II 

111TH CONGRESS 

2D SESSION S. 3480 

To amend the Homeland Security Act of 2002 and other laws to enhance 

the security and resiliency of the cyber and communications infrastructure of the United States. 

IN THE SENATE OF THE UNITED STATES 

JUNE 10, 2010 

Mr. LIEBERMAN (for himself, Ms. COLLINS, and Mr. CARPER) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To amend the Homeland Security Act of 2002 and other 

laws to enhance the security and resiliency of the cyber 

and communications infrastructure of the United States. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Cyberspace 

5 as a National Asset Act of 2010’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 


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TITLE I—OFFICE OF CYBERSPACE POLICY 

Sec. 101. Establishment of the Office of Cyberspace Policy. 

Sec. 102. Appointment and responsibilities of the Director. 

Sec. 103. Prohibition on political campaigning. 

Sec. 104. Review of Federal agency budget requests relating to the National 

Strategy. 

Sec. 105. Access to intelligence. 

Sec. 106. Consultation. 

Sec. 107. Reports to Congress. 

TITLE II—NATIONAL CENTER FOR CYBERSECURITY AND 

COMMUNICATIONS 

Sec. 201. Cybersecurity. 

TITLE III—FEDERAL INFORMATION SECURITY MANAGEMENT 

Sec. 301. Coordination of Federal information policy. 

TITLE IV—RECRUITMENT AND PROFESSIONAL DEVELOPMENT 

Sec. 401. Definitions. 

Sec. 402. Assessment of cybersecurity workforce. 

Sec. 403. Strategic cybersecurity workforce planning. 

Sec. 404. Cybersecurity occupation classifications. 

Sec. 405. Measures of cybersecurity hiring effectiveness. 

Sec. 406. Training and education. 

Sec. 407. Cybersecurity incentives. 

Sec. 408. Recruitment and retention program for the National Center for Cybersecurity and Communications. 

TITLE V—OTHER PROVISIONS 

Sec. 501. Consultation on cybersecurity matters. 

Sec. 502. Cybersecurity research and development. 

Sec. 503. Prioritized critical information infrastructure. 

Sec. 504. National Center for Cybersecurity and Communications acquisition 

authorities. 

Sec. 505. Technical and conforming amendments. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means— 

6 (A) the Committee on Homeland Security 

7 and Governmental Affairs of the Senate; 


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1 (B) the Committee on Homeland Security 

2 of the House of Representatives; 

3 (C) the Committee on Oversight and Gov4 ernment Reform of the House of Representa5 tives; and 

6 (D) any other congressional committee 

7 with jurisdiction over the particular matter. 

8 (2) CRITICAL INFRASTRUCTURE.—The term 

9 ‘‘critical infrastructure’’ has the meaning given that 

10 term in section 1016(e) of the USA PATRIOT Act 

11 (42 U.S.C. 5195c(e)). 

12 (3) CYBERSPACE.—The term ‘‘cyberspace’’ 

13 means the interdependent network of information in14 frastructure, and includes the Internet, tele15 communications networks, computer systems, and 

16 embedded processors and controllers in critical in17 dustries. 

18 (4) DIRECTOR.—The term ‘‘Director’’ means 

19 the Director of Cyberspace Policy established under 

20 section 101. 

21 (5) FEDERAL AGENCY.—The term ‘‘Federal 

22 agency’’— 

23 (A) means any executive department, Gov24 ernment corporation, Government controlled 

25 corporation, or other establishment in the execVerDate Mar 15 2010 03:25 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3480.IS S3480

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1 utive branch of the Government (including the 

2 Executive Office of the President), or any inde3 pendent regulatory agency; and 

4 (B) does not include the governments of 

5 the District of Columbia and of the territories 

6 and possessions of the United States and their 

7 various subdivisions. 

8 (6) FEDERAL INFORMATION INFRASTRUC9 TURE.—The term ‘‘Federal information infrastruc10 ture’’— 

11 (A) means information infrastructure that 

12 is owned, operated, controlled, or licensed for 

13 use by, or on behalf of, any Federal agency, in14 cluding information systems used or operated 

15 by another entity on behalf of a Federal agency; 

16 and 

17 (B) does not include— 

18 (i) a national security system; or 

19 (ii) information infrastructure that is 

20 owned, operated, controlled, or licensed for 

21 use by, or on behalf of, the Department of 

22 Defense, a military department, or another 

23 element of the intelligence community. 

24 (7) INCIDENT.—The term ‘‘incident’’ means an 

25 occurrence that— 


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1 (A) actually or potentially jeopardizes— 

2 (i) the information security of infor3 mation infrastructure; or 

4 (ii) the information that information 

5 infrastructure processes, stores, receives, 

6 or transmits; or 

7 (B) constitutes a violation or threat of vio8 lation of security policies, security procedures, 

9 or acceptable use policies applicable to informa10 tion infrastructure. 

11 (8) INFORMATION INFRASTRUCTURE.—The 

12 term ‘‘information infrastructure’’ means the under13 lying framework that information systems and assets 

14 rely on to process, transmit, receive, or store infor15 mation electronically, including programmable elec16 tronic devices and communications networks and any 

17 associated hardware, software, or data. 

18 (9) INFORMATION SECURITY.—The term ‘‘infor19 mation security’’ means protecting information and 

20 information systems from disruption or unauthorized 

21 access, use, disclosure, modification, or destruction 

22 in order to provide— 

23 (A) integrity, by guarding against im24 proper information modification or destruction, 


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1 including by ensuring information nonrepudi2 ation and authenticity; 

3 (B) confidentiality, by preserving author4 ized restrictions on access and disclosure, in5 cluding means for protecting personal privacy 

6 and proprietary information; and 

7 (C) availability, by ensuring timely and re8 liable access to and use of information. 

9 (10) INFORMATION TECHNOLOGY.—The term 

10 ‘‘information technology’’ has the meaning given 

11 that term in section 11101 of title 40, United States 

12 Code. 

13 (11) INTELLIGENCE COMMUNITY.—The term 

14 ‘‘intelligence community’’ has the meaning given 

15 that term under section 3(4) of the National Secu16 rity Act of 1947 (50 U.S.C. 401a(4)). 

17 (12) KEY RESOURCES.—The term ‘‘key re18 sources’’ has the meaning given that term in section 

19 2 of the Homeland Security Act of 2002 (6 U.S.C. 

20 101). 

21 (13) NATIONAL CENTER FOR CYBERSECURITY

22 AND COMMUNICATIONS.—The term ‘‘National Cen23 ter for Cybersecurity and Communications’’ means 

24 the National Center for Cybersecurity and Commu25 nications established under section 242(a) of the 


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1 Homeland Security Act of 2002, as added by this 

2 Act. 

3 (14) NATIONAL INFORMATION INFRASTRUC4 TURE.—The term ‘‘national information infrastruc5 ture’’ means information infrastructure— 

6 (A)(i) that is owned, operated, or con7 trolled within or from the United States; or 

8 (ii) if located outside the United States, 

9 the disruption of which could result in national 

10 or regional catastrophic damage in the United 

11 States; and 

12 (B) that is not owned, operated, controlled, 

13 or licensed for use by a Federal agency. 

14 (15) NATIONAL SECURITY SYSTEM.—The term 

15 ‘‘national security system’’ has the meaning given 

16 that term in section 3551 of title 44, United States 

17 Code, as added by this Act. 

18 (16) NATIONAL STRATEGY.—The term ‘‘Na19 tional Strategy’’ means the national strategy to in20 crease the security and resiliency of cyberspace de21 veloped under section 101(a)(1). 

22 (17) OFFICE.—The term ‘‘Office’’ means the 

23 Office of Cyberspace Policy established under section 

24 101. 


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1 (18) RISK.—The term ‘‘risk’’ means the poten2 tial for an unwanted outcome resulting from an inci3 dent, as determined by the likelihood of the occur4 rence of the incident and the associated con5 sequences, including potential for an adverse out6 come assessed as a function of threats, 

7 vulnerabilities, and consequences associated with an 

8 incident. 

9 (19) RISK-BASED SECURITY.—The term ‘‘risk10 based security’’ has the meaning given that term in 

11 section 3551 of title 44, United States Code, as 

12 added by this Act. 

13 TITLE I—OFFICE OF 

14 CYBERSPACE POLICY 

15 SEC. 101. ESTABLISHMENT OF THE OFFICE OF CYBER16 SPACE POLICY. 

17 (a) ESTABLISHMENT OF OFFICE.—There is estab18 lished in the Executive Office of the President an Office 

19 of Cyberspace Policy which shall— 

20 (1) develop, not later than 1 year after the date 

21 of enactment of this Act, and update as needed, but 

22 not less frequently than once every 2 years, a na23 tional strategy to increase the security and resiliency 

24 of cyberspace, that includes goals and objectives re25 lating to— 


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1 (A) computer network operations, includ2 ing offensive activities, defensive activities, and 

3 other activities; 

4 (B) information assurance; 

5 (C) protection of critical infrastructure and 

6 key resources; 

7 (D) research and development priorities; 

8 (E) law enforcement; 

9 (F) diplomacy; 

10 (G) homeland security; and 

11 (H) military and intelligence activities; 

12 (2) oversee, coordinate, and integrate all poli13 cies and activities of the Federal Government across 

14 all instruments of national power relating to ensur15 ing the security and resiliency of cyberspace, includ16 ing— 

17 (A) diplomatic, economic, military, intel18 ligence, homeland security, and law enforcement 

19 policies and activities within and among Federal 

20 agencies; and 

21 (B) offensive activities, defensive activities, 

22 and other policies and activities necessary to en23 sure effective capabilities to operate in cyber24 space; 


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1 (3) ensure that all Federal agencies comply 

2 with appropriate guidelines, policies, and directives 

3 from the Department of Homeland Security, other 

4 Federal agencies with responsibilities relating to 

5 cyberspace security or resiliency, and the National 

6 Center for Cybersecurity and Communications; and 

7 (4) ensure that Federal agencies have access to, 

8 receive, and appropriately disseminate law enforce9 ment information, intelligence information, terrorism 

10 information, and any other information (including 

11 information relating to incidents provided under sub12 sections (a)(4) and (c) of section 246 of the Home13 land Security Act of 2002, as added by this Act) rel14 evant to— 

15 (A) the security of the Federal information 

16 infrastructure or the national information infra17 structure; and 

18 (B) the security of— 

19 (i) information infrastructure that is 

20 owned, operated, controlled, or licensed for 

21 use by, or on behalf of, the Department of 

22 Defense, a military department, or another 

23 element of the intelligence community; or 

24 (ii) a national security system. 

25 (b) DIRECTOR OF CYBERSPACE POLICY.— 


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1 (1) IN GENERAL.—There shall be a Director of 

2 Cyberspace Policy, who shall be the head of the Of3 fice. 

4 (2) EXECUTIVE SCHEDULE POSITION.—Section 

5 5312 of title 5, United States Code, is amended by 

6 adding at the end the following: 

7 ‘‘Director of Cyberspace Policy.’’. 

8 SEC. 102. APPOINTMENT AND RESPONSIBILITIES OF THE 

9 DIRECTOR. 

10 (a) APPOINTMENT.— 

11 (1) IN GENERAL.—The Director shall be ap12 pointed by the President, by and with the advice and 

13 consent of the Senate. 

14 (2) QUALIFICATIONS.—The President shall ap15 point the Director from among individuals who have 

16 demonstrated ability and knowledge in information 

17 technology, cybersecurity, and the operations, secu18 rity, and resiliency of communications networks. 

19 (3) PROHIBITION.—No person shall serve as 

20 Director while serving in any other position in the 

21 Federal Government. 

22 (b) RESPONSIBILITIES.—The Director shall— 

23 (1) advise the President regarding the estab24 lishment of policies, goals, objectives, and priorities 


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1 for securing the information infrastructure of the 

2 Nation; 

3 (2) advise the President and other entities with4 in the Executive Office of the President regarding 

5 mechanisms to build, and improve the resiliency and 

6 efficiency of, the information and communication in7 dustry of the Nation, in collaboration with the pri8 vate sector, while promoting national economic inter9 ests; 

10 (3) work with Federal agencies to— 

11 (A) oversee, coordinate, and integrate the 

12 implementation of the National Strategy, in13 cluding coordination with— 

14 (i) the Department of Homeland Se15 curity; 

16 (ii) the Department of Defense; 

17 (iii) the Department of Commerce; 

18 (iv) the Department of State; 

19 (v) the Department of Justice; 

20 (vi) the Department of Energy; 

21 (vii) through the Director of National 

22 Intelligence, the intelligence community; 

23 and 


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1 (viii) and any other Federal agency 

2 with responsibilities relating to the Na3 tional Strategy; and 

4 (B) resolve any disputes that arise between 

5 Federal agencies relating to the National Strat6 egy or other matters within the responsibility of 

7 the Office; 

8 (4) if the policies or activities of a Federal 

9 agency are not in compliance with the responsibil10 ities of the Federal agency under the National Strat11 egy— 

12 (A) notify the Federal agency; 

13 (B) transmit a copy of each notification 

14 under subparagraph (A) to the President and 

15 the appropriate congressional committees; and 

16 (C) coordinate the efforts to bring the 

17 Federal agency into compliance; 

18 (5) ensure the adequacy of protections for pri19 vacy and civil liberties in carrying out the respon20 sibilities of the Director under this title, including 

21 through consultation with the Privacy and Civil Lib22 erties Oversight Board established under section 

23 1061 of the National Security Intelligence Reform 

24 Act of 2004 (42 U.S.C. 2000ee); 


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1 (6) upon reasonable request, appear before any 

2 duly constituted committees of the Senate or of the 

3 House of Representatives; 

4 (7) recommend to the Office of Management 

5 and Budget or the head of a Federal agency actions 

6 (including requests to Congress relating to the re7 programming of funds) that the Director determines 

8 are necessary to ensure risk-based security of— 

9 (A) the Federal information infrastructure; 

10 (B) information infrastructure that is 

11 owned, operated, controlled, or licensed for use 

12 by, or on behalf of, the Department of Defense, 

13 a military department, or another element of 

14 the intelligence community; or 

15 (C) a national security system; 

16 (8) advise the Administrator of the Office of E17 Government and Information Technology and the 

18 Administrator of the Office of Information and Reg19 ulatory Affairs on the development, and oversee the 

20 implementation, of policies, principles, standards, 

21 guidelines, and budget priorities for information 

22 technology functions and activities of the Federal 

23 Government; 

24 (9) coordinate and ensure, to the maximum ex25 tent practicable, that the standards and guidelines 


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1 developed for national security systems and the 

2 standards and guidelines under section 20 of the 

3 National Institute of Standards and Technology Act 

4 (15 U.S.C. 278g–3) are complementary and unified; 

5 (10) in consultation with the Administrator of 

6 the Office of Information and Regulatory Affairs, 

7 coordinate efforts of Federal agencies relating to the 

8 development of regulations, rules, requirements, or 

9 other actions applicable to the national information 

10 infrastructure to ensure, to the maximum extent 

11 practicable, that the efforts are complementary; 

12 (11) coordinate the activities of the Office of 

13 Science and Technology Policy, the National Eco14 nomic Council, the Office of Management and Budg15 et, the National Security Council, the Homeland Se16 curity Council, and the United States Trade Rep17 resentative related to the National Strategy and 

18 other matters within the purview of the Office; and 

19 (12) as assigned by the President, other duties 

20 relating to the security and resiliency of cyberspace. 

21 SEC. 103. PROHIBITION ON POLITICAL CAMPAIGNING. 

22 Section 7323(b)(2)(B) of title 5, United States Code, 

23 is amended— 

24 (1) in clause (i), by striking ‘‘or’’ at the end; 


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1 (2) in clause (ii), by striking the period at the 

2 end and inserting ‘‘; or’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(iii) notwithstanding the exception 

5 under subparagraph (A) (relating to an ap6 pointment made by the President, by and 

7 with the advice and consent of the Senate), 

8 the Director of Cyberspace Policy.’’. 

9 SEC. 104. REVIEW OF FEDERAL AGENCY BUDGET RE10 QUESTS RELATING TO THE NATIONAL STRAT11 EGY. 

12 (a) IN GENERAL.—For each fiscal year, the head of 

13 each Federal agency shall transmit to the Director a copy 

14 of any portion of the budget of the Federal agency in15 tended to implement the National Strategy at the same 

16 time as that budget request is submitted to the Office of 

17 Management and Budget in the preparation of the budget 

18 of the President submitted to Congress under section 

19 1105 (a) of title 31, United States Code. 

20 (b) TIMELY SUBMISSIONS.—The head of each Fed21 eral agency shall ensure the timely development and sub22 mission to the Director of each proposed budget under this 

23 section, in such format as may be designated by the Direc24 tor with the concurrence of the Director of the Office of 

25 Management and Budget. 


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1 (c) ADEQUACY OF THE PROPOSED BUDGET RE2 QUESTS.—With the assistance of, and in coordination 

3 with, the Office of E-Government and Information Tech4 nology and the National Center for Cybersecurity and 

5 Communications, the Director shall review each budget 

6 submission to assess the adequacy of the proposed request 

7 with regard to implementation of the National Strategy. 

8 (d) INADEQUATE BUDGET REQUESTS.—If the Direc9 tor concludes that a budget request submitted under sub10 section (a) is inadequate, in whole or in part, to implement 

11 the objectives of the National Strategy, the Director shall 

12 submit to the Director of the Office of Management and 

13 Budget and the head of the Federal agency submitting 

14 the budget request a written description of funding levels 

15 and specific initiatives that would, in the determination 

16 of the Director, make the request adequate. 

17 SEC. 105. ACCESS TO INTELLIGENCE. 

18 The Director shall have access to law enforcement in19 formation, intelligence information, terrorism information, 

20 and any other information (including information relating 

21 to incidents provided under subsections (a)(4) and (c) of 

22 section 246 of the Homeland Security Act of 2002, as 

23 added by this Act) that is obtained by, or in the possession 

24 of, any Federal agency that the Director determines rel25 evant to the security of— 


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1 (1) the Federal information infrastructure; 

2 (2) information infrastructure that is owned, 

3 operated, controlled, or licensed for use by, or on be4 half of, the Department of Defense, a military de5 partment, or another element of the intelligence 

6 community; 

7 (3) a national security system; or 

8 (4) national information infrastructure. 

9 SEC. 106. CONSULTATION. 

10 (a) IN GENERAL.—The Director may consult and ob11 tain recommendations from, as needed, such Presidential 

12 and other advisory entities as the Director determines will 

13 assist in carrying out the mission of the Office, includ14 ing— 

15 (1) the National Security Telecommunications 

16 Advisory Committee; 

17 (2) the National Infrastructure Advisory Coun18 cil; 

19 (3) the Privacy and Civil Liberties Oversight 

20 Board; 

21 (4) the President’s Intelligence Advisory Board; 

22 (5) the Critical Infrastructure Partnership Ad23 visory Council; and 


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1 (6) the National Cybersecurity Advisory Council 

2 established under section 239 of the Homeland Se3 curity Act of 2002, as added by this Act. 

4 (b) NATIONAL STRATEGY.—In developing and updat5 ing the National Strategy the Director shall consult with 

6 the National Cybersecurity Advisory Council and, as ap7 propriate, State and local governments and private enti8 ties. 

9 SEC. 107. REPORTS TO CONGRESS. 

10 (a) IN GENERAL.—The Director shall submit an an11 nual report to the appropriate congressional committees 

12 describing the activities, ongoing projects, and plans of the 

13 Federal Government designed to meet the goals and objec14 tives of the National Strategy. 

15 (b) CLASSIFIED ANNEX.—A report submitted under 

16 this section shall be submitted in an unclassified form, but 

17 may include a classified annex, if necessary. 

18 (c) PUBLIC REPORT.—An unclassified version of 

19 each report submitted under this section shall be made 

20 available to the public. 


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1 TITLE II—NATIONAL CENTER 

2 FOR CYBERSECURITY AND 

3 COMMUNICATIONS 

4 SEC. 201. CYBERSECURITY. 

5 Title II of the Homeland Security Act of 2002 (6 

6 U.S.C. 121 et seq.) is amended by adding at the end the 

7 following: 

8 ‘‘Subtitle E—Cybersecurity 

9 ‘‘SEC. 241. DEFINITIONS. 

10 ‘‘In this subtitle— 

11 ‘‘(1) the term ‘agency information infrastruc12 ture’ means the Federal information infrastructure 

13 of a particular Federal agency; 

14 ‘‘(2) the term ‘appropriate committees of Con15 gress’ means the Committee on Homeland Security 

16 and Governmental Affairs of the Senate and the 

17 Committee on Homeland Security of the House of 

18 Representatives; 

19 ‘‘(3) the term ‘Center’ means the National Cen20 ter for Cybersecurity and Communications estab21 lished under section 242(a); 

22 ‘‘(4) the term ‘covered critical infrastructure’ 

23 means a system or asset— 


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1 ‘‘(A) that is on the prioritized critical in2 frastructure list established by the Secretary 

3 under section 210E(a)(2); and 

4 ‘‘(B)(i) that is a component of the national 

5 information infrastructure; or 

6 ‘‘(ii) for which the national information in7 frastructure is essential to the reliable operation 

8 of the system or asset; 

9 ‘‘(5) the term ‘cyber vulnerability’ means any 

10 security vulnerability that, if exploited, could pose a 

11 significant risk of disruption to the operation of in12 formation infrastructure essential to the reliable op13 eration of covered critical infrastructure; 

14 ‘‘(6) the term ‘Director’ means the Director of 

15 the Center appointed under section 242(b)(1); 

16 ‘‘(7) the term ‘Federal agency’— 

17 ‘‘(A) means any executive department, 

18 military department, Government corporation, 

19 Government controlled corporation, or other es20 tablishment in the executive branch of the Gov21 ernment (including the Executive Office of the 

22 President), or any independent regulatory agen23 cy; and 

24 ‘‘(B) does not include the governments of 

25 the District of Columbia and of the territories 


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1 and possessions of the United States and their 

2 various subdivisions; 

3 ‘‘(8) the term ‘Federal information infrastruc4 ture’— 

5 ‘‘(A) means information infrastructure 

6 that is owned, operated, controlled, or licensed 

7 for use by, or on behalf of, any Federal agency, 

8 including information systems used or operated 

9 by another entity on behalf of a Federal agency; 

10 and 

11 ‘‘(B) does not include— 

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

13 ‘‘(ii) information infrastructure that is 

14 owned, operated, controlled, or licensed for 

15 use by, or on behalf of, the Department of 

16 Defense, a military department, or another 

17 element of the intelligence community; 

18 ‘‘(9) the term ‘incident’ means an occurrence 

19 that— 

20 ‘‘(A) actually or potentially jeopardizes— 

21 ‘‘(i) the information security of infor22 mation infrastructure; or 

23 ‘‘(ii) the information that information 

24 infrastructure processes, stores, receives, 

25 or transmits; or 


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1 ‘‘(B) constitutes a violation or threat of 

2 violation of security policies, security proce3 dures, or acceptable use policies applicable to 

4 information infrastructure. 

5 ‘‘(10) the term ‘information infrastructure’ 

6 means the underlying framework that information 

7 systems and assets rely on to process, transmit, re8 ceive, or store information electronically, including— 

9 ‘‘(A) programmable electronic devices and 

10 communications networks; and 

11 ‘‘(B) any associated hardware, software, or 

12 data; 

13 ‘‘(11) the term ‘information security’ means 

14 protecting information and information systems 

15 from disruption or unauthorized access, use, disclo16 sure, modification, or destruction in order to pro17 vide— 

18 ‘‘(A) integrity, by guarding against im19 proper information modification or destruction, 

20 including by ensuring information nonrepudi21 ation and authenticity; 

22 ‘‘(B) confidentiality, by preserving author23 ized restrictions on access and disclosure, in24 cluding means for protecting personal privacy 

25 and proprietary information; and 


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1 ‘‘(C) availability, by ensuring timely and 

2 reliable access to and use of information; 

3 ‘‘(12) the term ‘information sharing and anal4 ysis center’ means a self-governed forum whose 

5 members work together within a specific sector of 

6 critical infrastructure to identify, analyze, and share 

7 with other members and the Federal Government 

8 critical information relating to threats, 

9 vulnerabilities, or incidents to the security and resil10 iency of the critical infrastructure that comprises the 

11 specific sector; 

12 ‘‘(13) the term ‘information system’ has the 

13 meaning given that term in section 3502 of title 44, 

14 United States Code; 

15 ‘‘(14) the term ‘intelligence community’ has the 

16 meaning given that term in section 3(4) of the Na17 tional Security Act of 1947 (50 U.S.C. 401a(4)); 

18 ‘‘(15) the term ‘management controls’ means 

19 safeguards or countermeasures for an information 

20 system that focus on the management of risk and 

21 the management of information system security; 

22 ‘‘(16) the term ‘National Cybersecurity Advi23 sory Council’ means the National Cybersecurity Ad24 visory Council established under section 239; 


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1 ‘‘(17) the term ‘national cyber emergency’ 

2 means an actual or imminent action by any indi3 vidual or entity to exploit a cyber vulnerability in a 

4 manner that disrupts, attempts to disrupt, or poses 

5 a significant risk of disruption to the operation of 

6 the information infrastructure essential to the reli7 able operation of covered critical infrastructure; 

8 ‘‘(18) the term ‘national information infrastruc9 ture’ means information infrastructure— 

10 ‘‘(A)(i) that is owned, operated, or con11 trolled within or from the United States; or 

12 ‘‘(ii) if located outside the United States, 

13 the disruption of which could result in national 

14 or regional catastrophic damage in the United 

15 States; and 

16 ‘‘(B) that is not owned, operated, con17 trolled, or licensed for use by a Federal agency; 

18 ‘‘(19) the term ‘national security system’ has 

19 the same meaning given that term in section 3551 

20 of title 44, United States Code; 

21 ‘‘(20) the term ‘operational controls’ means the 

22 safeguards and countermeasures for an information 

23 system that are primarily implemented and executed 

24 by individuals not systems; 


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1 ‘‘(21) the term ‘sector-specific agency’ means 

2 the relevant Federal agency responsible for infra3 structure protection activities in a designated critical 

4 infrastructure sector or key resources category under 

5 the National Infrastructure Protection Plan, or any 

6 other appropriate Federal agency identified by the 

7 President after the date of enactment of this sub8 title; 

9 ‘‘(22) the term ‘sector coordinating councils’ 

10 means self-governed councils that are composed of 

11 representatives of key stakeholders within a specific 

12 sector of critical infrastructure that serve as the 

13 principal private sector policy coordination and plan14 ning entities with the Federal Government relating 

15 to the security and resiliency of the critical infra16 structure that comprise that sector; 

17 ‘‘(23) the term ‘security controls’ means the 

18 management, operational, and technical controls pre19 scribed for an information system to protect the in20 formation security of the system; 

21 ‘‘(24) the term ‘small business concern’ has the 

22 meaning given that term under section 3 of the 

23 Small Business Act (15 U.S.C. 632); 

24 ‘‘(25) the term ‘technical controls’ means the 

25 safeguards or countermeasures for an information 


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1 system that are primarily implemented and executed 

2 by the information system through mechanisms con3 tained in the hardware, software, or firmware com4 ponents of the system; 

5 ‘‘(26) the term ‘terrorism information’ has the 

6 meaning given that term in section 1016 of the In7 telligence Reform and Terrorism Prevention Act of 

8 2004 (6 U.S.C. 485); 

9 ‘‘(27) the term ‘United States person’ has the 

10 meaning given that term in section 101 of the For11 eign Intelligence Surveillance Act of 1978 (50 

12 U.S.C. 1801); and 

13 ‘‘(28) the term ‘US–CERT’ means the United 

14 States Computer Readiness Team established under 

15 section 244. 

16 ‘‘SEC. 242. NATIONAL CENTER FOR CYBERSECURITY AND 

17 COMMUNICATIONS. 

18 ‘‘(a) ESTABLISHMENT.— 

19 ‘‘(1) IN GENERAL.—There is established within 

20 the Department a National Center for Cybersecurity 

21 and Communications. 

22 ‘‘(2) OPERATIONAL ENTITY.—The Center 

23 may— 


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1 ‘‘(A) enter into contracts for the procure2 ment of property and services for the Center; 

3 and 

4 ‘‘(B) appoint employees of the Center in 

5 accordance with the civil service laws of the 

6 United States. 

7 ‘‘(b) DIRECTOR.— 

8 ‘‘(1) IN GENERAL.—The Center shall be headed 

9 by a Director, who shall be appointed by the Presi10 dent, by and with the advice and consent of the Sen11 ate. 

12 ‘‘(2) REPORTING TO SECRETARY.—The Direc13 tor shall report directly to the Secretary and serve 

14 as the principal advisor to the Secretary on cyberse15 curity and the operations, security, and resiliency of 

16 the communications infrastructure of the United 

17 States. 

18 ‘‘(3) PRESIDENTIAL ADVICE.—The Director 

19 shall regularly advise the President on the exercise 

20 of the authorities provided under this subtitle or any 

21 other provision of law relating to the security of the 

22 Federal information infrastructure or an agency in23 formation infrastructure. 

24 ‘‘(4) QUALIFICATIONS.—The Director shall be 

25 appointed from among individuals who have— 


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1 ‘‘(A) a demonstrated ability in and knowl2 edge of information technology, cybersecurity, 

3 and the operations, security and resiliency of 

4 communications networks; and 

5 ‘‘(B) significant executive leadership and 

6 management experience in the public or private 

7 sector. 

8 ‘‘(5) LIMITATION ON SERVICE.— 

9 ‘‘(A) IN GENERAL.—Subject to subpara10 graph (B), the individual serving as the Direc11 tor may not, while so serving, serve in any 

12 other capacity in the Federal Government, ex13 cept to the extent that the individual serving as 

14 Director is doing so in an acting capacity. 

15 ‘‘(B) EXCEPTION.—The Director may 

16 serve on any commission, board, council, or 

17 similar entity with responsibilities or duties re18 lating to cybersecurity or the operations, secu19 rity, and resiliency of the communications infra20 structure of the United States at the direction 

21 of the President or as otherwise provided by 

22 law. 

23 ‘‘(c) DEPUTY DIRECTORS.— 


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1 ‘‘(1) IN GENERAL.—There shall be not less 

2 than 2 Deputy Directors for the Center, who shall 

3 report to the Director. 

4 ‘‘(2) INFRASTRUCTURE PROTECTION.— 

5 ‘‘(A) APPOINTMENT.—There shall be a 

6 Deputy Director appointed by the Secretary, 

7 who shall have expertise in infrastructure pro8 tection. 

9 ‘‘(B) RESPONSIBILITIES.—The Deputy Di10 rector appointed under subparagraph (A) 

11 shall— 

12 ‘‘(i) assist the Director and the As13 sistant Secretary for Infrastructure Protec14 tion in coordinating, managing, and direct15 ing the information, communications, and 

16 physical infrastructure protection respon17 sibilities and activities of the Department, 

18 including activities under Homeland Secu19 rity Presidential Directive–7, or any suc20 cessor thereto, and the National Infra21 structure Protection Plan, or any successor 

22 thereto; 

23 ‘‘(ii) review the budget for the Center 

24 and the Office of Infrastructure Protection 

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1 retary to ensure that activities are appro2 priately coordinated; 

3 ‘‘(iii) develop, update periodically, and 

4 submit to the appropriate committees of 

5 Congress a strategic plan detailing how 

6 critical infrastructure protection activities 

7 will be coordinated between the Center, the 

8 Office of Infrastructure Protection, and 

9 the private sector; 

10 ‘‘(iv) subject to the direction of the 

11 Director resolve conflicts between the Cen12 ter and the Office of Infrastructure Protec13 tion relating to the information, commu14 nications, and physical infrastructure pro15 tection responsibilities of the Center and 

16 the Office of Infrastructure Protection; 

17 and 

18 ‘‘(v) perform such other duties as the 

19 Director may assign. 

20 ‘‘(C) ANNUAL EVALUATION.—The Assist21 ant Secretary for Infrastructure Protection 

22 shall submit annually to the Director an evalua23 tion of the performance of the Deputy Director 

24 appointed under subparagraph (A). 


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1 ‘‘(3) INTELLIGENCE COMMUNITY.—The Direc2 tor of National Intelligence shall identify an em3 ployee of an element of the intelligence community 

4 to serve as a Deputy Director of the Center. The 

5 employee shall be detailed to the Center on a reim6 bursable basis for such period as is agreed to by the 

7 Director and the Director of National Intelligence, 

8 and, while serving as Deputy Director, shall report 

9 directly to the Director of the Center. 

10 ‘‘(d) LIAISON OFFICERS.—The Secretary of Defense, 

11 the Attorney General, the Secretary of Commerce, and the 

12 Director of National Intelligence shall detail personnel to 

13 the Center to act as full-time liaisons with the Department 

14 of Defense, the Department of Justice, the National Insti15 tute of Standards and Technology, and elements of the 

16 intelligence community to assist in coordination between 

17 and among the Center, the Department of Defense, the 

18 Department of Justice, the National Institute of Stand19 ards and Technology, and elements of the intelligence 

20 community. 

21 ‘‘(e) PRIVACY OFFICER.— 

22 ‘‘(1) IN GENERAL.—The Director, in consulta23 tion with the Secretary, shall designate a full-time 

24 privacy officer, who shall report to the Director. 


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1 ‘‘(2) DUTIES.—The privacy officer designated 

2 under paragraph (1) shall have primary responsi3 bility for implementation by the Center of the pri4 vacy policy for the Department established by the 

5 Privacy Officer appointed under section 222. 

6 ‘‘(f) DUTIES OF DIRECTOR.— 

7 ‘‘(1) IN GENERAL.—The Director shall— 

8 ‘‘(A) working cooperatively with the private 

9 sector, lead the Federal effort to secure, pro10 tect, and ensure the resiliency of the Federal in11 formation infrastructure and national informa12 tion infrastructure of the United States, includ13 ing communications networks; 

14 ‘‘(B) assist in the identification, remedi15 ation, and mitigation of vulnerabilities to the 

16 Federal information infrastructure and the na17 tional information infrastructure; 

18 ‘‘(C) provide dynamic, comprehensive, and 

19 continuous situational awareness of the security 

20 status of the Federal information infrastruc21 ture, national information infrastructure, and 

22 information infrastructure that is owned, oper23 ated, controlled, or licensed for use by, or on 

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1 telligence community by sharing and inte2 grating classified and unclassified information, 

3 including information relating to threats, 

4 vulnerabilities, traffic, trends, incidents, and 

5 other anomalous activities affecting the infra6 structure or systems, on a routine and contin7 uous basis with— 

8 ‘‘(i) the National Threat Operations 

9 Center of the National Security Agency; 

10 ‘‘(ii) the United States Cyber Com11 mand, including the Joint Task Force12 Global Network Operations; 

13 ‘‘(iii) the Cyber Crime Center of the 

14 Department of Defense; 

15 ‘‘(iv) the National Cyber Investigative 

16 Joint Task Force; 

17 ‘‘(v) the Intelligence Community Inci18 dent Response Center; 

19 ‘‘(vi) any other Federal agency, or 

20 component thereof, identified by the Direc21 tor; and 

22 ‘‘(vii) any non-Federal entity, includ23 ing, where appropriate, information shar24 ing and analysis centers, identified by the 

25 Director, with the concurrence of the 


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1 owner or operator of that entity and con2 sistent with applicable law; 

3 ‘‘(D) work with the entities described in 

4 subparagraph (C) to establish policies and pro5 cedures that enable information sharing be6 tween and among the entities; 

7 ‘‘(E) develop, in coordination with the As8 sistant Secretary for Infrastructure Protection, 

9 other Federal agencies, the private sector, and 

10 State and local governments, a national incident 

11 response plan that details the roles of Federal 

12 agencies, State and local governments, and the 

13 private sector, including plans to be executed in 

14 response to a declaration of a national cyber 

15 emergency by the President under section 249; 

16 ‘‘(F) conduct risk-based assessments of the 

17 Federal information infrastructure with respect 

18 to acts of terrorism, natural disasters, and 

19 other large-scale disruptions and provide the re20 sults of the assessments to the Director of 

21 Cyberspace Policy; 

22 ‘‘(G) develop, oversee the implementation 

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1 tion of and compliance with standards devel2 oped by the National Institute of Standards 

3 and Technology under section 20 of the Na4 tional Institute of Standards and Technology 

5 Act (15 U.S.C. 278g–3); 

6 ‘‘(H) provide assistance to the National In7 stitute of Standards and Technology in devel8 oping standards under section 20 of the Na9 tional Institute of Standards and Technology 

10 Act (15 U.S.C. 278g–3); 

11 ‘‘(I) provide to Federal agencies manda12 tory security controls to mitigate and remediate 

13 vulnerabilities of and incidents affecting the 

14 Federal information infrastructure; 

15 ‘‘(J) subject to paragraph (2), and as 

16 needed, assist the Director of the Office of 

17 Management and Budget and the Director of 

18 Cyberspace Policy in conducting analysis and 

19 prioritization of budgets, relating to the secu20 rity of the Federal information infrastructure; 

21 ‘‘(K) in accordance with section 253, de22 velop, periodically update, and implement a 

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1 formation technology products and services pur2 chased by the Federal Government; 

3 ‘‘(L) notify the Director of Cyberspace 

4 Policy of any incident involving the Federal in5 formation infrastructure, information infra6 structure that is owned, operated, controlled, or 

7 licensed for use by, or on behalf of, the Depart8 ment of Defense, a military department, or an9 other element of the intelligence community, or 

10 the national information infrastructure that 

11 could compromise or significantly affect eco12 nomic or national security; 

13 ‘‘(M) consult, in coordination with the Di14 rector of Cyberspace Policy, with appropriate 

15 international partners to enhance the security 

16 of the Federal information infrastructure and 

17 national information infrastructure; 

18 ‘‘(N)(i) coordinate and integrate informa19 tion to analyze the composite security state of 

20 the Federal information infrastructure and in21 formation infrastructure that is owned, oper22 ated, controlled, or licensed for use by, or on 

23 behalf of, the Department of Defense, a mili24 tary department, or another element of the in25 telligence community; 


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1 ‘‘(ii) ensure the information required under 

2 clause (i) and section 3553(c)(1)(A) of title 44, 

3 United States Code, including the views of the 

4 Director on the adequacy and effectiveness of 

5 information security throughout the Federal in6 formation infrastructure and information infra7 structure that is owned, operated, controlled, or 

8 licensed for use by, or on behalf of, the Depart9 ment of Defense, a military department, or an10 other element of the intelligence community, is 

11 available on an automated and continuous basis 

12 through the system maintained under section 

13 3552(a)(3)(D) of title 44, United States Code; 

14 ‘‘(iii) in conjunction with the quadrennial 

15 homeland security review required under section 

16 707, and at such other times determined appro17 priate by the Director, analyze the composite 

18 security state of the national information infra19 structure and submit to the President, Con20 gress, and the Secretary a report regarding ac21 tions necessary to enhance the composite secu22 rity state of the national information infrastruc23 ture based on the analysis; and 

24 ‘‘(iv) foster collaboration and serve as the 

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1 ment, State and local governments, and private 

2 entities on matters relating to the security of 

3 the Federal information infrastructure and the 

4 national information infrastructure; 

5 ‘‘(O) oversee the development, implementa6 tion, and management of security requirements 

7 for Federal agencies relating to the external ac8 cess points to or from the Federal information 

9 infrastructure; 

10 ‘‘(P) establish, develop, and oversee the ca11 pabilities and operations within the US–CERT 

12 as required by section 244; 

13 ‘‘(Q) oversee the operations of the National 

14 Communications System, as described in Execu15 tive Order 12472 (49 Fed. Reg. 13471; relating 

16 to the assignment of national security and 

17 emergency preparedness telecommunications 

18 functions), as amended by Executive Order 

19 13286 (68 Fed. Reg. 10619) and Executive 

20 Order 13407 (71 Fed. Reg. 36975), or any suc21 cessor thereto, including planning for and pro22 viding communications for the Federal Govern23 ment under all circumstances, including crises, 

24 emergencies, attacks, recoveries, and reconstitu25 tions; 


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1 ‘‘(R) ensure, in coordination with the pri2 vacy officer designated under subsection (e), the 

3 Privacy Officer appointed under section 222, 

4 and the Director of the Office of Civil Rights 

5 and Civil Liberties appointed under section 705, 

6 that the activities of the Center comply with all 

7 policies, regulations, and laws protecting the 

8 privacy and civil liberties of United States per9 sons; 

10 ‘‘(S) subject to the availability of re11 sources, and at the discretion of the Director, 

12 provide voluntary technical assistance— 

13 ‘‘(i) at the request of an owner or op14 erator of covered critical infrastructure, to 

15 assist the owner or operator in complying 

16 with sections 248 and 249, including im17 plementing required security or emergency 

18 measures and developing response plans 

19 for national cyber emergencies declared 

20 under section 249; and 

21 ‘‘(ii) at the request of the owner or 

22 operator of national information infra23 structure that is not covered critical infra24 structure, and based on risk, to assist the 

25 owner or operator in implementing best 


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1 practices, and related standards and guide2 lines, recommended under section 247 and 

3 other measures necessary to mitigate or re4 mediate vulnerabilities of the information 

5 infrastructure and the consequences of ef6 forts to exploit the vulnerabilities; 

7 ‘‘(T)(i) conduct, in consultation with the 

8 National Cybersecurity Advisory Council, the 

9 head of appropriate sector-specific agencies, and 

10 any private sector entity determined appro11 priate by the Director, risk-based assessments 

12 of national information infrastructure, on a sec13 tor-by-sector basis, with respect to acts of ter14 rorism, natural disasters, and other large-scale 

15 disruptions or financial harm, which shall iden16 tify and prioritize risks to the national informa17 tion infrastructure, including vulnerabilities and 

18 associated consequences; and 

19 ‘‘(ii) coordinate and evaluate the mitigation 

20 or remediation of cyber vulnerabilities and con21 sequences identified under clause (i); 

22 ‘‘(U) regularly evaluate and assess tech23 nologies designed to enhance the protection of 

24 the Federal information infrastructure and na25 tional information infrastructure, including an 


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1 assessment of the cost-effectiveness of the tech2 nologies; 

3 ‘‘(V) promote the use of the best practices 

4 recommended under section 247 to State and 

5 local governments and the private sector; 

6 ‘‘(W) develop and implement outreach and 

7 awareness programs on cybersecurity, includ8 ing— 

9 ‘‘(i) a public education campaign to 

10 increase the awareness of cybersecurity, 

11 cyber safety, and cyber ethics, which shall 

12 include use of the Internet, social media, 

13 entertainment, and other media to reach 

14 the public; 

15 ‘‘(ii) an education campaign to in16 crease the understanding of State and local 

17 governments and private sector entities of 

18 the costs of failing to ensure effective secu19 rity of information infrastructure and cost20 effective methods to mitigate and reme21 diate vulnerabilities; and 

22 ‘‘(iii) outcome-based performance 

23 measures to determine the success of the 

24 programs; 


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1 ‘‘(X) develop and implement a national cy2 bersecurity exercise program that includes— 

3 ‘‘(i) the participation of State and 

4 local governments, international partners 

5 of the United States, and the private sec6 tor; and 

7 ‘‘(ii) an after action report analyzing 

8 lessons learned from exercises and identi9 fying vulnerabilities to be remediated or 

10 mitigated; 

11 ‘‘(Y) coordinate with the Assistant Sec12 retary for Infrastructure Protection to ensure 

13 that— 

14 ‘‘(i) cybersecurity is appropriately ad15 dressed in carrying out the infrastructure 

16 protection responsibilities described in sec17 tion 201(d); and 

18 ‘‘(ii) the operations of the Center and 

19 the Office of Infrastructure Protection 

20 avoid duplication and use, to the maximum 

21 extent practicable, joint mechanisms for in22 formation sharing and coordination with 

23 the private sector; 


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1 ‘‘(Z) oversee the activities of the Office of 

2 Emergency Communications established under 

3 section 1801; and 

4 ‘‘(AA) perform such other duties as the 

5 Secretary may direct relating to the security 

6 and resiliency of the information and commu7 nications infrastructure of the United States. 

8 ‘‘(2) BUDGET ANALYSIS.—In conducting anal9 ysis and prioritization of budgets under paragraph 

10 (1)(J), the Director— 

11 ‘‘(A) in coordination with the Director of 

12 the Office of Management and Budget, may ac13 cess information from any Federal agency re14 garding the finances, budget, and programs of 

15 the Federal agency relevant to the security of 

16 the Federal information infrastructure; 

17 ‘‘(B) may make recommendations to the 

18 Director of the Office of Management and 

19 Budget and the Director of Cyberspace Policy 

20 regarding the budget for each Federal agency 

21 to ensure that adequate funding is devoted to 

22 securing the Federal information infrastructure, 

23 in accordance with policies, principles, and 

24 guidelines established by the Director under 

25 this subtitle; and 


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1 ‘‘(C) shall provide copies of any rec2 ommendations made under subparagraph (B) 

3 to— 

4 ‘‘(i) the Committee on Appropriations 

5 of the Senate; 

6 ‘‘(ii) the Committee on Appropriations 

7 of the House of Representatives; and 

8 ‘‘(iii) the appropriate committees of 

9 Congress. 

10 ‘‘(g) USE OF MECHANISMS FOR COLLABORATION.— 

11 In carrying out the responsibilities and authorities of the 

12 Director under this subtitle, to the maximum extent prac13 ticable, the Director shall use mechanisms for collabora14 tion and information sharing (including mechanisms relat15 ing to the identification and communication of threats, 

16 vulnerabilities, and associated consequences) established 

17 by other components of the Department or other Federal 

18 agencies to avoid unnecessary duplication or waste. 

19 ‘‘(h) SUFFICIENCY OF RESOURCES PLAN.— 

20 ‘‘(1) REPORT.—Not later than 120 days after 

21 the date of enactment of this subtitle, the Director 

22 of the Office of Management and Budget shall sub23 mit to the appropriate committees of Congress and 

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1 port on the resources and staff necessary to carry 

2 out fully the responsibilities under this subtitle. 

3 ‘‘(2) COMPTROLLER GENERAL REVIEW.— 

4 ‘‘(A) IN GENERAL.—The Comptroller Gen5 eral of the United States shall evaluate the rea6 sonableness and adequacy of the report sub7 mitted by the Director under paragraph (1). 

8 ‘‘(B) REPORT.—Not later than 60 days 

9 after the date on which the report is submitted 

10 under paragraph (1), the Comptroller General 

11 shall submit to the appropriate committees of 

12 Congress a report containing the findings of the 

13 review under subparagraph (A). 

14 ‘‘(i) FUNCTIONS TRANSFERRED.—There are trans15 ferred to the Center the National Cyber Security Division, 

16 the Office of Emergency Communications, and the Na17 tional Communications System, including all the func18 tions, personnel, assets, authorities, and liabilities of the 

19 National Cyber Security Division and the National Com20 munications System. 

21 ‘‘SEC. 243. PHYSICAL AND CYBER INFRASTRUCTURE COL22 LABORATION. 

23 ‘‘(a) IN GENERAL.—The Director and the Assistant 

24 Secretary for Infrastructure Protection shall coordinate 

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1 ture protection responsibilities and activities of the Center 

2 and the Office of Infrastructure Protection. 

3 ‘‘(b) OVERSIGHT.—The Secretary shall ensure that 

4 the coordination described in subsection (a) occurs. 

5 ‘‘SEC. 244. UNITED STATES COMPUTER EMERGENCY READI6 NESS TEAM. 

7 ‘‘(a) ESTABLISHMENT OF OFFICE.—There is estab8 lished within the Center, the United States Computer 

9 Emergency Readiness Team, which shall be headed by a 

10 Director, who shall be selected from the Senior Executive 

11 Service by the Secretary. 

12 ‘‘(b) RESPONSIBILITIES.—The US–CERT shall— 

13 ‘‘(1) collect, coordinate, and disseminate infor14 mation on— 

15 ‘‘(A) risks to the Federal information in16 frastructure, information infrastructure that is 

17 owned, operated, controlled, or licensed for use 

18 by, or on behalf of, the Department of Defense, 

19 a military department, or another element of 

20 the intelligence community, or the national in21 formation infrastructure; and 

22 ‘‘(B) security controls to enhance the secu23 rity of the Federal information infrastructure 

24 or the national information infrastructure 


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1 against the risks identified in subparagraph 

2 (A); and 

3 ‘‘(2) establish a mechanism for engagement 

4 with the private sector. 

5 ‘‘(c) MONITORING, ANALYSIS, WARNING, AND RE6 SPONSE.— 

7 ‘‘(1) DUTIES.—Subject to paragraph (2), the 

8 US–CERT shall— 

9 ‘‘(A) provide analysis and reports to Fed10 eral agencies on the security of the Federal in11 formation infrastructure; 

12 ‘‘(B) provide continuous, automated moni13 toring of the Federal information infrastructure 

14 at external Internet access points, which shall 

15 include detection and warning of threats, 

16 vulnerabilities, traffic, trends, incidents, and 

17 other anomalous activities affecting the infor18 mation security of the Federal information in19 frastructure; 

20 ‘‘(C) warn Federal agencies of threats, 

21 vulnerabilities, incidents, and anomalous activi22 ties that could affect the Federal information 

23 infrastructure; 


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1 ‘‘(D) develop, recommend, and deploy secu2 rity controls to mitigate or remediate 

3 vulnerabilities; 

4 ‘‘(E) support Federal agencies in con5 ducting risk assessments of the agency informa6 tion infrastructure; 

7 ‘‘(F) disseminate to Federal agencies risk 

8 analyses of incidents that could impair the risk9 based security of the Federal information infra10 structure; 

11 ‘‘(G) develop and acquire predictive ana12 lytic tools to evaluate threats, vulnerabilities, 

13 traffic, trends, incidents, and anomalous activi14 ties; 

15 ‘‘(H) aid in the detection of, and warn 

16 owners or operators of national information in17 frastructure regarding, threats, vulnerabilities, 

18 and incidents, affecting the national informa19 tion infrastructure, including providing— 

20 ‘‘(i) timely, targeted, and actionable 

21 notifications of threats, vulnerabilities, and 

22 incidents; and 

23 ‘‘(ii) recommended security controls to 

24 mitigate or remediate vulnerabilities; and 


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1 ‘‘(I) respond to assistance requests from 

2 Federal agencies and, subject to the availability 

3 of resources, owners or operators of the na4 tional information infrastructure to— 

5 ‘‘(i) isolate, mitigate, or remediate in6 cidents; 

7 ‘‘(ii) recover from damages and miti8 gate or remediate vulnerabilities; and 

9 ‘‘(iii) evaluate security controls and 

10 other actions taken to secure information 

11 infrastructure and incorporate lessons 

12 learned into best practices, policies, prin13 ciples, and guidelines. 

14 ‘‘(2) REQUIREMENT.—With respect to the Fed15 eral information infrastructure, the US–CERT shall 

16 conduct the activities described in paragraph (1) in 

17 a manner consistent with the responsibilities of the 

18 head of a Federal agency described in section 3553 

19 of title 44, United States Code. 

20 ‘‘(3) REPORT.—Not later than 1 year after the 

21 date of enactment of this subtitle, and every year 

22 thereafter, the Secretary shall— 

23 ‘‘(A) in conjunction with the Inspector 

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1 pendent audit or review of the activities of the 

2 US–CERT under paragraph (1)(B); and 

3 ‘‘(B) submit to the appropriate committees 

4 of Congress and the President a report regard5 ing the audit or report. 

6 ‘‘(d) PROCEDURES FOR FEDERAL GOVERNMENT.— 

7 Not later than 90 days after the date of enactment of this 

8 subtitle, the head of each Federal agency shall establish 

9 procedures for the Federal agency that ensure that the 

10 US–CERT can perform the functions described in sub11 section (c) in relation to the Federal agency. 

12 ‘‘(e) OPERATIONAL UPDATES.—The US–CERT shall 

13 provide unclassified and, as appropriate, classified updates 

14 regarding the composite security state of the Federal in15 formation infrastructure to the Federal Information Secu16 rity Taskforce. 

17 ‘‘(f) FEDERAL POINTS OF CONTACT.—The Director 

18 of the US–CERT shall designate a principal point of con19 tact within the US–CERT for each Federal agency to— 

20 ‘‘(1) maintain communication; 

21 ‘‘(2) ensure cooperative engagement and infor22 mation sharing; and 

23 ‘‘(3) respond to inquiries or requests. 

24 ‘‘(g) REQUESTS FOR INFORMATION OR PHYSICAL AC25 CESS.— 


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1 ‘‘(1) INFORMATION ACCESS.—Upon request of 

2 the Director of the US–CERT, the head of a Fed3 eral agency or an Inspector General for a Federal 

4 agency shall provide any law enforcement informa5 tion, intelligence information, terrorism information, 

6 or any other information (including information re7 lating to incidents provided under subsections (a)(4) 

8 and (c) of section 246) relevant to the security of 

9 the Federal information infrastructure or the na10 tional information infrastructure necessary to carry 

11 out the duties, responsibilities, and authorities under 

12 this subtitle. 

13 ‘‘(2) PHYSICAL ACCESS.—Upon request of the 

14 Director, and in consultation with the head of a 

15 Federal agency, the Federal agency shall provide 

16 physical access to any facility of the Federal agency 

17 necessary to determine whether the Federal agency 

18 is in compliance with any policies, principles, and 

19 guidelines established by the Director under this 

20 subtitle, or otherwise necessary to carry out the du21 ties, responsibilities, and authorities of the Director 

22 applicable to the Federal information infrastructure. 


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1 ‘‘SEC. 245. ADDITIONAL AUTHORITIES OF THE DIRECTOR 

2 OF THE NATIONAL CENTER FOR CYBERSECU3 RITY AND COMMUNICATIONS. 

4 ‘‘(a) ACCESS TO INFORMATION.—Unless otherwise 

5 directed by the President— 

6 ‘‘(1) the Director shall access, receive, and ana7 lyze law enforcement information, intelligence infor8 mation, terrorism information, and any other infor9 mation (including information relating to incidents 

10 provided under subsections (a)(4) and (c) of section 

11 246) relevant to the security of the Federal informa12 tion infrastructure, information infrastructure that 

13 is owned, operated, controlled, or licensed for use by, 

14 or on behalf of, the Department of Defense, a mili15 tary department, or another element of the intel16 ligence community, or national information infra17 structure from Federal agencies and, consistent with 

18 applicable law, State and local governments (includ19 ing law enforcement agencies), and private entities, 

20 including information provided by any contractor to 

21 a Federal agency regarding the security of the agen22 cy information infrastructure; 

23 ‘‘(2) any Federal agency in possession of law 

24 enforcement information, intelligence information, 

25 terrorism information, or any other information (in26 cluding information relating to incidents provided 


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1 under subsections (a)(4) and (c) of section 246) rel2 evant to the security of the Federal information in3 frastructure, information infrastructure that is 

4 owned, operated, controlled, or licensed for use by, 

5 or on behalf of, the Department of Defense, a mili6 tary department, or another element of the intel7 ligence community, or national information infra8 structure shall provide that information to the Di9 rector in a timely manner; and 

10 ‘‘(3) the Director, in coordination with the At11 torney General, the Privacy and Civil Liberties Over12 sight Board established under section 1061 of the 

13 National Security Intelligence Reform Act of 2004 

14 (42 U.S.C. 2000ee), the Director of National Intel15 ligence, and the Archivist of the United States, shall 

16 establish guidelines to ensure that information is 

17 transferred, stored, and preserved in accordance 

18 with applicable law and in a manner that protects 

19 the privacy and civil liberties of United States per20 sons. 

21 ‘‘(b) OPERATIONAL EVALUATIONS.— 

22 ‘‘(1) IN GENERAL.—The Director— 

23 ‘‘(A) subject to paragraph (2), shall de24 velop, maintain, and enhance capabilities to 

25 evaluate the security of the Federal information 


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1 infrastructure as described in section 

2 3554(a)(3) of title 44, United States Code, in3 cluding the ability to conduct risk-based pene4 tration testing and vulnerability assessments; 

5 ‘‘(B) in carrying out subparagraph (A), 

6 may request technical assistance from the Di7 rector of the Federal Bureau of Investigation, 

8 the Director of the National Security Agency, 

9 the head of any other Federal agency that may 

10 provide support, and any nongovernmental enti11 ty contracting with the Department or another 

12 Federal agency; and 

13 ‘‘(C) in consultation with the Attorney 

14 General and the Privacy and Civil Liberties 

15 Oversight Board established under section 1061 

16 of the National Security Intelligence Reform 

17 Act of 2004 (42 U.S.C. 2000ee), shall develop 

18 guidelines to ensure compliance with all applica19 ble laws relating to the privacy of United States 

20 persons in carrying out the operational evalua21 tions under subparagraph (A). 

22 ‘‘(2) OPERATIONAL EVALUATIONS.— 

23 ‘‘(A) IN GENERAL.—The Director may 

24 conduct risk-based operational evaluations of 

25 the agency information infrastructure of any 


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1 Federal agency, at a time determined by the 

2 Director, in consultation with the head of the 

3 Federal agency, using the capabilities developed 

4 under paragraph (1)(A). 

5 ‘‘(B) ANNUAL EVALUATION REQUIRE6 MENT.—If the Director conducts an operational 

7 evaluation under subparagraph (A) or an oper8 ational evaluation at the request of a Federal 

9 agency to meet the requirements of section 

10 3554 of title 44, United States Code, the oper11 ational evaluation shall satisfy the requirements 

12 of section 3554 for the Federal agency for the 

13 year of the evaluation, unless otherwise speci14 fied by the Director. 

15 ‘‘(c) CORRECTIVE MEASURES AND MITIGATION

16 PLANS.—If the Director determines that a Federal agency 

17 is not in compliance with applicable policies, principles, 

18 standards, and guidelines applicable to the Federal infor19 mation infrastructure— 

20 ‘‘(1) the Director, in consultation with the Di21 rector of the Office of Management and Budget, 

22 may direct the head of the Federal agency to— 

23 ‘‘(A) take corrective measures to meet the 

24 policies, principles, standards, and guidelines; 

25 and 


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1 ‘‘(B) develop a plan to remediate or miti2 gate any vulnerabilities addressed by the poli3 cies, principles, standards, and guidelines; 

4 ‘‘(2) within such time period as the Director 

5 shall prescribe, the head of the Federal agency 

6 shall— 

7 ‘‘(A) implement a corrective measure or 

8 develop a mitigation plan in accordance with 

9 paragraph (1); or 

10 ‘‘(B) submit to the Director, the Director 

11 of the Office of Management and Budget, the 

12 Inspector General for the Federal agency, and 

13 the appropriate committees of Congress a re14 port indicating why the Federal agency has not 

15 implemented the corrective measure or devel16 oped a mitigation plan; and 

17 ‘‘(3) the Director may direct the isolation of 

18 any component of the agency information infrastruc19 ture, consistent with the contingency or continuity of 

20 operation plans applicable to the agency information 

21 infrastructure, until corrective measures are taken 

22 or mitigation plans approved by the Director are put 

23 in place, if— 


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1 ‘‘(A) the head of the Federal agency has 

2 failed to comply with the corrective measures 

3 prescribed under paragraph (1); and 

4 ‘‘(B) the failure to comply presents a sig5 nificant danger to the Federal information in6 frastructure. 

7 ‘‘SEC. 246. INFORMATION SHARING. 

8 ‘‘(a) FEDERAL AGENCIES.— 

9 ‘‘(1) INFORMATION SHARING PROGRAM.—Con10 sistent with the responsibilities described in section 

11 242 and 244, the Director, in consultation with the 

12 other members of the Chief Information Officers 

13 Council established under section 3603 of title 44, 

14 United States Code, and the Federal Information 

15 Security Taskforce, shall establish a program for 

16 sharing information with and between the Center 

17 and other Federal agencies that includes processes 

18 and procedures, including standard operating proce19 dures— 

20 ‘‘(A) under which the Director regularly 

21 shares with each Federal agency— 

22 ‘‘(i) analysis and reports on the com23 posite security state of the Federal infor24 mation infrastructure and information in25 frastructure that is owned, operated, conVerDate Mar 15 2010 03:25 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S3480.IS S3480

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1 trolled, or licensed for use by, or on behalf 

2 of, the Department of Defense, a military 

3 department, or another element of the in4 telligence community, which shall include 

5 information relating to threats, 

6 vulnerabilities, incidents, or anomalous ac7 tivities; 

8 ‘‘(ii) any available analysis and re9 ports regarding the security of the agency 

10 information infrastructure; and 

11 ‘‘(iii) means and methods of pre12 venting, responding to, mitigating, and re13 mediating vulnerabilities; and 

14 ‘‘(B) under which the Director may re15 quest information from Federal agencies con16 cerning the security of the Federal information 

17 infrastructure, information infrastructure that 

18 is owned, operated, controlled, or licensed for 

19 use by, or on behalf of, the Department of De20 fense, a military department, or another ele21 ment of the intelligence community, or the na22 tional information infrastructure necessary to 

23 carry out the duties of the Director under this 

24 subtitle or any other provision of law. 


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1 ‘‘(2) CONTENTS.—The program established 

2 under this section shall include— 

3 ‘‘(A) timeframes for the sharing of infor4 mation under paragraph (1); 

5 ‘‘(B) guidance on what information shall 

6 be shared, including information regarding inci7 dents; 

8 ‘‘(C) a tiered structure that provides guid9 ance for the sharing of urgent information; and 

10 ‘‘(D) processes and procedures under 

11 which the Director or the head of a Federal 

12 agency may report noncompliance with the pro13 gram to the Director of Cyberspace Policy. 

14 ‘‘(3) US–CERT.—The Director of the US– 

15 CERT shall ensure that the head of each Federal 

16 agency has continual access to data collected by the 

17 US–CERT regarding the agency information infra18 structure of the Federal agency. 

19 ‘‘(4) FEDERAL AGENCIES.— 

20 ‘‘(A) IN GENERAL.—The head of a Federal 

21 agency shall comply with all processes and pro22 cedures established under this subsection re23 garding notification to the Director relating to 

24 incidents. 


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1 ‘‘(B) IMMEDIATE NOTIFICATION RE2 QUIRED.—Unless otherwise directed by the 

3 President, any Federal agency with a national 

4 security system shall immediately notify the Di5 rector regarding any incident affecting the risk6 based security of the national security system. 

7 ‘‘(b) STATE AND LOCAL GOVERNMENTS, PRIVATE

8 SECTOR, AND INTERNATIONAL PARTNERS.— 

9 ‘‘(1) IN GENERAL.—The Director, shall estab10 lish processes and procedures, including standard 

11 operating procedures, to promote bidirectional infor12 mation sharing with State and local governments, 

13 private entities, and international partners of the 

14 United States on— 

15 ‘‘(A) threats, vulnerabilities, incidents, and 

16 anomalous activities affecting the national in17 formation infrastructure; and 

18 ‘‘(B) means and methods of preventing, re19 sponding to, and mitigating and remediating 

20 vulnerabilities. 

21 ‘‘(2) CONTENTS.—The processes and proce22 dures established under paragraph (1) shall in23 clude— 

24 ‘‘(A) means or methods of accessing classi25 fied or unclassified information, as appropriate, 


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1 that will provide situational awareness of the 

2 security of the Federal information infrastruc3 ture and the national information infrastructure 

4 relating to threats, vulnerabilities, traffic, 

5 trends, incidents, and other anomalous activi6 ties affecting the Federal information infra7 structure or the national information infra8 structure; 

9 ‘‘(B) a mechanism, established in consulta10 tion with the heads of the relevant sector-spe11 cific agencies, sector coordinating councils, and 

12 information sharing and analysis centers, by 

13 which owners and operators of covered critical 

14 infrastructure shall report incidents in the in15 formation infrastructure for covered critical in16 frastructure, to the extent the incident might 

17 indicate an actual or potential cyber vulner18 ability, or exploitation of that vulnerability; and 

19 ‘‘(C) an evaluation of the need to provide 

20 security clearances to employees of State and 

21 local governments, private entities, and inter22 national partners to carry out this subsection. 

23 ‘‘(3) GUIDELINES.—The Director, in consulta24 tion with the Attorney General and the Director of 

25 National Intelligence, shall develop guidelines to proVerDate Mar 15 2010 03:25 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S3480.IS S3480

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1 tect the privacy and civil liberties of United States 

2 persons and intelligence sources and methods, while 

3 carrying out this subsection. 

4 ‘‘(c) INCIDENTS.— 

5 ‘‘(1) NON-FEDERAL ENTITIES.— 

6 ‘‘(A) IN GENERAL.— 

7 ‘‘(i) MANDATORY REPORTING.—Sub8 ject to clause (i), the owner or operator of 

9 covered critical infrastructure shall report 

10 any incident affecting the information in11 frastructure of covered critical infrastruc12 ture to the extent the incident might indi13 cate an actual or potential cyber vulner14 ability, or exploitation of a cyber vulner15 ability, in accordance with the policies and 

16 procedures for the mechanism established 

17 under subsection (b)(2)(B) and guidelines 

18 developed under subsection (b)(3). 

19 ‘‘(ii) LIMITATION.—Clause (i) shall 

20 not authorize the Director, the Center, the 

21 Department, or any other Federal entity to 

22 compel the disclosure of information relat23 ing to an incident or conduct surveillance 

24 unless otherwise authorized under chapter 

25 119, chapter 121, or chapter 206 of title 


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1 18, United States Code, the Foreign Intel2 ligence Surveillance Act of 1978 (50 

3 U.S.C. 1801 et seq.), or any other provi4 sion of law. 

5 ‘‘(B) REPORTING PROCEDURES.—The Di6 rector shall establish procedures that enable 

7 and encourage the owner or operator of na8 tional information infrastructure to report to 

9 the Director regarding incidents affecting such 

10 information infrastructure. 

11 ‘‘(2) INFORMATION PROTECTION.—Notwith12 standing any other provision of law, information re13 ported under paragraph (1) shall be protected from 

14 unauthorized disclosure, in accordance with section 

15 251. 

16 ‘‘(d) ADDITIONAL RESPONSIBILITIES.—In accord17 ance with section 251, the Director shall— 

18 ‘‘(1) share data collected on the Federal infor19 mation infrastructure with the National Science 

20 Foundation and other accredited research institu21 tions for the sole purpose of cybersecurity research 

22 in a manner that protects privacy and civil liberties 

23 of United States persons and intelligence sources 

24 and methods; 


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1 ‘‘(2) establish a website to provide an oppor2 tunity for the public to provide— 

3 ‘‘(A) input about the operations of the 

4 Center; and 

5 ‘‘(B) recommendations for improvements 

6 of the Center; and 

7 ‘‘(3) in coordination with the Secretary of De8 fense, the Director of National Intelligence, the Sec9 retary of State, and the Attorney General, develop 

10 information sharing pilot programs with inter11 national partners of the United States. 

12 ‘‘SEC. 247. PRIVATE SECTOR ASSISTANCE. 

13 ‘‘(a) IN GENERAL.—The Director, in consultation 

14 with the Director of the National Institute of Standards 

15 and Technology, the Director of the National Security 

16 Agency, the head of any relevant sector-specific agency, 

17 the National Cybersecurity Advisory Council, State and 

18 local governments, and any private entities the Director 

19 determines appropriate, shall establish a program to pro20 mote, and provide technical assistance authorized under 

21 section 242(f)(1)(S) relating to the implementation of, 

22 best practices and related standards and guidelines for se23 curing the national information infrastructure, including 

24 the costs and benefits associated with the implementation 

25 of the best practices and related standards and guidelines. 


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1 ‘‘(b) ANALYSIS AND IMPROVEMENT OF STANDARDS

2 AND GUIDELINES.—For purposes of the program estab3 lished under subsection (a), the Director shall— 

4 ‘‘(1) regularly assess and evaluate cybersecurity 

5 standards and guidelines issued by private sector or6 ganizations, recognized international and domestic 

7 standards setting organizations, and Federal agen8 cies; and 

9 ‘‘(2) in coordination with the National Institute 

10 of Standards and Technology, encourage the devel11 opment of, and recommend changes to, the stand12 ards and guidelines described in paragraph (1) for 

13 securing the national information infrastructure. 

14 ‘‘(c) GUIDANCE AND TECHNICAL ASSISTANCE.— 

15 ‘‘(1) IN GENERAL.—The Director shall promote 

16 best practices and related standards and guidelines 

17 to assist owners and operators of national informa18 tion infrastructure in increasing the security of the 

19 national information infrastructure and protecting 

20 against and mitigating or remediating known 

21 vulnerabilities. 

22 ‘‘(2) REQUIREMENT.—Technical assistance pro23 vided under section 242(f)(1)(S) and best practices 

24 promoted under this section shall be prioritized 

25 based on risk. 


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1 ‘‘(d) CRITERIA.—In promoting best practices or rec2 ommending changes to standards and guidelines under 

3 this section, the Director shall ensure that best practices, 

4 and related standards and guidelines— 

5 ‘‘(1) address cybersecurity in a comprehensive, 

6 risk-based manner; 

7 ‘‘(2) include consideration of the cost of imple8 menting such best practices or of implementing rec9 ommended changes to standards and guidelines; 

10 ‘‘(3) increase the ability of the owners or opera11 tors of national information infrastructure to protect 

12 against and mitigate or remediate known 

13 vulnerabilities; 

14 ‘‘(4) are suitable, as appropriate, for implemen15 tation by small business concerns; 

16 ‘‘(5) as necessary and appropriate, are sector 

17 specific; 

18 ‘‘(6) to the maximum extent possible, incor19 porate standards and guidelines established by pri20 vate sector organizations, recognized international 

21 and domestic standards setting organizations, and 

22 Federal agencies; and 

23 ‘‘(7) provide sufficient flexibility to permit a 

24 range of security solutions. 


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1 ‘‘SEC. 248. CYBER VULNERABILITIES TO COVERED CRIT2 ICAL INFRASTRUCTURE. 

3 ‘‘(a) IDENTIFICATION OF CYBER

4 VULNERABILITIES.— 

5 ‘‘(1) IN GENERAL.—Based on the risk-based as6 sessments conducted under section 242(f)(1)(T)(i), 

7 the Director, in coordination with the head of the 

8 sector-specific agency with responsibility for covered 

9 critical infrastructure and the head of any Federal 

10 agency that is not a sector-specific agency with re11 sponsibilities for regulating the covered critical infra12 structure, and in consultation with the National Cy13 bersecurity Advisory Council and any private sector 

14 entity determined appropriate by the Director, shall, 

15 on a continuous and sector-by-sector basis, identify 

16 and evaluate the cyber vulnerabilities to covered crit17 ical infrastructure. 

18 ‘‘(2) FACTORS TO BE CONSIDERED.—In identi19 fying and evaluating cyber vulnerabilities under 

20 paragraph (1), the Director shall consider— 

21 ‘‘(A) the perceived threat, including a con22 sideration of adversary capabilities and intent, 

23 preparedness, target attractiveness, and deter24 rence capabilities; 

25 ‘‘(B) the potential extent and likelihood of 

26 death, injury, or serious adverse effects to 


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1 human health and safety caused by a disruption 

2 of the reliable operation of covered critical in3 frastructure; 

4 ‘‘(C) the threat to or potential impact on 

5 national security caused by a disruption of the 

6 reliable operation of covered critical infrastruc7 ture; 

8 ‘‘(D) the extent to which the disruption of 

9 the reliable operation of covered critical infra10 structure will disrupt the reliable operation of 

11 other covered critical infrastructure; 

12 ‘‘(E) the potential for harm to the econ13 omy that would result from a disruption of the 

14 reliable operation of covered critical infrastruc15 ture; and 

16 ‘‘(F) other risk-based security factors that 

17 the Director, in consultation with the head of 

18 the sector-specific agency with responsibility for 

19 the covered critical infrastructure and the head 

20 of any Federal agency that is not a sector-spe21 cific agency with responsibilities for regulating 

22 the covered critical infrastructure, determine to 

23 be appropriate and necessary to protect public 

24 health and safety, critical infrastructure, or na25 tional and economic security. 


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1 ‘‘(3) REPORT.— 

2 ‘‘(A) IN GENERAL.—Not later than 180 

3 days after the date of enactment of this sub4 title, and annually thereafter, the Director, in 

5 coordination with the head of the sector-specific 

6 agency with responsibility for the covered crit7 ical infrastructure and the head of any Federal 

8 agency that is not a sector-specific agency with 

9 responsibilities for regulating the covered crit10 ical infrastructure, shall submit to the appro11 priate committees of Congress a report on the 

12 findings of the identification and evaluation of 

13 cyber vulnerabilities under this subsection. 

14 Each report submitted under this paragraph 

15 shall be submitted in an unclassified form, but 

16 may include a classified annex. 

17 ‘‘(B) INPUT.—For purposes of the reports 

18 required under subparagraph (A), the Director 

19 shall create a process under which owners and 

20 operators of covered critical infrastructure may 

21 provide input on the findings of the reports. 

22 ‘‘(b) RISK-BASED PERFORMANCE REQUIREMENTS.— 

23 ‘‘(1) IN GENERAL.—Not later than 270 days 

24 after the date of the enactment of this subtitle, in 

25 coordination with the heads of the sector-specific 


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1 agencies with responsibility for covered critical infra2 structure and the head of any Federal agency that 

3 is not a sector-specific agency with responsibilities 

4 for regulating the covered critical infrastructure, and 

5 in consultation with the National Cybersecurity Ad6 visory Council and any private sector entity deter7 mined appropriate by the Director, the Director 

8 shall issue interim final regulations establishing risk9 based security performance requirements to secure 

10 covered critical infrastructure against cyber 

11 vulnerabilities through the adoption of security 

12 measures that satisfy the security performance re13 quirements identified by the Director. 

14 ‘‘(2) PROCEDURES.—The regulations issued 

15 under this subsection shall— 

16 ‘‘(A) include a process under which owners 

17 and operators of covered critical infrastructure 

18 are informed of identified cyber vulnerabilities 

19 and security performance requirements de20 signed to remediate or mitigate the cyber 

21 vulnerabilities, in combination with best prac22 tices recommended under section 247; 

23 ‘‘(B) establish a process for owners and 

24 operators of covered critical infrastructure to 

25 select security measures, including any best 


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1 practices recommended under section 247, that, 

2 in combination, satisfy the security performance 

3 requirements established by the Director under 

4 this subsection; 

5 ‘‘(C) establish a process for owners and op6 erators of covered critical infrastructure to de7 velop response plans for a national cyber emer8 gency declared under section 249; and 

9 ‘‘(D) establish a process by which the Di10 rector— 

11 ‘‘(i) is notified of the security meas12 ures selected by the owner or operator of 

13 covered critical infrastructure under sub14 paragraph (B); and 

15 ‘‘(ii) may determine whether the pro16 posed security measures satisfy the secu17 rity performance requirements established 

18 by the Director under this subsection. 

19 ‘‘(3) INTERNATIONAL COOPERATION ON SECUR20 ING COVERED CRITICAL INFRASTRUCTURE.— 

21 ‘‘(A) IN GENERAL.—The Director, in co22 ordination with the head of the sector-specific 

23 agency with responsibility for covered critical 

24 infrastructure and the head of any Federal 

25 agency that is not a sector-specific agency with 


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1 responsibilities for regulating the covered crit2 ical infrastructure, shall— 

3 ‘‘(i) consistent with the protection of 

4 intelligence sources and methods and other 

5 sensitive matters, inform the owner or op6 erator of covered critical infrastructure 

7 that is located outside the United States 

8 and the government of the country in 

9 which the covered critical infrastructure is 

10 located of any cyber vulnerabilities to the 

11 covered critical infrastructure; and 

12 ‘‘(ii) coordinate with the government 

13 of the country in which the covered critical 

14 infrastructure is located and, as appro15 priate, the owner or operator of the cov16 ered critical infrastructure, regarding the 

17 implementation of security measures or 

18 other measures to the covered critical in19 frastructure to mitigate or remediate cyber 

20 vulnerabilities. 

21 ‘‘(B) INTERNATIONAL AGREEMENTS.—The 

22 Director shall carry out the this paragraph in 

23 a manner consistent with applicable inter24 national agreements. 


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1 ‘‘(4) RISK-BASED SECURITY PERFORMANCE RE2 QUIREMENTS.— 

3 ‘‘(A) IN GENERAL.—The security perform4 ance requirements established by the Director 

5 under this subsection shall be— 

6 ‘‘(i) based on the factors listed in sub7 section (a)(2); and 

8 ‘‘(ii) designed to remediate or mitigate 

9 identified cyber vulnerabilities and any as10 sociated consequences of an exploitation 

11 based on such vulnerabilities. 

12 ‘‘(B) CONSULTATION.—In establishing se13 curity performance requirements under this 

14 subsection, the Director shall, to the maximum 

15 extent practicable, consult with— 

16 ‘‘(i) the Director of the National Se17 curity Agency; 

18 ‘‘(ii) the Director of the National In19 stitute of Standards and Technology; 

20 ‘‘(iii) the National Cybersecurity Advi21 sory Council; 

22 ‘‘(iv) the heads of sector-specific agen23 cies; and 

24 ‘‘(v) the heads of Federal agencies 

25 that are not a sector-specific agency with 


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1 responsibilities for regulating the covered 

2 critical infrastructure. 

3 ‘‘(C) ALTERNATIVE MEASURES.— 

4 ‘‘(i) IN GENERAL.—The owners and 

5 operators of covered critical infrastructure 

6 shall have flexibility to implement any se7 curity measure, or combination thereof, to 

8 satisfy the security performance require9 ments described in subparagraph (A) and 

10 the Director may not disapprove under this 

11 section any proposed security measures, or 

12 combination thereof, based on the presence 

13 or absence of any particular security meas14 ure if the proposed security measures, or 

15 combination thereof, satisfy the security 

16 performance requirements established by 

17 the Director under this section. 

18 ‘‘(ii) RECOMMENDED SECURITY MEAS19 URES.—The Director may recommend to 

20 an owner and operator of covered critical 

21 infrastructure a specific security measure, 

22 or combination thereof, that will satisfy the 

23 security performance requirements estab24 lished by the Director. The absence of the 

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1 bination thereof, may not serve as the 

2 basis for a disapproval of the security 

3 measure, or combination thereof, proposed 

4 by the owner or operator of covered critical 

5 infrastructure if the proposed security 

6 measure, or combination thereof, otherwise 

7 satisfies the security performance require8 ments established by the Director under 

9 this section. 

10 ‘‘SEC. 249. NATIONAL CYBER EMERGENCIES. 

11 ‘‘(a) DECLARATION.— 

12 ‘‘(1) IN GENERAL.—The President may issue a 

13 declaration of a national cyber emergency to covered 

14 critical infrastructure. Any declaration under this 

15 section shall specify the covered critical infrastruc16 ture subject to the national cyber emergency. 

17 ‘‘(2) NOTIFICATION.—Upon issuing a declara18 tion under paragraph (1), the President shall, con19 sistent with the protection of intelligence sources 

20 and methods, notify the owners and operators of the 

21 specified covered critical infrastructure of the nature 

22 of the national cyber emergency. 

23 ‘‘(3) AUTHORITIES.—If the President issues a 

24 declaration under paragraph (1), the Director 

25 shall— 


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1 ‘‘(A) immediately direct the owners and 

2 operators of covered critical infrastructure sub3 ject to the declaration under paragraph (1) to 

4 implement response plans required under sec5 tion 248(b)(2)(C); 

6 ‘‘(B) develop and coordinate emergency 

7 measures or actions necessary to preserve the 

8 reliable operation, and mitigate or remediate 

9 the consequences of the potential disruption, of 

10 covered critical infrastructure; 

11 ‘‘(C) ensure that emergency measures or 

12 actions directed under this section represent the 

13 least disruptive means feasible to the operations 

14 of the covered critical infrastructure; 

15 ‘‘(D) subject to subsection (f), direct ac16 tions by other Federal agencies to respond to 

17 the national cyber emergency; 

18 ‘‘(E) coordinate with officials of State and 

19 local governments, international partners of the 

20 United States, and private owners and opera21 tors of covered critical infrastructure specified 

22 in the declaration to respond to the national 

23 cyber emergency; 


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1 ‘‘(F) initiate a process under section 248 

2 to address the cyber vulnerability that may be 

3 exploited by the national cyber emergency; and 

4 ‘‘(G) provide voluntary technical assist5 ance, if requested, under section 242(f)(1)(S). 

6 ‘‘(4) REIMBURSEMENT.—A Federal agency 

7 shall be reimbursed for expenditures under this sec8 tion from funds appropriated for the purposes of 

9 this section. Any funds received by a Federal agency 

10 as reimbursement for services or supplies furnished 

11 under the authority of this section shall be deposited 

12 to the credit of the appropriation or appropriations 

13 available on the date of the deposit for the services 

14 or supplies. 

15 ‘‘(5) CONSULTATION.—In carrying out this sec16 tion, the Director shall consult with the Secretary, 

17 the Secretary of Defense, the Director of the Na18 tional Security Agency, the Director of the National 

19 Institute of Standards and Technology, and any 

20 other official, as directed by the President. 

21 ‘‘(6) PRIVACY.—In carrying out this section, 

22 the Director shall ensure that the privacy and civil 

23 liberties of United States persons are protected. 

24 ‘‘(b) DISCONTINUANCE OF EMERGENCY MEAS25 URES.— 


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1 ‘‘(1) IN GENERAL.—Any emergency measure or 

2 action developed under this section shall cease to 

3 have effect not later than 30 days after the date on 

4 which the President issued the declaration of a na5 tional cyber emergency, unless— 

6 ‘‘(A) the Director affirms in writing that 

7 the emergency measure or action remains nec8 essary to address the identified national cyber 

9 emergency; and 

10 ‘‘(B) the President issues a written order 

11 or directive reaffirming the national cyber 

12 emergency, the continuing nature of the na13 tional cyber emergency, or the need to continue 

14 the adoption of the emergency measure or ac15 tion. 

16 ‘‘(2) EXTENSIONS.—An emergency measure or 

17 action extended in accordance with paragraph (1) 

18 may— 

19 ‘‘(A) remain in effect for not more than 30 

20 days after the date on which the emergency 

21 measure or action was to cease to have effect; 

22 and 

23 ‘‘(B) be extended for additional 30-day pe24 riods, if the requirements of paragraph (1) and 

25 subsection (d) are met. 


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1 ‘‘(c) COMPLIANCE WITH EMERGENCY MEASURES.— 

2 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

3 the owner or operator of covered critical infrastruc4 ture shall immediately comply with any emergency 

5 measure or action developed by the Director under 

6 this section during the pendency of any declaration 

7 by the President under subsection (a)(1) or an ex8 tension under subsection (b)(2). 

9 ‘‘(2) ALTERNATIVE MEASURES.—If the Director 

10 determines that a proposed security measure, or any 

11 combination thereof, submitted by the owner or op12 erator of covered critical infrastructure in accord13 ance with the process established under section 

14 248(b)(2) addresses the cyber vulnerability associ15 ated with the national cyber emergency that is the 

16 subject of the declaration under this section, the 

17 owner or operator may comply with paragraph (1) of 

18 this subsection by implementing the proposed secu19 rity measure, or combination thereof, approved by 

20 the Director under the process established under 

21 section 248. Before submission of a proposed secu22 rity measure, or combination thereof, and during the 

23 pendency of any review by the Director under the 

24 process established under section 248, the owner or 

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1 main in compliance with any emergency measure or 

2 action developed by the Director under this section 

3 during the pendency of any declaration by the Presi4 dent under subsection (a)(1) or an extension under 

5 subsection (b)(2), until such time as the Director 

6 has approved an alternative proposed security meas7 ure, or combination thereof, under this paragraph. 

8 ‘‘(3) INTERNATIONAL COOPERATION ON NA9 TIONAL CYBER EMERGENCIES.— 

10 ‘‘(A) IN GENERAL.—The Director, in co11 ordination with the head of the sector-specific 

12 agency with responsibility for covered critical 

13 infrastructure and the head of any Federal 

14 agency that is not a sector-specific agency with 

15 responsibilities for regulating the covered crit16 ical infrastructure, shall— 

17 ‘‘(i) consistent with the protection of 

18 intelligence sources and methods and other 

19 sensitive matters, inform the owner or op20 erator of covered critical infrastructure 

21 that is located outside of the United States 

22 and the government of the country in 

23 which the covered critical infrastructure is 

24 located of any national cyber emergency 


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1 affecting the covered critical infrastruc2 ture; and 

3 ‘‘(ii) coordinate with the government 

4 of the country in which the covered critical 

5 infrastructure is located and, as appro6 priate, the owner or operator of the cov7 ered critical infrastructure, regarding the 

8 implementation of emergency measures or 

9 actions necessary to preserve the reliable 

10 operation, and mitigate or remediate the 

11 consequences of the potential disruption, of 

12 the covered critical infrastructure. 

13 ‘‘(B) INTERNATIONAL AGREEMENTS.—The 

14 Director shall carry out this paragraph in a 

15 manner consistent with applicable international 

16 agreements. 

17 ‘‘(4) LIMITATION ON COMPLIANCE AUTHOR18 ITY.—The authority to direct compliance with an 

19 emergency measure or action under this section shall 

20 not authorize the Director, the Center, the Depart21 ment, or any other Federal entity to compel the dis22 closure of information or conduct surveillance unless 

23 otherwise authorized under chapter 119, chapter 

24 121, or chapter 206 of title 18, United States Code, 

25 the Foreign Intelligence Surveillance Act of 1978 


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1 (50 U.S.C. 1801 et seq.), or any other provision of 

2 law. 

3 ‘‘(d) REPORTING.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), the President shall ensure that any dec6 laration under subsection (a)(1) or any extension 

7 under subsection (b)(2) is reported to the appro8 priate committees of Congress before the Director 

9 mandates any emergency measure or actions under 

10 subsection (a)(3). 

11 ‘‘(2) EXCEPTION.—If notice cannot be given 

12 under paragraph (1) before mandating any emer13 gency measure or actions under subsection (a)(3), 

14 the President shall provide the report required under 

15 paragraph (1) as soon as possible, along with a 

16 statement of the reasons for not providing notice in 

17 accordance with paragraph (1). 

18 ‘‘(3) CONTENTS.—Each report under this sub19 section shall describe— 

20 ‘‘(A) the nature of the national cyber 

21 emergency; 

22 ‘‘(B) the reasons that risk-based security 

23 requirements under section 248 are not suffi24 cient to address the national cyber emergency; 

25 and 


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1 ‘‘(C) the actions necessary to preserve the 

2 reliable operation and mitigate the con3 sequences of the potential disruption of covered 

4 critical infrastructure. 

5 ‘‘(e) STATUTORY DEFENSES AND CIVIL LIABILITY

6 LIMITATIONS FOR COMPLIANCE WITH EMERGENCY

7 MEASURES.— 

8 ‘‘(1) DEFINITIONS.—In this subsection— 

9 ‘‘(A) the term ‘covered civil action’— 

10 ‘‘(i) means a civil action filed in a 

11 Federal or State court against a covered 

12 entity; and 

13 ‘‘(ii) does not include an action 

14 brought under section 2520 or 2707 of 

15 title 18, United States Code, or section 

16 110 or 308 of the Foreign Intelligence 

17 Surveillance Act of 1978 (50 U.S.C. 1810 

18 and 1828); 

19 ‘‘(B) the term ‘covered entity’ means any 

20 entity that owns or operates covered critical in21 frastructure, including any owner, operator, of22 ficer, employee, agent, landlord, custodian, or 

23 other person acting for or on behalf of that en24 tity with respect to the covered critical infra25 structure; and 


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1 ‘‘(C) the term ‘noneconomic damages’ 

2 means damages for losses for physical and emo3 tional pain, suffering, inconvenience, physical 

4 impairment, mental anguish, disfigurement, loss 

5 of enjoyment of life, loss of society and compan6 ionship, loss of consortium, hedonic damages, 

7 injury to reputation, and any other nonpecu8 niary losses. 

9 ‘‘(2) APPLICATION OF LIMITATIONS ON CIVIL

10 LIABILITY.—The limitations on civil liability under 

11 paragraph (3) apply if— 

12 ‘‘(A) the President has issued a declaration 

13 of national cyber emergency under subsection 

14 (a)(1); 

15 ‘‘(B) the Director has— 

16 ‘‘(i) issued emergency measures or ac17 tions for which compliance is required 

18 under subsection (c)(1); or 

19 ‘‘(ii) approved security measures 

20 under subsection (c)(2); 

21 ‘‘(C) the covered entity is in compliance 

22 with— 

23 ‘‘(i) the emergency measures or ac24 tions required under subsection (c)(1); or 


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1 ‘‘(ii) security measures which the Di2 rector has approved under subsection 

3 (c)(2); and 

4 ‘‘(D)(i) the Director certifies to the court 

5 in which the covered civil action is pending that 

6 the actions taken by the covered entity during 

7 the period covered by the declaration under 

8 subsection (a)(1) were consistent with— 

9 ‘‘(I) emergency measures or actions 

10 for which compliance is required under 

11 subsection (c)(1); or 

12 ‘‘(II) security measures which the Di13 rector has approved under subsection 

14 (c)(2); or 

15 ‘‘(ii) notwithstanding the lack of a certifi16 cation, the covered entity demonstrates by a 

17 preponderance of the evidence that the actions 

18 taken during the period covered by the declara19 tion under subsection (a)(1) are consistent with 

20 the implementation of— 

21 ‘‘(I) emergency measures or actions 

22 for which compliance is required under 

23 subsection (c)(1); or 


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1 ‘‘(II) security measures which the Di2 rector has approved under subsection 

3 (c)(2). 

4 ‘‘(3) LIMITATIONS ON CIVIL LIABILITY.—In any 

5 covered civil action that is related to any incident as6 sociated with a cyber vulnerability covered by a dec7 laration of a national cyber emergency and for which 

8 Director has issued emergency measures or actions 

9 for which compliance is required under subsection 

10 (c)(1) or for which the Director has approved secu11 rity measures under subsection (c)(2), or that is the 

12 direct consequence of actions taken in good faith for 

13 the purpose of implementing security measures or 

14 actions which the Director has approved under sub15 section (c)(2)— 

16 ‘‘(A) the covered entity shall not be liable 

17 for any punitive damages intended to punish or 

18 deter, exemplary damages, or other damages 

19 not intended to compensate a plaintiff for ac20 tual losses; and 

21 ‘‘(B) noneconomic damages may be award22 ed against a defendant only in an amount di23 rectly proportional to the percentage of respon24 sibility of such defendant for the harm to the 

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1 economic damages unless the plaintiff suffered 

2 physical harm. 

3 ‘‘(4) CIVIL ACTIONS ARISING OUT OF IMPLE4 MENTATION OF EMERGENCY MEASURES OR AC5 TIONS.—A covered civil action may not be main6 tained against a covered entity that is the direct 

7 consequence of actions taken in good faith for the 

8 purpose of implementing specific emergency meas9 ures or actions for which compliance is required 

10 under subsection (c)(1), if— 

11 ‘‘(A) the President has issued a declaration 

12 of national cyber emergency under subsection 

13 (a)(1) and the action was taken during the pe14 riod covered by that declaration; 

15 ‘‘(B) the Director has issued emergency 

16 measures or actions for which compliance is re17 quired under subsection (c)(1); 

18 ‘‘(C) the covered entity is in compliance 

19 with the emergency measures required under 

20 subsection (c)(1); and 

21 ‘‘(D)(i) the Director certifies to the court 

22 in which the covered civil action is pending that 

23 the actions taken by the entity during the pe24 riod covered by the declaration under subsection 

25 (a)(1) were consistent with the implementation 


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1 of emergency measures or actions for which 

2 compliance is required under subsection (c)(1); 

3 or 

4 ‘‘(ii) notwithstanding the lack of a certifi5 cation, the entity demonstrates by a preponder6 ance of the evidence that the actions taken dur7 ing the period covered by the declaration under 

8 subsection (a)(1) are consistent with the imple9 mentation of emergency measures or actions for 

10 which compliance is required under subsection 

11 (c)(1). 

12 ‘‘(5) CERTAIN ACTIONS NOT SUBJECT TO LIMI13 TATIONS ON LIABILITY.— 

14 ‘‘(A) ADDITIONAL OR INTERVENING

15 ACTS.—Paragraphs (2) through (4) shall not 

16 apply to a civil action relating to any additional 

17 or intervening acts or omissions by any covered 

18 entity. 

19 ‘‘(B) SERIOUS OR SUBSTANTIAL DAM20 AGE.—Paragraph (4) shall not apply to any 

21 civil action brought by an individual— 

22 ‘‘(i) whose recovery is otherwise pre23 cluded by application of paragraph (4); 

24 and 

25 ‘‘(ii) who has suffered— 


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1 ‘‘(I) serious physical injury or 

2 death; or 

3 ‘‘(II) substantial damage or de4 struction to his primary residence. 

5 ‘‘(C) RULE OF CONSTRUCTION.—Recovery 

6 available under subparagraph (B) shall be lim7 ited to those damages available under subpara8 graphs (A) and (B) of paragraph (3), except 

9 that neither reasonable and necessary medical 

10 benefits nor lifetime total benefits for lost em11 ployment income due to permanent and total 

12 disability shall be limited herein. 

13 ‘‘(D) INDEMNIFICATION.—In any civil ac14 tion brought under subparagraph (B), the 

15 United States shall defend and indemnify any 

16 covered entity. Any covered entity defended and 

17 indemnified under this subparagraph shall fully 

18 cooperate with the United States in the defense 

19 by the United States in any proceeding and 

20 shall be reimbursed the reasonable costs associ21 ated with such cooperation. 

22 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to— 

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1 rector of National Intelligence in responding to a na2 tional cyber emergency; or 

3 ‘‘(2) limit the authority of the Director under 

4 section 248, after a declaration issued under this 

5 section expires. 

6 ‘‘SEC. 250. ENFORCEMENT. 

7 ‘‘(a) ANNUAL CERTIFICATION OF COMPLIANCE.— 

8 ‘‘(1) IN GENERAL.—Not later than 6 months 

9 after the date on which the Director promulgates 

10 regulations under section 248(b), and every year 

11 thereafter, each owner or operator of covered critical 

12 infrastructure shall certify in writing to the Director 

13 whether the owner or operator has developed and 

14 implemented, or is implementing, security measures 

15 approved by the Director under section 248 and any 

16 applicable emergency measures or actions required 

17 under section 249 for any cyber vulnerabilities and 

18 national cyber emergencies. 

19 ‘‘(2) FAILURE TO COMPLY.—If an owner or op20 erator of covered critical infrastructure fails to sub21 mit a certification in accordance with paragraph (1), 

22 or if the certification indicates the owner or operator 

23 is not in compliance, the Director may issue an 

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1 ply with specific emergency measures or actions 

2 under section 249. 

3 ‘‘(b) RISK-BASED EVALUATIONS.— 

4 ‘‘(1) IN GENERAL.—Consistent with the factors 

5 described in paragraph (3), the Director may per6 form an evaluation of the information infrastructure 

7 of any specific system or asset constituting covered 

8 critical infrastructure to assess the validity of a cer9 tification of compliance submitted under subsection 

10 (a)(1). 

11 ‘‘(2) DOCUMENT REVIEW AND INSPECTION.— 

12 An evaluation performed under paragraph (1) may 

13 include— 

14 ‘‘(A) a review of all documentation sub15 mitted to justify an annual certification of com16 pliance submitted under subsection (a)(1); and 

17 ‘‘(B) a physical or electronic inspection of 

18 relevant information infrastructure to which the 

19 security measures required under section 248 or 

20 the emergency measures or actions required 

21 under section 249 apply. 

22 ‘‘(3) EVALUATION SELECTION FACTORS.—In 

23 determining whether sufficient risk exists to justify 

24 an evaluation under this subsection, the Director 

25 shall consider— 


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1 ‘‘(A) the specific cyber vulnerabilities af2 fecting or potentially affecting the information 

3 infrastructure of the specific system or asset 

4 constituting covered critical infrastructure; 

5 ‘‘(B) any reliable intelligence or other in6 formation indicating a cyber vulnerability or 

7 credible national cyber emergency to the infor8 mation infrastructure of the specific system or 

9 asset constituting covered critical infrastruc10 ture; 

11 ‘‘(C) actual knowledge or reasonable sus12 picion that the certification of compliance sub13 mitted by a specific owner or operator of cov14 ered critical infrastructure is false or otherwise 

15 inaccurate; 

16 ‘‘(D) a request by a specific owner or oper17 ator of covered critical infrastructure for such 

18 an evaluation; and 

19 ‘‘(E) such other risk-based factors as iden20 tified by the Director. 

21 ‘‘(4) SECTOR-SPECIFIC AGENCIES.—To carry 

22 out the risk-based evaluation authorized under this 

23 subsection, the Director may use the resources of a 

24 sector-specific agency with responsibility for the cov25 ered critical infrastructure or any Federal agency 


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1 that is not a sector-specific agency with responsibil2 ities for regulating the covered critical infrastructure 

3 with the concurrence of the head of the agency. 

4 ‘‘(5) INFORMATION PROTECTION.—Information 

5 provided to the Director during the course of an 

6 evaluation under this subsection shall be protected 

7 from disclosure in accordance with section 251. 

8 ‘‘(c) CIVIL PENALTIES.— 

9 ‘‘(1) IN GENERAL.—Any person who violates 

10 section 248 or 249 shall be liable for a civil penalty. 

11 ‘‘(2) NO PRIVATE RIGHT OF ACTION.—Nothing 

12 in this section confers upon any person, except the 

13 Director, a right of action against an owner or oper14 ator of covered critical infrastructure to enforce any 

15 provision of this subtitle. 

16 ‘‘(d) LIMITATION ON CIVIL LIABILITY.— 

17 ‘‘(1) DEFINITION.—In this subsection— 

18 ‘‘(A) the term ‘covered civil action’— 

19 ‘‘(i) means a civil action filed in a 

20 Federal or State court against a covered 

21 entity; and 

22 ‘‘(ii) does not include an action 

23 brought under section 2520 or 2707 of 

24 title 18, United States Code, or section 

25 110 or 308 of the Foreign Intelligence 


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1 Surveillance Act of 1978 (50 U.S.C. 1810 

2 and 1828); 

3 ‘‘(B) the term ‘covered entity’ means any 

4 entity that owns or operates covered critical in5 frastructure, including any owner, operator, of6 ficer, employee, agent, landlord, custodian, or 

7 other person acting for or on behalf of that en8 tity with respect to the covered critical infra9 structure; and 

10 ‘‘(C) the term ‘noneconomic damages’ 

11 means damages for losses for physical and emo12 tional pain, suffering, inconvenience, physical 

13 impairment, mental anguish, disfigurement, loss 

14 of enjoyment of life, loss of society and compan15 ionship, loss of consortium, hedonic damages, 

16 injury to reputation, and any other nonpecu17 niary losses. 

18 ‘‘(2) LIMITATIONS ON CIVIL LIABILITY.—If a 

19 covered entity experiences an incident related to a 

20 cyber vulnerability identified under section 248(a), 

21 in any covered civil action for damages directly 

22 caused by the incident related to that cyber vulner23 ability— 

24 ‘‘(A) the covered entity shall not be liable 

25 for any punitive damages intended to punish or 


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1 deter, exemplary damages, or other damages 

2 not intended to compensate a plaintiff for ac3 tual losses; and 

4 ‘‘(B) noneconomic damages may be award5 ed against a defendant only in an amount di6 rectly proportional to the percentage of respon7 sibility of such defendant for the harm to the 

8 plaintiff, and no plaintiff may recover non9 economic damages unless the plaintiff suffered 

10 physical harm. 

11 ‘‘(3) APPLICATION.—This subsection shall 

12 apply to claims made by any individual or non13 governmental entity, including claims made by a 

14 State or local government agency on behalf of such 

15 individuals or nongovernmental entities, against a 

16 covered entity— 

17 ‘‘(A) whose proposed security measures, or 

18 combination thereof, satisfy the security per19 formance requirements established under sub20 section 248(b) and have been approved by the 

21 Director; 

22 ‘‘(B) that has been evaluated under sub23 section (b) and has been found by the Director 

24 to have implemented the proposed security 

25 measures approved under section 248; and 


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1 ‘‘(C) that is in actual compliance with the 

2 approved security measures at the time of the 

3 incident related to that cyber vulnerability. 

4 ‘‘(4) LIMITATION.—This subsection shall only 

5 apply to harm directly caused by the incident related 

6 to the cyber vulnerability and shall not apply to 

7 damages caused by any additional or intervening 

8 acts or omissions by the covered entity. 

9 ‘‘(5) RULE OF CONSTRUCTION.—Except as pro10 vided under paragraph (3), nothing in this sub11 section shall be construed to abrogate or limit any 

12 right, remedy, or authority that the Federal Govern13 ment or any State or local government, or any entity 

14 or agency thereof, may possess under any law, or 

15 that any individual is authorized by law to bring on 

16 behalf of the government. 

17 ‘‘(e) REPORT TO CONGRESS.—The Director shall 

18 submit an annual report to the appropriate committees of 

19 Congress on the implementation and enforcement of the 

20 risk-based performance requirements of covered critical in21 frastructure under subsection 248(b) and this section in22 cluding— 

23 ‘‘(1) the level of compliance of covered critical 

24 infrastructure with the risk-based security perform25 ance requirements issued under section 248(b); 


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1 ‘‘(2) how frequently the evaluation authority 

2 under subsection (b) was utilized and a summary of 

3 the aggregate results of the evaluations; and 

4 ‘‘(3) any civil penalties imposed on covered crit5 ical infrastructure. 

6 ‘‘SEC. 251. PROTECTION OF INFORMATION. 

7 ‘‘(a) DEFINITION.—In this section, the term ‘covered 

8 information’— 

9 ‘‘(1) means— 

10 ‘‘(A) any information required to be sub11 mitted under sections 246, 248, and 249 to the 

12 Center by the owners and operators of covered 

13 critical infrastructure; and 

14 ‘‘(B) any information submitted to the 

15 Center under the processes and procedures es16 tablished under section 246 by State and local 

17 governments, private entities, and international 

18 partners of the United States regarding threats, 

19 vulnerabilities, and incidents affecting— 

20 ‘‘(i) the Federal information infra21 structure; 

22 ‘‘(ii) information infrastructure that is 

23 owned, operated, controlled, or licensed for 

24 use by, or on behalf of, the Department of 


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1 Defense, a military department, or another 

2 element of the intelligence community; or 

3 ‘‘(iii) the national information infra4 structure; and 

5 ‘‘(2) shall not include any information described 

6 under paragraph (1), if that information is sub7 mitted to— 

8 ‘‘(A) conceal violations of law, inefficiency, 

9 or administrative error; 

10 ‘‘(B) prevent embarrassment to a person, 

11 organization, or agency; or 

12 ‘‘(C) interfere with competition in the pri13 vate sector. 

14 ‘‘(b) VOLUNTARILY SHARED CRITICAL INFRASTRUC15 TURE INFORMATION.—Covered information submitted in 

16 accordance with this section shall be treated as voluntarily 

17 shared critical infrastructure information under section 

18 214, except that the requirement of section 214 that the 

19 information be voluntarily submitted, including the re20 quirement for an express statement, shall not be required 

21 for submissions of covered information. 

22 ‘‘(c) GUIDELINES.— 

23 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

24 the Director shall develop and issue guidelines, in 

25 consultation with the Secretary, Attorney General, 


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1 and the National Cybersecurity Advisory Council, as 

2 necessary to implement this section. 

3 ‘‘(2) REQUIREMENTS.—The guidelines devel4 oped under this section shall— 

5 ‘‘(A) consistent with section 214(e)(2)(D) 

6 and (g) and the guidelines developed under sec7 tion 246(b)(3), include provisions for informa8 tion sharing among Federal, State, and local 

9 and officials, private entities, or international 

10 partners of the United States necessary to 

11 carry out the authorities and responsibilities of 

12 the Director; 

13 ‘‘(B) be consistent, to the maximum extent 

14 possible, with policy guidance and implementa15 tion standards developed by the National Ar16 chives and Records Administration for con17 trolled unclassified information, including with 

18 respect to marking, safeguarding, dissemination 

19 and dispute resolution; and 

20 ‘‘(C) describe, with as much detail as pos21 sible, the categories and type of information en22 tities should voluntarily submit under sub23 sections (b) and (c)(1)(B) of section 246. 

24 ‘‘(d) PROCESS FOR REPORTING SECURITY PROB25 LEMS.— 


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1 ‘‘(1) ESTABLISHMENT OF PROCESS.—The Di2 rector shall establish through regulation, and provide 

3 information to the public regarding, a process by 

4 which any person may submit a report to the Sec5 retary regarding cybersecurity threats, 

6 vulnerabilities, and incidents affecting— 

7 ‘‘(A) the Federal information infrastruc8 ture; 

9 ‘‘(B) information infrastructure that is 

10 owned, operated, controlled, or licensed for use 

11 by, or on behalf of, the Department of Defense, 

12 a military department, or another element of 

13 the intelligence community; or 

14 ‘‘(C) national information infrastructure. 

15 ‘‘(2) ACKNOWLEDGMENT OF RECEIPT.—If a re16 port submitted under paragraph (1) identifies the 

17 person making the report, the Director shall respond 

18 promptly to such person and acknowledge receipt of 

19 the report. 

20 ‘‘(3) STEPS TO ADDRESS PROBLEM.—The Di21 rector shall review and consider the information pro22 vided in any report submitted under paragraph (1) 

23 and, at the sole, unreviewable discretion of the Di24 rector, determine what, if any, steps are necessary 


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1 or appropriate to address any problems or defi2 ciencies identified. 

3 ‘‘(4) DISCLOSURE OF IDENTITY.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 subparagraph (B), or with the written consent 

6 of the person, the Secretary may not disclose 

7 the identity of a person who has provided infor8 mation described in paragraph (1). 

9 ‘‘(B) REFERRAL TO THE ATTORNEY GEN10 ERAL.—The Secretary shall disclose to the At11 torney General the identity of a person de12 scribed under subparagraph (A) if the matter is 

13 referred to the Attorney General for enforce14 ment. The Director shall provide reasonable ad15 vance notice to the affected person if disclosure 

16 of that person’s identity is to occur, unless such 

17 notice would risk compromising a criminal or 

18 civil enforcement investigation or proceeding. 

19 ‘‘(e) RULES OF CONSTRUCTION.—Nothing in this 

20 section shall be construed to— 

21 ‘‘(1) limit or otherwise affect the right, ability, 

22 duty, or obligation of any entity to use or disclose 

23 any information of that entity, including in the con24 duct of any judicial or other proceeding; 


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1 ‘‘(2) prevent the classification of information 

2 submitted under this section if that information 

3 meets the standards for classification under Execu4 tive Order 12958 or any successor of that order; 

5 ‘‘(3) limit the right of an individual to make 

6 any disclosure— 

7 ‘‘(A) protected or authorized under section 

8 2302(b)(8) or 7211 of title 5, United States 

9 Code; 

10 ‘‘(B) to an appropriate official of informa11 tion that the individual reasonably believes evi12 dences a violation of any law, rule, or regula13 tion, gross mismanagement, or substantial and 

14 specific danger to public health, safety, or secu15 rity, and that is protected under any Federal or 

16 State law (other than those referenced in sub17 paragraph (A)) that shields the disclosing indi18 vidual against retaliation or discrimination for 

19 having made the disclosure if such disclosure is 

20 not specifically prohibited by law and if such in21 formation is not specifically required by Execu22 tive order to be kept secret in the interest of 

23 national defense or the conduct of foreign af24 fairs; or 


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1 ‘‘(C) to the Special Counsel, the inspector 

2 general of an agency, or any other employee 

3 designated by the head of an agency to receive 

4 similar disclosures; 

5 ‘‘(4) prevent the Director from using informa6 tion required to be submitted under sections 246, 

7 248, or 249 for enforcement of this subtitle, includ8 ing enforcement proceedings subject to appropriate 

9 safeguards; 

10 ‘‘(5) authorize information to be withheld from 

11 Congress, the Government Accountability Office, or 

12 Inspector General of the Department; or 

13 ‘‘(6) create a private right of action for enforce14 ment of any provision of this section. 

15 ‘‘(f) AUDIT.— 

16 ‘‘(1) IN GENERAL.—Not later than 1 year after 

17 the date of enactment of the Protecting Cyberspace 

18 as a National Asset Act of 2010, the Inspector Gen19 eral of the Department shall conduct an audit of the 

20 management of information submitted under sub21 section (b) and report the findings to appropriate 

22 committees of Congress. 

23 ‘‘(2) CONTENTS.—The audit under paragraph 

24 (1) shall include assessments of— 


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1 ‘‘(A) whether the information is adequately 

2 safeguarded against inappropriate disclosure; 

3 ‘‘(B) the processes for marking and dis4 seminating the information and resolving any 

5 disputes; 

6 ‘‘(C) how the information is used for the 

7 purposes of this section, and whether that use 

8 is effective; 

9 ‘‘(D) whether information sharing has been 

10 effective to fulfill the purposes of this section; 

11 ‘‘(E) whether the kinds of information sub12 mitted have been appropriate and useful, or 

13 overbroad or overnarrow; 

14 ‘‘(F) whether the information protections 

15 allow for adequate accountability and trans16 parency of the regulatory, enforcement, and 

17 other aspects of implementing this subtitle; and 

18 ‘‘(G) any other factors at the discretion of 

19 the Inspector General. 

20 ‘‘SEC. 252. SECTOR-SPECIFIC AGENCIES. 

21 ‘‘(a) IN GENERAL.—The head of each sector-specific 

22 agency and the head of any Federal agency that is not 

23 a sector-specific agency with responsibilities for regulating 

24 covered critical infrastructure shall coordinate with the 

25 Director on any activities of the sector-specific agency or 


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1 Federal agency that relate to the efforts of the agency re2 garding security or resiliency of the national information 

3 infrastructure, including critical infrastructure and cov4 ered critical infrastructure, within or under the super5 vision of the agency. 

6 ‘‘(b) DUPLICATIVE REPORTING REQUIREMENTS.— 

7 The head of each sector-specific agency and the head of 

8 any Federal agency that is not a sector-specific agency 

9 with responsibilities for regulating covered critical infra10 structure shall coordinate with the Director to eliminate 

11 and avoid the creation of duplicate reporting or compli12 ance requirements relating to the security or resiliency of 

13 the national information infrastructure, including critical 

14 infrastructure and covered critical infrastructure, within 

15 or under the supervision of the agency. 

16 ‘‘(c) REQUIREMENTS.— 

17 ‘‘(1) IN GENERAL.—To the extent that the head 

18 of each sector-specific agency and the head of any 

19 Federal agency that is not a sector-specific agency 

20 with responsibilities for regulating covered critical 

21 infrastructure has the authority to establish regula22 tions, rules, or requirements or other required ac23 tions that are applicable to the security of national 

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1 structure and covered critical infrastructure, the 

2 head of that agency shall— 

3 ‘‘(A) notify the Director in a timely fash4 ion of the intent to establish the regulations, 

5 rules, requirements, or other required actions; 

6 ‘‘(B) coordinate with the Director to en7 sure that the regulations, rules, requirements, 

8 or other required actions are consistent with, 

9 and do not conflict or impede, the activities of 

10 the Director under sections 247, 248, and 249; 

11 and 

12 ‘‘(C) in coordination with the Director, en13 sure that the regulations, rules, requirements, 

14 or other required actions are implemented, as 

15 they relate to covered critical infrastructure, in 

16 accordance with subsection (a). 

17 ‘‘(2) COORDINATION.—Coordination under 

18 paragraph (1)(B) shall include the active participa19 tion of the Director in the process for developing 

20 regulations, rules, requirements, or other required 

21 actions. 

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

23 this section shall be construed to provide additional 

24 authority for any sector-specific agency or any Fed25 eral agency that is not a sector-specific agency with 


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1 responsibilities for regulating national information 

2 infrastructure, including critical infrastructure or 

3 covered critical infrastructure, to establish standards 

4 or other measures that are applicable to the security 

5 of national information infrastructure not otherwise 

6 authorized by law. 

7 ‘‘SEC. 253. STRATEGY FOR FEDERAL CYBERSECURITY SUP8 PLY CHAIN MANAGEMENT. 

9 ‘‘(a) IN GENERAL.—The Secretary, in consultation 

10 with the Director of Cyberspace Policy, the Director, the 

11 Secretary of Defense, the Secretary of Commerce, the Sec12 retary of State, the Director of National Intelligence, the 

13 Administrator of General Services, the Administrator for 

14 Federal Procurement Policy, the other members of the 

15 Chief Information Officers Council established under sec16 tion 3603 of title 44, United States Code, the Chief Acqui17 sition Officers Council established under section 16A of 

18 the Office of Federal Procurement Policy Act (41 U.S.C. 

19 414b), the Chief Financial Officers Council established 

20 under section 302 of the Chief Financial Officers Act of 

21 1990 (31 U.S.C. 901 note), and the private sector, shall 

22 develop, periodically update, and implement a supply chain 

23 risk management strategy designed to ensure the security 

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1 mation in, disruption of operations of, interruption of com2 munications or services of, and insertion of malicious soft3 ware, engineering vulnerabilities, or otherwise corrupting 

4 software, hardware, services, or products intended for use 

5 in Federal information infrastructure. 

6 ‘‘(b) CONTENTS.—The supply chain risk manage7 ment strategy developed under subsection (a) shall— 

8 ‘‘(1) address risks in the supply chain during 

9 the entire life cycle of any part of the Federal infor10 mation infrastructure; 

11 ‘‘(2) place particular emphasis on— 

12 ‘‘(A) securing critical information systems 

13 and the Federal information infrastructure; 

14 ‘‘(B) developing processes that— 

15 ‘‘(i) incorporate all-source intelligence 

16 analysis into assessments of the supply 

17 chain for the Federal information infra18 structure; 

19 ‘‘(ii) assess risks from potential sup20 pliers providing critical components or 

21 services of the Federal information infra22 structure; 

23 ‘‘(iii) assess risks from individual 

24 components, including all subcomponents, 


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1 or software used in or affecting the Fed2 eral information infrastructure; 

3 ‘‘(iv) manage the quality, configura4 tion, and security of software, hardware, 

5 and systems of the Federal information in6 frastructure throughout the life cycle of 

7 the software, hardware, or system, includ8 ing components or subcomponents from 

9 secondary and tertiary sources; 

10 ‘‘(v) detect the occurrence, reduce the 

11 likelihood of occurrence, and mitigate or 

12 remediate the risks associated with prod13 ucts containing counterfeit components or 

14 malicious functions; 

15 ‘‘(vi) enhance developmental and oper16 ational test and evaluation capabilities, in17 cluding software vulnerability detection 

18 methods and automated tools that shall be 

19 integrated into acquisition policy practices 

20 by Federal agencies and, where appro21 priate, make the capabilities available for 

22 use by the private sector; and 

23 ‘‘(vii) protect the intellectual property 

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1 tion and communications technology prod2 ucts and services; 

3 ‘‘(C) the use of internationally-recognized 

4 standards and standards developed by the pri5 vate sector and developing a process, with the 

6 National Institute for Standards and Tech7 nology, to make recommendations for improve8 ments of the standards; 

9 ‘‘(D) identifying acquisition practices of 

10 Federal agencies that increase risks in the sup11 ply chain and developing a process to provide 

12 recommendations for revisions to those proc13 esses; and 

14 ‘‘(E) sharing with the private sector, to the 

15 fullest extent possible, the threats identified in 

16 the supply chain and working with the private 

17 sector to develop responses to those threats as 

18 identified; and 

19 ‘‘(3) to the extent practicable, promote the abil20 ity of Federal agencies to procure commercial off the 

21 shelf information and communications technology 

22 products and services from a diverse pool of sup23 pliers. 

24 ‘‘(c) IMPLEMENTATION.—The Federal Acquisition 

25 Regulatory Council established under section 25(a) of the 


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1 Office of Federal Procurement Policy Act (41 U.S.C. 

2 421(a)) shall— 

3 ‘‘(1) amend the Federal Acquisition Regulation 

4 issued under section 25 of that Act to— 

5 ‘‘(A) incorporate, where relevant, the sup6 ply chain risk management strategy developed 

7 under subsection (a) to improve security 

8 throughout the acquisition process; and 

9 ‘‘(B) direct that all software and hardware 

10 purchased by the Federal Government shall 

11 comply with standards developed or be inter12 operable with automated tools approved by the 

13 National Institute of Standards and Tech14 nology, to continually enhance security; and 

15 ‘‘(2) develop a clause or set of clauses for inclu16 sion in solicitations, contracts, and task and delivery 

17 orders that sets forth the responsibility of the con18 tractor under the Federal Acquisition Regulation 

19 provisions implemented under this subsection.’’. 

20 TITLE III—FEDERAL INFORMA21 TION SECURITY MANAGE22 MENT 

23 SEC. 301. COORDINATION OF FEDERAL INFORMATION POL24 ICY. 

25 (a) FINDINGS.—Congress finds that— 


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1 (1) since 2002 the Federal Government has ex2 perienced multiple high-profile incidents that re3 sulted in the theft of sensitive information amount4 ing to more than the entire print collection con5 tained in the Library of Congress, including person6 ally identifiable information, advanced scientific re7 search, and prenegotiated United States diplomatic 

8 positions; and 

9 (2) chapter 35 of title 44, United States Code, 

10 must be amended to increase the coordination of 

11 Federal agency activities and to enhance situational 

12 awareness throughout the Federal Government using 

13 more effective enterprise-wide automated moni14 toring, detection, and response capabilities. 

15 (b) IN GENERAL.—Chapter 35 of title 44, United 

16 States Code, is amended by striking subchapters II and 

17 III and inserting the following: 

18 ‘‘SUBCHAPTER II—INFORMATION SECURITY 

19 ‘‘§ 3550. Purposes 

20 ‘‘The purposes of this subchapter are to— 

21 ‘‘(1) provide a comprehensive framework for en22 suring the effectiveness of information security con23 trols over information resources that support the 

24 Federal information infrastructure and the oper25 ations and assets of agencies; 


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1 ‘‘(2) recognize the highly networked nature of 

2 the current Federal information infrastructure and 

3 provide effective Government-wide management and 

4 oversight of the related information security risks, 

5 including coordination of information security efforts 

6 throughout the civilian, national security, and law 

7 enforcement communities; 

8 ‘‘(3) provide for development and maintenance 

9 of prioritized and risk-based security controls re10 quired to protect Federal information infrastructure 

11 and information systems; 

12 ‘‘(4) provide a mechanism for improved over13 sight of Federal agency information security pro14 grams; 

15 ‘‘(5) acknowledge that commercially developed 

16 information security products offer advanced, dy17 namic, robust, and effective information security so18 lutions, reflecting market solutions for the protection 

19 of critical information infrastructures important to 

20 the national defense and economic security of the 

21 Nation that are designed, built, and operated by the 

22 private sector; and 

23 ‘‘(6) recognize that the selection of specific 

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1 rity solutions should be left to individual agencies 

2 from among commercially developed products. 

3 ‘‘§ 3551. Definitions 

4 ‘‘(a) IN GENERAL.—Except as provided under sub5 section (b), the definitions under section 3502 shall apply 

6 to this subchapter. 

7 ‘‘(b) ADDITIONAL DEFINITIONS.—In this subchapter: 

8 ‘‘(1) The term ‘agency information infrastruc9 ture’— 

10 ‘‘(A) means information infrastructure 

11 that is owned, operated, controlled, or licensed 

12 for use by, or on behalf of, an agency, including 

13 information systems used or operated by an14 other entity on behalf of the agency; and 

15 ‘‘(B) does not include national security 

16 systems. 

17 ‘‘(2) The term ‘automated and continuous mon18 itoring’ means monitoring at a frequency and suffi19 ciency such that the data exchange requires little to 

20 no human involvement and is not interrupted; 

21 ‘‘(3) The term ‘incident’ means an occurrence 

22 that— 

23 ‘‘(A) actually or potentially jeopardizes— 

24 ‘‘(i) the information security of an in25 formation system; or 


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1 ‘‘(ii) the information the system proc2 esses, stores, or transmits; or 

3 ‘‘(B) constitutes a violation or threat of 

4 violation of security policies, security proce5 dures, or acceptable use policies. 

6 ‘‘(4) The term ‘information infrastructure’ 

7 means the underlying framework that information 

8 systems and assets rely on to process, transmit, re9 ceive, or store information electronically, including 

10 programmable electronic devices and communica11 tions networks and any associated hardware, soft12 ware, or data. 

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

14 protecting information and information systems 

15 from disruption or unauthorized access, use, disclo16 sure, modification, or destruction in order to pro17 vide— 

18 ‘‘(A) integrity, by guarding against im19 proper information modification or destruction, 

20 including by ensuring information nonrepudi21 ation and authenticity; 

22 ‘‘(B) confidentiality, by preserving author23 ized restrictions on access and disclosure, in24 cluding means for protecting personal privacy 

25 and proprietary information; and 


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1 ‘‘(C) availability, by ensuring timely and 

2 reliable access to and use of information. 

3 ‘‘(6) The term ‘information technology’ has the 

4 meaning given that term in section 11101 of title 

5 40. 

6 ‘‘(7) The term ‘management controls’ means 

7 safeguards or countermeasures for an information 

8 system that focus on the management of risk and 

9 the management of information system security. 

10 ‘‘(8)(A) The term ‘national security system’ 

11 means any information system (including any tele12 communications system) used or operated by an 

13 agency or by a contractor of an agency, or other or14 ganization on behalf of an agency— 

15 ‘‘(i) the function, operation, or use of 

16 which— 

17 ‘‘(I) involves intelligence activities; 

18 ‘‘(II) involves cryptologic activities re19 lated to national security; 

20 ‘‘(III) involves command and control 

21 of military forces; 

22 ‘‘(IV) involves equipment that is an 

23 integral part of a weapon or weapons sys24 tem; or 


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1 ‘‘(V) subject to subparagraph (B), is 

2 critical to the direct fulfillment of military 

3 or intelligence missions; or 

4 ‘‘(ii) that is protected at all times by proce5 dures established for information that have 

6 been specifically authorized under criteria es7 tablished by an Executive order or an Act of 

8 Congress to be kept classified in the interest of 

9 national defense or foreign policy. 

10 ‘‘(B) Subparagraph (A)(i)(V) does not include a 

11 system that is to be used for routine administrative 

12 and business applications (including payroll, finance, 

13 logistics, and personnel management applications). 

14 ‘‘(9) The term ‘operational controls’ means the 

15 safeguards and countermeasures for an information 

16 system that are primarily implemented and executed 

17 by individuals, not systems. 

18 ‘‘(10) The term ‘risk’ means the potential for 

19 an unwanted outcome resulting from an incident, as 

20 determined by the likelihood of the occurrence of the 

21 incident and the associated consequences, including 

22 potential for an adverse outcome assessed as a func23 tion of threats, vulnerabilities, and consequences as24 sociated with an incident. 


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1 ‘‘(11) The term ‘risk-based security’ means se2 curity commensurate with the risk and magnitude of 

3 harm resulting from the loss, misuse, or unauthor4 ized access to, or modification, of information, in5 cluding assuring that systems and applications used 

6 by the agency operate effectively and provide appro7 priate confidentiality, integrity, and availability. 

8 ‘‘(12) The term ‘security controls’ means the 

9 management, operational, and technical controls pre10 scribed for an information system to protect the in11 formation security of the system. 

12 ‘‘(13) The term ‘technical controls’ means the 

13 safeguards or countermeasures for an information 

14 system that are primarily implemented and executed 

15 by the information system through mechanism con16 tained in the hardware, software, or firmware com17 ponents of the system. 

18 ‘‘§ 3552. Authority and functions of the National Cen19 ter for Cybersecurity and Communica20 tions 

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

22 Center for Cybersecurity and Communications shall— 

23 ‘‘(1) develop, oversee the implementation of, 

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1 ly agency adoption of and compliance with standards 

2 developed under section 20 of the National Institute 

3 of Standards and Technology Act (15 U.S.C. 278g– 

4 3) and subtitle E of title II of the Homeland Secu5 rity Act of 2002; 

6 ‘‘(2) provide to agencies security controls that 

7 agencies shall be required to be implemented to miti8 gate and remediate vulnerabilities, attacks, and ex9 ploitations discovered as a result of activities re10 quired under this subchapter or subtitle E of title II 

11 of the Homeland Security Act of 2002; 

12 ‘‘(3) to the extent practicable— 

13 ‘‘(A) prioritize the policies, principles, 

14 standards, and guidelines promulgated under 

15 section 20 of the National Institute of Stand16 ards and Technology Act (15 U.S.C. 278g–3), 

17 paragraph (1), and subtitle E of title II of the 

18 Homeland Security Act of 2002, based upon 

19 the risk of an incident; and 

20 ‘‘(B) develop guidance that requires agen21 cies to monitor, including automated and con22 tinuous monitoring of, the effective implementa23 tion of policies, principles, standards, and 

24 guidelines developed under section 20 of the 

25 National Institute of Standards and Technology 


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1 Act (15 U.S.C. 278g–3), paragraph (1), and 

2 subtitle E of title II of the Homeland Security 

3 Act of 2002; 

4 ‘‘(C) ensure the effective operation of tech5 nical capabilities within the National Center for 

6 Cybersecurity and Communications to enable 

7 automated and continuous monitoring of any 

8 information collected as a result of the guidance 

9 developed under subparagraph (B) and use the 

10 information to enhance the risk-based security 

11 of the Federal information infrastructure; and 

12 ‘‘(D) ensure the effective operation of a se13 cure system that satisfies information reporting 

14 requirements under sections 3553(c) and 

15 3556(c); 

16 ‘‘(4) require agencies, consistent with the stand17 ards developed under section 20 of the National In18 stitute of Standards and Technology Act (15 U.S.C. 

19 278g–3) or paragraph (1) and the requirements of 

20 this subchapter, to identify and provide information 

21 security protections commensurate with the risk re22 sulting from the disruption or unauthorized access, 

23 use, disclosure, modification, or destruction of— 

24 ‘‘(A) information collected or maintained 

25 by or on behalf of an agency; or 


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1 ‘‘(B) information systems used or operated 

2 by an agency or by a contractor of an agency 

3 or other organization on behalf of an agency; 

4 ‘‘(5) oversee agency compliance with the re5 quirements of this subchapter, including coordi6 nating with the Office of Management and Budget 

7 to use any authorized action under section 11303 of 

8 title 40 to enforce accountability for compliance with 

9 such requirements; 

10 ‘‘(6) review, at least annually, and approve or 

11 disapprove, agency information security programs 

12 required under section 3553(b); and 

13 ‘‘(7) coordinate information security policies 

14 and procedures with the Administrator for Elec15 tronic Government and the Administrator for the 

16 Office of Information and Regulatory Affairs with 

17 related information resources management policies 

18 and procedures. 

19 ‘‘(b) NATIONAL SECURITY SYSTEMS.—The authori20 ties of the Director under this section shall not apply to 

21 national security systems. 

22 ‘‘§ 3553. Agency responsibilities 

23 ‘‘(a) IN GENERAL.—The head of each agency shall— 

24 ‘‘(1) be responsible for— 


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1 ‘‘(A) providing information security protec2 tions commensurate with the risk and mag3 nitude of the harm resulting from unauthorized 

4 access, use, disclosure, disruption, modification, 

5 or destruction of— 

6 ‘‘(i) information collected or main7 tained by or on behalf of the agency; and 

8 ‘‘(ii) agency information infrastruc9 ture; 

10 ‘‘(B) complying with the requirements of 

11 this subchapter and related policies, procedures, 

12 standards, and guidelines, including— 

13 ‘‘(i) information security require14 ments, including security controls, devel15 oped by the Director of the National Cen16 ter for Cybersecurity and Communications 

17 under section 3552, subtitle E of title II of 

18 the Homeland Security Act of 2002, or 

19 any other provision of law; 

20 ‘‘(ii) information security policies, 

21 principles, standards, and guidelines pro22 mulgated under section 20 of the National 

23 Institute of Standards and Technology Act 

24 (15 U.S.C. 278g–3) and section 

25 3552(a)(1); 


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1 ‘‘(iii) information security standards 

2 and guidelines for national security sys3 tems issued in accordance with law and as 

4 directed by the President; and 

5 ‘‘(iv) ensuring the standards imple6 mented for information systems and na7 tional security systems of the agency are 

8 complementary and uniform, to the extent 

9 practicable; 

10 ‘‘(C) ensuring that information security 

11 management processes are integrated with 

12 agency strategic and operational planning proc13 esses, including policies, procedures, and prac14 tices described in subsection (c)(1)(C); 

15 ‘‘(D) as appropriate, maintaining secure 

16 facilities that have the capability of accessing, 

17 sending, receiving, and storing classified infor18 mation; 

19 ‘‘(E) maintaining a sufficient number of 

20 personnel with security clearances, at the ap21 propriate levels, to access, send, receive and 

22 analyze classified information to carry out the 

23 responsibilities of this subchapter; and 

24 ‘‘(F) ensuring that information security 

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1 cluded in the annual performance evaluations of 

2 all managers, senior managers, senior executive 

3 service personnel, and political appointees; 

4 ‘‘(2) ensure that senior agency officials provide 

5 information security for the information and infor6 mation systems that support the operations and as7 sets under the control of those officials, including 

8 through— 

9 ‘‘(A) assessing the risk and magnitude of 

10 the harm that could result from the disruption 

11 or unauthorized access, use, disclosure, modi12 fication, or destruction of such information or 

13 information systems; 

14 ‘‘(B) determining the levels of information 

15 security appropriate to protect such information 

16 and information systems in accordance with 

17 policies, principles, standards, and guidelines 

18 promulgated under section 20 of the National 

19 Institute of Standards and Technology Act (15 

20 U.S.C. 278g–3), section 3552(a)(1), and sub21 title E of title II of the Homeland Security Act 

22 of 2002, for information security categoriza23 tions and related requirements; 


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1 ‘‘(C) implementing policies and procedures 

2 to cost effectively reduce risks to an acceptable 

3 level; 

4 ‘‘(D) periodically testing and evaluating in5 formation security controls and techniques to 

6 ensure that such controls and techniques are 

7 operating effectively; and 

8 ‘‘(E) withholding all bonus and cash 

9 awards to senior agency officials accountable 

10 for the operation of such agency information in11 frastructure that are recognized by the Chief 

12 Information Security Officer as impairing the 

13 risk-based security information, information 

14 system, or agency information infrastructure; 

15 ‘‘(3) delegate to a senior agency officer des16 ignated as the Chief Information Security Officer 

17 the authority and budget necessary to ensure and 

18 enforce compliance with the requirements imposed 

19 on the agency under this subchapter, subtitle E of 

20 title II of the Homeland Security Act of 2002, or 

21 any other provision of law, including— 

22 ‘‘(A) overseeing the establishment, mainte23 nance, and management of a security oper24 ations center that has technical capabilities that 


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1 can, through automated and continuous moni2 toring— 

3 ‘‘(i) detect, report, respond to, con4 tain, remediate, and mitigate incidents 

5 that impair risk-based security of the in6 formation, information systems, and agen7 cy information infrastructure, in accord8 ance with policy provided by the National 

9 Center for Cybersecurity and Communica10 tions; 

11 ‘‘(ii) monitor and, on a risk-based 

12 basis, mitigate and remediate the 

13 vulnerabilities of every information system 

14 within the agency information infrastruc15 ture; 

16 ‘‘(iii) continually evaluate risks posed 

17 to information collected or maintained by 

18 or on behalf of the agency and information 

19 systems and hold senior agency officials 

20 accountable for ensuring the risk-based se21 curity of such information and information 

22 systems; 

23 ‘‘(iv) collaborate with the National 

24 Center for Cybersecurity and Communica25 tions and appropriate public and private 


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1 sector security operations centers to ad2 dress incidents that impact the security of 

3 information and information systems that 

4 extend beyond the control of the agency; 

5 and 

6 ‘‘(v) report any incident described 

7 under clauses (i) and (ii), as directed by 

8 the policy of the National Center for Cy9 bersecurity and Communications or the In10 spector General of the agency; 

11 ‘‘(B) collaborating with the Administrator 

12 for E–Government and the Chief Information 

13 Officer to establish, maintain, and update an 

14 enterprise network, system, storage, and secu15 rity architecture, that can be accessed by the 

16 National Cybersecurity Communications Center 

17 and includes— 

18 ‘‘(i) information on how security con19 trols are implemented throughout the 

20 agency information infrastructure; and 

21 ‘‘(ii) information on how the controls 

22 described under subparagraph (A) main23 tain the appropriate level of confidentiality, 

24 integrity, and availability of information 

25 and information systems based on— 


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1 ‘‘(I) the policy of the National 

2 Center for Cybersecurity and Commu3 nications; and 

4 ‘‘(II) the standards or guidance 

5 developed by the National Institute of 

6 Standards and Technology; 

7 ‘‘(C) developing, maintaining, and over8 seeing an agency-wide information security pro9 gram as required by subsection (b); 

10 ‘‘(D) developing, maintaining, and over11 seeing information security policies, procedures, 

12 and control techniques to address all applicable 

13 requirements, including those issued under sec14 tion 3552; 

15 ‘‘(E) training, consistent with the require16 ments of section 406 of the Protecting Cyber17 space as a National Asset Act of 2010, and 

18 overseeing personnel with significant respon19 sibilities for information security with respect to 

20 such responsibilities; and 

21 ‘‘(F) assisting senior agency officers con22 cerning their responsibilities under paragraph 

23 (2); 

24 ‘‘(4) ensure that the Chief Information Security 

25 Officer has a sufficient number of cleared and 


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1 trained personnel with technical skills identified by 

2 the National Center for Cybersecurity and Commu3 nications as critical to maintaining the risk-based se4 curity of agency information infrastructure as re5 quired by the subchapter and other applicable laws; 

6 ‘‘(5) ensure that the agency Chief Information 

7 Security Officer, in coordination with appropriate 

8 senior agency officials, reports not less than annu9 ally to the head of the agency on the effectiveness 

10 of the agency information security program, includ11 ing progress of remedial actions; 

12 ‘‘(6) ensure that the Chief Information Security 

13 Officer— 

14 ‘‘(A) possesses necessary qualifications, in15 cluding education, professional certifications, 

16 training, experience, and the security clearance 

17 required to administer the functions described 

18 under this subchapter; and 

19 ‘‘(B) has information security duties as the 

20 primary duty of that officer; and 

21 ‘‘(7) ensure that components of that agency es22 tablish and maintain an automated reporting mecha23 nism that allows the Chief Information Security Of24 ficer with responsibility for the entire agency, and all 

25 components thereof, to implement, monitor, and hold 


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1 senior agency officers accountable for the implemen2 tation of appropriate security policies, procedures, 

3 and controls of agency components. 

4 ‘‘(b) AGENCY-WIDE INFORMATION SECURITY PRO5 GRAM.—Each agency shall develop, document, and imple6 ment an agency-wide information security program, ap7 proved by the National Center for Cybersecurity and Com8 munications under section 3552(a)(6) and consistent with 

9 components across and within agencies, to provide infor10 mation security for the information and information sys11 tems that support the operations and assets of the agency, 

12 including those provided or managed by another agency, 

13 contractor, or other source, that includes— 

14 ‘‘(1) frequent assessments, at least twice each 

15 month— 

16 ‘‘(A) of the risk and magnitude of the 

17 harm that could result from the disruption or 

18 unauthorized access, use, disclosure, modifica19 tion, or destruction of information and informa20 tion systems that support the operations and 

21 assets of the agency; and 

22 ‘‘(B) that assess whether information or 

23 information systems should be removed or mi24 grated to more secure networks or standards 

25 and make recommendations to the head of the 


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1 agency and the Director of the National Center 

2 for Cybersecurity and Communications based 

3 on that assessment; 

4 ‘‘(2) consistent with guidance developed under 

5 section 3554, vulnerability assessments and penetra6 tion tests commensurate with the risk posed to an 

7 agency information infrastructure; 

8 ‘‘(3) ensure that information security 

9 vulnerabilities are remediated or mitigated based on 

10 the risk posed to the agency; 

11 ‘‘(4) policies and procedures that— 

12 ‘‘(A) are informed and revised by the as13 sessments required under paragraphs (1) and 

14 (2); 

15 ‘‘(B) cost effectively reduce information se16 curity risks to an acceptable level; 

17 ‘‘(C) ensure that information security is 

18 addressed throughout the life cycle of each 

19 agency information system; and 

20 ‘‘(D) ensure compliance with— 

21 ‘‘(i) the requirements of this sub22 chapter; 

23 ‘‘(ii) policies and procedures pre24 scribed by the National Center for Cyber25 security and Communications; 


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1 ‘‘(iii) minimally acceptable system 

2 configuration requirements, as determined 

3 by the National Center for Cybersecurity 

4 and Communications; and 

5 ‘‘(iv) any other applicable require6 ments, including standards and guidelines 

7 for national security systems issued in ac8 cordance with law and as directed by the 

9 President; 

10 ‘‘(5) subordinate plans for providing risk-based 

11 information security for networks, facilities, and sys12 tems or groups of information systems, as appro13 priate; 

14 ‘‘(6) role-based security awareness training, 

15 consistent with the requirements of section 406 of 

16 the Protecting Cyberspace as a National Asset Act 

17 of 2010, to inform personnel with access to the 

18 agency network, including contractors and other 

19 users of information systems that support the oper20 ations and assets of the agency, of— 

21 ‘‘(A) information security risks associated 

22 with agency activities; and 

23 ‘‘(B) agency responsibilities in complying 

24 with agency policies and procedures designed to 

25 reduce those risks; 


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1 ‘‘(7) periodic testing and evaluation of the ef2 fectiveness of information security policies, proce3 dures, and practices, to be performed with a rigor 

4 and frequency depending on risk, which shall in5 clude— 

6 ‘‘(A) testing and evaluation not less than 

7 twice each year of security controls of informa8 tion collected or maintained by or on behalf of 

9 the agency and every information system identi10 fied in the inventory required under section 

11 3505(c); 

12 ‘‘(B) the effectiveness of ongoing moni13 toring, including automated and continuous 

14 monitoring, vulnerability scanning, and intru15 sion detection and prevention of incidents posed 

16 to the risk-based security of information and in17 formation systems as required under subsection 

18 (a)(3); and 

19 ‘‘(C) testing relied on in— 

20 ‘‘(i) an operational evaluation under 

21 section 3554; 

22 ‘‘(ii) an independent assessment under 

23 section 3556; or 

24 ‘‘(iii) another evaluation, to the extent 

25 specified by the Director; 


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1 ‘‘(8) a process for planning, implementing, eval2 uating, and documenting remedial action to address 

3 any deficiencies in the information security policies, 

4 procedures, and practices of the agency; 

5 ‘‘(9) procedures for detecting, reporting, and re6 sponding to incidents, consistent with requirements 

7 issued under section 3552, that include— 

8 ‘‘(A) to the extent practicable, automated 

9 and continuous monitoring of the use of infor10 mation and information systems; 

11 ‘‘(B) requirements for mitigating risks and 

12 remediating vulnerabilities associated with such 

13 incidents systemically within the agency infor14 mation infrastructure before substantial dam15 age is done; and 

16 ‘‘(C) notifying and coordinating with the 

17 National Center for Cybersecurity and Commu18 nications, as required by this subchapter, sub19 title E of title II of the Homeland Security Act 

20 of 2002, and any other provision of law; and 

21 ‘‘(10) plans and procedures to ensure continuity 

22 of operations for information systems that support 

23 the operations and assets of the agency. 

24 ‘‘(c) AGENCY REPORTING.— 

25 ‘‘(1) IN GENERAL.—Each agency shall— 


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1 ‘‘(A) ensure that information relating to 

2 the adequacy and effectiveness of information 

3 security policies, procedures, and practices, is 

4 available to the entities identified under para5 graph (2) through the system developed under 

6 section 3552(a)(3), including information relat7 ing to— 

8 ‘‘(i) compliance with the requirements 

9 of this subchapter; 

10 ‘‘(ii) the effectiveness of the informa11 tion security policies, procedures, and prac12 tices of the agency based on a determina13 tion of the aggregate effect of identified 

14 deficiencies and vulnerabilities; 

15 ‘‘(iii) an identification and analysis of 

16 any significant deficiencies identified in 

17 such policies, procedures, and practices; 

18 ‘‘(iv) an identification of any vulner19 ability that could impair the risk-based se20 curity of the agency information infra21 structure; and 

22 ‘‘(v) results of any operational evalua23 tion conducted under section 3554 and 

24 plans of action to address the deficiencies 


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1 and vulnerabilities identified as a result of 

2 such operational evaluation; 

3 ‘‘(B) follow the policy, guidance, and 

4 standards of the National Center for Cybersecu5 rity and Communications, in consultation with 

6 the Federal Information Security Taskforce, to 

7 continually update, and ensure the electronic 

8 availability of both a classified and unclassified 

9 version of the information required under sub10 paragraph (A); 

11 ‘‘(C) ensure the information under sub12 paragraph (A) addresses the adequacy and ef13 fectiveness of information security policies, pro14 cedures, and practices in plans and reports re15 lating to— 

16 ‘‘(i) annual agency budgets; 

17 ‘‘(ii) information resources manage18 ment of this subchapter; 

19 ‘‘(iii) information technology manage20 ment and procurement under this chapter 

21 or any other applicable provision of law; 

22 ‘‘(iv) subtitle E of title II of the 

23 Homeland Security Act of 2002; 

24 ‘‘(v) program performance under sec25 tions 1105 and 1115 through 1119 of title 


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1 31, and sections 2801 and 2805 of title 

2 39; 

3 ‘‘(vi) financial management under 

4 chapter 9 of title 31, and the Chief Finan5 cial Officers Act of 1990 (31 U.S.C. 501 

6 note; Public Law 101–576) (and the 

7 amendments made by that Act); 

8 ‘‘(vii) financial management systems 

9 under the Federal Financial Management 

10 Improvement Act (31 U.S.C. 3512 note); 

11 ‘‘(viii) internal accounting and admin12 istrative controls under section 3512 of 

13 title 31; and 

14 ‘‘(ix) performance ratings, salaries, 

15 and bonuses provided to the senior man16 agers and supporting personnel taking into 

17 account program performance as it relates 

18 to complying with this subchapter; and 

19 ‘‘(D) report any significant deficiency in a 

20 policy, procedure, or practice identified under 

21 subparagraph (A) or (B)— 

22 ‘‘(i) as a material weakness in report23 ing under section 3512 of title 31; and 

24 ‘‘(ii) if relating to financial manage25 ment systems, as an instance of a lack of 


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1 substantial compliance under the Federal 

2 Financial Management Improvement Act 

3 (31 U.S.C. 3512 note). 

4 ‘‘(2) ADEQUACY AND EFFECTIVENESS INFOR5 MATION.—Information required under paragraph 

6 (1)(A) shall, to the extent possible and in accordance 

7 with applicable law, policy, guidance, and standards, 

8 be available on an automated and continuous basis 

9 to— 

10 ‘‘(A) the National Center for Cybersecurity 

11 and Communications; 

12 ‘‘(B) the Committee on Homeland Security 

13 and Governmental Affairs of the Senate; 

14 ‘‘(C) the Committee on Government Over15 sight and Reform of the House of Representa16 tives; 

17 ‘‘(D) the Committee on Homeland Security 

18 of the House of Representatives; 

19 ‘‘(E) other appropriate authorization and 

20 appropriations committees of Congress; 

21 ‘‘(F) the Inspector General of the Federal 

22 agency; and 

23 ‘‘(G) the Comptroller General. 

24 ‘‘(d) INCLUSIONS IN PERFORMANCE PLANS.— 


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1 ‘‘(1) IN GENERAL.—In addition to the require2 ments of subsection (c), each agency, in consultation 

3 with the National Center for Cybersecurity and 

4 Communications, shall include as part of the per5 formance plan required under section 1115 of title 

6 31 a description of the time periods the resources, 

7 including budget, staffing, and training, that are 

8 necessary to implement the program required under 

9 subsection (b). 

10 ‘‘(2) RISK ASSESSMENTS.—The description 

11 under paragraph (1) shall be based on the risk and 

12 vulnerability assessments required under subsection 

13 (b) and evaluations required under section 3554. 

14 ‘‘(e) NOTICE AND COMMENT.—Each agency shall 

15 provide the public with timely notice and opportunities for 

16 comment on proposed information security policies and 

17 procedures to the extent that such policies and procedures 

18 affect communication with the public. 

19 ‘‘(f) MORE STRINGENT STANDARDS.—The head of 

20 an agency may employ standards for the cost effective in21 formation security for information systems within or 

22 under the supervision of that agency that are more strin23 gent than the standards the Director of the National Cen24 ter for Cybersecurity and Communications prescribes 

25 under this subchapter, subtitle E of title II of the HomeVerDate Mar 15 2010 03:25 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\S3480.IS S3480

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1 land Security Act of 2002, or any other provision of law, 

2 if the more stringent standards— 

3 ‘‘(1) contain at least the applicable standards 

4 made compulsory and binding by the Director of the 

5 National Center for Cybersecurity and Communica6 tions; and 

7 ‘‘(2) are otherwise consistent with policies and 

8 guidelines issued under section 3552. 

9 ‘‘§ 3554. Annual operational evaluation 

10 ‘‘(a) GUIDANCE.— 

11 ‘‘(1) IN GENERAL.—Each year the National 

12 Center for Cybersecurity and Communications shall 

13 oversee, coordinate, and develop guidance for the ef14 fective implementation of operational evaluations of 

15 the Federal information infrastructure and agency 

16 information security programs and practices to de17 termine the effectiveness of such program and prac18 tices. 

19 ‘‘(2) COLLABORATION IN DEVELOPMENT.—In 

20 developing guidance for the operational evaluations 

21 described under this section, the National Center for 

22 Cybersecurity and Communications shall collaborate 

23 with the Federal Information Security Taskforce 

24 and the Council of Inspectors General on Integrity 

25 and Efficiency, and other agencies as necessary, to 


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1 develop and update risk-based performance indica2 tors and measures that assess the adequacy and ef3 fectiveness of information security of an agency and 

4 the Federal information infrastructure. 

5 ‘‘(3) CONTENTS OF OPERATIONAL EVALUA6 TION.—Each operational evaluation under this sec7 tion— 

8 ‘‘(A) shall be prioritized based on risk; and 

9 ‘‘(B) shall— 

10 ‘‘(i) test the effectiveness of agency 

11 information security policies, procedures, 

12 and practices of the information systems of 

13 the agency, or a representative subset of 

14 those information systems; 

15 ‘‘(ii) assess (based on the results of 

16 the testing) compliance with— 

17 ‘‘(I) the requirements of this sub18 chapter; and 

19 ‘‘(II) related information security 

20 policies, procedures, standards, and 

21 guidelines; 

22 ‘‘(iii) evaluate whether agencies— 

23 ‘‘(I) effectively monitor, detect, 

24 analyze, protect, report, and respond 

25 to vulnerabilities and incidents; 


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1 ‘‘(II) report to and collaborate 

2 with the appropriate public and pri3 vate security operation centers, the 

4 National Center for Cybersecurity and 

5 Communications, and law enforcement 

6 agencies; and 

7 ‘‘(III) remediate or mitigate the 

8 risk posed by attacks and exploi9 tations in a timely fashion in order to 

10 prevent future vulnerabilities and inci11 dents; and 

12 ‘‘(iv) identify deficiencies of agency in13 formation security policies, procedures, and 

14 controls on the agency information infra15 structure. 

16 ‘‘(b) CONDUCT AN OPERATIONAL EVALUATION.— 

17 ‘‘(1) IN GENERAL.—Except as provided under 

18 paragraph (2), and in consultation with the Chief 

19 Information Officer and senior officials responsible 

20 for the affected systems, the Chief Information Se21 curity Officer of each agency shall not less than an22 nually— 

23 ‘‘(A) conduct an operational evaluation of 

24 the agency information infrastructure for 


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1 vulnerabilities, attacks, and exploitations of the 

2 agency information infrastructure; 

3 ‘‘(B) evaluate the ability of the agency to 

4 monitor, detect, correlate, analyze, report, and 

5 respond to incidents; and 

6 ‘‘(C) report to the head of the agency, the 

7 National Center for Cybersecurity and Commu8 nications, the Chief Information Officer, and 

9 the Inspector General for the agency the find10 ings of the operational evaluation. 

11 ‘‘(2) SATISFACTION OF REQUIREMENTS BY

12 OTHER EVALUATION.—Unless otherwise specified by 

13 the Director of the National Center for Cybersecu14 rity and Communications, if the National Center for 

15 Cybersecurity and Communications conducts an 

16 operational evaluation of the agency information in17 frastructure under section 245(b)(2)(A) of the 

18 Homeland Security Act of 2002, the Chief Informa19 tion Security Officer may deem the requirements of 

20 paragraph (1) satisfied for the year in which the 

21 operational evaluation described under this para22 graph is conducted. 

23 ‘‘(c) CORRECTIVE MEASURES MITIGATION AND RE24 MEDIATION PLANS.— 


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1 ‘‘(1) IN GENERAL.—In consultation with the 

2 National Center for Cybersecurity and Communica3 tions and the Chief Information Officer, Chief Infor4 mation Security Officers shall remediate or mitigate 

5 vulnerabilities in accordance with this subsection. 

6 ‘‘(2) RISK-BASED PLAN.—After an operational 

7 evaluation is conducted under this section or under 

8 section 245(b) of the Homeland Security Act of 

9 2002, the agency shall submit to the National Cen10 ter for Cybersecurity and Communications in a time11 ly fashion a risk-based plan for addressing rec12 ommendations and mitigating and remediating 

13 vulnerabilities identified as a result of such oper14 ational evaluation, including a timeline and budget 

15 for implementing such plan. 

16 ‘‘(3) APPROVAL OR DISAPPROVAL.—Not later 

17 than 15 days after receiving a plan submitted under 

18 paragraph (2), the National Center for Cybersecu19 rity and Communications shall— 

20 ‘‘(A) approve or disprove the agency plan; 

21 and 

22 ‘‘(B) comment on the adequacy and effec23 tiveness of the plan. 

24 ‘‘(4) ISOLATION FROM INFRASTRUCTURE.— 


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1 ‘‘(A) IN GENERAL.—The Director of the 

2 National Center for Cybersecurity and Commu3 nications may, consistent with the contingency 

4 or continuity of operation plans applicable to 

5 such agency information infrastructure, order 

6 the isolation of any component of the Federal 

7 information infrastructure from any other Fed8 eral information infrastructure, if— 

9 ‘‘(i) an agency does not implement 

10 measures in a risk-based plan approved 

11 under this subsection; and 

12 ‘‘(ii) the failure to comply presents a 

13 significant danger to the Federal informa14 tion infrastructure. 

15 ‘‘(B) DURATION.—An isolation under sub16 paragraph (A) shall remain in effect until— 

17 ‘‘(i) the Director of the National Cen18 ter for Cybersecurity and Communications 

19 determines that corrective measures have 

20 been implemented; or 

21 ‘‘(ii) an updated risk-based plan is ap22 proved by the National Center for Cyberse23 curity and Communications and imple24 mented by the agency. 


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1 ‘‘(d) OPERATIONAL GUIDANCE.—The Director of the 

2 National Center for Cybersecurity and Communications 

3 shall— 

4 ‘‘(1) not later than 180 days after the date of 

5 enactment of the Protecting Cyberspace as a Na6 tional Asset Act of 2010, develop operational guid7 ance for operational evaluations as required under 

8 this section that are risk-based and cost effective; 

9 and 

10 ‘‘(2) periodically evaluate and ensure informa11 tion is available on an automated and continuous 

12 basis through the system required under section 

13 3552(a)(3)(D) to Congress on— 

14 ‘‘(A) the adequacy and effectiveness of the 

15 operational evaluations conducted under this 

16 section or section 245(b) of the Homeland Se17 curity Act of 2002; and 

18 ‘‘(B) possible executive and legislative ac19 tions for cost-effectively managing the risks to 

20 the Federal information infrastructure. 

21 ‘‘§ 3555. Federal Information Security Taskforce 

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

23 executive branch a Federal Information Security 

24 Taskforce. 


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1 ‘‘(b) MEMBERSHIP.—The members of the Federal In2 formation Security Taskforce shall be full-time senior Gov3 ernment employees and shall be as follows: 

4 ‘‘(1) The Director of the National Center for 

5 Cybersecurity and Communications. 

6 ‘‘(2) The Administrator of the Office of Elec7 tronic Government of the Office of Management and 

8 Budget. 

9 ‘‘(3) The Chief Information Security Officer of 

10 each agency described under section 901(b) of title 

11 31. 

12 ‘‘(4) The Chief Information Security Officer of 

13 the Department of the Army, the Department of the 

14 Navy, and the Department of the Air Force. 

15 ‘‘(5) A representative from the Office of Cyber16 space Policy. 

17 ‘‘(6) A representative from the Office of the Di18 rector of National Intelligence. 

19 ‘‘(7) A representative from the United States 

20 Cyber Command. 

21 ‘‘(8) A representative from the National Secu22 rity Agency. 

23 ‘‘(9) A representative from the United States 

24 Computer Emergency Readiness Team. 


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1 ‘‘(10) A representative from the Intelligence 

2 Community Incident Response Center. 

3 ‘‘(11) A representative from the Committee on 

4 National Security Systems. 

5 ‘‘(12) A representative from the National Insti6 tute for Standards and Technology. 

7 ‘‘(13) A representative from the Council of In8 spectors General on Integrity and Efficiency. 

9 ‘‘(14) A representative from State and local 

10 government. 

11 ‘‘(15) Any other officer or employee of the 

12 United States designated by the chairperson. 

13 ‘‘(c) CHAIRPERSON AND VICE-CHAIRPERSON.— 

14 ‘‘(1) CHAIRPERSON.—The Director of the Na15 tional Center for Cybersecurity and Communications 

16 shall act as chairperson of the Federal Information 

17 Security Taskforce. 

18 ‘‘(2) VICE-CHAIRPERSON.—The vice chairperson 

19 of the Federal Information Security Taskforce 

20 shall— 

21 ‘‘(A) be selected by the Federal Informa22 tion Security Taskforce from among its mem23 bers; 

24 ‘‘(B) serve a 1-year term and may serve 

25 multiple terms; and 


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1 ‘‘(C) serve as a liaison to the Chief Infor2 mation Officer, Council of the Inspectors Gen3 eral on Integrity and Efficiency, Committee on 

4 National Security Systems, and other councils 

5 or committees as appointed by the chairperson. 

6 ‘‘(d) FUNCTIONS.—The Federal Information Security 

7 Taskforce shall— 

8 ‘‘(1) be the principal interagency forum for col9 laboration regarding best practices and recommenda10 tions for agency information security and the secu11 rity of the Federal information infrastructure; 

12 ‘‘(2) assist in the development of and annually 

13 evaluate guidance to fulfill the requirements under 

14 sections 3554 and 3556; 

15 ‘‘(3) share experiences and innovative ap16 proaches relating to threats against the Federal in17 formation infrastructure, information sharing and 

18 information security best practices, penetration test19 ing regimes, and incident response, mitigation, and 

20 remediation; 

21 ‘‘(4) promote the development and use of stand22 ard performance indicators and measures for agency 

23 information security that— 

24 ‘‘(A) are outcome-based; 

25 ‘‘(B) focus on risk management; 


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1 ‘‘(C) align with the business and program 

2 goals of the agency; 

3 ‘‘(D) measure improvements in the agency 

4 security posture over time; and 

5 ‘‘(E) reduce burdensome and efficient per6 formance indicators and measures; 

7 ‘‘(5) recommend to the Office of Personnel 

8 Management the necessary qualifications to be es9 tablished for Chief Information Security Officers to 

10 be capable of administering the functions described 

11 under this subchapter including education, training, 

12 and experience; 

13 ‘‘(6) enhance information system processes by 

14 establishing a prioritized baseline of information se15 curity measures and controls that can be continu16 ously monitored through automated mechanisms; 

17 ‘‘(7) evaluate the effectiveness and efficiency of 

18 any reporting and compliance requirements that are 

19 required by law related to the information security 

20 of Federal information infrastructure; and 

21 ‘‘(8) submit proposed enhancements developed 

22 under paragraphs (1) through (7) to the Director of 

23 the National Center for Cybersecurity and Commu24 nications. 

25 ‘‘(e) TERMINATION.— 


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1 ‘‘(1) IN GENERAL.—Except as provided under 

2 paragraph (2), the Federal Information Security 

3 Taskforce shall terminate 4 years after the date of 

4 enactment of the Protecting Cyberspace as a Na5 tional Asset Act of 2010. 

6 ‘‘(2) EXTENSION.—The President may— 

7 ‘‘(A) extend the Federal Information Secu8 rity Taskforce by executive order; and 

9 ‘‘(B) make more than 1 extension under 

10 this paragraph for any period as the President 

11 may determine. 

12 ‘‘§ 3556. Independent Assessments 

13 ‘‘(a) IN GENERAL.— 

14 ‘‘(1) INSPECTORS GENERAL ASSESSMENTS.— 

15 Not less than every 2 years, each agency with an In16 spector General appointed under the Inspector Gen17 eral Act of 1978 (5 U.S.C. App.) shall assess the 

18 adequacy and effectiveness of the information secu19 rity program developed under section 3553(b) and 

20 (c), and evaluations conducted under section 3554. 

21 ‘‘(2) INDEPENDENT ASSESSMENTS.—For each 

22 agency to which paragraph (1) does not apply, the 

23 head of the agency shall engage an independent ex24 ternal auditor to perform the assessment. 


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1 ‘‘(b) EXISTING ASSESSMENTS.—The assessments re2 quired by this section may be based in whole or in part 

3 on an audit, evaluation, or report relating to programs or 

4 practices of the applicable agency. 

5 ‘‘(c) INSPECTORS GENERAL REPORTING.—Inspectors 

6 General shall ensure information obtained as a result of 

7 the assessment required under this section, or any other 

8 relevant information, is available through the system re9 quired under section 3552(a)(3)(D) to Congress and the 

10 National Center for Cybersecurity and Communications. 

11 ‘‘§ 3557. Protection of Information 

12 ‘‘In complying with this subchapter, agencies, eval13 uators, and Inspectors General shall take appropriate ac14 tions to ensure the protection of information which, if dis15 closed, may adversely affect information security. Protec16 tions under this chapter shall be commensurate with the 

17 risk and comply with all applicable laws and regulations.’’. 

18 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 (1) TABLE OF SECTIONS.—The table of sections 

20 for chapter 35 of title 44, United States Code, is 

21 amended by striking the matter relating to sub22 chapters II and III and inserting the following: 

‘‘SUBCHAPTER II—INFORMATION SECURITY

‘‘3550. Purposes. 

‘‘3551. Definitions. 

‘‘3552. Authority and functions of the National Center for Cybersecurity and 

Communications. 

‘‘3553. Agency responsibilities. 

‘‘3554. Annual operational evaluation. 


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‘‘3555. Federal Information Security Taskforce. 

‘‘3556. Independent assessments. 

‘‘3557. Protection of information.’’. 

1 (2) OTHER REFERENCES.— 

2 (A) Section 1001(c)(1)(A) of the Home3 land Security Act of 2002 (6 U.S.C. 

4 511(c)(1)(A)) is amended by striking ‘‘section 

5 3532(3)’’ and inserting ‘‘section 3551(b)’’. 

6 (B) Section 2222(j)(6) of title 10, United 

7 States Code, is amended by striking ‘‘section 

8 3542(b)(2))’’ and inserting ‘‘section 3551(b)’’. 

9 (C) Section 2223(c)(3) of title 10, United 

10 States Code, is amended, by striking ‘‘section 

11 3542(b)(2))’’ and inserting ‘‘section 3551(b)’’. 

12 (D) Section 2315 of title 10, United States 

13 Code, is amended by striking ‘‘section 

14 3542(b)(2))’’ and inserting ‘‘section 3551(b)’’. 

15 (E) Section 20(a)(2) of the National Insti16 tute of Standards and Technology Act (15 

17 U.S.C. 278g–3) is amended by striking ‘‘section 

18 3532(b)(2)’’ and inserting ‘‘section 3551(b)’’. 

19 (F) Section 21(b)(2) of the National Insti20 tute of Standards and Technology Act (15 

21 U.S.C. 278g–4(b)(2)) is amended by striking 

22 ‘‘Institute and’’ and inserting ‘‘Institute, the 

23 Director of the National Center on Cybersecu24 rity and Communications, and’’. 


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1 (G) Section 21(b)(3) of the National Insti2 tute of Standards and Technology Act (15 

3 U.S.C. 278g–4(b)(3)) is amended by inserting 

4 ‘‘the Director of the National Center on Cyber5 security and Communications,’’ after ‘‘the Di6 rector of the National Security Agency,’’. 

7 (H) Section 8(d)(1) of the Cyber Security 

8 Research and Development Act (15 U.S.C. 

9 7406(d)(1)) is amended by striking ‘‘section 

10 3534(b)’’ and inserting ‘‘section 3553(b)’’. 

11 (3) HOMELAND SECURITY ACT OF 2002.— 

12 (A) TITLE X.—The Homeland Security 

13 Act of 2002 (6 U.S.C. 101 et seq.) is amended 

14 by striking title X. 

15 (B) TABLE OF CONTENTS.—The table of 

16 contents in section 1(b) of the Homeland Secu17 rity Act of 2002 (6 U.S.C. 101 et seq.) is 

18 amended by striking the matter relating to title 

19 X. 

20 (d) REPEAL OF OTHER STANDARDS.— 

21 (1) IN GENERAL.—Section 11331 of title 40, 

22 United States Code, is repealed. 

23 (2) TECHNICAL AND CONFORMING AMEND24 MENTS.— 


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1 (A) Section 20(c)(3) of the National Insti2 tute of Standards and Technology Act (15 

3 U.S.C. 278g–3(c)(3)) is amended by striking 

4 ‘‘under section 11331 of title 40, United States 

5 Code’’. 

6 (B) Section 20(d)(1) of the National Insti7 tute of Standards and Technology Act (15 

8 U.S.C. 278g–3(d)(1)) is amended by striking 

9 ‘‘the Director of the Office of Management and 

10 Budget for promulgation under section 11331 

11 of title 40, United States Code’’ and inserting 

12 ‘‘the Secretary of Commerce for promulgation’’. 

13 (C) Section 11302(d) of title 40, United 

14 States Code, is amended by striking ‘‘under sec15 tion 11331 of this title and’’. 

16 (D) Section 1874A (e)(2)(A)(ii) of the So17 cial Security Act (42 U.S.C. 1395kk– 

18 1(e)(2)(A)(ii)) is amended by striking ‘‘section 

19 11331 of title 40, United States Code’’ and in20 serting ‘‘section 3552 of title 44, United States 

21 Code’’. 

22 (E) Section 3504(g)(2) of title 44, United 

23 States Code, is amended by striking ‘‘section 

24 11331 of title 40’’ and inserting ‘‘section 3552 

25 of title 44’’. 


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1 (F) Section 3504(h)(1) of title 44, United 

2 States Code, is amended by inserting ‘‘, the Di3 rector of the National Center for Cybersecurity 

4 and Communications,’’ after ‘‘the National In5 stitute of Standards and Technology’’. 

6 (G) Section 3504(h)(1)(B) of title 44, 

7 United States Code, is amended by striking 

8 ‘‘under section 11331 of title 40’’ and inserting 

9 ‘‘section 3552 of title 44’’. 

10 (H) Section 3518(d) of title 44, United 

11 States Code, is amended by striking ‘‘sections 

12 11331 and 11332’’ and inserting ‘‘section 

13 11332’’. 

14 (I) Section 3602(f)(8) of title 44, United 

15 States Code, is amended by striking ‘‘under sec16 tion 11331 of title 40. 

17 (J) Section 3603(f)(5) of title 44, United 

18 States Code, is amended by striking ‘‘and pro19 mulgated under section 11331 of title 40,’’. 

20 TITLE IV—RECRUITMENT AND 

21 PROFESSIONAL DEVELOPMENT 

22 SEC. 401. DEFINITIONS. 

23 In this title: 

24 (1) CYBERSECURITY MISSION.—The term ‘‘cy25 bersecurity mission’’ means the activities of the FedVerDate Mar 15 2010 03:25 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\S3480.IS S3480

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1 eral Government that encompass the full range of 

2 threat reduction, vulnerability reduction, deterrence, 

3 international engagement, incident response, resil4 iency, and recovery policies and activities, including 

5 computer network operations, information assur6 ance, law enforcement, diplomacy, military, and in7 telligence missions as such activities relate to the se8 curity and stability of cyberspace. 

9 (2) FEDERAL AGENCY’S CYBERSECURITY MIS10 SION.—The term ‘‘Federal agency’s cybersecurity 

11 mission’’ means, with respect to any Federal agency, 

12 the portion of the cybersecurity mission that is the 

13 responsibility of the Federal agency. 

14 SEC. 402. ASSESSMENT OF CYBERSECURITY WORKFORCE. 

15 (a) IN GENERAL.—The Director of the Office of Per16 sonnel Management and the Director shall assess the 

17 readiness and capacity of the Federal workforce to meet 

18 the needs of the cybersecurity mission of the Federal Gov19 ernment. 

20 (b) STRATEGY.— 

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

22 after the date of enactment of this Act, the Director 

23 of the Office of Personnel Management shall develop 

24 and implement a comprehensive workforce strategy 

25 that enhances the readiness, capacity, training, and 


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1 recruitment and retention of Federal cybersecurity 

2 personnel. 

3 (2) CONTENTS.—The strategy developed under 

4 paragraph (1) shall include— 

5 (A) a 5-year plan on recruitment of per6 sonnel for the Federal workforce; and 

7 (B) 10-year and 20-year projections of 

8 workforce needs. 

9 SEC. 403. STRATEGIC CYBERSECURITY WORKFORCE PLAN10 NING. 

11 (a) FEDERAL AGENCY DEVELOPMENT OF STRA12 TEGIC CYBERSECURITY WORKFORCE PLANS.—Not later 

13 than 180 days after the date of enactment of this Act and 

14 in every subsequent year, the head of each Federal agency 

15 shall develop a strategic cybersecurity workforce plan as 

16 part of the Federal agency performance plan required 

17 under section 1115 of title 31, United States Code. 

18 (b) INTERAGENCY COORDINATION.—Each Federal 

19 agency shall develop a plan prepared under subsection 

20 (a)— 

21 (1) on the basis of the assessment developed 

22 under section 402 and any subsequent guidance 

23 from the Director of the Office of Personnel Man24 agement and the Director; and 


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1 (2) in consultation with the Director and the 

2 Director of the Office of Management and Budget. 

3 (c) CONTENTS OF THE PLAN.— 

4 (1) IN GENERAL.—Each plan prepared under 

5 subsection (a) shall include— 

6 (A) a description of the Federal agency’s 

7 cybersecurity mission; 

8 (B) subject to paragraph (2), a description 

9 and analysis, relating to the specialized work10 force needed by the Federal agency to fulfill the 

11 Federal agency’s cybersecurity mission, includ12 ing— 

13 (i) the workforce needs of the Federal 

14 agency on the date of the report, and 10- 

15 year and 20-year projections of workforce 

16 needs; 

17 (ii) hiring projections to meet work18 force needs, including, for at least a 2-year 

19 period, specific occupation and grade lev20 els; 

21 (iii) long-term and short-term stra22 tegic goals to address critical skills defi23 ciencies, including analysis of the numbers 

24 of and reasons for attrition of employees; 


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1 (iv) recruitment strategies, including 

2 the use of student internships, part-time 

3 employment, student loan reimbursement, 

4 and telework, to attract highly qualified 

5 candidates from diverse backgrounds and 

6 geographic locations; 

7 (v) an assessment of the sources and 

8 availability of individuals with needed ex9 pertise; 

10 (vi) ways to streamline the hiring 

11 process; 

12 (vii) the barriers to recruiting and hir13 ing individuals qualified in cybersecurity 

14 and recommendations to overcome the bar15 riers; and 

16 (viii) a training and development plan, 

17 consistent with the curriculum developed 

18 under section 406, to enhance and improve 

19 the knowledge of employees. 

20 (2) FEDERAL AGENCIES WITH SMALL SPECIAL21 IZED WORKFORCE.—In accordance with guidance 

22 provided by the Director of the Office of Personnel 

23 Management, a Federal agency that needs only a 

24 small specialized workforce to fulfill the Federal 

25 agency’s cybersecurity mission may present the 


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1 workforce plan components referred to in paragraph 

2 (1)(B) as part of the Federal agency performance 

3 plan required under section 1115 of title 31, United 

4 States Code. 

5 SEC. 404. CYBERSECURITY OCCUPATION CLASSIFICATIONS. 

6 (a) IN GENERAL.—Not later than 1 year after the 

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

8 of Personnel Management, in coordination with the Direc9 tor, shall develop and issue comprehensive occupation clas10 sifications for Federal employees engaged in cybersecurity 

11 missions. 

12 (b) APPLICABILITY OF CLASSIFICATIONS.—The Di13 rector of the Office of Personnel Management shall ensure 

14 that the comprehensive occupation classifications issued 

15 under subsection (a) may be used throughout the Federal 

16 Government. 

17 SEC. 405. MEASURES OF CYBERSECURITY HIRING EFFEC18 TIVENESS. 

19 (a) IN GENERAL.—The head of each Federal agency 

20 shall measure, and collect information on, indicators of the 

21 effectiveness of the recruitment and hiring by the Federal 

22 agency of a workforce needed to fulfill the Federal agen23 cy’s cybersecurity mission. 

24 (b) TYPES OF INFORMATION.—The indicators of ef25 fectiveness measured and subject to collection of informaVerDate Mar 15 2010 03:25 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S3480.IS S3480

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1 tion under subsection (a) shall include indicators with re2 spect to the following: 

3 (1) RECRUITING AND HIRING.—In relation to 

4 recruiting and hiring by the Federal agency— 

5 (A) the ability to reach and recruit well6 qualified individuals from diverse talent pools; 

7 (B) the use and impact of special hiring 

8 authorities and flexibilities to recruit the most 

9 qualified applicants, including the use of stu10 dent internship and scholarship programs for 

11 permanent hires; 

12 (C) the use and impact of special hiring 

13 authorities and flexibilities to recruit diverse 

14 candidates, including criteria such as the vet15 eran status, race, ethnicity, gender, disability, 

16 or national origin of the candidates; and 

17 (D) the educational level, and source of ap18 plicants. 

19 (2) SUPERVISORS.—In relation to the super20 visors of the positions being filled— 

21 (A) satisfaction with the quality of the ap22 plicants interviewed and hired; 

23 (B) satisfaction with the match between 

24 the skills of the individuals and the needs of the 

25 Federal agency; 


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1 (C) satisfaction of the supervisors with the 

2 hiring process and hiring outcomes; 

3 (D) whether any mission-critical defi4 ciencies were addressed by the individuals and 

5 the connection between the deficiencies and the 

6 performance of the Federal agency; and 

7 (E) the satisfaction of the supervisors with 

8 the period of time elapsed to fill the positions. 

9 (3) APPLICANTS.—The satisfaction of appli10 cants with the hiring process, including clarity of job 

11 announcements, any reasons for withdrawal of an 

12 application, the user-friendliness of the application 

13 process, communication regarding status of applica14 tions, and the timeliness of offers of employment. 

15 (4) HIRED INDIVIDUALS.—In relation to the in16 dividuals hired— 

17 (A) satisfaction with the hiring process; 

18 (B) satisfaction with the process of start19 ing employment in the position for which the 

20 individual was hired; 

21 (C) attrition; and 

22 (D) the results of exit interviews. 

23 (c) REPORTS.— 

24 (1) IN GENERAL.—The head of each Federal 

25 agency shall submit the information collected under 


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1 this section to the Director of the Office of Per2 sonnel Management on an annual basis and in ac3 cordance with the regulations issued under sub4 section (d). 

5 (2) AVAILABILITY OF RECRUITING AND HIRING

6 INFORMATION.— 

7 (A) IN GENERAL.—The Director of the Of8 fice of Personnel Management shall prepare an 

9 annual report containing the information re10 ceived under paragraph (1) in a consistent for11 mat to allow for a comparison of hiring effec12 tiveness and experience across demographic 

13 groups and Federal agencies. 

14 (B) SUBMISSION.—The Director of the Of15 fice of Personnel Management shall— 

16 (i) not later than 90 days after the re17 ceipt of all information required to be sub18 mitted under paragraph (1), make the re19 port prepared under subparagraph (A) 

20 publicly available, including on the website 

21 of the Office of Personnel Management; 

22 and 

23 (ii) before the date on which the re24 port prepared under subparagraph (A) is 


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1 made publicly available, submit the report 

2 to Congress. 

3 (d) REGULATIONS.— 

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

5 after the date of enactment of this Act, the Director 

6 of the Office of Personnel Management shall issue 

7 regulations establishing the methodology, timing, 

8 and reporting of the data required to be submitted 

9 under this section. 

10 (2) SCOPE AND DETAIL OF REQUIRED INFOR11 MATION.—The regulations under paragraph (1) shall 

12 delimit the scope and detail of the information that 

13 a Federal agency is required to collect and submit 

14 under this section, taking account of the size and 

15 complexity of the workforce that the Federal agency 

16 needs to fulfill the Federal agency’s cybersecurity 

17 mission. 

18 SEC. 406. TRAINING AND EDUCATION. 

19 (a) TRAINING.— 

20 (1) FEDERAL GOVERNMENT EMPLOYEES AND

21 FEDERAL CONTRACTORS.—The Director of the Of22 fice of Personnel Management, in conjunction with 

23 the Director of the National Center for Cybersecu24 rity and Communications, the Director of National 

25 Intelligence, the Secretary of Defense, and the Chief 


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1 Information Officers Council established under sec2 tion 3603 of title 44, United States Code, shall es3 tablish a cybersecurity awareness and education cur4 riculum that shall be required for all Federal em5 ployees and contractors engaged in the design, devel6 opment, or operation of agency information infra7 structure, as defined under section 3551 of title 44, 

8 United States Code. 

9 (2) CONTENTS.—The curriculum established 

10 under paragraph (1) may include— 

11 (A) role-based security awareness training; 

12 (B) recommended cybersecurity practices; 

13 (C) cybersecurity recommendations for 

14 traveling abroad; 

15 (D) unclassified counterintelligence infor16 mation; 

17 (E) information regarding industrial espio18 nage; 

19 (F) information regarding malicious activ20 ity online; 

21 (G) information regarding cybersecurity 

22 and law enforcement; 

23 (H) identity management information; 

24 (I) information regarding supply chain se25 curity; 


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1 (J) information security risks associated 

2 with the activities of Federal employees; and 

3 (K) the responsibilities of Federal employ4 ees in complying with policies and procedures 

5 designed to reduce information security risks 

6 identified under subparagraph (J). 

7 (3) FEDERAL CYBERSECURITY PROFES8 SIONALS.—The Director of the Office of Personnel 

9 Management in conjunction with the Director of the 

10 National Center for Cybersecurity and Communica11 tions, the Director of National Intelligence, the Sec12 retary of Defense, the Director of the Office of Man13 agement and Budget, and, as appropriate, colleges, 

14 universities, and nonprofit organizations with cyber15 security training expertise, shall develop a program, 

16 to provide training to improve and enhance the skills 

17 and capabilities of Federal employees engaged in the 

18 cybersecurity mission, including training specific to 

19 the acquisition workforce. 

20 (4) HEADS OF FEDERAL AGENCIES.—Not later 

21 than 30 days after the date on which an individual 

22 is appointed to a position at level I or II of the Ex23 ecutive Schedule, the Director of the National Cen24 ter for Cybersecurity and Communications and the 

25 Director of National Intelligence, or their designees, 


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1 shall provide that individual with a cybersecurity 

2 threat briefing. 

3 (5) CERTIFICATION.—The head of each Federal 

4 agency shall include in the annual report required 

5 under section 3553(c) of title 44, United States 

6 Code, a certification regarding whether all officers, 

7 employees, and contractors of the Federal agency 

8 have completed the training required under this sub9 section. 

10 (b) EDUCATION.— 

11 (1) FEDERAL EMPLOYEES.—The Director of 

12 the Office of Personnel Management, in coordination 

13 with the Secretary of Education, the Director of the 

14 National Science Foundation, and the Director, shall 

15 develop and implement a strategy to provide Federal 

16 employees who work in cybersecurity missions with 

17 the opportunity to obtain additional education. 

18 (2) K THROUGH 12.—The Secretary of Edu19 cation, in coordination with the Director of the Na20 tional Center for Cybersecurity and Communications 

21 and State and local governments, shall develop cur22 riculum standards, guidelines, and recommended 

23 courses to address cyber safety, cybersecurity, and 

24 cyber ethics for students in kindergarten through 

25 grade 12. 


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1 (3) UNDERGRADUATE, GRADUATE, VOCA2 TIONAL, AND TECHNICAL INSTITUTIONS.— 

3 (A) SECRETARY OF EDUCATION.—The 

4 Secretary of Education, in coordination with 

5 the Director of the National Center for Cyber6 security and Communications, shall— 

7 (i) develop curriculum standards and 

8 guidelines to address cyber safety, cyberse9 curity, and cyber ethics for all students en10 rolled in undergraduate, graduate, voca11 tional, and technical institutions in the 

12 United States; and 

13 (ii) analyze and develop recommended 

14 courses for students interested in pursuing 

15 careers in information technology, commu16 nications, computer science, engineering, 

17 math, and science, as those subjects relate 

18 to cybersecurity. 

19 (B) OFFICE OF PERSONNEL MANAGE20 MENT.—The Director of the Office of Personnel 

21 Management, in coordination with the Director, 

22 shall develop strategies and programs— 

23 (i) to recruit students from under24 graduate, graduate, vocational, and tech25 nical institutions in the United States to 


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1 serve as Federal employees engaged in 

2 cyber missions; and 

3 (ii) that provide internship and part4 time work opportunities with the Federal 

5 Government for students at the under6 graduate, graduate, vocational, and tech7 nical institutions in the United States. 

8 (c) CYBER TALENT COMPETITIONS AND CHAL9 LENGES.— 

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

11 Center for Cybersecurity and Communications shall 

12 establish a program to ensure the effective operation 

13 of national and statewide competitions and chal14 lenges that seek to identify, develop, and recruit tal15 ented individuals to work in Federal agencies, State 

16 and local government agencies, and the private sec17 tor to perform duties relating to the security of the 

18 Federal information infrastructure or the national 

19 information infrastructure. 

20 (2) GROUPS AND INDIVIDUALS.—The program 

21 under this subsection shall include— 

22 (A) high school students; 

23 (B) undergraduate students; 

24 (C) graduate students; 

25 (D) academic and research institutions; 


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1 (E) veterans; and 

2 (F) other groups or individuals as the Di3 rector may determine. 

4 (3) SUPPORT OF OTHER COMPETITIONS AND

5 CHALLENGES.—The program under this subsection 

6 may support other competitions and challenges not 

7 established under this subsection through affiliation 

8 and cooperative agreements with— 

9 (A) Federal agencies; 

10 (B) regional, State, or community school 

11 programs supporting the development of cyber 

12 professionals; or 

13 (C) other private sector organizations. 

14 (4) AREAS OF TALENT.—The program under 

15 this subsection shall seek to identify, develop, and 

16 recruit exceptional talent relating to— 

17 (A) ethical hacking; 

18 (B) penetration testing; 

19 (C) vulnerability Assessment; 

20 (D) continuity of system operations; 

21 (E) cyber forensics; and 

22 (F) offensive and defensive cyber oper23 ations. 


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1 SEC. 407. CYBERSECURITY INCENTIVES. 

2 (a) AWARDS.—In making cash awards under chapter 

3 45 of title 5, United States Code, the President or the 

4 head of a Federal agency, in consultation with the Direc5 tor, shall consider the success of an employee in fulfilling 

6 the objectives of the National Strategy, in a manner con7 sistent with any policies, guidelines, procedures, instruc8 tions, or standards established by the President. 

9 (b) OTHER INCENTIVES.—The head of each Federal 

10 agency shall adopt best practices, developed by the Direc11 tor of the National Center for Cybersecurity and Commu12 nications and the Office of Management and Budget, re13 garding effective ways to educate and motivate employees 

14 of the Federal Government to demonstrate leadership in 

15 cybersecurity, including— 

16 (1) promotions and other nonmonetary awards; 

17 and 

18 (2) publicizing information sharing accomplish19 ments by individual employees and, if appropriate, 

20 the tangible benefits that resulted. 

21 SEC. 408. RECRUITMENT AND RETENTION PROGRAM FOR 

22 THE NATIONAL CENTER FOR CYBERSECU23 RITY AND COMMUNICATIONS. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) CENTER.—The term ‘‘Center’’ means the 

2 National Center for Cybersecurity and Communica3 tions. 

4 (2) DEPARTMENT.—The term ‘‘Department’’ 

5 means the Department of Homeland Security. 

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

7 the Director of the Center. 

8 (4) ENTRY LEVEL POSITION.—The term ‘‘entry 

9 level position’’ means a position that— 

10 (A) is established by the Director in the 

11 Center; and 

12 (B) is classified at GS–7, GS–8, or GS–9 

13 of the General Schedule. 

14 (5) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of Homeland Security. 

16 (6) SENIOR POSITION.—The term ‘‘senior posi17 tion’’ means a position that— 

18 (A) is established by the Director in the 

19 Center; and 

20 (B) is not established under section 5108 

21 of title 5, United States Code, but is similar in 

22 duties and responsibilities for positions estab23 lished under that section. 

24 (b) RECRUITMENT AND RETENTION PROGRAM.— 


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1 (1) ESTABLISHMENT.—The Director may es2 tablish a program to assist in the recruitment and 

3 retention of highly skilled personnel to carry out the 

4 functions of the Center. 

5 (2) CONSULTATION AND CONSIDERATIONS.—In 

6 establishing a program under this section, the Direc7 tor shall— 

8 (A) consult with the Secretary; and 

9 (B) consider— 

10 (i) national and local employment 

11 trends; 

12 (ii) the availability and quality of can13 didates; 

14 (iii) any specialized education or cer15 tifications required for positions; 

16 (iv) whether there is a shortage of 

17 certain skills; and 

18 (v) such other factors as the Director 

19 determines appropriate. 

20 (c) HIRING AND SPECIAL PAY AUTHORITIES.— 

21 (1) DIRECT HIRE AUTHORITY.—Without regard 

22 to the civil service laws (other than sections 3303 

23 and 3328 of title 5, United States Code), the Direc24 tor may appoint not more than 500 employees under 


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1 this subsection to carry out the functions of the Cen2 ter. 

3 (2) RATES OF PAY.— 

4 (A) ENTRY LEVEL POSITIONS.—The Direc5 tor may fix the pay of the employees appointed 

6 to entry level positions under this subsection 

7 without regard to chapter 51 and subchapter 

8 III of chapter 53 of title 5, United States Code, 

9 relating to classification of positions and Gen10 eral Schedule pay rates, except that the rate of 

11 pay for any such employee may not exceed the 

12 maximum rate of basic pay payable for a posi13 tion at GS–10 of the General Schedule while 

14 that employee is in an entry level position. 

15 (B) SENIOR POSITIONS.— 

16 (i) IN GENERAL.—The Director may 

17 fix the pay of the employees appointed to 

18 senior positions under this subsection with19 out regard to chapter 51 and subchapter 

20 III of chapter 53 of title 5, United States 

21 Code, relating to classification of positions 

22 and General Schedule pay rates, except 

23 that the rate of pay for any such employee 

24 may not exceed the maximum rate of basic 


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1 pay payable under section 5376 of title 5, 

2 United States Code. 

3 (ii) HIGHER MAXIMUM RATES.— 

4 (I) IN GENERAL.—Notwith5 standing the limitation on rates of pay 

6 under clause (i)— 

7 (aa) not more than 20 em8 ployees, identified by the Direc9 tor, may be paid at a rate of pay 

10 not to exceed the maximum rate 

11 of basic pay payable for a posi12 tion at level I of the Executive 

13 Schedule under section 5312 of 

14 title 5, United States Code; and 

15 (bb) not more than 5 em16 ployees, identified by the Director 

17 with the approval of the Sec18 retary, may be paid at a rate of 

19 pay not to exceed the maximum 

20 rate of basic pay payable for the 

21 Vice President under section 104 

22 of title 3, United States Code. 

23 (II) NONDELEGATION OF AU24 THORITY.—The Secretary or the DiVerDate Mar 15 2010 03:25 Jun 11, 2010 Jkt 089200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\S3480.IS S3480

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1 rector may not delegate any authority 

2 under this clause. 

3 (d) CONVERSION TO COMPETITIVE SERVICE.— 

4 (1) DEFINITION.—In this subsection, the term 

5 ‘‘qualified employee’’ means any individual appointed 

6 to an excepted service position in the Department 

7 who performs functions relating to the security of 

8 the Federal information infrastructure or national 

9 information infrastructure. 

10 (2) COMPETITIVE CIVIL SERVICE STATUS.—In 

11 consultation with the Director, the Secretary may 

12 grant competitive civil service status to a qualified 

13 employee if that employee is— 

14 (A) employed in the Center; or 

15 (B) transferring to the Center. 

16 (e) RETENTION BONUSES.— 

17 (1) AUTHORITY.—Notwithstanding section 

18 5754 of title 5, United States Code, the Director 

19 may— 

20 (A) pay a retention bonus under that sec21 tion to any individual appointed under this sub22 section, if the Director determines that, in the 

23 absence of a retention bonus, there is a high 

24 risk that the individual would likely leave em25 ployment with the Department; and 


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1 (B) exercise the authorities of the Office of 

2 Personnel Management and the head of an 

3 agency under that section with respect to reten4 tion bonuses paid under this subsection. 

5 (2) LIMITATIONS ON AMOUNT OF ANNUAL BO6 NUSES.— 

7 (A) DEFINITIONS.—In this paragraph: 

8 (i) MAXIMUM TOTAL PAY.—The term 

9 ‘‘maximum total pay’’ means— 

10 (I) in the case of an employee de11 scribed under subsection (c)(2)(B)(i), 

12 the total amount of pay paid in a cal13 endar year at the maximum rate of 

14 basic pay payable for a position at 

15 level I of the Executive Schedule 

16 under section 5312 of title 5, United 

17 States Code; 

18 (II) in the case of an employee 

19 described under subsection 

20 (c)(2)(B)(ii)(I)(aa), the total amount 

21 of pay paid in a calendar year at the 

22 maximum rate of basic pay payable 

23 for a position at level I of the Execu24 tive Schedule under section 5312 of 

25 title 5, United States Code; and 


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1 (III) in the case of an employee 

2 described under subsection 

3 (c)(2)(B)(ii)(I)(bb), the total amount 

4 of pay paid in a calendar year at the 

5 maximum rate of basic pay payable 

6 for the Vice President under section 

7 104 of title 3, United States Code. 

8 (ii) TOTAL COMPENSATION.—The 

9 term ‘‘total compensation’’ means— 

10 (I) the amount of pay paid to an 

11 employee in any calendar year; and 

12 (II) the amount of all retention 

13 bonuses paid to an employee in any 

14 calendar year. 

15 (B) LIMITATION.—The Director may not 

16 pay a retention bonus under this subsection to 

17 an employee that would result in the total com18 pensation of that employee exceeding maximum 

19 total pay. 

20 (f) TERMINATION OF AUTHORITY.—The authority to 

21 make appointments and pay retention bonuses under this 

22 section shall terminate 3 years after the date of enactment 

23 of this Act. 

24 (g) REPORTS.— 


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1 (1) PLAN FOR EXECUTION OF AUTHORITIES.— 

2 Not later than 120 days of enactment of this Act, 

3 the Director shall submit a report to the appropriate 

4 committees of Congress with a plan for the execu5 tion of the authorities provided under this section. 

6 (2) ANNUAL REPORT.—Not later than 6 

7 months after the date of enactment of this Act, and 

8 every year thereafter, the Director shall submit to 

9 the appropriate committees of Congress a detailed 

10 report that— 

11 (A) discusses how the actions taken during 

12 the period of the report are fulfilling the critical 

13 hiring needs of the Center; 

14 (B) assesses metrics relating to individuals 

15 hired under the authority of this section, includ16 ing— 

17 (i) the numbers of individuals hired; 

18 (ii) the turnover in relevant positions; 

19 (iii) with respect to each individual 

20 hired— 

21 (I) the position for which hired; 

22 (II) the salary paid; 

23 (III) any retention bonus paid 

24 and the amount of the bonus; 


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1 (IV) the geographic location from 

2 which hired; 

3 (V) the immediate past salary; 

4 and 

5 (VI) whether the individual was a 

6 noncareer appointee in the Senior Ex7 ecutive Service or an appointee to a 

8 position of a confidential or policy-de9 termining character under schedule C 

10 of subpart C of part 213 of title 5 of 

11 the Code of Federal Regulations be12 fore the hiring; and 

13 (iv) whether public notice for recruit14 ment was made, and if so— 

15 (I) the total number of qualified 

16 applicants; 

17 (II) the number of veteran pref18 erence eligible candidates who applied; 

19 (III) the time from posting to job 

20 offer; and 

21 (IV) statistics on diversity, in22 cluding age, disability, race, gender, 

23 and national origin, of individuals 

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1 tion to the extent such statistics are 

2 available; and 

3 (C) includes rates of pay set in accordance 

4 with subsection (c). 

5 TITLE V—OTHER PROVISIONS 

6 SEC. 501. CONSULTATION ON CYBERSECURITY MATTERS. 

7 The Chairman of the Federal Trade Commission, the 

8 Chairman of the Federal Communications Commission, 

9 and the head of any other Federal agency determined ap10 propriate by the President shall consult with the Director 

11 of the National Center for Cybersecurity and Communica12 tions regarding any regulation, rule, or requirement to be 

13 issued or other action to be required by the Federal agency 

14 relating to the security and resiliency of the national infor15 mation infrastructure. 

16 SEC. 502. CYBERSECURITY RESEARCH AND DEVELOPMENT. 

17 Subtitle D of title II of the Homeland Security Act 

18 of 2002 (6 U.S.C. 161 et seq.) is amended by adding at 

19 the end the following: 

20 ‘‘SEC. 238. CYBERSECURITY RESEARCH AND DEVELOP21 MENT. 

22 ‘‘(a) ESTABLISHMENT OF RESEARCH AND DEVELOP23 MENT PROGRAM.—The Under Secretary for Science and 

24 Technology, in coordination with the Director of the Na25 tional Center for Cybersecurity and Communications, shall 


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1 carry out a research and development program for the 

2 purpose of improving the security of information infra3 structure. 

4 ‘‘(b) ELIGIBLE PROJECTS.—The research and devel5 opment program carried out under subsection (a) may in6 clude projects to— 

7 ‘‘(1) advance the development and accelerate 

8 the deployment of more secure versions of funda9 mental Internet protocols and architectures, includ10 ing for the secure domain name addressing system 

11 and routing security; 

12 ‘‘(2) improve and create technologies for detect13 ing and analyzing attacks or intrusions, including 

14 analysis of malicious software; 

15 ‘‘(3) improve and create mitigation and recov16 ery methodologies, including techniques for contain17 ment of attacks and development of resilient net18 works and systems; 

19 ‘‘(4) develop and support infrastructure and 

20 tools to support cybersecurity research and develop21 ment efforts, including modeling, testbeds, and data 

22 sets for assessment of new cybersecurity tech23 nologies; 


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1 ‘‘(5) assist the development and support of 

2 technologies to reduce vulnerabilities in process con3 trol systems; 

4 ‘‘(6) understand human behavioral factors that 

5 can affect cybersecurity technology and practices; 

6 ‘‘(7) test, evaluate, and facilitate, with appro7 priate protections for any proprietary information 

8 concerning the technologies, the transfer of tech9 nologies associated with the engineering of less vul10 nerable software and securing the information tech11 nology software development lifecycle; 

12 ‘‘(8) assist the development of identity manage13 ment and attribution technologies; 

14 ‘‘(9) assist the development of technologies de15 signed to increase the security and resiliency of tele16 communications networks; 

17 ‘‘(10) advance the protection of privacy and 

18 civil liberties in cybersecurity technology and prac19 tices; and 

20 ‘‘(11) address other risks identified by the Di21 rector of the National Center for Cybersecurity and 

22 Communications. 

23 ‘‘(c) COORDINATION WITH OTHER RESEARCH INI24 TIATIVES.—The Under Secretary— 


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1 ‘‘(1) shall ensure that the research and develop2 ment program carried out under subsection (a) is 

3 consistent with the national strategy to increase the 

4 security and resilience of cyberspace developed by 

5 the Director of Cyberspace Policy under section 101 

6 of the Protecting Cyberspace as a National Asset 

7 Act of 2010, or any succeeding strategy; 

8 ‘‘(2) shall, to the extent practicable, coordinate 

9 the research and development activities of the De10 partment with other ongoing research and develop11 ment security-related initiatives, including research 

12 being conducted by— 

13 ‘‘(A) the National Institute of Standards 

14 and Technology; 

15 ‘‘(B) the National Academy of Sciences; 

16 ‘‘(C) other Federal agencies, as defined 

17 under section 241; 

18 ‘‘(D) other Federal and private research 

19 laboratories, research entities, and universities 

20 and institutions of higher education, and rel21 evant nonprofit organizations; and 

22 ‘‘(E) international partners of the United 

23 States; 

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1 bursable agreement with an appropriate Federal 

2 agency, as defined under section 241, if the Federal 

3 agency— 

4 ‘‘(A) is sponsoring a research and develop5 ment project in a similar area; or 

6 ‘‘(B) has a unique facility or capability 

7 that would be useful in carrying out the project; 

8 ‘‘(4) may make grants to, or enter into coopera9 tive agreements, contracts, other transactions, or re10 imbursable agreements with, the entities described in 

11 paragraph (2); and 

12 ‘‘(5) shall submit a report to the appropriate 

13 committees of Congress on a review of the cyberse14 curity activities, and the capacity, of the national 

15 laboratories and other research entities available to 

16 the Department to determine if the establishment of 

17 a national laboratory dedicated to cybersecurity re18 search and development is necessary. 

19 ‘‘(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIB20 ERTIES ISSUES.— 

21 ‘‘(1) CONSULTATION.—In carrying out research 

22 and development projects under subsection (a), the 

23 Under Secretary shall consult with the Privacy Offi24 cer appointed under section 222 and the Officer for 


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1 Civil Rights and Civil Liberties of the Department 

2 appointed under section 705. 

3 ‘‘(2) PRIVACY IMPACT ASSESSMENTS.—In ac4 cordance with sections 222 and 705, the Privacy Of5 ficer shall conduct privacy impact assessments and 

6 the Officer for Civil Rights and Civil Liberties shall 

7 conduct reviews, as appropriate, for research and de8 velopment projects carried out under subsection (a) 

9 that the Under Secretary determines could have an 

10 impact on privacy, civil rights, or civil liberties. 

11 ‘‘SEC. 239. NATIONAL CYBERSECURITY ADVISORY COUNCIL. 

12 ‘‘(a) ESTABLISHMENT.—Not later than 90 days after 

13 the date of enactment of this section, the Secretary shall 

14 establish an advisory committee under section 871 on pri15 vate sector cybersecurity, to be known as the National Cy16 bersecurity Advisory Council (in this section referred to 

17 as the ‘Council’). 

18 ‘‘(b) RESPONSIBILITIES.— 

19 ‘‘(1) IN GENERAL.—The Council shall advise 

20 the Director of the National Center for Cybersecu21 rity and Communications on the implementation of 

22 the cybersecurity provisions affecting the private sec23 tor under this subtitle and subtitle E. 

24 ‘‘(2) INCENTIVES AND REGULATIONS.—The 

25 Council shall advise the Director of the National 


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1 Center for Cybersecurity and Communications and 

2 appropriate committees of Congress (as defined in 

3 section 241) and any other congressional committee 

4 with jurisdiction over the particular matter regard5 ing how market incentives and regulations may be 

6 implemented to enhance the cybersecurity and eco7 nomic security of the Nation. 

8 ‘‘(c) MEMBERSHIP.— 

9 ‘‘(1) IN GENERAL.—The members of the Coun10 cil shall be appointed the Director of the National 

11 Center for Cybersecurity and Communications and 

12 shall, to the extent practicable, represent a geo13 graphic and substantive cross-section of owners and 

14 operators of critical infrastructure and others with 

15 expertise in cybersecurity, including, as appro16 priate— 

17 ‘‘(A) representatives of covered critical in18 frastructure (as defined under section 241); 

19 ‘‘(B) academic institutions with expertise 

20 in cybersecurity; 

21 ‘‘(C) Federal, State, and local government 

22 agencies with expertise in cybersecurity; 

23 ‘‘(D) a representative of the National Se24 curity Telecommunications Advisory Council, as 

25 established by Executive Order 12382 (47 Fed. 


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1 Reg. 40531; relating to the establishment of the 

2 advisory council), as amended by Executive 

3 Order 13286 (68 Fed. Reg. 10619), as in effect 

4 on August 3, 2009, or any successor entity; 

5 ‘‘(E) a representative of the Communica6 tions Sector Coordinating Council, or any suc7 cessor entity; 

8 ‘‘(F) a representative of the Information 

9 Technology Sector Coordinating Council, or any 

10 successor entity; 

11 ‘‘(G) individuals, acting in their personal 

12 capacity, with demonstrated technical expertise 

13 in cybersecurity; and 

14 ‘‘(H) such other individuals as the Director 

15 determines to be appropriate, including owners 

16 of small business concerns (as defined under 

17 section 3 of the Small Business Act (15 U.S.C. 

18 632)). 

19 ‘‘(2) TERM.—The members of the Council shall 

20 be appointed for 2 year terms and may be appointed 

21 to consecutive terms. 

22 ‘‘(3) LEADERSHIP.—The Chairperson and Vice23 Chairperson of the Council shall be selected by mem24 bers of the Council from among the members of the 

25 Council and shall serve 2-year terms. 


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1 ‘‘(d) APPLICABILITY OF FEDERAL ADVISORY COM2 MITTEE ACT.—The Federal Advisory Committee Act (5 

3 U.S.C. App.) shall not apply to the Council.’’. 

4 SEC. 503. PRIORITIZED CRITICAL INFORMATION INFRA5 STRUCTURE. 

6 Section 210E(a)(2) of the Homeland Security Act of 

7 2002 (6 U.S.C. 124l(a)(2)) is amended— 

8 (1) by striking ‘‘In accordance’’ and inserting 

9 the following: 

10 ‘‘(A) IN GENERAL.—In accordance’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(B) CONSIDERATIONS.—In establishing 

13 and maintaining a list under subparagraph (A), 

14 the Secretary, in coordination with the Director 

15 of the National Center for Cybersecurity and 

16 Communications and in consultation with the 

17 National Cybersecurity Advisory Council, 

18 shall— 

19 ‘‘(i) consider cyber vulnerabilities and 

20 consequences by sector, including— 

21 ‘‘(I) the factors listed in section 

22 248(a)(2); 

23 ‘‘(II) interdependencies between 

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1 structure (as defined under section 

2 241); and 

3 ‘‘(III) any other security related 

4 factor determined appropriate by the 

5 Secretary; and 

6 ‘‘(ii) add covered critical infrastruc7 ture to or delete covered critical infrastruc8 ture from the list based on the factors list9 ed in clause (i) for purposes of sections 

10 248 and 249. 

11 ‘‘(C) NOTIFICATION.—The Secretary— 

12 ‘‘(i) shall notify the owner or operator 

13 of any system or asset added under sub14 paragraph (B)(ii) to the list established 

15 and maintained under subparagraph (A) as 

16 soon as is practicable; 

17 ‘‘(ii) shall develop a mechanism for an 

18 owner or operator notified under clause (i) 

19 to provide relevant information to the Sec20 retary and the Director of the National 

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1 lieves may have led to the improper inclu2 sion of the system or asset on the list; and 

3 ‘‘(iii) at the sole and unreviewable dis4 cretion of the Secretary, may revise the list 

5 based on information provided in clause 

6 (ii).’’. 

7 SEC. 504. NATIONAL CENTER FOR CYBERSECURITY AND 

8 COMMUNICATIONS ACQUISITION AUTHORI9 TIES. 

10 (a) IN GENERAL.—The National Center for Cyberse11 curity and Communications is authorized to use the au12 thorities under subsections (c)(1) and (d)(1)(B) of section 

13 2304 of title 10, United States Code, instead of the au14 thorities under subsections (c)(1) and (d)(1)(B) of section 

15 303 of the Federal Property and Administrative Services 

16 Act of 1949 (41 U.S.C. 253), subject to all other require17 ments of section 303 of the Federal Property and Admin18 istrative Services Act of 1949. 

19 (b) GUIDELINES.—Not later than 90 days after the 

20 date of enactment of this Act, the chief procurement offi21 cer of the Department of Homeland Security shall issue 

22 guidelines for use of the authority under subsection (a). 

23 (c) TERMINATION.—The National Center for Cyber24 security and Communications may not use the authority 


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1 under subsection (a) on and after the date that is 3 years 

2 after the date of enactment of this Act. 

3 (d) REPORTING.— 

4 (1) IN GENERAL.—On a semiannual basis, the 

5 Director of the National Center for Cybersecurity 

6 and Communications shall submit a report on use of 

7 the authority granted by subsection (a) to— 

8 (A) the Committee on Homeland Security 

9 and Governmental Affairs of the Senate; and 

10 (B) the Committee on Homeland Security 

11 of the House of Representatives. 

12 (2) CONTENTS.—Each report submitted under 

13 paragraph (1) shall include, at a minimum— 

14 (A) the number of contract actions taken 

15 under the authority under subsection (a) during 

16 the period covered by the report; and 

17 (B) for each contract action described in 

18 subparagraph (A)— 

19 (i) the total dollar value of the con20 tract action; 

21 (ii) a summary of the market research 

22 conducted by the National Center for Cy23 bersecurity and Communications, including 

24 a list of all offerors who were considered 

25 and those who actually submitted bids, in 


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1 order to determine that use of the author2 ity was appropriate; and 

3 (iii) a copy of the justification and ap4 proval documents required by section 

5 303(f) of the Federal Property and Admin6 istrative Services Act of 1949 (41 U.S.C. 

7 253(f)). 

8 (3) CLASSIFIED ANNEX.—A report submitted 

9 under this subsection shall be submitted in an un10 classified form, but may include a classified annex, 

11 if necessary. 

12 SEC. 505. TECHNICAL AND CONFORMING AMENDMENTS. 

13 (a) ELIMINATION OF ASSISTANT SECRETARY FOR

14 CYBERSECURITY AND COMMUNICATIONS.—The Homeland 

15 Security Act of 2002 (6 U.S.C. 101 et seq.) is amended— 

16 (1) in section 103(a)(8) (6 U.S.C. 113(a)(8)), 

17 by striking ‘‘, cybersecurity,’’; 

18 (2) in section 514 (6 U.S.C. 321c)— 

19 (A) by striking subsection (b); and 

20 (B) by redesignating subsection (c) as sub21 section (b); and 

22 (3) in section 1801(b) (6 U.S.C. 571(b)), by 

23 striking ‘‘shall report to the Assistant Secretary for 

24 Cybersecurity and Communications’’ and inserting 


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1 ‘‘shall report to the Director of the National Center 

2 for Cybersecurity and Communications’’. 

3 (b) CIO COUNCIL.—Section 3603(b) of title 44, 

4 United States Code, is amended— 

5 (1) by redesignating paragraph (7) as para6 graph (8); and 

7 (2) by inserting after paragraph (6) the fol8 lowing: 

9 ‘‘(7) The Director of the National Center for 

10 Cybersecurity and Communications.’’. 

11 (c) REPEAL.—The Homeland Security Act of 2002 

12 (6 U.S.C. 101 et seq) is amended— 

13 (1) by striking section 223 (6 U.S.C. 143); and 

14 (2) by redesignating sections 224 and 225 (6 

15 U.S.C. 144 and 145) as sections 223 and 224, re16 spectively. 

17 (d) TECHNICAL CORRECTION.—Section 1802(a) of 

18 the Homeland Security Act of 2002 (6 U.S.C. 572(a)) is 

19 amended in the matter preceding paragraph (1) by strik20 ing ‘‘Department of’’. 

21 (e) EXECUTIVE SCHEDULE POSITION.—Section 5313 

22 of title 5, United States Code, is amended by adding at 

23 the end the following: 

24 ‘‘Director of the National Center for Cybersecurity 

25 and Communications.’’. 


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1 (f) TABLE OF CONTENTS.—The table of contents in 

2 section 1(b) of the Homeland Security Act of 2002 (6 

3 U.S.C. 101 et seq.) is amended— 

4 (1) by striking the items relating to sections 

5 223, 224, and 225 and inserting the following: 

‘‘Sec. 223. NET guard. 

‘‘Sec. 224. Cyber Security Enhancements Act of 2002.’’; and 

6 (2) by inserting after the item relating to sec7 tion 237 the following: 

‘‘Sec. 238. Cybersecurity research and development. 

‘‘Sec. 239. National Cybersecurity Advisory Council. 

‘‘Subtitle E—Cybersecurity 

‘‘Sec. 241. Definitions. 

‘‘Sec. 242. National Center for Cybersecurity and Communications. 

‘‘Sec. 243. Physical and cyber infrastructure collaboration. 

‘‘Sec. 244. United States Computer Emergency Readiness Team. 

‘‘Sec. 245. Additional authorities of the Director of the National Center for Cybersecurity and Communications. 

‘‘Sec. 246. Information sharing. 

‘‘Sec. 247. Private sector assistance. 

‘‘Sec. 248. Cyber vulnerabilities to covered critical infrastructure. 

‘‘Sec. 249. National cyber emergencies.. 

‘‘Sec. 250. Enforcement. 

‘‘Sec. 251. Protection of information. 

‘‘Sec. 252. Sector-specific agencies. 

‘‘Sec. 253. Strategy for Federal cybersecurity supply chain management.’’. 

Æ 


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