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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.''.
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.