to 
     provide real-world training opportunities for trainees, with 
     a heavy emphasis on real-life, hands-on, high-level 
     cybersecurity work;
       (iii) demonstrate practical computer network defense skills 
     and up-to-date cybersecurity experience of the senior staff 
     proposing to lead the education and training programs;
       (iv) demonstrate access to hands-on training programs in 
     the most up-to-date computer network defense technologies and 
     techniques; and
       (v) collaborate or plan to collaborate with the Federal 
     Government, including laboratories of the Department of 
     Defense and the Department of Energy, State or local 
     governments, or private sector companies in the United 
     States.
                                 ______
                                 
  SA 2740. Mr. LIEBERMAN (for Mr. Nelson of Florida) proposed an 
amendment to the resolution S. Res. 525, honoring the life and legacy 
of Oswaldo Paya Sardinas; as follows:

       On page 4, line 13, strike ``; and'' and insert a 
     semicolon.
       On paqe 4, line 17, strike the period and insert ``; and''.
       On page 4, after line 17, insert the following:
       (7) condemns the Government of Cuba for the detention of 
     nearly 50 pro-democracy activists following the memorial 
     service for Oswaldo Paya Sardinas.
                                 ______
                                 
  SA 2741. Mr. BLUMENTHAL submitted an amendment intended to be 
proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 27, strike line 13 and all that follows through 
     page 30, line 19, and insert the following:
       (ii) submit to the Council an application for an assessment 
     described in subsection (b)(1)(B) by a qualified third-party 
     private entity verifying that the owner has developed and 
     effectively implemented cybersecurity measures sufficient to 
     satisfy the outcome-based cybersecurity practices established 
     under section 103.
       (4) Certification.--
       (A) Self-certification.--Upon receipt of a self-
     certification under paragraph (3)(B)(i), the Council shall 
     certify an owner.
       (B) Assessment application.--
       (i) In general.--Upon receipt of an application by an owner 
     for an assessment under paragraph (3)(B)(ii), the Council 
     shall direct a qualified third-party private entity to 
     conduct an assessment of the owner in accordance with an 
     agreement described in subsection (b)(1).
       (ii) In compliance.--If a qualified third-party private 
     entity determines an owner is in compliance with all 
     applicable cybersecurity practices, the Council shall certify 
     the owner.
       (5) Nonperformance.--If the Council determines that a 
     certified owner is not in compliance with the cybersecurity 
     practices established under section 103, the Council shall--
       (A) notify the certified owner of such determination; and
       (B) work with the certified owner to remediate promptly any 
     deficiencies.
       (6) Revocation.--If a certified owner fails to remediate 
     promptly any deficiencies identified by the Council, the 
     Council shall revoke the certification of the certified 
     owner.
       (7) Redress.--
       (A) In general.--If the Council revokes a certification 
     under paragraph (6), the Council shall--
       (i) notify the owner of such revocation; and
       (ii) provide the owner with specific cybersecurity measures 
     that, if implemented, would remediate any deficiencies.
       (B) Recertification.--If the Council determines that an 
     owner has remedied any deficiencies and is in compliance with 
     the cybersecurity practices, the Council may recertify the 
     owner.
       (b) Assessments.--
       (1) Third-party assessments.--The Council shall--
       (A) develop qualifications for third-party private entities 
     that ensure that the entity has--
       (i) substantial expertise in cybersecurity;
       (ii) the expertise necessary to perform third-party audits 
     of the cybersecurity of critical cyber infrastructure systems 
     and assets;
       (iii) adopted appropriate policies and procedures to ensure 
     that the entity provides independent analysis that is not 
     affected by any conflict of interest or colored by any 
     business interest that the entity may hold; and
       (iv) any other qualifications determined relevant by the 
     Council; and
       (B) in consultation with owners and operators and the 
     Critical Infrastructure Protection Advisory Council, shall 
     enter into agreements with qualified third-party private 
     entities, to conduct assessments that use reliable, 
     repeatable, performance-based evaluations and metrics to 
     assess whether an owner submitting an application under 
     subsection (a)(3)(B)(ii) is in compliance with all applicable 
     cybersecurity practices.
       (2) Training.--The Council shall ensure that third party 
     assessors described in paragraph (1) undergo regular training 
     and accreditation.
       (3) Other assessments.--Using the procedures developed 
     under this section, the Council may perform cybersecurity 
     assessments of a certified owner based on actual knowledge or 
     a reasonable suspicion that the certified owner is not in 
     compliance with the cybersecurity practices or any other 
     risk-based factors as identified by the Council.
       (4) Notification.--The Council shall provide copies of any 
     assessments by the Federal Government to the certified owner.
       (5) Access to information.--
       (A) In general.--For the purposes of an assessment 
     conducted under this subsection, a certified owner shall 
     provide the Council, or a third party assessor, any 
     reasonable access necessary to complete an assessment.
       (B) Protection of information.--Information provided to the 
     Council, the Council's designee, or any assessor during the 
     course of an assessment under this section shall be protected 
     from disclosure in accordance with section 106.
       (c) Benefits of Certification.--
       (1) Limitations on civil liability.--
       (A) Definition.--

[[Page S5793]]

       (i) In general.--In this paragraph, the term ``cyber 
     attack'' means an incident determined by the Attorney General 
     to be an unauthorized intrusion or attack on or through a 
     computer system or asset that causes damage or disruption to 
     the operation or integrity of critical infrastructure that 
     results in--

       (I) loss of life, serious physical injury, or the 
     substantial interruption of life-sustaining services;
       (II) catastrophic economic damage to the United States, 
     including--

       (aa) failure or substantial disruption of a United States 
     financial market;
       (bb) incapacitation or sustained disruption of a 
     transportation system; or
       (cc) other systemic, long-term damage to the United States 
     economy; or

       (III) severe degradation of national security or national 
     security capabilities, including intelligence and defense 
     functions.

       (ii) No judicial review.--A determination by the Attorney 
     General under clause (i) shall not be subject to judicial 
     review.
       (B) Limitation.--In any civil action for damages directly 
     caused by a cyber attack, a certified owner shall not be 
     liable for any punitive damages intended to punish or deter 
     if the certified owner is in compliance with the appropriate 
     cybersecurity practices at the time of the incident related 
     to that cyber risk.
                                 ______
                                 
  SA 2742. Mr. TESTER submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       On page 186, beginning on line 14, strike ``for the timely 
     destruction of cybersecurity threat indicators that'' and 
     insert ``to destroy cybersecurity threat indicators not later 
     than 1 year after such indicators''.

                          ____________________
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