IIB 

111TH CONGRESS 

2D SESSION H. R. 4061 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9 (legislative day, FEBRUARY 8), 2010 

Received; read twice and referred to the Committee on Commerce, Science, 

and Transportation 

AN ACT 

To advance cybersecurity research, development, and 

technical standards, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


smartinez on DSKB9S0YB1PROD with BILLS
2 

HR 4061 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Cybersecurity En3 hancement Act of 2010’’. 

4 TITLE I—RESEARCH AND 

5 DEVELOPMENT 

6 SEC. 101. DEFINITIONS. 

7 In this title: 

8 (1) NATIONAL COORDINATION OFFICE.—The 

9 term National Coordination Office means the Na10 tional Coordination Office for the Networking and 

11 Information Technology Research and Development 

12 program. 

13 (2) PROGRAM.—The term Program means the 

14 Networking and Information Technology Research 

15 and Development program which has been estab16 lished under section 101 of the High-Performance 

17 Computing Act of 1991 (15 U.S.C. 5511). 

18 SEC. 102. FINDINGS. 

19 Section 2 of the Cyber Security Research and Devel20 opment Act (15 U.S.C. 7401) is amended— 

21 (1) by amending paragraph (1) to read as fol22 lows: 

23 ‘‘(1) Advancements in information and commu24 nications technology have resulted in a globally 

25 interconnected network of government, commercial, 

26 scientific, and education infrastructures, including 


smartinez on DSKB9S0YB1PROD with BILLS
3 

HR 4061 RFS 

1 critical infrastructures for electric power, natural 

2 gas and petroleum production and distribution, tele3 communications, transportation, water supply, bank4 ing and finance, and emergency and government 

5 services.’’; 

6 (2) in paragraph (2), by striking ‘‘Exponential 

7 increases in interconnectivity have facilitated en8 hanced communications, economic growth,’’ and in9 serting ‘‘These advancements have significantly con10 tributed to the growth of the United States econ11 omy’’; 

12 (3) by amending paragraph (3) to read as fol13 lows: 

14 ‘‘(3) The Cyberspace Policy Review published 

15 by the President in May, 2009, concluded that our 

16 information technology and communications infra17 structure is vulnerable and has ‘suffered intrusions 

18 that have allowed criminals to steal hundreds of mil19 lions of dollars and nation-states and other entities 

20 to steal intellectual property and sensitive military 

21 information’.’’; 

22 (4) by redesignating paragraphs (4) through 

23 (6) as paragraphs (5) through (7), respectively; 

24 (5) by inserting after paragraph (3) the fol25 lowing new paragraph: 


smartinez on DSKB9S0YB1PROD with BILLS
4 

HR 4061 RFS 

1 ‘‘(4) In a series of hearings held before Con2 gress in 2009, experts testified that the Federal cy3 bersecurity research and development portfolio was 

4 too focused on short-term, incremental research and 

5 that it lacked the prioritization and coordination 

6 necessary to address the long-term challenge of en7 suring a secure and reliable information technology 

8 and communications infrastructure.’’; and 

9 (6) by amending paragraph (7), as so redesig10 nated by paragraph (4) of this section, to read as 

11 follows: 

12 ‘‘(7) While African-Americans, Hispanics, and 

13 Native Americans constitute 33 percent of the col14 lege-age population, members of these minorities 

15 comprise less than 20 percent of bachelor degree re16 cipients in the field of computer sciences.’’. 

17 SEC. 103. CYBERSECURITY STRATEGIC RESEARCH AND DE18 VELOPMENT PLAN. 

19 (a) IN GENERAL.—Not later than 12 months after 

20 the date of enactment of this Act, the agencies identified 

21 in subsection 101(a)(3)(B)(i) through (x) of the High-Per22 formance Computing Act of 1991 (15 U.S.C. 

23 5511(a)(3)(B)(i) through (x)) or designated under section 

24 101(a)(3)(B)(xi) of such Act, working through the Na25 tional Science and Technology Council and with the assistVerDate Nov 24 2008 00:56 Feb 10, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4061.RFS H4061

smartinez on DSKB9S0YB1PROD with BILLS
5 

HR 4061 RFS 

1 ance of the National Coordination Office, shall transmit 

2 to Congress a strategic plan based on an assessment of 

3 cybersecurity risk to guide the overall direction of Federal 

4 cybersecurity and information assurance research and de5 velopment for information technology and networking sys6 tems. Once every 3 years after the initial strategic plan 

7 is transmitted to Congress under this section, such agen8 cies shall prepare and transmit to Congress an update of 

9 such plan. 

10 (b) CONTENTS OF PLAN.—The strategic plan re11 quired under subsection (a) shall— 

12 (1) specify and prioritize near-term, mid-term 

13 and long-term research objectives, including objec14 tives associated with the research areas identified in 

15 section 4(a)(1) of the Cyber Security Research and 

16 Development Act (15 U.S.C. 7403(a)(1)) and how 

17 the near-term objectives complement research and 

18 development areas in which the private sector is ac19 tively engaged; 

20 (2) describe how the Program will focus on in21 novative, transformational technologies with the po22 tential to enhance the security, reliability, resilience, 

23 and trustworthiness of the digital infrastructure, in24 cluding technologies to secure sensitive information 

25 shared among Federal agencies; 


smartinez on DSKB9S0YB1PROD with BILLS
6 

HR 4061 RFS 

1 (3) describe how the Program will foster the 

2 transfer of research and development results into 

3 new cybersecurity technologies and applications for 

4 the benefit of society and the national interest, in5 cluding through the dissemination of best practices 

6 and other outreach activities; 

7 (4) describe how the Program will establish and 

8 maintain a national research infrastructure for cre9 ating, testing, and evaluating the next generation of 

10 secure networking and information technology sys11 tems; 

12 (5) describe how the Program will facilitate ac13 cess by academic researchers to the infrastructure 

14 described in paragraph (4), as well as to relevant 

15 data, including event data representing realistic 

16 threats and vulnerabilities; 

17 (6) describe how the Program will engage fe18 males and individuals identified in section 33 or 34 

19 of the Science and Engineering Equal Opportunities 

20 Act (42 U.S.C. 1885a or 1885b) to foster a more di21 verse workforce in this area; 

22 (7) outline how the United States can work 

23 strategically with our international partners on cy24 bersecurity research and development issues where 

25 appropriate; and 


smartinez on DSKB9S0YB1PROD with BILLS
7 

HR 4061 RFS 

1 (8) describe how the Program will strengthen 

2 all levels of cybersecurity education and training 

3 programs to ensure an adequate, well-trained work4 force. 

5 (c) DEVELOPMENT OF ROADMAP.—The agencies de6 scribed in subsection (a) shall develop and annually update 

7 an implementation roadmap for the strategic plan re8 quired in this section. Such roadmap shall— 

9 (1) specify the role of each Federal agency in 

10 carrying out or sponsoring research and development 

11 to meet the research objectives of the strategic plan, 

12 including a description of how progress toward the 

13 research objectives will be evaluated; 

14 (2) specify the funding allocated to each major 

15 research objective of the strategic plan and the 

16 source of funding by agency for the current fiscal 

17 year; and 

18 (3) estimate the funding required for each 

19 major research objective of the strategic plan for the 

20 following 3 fiscal years. 

21 (d) RECOMMENDATIONS.—In developing and updat22 ing the strategic plan under subsection (a), the agencies 

23 involved shall solicit recommendations and advice from— 


smartinez on DSKB9S0YB1PROD with BILLS
8 

HR 4061 RFS 

1 (1) the advisory committee established under 

2 section 101(b)(1) of the High-Performance Com3 puting Act of 1991 (15 U.S.C. 5511(b)(1)); and 

4 (2) a wide range of stakeholders, including in5 dustry, academia, including representatives of mi6 nority serving institutions and community colleges, 

7 National Laboratories, and other relevant organiza8 tions and institutions. 

9 (e) APPENDING TO REPORT.—The implementation 

10 roadmap required under subsection (c), and its annual up11 dates, shall be appended to the report required under sec12 tion 101(a)(2)(D) of the High-Performance Computing 

13 Act of 1991 (15 U.S.C. 5511(a)(2)(D)). 

14 SEC. 104. SOCIAL AND BEHAVIORAL RESEARCH IN CYBER15 SECURITY. 

16 Section 4(a)(1) of the Cyber Security Research and 

17 Development Act (15 U.S.C. 7403(a)(1)) is amended— 

18 (1) by inserting ‘‘and usability’’ after ‘‘to the 

19 structure’’; 

20 (2) in subparagraph (H), by striking ‘‘and’’ 

21 after the semicolon; 

22 (3) in subparagraph (I), by striking the period 

23 at the end and inserting ‘‘; and’’; and 

24 (4) by adding at the end the following new sub25 paragraph: 


smartinez on DSKB9S0YB1PROD with BILLS
9 

HR 4061 RFS 

1 ‘‘(J) social and behavioral factors, includ2 ing human-computer interactions, usability, 

3 user motivations, and organizational cultures.’’. 

4 SEC. 105. NATIONAL SCIENCE FOUNDATION CYBERSECU5 RITY RESEARCH AND DEVELOPMENT PRO6 GRAMS. 

7 (a) COMPUTER AND NETWORK SECURITY RESEARCH

8 AREAS.—Section 4(a)(1) of the Cyber Security Research 

9 and Development Act (15 U.S.C. 7403(a)(1)) is amend10 ed— 

11 (1) in subparagraph (A) by inserting ‘‘identity 

12 management,’’ after ‘‘cryptography,’’; and 

13 (2) by amending subparagraph (I) to read as 

14 follows: 

15 ‘‘(I) enhancement of the ability of law en16 forcement to detect, investigate, and prosecute 

17 cyber-crimes, including crimes that involve pi18 racy of intellectual property, crimes against 

19 children, and organized crime.’’. 

20 (b) COMPUTER AND NETWORK SECURITY RESEARCH

21 GRANTS.—Section 4(a)(3) of such Act (15 U.S.C. 

22 7403(a)(3)) is amended by striking subparagraphs (A) 

23 through (E) and inserting the following new subpara24 graphs: 

25 ‘‘(A) $68,700,000 for fiscal year 2010; 


smartinez on DSKB9S0YB1PROD with BILLS
10 

HR 4061 RFS 

1 ‘‘(B) $73,500,000 for fiscal year 2011; 

2 ‘‘(C) $78,600,000 for fiscal year 2012; 

3 ‘‘(D) $84,200,000 for fiscal year 2013; 

4 and 

5 ‘‘(E) $90,000,000 for fiscal year 2014.’’. 

6 (c) COMPUTER AND NETWORK SECURITY RESEARCH

7 CENTERS.—Section 4(b) of such Act (15 U.S.C. 7403(b)) 

8 is amended— 

9 (1) in paragraph (4)— 

10 (A) in subparagraph (C), by striking 

11 ‘‘and’’ after the semicolon; 

12 (B) in subparagraph (D), by striking the 

13 period and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following new 

15 subparagraph: 

16 ‘‘(E) how the center will partner with gov17 ernment laboratories, for-profit entities, other 

18 institutions of higher education, or nonprofit re19 search institutions.’’; and 

20 (2) by amending paragraph (7) to read as fol21 lows: 

22 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated to the Na24 tional Science Foundation such sums as are necVerDate Nov 24 2008 00:56 Feb 10, 2010 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4061.RFS H4061

smartinez on DSKB9S0YB1PROD with BILLS
11 

HR 4061 RFS 

1 essary to carry out this subsection for each of the 

2 fiscal years 2010 through 2014.’’. 

3 (d) COMPUTER AND NETWORK SECURITY CAPACITY

4 BUILDING GRANTS.—Section 5(a) of such Act (15 U.S.C. 

5 7404(a)) is amended— 

6 (1) in paragraph (3)(A), by inserting ‘‘, includ7 ing curriculum on the principles and techniques of 

8 designing secure software’’ after ‘‘network security’’; 

9 and 

10 (2) by amending paragraph (6) to read as fol11 lows: 

12 ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— 

13 There are authorized to be appropriated to the Na14 tional Science Foundation such sums as are nec15 essary to carry out this subsection for each of the 

16 fiscal years 2010 through 2014.’’. 

17 (e) SCIENTIFIC AND ADVANCED TECHNOLOGY ACT

18 GRANTS.—Section 5(b)(2) of such Act (15 U.S.C. 

19 7404(b)(2)) is amended to read as follows: 

20 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

21 There are authorized to be appropriated to the Na22 tional Science Foundation such sums as are nec23 essary to carry out this subsection for each of the 

24 fiscal years 2010 through 2014.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
12 

HR 4061 RFS 

1 (f) GRADUATE TRAINEESHIPS IN COMPUTER AND

2 NETWORK SECURITY.—Section 5(c)(7) of such Act (15 

3 U.S.C. 7404(c)(7)) is amended to read as follows: 

4 ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— 

5 There are authorized to be appropriated to the Na6 tional Science Foundation such sums as are nec7 essary to carry out this subsection for each of the 

8 fiscal years 2010 through 2014.’’. 

9 (g) POSTDOCTORAL RESEARCH FELLOWSHIPS IN CY10 BERSECURITY.—Section 5(e) of such Act (15 U.S.C. 

11 7404(e)) is amended to read as follows: 

12 ‘‘(e) POSTDOCTORAL RESEARCH FELLOWSHIPS IN

13 CYBERSECURITY.— 

14 ‘‘(1) IN GENERAL.—The Director shall carry 

15 out a program to encourage young scientists and en16 gineers to conduct postdoctoral research in the fields 

17 of cybersecurity and information assurance, includ18 ing the research areas described in section 4(a)(1), 

19 through the award of competitive, merit-based fel20 lowships. 

21 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated to the Na23 tional Science Foundation such sums as are nec24 essary to carry out this subsection for each of the 

25 fiscal years 2010 through 2014.’’. 


smartinez on DSKB9S0YB1PROD with BILLS
13 

HR 4061 RFS 

1 (h) PROHIBITION ON EARMARKS.—None of the funds 

2 appropriated under this section, and the amendments 

3 made by this section may be used for a Congressional ear4 mark as defined in clause 9(d) of rule XXI of the Rules 

5 of the House of Representatives. 

6 (i) COMPUTER AND NETWORK SECURITY CAPACITY

7 BUILDING GRANTS—MANUFACTURING EXTENSION

8 PARTNERSHIP.—Section 5(a)(3) of the Cyber Security 

9 Research and Development Act (15 U.S.C. 7404(a)(3)) is 

10 amended— 

11 (1) by striking ‘‘and’’ at the end of subpara12 graph (I); 

13 (2) by redesignating subparagraph (J) as sub14 paragraph (K); and 

15 (3) by inserting after subparagraph (I) the fol16 lowing new subparagraph: 

17 ‘‘(J) establishing or enhancing collabora18 tion in computer and network security between 

19 community colleges, universities, and Manufac20 turing Extension Partnership Centers; and’’. 

21 SEC. 106. FEDERAL CYBER SCHOLARSHIP FOR SERVICE 

22 PROGRAM. 

23 (a) IN GENERAL.—The Director of the National 

24 Science Foundation shall carry out a Scholarship for Serv25 ice program to recruit and train the next generation of 


smartinez on DSKB9S0YB1PROD with BILLS
14 

HR 4061 RFS 

1 Federal cybersecurity professionals and to increase the ca2 pacity of the higher education system to produce an infor3 mation technology workforce with the skills necessary to 

4 enhance the security of the Nation’s communications and 

5 information infrastructure. 

6 (b) CHARACTERISTICS OF PROGRAM.—The program 

7 under this section shall— 

8 (1) provide, through qualified institutions of 

9 higher education, scholarships that provide tuition, 

10 fees, and a competitive stipend for up to 2 years to 

11 students pursing a bachelor’s or master’s degree and 

12 up to 3 years to students pursuing a doctoral degree 

13 in a cybersecurity field; 

14 (2) provide the scholarship recipients with sum15 mer internship opportunities or other meaningful 

16 temporary appointments in the Federal information 

17 technology workforce or, at the discretion of the Di18 rector, with appropriate private sector entities; and 

19 (3) increase the capacity of institutions of high20 er education throughout all regions of the United 

21 States to produce highly qualified cybersecurity pro22 fessionals, through the award of competitive, merit23 reviewed grants that support such activities as— 

24 (A) faculty professional development, in25 cluding technical, hands-on experiences in the 


smartinez on DSKB9S0YB1PROD with BILLS
15 

HR 4061 RFS 

1 private sector or government, workshops, semi2 nars, conferences, and other professional devel3 opment opportunities that will result in im4 proved instructional capabilities; 

5 (B) institutional partnerships, including 

6 minority serving institutions and community 

7 colleges; 

8 (C) development of cybersecurity-related 

9 courses and curricula; and 

10 (D) outreach to secondary schools and 2- 

11 year institutions to increase the interest and re12 cruitment of students into cybersecurity-related 

13 fields. 

14 (c) SCHOLARSHIP REQUIREMENTS.— 

15 (1) ELIGIBILITY.—Scholarships under this sec16 tion shall be available only to students who— 

17 (A) are citizens or permanent residents of 

18 the United States; 

19 (B) are full-time students in an eligible de20 gree program, as determined by the Director, 

21 that is focused on computer security or infor22 mation assurance at an awardee institution; 

23 and 

24 (C) accept the terms of a scholarship pur25 suant to this section. 


smartinez on DSKB9S0YB1PROD with BILLS
16 

HR 4061 RFS 

1 (2) SELECTION.—Individuals shall be selected 

2 to receive scholarships primarily on the basis of aca3 demic merit, with consideration given to financial 

4 need, to the goal of promoting the participation of 

5 individuals identified in section 33 or 34 of the 

6 Science and Engineering Equal Opportunities Act 

7 (42 U.S.C. 1885a or 1885b), and to veterans. For 

8 purposes of this paragraph, the term ‘‘veteran’’ 

9 means a person who— 

10 (A) served on active duty (other than ac11 tive duty for training) in the Armed Forces of 

12 the United States for a period of more than 

13 180 consecutive days, and who was discharged 

14 or released therefrom under conditions other 

15 than dishonorable; or 

16 (B) served on active duty (other than ac17 tive duty for training) in the Armed Forces of 

18 the United States and was discharged or re19 leased from such service for a service-connected 

20 disability before serving 180 consecutive days. 

21 For purposes of subparagraph (B), the term ‘‘serv22 ice-connected’’ has the meaning given such term 

23 under section 101 of title 38, United States Code. 

24 (3) SERVICE OBLIGATION.—If an individual re25 ceives a scholarship under this section, as a condiVerDate Nov 24 2008 00:56 Feb 10, 2010 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4061.RFS H4061

smartinez on DSKB9S0YB1PROD with BILLS
17 

HR 4061 RFS 

1 tion of receiving such scholarship, the individual 

2 upon completion of their degree must serve as a cy3 bersecurity professional within the Federal workforce 

4 for a period of time as provided in paragraph (5). 

5 If a scholarship recipient is not offered employment 

6 by a Federal agency or a federally funded research 

7 and development center, the service requirement can 

8 be satisfied at the Director’s discretion by— 

9 (A) serving as a cybersecurity professional 

10 in a State, local, or tribal government agency; 

11 or 

12 (B) teaching cybersecurity courses at an 

13 institution of higher education. 

14 (4) CONDITIONS OF SUPPORT.—As a condition 

15 of acceptance of a scholarship under this section, a 

16 recipient shall agree to provide the awardee institu17 tion with annual verifiable documentation of employ18 ment and up-to-date contact information. 

19 (5) LENGTH OF SERVICE.—The length of serv20 ice required in exchange for a scholarship under this 

21 subsection shall be as follows: 

22 (A) For a recipient in a bachelor’s degree 

23 program, 1 year more than the number of years 

24 for which the scholarship was received. 


smartinez on DSKB9S0YB1PROD with BILLS
18 

HR 4061 RFS 

1 (B) For a recipient in a master’s degree 

2 program, 2 years more than the number of 

3 years for which the scholarship was received. 

4 (C) For a recipient in a doctorate degree 

5 program, 3 years more than the number of 

6 years for which the scholarship was received. 

7 (d) FAILURE TO COMPLETE SERVICE OBLIGATION.— 

8 (1) GENERAL RULE.—If an individual who has 

9 received a scholarship under this section— 

10 (A) fails to maintain an acceptable level of 

11 academic standing in the educational institution 

12 in which the individual is enrolled, as deter13 mined by the Director; 

14 (B) is dismissed from such educational in15 stitution for disciplinary reasons; 

16 (C) withdraws from the program for which 

17 the award was made before the completion of 

18 such program; 

19 (D) declares that the individual does not 

20 intend to fulfill the service obligation under this 

21 section; or 

22 (E) fails to fulfill the service obligation of 

23 the individual under this section, 

24 such individual shall be liable to the United States 

25 as provided in paragraph (3). 


smartinez on DSKB9S0YB1PROD with BILLS
19 

HR 4061 RFS 

1 (2) MONITORING COMPLIANCE.—As a condition 

2 of participating in the program, a qualified institu3 tion of higher education receiving a grant under this 

4 section shall— 

5 (A) enter into an agreement with the Di6 rector of the National Science Foundation to 

7 monitor the compliance of scholarship recipients 

8 with respect to their service obligation; and 

9 (B) provide to the Director, on an annual 

10 basis, post-award employment information re11 quired under subsection (c)(4) for scholarship 

12 recipients through the completion of their serv13 ice obligation. 

14 (3) AMOUNT OF REPAYMENT.— 

15 (A) LESS THAN ONE YEAR OF SERVICE.— 

16 If a circumstance described in paragraph (1) 

17 occurs before the completion of 1 year of a 

18 service obligation under this section, the total 

19 amount of awards received by the individual 

20 under this section shall be repaid or such 

21 amount shall be treated as a loan to be repaid 

22 in accordance with subparagraph (C). 

23 (B) MORE THAN ONE YEAR OF SERVICE.— 

24 If a circumstance described in subparagraph 

25 (D) or (E) of paragraph (1) occurs after the 


smartinez on DSKB9S0YB1PROD with BILLS
20 

HR 4061 RFS 

1 completion of 1 year of a service obligation 

2 under this section, the total amount of scholar3 ship awards received by the individual under 

4 this section, reduced by the ratio of the number 

5 of years of service completed divided by the 

6 number of years of service required, shall be re7 paid or such amount shall be treated as a loan 

8 to be repaid in accordance with subparagraph 

9 (C). 

10 (C) REPAYMENTS.—A loan described in 

11 subparagraph (A) or (B) shall be treated as a 

12 Federal Direct Unsubsidized Stafford Loan 

13 under part D of title IV of the Higher Edu14 cation Act of 1965 (20 U.S.C. 1087a and fol15 lowing), and shall be subject to repayment, to16 gether with interest thereon accruing from the 

17 date of the scholarship award, in accordance 

18 with terms and conditions specified by the Di19 rector (in consultation with the Secretary of 

20 Education) in regulations promulgated to carry 

21 out this paragraph. 

22 (4) COLLECTION OF REPAYMENT.— 

23 (A) IN GENERAL.—In the event that a 

24 scholarship recipient is required to repay the 


smartinez on DSKB9S0YB1PROD with BILLS
21 

HR 4061 RFS 

1 scholarship under this subsection, the institu2 tion providing the scholarship shall— 

3 (i) be responsible for determining the 

4 repayment amounts and for notifying the 

5 recipient and the Director of the amount 

6 owed; and 

7 (ii) collect such repayment amount 

8 within a period of time as determined 

9 under the agreement described in para10 graph (2), or the repayment amount shall 

11 be treated as a loan in accordance with 

12 paragraph (3)(C). 

13 (B) RETURNED TO TREASURY.—Except as 

14 provided in subparagraph (C) of this para15 graph, any such repayment shall be returned to 

16 the Treasury of the United States. 

17 (C) RETAIN PERCENTAGE.—An institution 

18 of higher education may retain a percentage of 

19 any repayment the institution collects under 

20 this paragraph to defray administrative costs 

21 associated with the collection. The Director 

22 shall establish a single, fixed percentage that 

23 will apply to all eligible entities. 

24 (5) EXCEPTIONS.—The Director may provide 

25 for the partial or total waiver or suspension of any 


smartinez on DSKB9S0YB1PROD with BILLS
22 

HR 4061 RFS 

1 service or payment obligation by an individual under 

2 this section whenever compliance by the individual 

3 with the obligation is impossible or would involve ex4 treme hardship to the individual, or if enforcement 

5 of such obligation with respect to the individual 

6 would be unconscionable. 

7 (e) HIRING AUTHORITY.—For purposes of any law 

8 or regulation governing the appointment of individuals in 

9 the Federal civil service, upon successful completion of 

10 their degree, students receiving a scholarship under this 

11 section shall be hired under the authority provided for in 

12 section 213.3102(r) of title 5, Code of Federal Regula13 tions, and be exempted from competitive service. Upon ful14 fillment of the service term, such individuals shall be con15 verted to a competitive service position without competi16 tion if the individual meets the requirements for that posi17 tion. 

18 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to appropriated to the National Science 

20 Foundation to carry out this section— 

21 (1) $18,700,000 for fiscal year 2010; 

22 (2) $20,100,000 for fiscal year 2011; 

23 (3) $21,600,000 for fiscal year 2012; 

24 (4) $23,300,000 for fiscal year 2013; and 

25 (5) $25,000,000 for fiscal year 2014. 


smartinez on DSKB9S0YB1PROD with BILLS
23 

HR 4061 RFS 

1 SEC. 107. CYBERSECURITY WORKFORCE ASSESSMENT. 

2 Not later than 180 days after the date of enactment 

3 of this Act the President shall transmit to the Congress 

4 a report addressing the cybersecurity workforce needs of 

5 the Federal Government. The report shall include— 

6 (1) an examination of the current state of and 

7 the projected needs of the Federal cybersecurity 

8 workforce, including a comparison of the different 

9 agencies and departments, the extent to which dif10 ferent agencies and departments rely on contractors 

11 to support the Federal cybersecurity workforce, and 

12 an analysis of the capacity of such agencies and de13 partments to meet those needs; 

14 (2) an analysis of the sources and availability of 

15 cybersecurity talent, a comparison of the skills and 

16 expertise sought by the Federal Government and the 

17 private sector, an examination of the current and fu18 ture capacity of United States institutions of higher 

19 education, including community colleges, to provide 

20 cybersecurity professionals with those skills sought 

21 by the Federal Government and the private sector, 

22 and a description of how successful programs are en23 gaging the talents of women and African-Americans, 

24 Hispanics, and Native Americans in the cybersecu25 rity workforce; 


smartinez on DSKB9S0YB1PROD with BILLS
24 

HR 4061 RFS 

1 (3) an examination of the effectiveness of the 

2 National Centers of Academic Excellence in Infor3 mation Assurance Education, the Centers of Aca4 demic Excellence in Research, and the Federal 

5 Cyber Scholarship for Service programs in pro6 moting higher education and research in cybersecu7 rity and information assurance and in producing a 

8 growing number of professionals with the necessary 

9 cybersecurity and information assurance expertise; 

10 (4) an analysis of any barriers to the Federal 

11 Government recruiting and hiring cybersecurity tal12 ent, including barriers relating to compensation, the 

13 hiring process, job classification, job security clear14 ance and suitability requirements, and hiring flexi15 bilities; 

16 (5) a specific analysis of the capacity of the 

17 agency workforce to manage contractors who are 

18 performing cybersecurity work on behalf of the Fed19 eral Government; and 

20 (6) recommendations for Federal policies to en21 sure an adequate, well-trained Federal cybersecurity 

22 workforce, including recommendations on the tem23 porary assignment of private sector cybersecurity 

24 professionals to Federal agencies. 


smartinez on DSKB9S0YB1PROD with BILLS
25 

HR 4061 RFS 

1 SEC. 108. CYBERSECURITY UNIVERSITY-INDUSTRY TASK 

2 FORCE. 

3 (a) ESTABLISHMENT OF UNIVERSITY-INDUSTRY

4 TASK FORCE.—Not later than 180 days after the date of 

5 enactment of this Act, the Director of the Office of Science 

6 and Technology Policy shall convene a task force to ex7 plore mechanisms for carrying out collaborative research 

8 and development activities for cybersecurity through a 

9 consortium or other appropriate entity with participants 

10 from institutions of higher education and industry. 

11 (b) FUNCTIONS.—The task force shall— 

12 (1) develop options for a collaborative model 

13 and an organizational structure for such entity 

14 under which the joint research and development ac15 tivities could be planned, managed, and conducted 

16 effectively, including mechanisms for the allocation 

17 of resources among the participants in such entity 

18 for support of such activities; 

19 (2) propose a process for developing a research 

20 and development agenda for such entity, including 

21 guidelines to ensure an appropriate scope of work fo22 cused on nationally significant challenges and requir23 ing collaboration; 

24 (3) define the roles and responsibilities for the 

25 participants from institutions of higher education 

26 and industry in such entity; 


smartinez on DSKB9S0YB1PROD with BILLS
26 

HR 4061 RFS 

1 (4) propose guidelines for assigning intellectual 

2 property rights, for the transfer of research and de3 velopment results to the private sector, and for the 

4 sharing of lessons learned on the effectiveness of 

5 new technologies from the private sector with the 

6 public sector; and 

7 (5) make recommendations for how such entity 

8 could be funded from Federal, State, and nongovern9 mental sources. 

10 (c) COMPOSITION.—In establishing the task force 

11 under subsection (a), the Director of the Office of Science 

12 and Technology Policy shall appoint an equal number of 

13 individuals from institutions of higher education, including 

14 community colleges, and from industry with knowledge 

15 and expertise in cybersecurity, and shall include represent16 atives from minority-serving institutions. 

17 (d) REPORT.—Not later than 12 months after the 

18 date of enactment of this Act, the Director of the Office 

19 of Science and Technology Policy shall transmit to the 

20 Congress a report describing the findings and rec21 ommendations of the task force. 


smartinez on DSKB9S0YB1PROD with BILLS
27 

HR 4061 RFS 

1 SEC. 109. CYBERSECURITY CHECKLIST DEVELOPMENT AND 

2 DISSEMINATION. 

3 Section 8(c) of the Cyber Security Research and De4 velopment Act (15 U.S.C. 7406(c)) is amended to read 

5 as follows: 

6 ‘‘(c) CHECKLISTS FOR GOVERNMENT SYSTEMS.— 

7 ‘‘(1) IN GENERAL.—The Director of the Na8 tional Institute of Standards and Technology shall 

9 develop or identify and revise or adapt as necessary, 

10 checklists, configuration profiles, and deployment 

11 recommendations for products and protocols that 

12 minimize the security risks associated with each 

13 computer hardware or software system that is, or is 

14 likely to become, widely used within the Federal 

15 Government. 

16 ‘‘(2) PRIORITIES FOR DEVELOPMENT.—The Di17 rector of the National Institute of Standards and 

18 Technology shall establish priorities for the develop19 ment of checklists under this subsection. Such prior20 ities may be based on the security risks associated 

21 with the use of each system, the number of agencies 

22 that use a particular system, the usefulness of the 

23 checklist to Federal agencies that are users or po24 tential users of the system, or such other factors as 

25 the Director determines to be appropriate. 


smartinez on DSKB9S0YB1PROD with BILLS
28 

HR 4061 RFS 

1 ‘‘(3) EXCLUDED SYSTEMS.—The Director of 

2 the National Institute of Standards and Technology 

3 may exclude from the requirements of paragraph (1) 

4 any computer hardware or software system for 

5 which the Director determines that the development 

6 of a checklist is inappropriate because of the infre7 quency of use of the system, the obsolescence of the 

8 system, or the inutility or impracticability of devel9 oping a checklist for the system. 

10 ‘‘(4) AUTOMATION SPECIFICATIONS.—The Di11 rector of the National Institute of Standards and 

12 Technology shall develop automated security speci13 fications (such as the Security Content Automation 

14 Protocol) with respect to checklist content and asso15 ciated security related data. 

16 ‘‘(5) DISSEMINATION OF CHECKLISTS.—The 

17 Director of the National Institute of Standards and 

18 Technology shall ensure that Federal agencies are 

19 informed of the availability of any product developed 

20 or identified under the National Checklist Program 

21 for any information system, including the Security 

22 Content Automation Protocol and other automated 

23 security specifications. 


smartinez on DSKB9S0YB1PROD with BILLS
29 

HR 4061 RFS 

1 ‘‘(6) AGENCY USE REQUIREMENTS.—The devel2 opment of a checklist under paragraph (1) for a 

3 computer hardware or software system does not— 

4 ‘‘(A) require any Federal agency to select 

5 the specific settings or options recommended by 

6 the checklist for the system; 

7 ‘‘(B) establish conditions or prerequisites 

8 for Federal agency procurement or deployment 

9 of any such system; 

10 ‘‘(C) imply an endorsement of any such 

11 system by the Director of the National Institute 

12 of Standards and Technology; or 

13 ‘‘(D) preclude any Federal agency from 

14 procuring or deploying other computer hard15 ware or software systems for which no such 

16 checklist has been developed or identified under 

17 paragraph (1).’’. 

18 SEC. 110. NATIONAL INSTITUTE OF STANDARDS AND TECH19 NOLOGY CYBERSECURITY RESEARCH AND 

20 DEVELOPMENT. 

21 Section 20 of the National Institute of Standards and 

22 Technology Act (15 U.S.C. 278g–3) is amended by redes23 ignating subsection (e) as subsection (f), and by inserting 

24 after subsection (d) the following: 


smartinez on DSKB9S0YB1PROD with BILLS
30 

HR 4061 RFS 

1 ‘‘(e) INTRAMURAL SECURITY RESEARCH.—As part of 

2 the research activities conducted in accordance with sub3 section (d)(3), the Institute shall— 

4 ‘‘(1) conduct a research program to develop a 

5 unifying and standardized identity, privilege, and ac6 cess control management framework for the execu7 tion of a wide variety of resource protection policies 

8 and that is amenable to implementation within a 

9 wide variety of existing and emerging computing en10 vironments; 

11 ‘‘(2) carry out research associated with improv12 ing the security of information systems and net13 works; 

14 ‘‘(3) carry out research associated with improv15 ing the testing, measurement, usability, and assur16 ance of information systems and networks; and 

17 ‘‘(4) carry out research associated with improv18 ing security of industrial control systems.’’. 

19 SEC. 111. NATIONAL ACADEMY OF SCIENCES STUDY ON 

20 THE ROLE OF COMMUNITY COLLEGES IN CY21 BERSECURITY EDUCATION. 

22 Not later than 120 days after the date of enactment 

23 of this Act, the Director of the Office of Science and Tech24 nology Policy, in consultation with the Director of the Na25 tional Coordination Office, shall enter into a contract with 


smartinez on DSKB9S0YB1PROD with BILLS
31 

HR 4061 RFS 

1 the National Academy of Sciences to conduct and complete 

2 a study to describe the role of community colleges in cy3 bersecurity education and to identify exemplary practices 

4 and partnerships related to cybersecurity education be5 tween community colleges and 4-year educational institu6 tions. 

7 SEC. 112. NATIONAL CENTER OF EXCELLENCE FOR CYBER8 SECURITY. 

9 (a) IN GENERAL.—As part of the Program, the Di10 rector of the National Science Foundation shall, in coordi11 nation with other Federal agencies participating in the 

12 Program, establish a National Center of Excellence for 

13 Cybersecurity. 

14 (b) MERIT REVIEW.—The National Center of Excel15 lence for Cybersecurity shall be awarded on a merit-re16 viewed, competitive basis. 

17 (c) ACTIVITIES SUPPORTED.—The National Center 

18 of Excellence for Cybersecurity shall— 

19 (1) involve institutions of higher education or 

20 national laboratories and other partners, which may 

21 include States and industry; 

22 (2) make use of existing expertise in cybersecu23 rity; 


smartinez on DSKB9S0YB1PROD with BILLS
32 

HR 4061 RFS 

1 (3) interact and collaborate with Computer and 

2 Network Security Research Centers to foster the ex3 change of technical information and best practices; 

4 (4) perform research to support the develop5 ment of technologies for testing hardware and soft6 ware products to validate operational readiness and 

7 certify stated security levels; 

8 (5) coordinate cybersecurity education and 

9 training opportunities nationally; 

10 (6) enhance technology transfer and commer11 cialization that promote cybersecurity innovation; 

12 and 

13 (7) perform research on cybersecurity social 

14 and behavioral factors, including human-computer 

15 interactions, usability, user motivations, and organi16 zational cultures. 

17 SEC. 113. CYBERSECURITY INFRASTRUCTURE REPORT. 

18 Not later than 1 year after the date of enactment 

19 of this Act, the Comptroller General shall transmit to the 

20 Congress a report examining key weaknesses within the 

21 current cybersecurity infrastructure, along with rec22 ommendations on how to address such weaknesses in the 

23 future and on the technology that is needed to do so. 


smartinez on DSKB9S0YB1PROD with BILLS
33 

HR 4061 RFS 

1 TITLE II—ADVANCEMENT OF CY2 BERSECURITY TECHNICAL 

3 STANDARDS 

4 SEC. 201. DEFINITIONS. 

5 In this title: 

6 (1) DIRECTOR.—The term ‘‘Director’’ means 

7 the Director of the National Institute of Standards 

8 and Technology. 

9 (2) INSTITUTE.—The term ‘‘Institute’’ means 

10 the National Institute of Standards and Technology. 

11 SEC. 202. INTERNATIONAL CYBERSECURITY TECHNICAL 

12 STANDARDS. 

13 The Director, in coordination with appropriate Fed14 eral authorities, shall— 

15 (1) ensure coordination of United States Gov16 ernment representation in the international develop17 ment of technical standards related to cybersecurity; 

18 and 

19 (2) not later than 1 year after the date of en20 actment of this Act, develop and transmit to the 

21 Congress a proactive plan to engage international 

22 standards bodies with respect to the development of 

23 technical standards related to cybersecurity. 


smartinez on DSKB9S0YB1PROD with BILLS
34 

HR 4061 RFS 

1 SEC. 203. PROMOTING CYBERSECURITY AWARENESS AND 

2 EDUCATION. 

3 (a) PROGRAM.—The Director, in collaboration with 

4 relevant Federal agencies, industry, educational institu5 tions, and other organizations, shall develop and imple6 ment a cybersecurity awareness and education program to 

7 increase public awareness, including among children and 

8 young adults, of cybersecurity risks, consequences, and 

9 best practices through— 

10 (1) the widespread dissemination of cybersecu11 rity technical standards and best practices identified 

12 by the Institute; and 

13 (2) efforts to make cybersecurity technical 

14 standards and best practices usable by individuals, 

15 small to medium-sized businesses, State, local, and 

16 tribal governments, and educational institutions, es17 pecially with respect to novice computer users, elder18 ly populations, low-income populations, and popu19 lations in areas of planned broadband expansion or 

20 deployment. 

21 (b) WORKSHOPS.—In carrying out activities under 

22 subsection (a)(1), the Institute is authorized to host re23 gional workshops to provide an overview of cybersecurity 

24 risks and best practices to businesses, State, local, and 

25 tribal governments, and educational institutions. 


smartinez on DSKB9S0YB1PROD with BILLS
35 

HR 4061 RFS 

1 (c) MANUFACTURING EXTENSION PARTNERSHIP.— 

2 The Director shall, to the extent appropriate, implement 

3 subsection (a) through the Manufacturing Extension Part4 nership program under section 25 of the National Insti5 tute of Standards and Technology Act (15 U.S.C. 278k). 

6 (d) REPORT TO CONGRESS.—Not later than 90 days 

7 after the date of enactment of this Act, the Director shall 

8 transmit to the Congress a report containing a strategy 

9 for implementation of this section. 

10 SEC. 204. IDENTITY MANAGEMENT RESEARCH AND DEVEL11 OPMENT. 

12 The Director shall establish a program to support the 

13 development of technical standards, metrology, testbeds, 

14 and conformance criteria, taking into account appropriate 

15 user concerns, to— 

16 (1) improve interoperability among identity 

17 management technologies; 

18 (2) strengthen authentication methods of iden19 tity management systems; 

20 (3) improve privacy protection in identity man21 agement systems, including health information tech22 nology systems, through authentication and security 

23 protocols; and 

24 (4) improve the usability of identity manage25 ment systems. 


smartinez on DSKB9S0YB1PROD with BILLS
36 

HR 4061 RFS 

1 SEC. 205. PRACTICES AND STANDARDS. 

2 The National Institute of Standards and Technology 

3 shall work with other Federal, State, and private sector 

4 partners, as appropriate, to develop a framework that 

5 States may follow in order to achieve effective cybersecu6 rity practices in a timely and cost-effective manner. 

Passed the House of Representatives February 4, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


smartinez on DSKB9S0YB1PROD with BILLS