[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2519 Enrolled Bill (ENR)]
S.2519
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To codify an existing operations center for cybersecurity.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Cybersecurity Protection
Act of 2014''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Center'' means the national cybersecurity and
communications integration center under section 226 of the Homeland
Security Act of 2002, as added by section 3;
(2) the term ``critical infrastructure'' has the meaning given
that term in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101);
(3) the term ``cybersecurity risk'' has the meaning given that
term in section 226 of the Homeland Security Act of 2002, as added
by section 3;
(4) the term ``information sharing and analysis organization''
has the meaning given that term in section 212(5) of the Homeland
Security Act of 2002 (6 U.S.C. 131(5));
(5) the term ``information system'' has the meaning given that
term in section 3502(8) of title 44, United States Code; and
(6) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 3. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER.
(a) In General.--Subtitle C of title II of the Homeland Security
Act of 2002 (6 U.S.C. 141 et seq.) is amended by adding at the end the
following:
``SEC. 226. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION
CENTER.
``(a) Definitions.--In this section--
``(1) the term `cybersecurity risk' means threats to and
vulnerabilities of information or information systems and any
related consequences caused by or resulting from unauthorized
access, use, disclosure, degradation, disruption, modification, or
destruction of information or information systems, including such
related consequences caused by an act of terrorism;
``(2) the term `incident' means an occurrence that--
``(A) actually or imminently jeopardizes, without lawful
authority, the integrity, confidentiality, or availability of
information on an information system; or
``(B) constitutes a violation or imminent threat of
violation of law, security policies, security procedures, or
acceptable use policies;
``(3) the term `information sharing and analysis organization'
has the meaning given that term in section 212(5); and
``(4) the term `information system' has the meaning given that
term in section 3502(8) of title 44, United States Code.
``(b) Center.--There is in the Department a national cybersecurity
and communications integration center (referred to in this section as
the `Center') to carry out certain responsibilities of the Under
Secretary appointed under section 103(a)(1)(H).
``(c) Functions.--The cybersecurity functions of the Center shall
include--
``(1) being a Federal civilian interface for the multi-
directional and cross-sector sharing of information related to
cybersecurity risks, incidents, analysis, and warnings for Federal
and non-Federal entities;
``(2) providing shared situational awareness to enable real-
time, integrated, and operational actions across the Federal
Government and non-Federal entities to address cybersecurity risks
and incidents to Federal and non-Federal entities;
``(3) coordinating the sharing of information related to
cybersecurity risks and incidents across the Federal Government;
``(4) facilitating cross-sector coordination to address
cybersecurity risks and incidents, including cybersecurity risks
and incidents that may be related or could have consequential
impacts across multiple sectors;
``(5)(A) conducting integration and analysis, including cross-
sector integration and analysis, of cybersecurity risks and
incidents; and
``(B) sharing the analysis conducted under subparagraph (A)
with Federal and non-Federal entities;
``(6) upon request, providing timely technical assistance, risk
management support, and incident response capabilities to Federal
and non-Federal entities with respect to cybersecurity risks and
incidents, which may include attribution, mitigation, and
remediation; and
``(7) providing information and recommendations on security and
resilience measures to Federal and non-Federal entities, including
information and recommendations to--
``(A) facilitate information security; and
``(B) strengthen information systems against cybersecurity
risks and incidents.
``(d) Composition.--
``(1) In general.--The Center shall be composed of--
``(A) appropriate representatives of Federal entities, such
as--
``(i) sector-specific agencies;
``(ii) civilian and law enforcement agencies; and
``(iii) elements of the intelligence community, as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4));
``(B) appropriate representatives of non-Federal entities,
such as--
``(i) State and local governments;
``(ii) information sharing and analysis organizations;
and
``(iii) owners and operators of critical information
systems;
``(C) components within the Center that carry out
cybersecurity and communications activities;
``(D) a designated Federal official for operational
coordination with and across each sector; and
``(E) other appropriate representatives or entities, as
determined by the Secretary.
``(2) Incidents.--In the event of an incident, during exigent
circumstances the Secretary may grant a Federal or non-Federal
entity immediate temporary access to the Center.
``(e) Principles.--In carrying out the functions under subsection
(c), the Center shall ensure--
``(1) to the extent practicable, that--
``(A) timely, actionable, and relevant information related
to cybersecurity risks, incidents, and analysis is shared;
``(B) when appropriate, information related to
cybersecurity risks, incidents, and analysis is integrated with
other relevant information and tailored to the specific
characteristics of a sector;
``(C) activities are prioritized and conducted based on the
level of risk;
``(D) industry sector-specific, academic, and national
laboratory expertise is sought and receives appropriate
consideration;
``(E) continuous, collaborative, and inclusive coordination
occurs--
``(i) across sectors; and
``(ii) with--
``(I) sector coordinating councils;
``(II) information sharing and analysis
organizations; and
``(III) other appropriate non-Federal partners;
``(F) as appropriate, the Center works to develop and use
mechanisms for sharing information related to cybersecurity
risks and incidents that are technology-neutral, interoperable,
real-time, cost-effective, and resilient; and
``(G) the Center works with other agencies to reduce
unnecessarily duplicative sharing of information related to
cybersecurity risks and incidents;
``(2) that information related to cybersecurity risks and
incidents is appropriately safeguarded against unauthorized access;
and
``(3) that activities conducted by the Center comply with all
policies, regulations, and laws that protect the privacy and civil
liberties of United States persons.
``(f) No Right or Benefit.--
``(1) In general.--The provision of assistance or information
to, and inclusion in the Center of, governmental or private
entities under this section shall be at the sole and unreviewable
discretion of the Under Secretary appointed under section
103(a)(1)(H).
``(2) Certain assistance or information.--The provision of
certain assistance or information to, or inclusion in the Center
of, one governmental or private entity pursuant to this section
shall not create a right or benefit, substantive or procedural, to
similar assistance or information for any other governmental or
private entity.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note)
is amended by inserting after the item relating to section 225 the
following:
``Sec. 226. National cybersecurity and communications integration
center.''.
SEC. 4. RECOMMENDATIONS REGARDING NEW AGREEMENTS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit recommendations on
how to expedite the implementation of information-sharing agreements
for cybersecurity purposes between the Center and non-Federal entities
(referred to in this section as ``cybersecurity information-sharing
agreements'') to--
(1) the Committee on Homeland Security and Governmental Affairs
and the Committee on the Judiciary of the Senate; and
(2) the Committee on Homeland Security and the Committee on the
Judiciary of the House of Representatives.
(b) Contents.--In submitting recommendations under subsection (a),
the Secretary shall--
(1) address the development and utilization of a scalable form
that retains all privacy and other protections in cybersecurity
information-sharing agreements that are in effect as of the date on
which the Secretary submits the recommendations, including
Cooperative Research and Development Agreements; and
(2) include in the recommendations any additional authorities
or resources that may be needed to carry out the implementation of
any new cybersecurity information-sharing agreements.
SEC. 5. ANNUAL REPORT.
Not later than 1 year after the date of enactment of this Act, and
every year thereafter for 3 years, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate, the Committee on Homeland
Security and the Committee on the Judiciary of the House of
Representatives, and the Comptroller General of the United States a
report on the Center, which shall include--
(a) information on the Center, including--
(1) an assessment of the capability and capacity of the Center
to carry out its cybersecurity mission under this Act;
(2) the number of representatives from non-Federal entities
that are participating in the Center, including the number of
representatives from States, nonprofit organizations, and private
sector entities, respectively;
(3) the number of requests from non-Federal entities to
participate in the Center and the response to such requests;
(4) the average length of time taken to resolve requests
described in paragraph (3);
(5) the identification of--
(A) any delay in resolving requests described in paragraph
(3) involving security clearance processing; and
(B) the agency involved with a delay described in
subparagraph (A);
(6) a description of any other obstacles or challenges to
resolving requests described in paragraph (3) and a summary of the
reasons for denials of any such requests;
(7) the extent to which the Department is engaged in
information sharing with each critical infrastructure sector,
including--
(A) the extent to which each sector has representatives at
the Center;
(B) the extent to which owners and operators of critical
infrastructure in each critical infrastructure sector
participate in information sharing at the Center; and
(C) the volume and range of activities with respect to
which the Secretary has collaborated with the sector
coordinating councils and the sector-specific agencies to
promote greater engagement with the Center; and
(8) the policies and procedures established by the Center to
safeguard privacy and civil liberties.
SEC. 6. GAO REPORT.
Not later than 2 years after the date of enactment of this Act, the
Comptroller General of the United States shall submit to the Committee
on Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives a report
on the effectiveness of the Center in carrying out its cybersecurity
mission.
SEC. 7. CYBER INCIDENT RESPONSE PLAN; CLEARANCES; BREACHES.
(a) Cyber Incident Response Plan; Clearances.--Subtitle C of title
II of the Homeland Security Act of 2002 (6 U.S.C. 141 et seq.), as
amended by section 3, is amended by adding at the end the following:
``SEC. 227. CYBER INCIDENT RESPONSE PLAN.
``The Under Secretary appointed under section 103(a)(1)(H) shall,
in coordination with appropriate Federal departments and agencies,
State and local governments, sector coordinating councils, information
sharing and analysis organizations (as defined in section 212(5)),
owners and operators of critical infrastructure, and other appropriate
entities and individuals, develop, regularly update, maintain, and
exercise adaptable cyber incident response plans to address
cybersecurity risks (as defined in section 226) to critical
infrastructure.
``SEC. 228. CLEARANCES.
``The Secretary shall make available the process of application for
security clearances under Executive Order 13549 (75 Fed. Reg. 162;
relating to a classified national security information program) or any
successor Executive Order to appropriate representatives of sector
coordinating councils, sector information sharing and analysis
organizations (as defined in section 212(5)), owners and operators of
critical infrastructure, and any other person that the Secretary
determines appropriate.''.
(b) Breaches.--
(1) Requirements.--The Director of the Office of Management and
Budget shall ensure that data breach notification policies and
guidelines are updated periodically and require--
(A) except as provided in paragraph (4), notice by the
affected agency to each committee of Congress described in
section 3544(c)(1) of title 44, United States Code, the
Committee on the Judiciary of the Senate, and the Committee on
Homeland Security and the Committee on the Judiciary of the
House of Representatives, which shall--
(i) be provided expeditiously and not later than 30
days after the date on which the agency discovered the
unauthorized acquisition or access; and
(ii) include--
(I) information about the breach, including a
summary of any information that the agency knows on the
date on which notification is provided about how the
breach occurred;
(II) an estimate of the number of individuals
affected by the breach, based on information that the
agency knows on the date on which notification is
provided, including an assessment of the risk of harm
to affected individuals;
(III) a description of any circumstances
necessitating a delay in providing notice to affected
individuals; and
(IV) an estimate of whether and when the agency
will provide notice to affected individuals; and
(B) notice by the affected agency to affected individuals,
pursuant to data breach notification policies and guidelines,
which shall be provided as expeditiously as practicable and
without unreasonable delay after the agency discovers the
unauthorized acquisition or access.
(2) National security; law enforcement; remediation.--The
Attorney General, the head of an element of the intelligence
community (as such term is defined under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4)), or the Secretary
may delay the notice to affected individuals under paragraph (1)(B)
if the notice would disrupt a law enforcement investigation,
endanger national security, or hamper security remediation actions.
(3) OMB report.--During the first 2 years beginning after the
date of enactment of this Act, the Director of the Office of
Management and Budget shall, on an annual basis--
(A) assess agency implementation of data breach
notification policies and guidelines in aggregate; and
(B) include the assessment described in clause (i) in the
report required under section 3543(a)(8) of title 44, United
States Code.
(4) Exception.--Any element of the intelligence community (as
such term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4)) that is required to provide notice
under paragraph (1)(A) shall only provide such notice to
appropriate committees of Congress.
(c) Rule of Construction.--Nothing in the amendment made by
subsection (a) or in subsection (b)(1) shall be construed to alter any
authority of a Federal agency or department.
(d) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note),
as amended by section 3, is amended by inserting after the item
relating to section 226 the following:
``Sec. 227. Cyber incident response plan.
``Sec. 228. Clearances.''.
SEC. 8. RULES OF CONSTRUCTION.
(a) Prohibition on New Regulatory Authority.--Nothing in this Act
or the amendments made by this Act shall be construed to grant the
Secretary any authority to promulgate regulations or set standards
relating to the cybersecurity of private sector critical infrastructure
that was not in effect on the day before the date of enactment of this
Act.
(b) Private Entities.--Nothing in this Act or the amendments made
by this Act shall be construed to require any private entity--
(1) to request assistance from the Secretary; or
(2) that requested such assistance from the Secretary to
implement any measure or recommendation suggested by the Secretary.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.