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SECTION 1. SHORT TITLE.

This Act may be cited as the ''National Cyber Security Leadership
Act of 2003''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) Federal agencies rely on networked computer systems to
deliver critical services and information to the American
people, including operations related to national defense,
emergency services, tax collection, and the payment of
benefits.
(2) There has been an astonishing increase in cyber threats
to government and industry in recent years. The number of cyber
attacks on Federal Government systems in 2001 was 71 percent
greater than the number of such attacks on such systems in
2000.
(3) Cyber attacks can cause irreparable harm in network
systems, including the loss or dissemination of sensitive and
important data. Cyber attacks can also reduce the confidence of
the American people in the integrity and security of the
Internet.
(4) There is mounting evidence to suggest that terrorists
view the Internet as a tool to achieve their goals. Government
investigators found that al Qaeda operatives browsed Internet
sites that offered software describing the digital switches
that control power, water, transport, and communications grids.
(5) The Bush Administration has recognized in its draft
National Strategy to Secure Cyberspace ''the pressing need to
make federal cyberspace security a model for the nation''.
(6) All but a few Federal agencies continue to receive
failing grades for their cyber security programs.
(7) Federal agencies must take significant steps to better
protect themselves against cyber attacks, including--
(A) identifying significant vulnerabilities in
their computer networks and the tools needed to detect
such vulnerabilities;
(B) monitoring for new vulnerabilities in their
computer networks, and assessing risks of cyber
attacks;
(C) testing computers against identified
vulnerabilities; and
(D) ensuring that computers and networks are
adequately protected against such vulnerabilities.

SEC. 3. DEFINITIONS.

In this Act:
(1) Chief information officer.--The term ''Chief
Information Officer'', with respect to an agency, means the
official designated as the Chief Information Officer of the
agency pursuant to section 3506(a)(2) of title 44, United
States Code.
(2) Vulnerability.--The term ''vulnerability'', in the case
of information technology, means an error or defect in coding,
configuration, or installation of such information technology
that increases its susceptibility to a cyber threat.
(3) Other definitions.--Except as otherwise provided in
this section, any term used in this Act which is defined in
section 3502 of title 44, United States Code, shall have the
meaning given that term in such section 3502.

SEC. 4. ELIMINATION OF SIGNIFICANT VULNERABILITIES OF FEDERAL
GOVERNMENT INFORMATION TECHNOLOGY.

(a) In General.--The Chief Information Officer of each agency
shall--
(1) identify the significant vulnerabilities of the
information technology of such agency, including--
(A) vulnerabilities of such classes of information
technology of such agency as the Chief Information
Officer shall designate for purposes of this section;
and
(B) vulnerabilities of the information technology
of such agency as a whole;
(2) establish performance goals for eliminating the
significant vulnerabilities of the information technology of
such agency identified under paragraph (1), with such
performance goals--
(A) to be established utilizing the current state
of the information technology of such agency as a
baseline;
(B) to be stated both for particular classes of
information technology of such agency (as determined
under paragraph (1)(A)) and for the information
technology of such agency as a whole; and
(C) to be expressed as target ratios of
vulnerabilities per information technology;
(3) procure or develop tools to identify and eliminate the
vulnerabilities identified under paragraph (1) in order to
achieve the performance goals established under paragraph (2);
(4) train personnel of such agency in the utilization of
tools procured or developed under paragraph (3);
(5) not less often than once each quarter, test the
information technology of such agency to determine the extent
of the compliance of the information technology with the
performance goals established under paragraph (3); and
(6) to the extent that the information technology of such
agency does not comply with the performance goals established
under paragraph (3), promptly develop and implement a plan to
eliminate significant vulnerabilities in the information
technology in order to achieve compliance with such performance
goals.
(b) Annual Report on Activities.--
(1) Requirement.--The Chief Information Officer of each
agency shall include information on its activities under
subsection (a) in each annual report submitted to the Director
of the Office of Management and Budget under section 3545(e) of
title 44, United States Code (as amended by section 301(b) of
the Federal Information Security Management Act of 2002 (title
III of Public Law 107-347)).
(2) Form.--The form of information submitted under
paragraph (1) shall be specified by the Director of the Office
of Management and Budget.
(c) Governmentwide Standards.--
(1) Review by nist.--The Director of the Office of
Management and Budget shall ensure the review by the Director
of the National Institute of Standards and Technology of the
annual reports submitted under subsection (b) in the first year
after the date of the enactment of this Act.
(2) Guidelines.--Not later than 180 days after receiving
annual reports for review under paragraph (1), the Director of
the National Institute of Standards and Technology shall
develop and make available to the Chief Information Officers of
the agencies governmentwide guidelines for use in complying
with subsection (a). The guidelines shall--
(A) identify vulnerabilities of information
technology common to the agencies; and
(B) describe means of eliminating such
vulnerabilities, including the use of checklists
pursuant to section 8(c) of the Cyber Security Research
and Development Act (Public Law 107-305).
(3) Mandatory use.--
(A) Designation of vulnerabilities.--The Director
of the National Institute of Standards and Technology
shall designate as a result of the review under
paragraph (1) any significant vulnerabilities of
information technology of such broad applicability and
severity so as to warrant the mandatory use of the
guidelines developed under paragraph (2) with respect
to such vulnerabilities.
(B) Mandatory use.--The Secretary of Commerce
shall, using the authority available to the Secretary
under section 11331(b) of title 40, United States Code,
mandate the use by the agencies of guidelines developed
under paragraph (2) with respect to vulnerabilities
designated under subparagraph (A).
(C) Use and exception.--Each agency shall use a
standard mandated under subparagraph (B) unless the
Chief Information Officer of such agency determines,
with the concurrence of the Director of the National
Institute of Standards and Technology, that the use of
such guideline by such agency would not increase the
security of the information technology covered by such
standard.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the provisions of this Act amounts as
follows:
(1) For the Department of Commerce for the National
Institute of Standards and Technology, $1,000,000 for fiscal
year 2004 to develop the guidelines required by section 4(c).
(2) For each agency, such sums as may be necessary for such
agency for fiscal years 2004 through 2008 to carry out the
provisions of this Act.
(b) Availability.--The amount authorized to be appropriated by
subsection (a)(1) shall remain available until expended.

SEC. 6. EFFECTIVE DATE.

This Act shall take effect 180 days after the date of the enactment
of this Act.
National Cyber Security Leadership Act of 2003 - Requires the Chief Information Officer of each Federal agency to: (1) identify the significant vulnerabilities of the information technology (IT) of such agency; (2) establish performance goals for eliminating such vulnerabilities; (3) procure or develop tools to identify and eliminate those vulnerabilities in order to achieve such performance goals; (4) train personnel in the utilization of those tools; (5) test the agency's IT to determine the extent of its compliance with the performance goals; and (6) develop and implement a plan to eliminate significant vulnerabilities in order to achieve compliance.Requires: (1) each Officer to include information on the agency's activities under this Act in annual reports on the agency's information security program and practices submitted to the Director of the Office of Management and Budget (OMB); and (2) the OMB Director to ensure the review of such reports by the Director of the National Institute of Standards and Technology (NIST); (3) the NIST Director to designate, as the result of such review, any significant IT vulnerabilities of such broad applicability and severity so as to warrant the use of government-wide guidelines the Director shall develop and make available to such Officers for complying with this Act; and (4) the Secretary of Commerce to mandate agency use of such guidelines.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Child Abuse Reform and Enforcement
Act of 2005'' or ''CARE Act of 2005''.

TITLE I--WITHHOLDING AND REDISTRIBUTION OF CERTAIN STATE CHILD
PROTECTION FUNDS

SEC. 101. WITHHOLDING AND REDISTRIBUTION OF STATE FUNDS.

(a) Child Abuse Prevention and Treatment Act.--Beginning 1 year
after the date of the enactment of this Act, the Secretary of Health
and Human Services shall reduce, by 25 percent, the allocation to a
State for a fiscal year under title I of the Child Abuse Prevention and
Treatment Act that does not meet each of the requirements of title II
of this Act.
(b) National Child Protection Act of 1993.--Beginning 1 year after
the date of the enactment of this Act, the Attorney General shall
reduce, by 25 percent, amounts under a grant under section 4(b) of the
National Child Protection Act of 1993 to a State for a fiscal year that
does not meet each of the requirements of title II of this Act.
(c) Redistribution of Funds.--The Attorney General shall, using
funds withheld under this section and amounts appropriated pursuant to
the authorization of appropriations under section 102, provide grants
to States that meet the requirements of title II of this Act. A grant
made under this subsection shall be used--
(1) for the computerization of data and criminal history
files for purposes of title II of this Act;
(2) for the improvement of existing data and computerized
criminal history files for purposes of title II of this Act;
and
(3) to assist the State in the transmittal of data and
criminal records to, or the indexing of data and criminal
history records in, the national data and criminal history
systems for purposes of title II of this Act.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL FUNDING GRANTS
FOR THE IMPROVEMENT OF CHILD ABUSE CRIME INFORMATION.

There are authorized to be appropriated for additional grants under
section 101(c) $50,000,000 for each of the fiscal years 2006 through
2009.

TITLE II--CHILD SEXUAL ABUSE PROTECTION AND SENTENCING REFORM

SEC. 201. REQUIREMENT TO EQUALIZE SENTENCING REQUIREMENTS FOR
INTRAFAMILIAL AND EXTRAFAMILIAL CHILD SEXUAL ABUSE.

(a) State Study of Laws Regarding Intrafamilial and Extrafamilial
Child Sexual Abuse.--A State meets the requirements of this subsection
if, not later than 1 year after the date of enactment of this Act, the
State--
(1) has studied the laws in the State that apply to
intrafamilial and extrafamilial sexual abuse of children; and
(2) has examined, at a minimum--
(A) issues concerning differences in laws
applicable to intrafamilial and extrafamilial child
sexual abuse;
(B) issues concerning disparities in charging and
sentencing perpetrators of child sexual abuse,
resulting from differences in applicable laws; and
(C) issues concerning legislative actions necessary
to equalize charging and sentencing of perpetrators of
sexual abuse without regard to familial relationship of
perpetrator to child victim.
(b) Report to the Attorney General.--A State meets the requirements
of this subsection if the State submits to the Attorney General a
report that contains the results of the study conducted under
subsection (a).
(c) Legislative Actions to Equalize Sentencing Requirements.--
(1) In general.--Except as provided in paragraph (2), a
State meets the requirements of this subsection if, not later
than 1 year after the date of enactment of this Act, the State
has implemented legislative actions necessary to equalize
charging and sentencing of perpetrators of sexual abuse without
regard to familial relationship of perpetrator to child victim.
(2) Exception.--The Attorney General may provide for an
extension of the 1-year time requirement in paragraph (1) for
any State if the Attorney General determines that State
legislation (other than legislation appropriating funds) is
required to meet the additional requirements imposed by this
Act.

SEC. 202. REQUIREMENT TO GATHER INFORMATION ON SEXUAL ABUSE OF
CHILDREN.

A State meets the requirements of this section if the State--
(1) compiles and analyzes data relating to intrafamilial
and extrafamilial sexual abuse of children;
(2) promotes regulations requiring the gathering of such
data by State courts and State agencies for compilation and
analysis purposes;
(3) provides, on an annual basis, to the Attorney General,
the Secretary of Health and Human Services, and the Bureau of
Justice Statistics a report containing the data referred to in
paragraph (1) and a description of the regulations referred to
in paragraph (2).
Child Abuse Reform and Enforcement Act of 2005 - CARE Act of 2005 - Directs the Secretary of Health and Human Services and the Attorney General to reduce by 25 percent certain fiscal year allocations and grant amounts, under the Child Abuse Prevention and Treatment Act and the National Child Protection Act of 1993, respectively, to any state that is not in compliance with requirements of this Act.

Directs the Attorney General to use such withheld amounts and authorized funds under this Act for additional grants to states in compliance to computerize, improve, transmit, and index their own data and criminal history files in the national data and criminal history systems for child sexual abuse protection and sentencing reform.

Requires a state, to be eligible for funding under this Act, to: (1) study its laws pertaining to intrafamilial and extrafamilial sexual abuse of children, and examine issues concerning their differences; (2) examine disparities in charging and sentencing perpetrators of child sexual abuse; (3) examine, and implement, legislative actions necessary to equalize charging and sentencing without regard to familial relationship of perpetrator to child victim; (4) compile, analyze, and report relevant data; and (5) promote regulations requiring its courts and agencies to compile such data.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''First Amendment Defense Act''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Leading legal scholars concur that conflicts between
same-sex marriage and religious liberty are real and should be
legislatively addressed.
(2) As the President stated in response to the decision of
the Supreme Court on the Defense of Marriage Act in 2013,
''Americans hold a wide range of views'' on the issue of same-
sex marriage, and ''maintaining our Nation's commitment to
religious freedom'' is ''vital''.
(3) Nevertheless, in 2015, when asked whether a religious
school could lose its tax-exempt status for opposing same-sex
marriage, the Solicitor General of the United States
represented to the United States Supreme Court that ''[i]t's
certainly going to be an issue''.
(4) Protecting religious freedom from Government intrusion
is a Government interest of the highest order. Legislatively
enacted measures advance this interest by remedying, deterring,
and preventing Government interference with religious exercise
in a way that complements the protections mandated by the First
Amendment to the Constitution of the United States.
(5) Laws that protect the free exercise of religious
beliefs and moral convictions about marriage will encourage
private citizens and institutions to demonstrate tolerance for
those beliefs and convictions and therefore contribute to a
more respectful, diverse, and peaceful society.

SEC. 3. PROTECTION OF THE FREE EXERCISE OF RELIGIOUS BELIEFS AND MORAL
CONVICTIONS.

(a) In General.--Notwithstanding any other provision of law, the
Federal Government shall not take any discriminatory action against a
person, wholly or partially on the basis that such person believes or
acts in accordance with a religious belief or moral conviction that
marriage is or should be recognized as the union of one man and one
woman, or that sexual relations are properly reserved to such a
marriage.
(b) Discriminatory Action Defined.--As used in subsection (a), a
discriminatory action means any action taken by the Federal Government
to--
(1) alter in any way the Federal tax treatment of, or cause
any tax, penalty, or payment to be assessed against, or deny,
delay, or revoke an exemption from taxation under section
501(a) of the Internal Revenue Code of 1986 of, any person
referred to in subsection (a);
(2) disallow a deduction for Federal tax purposes of any
charitable contribution made to or by such person;
(3) withhold, reduce, exclude, terminate, or otherwise deny
any Federal grant, contract, subcontract, cooperative
agreement, loan, license, certification, accreditation,
employment, or other similar position or status from or to such
person;
(4) withhold, reduce, exclude, terminate, or otherwise deny
any benefit under a Federal benefit program from or to such
person; or
(5) otherwise discriminate against such person.
(c) Accreditation; Licensure; Certification.--The Federal
Government shall consider accredited, licensed, or certified for
purposes of Federal law any person that would be accredited, licensed,
or certified, respectively, for such purposes but for a determination
against such person wholly or partially on the basis that the person
believes or acts in accordance with a religious belief or moral
conviction that marriage is or should be recognized as the union of one
man and one woman, or that sexual relations are properly reserved to
such a marriage.

SEC. 4. JUDICIAL RELIEF.

(a) Cause of Action.--A person may assert an actual or threatened
violation of this Act as a claim or defense in a judicial or
administrative proceeding and obtain compensatory damages, injunctive
relief, declaratory relief, or any other appropriate relief against the
Federal Government. Standing to assert a claim or defense under this
section shall be governed by the general rules of standing under
Article III of the Constitution.
(b) Administrative Remedies Not Required.--Notwithstanding any
other provision of law, an action under this section may be commenced,
and relief may be granted, in a United States district court without
regard to whether the person commencing the action has sought or
exhausted available administrative remedies.
(c) Attorneys' Fees.--Section 722(b) of the Revised Statutes (42
U.S.C. 1988(b)) is amended by inserting ''the First Amendment Defense
Act,'' after ''the Religious Land Use and Institutionalized Persons Act
of 2000,''.
(d) Authority of United States To Enforce This Act.--The Attorney
General may bring an action for injunctive or declaratory relief
against an independent establishment described in section 104(1) of
title 5, United States Code, or an officer or employee of that
independent establishment, to enforce compliance with this Act. Nothing
in this subsection shall be construed to deny, impair, or otherwise
affect any right or authority of the Attorney General, the United
States, or any agency, officer, or employee of the United States,
acting under any law other than this subsection, to institute or
intervene in any proceeding.

SEC. 5. RULES OF CONSTRUCTION.

(a) Broad Construction.--This Act shall be construed in favor of a
broad protection of free exercise of religious beliefs and moral
convictions, to the maximum extent permitted by the terms of this Act
and the Constitution.
(b) No Preemption, Repeal, or Narrow Construction.--Nothing in this
Act shall be construed to preempt State law, or repeal Federal law,
that is equally or more protective of free exercise of religious
beliefs and moral convictions. Nothing in this Act shall be construed
to narrow the meaning or application of any State or Federal law
protecting free exercise of religious beliefs and moral convictions.
Nothing in this Act shall be construed to prevent the Federal
Government from providing, either directly or through a person not
seeking protection under this Act, any benefit or service authorized
under Federal law.
(c) Severability.--If any provision of this Act or any application
of such provision to any person or circumstance is held to be
unconstitutional, the remainder of this Act and the application of the
provision to any other person or circumstance shall not be affected.

SEC. 6. DEFINITIONS.

In this Act:
(1) Federal benefit program.--The term ''Federal benefit
program'' has the meaning given that term in section 552a of
title 5, United States Code.
(2) Federal government.--The term ''Federal Government''
includes each authority of any branch of the Government of the
United States.
(3) Person.--The term ''person'' means a person as defined
in section 1 of title 1, United States Code, and includes any
such person regardless of religious affiliation or lack
thereof, and regardless of for-profit or nonprofit status.
First Amendment Defense Act Prohibits the federal government from taking discriminatory action against a person on the basis that such person believes or acts in accordance with a religious belief or moral conviction that: (1) marriage is or should be recognized as the union of one man and one woman, or (2) sexual relations are properly reserved to such a marriage. Defines "discriminatory action" as any federal government action to discriminate against a person with such beliefs or convictions, including a federal government action to: alter the federal tax treatment of, cause any tax, penalty, or payment to be assessed against, or deny, delay, or revoke certain tax exemptions of any such person; disallow a deduction of any charitable contribution made to or by such person; withhold, reduce, exclude, terminate, or otherwise deny any federal grant, contract, subcontract, cooperative agreement, loan, license, certification, accreditation, employment, or similar position or status from or to such person; or withhold, reduce, exclude, terminate, or otherwise deny any benefit under a federal benefit program. Requires the federal government to consider to be accredited, licensed, or certified for purposes of federal law any person who would be accredited, licensed, or certified for such purposes but for a determination that the person believes or acts in accordance with such a religious belief or moral conviction. Permits a person to assert an actual or threatened violation of this Act as a claim or defense in a judicial or administrative proceeding and to obtain compensatory damages or other appropriate relief against the federal government. Authorizes the Attorney General to bring an action to enforce this Act against the Government Accountability Office or an establishment in the executive branch, other than the U.S. Postal Service or the Postal Regulatory Commission, that is not an executive department, military department, or government corporation. Defines "person" as any person regardless of religious affiliation, including corporations and other entities regardless of for-profit or nonprofit status.