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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3342 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 438
112th CONGRESS
  2d Session
                                S. 3342

        To improve information security, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 27, 2012

 Mr. McCain (for himself, Mrs. Hutchison, Mr. Chambliss, Mr. Grassley, 
   Ms. Murkowski, Mr. Coats, Mr. Burr, and Mr. Johnson of Wisconsin) 
      introduced the following bill; which was read the first time

                             June 28, 2012

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
        To improve information security, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (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, 
                employeee, 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;
            (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
            (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 subsection 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 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 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--
                    ``(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
                            (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 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 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 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-
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 Secretary 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 Secretary 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 Secretary 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 Secretary 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 Secretary 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 Secretary finds 
                necessary to carry out the requirements of this 
                subsection for fiscal years 2012 through 2013.''.
                                                       Calendar No. 438

112th CONGRESS

  2d Session

                                S. 3342

_______________________________________________________________________

                                 A BILL

        To improve information security, and for other purposes.

_______________________________________________________________________

                             June 28, 2012

            Read the second time and placed on the calendar
```