IIB 

113TH CONGRESS 

2D SESSION H. R. 3696 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2014 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To amend the Homeland Security Act of 2002 to make 

certain improvements regarding cybersecurity and critical 

infrastructure protection, and for other purposes. 

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


jbell on DSK4SPTVN1PROD with BILLS
2 

HR 3696 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘National Cybersecurity 

3 and Critical Infrastructure Protection Act of 2014’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—SECURING THE NATION AGAINST CYBER ATTACK 

Sec. 101. Homeland Security Act of 2002 definitions. 

Sec. 102. Enhancement of cybersecurity. 

Sec. 103. Protection of critical infrastructure and information sharing. 

Sec. 104. National Cybersecurity and Communications Integration Center. 

Sec. 105. Cyber incident response and technical assistance. 

Sec. 106. Streamlining of Department cybersecurity organization. 

TITLE II—PUBLIC-PRIVATE COLLABORATION ON CYBERSECURITY 

Sec. 201. Public-private collaboration on cybersecurity. 

Sec. 202. SAFETY Act and qualifying cyber incidents. 

Sec. 203. Prohibition on new regulatory authority. 

Sec. 204. Prohibition on additional authorization of appropriations. 

Sec. 205. Prohibition on collection activities to track individuals’ personally 

identifiable information. 

Sec. 206. Cybersecurity scholars. 

Sec. 207. National Research Council study on the resilience and reliability of 

the Nation’s power grid. 

TITLE III—HOMELAND SECURITY CYBERSECURITY WORKFORCE 

Sec. 301. Homeland security cybersecurity workforce. 

Sec. 302. Personnel authorities. 

6 TITLE I—SECURING THE NATION 

7 AGAINST CYBER ATTACK 

8 SEC. 101. HOMELAND SECURITY ACT OF 2002 DEFINITIONS. 

9 Section 2 of the Homeland Security Act of 2002 (6 

10 U.S.C. 101) is amended by adding at the end the following 

11 new paragraphs: 


jbell on DSK4SPTVN1PROD with BILLS
3 

HR 3696 RFS

1 ‘‘(19) The term ‘critical infrastructure’ has the 

2 meaning given that term in section 1016(e) of the 

3 USA Patriot Act (42 U.S.C. 5195c(e)). 

4 ‘‘(20) The term ‘critical infrastructure owner’ 

5 means a person that owns critical infrastructure. 

6 ‘‘(21) The term ‘critical infrastructure operator’ 

7 means a critical infrastructure owner or other per8 son that manages, runs, or operates, in whole or in 

9 part, the day-to-day operations of critical infrastruc10 ture. 

11 ‘‘(22) The term ‘cyber incident’ means an inci12 dent, or an attempt to cause an incident, that, if 

13 successful, would— 

14 ‘‘(A) jeopardize or imminently jeopardize, 

15 without lawful authority, the security, integrity, 

16 confidentiality, or availability of an information 

17 system or network of information systems or 

18 any information stored on, processed on, or 

19 transiting such a system or network; 

20 ‘‘(B) constitute a violation or imminent 

21 threat of violation of law, security policies, secu22 rity procedures, or acceptable use policies re23 lated to such a system or network, or an act of 

24 terrorism against such a system or network; or 


jbell on DSK4SPTVN1PROD with BILLS
4 

HR 3696 RFS

1 ‘‘(C) result in the denial of access to or 

2 degradation, disruption, or destruction of such 

3 a system or network, or the defeat of an oper4 ations control or technical control essential to 

5 the security or operation of such a system or 

6 network. 

7 ‘‘(23) The term ‘cybersecurity mission’ means 

8 activities that encompass the full range of threat re9 duction, vulnerability reduction, deterrence, incident 

10 response, resiliency, and recovery activities to foster 

11 the security and stability of cyberspace. 

12 ‘‘(24) The term ‘cybersecurity purpose’ means 

13 the purpose of ensuring the security, integrity, con14 fidentiality, or availability of, or safeguarding, an in15 formation system or network of information systems, 

16 including protecting such a system or network, or 

17 data residing on such a system or network, including 

18 protection of such a system or network, from— 

19 ‘‘(A) a vulnerability of such a system or 

20 network; 

21 ‘‘(B) a threat to the security, integrity, 

22 confidentiality, or availability of such a system 

23 or network, or any information stored on, proc24 essed on, or transiting such a system or net25 work; 


jbell on DSK4SPTVN1PROD with BILLS
5 

HR 3696 RFS

1 ‘‘(C) efforts to deny access to or degrade, 

2 disrupt, or destroy such a system or network; or 

3 ‘‘(D) efforts to gain unauthorized access to 

4 such a system or network, including to gain 

5 such unauthorized access for the purpose of 

6 exfiltrating information stored on, processed on, 

7 or transiting such a system or network. 

8 ‘‘(25) The term ‘cyber threat’ means any action 

9 that may result in unauthorized access to, 

10 exfiltration of, manipulation of, harm of, or impair11 ment to the security, integrity, confidentiality, or 

12 availability of an information system or network of 

13 information systems, or information that is stored 

14 on, processed by, or transiting such a system or net15 work. 

16 ‘‘(26) The term ‘cyber threat information’ 

17 means information directly pertaining to— 

18 ‘‘(A) a vulnerability of an information sys19 tem or network of information systems of a 

20 government or private entity; 

21 ‘‘(B) a threat to the security, integrity, 

22 confidentiality, or availability of such a system 

23 or network of a government or private entity, or 

24 any information stored on, processed on, or 

25 transiting such a system or network; 


jbell on DSK4SPTVN1PROD with BILLS
6 

HR 3696 RFS

1 ‘‘(C) efforts to deny access to or degrade, 

2 disrupt, or destroy such a system or network of 

3 a government or private entity; 

4 ‘‘(D) efforts to gain unauthorized access to 

5 such a system or network, including to gain 

6 such unauthorized access for the purpose of 

7 exfiltrating information stored on, processed on, 

8 or transiting such a system or network; or 

9 ‘‘(E) an act of terrorism against an infor10 mation system or network of information sys11 tems. 

12 ‘‘(27) The term ‘Federal civilian information 

13 systems’— 

14 ‘‘(A) means information, information sys15 tems, and networks of information systems that 

16 are owned, operated, controlled, or licensed for 

17 use by, or on behalf of, any Federal agency, in18 cluding such systems or networks used or oper19 ated by another entity on behalf of a Federal 

20 agency; but 

21 ‘‘(B) does not include— 

22 ‘‘(i) a national security system; or 

23 ‘‘(ii) information, information sys24 tems, and networks of information systems 

25 that are owned, operated, controlled, or liVerDate Mar 15 2010 02:51 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3696.RFS H3696

jbell on DSK4SPTVN1PROD with BILLS
7 

HR 3696 RFS

1 censed solely for use by, or on behalf of, 

2 the Department of Defense, a military de3 partment, or an element of the intelligence 

4 community. 

5 ‘‘(28) The term ‘information security’ means 

6 the protection of information, information systems, 

7 and networks of information systems from unauthor8 ized access, use, disclosure, disruption, modification, 

9 or destruction in order to provide— 

10 ‘‘(A) integrity, including guarding against 

11 improper information modification or destruc12 tion, including ensuring nonrepudiation and au13 thenticity; 

14 ‘‘(B) confidentiality, including preserving 

15 authorized restrictions on access and disclosure, 

16 including means for protecting personal privacy 

17 and proprietary information; and 

18 ‘‘(C) availability, including ensuring timely 

19 and reliable access to and use of information. 

20 ‘‘(29) The term ‘information system’ means the 

21 underlying framework and functions used to process, 

22 transmit, receive, or store information electronically, 

23 including programmable electronic devices, commu24 nications networks, and industrial or supervisory 


jbell on DSK4SPTVN1PROD with BILLS
8 

HR 3696 RFS

1 control systems and any associated hardware, soft2 ware, or data. 

3 ‘‘(30) The term ‘private entity’ means any indi4 vidual or any private or publically-traded company, 

5 public or private utility (including a utility that is a 

6 unit of a State or local government, or a political 

7 subdivision of a State government), organization, or 

8 corporation, including an officer, employee, or agent 

9 thereof. 

10 ‘‘(31) The term ‘shared situational awareness’ 

11 means an environment in which cyber threat infor12 mation is shared in real time between all designated 

13 Federal cyber operations centers to provide action14 able information about all known cyber threats.’’. 

15 SEC. 102. ENHANCEMENT OF CYBERSECURITY. 

16 (a) IN GENERAL.—Subtitle C of title II of the Home17 land Security Act of 2002 is amended by adding at the 

18 end the following new section: 

19 ‘‘SEC. 226. ENHANCEMENT OF CYBERSECURITY. 

20 ‘‘The Secretary, in collaboration with the heads of 

21 other appropriate Federal Government entities, shall con22 duct activities for cybersecurity purposes, including the 

23 provision of shared situational awareness to each other to 

24 enable real-time, integrated, and operational actions to 


jbell on DSK4SPTVN1PROD with BILLS
9 

HR 3696 RFS

1 protect from, prevent, mitigate, respond to, and recover 

2 from cyber incidents.’’. 

3 (b) CLERICAL AMENDMENTS.— 

4 (1) SUBTITLE HEADING.—The heading for sub5 title C of title II of such Act is amended to read as 

6 follows: 

7 ‘‘Subtitle C—Cybersecurity and 

8 Information Sharing’’. 

9 (2) TABLE OF CONTENTS.—The table of con10 tents in section 1(b) of such Act is amended— 

11 (A) by adding after the item relating to 

12 section 225 the following new item: 

‘‘Sec. 226. Enhancement of cybersecurity.’’; 

13 and 

14 (B) by striking the item relating to subtitle 

15 C of title II and inserting the following new 

16 item: 

‘‘Subtitle C—Cybersecurity and Information Sharing’’. 

17 SEC. 103. PROTECTION OF CRITICAL INFRASTRUCTURE 

18 AND INFORMATION SHARING. 

19 (a) IN GENERAL.—Subtitle C of title II of the Home20 land Security Act of 2002, as amended by section 102, 

21 is further amended by adding at the end the following new 

22 section: 


jbell on DSK4SPTVN1PROD with BILLS
10 

HR 3696 RFS

1 ‘‘SEC. 227. PROTECTION OF CRITICAL INFRASTRUCTURE 

2 AND INFORMATION SHARING. 

3 ‘‘(a) PROTECTION OF CRITICAL INFRASTRUCTURE.— 

4 ‘‘(1) IN GENERAL.—The Secretary shall coordi5 nate, on an ongoing basis, with Federal, State, and 

6 local governments, national laboratories, critical in7 frastructure owners, critical infrastructure operators, 

8 and other cross sector coordinating entities to— 

9 ‘‘(A) facilitate a national effort to 

10 strengthen and maintain secure, functioning, 

11 and resilient critical infrastructure from cyber 

12 threats; 

13 ‘‘(B) ensure that Department policies and 

14 procedures enable critical infrastructure owners 

15 and critical infrastructure operators to receive 

16 real-time, actionable, and relevant cyber threat 

17 information; 

18 ‘‘(C) seek industry sector-specific expertise 

19 to— 

20 ‘‘(i) assist in the development of vol21 untary security and resiliency strategies; 

22 and 

23 ‘‘(ii) ensure that the allocation of Fed24 eral resources are cost effective and reduce 

25 any burden on critical infrastructure own26 ers and critical infrastructure operators; 


jbell on DSK4SPTVN1PROD with BILLS
11 

HR 3696 RFS

1 ‘‘(D) upon request of entities, facilitate 

2 and assist risk management efforts of such en3 tities to reduce vulnerabilities, identify and dis4 rupt threats, and minimize consequences to 

5 their critical infrastructure; 

6 ‘‘(E) upon request of critical infrastructure 

7 owners or critical infrastructure operators, pro8 vide education and assistance to such owners 

9 and operators on how they may use protective 

10 measures and countermeasures to strengthen 

11 the security and resilience of the Nation’s crit12 ical infrastructure; and 

13 ‘‘(F) coordinate a research and develop14 ment strategy to facilitate and promote ad15 vancements and innovation in cybersecurity 

16 technologies to protect critical infrastructure. 

17 ‘‘(2) ADDITIONAL RESPONSIBILITIES.—The 

18 Secretary shall— 

19 ‘‘(A) manage Federal efforts to secure, 

20 protect, and ensure the resiliency of Federal ci21 vilian information systems using a risk-based 

22 and performance-based approach, and, upon re23 quest of critical infrastructure owners or critical 

24 infrastructure operators, support such owners’ 

25 and operators’ efforts to secure, protect, and 


jbell on DSK4SPTVN1PROD with BILLS
12 

HR 3696 RFS

1 ensure the resiliency of critical infrastructure 

2 from cyber threats; 

3 ‘‘(B) direct an entity within the Depart4 ment to serve as a Federal civilian entity by 

5 and among Federal, State, and local govern6 ments, private entities, and critical infrastruc7 ture sectors to provide multi-directional sharing 

8 of real-time, actionable, and relevant cyber 

9 threat information; 

10 ‘‘(C) build upon existing mechanisms to 

11 promote a national awareness effort to educate 

12 the general public on the importance of secur13 ing information systems; 

14 ‘‘(D) upon request of Federal, State, and 

15 local government entities and private entities, 

16 facilitate expeditious cyber incident response 

17 and recovery assistance, and provide analysis 

18 and warnings related to threats to and 

19 vulnerabilities of critical information systems, 

20 crisis and consequence management support, 

21 and other remote or on-site technical assistance 

22 with the heads of other appropriate Federal 

23 agencies to Federal, State, and local govern24 ment entities and private entities for cyber inci25 dents affecting critical infrastructure; 


jbell on DSK4SPTVN1PROD with BILLS
13 

HR 3696 RFS

1 ‘‘(E) engage with international partners to 

2 strengthen the security and resilience of domes3 tic critical infrastructure and critical infrastruc4 ture located outside of the United States upon 

5 which the United States depends; and 

6 ‘‘(F) conduct outreach to educational insti7 tutions, including historically black colleges and 

8 universities, Hispanic serving institutions, Na9 tive American colleges, and institutions serving 

10 persons with disabilities, to encourage such in11 stitutions to promote cybersecurity awareness. 

12 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

13 this section may be construed to require any private 

14 entity to request assistance from the Secretary, or 

15 require any private entity requesting such assistance 

16 to implement any measure or recommendation sug17 gested by the Secretary. 

18 ‘‘(b) CRITICAL INFRASTRUCTURE SECTORS.—The 

19 Secretary, in collaboration with the heads of other appro20 priate Federal agencies, shall designate critical infrastruc21 ture sectors (that may include subdivisions of sectors with22 in a sector as the Secretary may determine appropriate). 

23 The critical infrastructure sectors designated under this 

24 subsection may include the following: 

25 ‘‘(1) Chemical. 


jbell on DSK4SPTVN1PROD with BILLS
14 

HR 3696 RFS

1 ‘‘(2) Commercial facilities. 

2 ‘‘(3) Communications. 

3 ‘‘(4) Critical manufacturing. 

4 ‘‘(5) Dams. 

5 ‘‘(6) Defense Industrial Base. 

6 ‘‘(7) Emergency services. 

7 ‘‘(8) Energy. 

8 ‘‘(9) Financial services. 

9 ‘‘(10) Food and agriculture. 

10 ‘‘(11) Government facilities. 

11 ‘‘(12) Healthcare and public health. 

12 ‘‘(13) Information technology. 

13 ‘‘(14) Nuclear reactors, materials, and waste. 

14 ‘‘(15) Transportation systems. 

15 ‘‘(16) Water and wastewater systems. 

16 ‘‘(17) Such other sectors as the Secretary de17 termines appropriate. 

18 ‘‘(c) SECTOR SPECIFIC AGENCIES.—The Secretary, 

19 in collaboration with the relevant critical infrastructure 

20 sector and the heads of other appropriate Federal agen21 cies, shall recognize the Federal agency designated as of 

22 November 1, 2013, as the ‘Sector Specific Agency’ for 

23 each critical infrastructure sector designated under sub24 section (b). If the designated Sector Specific Agency for 

25 a particular critical infrastructure sector is the DepartVerDate Mar 15 2010 02:51 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3696.RFS H3696

jbell on DSK4SPTVN1PROD with BILLS
15 

HR 3696 RFS

1 ment, for the purposes of this section, the Secretary shall 

2 carry out this section. The Secretary, in coordination with 

3 the heads of each such Sector Specific Agency shall— 

4 ‘‘(1) support the security and resilience activi5 ties of the relevant critical infrastructure sector in 

6 accordance with this subtitle; and 

7 ‘‘(2) provide institutional knowledge and spe8 cialized expertise to the relevant critical infrastruc9 ture sector. 

10 ‘‘(d) SECTOR COORDINATING COUNCILS.— 

11 ‘‘(1) RECOGNITION.—The Secretary, in collabo12 ration with each critical infrastructure sector and 

13 the relevant Sector Specific Agency, shall recognize 

14 and partner with the Sector Coordinating Council 

15 for each critical infrastructure sector designated 

16 under subsection (b) to coordinate with each such 

17 sector on security and resilience activities and emer18 gency response and recovery efforts. 

19 ‘‘(2) MEMBERSHIP.— 

20 ‘‘(A) IN GENERAL.—The Sector Coordi21 nating Council for a critical infrastructure sec22 tor designated under subsection (b) shall— 

23 ‘‘(i) be comprised exclusively of rel24 evant critical infrastructure owners, critical 

25 infrastructure operators, private entities, 


jbell on DSK4SPTVN1PROD with BILLS
16 

HR 3696 RFS

1 and representative trade associations for 

2 the sector; 

3 ‘‘(ii) reflect the unique composition of 

4 each sector; and 

5 ‘‘(iii) as appropriate, include relevant 

6 small, medium, and large critical infra7 structure owners, critical infrastructure op8 erators, private entities, and representative 

9 trade associations for the sector. 

10 ‘‘(B) PROHIBITION.—No government enti11 ty with regulating authority shall be a member 

12 of the Sector Coordinating Council. 

13 ‘‘(C) LIMITATION.—The Secretary shall 

14 have no role in the determination of the mem15 bership of a Sector Coordinating Council. 

16 ‘‘(3) ROLES AND RESPONSIBILITIES.—The Sec17 tor Coordinating Council for a critical infrastructure 

18 sector shall— 

19 ‘‘(A) serve as a self-governing, self-orga20 nized primary policy, planning, and strategic 

21 communications entity for coordinating with the 

22 Department, the relevant Sector-Specific Agen23 cy designated under subsection (c), and the rel24 evant Information Sharing and Analysis Cen25 ters under subsection (e) on security and resilVerDate Mar 15 2010 02:51 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3696.RFS H3696

jbell on DSK4SPTVN1PROD with BILLS
17 

HR 3696 RFS

1 ience activities and emergency response and re2 covery efforts; 

3 ‘‘(B) establish governance and operating 

4 procedures, and designate a chairperson for the 

5 sector to carry out the activities described in 

6 this subsection; 

7 ‘‘(C) coordinate with the Department, the 

8 relevant Information Sharing and Analysis Cen9 ters under subsection (e), and other Sector Co10 ordinating Councils to update, maintain, and 

11 exercise the National Cybersecurity Incident 

12 Response Plan in accordance with section 

13 229(b); and 

14 ‘‘(D) provide any recommendations to the 

15 Department on infrastructure protection tech16 nology gaps to help inform research and devel17 opment efforts at the Department. 

18 ‘‘(e) SECTOR INFORMATION SHARING AND ANALYSIS

19 CENTERS.— 

20 ‘‘(1) RECOGNITION.—The Secretary, in collabo21 ration with the relevant Sector Coordinating Council 

22 and the critical infrastructure sector represented by 

23 such Council, and in coordination with the relevant 

24 Sector Specific Agency, shall recognize at least one 

25 Information Sharing and Analysis Center for each 


jbell on DSK4SPTVN1PROD with BILLS
18 

HR 3696 RFS

1 critical infrastructure sector designated under sub2 section (b) for purposes of paragraph (3). No other 

3 Information Sharing and Analysis Organizations, in4 cluding Information Sharing and Analysis Centers, 

5 may be precluded from having an information shar6 ing relationship within the National Cybersecurity 

7 and Communications Integration Center established 

8 pursuant to section 228. Nothing in this subsection 

9 or any other provision of this subtitle may be con10 strued to limit, restrict, or condition any private en11 tity or activity utilized by, among, or between pri12 vate entities. 

13 ‘‘(2) ROLES AND RESPONSIBILITIES.—In addi14 tion to such other activities as may be authorized by 

15 law, at least one Information Sharing and Analysis 

16 Center for a critical infrastructure sector shall— 

17 ‘‘(A) serve as an information sharing re18 source for such sector and promote ongoing 

19 multi-directional sharing of real-time, relevant, 

20 and actionable cyber threat information and 

21 analysis by and among such sector, the Depart22 ment, the relevant Sector Specific Agency, and 

23 other critical infrastructure sector Information 

24 Sharing and Analysis Centers; 


jbell on DSK4SPTVN1PROD with BILLS
19 

HR 3696 RFS

1 ‘‘(B) establish governance and operating 

2 procedures to carry out the activities conducted 

3 under this subsection; 

4 ‘‘(C) serve as an emergency response and 

5 recovery operations coordination point for such 

6 sector, and upon request, facilitate cyber inci7 dent response capabilities in coordination with 

8 the Department, the relevant Sector Specific 

9 Agency and the relevant Sector Coordinating 

10 Council; 

11 ‘‘(D) facilitate cross-sector coordination 

12 and sharing of cyber threat information to pre13 vent related or consequential impacts to other 

14 critical infrastructure sectors; 

15 ‘‘(E) coordinate with the Department, the 

16 relevant Sector Coordinating Council, the rel17 evant Sector Specific Agency, and other critical 

18 infrastructure sector Information Sharing and 

19 Analysis Centers on the development, integra20 tion, and implementation of procedures to sup21 port technology neutral, real-time information 

22 sharing capabilities and mechanisms within the 

23 National Cybersecurity and Communications 

24 Integration Center established pursuant to sec25 tion 228, including— 


jbell on DSK4SPTVN1PROD with BILLS
20 

HR 3696 RFS

1 ‘‘(i) the establishment of a mechanism 

2 to voluntarily report identified 

3 vulnerabilities and opportunities for im4 provement; 

5 ‘‘(ii) the establishment of metrics to 

6 assess the effectiveness and timeliness of 

7 the Department’s and Information Sharing 

8 and Analysis Centers’ information sharing 

9 capabilities; and 

10 ‘‘(iii) the establishment of a mecha11 nism for anonymous suggestions and com12 ments; 

13 ‘‘(F) implement an integration and anal14 ysis function to inform sector planning, risk 

15 mitigation, and operational activities regarding 

16 the protection of each critical infrastructure 

17 sector from cyber incidents; 

18 ‘‘(G) combine consequence, vulnerability, 

19 and threat information to share actionable as20 sessments of critical infrastructure sector risks 

21 from cyber incidents; 

22 ‘‘(H) coordinate with the Department, the 

23 relevant Sector Specific Agency, and the rel24 evant Sector Coordinating Council to update, 

25 maintain, and exercise the National CybersecuVerDate Mar 15 2010 02:51 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H3696.RFS H3696

jbell on DSK4SPTVN1PROD with BILLS
21 

HR 3696 RFS

1 rity Incident Response Plan in accordance with 

2 section 229(b); and 

3 ‘‘(I) safeguard cyber threat information 

4 from unauthorized disclosure. 

5 ‘‘(3) FUNDING.—Of the amounts authorized to 

6 be appropriated for each of fiscal years 2014, 2015, 

7 and 2016 for the Cybersecurity and Communications 

8 Office of the Department, the Secretary is author9 ized to use not less than $25,000,000 for any such 

10 year for operations support at the National Cyberse11 curity and Communications Integration Center es12 tablished under section 228(a) of all recognized In13 formation Sharing and Analysis Centers under para14 graph (1) of this subsection. 

15 ‘‘(f) CLEARANCES.—The Secretary— 

16 ‘‘(1) shall expedite the process of security clear17 ances under Executive Order No. 13549 or successor 

18 orders for appropriate representatives of Sector Co19 ordinating Councils and the critical infrastructure 

20 sector Information Sharing and Analysis Centers; 

21 and 

22 ‘‘(2) may so expedite such processing to— 

23 ‘‘(A) appropriate personnel of critical in24 frastructure owners and critical infrastructure 

25 operators; and 


jbell on DSK4SPTVN1PROD with BILLS
22 

HR 3696 RFS

1 ‘‘(B) any other person as determined by 

2 the Secretary. 

3 ‘‘(g) PUBLIC-PRIVATE COLLABORATION.—The Sec4 retary, in collaboration with the critical infrastructure sec5 tors designated under subsection (b), such sectors’ Sector 

6 Specific Agencies recognized under subsection (c), and the 

7 Sector Coordinating Councils recognized under subsection 

8 (d), shall— 

9 ‘‘(1) conduct an analysis and review of the ex10 isting public-private partnership model and evaluate 

11 how the model between the Department and critical 

12 infrastructure owners and critical infrastructure op13 erators can be improved to ensure the Department, 

14 critical infrastructure owners, and critical infrastruc15 ture operators are equal partners and regularly col16 laborate on all programs and activities of the De17 partment to protect critical infrastructure; 

18 ‘‘(2) develop and implement procedures to en19 sure continuous, collaborative, and effective inter20 actions between the Department, critical infrastruc21 ture owners, and critical infrastructure operators; 

22 and 

23 ‘‘(3) ensure critical infrastructure sectors have 

24 a reasonable period for review and comment of all 

25 jointly produced materials with the Department. 


jbell on DSK4SPTVN1PROD with BILLS
23 

HR 3696 RFS

1 ‘‘(h) RECOMMENDATIONS REGARDING NEW AGREE2 MENTS.—Not later than 180 days after the date of the 

3 enactment of this section, the Secretary shall submit to 

4 the appropriate congressional committees recommenda5 tions on how to expedite the implementation of informa6 tion sharing agreements for cybersecurity purposes be7 tween the Secretary and critical information owners and 

8 critical infrastructure operators and other private entities. 

9 Such recommendations shall address the development and 

10 utilization of a scalable form that retains all privacy and 

11 other protections in such agreements in existence as of 

12 such date, including Cooperative and Research Develop13 ment Agreements. Such recommendations should also in14 clude any additional authorities or resources that may be 

15 needed to carry out the implementation of any such new 

16 agreements. 

17 ‘‘(i) RULE OF CONSTRUCTION.—No provision of this 

18 title may be construed as modifying, limiting, or otherwise 

19 affecting the authority of any other Federal agency under 

20 any other provision of law.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 in section 1(b) of such Act is amended by adding after 

23 the item relating to section 226 (as added by section 102) 

24 the following new item: 

‘‘Sec. 227. Protection of critical infrastructure and information sharing.’’. 


jbell on DSK4SPTVN1PROD with BILLS
24 

HR 3696 RFS

1 SEC. 104. NATIONAL CYBERSECURITY AND COMMUNICA2 TIONS INTEGRATION CENTER. 

3 (a) IN GENERAL.—Subtitle C of title II of the Home4 land Security Act of 2002, as amended by sections 102 

5 and 103, is further amended by adding at the end the 

6 following new section: 

7 ‘‘SEC. 228. NATIONAL CYBERSECURITY AND COMMUNICA8 TIONS INTEGRATION CENTER. 

9 ‘‘(a) ESTABLISHMENT.—There is established in the 

10 Department the National Cybersecurity and Communica11 tions Integration Center (referred to in this section as the 

12 ‘Center’), which shall be a Federal civilian information 

13 sharing interface that provides shared situational aware14 ness to enable real-time, integrated, and operational ac15 tions across the Federal Government, and share cyber 

16 threat information by and among Federal, State, and local 

17 government entities, Information Sharing and Analysis 

18 Centers, private entities, and critical infrastructure owners 

19 and critical infrastructure operators that have an informa20 tion sharing relationship with the Center. 

21 ‘‘(b) COMPOSITION.—The Center shall include each 

22 of the following entities: 

23 ‘‘(1) At least one Information Sharing and 

24 Analysis Center established under section 227(e) for 

25 each critical infrastructure sector. 


jbell on DSK4SPTVN1PROD with BILLS
25 

HR 3696 RFS

1 ‘‘(2) The Multi-State Information Sharing and 

2 Analysis Center to collaborate with State and local 

3 governments. 

4 ‘‘(3) The United States Computer Emergency 

5 Readiness Team to coordinate cyber threat informa6 tion sharing, proactively manage cyber risks to the 

7 United States, collaboratively respond to cyber inci8 dents, provide technical assistance to information 

9 system owners and operators, and disseminate time10 ly notifications regarding current and potential cyber 

11 threats and vulnerabilities. 

12 ‘‘(4) The Industrial Control System Cyber 

13 Emergency Response Team to coordinate with in14 dustrial control systems owners and operators and 

15 share industrial control systems-related security inci16 dents and mitigation measures. 

17 ‘‘(5) The National Coordinating Center for 

18 Telecommunications to coordinate the protection, re19 sponse, and recovery of national security emergency 

20 communications. 

21 ‘‘(6) Such other Federal, State, and local gov22 ernment entities, private entities, organizations, or 

23 individuals as the Secretary may consider appro24 priate that agree to be included. 


jbell on DSK4SPTVN1PROD with BILLS
26 

HR 3696 RFS

1 ‘‘(c) CYBER INCIDENT.—In the event of a cyber inci2 dent, the Secretary may grant the entities referred to in 

3 subsection (a) immediate temporary access to the Center 

4 as a situation may warrant. 

5 ‘‘(d) ROLES AND RESPONSIBILITIES.—The Center 

6 shall— 

7 ‘‘(1) promote ongoing multi-directional sharing 

8 by and among the entities referred to in subsection 

9 (a) of timely and actionable cyber threat information 

10 and analysis on a real-time basis that includes 

11 emerging trends, evolving threats, incident reports, 

12 intelligence information, risk assessments, and best 

13 practices; 

14 ‘‘(2) coordinate with other Federal agencies to 

15 streamline and reduce redundant reporting of cyber 

16 threat information; 

17 ‘‘(3) provide, upon request, timely technical as18 sistance and crisis management support to Federal, 

19 State, and local government entities and private en20 tities that own or operate information systems or 

21 networks of information systems to protect from, 

22 prevent, mitigate, respond to, and recover from 

23 cyber incidents; 

24 ‘‘(4) facilitate cross-sector coordination and 

25 sharing of cyber threat information to prevent reVerDate Mar 15 2010 02:51 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3696.RFS H3696

jbell on DSK4SPTVN1PROD with BILLS
27 

HR 3696 RFS

1 lated or consequential impacts to other critical infra2 structure sectors; 

3 ‘‘(5) collaborate and facilitate discussions with 

4 Sector Coordinating Councils, Information Sharing 

5 and Analysis Centers, Sector Specific Agencies, and 

6 relevant critical infrastructure sectors on the devel7 opment of prioritized Federal response efforts, if 

8 necessary, to support the defense and recovery of 

9 critical infrastructure from cyber incidents; 

10 ‘‘(6) collaborate with the Sector Coordinating 

11 Councils, Information Sharing and Analysis Centers, 

12 Sector Specific Agencies, and the relevant critical in13 frastructure sectors on the development and imple14 mentation of procedures to support technology neu15 tral real-time information sharing capabilities and 

16 mechanisms; 

17 ‘‘(7) collaborate with the Sector Coordinating 

18 Councils, Information Sharing and Analysis Centers, 

19 Sector Specific Agencies, and the relevant critical in20 frastructure sectors to identify requirements for data 

21 and information formats and accessibility, system 

22 interoperability, and redundant systems and alter23 native capabilities in the event of a disruption in the 

24 primary information sharing capabilities and mecha25 nisms at the Center; 


jbell on DSK4SPTVN1PROD with BILLS
28 

HR 3696 RFS

1 ‘‘(8) within the scope of relevant treaties, co2 operate with international partners to share infor3 mation and respond to cyber incidents; 

4 ‘‘(9) safeguard sensitive cyber threat informa5 tion from unauthorized disclosure; 

6 ‘‘(10) require other Federal civilian agencies 

7 to— 

8 ‘‘(A) send reports and information to the 

9 Center about cyber incidents, threats, and 

10 vulnerabilities affecting Federal civilian infor11 mation systems and critical infrastructure sys12 tems and, in the event a private vendor product 

13 or service of such an agency is so implicated, 

14 the Center shall first notify such private vendor 

15 of the vulnerability before further disclosing 

16 such information; 

17 ‘‘(B) provide to the Center cyber incident 

18 detection, analysis, mitigation, and response in19 formation; and 

20 ‘‘(C) immediately send and disclose to the 

21 Center cyber threat information received by 

22 such agencies; 

23 ‘‘(11) perform such other duties as the Sec24 retary may require to facilitate a national effort to 


jbell on DSK4SPTVN1PROD with BILLS
29 

HR 3696 RFS

1 strengthen and maintain secure, functioning, and re2 silient critical infrastructure from cyber threats; 

3 ‘‘(12) implement policies and procedures to— 

4 ‘‘(A) provide technical assistance to Fed5 eral civilian agencies to prevent and respond to 

6 data breaches involving unauthorized acquisi7 tion or access of personally identifiable informa8 tion that occur on Federal civilian information 

9 systems; 

10 ‘‘(B) require Federal civilian agencies to 

11 notify the Center about data breaches involving 

12 unauthorized acquisition or access of personally 

13 identifiable information that occur on Federal 

14 civilian information systems without unreason15 able delay after the discovery of such a breach; 

16 and 

17 ‘‘(C) require Federal civilian agencies to 

18 notify all potential victims of a data breach in19 volving unauthorized acquisition or access of 

20 personally identifiable information that occur on 

21 Federal civilian information systems without 

22 unreasonable delay, based on a reasonable de23 termination of the level of risk of harm and 

24 consistent with the needs of law enforcement; 

25 and 


jbell on DSK4SPTVN1PROD with BILLS
30 

HR 3696 RFS

1 ‘‘(13) participate in exercises run by the De2 partment’s National Exercise Program, where ap3 propriate. 

4 ‘‘(e) INTEGRATION AND ANALYSIS.—The Center, in 

5 coordination with the Office of Intelligence and Analysis 

6 of the Department, shall maintain an integration and 

7 analysis function, which shall — 

8 ‘‘(1) integrate and analyze all cyber threat in9 formation received from other Federal agencies, 

10 State and local governments, Information Sharing 

11 and Analysis Centers, private entities, critical infra12 structure owners, and critical infrastructure opera13 tors, and share relevant information in near real14 time; 

15 ‘‘(2) on an ongoing basis, assess and evaluate 

16 consequence, vulnerability, and threat information to 

17 share with the entities referred to in subsection (a) 

18 actionable assessments of critical infrastructure sec19 tor risks from cyber incidents and to assist critical 

20 infrastructure owners and critical infrastructure op21 erators by making recommendations to facilitate 

22 continuous improvements to the security and resil23 iency of the critical infrastructure of the United 

24 States; 


jbell on DSK4SPTVN1PROD with BILLS
31 

HR 3696 RFS

1 ‘‘(3) facilitate cross-sector integration, identi2 fication, and analysis of key interdependencies to 

3 prevent related or consequential impacts to other 

4 critical infrastructure sectors; 

5 ‘‘(4) collaborate with the Information Sharing 

6 and Analysis Centers to tailor the analysis of infor7 mation to the specific characteristics and risk to a 

8 relevant critical infrastructure sector; and 

9 ‘‘(5) assess and evaluate consequence, vulner10 ability, and threat information regarding cyber inci11 dents in coordination with the Office of Emergency 

12 Communications of the Department to help facilitate 

13 continuous improvements to the security and resil14 iency of public safety communications networks. 

15 ‘‘(f) REPORT OF CYBER ATTACKS AGAINST FEDERAL

16 GOVERNMENT NETWORKS.—The Secretary shall submit 

17 to the Committee on Homeland Security of the House of 

18 Representatives, the Committee on Homeland Security 

19 and Governmental Affairs of the Senate, and the Comp20 troller General of the United States an annual report that 

21 summarizes major cyber incidents involving Federal civil22 ian agency information systems and provides aggregate 

23 statistics on the number of breaches, the extent of any 

24 personally identifiable information that was involved, the 


jbell on DSK4SPTVN1PROD with BILLS
32 

HR 3696 RFS

1 volume of data exfiltrated, the consequential impact, and 

2 the estimated cost of remedying such breaches. 

3 ‘‘(g) REPORT ON THE OPERATIONS OF THE CEN4 TER.—The Secretary, in consultation with the Sector Co5 ordinating Councils and appropriate Federal Government 

6 entities, shall submit to the Committee on Homeland Se7 curity of the House of Representatives, the Committee on 

8 Homeland Security and Governmental Affairs of the Sen9 ate, and the Comptroller General of the United States an 

10 annual report on— 

11 ‘‘(1) the capability and capacity of the Center 

12 to carry out its cybersecurity mission in accordance 

13 with this section, and sections 226, 227, 229, 230, 

14 230A, and 230B; 

15 ‘‘(2) the extent to which the Department is en16 gaged in information sharing with each critical in17 frastructure sector designated under section 227(b), 

18 including— 

19 ‘‘(A) the extent to which each such sector 

20 has representatives at the Center; and 

21 ‘‘(B) the extent to which critical infra22 structure owners and critical infrastructure op23 erators of each critical infrastructure sector 

24 participate in information sharing at the Cen25 ter; 


jbell on DSK4SPTVN1PROD with BILLS
33 

HR 3696 RFS

1 ‘‘(3) the volume and range of activities with re2 spect to which the Secretary collaborated with the 

3 Sector Coordinating Councils and the Sector-Specific 

4 Agencies to promote greater engagement with the 

5 Center; and 

6 ‘‘(4) the volume and range of voluntary tech7 nical assistance sought and provided by the Depart8 ment to each critical infrastructure owner and crit9 ical infrastructure operator.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 in section 1(b) of such Act is amended by adding after 

12 the item relating to section 227 (as added by section 103) 

13 the following new item: 

‘‘Sec. 228. National Cybersecurity and Communications Integration Center.’’. 

14 (c) GAO REPORT.—Not later than one year after the 

15 date of the enactment of this Act, the Comptroller General 

16 of the United States shall submit to the Committee on 

17 Homeland Security of the House of Representatives and 

18 the Committee on Homeland Security and Governmental 

19 Affairs of the Senate a report on the effectiveness of the 

20 National Cybersecurity and Communications Integration 

21 Center established under section 228 of the Homeland Se22 curity Act of 2002, as added by subsection (a) of this sec23 tion, in carrying out its cybersecurity mission (as such 

24 term is defined in section 2 of the Homeland Security Act 

25 of 2002, as amended by section 101) in accordance with 


jbell on DSK4SPTVN1PROD with BILLS
34 

HR 3696 RFS

1 this Act and such section 228 and sections 226, 227, 229, 

2 230, 230A, and 230B of the Homeland Security Act of 

3 2002, as added by this Act. 

4 SEC. 105. CYBER INCIDENT RESPONSE AND TECHNICAL AS5 SISTANCE. 

6 (a) IN GENERAL.—Subtitle C of title II of the Home7 land Security Act of 2002, as amended by sections 102, 

8 103, and 104, is further amended by adding at the end 

9 the following new section: 

10 ‘‘SEC. 229. CYBER INCIDENT RESPONSE AND TECHNICAL 

11 ASSISTANCE. 

12 ‘‘(a) IN GENERAL.—The Secretary shall establish 

13 Cyber Incident Response Teams to— 

14 ‘‘(1) upon request, provide timely technical as15 sistance and crisis management support to Federal, 

16 State, and local government entities, private entities, 

17 and critical infrastructure owners and critical infra18 structure operators involving cyber incidents affect19 ing critical infrastructure; and 

20 ‘‘(2) upon request, provide actionable rec21 ommendations on security and resilience measures 

22 and countermeasures to Federal, State, and local 

23 government entities, private entities, and critical in24 frastructure owners and critical infrastructure oper25 ators prior to, during, and after cyber incidents. 


jbell on DSK4SPTVN1PROD with BILLS
35 

HR 3696 RFS

1 ‘‘(b) COORDINATION.—In carrying out subsection 

2 (a), the Secretary shall coordinate with the relevant Sector 

3 Specific Agencies, if applicable. 

4 ‘‘(c) CYBER INCIDENT RESPONSE PLAN.—The Sec5 retary, in coordination with the Sector Coordinating Coun6 cils, Information Sharing and Analysis Centers, and Fed7 eral, State, and local governments, shall develop, regularly 

8 update, maintain, and exercise a National Cybersecurity 

9 Incident Response Plan which shall— 

10 ‘‘(1) include effective emergency response plans 

11 associated with cyber threats to critical infrastruc12 ture, information systems, or networks of informa13 tion systems; 

14 ‘‘(2) ensure that such National Cybersecurity 

15 Incident Response Plan can adapt to and reflect a 

16 changing cyber threat environment, and incorporate 

17 best practices and lessons learned from regular exer18 cises, training, and after-action reports; and 

19 ‘‘(3) facilitate discussions on the best methods 

20 for developing innovative and useful cybersecurity 

21 exercises for coordinating between the Department 

22 and each of the critical infrastructure sectors des23 ignated under section 227(b). 

24 ‘‘(d) UPDATE TO CYBER INCIDENT ANNEX TO THE

25 NATIONAL RESPONSE FRAMEWORK.—The Secretary, in 


jbell on DSK4SPTVN1PROD with BILLS
36 

HR 3696 RFS

1 coordination with the heads of other Federal agencies and 

2 in accordance with the National Cybersecurity Incident 

3 Response Plan under subsection (c), shall regularly up4 date, maintain, and exercise the Cyber Incident Annex to 

5 the National Response Framework of the Department.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 in section 1(b) of such Act is amended by adding after 

8 the item relating to section 228 (as added by section 104) 

9 the following new item: 

‘‘Sec. 229. Cyber incident response and technical assistance.’’. 

10 SEC. 106. STREAMLINING OF DEPARTMENT CYBERSECU11 RITY ORGANIZATION. 

12 (a) CYBERSECURITY AND INFRASTRUCTURE PRO13 TECTION DIRECTORATE.—The National Protection and 

14 Programs Directorate of the Department of Homeland Se15 curity shall, after the date of the enactment of this Act, 

16 be known and designated as the ‘‘Cybersecurity and Infra17 structure Protection Directorate’’. Any reference to the 

18 National Protection and Programs Directorate of the De19 partment in any law, regulation, map, document, record, 

20 or other paper of the United States shall be deemed to 

21 be a reference to the Cybersecurity and Infrastructure 

22 Protection Directorate of the Department. 

23 (b) SENIOR LEADERSHIP OF THE CYBERSECURITY

24 AND INFRASTRUCTURE PROTECTION DIRECTORATE.— 


jbell on DSK4SPTVN1PROD with BILLS
37 

HR 3696 RFS

1 (1) IN GENERAL.—Paragraph (1) of section 

2 103(a) of the Homeland Security Act of 2002 (6 

3 U.S.C. 113(a)) is amended by adding at the end the 

4 following new subparagraphs: 

5 ‘‘(K) Under Secretary for Cybersecurity 

6 and Infrastructure Protection. 

7 ‘‘(L) Deputy Under Secretary for Cyberse8 curity. 

9 ‘‘(M) Deputy Under Secretary for Infra10 structure Protection.’’. 

11 (2) CONTINUATION IN OFFICE.—The individ12 uals who hold the positions referred to in subpara13 graphs (K), (L), and (M) of subsection (a) of section 

14 103 of the Homeland Security Act of 2002 (as 

15 added by paragraph (1) of this subsection) as of the 

16 date of the enactment of this Act may continue to 

17 hold such positions. 

18 (c) REPORT ON IMPROVING THE CAPABILITY AND

19 EFFECTIVENESS OF THE CYBERSECURITY AND COMMU20 NICATIONS OFFICE.—To improve the operational capa21 bility and effectiveness in carrying out the cybersecurity 

22 mission (as such term is defined in section 2 of the Home23 land Security Act of 2002, as amended by section 101) 

24 of the Department of Homeland Security, the Secretary 

25 of Homeland Security shall submit to the Committee on 


jbell on DSK4SPTVN1PROD with BILLS
38 

HR 3696 RFS

1 Homeland Security of the House of Representatives and 

2 the Committee on Homeland Security and Governmental 

3 Affairs of the Senate a report on— 

4 (1) the feasibility of making the Cybersecurity 

5 and Communications Office of the Department an 

6 operational component of the Department; 

7 (2) recommendations for restructuring the 

8 SAFETY Act Office within the Department to pro9 tect and maintain operations in accordance with the 

10 Office’s mission to provide incentives for the devel11 opment and deployment of anti-terrorism tech12 nologies while elevating the profile and mission of 

13 the Office, including the feasibility of utilizing third14 party registrars for improving the throughput and 

15 effectiveness of the certification process. 

16 (d) REPORT ON CYBERSECURITY ACQUISITION CAPA17 BILITIES.—The Secretary of Homeland Security shall as18 sess the effectiveness of the Department of Homeland Se19 curity’s acquisition processes and the use of existing au20 thorities for acquiring cybersecurity technologies to ensure 

21 that such processes and authorities are capable of meeting 

22 the needs and demands of the Department’s cybersecurity 

23 mission (as such term is defined in section 2 of the Home24 land Security Act of 2002, as amended by section 101). 

25 Not later than 180 days after the date of the enactment 


jbell on DSK4SPTVN1PROD with BILLS
39 

HR 3696 RFS

1 of this Act, the Secretary shall submit to the Committee 

2 on Homeland Security of the House of Representatives 

3 and the Committee on Homeland Security and Govern4 mental Affairs of the Senate a report on the effectiveness 

5 of the Department’s acquisition processes for cybersecu6 rity technologies. 

7 (e) RESOURCE INFORMATION.—The Secretary of 

8 Homeland Security shall make available Department of 

9 Homeland Security contact information to serve as a re10 source for Sector Coordinating Councils and critical infra11 structure owners and critical infrastructure operators to 

12 better coordinate cybersecurity efforts with the Depart13 ment relating to emergency response and recovery efforts 

14 for cyber incidents. 

15 TITLE II—PUBLIC-PRIVATE COL16 LABORATION ON CYBERSECU17 RITY 

18 SEC. 201. PUBLIC-PRIVATE COLLABORATION ON CYBERSE19 CURITY. 

20 (a) NATIONAL INSTITUTE OF STANDARDS AND

21 TECHNOLOGY.— 

22 (1) IN GENERAL.—The Director of the National 

23 Institute of Standards and Technology, in coordina24 tion with the Secretary of Homeland Security, shall, 

25 on an ongoing basis, facilitate and support the develVerDate Mar 15 2010 02:51 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3696.RFS H3696

jbell on DSK4SPTVN1PROD with BILLS
40 

HR 3696 RFS

1 opment of a voluntary, industry-led set of standards, 

2 guidelines, best practices, methodologies, procedures, 

3 and processes to reduce cyber risks to critical infra4 structure. The Director, in coordination with the 

5 Secretary— 

6 (A) shall— 

7 (i) coordinate closely and continuously 

8 with relevant private entities, critical infra9 structure owners and critical infrastructure 

10 operators, Sector Coordinating Councils, 

11 Information Sharing and Analysis Centers, 

12 and other relevant industry organizations, 

13 and incorporate industry expertise to the 

14 fullest extent possible; 

15 (ii) consult with the Sector Specific 

16 Agencies, Federal, State and local govern17 ments, the governments of other countries, 

18 and international organizations; 

19 (iii) utilize a prioritized, flexible, re20 peatable, performance-based, and cost-ef21 fective approach, including information se22 curity measures and controls, that may be 

23 voluntarily adopted by critical infrastruc24 ture owners and critical infrastructure opVerDate Mar 15 2010 02:51 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H3696.RFS H3696

jbell on DSK4SPTVN1PROD with BILLS
41 

HR 3696 RFS

1 erators to help them identify, assess, and 

2 manage cyber risks; 

3 (iv) include methodologies to— 

4 (I) identify and mitigate impacts 

5 of the cybersecurity measures or con6 trols on business confidentiality; and 

7 (II) protect individual privacy 

8 and civil liberties; 

9 (v) incorporate voluntary consensus 

10 standards and industry best practices, and 

11 align with voluntary international stand12 ards to the fullest extent possible; 

13 (vi) prevent duplication of regulatory 

14 processes and prevent conflict with or su15 perseding of regulatory requirements, man16 datory standards, and processes; and 

17 (vii) include such other similar and 

18 consistent elements as determined nec19 essary; and 

20 (B) shall not prescribe or otherwise re21 quire— 

22 (i) the use of specific solutions; 

23 (ii) the use of specific information 

24 technology products or services; or 


jbell on DSK4SPTVN1PROD with BILLS
42 

HR 3696 RFS

1 (iii) that information technology prod2 ucts or services be designed, developed, or 

3 manufactured in a particular manner. 

4 (2) LIMITATION.—Information shared with or 

5 provided to the Director of the National Institute of 

6 Standards and Technology or the Secretary of 

7 Homeland Security for the purpose of the activities 

8 under paragraph (1) may not be used by any Fed9 eral, State, or local government department or agen10 cy to regulate the activity of any private entity. 

11 (b) AMENDMENT.— 

12 (1) IN GENERAL.—Subtitle C of title II of the 

13 Homeland Security Act of 2002, as amended by sec14 tions 102, 103, 104, and 105, is further amended by 

15 adding at the end the following new section: 

16 ‘‘SEC. 230. PUBLIC-PRIVATE COLLABORATION ON CYBERSE17 CURITY. 

18 ‘‘(a) MEETINGS.—The Secretary shall meet with the 

19 Sector Coordinating Council for each critical infrastruc20 ture sector designated under section 227(b) on a biannual 

21 basis to discuss the cybersecurity threat to critical infra22 structure, voluntary activities to address cybersecurity, 

23 and ideas to improve the public-private partnership to en24 hance cybersecurity, in which the Secretary shall— 


jbell on DSK4SPTVN1PROD with BILLS
43 

HR 3696 RFS

1 ‘‘(1) provide each Sector Coordinating Council 

2 an assessment of the cybersecurity threat to each 

3 critical infrastructure sector designated under sec4 tion 227(b), including information relating to— 

5 ‘‘(A) any actual or assessed cyber threat, 

6 including a consideration of adversary capability 

7 and intent, preparedness, target attractiveness, 

8 and deterrence capabilities; 

9 ‘‘(B) the extent and likelihood of death, in10 jury, or serious adverse effects to human health 

11 and safety caused by an act of terrorism or 

12 other disruption, destruction, or unauthorized 

13 use of critical infrastructure; 

14 ‘‘(C) the threat to national security caused 

15 by an act of terrorism or other disruption, de16 struction, or unauthorized use of critical infra17 structure; and 

18 ‘‘(D) the harm to the economy that would 

19 result from an act of terrorism or other disrup20 tion, destruction, or unauthorized use of critical 

21 infrastructure; and 

22 ‘‘(2) provide recommendations, which may be 

23 voluntarily adopted, on ways to improve cybersecu24 rity of critical infrastructure. 

25 ‘‘(b) REPORT.— 


jbell on DSK4SPTVN1PROD with BILLS
44 

HR 3696 RFS

1 ‘‘(1) IN GENERAL.—Starting 30 days after the 

2 end of the fiscal year in which the National Cyberse3 curity and Critical Infrastructure Protection Act of 

4 2013 is enacted and annually thereafter, the Sec5 retary shall submit to the appropriate congressional 

6 committees a report on the state of cybersecurity for 

7 each critical infrastructure sector designated under 

8 section 227(b) based on discussions between the De9 partment and the Sector Coordinating Council in ac10 cordance with subsection (a) of this section. The 

11 Secretary shall maintain a public copy of each re12 port, and each report may include a non-public 

13 annex for proprietary, business-sensitive informa14 tion, or other sensitive information. Each report 

15 shall include, at a minimum information relating 

16 to— 

17 ‘‘(A) the risk to each critical infrastructure 

18 sector, including known cyber threats, 

19 vulnerabilities, and potential consequences; 

20 ‘‘(B) the extent and nature of any cyberse21 curity incidents during the previous year, in22 cluding the extent to which cyber incidents 

23 jeopardized or imminently jeopardized informa24 tion systems; 


jbell on DSK4SPTVN1PROD with BILLS
45 

HR 3696 RFS

1 ‘‘(C) the current status of the voluntary, 

2 industry-led set of standards, guidelines, best 

3 practices, methodologies, procedures, and proc4 esses to reduce cyber risks within each critical 

5 infrastructure sector; and 

6 ‘‘(D) the volume and range of voluntary 

7 technical assistance sought and provided by the 

8 Department to each critical infrastructure sec9 tor. 

10 ‘‘(2) SECTOR COORDINATING COUNCIL RE11 SPONSE.—Before making public and submitting 

12 each report required under paragraph (1), the Sec13 retary shall provide a draft of each report to the 

14 Sector Coordinating Council for the critical infra15 structure sector covered by each such report. The 

16 Sector Coordinating Council at issue may provide to 

17 the Secretary a written response to such report with18 in 45 days of receiving the draft. If such Sector Co19 ordinating Council provides a written response, the 

20 Secretary shall include such written response in the 

21 final version of each report required under para22 graph (1). 

23 ‘‘(c) LIMITATION.—Information shared with or pro24 vided to a Sector Coordinating Council, a critical infra25 structure sector, or the Secretary for the purpose of the 


jbell on DSK4SPTVN1PROD with BILLS
46 

HR 3696 RFS

1 activities under subsections (a) and (b) may not be used 

2 by any Federal, State, or local government department or 

3 agency to regulate the activity of any private entity.’’. 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents in section 1(b) of such Act is amended by add6 ing after the item relating to section 229 (as added 

7 by section 105) the following new item: 

‘‘Sec. 230. Public-private collaboration on cybersecurity.’’. 

8 SEC. 202. SAFETY ACT AND QUALIFYING CYBER INCIDENTS. 

9 (a) IN GENERAL.—The Support Anti-Terrorism By 

10 Fostering Effective Technologies Act of 2002 (6 U.S.C. 

11 441 et seq.) is amended— 

12 (1) in section 862(b) (6 U.S.C. 441(b))— 

13 (A) in the heading, by striking ‘‘DESIGNA14 TION OF QUALIFIED ANTI-TERRORISM TECH15 NOLOGIES’’ and inserting ‘‘DESIGNATION OF

16 ANTI-TERRORISM AND CYBERSECURITY TECH17 NOLOGIES’’; 

18 (B) in the matter preceding paragraph (1), 

19 by inserting ‘‘and cybersecurity’’ after ‘‘anti20 terrorism’’; 

21 (C) in paragraphs (3), (4), and (5), by in22 serting ‘‘or cybersecurity’’ after ‘‘anti-ter23 rorism’’ each place it appears; and 

24 (D) in paragraph (7)— 


jbell on DSK4SPTVN1PROD with BILLS
47 

HR 3696 RFS

1 (i) by inserting ‘‘or cybersecurity tech2 nology’’ after ‘‘Anti-terrorism technology’’; 

3 and 

4 (ii) by inserting ‘‘or qualifying cyber 

5 incidents’’ after ‘‘acts of terrorism’’; 

6 (2) in section 863 (6 U.S.C. 442)— 

7 (A) by inserting ‘‘or cybersecurity’’ after 

8 ‘‘anti-terrorism’’ each place it appears; 

9 (B) by inserting ‘‘or qualifying cyber inci10 dent’’ after ‘‘act of terrorism’’ each place it ap11 pears; and 

12 (C) by inserting ‘‘or qualifying cyber inci13 dents’’ after ‘‘acts of terrorism’’ each place it 

14 appears; 

15 (3) in section 864 (6 U.S.C. 443)— 

16 (A) by inserting ‘‘or cybersecurity’’ after 

17 ‘‘anti-terrorism’’ each place it appears; and 

18 (B) by inserting ‘‘or qualifying cyber inci19 dent’’ after ‘‘act of terrorism’’ each place it ap20 pears; and 

21 (4) in section 865 (6 U.S.C. 444)— 

22 (A) in paragraph (1)— 

23 (i) in the heading, by inserting ‘‘OR

24 CYBERSECURITY’’ after ‘‘ANTI-TER25 RORISM’’; 


jbell on DSK4SPTVN1PROD with BILLS
48 

HR 3696 RFS

1 (ii) by inserting ‘‘or cybersecurity’’ 

2 after ‘‘anti-terrorism’’; 

3 (iii) by inserting ‘‘or qualifying cyber 

4 incidents’’ after ‘‘acts of terrorism’’; and 

5 (iv) by inserting ‘‘or incidents’’ after 

6 ‘‘such acts’’; and 

7 (B) by adding at the end the following new 

8 paragraph: 

9 ‘‘(7) QUALIFYING CYBER INCIDENT.— 

10 ‘‘(A) IN GENERAL.—The term ‘qualifying 

11 cyber incident’ means any act that the Sec12 retary determines meets the requirements under 

13 subparagraph (B), as such requirements are 

14 further defined and specified by the Secretary. 

15 ‘‘(B) REQUIREMENTS.—A qualifying cyber 

16 incident meets the requirements of this sub17 paragraph if— 

18 ‘‘(i) the incident is unlawful or other19 wise exceeds authorized access authority; 

20 ‘‘(ii) the incident disrupts or immi21 nently jeopardizes the integrity, operation, 

22 confidentiality, or availability of program23 mable electronic devices, communication 

24 networks, including hardware, software 

25 and data that are essential to their reliable 


jbell on DSK4SPTVN1PROD with BILLS
49 

HR 3696 RFS

1 operation, electronic storage devices, or 

2 any other information system, or the infor3 mation that system controls, processes, 

4 stores, or transmits; 

5 ‘‘(iii) the perpetrator of the incident 

6 gains access to an information system or a 

7 network of information systems resulting 

8 in— 

9 ‘‘(I) misappropriation or theft of 

10 data, assets, information, or intellec11 tual property; 

12 ‘‘(II) corruption of data, assets, 

13 information, or intellectual property; 

14 ‘‘(III) operational disruption; or 

15 ‘‘(IV) an adverse effect on such 

16 system or network, or the data, as17 sets, information, or intellectual prop18 erty contained therein; and 

19 ‘‘(iv) the incident causes harm inside 

20 or outside the United States that results in 

21 material levels of damage, disruption, or 

22 casualties severely affecting the United 

23 States population, infrastructure, economy, 

24 or national morale, or Federal, State, local, 

25 or tribal government functions. 


jbell on DSK4SPTVN1PROD with BILLS
50 

HR 3696 RFS

1 ‘‘(C) RULE OF CONSTRUCTION.—For pur2 poses of clause (iv) of subparagraph (B), the 

3 term ‘severely’ includes any qualifying cyber in4 cident, whether at a local, regional, state, na5 tional, international, or tribal level, that af6 fects— 

7 ‘‘(i) the United States population, in8 frastructure, economy, or national morale, 

9 or 

10 ‘‘(ii) Federal, State, local, or tribal 

11 government functions.’’. 

12 (b) FUNDING.—Of the amounts authorized to be ap13 propriated for each of fiscal years 2014, 2015, and 2016 

14 for the Department of Homeland Security, the Secretary 

15 of Homeland Security is authorized to use not less than 

16 $20,000,000 for any such year for the Department’s 

17 SAFETY Act Office. 

18 SEC. 203. PROHIBITION ON NEW REGULATORY AUTHORITY. 

19 This Act and the amendments made by this Act (ex20 cept that this section shall not apply in the case of section 

21 202 of this Act and the amendments made by such section 

22 202) do not— 

23 (1) create or authorize the issuance of any new 

24 regulations or additional Federal Government regu25 latory authority; or 


jbell on DSK4SPTVN1PROD with BILLS
51 

HR 3696 RFS

1 (2) permit regulatory actions that would dupli2 cate, conflict with, or supercede regulatory require3 ments, mandatory standards, or related processes. 

4 SEC. 204. PROHIBITION ON ADDITIONAL AUTHORIZATION 

5 OF APPROPRIATIONS. 

6 No additional funds are authorized to be appro7 priated to carry out this Act and the amendments made 

8 by this Act. This Act and such amendments shall be car9 ried out using amounts otherwise available for such pur10 poses. 

11 SEC. 205. PROHIBITION ON COLLECTION ACTIVITIES TO 

12 TRACK INDIVIDUALS’ PERSONALLY IDENTIFI13 ABLE INFORMATION. 

14 Nothing in this Act shall permit the Department of 

15 Homeland Security to engage in the monitoring, surveil16 lance, exfiltration, or other collection activities for the pur17 pose of tracking an individual’s personally identifiable in18 formation. 

19 SEC. 206. CYBERSECURITY SCHOLARS. 

20 The Secretary of Homeland Security shall determine 

21 the feasibility and potential benefit of developing a visiting 

22 security researchers program from academia, including cy23 bersecurity scholars at the Department of Homeland Se24 curity’s Centers of Excellence, as designated by the Sec25 retary, to enhance knowledge with respect to the unique 


jbell on DSK4SPTVN1PROD with BILLS
52 

HR 3696 RFS

1 challenges of addressing cyber threats to critical infra2 structure. Eligible candidates shall possess necessary secu3 rity clearances and have a history of working with Federal 

4 agencies in matters of national or domestic security. 

5 SEC. 207. NATIONAL RESEARCH COUNCIL STUDY ON THE 

6 RESILIENCE AND RELIABILITY OF THE NA7 TION’S POWER GRID. 

8 (a) INDEPENDENT STUDY.—Not later than 60 days 

9 after the date of the enactment of this Act, the Secretary 

10 of Homeland Security, in coordination with the heads of 

11 other departments and agencies, as necessary, shall enter 

12 into an agreement with the National Research Council to 

13 conduct research of the future resilience and reliability of 

14 the Nation’s electric power transmission and distribution 

15 system. The research under this subsection shall be known 

16 as the ‘‘Saving More American Resources Today Study’’ 

17 or the ‘‘SMART Study’’. In conducting such research, the 

18 National Research Council shall— 

19 (1) research the options for improving the Na20 tion’s ability to expand and strengthen the capabili21 ties of the Nation’s power grid, including estimation 

22 of the cost, time scale for implementation, and iden23 tification of the scale and scope of any potential sig24 nificant health and environmental impacts; 


jbell on DSK4SPTVN1PROD with BILLS
53 

HR 3696 RFS

1 (2) consider the forces affecting the grid, in2 cluding technical, economic, regulatory, environ3 mental, and geopolitical factors, and how such forces 

4 are likely to affect— 

5 (A) the efficiency, control, reliability and 

6 robustness of operation; 

7 (B) the ability of the grid to recover from 

8 disruptions, including natural disasters and ter9 rorist attacks; 

10 (C) the ability of the grid to incorporate 

11 greater reliance on distributed and intermittent 

12 power generation and electricity storage; 

13 (D) the ability of the grid to adapt to 

14 changing patterns of demand for electricity; and 

15 (E) the economic and regulatory factors 

16 affecting the evolution of the grid; 

17 (3) review Federal, State, industry, and aca18 demic research and development programs and iden19 tify technological options that could improve the fu20 ture grid; 

21 (4) review studies and analyses prepared by the 

22 North American Electric Reliability Corporation 

23 (NERC) regarding the future resilience and reli24 ability of the grid; 


jbell on DSK4SPTVN1PROD with BILLS
54 

HR 3696 RFS

1 (5) review the implications of increased reliance 

2 on digital information and control of the power grid 

3 for improving reliability, resilience, and congestion 

4 and for potentially increasing vulnerability to cyber 

5 attack; 

6 (6) review regulatory, industry, and institu7 tional factors and programs affecting the future of 

8 the grid; 

9 (7) research the costs and benefits, as well as 

10 the strengths and weaknesses, of the options identi11 fied under paragraph (1) to address the emerging 

12 forces described in paragraph (2) that are shaping 

13 the grid; 

14 (8) identify the barriers to realizing the options 

15 identified and suggest strategies for overcoming 

16 those barriers including suggested actions, priorities, 

17 incentives, and possible legislative and executive ac18 tions; and 

19 (9) research the ability of the grid to integrate 

20 existing and future infrastructure, including utilities, 

21 telecommunications lines, highways, and other crit22 ical infrastructure. 

23 (b) COOPERATION AND ACCESS TO INFORMATION

24 AND PERSONNEL.—The Secretary shall ensure that the 

25 National Research Council receives full and timely coVerDate Mar 15 2010 02:51 Jul 30, 2014 Jkt 039200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H3696.RFS H3696

jbell on DSK4SPTVN1PROD with BILLS
55 

HR 3696 RFS

1 operation, including full access to information and per2 sonnel, from the Department of Homeland Security, the 

3 Department of Energy, including the management and op4 erating components of the Departments, and other Fed5 eral departments and agencies, as necessary, for the pur6 poses of conducting the study described in subsection (a). 

7 (c) REPORT.— 

8 (1) IN GENERAL.—Not later than 18 months 

9 from the date on which the Secretary enters into the 

10 agreement with the National Research Council de11 scribed in subsection (a), the National Research 

12 Council shall submit to the Secretary and the Com13 mittee on Homeland Security and the Committee on 

14 Energy and Commerce of the House of Representa15 tives and the Committee on Homeland Security and 

16 Governmental Affairs and the Committee on Energy 

17 and Natural Resources of the Senate a report con18 taining the findings of the research required by that 

19 subsection. 

20 (2) FORM OF REPORT.—The report under para21 graph (1) shall be submitted in unclassified form, 

22 but may include a classified annex. 

23 (d) FUNDING.—Of the amounts authorized to be ap24 propriated for 2014 for the Department of Homeland Se25 curity, the Secretary of Homeland Security is authorized 


jbell on DSK4SPTVN1PROD with BILLS
56 

HR 3696 RFS

1 to obligate and expend not more than $2,000,000 for the 

2 National Research Council report. 

3 TITLE III—HOMELAND SECU4 RITY CYBERSECURITY WORK5 FORCE 

6 SEC. 301. HOMELAND SECURITY CYBERSECURITY WORK7 FORCE. 

8 (a) IN GENERAL.—Subtitle C of title II of the Home9 land Security Act of 2002, as amended by sections 101, 

10 102, 103, 104, 105, and 201, is further amended by add11 ing at the end the following new section: 

12 ‘‘SEC. 230A. CYBERSECURITY OCCUPATION CATEGORIES, 

13 WORKFORCE ASSESSMENT, AND STRATEGY. 

14 ‘‘(a) SHORT TITLE.—This section may be cited as the 

15 ‘Homeland Security Cybersecurity Boots-on-the-Ground 

16 Act’. 

17 ‘‘(b) CYBERSECURITY OCCUPATION CATEGORIES.— 

18 ‘‘(1) IN GENERAL.—Not later than 90 days 

19 after the date of the enactment of this section, the 

20 Secretary shall develop and issue comprehensive oc21 cupation categories for individuals performing activi22 ties in furtherance of the cybersecurity mission of 

23 the Department. 

24 ‘‘(2) APPLICABILITY.—The Secretary shall en25 sure that the comprehensive occupation categories 


jbell on DSK4SPTVN1PROD with BILLS
57 

HR 3696 RFS

1 issued under paragraph (1) are used throughout the 

2 Department and are made available to other Federal 

3 agencies. 

4 ‘‘(c) CYBERSECURITY WORKFORCE ASSESSMENT.— 

5 ‘‘(1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this section and 

7 annually thereafter, the Secretary shall assess the 

8 readiness and capacity of the workforce of the De9 partment to meet its cybersecurity mission. 

10 ‘‘(2) CONTENTS.—The assessment required 

11 under paragraph (1) shall, at a minimum, include 

12 the following: 

13 ‘‘(A) Information where cybersecurity posi14 tions are located within the Department, speci15 fied in accordance with the cybersecurity occu16 pation categories issued under subsection (b). 

17 ‘‘(B) Information on which cybersecurity 

18 positions are— 

19 ‘‘(i) performed by— 

20 ‘‘(I) permanent full time depart21 mental employees, together with de22 mographic information about such 

23 employees’ race, ethnicity, gender, dis24 ability status, and veterans status; 


jbell on DSK4SPTVN1PROD with BILLS
58 

HR 3696 RFS

1 ‘‘(II) individuals employed by 

2 independent contractors; and 

3 ‘‘(III) individuals employed by 

4 other Federal agencies, including the 

5 National Security Agency; and 

6 ‘‘(ii) vacant. 

7 ‘‘(C) The number of individuals hired by 

8 the Department pursuant to the authority 

9 granted to the Secretary in 2009 to permit the 

10 Secretary to fill 1,000 cybersecurity positions 

11 across the Department over a three year period, 

12 and information on what challenges, if any, 

13 were encountered with respect to the implemen14 tation of such authority. 

15 ‘‘(D) Information on vacancies within the 

16 Department’s cybersecurity supervisory work17 force, from first line supervisory positions 

18 through senior departmental cybersecurity posi19 tions. 

20 ‘‘(E) Information on the percentage of in21 dividuals within each cybersecurity occupation 

22 category who received essential training to per23 form their jobs, and in cases in which such 

24 training is not received, information on what 


jbell on DSK4SPTVN1PROD with BILLS
59 

HR 3696 RFS

1 challenges, if any, were encountered with re2 spect to the provision of such training. 

3 ‘‘(F) Information on recruiting costs in4 curred with respect to efforts to fill cybersecu5 rity positions across the Department in a man6 ner that allows for tracking of overall recruiting 

7 and identifying areas for better coordination 

8 and leveraging of resources within the Depart9 ment. 

10 ‘‘(d) WORKFORCE STRATEGY.— 

11 ‘‘(1) IN GENERAL.—Not later than 180 days 

12 after the date of the enactment of this section, the 

13 Secretary shall develop, maintain, and, as necessary, 

14 update, a comprehensive workforce strategy that en15 hances the readiness, capacity, training, recruitment, 

16 and retention of the cybersecurity workforce of the 

17 Department. 

18 ‘‘(2) CONTENTS.—The comprehensive work19 force strategy developed under paragraph (1) shall 

20 include— 

21 ‘‘(A) a multiphased recruitment plan, in22 cluding relating to experienced professionals, 

23 members of disadvantaged or underserved com24 munities, the unemployed, and veterans; 

25 ‘‘(B) a 5-year implementation plan; 


jbell on DSK4SPTVN1PROD with BILLS
60 

HR 3696 RFS

1 ‘‘(C) a 10-year projection of the Depart2 ment’s cybersecurity workforce needs; and 

3 ‘‘(D) obstacles impeding the hiring and de4 velopment of a cybersecurity workforce at the 

5 Department. 

6 ‘‘(e) INFORMATION SECURITY TRAINING.—Not later 

7 than 270 days after the date of the enactment of this sec8 tion, the Secretary shall establish and maintain a process 

9 to verify on an ongoing basis that individuals employed 

10 by independent contractors who serve in cybersecurity po11 sitions at the Department receive initial and recurrent in12 formation security training comprised of general security 

13 awareness training necessary to perform their job func14 tions, and role-based security training that is commensu15 rate with assigned responsibilities. The Secretary shall 

16 maintain documentation to ensure that training provided 

17 to an individual under this subsection meets or exceeds 

18 requirements for such individual’s job function. 

19 ‘‘(f) UPDATES.—The Secretary shall submit to the 

20 appropriate congressional committees annual updates re21 garding the cybersecurity workforce assessment required 

22 under subsection (c), information on the progress of car23 rying out the comprehensive workforce strategy developed 

24 under subsection (d), and information on the status of the 


jbell on DSK4SPTVN1PROD with BILLS
61 

HR 3696 RFS

1 implementation of the information security training re2 quired under subsection (e). 

3 ‘‘(g) GAO STUDY.—The Secretary shall provide the 

4 Comptroller General of the United States with information 

5 on the cybersecurity workforce assessment required under 

6 subsection (c) and progress on carrying out the com7 prehensive workforce strategy developed under subsection 

8 (d). The Comptroller General shall submit to the Sec9 retary and the appropriate congressional committees a 

10 study on such assessment and strategy. 

11 ‘‘(h) CYBERSECURITY FELLOWSHIP PROGRAM.—Not 

12 later than 120 days after the date of the enactment of 

13 this section, the Secretary shall submit to the appropriate 

14 congressional committees a report on the feasibility of es15 tablishing a Cybersecurity Fellowship Program to offer a 

16 tuition payment plan for undergraduate and doctoral can17 didates who agree to work for the Department for an 

18 agreed-upon period of time.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 in section 1(b) of such Act is amended by adding after 

21 the item relating to section 230 (as added by section 201) 

22 the following new item: 

‘‘Sec. 230A. Cybersecurity occupation categories, workforce assessment, and 

strategy.’’. 


jbell on DSK4SPTVN1PROD with BILLS
62 

HR 3696 RFS

1 SEC. 302. PERSONNEL AUTHORITIES. 

2 (a) IN GENERAL.—Subtitle C of title II of the Home3 land Security Act of 2002, as amended by sections 101, 

4 102, 103, 104, 105, 106, 201, and 301 is further amended 

5 by adding at the end the following new section: 

6 ‘‘SEC. 230B. PERSONNEL AUTHORITIES. 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) PERSONNEL AUTHORITIES.—The Sec9 retary may exercise with respect to qualified employ10 ees of the Department the same authority that the 

11 Secretary of Defense has with respect to civilian in12 telligence personnel and the scholarship program 

13 under sections 1601, 1602, 1603, and 2200a of title 

14 10, United States Code, to establish as positions in 

15 the excepted service, appoint individuals to such po16 sitions, fix pay, and pay a retention bonus to any 

17 employee appointed under this section if the Sec18 retary determines that such is needed to retain es19 sential personnel. Before announcing the payment of 

20 a bonus under this paragraph, the Secretary shall 

21 submit to the Committee on Homeland Security of 

22 the House of Representatives and the Committee on 

23 Homeland Security and Governmental Affairs of the 

24 Senate a written explanation of such determination. 

25 Such authority shall be exercised— 


jbell on DSK4SPTVN1PROD with BILLS
63 

HR 3696 RFS

1 ‘‘(A) to the same extent and subject to the 

2 same conditions and limitations that the Sec3 retary of Defense may exercise such authority 

4 with respect to civilian intelligence personnel of 

5 the Department of Defense; and 

6 ‘‘(B) in a manner consistent with the merit 

7 system principles set forth in section 2301 of 

8 title 5, United States Code. 

9 ‘‘(2) CIVIL SERVICE PROTECTIONS.—Sections 

10 1221 and 2302, and chapter 75 of title 5, United 

11 States Code, shall apply to the positions established 

12 pursuant to the authorities provided under para13 graph (1). 

14 ‘‘(3) PLAN FOR EXECUTION OF AUTHORI15 TIES.—Not later than 120 days after the date of the 

16 enactment of this section, the Secretary shall submit 

17 to the Committee on Homeland Security of the 

18 House of Representatives and the Committee on 

19 Homeland Security and Governmental Affairs of the 

20 Senate a report that contains a plan for the use of 

21 the authorities provided under this subsection. 

22 ‘‘(b) ANNUAL REPORT.—Not later than one year 

23 after the date of the enactment of this section and annu24 ally thereafter for four years, the Secretary shall submit 

25 to the Committee on Homeland Security of the House of 


jbell on DSK4SPTVN1PROD with BILLS
64 

HR 3696 RFS

1 Representatives and the Committee on Homeland Security 

2 and Governmental Affairs of the Senate a detailed report 

3 (including appropriate metrics on actions occurring during 

4 the reporting period) that discusses the processes used by 

5 the Secretary in implementing this section and accepting 

6 applications, assessing candidates, ensuring adherence to 

7 veterans’ preference, and selecting applicants for vacancies 

8 to be filled by a qualified employee. 

9 ‘‘(c) DEFINITION OF QUALIFIED EMPLOYEE.—In 

10 this section, the term ‘qualified employee’ means an em11 ployee who performs functions relating to the security of 

12 Federal civilian information systems, critical infrastruc13 ture information systems, or networks of either of such 

14 systems.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 in section 1(b) of such Act is amended by adding after 

17 the item relating to section 230A (as added by section 

18 301) the following new item: 

‘‘Sec. 230B. Personnel authorities.’’. 

Passed the House of Representatives July 28, 2014. 

Attest: KAREN L. HAAS, 

Clerk. 


jbell on DSK4SPTVN1PROD with BILLS