Cybersecurity Information Sharing Act of 2015

To improve cybersecurity in the United States through enhanced sharing of information about cybersecurity threats, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Cybersecurity Information Sharing Act of 2015 (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Sharing of information by the Federal Government. Sec. 4. Authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats. Sec. 5. Sharing of cyber threat indicators and defensive measures with the Federal Government. Sec. 6. Protection from liability. Sec. 7. Oversight of Government activities. Sec. 8. Construction and preemption. Sec. 9. Report on cybersecurity threats. Sec. 10. Conforming amendments. 2. Definitions In this Act: (1) Agency The term agency (2) Antitrust laws The term antitrust laws (A) has the meaning given the term in section 1 of the Clayton Act ( 15 U.S.C. 12 (B) includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 (C) includes any State law that has the same intent and effect as the laws under subparagraphs (A) and (B). (3) Appropriate Federal entities The term appropriate Federal entities (A) The Department of Commerce. (B) The Department of Defense. (C) The Department of Energy. (D) The Department of Homeland Security. (E) The Department of Justice. (F) The Department of the Treasury. (G) The Office of the Director of National Intelligence. (4) Cybersecurity purpose The term cybersecurity purpose (5) Cybersecurity threat (A) In general Except as provided in subparagraph (B), the term cybersecurity threat (B) Exclusion The term cybersecurity threat (6) Cyber threat indicator The term cyber threat indicator (A) malicious reconnaissance, including anomalous patterns of communications that appear to be transmitted for the purpose of gathering technical information related to a cybersecurity threat or security vulnerability; (B) a method of defeating a security control or exploitation of a security vulnerability; (C) a security vulnerability, including anomalous activity that appears to indicate the existence of a security vulnerability; (D) a method of causing a user with legitimate access to an information system or information that is stored on, processed by, or transiting an information system to unwittingly enable the defeat of a security control or exploitation of a security vulnerability; (E) malicious cyber command and control; (F) the actual or potential harm caused by an incident, including a description of the information exfiltrated as a result of a particular cybersecurity threat; (G) any other attribute of a cybersecurity threat, if disclosure of such attribute is not otherwise prohibited by law; or (H) any combination thereof. (7) Defensive measure (A) In general Except as provided in subparagraph (B), the term defensive measure (B) Exclusion The term defensive measure (i) the private entity operating the measure; or (ii) another entity or Federal entity that is authorized to provide consent and has provided consent to that private entity for operation of such measure. (8) Entity (A) In general Except as otherwise provided in this paragraph, the term entity (B) Inclusions The term entity (C) Exclusion The term entity 50 U.S.C. 1801 (9) Federal entity The term Federal entity (10) Information system The term information system (A) has the meaning given the term in section 3502 of title 44, United States Code; and (B) includes industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers. (11) Local government The term local government (12) Malicious cyber command and control The term malicious cyber command and control (13) Malicious reconnaissance The term malicious reconnaissance (14) Monitor The term monitor (15) Private entity (A) In general Except as otherwise provided in this paragraph, the term private entity (B) Inclusion The term private entity (C) Exclusion The term private entity 50 U.S.C. 1801 (16) Security control The term security control (17) Security vulnerability The term security vulnerability (18) Tribal The term tribal Indian tribe 25 U.S.C. 450b 3. Sharing of information by the Federal Government (a) In general Consistent with the protection of classified information, intelligence sources and methods, and privacy and civil liberties, the Director of National Intelligence, the Secretary of Homeland Security, the Secretary of Defense, and the Attorney General, in consultation with the heads of the appropriate Federal entities, shall develop and promulgate procedures to facilitate and promote— (1) the timely sharing of classified cyber threat indicators in the possession of the Federal Government with cleared representatives of relevant entities; (2) the timely sharing with relevant entities of cyber threat indicators or information in the possession of the Federal Government that may be declassified and shared at an unclassified level; (3) the sharing with relevant entities, or the public if appropriate, of unclassified, including controlled unclassified, cyber threat indicators in the possession of the Federal Government; and (4) the sharing with entities, if appropriate, of information in the possession of the Federal Government about cybersecurity threats to such entities to prevent or mitigate adverse effects from such cybersecurity threats. (b) Development of procedures (1) In general The procedures developed and promulgated under subsection (a) shall— (A) ensure the Federal Government has and maintains the capability to share cyber threat indicators in real time consistent with the protection of classified information; (B) incorporate, to the greatest extent practicable, existing processes and existing roles and responsibilities of Federal and non-Federal entities for information sharing by the Federal Government, including sector specific information sharing and analysis centers; (C) include procedures for notifying entities that have received a cyber threat indicator from a Federal entity under this Act that is known or determined to be in error or in contravention of the requirements of this Act or another provision of Federal law or policy of such error or contravention; (D) include requirements for Federal entities receiving cyber threat indicators or defensive measures to implement and utilize security controls to protect against unauthorized access to or acquisition of such cyber threat indicators or defensive measures; and (E) include procedures that require a Federal entity, prior to the sharing of a cyber threat indicator— (i) to review such cyber threat indicator to assess whether such cyber threat indicator contains any information that such Federal entity knows at the time of sharing to be personal information of or identifying a specific person not directly related to a cybersecurity threat and remove such information; or (ii) to implement and utilize a technical capability configured to remove any personal information of or identifying a specific person not directly related to a cybersecurity threat. (2) Coordination In developing the procedures required under this section, the Director of National Intelligence, the Secretary of Homeland Security, the Secretary of Defense, and the Attorney General shall coordinate with appropriate Federal entities, including the National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 (c) Submittal to Congress Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the heads of the appropriate Federal entities, shall submit to Congress the procedures required by subsection (a). 4. Authorizations for preventing, detecting, analyzing, and mitigating cybersecurity threats (a) Authorization for monitoring (1) In general Notwithstanding any other provision of law, a private entity may, for cybersecurity purposes, monitor— (A) an information system of such private entity; (B) an information system of another entity, upon the authorization and written consent of such other entity; (C) an information system of a Federal entity, upon the authorization and written consent of an authorized representative of the Federal entity; and (D) information that is stored on, processed by, or transiting an information system monitored by the private entity under this paragraph. (2) Construction Nothing in this subsection shall be construed— (A) to authorize the monitoring of an information system, or the use of any information obtained through such monitoring, other than as provided in this Act; or (B) to limit otherwise lawful activity. (b) Authorization for operation of defensive measures (1) In general Notwithstanding any other provision of law, a private entity may, for cybersecurity purposes, operate a defensive measure that is applied to— (A) an information system of such private entity in order to protect the rights or property of the private entity; (B) an information system of another entity upon written consent of such entity for operation of such defensive measure to protect the rights or property of such entity; and (C) an information system of a Federal entity upon written consent of an authorized representative of such Federal entity for operation of such defensive measure to protect the rights or property of the Federal Government. (2) Construction Nothing in this subsection shall be construed— (A) to authorize the use of a defensive measure other than as provided in this subsection; or (B) to limit otherwise lawful activity. (c) Authorization for sharing or receiving cyber threat indicators or defensive measures (1) In general Except as provided in paragraph (2) and notwithstanding any other provision of law, an entity may, for the purposes permitted under this Act and consistent with the protection of classified information, share with, or receive from, any other entity or the Federal Government a cyber threat indicator or defensive measure. (2) Lawful restriction An entity receiving a cyber threat indicator or defensive measure from another entity or Federal entity shall comply with otherwise lawful restrictions placed on the sharing or use of such cyber threat indicator or defensive measure by the sharing entity or Federal entity. (3) Construction Nothing in this subsection shall be construed— (A) to authorize the sharing or receiving of a cyber threat indicator or defensive measure other than as provided in this subsection; or (B) to limit otherwise lawful activity. (d) Protection and use of information (1) Security of information An entity monitoring an information system, operating a defensive measure, or providing or receiving a cyber threat indicator or defensive measure under this section shall implement and utilize a security control to protect against unauthorized access to or acquisition of such cyber threat indicator or defensive measure. (2) Removal of certain personal information An entity sharing a cyber threat indicator pursuant to this Act shall, prior to such sharing— (A) review such cyber threat indicator to assess whether such cyber threat indicator contains any information that the entity knows at the time of sharing to be personal information of or identifying a specific person not directly related to a cybersecurity threat and remove such information; or (B) implement and utilize a technical capability configured to remove any information contained within such indicator that the entity knows at the time of sharing to be personal information of or identifying a specific person not directly related to a cybersecurity threat. (3) Use of cyber threat indicators and defensive measures by entities (A) In general Consistent with this Act, a cyber threat indicator or defensive measure shared or received under this section may, for cybersecurity purposes— (i) be used by an entity to monitor or operate a defensive measure on— (I) an information system of the entity; or (II) an information system of another entity or a Federal entity upon the written consent of that other entity or that Federal entity; and (ii) be otherwise used, retained, and further shared by an entity subject to— (I) an otherwise lawful restriction placed by the sharing entity or Federal entity on such cyber threat indicator or defensive measure; or (II) an otherwise applicable provision of law. (B) Construction Nothing in this paragraph shall be construed to authorize the use of a cyber threat indicator or defensive measure other than as provided in this section. (4) Use of cyber threat indicators by State, tribal, or local government (A) Law enforcement use (i) Prior written consent Except as provided in clause (ii), a cyber threat indicator shared with a State, tribal, or local government under this section may, with the prior written consent of the entity sharing such indicator, be used by a State, tribal, or local government for the purpose of preventing, investigating, or prosecuting any of the offenses described in section 5(d)(5)(A)(vi). (ii) Oral consent If exigent circumstances prevent obtaining written consent under clause (i), such consent may be provided orally with subsequent documentation of the consent. (B) Exemption from disclosure A cyber threat indicator shared with a State, tribal, or local government under this section shall be— (i) deemed voluntarily shared information; and (ii) exempt from disclosure under any State, tribal, or local law requiring disclosure of information or records. (C) State, tribal, and local regulatory authority (i) In general Except as provided in clause (ii), a cyber threat indicator or defensive measure shared with a State, tribal, or local government under this Act shall not be directly used by any State, tribal, or local government to regulate, including an enforcement action, the lawful activity of any entity, including an activity relating to monitoring, operating a defensive measure, or sharing of a cyber threat indicator. (ii) Regulatory authority specifically relating to prevention or mitigation of cybersecurity threats A cyber threat indicator or defensive measures shared as described in clause (i) may, consistent with a State, tribal, or local government regulatory authority specifically relating to the prevention or mitigation of cybersecurity threats to information systems, inform the development or implementation of a regulation relating to such information systems. (e) Antitrust exemption (1) In general Except as provided in section 8(e), it shall not be considered a violation of any provision of antitrust laws for 2 or more private entities to exchange or provide a cyber threat indicator, or assistance relating to the prevention, investigation, or mitigation of a cybersecurity threat, for cybersecurity purposes under this Act. (2) Applicability Paragraph (1) shall apply only to information that is exchanged or assistance provided in order to assist with— (A) facilitating the prevention, investigation, or mitigation of a cybersecurity threat to an information system or information that is stored on, processed by, or transiting an information system; or (B) communicating or disclosing a cyber threat indicator to help prevent, investigate, or mitigate the effect of a cybersecurity threat to an information system or information that is stored on, processed by, or transiting an information system. (f) No right or benefit The sharing of a cyber threat indicator with an entity under this Act shall not create a right or benefit to similar information by such entity or any other entity. 5. Sharing of cyber threat indicators and defensive measures with the Federal Government (a) Requirement for policies and procedures (1) Interim policies and procedures Not later than 60 days after the date of the enactment of this Act, the Attorney General, in coordination with the heads of the appropriate Federal entities, shall develop and submit to Congress interim policies and procedures relating to the receipt of cyber threat indicators and defensive measures by the Federal Government. (2) Final policies and procedures Not later than 180 days after the date of the enactment of this Act, the Attorney General shall, in coordination with the heads of the appropriate Federal entities, promulgate final policies and procedures relating to the receipt of cyber threat indicators and defensive measures by the Federal Government. (3) Requirements concerning policies and procedures Consistent with the guidelines required by subsection (b), the policies and procedures developed and promulgated under this subsection shall— (A) ensure that cyber threat indicators are shared with the Federal Government by any entity pursuant to section 4(c) through the real-time process described in subsection (c) of this section— (i) are shared in an automated manner with all of the appropriate Federal entities; (ii) are not subject to any delay, modification, or any other action that could impede real-time receipt by all of the appropriate Federal entities; and (iii) may be provided to other Federal entities; (B) ensure that cyber threat indicators shared with the Federal Government by any entity pursuant to section 4 in a manner other than the real-time process described in subsection (c) of this section— (i) are shared as quickly as operationally practicable with all of the appropriate Federal entities; (ii) are not subject to any unnecessary delay, interference, or any other action that could impede receipt by all of the appropriate Federal entities; and (iii) may be provided to other Federal entities; (C) consistent with this Act, any other applicable provisions of law, and the fair information practice principles set forth in appendix A of the document entitled National Strategy for Trusted Identities in Cyberspace (D) ensure there is— (i) an audit capability; and (ii) appropriate sanctions in place for officers, employees, or agents of a Federal entity who knowingly and willfully conduct activities under this Act in an unauthorized manner. (4) Guidelines for entities sharing cyber threat indicators with Federal Government (A) In general Not later than 60 days after the date of the enactment of this Act, the Attorney General shall develop and make publicly available guidance to assist entities and promote sharing of cyber threat indicators with Federal entities under this Act. (B) Contents The guidelines developed and made publicly available under subparagraph (A) shall include guidance on the following: (i) Identification of types of information that would qualify as a cyber threat indicator under this Act that would be unlikely to include personal information of or identifying a specific person not directly related to a cyber security threat. (ii) Identification of types of information protected under otherwise applicable privacy laws that are unlikely to be directly related to a cybersecurity threat. (iii) Such other matters as the Attorney General considers appropriate for entities sharing cyber threat indicators with Federal entities under this Act. (b) Privacy and civil liberties (1) Guidelines of Attorney General Not later than 60 days after the date of the enactment of this Act, the Attorney General shall, in coordination with heads of the appropriate Federal entities and in consultation with officers designated under section 1062 of the National Security Intelligence Reform Act of 2004 ( 42 U.S.C. 2000ee–1 (2) Final guidelines (A) In general Not later than 180 days after the date of the enactment of this Act, the Attorney General shall, in coordination with heads of the appropriate Federal entities and in consultation with officers designated under section 1062 of the National Security Intelligence Reform Act of 2004 ( 42 U.S.C. 2000ee–1 (B) Periodic review The Attorney General shall, in coordination with heads of the appropriate Federal entities and in consultation with officers and private entities described in subparagraph (A), periodically review the guidelines promulgated under subparagraph (A). (3) Content The guidelines required by paragraphs (1) and (2) shall, consistent with the need to protect information systems from cybersecurity threats and mitigate cybersecurity threats— (A) limit the impact on privacy and civil liberties of activities by the Federal Government under this Act; (B) limit the receipt, retention, use, and dissemination of cyber threat indicators containing personal information of or identifying specific persons, including by establishing— (i) a process for the timely destruction of such information that is known not to be directly related to uses authorized under this Act; and (ii) specific limitations on the length of any period in which a cyber threat indicator may be retained; (C) include requirements to safeguard cyber threat indicators containing personal information of or identifying specific persons from unauthorized access or acquisition, including appropriate sanctions for activities by officers, employees, or agents of the Federal Government in contravention of such guidelines; (D) include procedures for notifying entities and Federal entities if information received pursuant to this section is known or determined by a Federal entity receiving such information not to constitute a cyber threat indicator; (E) protect the confidentiality of cyber threat indicators containing personal information of or identifying specific persons to the greatest extent practicable and require recipients to be informed that such indicators may only be used for purposes authorized under this Act; and (F) include steps that may be needed so that dissemination of cyber threat indicators is consistent with the protection of classified and other sensitive national security information. (c) Capability and process within the Department of Homeland Security (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the heads of the appropriate Federal entities, shall develop and implement a capability and process within the Department of Homeland Security that— (A) shall accept from any entity in real time cyber threat indicators and defensive measures, pursuant to this section; (B) shall, upon submittal of the certification under paragraph (2) that such capability and process fully and effectively operates as described in such paragraph, be the process by which the Federal Government receives cyber threat indicators and defensive measures under this Act that are shared by a private entity with the Federal Government through electronic mail or media, an interactive form on an Internet website, or a real time, automated process between information systems except— (i) communications between a Federal entity and a private entity regarding a previously shared cyber threat indicator; and (ii) communications by a regulated entity with such entity's Federal regulatory authority regarding a cybersecurity threat; (C) ensures that all of the appropriate Federal entities receive in an automated manner such cyber threat indicators shared through the real-time process within the Department of Homeland Security; (D) is in compliance with the policies, procedures, and guidelines required by this section; and (E) does not limit or prohibit otherwise lawful disclosures of communications, records, or other information, including— (i) reporting of known or suspected criminal activity, by an entity to any other entity or a Federal entity; (ii) voluntary or legally compelled participation in a Federal investigation; and (iii) providing cyber threat indicators or defensive measures as part of a statutory or authorized contractual requirement. (2) Certification Not later than 10 days prior to the implementation of the capability and process required by paragraph (1), the Secretary of Homeland Security shall, in consultation with the heads of the appropriate Federal entities, certify to Congress whether such capability and process fully and effectively operates— (A) as the process by which the Federal Government receives from any entity a cyber threat indicator or defensive measure under this Act; and (B) in accordance with the policies, procedures, and guidelines developed under this section. (3) Public notice and access The Secretary of Homeland Security shall ensure there is public notice of, and access to, the capability and process developed and implemented under paragraph (1) so that— (A) any entity may share cyber threat indicators and defensive measures through such process with the Federal Government; and (B) all of the appropriate Federal entities receive such cyber threat indicators and defensive measures in real time with receipt through the process within the Department of Homeland Security. (4) Other Federal entities The process developed and implemented under paragraph (1) shall ensure that other Federal entities receive in a timely manner any cyber threat indicators and defensive measures shared with the Federal Government through such process. (5) Report on development and implementation (A) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report on the development and implementation of the capability and process required by paragraph (1), including a description of such capability and process and the public notice of, and access to, such process. (B) Classified annex The report required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex. (d) Information shared with or provided to the Federal Government (1) No waiver of privilege or protection The provision of cyber threat indicators and defensive measures to the Federal Government under this Act shall not constitute a waiver of any applicable privilege or protection provided by law, including trade secret protection. (2) Proprietary information Consistent with section 4(c)(2), a cyber threat indicator or defensive measure provided by an entity to the Federal Government under this Act shall be considered the commercial, financial, and proprietary information of such entity when so designated by the originating entity or a third party acting in accordance with the written authorization of the originating entity. (3) Exemption from disclosure Cyber threat indicators and defensive measures provided to the Federal Government under this Act shall be— (A) deemed voluntarily shared information and exempt from disclosure under section 552 of title 5, United States Code, and any State, tribal, or local law requiring disclosure of information or records; and (B) withheld, without discretion, from the public under section 552(b)(3)(B) of title 5, United States Code, and any State, tribal, or local provision of law requiring disclosure of information or records. (4) Ex parte communications The provision of a cyber threat indicator or defensive measure to the Federal Government under this Act shall not be subject to a rule of any Federal agency or department or any judicial doctrine regarding ex parte communications with a decisionmaking official. (5) Disclosure, retention, and use (A) Authorized activities Cyber threat indicators and defensive measures provided to the Federal Government under this Act may be disclosed to, retained by, and used by, consistent with otherwise applicable provisions of Federal law, any Federal agency or department, component, officer, employee, or agent of the Federal Government solely for— (i) a cybersecurity purpose; (ii) the purpose of identifying a cybersecurity threat, including the source of such cybersecurity threat, or a security vulnerability; (iii) the purpose of identifying a cybersecurity threat involving the use of an information system by a foreign adversary or terrorist; (iv) the purpose of responding to, or otherwise preventing or mitigating, an imminent threat of death, serious bodily harm, or serious economic harm, including a terrorist act or a use of a weapon of mass destruction; (v) the purpose of responding to, or otherwise preventing or mitigating, a serious threat to a minor, including sexual exploitation and threats to physical safety; or (vi) the purpose of preventing, investigating, disrupting, or prosecuting an offense arising out of a threat described in clause (iv) or any of the offenses listed in— (I) section 3559(c)(2)(F) of title 18, United States Code (relating to serious violent felonies); (II) sections 1028 through 1030 of such title (relating to fraud and identity theft); (III) chapter 37 of such title (relating to espionage and censorship); and (IV) chapter 90 of such title (relating to protection of trade secrets). (B) Prohibited activities Cyber threat indicators and defensive measures provided to the Federal Government under this Act shall not be disclosed to, retained by, or used by any Federal agency or department for any use not permitted under subparagraph (A). (C) Privacy and civil liberties Cyber threat indicators and defensive measures provided to the Federal Government under this Act shall be retained, used, and disseminated by the Federal Government— (i) in accordance with the policies, procedures, and guidelines required by subsections (a) and (b); (ii) in a manner that protects from unauthorized use or disclosure any cyber threat indicators that may contain personal information of or identifying specific persons; and (iii) in a manner that protects the confidentiality of cyber threat indicators containing personal information of or identifying a specific person. (D) Federal regulatory authority (i) In general Except as provided in clause (ii), cyber threat indicators and defensive measures provided to the Federal Government under this Act shall not be directly used by any Federal, State, tribal, or local government to regulate, including an enforcement action, the lawful activities of any entity, including activities relating to monitoring, operating defensive measures, or sharing cyber threat indicators. (ii) Exceptions (I) Regulatory authority specifically relating to prevention or mitigation of cybersecurity threats Cyber threat indicators and defensive measures provided to the Federal Government under this Act may, consistent with Federal or State regulatory authority specifically relating to the prevention or mitigation of cybersecurity threats to information systems, inform the development or implementation of regulations relating to such information systems. (II) Procedures developed and implemented under this Act Clause (i) shall not apply to procedures developed and implemented under this Act. 6. Protection from liability (a) Monitoring of information systems No cause of action shall lie or be maintained in any court against any private entity, and such action shall be promptly dismissed, for the monitoring of information systems and information under section 4(a) that is conducted in accordance with this Act. (b) Sharing or receipt of cyber threat indicators No cause of action shall lie or be maintained in any court against any entity, and such action shall be promptly dismissed, for the sharing or receipt of cyber threat indicators or defensive measures under section 4(c) if— (1) such sharing or receipt is conducted in accordance with this Act; and (2) in a case in which a cyber threat indicator or defensive measure is shared with the Federal Government, the cyber threat indicator or defensive measure is shared in a manner that is consistent with section 5(c)(1)(B) and the sharing or receipt, as the case may be, occurs after the earlier of— (A) the date on which the interim policies and procedures are submitted to Congress under section 5(a)(1); or (B) the date that is 60 days after the date of the enactment of this Act. (c) Construction Nothing in this section shall be construed— (1) to require dismissal of a cause of action against an entity that has engaged in gross negligence or willful misconduct in the course of conducting activities authorized by this Act; or (2) to undermine or limit the availability of otherwise applicable common law or statutory defenses. 7. Oversight of Government activities (a) Biennial report on implementation (1) In general Not later than 1 year after the date of the enactment of this Act, and not less frequently than once every 2 years thereafter, the heads of the appropriate Federal entities shall jointly submit and the Inspector General of the Department of Homeland Security, the Inspector General of the Intelligence Community, the Inspector General of the Department of Justice, the Inspector General of the Department of Defense, and the Inspector General of the Department of Energy, in consultation with the Council of Inspectors General on Financial Oversight, shall jointly submit to Congress a detailed report concerning the implementation of this Act. (2) Contents Each report submitted under paragraph (1) shall include the following: (A) An assessment of the sufficiency of the policies, procedures, and guidelines required by section 5 in ensuring that cyber threat indicators are shared effectively and responsibly within the Federal Government. (B) An evaluation of the effectiveness of real-time information sharing through the capability and process developed under section 5(c), including any impediments to such real-time sharing. (C) An assessment of the sufficiency of the procedures developed under section 3 in ensuring that cyber threat indicators in the possession of the Federal Government are shared in a timely and adequate manner with appropriate entities, or, if appropriate, are made publicly available. (D) An assessment of whether cyber threat indicators have been properly classified and an accounting of the number of security clearances authorized by the Federal Government for the purposes of this Act. (E) A review of the type of cyber threat indicators shared with the Federal Government under this Act, including the following: (i) The degree to which such information may impact the privacy and civil liberties of specific persons. (ii) A quantitative and qualitative assessment of the impact of the sharing of such cyber threat indicators with the Federal Government on privacy and civil liberties of specific persons. (iii) The adequacy of any steps taken by the Federal Government to reduce such impact. (F) A review of actions taken by the Federal Government based on cyber threat indicators shared with the Federal Government under this Act, including the appropriateness of any subsequent use or dissemination of such cyber threat indicators by a Federal entity under section 5. (G) A description of any significant violations of the requirements of this Act by the Federal Government. (H) A summary of the number and type of entities that received classified cyber threat indicators from the Federal Government under this Act and an evaluation of the risks and benefits of sharing such cyber threat indicators. (3) Recommendations Each report submitted under paragraph (1) may include recommendations for improvements or modifications to the authorities and processes under this Act. (4) Form of report Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (b) Reports on privacy and civil liberties (1) Biennial report from Privacy and Civil Liberties Oversight Board Not later than 2 years after the date of the enactment of this Act and not less frequently than once every 2 years thereafter, the Privacy and Civil Liberties Oversight Board shall submit to Congress and the President a report providing— (A) an assessment of the effect on privacy and civil liberties by the type of activities carried out under this Act; and (B) an assessment of the sufficiency of the policies, procedures, and guidelines established pursuant to section 5 in addressing concerns relating to privacy and civil liberties. (2) Biennial report of Inspectors general (A) In general Not later than 2 years after the date of the enactment of this Act and not less frequently than once every 2 years thereafter, the Inspector General of the Department of Homeland Security, the Inspector General of the Intelligence Community, the Inspector General of the Department of Justice, the Inspector General of the Department of Defense, and the Inspector General of the Department of Energy shall, in consultation with the Council of Inspectors General on Financial Oversight, jointly submit to Congress a report on the receipt, use, and dissemination of cyber threat indicators and defensive measures that have been shared with Federal entities under this Act. (B) Contents Each report submitted under subparagraph (A) shall include the following: (i) A review of the types of cyber threat indicators shared with Federal entities. (ii) A review of the actions taken by Federal entities as a result of the receipt of such cyber threat indicators. (iii) A list of Federal entities receiving such cyber threat indicators. (iv) A review of the sharing of such cyber threat indicators among Federal entities to identify inappropriate barriers to sharing information. (3) Recommendations Each report submitted under this subsection may include such recommendations as the Privacy and Civil Liberties Oversight Board, with respect to a report submitted under paragraph (1), or the Inspectors General referred to in paragraph (2)(A), with respect to a report submitted under paragraph (2), may have for improvements or modifications to the authorities under this Act. (4) Form Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex. 8. Construction and preemption (a) Otherwise lawful disclosures Nothing in this Act shall be construed— (1) to limit or prohibit otherwise lawful disclosures of communications, records, or other information, including reporting of known or suspected criminal activity, by an entity to any other entity or the Federal Government under this Act; or (2) to limit or prohibit otherwise lawful use of such disclosures by any Federal entity, even when such otherwise lawful disclosures duplicate or replicate disclosures made under this Act. (b) Whistle blower protections Nothing in this Act shall be construed to prohibit or limit the disclosure of information protected under section 2302(b)(8) of title 5, United States Code (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats), section 7211 of title 5, United States Code (governing disclosures to Congress), section 1034 of title 10, United States Code (governing disclosure to Congress by members of the military), section 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 (c) Protection of sources and methods Nothing in this Act shall be construed— (1) as creating any immunity against, or otherwise affecting, any action brought by the Federal Government, or any agency or department thereof, to enforce any law, executive order, or procedure governing the appropriate handling, disclosure, or use of classified information; (2) to affect the conduct of authorized law enforcement or intelligence activities; or (3) to modify the authority of a department or agency of the Federal Government to protect classified information and sources and methods and the national security of the United States. (d) Relationship to other laws Nothing in this Act shall be construed to affect any requirement under any other provision of law for an entity to provide information to the Federal Government. (e) Prohibited conduct Nothing in this Act shall be construed to permit price-fixing, allocating a market between competitors, monopolizing or attempting to monopolize a market, boycotting, or exchanges of price or cost information, customer lists, or information regarding future competitive planning. (f) Information sharing relationships Nothing in this Act shall be construed— (1) to limit or modify an existing information sharing relationship; (2) to prohibit a new information sharing relationship; (3) to require a new information sharing relationship between any entity and the Federal Government; or (4) to require the use of the capability and process within the Department of Homeland Security developed under section 5(c). (g) Preservation of contractual obligations and rights Nothing in this Act shall be construed— (1) to amend, repeal, or supersede any current or future contractual agreement, terms of service agreement, or other contractual relationship between any entities, or between any entity and a Federal entity; or (2) to abrogate trade secret or intellectual property rights of any entity or Federal entity. (h) Anti-Tasking restriction Nothing in this Act shall be construed to permit the Federal Government— (1) to require an entity to provide information to the Federal Government; (2) to condition the sharing of cyber threat indicators with an entity on such entity’s provision of cyber threat indicators to the Federal Government; or (3) to condition the award of any Federal grant, contract, or purchase on the provision of a cyber threat indicator to a Federal entity. (i) No liability for non-Participation Nothing in this Act shall be construed to subject any entity to liability for choosing not to engage in the voluntary activities authorized in this Act. (j) Use and retention of information Nothing in this Act shall be construed to authorize, or to modify any existing authority of, a department or agency of the Federal Government to retain or use any information shared under this Act for any use other than permitted in this Act. (k) Federal preemption (1) In general This Act supersedes any statute or other provision of law of a State or political subdivision of a State that restricts or otherwise expressly regulates an activity authorized under this Act. (2) State law enforcement Nothing in this Act shall be construed to supersede any statute or other provision of law of a State or political subdivision of a State concerning the use of authorized law enforcement practices and procedures. (l) Regulatory authority Nothing in this Act shall be construed— (1) to authorize the promulgation of any regulations not specifically authorized by this Act; (2) to establish or limit any regulatory authority not specifically established or limited under this Act; or (3) to authorize regulatory actions that would duplicate or conflict with regulatory requirements, mandatory standards, or related processes under another provision of Federal law. (m) Authority of Secretary of Defense To respond to cyber attacks Nothing in this Act shall be construed to limit the authority of the Secretary of Defense to develop, prepare, coordinate, or, when authorized by the President to do so, conduct a military cyber operation in response to a malicious cyber activity carried out against the United States or a United States person by a foreign government or an organization sponsored by a foreign government or a terrorist organization. 9. Report on cybersecurity threats (a) Report required Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of other appropriate elements of the intelligence community, shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report on cybersecurity threats, including cyber attacks, theft, and data breaches. (b) Contents The report required by subsection (a) shall include the following: (1) An assessment of the current intelligence sharing and cooperation relationships of the United States with other countries regarding cybersecurity threats, including cyber attacks, theft, and data breaches, directed against the United States and which threaten the United States national security interests and economy and intellectual property, specifically identifying the relative utility of such relationships, which elements of the intelligence community participate in such relationships, and whether and how such relationships could be improved. (2) A list and an assessment of the countries and nonstate actors that are the primary threats of carrying out a cybersecurity threat, including a cyber attack, theft, or data breach, against the United States and which threaten the United States national security, economy, and intellectual property. (3) A description of the extent to which the capabilities of the United States Government to respond to or prevent cybersecurity threats, including cyber attacks, theft, or data breaches, directed against the United States private sector are degraded by a delay in the prompt notification by private entities of such threats or cyber attacks, theft, and breaches. (4) An assessment of additional technologies or capabilities that would enhance the ability of the United States to prevent and to respond to cybersecurity threats, including cyber attacks, theft, and data breaches. (5) An assessment of any technologies or practices utilized by the private sector that could be rapidly fielded to assist the intelligence community in preventing and responding to cybersecurity threats. (c) Form of report The report required by subsection (a) shall be made available in classified and unclassified forms. (d) Intelligence community defined In this section, the term intelligence community 50 U.S.C. 3003 10. Conforming amendments (a) Public information Section 552(b) of title 5, United States Code, is amended— (1) in paragraph (8), by striking or (2) in paragraph (9), by striking wells. wells; or (3) by inserting after paragraph (9) the following: (10) information shared with or provided to the Federal Government pursuant to the Cybersecurity Information Sharing Act of 2015 . (b) Modification of limitation on dissemination of certain information concerning penetrations of defense contractor networks Section 941(c)(3) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 10 U.S.C. 2224 The Secretary may share such information with other Federal entities if such information consists of cyber threat indicators and defensive measures and such information is shared consistent with the policies and procedures promulgated by the Attorney General under section 5 of the Cybersecurity Information Sharing Act of 2015 March 17, 2015 Read twice and placed on the calendar

Summary: Highlights: This bill requires the Director of National Intelligence and the Departments of Homeland Security (DHS), Defense, and Justice to develop procedures to share cybersecurity threat information with private entities, nonfederal government agencies, state, tribal, and local governments, the public, and entities under&nbsp;threats. To detect, prevent, or mitigate cybersecurity threats or security vulnerabilities, private entities may monitor and operate defensive measures on: (1) their own information systems; and (2) with written consent, the information systems of other private or government entities. Liability protections are provided to entities that voluntarily share and receive cyber threat indicators and defensive measures with other entities or the government. A sharing process must be developed within DHS for the federal government to: (1) receive indicators and defensive measures that are shared by any entity, and (2) ensure that appropriate federal entities receive shared indicators in an automated, real-time&nbsp;manner. The bill limits the purposes for which the government may use shared information to certain cybersecurity purposes and responses to imminent threats or serious threats to a minor. The crimes that may be prosecuted with such information are restricted to offenses relating to fraud and identity theft, espionage, censorship, trade secrets, or an imminent threat of death, serious bodily harm, or serious economic harm, including a terrorist act or use of a weapon of mass destruction. DHS must also deploy a system to: (1) detect cybersecurity risks in network traffic transiting or traveling to or from an agency information system, and (2) prevent or modify such traffic to remove cybersecurity risks. The DHS Secretary may: (1) issue emergency directives to agencies in response to a substantial information security threat, vulnerability, or incident; or (2) authorize intrusion detection and prevention capabilities to secure agency information systems in the case of an imminent threat. Federal agencies must identify and mitigate skill shortages in federal workforce positions requiring the performance of cybersecurity functions. The Department of State must develop a diplomacy strategy to obtain agreements on international behavior in cyberspace and consult with countries regarding the prosecution and prevention of cyber or intellectual property crimes. The National Cybersecurity and Communications Integration Center must&nbsp;establish a process for statewide interoperability coordinators to report risks or incidents involving networks used by emergency response providers. The Department of Health and Human Services must convene a task force to: (1) plan a single system for the federal government to share intelligence regarding cybersecurity threats to the health care industry, and (2) recommend protections for networked medical devices and electronic health records. DHS must develop a strategy to ensure that a cyber incident affecting critical infrastructure entities will not result in catastrophic regional or national effects on public health or safety, economic security, or national security. The bill also allows criminal penalties for fraud involving account access devices to be imposed regardless of whether the underlying articles, property, or proceeds are held within, or have transferred through, U.S. jurisdiction. Full Summary: TITLE I--CYBERSECURITY INFORMATION SHARING Cybersecurity Information Sharing Act of 2015 (Sec. 103) This title requires the Director of National Intelligence (DNI) and the Departments of Homeland Security (DHS), Defense (DOD), and Justice (DOJ) to develop and promulgate procedures to promote the sharing of: (1) classified and declassified cyber threat indicators in possession of the federal government with private entities, nonfederal government agencies, or state, tribal, or local governments; (2) unclassified indicators with the public; (3) information with entities under cybersecurity threats to prevent or mitigate adverse effects; and (4) cybersecurity best practices with attention to the challenges&nbsp;faced by&nbsp;small businesses. The procedures must incorporate sector specific information sharing and analysis centers and other existing processes of federal and nonfederal entities for information sharing by the federal government. The procedures must also include a process for timely notifications to: (1) recipients of threat indicators from federal entities when the federal government has shared indicators in error or in contravention of law, and (2) U.S. persons whose personal information has been shared by the federal government in violation of this Act. The DNI must submit such procedures to Congress within 60 days after enactment of this Act. (Sec. 104) To detect, prevent, or mitigate cybersecurity threats or security vulnerabilities, private entities may monitor and operate defensive measures on: (1) their own information systems; and (2) with authorization and written consent, the information systems of other private or government entities. A "defensive measure" is an action, device, procedure, signature, technique, or other measure applied to an information system or information that is stored on or processed by, or that is transiting, an information system that detects, prevents, or mitigates a known or suspected cybersecurity threat or security vulnerability. Defensive measures do not include measures that destroy, render unusable, provide unauthorized access to, or substantially harm an information system or data not belonging to: (1) the private entity operating the measure, or (2) another entity that is authorized to provide, and has provided, consent to that private entity for operation of such measure. The term "private entity" includes state, tribal, or local governments performing electric or other utility services but excludes foreign powers under the Foreign Intelligence Surveillance Act of 1978. Entities may share and receive indicators and defensive measures with other entities or the federal government for a cybersecurity purpose. Recipients must comply with lawful restrictions that sharing entities place on the sharing or use of shared indicators or defensive measures. The federal government and entities monitoring, operating, or sharing indicators or defensive measures must: (1) utilize security controls to protect against unauthorized access or acquisitions, and (2) remove personal information, or information that identifies a specific person not directly related to a cybersecurity threat, prior to sharing an indicator. State, tribal, or local agencies may use shared indicators (with the consent of the entity sharing the indicators) to prevent, investigate, or prosecute offenses relating to: (1) an imminent threat of death, serious bodily harm, or serious economic harm, including a terrorist act or use of a weapon of mass destruction; or (2) crimes involving fraud and identity theft, espionage and censorship, or trade secrets. This title exempts from antitrust laws private entities that, for cybersecurity purposes, exchange or provide: (1) cyber threat indicators; or (2) assistance relating to the prevention, investigation, or mitigation of cybersecurity threats. The exemption is inapplicable to price-fixing, allocating a market between competitors, monopolizing or attempting to monopolize a market, boycotting, or exchanges of price or cost information, customer lists, or information regarding future competitive planning. (Sec. 105) DOJ and DHS must promulgate procedures relating to the receipt of indicators and defensive measures by the federal government. The procedures must include automated real-time sharing procedures, an audit capability, and appropriate sanctions for federal officers, employees, or agents who conduct unauthorized activities. DOJ and DHS must also develop, and make publicly available, guidelines to assist entities in sharing indicators with the federal government, including guidance for identifying and protecting personal information. DOJ must promulgate, and review at least every two years, privacy and civil liberties guidelines to limit receipt, retention, use, and dissemination of personal or identifying information. The guidelines must include steps to make dissemination of cyber threat indicators consistent with the protection of classified and other sensitive national security information. DHS must develop a process within DHS for the federal government to: (1) accept cyber threat indicators and defensive measures from any entity in real time, and (2) ensure that appropriate federal entities receive the shared indicators in an automated manner through that real-time process. Before the process is implemented, DHS must certify to Congress that the DHS sharing capability is fully operational. This title requires the DHS capability to be the process by which the federal government receives indicators and defensive measures under this title that are shared by a private entity with the federal government through electronic mail or media, an interactive Internet website form, or a real-time, automated process between information systems, except: (1) communications between a federal entity and a private entity regarding a previously shared cyber threat indicator to describe the relevant cybersecurity threat or develop a defensive measure based on such indicator, and (2) communications by a regulated entity with such entity's federal regulatory authority regarding a cybersecurity threat. DHS's process is prohibited from limiting lawful disclosures of communications, records, or other information to: (1) report known or suspected criminal activity, (2) participate in a federal investigation voluntarily or upon being legally compelled, or (3) provide indicators or defensive measures as part of a statutory or authorized contractual requirement. DHS must ensure that there is public notice of, and access to, the DHS sharing procedures. DHS must report to Congress regarding implementation of the sharing process within DHS. Cyber threat indicators and defensive measures shared with the federal government and threat indicators shared with state, tribal, or local governments are: (1) deemed voluntarily shared information, and (2) exempt from disclosure and withheld from the public under any laws of such jurisdictions requiring disclosure of information or records. Consistent with otherwise applicable federal law, indicators and defensive measures may be disclosed to, retained by, and used by any federal agency or federal government agent solely for: protecting an information system or information that is stored on, processed by, or transiting an information system from a cybersecurity threat or security vulnerability; identifying a cybersecurity threat, including the source, or a security vulnerability; identifying the use of an information system by a foreign adversary or terrorist; responding to, or otherwise preventing or mitigating, a serious threat to a minor or an imminent threat of death, serious bodily harm, or serious economic harm, including a terrorist act or a use of a weapon of mass destruction; or preventing, investigating, disrupting, or prosecuting an offense arising out of an imminent threat of death, serious bodily harm, or serious economic harm, as well as offenses relating to fraud and identity theft, espionage and censorship, or trade secrets. Indicators and defensive measures provided to the government may not be used by government agencies to regulate the lawful activities of an entity. (Sec. 106) Liability protections are provided to entities acting in accordance with this title that: (1) monitor information systems; or (2) share or receive indicators or defensive measures, provided that the manner in which an entity shares such indicators or measures with the federal government is consistent with specified procedures and exceptions set forth under the DHS sharing process. (Sec. 107) The appropriate federal entities and inspectors general must report to Congress at least every two years concerning the implementation of this title. The reports must include: whether cyber threat indicators have been properly classified; an accounting of the number of security clearances authorized for purposes of this title; the type of indicators shared with appropriate federal entities, the number of indicators received through the DHS sharing process, and the number of times shared information was used by a federal entity to prosecute an offense consistent with purposes for which the federal government is authorized to disclose, retain, and use indicators and defensive measures under this title; the effect on privacy and civil liberties of specific persons, including the number of notices that were issued for a failure to remove personal information or information that identified a specific person not directly related to a cybersecurity threat; actions taken by the federal government based on shared cyber threat indicators, including the appropriateness of any federal entity's subsequent use or dissemination of such cyber threat indicators; any significant violations by the federal government; and the types of entities that received classified cyber threat indicators from the federal government. This title also requires reports to Congress, at least every two years, by: (1) the Privacy and Civil Liberties Oversight Board; and (2) inspectors general of DHS, the Intelligence Community, DOJ, DOD, and the Department of Energy regarding shared indicators and defensive measures. (Sec. 108) Nothing in this title shall be construed to permit a federal entity to require an entity to provide information to a federal entity or another entity. (Sec. 109) The DNI must report to Congress regarding cybersecurity threats, including cyber attacks, theft, and data breaches. The report must include: (1) an assessment of current U.S. intelligence sharing and cooperation relationships with other countries regarding cybersecurity threats to the U.S. national security interests, economy, and intellectual property; (2) a list of countries and nonstate actors that are primary threats; (3) a description of the U.S. government's response and prevention capabilities; and (4) an assessment of additional technologies that would enhance U.S. capabilities, including private sector technologies that could be rapidly fielded to assist the intelligence community. (Sec. 110) The National Defense Authorization Act for Fiscal Year 2013 is amended to authorize DOD to share with other federal entities information reported by a cleared defense contractor regarding a penetration of network or information systems. TITLE II--FEDERAL CYBERSECURITY ENHANCEMENT Federal Cybersecurity Enhancement Act of 2015 (Sec. 203) This title amends the Homeland Security Act of 2002 to require DHS, in coordination with the Office of Management and Budget (OMB), to implement an intrusion assessment plan to identify and remove intruders in federal agency information systems. DHS must deploy, operate, and maintain, for use by other agencies, capabilities to: (1) detect cybersecurity risks in network traffic transiting or traveling to or from an agency information system, and (2) prevent or modify such traffic to remove cybersecurity risks. The DHS Secretary may access, and agency heads may disclose to the Secretary, information transiting agency systems, regardless of the location from which the information is accessed, notwithstanding any laws that would otherwise restrict or prevent such disclosures. Agencies must utilize such capabilities and adopt subsequent improvements. DHS must establish a pilot to test and deploy advanced technologies to improve detection and prevention. DHS must also ensure that: (1) the activities are reasonably necessary to protect agency information and systems from a cybersecurity risk, (2) information accessed by DHS will be retained no longer than reasonably necessary for such purposes, and (3) notice is provided to users of agency information systems concerning access to their communications. This title provides liability protections to private entities authorized to assist the Secretary with such capabilities. It prohibits the liability protections from being construed to authorize an Internet service provider to break a user agreement with customers without their consent. DOJ must review the intrusion detection and prevention system for consistency with laws governing acquisition, interception, retention, use, and disclosure of communications. The authority for such capabilities expires seven years after enactment of this Act. DOD, national security systems, and the intelligence community are excluded from procedures of this title. (Sec. 204) DHS must include in the Continuous Diagnostics and Mitigation Program advanced network security tools to improve visibility of network activity to detect and mitigate intrusions and anomalous activity. The OMB must implement a plan to ensure that agencies utilize such advanced tools. DHS must collaborate with the OMB to update government information security metrics to include measures of intrusion and incident detection and response times. The OMB must display additional agency metrics on federal government performance websites. Upon an agency's request, DHS is authorized to operate and maintain technology that is deployed to agencies to diagnose and mitigate against cyber threats and vulnerabilities. (Sec. 205) DHS must issue binding operational directives to assist the OMB in ensuring timely agency adoption of and compliance with standards for securing agency information systems. Agencies must: (1) encrypt sensitive and mission critical data or otherwise render such data indecipherable to unauthorized users; (2) implement single sign-on trusted identity platforms for public websites; and (3) implement identity management, including multifactor authentication standards, for remote access to agency systems and user accounts with elevated privileges. Agency information systems are exempted from such cybersecurity requirements if the agency certifies to the OMB and Congress that the agency has taken all steps necessary to secure the agency's systems and that the requirements would be excessively burdensome and unnecessary. (Sec. 206) The Government Accountability Office (GAO), within three years after enactment of this Act, must report on the effectiveness of the federal government's approach to securing agency information systems. DHS must report annually to Congress on the implementation status of the intrusion detection and prevention capabilities. The OMB must submit to Congress: (1) an annual analysis of agency application of the intrusion detection and prevention capabilities; (2) updated intrusion assessment plans; and (3) annual updates on implementation, assessment findings, agency compliance, utilization of advanced security tools, and security metrics. (Sec. 207) When authority expires for DHS's federal intrusion detection and prevention capabilities, the reporting requirements concerning such capabilities shall also expire. (Sec. 208) The DNI and the OMB must submit to Congress an assessment of: (1) the risks that would result from the breach of unclassified information systems that provide access to information that may enable an adversary to derive information that would otherwise be considered classified, and (2) the cost and impact on the mission carried out by each agency if such systems were subsequently designated as national security systems. (Sec. 209) The DHS Secretary may issue an emergency directive to an agency to take any lawful action with respect to the operation of the agency's information system in response to a known or reasonably suspected information security threat, vulnerability, or incident that represents a substantial threat to information security. DHS must report annually to Congress regarding the specific actions taken pursuant to such directive. The Secretary may also authorize intrusion detection and prevention capabilities to ensure the security of agency information systems if the Secretary: (1) determines that there is an imminent threat to such systems, that operational or emergency directives are unlikely to be timely, and that the risk outweighs any adverse consequences; (2) provides prior notice to the OMB and the chief information officers of the affected agencies and notice to Congress within seven days of taking an action; and (3) authorizes the use of protective capabilities under procedures established in coordination with the OMB. The Secretary may direct or authorize such lawful action or protective capability only: (1) to protect agency information from unauthorized access, use, disclosure, disruption, modification, or destruction; or (2) to require the remediation of, or to protect against, identified information security risks for information collected or maintained by or on behalf of an agency or that portion of an information system used or operated by an agency or by a contractor or other organization on behalf of an agency. The OMB must report to Congress annually regarding specific actions it has taken to enforce agency compliance and accountability. TITLE III--FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT Federal Cybersecurity Workforce Assessment Act of 2015 (Sec. 303) This title requires federal agencies to: (1) identify all personnel positions that require the performance of cybersecurity or other cyber-related functions, and (2) assign a corresponding employment code to such positions using a coding structure that the National Institute of Standards and Technology (NIST) must include in the National Initiative for Cybersecurity Education's National Cybersecurity Workforce Framework. To implement the coding structure: (1) the Office of Personnel Management (OPM) must coordinate with NIST and the DNI to establish procedures to identify such federal civilian positions, and (2) DOD must establish procedures to identify such federal noncivilian positions. Federal agencies must submit to Congress a report identifying: (1) the percentage of personnel with such job functions who currently hold industry-recognized certifications, (2) the preparedness of other civilian and noncivilian cyber personnel without existing credentials to take certification exams, and (3) a strategy for mitigating any identified gaps with training and certification for existing personnel. The agencies must establish procedures to identify all encumbered and vacant positions with such functions and assign the appropriate employment code to each position. (Sec. 304) Annually through 2022, the agencies must submit a report to the OPM that identifies cyber-related roles designated as critical needs in the agency's workforce. The OPM must provide agencies with guidance for identifying roles with acute and emerging skill shortages. The OPM, within two years after enactment of this Act, must identify critical needs for the cyber workforce across all federal agencies and report to Congress regarding the implementation of this Act. (Sec. 305) The GAO must report on the status of the implementation of this title within three years after enactment of this Act. TITLE IV--OTHER CYBER MATTERS (Sec. 401) DHS must report to Congress on threats relating to the security of the mobile devices of the federal government, including a plan for accelerated adoption of secure mobile device technology by DHS. (Sec. 402) The Department of State shall produce a comprehensive strategy relating to U.S. international cyberspace policy. The strategy must include: a review of activities undertaken to support the goal of the President's International Strategy for Cyberspace; a plan to guide the diplomacy of the State Department to obtain agreements on the norms of responsible international behavior in cyberspace; a review of alternative concepts with regard to international norms in cyberspace offered by other foreign countries, including China, Russia, Brazil, and India; a description of cyberspace threats to U.S. national security from foreign countries, state-sponsored actors, and private actors to federal and private sector infrastructure, U.S. intellectual property, and U.S. citizens; a review of deterrent policy tools available to the President; and a review of resources required by the State Department, including the Office of the Coordinator for Cyber Issues, to build international cyber behavior norms. The State Department must brief congressional committees on such issues and make the strategy available to the public. (Sec. 403) The State Department must consult with countries in which international cyber criminals are physically present, and from which extradition is unlikely, to determine what actions those governments have taken to prosecute and prevent cyber or intellectual property crimes against U.S. interests or citizens. The State Department must also report annually to Congress regarding: (1) the number of such criminals located in other countries, including an indication of countries from which extradition is unlikely; (2) its discussions with officials of other countries; and (3) each international cyber criminal extradited to the United States. (Sec. 404) The National Cybersecurity and Communications Integration Center must: (1)&nbsp;establish a process for statewide interoperability coordinators to report cybersecurity risks or incidents involving information systems or networks used by emergency response providers within their states, and (2) develop&nbsp;security and resilience recommendations for such networks. NIST must support, and report to Congress regarding, the development of methods for reducing cybersecurity risks to such emergency response providers. (Sec. 405) The Department of Health and Human Services (HHS) must report to Congress regarding the preparedness of the health care industry in responding to cybersecurity threats. The report must identify the HHS official responsible for coordinating HHS cyber threat efforts and include plans on how HHS divisions will communicate with each other regarding such threats. &nbsp; HHS must convene a one-year task force of health care industry stakeholders, cybersecurity experts, and federal agencies to plan a single system for the federal government to share intelligence regarding cybersecurity threats to the health care industry in near real time without charging a fee to the recipients. The task force must report to Congress regarding the plan and recommendations for securing private entities against cyber attacks and protecting networked medical devices and other software or systems that connect to an electronic health record. The task force must also provide HHS with cybersecurity preparedness information to disseminate to the health care industry. HHS must collaborate with DHS, health care industry stakeholders, NIST, and other entities to establish a single, voluntary, national, health-specific cybersecurity framework with a common set of standards and security practices as a resource for cost-effectively reducing cybersecurity risks for health care organizations. (Sec. 406) Inspectors general of agencies operating national security systems or federal computer systems that provide access to personally identifiable information must report to Congress regarding their agencies': (1) logical access standards for granting or denying requests to obtain and use information and processing services; (2) use of multi-factor logical access controls that require at least two of specified controls (information known to the user, an access device provided to the user, or a unique biometric characteristic of the user) to gain access to information; (3) procedures to detect exfiltration and inventory software and licenses; and (4) policies to ensure that contractors and other entities providing services to the agency implement appropriate data security management practices. (Sec. 407) DHS, in conjunction with appropriate sector-specific agencies or federal entities that regulate critical infrastructure, must: (1) assess entities identified under Executive Order 13636, which provides for the identification of critical infrastructure where a cybersecurity incident could reasonably result in catastrophic regional or national effects on public health or safety, economic security, or national security; (2) report to Congress regarding the extent to which such entities report significant intrusions of information systems essential to the operation of critical infrastructure to DHS or appropriate agency heads in a timely manner; and (3) develop a strategy to ensure that a cybersecurity incident affecting such entities would no longer reasonably result in such catastrophic regional or national effects. (Sec. 408) This section amends the federal criminal code to extend extraterritorially the application of penalties for fraud offenses involving an access device issued, owned, managed, or controlled by a financial institution, account issuer, credit card system member, or other entity organized under the laws of the United States or any U.S. state or territory. (An access device is any card, code, electronic serial number, telecommunications service, or other means of account access that can be used to initiate a transfer of funds or to obtain money, goods, or services.) This section also removes a condition under current law that subjects a person to such penalties only if the underlying articles, property, or proceeds are held within or have transferred through U.S. jurisdiction. (Sec. 409) This Act shall be in effect for ten years beginning on the date of its enactment.