SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Cybersecurity 
and Critical Infrastructure Protection Act of 2014’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—SECURING THE NATION AGAINST CYBER ATTACK 
Sec. 101. Homeland Security Act of 2002 definitions. 
Sec. 102. Enhancement of cybersecurity. 
Sec. 103. Protection of critical infrastructure and information sharing. 
Sec. 104. National Cybersecurity and Communications Integration Center. 
Sec. 105. Cyber incident response and technical assistance. 
Sec. 106. Streamlining of Department cybersecurity organization. 
TITLE II—PUBLIC-PRIVATE COLLABORATION ON CYBERSECURITY 
Sec. 201. Public-private collaboration on cybersecurity. 
Sec. 202. SAFETY Act and qualifying cyber incidents. 
Sec. 203. Prohibition on new regulatory authority. 
Sec. 204. Prohibition on additional authorization of appropriations. 
Sec. 205. Prohibition on collection activities to track individuals’ personally 
identifiable information. 
Sec. 206. Cybersecurity scholars. 
Sec. 207. National Research Council study on the resilience and reliability of 
the Nation’s power grid. 
TITLE III—HOMELAND SECURITY CYBERSECURITY WORKFORCE 
Sec. 301. Homeland security cybersecurity workforce. 
Sec. 302. Personnel authorities. 
TITLE I—SECURING THE NATION 
AGAINST CYBER ATTACK 
SEC. 101. HOMELAND SECURITY ACT OF 2002 DEFINITIONS. 
Section 2 of the Homeland Security Act of 2002 (6 
U.S.C. 101) is amended by adding at the end the following 
new paragraphs:
‘‘(19) The term ‘critical infrastructure’ has the 
meaning given that term in section 1016(e) of the 
USA Patriot Act (42 U.S.C. 5195c(e)). 
‘‘(20) The term ‘critical infrastructure owner’ 
means a person that owns critical infrastructure. 
‘‘(21) The term ‘critical infrastructure operator’ 
means a critical infrastructure owner or other per-
son that manages, runs, or operates, in whole or in 
part, the day-to-day operations of critical infrastruc-
ture. 
‘‘(22) The term ‘cyber incident’ means an inci-
dent, or an attempt to cause an incident, that, if 
successful, would— 
‘‘(A) jeopardize or imminently jeopardize, 
without lawful authority, the security, integrity, 
confidentiality, or availability of an information 
system or network of information systems or 
any information stored on, processed on, or 
transiting such a system or network; 
‘‘(B) constitute a violation or imminent 
threat of violation of law, security policies, secu-
rity procedures, or acceptable use policies re-
lated to such a system or network, or an act of 
terrorism against such a system or network; or
‘‘(C) result in the denial of access to or 
degradation, disruption, or destruction of such 
a system or network, or the defeat of an oper-
ations control or technical control essential to 
the security or operation of such a system or 
network. 
‘‘(23) The term ‘cybersecurity mission’ means 
activities that encompass the full range of threat re-
duction, vulnerability reduction, deterrence, incident 
response, resiliency, and recovery activities to foster 
the security and stability of cyberspace. 
‘‘(24) The term ‘cybersecurity purpose’ means 
the purpose of ensuring the security, integrity, con-
fidentiality, or availability of, or safeguarding, an in-
formation system or network of information systems, 
including protecting such a system or network, or 
data residing on such a system or network, including 
protection of such a system or network, from— 
‘‘(A) a vulnerability of such a system or 
network; 
‘‘(B) a threat to the security, integrity, 
confidentiality, or availability of such a system 
or network, or any information stored on, proc-
essed on, or transiting such a system or net-
work;
‘‘(C) efforts to deny access to or degrade, 
disrupt, or destroy such a system or network; or 
‘‘(D) efforts to gain unauthorized access to 
such a system or network, including to gain 
such unauthorized access for the purpose of 
exfiltrating information stored on, processed on, 
or transiting such a system or network. 
‘‘(25) The term ‘cyber threat’ means any action 
that 
may 
result 
in 
unauthorized 
access 
to, 
exfiltration of, manipulation of, harm of, or impair-
ment to the security, integrity, confidentiality, or 
availability of an information system or network of 
information systems, or information that is stored 
on, processed by, or transiting such a system or net-
work. 
‘‘(26) The term ‘cyber threat information’ 
means information directly pertaining to— 
‘‘(A) a vulnerability of an information sys-
tem or network of information systems of a 
government or private entity; 
‘‘(B) a threat to the security, integrity, 
confidentiality, or availability of such a system 
or network of a government or private entity, or 
any information stored on, processed on, or 
transiting such a system or network;
‘‘(C) efforts to deny access to or degrade, 
disrupt, or destroy such a system or network of 
a government or private entity; 
‘‘(D) efforts to gain unauthorized access to 
such a system or network, including to gain 
such unauthorized access for the purpose of 
exfiltrating information stored on, processed on, 
or transiting such a system or network; or 
‘‘(E) an act of terrorism against an infor-
mation system or network of information sys-
tems. 
‘‘(27) The term ‘Federal civilian information 
systems’— 
‘‘(A) means information, information sys-
tems, and networks of information systems that 
are owned, operated, controlled, or licensed for 
use by, or on behalf of, any Federal agency, in-
cluding such systems or networks used or oper-
ated by another entity on behalf of a Federal 
agency; but 
‘‘(B) does not include— 
‘‘(i) a national security system; or 
‘‘(ii) information, information sys-
tems, and networks of information systems 
that are owned, operated, controlled, or li-
control systems and any associated hardware, soft-
ware, or data. 
‘‘(30) The term ‘private entity’ means any indi-
vidual or any private or publically-traded company, 
public or private utility (including a utility that is a 
unit of a State or local government, or a political 
subdivision of a State government), organization, or 
corporation, including an officer, employee, or agent 
thereof. 
‘‘(31) The term ‘shared situational awareness’ 
means an environment in which cyber threat infor-
mation is shared in real time between all designated 
Federal cyber operations centers to provide action-
able information about all known cyber threats.’’. 
SEC. 102. ENHANCEMENT OF CYBERSECURITY. 
(a) IN GENERAL.—Subtitle C of title II of the Home-
land Security Act of 2002 is amended by adding at the 
end the following new section: 
‘‘SEC. 226. ENHANCEMENT OF CYBERSECURITY. 
‘‘The Secretary, in collaboration with the heads of 
other appropriate Federal Government entities, shall con-
duct activities for cybersecurity purposes, including the 
provision of shared situational awareness to each other to 
enable real-time, integrated, and operational actions to
protect from, prevent, mitigate, respond to, and recover 
from cyber incidents.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SUBTITLE HEADING.—The heading for sub-
title C of title II of such Act is amended to read as 
follows: 
‘‘Subtitle C—Cybersecurity and 
Information Sharing’’. 
(2) TABLE OF CONTENTS.—The table of con-
tents in section 1(b) of such Act is amended— 
(A) by adding after the item relating to 
section 225 the following new item: 
‘‘Sec. 226. Enhancement of cybersecurity.’’; 
and 
(B) by striking the item relating to subtitle 
C of title II and inserting the following new 
item: 
‘‘Subtitle C—Cybersecurity and Information Sharing’’. 
SEC. 103. PROTECTION OF CRITICAL INFRASTRUCTURE 
AND INFORMATION SHARING. 
(a) IN GENERAL.—Subtitle C of title II of the Home-
land Security Act of 2002, as amended by section 102, 
is further amended by adding at the end the following new 
section:
‘‘SEC. 227. PROTECTION OF CRITICAL INFRASTRUCTURE 
AND INFORMATION SHARING. 
‘‘(a) PROTECTION OF CRITICAL INFRASTRUCTURE.— 
‘‘(1) IN GENERAL.—The Secretary shall coordi-
nate, on an ongoing basis, with Federal, State, and 
local governments, national laboratories, critical in-
frastructure owners, critical infrastructure operators, 
and other cross sector coordinating entities to— 
‘‘(A) 
facilitate 
a 
national 
effort 
to 
strengthen and maintain secure, functioning, 
and resilient critical infrastructure from cyber 
threats; 
‘‘(B) ensure that Department policies and 
procedures enable critical infrastructure owners 
and critical infrastructure operators to receive 
real-time, actionable, and relevant cyber threat 
information; 
‘‘(C) seek industry sector-specific expertise 
to— 
‘‘(i) assist in the development of vol-
untary security and resiliency strategies; 
and 
‘‘(ii) ensure that the allocation of Fed-
eral resources are cost effective and reduce 
any burden on critical infrastructure own-
ers and critical infrastructure operators;
‘‘(D) upon request of entities, facilitate 
and assist risk management efforts of such en-
tities to reduce vulnerabilities, identify and dis-
rupt threats, and minimize consequences to 
their critical infrastructure; 
‘‘(E) upon request of critical infrastructure 
owners or critical infrastructure operators, pro-
vide education and assistance to such owners 
and operators on how they may use protective 
measures and countermeasures to strengthen 
the security and resilience of the Nation’s crit-
ical infrastructure; and 
‘‘(F) coordinate a research and develop-
ment strategy to facilitate and promote ad-
vancements and innovation in cybersecurity 
technologies to protect critical infrastructure. 
‘‘(2) 
ADDITIONAL
RESPONSIBILITIES.—The 
Secretary shall— 
‘‘(A) manage Federal efforts to secure, 
protect, and ensure the resiliency of Federal ci-
vilian information systems using a risk-based 
and performance-based approach, and, upon re-
quest of critical infrastructure owners or critical 
infrastructure operators, support such owners’ 
and operators’ efforts to secure, protect, and
ensure the resiliency of critical infrastructure 
from cyber threats; 
‘‘(B) direct an entity within the Depart-
ment to serve as a Federal civilian entity by 
and among Federal, State, and local govern-
ments, private entities, and critical infrastruc-
ture sectors to provide multi-directional sharing 
of real-time, actionable, and relevant cyber 
threat information; 
‘‘(C) build upon existing mechanisms to 
promote a national awareness effort to educate 
the general public on the importance of secur-
ing information systems; 
‘‘(D) upon request of Federal, State, and 
local government entities and private entities, 
facilitate expeditious cyber incident response 
and recovery assistance, and provide analysis 
and warnings related to threats to and 
vulnerabilities of critical information systems, 
crisis and consequence management support, 
and other remote or on-site technical assistance 
with the heads of other appropriate Federal 
agencies to Federal, State, and local govern-
ment entities and private entities for cyber inci-
dents affecting critical infrastructure;
‘‘(E) engage with international partners to 
strengthen the security and resilience of domes-
tic critical infrastructure and critical infrastruc-
ture located outside of the United States upon 
which the United States depends; and 
‘‘(F) conduct outreach to educational insti-
tutions, including historically black colleges and 
universities, Hispanic serving institutions, Na-
tive American colleges, and institutions serving 
persons with disabilities, to encourage such in-
stitutions to promote cybersecurity awareness. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this section may be construed to require any private 
entity to request assistance from the Secretary, or 
require any private entity requesting such assistance 
to implement any measure or recommendation sug-
gested by the Secretary. 
‘‘(b) CRITICAL INFRASTRUCTURE SECTORS.—The 
Secretary, in collaboration with the heads of other appro-
priate Federal agencies, shall designate critical infrastruc-
ture sectors (that may include subdivisions of sectors with-
in a sector as the Secretary may determine appropriate). 
The critical infrastructure sectors designated under this 
subsection may include the following: 
‘‘(1) Chemical.
‘‘(2) Commercial facilities. 
‘‘(3) Communications. 
‘‘(4) Critical manufacturing. 
‘‘(5) Dams. 
‘‘(6) Defense Industrial Base. 
‘‘(7) Emergency services. 
‘‘(8) Energy. 
‘‘(9) Financial services. 
‘‘(10) Food and agriculture. 
‘‘(11) Government facilities. 
‘‘(12) Healthcare and public health. 
‘‘(13) Information technology. 
‘‘(14) Nuclear reactors, materials, and waste. 
‘‘(15) Transportation systems. 
‘‘(16) Water and wastewater systems. 
‘‘(17) Such other sectors as the Secretary de-
termines appropriate. 
‘‘(c) SECTOR SPECIFIC AGENCIES.—The Secretary, 
in collaboration with the relevant critical infrastructure 
sector and the heads of other appropriate Federal agen-
cies, shall recognize the Federal agency designated as of 
November 1, 2013, as the ‘Sector Specific Agency’ for 
each critical infrastructure sector designated under sub-
section (b). If the designated Sector Specific Agency for 
a particular critical infrastructure sector is the Depart-
and representative trade associations for 
the sector; 
‘‘(ii) reflect the unique composition of 
each sector; and 
‘‘(iii) as appropriate, include relevant 
small, medium, and large critical infra-
structure owners, critical infrastructure op-
erators, private entities, and representative 
trade associations for the sector. 
‘‘(B) PROHIBITION.—No government enti-
ty with regulating authority shall be a member 
of the Sector Coordinating Council. 
‘‘(C) LIMITATION.—The Secretary shall 
have no role in the determination of the mem-
bership of a Sector Coordinating Council. 
‘‘(3) ROLES AND RESPONSIBILITIES.—The Sec-
tor Coordinating Council for a critical infrastructure 
sector shall— 
‘‘(A) serve as a self-governing, self-orga-
nized primary policy, planning, and strategic 
communications entity for coordinating with the 
Department, the relevant Sector-Specific Agen-
cy designated under subsection (c), and the rel-
evant Information Sharing and Analysis Cen-
ters under subsection (e) on security and resil-
ience activities and emergency response and re-
covery efforts; 
‘‘(B) establish governance and operating 
procedures, and designate a chairperson for the 
sector to carry out the activities described in 
this subsection; 
‘‘(C) coordinate with the Department, the 
relevant Information Sharing and Analysis Cen-
ters under subsection (e), and other Sector Co-
ordinating Councils to update, maintain, and 
exercise the National Cybersecurity Incident 
Response Plan in accordance with section 
229(b); and 
‘‘(D) provide any recommendations to the 
Department on infrastructure protection tech-
nology gaps to help inform research and devel-
opment efforts at the Department. 
‘‘(e) SECTOR INFORMATION SHARING AND ANALYSIS 
CENTERS.— 
‘‘(1) RECOGNITION.—The Secretary, in collabo-
ration with the relevant Sector Coordinating Council 
and the critical infrastructure sector represented by 
such Council, and in coordination with the relevant 
Sector Specific Agency, shall recognize at least one 
Information Sharing and Analysis Center for each
critical infrastructure sector designated under sub-
section (b) for purposes of paragraph (3). No other 
Information Sharing and Analysis Organizations, in-
cluding Information Sharing and Analysis Centers, 
may be precluded from having an information shar-
ing relationship within the National Cybersecurity 
and Communications Integration Center established 
pursuant to section 228. Nothing in this subsection 
or any other provision of this subtitle may be con-
strued to limit, restrict, or condition any private en-
tity or activity utilized by, among, or between pri-
vate entities. 
‘‘(2) ROLES AND RESPONSIBILITIES.—In addi-
tion to such other activities as may be authorized by 
law, at least one Information Sharing and Analysis 
Center for a critical infrastructure sector shall— 
‘‘(A) serve as an information sharing re-
source for such sector and promote ongoing 
multi-directional sharing of real-time, relevant, 
and actionable cyber threat information and 
analysis by and among such sector, the Depart-
ment, the relevant Sector Specific Agency, and 
other critical infrastructure sector Information 
Sharing and Analysis Centers;
‘‘(B) establish governance and operating 
procedures to carry out the activities conducted 
under this subsection; 
‘‘(C) serve as an emergency response and 
recovery operations coordination point for such 
sector, and upon request, facilitate cyber inci-
dent response capabilities in coordination with 
the Department, the relevant Sector Specific 
Agency and the relevant Sector Coordinating 
Council; 
‘‘(D) facilitate cross-sector coordination 
and sharing of cyber threat information to pre-
vent related or consequential impacts to other 
critical infrastructure sectors; 
‘‘(E) coordinate with the Department, the 
relevant Sector Coordinating Council, the rel-
evant Sector Specific Agency, and other critical 
infrastructure sector Information Sharing and 
Analysis Centers on the development, integra-
tion, and implementation of procedures to sup-
port technology neutral, real-time information 
sharing capabilities and mechanisms within the 
National Cybersecurity and Communications 
Integration Center established pursuant to sec-
tion 228, including—
‘‘(i) the establishment of a mechanism 
to 
voluntarily 
report 
identified 
vulnerabilities and opportunities for im-
provement; 
‘‘(ii) the establishment of metrics to 
assess the effectiveness and timeliness of 
the Department’s and Information Sharing 
and Analysis Centers’ information sharing 
capabilities; and 
‘‘(iii) the establishment of a mecha-
nism for anonymous suggestions and com-
ments; 
‘‘(F) implement an integration and anal-
ysis function to inform sector planning, risk 
mitigation, and operational activities regarding 
the protection of each critical infrastructure 
sector from cyber incidents; 
‘‘(G) combine consequence, vulnerability, 
and threat information to share actionable as-
sessments of critical infrastructure sector risks 
from cyber incidents; 
‘‘(H) coordinate with the Department, the 
relevant Sector Specific Agency, and the rel-
evant Sector Coordinating Council to update, 
maintain, and exercise the National Cybersecu-
rity Incident Response Plan in accordance with 
section 229(b); and 
‘‘(I) safeguard cyber threat information 
from unauthorized disclosure. 
‘‘(3) FUNDING.—Of the amounts authorized to 
be appropriated for each of fiscal years 2014, 2015, 
and 2016 for the Cybersecurity and Communications 
Office of the Department, the Secretary is author-
ized to use not less than $25,000,000 for any such 
year for operations support at the National Cyberse-
curity and Communications Integration Center es-
tablished under section 228(a) of all recognized In-
formation Sharing and Analysis Centers under para-
graph (1) of this subsection. 
‘‘(f) CLEARANCES.—The Secretary— 
‘‘(1) shall expedite the process of security clear-
ances under Executive Order No. 13549 or successor 
orders for appropriate representatives of Sector Co-
ordinating Councils and the critical infrastructure 
sector Information Sharing and Analysis Centers; 
and 
‘‘(2) may so expedite such processing to— 
‘‘(A) appropriate personnel of critical in-
frastructure owners and critical infrastructure 
operators; and
‘‘(B) any other person as determined by 
the Secretary. 
‘‘(g) PUBLIC-PRIVATE COLLABORATION.—The Sec-
retary, in collaboration with the critical infrastructure sec-
tors designated under subsection (b), such sectors’ Sector 
Specific Agencies recognized under subsection (c), and the 
Sector Coordinating Councils recognized under subsection 
(d), shall— 
‘‘(1) conduct an analysis and review of the ex-
isting public-private partnership model and evaluate 
how the model between the Department and critical 
infrastructure owners and critical infrastructure op-
erators can be improved to ensure the Department, 
critical infrastructure owners, and critical infrastruc-
ture operators are equal partners and regularly col-
laborate on all programs and activities of the De-
partment to protect critical infrastructure; 
‘‘(2) develop and implement procedures to en-
sure continuous, collaborative, and effective inter-
actions between the Department, critical infrastruc-
ture owners, and critical infrastructure operators; 
and 
‘‘(3) ensure critical infrastructure sectors have 
a reasonable period for review and comment of all 
jointly produced materials with the Department.
‘‘(h) RECOMMENDATIONS REGARDING NEW AGREE-
MENTS.—Not later than 180 days after the date of the 
enactment of this section, the Secretary shall submit to 
the appropriate congressional committees recommenda-
tions on how to expedite the implementation of informa-
tion sharing agreements for cybersecurity purposes be-
tween the Secretary and critical information owners and 
critical infrastructure operators and other private entities. 
Such recommendations shall address the development and 
utilization of a scalable form that retains all privacy and 
other protections in such agreements in existence as of 
such date, including Cooperative and Research Develop-
ment Agreements. Such recommendations should also in-
clude any additional authorities or resources that may be 
needed to carry out the implementation of any such new 
agreements. 
‘‘(i) RULE OF CONSTRUCTION.—No provision of this 
title may be construed as modifying, limiting, or otherwise 
affecting the authority of any other Federal agency under 
any other provision of law.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding after 
the item relating to section 226 (as added by section 102) 
the following new item: 
‘‘Sec. 227. Protection of critical infrastructure and information sharing.’’.
SEC. 104. NATIONAL CYBERSECURITY AND COMMUNICA-
TIONS INTEGRATION CENTER. 
(a) IN GENERAL.—Subtitle C of title II of the Home-
land Security Act of 2002, as amended by sections 102 
and 103, is further amended by adding at the end the 
following new section: 
‘‘SEC. 228. NATIONAL CYBERSECURITY AND COMMUNICA-
TIONS INTEGRATION CENTER. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Department the National Cybersecurity and Communica-
tions Integration Center (referred to in this section as the 
‘Center’), which shall be a Federal civilian information 
sharing interface that provides shared situational aware-
ness to enable real-time, integrated, and operational ac-
tions across the Federal Government, and share cyber 
threat information by and among Federal, State, and local 
government entities, Information Sharing and Analysis 
Centers, private entities, and critical infrastructure owners 
and critical infrastructure operators that have an informa-
tion sharing relationship with the Center. 
‘‘(b) COMPOSITION.—The Center shall include each 
of the following entities: 
‘‘(1) At least one Information Sharing and 
Analysis Center established under section 227(e) for 
each critical infrastructure sector.
‘‘(2) The Multi-State Information Sharing and 
Analysis Center to collaborate with State and local 
governments. 
‘‘(3) The United States Computer Emergency 
Readiness Team to coordinate cyber threat informa-
tion sharing, proactively manage cyber risks to the 
United States, collaboratively respond to cyber inci-
dents, provide technical assistance to information 
system owners and operators, and disseminate time-
ly notifications regarding current and potential cyber 
threats and vulnerabilities. 
‘‘(4) The Industrial Control System Cyber 
Emergency Response Team to coordinate with in-
dustrial control systems owners and operators and 
share industrial control systems-related security inci-
dents and mitigation measures. 
‘‘(5) The National Coordinating Center for 
Telecommunications to coordinate the protection, re-
sponse, and recovery of national security emergency 
communications. 
‘‘(6) Such other Federal, State, and local gov-
ernment entities, private entities, organizations, or 
individuals as the Secretary may consider appro-
priate that agree to be included.
‘‘(c) CYBER INCIDENT.—In the event of a cyber inci-
dent, the Secretary may grant the entities referred to in 
subsection (a) immediate temporary access to the Center 
as a situation may warrant. 
‘‘(d) ROLES AND RESPONSIBILITIES.—The Center 
shall— 
‘‘(1) promote ongoing multi-directional sharing 
by and among the entities referred to in subsection 
(a) of timely and actionable cyber threat information 
and analysis on a real-time basis that includes 
emerging trends, evolving threats, incident reports, 
intelligence information, risk assessments, and best 
practices; 
‘‘(2) coordinate with other Federal agencies to 
streamline and reduce redundant reporting of cyber 
threat information; 
‘‘(3) provide, upon request, timely technical as-
sistance and crisis management support to Federal, 
State, and local government entities and private en-
tities that own or operate information systems or 
networks of information systems to protect from, 
prevent, mitigate, respond to, and recover from 
cyber incidents; 
‘‘(4) facilitate cross-sector coordination and 
sharing of cyber threat information to prevent re-
lated or consequential impacts to other critical infra-
structure sectors; 
‘‘(5) collaborate and facilitate discussions with 
Sector Coordinating Councils, Information Sharing 
and Analysis Centers, Sector Specific Agencies, and 
relevant critical infrastructure sectors on the devel-
opment of prioritized Federal response efforts, if 
necessary, to support the defense and recovery of 
critical infrastructure from cyber incidents; 
‘‘(6) collaborate with the Sector Coordinating 
Councils, Information Sharing and Analysis Centers, 
Sector Specific Agencies, and the relevant critical in-
frastructure sectors on the development and imple-
mentation of procedures to support technology neu-
tral real-time information sharing capabilities and 
mechanisms; 
‘‘(7) collaborate with the Sector Coordinating 
Councils, Information Sharing and Analysis Centers, 
Sector Specific Agencies, and the relevant critical in-
frastructure sectors to identify requirements for data 
and information formats and accessibility, system 
interoperability, and redundant systems and alter-
native capabilities in the event of a disruption in the 
primary information sharing capabilities and mecha-
nisms at the Center;
‘‘(8) within the scope of relevant treaties, co-
operate with international partners to share infor-
mation and respond to cyber incidents; 
‘‘(9) safeguard sensitive cyber threat informa-
tion from unauthorized disclosure; 
‘‘(10) require other Federal civilian agencies 
to— 
‘‘(A) send reports and information to the 
Center about cyber incidents, threats, and 
vulnerabilities affecting Federal civilian infor-
mation systems and critical infrastructure sys-
tems and, in the event a private vendor product 
or service of such an agency is so implicated, 
the Center shall first notify such private vendor 
of the vulnerability before further disclosing 
such information; 
‘‘(B) provide to the Center cyber incident 
detection, analysis, mitigation, and response in-
formation; and 
‘‘(C) immediately send and disclose to the 
Center cyber threat information received by 
such agencies; 
‘‘(11) perform such other duties as the Sec-
retary may require to facilitate a national effort to
strengthen and maintain secure, functioning, and re-
silient critical infrastructure from cyber threats; 
‘‘(12) implement policies and procedures to— 
‘‘(A) provide technical assistance to Fed-
eral civilian agencies to prevent and respond to 
data breaches involving unauthorized acquisi-
tion or access of personally identifiable informa-
tion that occur on Federal civilian information 
systems; 
‘‘(B) require Federal civilian agencies to 
notify the Center about data breaches involving 
unauthorized acquisition or access of personally 
identifiable information that occur on Federal 
civilian information systems without unreason-
able delay after the discovery of such a breach; 
and 
‘‘(C) require Federal civilian agencies to 
notify all potential victims of a data breach in-
volving unauthorized acquisition or access of 
personally identifiable information that occur on 
Federal civilian information systems without 
unreasonable delay, based on a reasonable de-
termination of the level of risk of harm and 
consistent with the needs of law enforcement; 
and
‘‘(13) participate in exercises run by the De-
partment’s National Exercise Program, where ap-
propriate. 
‘‘(e) INTEGRATION AND ANALYSIS.—The Center, in 
coordination with the Office of Intelligence and Analysis 
of the Department, shall maintain an integration and 
analysis function, which shall — 
‘‘(1) integrate and analyze all cyber threat in-
formation received from other Federal agencies, 
State and local governments, Information Sharing 
and Analysis Centers, private entities, critical infra-
structure owners, and critical infrastructure opera-
tors, and share relevant information in near real- 
time; 
‘‘(2) on an ongoing basis, assess and evaluate 
consequence, vulnerability, and threat information to 
share with the entities referred to in subsection (a) 
actionable assessments of critical infrastructure sec-
tor risks from cyber incidents and to assist critical 
infrastructure owners and critical infrastructure op-
erators by making recommendations to facilitate 
continuous improvements to the security and resil-
iency of the critical infrastructure of the United 
States;
‘‘(3) facilitate cross-sector integration, identi-
fication, and analysis of key interdependencies to 
prevent related or consequential impacts to other 
critical infrastructure sectors; 
‘‘(4) collaborate with the Information Sharing 
and Analysis Centers to tailor the analysis of infor-
mation to the specific characteristics and risk to a 
relevant critical infrastructure sector; and 
‘‘(5) assess and evaluate consequence, vulner-
ability, and threat information regarding cyber inci-
dents in coordination with the Office of Emergency 
Communications of the Department to help facilitate 
continuous improvements to the security and resil-
iency of public safety communications networks. 
‘‘(f) REPORT OF CYBER ATTACKS AGAINST FEDERAL 
GOVERNMENT NETWORKS.—The Secretary shall submit 
to the Committee on Homeland Security of the House of 
Representatives, the Committee on Homeland Security 
and Governmental Affairs of the Senate, and the Comp-
troller General of the United States an annual report that 
summarizes major cyber incidents involving Federal civil-
ian agency information systems and provides aggregate 
statistics on the number of breaches, the extent of any 
personally identifiable information that was involved, the
volume of data exfiltrated, the consequential impact, and 
the estimated cost of remedying such breaches. 
‘‘(g) REPORT ON THE OPERATIONS OF THE CEN-
TER.—The Secretary, in consultation with the Sector Co-
ordinating Councils and appropriate Federal Government 
entities, shall submit to the Committee on Homeland Se-
curity of the House of Representatives, the Committee on 
Homeland Security and Governmental Affairs of the Sen-
ate, and the Comptroller General of the United States an 
annual report on— 
‘‘(1) the capability and capacity of the Center 
to carry out its cybersecurity mission in accordance 
with this section, and sections 226, 227, 229, 230, 
230A, and 230B; 
‘‘(2) the extent to which the Department is en-
gaged in information sharing with each critical in-
frastructure sector designated under section 227(b), 
including— 
‘‘(A) the extent to which each such sector 
has representatives at the Center; and 
‘‘(B) the extent to which critical infra-
structure owners and critical infrastructure op-
erators of each critical infrastructure sector 
participate in information sharing at the Cen-
ter;
‘‘(3) the volume and range of activities with re-
spect to which the Secretary collaborated with the 
Sector Coordinating Councils and the Sector-Specific 
Agencies to promote greater engagement with the 
Center; and 
‘‘(4) the volume and range of voluntary tech-
nical assistance sought and provided by the Depart-
ment to each critical infrastructure owner and crit-
ical infrastructure operator.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding after 
the item relating to section 227 (as added by section 103) 
the following new item: 
‘‘Sec. 228. National Cybersecurity and Communications Integration Center.’’. 
(c) GAO REPORT.—Not later than one year after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the effectiveness of the 
National Cybersecurity and Communications Integration 
Center established under section 228 of the Homeland Se-
curity Act of 2002, as added by subsection (a) of this sec-
tion, in carrying out its cybersecurity mission (as such 
term is defined in section 2 of the Homeland Security Act 
of 2002, as amended by section 101) in accordance with
this Act and such section 228 and sections 226, 227, 229, 
230, 230A, and 230B of the Homeland Security Act of 
2002, as added by this Act. 
SEC. 105. CYBER INCIDENT RESPONSE AND TECHNICAL AS-
SISTANCE. 
(a) IN GENERAL.—Subtitle C of title II of the Home-
land Security Act of 2002, as amended by sections 102, 
103, and 104, is further amended by adding at the end 
the following new section: 
‘‘SEC. 229. CYBER INCIDENT RESPONSE AND TECHNICAL 
ASSISTANCE. 
‘‘(a) IN GENERAL.—The Secretary shall establish 
Cyber Incident Response Teams to— 
‘‘(1) upon request, provide timely technical as-
sistance and crisis management support to Federal, 
State, and local government entities, private entities, 
and critical infrastructure owners and critical infra-
structure operators involving cyber incidents affect-
ing critical infrastructure; and 
‘‘(2) upon request, provide actionable rec-
ommendations on security and resilience measures 
and countermeasures to Federal, State, and local 
government entities, private entities, and critical in-
frastructure owners and critical infrastructure oper-
ators prior to, during, and after cyber incidents.
‘‘(b) COORDINATION.—In carrying out subsection 
(a), the Secretary shall coordinate with the relevant Sector 
Specific Agencies, if applicable. 
‘‘(c) CYBER INCIDENT RESPONSE PLAN.—The Sec-
retary, in coordination with the Sector Coordinating Coun-
cils, Information Sharing and Analysis Centers, and Fed-
eral, State, and local governments, shall develop, regularly 
update, maintain, and exercise a National Cybersecurity 
Incident Response Plan which shall— 
‘‘(1) include effective emergency response plans 
associated with cyber threats to critical infrastruc-
ture, information systems, or networks of informa-
tion systems; 
‘‘(2) ensure that such National Cybersecurity 
Incident Response Plan can adapt to and reflect a 
changing cyber threat environment, and incorporate 
best practices and lessons learned from regular exer-
cises, training, and after-action reports; and 
‘‘(3) facilitate discussions on the best methods 
for developing innovative and useful cybersecurity 
exercises for coordinating between the Department 
and each of the critical infrastructure sectors des-
ignated under section 227(b). 
‘‘(d) UPDATE TO CYBER INCIDENT ANNEX TO THE 
NATIONAL RESPONSE FRAMEWORK.—The Secretary, in
coordination with the heads of other Federal agencies and 
in accordance with the National Cybersecurity Incident 
Response Plan under subsection (c), shall regularly up-
date, maintain, and exercise the Cyber Incident Annex to 
the National Response Framework of the Department.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding after 
the item relating to section 228 (as added by section 104) 
the following new item: 
‘‘Sec. 229. Cyber incident response and technical assistance.’’. 
SEC. 106. STREAMLINING OF DEPARTMENT CYBERSECU-
RITY ORGANIZATION. 
(a) CYBERSECURITY
AND INFRASTRUCTURE PRO-
TECTION DIRECTORATE.—The National Protection and 
Programs Directorate of the Department of Homeland Se-
curity shall, after the date of the enactment of this Act, 
be known and designated as the ‘‘Cybersecurity and Infra-
structure Protection Directorate’’. Any reference to the 
National Protection and Programs Directorate of the De-
partment in any law, regulation, map, document, record, 
or other paper of the United States shall be deemed to 
be a reference to the Cybersecurity and Infrastructure 
Protection Directorate of the Department. 
(b) SENIOR LEADERSHIP OF THE CYBERSECURITY 
AND INFRASTRUCTURE PROTECTION DIRECTORATE.—
(1) IN
GENERAL.—Paragraph (1) of section 
103(a) of the Homeland Security Act of 2002 (6 
U.S.C. 113(a)) is amended by adding at the end the 
following new subparagraphs: 
‘‘(K) Under Secretary for Cybersecurity 
and Infrastructure Protection. 
‘‘(L) Deputy Under Secretary for Cyberse-
curity. 
‘‘(M) Deputy Under Secretary for Infra-
structure Protection.’’. 
(2) CONTINUATION
IN
OFFICE.—The individ-
uals who hold the positions referred to in subpara-
graphs (K), (L), and (M) of subsection (a) of section 
103 of the Homeland Security Act of 2002 (as 
added by paragraph (1) of this subsection) as of the 
date of the enactment of this Act may continue to 
hold such positions. 
(c) REPORT ON IMPROVING THE CAPABILITY AND 
EFFECTIVENESS OF THE CYBERSECURITY AND COMMU-
NICATIONS OFFICE.—To improve the operational capa-
bility and effectiveness in carrying out the cybersecurity 
mission (as such term is defined in section 2 of the Home-
land Security Act of 2002, as amended by section 101) 
of the Department of Homeland Security, the Secretary 
of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on— 
(1) the feasibility of making the Cybersecurity 
and Communications Office of the Department an 
operational component of the Department; 
(2) recommendations for restructuring the 
SAFETY Act Office within the Department to pro-
tect and maintain operations in accordance with the 
Office’s mission to provide incentives for the devel-
opment and deployment of anti-terrorism tech-
nologies while elevating the profile and mission of 
the Office, including the feasibility of utilizing third- 
party registrars for improving the throughput and 
effectiveness of the certification process. 
(d) REPORT ON CYBERSECURITY ACQUISITION CAPA-
BILITIES.—The Secretary of Homeland Security shall as-
sess the effectiveness of the Department of Homeland Se-
curity’s acquisition processes and the use of existing au-
thorities for acquiring cybersecurity technologies to ensure 
that such processes and authorities are capable of meeting 
the needs and demands of the Department’s cybersecurity 
mission (as such term is defined in section 2 of the Home-
land Security Act of 2002, as amended by section 101). 
Not later than 180 days after the date of the enactment
of this Act, the Secretary shall submit to the Committee 
on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Govern-
mental Affairs of the Senate a report on the effectiveness 
of the Department’s acquisition processes for cybersecu-
rity technologies. 
(e) RESOURCE INFORMATION.—The Secretary of 
Homeland Security shall make available Department of 
Homeland Security contact information to serve as a re-
source for Sector Coordinating Councils and critical infra-
structure owners and critical infrastructure operators to 
better coordinate cybersecurity efforts with the Depart-
ment relating to emergency response and recovery efforts 
for cyber incidents. 
TITLE II—PUBLIC-PRIVATE COL-
LABORATION ON CYBERSECU-
RITY 
SEC. 201. PUBLIC-PRIVATE COLLABORATION ON CYBERSE-
CURITY. 
(a) NATIONAL
INSTITUTE
OF
STANDARDS
AND 
TECHNOLOGY.— 
(1) IN GENERAL.—The Director of the National 
Institute of Standards and Technology, in coordina-
tion with the Secretary of Homeland Security, shall, 
on an ongoing basis, facilitate and support the devel-
opment of a voluntary, industry-led set of standards, 
guidelines, best practices, methodologies, procedures, 
and processes to reduce cyber risks to critical infra-
structure. The Director, in coordination with the 
Secretary— 
(A) shall— 
(i) coordinate closely and continuously 
with relevant private entities, critical infra-
structure owners and critical infrastructure 
operators, Sector Coordinating Councils, 
Information Sharing and Analysis Centers, 
and other relevant industry organizations, 
and incorporate industry expertise to the 
fullest extent possible; 
(ii) consult with the Sector Specific 
Agencies, Federal, State and local govern-
ments, the governments of other countries, 
and international organizations; 
(iii) utilize a prioritized, flexible, re-
peatable, performance-based, and cost-ef-
fective approach, including information se-
curity measures and controls, that may be 
voluntarily adopted by critical infrastruc-
ture owners and critical infrastructure op-
erators to help them identify, assess, and 
manage cyber risks; 
(iv) include methodologies to— 
(I) identify and mitigate impacts 
of the cybersecurity measures or con-
trols on business confidentiality; and 
(II) protect individual privacy 
and civil liberties; 
(v) incorporate voluntary consensus 
standards and industry best practices, and 
align with voluntary international stand-
ards to the fullest extent possible; 
(vi) prevent duplication of regulatory 
processes and prevent conflict with or su-
perseding of regulatory requirements, man-
datory standards, and processes; and 
(vii) include such other similar and 
consistent elements as determined nec-
essary; and 
(B) shall not prescribe or otherwise re-
quire— 
(i) the use of specific solutions; 
(ii) the use of specific information 
technology products or services; or
(iii) that information technology prod-
ucts or services be designed, developed, or 
manufactured in a particular manner. 
(2) LIMITATION.—Information shared with or 
provided to the Director of the National Institute of 
Standards and Technology or the Secretary of 
Homeland Security for the purpose of the activities 
under paragraph (1) may not be used by any Fed-
eral, State, or local government department or agen-
cy to regulate the activity of any private entity. 
(b) AMENDMENT.— 
(1) IN GENERAL.—Subtitle C of title II of the 
Homeland Security Act of 2002, as amended by sec-
tions 102, 103, 104, and 105, is further amended by 
adding at the end the following new section: 
‘‘SEC. 230. PUBLIC-PRIVATE COLLABORATION ON CYBERSE-
CURITY. 
‘‘(a) MEETINGS.—The Secretary shall meet with the 
Sector Coordinating Council for each critical infrastruc-
ture sector designated under section 227(b) on a biannual 
basis to discuss the cybersecurity threat to critical infra-
structure, voluntary activities to address cybersecurity, 
and ideas to improve the public-private partnership to en-
hance cybersecurity, in which the Secretary shall—
‘‘(1) provide each Sector Coordinating Council 
an assessment of the cybersecurity threat to each 
critical infrastructure sector designated under sec-
tion 227(b), including information relating to— 
‘‘(A) any actual or assessed cyber threat, 
including a consideration of adversary capability 
and intent, preparedness, target attractiveness, 
and deterrence capabilities; 
‘‘(B) the extent and likelihood of death, in-
jury, or serious adverse effects to human health 
and safety caused by an act of terrorism or 
other disruption, destruction, or unauthorized 
use of critical infrastructure; 
‘‘(C) the threat to national security caused 
by an act of terrorism or other disruption, de-
struction, or unauthorized use of critical infra-
structure; and 
‘‘(D) the harm to the economy that would 
result from an act of terrorism or other disrup-
tion, destruction, or unauthorized use of critical 
infrastructure; and 
‘‘(2) provide recommendations, which may be 
voluntarily adopted, on ways to improve cybersecu-
rity of critical infrastructure. 
‘‘(b) REPORT.—
‘‘(1) IN GENERAL.—Starting 30 days after the 
end of the fiscal year in which the National Cyberse-
curity and Critical Infrastructure Protection Act of 
2013 is enacted and annually thereafter, the Sec-
retary shall submit to the appropriate congressional 
committees a report on the state of cybersecurity for 
each critical infrastructure sector designated under 
section 227(b) based on discussions between the De-
partment and the Sector Coordinating Council in ac-
cordance with subsection (a) of this section. The 
Secretary shall maintain a public copy of each re-
port, and each report may include a non-public 
annex for proprietary, business-sensitive informa-
tion, or other sensitive information. Each report 
shall include, at a minimum information relating 
to— 
‘‘(A) the risk to each critical infrastructure 
sector, 
including 
known 
cyber 
threats, 
vulnerabilities, and potential consequences; 
‘‘(B) the extent and nature of any cyberse-
curity incidents during the previous year, in-
cluding the extent to which cyber incidents 
jeopardized or imminently jeopardized informa-
tion systems;
activities under subsections (a) and (b) may not be used 
by any Federal, State, or local government department or 
agency to regulate the activity of any private entity.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by add-
ing after the item relating to section 229 (as added 
by section 105) the following new item: 
‘‘Sec. 230. Public-private collaboration on cybersecurity.’’. 
SEC. 202. SAFETY ACT AND QUALIFYING CYBER INCIDENTS. 
(a) IN GENERAL.—The Support Anti-Terrorism By 
Fostering Effective Technologies Act of 2002 (6 U.S.C. 
441 et seq.) is amended— 
(1) in section 862(b) (6 U.S.C. 441(b))— 
(A) in the heading, by striking ‘‘DESIGNA-
TION OF QUALIFIED ANTI-TERRORISM TECH-
NOLOGIES’’ and inserting ‘‘DESIGNATION
OF 
ANTI-TERRORISM AND CYBERSECURITY TECH-
NOLOGIES’’; 
(B) in the matter preceding paragraph (1), 
by inserting ‘‘and cybersecurity’’ after ‘‘anti- 
terrorism’’; 
(C) in paragraphs (3), (4), and (5), by in-
serting ‘‘or cybersecurity’’ after ‘‘anti-ter-
rorism’’ each place it appears; and 
(D) in paragraph (7)—
(i) by inserting ‘‘or cybersecurity tech-
nology’’ after ‘‘Anti-terrorism technology’’; 
and 
(ii) by inserting ‘‘or qualifying cyber 
incidents’’ after ‘‘acts of terrorism’’; 
(2) in section 863 (6 U.S.C. 442)— 
(A) by inserting ‘‘or cybersecurity’’ after 
‘‘anti-terrorism’’ each place it appears; 
(B) by inserting ‘‘or qualifying cyber inci-
dent’’ after ‘‘act of terrorism’’ each place it ap-
pears; and 
(C) by inserting ‘‘or qualifying cyber inci-
dents’’ after ‘‘acts of terrorism’’ each place it 
appears; 
(3) in section 864 (6 U.S.C. 443)— 
(A) by inserting ‘‘or cybersecurity’’ after 
‘‘anti-terrorism’’ each place it appears; and 
(B) by inserting ‘‘or qualifying cyber inci-
dent’’ after ‘‘act of terrorism’’ each place it ap-
pears; and 
(4) in section 865 (6 U.S.C. 444)— 
(A) in paragraph (1)— 
(i) in the heading, by inserting ‘‘OR 
CYBERSECURITY’’ 
after 
‘‘ANTI-TER-
RORISM’’;
(ii) by inserting ‘‘or cybersecurity’’ 
after ‘‘anti-terrorism’’; 
(iii) by inserting ‘‘or qualifying cyber 
incidents’’ after ‘‘acts of terrorism’’; and 
(iv) by inserting ‘‘or incidents’’ after 
‘‘such acts’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(7) QUALIFYING CYBER INCIDENT.— 
‘‘(A) IN GENERAL.—The term ‘qualifying 
cyber incident’ means any act that the Sec-
retary determines meets the requirements under 
subparagraph (B), as such requirements are 
further defined and specified by the Secretary. 
‘‘(B) REQUIREMENTS.—A qualifying cyber 
incident meets the requirements of this sub-
paragraph if— 
‘‘(i) the incident is unlawful or other-
wise exceeds authorized access authority; 
‘‘(ii) the incident disrupts or immi-
nently jeopardizes the integrity, operation, 
confidentiality, or availability of program-
mable electronic devices, communication 
networks, including hardware, software 
and data that are essential to their reliable
operation, electronic storage devices, or 
any other information system, or the infor-
mation that system controls, processes, 
stores, or transmits; 
‘‘(iii) the perpetrator of the incident 
gains access to an information system or a 
network of information systems resulting 
in— 
‘‘(I) misappropriation or theft of 
data, assets, information, or intellec-
tual property; 
‘‘(II) corruption of data, assets, 
information, or intellectual property; 
‘‘(III) operational disruption; or 
‘‘(IV) an adverse effect on such 
system or network, or the data, as-
sets, information, or intellectual prop-
erty contained therein; and 
‘‘(iv) the incident causes harm inside 
or outside the United States that results in 
material levels of damage, disruption, or 
casualties severely affecting the United 
States population, infrastructure, economy, 
or national morale, or Federal, State, local, 
or tribal government functions.
‘‘(C) RULE OF CONSTRUCTION.—For pur-
poses of clause (iv) of subparagraph (B), the 
term ‘severely’ includes any qualifying cyber in-
cident, whether at a local, regional, state, na-
tional, international, or tribal level, that af-
fects— 
‘‘(i) the United States population, in-
frastructure, economy, or national morale, 
or 
‘‘(ii) Federal, State, local, or tribal 
government functions.’’. 
(b) FUNDING.—Of the amounts authorized to be ap-
propriated for each of fiscal years 2014, 2015, and 2016 
for the Department of Homeland Security, the Secretary 
of Homeland Security is authorized to use not less than 
$20,000,000 for any such year for the Department’s 
SAFETY Act Office. 
SEC. 203. PROHIBITION ON NEW REGULATORY AUTHORITY. 
This Act and the amendments made by this Act (ex-
cept that this section shall not apply in the case of section 
202 of this Act and the amendments made by such section 
202) do not— 
(1) create or authorize the issuance of any new 
regulations or additional Federal Government regu-
latory authority; or
(2) permit regulatory actions that would dupli-
cate, conflict with, or supercede regulatory require-
ments, mandatory standards, or related processes. 
SEC. 204. PROHIBITION ON ADDITIONAL AUTHORIZATION 
OF APPROPRIATIONS. 
No additional funds are authorized to be appro-
priated to carry out this Act and the amendments made 
by this Act. This Act and such amendments shall be car-
ried out using amounts otherwise available for such pur-
poses. 
SEC. 205. PROHIBITION ON COLLECTION ACTIVITIES TO 
TRACK INDIVIDUALS’ PERSONALLY IDENTIFI-
ABLE INFORMATION. 
Nothing in this Act shall permit the Department of 
Homeland Security to engage in the monitoring, surveil-
lance, exfiltration, or other collection activities for the pur-
pose of tracking an individual’s personally identifiable in-
formation. 
SEC. 206. CYBERSECURITY SCHOLARS. 
The Secretary of Homeland Security shall determine 
the feasibility and potential benefit of developing a visiting 
security researchers program from academia, including cy-
bersecurity scholars at the Department of Homeland Se-
curity’s Centers of Excellence, as designated by the Sec-
retary, to enhance knowledge with respect to the unique
challenges of addressing cyber threats to critical infra-
structure. Eligible candidates shall possess necessary secu-
rity clearances and have a history of working with Federal 
agencies in matters of national or domestic security. 
SEC. 207. NATIONAL RESEARCH COUNCIL STUDY ON THE 
RESILIENCE AND RELIABILITY OF THE NA-
TION’S POWER GRID. 
(a) INDEPENDENT STUDY.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
of Homeland Security, in coordination with the heads of 
other departments and agencies, as necessary, shall enter 
into an agreement with the National Research Council to 
conduct research of the future resilience and reliability of 
the Nation’s electric power transmission and distribution 
system. The research under this subsection shall be known 
as the ‘‘Saving More American Resources Today Study’’ 
or the ‘‘SMART Study’’. In conducting such research, the 
National Research Council shall— 
(1) research the options for improving the Na-
tion’s ability to expand and strengthen the capabili-
ties of the Nation’s power grid, including estimation 
of the cost, time scale for implementation, and iden-
tification of the scale and scope of any potential sig-
nificant health and environmental impacts;
(2) consider the forces affecting the grid, in-
cluding technical, economic, regulatory, environ-
mental, and geopolitical factors, and how such forces 
are likely to affect— 
(A) the efficiency, control, reliability and 
robustness of operation; 
(B) the ability of the grid to recover from 
disruptions, including natural disasters and ter-
rorist attacks; 
(C) the ability of the grid to incorporate 
greater reliance on distributed and intermittent 
power generation and electricity storage; 
(D) the ability of the grid to adapt to 
changing patterns of demand for electricity; and 
(E) the economic and regulatory factors 
affecting the evolution of the grid; 
(3) review Federal, State, industry, and aca-
demic research and development programs and iden-
tify technological options that could improve the fu-
ture grid; 
(4) review studies and analyses prepared by the 
North American Electric Reliability Corporation 
(NERC) regarding the future resilience and reli-
ability of the grid;
(5) review the implications of increased reliance 
on digital information and control of the power grid 
for improving reliability, resilience, and congestion 
and for potentially increasing vulnerability to cyber 
attack; 
(6) review regulatory, industry, and institu-
tional factors and programs affecting the future of 
the grid; 
(7) research the costs and benefits, as well as 
the strengths and weaknesses, of the options identi-
fied under paragraph (1) to address the emerging 
forces described in paragraph (2) that are shaping 
the grid; 
(8) identify the barriers to realizing the options 
identified and suggest strategies for overcoming 
those barriers including suggested actions, priorities, 
incentives, and possible legislative and executive ac-
tions; and 
(9) research the ability of the grid to integrate 
existing and future infrastructure, including utilities, 
telecommunications lines, highways, and other crit-
ical infrastructure. 
(b) COOPERATION
AND ACCESS
TO INFORMATION 
AND PERSONNEL.—The Secretary shall ensure that the 
National Research Council receives full and timely co-
operation, including full access to information and per-
sonnel, from the Department of Homeland Security, the 
Department of Energy, including the management and op-
erating components of the Departments, and other Fed-
eral departments and agencies, as necessary, for the pur-
poses of conducting the study described in subsection (a). 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 18 months 
from the date on which the Secretary enters into the 
agreement with the National Research Council de-
scribed in subsection (a), the National Research 
Council shall submit to the Secretary and the Com-
mittee on Homeland Security and the Committee on 
Energy and Commerce of the House of Representa-
tives and the Committee on Homeland Security and 
Governmental Affairs and the Committee on Energy 
and Natural Resources of the Senate a report con-
taining the findings of the research required by that 
subsection. 
(2) FORM OF REPORT.—The report under para-
graph (1) shall be submitted in unclassified form, 
but may include a classified annex. 
(d) FUNDING.—Of the amounts authorized to be ap-
propriated for 2014 for the Department of Homeland Se-
curity, the Secretary of Homeland Security is authorized
to obligate and expend not more than $2,000,000 for the 
National Research Council report. 
TITLE 
III—HOMELAND 
SECU-
RITY CYBERSECURITY WORK-
FORCE 
SEC. 301. HOMELAND SECURITY CYBERSECURITY WORK-
FORCE. 
(a) IN GENERAL.—Subtitle C of title II of the Home-
land Security Act of 2002, as amended by sections 101, 
102, 103, 104, 105, and 201, is further amended by add-
ing at the end the following new section: 
‘‘SEC. 230A. CYBERSECURITY OCCUPATION CATEGORIES, 
WORKFORCE ASSESSMENT, AND STRATEGY. 
‘‘(a) SHORT TITLE.—This section may be cited as the 
‘Homeland Security Cybersecurity Boots-on-the-Ground 
Act’. 
‘‘(b) CYBERSECURITY OCCUPATION CATEGORIES.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date of the enactment of this section, the 
Secretary shall develop and issue comprehensive oc-
cupation categories for individuals performing activi-
ties in furtherance of the cybersecurity mission of 
the Department. 
‘‘(2) APPLICABILITY.—The Secretary shall en-
sure that the comprehensive occupation categories
issued under paragraph (1) are used throughout the 
Department and are made available to other Federal 
agencies. 
‘‘(c) CYBERSECURITY WORKFORCE ASSESSMENT.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of this section and 
annually thereafter, the Secretary shall assess the 
readiness and capacity of the workforce of the De-
partment to meet its cybersecurity mission. 
‘‘(2) CONTENTS.—The assessment required 
under paragraph (1) shall, at a minimum, include 
the following: 
‘‘(A) Information where cybersecurity posi-
tions are located within the Department, speci-
fied in accordance with the cybersecurity occu-
pation categories issued under subsection (b). 
‘‘(B) Information on which cybersecurity 
positions are— 
‘‘(i) performed by— 
‘‘(I) permanent full time depart-
mental employees, together with de-
mographic information about such 
employees’ race, ethnicity, gender, dis-
ability status, and veterans status;
‘‘(II) individuals employed by 
independent contractors; and 
‘‘(III) individuals employed by 
other Federal agencies, including the 
National Security Agency; and 
‘‘(ii) vacant. 
‘‘(C) The number of individuals hired by 
the Department pursuant to the authority 
granted to the Secretary in 2009 to permit the 
Secretary to fill 1,000 cybersecurity positions 
across the Department over a three year period, 
and information on what challenges, if any, 
were encountered with respect to the implemen-
tation of such authority. 
‘‘(D) Information on vacancies within the 
Department’s cybersecurity supervisory work-
force, from first line supervisory positions 
through senior departmental cybersecurity posi-
tions. 
‘‘(E) Information on the percentage of in-
dividuals within each cybersecurity occupation 
category who received essential training to per-
form their jobs, and in cases in which such 
training is not received, information on what
challenges, if any, were encountered with re-
spect to the provision of such training. 
‘‘(F) Information on recruiting costs in-
curred with respect to efforts to fill cybersecu-
rity positions across the Department in a man-
ner that allows for tracking of overall recruiting 
and identifying areas for better coordination 
and leveraging of resources within the Depart-
ment. 
‘‘(d) WORKFORCE STRATEGY.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of this section, the 
Secretary shall develop, maintain, and, as necessary, 
update, a comprehensive workforce strategy that en-
hances the readiness, capacity, training, recruitment, 
and retention of the cybersecurity workforce of the 
Department. 
‘‘(2) CONTENTS.—The comprehensive work-
force strategy developed under paragraph (1) shall 
include— 
‘‘(A) a multiphased recruitment plan, in-
cluding relating to experienced professionals, 
members of disadvantaged or underserved com-
munities, the unemployed, and veterans; 
‘‘(B) a 5-year implementation plan;
‘‘(C) a 10-year projection of the Depart-
ment’s cybersecurity workforce needs; and 
‘‘(D) obstacles impeding the hiring and de-
velopment of a cybersecurity workforce at the 
Department. 
‘‘(e) INFORMATION SECURITY TRAINING.—Not later 
than 270 days after the date of the enactment of this sec-
tion, the Secretary shall establish and maintain a process 
to verify on an ongoing basis that individuals employed 
by independent contractors who serve in cybersecurity po-
sitions at the Department receive initial and recurrent in-
formation security training comprised of general security 
awareness training necessary to perform their job func-
tions, and role-based security training that is commensu-
rate with assigned responsibilities. The Secretary shall 
maintain documentation to ensure that training provided 
to an individual under this subsection meets or exceeds 
requirements for such individual’s job function. 
‘‘(f) UPDATES.—The Secretary shall submit to the 
appropriate congressional committees annual updates re-
garding the cybersecurity workforce assessment required 
under subsection (c), information on the progress of car-
rying out the comprehensive workforce strategy developed 
under subsection (d), and information on the status of the
implementation of the information security training re-
quired under subsection (e). 
‘‘(g) GAO STUDY.—The Secretary shall provide the 
Comptroller General of the United States with information 
on the cybersecurity workforce assessment required under 
subsection (c) and progress on carrying out the com-
prehensive workforce strategy developed under subsection 
(d). The Comptroller General shall submit to the Sec-
retary and the appropriate congressional committees a 
study on such assessment and strategy. 
‘‘(h) CYBERSECURITY FELLOWSHIP PROGRAM.—Not 
later than 120 days after the date of the enactment of 
this section, the Secretary shall submit to the appropriate 
congressional committees a report on the feasibility of es-
tablishing a Cybersecurity Fellowship Program to offer a 
tuition payment plan for undergraduate and doctoral can-
didates who agree to work for the Department for an 
agreed-upon period of time.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding after 
the item relating to section 230 (as added by section 201) 
the following new item: 
‘‘Sec. 230A. Cybersecurity occupation categories, workforce assessment, and 
strategy.’’.
SEC. 302. PERSONNEL AUTHORITIES. 
(a) IN GENERAL.—Subtitle C of title II of the Home-
land Security Act of 2002, as amended by sections 101, 
102, 103, 104, 105, 106, 201, and 301 is further amended 
by adding at the end the following new section: 
‘‘SEC. 230B. PERSONNEL AUTHORITIES. 
‘‘(a) IN GENERAL.— 
‘‘(1) PERSONNEL
AUTHORITIES.—The Sec-
retary may exercise with respect to qualified employ-
ees of the Department the same authority that the 
Secretary of Defense has with respect to civilian in-
telligence personnel and the scholarship program 
under sections 1601, 1602, 1603, and 2200a of title 
10, United States Code, to establish as positions in 
the excepted service, appoint individuals to such po-
sitions, fix pay, and pay a retention bonus to any 
employee appointed under this section if the Sec-
retary determines that such is needed to retain es-
sential personnel. Before announcing the payment of 
a bonus under this paragraph, the Secretary shall 
submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate a written explanation of such determination. 
Such authority shall be exercised—
‘‘(A) to the same extent and subject to the 
same conditions and limitations that the Sec-
retary of Defense may exercise such authority 
with respect to civilian intelligence personnel of 
the Department of Defense; and 
‘‘(B) in a manner consistent with the merit 
system principles set forth in section 2301 of 
title 5, United States Code. 
‘‘(2) CIVIL
SERVICE
PROTECTIONS.—Sections 
1221 and 2302, and chapter 75 of title 5, United 
States Code, shall apply to the positions established 
pursuant to the authorities provided under para-
graph (1). 
‘‘(3) PLAN
FOR
EXECUTION
OF
AUTHORI-
TIES.—Not later than 120 days after the date of the 
enactment of this section, the Secretary shall submit 
to the Committee on Homeland Security of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate a report that contains a plan for the use of 
the authorities provided under this subsection. 
‘‘(b) ANNUAL REPORT.—Not later than one year 
after the date of the enactment of this section and annu-
ally thereafter for four years, the Secretary shall submit 
to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a detailed report 
(including appropriate metrics on actions occurring during 
the reporting period) that discusses the processes used by 
the Secretary in implementing this section and accepting 
applications, assessing candidates, ensuring adherence to 
veterans’ preference, and selecting applicants for vacancies 
to be filled by a qualified employee. 
‘‘(c) DEFINITION
OF QUALIFIED EMPLOYEE.—In 
this section, the term ‘qualified employee’ means an em-
ployee who performs functions relating to the security of 
Federal civilian information systems, critical infrastruc-
ture information systems, or networks of either of such 
systems.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding after 
the item relating to section 230A (as added by section 
301) the following new item: 
‘‘Sec. 230B. Personnel authorities.’’. 
Passed the House of Representatives July 28, 2014. 
Attest: 
Clerk.
113TH CONGRESS 
2D SESSION 
H. R. 3696 
AN ACT 
To amend the Homeland Security Act of 2002 to 
make certain improvements regarding cybersecu-
rity and critical infrastructure protection, and for 
other purposes.