In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Example Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``End-User Protection Act of 2014''.

SEC. 2. DEFINITIONS.

    (a) In General.--Section 1a of the Commodity Exchange Act (7 U.S.C. 
1a) is amended--
            (1) by redesignating paragraphs (8) through (51) as 
        paragraphs (9) through (52), respectively;
            (2) by inserting after paragraph (7) the following:
            ``(8) Commercial market participant.--The term `commercial 
        market participant' means any producer, processor, merchant, or 
        commercial user of an exempt or agricultural commodity, or the 
        products or by-products of an exempt or agricultural 
        commodity.'';
            (3) in subparagraph (B) of paragraph (48) (as so 
        redesignated), by striking clause (ii) and inserting the 
        following:
                            ``(ii) any purchase or sale of a 
                        nonfinancial commodity or security for deferred 
                        shipment or delivery, so long as the 
                        transaction is intended to be physically 
                        settled, including any stand-alone or embedded 
                        option for which exercise would result in a 
                        physical delivery obligation;''; and
            (4) in paragraph (50) (as redesignated by paragraph (1)), 
        by striking subparagraph (D) and inserting the following:
                    ``(D) De minimis exception.--
                            ``(i) In general.--The Commission shall 
                        exempt from designation as a swap dealer an 
                        entity that engages in a de minimis quantity of 
                        swap dealing (which shall not be less than 
                        $8,000,000,000) in connection with transactions 
                        with or on behalf of its customers.
                            ``(ii) Regulations.--The Commission shall 
                        promulgate regulations to establish the factors 
                        to be used in a determination under clause (i) 
                        to exempt, including any monetary or other 
                        levels established by the Commission, and those 
                        levels shall only be amended or changed through 
                        an affirmative action of the Commission 
                        undertaken by rule or regulation.''.
    (b) Financial Entity.--Section 2(h)(7)(C) of the Commodity Exchange 
Act (7 U.S.C. 2(h)(7)(C)) is amended--
            (1) in clause (iii)--
                    (A) by striking ``an entity whose'' and inserting 
                the following: ``an entity--
                                    ``(I) whose'';
                    (B) by striking the period at the end and inserting 
                a semicolon; and
                    (C) by adding at the end the following:
                                    ``(II) that is--
                                            ``(aa) a commercial market 
                                        participant;
                                            ``(bb) included in clause 
                                        (i)(VIII); and
                                            ``(cc) not supervised by a 
                                        prudential regulator; or
                                    ``(III) that is included in clause 
                                (i)(VIII) because--
                                            ``(aa) the entity regularly 
                                        enters into foreign exchange or 
                                        derivatives transactions on 
                                        behalf of, or to hedge or 
                                        mitigate, whether directly or 
                                        indirectly, the commercial risk 
                                        of 1 or more entities within 
                                        the same commercial enterprise 
                                        as the entity; or
                                            ``(bb) of the making of 
                                        loans to 1 or more entities 
                                        within the same commercial 
                                        enterprise as the entity.''; 
                                        and
            (2) by adding at the end the following:
                            ``(iv) Same commercial enterprise.--For 
                        purposes of clause (iii)(III), an entity shall 
                        be considered to be within the same commercial 
                        enterprise as another entity if--
                                    ``(I) 1 of the entities owns, 
                                directly or indirectly, at least a 
                                majority ownership interest in the 
                                other entity and reports its financial 
                                statements on a consolidated basis and 
                                the consolidated financial statements 
                                include the financial results of both 
                                entities; or
                                    ``(II) a third party owns at least 
                                a majority ownership interest in both 
                                entities and reports its financial 
                                statements on a consolidated basis and 
                                the financial statements of the third 
                                party include the financial results of 
                                both entities.
                            ``(v) Predominantly engaged.--
                                    ``(I) In general.--Not later than 
                                90 days after the date of enactment of 
                                this clause, the Commission shall 
                                promulgate regulations defining the 
                                term `predominantly engaged' for 
                                purposes of clause (i)(VIII).
                                    ``(II) Minimum revenues.--The 
                                regulations shall provide that an 
                                entity shall not be considered to be 
                                predominantly engaged in activities 
                                that are in the business of banking or 
                                financial in nature if the consolidated 
                                revenues of the entity derived from the 
                                activities constitute less than a 
                                percentage (as specified by the 
                                Commission in the regulations) of the 
                                total consolidated revenues of the 
                                entity.
                                    ``(III) Revenues from banking or 
                                financial activities.--In determining 
                                the percentage of the revenues of an 
                                entity that are derived from activities 
                                that are in the business of banking or 
                                financial in nature, the regulations 
                                shall exclude all revenues that are or 
                                result from foreign exchange or 
                                derivatives transactions used to hedge 
                                or mitigate commercial risk (as defined 
                                by the Commission in the 
                                regulations).''.

SEC. 3. REPORTING OF ILLIQUID SWAPS SO AS TO NOT DISADVANTAGE CERTAIN 
              NON-FINANCIAL END USERS.

    Section 2(a)(13) of the Commodity Exchange Act (7 U.S.C. 2(a)(13)) 
is amended--
            (1) in subparagraph (C), by striking ``The Commission'' and 
        inserting ``Except as provided in subparagraph (D), the 
        Commission'';
            (2) by redesignating subparagraphs (D) through (G) as 
        subparagraphs (E) through (H), respectively; and
            (3) by inserting after subparagraph (C) the following:
                    ``(D) Requirements for swap transactions in 
                illiquid markets.--
                            ``(i) Definition of illiquid markets.--In 
                        this subparagraph, the term `illiquid markets' 
                        means any market in which the volume and 
                        frequency of trading in swaps is at such a 
                        level as to allow identification of individual 
                        market participants.
                            ``(ii) Requirements.--Notwithstanding 
                        subparagraph (C), the Commission shall--
                                    ``(I) provide by rule for the 
                                public reporting of swap transactions, 
                                including price and volume data, in 
                                illiquid markets that are not cleared 
                                and entered into by a nonfinancial 
                                entity that is hedging or mitigating 
                                commercial risk in accordance with 
                                subsection (h)(7)(A); and
                                    ``(II) ensure that the swap 
                                transaction information described in 
                                subclause (I) is available to the 
                                public not sooner than 30 days after 
                                the swap transaction has been executed 
                                or at such later date as the Commission 
                                determines appropriate to protect the 
                                identity of participants and positions 
                                in illiquid markets and to prevent the 
                                elimination or reduction of market 
                                liquidity.''.

SEC. 4. TREATMENT OF AFFILIATES.

    Section 2(h)(7)(D)(i) of the Commodity Exchange Act (7 U.S.C. 
2(h)(7)(D)(i)) is amended--
            (1) by striking ``An affiliate'' and inserting ``A person 
        that is a financial entity and is an affiliate'';
            (2) by striking ``(including affiliate entities 
        predominantly engaged in providing financing for the purchase 
        of the merchandise or manufactured goods of the person)''; and
            (3) by striking ``and as an agent''.

SEC. 5. APPLICABILITY TO BONA FIDE HEDGE TRANSACTIONS OR POSITIONS.

    Section 4a(c) of the Commodity Exchange Act (7 U.S.C. 6a(c)) is 
amended--
            (1) in the second sentence of paragraph (1), by striking 
        ``into the future for which'' and inserting ``in the future, to 
        be determined by the Commission, for which either an 
        appropriate swap is available or''; and
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``subsection (a)(2)'' and all that follows 
                through ``position that--'' and inserting ``paragraphs 
                (2) and (5) of subsection (a) for swaps, contracts of 
                sale for future delivery, or options on the contracts 
                or commodities, a bona fide hedging transaction or 
                position is a transaction or position that--''; and
                    (B) in subparagraph (A)(ii), by striking ``of 
                risks'' and inserting ``or management of current or 
                anticipated risks''; and
            (3) by adding at the end the following:
            ``(3) Commission definition.--The Commission may further 
        define, by rule or regulation, what constitutes a bona fide 
        hedging transaction or position so long as the rule or 
        regulation is consistent with the requirements of subparagraphs 
        (A) and (B) of paragraph (2).''.

SEC. 6. REPORTING AND RECORDKEEPING.

    Section 4g(f) of the Commodity Exchange Act (7 U.S.C. 6g(f)) is 
amended--
            (1) by striking ``(f) Nothing contained in this section'' 
        and inserting the following:
    ``(f) Authority of Commission To Make Separate Determinations 
Unimpaired.--
            ``(1) In general.--Except as provided in paragraph (2), 
        nothing in this section''; and
            (2) by adding at the end the following:
            ``(2) Exception.--If the Commission imposes any requirement 
        under this section on any person that is not registered, or 
        required to be registered, with the Commission in any capacity, 
        that person shall satisfy the requirements of any rule, order, 
        or regulation under this section by maintaining a written 
        record of each cash or forward transaction related to a 
        reportable or hedging commodity interest transaction, futures 
        contract, option on a futures contract, or swap.
            ``(3) Sufficiency.--A written record described in paragraph 
        (2) shall be sufficient if the written record--
                    ``(A) memorializes the final agreement between the 
                parties, including the material economic terms of the 
                transaction; and
                    ``(B) is identifiable and searchable by 
                transaction.''.

SEC. 7. MARGIN REQUIREMENTS.

    (a) Commodity Exchange Act Amendment.--Section 4s(e) of the 
Commodity Exchange Act (7 U.S.C. 6s(e)) is amended by adding at the end 
the following:
            ``(4) Applicability with respect to counterparties.--The 
        requirements of paragraphs (2)(A)(ii) and (2)(B)(ii), including 
        the initial and variation margin requirements imposed by rules 
        adopted pursuant to paragraphs (2)(A)(ii) and (2)(B)(ii), shall 
        not apply to a swap in which a counterparty qualifies for an 
        exception under section 2(h)(7)(A) or 2(h)(7)(D), or an 
        exemption issued under section 4(c)(1) from the requirements of 
        section 2(h)(1)(A) for cooperative entities as defined in that 
        exemption.''.
    (b) Securities Exchange Act Amendment.--Section 15F(e) of the 
Securities Exchange Act of 1934 (15 U.S.C. 78o-10(e)) is amended by 
adding at the end the following:
            ``(4) Applicability with respect to counterparties.--The 
        requirements of paragraphs (2)(A)(ii) and (2)(B)(ii) shall not 
        apply to a security-based swap in which a counterparty 
        qualifies for an exception under section 3C(g)(1) or satisfies 
        the criteria in section 3C(g)(4).''.
    (c) Implementation.--The amendments made by this section to the 
Commodity Exchange Act (7 U.S.C. 1 et seq.) shall be implemented--
            (1) without regard to--
                    (A) chapter 35 of title 44, United States Code; and
                    (B) the notice and comment provisions of section 
                553 of title 5, United States Code;
            (2) through the promulgation of an interim final rule, 
        pursuant to which public comment is sought before a final rule 
        is issued; and
            (3) such that paragraph (1) shall apply solely to changes 
        to rules and regulations, or proposed rules and regulations, 
        that are limited to and directly a consequence of the 
        amendments.

SEC. 8. ANALYSIS BY THE COMMODITY FUTURES TRADING COMMISSION OF THE 
              COSTS AND BENEFITS OF REGULATIONS AND ORDERS.

    Section 15(a) of the Commodity Exchange Act (7 U.S.C. 19(a)) is 
amended by striking paragraphs (1) and (2) and inserting the following:
            ``(1) In general.--Before promulgating a regulation under 
        this Act or issuing an order (except as provided in paragraph 
        (3)), the Commission, acting through the Office of the Chief 
        Economist, shall--
                    ``(A) state a justification for the regulation or 
                order;
                    ``(B) state the baseline for the cost-benefit 
                analysis and explain how the regulation or order 
                measures costs against the baseline;
                    ``(C) assess the costs and benefits, both 
                qualitative and quantitative, of the intended 
                regulation or order;
                    ``(D) measure, and seek to improve, the actual 
                results of regulatory requirements; and
                    ``(E) propose or adopt a regulation or order only 
                on a reasoned determination that the benefits of the 
                intended regulation or order justify the costs of the 
                intended regulation or order (recognizing that some 
                benefits and costs are difficult to quantify).
            ``(2) Considerations.--In making a reasoned determination 
        of costs and benefits under paragraph (1), the Commission shall 
        consider--
                    ``(A) the protection of market participants and the 
                public;
                    ``(B) the efficiency, competitiveness, and 
                financial integrity of futures and swaps markets;
                    ``(C) the impact on market liquidity in the futures 
                and swaps markets;
                    ``(D) price discovery;
                    ``(E) sound risk management practices;
                    ``(F) the cost of available alternatives to direct 
                regulation;
                    ``(G) the degree and nature of the risks posed by 
                various activities within the scope of the jurisdiction 
                of the Commission;
                    ``(H) whether, consistent with obtaining regulatory 
                objectives, the regulation or order is tailored to 
                impose the least burden on society, including market 
                participants, individuals, businesses of differing 
                sizes, and other entities (including small communities 
                and governmental entities), taking into account, to the 
                extent practicable, the cumulative costs of regulations 
                and orders;
                    ``(I) whether the regulation or order is 
                inconsistent, incompatible, or duplicative of other 
                Federal regulations and orders; and
                    ``(J) whether, in choosing among alternative 
                regulatory approaches, those approaches maximize net 
                benefits (including potential economic, environmental, 
                and other benefits, distributive impacts, and 
                equity).''.
Example Output: End-User Protection Act of 2014 - Amends the Commodity Exchange Act with respect to exceptions to the requirement that any swap be cleared by a derivatives clearing organization either registered under that Act, or exempted from registration, if the swap is required to be cleared. Revises the definition of a financial entity subject to such requirement to exclude one that: (1) is a commercial market participant predominantly engaged in activities in the business of banking, or in activities that are financial in nature, but is not supervised by a prudential regulator; or (2) is considered as predominantly engaged in activities in the business of banking or in financial activities because it regularly enters into foreign exchange or derivatives transactions on behalf of, or to hedge or mitigate the commercial risk of, one or more other entities within the entity's same commercial enterprise, or because of making loans to one or more of such other entities. Directs the Commodity Futures Trading Commission (CFTC) to provide by rule for the public reporting of swap transactions, including price and volume data, in illiquid markets that are not cleared and entered into by a nonfinancial entity that is hedging or mitigating commercial risk. Defines &quot;illiquid&quot; as any market in which the volume and frequency of trading in swaps is at such a level as to allow identification of individual market participants. Requires the CFTC to ensure that such swap transaction information is not available to the public until 30 days after the transaction has been executed, or at an appropriate later date, in order to: (1) protect the identity of participants and positions in illiquid markets, and (2) prevent the elimination or reduction of market liquidity. Accords financial entities exempt from swap-clearing requirements the same treatment as exempted affiliates. Revises the exemption of bona fide hedge transactions or positions from certain trading limitations to set criteria for CFTC rules or regulations treating swaps, contracts of sale for future delivery, or options on the contracts or commodities as bona fide hedge transactions or positions also exempt from those limitations. Declares that, if the CFTC imposes any reporting and recordkeeping requirement on any person that is not registered, or required to be registered, with the CFTC, that person shall satisfy the requirements of any pertinent rule, order, or regulation by maintaining a written record of each cash or forward transaction related to a reportable or hedging commodity interest transaction, futures contract, option on a futures contract, or swap. Makes such a written record sufficient if it: (1) memorializes the final agreement between the parties, including the transaction's material economic terms; and (2) is identifiable and searchable by transaction. States that certain requirements for adoption of rules governing capital and margin requirements for swap dealers and major swap participants, including the initial and variation margin requirements imposed by rules adopted according to such requirements, shall not apply to a swap in which a counterparty qualifies for specified exceptions or exemptions. Revises requirements for a CFTC cost-benefit analysis made before an order is issued. Requires the CFTC, acting through the Office of the Chief Economist, among other things to:  state a justification for the regulation or order; state the baseline for the cost-benefit analysis and explain how the regulation or order measures costs against the baseline; assess the costs and benefits, both qualitative and quantitative, of the intended regulation or order; measure, and seek to improve, the actual results of regulatory requirements; and propose or adopt a regulation or order only on a reasoned determination that the benefits of the intended regulation or order justify its costs. 

Example Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elder Pride Act of 2018''.

SEC. 2. DEFINITIONS.

    Section 102 of the Older Americans Act of 1965 (42 U.S.C. 3002) is 
amended--
            (1) by redesignating paragraphs (34) through (40) and 
        paragraphs (41) through (54) as paragraphs (35) through (41) 
        and paragraphs (43) through (56), respectively;
            (2) by inserting after paragraph (33) the following:
            ``(34) The term `LGBT' means lesbian, gay, bisexual, or 
        transgender.''; and
            (3) by inserting after paragraph (41), as so redesignated, 
        the following:
            ``(42) The term `older LGBT individual' means an older 
        individual that identifies as LGBT.''.

SEC. 3. OFFICE OF OLDER LGBT POLICY.

    (a) Establishment.--
            (1) In general.--Section 201 of the Older Americans Act of 
        1965 (42 U.S.C. 3011) is amended by adding at the end the 
        following:
    ``(g)(1) There is established in the Administration an Office of 
Older LGBT Policy (referred to in this subsection as the `Office').
    ``(2) The Office shall be headed by a Director of the Office of 
Older LGBT Policy (referred to in this subsection as the `Director') 
who shall be appointed by the Secretary.
    ``(3) The Director shall--
            ``(A) coordinate activities within the Department of Health 
        and Human Services, and between other Federal departments and 
        agencies, to assure a continuum of improved services for older 
        LGBT individuals;
            ``(B) serve as the effective and visible advocate on behalf 
        of older LGBT individuals--
                    ``(i) within the Department of Health and Human 
                Services and with other departments and agencies of the 
                Federal Government regarding all Federal policies 
                affecting such individuals; and
                    ``(ii) in the States to promote the enhanced 
                delivery of services and implementation of programs, 
                under this Act and other Federal Acts, for the benefit 
                of such individuals;
            ``(C) support, conduct, and arrange for research in the 
        field of LGBT aging with a special emphasis on gathering 
        statistics on older LGBT individuals;
            ``(D) collect and disseminate information related to 
        challenges experienced by older LGBT individuals with an 
        emphasis on the challenges experienced by older LGBT 
        individuals residing in rural areas and older LGBT individuals 
        living with human immunodeficiency virus and acquired immune 
        deficiency syndrome (HIV/AIDS);
            ``(E) recommend policies and priorities beneficial to older 
        LGBT individuals and promote the implementation and adoption of 
        culturally competent care and services for such individuals; 
        and
            ``(F) administer and evaluate grants that will help older 
        LGBT individuals, including grants under section 423.
    ``(4) Not later than January 31 of fiscal year 2023 and of each 
fifth fiscal year thereafter, the Director shall submit to Congress a 
report describing the activities carried out under this subsection 
during the preceding 5 fiscal years.''.

SEC. 4. RURAL OUTREACH GRANT PROGRAM.

    Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 
3032 et seq.) is amended by adding at the end the following:

``SEC. 423. RURAL OUTREACH GRANT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of 
        the Office of Older LGBT Policy, established under section 
        201(g).
            ``(2) Eligible entity.--The term `eligible entity'--
                    ``(A) means an entity that submits an application 
                to the Director in accordance with subsection (d), and 
                is--
                            ``(i) a State; or
                            ``(ii) an agency, organization, or 
                        institution that focuses on serving the needs 
                        of older individuals or LGBT individuals; and
                    ``(B) may include an area agency on aging for a 
                rural area or a multipurpose senior center.
            ``(3) Rural area.--The term `rural area' means an area that 
        is not designated by the United States Census Bureau as an 
        urbanized area or urban cluster.
    ``(b) Purpose.--The purpose of this section is to provide eligible 
entities with resources and incentives to devise a long-term 
comprehensive strategy for connecting with older LGBT individuals 
residing in rural areas and meeting the needs of such individuals.
    ``(c) Authority for Grants.--The Director may, for the purpose 
described in subsection (b), make grants to eligible entities to carry 
out activities approved by the Director in accordance with subsection 
(e).
    ``(d) Applications.--
            ``(1) In general.--An eligible entity seeking a grant under 
        this section shall submit an application to the Director at 
        such time, in such manner, and containing such information as 
        the Director may reasonably require, including the contents 
        described in paragraph (2).
            ``(2) Contents.--An application for a grant under this 
        section shall contain--
                    ``(A) a description of the proposed activities to 
                be supported by the grant;
                    ``(B) a description of the size and characteristics 
                of the population in a rural area served by such 
                activities;
                    ``(C) a description of the public and private 
                resources expected to be made available in connection 
                with such activities;
                    ``(D) a demonstrated intent to partner with local 
                organizations in rural areas in carrying out such 
                activities;
                    ``(E) evidence in a form acceptable to the Director 
                that such activities will meet urgent needs that are 
                not met by available public and private sources; and
                    ``(F) such other information or certifications that 
                the Director determines necessary to achieve the 
                purpose described in subsection (b).
    ``(e) Approved Activities.--
            ``(1) In general.--A grant under this section shall be 
        available only for activities approved by the Director to carry 
        out a strategy designed to create a cooperative and lasting 
        partnership between older LGBT individuals residing in rural 
        areas and the eligible entity receiving the grant.
            ``(2) Approved activities.--Activities approved by the 
        Director may include initiatives that--
                    ``(A) engage in education and training around 
                community outreach to older LGBT individuals residing 
                in rural areas;
                    ``(B) reduce isolation and improve access to care 
                for older LGBT individuals residing in rural areas by 
                building relationships between such individuals and the 
                local community;
                    ``(C) foster relationships between local LGBT-
                affirming service providers and older LGBT individuals 
                residing in rural areas;
                    ``(D) improve LGBT cultural competency among 
                organizations and personnel providing services to older 
                individuals residing in rural areas; and
                    ``(E) expand the use of non-discrimination policies 
                that--
                            ``(i) protect sexual orientation and gender 
                        identity; and
                            ``(ii) create community spaces that are 
                        inclusive to older LGBT individuals.
    ``(f) Standards and Guidelines.--The Director shall establish 
standards and guidelines for approved activities supported by a grant 
under this section. Such standards and guidelines shall permit an 
eligible entity receiving such a grant to refine or adapt the standards 
and guidelines for an individual project, where such a refinement or 
adaptation is made necessary by a local circumstance.
    ``(g) Coordination With Local Entities.--
            ``(1) Cooperation.--An eligible entity receiving a grant 
        under this section shall, in carrying out the approved 
        activities supported by the grant, agree to cooperate and 
        coordinate with--
                    ``(A) the agencies of the relevant State and local 
                governments responsible for providing services to older 
                LGBT individuals in the area served by such activities; 
                and
                    ``(B) other public and private organizations and 
                agencies providing services for older LGBT individuals 
                in such area.
            ``(2) Prioritization.--An eligible entity receiving a grant 
        under this section shall prioritize cooperating and 
        coordinating with public and private organizations and agencies 
        that primarily serve economically underserved populations, as 
        determined by the Director.
    ``(h) Reports.--Not later than January 31 of fiscal year 2020, and 
of each second fiscal year thereafter, the Director shall submit to 
Congress a report describing the activities carried out under this 
section during the preceding 2 fiscal years.''.
Example Output: Elder Pride Act of 2018 This bill establishes the Office of Older LGBT Policy and a related rural outreach grant program. The office shall coordinate research and services for older lesbian, gay, bisexual, and transgender (LGBT) individuals. The office shall oversee a program, and may award grants, for addressing the needs of older LGBT individuals in rural areas. Some of the approved activities for the grant program include education and outreach, reducing isolation and improving access to care, and expanding the use of non-discrimination policies. The office shall be a part of the Administration on Aging. 

Example Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Homeland Security 
Cybersecurity Enhancement Act of 2004''.

SEC. 2. ASSISTANT SECRETARY FOR CYBERSECURITY.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the 
following:

``SEC. 203. ASSISTANT SECRETARY FOR CYBERSECURITY.

    ``(a) In General.--There shall be in the Directorate for 
Information Analysis and Infrastructure Protection a National 
Cybersecurity Office headed by an Assistant Secretary for Cybersecurity 
(in this section referred to as the `Assistant Secretary'), who shall 
assist the Secretary in promoting cybersecurity for the Nation.
    ``(b) General Authority.--The Assistant Secretary, subject to the 
direction and control of the Secretary, shall have primary authority 
within the Department for all cybersecurity-related critical 
infrastructure protection programs of the Department, including with 
respect to policy formulation and program management.
    ``(c) Responsibilities.--The responsibilities of the Assistant 
Secretary shall include the following:
            ``(1) To establish and manage--
                    ``(A) a national cybersecurity response system that 
                includes the ability to--
                            ``(i) analyze the effect of cybersecurity 
                        threat information on national critical 
                        infrastructure; and
                            ``(ii) aid in the detection and warning of 
                        attacks on, and in the restoration of, 
                        cybersecurity infrastructure in the aftermath 
                        of such attacks;
                    ``(B) a national cybersecurity threat and 
                vulnerability reduction program that identifies 
                cybersecurity vulnerabilities that would have a 
                national effect on critical infrastructure, performs 
                vulnerability assessments on information technologies, 
                and coordinates the mitigation of such vulnerabilities;
                    ``(C) a national cybersecurity awareness and 
                training program that promotes cybersecurity awareness 
                among the public and the private sectors and promotes 
                cybersecurity training and education programs;
                    ``(D) a government cybersecurity program to 
                coordinate and consult with Federal, State, and local 
                governments to enhance their cybersecurity programs; 
                and
                    ``(E) a national security and international 
                cybersecurity cooperation program to help foster 
                Federal efforts to enhance international cybersecurity 
                awareness and cooperation.
            ``(2) To coordinate with the private sector on the program 
        under paragraph (1) as appropriate, and to promote 
        cybersecurity information sharing, vulnerability assessment, 
        and threat warning regarding critical infrastructure.
            ``(3) To coordinate with other directorates and offices 
        within the Department on the cybersecurity aspects of their 
        missions.
            ``(4) To coordinate with the Under Secretary for Emergency 
        Preparedness and Response to ensure that the National Response 
        Plan developed pursuant to section 502(6) of the Homeland 
        Security Act of 2002 (6 U.S.C. 312(6)) includes appropriate 
        measures for the recovery of the cybersecurity elements of 
        critical infrastructure.
            ``(5) To develop processes for information sharing with the 
        private sector, consistent with section 214, that--
                    ``(A) promote voluntary cybersecurity best 
                practices, standards, and benchmarks that are 
                responsive to rapid technology changes and to the 
                security needs of critical infrastructure; and
                    ``(B) consider roles of Federal, State, local, and 
                foreign governments and the private sector, including 
                the insurance industry and auditors.
            ``(6) To coordinate with the Chief Information Officer of 
        the Department in establishing a secure information sharing 
        architecture and information sharing processes, including with 
        respect to the Department's operation centers.
            ``(7) To consult with the Electronic Crimes Task Force of 
        the United States Secret Service on private sector outreach and 
        information activities.
            ``(8) To consult with the Office for Domestic Preparedness 
        to ensure that realistic cybersecurity scenarios are 
        incorporated into tabletop and recovery exercises.
            ``(9) To consult and coordinate, as appropriate, with other 
        Federal agencies on cybersecurity-related programs, policies, 
        and operations.
            ``(10) To consult and coordinate within the Department and, 
        where appropriate, with other relevant Federal agencies, on 
        security of digital control systems, such as Supervisory 
        Control and Data Acquisition (SCADA) systems.
    ``(d) Authority Over the National Communications System.--The 
Assistant Secretary shall have primary authority within the Department 
over the National Communications System.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to 
subtitle A of title II the following:

``203. Assistant Secretary for Cybersecurity.''.

SEC. 3. CYBERSECURITY DEFINED.

    Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is 
amended by adding at the end the following:
            ``(17)(A) The term `cybersecurity' means the prevention of 
        damage to, the protection of, and the restoration of computers, 
        electronic communications systems, electronic communication 
        services, wire communication, and electronic communication, 
        including information contained therein, to ensure its 
        availability, integrity, authentication, confidentiality, and 
        nonrepudiation.
            ``(B) In this paragraph--
                    ``(i) each of the terms `damage' and `computer' has 
                the meaning that term has in section 1030 of title 18, 
                United States Code; and
                    ``(ii) each of the terms `electronic communications 
                system', `electronic communication service', `wire 
                communication', and `electronic communication' has the 
                meaning that term has in section 2510 of title 18, 
                United States Code.''.
Example Output:
Department of Homeland Security Cybersecurity Enhancement Act of 2004 - Amends the Homeland Security Act of 2002 to establish in the Department of Homeland Security's (DHS) Directorate for Information Analysis and Infrastructure Protection a National Cybersecurity Office, headed by an Assistant Secretary for Cybersecurity, who shall assist the Secretary in promoting cybersecurity for the Nation. Grants the Assistant Secretary primary authority within DHS for all cybersecurity-related critical infrastructure programs of DHS.

Includes among the responsibilities of the Assistant Secretary to: (1) establish and manage a national cybersecurity response system, a national cybersecurity threat and vulnerability reduction program, a national cybersecurity awareness and training program, a government cybersecurity program, and a national security and international cybersecurity cooperation program; (2) coordinate specified activities with the private sector, with other directorates and offices within DHS (including with the Chief Information Officer), and with the Under Secretary for Emergency Preparedness and Response; (3) develop processes for information sharing with the private sector; (4) consult with the Secret Service's Electronic Crimes Task Force on private sector outreach and information activities and with the Office for Domestic Preparedness to ensure that realistic cybersecurity scenarios are incorporated into tabletop and recovery exercises; and (5) consult and coordinate with other Federal agencies on cybersecurity-related programs, policies, and operations and with other relevant Federal agencies and within DHS on security of digital control systems.

Grants the Assistant Secretary primary authority within DHS over the National Communications System.