“TEXT OF AMENDMENTS” published by the Congressional Record on July 31, 2012

Volume 158, No. 115 covering the 2nd Session of the 112th Congress (2011 - 2012) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Department of Interior was published in the Senate section on pages S5739-S5793 on July 31, 2012.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 2665. Mr. JOHNSON of Wisconsin submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. LIMITATION ON REGULATIONS.

(a) In General.--The head of a Federal agency may not issue regulations, standards, or practices that are applicable to the private sector under this Act or an amendment made by this Act until after the date on which the Comptroller General of the United States submits to Congress a report stating that the information infrastructure of the Federal agency is in compliance with the regulations, standards, or practices.

(b) GAO Review.--Upon request by the head of a Federal agency, the Comptroller General of the United States shall--

(1) review the information infrastructure of the Federal agency to determine whether the information infrastructure is in compliance with proposed regulations, standards, or practices; and

(2) submit to Congress a report regarding the conclusion of the review under paragraph (1).

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SA 2666. Mr. JOHNSON of Wisconsin submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

On page 8, after line 22, insert the following:

SEC. 3. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b)(2), this Act and the amendments made by this Act shall not take effect until 60 days after the date on which the Congressional Budget Office submits to Congress a report regarding the budgetary effects of this Act.

(b) CBO Score.--

(1) Report.--The Congressional Budget Office shall submit to Congress a report regarding the budgetary effects of this Act.

(2) Effective date.--Paragraph (1) shall take effect on the date of enactment of this Act

(c) Public Hearings.--Not later than 60 days after the date on which the Congressional Budget Office submits the report described in subsection (b)(1) to Congress, the head of each agency with responsibility for regulating the security of critical infrastructure under this Act shall hold a public hearing to allow members of the public and industry to comment on the impact of the budgetary effects of this Act.

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SA 2667. Mr. JOHNSON of Wisconsin submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

On page 8, after line 22, insert the following:

SEC. 3. EFFECTIVE DATE.

(a) In General.--Except as provided in subsection (b)(2), this Act and the amendments made by this Act shall not take effect until--

(1) the date on which the Congressional Budget Office submits to Congress a report regarding the budgetary effects of this Act; or

(2) if the report regarding the budgetary effects submitted under subsection (b)(1) determines that the cost of this Act is more than $100,000,000, 60 days after the date on which the determination is published in the Federal Register under subsection (b)(1)(B).

(b) CBO Score.--

(1) Report.--The Congressional Budget Office shall--

(A) submit to Congress a report regarding the budgetary effects of this Act; and

(B) if the report regarding the budgetary effects described in subparagraph (A) determines that the cost of this Act is more than $100,000,000, publish such determination in the Federal Register and allow public comment during the 60-day period beginning on the date on which such determination is published.

(2) Effective date.--Paragraph (1) shall take effect on the date of enactment of this Act.

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SA 2668. Mr. RUBIO (for himself, Mrs. McCaskill, Mr. Toomey, Mr. Barrasso, Ms. Ayotte, Mrs. Shaheen, and Mr. Udall of New Mexico) submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

On page 165, line 21, strike ``of the United States, including'' and all that follows through line 23 and insert the following:of the United States.

(b) Additional Sense of Congress.--

(1) Findings.--Congress finds the following:

(A) Given the importance of the Internet to the global economy, it is essential that the Internet remain stable, secure, and free from government control.

(B) The world deserves the access to knowledge, services, commerce, and communication, the accompanying benefits to economic development, education, and health care, and the informed discussion that is the bedrock of democratic self-government that the Internet provides.

(C) The structure of Internet governance has profound implications for competition and trade, democratization, free expression, and access to information.

(D) Countries have obligations to protect human rights, which are advanced by online activity as well as offline activity.

(E) The ability to innovate, develop technical capacity, grasp economic opportunities, and promote freedom of expression online is best realized in cooperation with all stakeholders.

(F) Proposals have been put forward for consideration at the 2012 World Conference on International Telecommunications that would fundamentally alter the governance and operation of the Internet.

(G) The proposals, in international bodies such as the United Nations General Assembly, the United Nations Commission on Science and Technology for Development, and the International Telecommunication Union, would attempt to justify increased government control over the Internet and would undermine the current multistakeholder model that has enabled the Internet to flourish and under which the private sector, civil society, academia, and individual users play an important role in charting its direction.

(H) The proposals would diminish the freedom of expression on the Internet in favor of government control over content.

(I) The position of the United States Government has been and is to advocate for the flow of information free from government control.

(J) This and past Administrations have made a strong commitment to the multistakeholder model of Internet governance and the promotion of the global benefits of the Internet.

(2) Sense of congress.--It is the sense of Congress that the Secretary of State, in consultation with the Secretary of Commerce, should continue working to implement the position of the United States on Internet governance that clearly articulates the consistent and unequivocal policy of the United States to promote a global Internet free from government control and preserve and advance the successful multistakeholder model that governs the Internet today.

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SA 2669. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

Beginning on page 154, strike line 9 and all that follows through page 156, line 13.

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SA 2670. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

Strike paragraph (10) of section 707(a).

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SA 2671. Mr. RUBIO submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

Beginning on page 124, strike line 7 and all that follows through page 128, line 14.

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SA 2672. Mr. BROWN of Massachusetts submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

On page 115, between lines 8 and 9, insert the following:

``(10) assist the development and demonstration of technologies designed to increase the security and resiliency of the electricity transmission and distribution grid;

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SA 2673. Mr. DeMINT submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. CAPPING AND REDUCING THE BALANCE SHEET OF THE

FEDERAL RESERVE SYSTEM.

(a) In General.--Notwithstanding any other provision of law, no action may be taken by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee on or after the date of enactment of this Act that would result in the total of the factors affecting reserve balances of depository institutions exceeding the balance as of July 27, 2012.

(b) Sense of Congress.--It is the sense of Congress that the Federal Reserve System should expeditiously take substantial steps to reduce the size of its balance sheet to levels below those that prevailed prior to the financial crisis of 2008.

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SA 2674. Mr. DeMINT submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. REPEAL OF DODD-FRANK ACT.

The Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) is repealed, and the provisions of law amended by such Act are revived or restored as if such Act had not been enacted.

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SA 2675. Ms. MURKOWSKI submitted an amendment intended to be proposed to amendment SA 2645 submitted by Mr. Bingaman and intended to be proposed to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

In lieu of the matter proposed to be inserted, insert the following:

SEC. __. EMERGENCY AUTHORITY RELATING TO CYBER SECURITY

THREATS.

Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following:

``SEC. 224. EMERGENCY AUTHORITY RELATING TO CYBER SECURITY

THREATS.

``(a) Definitions.--In this section:

``(1) Critical electric infrastructure.--The term `critical electric infrastructure' means systems and assets, whether physical or virtual, used for the generation, transmission, or distribution of electric energy affecting interstate commerce that, as determined by the Commission or the Secretary (as appropriate), are so vital to the United States that the incapacity or destruction of the systems and assets would have a debilitating impact on national security, national economic security, or national public health or safety.

``(2) Cyber security threat.--The term `cyber security threat' means the imminent danger of an act that disrupts, attempts to disrupt, or poses a significant risk of disrupting the operation of programmable electronic devices or communications networks (including hardware, software, and data) essential to the reliable operation of critical electric infrastructure.

``(3) Secretary.--The term `Secretary' means the Secretary of Energy.

``(b) Emergency Authority of Secretary.--

``(1) In general.--If the Secretary determines that immediate action is necessary to protect critical electric infrastructure from a cyber security threat, the Secretary may require, by order, with or without notice, persons subject to the jurisdiction of the Commission to take such actions as the Secretary determines will best avert or mitigate the cyber security threat.

``(2) Coordination with canada and mexico.--In exercising the authority granted under this subsection, the Secretary is encouraged to consult and coordinate with the appropriate officials in Canada and Mexico responsible for the protection of cyber security of the interconnected North American electricity grid.

``(3) Consultation.--Before exercising the authority granted under this subsection, to the extent practicable, taking into account the nature of the threat and urgency of need for action, the Secretary shall consult with any entity that owns, controls, or operates critical electric infrastructure and with officials at other Federal agencies, as appropriate, regarding implementation of actions that will effectively address the identified cyber security threat.

``(4) Cost recovery.--The Commission shall establish a mechanism that permits public utilities to recover prudently incurred costs required to implement immediate actions ordered by the Secretary under this subsection.

``(c) Duration of Expedited or Emergency Rules or Orders.--Any order issued by the Secretary under subsection (b) shall remain effective for not more than 90 days unless, during the 90 day-period, the Secretary--

``(1) gives interested persons an opportunity to submit written data, views, or arguments; and

``(2) affirms, amends, or repeals the rule or order.''.

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SA 2676. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

Beginning on page 153, strike line 15 and all that follows through page 154, line 8, and insert the following:

SEC. 414. REPORT ON PROTECTING THE ELECTRICAL GRID OF THE

UNITED STATES.

(a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Energy, in consultation with the Federal Energy Regulatory Commission, the Secretary, the Director of National Intelligence, and the electric sector coordinating council shall submit to Congress a report on--

(1) the threat of a cyber attack disrupting the electrical grid of the United States;

(2) the existing standards, alerts, and mitigation strategies in place;

(3) the implications for the national security of the United States if the electrical grid is disrupted;

(4)(A) the interdependency of critical infrastructures; and

(B) the options available to the United States and private sector entities to reconstitute--

(i) as soon as practicable after the disruption, electrical service to provide for the national security of the United States; and

(ii) within a reasonable time frame after the disruption, all electrical service within the United States; and

(5) a plan, building on existing efforts, to prevent disruption of the electric grid of the United States caused by a cyber attack.

(b) Requirements.--In preparing the report under subsection

(a), the Secretary of Energy shall use any existing studies or reports to avoid duplication of effort.

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SA 2677. Mr. WHITEHOUSE (for himself and Ms. Mikulski) submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

On page 166, line 19, strike ``coordinate'' and insert

``collaborate''.

On page 166, line 23, strike ``to develop'' and insert

``on''.

On page 166, beginning on line 24, strike ``cyberspace, cybersecurity, and cybercrime issues'' and insert ``cyber issues''.

On page 167, line 11, after ``State'' insert ``and the Attorney General''.

On page 168, line 15, after ``State'' insert ``and the Attorney General''.

On page 168, line 17, after ``State'' insert ``and the Attorney General''.

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SA 2678. Mr. WHITEHOUSE (for himself and Ms. Mikulski) submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

On page 91, between lines 12 and 13, insert the following:

``(16) Protect.--The term `protect' means the action of securing, defending, or reducing the vulnerabilities of an information system, or otherwise enhancing information security or the resiliency of information systems or assets.

``(17) Protection.--The term `protection' means the actions undertaken to secure, defend, or reduce the vulnerabilities of an information system, or otherwise enhance information security or the resiliency of information systems or assets.

``(18) Respond and response.--The terms `respond' and

`response' in relation to cybersecurity threats, vulnerabilities, or incidents do not include directing cybersecurity threat and incident law enforcement investigations or prosecutions.

On page 95, line 10, strike ``security'' and insert

``protection''.

On page 99, after line 25, insert the following:

``(m) Law Enforcement and Intelligence Authorities.--Nothing in this section shall be construed to alter or amend the law enforcement or intelligence authorities of any Federal agency.

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SA 2679. Mr. WHITEHOUSE (for himself and Ms. Mikulski) submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the end of title IV, add the following:

SEC. 416. REPORT ON FEDERAL LAW ENFORCEMENT CYBERSECURITY AND

CYBERCRIME RESOURCES.

(a) Definitions.--In this section--

(1) the term ``covered law enforcement agency'' means each law enforcement component of--

(A) the Department of Justice; and

(B) the Department of Homeland Security; and

(2) the term ``mission'' means the portion of a cybersecurity mission that encompasses law enforcement and intelligence activities.

(b) Report.--

(1) In general.--The Attorney General shall enter into a contract with the National Research Council, or another federally funded research and development corporation, under which the National Research Council or other corporation shall submit to Congress a report on the current and optimal level and structure of cybersecurity and cybercrime resources of each covered law enforcement agency.

(2) Contents.--The report described in paragraph (1) shall--

(A) identify the elements of the mission of each covered law enforcement agency;

(B) describe the challenges involved in the mission of each covered law enforcement agency, including--

(i) any challenges in cybercrime prosecutions, such as the need for advanced forensics expertise and resources;

(ii) the complexity of relevant Federal laws, State laws, international laws, and treaty obligations of the United States;

(iii) the need to coordinate with members of the intelligence community;

(iv) the need to protect classified or sensitive information while abiding by relevant law regarding the disclosure of exculpatory evidence and other discoverable information to a criminal defendant; and

(v) any other challenges that the report may identify;

(C) identify the current resources brought to bear by each covered law enforcement agency in pursuing the mission of that agency, differentiating between--

(i)(I) personnel who focus exclusively on supporting the mission; and

(II) personnel who hold multiple or competing responsibilities;

(ii)(I) operational personnel; and

(II) personnel who hold primarily management, policy making, or support responsibilities;

(iii)(I) personnel working at headquarters; and

(II) personnel working in the field; and

(iv)(I) personnel with specialized training and duties relating to national cybersecurity; and

(II) personnel with general technical training;

(D) identify areas in which the level and structure of current resources is inadequate for any covered law enforcement agency to perform the mission of that agency;

(E) identify the optimal level of resources that would enable each covered law enforcement agency to perform the mission of that agency most effectively without unnecessary government waste;

(F) identify the optimal structure of the cybersecurity and cybercrime resources of each covered law enforcement agency, considering existing models within--

(i) the Department of Justice, including task forces and strike forces; and

(ii) agencies such as the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and

(G) evaluate the future or developing needs of each covered law enforcement agency, including the resources that the agency will need to perform the mission of that agency in the future.

(3) Timing.--The contract entered into under paragraph (1) shall require that the report described in this subsection be submitted not later than 1 year after the date of enactment of this Act.

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SA 2680. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the end of title VI, insert the following:

SEC. 606. RULE OF CONSTRUCTION.

Nothing in this Act may be construed as authorizing the President to enter the United States into a treaty or binding international agreement on cybersecurity unless such treaty or agreement is approved with the advice and consent of the Senate pursuant to Article II, section 2, clause 2 of the Constitution.

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SA 2681. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

Beginning on page 46, strike line 6 and all that follows through page 57, line 3, and insert the following:

``(4) provide a mechanism to improve and continuously monitor the security of agency information security programs and systems, subject to the protection of the privacy of individual or customer-specific data, through a focus on continuous monitoring of agency information systems and streamlined reporting requirements rather than overly prescriptive manual reporting.

``SEC. 3552. DEFINITIONS.

``(a) In General.--Except as provided under subsection (b), the definitions under section 3502 (including the definitions of the terms `agency' and `information system') shall apply to this subchapter.

``(b) Other Terms.--In this subchapter:

``(1) Adequate security.--The term `adequate security' means security commensurate with the risk and impact resulting from the unauthorized access to or loss, misuse, destruction, or modification of information.

``(2) Continuous monitoring.--The term `continuous monitoring' means the ongoing real time or near real time process used to determine if the complete set of planned, required, and deployed security controls within an agency information system continue to be effective over time in light of rapidly changing information technology and threat development. To the maximum extent possible, subject to the protection of the privacy of individual or customer-specific data, this also requires automation of that process to enable cost effective, efficient, and consistent monitoring and provide a more dynamic view of the security state of those deployed controls.

``(3) Countermeasure.--The term `countermeasure' means automated or manual actions with defensive intent to modify or block data packets associated with electronic or wire communications, Internet traffic, program code, or other system traffic transiting to or from or stored on an information system for the purpose of protecting the information system from cybersecurity threats, conducted on an information system owned or operated by or on behalf of the party to be protected or operated by a private entity acting as a provider of electronic communication services, remote computing services, or cybersecurity services to the party to be protected.

``(4) Incident.--The term `incident' means an occurrence that--

``(A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of agency information or an agency information system; or

``(B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.

``(5) Information security.--The term `information security' means protecting agency information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide--

``(A) integrity, which means guarding against improper information modification or destruction, and includes ensuring nonrepudiation and authenticity;

``(B) confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and

``(C) availability, which means ensuring timely and reliable access to and use of information.

``(6) Information technology.--The term `information technology' has the meaning given that term in section 11101 of title 40.

``(7) National security system.--

``(A) In general.--The term `national security system' means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency--

``(i) the function, operation, or use of which--

``(I) involves intelligence activities;

``(II) involves cryptologic activities related to national security;

``(III) involves command and control of military forces;

``(IV) involves equipment that is an integral part of a weapon or weapons system; or

``(V) subject to subparagraph (B), is critical to the direct fulfillment of military or intelligence missions; or

``(ii) that is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

``(B) Exclusion.--Subparagraph (A)(i)(V) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).

``(8) Secretary.--The term `Secretary' means the Secretary of Homeland Security.

``SEC. 3553. FEDERAL INFORMATION SECURITY AUTHORITY AND

COORDINATION.

``(a) In General.--Except as provided in subsections (f) and (g), the Secretary shall oversee agency information security policies and practices, including the development and oversight of information security policies and directives and compliance with this subchapter.

``(b) Duties.--The Secretary shall--

``(1) develop, issue, and oversee the implementation of information security policies and directives, which shall be compulsory and binding on agencies to the extent determined appropriate by the Secretary, including--

``(A) policies and directives consistent with the standards promulgated under section 11331 of title 40 to identify and provide information security protections that are commensurate with the risk and impact resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of--

``(i) information collected, created, processed, stored, disseminated, or otherwise used or maintained by or on behalf of an agency; or

``(ii) information systems used or operated by an agency or by a contractor of an agency or other organization, such as a State government entity, on behalf of an agency;

``(B) minimum operational requirements for network operations centers and security operations centers of agencies to facilitate the protection of and provide common situational awareness for all agency information and information systems;

``(C) reporting requirements, consistent with relevant law, regarding information security incidents;

``(D) requirements for agencywide information security programs, including continuous monitoring of agency information systems;

``(E) performance requirements and metrics for the security of agency information systems;

``(F) training requirements to ensure that agencies are able to fully and timely comply with directions issued by the Secretary under this subchapter;

``(G) training requirements regarding privacy, civil rights, civil liberties, and information oversight for agency information security employees;

``(H) requirements for the annual reports to the Secretary under section 3554(c); and

``(I) any other information security requirements as determined by the Secretary;

``(2) review agency information security programs required to be developed under section 3554(b);

``(3) develop and conduct targeted risk assessments and operational evaluations for agency information and information systems in consultation with the heads of other agencies or governmental and private entities that own and operate such systems, that may include threat, vulnerability, and impact assessments and penetration testing;

``(4) operate consolidated intrusion detection, prevention, or other protective capabilities and use associated countermeasures for the purpose of protecting agency information and information systems from information security threats;

``(5) in conjunction with other agencies and the private sector, assess and foster the development of information security technologies and capabilities for use across multiple agencies;

``(6) designate an entity to receive reports and information about information security incidents, threats, and vulnerabilities affecting agency information systems;

``(7) provide incident detection, analysis, mitigation, and response information and remote or on-site technical assistance to the heads of agencies;

``(8) coordinate with appropriate agencies and officials to ensure, to the maximum extent feasible, that policies and directives issued under paragraph (1) are complementary with--

``(A) standards and guidelines developed for national security systems; and

``(B) policies and directives issues by the Secretary of Defense, Director of the Central Intelligence Agency, and Director of National Intelligence under subsection (g)(1);

``(9) not later than March 1 of each year, submit to Congress a report on agency compliance with the requirements of this subchapter, which shall include--

``(A) a summary of the incidents described by the reports required in section 3554(c);

``(B) a summary of the results of assessments required by section 3555;

``(C) a summary of the results of evaluations required by section 3556;

``(D) significant deficiencies in agency information security practices as identified in the reports, assessments, and evaluations referred to in subparagraphs (A), (B), and

(C), or otherwise; and

``(E) planned remedial action to address any deficiencies identified under subparagraph (D); and

``(10) with respect to continuous monitoring reporting, allow operators of agency information systems to use processes that will protect the privacy of individual or non-government customer specific data.

``(c) Issuing Policies and Directives.--When issuing policies and directives under subsection (b), the Secretary shall consider any applicable standards or guidelines developed by the National Institute of Standards and Technology and issued by the Secretary of Commerce under section 11331 of title 40. The Secretary shall consult with the Director of the National Institute of Standards and Technology when such policies and directives implement standards or guidelines developed by National Institute of Standards and Technology. To the maximum extent feasible, such standards and guidelines shall be complementary with standards and guidelines developed for national security systems.

``(d) Communications and System Traffic.--

``(1) In general.--Notwithstanding any other provision of law, in carrying out the responsibilities under paragraphs

(3) and (4) of subsection (b), if the Secretary makes a certification described in paragraph (2), the Secretary may acquire, intercept, retain, use, and disclose communications and other system traffic that are transiting to or from or stored on agency information systems and deploy countermeasures with regard to the communications and system traffic, unless the head of an agency determines within a reasonable time, and reports to the President, that such acquisition, interception, retention, use, or disclosure is contrary to the public interest and would seriously undermine important agency goals, activities, or programs.

``(2) Certification.--A certification described in this paragraph is a certification by the Secretary that--

``(A) the acquisitions, interceptions, and countermeasures are reasonably necessary for the purpose of protecting agency information systems from information security threats;

``(B) the content of communications will be collected and retained only when the communication is associated with a known or reasonably suspected information security threat, and communications and system traffic will not be subject to the operation of a countermeasure unless associated with the threats;

``(C) information obtained under activities authorized under this subsection will only be retained, used, or disclosed to protect agency information systems from information security threats, mitigate against such threats, or, with the approval of the Attorney General, for law enforcement purposes when--

``(i) the information is evidence of a cybersecurity crime that has been, is being, or is about to be committed; and

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SA 2682. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. ANNUAL REPORT ON FOREIGN GOVERNMENT SPONSORS OF

ECONOMIC OR INDUSTRIAL ESPIONAGE.

(a) In General.--Subject to subsection (c), not later than 180 days after the date of enactment of this Act, and annually thereafter, the National Counterintelligence Executive shall submit to Congress, the President, the National Security Council, the Secretary of State, the Secretary of Defense, the Secretary of the Treasury, and the Secretary of Commerce--

(1) an unclassified report that contains a list of foreign governments that the National Counterintelligence Executive determines engage in, sponsor, or condone economic or industrial espionage against United States businesses or other persons; and

(2) a classified report that includes--

(A) the report submitted under paragraph (1); and

(B) the information upon which the determinations of the National Counterintelligence Executive under paragraph (1) are based.

(b) Information.--In preparing a report under subsection

(a), the National Counterintelligence Executive shall rely primarily on information available to the United States Government.

(1) Submission of report for review.--Not later than 30 days before the date on which the National Counterintelligence Executive submits a report required under subsection (a), the National Counterintelligence Executive shall submit the report to the Secretary of State.

(2) Feedback.--The Secretary of State may provide feedback to the National Counterintelligence Executive with respect to a report submitted to the Secretary of State under paragraph

(1).

(3) Delay.--Upon the request of the Secretary of State, the National Counterintelligence Executive shall delay the submission of a report under subsection (a) for a period of not more than 60 days.

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SA 2683. Mr. COBURN submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the end of title V, add the following:

SEC. 503. DEPARTMENT OF DEFENSE PROVISION FOR THE COMMON

DEFENSE OF FEDERAL INFORMATION INFRASTRUCTURE

IN FEDERAL CYBER EMERGENCIES.

(a) Authority for President To Direct.--The President shall have the authority to direct the Department of Defense to provide for the common defense of Federal information infrastructure in the event of a Federal cyber emergency.

(b) Federal Cyber Emergency.--For purposes of this section, a Federal cyber emergency is an incident that threatens the viability of Federal information infrastructure necessary for maintaining critical Federal government functions or operations.

(c) Scope.--The authorities exercised by the Department of Defense pursuant to subsection (a) may, as directed by the President under that subsection, including the authorities in section 3553 of title 44, United States Code (as amended by section 201 of this Act).

(d) Duration of Authority.--Any direction of the Department of Defense to provide for the common defense of Federal information infrastructure in the event of a Federal cyber emergency under subsection (a) shall be for such period, not to exceed seven days, as the President shall direct under that subsection.

(e) Notice to Congress.--The President shall notify Congress immediately upon directing the Department of Defense to provide for the common defense of Federal information infrastructure under subsection (a), and shall provide daily updates to Congress thereafter until the authority to provide for such defense expires.

(f) Construction.--Nothing in this section shall be construed to grant the Department of Defense authority, jurisdiction, or control over any non-Federal information infrastructure.

______

SA 2684. Mr. McCONNELL submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE _--REPEAL OF OBAMACARE

SEC. __. REPEAL OF OBAMACARE.

(a) Findings.--Congress finds the following with respect to the impact of Public Law 111-148 and related provisions of Public Law 111-152 (collectively referred to in this section as ``the law''):

(1) President Obama promised the American people that if they liked their current health coverage, they could keep it. But even the Obama Administration admits that tens of millions of Americans are at risk of losing their health care coverage, including as many as 8 in 10 plans offered by small businesses.

(2) Despite projected spending of more than two trillion dollars over the next 10 years, cutting Medicare by more than one-half trillion dollars over that period, and increasing taxes by over $800 billion dollars over that period, the law does not lower health care costs. In fact, the law actually makes coverage more expensive for millions of Americans. The average American family already paid a premium increase of approximately $1,200 in the year following passage of the law. The Congressional Budget Office (CBO) predicts that health insurance premiums for individuals buying private health coverage on their own will increase by $2,100 in 2016 compared to what the premiums would have been in 2016 if the law had not passed.

(3) The law cuts more than one-half trillion dollars in Medicare and uses the funds to create a new entitlement program rather than to protect and strengthen the Medicare program. Actuaries at the Centers for Medicare & Medicaid Services (CMS) warn that the Medicare cuts contained in the law are so drastic that ``providers might end their participation in the program (possibly jeopardizing access to care for beneficiaries)''. CBO cautioned that the Medicare cuts ``might be difficult to sustain over a long period of time''. According to the CMS actuaries, 7.4 million Medicare beneficiaries who would have been enrolled in a Medicare Advantage plan in 2017 will lose access to their plan because the law cuts $206 billion in payments to Medicare Advantage plans. The Trustees of the Medicare Trust Funds predict that the law will result in a substantial decline in employer-sponsored retiree drug coverage, and 90 percent of seniors will no longer have access to retiree drug coverage by 2016 as a result of the law.

(4) The law creates a 15-member, unelected Independent Payment Advisory Board that is empowered to make binding decisions regarding what treatments Medicare will cover and how much Medicare will pay for treatments solely to cut spending, restricting access to health care for seniors.

(5) The law and the more than 13,000 pages of related regulations issued before July 11, 2012, are causing great uncertainty, slowing economic growth, and limiting hiring opportunities for the approximately 13 million Americans searching for work. Imposing higher costs on businesses will lead to lower wages, fewer workers, or both.

(6) The law imposes 21 new or higher taxes on American families and businesses, including 12 taxes on families making less than $250,000 a year.

(7) While President Obama promised that nothing in the law would fund elective abortion, the law expands the role of the Federal Government in funding and facilitating abortion and plans that cover abortion. The law appropriates billions of dollars in new funding without explicitly prohibiting the use of these funds for abortion, and it provides Federal subsidies for health plans covering elective abortions. Moreover, the law effectively forces millions of individuals to personally pay a separate abortion premium in violation of their sincerely held religious, ethical, or moral beliefs.

(8) Until enactment of the law, the Federal Government has not sought to impose specific coverage or care requirements that infringe on the rights of conscience of insurers, purchasers of insurance, plan sponsors, beneficiaries, and other stakeholders, such as individual or institutional health care providers. The law creates a new nationwide requirement for health plans to cover ``essential health benefits'' and ``preventive services'', but does not allow stakeholders to opt out of covering items or services to which they have a religious or moral objection, in violation of the Religious Freedom Restoration Act (Public Law 103-141). By creating new barriers to health insurance and causing the loss of existing insurance arrangements, these inflexible mandates jeopardize the ability of institutions and individuals to exercise their rights of conscience and their ability to freely participate in the health insurance and health care marketplace.

(9) The law expands government control over health care, adds trillions of dollars to existing liabilities, drives costs up even further, and too often put Federal bureaucrats, instead of doctors and patients, in charge of health care decisionmaking.

(10) The path to patient-centered care and lower costs for all Americans must begin with a full repeal of the law.

(b) Repeal.--

(1) PPACA.--Effective as of the enactment of Public Law 111-148, such Act (other than subsection (d) of section 1899A of the Social Security Act, as added and amended by sections 3403 and 10320 of such Public Law) is repealed, and the provisions of law amended or repealed by such Act (other than such subsection (d)) are restored or revived as if such Act had not been enacted.

(2) Health care-related provisions in the health care and education reconciliation act of 2010.--Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), title I and subtitle B of title II of such Act are repealed, and the provisions of law amended or repealed by such title or subtitle, respectively, are restored or revived as if such title and subtitle had not been enacted.

SEC. __. BUDGETARY EFFECTS OF THIS ACT.

The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled

``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.

______

SA 2685. Mrs. GILLIBRAND submitted an amendment intended to be proposed by her to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

On page 110, lines 17 and 18, after ``research laboratories'' insert the following: ``(including the defense laboratories (as defined in section 2199 of title 10, United States Code) and the national laboratories of the Department of Energy)''.

______

SA 2686. Mrs. GILLIBRAND (for herself and Mr. Bennet) submitted an amendment intended to be proposed by her to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the end of title IV, insert the following:

SEC. 416. SENSE OF CONGRESS.

(a) Findings.--Congress finds the following:

(1) A report from the Bipartisan Policy Center's Cyber Security Task Force, published in July 2012, found that--

(A) 50,000 cyber attacks were reported to the Department of Homeland Security between October 2011 and February 2012; and

(B) 86 of the attacks described in subparagraph (A) took place on critical infrastructure networks.

(2) The report of the Commission on Cybersecurity for the 44th President from the Center for Strategic and International Studies (referred to in this subsection as

``CSIS''), published in November 2010, concluded that the United States is facing an imminent crisis in cybersecurity human capital.

(3) The November 2010 CSIS report cited another CSIS report, entitled ``A Human Capital Crisis in Cybersecurity'', which estimated that 1,000 specialists who had the specialized cybersecurity skills needed to defend the United States effectively in cyberspace existed in the United States, but the number of cybersecurity specialists needed that year was between 10,000 and 30,000.

(4) Another report published by CSIS, entitled

``Cybersecurity Two Years Later'', noted that ``there has been slow progress in changing the situation from where we were two years ago''.

(b) Sense of Congress.--It is the sense of Congress that, recognizing that the United States is currently facing a human capital crisis in cybersecurity, the President should--

(1) develop model standards, in coordination with any existing standards, for nonprofit institutions that provide training programs to develop advanced technical proficiency for individuals seeking careers in computer network defense;

(2) emphasize experiential learning and the opportunity to take on significant real-world casework as essential parts of training and development programs for cybersecurity professions;

(3) recognize institutions which develop advanced technical proficiency and provide real-world casework for individuals seeking careers in computer network defense as examples of excellence in specialized cybersecurity training;

(4) employ resources to support nonprofit institutions to expand the cybersecurity human capital capacity of the United States, particularly by supporting or establishing education and training programs which--

(A) demonstrate current and projected caseload of sufficient, important system and network defense activity to provide real-world training opportunities for trainees, with a heavy emphasis on real-life, hands-on, high-level cybersecurity work;

(B) demonstrate practical computer network defense skills and up-to-date cybersecurity experience of the senior staff proposing to lead the education and training programs;

(C) demonstrate access to hands-on training programs in the most up-to-date computer network defense technologies and techniques; and

(D) collaborate with the Federal Government and private sector companies in the United States in such programs; and

(5) establish a program recognizing citizens who have demonstrated outstanding leadership and service as mentors in the field of cybersecurity.

______

SA 2687. Mrs. GILLIBRAND submitted an amendment intended to be proposed by her to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the end of section 301, add the following:

(i) Coordination With Department of Defense and Department of Energy Laboratories.--It is the sense of Congress that to avoid duplication of Federal efforts in developing and executing a national cybersecurity research and development plan, the Director should ensure that coordination with other research initiatives under subsection (e) includes coordination with the defense laboratories (as defined in section 2199 of title 10, United States Code) and the national laboratories of the Department of Energy that are addressing challenges similar to the challenges described in subsection (b).

______

SA 2688. Mr. WYDEN (for himself and Mr. Kirk) submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE VIII--GEOLOCATION INFORMATION

SEC. 801. SHORT TITLES.

This title may be cited as the ``Geolocational Privacy and Surveillance Act'' or the ``GPS Act''.

SEC. 802. PROTECTION OF GEOLOCATION INFORMATION.

(a) In General.--Part 1 of title 18, United States Code, is amended by inserting after chapter 119 the following:

``CHAPTER 120--GEOLOCATION INFORMATION

``Sec.

``2601. Definitions.

``2602. Interception and disclosure of geolocation information.

``2603. Prohibition of use as evidence of acquired geolocation information.

``2604. Emergency situation exception.

``2605. Recovery of civil damages authorized.

``Sec. 2601. Definitions

``In this chapter:

``(1) Covered service.--The term `covered service' means an electronic communication service, a geolocation information service, or a remote computing service.

``(2) Electronic communication service.--The term

`electronic communication service' has the meaning given that term in section 2510.

``(3) Electronic surveillance.--The term `electronic surveillance' has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

``(4) Geolocation information.--The term `geolocation information' means, with respect to a person, any information, that is not the content of a communication, concerning the location of a wireless communication device or tracking device (as that term is defined section 3117) that, in whole or in part, is generated by or derived from the operation of that device and that could be used to determine or infer information regarding the location of the person.

``(5) Geolocation information service.--The term

`geolocation information service' means the provision of a global positioning service or other mapping, locational, or directional information service to the public, or to such class of users as to be effectively available to the public, by or through the operation of any wireless communication device, including any mobile telephone, global positioning system receiving device, mobile computer, or other similar or successor device.

``(6) Intercept.--The term `intercept' means the acquisition of geolocation information through the use of any electronic, mechanical, or other device.

``(7) Investigative or law enforcement officer.--The term

`investigative or law enforcement officer' means any officer of the United States or of a State or political subdivision thereof, who is empowered by law to conduct investigations of, or to make arrests for, offenses enumerated in this chapter, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses.

``(8) Person.--The term `person' means any employee or agent of the United States, or any State or political subdivision thereof, and any individual, partnership, association, joint stock company, trust, or corporation.

``(9) Remote computing service.--The term `remote computing service' has the meaning given that term in section 2711.

``(10) State.--The term `State' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.

``(11) Wireless communication device.--The term `wireless communication device' means any device that enables access to, or use of, an electronic communication system or service or a covered service, if that device utilizes a radio or other wireless connection to access such system or service.

``Sec. 2602. Interception and disclosure of geolocation information

``(a) In General.--

``(1) Prohibition on disclosure or use.--Except as otherwise specifically provided in this chapter, it shall be unlawful for any person to--

``(A) intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, geolocation information pertaining to another person;

``(B) intentionally disclose, or endeavor to disclose, to any other person geolocation information pertaining to another person, knowing or having reason to know that the information was obtained through the interception of such information in violation of this paragraph;

``(C) intentionally use, or endeavor to use, any geolocation information, knowing or having reason to know that the information was obtained through the interception of such information in violation of this paragraph; or

``(D)(i) intentionally disclose, or endeavor to disclose, to any other person the geolocation information pertaining to another person intercepted by means authorized by subsections

(b) through (h), except as provided in such subsections;

``(ii) knowing or having reason to know that the information was obtained through the interception of such information in connection with a criminal investigation;

``(iii) having obtained or received the information in connection with a criminal investigation; and

``(iv) with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation.

``(2) Penalty.--Any person who violates paragraph (1) shall be fined under this title, imprisoned not more than five years, or both.

``(b) Exception for Information Acquired in the Normal Course of Business.--It shall not be unlawful under this chapter for an officer, employee, or agent of a provider of a covered service, whose facilities are used in the transmission of geolocation information, to intercept, disclose, or use that information in the normal course of the officer, employee, or agent's employment while engaged in any activity which is a necessary incident to the rendition of service or to the protection of the rights or property of the provider of that service, except that a provider of a geolocation information service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks.

``(c) Exception for Conducting Foreign Intelligence Surveillance.--Notwithstanding any other provision of this chapter, it shall not be unlawful for an officer, employee, or agent of the United States in the normal course of the official duty of the officer, employee, or agent to conduct electronic surveillance, as authorized by the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

``(d) Exception for Consent.--

``(1) In general.--It shall not be unlawful under this chapter for a person to intercept geolocation information pertaining to another person if such other person has given prior consent to such interception unless such information is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.

``(2) Children.--The exception in paragraph (1) permits a parent or legal guardian of a child to intercept geolocation information pertaining to that child or to give consent for another person to intercept such information.

``(e) Exception for Public Information.--It shall not be unlawful under this chapter for any person to intercept or access geolocation information relating to another person through any system that is configured so that such information is readily accessible to the general public.

``(f) Exception for Emergency Information.--It shall not be unlawful under this chapter for any investigative or law enforcement officer or other emergency responder to intercept or access geolocation information relating to a person if such information is used--

``(1) to respond to a request made by such person for assistance; or

``(2) in circumstances in which it is reasonable to believe that the life or safety of the person is threatened, to assist the person.

``(g) Exception for Theft or Fraud.--It shall not be unlawful under this chapter for a person acting under color of law to intercept geolocation information pertaining to the location of another person who has unlawfully taken the device sending the geolocation information if--

``(1) the owner or operator of such device authorizes the interception of the person's geolocation information;

``(2) the person acting under color of law is lawfully engaged in an investigation; and

``(3) the person acting under color of law has reasonable grounds to believe that the geolocation information of the other person will be relevant to the investigation.

``(h) Exception for Warrant.--

``(1) Definitions.--In this subsection:

``(A) Court of competent jurisdiction.--The term `court of competent jurisdiction' includes--

``(i) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that--

``(I) has jurisdiction over the offense being investigated;

``(II) is in or for a district in which the provider of a geolocation information service is located or in which the geolocation information is stored; or

``(III) is acting on a request for foreign assistance pursuant to section 3512; or

``(ii) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants.

``(B) Governmental entity.--The term `governmental entity' means a department or agency of the United States or any State or political subdivision thereof.

``(2) Warrant.--A governmental entity may intercept geolocation information or require the disclosure by a provider of a covered service of geolocation information only pursuant to a warrant issued using the procedures described in the Federal Rules of Criminal Procedure (or, in the case of a State court, issued using State warrant procedures) by a court of competent jurisdiction, or as otherwise provided in this chapter or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

``(i) Prohibition on Divulging Geolocation Information.--

``(1) In general.--Except as provided in paragraph (2), a person providing a covered service shall not intentionally divulge geolocation information pertaining to another person.

``(2) Exceptions.--A person providing a covered service may divulge geolocation information--

``(A) as otherwise authorized in subsections (b) through

(h);

``(B) with the lawful consent of such other person;

``(C) to another person employed or authorized, or whose facilities are used, to forward such geolocation information to its destination; or

``(D) which was inadvertently obtained by the provider of the covered service and which appears to pertain to the commission of a crime, if such divulgence is made to a law enforcement agency.

``Sec. 2603. Prohibition of use as evidence of acquired geolocation information

``Whenever any geolocation information has been acquired, no part of such information and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the disclosure of that information would be in violation of this chapter.

``Sec. 2604. Emergency situation exception

``(a) Emergency Situation Exception.--Notwithstanding any other provision of this chapter, any investigative or law enforcement officer, specially designated by the Attorney General, the Deputy Attorney General, the Associate Attorney General, or by the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, may intercept geolocation information if--

``(1) such officer reasonably determines that an emergency situation exists that--

``(A) involves--

``(i) immediate danger of death or serious physical injury to any person;

``(ii) conspiratorial activities threatening the national security interest; or

``(iii) conspiratorial activities characteristic of organized crime; and

``(B) requires geolocation information be intercepted before an order authorizing such interception can, with due diligence, be obtained;

``(2) there are grounds upon which an order could be entered to authorize such interception; and

``(3) an application for an order approving such interception is made within 48 hours after the interception has occurred or begins to occur.

``(b) Failure To Obtain Court Order.--

``(1) Termination of acquisition.--In the absence of an order, an interception of geolocation information carried out under subsection (a) shall immediately terminate when the information sought is obtained or when the application for the order is denied, whichever is earlier.

``(2) Prohibition on use as evidence.--In the event such application for approval is denied, the geolocation information shall be treated as having been obtained in violation of this chapter and an inventory shall be served on the person named in the application.

``Sec. 2605. Recovery of civil damages authorized

``(a) In General.--Any person whose geolocation information is intercepted, disclosed, or intentionally used in violation of this chapter may in a civil action recover from the person, other than the United States, which engaged in that violation such relief as may be appropriate.

``(b) Relief.--In an action under this section, appropriate relief includes--

``(1) such preliminary and other equitable or declaratory relief as may be appropriate;

``(2) damages under subsection (c) and punitive damages in appropriate cases; and

``(3) a reasonable attorney's fee and other litigation costs reasonably incurred.

``(c) Computation of Damages.--The court may assess as damages under this section whichever is the greater of--

``(1) the sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation; or

``(2) statutory damages of whichever is the greater of $100 a day for each day of violation or $10,000.

``(d) Defense.--It is a complete defense against any civil or criminal action brought against an individual for conduct in violation of this chapter if such individual acted in a good faith reliance on--

``(1) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization;

``(2) a request of an investigative or law enforcement officer under section 2604; or

``(3) a good-faith determination that an exception under section 2602 permitted the conduct complained of.

``(e) Limitation.--A civil action under this section may not be commenced later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation.

``(f) Administrative Discipline.--If a court or appropriate department or agency determines that the United States or any of its departments or agencies has violated any provision of this chapter, and the court or appropriate department or agency finds that the circumstances surrounding the violation raise serious questions about whether or not an officer or employee of the United States acted willfully or intentionally with respect to the violation, the department or agency shall, upon receipt of a true and correct copy of the decision and findings of the court or appropriate department or agency promptly initiate a proceeding to determine whether disciplinary action against the officer or employee is warranted. If the head of the department or agency involved determines that disciplinary action is not warranted, such head shall notify the Inspector General with jurisdiction over the department or agency concerned and shall provide the Inspector General with the reasons for such determination.

``(g) Improper Disclosure Is Violation.--Any willful disclosure or use by an investigative or law enforcement officer or governmental entity of information beyond the extent permitted by this chapter is a violation of this chapter for purposes of this section.

``(h) Construction.--Nothing in this section may be construed to establish a new cause of action against any electronic communication service provider, remote computing service provider, geolocation service provider, or law enforcement or investigative officer, or eliminate or affect any cause of action that exists under section 2520, section 2707, or any other provision of law.''.

(b) Clerical Amendment.--The table of chapters for part 1 of title 18, United States Code, is amended by inserting after the item relating to chapter 119 the following:

``120. Geolocation information..............................2601''.....

(1) in paragraph (2)--

(A) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and

(B) by inserting after subparagraph (A) the following:

``(B) a warrant or order for geolocation information or records related thereto, as provided under section 2602 of this title;''.

SEC. 803. REQUIREMENT FOR SEARCH WARRANTS TO ACQUIRE

GEOLOCATION INFORMATION.

Rule 41(a) of the Federal Rules of Criminal Procedure is amended--

(1) in paragraph (2)(A), by striking the period at the end and inserting a comma and ``including geolocation information.''; and

(2) by adding at the end the following:

``(F) `Geolocation information' has the meaning given that term in section 2601 of title 18, United States Code.''.

SEC. 804. FRAUD AND RELATED ACTIVITY IN CONNECTION WITH

OBTAINING GEOLOCATION INFORMATION.

(a) Criminal Violation.--Section 1039(h) of title 18, United States Code, is amended--

(1) in paragraph (2)--

(A) in subparagraph (A), by striking ``and'' at the end;

(B) in subparagraph (B), by striking the period at the end and inserting a semicolon and ``and''; and

``(C) includes any geolocation information service.'';

(2) by redesignating paragraph (4) as paragraph (5); and

(3) by inserting after paragraph (3) the following:

``(4) Geolocation information service.--The term

`geolocation information service' has the meaning given that term in section 2601.''.

(b) Conforming Amendments.--

(1) Definition amendments.--Section 1039(h)(1) of title 18, United States Code, is amended--

(A) in the paragraph heading, by inserting ``or gps'' after

``phone''; and

(B) in the matter preceding subparagraph (A), by inserting

``or GPS'' after ``phone''.

(2) Conforming amendments.--Section 1039 of title 18, United States Code, is amended--

(A) in the section heading by inserting ``or GPS'' after

``phone'';

(B) in subsection (a)--

(i) in the matter preceding paragraph (1), by inserting

``or GPS'' after ``phone''; and

(ii) in paragraph (4), by inserting ``or GPS'' after

``phone'';

(i) in the subsection heading, by inserting ``or GPS'' after ``phone'';

(ii) in paragraph (1), by inserting ``or GPS'' after

``phone'' both places that term appears; and

(iii) in paragraph (2), by inserting ``or GPS'' after

``phone''; and

(D) in subsection (c)--

(i) in the subsection heading, by inserting ``or GPS'' after ``phone'';

(ii) in paragraph (1), by inserting ``or GPS'' after

``phone'' both places that term appears; and

(iii) in paragraph (2), by inserting ``or GPS'' after

``phone''.

(3) Chapter analysis.--The table of sections for chapter 47 of title 18, United States Code, is amended by striking the item relating to section 1039 and inserting the following:

``1039. Fraud and related activity in connection with obtaining confidential phone or GPS records information of a covered entity.''.

(1) Review and amendment.--Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section 1039 of title 18, United States Code, as amended by this section.

(2) Authorization.--The United States Sentencing Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired.

SEC. 805. STATEMENT OF EXCLUSIVE MEANS OF ACQUIRING

GEOLOCATION INFORMATION.

(a) In General.--No person may acquire the geolocation information of a person for protective activities or law enforcement or intelligence purposes except pursuant to a warrant issued pursuant to rule 41 of the Federal Rules of Criminal Procedure, as amended by section 803, or the amendments made by this Act, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

(b) Geolocation Information Defined.--In this section, the term ``geolocation information'' has the meaning given that term in section 2601 of title 18, United States Code, as amended by section 802.

______

SA 2689. Mr. BENNET (for himself and Mr. Coburn) submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE VIII--FEDERAL DATA CENTER CONSOLIDATION INITIATIVE

SEC. 801. DEFINITIONS.

In this title:

(1) Administrator.--The term ``Administrator'' means the Administrator for the Office of E-Government and Information Technology within the Office of Management and Budget.

(2) Chief information officers council.--The term ``Chief Information Officers Council'' means the Chief Information Officers Council established under section 3603 of title 44, United States Code.

(3) Data center.--

(A) Definition.--The term ``data center'' means a closet, room, floor, or building for the storage, management, and dissemination of data and information, as defined by the Administrator in the ``Implementation Guidance for the Federal Data Center Consolidation Initiative'' memorandum, issued on March 19, 2012.

(B) Authority to modify definition.--The Administrator may promulgate guidance or other clarifications to modify the definition in subparagraph (A) in a manner consistent with this Act, as the Administrator determines necessary.

SEC. 802. FEDERAL DATA CENTER CONSOLIDATION INVENTORIES AND

PLANS.

(a) Required Submissions.--

(1) In general.--

(A) Annual reports.--Each year, beginning in fiscal year 2013 through the end of fiscal year 2017, the head of each agency that is described in paragraph (2), assisted by the chief information officer of the agency, shall submit to the Administrator--

(i) by June 30th of each year, a comprehensive asset inventory of the data centers owned, operated, or maintained by or on behalf of the agency, even if the center is administered by a third party; and

(ii) by September 30th of each year, an updated consolidation plan that includes--

(I) a technical roadmap and approach for achieving the agency's targets for infrastructure utilization, energy efficiency, cost savings and efficiency;

(II) a detailed timeline for implementation of the data center consolidation plan;

(III) quantitative utilization and efficiency goals for reducing assets and improving use of information technology infrastructure;

(IV) performance metrics by which the progress of the agency toward data center consolidation goals can be measured, including metrics to track any gains in energy utilization as a result of this initiative;

(V) an aggregation of year-by-year investment and cost savings calculations for 5 years past the date of submission of the cost saving assessment, including a description of any initial costs for data center consolidation;

(VI) quantitative progress towards previously stated goals including cost savings and increases in operational efficiencies and utilization; and

(VII) any additional information required by the Administrator.

(B) Certification.--Each year, beginning in fiscal year 2013 through the end of fiscal year 2017, the head of an agency, acting through the chief information officer of the agency, shall submit a statement to the Administrator certifying that the agency has complied with the requirements of this section.

(i) In general.--The Inspector General for each agency described in paragraph (2) shall release a public report not later than 6 months after the date on which the agency releases the first updated asset inventory in fiscal year 2013 under subparagraph (A)(i), which shall evaluate the completeness of the inventory of the agency; and

(ii) Agency response.--The head of each agency shall respond to the report completed by the Inspector General for the agency under clause (i), and complete any inventory identified by the Inspector General for the agency as incomplete, by the time the agency submits the required inventory update for fiscal year 2014.

(D) Responsibility of the administrator.--The Administrator shall ensure that each certification submitted under subparagraph (B) and each agency consolidation plan submitted under subparagraph (A)(ii), is made available in a timely fashion to the general public.

(2) Agencies described.--The agencies (including all associated components of the agency) described in this paragraph are the--

(A) Department of Agriculture;

(B) Department of Commerce;

(D) Department of Education;

(E) Department of Energy;

(F) Department of Health and Human Services;

(G) Department of Homeland Security;

(H) Department of Housing and Urban Development;

(I) Department of the Interior;

(J) Department of Justice;

(K) Department of Labor;

(L) Department of State;

(M) Department of Transportation;

(N) Department of Treasury;

(O) Department of Veterans Affairs;

(P) Environmental Protection Agency;

(Q) General Services Administration;

(R) National Aeronautics and Space Administration;

(S) National Science Foundation;

(T) Nuclear Regulatory Commission;

(U) Office of Personnel Management;

(V) Small Business Administration;

(W) Social Security Administration; and

(X) United States Agency for International Development.

(3) Agency implementation of consolidation plans.--Each agency described in paragraph (2), under the direction of the chief information officer of the agency, shall--

(A) implement the consolidation plan required under paragraph (1)(A)(ii); and

(B) provide to the Administrator annual updates on implementation and cost savings realized through such consolidation plan.

(b) Administrator Review.--The Administrator shall--

(1) review the plans submitted under subsection (a) to determine whether each plan is comprehensive and complete;

(2) monitor the implementation of the data center consolidation plan of each agency described in subsection

(a)(2); and

(3) update the cumulative cost savings projection on an annual basis as the savings are realized through the implementation of the agency plans.

(1) In general.--Not later than 180 days after the date of enactment of this Act, or by September 30th of fiscal year 2013, whichever is later, the Administrator shall develop and publish a goal for the total amount of planned cost savings by the Federal Government through the Federal Data Center Consolidation Initiative during the 5-year period beginning on the date of enactment of this Act, which shall include a breakdown on a year-by-year basis of the projected savings.

(2) Annual update.--

(A) In general.--Not later than 1 year after the date on which the goal described in paragraph (1) is determined and each year thereafter until the end of 2017, the Administrator shall publish a report on the actual savings achieved through the Federal Data Center Consolidation Initiative as compared to the projected savings developed under paragraph (1) (based on data collected from each affected agency under subsection

(a)(1)).

(B) Update for congress.--The report required under subparagraph (A) shall be submitted to Congress and shall include an update on the progress made by each agency described in subsection (a)(2) on--

(i) whether each agency has in fact submitted a comprehensive asset inventory;

(ii) whether each agency has submitted a comprehensive consolidation plan with the key elements described in

(a)(1)(A)(ii); and

(iii) the progress, if any, of each agency on implementing the consolidation plan of the agency.

(d) GAO Review.--The Comptroller General of the United States shall, on an annual basis, publish a report on--

(1) the quality and completeness of each agency's asset inventory and consolidation plans required under subsection

(a)(1)(A);

(2) each agency's progress on implementation of the consolidation plans submitted under subsection (a)(1)(A);

(3) overall planned and actual cost savings realized through implementation of the consolidation plans submitted under subsection (a)(1)(A);

(4) any steps that the Administrator could take to improve implementation of the data center consolidation initiative; and

(5) any matters for Congressional consideration in order to improve or accelerate the implementation of the data center consolidation initiative.

(e) Response to GAO.--

(1) In general.--If a report required under subsection (d) identifies any deficiencies or delays in any of the elements described in paragraphs (1) through (5) of subsection (d) for an agency, the head of the agency shall respond in writing to the Comptroller General of the United State, not later than 90 days after the date on which the report is published under subsection (d), with a detailed explanation of how the agency will address the deficiency.

(2) Additional requirements.--If the Comptroller General identifies an agency that has repeatedly lagged in implementing the data center consolidation initiative, the Comptroller General may require that the head of the agency submit a statement explaining--

(A) why the agency is having difficulty implementing the initiative; and

(B) what structural or personnel changes are needed within the agency to address the problem.

SEC. 803. ENSURING CYBERSECURITY STANDARDS FOR DATA CENTER

CONSOLIDATION AND CLOUD COMPUTING.

An agency required to implement a data center consolidation plan under this title and migrate to cloud computing shall do so in a manner that is consistent with Federal guidelines on cloud computing security, including--

(1) applicable provisions found within the Federal Risk and Authorization Management Program of the General Service Administration; and

(2) guidance published by the National Institute of Standards and Technology.

SEC. 804. CLASSIFIED INFORMATION.

The Director of National Intelligence may waive the requirements of this title for any element (or component of an element) of the intelligence community.

SEC. 805. SUNSET.

This title is repealed effective on October 1, 2017.

______

SA 2690. Ms. MURKOWSKI submitted an amendment intended to be proposed by her to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the end of section 104, add the following:

(d) Application of Benefits of Cybersecurity Program to Entities Subject to Mandatory Requirements.--

(1) In general.--Subject to paragraphs (2) through (4), any entity subject to the jurisdiction of the Federal Energy Regulatory Commission under section 215 of the Federal Power Act (16 U.S.C. 824o) or to any facility subject to cybersecurity measures required by the Nuclear Regulatory Commission under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) shall be entitled to the benefits of certification provided under subsection (c) (other than subsection (c)(1)).

(2) Eligibility.--To be eligible for the benefits of certification described in paragraph (1), an entity or facility shall demonstrate to the Secretary of Energy that it is an entity or facility described in paragraph (1).

(3) Certified owner or operator.--If the Secretary of Energy determines that an entity or facility is an entity or facility described in paragraph (1), the entity or facility shall be considered a certified owner or operator under this section (other than subsection (c)(1)).

(4) Effect on other laws.--Nothing in this subsection limits the applicability of any exemption from or limitation of liability or damages that a certified owner may have under any other Federal or State law (including regulations).

(e) Federal Energy Laws.--Except as provided in subsection

(d), nothing in this Act authorizes the imposition or modification of requirements relating to--

(1)(A) the bulk-power system;

(B) the promulgation or enforcement of reliability standards for the bulk power system (including for cybersecurity protection) by the certified Electric Reliability Organization; or

(C) the approval or enforcement of the standards by the Federal Energy Regulatory Commission under section 215 of the Federal Power Act (16 U.S.C. 824o); or

(2) nuclear facilities subject to cybersecurity measures required by the Nuclear Regulatory Commission under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).

______

SA 2691. Mrs. HUTCHISON submitted an amendment intended to be proposed by her to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

Strike title I.

______

SA 2692. Mrs. HUTCHISON (for herself, Mr. McCain, Mr. Chambliss, Mr. Grassley, Ms. Murkowski, Mr. Coats, Mr. Burr, and Mr. Johnson of Wisconsin) submitted an amendment intended to be proposed by her to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

Beginning on page 1, strike line 4 and all that follows and insert the following:

(a) Short Title.--This Act may be cited as the

``Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2012'' or ``SECURE IT''.

(b) Table of Contents.--The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--FACILITATING SHARING OF CYBER THREAT INFORMATION

Sec. 101. Definitions.

Sec. 102. Authorization to share cyber threat information.

Sec. 103. Information sharing by the Federal government.

Sec. 104. Construction.

Sec. 105. Report on implementation.

Sec. 106. Inspector General review.

Sec. 107. Technical amendments.

Sec. 108. Access to classified information.

TITLE II--COORDINATION OF FEDERAL INFORMATION SECURITY POLICY

Sec. 201. Coordination of Federal information security policy.

Sec. 202. Management of information technology.

Sec. 203. No new funding.

Sec. 204. Technical and conforming amendments.

Sec. 205. Clarification of authorities.

TITLE III--CRIMINAL PENALTIES

Sec. 301. Penalties for fraud and related activity in connection with computers.

Sec. 302. Trafficking in passwords.

Sec. 303. Conspiracy and attempted computer fraud offenses.

Sec. 304. Criminal and civil forfeiture for fraud and related activity in connection with computers.

Sec. 305. Damage to critical infrastructure computers.

Sec. 306. Limitation on actions involving unauthorized use.

Sec. 307. No new funding.

TITLE IV--CYBERSECURITY RESEARCH AND DEVELOPMENT

Sec. 401. National High-Performance Computing Program planning and coordination.

Sec. 402. Research in areas of national importance.

Sec. 403. Program improvements.

Sec. 404. Improving education of networking and information technology, including high performance computing.

Sec. 405. Conforming and technical amendments to the High-Performance

Computing Act of 1991.

Sec. 406. Federal cyber scholarship-for-service program.

Sec. 407. Study and analysis of certification and training of information infrastructure professionals.

Sec. 408. International cybersecurity technical standards.

Sec. 409. Identity management research and development.

Sec. 410. Federal cybersecurity research and development.

TITLE I--FACILITATING SHARING OF CYBER THREAT INFORMATION

SEC. 101. DEFINITIONS.

In this title:

(1) Agency.--The term ``agency'' has the meaning given the term in section 3502 of title 44, United States Code.

(2) Antitrust laws.--The term ``antitrust laws''--

(A) has the meaning given the term in section 1(a) of the Clayton Act (15 U.S.C. 12(a));

(B) includes section 5 of the Federal Trade Commission Act

(15 U.S.C. 45) to the extent that section 5 of that Act applies to unfair methods of competition; and

(3) Countermeasure.--The term ``countermeasure'' means an automated or a manual action with defensive intent to mitigate cyber threats.

(4) Cyber threat information.--The term ``cyber threat information'' means information that indicates or describes--

(A) a technical or operation vulnerability or a cyber threat mitigation measure;

(B) an action or operation to mitigate a cyber threat;

(C) malicious reconnaissance, including anomalous patterns of network activity that appear to be transmitted for the purpose of gathering technical information related to a cybersecurity threat;

(D) a method of defeating a technical control;

(E) a method of defeating an operational control;

(F) network activity or protocols known to be associated with a malicious cyber actor or that signify malicious cyber intent;

(G) a method of causing a user with legitimate access to an information system or information that is stored on, processed by, or transiting an information system to inadvertently enable the defeat of a technical or operational control;

(H) any other attribute of a cybersecurity threat or cyber defense information that would foster situational awareness of the United States cybersecurity posture, if disclosure of such attribute or information is not otherwise prohibited by law;

(I) the actual or potential harm caused by a cyber incident, including information exfiltrated when it is necessary in order to identify or describe a cybersecurity threat; or

(J) any combination of subparagraphs (A) through (I).

(5) Cybersecurity center.--The term ``cybersecurity center'' means the Department of Defense Cyber Crime Center, the Intelligence Community Incident Response Center, the United States Cyber Command Joint Operations Center, the National Cyber Investigative Joint Task Force, the National Security Agency/Central Security Service Threat Operations Center, the National Cybersecurity and Communications Integration Center, and any successor center.

(6) Cybersecurity system.--The term ``cybersecurity system'' means a system designed or employed to ensure the integrity, confidentiality, or availability of, or to safeguard, a system or network, including measures intended to protect a system or network from--

(A) efforts to degrade, disrupt, or destroy such system or network; or

(B) theft or misappropriations of private or government information, intellectual property, or personally identifiable information.

(7) Entity.--

(A) In general.--The term ``entity'' means any private entity, non-Federal government agency or department, or State, tribal, or local government agency or department

(including an officer, employee, or agent thereof).

(B) Inclusions.--The term ``entity'' includes a government agency or department (including an officer, employee, or agent thereof) of the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States.

(8) Federal information system.--The term ``Federal information system'' means an information system of a Federal department or agency used or operated by an executive agency, by a contractor of an executive agency, or by another organization on behalf of an executive agency.

(9) Information security.--The term ``information security'' means protecting information and information systems from disruption or unauthorized access, use, disclosure, modification, or destruction in order to provide--

(A) integrity, by guarding against improper information modification or destruction, including by ensuring information nonrepudiation and authenticity;

(B) confidentiality, by preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; or

(10) Information system.--The term ``information system'' has the meaning given the term in section 3502 of title 44, United States Code.

(11) Local government.--The term ``local government'' means any borough, city, county, parish, town, township, village, or other general purpose political subdivision of a State.

(12) Malicious reconnaissance.--The term ``malicious reconnaissance'' means a method for actively probing or passively monitoring an information system for the purpose of discerning technical vulnerabilities of the information system, if such method is associated with a known or suspected cybersecurity threat.

(13) Operational control.--The term ``operational control'' means a security control for an information system that primarily is implemented and executed by people.

(14) Operational vulnerability.--The term ``operational vulnerability'' means any attribute of policy, process, or procedure that could enable or facilitate the defeat of an operational control.

(15) Private entity.--The term ``private entity'' means any individual or any private group, organization, or corporation, including an officer, employee, or agent thereof.

(16) Significant cyber incident.--The term ``significant cyber incident'' means a cyber incident resulting in, or an attempted cyber incident that, if successful, would have resulted in--

(A) the exfiltration from a Federal information system of data that is essential to the operation of the Federal information system; or

(B) an incident in which an operational or technical control essential to the security or operation of a Federal information system was defeated.

(17) Technical control.--The term ``technical control'' means a hardware or software restriction on, or audit of, access or use of an information system or information that is stored on, processed by, or transiting an information system that is intended to ensure the confidentiality, integrity, or availability of that system.

(18) Technical vulnerability.--The term ``technical vulnerability'' means any attribute of hardware or software that could enable or facilitate the defeat of a technical control.

(19) Tribal.--The term ``tribal'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

SEC. 102. AUTHORIZATION TO SHARE CYBER THREAT INFORMATION.

(a) Voluntary Disclosure.--

(1) Private entities.--Notwithstanding any other provision of law, a private entity may, for the purpose of preventing, investigating, or otherwise mitigating threats to information security, on its own networks, or as authorized by another entity, on such entity's networks, employ countermeasures and use cybersecurity systems in order to obtain, identify, or otherwise possess cyber threat information.

(2) Entities.--Notwithstanding any other provision of law, an entity may disclose cyber threat information to--

(A) a cybersecurity center; or

(B) any other entity in order to assist with preventing, investigating, or otherwise mitigating threats to information security.

(3) Information security providers.--If the cyber threat information described in paragraph (1) is obtained, identified, or otherwise possessed in the course of providing information security products or services under contract to another entity, that entity shall be given, at any time prior to disclosure of such information, a reasonable opportunity to authorize or prevent such disclosure, to request anonymization of such information, or to request that reasonable efforts be made to safeguard such information that identifies specific persons from unauthorized access or disclosure.

(b) Significant Cyber Incidents Involving Federal Information Systems.--

(1) In general.--An entity providing electronic communication services, remote computing services, or information security services to a Federal department or agency shall inform the Federal department or agency of a significant cyber incident involving the Federal information system of that Federal department or agency that--

(A) is directly known to the entity as a result of providing such services;

(B) is directly related to the provision of such services by the entity; and

(C) as determined by the entity, has impeded or will impede the performance of a critical mission of the Federal department or agency.

(2) Advance coordination.--A Federal department or agency receiving the services described in paragraph (1) shall coordinate in advance with an entity described in paragraph

(1) to develop the parameters of any information that may be provided under paragraph (1), including clarification of the type of significant cyber incident that will impede the performance of a critical mission of the Federal department or agency.

(3) Report.--A Federal department or agency shall report information provided under this subsection to a cybersecurity center.

(4) Construction.--Any information provided to a cybersecurity center under paragraph (3) shall be treated in the same manner as information provided to a cybersecurity center under subsection (a).

(c) Information Shared With or Provided to a Cybersecurity Center.--Cyber threat information provided to a cybersecurity center under this section--

(1) may be disclosed to, retained by, and used by, consistent with otherwise applicable Federal law, any Federal agency or department, component, officer, employee, or agent of the Federal government for a cybersecurity purpose, a national security purpose, or in order to prevent, investigate, or prosecute any of the offenses listed in section 2516 of title 18, United States Code, and such information shall not be disclosed to, retained by, or used by any Federal agency or department for any use not permitted under this paragraph;

(2) may, with the prior written consent of the entity submitting such information, be disclosed to and used by a State, tribal, or local government or government agency for the purpose of protecting information systems, or in furtherance of preventing, investigating, or prosecuting a criminal act, except that if the need for immediate disclosure prevents obtaining written consent, such consent may be provided orally with subsequent documentation of such consent;

(3) shall be considered the commercial, financial, or proprietary information of the entity providing such information to the Federal government and any disclosure outside the Federal government may only be made upon the prior written consent by such entity and shall not constitute a waiver of any applicable privilege or protection provided by law, except that if the need for immediate disclosure prevents obtaining written consent, such consent may be provided orally with subsequent documentation of such consent;

(4) shall be deemed voluntarily shared information and exempt from disclosure under section 552 of title 5, United States Code, and any State, tribal, or local law requiring disclosure of information or records;

(5) shall be, without discretion, withheld from the public under section 552(b)(3)(B) of title 5, United States Code, and any State, tribal, or local law requiring disclosure of information or records;

(6) shall not be subject to the rules of any Federal agency or department or any judicial doctrine regarding ex parte communications with a decision-making official;

(7) shall not, if subsequently provided to a State, tribal, or local government or government agency, otherwise be disclosed or distributed to any entity by such State, tribal, or local government or government agency without the prior written consent of the entity submitting such information, notwithstanding any State, tribal, or local law requiring disclosure of information or records, except that if the need for immediate disclosure prevents obtaining written consent, such consent may be provided orally with subsequent documentation of such consent; and

(8) shall not be directly used by any Federal, State, tribal, or local department or agency to regulate the lawful activities of an entity, including activities relating to obtaining, identifying, or otherwise possessing cyber threat information, except that the procedures required to be developed and implemented under this title shall not be considered regulations within the meaning of this paragraph.

(d) Procedures Relating to Information Sharing With a Cybersecurity Center.--Not later than 60 days after the date of enactment of this Act, the heads of each department or agency containing a cybersecurity center shall jointly develop, promulgate, and submit to Congress procedures to ensure that cyber threat information shared with or provided to--

(1) a cybersecurity center under this section--

(A) may be submitted to a cybersecurity center by an entity, to the greatest extent possible, through a uniform, publicly available process or format that is easily accessible on the website of such cybersecurity center, and that includes the ability to provide relevant details about the cyber threat information and written consent to any subsequent disclosures authorized by this paragraph;

(B) shall immediately be further shared with each cybersecurity center in order to prevent, investigate, or otherwise mitigate threats to information security across the Federal government;

(C) is handled by the Federal government in a reasonable manner, including consideration of the need to protect the privacy and civil liberties of individuals through anonymization or other appropriate methods, while fully accomplishing the objectives of this title, and the Federal government may undertake efforts consistent with this subparagraph to limit the impact on privacy and civil liberties of the sharing of cyber threat information with the Federal government; and

(D) except as provided in this section, shall only be used, disclosed, or handled in accordance with the provisions of subsection (c); and

(2) a Federal agency or department under subsection (b) is provided immediately to a cybersecurity center in order to prevent, investigate, or otherwise mitigate threats to information security across the Federal government.

(e) Information Shared Between Entities.--

(1) In general.--An entity sharing cyber threat information with another entity under this title may restrict the use or sharing of such information by such other entity.

(2) Further sharing.--Cyber threat information shared by any entity with another entity under this title--

(A) shall only be further shared in accordance with any restrictions placed on the sharing of such information by the entity authorizing such sharing, such as appropriate anonymization of such information; and

(B) may not be used by any entity to gain an unfair competitive advantage to the detriment of the entity authorizing the sharing of such information, except that the conduct described in paragraph (3) shall not constitute unfair competitive conduct.

(3) Information shared with state, tribal, or local government or government agency.--Cyber threat information shared with a State, tribal, or local government or government agency under this title--

(A) may, with the prior written consent of the entity sharing such information, be disclosed to and used by a State, tribal, or local government or government agency for the purpose of protecting information systems, or in furtherance of preventing, investigating, or prosecuting a criminal act, except if the need for immediate disclosure prevents obtaining written consent, consent may be provided orally with subsequent documentation of the consent;

(B) shall be deemed voluntarily shared information and exempt from disclosure under any State, tribal, or local law requiring disclosure of information or records;

(C) shall not be disclosed or distributed to any entity by the State, tribal, or local government or government agency without the prior written consent of the entity submitting such information, notwithstanding any State, tribal, or local law requiring disclosure of information or records, except if the need for immediate disclosure prevents obtaining written consent, consent may be provided orally with subsequent documentation of the consent; and

(D) shall not be directly used by any State, tribal, or local department or agency to regulate the lawful activities of an entity, including activities relating to obtaining, identifying, or otherwise possessing cyber threat information, except that the procedures required to be developed and implemented under this title shall not be considered regulations within the meaning of this subparagraph.

(4) Antitrust exemption.--The exchange or provision of cyber threat information or assistance between 2 or more private entities under this title shall not be considered a violation of any provision of antitrust laws if exchanged or provided in order to assist with--

(A) facilitating the prevention, investigation, or mitigation of threats to information security; or

(B) communicating or disclosing of cyber threat information to help prevent, investigate or otherwise mitigate the effects of a threat to information security.

(5) No right or benefit.--The provision of cyber threat information to an entity under this section shall not create a right or a benefit to similar information by such entity or any other entity.

(f) Federal Preemption.--

(1) In general.--This section supersedes any statute or other law of a State or political subdivision of a State that restricts or otherwise expressly regulates an activity authorized under this section.

(2) State law enforcement.--Nothing in this section shall be construed to supersede any statute or other law of a State or political subdivision of a State concerning the use of authorized law enforcement techniques.

(3) Public disclosure.--No information shared with or provided to a State, tribal, or local government or government agency pursuant to this section shall be made publicly available pursuant to any State, tribal, or local law requiring disclosure of information or records.

(g) Civil and Criminal Liability.--

(1) General protections.--

(A) Private entities.--No cause of action shall lie or be maintained in any court against any private entity for--

(i) the use of countermeasures and cybersecurity systems as authorized by this title;

(ii) the use, receipt, or disclosure of any cyber threat information as authorized by this title; or

(iii) the subsequent actions or inactions of any lawful recipient of cyber threat information provided by such private entity.

(B) Entities.--No cause of action shall lie or be maintained in any court against any entity for--

(i) the use, receipt, or disclosure of any cyber threat information as authorized by this title; or

(ii) the subsequent actions or inactions of any lawful recipient of cyber threat information provided by such entity.

(2) Construction.--Nothing in this subsection shall be construed as creating any immunity against, or otherwise affecting, any action brought by the Federal government, or any agency or department thereof, to enforce any law, executive order, or procedure governing the appropriate handling, disclosure, and use of classified information.

(h) Otherwise Lawful Disclosures.--Nothing in this section shall be construed to limit or prohibit otherwise lawful disclosures of communications, records, or other information by a private entity to any other governmental or private entity not covered under this section.

(i) Whistleblower Protection.--Nothing in this Act shall be construed to preempt or preclude any employee from exercising rights currently provided under any whistleblower law, rule, or regulation.

(j) Relationship to Other Laws.--The submission of cyber threat information under this section to a cybersecurity center shall not affect any requirement under any other provision of law for an entity to provide information to the Federal government.

SEC. 103. INFORMATION SHARING BY THE FEDERAL GOVERNMENT.

(a) Classified Information.--

(1) Procedures.--Consistent with the protection of intelligence sources and methods, and as otherwise determined appropriate, the Director of National Intelligence and the Secretary of Defense, in consultation with the heads of the appropriate Federal departments or agencies, shall develop and promulgate procedures to facilitate and promote--

(A) the immediate sharing, through the cybersecurity centers, of classified cyber threat information in the possession of the Federal government with appropriately cleared representatives of any appropriate entity; and

(B) the declassification and immediate sharing, through the cybersecurity centers, with any entity or, if appropriate, public availability of cyber threat information in the possession of the Federal government;

(2) Handling of classified information.--The procedures developed under paragraph (1) shall ensure that each entity receiving classified cyber threat information pursuant to this section has acknowledged in writing the ongoing obligation to comply with all laws, executive orders, and procedures concerning the appropriate handling, disclosure, or use of classified information.

(b) Unclassified Cyber Threat Information.--The heads of each department or agency containing a cybersecurity center shall jointly develop and promulgate procedures that ensure that, consistent with the provisions of this section, unclassified, including controlled unclassified, cyber threat information in the possession of the Federal government--

(1) is shared, through the cybersecurity centers, in an immediate and adequate manner with appropriate entities; and

(2) if appropriate, is made publicly available.

(1) In general.--The procedures developed under this section shall incorporate, to the greatest extent possible, existing processes utilized by sector specific information sharing and analysis centers.

(2) Coordination with entities.--In developing the procedures required under this section, the Director of National Intelligence and the heads of each department or agency containing a cybersecurity center shall coordinate with appropriate entities to ensure that protocols are implemented that will facilitate and promote the sharing of cyber threat information by the Federal government.

(d) Additional Responsibilities of Cybersecurity Centers.--Consistent with section 102, a cybersecurity center shall--

(1) facilitate information sharing, interaction, and collaboration among and between cybersecurity centers and--

(A) other Federal entities;

(B) any entity; and

(2) disseminate timely and actionable cybersecurity threat, vulnerability, mitigation, and warning information, including alerts, advisories, indicators, signatures, and mitigation and response measures, to improve the security and protection of information systems; and

(3) coordinate with other Federal entities, as appropriate, to integrate information from across the Federal government to provide situational awareness of the cybersecurity posture of the United States.

(e) Sharing Within the Federal Government.--The heads of appropriate Federal departments and agencies shall ensure that cyber threat information in the possession of such Federal departments or agencies that relates to the prevention, investigation, or mitigation of threats to information security across the Federal government is shared effectively with the cybersecurity centers.

(f) Submission to Congress.--Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence, in coordination with the appropriate head of a department or an agency containing a cybersecurity center, shall submit the procedures required by this section to Congress.

SEC. 104. CONSTRUCTION.

(a) Information Sharing Relationships.--Nothing in this title shall be construed--

(1) to limit or modify an existing information sharing relationship;

(2) to prohibit a new information sharing relationship;

(3) to require a new information sharing relationship between any entity and the Federal government, except as specified under section 102(b); or

(4) to modify the authority of a department or agency of the Federal government to protect sources and methods and the national security of the United States.

(b) Anti-tasking Restriction.--Nothing in this title shall be construed to permit the Federal government--

(1) to require an entity to share information with the Federal government, except as expressly provided under section 102(b); or

(2) to condition the sharing of cyber threat information with an entity on such entity's provision of cyber threat information to the Federal government.

(c) No Liability for Non-participation.--Nothing in this title shall be construed to subject any entity to liability for choosing not to engage in the voluntary activities authorized under this title.

(d) Use and Retention of Information.--Nothing in this title shall be construed to authorize, or to modify any existing authority of, a department or agency of the Federal government to retain or use any information shared under section 102 for any use other than a use permitted under section 102(c)(1).

(e) No New Funding.--An applicable Federal agency shall carry out the provisions of this title with existing facilities and funds otherwise available, through such means as the head of the agency considers appropriate.

SEC. 105. REPORT ON IMPLEMENTATION.

(a) Content of Report.--Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the heads of each department or agency containing a cybersecurity center shall jointly submit, in coordination with the privacy and civil liberties officials of such departments or agencies and the Privacy and Civil Liberties Oversight Board, a detailed report to Congress concerning the implementation of this title, including--

(1) an assessment of the sufficiency of the procedures developed under section 103 of this Act in ensuring that cyber threat information in the possession of the Federal government is provided in an immediate and adequate manner to appropriate entities or, if appropriate, is made publicly available;

(2) an assessment of whether information has been appropriately classified and an accounting of the number of security clearances authorized by the Federal government for purposes of this title;

(3) a review of the type of cyber threat information shared with a cybersecurity center under section 102 of this Act, including whether such information meets the definition of cyber threat information under section 101, the degree to which such information may impact the privacy and civil liberties of individuals, any appropriate metrics to determine any impact of the sharing of such information with the Federal government on privacy and civil liberties, and the adequacy of any steps taken to reduce such impact;

(4) a review of actions taken by the Federal government based on information provided to a cybersecurity center under section 102 of this Act, including the appropriateness of any subsequent use under section 102(c)(1) of this Act and whether there was inappropriate stovepiping within the Federal government of any such information;

(5) a description of any violations of the requirements of this title by the Federal government;

(6) a classified list of entities that received classified information from the Federal government under section 103 of this Act and a description of any indication that such information may not have been appropriately handled;

(7) a summary of any breach of information security, if known, attributable to a specific failure by any entity or the Federal government to act on cyber threat information in the possession of such entity or the Federal government that resulted in substantial economic harm or injury to a specific entity or the Federal government; and

(8) any recommendation for improvements or modifications to the authorities under this title.

(b) Form of Report.--The report under subsection (a) shall be submitted in unclassified form, but shall include a classified annex.

SEC. 106. INSPECTOR GENERAL REVIEW.

(a) In General.--The Council of the Inspectors General on Integrity and Efficiency are authorized to review compliance by the cybersecurity centers, and by any Federal department or agency receiving cyber threat information from such cybersecurity centers, with the procedures required under section 102 of this Act.

(b) Scope of Review.--The review under subsection (a) shall consider whether the Federal government has handled such cyber threat information in a reasonable manner, including consideration of the need to protect the privacy and civil liberties of individuals through anonymization or other appropriate methods, while fully accomplishing the objectives of this title.

(c) Report to Congress.--Each review conducted under this section shall be provided to Congress not later than 30 days after the date of completion of the review.

SEC. 107. TECHNICAL AMENDMENTS.

Section 552(b) of title 5, United States Code, is amended--

(1) in paragraph (8), by striking ``or'';

(2) in paragraph (9), by striking ``wells.'' and inserting

``wells; or''; and

(3) by adding at the end the following:

``(10) information shared with or provided to a cybersecurity center under section 102 of title I of the Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2012.''.

SEC. 108. ACCESS TO CLASSIFIED INFORMATION.

(a) Authorization Required.--No person shall be provided with access to classified information (as defined in section 6.1 of Executive Order 13526 (50 U.S.C. 435 note; relating to classified national security information)) relating to cyber security threats or cyber security vulnerabilities under this title without the appropriate security clearances.

(b) Security Clearances.--The appropriate Federal agencies or departments shall, consistent with applicable procedures and requirements, and if otherwise deemed appropriate, assist an individual in timely obtaining an appropriate security clearance where such individual has been determined to be eligible for such clearance and has a need-to-know (as defined in section 6.1 of that Executive Order) classified information to carry out this title.

TITLE II--COORDINATION OF FEDERAL INFORMATION SECURITY POLICY

SEC. 201. COORDINATION OF FEDERAL INFORMATION SECURITY

POLICY.

(a) In General.--Chapter 35 of title 44, United States Code, is amended by striking subchapters II and III and inserting the following:

``SUBCHAPTER II--INFORMATION SECURITY

``Sec. 3551. Purposes

``The purposes of this subchapter are--

``(1) to provide a comprehensive framework for ensuring the effectiveness of information security controls over information resources that support Federal operations and assets;

``(2) to recognize the highly networked nature of the current Federal computing environment and provide effective government-wide management of policies, directives, standards, and guidelines, as well as effective and nimble oversight of and response to information security risks, including coordination of information security efforts throughout the Federal civilian, national security, and law enforcement communities;

``(3) to provide for development and maintenance of controls required to protect agency information and information systems and contribute to the overall improvement of agency information security posture;

``(4) to provide for the development of tools and methods to assess and respond to real-time situational risk for Federal information system operations and assets; and

``(5) to provide a mechanism for improving agency information security programs through continuous monitoring of agency information systems and streamlined reporting requirements rather than overly prescriptive manual reporting.

``Sec. 3552. Definitions

``In this subchapter:

``(1) Adequate security.--The term `adequate security' means security commensurate with the risk and magnitude of the harm resulting from the unauthorized access to or loss, misuse, destruction, or modification of information.

``(2) Agency.--The term `agency' has the meaning given the term in section 3502 of title 44.

``(3) Cybersecurity center.--The term `cybersecurity center' means the Department of Defense Cyber Crime Center, the Intelligence Community Incident Response Center, the United States Cyber Command Joint Operations Center, the National Cyber Investigative Joint Task Force, the National Security Agency/Central Security Service Threat Operations Center, the National Cybersecurity and Communications Integration Center, and any successor center.

``(4) Cyber threat information.--The term `cyber threat information' means information that indicates or describes--

``(A) a technical or operation vulnerability or a cyber threat mitigation measure;

``(B) an action or operation to mitigate a cyber threat;

``(C) malicious reconnaissance, including anomalous patterns of network activity that appear to be transmitted for the purpose of gathering technical information related to a cybersecurity threat;

``(D) a method of defeating a technical control;

``(E) a method of defeating an operational control;

``(F) network activity or protocols known to be associated with a malicious cyber actor or that signify malicious cyber intent;

``(G) a method of causing a user with legitimate access to an information system or information that is stored on, processed by, or transiting an information system to inadvertently enable the defeat of a technical or operational control;

``(H) any other attribute of a cybersecurity threat or cyber defense information that would foster situational awareness of the United States cybersecurity posture, if disclosure of such attribute or information is not otherwise prohibited by law;

``(I) the actual or potential harm caused by a cyber incident, including information exfiltrated when it is necessary in order to identify or describe a cybersecurity threat; or

``(J) any combination of subparagraphs (A) through (I).

``(5) Director.--The term `Director' means the Director of the Office of Management and Budget unless otherwise specified.

``(6) Environment of operation.--The term `environment of operation' means the information system and environment in which those systems operate, including changing threats, vulnerabilities, technologies, and missions and business practices.

``(7) Federal information system.--The term `Federal information system' means an information system used or operated by an executive agency, by a contractor of an executive agency, or by another organization on behalf of an executive agency.

``(8) Incident.--The term `incident' means an occurrence that--

``(A) actually or imminently jeopardizes the integrity, confidentiality, or availability of an information system or the information that system controls, processes, stores, or transmits; or

``(B) constitutes a violation of law or an imminent threat of violation of a law, a security policy, a security procedure, or an acceptable use policy.

``(9) Information resources.--The term `information resources' has the meaning given the term in section 3502 of title 44.

``(10) Information security.--The term `information security' means protecting information and information systems from disruption or unauthorized access, use, disclosure, modification, or destruction in order to provide--

``(A) integrity, by guarding against improper information modification or destruction, including by ensuring information nonrepudiation and authenticity;

``(B) confidentiality, by preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; or

``(C) availability, by ensuring timely and reliable access to and use of information.

``(11) Information system.--The term `information system' has the meaning given the term in section 3502 of title 44.

``(12) Information technology.--The term `information technology' has the meaning given the term in section 11101 of title 40.

``(13) Malicious reconnaissance.--The term `malicious reconnaissance' means a method for actively probing or passively monitoring an information system for the purpose of discerning technical vulnerabilities of the information system, if such method is associated with a known or suspected cybersecurity threat.

``(14) National security system.--

``(i) the function, operation, or use of which--

``(I) involves intelligence activities;

``(II) involves cryptologic activities related to national security;

``(III) involves command and control of military forces;

``(IV) involves equipment that is an integral part of a weapon or weapons system; or

``(V) subject to subparagraph (B), is critical to the direct fulfillment of military or intelligence missions; or

``(ii) is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

``(B) Limitation.--Subparagraph (A)(i)(V) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).

``(15) Operational control.--The term `operational control' means a security control for an information system that primarily is implemented and executed by people.

``(16) Person.--The term `person' has the meaning given the term in section 3502 of title 44.

``(17) Secretary.--The term `Secretary' means the Secretary of Commerce unless otherwise specified.

``(18) Security control.--The term `security control' means the management, operational, and technical controls, including safeguards or countermeasures, prescribed for an information system to protect the confidentiality, integrity, and availability of the system and its information.

``(19) Significant cyber incident.--The term `significant cyber incident' means a cyber incident resulting in, or an attempted cyber incident that, if successful, would have resulted in--

``(A) the exfiltration from a Federal information system of data that is essential to the operation of the Federal information system; or

``(B) an incident in which an operational or technical control essential to the security or operation of a Federal information system was defeated.

``(20) Technical control.--The term `technical control' means a hardware or software restriction on, or audit of, access or use of an information system or information that is stored on, processed by, or transiting an information system that is intended to ensure the confidentiality, integrity, or availability of that system.

``Sec. 3553. Federal information security authority and coordination

``(a) In General.--The Secretary, in consultation with the Secretary of Homeland Security, shall--

``(1) issue compulsory and binding policies and directives governing agency information security operations, and require implementation of such policies and directives, including--

``(A) policies and directives consistent with the standards and guidelines promulgated under section 11331 of title 40 to identify and provide information security protections prioritized and commensurate with the risk and impact resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of--

``(i) information collected or maintained by or on behalf of an agency; or

``(ii) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency;

``(B) minimum operational requirements for Federal Government to protect agency information systems and provide common situational awareness across all agency information systems;

``(C) reporting requirements, consistent with relevant law, regarding information security incidents and cyber threat information;

``(D) requirements for agencywide information security programs;

``(E) performance requirements and metrics for the security of agency information systems;

``(F) training requirements to ensure that agencies are able to fully and timely comply with the policies and directives issued by the Secretary under this subchapter;

``(G) training requirements regarding privacy, civil rights, and civil liberties, and information oversight for agency information security personnel;

``(H) requirements for the annual reports to the Secretary under section 3554(d);

``(I) any other information security operations or information security requirements as determined by the Secretary in coordination with relevant agency heads; and

``(J) coordinating the development of standards and guidelines under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) with agencies and offices operating or exercising control of national security systems (including the National Security Agency) to assure, to the maximum extent feasible, that such standards and guidelines are complementary with standards and guidelines developed for national security systems;

``(2) review the agencywide information security programs under section 3554; and

``(3) designate an individual or an entity at each cybersecurity center, among other responsibilities--

``(A) to receive reports and information about information security incidents, cyber threat information, and deterioration of security control affecting agency information systems; and

``(B) to act on or share the information under subparagraph

(A) in accordance with this subchapter.

``(b) Considerations.--When issuing policies and directives under subsection (a), the Secretary shall consider any applicable standards or guidelines developed by the National Institute of Standards and Technology under section 11331 of title 40.

``(c) Limitation of Authority.--The authorities of the Secretary under this section shall not apply to national security systems. Information security policies, directives, standards and guidelines for national security systems shall be overseen as directed by the President and, in accordance with that direction, carried out under the authority of the heads of agencies that operate or exercise authority over such national security systems.

``(d) Statutory Construction.--Nothing in this subchapter shall be construed to alter or amend any law regarding the authority of any head of an agency over such agency.

``Sec. 3554. Agency responsibilities

``(a) In General.--The head of each agency shall--

``(1) be responsible for--

``(A) complying with the policies and directives issued under section 3553;

``(B) providing information security protections commensurate with the risk resulting from unauthorized access, use, disclosure, disruption, modification, or destruction of--

``(i) information collected or maintained by the agency or by a contractor of an agency or other organization on behalf of an agency; and

``(ii) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency;

``(C) complying with the requirements of this subchapter, including--

``(i) information security standards and guidelines promulgated under section 11331 of title 40;

``(ii) for any national security systems operated or controlled by that agency, information security policies, directives, standards and guidelines issued as directed by the President; and

``(iii) for any non-national security systems operated or controlled by that agency, information security policies, directives, standards and guidelines issued under section 3553;

``(D) ensuring that information security management processes are integrated with agency strategic and operational planning processes;

``(E) reporting and sharing, for an agency operating or exercising control of a national security system, information about information security incidents, cyber threat information, and deterioration of security controls to the individual or entity designated at each cybersecurity center and to other appropriate entities consistent with policies and directives for national security systems issued as directed by the President; and

``(F) reporting and sharing, for those agencies operating or exercising control of non-national security systems, information about information security incidents, cyber threat information, and deterioration of security controls to the individual or entity designated at each cybersecurity center and to other appropriate entities consistent with policies and directives for non-national security systems as prescribed under section 3553(a), including information to assist the entity designated under section 3555(a) with the ongoing security analysis under section 3555;

``(2) ensure that each senior agency official provides information security for the information and information systems that support the operations and assets under the senior agency official's control, including by--

``(A) assessing the risk and impact that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of such information or information systems;

``(B) determining the level of information security appropriate to protect such information and information systems in accordance with policies and directives issued under section 3553(a), and standards and guidelines promulgated under section 11331 of title 40 for information security classifications and related requirements;

``(C) implementing policies, procedures, and capabilities to reduce risks to an acceptable level in a cost-effective manner;

``(D) actively monitoring the effective implementation of information security controls and techniques; and

``(E) reporting information about information security incidents, cyber threat information, and deterioration of security controls in a timely and adequate manner to the entity designated under section 3553(a)(3) in accordance with paragraph (1);

``(3) assess and maintain the resiliency of information technology systems critical to agency mission and operations;

``(4) designate the agency Inspector General (or an independent entity selected in consultation with the Director and the Council of Inspectors General on Integrity and Efficiency if the agency does not have an Inspector General) to conduct the annual independent evaluation required under section 3556, and allow the agency Inspector General to contract with an independent entity to perform such evaluation;

``(5) delegate to the Chief Information Officer or equivalent (or to a senior agency official who reports to the Chief Information Officer or equivalent)--

``(A) the authority and primary responsibility to implement an agencywide information security program; and

``(B) the authority to provide information security for the information collected and maintained by the agency (or by a contractor, other agency, or other source on behalf of the agency) and for the information systems that support the operations, assets, and mission of the agency (including any information system provided or managed by a contractor, other agency, or other source on behalf of the agency);

``(6) delegate to the appropriate agency official (who is responsible for a particular agency system or subsystem) the responsibility to ensure and enforce compliance with all requirements of the agency's agencywide information security program in coordination with the Chief Information Officer or equivalent (or the senior agency official who reports to the Chief Information Officer or equivalent) under paragraph (5);

``(7) ensure that an agency has trained personnel who have obtained any necessary security clearances to permit them to assist the agency in complying with this subchapter;

``(8) ensure that the Chief Information Officer or equivalent (or the senior agency official who reports to the Chief Information Officer or equivalent) under paragraph (5), in coordination with other senior agency officials, reports to the agency head on the effectiveness of the agencywide information security program, including the progress of any remedial actions; and

``(9) ensure that the Chief Information Officer or equivalent (or the senior agency official who reports to the Chief Information Officer or equivalent) under paragraph (5) has the necessary qualifications to administer the functions described in this subchapter and has information security duties as a primary duty of that official.

``(b) Chief Information Officers.--Each Chief Information Officer or equivalent (or the senior agency official who reports to the Chief Information Officer or equivalent) under subsection (a)(5) shall--

``(1) establish and maintain an enterprise security operations capability that on a continuous basis--

``(A) detects, reports, contains, mitigates, and responds to information security incidents that impair adequate security of the agency's information or information system in a timely manner and in accordance with the policies and directives under section 3553; and

``(B) reports any information security incident under subparagraph (A) to the entity designated under section 3555;

``(2) develop, maintain, and oversee an agencywide information security program;

``(3) develop, maintain, and oversee information security policies, procedures, and control techniques to address applicable requirements, including requirements under section 3553 of this title and section 11331 of title 40; and

``(4) train and oversee the agency personnel who have significant responsibility for information security with respect to that responsibility.

``(c) Agencywide Information Security Programs.--

``(1) In general.--Each agencywide information security program under subsection (b)(2) shall include--

``(A) relevant security risk assessments, including technical assessments and others related to the acquisition process;

``(B) security testing commensurate with risk and impact;

``(C) mitigation of deterioration of security controls commensurate with risk and impact;

``(D) risk-based continuous monitoring and threat assessment of the operational status and security of agency information systems to enable evaluation of the effectiveness of and compliance with information security policies, procedures, and practices, including a relevant and appropriate selection of security controls of information systems identified in the inventory under section 3505(c);

``(E) operation of appropriate technical capabilities in order to detect, mitigate, report, and respond to information security incidents, cyber threat information, and deterioration of security controls in a manner that is consistent with the policies and directives under section 3553, including--

``(i) mitigating risks associated with such information security incidents;

``(ii) notifying and consulting with the entity designated under section 3555; and

``(iii) notifying and consulting with, as appropriate--

``(I) law enforcement and the relevant Office of the Inspector General; and

``(II) any other entity, in accordance with law and as directed by the President;

``(F) a process to ensure that remedial action is taken to address any deficiencies in the information security policies, procedures, and practices of the agency; and

``(G) a plan and procedures to ensure the continuity of operations for information systems that support the operations and assets of the agency.

``(2) Risk management strategies.--Each agencywide information security program under subsection (b)(2) shall include the development and maintenance of a risk management strategy for information security. The risk management strategy shall include--

``(A) consideration of information security incidents, cyber threat information, and deterioration of security controls; and

``(B) consideration of the consequences that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the agency, including any information system provided or managed by a contractor, other agency, or other source on behalf of the agency;

``(3) Policies and procedures.--Each agencywide information security program under subsection (b)(2) shall include policies and procedures that--

``(A) are based on the risk management strategy under paragraph (2);

``(B) reduce information security risks to an acceptable level in a cost-effective manner;

``(C) ensure that cost-effective and adequate information security is addressed as part of the acquisition and ongoing management of each agency information system; and

``(D) ensure compliance with--

``(i) this subchapter; and

``(ii) any other applicable requirements.

``(4) Training requirements.--Each agencywide information security program under subsection (b)(2) shall include information security, privacy, civil rights, civil liberties, and information oversight training that meets any applicable requirements under section 3553. The training shall inform each information security personnel that has access to agency information systems (including contractors and other users of information systems that support the operations and assets of the agency) of--

``(A) the information security risks associated with the information security personnel's activities; and

``(B) the individual's responsibility to comply with the agency policies and procedures that reduce the risks under subparagraph (A).

``(d) Annual Report.--Each agency shall submit a report annually to the Secretary of Homeland Security on its agencywide information security program and information systems.

``Sec. 3555. Multiagency ongoing threat assessment

``(a) Implementation.--The Director of the Office of Management and Budget, in coordination with the Secretary of Homeland Security, shall designate an entity to implement ongoing security analysis concerning agency information systems--

``(1) based on cyber threat information;

``(2) based on agency information system and environment of operation changes, including--

``(A) an ongoing evaluation of the information system security controls; and

``(B) the security state, risk level, and environment of operation of an agency information system, including--

``(i) a change in risk level due to a new cyber threat;

``(ii) a change resulting from a new technology;

``(iii) a change resulting from the agency's mission; and

``(iv) a change resulting from the business practice; and

``(3) using automated processes to the maximum extent possible--

``(A) to increase information system security;

``(B) to reduce paper-based reporting requirements; and

``(C) to maintain timely and actionable knowledge of the state of the information system security.

``(b) Standards.--The National Institute of Standards and Technology may promulgate standards, in coordination with the Secretary of Homeland Security, to assist an agency with its duties under this section.

``(c) Compliance.--The head of each appropriate department and agency shall be responsible for ensuring compliance and implementing necessary procedures to comply with this section. The head of each appropriate department and agency, in consultation with the Director of the Office of Management and Budget and the Secretary of Homeland Security, shall--

``(1) monitor compliance under this section;

``(2) develop a timeline and implement for the department or agency--

``(A) adoption of any technology, system, or method that facilitates continuous monitoring and threat assessments of an agency information system;

``(B) adoption or updating of any technology, system, or method that prevents, detects, or remediates a significant cyber incident to a Federal information system of the department or agency that has impeded, or is reasonably likely to impede, the performance of a critical mission of the department or agency; and

``(C) adoption of any technology, system, or method that satisfies a requirement under this section.

``(d) Limitation of Authority.--The authorities of the Director of the Office of Management and Budget and of the Secretary of Homeland Security under this section shall not apply to national security systems.

``(e) Report.--Not later than 6 months after the date of enactment of the Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2012, the Government Accountability Office shall issue a report evaluating each agency's status toward implementing this section.

``Sec. 3556. Independent evaluations

``(a) In General.--The Council of the Inspectors General on Integrity and Efficiency, in consultation with the Director and the Secretary of Homeland Security, the Secretary of Commerce, and the Secretary of Defense, shall issue and maintain criteria for the timely, cost-effective, risk-based, and independent evaluation of each agencywide information security program (and practices) to determine the effectiveness of the agencywide information security program

(and practices). The criteria shall include measures to assess any conflicts of interest in the performance of the evaluation and whether the agencywide information security program includes appropriate safeguards against disclosure of information where such disclosure may adversely affect information security.

``(b) Annual Independent Evaluations.--Each agency shall perform an annual independent evaluation of its agencywide information security program (and practices) in accordance with the criteria under subsection (a).

``(c) Distribution of Reports.--Not later than 30 days after receiving an independent evaluation under subsection

(b), each agency head shall transmit a copy of the independent evaluation to the Secretary of Homeland Security, the Secretary of Commerce, and the Secretary of Defense.

``(d) National Security Systems.--Evaluations involving national security systems shall be conducted as directed by President.

``Sec. 3557. National security systems.

``The head of each agency operating or exercising control of a national security system shall be responsible for ensuring that the agency--

``(1) provides information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of the information contained in such system; and

``(2) implements information security policies and practices as required by standards and guidelines for national security systems, issued in accordance with law and as directed by the President.''.

(b) Savings Provisions.--

(1) Policy and compliance guidance.--Policy and compliance guidance issued by the Director before the date of enactment of this Act under section 3543(a)(1) of title 44, United States Code (as in effect on the day before the date of enactment of this Act), shall continue in effect, according to its terms, until modified, terminated, superseded, or repealed pursuant to section 3553(a)(1) of title 44, United States Code.

(2) Standards and guidelines.--Standards and guidelines issued by the Secretary of Commerce or by the Director before the date of enactment of this Act under section 11331(a)(1) of title 40, United States Code, (as in effect on the day before the date of enactment of this Act) shall continue in effect, according to their terms, until modified, terminated, superseded, or repealed pursuant to section 11331(a)(1) of title 40, United States Code, as amended by this Act.

(1) Chapter analysis.--The chapter analysis for chapter 35 of title 44, United States Code, is amended--

(A) by striking the items relating to sections 3531 through 3538;

(B) by striking the items relating to sections 3541 through 3549; and

``3551. Purposes.

``3552. Definitions.

``3553. Federal information security authority and coordination.

``3554. Agency responsibilities.

``3555. Multiagency ongoing threat assessment.

``3556. Independent evaluations.

``3557. National security systems.''.

(2) Other references.--

(A) Section 1001(c)(1)(A) of the Homeland Security Act of 2002 (6 U.S.C. 511(1)(A)) is amended by striking ``section 3532(3)'' and inserting ``section 3552''.

(B) Section 2222(j)(5) of title 10, United States Code, is amended by striking ``section 3542(b)(2)'' and inserting

``section 3552''.

(D) Section 2315 of title 10, United States Code, is amended by striking ``section 3542(b)(2)'' and inserting

``section 3552''.

(E) Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) is amended--

(i) in subsection (a)(2), by striking ``section 3532(b)(2)'' and inserting ``section 3552'';

(ii) in subsection (c)(3), by striking ``Director of the Office of Management and Budget'' and inserting ``Secretary of Commerce'';

(iii) in subsection (d)(1), by striking ``Director of the Office of Management and Budget'' and inserting ``Secretary of Commerce'';

(iv) in subsection (d)(8) by striking ``Director of the Office of Management and Budget'' and inserting ``Secretary of Commerce'';

(v) in subsection (d)(8), by striking ``submitted to the Director'' and inserting ``submitted to the Secretary'';

(vi) in subsection (e)(2), by striking ``section 3532(1) of such title'' and inserting ``section 3552 of title 44''; and

(vii) in subsection (e)(5), by striking ``section 3532(b)(2) of such title'' and inserting ``section 3552 of title 44''.

(F) Section 8(d)(1) of the Cyber Security Research and Development Act (15 U.S.C. 7406(d)(1)) is amended by striking

``section 3534(b)'' and inserting ``section 3554(b)(2)''.

SEC. 202. MANAGEMENT OF INFORMATION TECHNOLOGY.

(a) In General.--Section 11331 of title 40, United States Code, is amended to read as follows:

``Sec. 11331. Responsibilities for Federal information systems standards

``(a) Standards and Guidelines.--

``(1) Authority to prescribe.--Except as provided under paragraph (2), the Secretary of Commerce shall prescribe standards and guidelines pertaining to Federal information systems--

``(A) in consultation with the Secretary of Homeland Security; and

``(B) on the basis of standards and guidelines developed by the National Institute of Standards and Technology under paragraphs (2) and (3) of section 20(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(a)(2) and (a)(3)).

``(2) National security systems.--Standards and guidelines for national security systems shall be developed, prescribed, enforced, and overseen as otherwise authorized by law and as directed by the President.

``(b) Mandatory Standards and Guidelines.--

``(1) Authority to make mandatory standards and guidelines.--The Secretary of Commerce shall make standards and guidelines under subsection (a)(1) compulsory and binding to the extent determined necessary by the Secretary of Commerce to improve the efficiency of operation or security of Federal information systems.

``(2) Required mandatory standards and guidelines.--

``(A) In general.--Standards and guidelines under subsection (a)(1) shall include information security standards that--

``(i) provide minimum information security requirements as determined under section 20(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(b)); and

``(ii) are otherwise necessary to improve the security of Federal information and information systems.

``(B) Binding effect.--Information security standards under subparagraph (A) shall be compulsory and binding.

``(c) Exercise of Authority.--To ensure fiscal and policy consistency, the Secretary of Commerce shall exercise the authority conferred by this section subject to direction by the President and in coordination with the Director.

``(d) Application of More Stringent Standards and Guidelines.--The head of an executive agency may employ standards for the cost-effective information security for information systems within or under the supervision of that agency that are more stringent than the standards and guidelines the Secretary of Commerce prescribes under this section if the more stringent standards and guidelines--

``(1) contain at least the applicable standards and guidelines made compulsory and binding by the Secretary of Commerce; and

``(2) are otherwise consistent with the policies, directives, and implementation memoranda issued under section 3553(a) of title 44.

``(e) Decisions on Promulgation of Standards and Guidelines.--The decision by the Secretary of Commerce regarding the promulgation of any standard or guideline under this section shall occur not later than 6 months after the date of submission of the proposed standard to the Secretary of Commerce by the National Institute of Standards and Technology under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3).

``(f) Notice and Comment.--A decision by the Secretary of Commerce to significantly modify, or not promulgate, a proposed standard submitted to the Secretary by the National Institute of Standards and Technology under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) shall be made after the public is given an opportunity to comment on the Secretary's proposed decision.

``(g) Definitions.--In this section:

``(1) Federal information system.--The term `Federal information system' has the meaning given the term in section 3552 of title 44.

``(2) Information security.--The term `information security' has the meaning given the term in section 3552 of title 44.

``(3) National security system.--The term `national security system' has the meaning given the term in section 3552 of title 44.''.

SEC. 203. NO NEW FUNDING.

An applicable Federal agency shall carry out the provisions of this title with existing facilities and funds otherwise available, through such means as the head of the agency considers appropriate.

SEC. 204. TECHNICAL AND CONFORMING AMENDMENTS.

Section 21(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-4(b)) is amended--

(1) in paragraph (2), by striking ``and the Director of the Office of Management and Budget'' and inserting ``, the Secretary of Commerce, and the Secretary of Homeland Security''; and

(2) in paragraph (3), by inserting ``, the Secretary of Homeland Security,'' after ``the Secretary of Commerce''.

SEC. 205. CLARIFICATION OF AUTHORITIES.

Nothing in this title shall be construed to convey any new regulatory authority to any government entity implementing or complying with any provision of this title.

TITLE III--CRIMINAL PENALTIES

SEC. 301. PENALTIES FOR FRAUD AND RELATED ACTIVITY IN

CONNECTION WITH COMPUTERS.

Section 1030(c) of title 18, United States Code, is amended to read as follows:

``(c) The punishment for an offense under subsection (a) or

(b) of this section is--

``(1) a fine under this title or imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(1) of this section;

``(2)(A) except as provided in subparagraph (B), a fine under this title or imprisonment for not more than 3 years, or both, in the case of an offense under subsection (a)(2); or

``(B) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(2) of this section, if--

``(i) the offense was committed for purposes of commercial advantage or private financial gain;

``(ii) the offense was committed in the furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States, or of any State; or

``(iii) the value of the information obtained, or that would have been obtained if the offense was completed, exceeds $5,000;

``(3) a fine under this title or imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(3) of this section;

``(4) a fine under this title or imprisonment of not more than 20 years, or both, in the case of an offense under subsection (a)(4) of this section;

``(5)(A) except as provided in subparagraph (C), a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(5)(A) of this section, if the offense caused--

``(i) loss to 1 or more persons during any 1-year period

(and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value;

``(ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals;

``(iii) physical injury to any person;

``(iv) a threat to public health or safety;

``(v) damage affecting a computer used by, or on behalf of, an entity of the United States Government in furtherance of the administration of justice, national defense, or national security; or

``(vi) damage affecting 10 or more protected computers during any 1-year period;

``(B) a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(5)(B), if the offense caused a harm provided in clause (i) through (vi) of subparagraph (A) of this subsection;

``(C) if the offender attempts to cause or knowingly or recklessly causes death from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for any term of years or for life, or both;

``(D) a fine under this title, imprisonment for not more than 10 years, or both, for any other offense under subsection (a)(5);

``(E) a fine under this title or imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(6) of this section; or

``(F) a fine under this title or imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(7) of this section.''.

SEC. 302. TRAFFICKING IN PASSWORDS.

Section 1030(a)(6) of title 18, United States Code, is amended to read as follows:

``(6) knowingly and with intent to defraud traffics (as defined in section 1029) in any password or similar information or means of access through which a protected computer (as defined in subparagraphs (A) and (B) of subsection (e)(2)) may be accessed without authorization.''.

SEC. 303. CONSPIRACY AND ATTEMPTED COMPUTER FRAUD OFFENSES.

Section 1030(b) of title 18, United States Code, is amended by inserting ``as if for the completed offense'' after

``punished as provided''.

SEC. 304. CRIMINAL AND CIVIL FORFEITURE FOR FRAUD AND RELATED

ACTIVITY IN CONNECTION WITH COMPUTERS.

Section 1030 of title 18, United States Code, is amended by striking subsections (i) and (j) and inserting the following:

``(i) Criminal Forfeiture.--

``(1) The court, in imposing sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States--

``(A) such persons interest in any property, real or personal, that was used, or intended to be used, to commit or facilitate the commission of such violation; and

``(B) any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained, directly or indirectly, as a result of such violation.

``(2) The criminal forfeiture of property under this subsection, including any seizure and disposition of the property, and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except subsection (d) of that section.

``(j) Civil Forfeiture.--

``(1) The following shall be subject to forfeiture to the United States and no property right, real or personal, shall exist in them:

``(A) Any property, real or personal, that was used, or intended to be used, to commit or facilitate the commission of any violation of this section, or a conspiracy to violate this section.

``(B) Any property, real or personal, constituting or derived from any gross proceeds obtained directly or indirectly, or any property traceable to such property, as a result of the commission of any violation of this section, or a conspiracy to violate this section.

``(2) Seizures and forfeitures under this subsection shall be governed by the provisions in chapter 46 relating to civil forfeitures, except that such duties as are imposed on the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General.''.

SEC. 305. DAMAGE TO CRITICAL INFRASTRUCTURE COMPUTERS.

(a) In General.--Chapter 47 of title 18, United States Code, is amended by inserting after section 1030 the following:

``Sec. 1030A. Aggravated damage to a critical infrastructure computer

``(a) Definitions.--In this section--

``(1) the term `computer' has the meaning given the term in section 1030;

``(2) the term `critical infrastructure computer' means a computer that manages or controls systems or assets vital to national defense, national security, national economic security, public health or safety, or any combination of those matters, whether publicly or privately owned or operated, including--

``(A) oil and gas production, storage, conversion, and delivery systems;

``(B) water supply systems;

``(C) telecommunication networks;

``(D) electrical power generation and delivery systems;

``(E) finance and banking systems;

``(F) emergency services;

``(G) transportation systems and services; and

``(H) government operations that provide essential services to the public; and

``(3) the term `damage' has the meaning given the term in section 1030.

``(b) Offense.--It shall be unlawful, during and in relation to a felony violation of section 1030, to knowingly cause or attempt to cause damage to a critical infrastructure computer if the damage results in (or, in the case of an attempt, if completed, would have resulted in) the substantial impairment--

``(1) of the operation of the critical infrastructure computer; or

``(2) of the critical infrastructure associated with the computer.

``(c) Penalty.--Any person who violates subsection (b) shall be--

``(1) fined under this title;

``(2) imprisoned for not less than 3 years but not more than 20 years; or

``(3) penalized under paragraphs (1) and (2).

``(d) Consecutive Sentence.--Notwithstanding any other provision of law--

``(1) a court shall not place on probation any person convicted of a violation of this section;

``(2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment, including any term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for a felony violation of section 1030;

``(3) in determining any term of imprisonment to be imposed for a felony violation of section 1030, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and

``(4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the United States Sentencing Commission pursuant to section 994 of title 28.''.

(b) Technical and Conforming Amendment.--The chapter analysis for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1030 the following:

``1030A. Aggravated damage to a critical infrastructure computer.''.

SEC. 306. LIMITATION ON ACTIONS INVOLVING UNAUTHORIZED USE.

Section 1030(e)(6) of title 18, United States Code, is amended by striking ``alter;'' and inserting ``alter, but does not include access in violation of a contractual obligation or agreement, such as an acceptable use policy or terms of service agreement, with an Internet service provider, Internet website, or non-government employer, if such violation constitutes the sole basis for determining that access to a protected computer is unauthorized;''.

SEC. 307. NO NEW FUNDING.

An applicable Federal agency shall carry out the provisions of this title with existing facilities and funds otherwise available, through such means as the head of the agency considers appropriate.

TITLE IV--CYBERSECURITY RESEARCH AND DEVELOPMENT

SEC. 401. NATIONAL HIGH-PERFORMANCE COMPUTING PROGRAM

PLANNING AND COORDINATION.

(a) Goals and Priorities.--Section 101 of the High-Performance Computing Act of 1991 (15 U.S.C. 5511) is amended by adding at the end the following:

``(d) Goals and Priorities.--The goals and priorities for Federal high-performance computing research, development, networking, and other activities under subsection (a)(2)(A) shall include--

``(1) encouraging and supporting mechanisms for interdisciplinary research and development in networking and information technology, including--

``(A) through collaborations across agencies;

``(B) through collaborations across Program Component Areas;

``(C) through collaborations with industry;

``(D) through collaborations with institutions of higher education;

``(E) through collaborations with Federal laboratories (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)); and

``(F) through collaborations with international organizations;

``(2) addressing national, multi-agency, multi-faceted challenges of national importance; and

``(3) fostering the transfer of research and development results into new technologies and applications for the benefit of society.''.

(b) Development of Strategic Plan.--Section 101 of the High-Performance Computing Act of 1991 (15 U.S.C. 5511) is amended by adding at the end the following:

``(e) Strategic Plan.--

``(1) In general.--Not later than 1 year after the date of enactment of the Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2012, the agencies under subsection (a)(3)(B), working through the National Science and Technology Council and with the assistance of the Office of Science and Technology Policy shall develop a 5-year strategic plan to guide the activities under subsection (a)(1).

``(2) Contents.--The strategic plan shall specify--

``(A) the near-term objectives for the Program;

``(B) the long-term objectives for the Program;

``(C) the anticipated time frame for achieving the near-term objectives;

``(D) the metrics that will be used to assess any progress made toward achieving the near-term objectives and the long-term objectives; and

``(E) how the Program will achieve the goals and priorities under subsection (d).

``(3) Implementation roadmap.--

``(A) In general.--The agencies under subsection (a)(3)(B) shall develop and annually update an implementation roadmap for the strategic plan.

``(B) Requirements.--The information in the implementation roadmap shall be coordinated with the database under section 102(c) and the annual report under section 101(a)(3). The implementation roadmap shall--

``(i) specify the role of each Federal agency in carrying out or sponsoring research and development to meet the research objectives of the strategic plan, including a description of how progress toward the research objectives will be evaluated, with consideration of any relevant recommendations of the advisory committee;

``(ii) specify the funding allocated to each major research objective of the strategic plan and the source of funding by agency for the current fiscal year; and

``(iii) estimate the funding required for each major research objective of the strategic plan for the next 3 fiscal years.

``(4) Recommendations.--The agencies under subsection

(a)(3)(B) shall take into consideration when developing the strategic plan under paragraph (1) the recommendations of--

``(A) the advisory committee under subsection (b); and

``(B) the stakeholders under section 102(a)(3).

``(5) Report to congress.--The Director of the Office of Science and Technology Policy shall transmit the strategic plan under this subsection, including the implementation roadmap and any updates under paragraph (3), to--

``(A) the advisory committee under subsection (b);

``(B) the Committee on Commerce, Science, and Transportation of the Senate; and

``(C) the Committee on Science and Technology of the House of Representatives.''.

(c) Periodic Reviews.--Section 101 of the High-Performance Computing Act of 1991 (15 U.S.C. 5511) is amended by adding at the end the following:

``(f) Periodic Reviews.--The agencies under subsection

(a)(3)(B) shall--

``(1) periodically assess the contents and funding levels of the Program Component Areas and restructure the Program when warranted, taking into consideration any relevant recommendations of the advisory committee under subsection

(b); and

``(2) ensure that the Program includes national, multi-agency, multi-faceted research and development activities, including activities described in section 104.''.

(d) Additional Responsibilities of Director.--Section 101(a)(2) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(a)(2)) is amended--

(1) by redesignating subparagraphs (E) and (F) as subparagraphs (G) and (H), respectively; and

(2) by inserting after subparagraph (D) the following:

``(E) encourage and monitor the efforts of the agencies participating in the Program to allocate the level of resources and management attention necessary--

``(i) to ensure that the strategic plan under subsection

(e) is developed and executed effectively; and

``(ii) to ensure that the objectives of the Program are met;

``(F) working with the Office of Management and Budget and in coordination with the creation of the database under section 102(c), direct the Office of Science and Technology Policy and the agencies participating in the Program to establish a mechanism (consistent with existing law) to track all ongoing and completed research and development projects and associated funding;''.

(e) Advisory Committee.--Section 101(b) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(b)) is amended--

(1) in paragraph (1)--

(A) by inserting after the first sentence the following:

``The co-chairs of the advisory committee shall meet the qualifications of committee members and may be members of the Presidents Council of Advisors on Science and Technology.''; and

(B) by striking ``high-performance'' in subparagraph (D) and inserting ``high-end''; and

(2) by amending paragraph (2) to read as follows:

``(2) In addition to the duties under paragraph (1), the advisory committee shall conduct periodic evaluations of the funding, management, coordination, implementation, and activities of the Program. The advisory committee shall report its findings and recommendations not less frequently than once every 3 fiscal years to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives. The report shall be submitted in conjunction with the update of the strategic plan.''.

(f) Report.--Section 101(a)(3) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(a)(3)) is amended--

(1) in subparagraph (C)--

(A) by striking ``is submitted,'' and inserting ``is submitted, the levels for the previous fiscal year,''; and

(B) by striking ``each Program Component Area'' and inserting ``each Program Component Area and each research area supported in accordance with section 104'';

(2) in subparagraph (D)--

(A) by striking ``each Program Component Area,'' and inserting ``each Program Component Area and each research area supported in accordance with section 104,'';

(B) by striking ``is submitted,'' and inserting ``is submitted, the levels for the previous fiscal year,''; and

(3) by redesignating subparagraph (E) as subparagraph (G); and

(4) by inserting after subparagraph (D) the following:

``(E) include a description of how the objectives for each Program Component Area, and the objectives for activities that involve multiple Program Component Areas, relate to the objectives of the Program identified in the strategic plan under subsection (e);

``(F) include--

``(i) a description of the funding required by the Office of Science and Technology Policy to perform the functions under subsections (a) and (c) of section 102 for the next fiscal year by category of activity;

``(ii) a description of the funding required by the Office of Science and Technology Policy to perform the functions under subsections (a) and (c) of section 102 for the current fiscal year by category of activity; and

``(iii) the amount of funding provided for the Office of Science and Technology Policy for the current fiscal year by each agency participating in the Program; and''.

(g) Definitions.--Section 4 of the High-Performance Computing Act of 1991 (15 U.S.C. 5503) is amended--

(1) by redesignating paragraphs (1) and (2) as paragraphs

(2) and (3), respectively;

(2) by redesignating paragraph (3) as paragraph (6);

(3) by redesignating paragraphs (6) and (7) as paragraphs

(7) and (8), respectively;

(4) by inserting before paragraph (2), as redesignated, the following:

``(1) `cyber-physical systems' means physical or engineered systems whose networking and information technology functions and physical elements are deeply integrated and are actively connected to the physical world through sensors, actuators, or other means to perform monitoring and control functions;'';

(5) in paragraph (3), as redesignated, by striking ``high-performance computing'' and inserting ``networking and information technology'';

(6) in paragraph (6), as redesignated--

(A) by striking ``high-performance computing'' and inserting ``networking and information technology''; and

(B) by striking ``supercomputer'' and inserting ``high-end computing'';

(7) in paragraph (5), by striking ``network referred to as'' and all that follows through the semicolon and inserting

``network, including advanced computer networks of Federal agencies and departments''; and

(8) in paragraph (7), as redesignated, by striking

``National High-Performance Computing Program'' and inserting

``networking and information technology research and development program''.

SEC. 402. RESEARCH IN AREAS OF NATIONAL IMPORTANCE.

(a) Research in Areas of National Importance.--Title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended by adding at the end the following:

``SEC. 104. RESEARCH IN AREAS OF NATIONAL IMPORTANCE.

``(a) In General.--The Program shall encourage agencies under section 101(a)(3)(B) to support, maintain, and improve national, multi-agency, multi-faceted, research and development activities in networking and information technology directed toward application areas that have the potential for significant contributions to national economic competitiveness and for other significant societal benefits.

``(b) Technical Solutions.--An activity under subsection

(a) shall be designed to advance the development of research discoveries by demonstrating technical solutions to important problems in areas including--

``(1) cybersecurity;

``(2) health care;

``(3) energy management and low-power systems and devices;

``(4) transportation, including surface and air transportation;

``(5) cyber-physical systems;

``(6) large-scale data analysis and modeling of physical phenomena;

``(7) large scale data analysis and modeling of behavioral phenomena;

``(8) supply chain quality and security; and

``(9) privacy protection and protected disclosure of confidential data.

``(c) Recommendations.--The advisory committee under section 101(b) shall make recommendations to the Program for candidate research and development areas for support under this section.

``(d) Characteristics.--

``(1) In general.--Research and development activities under this section--

``(A) shall include projects selected on the basis of applications for support through a competitive, merit-based process;

``(B) shall leverage, when possible, Federal investments through collaboration with related State initiatives;

``(C) shall include a plan for fostering the transfer of research discoveries and the results of technology demonstration activities, including from institutions of higher education and Federal laboratories, to industry for commercial development;

``(D) shall involve collaborations among researchers in institutions of higher education and industry; and

``(E) may involve collaborations among nonprofit research institutions and Federal laboratories, as appropriate.

``(2) Cost-sharing.--In selecting applications for support, the agencies under section 101(a)(3)(B) shall give special consideration to projects that include cost sharing from non-Federal sources.

``(3) Multidisciplinary research centers.--Research and development activities under this section shall be supported through multidisciplinary research centers, including Federal laboratories, that are organized to investigate basic research questions and carry out technology demonstration activities in areas described in subsection (a). Research may be carried out through existing multidisciplinary centers, including those authorized under section 7024(b)(2) of the America COMPETES Act (42 U.S.C. 1862o-10(2)).''.

(b) Cyber-Physical Systems.--Section 101(a)(1) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(a)(1)) is amended--

(1) in subparagraph (H), by striking ``and'' after the semicolon;

(2) in subparagraph (I), by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following:

``(J) provide for increased understanding of the scientific principles of cyber-physical systems and improve the methods available for the design, development, and operation of cyber-physical systems that are characterized by high reliability, safety, and security; and

``(K) provide for research and development on human-computer interactions, visualization, and big data.''.

(c) Task Force.--Title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.), as amended by section 402(a) of this Act, is amended by adding at the end the following:

``SEC. 105. TASK FORCE.

``(a) Establishment.--Not later than 180 days after the date of enactment the Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2012, the Director of the Office of Science and Technology Policy under section 102 shall convene a task force to explore mechanisms for carrying out collaborative research and development activities for cyber-physical systems (including the related technologies required to enable these systems) through a consortium or other appropriate entity with participants from institutions of higher education, Federal laboratories, and industry.

``(b) Functions.--The task force shall--

``(1) develop options for a collaborative model and an organizational structure for such entity under which the joint research and development activities could be planned, managed, and conducted effectively, including mechanisms for the allocation of resources among the participants in such entity for support of such activities;

``(2) propose a process for developing a research and development agenda for such entity, including guidelines to ensure an appropriate scope of work focused on nationally significant challenges and requiring collaboration and to ensure the development of related scientific and technological milestones;

``(3) define the roles and responsibilities for the participants from institutions of higher education, Federal laboratories, and industry in such entity;

``(4) propose guidelines for assigning intellectual property rights and for transferring research results to the private sector; and

``(5) make recommendations for how such entity could be funded from Federal, State, and non-governmental sources.

``(c) Composition.--In establishing the task force under subsection (a), the Director of the Office of Science and Technology Policy shall appoint an equal number of individuals from institutions of higher education and from industry with knowledge and expertise in cyber-physical systems, and may appoint not more than 2 individuals from Federal laboratories.

``(d) Report.--Not later than 1 year after the date of enactment of the Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2012, the Director of the Office of Science and Technology Policy shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives a report describing the findings and recommendations of the task force.

``(e) Termination.--The task force shall terminate upon transmittal of the report required under subsection (d).

``(f) Compensation and Expenses.--Members of the task force shall serve without compensation.''.

SEC. 403. PROGRAM IMPROVEMENTS.

Section 102 of the High-Performance Computing Act of 1991

(15 U.S.C. 5512) is amended to read as follows:

``SEC. 102. PROGRAM IMPROVEMENTS.

``(a) Functions.--The Director of the Office of Science and Technology Policy shall continue--

``(1) to provide technical and administrative support to--

``(A) the agencies participating in planning and implementing the Program, including support needed to develop the strategic plan under section 101(e); and

``(B) the advisory committee under section 101(b);

``(2) to serve as the primary point of contact on Federal networking and information technology activities for government agencies, academia, industry, professional societies, State computing and networking technology programs, interested citizen groups, and others to exchange technical and programmatic information;

``(3) to solicit input and recommendations from a wide range of stakeholders during the development of each strategic plan under section 101(e) by convening at least 1 workshop with invitees from academia, industry, Federal laboratories, and other relevant organizations and institutions;

``(4) to conduct public outreach, including the dissemination of the advisory committee's findings and recommendations, as appropriate;

``(5) to promote access to and early application of the technologies, innovations, and expertise derived from Program activities to agency missions and systems across the Federal Government and to United States industry;

``(6) to ensure accurate and detailed budget reporting of networking and information technology research and development investment; and

``(7) to encourage agencies participating in the Program to use existing programs and resources to strengthen networking and information technology education and training, and increase participation in such fields, including by women and underrepresented minorities.

``(b) Source of Funding.--

``(1) In general.--The functions under this section shall be supported by funds from each agency participating in the Program.

``(2) Specifications.--The portion of the total budget of the Office of Science and Technology Policy that is provided by each agency participating in the Program for each fiscal year shall be in the same proportion as each agency's share of the total budget for the Program for the previous fiscal year, as specified in the database under section 102(c).

``(c) Database.--

``(1) In general.--The Director of the Office of Science and Technology Policy shall develop and maintain a database of projects funded by each agency for the fiscal year for each Program Component Area.

``(2) Public accessibility.--The Director of the Office of Science and Technology Policy shall make the database accessible to the public.

``(3) Database contents.--The database shall include, for each project in the database--

``(A) a description of the project;

``(B) each agency, industry, institution of higher education, Federal laboratory, or international institution involved in the project;

``(C) the source funding of the project (set forth by agency);

``(D) the funding history of the project; and

``(E) whether the project has been completed.''.

SEC. 404. IMPROVING EDUCATION OF NETWORKING AND INFORMATION

TECHNOLOGY, INCLUDING HIGH PERFORMANCE

COMPUTING.

Section 201(a) of the High-Performance Computing Act of 1991 (15 U.S.C. 5521(a)) is amended--

(1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and

(2) by inserting after paragraph (1) the following:

``(2) the National Science Foundation shall use its existing programs, in collaboration with other agencies, as appropriate, to improve the teaching and learning of networking and information technology at all levels of education and to increase participation in networking and information technology fields;''.

SEC. 405. CONFORMING AND TECHNICAL AMENDMENTS TO THE HIGH-

PERFORMANCE COMPUTING ACT OF 1991.

(a) Section 3.--Section 3 of the High-Performance Computing Act of 1991 (15 U.S.C. 5502) is amended--

(1) in the matter preceding paragraph (1), by striking

``high-performance computing'' and inserting ``networking and information technology'';

(2) in paragraph (1)--

(A) in the matter preceding subparagraph (A), by striking

``high-performance computing'' and inserting ``networking and information technology'';

(B) in subparagraphs (A), (F), and (G), by striking ``high-performance computing'' each place it appears and inserting

``networking and information technology''; and

(3) in paragraph (2)--

(A) by striking ``high-performance computing and'' and inserting ``networking and information technology, and''; and

(B) by striking ``high-performance computing network'' and inserting ``networking and information technology''.

(b) Title Heading.--The heading of title I of the High-Performance Computing Act of 1991 (105 Stat. 1595) is amended by striking ``HIGH-PERFORMANCE COMPUTING'' and inserting

``NETWORKING AND INFORMATION TECHNOLOGY''.

(1) in the section heading, by striking ``high-performance computing'' and inserting ``networking and information technology research and development'';

(2) in subsection (a)--

(A) in the subsection heading, by striking ``National High-Performance Computing'' and inserting ``Networking and Information Technology Research and Development'';

(B) in paragraph (1)--

(i) by striking ``National High-Performance Computing Program'' and inserting ``networking and information technology research and development program'';

(ii) in subparagraph (A), by striking ``high-performance computing, including networking'' and inserting ``networking and information technology'';

(iii) in subparagraphs (B) and (G), by striking ``high-performance'' each place it appears and inserting ``high-end''; and

(iv) in subparagraph (C), by striking ``high-performance computing and networking'' and inserting ``high-end computing, distributed, and networking''; and

(i) in subparagraphs (A) and (C)--

(I) by striking ``high-performance computing'' each place it appears and inserting ``networking and information technology''; and

(II) by striking ``development, networking,'' each place it appears and inserting ``development,''; and

(ii) in subparagraphs (G) and (H), as redesignated by section 401(d) of this Act, by striking ``high-performance'' each place it appears and inserting ``high-end'';

(3) in subsection (b)(1), in the matter preceding subparagraph (A), by striking ``high-performance computing'' each place it appears and inserting ``networking and information technology''; and

(4) in subsection (c)(1)(A), by striking ``high-performance computing'' and inserting ``networking and information technology''.

(d) Section 201.--Section 201(a)(1) of the High-Performance Computing Act of 1991 (15 U.S.C. 5521(a)(1)) is amended by striking ``high-performance computing and advanced high-speed computer networking'' and inserting ``networking and information technology research and development''.

(e) Section 202.--Section 202(a) of the High-Performance Computing Act of 1991 (15 U.S.C. 5522(a)) is amended by striking ``high-performance computing'' and inserting

``networking and information technology''.

(f) Section 203.--Section 203(a) of the High-Performance Computing Act of 1991 (15 U.S.C. 5523(a)) is amended--

(1) in paragraph (1), by striking ``high-performance computing and networking'' and inserting ``networking and information technology''; and

(2) in paragraph (2)(A), by striking ``high-performance'' and inserting ``high-end''.

(g) Section 204.--Section 204 of the High-Performance Computing Act of 1991 (15 U.S.C. 5524) is amended--

(1) in subsection (a)(1)--

(A) in subparagraph (A), by striking ``high-performance computing systems and networks'' and inserting ``networking and information technology systems and capabilities'';

(B) in subparagraph (B), by striking ``interoperability of high-performance computing systems in networks and for common user interfaces to systems'' and inserting ``interoperability and usability of networking and information technology systems''; and

(C) in subparagraph (C), by striking ``high-performance computing'' and inserting ``networking and information technology''; and

(2) in subsection (b)--

(A) by striking ``High-Performance Computing and Network'' in the heading and inserting ``Networking and Information Technology''; and

(B) by striking ``sensitive''.

(h) Section 205.--Section 205(a) of the High-Performance Computing Act of 1991 (15 U.S.C. 5525(a)) is amended by striking ``computational'' and inserting ``networking and information technology''.

(i) Section 206.--Section 206(a) of the High-Performance Computing Act of 1991 (15 U.S.C. 5526(a)) is amended by striking ``computational research'' and inserting

``networking and information technology research''.

(j) Section 207.--Section 207 of the High-Performance Computing Act of 1991 (15 U.S.C. 5527) is amended by striking

``high-performance computing'' and inserting ``networking and information technology''.

(k) Section 208.--Section 208 of the High-Performance Computing Act of 1991 (15 U.S.C. 5528) is amended--

(1) in the section heading, by striking ``high-performance computing'' and inserting ``networking and information technology''; and

(2) in subsection (a)--

(A) in paragraph (1), by striking ``High-performance computing and associated'' and inserting ``Networking and information'';

(B) in paragraph (2), by striking ``high-performance computing'' and inserting ``networking and information technologies'';

(D) in paragraph (4), by striking ``high-performance computers and associated'' and inserting ``networking and information''; and

(E) in paragraph (5), by striking ``high-performance computing and associated'' and inserting ``networking and information''.

SEC. 406. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.

(a) In General.--The Director of the National Science Foundation, in coordination with the Secretary of Homeland Security, shall carry out a Federal cyber scholarship-for-service program to recruit and train the next generation of information technology professionals and security managers to meet the needs of the cybersecurity mission for the Federal government.

(b) Program Description and Components.--The program shall--

(1) annually assess the workforce needs of the Federal government for cybersecurity professionals, including network engineers, software engineers, and other experts in order to determine how many scholarships should be awarded annually to ensure that the workforce needs following graduation match the number of scholarships awarded;

(2) provide scholarships for up to 1,000 students per year in their pursuit of undergraduate or graduate degrees in the cybersecurity field, in an amount that may include coverage for full tuition, fees, and a stipend;

(3) require each scholarship recipient, as a condition of receiving a scholarship under the program, to serve in a Federal information technology workforce for a period equal to one and one-half times each year, or partial year, of scholarship received, in addition to an internship in the cybersecurity field, if applicable, following graduation;

(4) provide a procedure for the National Science Foundation or a Federal agency, consistent with regulations of the Office of Personnel Management, to request and fund a security clearance for a scholarship recipient, including providing for clearance during a summer internship and upon graduation; and

(5) provide opportunities for students to receive temporary appointments for meaningful employment in the Federal information technology workforce during school vacation periods and for internships.

(1) In general.--For purposes of any law or regulation governing the appointment of an individual in the Federal civil service, upon the successful completion of the student's studies, a student receiving a scholarship under the program may--

(A) be hired under section 213.3102(r) of title 5, Code of Federal Regulations; and

(B) be exempt from competitive service.

(2) Competitive service.--Upon satisfactory fulfillment of the service term under paragraph (1), an individual may be converted to a competitive service position without competition if the individual meets the requirements for that position.

(d) Eligibility.--The eligibility requirements for a scholarship under this section shall include that a scholarship applicant--

(1) be a citizen of the United States;

(2) be eligible to be granted a security clearance;

(3) maintain a grade point average of 3.2 or above on a 4.0 scale for undergraduate study or a 3.5 or above on a 4.0 scale for postgraduate study;

(4) demonstrate a commitment to a career in improving the security of the information infrastructure; and

(5) has demonstrated a level of proficiency in math or computer sciences.

(e) Failure to Complete Service Obligation.--

(1) In general.--A scholarship recipient under this section shall be liable to the United States under paragraph (2) if the scholarship recipient--

(A) fails to maintain an acceptable level of academic standing in the educational institution in which the individual is enrolled, as determined by the Director;

(B) is dismissed from such educational institution for disciplinary reasons;

(D) declares that the individual does not intend to fulfill the service obligation under this section;

(E) fails to fulfill the service obligation of the individual under this section; or

(F) loses a security clearance or becomes ineligible for a security clearance.

(2) Repayment amounts.--

(A) Less than 1 year of service.--If a circumstance under paragraph (1) occurs before the completion of 1 year of a service obligation under this section, the total amount of awards received by the individual under this section shall be repaid.

(B) One or more years of service.--If a circumstance described in subparagraph (D) or (E) of paragraph (1) occurs after the completion of 1 year of a service obligation under this section, the total amount of scholarship awards received by the individual under this section, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall be repaid.

(f) Evaluation and Report.--The Director of the National Science Foundation shall--

(1) evaluate the success of recruiting individuals for scholarships under this section and of hiring and retaining those individuals in the public sector workforce, including the annual cost and an assessment of how the program actually improves the Federal workforce; and

(2) periodically report the findings under paragraph (1) to Congress.

(g) Authorization of Appropriations.--From amounts made available under section 503 of the America COMPETES Reauthorization Act of 2010 (124 Stat. 4005), the Director may use funds to carry out the requirements of this section for fiscal years 2012 through 2013.

SEC. 407. STUDY AND ANALYSIS OF CERTIFICATION AND TRAINING OF

INFORMATION INFRASTRUCTURE PROFESSIONALS.

(a) Study.--The President shall enter into an agreement with the National Academies to conduct a comprehensive study of government, academic, and private-sector accreditation, training, and certification programs for personnel working in information infrastructure. The agreement shall require the National Academies to consult with sector coordinating councils and relevant governmental agencies, regulatory entities, and nongovernmental organizations in the course of the study.

(b) Scope.--The study shall include--

(1) an evaluation of the body of knowledge and various skills that specific categories of personnel working in information infrastructure should possess in order to secure information systems;

(2) an assessment of whether existing government, academic, and private-sector accreditation, training, and certification programs provide the body of knowledge and various skills described in paragraph (1);

(3) an analysis of any barriers to the Federal Government recruiting and hiring cybersecurity talent, including barriers relating to compensation, the hiring process, job classification, and hiring flexibility; and

(4) an analysis of the sources and availability of cybersecurity talent, a comparison of the skills and expertise sought by the Federal Government and the private sector, an examination of the current and future capacity of United States institutions of higher education, including community colleges, to provide current and future cybersecurity professionals, through education and training activities, with those skills sought by the Federal Government, State and local entities, and the private sector.

(c) Report.--Not later than 1 year after the date of enactment of this Act, the National Academies shall submit to the President and Congress a report on the results of the study. The report shall include--

(1) findings regarding the state of information infrastructure accreditation, training, and certification programs, including specific areas of deficiency and demonstrable progress; and

(2) recommendations for the improvement of information infrastructure accreditation, training, and certification programs.

SEC. 408. INTERNATIONAL CYBERSECURITY TECHNICAL STANDARDS.

(a) In General.--The Director of the National Institute of Standards and Technology, in coordination with appropriate Federal authorities, shall--

(1) as appropriate, ensure coordination of Federal agencies engaged in the development of international technical standards related to information system security; and

(2) not later than 1 year after the date of enactment of this Act, develop and transmit to Congress a plan for ensuring such Federal agency coordination.

(b) Consultation With the Private Sector.--In carrying out the activities under subsection (a)(1), the Director shall ensure consultation with appropriate private sector stakeholders.

SEC. 409. IDENTITY MANAGEMENT RESEARCH AND DEVELOPMENT.

The Director of the National Institute of Standards and Technology shall continue a program to support the development of technical standards, metrology, testbeds, and conformance criteria, taking into account appropriate user concerns--

(1) to improve interoperability among identity management technologies;

(2) to strengthen authentication methods of identity management systems;

(3) to improve privacy protection in identity management systems, including health information technology systems, through authentication and security protocols; and

(4) to improve the usability of identity management systems.

SEC. 410. FEDERAL CYBERSECURITY RESEARCH AND DEVELOPMENT.

(a) National Science Foundation Computer and Network Security Research Grant Areas.--Section 4(a)(1) of the Cyber Security Research and Development Act (15 U.S.C. 7403(a)(1)) is amended--

(1) in subparagraph (H), by striking ``and'' after the semicolon;

(2) in subparagraph (I), by striking ``property.'' and inserting ``property;''; and

(3) by adding at the end the following:

``(J) secure fundamental protocols that are at the heart of inter-network communications and data exchange;

``(K) system security that addresses the building of secure systems from trusted and untrusted components;

``(L) monitoring and detection; and

``(M) resiliency and rapid recovery methods.''.

(b) National Science Foundation Computer and Network Security Grants.--Section 4(a)(3) of the Cyber Security Research and Development Act (15 U.S.C. 7403(a)(3)) is amended--

(1) in subparagraph (D), by striking ``and'';

(2) in subparagraph (E), by striking ``2007.'' and inserting ``2007;''; and

(3) by adding at the end the following:

``(F) such funds from amounts made available under section 503 of the America COMPETES Reauthorization Act of 2010 (124 Stat. 4005), as the Director finds necessary to carry out the requirements of this subsection for fiscal years 2012 through 2013.''.

(c) Computer and Network Security Centers.--Section 4(b)(7) of the Cyber Security Research and Development Act (15 U.S.C. 7403(b)(7)) is amended--

(1) in subparagraph (D), by striking ``and'';

(2) in subparagraph (E), by striking ``2007.'' and inserting ``2007;''; and

(3) by adding at the end the following:

(d) Computer and Network Security Capacity Building Grants.--Section 5(a)(6) of the Cyber Security Research and Development Act (15 U.S.C. 7404(a)(6)) is amended--

(1) in subparagraph (D), by striking ``and'';

(2) in subparagraph (E), by striking ``2007.'' and inserting ``2007;''; and

(3) by adding at the end the following:

(e) Scientific and Advanced Technology Act Grants.--Section 5(b)(2) of the Cyber Security Research and Development Act

(15 U.S.C. 7404(b)(2)) is amended--

(1) in subparagraph (D), by striking ``and'';

(2) in subparagraph (E), by striking ``2007.'' and inserting ``2007;''; and

(3) by adding at the end the following:

(f) Graduate Traineeships in Computer and Network Security Research.--Section 5(c)(7) of the Cyber Security Research and Development Act (15 U.S.C. 7404(c)(7)) is amended--

(1) in subparagraph (D), by striking ``and'';

(2) in subparagraph (E), by striking ``2007.'' and inserting ``2007;''; and

(3) by adding at the end the following:

______

SA 2693. Mr. COATS submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

On page 118, line 16, insert ``, including legal and behavioral impediments to deployment of proven security policies'' before the semicolon.

______

SA 2694. Mr. COATS submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

On page 118, line 25, strike ``and'' and all that follows through page 119, line 2, and insert the following:

(7) affiliation with existing research programs of the Federal Government;

(8) demonstrated expertise in cybersecurity law, including the legal impediments to adoption of proven security processes; and

(9) demonstrated expertise in social and behavioral research that can assist in developing policies and incentives to help protect against cyber attacks.

______

SA 2695. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. NOTICE REQUIRED PRIOR TO TRANSFER OF CERTAIN

INDIVIDUALS DETAINED AT THE DETENTION FACILITY

AT PARWAN, AFGHANISTAN.

(a) Notice Required.--The Secretary of Defense shall submit to the appropriate congressional committees notice in writing of the proposed transfer of any individual detained pursuant to the Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note) who is a national of a country other than the United States or Afghanistan from detention at the Detention Facility at Parwan, Afghanistan, to the custody of the Government of Afghanistan or of any other country. Such notice shall be provided not later than 10 days before such a transfer may take place.

(b) Additional Assessments and Certifications.--As part of the notice required under subsection (a), the Secretary shall include the following:

(1) In the case of the proposed transfer of such an individual by reason of the individual being released, an assessment of the threat posed by the individual and the security environment of the country to which the individual is to be transferred.

(2) In the case of the proposed transfer of such an individual to a country other than Afghanistan for the purpose of the prosecution of the individual, a certification that an assessment has been conducted regarding the capacity, willingness, and historical track record of the country with respect to prosecuting similar cases, including a description of the evidence against the individual that is likely to be admissible as part of the prosecution.

(3) In the case of the proposed transfer of such an individual for reintegration or rehabilitation in a country other than Afghanistan, a certification that an assessment has been conducted regarding the capacity, willingness, and historical track record of the country for reintegrating or rehabilitating similar individuals.

(4) In the case of the proposed transfer of such an individual to the custody of the government of Afghanistan for prosecution or detention, a certification that an assessment has been conducted regarding the capacity, willingness, and historical track record of Afghanistan to prosecute or detain long-term such individuals.

(c) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means--

(1) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives; and

(2) the Committee on Armed Services and the Committee on Foreign Relations of the Senate.

______

SA 2696. Mr. McCAIN (for himself, Mrs. Hutchison, Mr. Chambliss, Mr. Grassley, Ms. Murkowski, Mr. Coats, Mr. Burr, and Mr. Johnson of Wisconsin) submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows: