II Calendar No. 668 115th CONGRESS 2d Session S. 3208 [Report No. 115–382] IN THE SENATE OF THE UNITED STATES July 12, 2018 Mr. Johnson (for himself and Mrs. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs November 26, 2018 Reported by Mr. Johnson , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To provide agencies with discretion in securing information technology and information systems.

1. Short title This Act may be cited as the Federal Information Systems Safeguards Act of 2018 . 2. Agency discretion to secure information technology and information systems (a) In general The authority described under subsection (b) may not be— (1) limited by a collective bargaining agreement, memorandum of agreement, or any other agreement entered into before, on, or after the date of enactment of this Act pursuant to chapter 71 of title 5, United States Code; or (2) negotiated under section 7106(b) or any other section of such chapter 71. (b) Authority covered The authority described in this subsection is the authority of the head of an agency, pursuant to section 3554 of title 44, United States Code, to take any action to limit, restrict, or prohibit access to a website or to test, deploy, or update a cybersecurity measure if the head of the agency determines such action is necessary to carry out the responsibilities of the head of the agency under such section 3554. (c) Definition of agency In this section, the term agency has the meaning given the term in section 3502 of title 44, United States Code.

1. Short title This Act may be cited as the Federal Information Systems Safeguards Act of 2018 . 2. Agency discretion to secure information technology and information systems (a) In general The authority described under subsection (b) may not be— (1) limited by a collective bargaining agreement, memorandum of agreement, or any other agreement entered into before, on, or after the date of enactment of this Act pursuant to chapter 71 of title 5, United States Code; or (2) negotiated under section 7106(b) or any other section of such chapter 71. (b) Authority covered The authority described in this subsection is the authority of the head of an agency, pursuant to section 3554 of title 44, United States Code, to take any action to limit, restrict, or prohibit access to a website or to test, deploy, or update a cybersecurity measure if the head of the agency determines such action is necessary to carry out the responsibilities of the head of the agency under such section 3554. (c) Consideration of communication needs (1) In general After taking an action under this section, the head of an agency shall, upon the request of employees of the agency, take into consideration and seek guidance on the personal communication needs of the employees of the agency. (2) Rule of construction Nothing in this subsection shall be construed to establish a right to collective bargaining. (d) Definition of agency In this section, the term agency has the meaning given the term in section 3502 of title 44, United States Code.

November 26, 2018 Reported with an amendment