[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1560 Referred in Senate (RFS)]

<DOC>
114th CONGRESS
  2d Session
                                H. R. 1560


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2015

                                Received

                             July 14, 2016

   Read twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
To improve cybersecurity in the United States through enhanced sharing 
   of information about cybersecurity threats, to amend the Homeland 
     Security Act of 2002 to enhance multi-directional sharing of 
 information related to cybersecurity risks and strengthen privacy and 
          civil liberties protections, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Table of Contents.
                 TITLE I--PROTECTING CYBER NETWORKS ACT

Sec. 101. Short title.
Sec. 102. Sharing of cyber threat indicators and defensive measures by 
                            the Federal Government with non-Federal 
                            entities.
Sec. 103. Authorizations for preventing, detecting, analyzing, and 
                            mitigating cybersecurity threats.
Sec. 104. Sharing of cyber threat indicators and defensive measures 
                            with appropriate Federal entities other 
                            than the Department of Defense or the 
                            National Security Agency.
Sec. 105. Federal Government liability for violations of privacy or 
                            civil liberties.
Sec. 106. Protection from liability.
Sec. 107. Oversight of Government activities.
Sec. 108. Report on cybersecurity threats.
Sec. 109. Construction and preemption.
Sec. 110. Definitions.
Sec. 111. Comptroller General report on removal of personal identifying 
                            information.
Sec. 112. Sunset.
      TITLE II--NATIONAL CYBERSECURITY PROTECTION ADVANCEMENT ACT

Sec. 201. Short title.
Sec. 202. National Cybersecurity and Communications Integration Center.
Sec. 203. Information sharing structure and processes.
Sec. 204. Information sharing and analysis organizations.
Sec. 205. Streamlining of Department of Homeland Security cybersecurity 
                            and infrastructure protection organization.
Sec. 206. Cyber incident response plans.
Sec. 207. Security and resiliency of public safety communications; 
                            Cybersecurity awareness campaign.
Sec. 208. Critical infrastructure protection research and development.
Sec. 209. Report on reducing cybersecurity risks in DHS data centers.
Sec. 210. Assessment.
Sec. 211. Consultation.
Sec. 212. Technical assistance.
Sec. 213. Prohibition on new regulatory authority.
Sec. 214. Sunset.
Sec. 215. Prohibition on new funding.
Sec. 216. Protection of Federal information systems.
Sec. 217. Sunset.
Sec. 218. Report on cybersecurity vulnerabilities of United States 
                            ports.
Sec. 219. Report on cybersecurity and critical infrastructure.
Sec. 220. GAO report on impact privacy and civil liberties.

                 TITLE I--PROTECTING CYBER NETWORKS ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Protecting Cyber Networks Act''.

SEC. 102. SHARING OF CYBER THREAT INDICATORS AND DEFENSIVE MEASURES BY 
              THE FEDERAL GOVERNMENT WITH NON-FEDERAL ENTITIES.

    (a) In General.--Title I of the National Security Act of 1947 (50 
U.S.C. 3021 et seq.) is amended by inserting after section 110 (50 
U.S.C. 3045) the following new section:

``SEC. 111. SHARING OF CYBER THREAT INDICATORS AND DEFENSIVE MEASURES 
              BY THE FEDERAL GOVERNMENT WITH NON-FEDERAL ENTITIES.

    ``(a) Sharing by the Federal Government.--
            ``(1) In general.--Consistent with the protection of 
        classified information, intelligence sources and methods, and 
        privacy and civil liberties, the Director of National 
        Intelligence, in consultation with the heads of the other 
        appropriate Federal entities, shall develop and promulgate 
        procedures to facilitate and promote--
                    ``(A) the timely sharing of classified cyber threat 
                indicators in the possession of the Federal Government 
                with representatives of relevant non-Federal entities 
                with appropriate security clearances;
                    ``(B) the timely sharing with relevant non-Federal 
                entities of cyber threat indicators in the possession 
                of the Federal Government that may be declassified and 
                shared at an unclassified level; and
                    ``(C) the sharing with non-Federal entities, if 
                appropriate, of information in the possession of the 
                Federal Government about imminent or ongoing 
                cybersecurity threats to such entities to prevent or 
                mitigate adverse impacts from such cybersecurity 
                threats.
            ``(2) Development of procedures.--The procedures developed 
        and promulgated under paragraph (1) shall--
                    ``(A) ensure the Federal Government has and 
                maintains the capability to share cyber threat 
                indicators in real time consistent with the protection 
                of classified information;
                    ``(B) incorporate, to the greatest extent 
                practicable, existing processes and existing roles and 
                responsibilities of Federal and non-Federal entities 
                for information sharing by the Federal Government, 
                including sector-specific information sharing and 
                analysis centers;
                    ``(C) include procedures for notifying non-Federal 
                entities that have received a cyber threat indicator 
                from a Federal entity under this Act that is known or 
                determined to be in error or in contravention of the 
                requirements of this section, the Protecting Cyber 
                Networks Act, or the amendments made by such Act or 
                another provision of Federal law or policy of such 
                error or contravention;
                    ``(D) include requirements for Federal entities 
                receiving a cyber threat indicator or defensive measure 
                to implement appropriate security controls to protect 
                against unauthorized access to, or acquisition of, such 
                cyber threat indicator or defensive measure;
                    ``(E) include procedures that require Federal 
                entities, prior to the sharing of a cyber threat 
                indicator, to--
                            ``(i) review such cyber threat indicator to 
                        assess whether such cyber threat indicator, in 
                        contravention of the requirement under section 
                        3(d)(2) of the Protecting Cyber Networks Act, 
                        contains any information that such Federal 
                        entity knows at the time of sharing to be 
                        personal information of or information 
                        identifying a specific person not directly 
                        related to a cybersecurity threat and remove 
                        such information; or
                            ``(ii) implement a technical capability 
                        configured to remove or exclude any personal 
                        information of or information identifying a 
                        specific person not directly related to a 
                        cybersecurity threat; and
                    ``(F) include procedures to promote the efficient 
                granting of security clearances to appropriate 
                representatives of non-Federal entities.
    ``(b) Definitions.--In this section, the terms `appropriate Federal 
entities', `cyber threat indicator', `defensive measure', `Federal 
entity', and `non-Federal entity' have the meaning given such terms in 
section 11 of the Protecting Cyber Networks Act.''.
    (b) Submittal to Congress.--Not later than 90 days after the date 
of the enactment of this title, the Director of National Intelligence, 
in consultation with the heads of the other appropriate Federal 
entities, shall submit to Congress the procedures required by section 
111(a) of the National Security Act of 1947, as inserted by subsection 
(a) of this section.
    (c) Table of Contents Amendment.--The table of contents in the 
first section of the National Security Act of 1947 is amended by 
inserting after the item relating to section 110 the following new 
item:

``Sec. 111. Sharing of cyber threat indicators and defensive measures 
                            by the Federal Government with non-Federal 
                            entities.''.

SEC. 103. AUTHORIZATIONS FOR PREVENTING, DETECTING, ANALYZING, AND 
              MITIGATING CYBERSECURITY THREATS.

    (a) Authorization for Private-sector Defensive Monitoring.--
            (1) In general.--Notwithstanding any other provision of 
        law, a private entity may, for a cybersecurity purpose, 
        monitor--
                    (A) an information system of such private entity;
                    (B) an information system of a non-Federal entity 
                or a Federal entity, upon the written authorization of 
                such non-Federal entity or such Federal entity; and
                    (C) information that is stored on, processed by, or 
                transiting an information system monitored by the 
                private entity under this paragraph.
            (2) Construction.--Nothing in this subsection shall be 
        construed to--
                    (A) authorize the monitoring of an information 
                system, or the use of any information obtained through 
                such monitoring, other than as provided in this title;
                    (B) authorize the Federal Government to conduct 
                surveillance of any person; or
                    (C) limit otherwise lawful activity.
    (b) Authorization for Operation of Defensive Measures.--
            (1) In general.--Except as provided in paragraph (2) and 
        notwithstanding any other provision of law, a private entity 
        may, for a cybersecurity purpose, operate a defensive measure 
        that is operated on--
                    (A) an information system of such private entity to 
                protect the rights or property of the private entity; 
                and
                    (B) an information system of a non-Federal entity 
                or a Federal entity upon written authorization of such 
                non-Federal entity or such Federal entity for operation 
                of such defensive measure to protect the rights or 
                property of such private entity, such non-Federal 
                entity, or such Federal entity.
            (2) Limitation.--The authority provided in paragraph (1) 
        does not include a defensive measure that destroys, renders 
        unusable or inaccessible (in whole or in part), or 
        substantially harms an information system or information stored 
        on, processed by, or transiting such information system not 
        owned by--
                    (A) the private entity operating such defensive 
                measure; or
                    (B) a non-Federal entity or a Federal entity that 
                has provided written authorization to that private 
                entity for operation of such defensive measure on the 
                information system or information of the entity in 
                accordance with this subsection.
            (3) Construction.--Nothing in this subsection shall be 
        construed--
                    (A) to authorize the use of a defensive measure 
                other than as provided in this subsection; or
                    (B) to limit otherwise lawful activity.
    (c) Authorization for Sharing or Receiving Cyber Threat Indicators 
or Defensive Measures.--
            (1) In general.--Except as provided in paragraph (2) and 
        notwithstanding any other provision of law, a non-Federal 
        entity may, for a cybersecurity purpose and consistent with the 
        requirement under subsection (d)(2) to remove personal 
        information of or information identifying a specific person not 
        directly related to a cybersecurity threat and the protection 
        of classified information--
                    (A) share a lawfully obtained cyber threat 
                indicator or defensive measure with any other non-
                Federal entity or an appropriate Federal entity (other 
                than the Department of Defense or any component of the 
                Department, including the National Security Agency); 
                and
                    (B) receive a cyber threat indicator or defensive 
                measure from any other non-Federal entity or an 
                appropriate Federal entity.
            (2) Lawful restriction.--A non-Federal entity receiving a 
        cyber threat indicator or defensive measure from another non-
        Federal entity or a Federal entity shall comply with otherwise 
        lawful restrictions placed on the sharing or use of such cyber 
        threat indicator or defensive measure by the sharing non-
        Federal entity or Federal entity.
            (3) Construction.--Nothing in this subsection shall be 
        construed to--
                    (A) authorize the sharing or receiving of a cyber 
                threat indicator or defensive measure other than as 
                provided in this subsection;
                    (B) authorize the sharing or receiving of 
                classified information by or with any person not 
                authorized to access such classified information;
                    (C) prohibit any Federal entity from engaging in 
                formal or informal technical discussion regarding cyber 
                threat indicators or defensive measures with a non-
                Federal entity or from providing technical assistance 
                to address vulnerabilities or mitigate threats at the 
                request of such an entity;
                    (D) limit otherwise lawful activity;
                    (E) prohibit otherwise lawful sharing by a non-
                Federal entity of a cyber threat indicator or defensive 
                measure with the Department of Defense or any component 
                of the Department, including the National Security 
                Agency; or
                    (F) authorize the Federal Government to conduct 
                surveillance of any person.
    (d) Protection and Use of Information.--
            (1) Security of information.--A non-Federal entity 
        monitoring an information system, operating a defensive 
        measure, or providing or receiving a cyber threat indicator or 
        defensive measure under this section shall implement an 
        appropriate security control to protect against unauthorized 
        access to, or acquisition of, such cyber threat indicator or 
        defensive measure.
            (2) Removal of certain personal information.--A non-Federal 
        entity sharing a cyber threat indicator pursuant to this title 
        shall, prior to such sharing, take reasonable efforts to--
                    (A) review such cyber threat indicator to assess 
                whether such cyber threat indicator contains any 
                information that the non-Federal entity reasonably 
                believes at the time of sharing to be personal 
                information of or information identifying a specific 
                person not directly related to a cybersecurity threat 
                and remove such information; or
                    (B) implement a technical capability configured to 
                remove any information contained within such indicator 
                that the non-Federal entity reasonably believes at the 
                time of sharing to be personal information of or 
                information identifying a specific person not directly 
                related to a cybersecurity threat.
            (3) Use of cyber threat indicators and defensive measures 
        by non-federal entities.--A non-Federal entity may, for a 
        cybersecurity purpose--
                    (A) use a cyber threat indicator or defensive 
                measure shared or received under this section to 
                monitor or operate a defensive measure on--
                            (i) an information system of such non-
                        Federal entity; or
                            (ii) an information system of another non-
                        Federal entity or a Federal entity upon the 
                        written authorization of that other non-Federal 
                        entity or that Federal entity; and
                    (B) otherwise use, retain, and further share such 
                cyber threat indicator or defensive measure subject 
                to--
                            (i) an otherwise lawful restriction placed 
                        by the sharing non-Federal entity or Federal 
                        entity on such cyber threat indicator or 
                        defensive measure; or
                            (ii) an otherwise applicable provision of 
                        law.
            (4) Use of cyber threat indicators by state, tribal, or 
        local government.--
                    (A) Law enforcement use.--A State, tribal, or local 
                government may use a cyber threat indicator shared with 
                such State, tribal, or local government for the 
                purposes described in clauses (i), (ii), and (iii) of 
                section 104(d)(5)(A).
                    (B) Exemption from disclosure.--A cyber threat 
                indicator or defensive measure shared with a State, 
                tribal, or local government under this section shall 
                be--
                            (i) deemed voluntarily shared information; 
                        and
                            (ii) exempt from disclosure under any 
                        State, tribal, or local law requiring 
                        disclosure of information or records, except as 
                        otherwise required by applicable State, tribal, 
                        or local law requiring disclosure in any 
                        criminal prosecution.
    (e) No Right or Benefit.--The sharing of a cyber threat indicator 
with a non-Federal entity under this title shall not create a right or 
benefit to similar information by such non-Federal entity or any other 
non-Federal entity.
    (f) Small Business Participation.--
            (1) Assistance.--The Administrator of the Small Business 
        Administration shall provide assistance to small businesses and 
        small financial institutions to monitor information and 
        information systems, operate defensive measures, and share and 
        receive cyber threat indicators and defensive measures under 
        this section.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this title, the Administrator of the Small 
        Business Administration shall submit to the President a report 
        on the degree to which small businesses and small financial 
        institutions are able to engage in cyber threat information 
        sharing under this section. Such report shall include the 
        recommendations of the Administrator for improving the ability 
        of such businesses and institutions to engage in cyber threat 
        information sharing and to use shared information to defend 
        their networks.
            (3) Outreach.--The Federal Government shall conduct 
        outreach to small businesses and small financial institutions 
        to encourage such businesses and institutions to exercise their 
        authority under this section.

SEC. 104. SHARING OF CYBER THREAT INDICATORS AND DEFENSIVE MEASURES 
              WITH APPROPRIATE FEDERAL ENTITIES OTHER THAN THE 
              DEPARTMENT OF DEFENSE OR THE NATIONAL SECURITY AGENCY.

    (a) Requirement for Policies and Procedures.--
            (1) In general.--Section 111 of the National Security Act 
        of 1947, as inserted by section 102 of this title, is amended--
                    (A) by redesignating subsection (b) as subsection 
                (c); and
                    (B) by inserting after subsection (a) the following 
                new subsection:
    ``(b) Policies and Procedures for Sharing With the Appropriate 
Federal Entities Other Than the Department of Defense or the National 
Security Agency.--
            ``(1) Establishment.--The President shall develop and 
        submit to Congress policies and procedures relating to the 
        receipt of cyber threat indicators and defensive measures by 
        the Federal Government.
            ``(2) Requirements concerning policies and procedures.--The 
        policies and procedures required under paragraph (1) shall--
                    ``(A) be developed in accordance with the privacy 
                and civil liberties guidelines required under section 
                4(b) of the Protecting Cyber Networks Act;
                    ``(B) ensure that--
                            ``(i) a cyber threat indicator shared by a 
                        non-Federal entity with an appropriate Federal 
                        entity (other than the Department of Defense or 
                        any component of the Department, including the 
                        National Security Agency) pursuant to section 3 
                        of such Act is shared in real-time with all of 
                        the appropriate Federal entities (including all 
                        relevant components thereof);
                            ``(ii) the sharing of such cyber threat 
                        indicator with appropriate Federal entities is 
                        not subject to any delay, modification, or any 
                        other action without good cause that could 
                        impede receipt by all of the appropriate 
                        Federal entities; and
                            ``(iii) such cyber threat indicator is 
                        provided to each other Federal entity to which 
                        such cyber threat indicator is relevant; and
                    ``(C) ensure there--
                            ``(i) is an audit capability; and
                            ``(ii) are appropriate sanctions in place 
                        for officers, employees, or agents of a Federal 
                        entity who knowingly and willfully use a cyber 
                        threat indicator or defense measure shared with 
                        the Federal Government by a non-Federal entity 
                        under the Protecting Cyber Networks Act other 
                        than in accordance with this section and such 
                        Act.''.
            (2) Submission.--The President shall submit to Congress--
                    (A) not later than 90 days after the date of the 
                enactment of this title, interim policies and 
                procedures required under section 111(b)(1) of the 
                National Security Act of 1947, as inserted by paragraph 
                (1) of this section; and
                    (B) not later than 180 days after such date, final 
                policies and procedures required under such section 
                111(b)(1).
    (b) Privacy and Civil Liberties.--
            (1) Guidelines of attorney general.--The Attorney General, 
        in consultation with the heads of the other appropriate Federal 
        agencies and with officers designated under section 1062 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 (42 
        U.S.C. 2000ee-1), shall develop and periodically review 
        guidelines relating to privacy and civil liberties that govern 
        the receipt, retention, use, and dissemination of cyber threat 
        indicators by a Federal entity obtained in accordance with this 
        title and the amendments made by this title.
            (2) Content.--The guidelines developed and reviewed under 
        paragraph (1) shall, consistent with the need to protect 
        information systems from cybersecurity threats and mitigate 
        cybersecurity threats--
                    (A) limit the impact on privacy and civil liberties 
                of activities by the Federal Government under this 
                title, including guidelines to ensure that personal 
                information of or information identifying specific 
                persons is properly removed from information received, 
                retained, used, or disseminated by a Federal entity in 
                accordance with this title or the amendments made by 
                this title;
                    (B) limit the receipt, retention, use, and 
                dissemination of cyber threat indicators containing 
                personal information of or information identifying 
                specific persons, including by establishing--
                            (i) a process for the prompt destruction of 
                        such information that is known not to be 
                        directly related to a use for a cybersecurity 
                        purpose;
                            (ii) specific limitations on the length of 
                        any period in which a cyber threat indicator 
                        may be retained; and
                            (iii) a process to inform recipients that 
                        such indicators may only be used for a 
                        cybersecurity purpose;
                    (C) include requirements to safeguard cyber threat 
                indicators containing personal information of or 
                identifying specific persons from unauthorized access 
                or acquisition, including appropriate sanctions for 
                activities by officers, employees, or agents of the 
                Federal Government in contravention of such guidelines;
                    (D) include procedures for notifying non-Federal 
                entities and Federal entities if information received 
                pursuant to this section is known or determined by a 
                Federal entity receiving such information not to 
                constitute a cyber threat indicator;
                    (E) be consistent with any other applicable 
                provisions of law and the fair information practice 
                principles set forth in appendix A of the document 
                entitled ``National Strategy for Trusted Identities in 
                Cyberspace'' and published by the President in April, 
                2011; and
                    (F) include steps that may be needed so that 
                dissemination of cyber threat indicators is consistent 
                with the protection of classified information and other 
                sensitive national security information.
            (3) Submission.--The Attorney General shall submit to 
        Congress--
                    (A) not later than 90 days after the date of the 
                enactment of this title, interim guidelines required 
                under paragraph (1); and
                    (B) not later than 180 days after such date, final 
                guidelines required under such paragraph.
    (c) National Cyber Threat Intelligence Integration Center.--
            (1) Establishment.--Title I of the National Security Act of 
        1947 (50 U.S.C. 3021 et seq.), as amended by section 102 of 
        this title, is further amended--
                    (A) by redesignating section 119B as section 119C; 
                and
                    (B) by inserting after section 119A the following 
                new section:

``SEC. 119B. CYBER THREAT INTELLIGENCE INTEGRATION CENTER.

    ``(a) Establishment.--There is within the Office of the Director of 
National Intelligence a Cyber Threat Intelligence Integration Center.
    ``(b) Director.--There is a Director of the Cyber Threat 
Intelligence Integration Center, who shall be the head of the Cyber 
Threat Intelligence Integration Center, and who shall be appointed by 
the Director of National Intelligence.
    ``(c) Primary Missions.--The Cyber Threat Intelligence Integration 
Center shall--
            ``(1) serve as the primary organization within the Federal 
        Government for analyzing and integrating all intelligence 
        possessed or acquired by the United States pertaining to cyber 
        threats;
            ``(2) ensure that appropriate departments and agencies have 
        full access to and receive all-source intelligence support 
        needed to execute the cyber threat intelligence activities of 
        such agencies and to perform independent, alternative analyses;
            ``(3) disseminate cyber threat analysis to the President, 
        the appropriate departments and agencies of the Federal 
        Government, and the appropriate committees of Congress;
            ``(4) coordinate cyber threat intelligence activities of 
        the departments and agencies of the Federal Government; and
            ``(5) conduct strategic cyber threat intelligence planning 
        for the Federal Government.
    ``(d) Limitations.--The Cyber Threat Intelligence Integration 
Center shall--
            ``(1) have not more than 50 permanent positions;
            ``(2) in carrying out the primary missions of the Center 
        described in subsection (c), may not augment staffing through 
        detailees, assignees, or core contractor personnel or enter 
        into any personal services contracts to exceed the limitation 
        under paragraph (1); and
            ``(3) be located in a building owned or operated by an 
        element of the intelligence community as of the date of the 
        enactment of this section.''.
            (2) Table of contents amendments.--The table of contents in 
        the first section of the National Security Act of 1947, as 
        amended by section 102 of this title, is further amended by 
        striking the item relating to section 119B and inserting the 
        following new items:

``Sec. 119B. Cyber Threat Intelligence Integration Center.
``Sec. 119C. National intelligence centers.''.
    (d) Information Shared With or Provided to the Federal 
Government.--
            (1) No waiver of privilege or protection.--The provision of 
        a cyber threat indicator or defensive measure to the Federal 
        Government under this title shall not constitute a waiver of 
        any applicable privilege or protection provided by law, 
        including trade secret protection.
            (2) Proprietary information.--Consistent with this title, a 
        cyber threat indicator or defensive measure provided by a non-
        Federal entity to the Federal Government under this title shall 
        be considered the commercial, financial, and proprietary 
        information of the non-Federal entity that is the originator of 
        such cyber threat indicator or defensive measure when so 
        designated by such non-Federal entity or a non-Federal entity 
        acting in accordance with the written authorization of the non-
        Federal entity that is the originator of such cyber threat 
        indicator or defensive measure.
            (3) Exemption from disclosure.--A cyber threat indicator or 
        defensive measure provided to the Federal Government under this 
        title shall be--
                    (A) 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; and
                    (B) withheld, without discretion, from the public 
                under section 552(b)(3) of title 5, United States Code, 
                and any State, tribal, or local provision of law 
                requiring disclosure of information or records, except 
                as otherwise required by applicable Federal, State, 
                tribal, or local law requiring disclosure in any 
                criminal prosecution.
            (4) Ex parte communications.--The provision of a cyber 
        threat indicator or defensive measure to the Federal Government 
        under this title shall not be subject to a rule of any Federal 
        department or agency or any judicial doctrine regarding ex 
        parte communications with a decision-making official.
            (5) Disclosure, retention, and use.--
                    (A) Authorized activities.--A cyber threat 
                indicator or defensive measure provided to the Federal 
                Government under this title may be disclosed to, 
                retained by, and used by, consistent with otherwise 
                applicable provisions of Federal law, any department, 
                agency, component, officer, employee, or agent of the 
                Federal Government solely for--
                            (i) a cybersecurity purpose;
                            (ii) the purpose of responding to, 
                        investigating, prosecuting, or otherwise 
                        preventing or mitigating a threat of death or 
                        serious bodily harm or an offense arising out 
                        of such a threat;
                            (iii) the purpose of responding to, 
                        investigating, prosecuting, or otherwise 
                        preventing or mitigating, a serious threat to a 
                        minor, including sexual exploitation and 
                        threats to physical safety; or
                            (iv) the purpose of preventing, 
                        investigating, disrupting, or prosecuting any 
                        of the offenses listed in sections 1028, 1029, 
                        1030, and 3559(c)(2)(F) and chapters 37 and 90 
                        of title 18, United States Code.
                    (B) Prohibited activities.--A cyber threat 
                indicator or defensive measure provided to the Federal 
                Government under this title shall not be disclosed to, 
                retained by, or used by any Federal department or 
                agency for any use not permitted under subparagraph 
                (A).
                    (C) Privacy and civil liberties.--A cyber threat 
                indicator or defensive measure provided to the Federal 
                Government under this title shall be retained, used, 
                and disseminated by the Federal Government in 
                accordance with--
                            (i) the policies and procedures relating to 
                        the receipt of cyber threat indicators and 
                        defensive measures by the Federal Government 
                        required by subsection (b) of section 111 of 
                        the National Security Act of 1947, as added by 
                        subsection (a) of this section; and
                            (ii) the privacy and civil liberties 
                        guidelines required by subsection (b).

SEC. 105. FEDERAL GOVERNMENT LIABILITY FOR VIOLATIONS OF PRIVACY OR 
              CIVIL LIBERTIES.

    (a) In General.--If a department or agency of the Federal 
Government intentionally or willfully violates the privacy and civil 
liberties guidelines issued by the Attorney General under section 
104(b), the United States shall be liable to a person injured by such 
violation in an amount equal to the sum of--
            (1) the actual damages sustained by the person as a result 
        of the violation or $1,000, whichever is greater; and
            (2) reasonable attorney fees as determined by the court and 
        other litigation costs reasonably incurred in any case under 
        this subsection in which the complainant has substantially 
        prevailed.
    (b) Venue.--An action to enforce liability created under this 
section may be brought in the district court of the United States in--
            (1) the district in which the complainant resides;
            (2) the district in which the principal place of business 
        of the complainant is located;
            (3) the district in which the department or agency of the 
        Federal Government that violated such privacy and civil 
        liberties guidelines is located; or
            (4) the District of Columbia.
    (c) Statute of Limitations.--No action shall lie under this section 
unless such action is commenced not later than 2 years after the date 
on which the cause of action arises.
    (d) Exclusive Cause of Action.--A cause of action under this 
section shall be the exclusive means available to a complainant seeking 
a remedy for a violation by a department or agency of the Federal 
Government under this title.

SEC. 106. PROTECTION FROM LIABILITY.

    (a) Monitoring of Information Systems.--No cause of action shall 
lie or be maintained in any court against any private entity, and such 
action shall be promptly dismissed, for the monitoring of an 
information system and information under section 103(a) that is 
conducted in accordance with this title and the amendments made by this 
title.
    (b) Sharing or Receipt of Cyber Threat Indicators.--No cause of 
action shall lie or be maintained in any court against any non-Federal 
entity, and such action shall be promptly dismissed, for the sharing or 
receipt of a cyber threat indicator or defensive measure under section 
103(c), or a good faith failure to act based on such sharing or 
receipt, if such sharing or receipt is conducted in accordance with 
this title and the amendments made by this title.
    (c) Willful Misconduct.--
            (1) Rule of construction.--Nothing in this section shall be 
        construed--
                    (A) to require dismissal of a cause of action 
                against a non-Federal entity (including a private 
                entity) that has engaged in willful misconduct in the 
                course of conducting activities authorized by this 
                title or the amendments made by this title; or
                    (B) to undermine or limit the availability of 
                otherwise applicable common law or statutory defenses.
            (2) Proof of willful misconduct.--In any action claiming 
        that subsection (a) or (b) does not apply due to willful 
        misconduct described in paragraph (1), the plaintiff shall have 
        the burden of proving by clear and convincing evidence the 
        willful misconduct by each non-Federal entity subject to such 
        claim and that such willful misconduct proximately caused 
        injury to the plaintiff.
            (3) Willful misconduct defined.--In this subsection, the 
        term ``willful misconduct'' means an act or omission that is 
        taken--
                    (A) intentionally to achieve a wrongful purpose;
                    (B) knowingly without legal or factual 
                justification; and
                    (C) in disregard of a known or obvious risk that is 
                so great as to make it highly probable that the harm 
                will outweigh the benefit.

SEC. 107. OVERSIGHT OF GOVERNMENT ACTIVITIES.

    (a) Biennial Report on Implementation.--
            (1) In general.--Section 111 of the National Security Act 
        of 1947, as added by section 102(a) and amended by section 
        104(a) of this title, is further amended--
                    (A) by redesignating subsection (c) (as 
                redesignated by such section 104(a)) as subsection (d); 
                and
                    (B) by inserting after subsection (b) (as inserted 
                by such section 104(a)) the following new subsection:
    ``(c) Biennial Report on Implementation.--
            ``(1) In general.--Not less frequently than once every two 
        years, the Director of National Intelligence, in consultation 
        with the heads of the other appropriate Federal entities, shall 
        submit to Congress a report concerning the implementation of 
        this section and the Protecting Cyber Networks Act.
            ``(2) Contents.--Each report submitted under paragraph (1) 
        shall include the following:
                    ``(A) An assessment of the sufficiency of the 
                policies, procedures, and guidelines required by this 
                section and section 4 of the Protecting Cyber Networks 
                Act in ensuring that cyber threat indicators are shared 
                effectively and responsibly within the Federal 
                Government.
                    ``(B) An assessment of whether the procedures 
                developed under section 3 of such Act comply with the 
                goals described in subparagraphs (A), (B), and (C) of 
                subsection (a)(1).
                    ``(C) An assessment of whether cyber threat 
                indicators have been properly classified and an 
                accounting of the number of security clearances 
                authorized by the Federal Government for the purposes 
                of this section and such Act.
                    ``(D) A review of the type of cyber threat 
                indicators shared with the Federal Government under 
                this section and such Act, including the following:
                            ``(i) The degree to which such information 
                        may impact the privacy and civil liberties of 
                        specific persons.
                            ``(ii) A quantitative and qualitative 
                        assessment of the impact of the sharing of such 
                        cyber threat indicators with the Federal 
                        Government on privacy and civil liberties of 
                        specific persons.
                            ``(iii) The adequacy of any steps taken by 
                        the Federal Government to reduce such impact.
                    ``(E) A review of actions taken by the Federal 
                Government based on cyber threat indicators shared with 
                the Federal Government under this section or such Act, 
                including the appropriateness of any subsequent use or 
                dissemination of such cyber threat indicators by a 
                Federal entity under this section or section 4 of such 
                Act.
                    ``(F) A description of any significant violations 
                of the requirements of this section or such Act by the 
                Federal Government--
                            ``(i) an assessment of all reports of 
                        officers, employees, and agents of the Federal 
                        Government misusing information provided to the 
                        Federal Government under the Protecting Cyber 
                        Networks Act or this section, without regard to 
                        whether the misuse was knowing or wilful; and
                            ``(ii) an assessment of all disciplinary 
                        actions taken against such officers, employees, 
                        and agents.
                    ``(G) A summary of the number and type of non-
                Federal entities that received classified cyber threat 
                indicators from the Federal Government under this 
                section or such Act and an evaluation of the risks and 
                benefits of sharing such cyber threat indicators.
                    ``(H) An assessment of any personal information of 
                or information identifying a specific person not 
                directly related to a cybersecurity threat that--
                            ``(i) was shared by a non-Federal entity 
                        with the Federal Government under this Act in 
                        contravention of section 3(d)(2) of such Act; 
                        or
                            ``(ii) was shared within the Federal 
                        Government under this Act in contravention of 
                        the guidelines required by section 4(b) of such 
                        Act.
            ``(3) Recommendations.--Each report submitted under 
        paragraph (1) may include such recommendations as the heads of 
        the appropriate Federal entities may have for improvements or 
        modifications to the authorities and processes under this 
        section or such Act.
            ``(4) Form of report.--Each report required by paragraph 
        (1) shall be submitted in unclassified form, but may include a 
        classified annex.
            ``(5) Public availability of reports.--The Director of 
        National Intelligence shall make publicly available the 
        unclassified portion of each report required by paragraph 
        (1).''.
            (2) Initial report.--The first report required under 
        subsection (c) of section 111 of the National Security Act of 
        1947, as inserted by paragraph (1) of this subsection, shall be 
        submitted not later than 1 year after the date of the enactment 
        of this title.
    (b) Reports on Privacy and Civil Liberties.--
            (1) Biennial report from privacy and civil liberties 
        oversight board.--
                    (A) In general.--Section 1061(e) of the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004 (42 U.S.C. 2000ee(e)) is amended by adding at the 
                end the following new paragraph:
            ``(3) Biennial report on certain cyber activities.--
                    ``(A) Report required.--The Privacy and Civil 
                Liberties Oversight Board shall biennially submit to 
                Congress and the President a report containing--
                            ``(i) an assessment of the privacy and 
                        civil liberties impact of the activities 
                        carried out under the Protecting Cyber Networks 
                        Act and the amendments made by such Act; and
                            ``(ii) an assessment of the sufficiency of 
                        the policies, procedures, and guidelines 
                        established pursuant to section 4 of the 
                        Protecting Cyber Networks Act and the 
                        amendments made by such section 4 in addressing 
                        privacy and civil liberties concerns.
                    ``(B) Recommendations.--Each report submitted under 
                this paragraph may include such recommendations as the 
                Privacy and Civil Liberties Oversight Board may have 
                for improvements or modifications to the authorities 
                under the Protecting Cyber Networks Act or the 
                amendments made by such Act.
                    ``(C) Form.--Each report required under this 
                paragraph shall be submitted in unclassified form, but 
                may include a classified annex.
                    ``(D) Public availability of reports.--The Privacy 
                and Civil Liberties Oversight Board shall make publicly 
                available the unclassified portion of each report 
                required by subparagraph (A).''.
                    (B) Initial report.--The first report required 
                under paragraph (3) of section 1061(e) of the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004 (42 U.S.C. 2000ee(e)), as added by subparagraph 
                (A) of this paragraph, shall be submitted not later 
                than 2 years after the date of the enactment of this 
                title.
            (2) Biennial report of inspectors general.--
                    (A) In general.--Not later than 2 years after the 
                date of the enactment of this title and not less 
                frequently than once every 2 years thereafter, the 
                Inspector General of the Department of Homeland 
                Security, the Inspector General of the Intelligence 
                Community, the Inspector General of the Department of 
                Justice, and the Inspector General of the Department of 
                Defense, in consultation with the Council of Inspectors 
                General on Financial Oversight, shall jointly submit to 
                Congress a report on the receipt, use, and 
                dissemination of cyber threat indicators and defensive 
                measures that have been shared with Federal entities 
                under this title and the amendments made by this title.
                    (B) Contents.--Each report submitted under 
                subparagraph (A) shall include the following:
                            (i) A review of the types of cyber threat 
                        indicators shared with Federal entities.
                            (ii) A review of the actions taken by 
                        Federal entities as a result of the receipt of 
                        such cyber threat indicators.
                            (iii) A list of Federal entities receiving 
                        such cyber threat indicators.
                            (iv) A review of the sharing of such cyber 
                        threat indicators among Federal entities to 
                        identify inappropriate barriers to sharing 
                        information.
                            (v) A review of the current procedures 
                        pertaining to the sharing of information, 
                        removal procedures for personal information or 
                        information identifying a specific person, and 
                        any incidents pertaining to the improper 
                        treatment of such information.
                    (C) Recommendations.--Each report submitted under 
                this paragraph may include such recommendations as the 
                Inspectors General referred to in subparagraph (A) may 
                have for improvements or modifications to the 
                authorities under this title or the amendments made by 
                this title.
                    (D) Form.--Each report required under this 
                paragraph shall be submitted in unclassified form, but 
                may include a classified annex.
                    (E) Public availability of reports.--The Inspector 
                General of the Department of Homeland Security, the 
                Inspector General of the Intelligence Community, the 
                Inspector General of the Department of Justice, and the 
                Inspector General of the Department of Defense shall 
                make publicly available the unclassified portion of 
                each report required under subparagraph (A).

SEC. 108. REPORT ON CYBERSECURITY THREATS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this title, the Director of National Intelligence, in 
consultation with the heads of other appropriate elements of the 
intelligence community, shall submit to the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee on 
Intelligence of the House of Representatives a report on cybersecurity 
threats to the national security and economy of the United States, 
including cyber attacks, theft, and data breaches.
    (b) Contents.--The report required by subsection (a) shall include 
the following:
            (1) An assessment of--
                    (A) the current intelligence sharing and 
                cooperation relationships of the United States with 
                other countries regarding cybersecurity threats 
                (including cyber attacks, theft, and data breaches) 
                directed against the United States that threaten the 
                United States national security interests, economy, and 
                intellectual property; and
                    (B) the relative utility of such relationships, 
                which elements of the intelligence community 
                participate in such relationships, and whether and how 
                such relationships could be improved.
            (2) A list and an assessment of the countries and non-state 
        actors that are the primary threats of carrying out a 
        cybersecurity threat (including a cyber attack, theft, or data 
        breach) against the United States and that threaten the United 
        States national security, economy, and intellectual property.
            (3) A description of the extent to which the capabilities 
        of the United States Government to respond to or prevent 
        cybersecurity threats (including cyber attacks, theft, or data 
        breaches) directed against the United States private sector are 
        degraded by a delay in the prompt notification by private 
        entities of such threats or cyber attacks, theft, and breaches.
            (4) An assessment of additional technologies or 
        capabilities that would enhance the ability of the United 
        States to prevent and to respond to cybersecurity threats 
        (including cyber attacks, theft, and data breaches).
            (5) An assessment of any technologies or practices utilized 
        by the private sector that could be rapidly fielded to assist 
        the intelligence community in preventing and responding to 
        cybersecurity threats.
    (c) Form of Report.--The report required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (d) Public Availability of Report.--The Director of National 
Intelligence shall make publicly available the unclassified portion of 
the report required by subsection (a).
    (e) Intelligence Community Defined.--In this section, the term 
``intelligence community'' has the meaning given that term in section 3 
of the National Security Act of 1947 (50 U.S.C. 3003).

SEC. 109. CONSTRUCTION AND PREEMPTION.

    (a) Prohibition of Surveillance.--Nothing in this title or the 
amendments made by this title shall be construed to authorize the 
Department of Defense or the National Security Agency or any other 
element of the intelligence community to target a person for 
surveillance.
    (b) Otherwise Lawful Disclosures.--Nothing in this title or the 
amendments made by this title shall be construed to limit or prohibit--
            (1) otherwise lawful disclosures of communications, 
        records, or other information, including reporting of known or 
        suspected criminal activity, by a non-Federal entity to any 
        other non-Federal entity or the Federal Government; or
            (2) any otherwise lawful use of such disclosures by any 
        entity of the Federal Government, without regard to whether 
        such otherwise lawful disclosures duplicate or replicate 
        disclosures made under this title.
    (c) Whistle Blower Protections.--Nothing in this title or the 
amendments made by this title shall be construed to prohibit or limit 
the disclosure of information protected under section 2302(b)(8) of 
title 5, United States Code (governing disclosures of illegality, 
waste, fraud, abuse, or public health or safety threats), section 7211 
of title 5, United States Code (governing disclosures to Congress), 
section 1034 of title 10, United States Code (governing disclosure to 
Congress by members of the military), or any similar provision of 
Federal or State law.
    (d) Protection of Sources and Methods.--Nothing in this title or 
the amendments made by this title shall be construed--
            (1) as creating any immunity against, or otherwise 
        affecting, any action brought by the Federal Government, or any 
        department or agency thereof, to enforce any law, Executive 
        order, or procedure governing the appropriate handling, 
        disclosure, or use of classified information;
            (2) to affect the conduct of authorized law enforcement or 
        intelligence activities; or
            (3) to modify the authority of the President or a 
        department or agency of the Federal Government to protect and 
        control the dissemination of classified information, 
        intelligence sources and methods, and the national security of 
        the United States.
    (e) Relationship to Other Laws.--Nothing in this title or the 
amendments made by this title shall be construed to affect any 
requirement under any other provision of law for a non-Federal entity 
to provide information to the Federal Government.
    (f) Information Sharing Relationships.--Nothing in this title or 
the amendments made by this title shall be construed--
            (1) to limit or modify an existing information-sharing 
        relationship;
            (2) to prohibit a new information-sharing relationship; or
            (3) to require a new information-sharing relationship 
        between any non-Federal entity and the Federal Government.
    (g) Preservation of Contractual Obligations and Rights.--Nothing in 
this title or the amendments made by this title shall be construed--
            (1) to amend, repeal, or supersede any current or future 
        contractual agreement, terms of service agreement, or other 
        contractual relationship between any non-Federal entities, or 
        between any non-Federal entity and a Federal entity; or
            (2) to abrogate trade secret or intellectual property 
        rights of any non-Federal entity or Federal
        entity.
    (h) Anti-Tasking Restriction.--Nothing in this title or the 
amendments made by this title shall be construed to permit the Federal 
Government--
            (1) to require a non-Federal entity to provide information 
        to the Federal Government;
            (2) to condition the sharing of a cyber threat indicator 
        with a non-Federal entity on such non-Federal entity's 
        provision of a cyber threat indicator to the Federal 
        Government; or
            (3) to condition the award of any Federal grant, contract, 
        or purchase on the provision of a cyber threat indicator to a 
        Federal entity.
    (i) No Liability for Non-Participation.--Nothing in this title or 
the amendments made by this title shall be construed to subject any 
non-Federal entity to liability for choosing not to engage in a 
voluntary activity authorized in this title and the amendments made by 
this title.
    (j) Use and Retention of Information.--Nothing in this title or the 
amendments made by 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 this title or 
the amendments made by this title for any use other than permitted in 
this title or the amendments made by this title.
    (k) Federal Preemption.--
            (1) In general.--This title and the amendments made by this 
        title supersede any statute or other provision of law of a 
        State or political subdivision of a State that restricts or 
        otherwise expressly regulates an activity authorized under this 
        title or the amendments made by this title.
            (2) State law enforcement.--Nothing in this title or the 
        amendments made by this title shall be construed to supersede 
        any statute or other provision of law of a State or political 
        subdivision of a State concerning the use of authorized law 
        enforcement practices and procedures.
            (3) State regulation of utilities.--Except as provided by 
        section 103(d)(4)(B), nothing in this title or the amendments 
        made by this title shall be construed to supersede any statute, 
        regulation, or other provision of law of a State or political 
        subdivision of a State relating to the regulation of a private 
        entity performing utility services, except to the extent such 
        statute, regulation, or other provision of law restricts 
        activity authorized under this title or the amendments made by 
        this title.
    (l) Regulatory Authority.--Nothing in this title or the amendments 
made by this title shall be construed--
            (1) to authorize the promulgation of any regulations not 
        specifically authorized by this title or the amendments made by 
        this title;
            (2) to establish any regulatory authority not specifically 
        established under this title or the amendments made by this 
        title; or
            (3) to authorize regulatory actions that would duplicate or 
        conflict with regulatory requirements, mandatory standards, or 
        related processes under another provision of Federal law.

SEC. 110. 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) Appropriate federal entities.--The term ``appropriate 
        Federal entities'' means the following:
                    (A) The Department of Commerce.
                    (B) The Department of Defense.
                    (C) The Department of Energy.
                    (D) The Department of Homeland Security.
                    (E) The Department of Justice.
                    (F) The Department of the Treasury.
                    (G) The Office of the Director of National 
                Intelligence.
            (3) Cybersecurity purpose.--The term ``cybersecurity 
        purpose'' means the purpose of protecting (including through 
        the use of a defensive measure) an information system or 
        information that is stored on, processed by, or transiting an 
        information system from a cybersecurity threat or security 
        vulnerability or identifying the source of a cybersecurity 
        threat.
            (4) Cybersecurity threat.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``cybersecurity threat'' means an action, 
                not protected by the first amendment to the 
                Constitution of the United States, on or through an 
                information system that may result in an unauthorized 
                effort to adversely impact the security, 
                confidentiality, integrity, or availability of an 
                information system or information that is stored on, 
                processed by, or transiting an information system.
                    (B) Exclusion.--The term ``cybersecurity threat'' 
                does not include any action that solely involves a 
                violation of a consumer term of service or a consumer 
                licensing agreement.
            (5) Cyber threat indicator.--The term ``cyber threat 
        indicator'' means information or a physical object that is 
        necessary to describe or identify--
                    (A) malicious reconnaissance, including anomalous 
                patterns of communications that appear to be 
                transmitted for the purpose of gathering technical 
                information related to a cybersecurity threat or 
                security vulnerability;
                    (B) a method of defeating a security control or 
                exploitation of a security vulnerability;
                    (C) a security vulnerability, including anomalous 
                activity that appears to indicate the existence of a 
                security vulnerability;
                    (D) 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 unwittingly enable the defeat of a security 
                control or exploitation of a security vulnerability;
                    (E) malicious cyber command and control;
                    (F) the actual or potential harm caused by an 
                incident, including a description of the information 
                exfiltrated as a result of a particular cybersecurity 
                threat; or
                    (G) any other attribute of a cybersecurity threat, 
                if disclosure of such attribute is not otherwise 
                prohibited by law.
            (6) Defensive measure.--The term ``defensive measure'' 
        means an action, device, procedure, technique, or other measure 
        executed on an information system or information that is stored 
        on, processed by, or transiting an information system that 
        prevents or mitigates a known or suspected cybersecurity threat 
        or security vulnerability.
            (7) Federal entity.--The term ``Federal entity'' means a 
        department or agency of the United States or any component of 
        such department or agency.
            (8) Information system.--The term ``information system''--
                    (A) has the meaning given the term in section 3502 
                of title 44, United States Code; and
                    (B) includes industrial control systems, such as 
                supervisory control and data acquisition systems, 
                distributed control systems, and programmable logic 
                controllers.
            (9) Local government.--The term ``local government'' means 
        any borough, city, county, parish, town, township, village, or 
        other political subdivision of a State.
            (10) Malicious cyber command and control.--The term 
        ``malicious cyber command and control'' means a method for 
        unauthorized remote identification of, access to, or use of, an 
        information system or information that is stored on, processed 
        by, or transiting an information system.
            (11) Malicious reconnaissance.--The term ``malicious 
        reconnaissance'' means a method for actively probing or 
        passively monitoring an information system for the purpose of 
        discerning security vulnerabilities of the information system, 
        if such method is associated with a known or suspected 
        cybersecurity threat.
            (12) Monitor.--The term ``monitor'' means to acquire, 
        identify, scan, or otherwise possess information that is stored 
        on, processed by, or transiting an information system.
            (13) Non-federal entity.--
                    (A) In general.--Except as otherwise provided in 
                this paragraph, the term ``non-Federal entity'' means 
                any private entity, non-Federal Government department 
                or agency, or State, tribal, or local government 
                (including a political subdivision, department, 
                officer, employee, or agent thereof).
                    (B) Inclusions.--The term ``non-Federal entity'' 
                includes a government department or agency (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.
                    (C) Exclusion.--The term ``non-Federal entity'' 
                does not include a foreign power or known agent of a 
                foreign power, as both terms are defined in section 101 
                of the Foreign Intelligence Surveillance Act of 1978 
                (50 U.S.C. 1801).
            (14) Private entity.--
                    (A) In general.--Except as otherwise provided in 
                this paragraph, the term ``private entity'' means any 
                person or private group, organization, proprietorship, 
                partnership, trust, cooperative, corporation, or other 
                commercial or nonprofit entity, including an officer, 
                employee, or agent thereof.
                    (B) Inclusion.--The term ``private entity'' 
                includes a component of a State, tribal, or local 
                government performing utility services.
                    (C) Exclusion.--The term ``private entity'' does 
                not include a foreign power as defined in section 101 
                of the Foreign Intelligence Surveillance Act of 1978 
                (50 U.S.C. 1801).
            (15) Real time; real-time.--The terms ``real time'' and 
        ``real-time'' mean a process by which an automated, machine-to-
        machine system processes cyber threat indicators such that the 
        time in which the occurrence of an event and the reporting or 
        recording of it are as simultaneous as technologically and 
        operationally practicable.
            (16) Security control.--The term ``security control'' means 
        the management, operational, and technical controls used to 
        protect against an unauthorized effort to adversely impact the 
        security, confidentiality, integrity, and availability of an 
        information system or its information.
            (17) Security vulnerability.--The term ``security 
        vulnerability'' means any attribute of hardware, software, 
        process, or procedure that could enable or facilitate the 
        defeat of a security control.
            (18) 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. 111. COMPTROLLER GENERAL REPORT ON REMOVAL OF PERSONAL IDENTIFYING 
              INFORMATION.

    (a) Report.--Not later than 3 years after the date of the enactment 
of this title, the Comptroller General of the United States shall 
submit to Congress a report on the actions taken by the Federal 
Government to remove personal information from cyber threat indicators 
pursuant to section 104(b).
    (b) Form.--The report under subsection (a) shall be submitted in 
unclassified form, but may include a classified annex.

SEC. 112. SUNSET.

    This title and the amendments made by this title shall terminate on 
the date that is 7 years after the date of the enactment of this title.

      TITLE II--NATIONAL CYBERSECURITY PROTECTION ADVANCEMENT ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Cybersecurity Protection 
Advancement Act of 2015''.

SEC. 202. NATIONAL CYBERSECURITY AND COMMUNICATIONS INTEGRATION CENTER.

    (a) In General.--Subsection (a) of the second section 226 of the 
Homeland Security Act of 2002 (6 U.S.C. 148; relating to the National 
Cybersecurity and Communications Integration Center) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1)(A) except as provided in subparagraph (B), 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 such information or information systems, 
        including such related consequences caused by an act of 
        terrorism;
            ``(B) such term does not include any action that solely 
        involves a violation of a consumer term of service or a 
        consumer licensing agreement;''.
            (2) by amending paragraph (2) to read as follows:
            ``(2) the term `incident' means an occurrence that actually 
        or imminently jeopardizes, without lawful authority, the 
        integrity, confidentiality, or availability of information on 
        an information system, or actually or imminently jeopardizes, 
        without lawful authority, an information system;''.
            (3) in paragraph (3), by striking ``and'' at the end;
            (4) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (5) by adding at the end the following new paragraphs:
            ``(5) the term `cyber threat indicator' means technical 
        information that is necessary to describe or identify--
                    ``(A) a method for probing, monitoring, 
                maintaining, or establishing network awareness of an 
                information system for the purpose of discerning 
                technical vulnerabilities of such information system, 
                if such method is known or reasonably suspected of 
                being associated with a known or suspected 
                cybersecurity risk, including communications that 
                reasonably appear to be transmitted for the purpose of 
                gathering technical information related to a 
                cybersecurity risk;
                    ``(B) a method for defeating a technical or 
                security control of an information system;
                    ``(C) a technical vulnerability, including 
                anomalous technical behavior that may become a 
                vulnerability;
                    ``(D) 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;
                    ``(E) a method for unauthorized remote 
                identification of, access to, or use of an information 
                system or information that is stored on, processed by, 
                or transiting an information system that is known or 
                reasonably suspected of being associated with a known 
                or suspected cybersecurity risk;
                    ``(F) the actual or potential harm caused by a 
                cybersecurity risk, including a description of the 
                information exfiltrated as a result of a particular 
                cybersecurity risk;
                    ``(G) any other attribute of a cybersecurity risk 
                that cannot be used to identify specific persons 
                reasonably believed to be unrelated to such 
                cybersecurity risk, if disclosure of such attribute is 
                not otherwise prohibited by law; or
                    ``(H) any combination of subparagraphs (A) through 
                (G);
            ``(6) the term `cybersecurity purpose' means the purpose of 
        protecting an information system or information that is stored 
        on, processed by, or transiting an information system from a 
        cybersecurity risk or incident, or the purpose of identifying 
        the source of a cybersecurity risk or incident;
            ``(7)(A) except as provided in subparagraph (B), the term 
        `defensive measure' means an action, device, procedure, 
        signature, technique, or other measure applied to an 
        information system or information that is stored on, processed 
        by, or transiting an information system that detects, prevents, 
        or mitigates a known or suspected cybersecurity risk or 
        incident, or any attribute of hardware, software, process, or 
        procedure that could enable or facilitate the defeat of a 
        security control;
            ``(B) such term does not include a measure that destroys, 
        renders unusable, or substantially harms an information system 
        or data on an information system not belonging to--
                    ``(i) the non-Federal entity, not including a 
                State, local, or tribal government, operating such 
                measure; or
                    ``(ii) another Federal entity or non-Federal entity 
                that is authorized to provide consent and has provided 
                such consent to the non-Federal entity referred to in 
                clause (i);
            ``(8) the term `network awareness' means to scan, identify, 
        acquire, monitor, log, or analyze information that is stored 
        on, processed by, or transiting an information system;
            ``(9)(A) the term `private entity' means a non-Federal 
        entity that is an individual or private group, organization, 
        proprietorship, partnership, trust, cooperative, corporation, 
        or other commercial or non-profit entity, including an officer, 
        employee, or agent thereof;
            ``(B) such term includes a component of a State, local, or 
        tribal government performing utility services or an entity 
        performing utility services;
            ``(10) the term `security control' means the management, 
        operational, and technical controls used to protect against an 
        unauthorized effort to adversely affect the confidentially, 
        integrity, or availability of an information system or 
        information that is stored on, processed by, or transiting an 
        information system; and
            ``(11) the term `sharing' (including all conjugations 
        thereof) means providing, receiving, and disseminating 
        (including all conjugations of each of such terms).''.
    (b) Amendment.--Subparagraph (B) of subsection (d)(1) of such 
second section 226 of the Homeland Security Act of 2002 is amended--
            (1) in clause (i), by striking ``and local'' and inserting 
        ``, local, and tribal'';
            (2) in clause (ii)--
                    (A) by inserting ``, including information sharing 
                and analysis centers'' before the semicolon; and
                    (B) by striking ``and'' at the end;
            (3) in clause (iii), by inserting ``and'' after the 
        semicolon at the end; and
            (4) by adding at the end the following new clause:
                            ``(iv) private entities;''.

SEC. 203. INFORMATION SHARING STRUCTURE AND PROCESSES.

    The second section 226 of the Homeland Security Act of 2002 (6 
U.S.C. 148; relating to the National Cybersecurity and Communications 
Integration Center) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``a Federal civilian 
                        interface'' and inserting ``the lead Federal 
                        civilian interface''; and
                            (ii) by striking ``cybersecurity risks,'' 
                        and inserting ``cyber threat indicators, 
                        defensive measures, cybersecurity risks,'';
                    (B) in paragraph (3), by striking ``cybersecurity 
                risks'' and inserting ``cyber threat indicators, 
                defensive measures, cybersecurity risks,'';
                    (C) in paragraph (5)(A), by striking 
                ``cybersecurity risks'' and inserting ``cyber threat 
                indicators, defensive measures, cybersecurity risks,'';
                    (D) in paragraph (6)--
                            (i) by striking ``cybersecurity risks'' and 
                        inserting ``cyber threat indicators, defensive 
                        measures, cybersecurity risks,''; and
                            (ii) by striking ``and'' at the end;
                    (E) in paragraph (7)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new subparagraph:
                    ``(C) sharing cyber threat indicators and defensive 
                measures;''; and
                    (F) by adding at the end the following new 
                paragraphs:
            ``(8) engaging with international partners, in consultation 
        with other appropriate agencies, to--
                    ``(A) collaborate on cyber threat indicators, 
                defensive measures, and information related to 
                cybersecurity risks and incidents; and
                    ``(B) enhance the security and resilience of global 
                cybersecurity;
            ``(9) sharing cyber threat indicators, defensive measures, 
        and other information related to cybersecurity risks and 
        incidents with Federal and non-Federal entities, including 
        across sectors of critical infrastructure and with State and 
        major urban area fusion centers, as appropriate;
            ``(10) promptly notifying the Secretary and the Committee 
        on Homeland Security of the House of Representatives and the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate of any significant violations of the policies and 
        procedures specified in subsection (i)(6)(A);
            ``(11) promptly notifying non-Federal entities that have 
        shared cyber threat indicators or defensive measures that are 
        known or determined to be in error or in contravention of the 
        requirements of this section; and
            ``(12) participating, as appropriate, in exercises run by 
        the Department's National Exercise Program.'';
            (2) in subsection (d)(1)--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (E) as 
                subparagraph (J); and
                    (C) by inserting after subparagraph (D) the 
                following new subparagraphs:
                    ``(E) an entity that collaborates with State and 
                local governments on cybersecurity risks and incidents, 
                and has entered into a voluntary information sharing 
                relationship with the Center;
                    ``(F) a United States Computer Emergency Readiness 
                Team that coordinates information related to 
                cybersecurity risks and incidents, proactively and 
                collaboratively addresses cybersecurity risks and 
                incidents to the United States, collaboratively 
                responds to cybersecurity risks and incidents, provides 
                technical assistance, upon request, to information 
                system owners and operators, and shares cyber threat 
                indicators, defensive measures, analysis, or 
                information related to cybersecurity risks and 
                incidents in a timely manner;
                    ``(G) the Industrial Control System Cyber Emergency 
                Response Team that--
                            ``(i) coordinates with industrial control 
                        systems owners and operators;
                            ``(ii) provides training, upon request, to 
                        Federal entities and non-Federal entities on 
                        industrial control systems cybersecurity;
                            ``(iii) collaboratively addresses 
                        cybersecurity risks and incidents to industrial 
                        control systems;
                            ``(iv) provides technical assistance, upon 
                        request, to Federal entities and non-Federal 
                        entities relating to industrial control systems 
                        cybersecurity;
                            ``(v) shares cyber threat indicators, 
                        defensive measures, or information related to 
                        cybersecurity risks and incidents of industrial 
                        control systems in a timely fashion; and
                            ``(vi) remains current on industrial 
                        control system innovation; industry adoption of 
                        new technologies, and industry best practices;
                    ``(H) a National Coordinating Center for 
                Communications that coordinates the protection, 
                response, and recovery of emergency communications;
                    ``(I) an entity that coordinates with small and 
                medium-sized businesses; and'';
            (3) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by inserting 
                        ``cyber threat indicators, defensive measures, 
                        and'' before ``information'';
                            (ii) in subparagraph (B), by inserting 
                        ``cyber threat indicators, defensive measures, 
                        and'' before ``information'' the first place it 
                        appears;
                            (iii) in subparagraph (F), by striking 
                        ``cybersecurity risks'' and inserting ``cyber 
                        threat indicators, defensive measures, 
                        cybersecurity risks,'';
                            (iv) in subparagraph (F), by striking 
                        ``and'' at the end;
                            (v) in subparagraph (G), by striking 
                        ``cybersecurity risks'' and inserting ``cyber 
                        threat indicators, defensive measures, 
                        cybersecurity risks,''; and
                            (vi) by adding at the end the following:
                    ``(H) the Center ensures that it shares information 
                relating to cybersecurity risks and incidents with 
                small and medium-sized businesses, as appropriate, and, 
                to the extent practicable, make self-assessment tools 
                available to such businesses to determine their levels 
                of prevention of cybersecurity risks; and
                    ``(I) the Center designates an agency contact for 
                non-Federal entities;'';
                    (B) in paragraph (2)--
                            (i) by striking ``cybersecurity risks'' and 
                        inserting ``cyber threat indicators, defensive 
                        measures, cybersecurity risks,''; and
                            (ii) by inserting ``or disclosure'' before 
                        the semicolon at the end; and
                    (C) in paragraph (3), by inserting before the 
                period at the end the following: ``, including by 
                working with the Chief Privacy Officer appointed under 
                section 222 to ensure that the Center follows the 
                policies and procedures specified in subsection 
                (i)(6)(A)''; and
            (4) by adding at the end the following new subsections:
    ``(g) Rapid Automated Sharing.--
            ``(1) In general.--The Under Secretary for Cybersecurity 
        and Infrastructure Protection, in coordination with industry 
        and other stakeholders, shall develop capabilities making use 
        of existing information technology industry standards and best 
        practices, as appropriate, that support and rapidly advance the 
        development, adoption, and implementation of automated 
        mechanisms for the timely sharing of cyber threat indicators 
        and defensive measures to and from the Center and with each 
        Federal agency designated as the `Sector Specific Agency' for 
        each critical infrastructure sector in accordance with 
        subsection (h).
            ``(2) Biannual report.--The Under Secretary for 
        Cybersecurity and Infrastructure Protection shall submit to the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate a biannual report on the status and progress of 
        the development of the capability described in paragraph (1). 
        Such reports shall be required until such capability is fully 
        implemented.
    ``(h) Sector Specific Agencies.--The Secretary, in collaboration 
with the relevant critical infrastructure sector and the heads of other 
appropriate Federal agencies, shall recognize the Federal agency 
designated as of March 25, 2015, as the `Sector Specific Agency' for 
each critical infrastructure sector designated in the Department's 
National Infrastructure Protection Plan. If the designated Sector 
Specific Agency for a particular critical infrastructure sector is the 
Department, for purposes of this section, the Secretary is deemed to be 
the head of such Sector Specific Agency and shall carry out this 
section. The Secretary, in coordination with the heads of each such 
Sector Specific Agency, shall--
            ``(1) support the security and resilience actives of the 
        relevant critical infrastructure sector in accordance with this 
        section;
            ``(2) provide institutional knowledge, specialized 
        expertise, and technical assistance upon request to the 
        relevant critical infrastructure sector; and
            ``(3) support the timely sharing of cyber threat indicators 
        and defensive measures with the relevant critical 
        infrastructure sector with the Center in accordance with this 
        section.
    ``(i) Voluntary Information Sharing Procedures.--
            ``(1) Procedures.--
                    ``(A) In general.--The Center may enter into a 
                voluntary information sharing relationship with any 
                consenting non-Federal entity for the sharing of cyber 
                threat indicators and defensive measures for 
                cybersecurity purposes in accordance with this section. 
                Nothing in this section may be construed to require any 
                non-Federal entity to enter into any such information 
                sharing relationship with the Center or any other 
                entity. The Center may terminate a voluntary 
                information sharing relationship under this subsection, 
                at the sole and unreviewable discretion of the 
                Secretary, acting through the Under Secretary for 
                Cybersecurity and Infrastructure Protection, if the 
                Center determines that the non-Federal entity with 
                which the Center has entered into such a relationship 
                has, after repeated notice, repeatedly violated the 
                terms of this subsection.
                    ``(B) National security.--The Secretary may decline 
                to enter into a voluntary information sharing 
                relationship under this subsection, at the sole and 
                unreviewable discretion of the Secretary, acting 
                through the Under Secretary for Cybersecurity and 
                Infrastructure Protection, if the Secretary determines 
                that such is appropriate for national security.
            ``(2) Voluntary information sharing relationships.--A 
        voluntary information sharing relationship under this 
        subsection may be characterized as an agreement described in 
        this paragraph.
                    ``(A) Standard agreement.--For the use of a non-
                Federal entity, the Center shall make available a 
                standard agreement, consistent with this section, on 
                the Department's website.
                    ``(B) Negotiated agreement.--At the request of a 
                non-Federal entity, and if determined appropriate by 
                the Center, at the sole and unreviewable discretion of 
                the Secretary, acting through the Under Secretary for 
                Cybersecurity and Infrastructure Protection, the 
                Department shall negotiate a non-standard agreement, 
                consistent with this section.
                    ``(C) Existing agreements.--An agreement between 
                the Center and a non-Federal entity that is entered 
                into before the date of the enactment of this section, 
                or such an agreement that is in effect before such 
                date, shall be deemed in compliance with the 
                requirements of this subsection, notwithstanding any 
                other provision or requirement of this subsection. An 
                agreement under this subsection shall include the 
                relevant privacy protections as in effect under the 
                Cooperative Research and Development Agreement for 
                Cybersecurity Information Sharing and Collaboration, as 
                of December 31, 2014. Nothing in this subsection may be 
                construed to require a non-Federal entity to enter into 
                either a standard or negotiated agreement to be in 
                compliance with this subsection.
            ``(3) Information sharing authorization.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), and notwithstanding any other 
                provision of law, a non-Federal entity may, for 
                cybersecurity purposes, share cyber threat indicators 
                or defensive measures obtained on its own information 
                system, or on an information system of another Federal 
                entity or non-Federal entity, upon written consent of 
                such other Federal entity or non-Federal entity or an 
                authorized representative of such other Federal entity 
                or non-Federal entity in accordance with this section 
                with--
                            ``(i) another non-Federal entity; or
                            ``(ii) the Center, as provided in this 
                        section.
                    ``(B) Lawful restriction.--A non-Federal entity 
                receiving a cyber threat indicator or defensive measure 
                from another Federal entity or non-Federal entity shall 
                comply with otherwise lawful restrictions placed on the 
                sharing or use of such cyber threat indicator or 
                defensive measure by the sharing Federal entity or non-
                Federal entity.
                    ``(C) Removal of information unrelated to 
                cybersecurity risks or incidents.--Federal entities and 
                non-Federal entities shall, prior to such sharing, take 
                reasonable efforts to remove or exclude information 
                that can be used to identify specific persons and is 
                reasonably believed at the time of sharing to be 
                unrelated to a cybersecurity risk or incident and to 
                safeguard information that can be used to identify 
                specific persons from unintended disclosure or 
                unauthorized access or acquisition.
                    ``(D) Rule of construction.--Nothing in this 
                paragraph may be construed to--
                            ``(i) limit or modify an existing 
                        information sharing relationship;
                            ``(ii) prohibit a new information sharing 
                        relationship;
                            ``(iii) require a new information sharing 
                        relationship between any non-Federal entity and 
                        a Federal entity;
                            ``(iv) limit otherwise lawful activity; or
                            ``(v) in any manner impact or modify 
                        procedures in existence as of the date of the 
                        enactment of this section for reporting known 
                        or suspected criminal activity to appropriate 
                        law enforcement authorities or for 
                        participating voluntarily or under legal 
                        requirement in an investigation.
                    ``(E) Coordinated vulnerability disclosure.--The 
                Under Secretary for Cybersecurity and Infrastructure 
                Protection, in coordination with industry and other 
                stakeholders, shall develop, publish, and adhere to 
                policies and procedures for coordinating vulnerability 
                disclosures, to the extent practicable, consistent with 
                international standards in the information technology 
                industry.
            ``(4) Network awareness authorization.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, a non-Federal entity, not including a 
                State, local, or tribal government, may, for 
                cybersecurity purposes, conduct network awareness of--
                            ``(i) an information system of such non-
                        Federal entity to protect the rights or 
                        property of such non-Federal entity;
                            ``(ii) an information system of another 
                        non-Federal entity, upon written consent of 
                        such other non-Federal entity for conducting 
                        such network awareness to protect the rights or 
                        property of such other non-Federal entity;
                            ``(iii) an information system of a Federal 
                        entity, upon written consent of an authorized 
                        representative of such Federal entity for 
                        conducting such network awareness to protect 
                        the rights or property of such Federal entity; 
                        or
                            ``(iv) information that is stored on, 
                        processed by, or transiting an information 
                        system described in this subparagraph.
                    ``(B) Rule of construction.--Nothing in this 
                paragraph may be construed to--
                            ``(i) authorize conducting network 
                        awareness of an information system, or the use 
                        of any information obtained through such 
                        conducting of network awareness, other than as 
                        provided in this section; or
                            ``(ii) limit otherwise lawful activity.
            ``(5) Defensive measure authorization.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and notwithstanding any other 
                provision of law, a non-Federal entity, not including a 
                State, local, or tribal government, may, for 
                cybersecurity purposes, operate a defensive measure 
                that is applied to--
                            ``(i) an information system of such non-
                        Federal entity to protect the rights or 
                        property of such non-Federal entity;
                            ``(ii) an information system of another 
                        non-Federal entity upon written consent of such 
                        other non-Federal entity for operation of such 
                        defensive measure to protect the rights or 
                        property of such other non-Federal entity;
                            ``(iii) an information system of a Federal 
                        entity upon written consent of an authorized 
                        representative of such Federal entity for 
                        operation of such defensive measure to protect 
                        the rights or property of such Federal entity; 
                        or
                            ``(iv) information that is stored on, 
                        processed by, or transiting an information 
                        system described in this subparagraph.
                    ``(B) Rule of construction.--Nothing in this 
                paragraph may be construed to--
                            ``(i) authorize the use of a defensive 
                        measure other than as provided in this section; 
                        or
                            ``(ii) limit otherwise lawful activity.
            ``(6) Privacy and civil liberties protections.--
                    ``(A) Policies and procedures.--
                            ``(i) In general.--The Under Secretary for 
                        Cybersecurity and Infrastructure Protection 
                        shall, in coordination with the Chief Privacy 
                        Officer and the Chief Civil Rights and Civil 
                        Liberties Officer of the Department, establish 
                        and annually review policies and procedures 
                        governing the receipt, retention, use, and 
                        disclosure of cyber threat indicators, 
                        defensive measures, and information related to 
                        cybersecurity risks and incidents shared with 
                        the Center in accordance with this section. 
                        Such policies and procedures shall apply only 
                        to the Department, consistent with the need to 
                        protect information systems from cybersecurity 
                        risks and incidents and mitigate cybersecurity 
                        risks and incidents in a timely manner, and 
                        shall--
                                    ``(I) be consistent with the 
                                Department's Fair Information Practice 
                                Principles developed pursuant to 
                                section 552a of title 5, United States 
                                Code (commonly referred to as the 
                                `Privacy Act of 1974' or the `Privacy 
                                Act'), and subject to the Secretary's 
                                authority under subsection (a)(2) of 
                                section 222 of this Act;
                                    ``(II) reasonably limit, to the 
                                greatest extent practicable, the 
                                receipt, retention, use, and disclosure 
                                of cyber threat indicators and 
                                defensive measures associated with 
                                specific persons that is not necessary, 
                                for cybersecurity purposes, to protect 
                                a network or information system from 
                                cybersecurity risks or mitigate 
                                cybersecurity risks and incidents in a 
                                timely manner;
                                    ``(III) minimize any impact on 
                                privacy and civil liberties;
                                    ``(IV) provide data integrity 
                                through the prompt removal and 
                                destruction of obsolete or erroneous 
                                names and personal information that is 
                                unrelated to the cybersecurity risk or 
                                incident information shared and 
                                retained by the Center in accordance 
                                with this section;
                                    ``(V) include requirements to 
                                safeguard cyber threat indicators and 
                                defensive measures retained by the 
                                Center, including information that is 
                                proprietary or business-sensitive, or 
                                that may be used to identify specific 
                                persons from unauthorized access or 
                                acquisition;
                                    ``(VI) protect the confidentiality 
                                of cyber threat indicators and 
                                defensive measures associated with 
                                specific persons to the greatest extent 
                                practicable; and
                                    ``(VII) ensure all relevant 
                                constitutional, legal, and privacy 
                                protections are observed.
                            ``(ii) Submission to congress.--Not later 
                        than 180 days after the date of the enactment 
                        of this section and annually thereafter, the 
                        Chief Privacy Officer and the Officer for Civil 
                        Rights and Civil Liberties of the Department, 
                        in consultation with the Privacy and Civil 
                        Liberties Oversight Board (established pursuant 
                        to section 1061 of the Intelligence Reform and 
                        Terrorism Prevention Act of 2004 (42 U.S.C. 
                        2000ee)), shall submit to the Committee on 
                        Homeland Security of the House of 
                        Representatives and the Committee on Homeland 
                        Security and Governmental Affairs of the Senate 
                        the policies and procedures governing the 
                        sharing of cyber threat indicators, defensive 
                        measures, and information related to 
                        cybersecurity risks and incidents described in 
                        clause (i) of subparagraph (A).
                            ``(iii) Public notice and access.--The 
                        Under Secretary for Cybersecurity and 
                        Infrastructure Protection, in consultation with 
                        the Chief Privacy Officer and the Chief Civil 
                        Rights and Civil Liberties Officer of the 
                        Department, and the Privacy and Civil Liberties 
                        Oversight Board (established pursuant to 
                        section 1061 of the Intelligence Reform and 
                        Terrorism Prevention Act of 2004 (42 U.S.C. 
                        2000ee)), shall ensure there is public notice 
                        of, and access to, the policies and procedures 
                        governing the sharing of cyber threat 
                        indicators, defensive measures, and information 
                        related to cybersecurity risks and incidents.
                            ``(iv) Consultation.--The Under Secretary 
                        for Cybersecurity and Infrastructure Protection 
                        when establishing policies and procedures to 
                        support privacy and civil liberties may consult 
                        with the National Institute of Standards and 
                        Technology.
                    ``(B) Implementation.--The Chief Privacy Officer of 
                the Department, on an ongoing basis, shall--
                            ``(i) monitor the implementation of the 
                        policies and procedures governing the sharing 
                        of cyber threat indicators and defensive 
                        measures established pursuant to clause (i) of 
                        subparagraph (A);
                            ``(ii) regularly review and update privacy 
                        impact assessments, as appropriate, to ensure 
                        all relevant constitutional, legal, and privacy 
                        protections are being followed;
                            ``(iii) work with the Under Secretary for 
                        Cybersecurity and Infrastructure Protection to 
                        carry out paragraphs (10) and (11) of 
                        subsection (c);
                            ``(iv) annually submit to the Committee on 
                        Homeland Security of the House of 
                        Representatives and the Committee on Homeland 
                        Security and Governmental Affairs of the Senate 
                        a report that contains a review of the 
                        effectiveness of such policies and procedures 
                        to protect privacy and civil liberties; and
                            ``(v) ensure there are appropriate 
                        sanctions in place for officers, employees, or 
                        agents of the Department who intentionally or 
                        willfully conduct activities under this section 
                        in an unauthorized manner.
                    ``(C) Inspector general report.--The Inspector 
                General of the Department, in consultation with the 
                Privacy and Civil Liberties Oversight Board and the 
                Inspector General of each Federal agency that receives 
                cyber threat indicators or defensive measures shared 
                with the Center under this section, shall, not later 
                than two years after the date of the enactment of this 
                subsection and periodically thereafter submit to the 
                Committee on Homeland Security of the House of 
                Representatives and the Committee on Homeland Security 
                and Governmental Affairs of the Senate a report 
                containing a review of the use of cybersecurity risk 
                information shared with the Center, including the 
                following:
                            ``(i) A report on the receipt, use, and 
                        dissemination of cyber threat indicators and 
                        defensive measures that have been shared with 
                        Federal entities under this section.
                            ``(ii) Information on the use by the Center 
                        of such information for a purpose other than a 
                        cybersecurity purpose.
                            ``(iii) A review of the type of information 
                        shared with the Center under this section.
                            ``(iv) A review of the actions taken by the 
                        Center based on such information.
                            ``(v) The appropriate metrics that exist to 
                        determine the impact, if any, on privacy and 
                        civil liberties as a result of the sharing of 
                        such information with the Center.
                            ``(vi) A list of other Federal agencies 
                        receiving such information.
                            ``(vii) A review of the sharing of such 
                        information within the Federal Government to 
                        identify inappropriate stove piping of such 
                        information.
                            ``(viii) Any recommendations of the 
                        Inspector General of the Department for 
                        improvements or modifications to information 
                        sharing under this section.
                    ``(D) Privacy and civil liberties officers 
                report.--The Chief Privacy Officer and the Chief Civil 
                Rights and Civil Liberties Officer of the Department, 
                in consultation with the Privacy and Civil Liberties 
                Oversight Board, the Inspector General of the 
                Department, and the senior privacy and civil liberties 
                officer of each Federal agency that receives cyber 
                threat indicators and defensive measures shared with 
                the Center under this section, shall biennially submit 
                to the appropriate congressional committees a report 
                assessing the privacy and civil liberties impact of the 
                activities under this paragraph. Each such report shall 
                include any recommendations the Chief Privacy Officer 
                and the Chief Civil Rights and Civil Liberties Officer 
                of the Department consider appropriate to minimize or 
                mitigate the privacy and civil liberties impact of the 
                sharing of cyber threat indicators and defensive 
                measures under this section.
                    ``(E) Form.--Each report required under 
                subparagraphs (C) and (D) shall be submitted in 
                unclassified form, but may include a classified annex.
            ``(7) Uses and protection of information.--
                    ``(A) Non-federal entities.--A non-Federal entity, 
                not including a State, local, or tribal government, 
                that shares cyber threat indicators or defensive 
                measures through the Center or otherwise under this 
                section--
                            ``(i) may use, retain, or further disclose 
                        such cyber threat indicators or defensive 
                        measures solely for cybersecurity purposes;
                            ``(ii) shall, prior to such sharing, take 
                        reasonable efforts to remove or exclude 
                        information that can be used to identify 
                        specific persons and is reasonably believed at 
                        the time of sharing to be unrelated to a 
                        cybersecurity risk or incident, and to 
                        safeguard information that can be used to 
                        identify specific persons from unintended 
                        disclosure or unauthorized access or 
                        acquisition;
                            ``(iii) shall comply with appropriate 
                        restrictions that a Federal entity or non-
                        Federal entity places on the subsequent 
                        disclosure or retention of cyber threat 
                        indicators and defensive measures that it 
                        discloses to other Federal entities or non-
                        Federal entities;
                            ``(iv) shall be deemed to have voluntarily 
                        shared such cyber threat indicators or 
                        defensive measures;
                            ``(v) shall implement and utilize a 
                        security control to protect against 
                        unauthorized access to or acquisition of such 
                        cyber threat indicators or defensive measures; 
                        and
                            ``(vi) may not use such information to gain 
                        an unfair competitive advantage to the 
                        detriment of any non-Federal entity.
                    ``(B) Federal entities.--
                            ``(i) Uses of information.--A Federal 
                        entity that receives cyber threat indicators or 
                        defensive measures shared through the Center or 
                        otherwise under this section from another 
                        Federal entity or a non-Federal entity--
                                    ``(I) may use, retain, or further 
                                disclose such cyber threat indicators 
                                or defensive measures solely for 
                                cybersecurity purposes;
                                    ``(II) shall, prior to such 
                                sharing, take reasonable efforts to 
                                remove or exclude information that can 
                                be used to identify specific persons 
                                and is reasonably believed at the time 
                                of sharing to be unrelated to a 
                                cybersecurity risk or incident, and to 
                                safeguard information that can be used 
                                to identify specific persons from 
                                unintended disclosure or unauthorized 
                                access or acquisition;
                                    ``(III) shall be deemed to have 
                                voluntarily shared such cyber threat 
                                indicators or defensive measures;
                                    ``(IV) shall implement and utilize 
                                a security control to protect against 
                                unauthorized access to or acquisition 
                                of such cyber threat indicators or 
                                defensive measures; and
                                    ``(V) may not use such cyber threat 
                                indicators or defensive measures to 
                                engage in surveillance or other 
                                collection activities for the purpose 
                                of tracking an individual's personally 
                                identifiable information, except for 
                                purposes authorized in this section.
                            ``(ii) Protections for information.--The 
                        cyber threat indicators and defensive measures 
                        referred to in clause (i)--
                                    ``(I) are exempt from disclosure 
                                under section 552 of title 5, United 
                                States Code, and withheld, without 
                                discretion, from the public under 
                                subsection (b)(3)(B) of such section;
                                    ``(II) may not be used by the 
                                Federal Government for regulatory 
                                purposes;
                                    ``(III) may not constitute a waiver 
                                of any applicable privilege or 
                                protection provided by law, including 
                                trade secret protection;
                                    ``(IV) shall be considered the 
                                commercial, financial, and proprietary 
                                information of the non-Federal entity 
                                referred to in clause (i) when so 
                                designated by such non-Federal entity; 
                                and
                                    ``(V) may not be subject to a rule 
                                of any Federal entity or any judicial 
                                doctrine regarding ex parte 
                                communications with a decisionmaking 
                                official.
                    ``(C) State, local, or tribal government.--
                            ``(i) Uses of information.--A State, local, 
                        or tribal government that receives cyber threat 
                        indicators or defensive measures from the 
                        Center from a Federal entity or a non-Federal 
                        entity--
                                    ``(I) may use, retain, or further 
                                disclose such cyber threat indicators 
                                or defensive measures solely for 
                                cybersecurity purposes;
                                    ``(II) shall, prior to such 
                                sharing, take reasonable efforts to 
                                remove or exclude information that can 
                                be used to identify specific persons 
                                and is reasonably believed at the time 
                                of sharing to be unrelated to a 
                                cybersecurity risk or incident, and to 
                                safeguard information that can be used 
                                to identify specific persons from 
                                unintended disclosure or unauthorized 
                                access or acquisition;
                                    ``(III) shall consider such 
                                information the commercial, financial, 
                                and proprietary information of such 
                                Federal entity or non-Federal entity if 
                                so designated by such Federal entity or 
                                non-Federal entity;
                                    ``(IV) shall be deemed to have 
                                voluntarily shared such cyber threat 
                                indicators or defensive measures; and
                                    ``(V) shall implement and utilize a 
                                security control to protect against 
                                unauthorized access to or acquisition 
                                of such cyber threat indicators or 
                                defensive measures.
                            ``(ii) Protections for information.--The 
                        cyber threat indicators and defensive measures 
                        referred to in clause (i)--
                                    ``(I) shall be exempt from 
                                disclosure under any State, local, or 
                                tribal law or regulation that requires 
                                public disclosure of information or 
                                records by a public or quasi-public 
                                entity; and
                                    ``(II) may not be used by any 
                                State, local, or tribal government to 
                                regulate a lawful activity of a non-
                                Federal entity.
            ``(8) Liability exemptions.--
                    ``(A) Network awareness.--No cause of action shall 
                lie or be maintained in any court, and such action 
                shall be promptly dismissed, against any non-Federal 
                entity that, for cybersecurity purposes, conducts 
                network awareness under paragraph (4), if such network 
                awareness is conducted in accordance with such 
                paragraph and this section.
                    ``(B) Information sharing.--No cause of action 
                shall lie or be maintained in any court, and such 
                action shall be promptly dismissed, against any non-
                Federal entity that, for cybersecurity purposes, shares 
                cyber threat indicators or defensive measures under 
                paragraph (3), or in good faith fails to act based on 
                such sharing, if such sharing is conducted in 
                accordance with such paragraph and this section.
                    ``(C) Willful misconduct.--
                            ``(i) Rule of construction.--Nothing in 
                        this section may be construed to--
                                    ``(I) require dismissal of a cause 
                                of action against a non-Federal entity 
                                that has engaged in willful misconduct 
                                in the course of conducting activities 
                                authorized by this section; or
                                    ``(II) undermine or limit the 
                                availability of otherwise applicable 
                                common law or statutory defenses.
                            ``(ii) Proof of willful misconduct.--In any 
                        action claiming that subparagraph (A) or (B) 
                        does not apply due to willful misconduct 
                        described in clause (i), the plaintiff shall 
                        have the burden of proving by clear and 
                        convincing evidence the willful misconduct by 
                        each non-Federal entity subject to such claim 
                        and that such willful misconduct proximately 
                        caused injury to the plaintiff.
                            ``(iii) Willful misconduct defined.--In 
                        this subsection, the term `willful misconduct' 
                        means an act or omission that is taken--
                                    ``(I) intentionally to achieve a 
                                wrongful purpose;
                                    ``(II) knowingly without legal or 
                                factual justification; and
                                    ``(III) in disregard of a known or 
                                obvious risk that is so great as to 
                                make it highly probable that the harm 
                                will outweigh the benefit.
                    ``(D) Exclusion.--The term `non-Federal entity' as 
                used in this paragraph shall not include a State, 
                local, or tribal government.
            ``(9) Federal government liability for violations of 
        restrictions on the use and protection of voluntarily shared 
        information.--
                    ``(A) In general.--If a department or agency of the 
                Federal Government intentionally or willfully violates 
                the restrictions specified in paragraph (3), (6), or 
                (7)(B) on the use and protection of voluntarily shared 
                cyber threat indicators or defensive measures, or any 
                other provision of this section, the Federal Government 
                shall be liable to a person injured by such violation 
                in an amount equal to the sum of--
                            ``(i) the actual damages sustained by such 
                        person as a result of such violation or $1,000, 
                        whichever is greater; and
                            ``(ii) reasonable attorney fees as 
                        determined by the court and other litigation 
                        costs reasonably occurred in any case under 
                        this subsection in which the complainant has 
                        substantially prevailed.
                    ``(B) Venue.--An action to enforce liability under 
                this subsection may be brought in the district court of 
                the United States in--
                            ``(i) the district in which the complainant 
                        resides;
                            ``(ii) the district in which the principal 
                        place of business of the complainant is 
                        located;
                            ``(iii) the district in which the 
                        department or agency of the Federal Government 
                        that disclosed the information is located; or
                            ``(iv) the District of Columbia.
                    ``(C) Statute of limitations.--No action shall lie 
                under this subsection unless such action is commenced 
                not later than two years after the date on which the 
                cause of action arises.
                    ``(D) Exclusive cause of action.--A cause of action 
                under this subsection shall be the exclusive means 
                available to a complainant seeking a remedy for a 
                violation of any restriction specified in paragraph 
                (3), (6), or 7(B) or any other provision of this 
                section.
            ``(10) Anti-trust exemption.--
                    ``(A) In general.--Except as provided in 
                subparagraph (C), it shall not be considered a 
                violation of any provision of antitrust laws for two or 
                more non-Federal entities to share a cyber threat 
                indicator or defensive measure, or assistance relating 
                to the prevention, investigation, or mitigation of a 
                cybersecurity risk or incident, for cybersecurity 
                purposes under this Act.
                    ``(B) Applicability.--Subparagraph (A) shall apply 
                only to information that is shared or assistance that 
                is provided in order to assist with--
                            ``(i) facilitating the prevention, 
                        investigation, or mitigation of a cybersecurity 
                        risk or incident to an information system or 
                        information that is stored on, processed by, or 
                        transiting an information system; or
                            ``(ii) communicating or disclosing a cyber 
                        threat indicator or defensive measure to help 
                        prevent, investigate, or mitigate the effect of 
                        a cybersecurity risk or incident to an 
                        information system or information that is 
                        stored on, processed by, or transiting an 
                        information system.
            ``(11) Construction and preemption.--
                    ``(A) Otherwise lawful disclosures.--Nothing in 
                this section may be construed to limit or prohibit 
                otherwise lawful disclosures of communications, 
                records, or other information, including reporting of 
                known or suspected criminal activity or participating 
                voluntarily or under legal requirement in an 
                investigation, by a non-Federal to any other non-
                Federal entity or Federal entity under this section.
                    ``(B) Whistle blower protections.--Nothing in this 
                section may be construed to prohibit or limit the 
                disclosure of information protected under section 
                2302(b)(8) of title 5, United States Code (governing 
                disclosures of illegality, waste, fraud, abuse, or 
                public health or safety threats), section 7211 of title 
                5, United States Code (governing disclosures to 
                Congress), section 1034 of title 10, United States Code 
                (governing disclosure to Congress by members of the 
                military), section 1104 of the National Security Act of 
                1947 (50 U.S.C. 3234) (governing disclosure by 
                employees of elements of the intelligence community), 
                or any similar provision of Federal or State law.
                    ``(C) Relationship to other laws.--Nothing in this 
                section may be construed to affect any requirement 
                under any other provision of law for a non-Federal 
                entity to provide information to a Federal entity.
                    ``(D) Preservation of contractual obligations and 
                rights.--Nothing in this section may be construed to--
                            ``(i) amend, repeal, or supersede any 
                        current or future contractual agreement, terms 
                        of service agreement, or other contractual 
                        relationship between any non-Federal entities, 
                        or between any non-Federal entity and a Federal 
                        entity; or
                            ``(ii) abrogate trade secret or 
                        intellectual property rights of any non-Federal 
                        entity or Federal entity.
                    ``(E) Anti-tasking restriction.--Nothing in this 
                section may be construed to permit a Federal entity 
                to--
                            ``(i) require a non-Federal entity to 
                        provide information to a Federal entity;
                            ``(ii) condition the sharing of cyber 
                        threat indicators or defensive measures with a 
                        non-Federal entity on such non-Federal entity's 
                        provision of cyber threat indicators or 
                        defensive measures to a Federal entity; or
                            ``(iii) condition the award of any Federal 
                        grant, contract, or purchase on the sharing of 
                        cyber threat indicators or defensive measures 
                        with a Federal entity.
                    ``(F) No liability for non-participation.--Nothing 
                in this section may be construed to subject any non-
                Federal entity to liability for choosing to not engage 
                in the voluntary activities authorized under this 
                section.
                    ``(G) Use and retention of information.--Nothing in 
                this section may 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 this section for any use other 
                than permitted in this section.
                    ``(H) Voluntary sharing.--Nothing in this section 
                may be construed to restrict or condition a non-Federal 
                entity from sharing, for cybersecurity purposes, cyber 
                threat indicators, defensive measures, or information 
                related to cybersecurity risks or incidents with any 
                other non-Federal entity, and nothing in this section 
                may be construed as requiring any non-Federal entity to 
                share cyber threat indicators, defensive measures, or 
                information related to cybersecurity risks or incidents 
                with the Center.
                    ``(I) Prohibited conduct.--Nothing in this section 
                may be construed to permit price-fixing, allocating a 
                market between competitors, monopolizing or attempting 
                to monopolize a market, or exchanges of price or cost 
                information, customer lists, or information regarding 
                future competitive planning.
                    ``(J) Federal preemption.--This section supersedes 
                any statute or other provision of law of a State or 
                political subdivision of a State that restricts or 
                otherwise expressly regulates an activity authorized 
                under this section.
    ``(j) Direct Reporting.--The Secretary shall develop policies and 
procedures for direct reporting to the Secretary by the Director of the 
Center regarding significant cybersecurity risks and incidents.
    ``(k) Additional Responsibilities.--The Secretary shall build upon 
existing mechanisms to promote a national awareness effort to educate 
the general public on the importance of securing information systems.
    ``(l) Reports on International Cooperation.--Not later than 180 
days after the date of the enactment of this subsection and 
periodically thereafter, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate a report on the range of efforts underway to 
bolster cybersecurity collaboration with relevant international 
partners in accordance with subsection (c)(8).
    ``(m) Outreach.--Not later than 60 days after the date of the 
enactment of this subsection, the Secretary, acting through the Under 
Secretary for Cybersecurity and Infrastructure Protection, shall--
            ``(1) disseminate to the public information about how to 
        voluntarily share cyber threat indicators and defensive 
        measures with the Center; and
            ``(2) enhance outreach to critical infrastructure owners 
        and operators for purposes of such sharing.''.

SEC. 204. INFORMATION SHARING AND ANALYSIS ORGANIZATIONS.

    Section 212 of the Homeland Security Act of 2002 (6 U.S.C. 131) is 
amended--
            (1) in paragraph (5)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``and information related 
                        to cybersecurity risks and incidents and'' 
                        after ``critical infrastructure information''; 
                        and
                            (ii) by striking ``related to critical 
                        infrastructure'' and inserting ``related to 
                        cybersecurity risks, incidents, critical 
                        infrastructure, and'';
                    (B) in subparagraph (B)--
                            (i) by striking ``disclosing critical 
                        infrastructure information'' and inserting 
                        ``disclosing cybersecurity risks, incidents, 
                        and critical infrastructure information''; and
                            (ii) by striking ``related to critical 
                        infrastructure or'' and inserting ``related to 
                        cybersecurity risks, incidents, critical 
                        infrastructure, or'' and
                    (C) in subparagraph (C), by striking 
                ``disseminating critical infrastructure information'' 
                and inserting ``disseminating cybersecurity risks, 
                incidents, and critical infrastructure information''; 
                and
            (2) by adding at the end the following new paragraph:
            ``(8) Cybersecurity risk; incident.--The terms 
        `cybersecurity risk' and `incident' have the meanings given 
        such terms in the second section 226 (relating to the National 
        Cybersecurity and Communications Integration Center).''.

SEC. 205. STREAMLINING OF DEPARTMENT OF HOMELAND SECURITY CYBERSECURITY 
              AND INFRASTRUCTURE PROTECTION ORGANIZATION.

    (a) Cybersecurity and Infrastructure Protection.--The National 
Protection and Programs Directorate of the Department of Homeland 
Security shall, after the date of the enactment of this title, be known 
and designated as the ``Cybersecurity and Infrastructure Protection''. 
Any reference to the National Protection and Programs Directorate of 
the Department in any law, regulation, map, document, record, or other 
paper of the United States shall be deemed to be a reference to the 
Cybersecurity and Infrastructure Protection of the Department.
    (b) Senior Leadership of Cybersecurity and Infrastructure 
Protection.--
            (1) In general.--Subsection (a) of section 103 of the 
        Homeland Security Act of 2002 (6 U.S.C. 113) is amended--
                    (A) in paragraph (1)--
                            (i) by amending subparagraph (H) to read as 
                        follows:
                            ``(H) An Under Secretary for Cybersecurity 
                        and Infrastructure Protection.''; and
                            (ii) by adding at the end the following new 
                        subparagraphs:
                            ``(K) A Deputy Under Secretary for 
                        Cybersecurity.
                            ``(L) A Deputy Under Secretary for 
                        Infrastructure Protection.''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) Deputy under secretaries.--The Deputy Under 
        Secretaries referred to in subparagraphs (K) and (L) of 
        paragraph (1) shall be appointed by the President without the 
        advice and consent of the Senate.''.
            (2) Continuation in office.--The individuals who hold the 
        positions referred in subparagraphs (H), (K), and (L) of 
        paragraph (1) of section 103(a) the Homeland Security Act of 
        2002 (as amended and added by paragraph (1) of this subsection) 
        as of the date of the enactment of this title may continue to 
        hold such positions.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this title, the Under Secretary for Cybersecurity and Infrastructure 
Protection of the Department of Homeland Security shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
report on the feasibility of becoming an operational component, 
including an analysis of alternatives, and if a determination is 
rendered that becoming an operational component is the best option for 
achieving the mission of Cybersecurity and Infrastructure Protection, a 
legislative proposal and implementation plan for becoming such an 
operational component. Such report shall also include plans to more 
effectively carry out the cybersecurity mission of Cybersecurity and 
Infrastructure Protection, including expediting information sharing 
agreements.

SEC. 206. CYBER INCIDENT RESPONSE PLANS.

    (a) In General.--Section 227 of the Homeland Security Act of 2002 
(6 U.S.C. 149) is amended--
            (1) in the heading, by striking ``plan'' and inserting 
        ``plans'';
            (2) by striking ``The Under Secretary appointed under 
        section 103(a)(1)(H) shall'' and inserting the following:
    ``(a) In General.--The Under Secretary for Cybersecurity and 
Infrastructure Protection shall''; and
            (3) by adding at the end the following new subsection:
    ``(b) Updates to the Cyber Incident Annex to the National Response 
Framework.--The Secretary, in coordination with the heads of other 
appropriate Federal departments and agencies, and in accordance with 
the National Cybersecurity Incident Response Plan required under 
subsection (a), shall regularly update, maintain, and exercise the 
Cyber Incident Annex to the National Response Framework of the 
Department.''.
    (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by amending the item relating to 
section 227 to read as follows:

        ``Sec. 227. Cyber incident response plans.''.

SEC. 207. SECURITY AND RESILIENCY OF PUBLIC SAFETY COMMUNICATIONS; 
              CYBERSECURITY AWARENESS CAMPAIGN.

    (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 new sections:

``SEC. 230. SECURITY AND RESILIENCY OF PUBLIC SAFETY COMMUNICATIONS.

    ``The National Cybersecurity and Communications Integration Center, 
in coordination with the Office of Emergency Communications of the 
Department, shall assess and evaluate consequence, vulnerability, and 
threat information regarding cyber incidents to public safety 
communications to help facilitate continuous improvements to the 
security and resiliency of such communications.

``SEC. 231. CYBERSECURITY AWARENESS CAMPAIGN.

    ``(a) In General.--The Under Secretary for Cybersecurity and 
Infrastructure Protection shall develop and implement an ongoing and 
comprehensive cybersecurity awareness campaign regarding cybersecurity 
risks and voluntary best practices for mitigating and responding to 
such risks. Such campaign shall, at a minimum, publish and disseminate, 
on an ongoing basis, the following:
            ``(1) Public service announcements targeted at improving 
        awareness among State, local, and tribal governments, the 
        private sector, academia, and stakeholders in specific 
        audiences, including the elderly, students, small businesses, 
        members of the Armed Forces, and veterans.
            ``(2) Vendor and technology-neutral voluntary best 
        practices information.
    ``(b) Consultation.--The Under Secretary for Cybersecurity and 
Infrastructure Protection shall consult with a wide range of 
stakeholders in government, industry, academia, and the non-profit 
community in carrying out this section.

``SEC. 232. NATIONAL CYBERSECURITY PREPAREDNESS CONSORTIUM.

    ``(a) In General.--The Secretary may establish a consortium to be 
known as the `National Cybersecurity Preparedness Consortium' (in this 
section referred to as the `Consortium').
    ``(b) Functions.--The Consortium may--
            ``(1) provide training to State and local first responders 
        and officials specifically for preparing and responding to 
        cyber attacks;
            ``(2) develop and update a curriculum utilizing the 
        National Protection and Programs Directorate of the Department 
        sponsored Community Cyber Security Maturity Model (CCSMM) for 
        State and local first responders and officials;
            ``(3) provide technical assistance services to build and 
        sustain capabilities in support of cybersecurity preparedness 
        and response;
            ``(4) conduct cybersecurity training and simulation 
        exercises to defend from and respond to cyber-attacks;
            ``(5) coordinate with the National Cybersecurity and 
        Communications Integration Center to help States and 
        communities develop cybersecurity information sharing programs; 
        and
            ``(6) coordinate with the National Domestic Preparedness 
        Consortium to incorporate cybersecurity emergency responses 
        into existing State and local emergency management functions.
    ``(c) Members.--The Consortium shall consist of academic, 
nonprofit, and government partners that develop, update, and deliver 
cybersecurity training in support of homeland security. Members shall 
have prior experience conducting cybersecurity training and exercises 
for State and local entities.''.
    (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 226 (relating to cybersecurity recruitment and retention) the 
following new items:

``Sec. 230. Security and resiliency of public safety communications.
``Sec. 231. Cybersecurity awareness campaign.
``Sec. 232. National Cybersecurity Preparedness Consortium.''.

SEC. 208. CRITICAL INFRASTRUCTURE PROTECTION RESEARCH AND DEVELOPMENT.

    (a) Strategic Plan; Public-Private Consortiums.--Title III of the 
Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by 
adding at the end the following new section:

``SEC. 318. RESEARCH AND DEVELOPMENT STRATEGY FOR CRITICAL 
              INFRASTRUCTURE PROTECTION.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary, acting through the Under 
Secretary for Science and Technology, shall submit to Congress a 
strategic plan to guide the overall direction of Federal physical 
security and cybersecurity technology research and development efforts 
for protecting critical infrastructure, including against all threats. 
Such plan shall be updated and submitted to Congress every two years.
    ``(b) Contents of Plan.--The strategic plan, including biennial 
updates, required under subsection (a) shall include the following:
            ``(1) An identification of critical infrastructure security 
        risks and any associated security technology gaps, that are 
        developed following:
                    ``(A) Consultation with stakeholders, including 
                critical infrastructure Sector Coordinating Councils.
                    ``(B) Performance by the Department of a risk and 
                gap analysis that considers information received in 
                such consultations.
            ``(2) A set of critical infrastructure security technology 
        needs that--
                    ``(A) is prioritized based on the risks and gaps 
                identified under paragraph (1);
                    ``(B) emphasizes research and development of 
                technologies that need to be accelerated due to rapidly 
                evolving threats or rapidly advancing infrastructure 
                technology; and
                    ``(C) includes research, development, and 
                acquisition roadmaps with clearly defined objectives, 
                goals, and measures.
            ``(3) An identification of laboratories, facilities, 
        modeling, and simulation capabilities that will be required to 
        support the research, development, demonstration, testing, 
        evaluation, and acquisition of the security technologies 
        described in paragraph (2).
            ``(4) An identification of current and planned programmatic 
        initiatives for fostering the rapid advancement and deployment 
        of security technologies for critical infrastructure 
        protection, including a consideration of opportunities for 
        public-private partnerships, intragovernment collaboration, 
        university centers of excellence, and national laboratory 
        technology transfer.
            ``(5) A description of progress made with respect to each 
        critical infrastructure security risk, associated security 
        technology gap, and critical infrastructure technology need 
        identified in the preceding strategic plan required under 
        subsection (a).
    ``(c) Coordination.--In carrying out this section, the Under 
Secretary for Science and Technology shall coordinate with the Under 
Secretary for the National Protection and Programs Directorate.
    ``(d) Consultation.--In carrying out this section, the Under 
Secretary for Science and Technology shall consult with--
            ``(1) critical infrastructure Sector Coordinating Councils;
            ``(2) to the extent practicable, subject matter experts on 
        critical infrastructure protection from universities, colleges, 
        national laboratories, and private industry;
            ``(3) the heads of other relevant Federal departments and 
        agencies that conduct research and development relating to 
        critical infrastructure protection; and
            ``(4) State, local, and tribal governments, as 
        appropriate.''.
    (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 317 the following new item:

``Sec. 318. Research and development strategy for critical 
                            infrastructure protection.''.

SEC. 209. REPORT ON REDUCING CYBERSECURITY RISKS IN DHS DATA CENTERS.

    Not later than 1 year after the date of the enactment of this 
title, the Secretary of Homeland Security shall submit to the Committee 
on Homeland Security of the House of Representatives and the Committee 
on Homeland Security and Governmental Affairs of the Senate a report on 
the feasibility of the Department of Homeland Security creating an 
environment for the reduction in cybersecurity risks in Department data 
centers, including by increasing compartmentalization between systems, 
and providing a mix of security controls between such compartments.

SEC. 210. ASSESSMENT.

    Not later than 2 years after the date of the enactment of this 
title, the Comptroller General of the United States shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
report that contains an assessment of the implementation by the 
Secretary of Homeland Security of this title and the amendments made by 
this title and, to the extent practicable, findings regarding increases 
in the sharing of cyber threat indicators, defensive measures, and 
information relating to cybersecurity risks and incidents at the 
National Cybersecurity and Communications Integration Center and 
throughout the United States.

SEC. 211. CONSULTATION.

    The Under Secretary for Cybersecurity and Infrastructure Protection 
shall produce a report on the feasibility of creating a risk-informed 
prioritization plan should multiple critical infrastructures experience 
cyber incidents simultaneously.

SEC. 212. TECHNICAL ASSISTANCE.

    The Inspector General of the Department of Homeland Security shall 
review the operations of the United States Computer Emergency Readiness 
Team (US-CERT) and the Industrial Control Systems Cyber Emergency 
Response Team (ICS-CERT) to assess the capacity to provide technical 
assistance to non-Federal entities and to adequately respond to 
potential increases in requests for technical assistance.

SEC. 213. PROHIBITION ON NEW REGULATORY AUTHORITY.

    Nothing in this title or the amendments made by this title may be 
construed to grant the Secretary of Homeland Security any authority to 
promulgate regulations or set standards relating to the cybersecurity 
of non-Federal entities, not including State, local, and tribal 
governments, that was not in effect on the day before the date of the 
enactment of this title.

SEC. 214. SUNSET.

    Any requirements for reports required by this title or the 
amendments made by this title shall terminate on the date that is 7 
years after the date of the entitlement of this title.

SEC. 215. PROHIBITION ON NEW FUNDING.

    No funds are authorized to be appropriated to carry out this title 
and the amendments made by this title. This title and such amendments 
shall be carried out using amounts appropriated or otherwise made 
available for such purposes.

SEC. 216. PROTECTION OF FEDERAL INFORMATION SYSTEMS.

    (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 new section:

``SEC. 233. AVAILABLE PROTECTION OF FEDERAL INFORMATION SYSTEMS.

    ``(a) In General.--The Secretary shall deploy and operate, to make 
available for use by any Federal agency, with or without reimbursement, 
capabilities to protect Federal agency information and information 
systems, including technologies to continuously diagnose, detect, 
prevent, and mitigate against cybersecurity risks (as such term is 
defined in the second section 226) involving Federal agency information 
or information systems.
    ``(b) Activities.--In carrying out this section, the Secretary 
may--
            ``(1) access, and Federal agency heads may disclose to the 
        Secretary or a private entity providing assistance to the 
        Secretary under paragraph (2), information traveling to or from 
        or stored on a Federal agency information system, regardless of 
        from where the Secretary or a private entity providing 
        assistance to the Secretary under paragraph (2) accesses such 
        information, notwithstanding any other provision of law that 
        would otherwise restrict or prevent Federal agency heads from 
        disclosing such information to the Secretary or a private 
        entity providing assistance to the Secretary under paragraph 
        (2);
            ``(2) enter into contracts or other agreements, or 
        otherwise request and obtain the assistance of, private 
        entities to deploy and operate technologies in accordance with 
        subsection (a); and
            ``(3) retain, use, and disclose information obtained 
        through the conduct of activities authorized under this section 
        only to protect Federal agency information and information 
        systems from cybersecurity risks, or, with the approval of the 
        Attorney General and if disclosure of such information is not 
        otherwise prohibited by law, to law enforcement only to 
        investigate, prosecute, disrupt, or otherwise respond to--
                    ``(A) a violation of section 1030 of title 18, 
                United States Code;
                    ``(B) an imminent threat of death or serious bodily 
                harm;
                    ``(C) a serious threat to a minor, including sexual 
                exploitation or threats to physical safety; or
                    ``(D) an attempt, or conspiracy, to commit an 
                offense described in any of subparagraphs (A) through 
                (C).
    ``(c) Conditions.--Contracts or other agreements under subsection 
(b)(2) shall include appropriate provisions barring--
            ``(1) the disclosure of information to any entity other 
        than the Department or the Federal agency disclosing 
        information in accordance with subsection (b)(1) that can be 
        used to identify specific persons and is reasonably believed to 
        be unrelated to a cybersecurity risk; and
            ``(2) the use of any information to which such private 
        entity gains access in accordance with this section for any 
        purpose other than to protect Federal agency information and 
        information systems against cybersecurity risks or to 
        administer any such contract or other agreement.
    ``(d) Limitation.--No cause of action shall lie against a private 
entity for assistance provided to the Secretary in accordance with this 
section and a contract or agreement under subsection (b)(2).''.
    (b) Clerical Amendment.--The table of contents of the Homeland 
Security Act of 2002 is amended by inserting after the item relating to 
section 226 (relating to cybersecurity recruitment and retention) the 
following new item:

``Sec. 233. Available protection of Federal information systems.''.

SEC. 217. SUNSET.

    This title and the amendments made by this title shall terminate on 
the date that is 7 years after the date of the enactment of this title.

SEC. 218. REPORT ON CYBERSECURITY VULNERABILITIES OF UNITED STATES 
              PORTS.

    Not later than 180 days after the date of the enactment of this 
title, the Secretary of Homeland Security shall submit to the Committee 
on Homeland Security and the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs and the Committee on 
Commerce, Science and Transportation of the Senate a report on 
cybersecurity vulnerabilities for the ten United States ports that the 
Secretary determines are at greatest risk of a cybersecurity incident 
and provide recommendations to mitigate such vulnerabilities.

SEC. 219. REPORT ON CYBERSECURITY AND CRITICAL INFRASTRUCTURE.

    The Secretary of Homeland Security may consult with sector specific 
agencies, businesses, and stakeholders to produce and submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
report on how best to align federally funded cybersecurity research and 
development activities with private sector efforts to protect privacy 
and civil liberties while assuring security and resilience of the 
Nation's critical infrastructure, including--
            (1) promoting research and development to enable the secure 
        and resilient design and construction of critical 
        infrastructure and more secure accompanying cyber technology;
            (2) enhancing modeling capabilities to determine potential 
        impacts on critical infrastructure of incidents or threat 
        scenarios, and cascading effects on other sectors; and
            (3) facilitating initiatives to incentivize cybersecurity 
        investments and the adoption of critical infrastructure design 
        features that strengthen cybersecurity and resilience.

SEC. 220. GAO REPORT ON IMPACT PRIVACY AND CIVIL LIBERTIES.

    Not later than 60 months after the date of the enactment of this 
title, the Comptroller General of the United States shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
an assessment on the impact on privacy and civil liberties limited to 
the work of the National Cybersecurity and Communications Integration 
Center.

            Passed the House of Representatives April 22, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.