[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1869 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 673
114th CONGRESS
  2d Session
                                S. 1869

                          [Report No. 114-378]

   To improve Federal network security and authorize and enhance an 
existing intrusion detection and prevention system for civilian Federal 
                               networks.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2015

Mr. Carper (for himself and Mr. Johnson) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                           November 17, 2016

                Reported by Mr. Johnson, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
   To improve Federal network security and authorize and enhance an 
existing intrusion detection and prevention system for civilian Federal 
                               networks.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Cybersecurity Enhancement 
Act of 2015'' ``Federal Cybersecurity Enhancement Act of 2016''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``agency'' has the meaning given the term in 
        section 3502 of title 44, United States Code;
            (2) the term ``agency information system'' has the meaning 
        given the term in section 228 of the Homeland Security Act of 
        2002, as added by section 3(a);
            (3) the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives;
            (4) the terms ``cybersecurity risk'' and ``information 
        system'' have the meanings given those terms in section 227 of 
        the Homeland Security Act of 2002, as so redesignated by 
        section 3(a);
            (5) the term ``Director'' means the Director of the Office 
        of Management and Budget;
            (6) the term ``intelligence community'' has the meaning 
        given the term in section 3(4) of the National Security Act of 
        1947 (50 U.S.C. 3003(4)); and
            (7) the term ``Secretary'' means the Secretary of Homeland 
        Security.

SEC. 3. IMPROVED FEDERAL NETWORK SECURITY.

    (a) In General.--Subtitle C of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 141 et seq.) is amended--
            (1) by redesignating section 228 as section 229;
            (2) by redesignating section 227 as subsection (c) of 
        section 228, as added by paragraph (4), and adjusting the 
        margins accordingly;
            (3) by redesignating the second section designated as 
        section 226 (relating to the national cybersecurity and 
        communications integration center) as section 227;
            (4) by inserting after section 227, as so redesignated, the 
        following:

``SEC. 228. CYBERSECURITY PLANS.

    ``(a) Definitions.--In this section--
            ``(1) the term `agency information system' means an 
        information system used or operated by an agency, by a 
        contractor of an agency, or by another entity on behalf of an 
        agency;
            ``(2) the terms `cybersecurity risk' and `information 
        system' have the meanings given those terms in section 227; and
        <DELETED>    ``(3) the term `information sharing and analysis 
        organization' has the meaning given the term in section 212(5); 
        and</DELETED>
            ``(43) the term `intelligence community' has the meaning 
        given the term in section 3(4) of the National Security Act of 
        1947 (50 U.S.C. 3003(4)).
    ``(b) Intrusion Assessment Plan.--
            ``(1) Requirement.--The Secretary, in coordination with the 
        Director of the Office of Management and Budget, shall develop 
        and implement an intrusion assessment plan to identify and 
        remove intruders in agency information systems.
            ``(2) Exception.--The intrusion assessment plan required 
        under paragraph (1) shall not apply to the Department of 
        Defense or an element of the intelligence community.'';
            (5) in section 228(c), as so redesignated, by striking 
        ``section 226'' and inserting ``section 227''; and
            (6) by inserting after section 229, as so redesignated, the 
        following:

``SEC. 230. FEDERAL INTRUSION DETECTION AND PREVENTION SYSTEM.

    ``(a) Definitions.--In this section--
            ``(1) the term `agency' has the meaning given that term in 
        section 3502 of title 44, United States Code;
            ``(2) the term `agency information' means information 
        collected or maintained by or on behalf of an agency;
            ``(3) the term `agency information system' has the meaning 
        given the term in section 228; and
            ``(4) the terms `cybersecurity risk' and `information 
        system' have the meanings given those terms in section 227.
    ``(b) Requirement.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall deploy, operate, 
        and maintain, to make available for use by any agency, with or 
        without reimbursement--
                    ``(A) a capability to detect cybersecurity risks in 
                network traffic transiting or traveling to or from an 
                agency information system; and
                    ``(B) a capability to prevent network traffic 
                associated with such cybersecurity risks from 
                transiting or traveling to or from an agency 
                information system or modify such network traffic to 
                remove the cybersecurity risk.
            ``(2) Regular improvement.--The Secretary shall regularly 
        deploy new technologies and modify existing technologies to the 
        intrusion detection and prevention capabilities described in 
        paragraph (1) as appropriate to improve the intrusion detection 
        and prevention capabilities.
    ``(c) Activities.--In carrying out subsection (b), the Secretary--
            ``(1) may access, and the head of an agency may disclose to 
        the Secretary or a private entity providing assistance to the 
        Secretary under paragraph (2), information transiting or 
        traveling to or from an agency information system, regardless 
        of the location from which 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 the head of an 
        agency from disclosing such information to the Secretary or a 
        private entity providing assistance to the Secretary under 
        paragraph (2);
            ``(2) may enter into contracts or other agreements with, or 
        otherwise request and obtain the assistance of, private 
        entities to deploy and operate technologies in accordance with 
        subsection (b);
            ``(3) may retain, use, and disclose information obtained 
        through the conduct of activities authorized under this section 
        only to protect information and information systems from 
        cybersecurity risks;
            ``(4) shall regularly assess through operational test and 
        evaluation in real world or simulated environments available 
        advanced protective technologies to improve detection and 
        prevention capabilities, including commercial and non-
        commercial technologies and detection technologies beyond 
        signature-based detection, and utilize such technologies when 
        appropriate;
            ``(5) shall establish a pilot to acquire, test, and deploy, 
        as rapidly as possible, technologies described in paragraph 
        (4); and
            ``(6) shall periodically update the privacy impact 
        assessment required under section 208(b) of the E-Government 
        Act of 2002 (44 U.S.C. 3501 note).; and
            ``(7) shall ensure that--
                    ``(A) activities carried out under this section are 
                reasonably necessary for the purpose of protecting 
                agency information and agency information systems from 
                a cybersecurity risk;
                    ``(B) information accessed by the Secretary will be 
                retained no longer than reasonably necessary for the 
                purpose of protecting agency information and agency 
                information systems from a cybersecurity risk;
                    ``(C) notice has been provided to users of an 
                agency information system concerning access to 
                communications of users of the agency information 
                system for the purpose of protecting agency information 
                and the agency information system; and
                    ``(D) the activities are implemented pursuant to 
                policies and procedures governing the operation of the 
                intrusion detection and prevention capabilities. 
    ``(d) Private Entities.--
            ``(1) Conditions.--A private entity described in subsection 
        (c)(2) may not--
                    ``(A) disclose any network traffic transiting or 
                traveling to or from an agency information system to 
                any entity other than the Department or the agency that 
                disclosed the information under subsection (c)(1); or
                    ``(B) use any network traffic transiting or 
                traveling to or from an agency information system to 
                which the private entity gains access in accordance 
                with this section for any purpose other than to protect 
                agency information and agency information systems 
                against cybersecurity risks or to administer a contract 
                or other agreement entered into pursuant to subsection 
                (c)(2) or as part of another contract with the 
                Secretary.
            ``(2) Limitation on liability.--No cause of action shall 
        lie in any court against a private entity for assistance 
        provided to the Secretary in accordance with this section and 
        any contract or agreement entered into pursuant to subsection 
        (c)(2).
            ``(3) Rule of construction.--Nothing in paragraph (2) shall 
        be construed to authorize an Internet service provider to break 
        a user agreement with a customer.
    ``(e) Attorney General Review.--Not later than 1 year after the 
date of enactment of this section, the Attorney General shall review 
the policies and guidelines for the program carried out under this 
section to ensure that the policies and guidelines are consistent with 
applicable law governing the acquisition, interception, retention, use, 
and disclosure of communications.''.
    (b) Prioritizing Advanced Security Tools.--The Director and the 
Secretary, in consultation with appropriate agencies, shall--
            (1) review and update Governmentwide policies and programs 
        to ensure appropriate prioritization and use of network 
        security monitoring tools within agency networks; and
            (2) brief appropriate congressional committees on such 
        prioritization and use.
    (c) Agency Responsibilities.--
            (1) In general.--Except as provided in paragraph (2)--
                    (A) not later than 1 year after the date of 
                enactment of this Act or 2 months after the date on 
                which the Secretary makes available the intrusion 
                detection and prevention capabilities under section 
                230(b)(1) of the Homeland Security Act of 2002, as 
                added by subsection (a), whichever is later, the head 
                of each agency shall apply and continue to utilize the 
                capabilities to all information traveling between an 
                agency information system and any information system 
                other than an agency information system; and
                    (B) not later than 6 months after the date on which 
                the Secretary makes available improvements to the 
                intrusion detection and prevention capabilities 
                pursuant to section 230(b)(2) of the Homeland Security 
                Act of 2002, as added by subsection (a), the head of 
                each agency shall apply and continue to utilize the 
                improved intrusion detection and prevention 
                capabilities.
            (2) Exception.--The requirements under paragraph (1) shall 
        not apply to the Department of Defense or an element of the 
        intelligence community.
    (d) Table of Contents Amendment.--The table of contents in section 
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is 
amended by striking the items relating to the first section designated 
as section 226, the second section designated as section 226 (relating 
to the national cybersecurity and communications integration center), 
section 227, and section 228 and inserting the following:

``Sec. 226. Cybersecurity recruitment and retention.
``Sec. 227. National cybersecurity and communications integration 
                            center.
``Sec. 228. Cybersecurity plans.
``Sec. 229. Clearances.
``Sec. 230. Federal intrusion detection and prevention system.''.

SEC. 4. ADVANCED INTERNAL DEFENSES.

    (a) Advanced Network Security Tools.--
            (1) In general.--The Secretary shall include in the 
        Continuous Diagnostics and Mitigation Program advanced network 
        security tools to improve visibility of network activity, 
        including through the use of commercial and free or open source 
        tools, to detect and mitigate intrusions and anomalous 
        activity.
            (2) Development of plan.--The Director shall develop and 
        implement a plan to ensure that each agency utilizes advanced 
        network security tools, including those described in paragraph 
        (1), to detect and mitigate intrusions and anomalous activity.
    (b) Improved Metrics.--The Secretary, in collaboration with the 
Director, shall review and update the metrics used to measure security 
under section 3554 of title 44, United States Code, to include measures 
of intrusion and incident detection and response times.
    (c) Transparency and Accountability.--The Director, in consultation 
with the Secretary, shall increase transparency to the public on agency 
cybersecurity posture, including by increasing the number of metrics 
available on Federal Government performance websites and, to the 
greatest extent practicable, displaying metrics for department 
components, small agencies, and micro agencies.
    (d) Maintenance of Technologies.--Section 3553(b)(6)(B) of title 
44, United States Code, is amended by inserting ``, operating, and 
maintaining'' after ``deploying''.

SEC. 5. FEDERAL CYBERSECURITY BEST PRACTICES.

    (a) Assessment of Best Practices for Federal Cybersecurity.--The 
Secretary, in consultation with the Director, shall regularly assess 
and require implementation of best practices for securing agency 
information systems against intrusion and preventing data exfiltration 
in the event of an intrusion.
    (b) Cybersecurity Requirements at Agencies.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 1 year after the date of enactment of this Act, the 
        head of each agency shall--
                    (A) identify sensitive and mission critical data 
                stored by the agency consistent with the inventory 
                required under the first subsection (c) (relating to 
                the inventory of major information systems) and the 
                second subsection (c) (relating to the inventory of 
                information systems) of section 3505 of title 44, 
                United States Code;
                    (B) assess access controls to the data described in 
                subparagraph (A), the need for readily accessible 
                storage of the data, and individuals' need to access 
                the data;
                    (C) encrypt the data described in subparagraph (A) 
                that is stored on or transiting agency information 
                systems consistent with standards and guidelines 
                promulgated under section 11331 of title 40, United 
                States Code;
                    (D) implement a single sign-on trusted identity 
                platform for individuals accessing each public website 
                of the agency that requires user authentication, as 
                developed by the Administrator of General Services in 
                collaboration with the Secretary; and
                    (E) implement multi-factor authentication 
                consistent with standards and guidelines promulgated 
                under section 11331 of title 40, United States Code, 
                for--
                            (i) remote access to an agency information 
                        system; and
                            (ii) each user account with elevated 
                        privileges on an agency information system.
            (2) Exception.--The requirements under paragraph (1) shall 
        not apply to the Department of Defense or an element of the 
        intelligence community.

SEC. 6. ASSESSMENT; REPORTS.

    (a) Definitions.--In this section--
            (1) the term ``intrusion assessments'' means actions taken 
        under the intrusion assessment plan to identify and remove 
        intruders in agency information systems;
            (2) the term ``intrusion assessment plan'' means the plan 
        required under section 228(b)(1) of the Homeland Security Act 
        of 2002, as added by section 3(a) of this Act; and
            (3) the term ``intrusion detection and prevention 
        capabilities'' means the capabilities required under section 
        230(b) of the Homeland Security Act of 2002, as added by 
        section 3(a) of this Act.
    (b) Third-Party Assessment.--Not later than 3 years after the date 
of enactment of this Act, the Government Accountability Office shall 
conduct a study and publish a report on the effectiveness of the 
approach and strategy of the Federal Government to securing agency 
information systems, including the intrusion detection and prevention 
capabilities and the intrusion assessment plan.
    (c) Reports to Congress.--
            (1) Intrusion detection and prevention capabilities.--
                    (A) Secretary of homeland security report.--Not 
                later than 6 months after the date of enactment of this 
                Act, and annually thereafter, the Secretary shall 
                submit to the appropriate congressional committees a 
                report on the status of implementation of the intrusion 
                detection and prevention capabilities, including--
                            (i) a description of privacy controls;
                            (ii) a description of the technologies and 
                        capabilities utilized to detect cybersecurity 
                        risks in network traffic, including the extent 
                        to which those technologies and capabilities 
                        include existing commercial and non-commercial 
                        technologies;
                            (iii) a description of the technologies and 
                        capabilities utilized to prevent network 
                        traffic associated with cybersecurity risks 
                        from transiting or traveling to or from agency 
                        information systems, including the extent to 
                        which those technologies and capabilities 
                        include existing commercial and non-commercial 
                        technologies;
                            (iv) a list of the types of indicators or 
                        other identifiers or techniques used to detect 
                        cybersecurity risks in network traffic 
                        transiting or traveling to or from agency 
                        information systems on each iteration of the 
                        intrusion detection and prevention capabilities 
                        and the number of each such type of indicator, 
                        identifier, and technique;
                            (v) the number of instances in which the 
                        intrusion detection and prevention capabilities 
                        detected a cybersecurity risk in network 
                        traffic transiting or traveling to or from 
                        agency information systems and the number of 
                        times the intrusion detection and prevention 
                        capabilities blocked network traffic associated 
                        with cybersecurity risk; and
                            (vi) an explanation of whether any 
                        information on individuals, and to the greatest 
                        extent practicable, on United States persons, 
                        whose personally identifiable information is 
                        not necessary to describe a cybersecurity risk 
                        has been retained incidentally under the 
                        intrusion detection and prevention 
                        capabilities, and if such information has been 
                        retained, for what purpose and for what length 
                        of time; and 
                            (vivii) a description of the pilot 
                        established under section 230(c)(5) of the 
                        Homeland Security Act of 2002, as added by 
                        section 3(a) of this Act, including the number 
                        of new technologies tested and the number of 
                        participating agencies.
                    (B) OMB report.--Not later than 18 months after the 
                date of enactment of this Act, and annually thereafter, 
                the Director shall submit to Congress, as part of the 
                report required under section 3553(c) of title 44, 
                United States Code, an analysis of agency application 
                of the intrusion detection and prevention capabilities, 
                including--
                            (i) a list of each agency and the degree to 
                        which each agency has applied the intrusion 
                        detection and prevention capabilities to an 
                        agency information system; and
                            (ii) a list by agency of--
                                    (I) the number of instances in 
                                which the intrusion detection and 
                                prevention capabilities detected a 
                                cybersecurity risk in network traffic 
                                transiting or traveling to or from an 
                                agency information system and the types 
                                of indicators, identifiers, and 
                                techniques used to detect such 
                                cybersecurity risks; and
                                    (II) the number of instances in 
                                which the intrusion detection and 
                                prevention capabilities prevented 
                                network traffic associated with a 
                                cybersecurity risk from transiting or 
                                traveling to or from an agency 
                                information system and the types of 
                                indicators, identifiers, and techniques 
                                used to detect such agency information 
                                systems.
            (2) OMB report on development and implementation of 
        intrusion assessment plan, advanced internal defenses, and 
        federal cybersecurity best practices.--The Director shall--
                    (A) not later than 6 months after the date of 
                enactment of this Act, and 30 days after any update 
                thereto, submit the intrusion assessment plan to the 
                appropriate congressional committees;
                    (B) not later than 1 year after the date of 
                enactment of this Act, and annually thereafter, submit 
                to Congress, as part of the report required under 
                section 3553(c) of title 44, United States Code--
                            (i) a description of the implementation of 
                        the intrusion assessment plan;
                            (ii) the findings of the intrusion 
                        assessments conducted pursuant to the intrusion 
                        assessment plan;
                            (iii) advanced network security tools 
                        included in the Continuous Diagnostics and 
                        Mitigation Program pursuant to section 4(a)(1);
                            (iv) the results of the assessment of the 
                        Secretary of best practices for Federal 
                        cybersecurity pursuant to section 5(a); and
                            (v) a list by agency of compliance with the 
                        requirements of section 5(b); and
                    (C) not later than 1 year after the date of 
                enactment of this Act, submit to the appropriate 
                congressional committees--
                            (i) a copy of the plan developed pursuant 
                        to section 4(a)(2); and
                            (ii) the improved metrics developed 
                        pursuant to section 4(b).

SEC. 7. TERMINATION.

    (a) In General.--The authority provided under section 230 of the 
Homeland Security Act of 2002, as added by section 3(a) of this Act, 
and the reporting requirements under section 6(c) shall terminate on 
the date that is 7 years after the date of enactment of this Act.
    (b) Rule of Construction.--Nothing in subsection (a) shall be 
construed to affect the limitation of liability of a private entity for 
assistance provided to the Secretary under section 230(d)(2) of the 
Homeland Security Act of 2002, as added by section 3(a) of this Act, if 
such assistance was rendered before the termination date under 
subsection (a) or otherwise during a period in which the assistance was 
authorized.

SEC. 8. IDENTIFICATION OF UNCLASSIFIED INFORMATION SYSTEMS.

    (a) In General.--Except as provided in subsection (c), not later 
than 180 days after the date of enactment of this Act--
            (1) the Director of National Intelligence, in coordination 
        with the heads of other agencies, shall--
                    (A) identify all unclassified information systems 
                that provide access to information that, when combined 
                with other unclassified information, may comprise 
                classified information;
                    (B) assess the risks that would result from the 
                breach of each unclassified information system 
                identified in subparagraph (A); and
                    (C) assess the cost and impact on the mission 
                carried out by each agency that owns an unclassified 
                information system identified in subparagraph (A) if 
                the system were to be subsequently classified; and
            (2) the Director of National Intelligence shall submit to 
        the appropriate congressional committees a report that includes 
        the findings under paragraph (1).
    (b) Form.--The report submitted under subsection (a)(2) shall be in 
unclassified form, but may include a classified annex.
    (c) Exception.--The requirements under subsection (a)(1) shall not 
apply to the Department of Defense or an element of the intelligence 
community.

SEC. 9. OPM DATA BREACH DAMAGE ASSESSMENT.

    (a) Assessment.--The Secretary and the Director of National 
Intelligence shall jointly, and in coordination with the head of each 
appropriate agency, conduct an ongoing damage and risk assessment 
relating to the data breaches at the Office of Personnel Management 
(referred to in this section as the ``OPM data breach'').
    (b) Reports.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, and once not later than 180 days 
        thereafter, the Director of National Intelligence shall submit 
        to Congress a report on the assessment conducted under 
        subsection (a).
            (2) Contents.--Each report submitted under this subsection 
        shall include--
                    (A) updates on the extent to which Federal data was 
                compromised, exfiltrated, or manipulated by the same 
                entity that caused the OPM data breach;
                    (B) analysis of the impact of the OPM data breach 
                on national security; and
                    (C) analysis of whether any information accessed 
                through the OPM data breach has been released or 
                deployed, whether publicly or privately.
            (3) Unclassified form.--Each report submitted under this 
        subsection shall be in unclassified form, but may include a 
        classified annex.

SEC. 10. DIRECTION TO AGENCIES.

    Section 3553 of title 44, United States Code, is amended by adding 
at the end the following:
    ``(h) Direction to Agencies.--
            ``(1) Authority.--
                    ``(A) In general.--Notwithstanding section 3554, 
                and subject to subparagraph (B), in response to a known 
                or reasonably suspected information security threat, 
                vulnerability, or incident that represents a 
                substantial threat to the information security of an 
                agency, the Secretary may issue a directive to the head 
                of an agency to take any lawful action with respect to 
                the operation of the information system, including such 
                systems owned or operated by another entity on behalf 
                of an agency, that collects, processes, stores, 
                transmits, disseminates, or otherwise maintains agency 
                information, for the purpose of protecting the 
                information system from, or mitigating, an information 
                security threat.
                    ``(B) Exception.--The authorities of the Secretary 
                under this subsection shall not apply to a system 
                described in paragraph (2) or (3) of subsection (e).
            ``(2) Procedures for use of authority.--The Secretary 
        shall--
                    ``(A) in coordination with the Director, establish 
                procedures governing the circumstances under which a 
                directive may be issued under this subsection, which 
                shall include--
                            ``(i) thresholds and other criteria;
                            ``(ii) privacy and civil liberties 
                        protections; and
                            ``(iii) providing notice to potentially 
                        affected third parties;
                    ``(B) specify the reasons for the required action 
                and the duration of the directive;
                    ``(C) minimize the impact of a directive under this 
                subsection by--
                            ``(i) adopting the least intrusive means 
                        possible under the circumstances to secure the 
                        agency information systems; and
                            ``(ii) limiting directives to the shortest 
                        period practicable;
                    ``(D) notify the Director and the head of any 
                affected agency immediately upon the issuance of a 
                directive under this subsection; and
                    ``(E) not later than February 1 of each year, 
                submit to the appropriate congressional committees a 
                report regarding the specific actions the Secretary has 
                taken pursuant to paragraph (1)(A).
            ``(3) Imminent threats.--
                    ``(A) In general.--If the Secretary determines that 
                there is an imminent threat to agency information 
                systems and a directive under this subsection is not 
                reasonably likely to result in a timely response to the 
                threat, the Secretary may authorize the use of 
                protective capabilities under the control of the 
                Secretary for communications or other system traffic 
                transiting to or from or stored on an agency 
                information system without prior consultation with the 
                affected agency for the purpose of ensuring the 
                security of the information or information system or 
                other agency information systems.
                    ``(B) Notice.--The Secretary shall immediately 
                notify the Director, the head and chief information 
                officer (or equivalent official) of each agency to 
                which specific actions were taken pursuant to 
                subparagraph (A), and the appropriate congressional 
                committees and authorizing committees of each such 
                agencies of--
                            ``(i) any action taken under subparagraph 
                        (A); and
                            ``(ii) the reasons for and duration and 
                        nature of the action.
                    ``(C) Other law.--Any action of the Secretary under 
                this paragraph shall be consistent with applicable law.
                    ``(D) Limitation on delegation.--The authority 
                under this paragraph may not be delegated to an 
                official in a position lower than an Under Secretary of 
                the Department of Homeland Security.
            ``(4) Limitation.--The Secretary may direct or authorize 
        lawful action or protective capability under this subsection 
        only to--
                    ``(A) protect agency information from unauthorized 
                access, use, disclosure, disruption, modification, or 
                destruction; or
                    ``(B) require the remediation of or protect against 
                identified information security risks with respect to--
                            ``(i) information collected or maintained 
                        by or on behalf of an agency; or
                            ``(ii) that portion of an information 
                        system used or operated by an agency or by a 
                        contractor of an agency or other organization 
                        on behalf of an agency.
    ``(i) Annual Report to Congress.--Not later than February 1 of each 
year, the Director shall submit to the appropriate congressional 
committees a report regarding the specific actions the Director has 
taken pursuant to subsection (a)(5), including any actions taken 
pursuant to section 11303(b)(5) of title 40.
    ``(j) Appropriate Congressional Committees.--In this section, the 
term `appropriate congressional committees' means--
            ``(1) the Committee on Appropriations and the Committee on 
        Homeland Security and Governmental Affairs of the Senate; and
            ``(2) the Committee on Appropriations and the Committee on 
        Homeland Security of the House of Representatives.''.
                                                       Calendar No. 673

114th CONGRESS

  2d Session

                                S. 1869

                          [Report No. 114-378]

_______________________________________________________________________

                                 A BILL

   To improve Federal network security and authorize and enhance an 
existing intrusion detection and prevention system for civilian Federal 
                               networks.

_______________________________________________________________________

                           November 17, 2016

                        Reported with amendments