[Congressional Record Volume 147, Number 161 (Tuesday, November 27, 2001)]
[House]
[Pages H8351-H8356]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               COMPUTER SECURITY ENHANCEMENT ACT OF 2001

  Mrs. MORELLA. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 1259) to amend the National Institute of Standards and 
Technology Act to enhance the ability of the National Institute of 
Standards and Technology to improve computer security, and for other 
purposes, as amended.
  The Clerk read as follows:

                               H.R. 1259

       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 ``Computer Security 
     Enhancement Act of 2001''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds the following:
       (1) The National Institute of Standards and Technology has 
     responsibility for developing standards and guidelines needed 
     to ensure the cost-effective security and privacy of 
     sensitive information in Federal computer systems.
       (2) The Federal Government has an important role in 
     ensuring the protection of sensitive, but unclassified, 
     information controlled by Federal agencies.
       (3) Technology that is based on the application of 
     cryptography exists and can be readily provided by private 
     sector companies to ensure the confidentiality, authenticity, 
     and integrity of information associated with public and 
     private activities.
       (4) The development and use of encryption technologies by 
     industry should be driven by market forces rather than by 
     Government imposed requirements.

[[Page H8352]]

       (b) Purposes.--The purposes of this Act are to--
       (1) reinforce the role of the National Institute of 
     Standards and Technology in ensuring the security of 
     unclassified information in Federal computer systems; and
       (2) promote technology solutions based on private sector 
     offerings to protect the security of Federal computer 
     systems.

     SEC. 3. SECURITY OF FEDERAL COMPUTERS AND NETWORKS.

       Section 20(b) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3(b)) is amended--
       (1) by redesignating paragraphs (4) and (5) as paragraphs 
     (7) and (8), respectively; and
       (2) by inserting after paragraph (3) the following new 
     paragraphs:
       ``(4) except for national security systems, as defined in 
     section 5142 of Public Law 104-106 (40 U.S.C. 1452), to 
     provide guidance and assistance to Federal agencies for 
     protecting the security and privacy of sensitive information 
     in interconnected Federal computer systems, including 
     identification of significant risks thereto;
       ``(5) to promote compliance by Federal agencies with 
     existing Federal computer information security and privacy 
     guidelines;
       ``(6) in consultation with appropriate Federal agencies, 
     assist Federal response efforts related to unauthorized 
     access to Federal computer systems;''.

     SEC. 4. COMPUTER SECURITY IMPLEMENTATION.

       Section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3) is further amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (e) and (f), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c)(1) In carrying out subsection (a)(2) and (3), the 
     Institute shall--
       ``(A) emphasize the development of technology-neutral 
     policy guidelines for computer security and electronic 
     authentication practices by the Federal agencies;
       ``(B) promote the use of commercially available products, 
     which appear on the list required by paragraph (2), to 
     provide for the security and privacy of sensitive information 
     in Federal computer systems;
       ``(C) develop qualitative and quantitative measures 
     appropriate for assessing the quality and effectiveness of 
     information security and privacy programs at Federal 
     agencies;
       ``(D) upon the request of a Federal agency, perform 
     evaluations to assess its existing information security and 
     privacy programs;
       ``(E) promote development of accreditation procedures for 
     Federal agencies based on the measures developed under 
     subparagraph (C);
       ``(F) if requested, consult with and provide assistance to 
     Federal agencies regarding the selection by agencies of 
     security technologies and products and the implementation of 
     security practices; and
       ``(G)(i) develop uniform testing procedures suitable for 
     determining the conformance of commercially available 
     security products to the guidelines and standards developed 
     under subsection (a)(2) and (3);
       ``(ii) establish procedures for certification of private 
     sector laboratories to perform the tests and evaluations of 
     commercially available security products developed in 
     accordance with clause (i); and
       ``(iii) promote the testing of commercially available 
     security products for their conformance with guidelines and 
     standards developed under subsection (a)(2) and (3).
       ``(2) The Institute shall maintain and make available to 
     Federal agencies and to the public a list of commercially 
     available security products that have been tested by private 
     sector laboratories certified in accordance with procedures 
     established under paragraph (1)(G)(ii), and that  have been 
     found to be in conformance with the guidelines and 
     standards developed under subsection (a)(2) and (3).
       ``(3) The Institute shall annually transmit to the 
     Congress, in an unclassified format, a report containing--
       ``(A) the findings of the evaluations and tests of Federal 
     computer systems conducted under this section during the 12 
     months preceding the date of the report, including the 
     frequency of the use of commercially available security 
     products included on the list required by paragraph (2);
       ``(B) the planned evaluations and tests under this section 
     for the 12 months following the date of the report; and
       ``(C) any recommendations by the Institute to Federal 
     agencies resulting from the findings described in 
     subparagraph (A), and the response by the agencies to those 
     recommendations.''.

     SEC. 5. COMPUTER SECURITY REVIEW, PUBLIC MEETINGS, AND 
                   INFORMATION.

       Section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3), as amended by this Act, is 
     further amended by inserting after subsection (c), as added 
     by section 4 of this Act, the following new subsection:
       ``(d)(1) The Institute shall solicit the recommendations of 
     the Computer System Security and Privacy Advisory Board, 
     established by section 21, regarding standards and guidelines 
     that are being considered for submittal to the Secretary in 
     accordance with subsection (a)(4). The recommendations of the 
     Board shall accompany standards and guidelines submitted to 
     the Secretary.
       ``(2) There are authorized to be appropriated to the 
     Secretary $1,030,000 for fiscal year 2002 and $1,060,000 for 
     fiscal year 2003 to enable the Computer System Security and 
     Privacy Advisory Board, established by section 21, to 
     identify emerging issues related to computer security, 
     privacy, and cryptography and to convene public meetings on 
     those subjects, receive presentations, and publish reports, 
     digests, and summaries for public distribution on those 
     subjects.''.

     SEC. 6. LIMITATION ON PARTICIPATION IN REQUIRING ENCRYPTION 
                   AND ELECTRONIC AUTHENTICATION STANDARDS.

       Section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3), as amended by this Act, is 
     further amended by adding at the end the following new 
     subsection:
       ``(g) The Institute shall not promulgate, enforce, or 
     otherwise adopt standards or policies for the Federal 
     establishment of encryption and electronic authentication 
     standards required for use in computer systems other than 
     Federal Government computer systems.''.

     SEC. 7. MISCELLANEOUS AMENDMENTS.

       Section 20 of the National Institute of Standards and 
     Technology Act (15 U.S.C. 278g-3), as amended by this Act, is 
     further amended--
       (1) in subsection (b)(8), as so redesignated by section 
     3(1) of this Act, by inserting ``to the extent that such 
     coordination will improve computer security and to the extent 
     necessary for improving such security for Federal computer 
     systems'' after ``Management and Budget)'';
       (2) in subsection (e), as so redesignated by section 4(1) 
     of this Act, by striking ``shall draw upon'' and inserting in 
     lieu thereof ``may draw upon'';
       (3) in subsection (e)(2), as so redesignated by section 
     4(1) of this Act, by striking ``(b)(5)'' and inserting in 
     lieu thereof ``(b)(7)''; and
       (4) in subsection (f)(1)(B)(i), as so redesignated by 
     section 4(1) of this Act, by inserting ``and computer 
     networks'' after ``computers''.

     SEC. 8. FEDERAL COMPUTER SYSTEM SECURITY TRAINING.

       Section 5(b) of the Computer Security Act of 1987 (40 
     U.S.C. 759 note) is amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting in lieu thereof ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) to include emphasis on protecting information in 
     Federal databases and Federal computer sites that are 
     accessible through public networks.''.

     SEC. 9. COMPUTER SECURITY FELLOWSHIP PROGRAM.

       There are authorized to be appropriated to the Secretary of 
     Commerce $5,000,000 for fiscal year 2002 and $5,000,000 for 
     fiscal year 2003 for the Director of the National Institute 
     of Standards and Technology for fellowships, subject to the 
     provisions of section 18 of the National Institute of 
     Standards and Technology Act (15 U.S.C. 278g-1), to support 
     students at institutions of higher learning in computer 
     security. Amounts authorized by this section shall not be 
     subject to the percentage limitation stated in such section 
     18.

     SEC. 10. STUDY OF ELECTRONIC AUTHENTICATION TECHNOLOGIES BY 
                   THE NATIONAL RESEARCH COUNCIL.

       (a) Review by National Research Council.--Not later than 90 
     days after the date of the enactment of this Act, the 
     Secretary of Commerce shall enter into a contract with the 
     National Research Council of the National Academy of Sciences 
     to conduct a study of electronic authentication technologies 
     for use by individuals, businesses, and government.
       (b) Contents.--The study referred to in subsection (a) 
     shall--
       (1) assess technology needed to support electronic 
     authentication technologies;
       (2) assess current public and private plans for the 
     deployment of electronic authentication technologies;
       (3) assess interoperability, scalability, and integrity of 
     private and public entities that are elements of electronic 
     authentication technologies; and
       (4) address such other matters as the National Research 
     Council considers relevant to the issues of electronic 
     authentication technologies.
       (c) Interagency Cooperation With Study.--All agencies of 
     the Federal Government shall cooperate fully with the 
     National Research Council in its activities in carrying out 
     the study under this section, including access by properly 
     cleared individuals to classified information if necessary.
       (d) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Secretary of Commerce shall 
     transmit to the Committee on Science of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report setting forth the 
     findings, conclusions, and recommendations of the National 
     Research Council for public policy related to electronic 
     authentication technologies for use by individuals, 
     businesses, and government. The National Research Council 
     shall not recommend the implementation or application of a 
     specific electronic authentication technology or electronic 
     authentication technical specification for use by the Federal 
     Government. Such report shall be submitted in unclassified 
     form.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Commerce $450,000 for 
     fiscal year 2002, to remain available until expended, for 
     carrying out this section.

[[Page H8353]]

     SEC. 11. PROMOTION OF NATIONAL INFORMATION SECURITY.

       The Under Secretary of Commerce for Technology shall--
       (1) promote an increased use of security techniques, such 
     as risk assessment, and security tools, such as cryptography, 
     to enhance the protection of the Nation's information 
     infrastructure;
       (2) establish a central repository of information for 
     dissemination to the public to promote awareness of 
     information security vulnerabilities and risks; and
       (3) in a manner consistent with section 12(d) of the 
     National Technology Transfer and Advancement Act of 1995 (15 
     U.S.C. 272 nt), promote the development of national 
     standards-based infrastructures needed to support government, 
     commercial, and private uses of encryption technologies for 
     confidentiality and authentication.

     SEC. 12. ELECTRONIC AUTHENTICATION INFRASTRUCTURES.

       (a) Electronic Authentication Infrastructures.--
       (1) Technology-neutral guidelines and standards.--Not later 
     than 18 months after the date of the enactment of this Act, 
     the Director, in consultation with industry and appropriate 
     Federal agencies, shall develop technology-neutral guidelines 
     and standards, or adopt existing technology-neutral industry 
     guidelines and standards, for electronic authentication 
     infrastructures to be made available to Federal agencies so 
     that such agencies may effectively select and utilize 
     electronic authentication technologies in a manner that is--
       (A) adequately secure to meet the needs of those agencies 
     and their transaction partners; and
       (B) interoperable, to the maximum extent possible.
       (2) Elements.--The guidelines and standards developed under 
     paragraph (1) shall include--
       (A) protection profiles for cryptographic and 
     noncryptographic methods of authenticating identity for 
     electronic authentication products and services;
       (B) a core set of interoperability specifications for the 
     use of electronic authentication products and services in 
     electronic transactions between Federal agencies and their 
     transaction partners; and
       (C) validation criteria to enable Federal agencies to 
     select cryptographic electronic authentication products and 
     services appropriate to their needs.
       (3) Revisions.--The Director shall periodically review the 
     guidelines and standards developed under paragraph (1) and 
     revise them as appropriate.
       (b) Listing of Products.--Not later than 30 months after 
     the date of the enactment of this Act, and thereafter, the 
     Director shall maintain and make available to Federal 
     agencies a nonmandatory list of commercially available 
     electronic authentication products, and other such products 
     used by Federal agencies, evaluated as conforming with the 
     guidelines and standards developed under subsection (a).
       (c) Specifications for Electronic Certification and 
     Management Technologies.--
       (1) Specifications.--The Director shall, as appropriate, 
     establish core specifications for particular electronic 
     certification and management technologies, or their 
     components, for use by Federal agencies.
       (2) Evaluation.--The Director shall advise Federal agencies 
     on how to evaluate the conformance with the specifications 
     established under paragraph (1) of electronic certification 
     and management technologies, developed for use by Federal 
     agencies or available for such use.
       (3) Maintenance of list.--The Director shall maintain and 
     make available to Federal agencies a list of electronic 
     certification and management technologies evaluated as 
     conforming to the specifications established under paragraph 
     (1).
       (d) Reports.--Not later than 18 months after the date of 
     the enactment of this Act, and annually thereafter, the 
     Director shall transmit to the Congress a report that 
     includes--
       (1) a description and analysis of the utilization by 
     Federal agencies of electronic authentication technologies; 
     and
       (2) a description and analysis regarding the problems 
     Federal agencies are having, and the progress such agencies 
     are making, in implementing electronic authentication 
     infrastructures.
       (e) Definitions.--For purposes of this section--
       (1) the term ``electronic authentication'' means 
     cryptographic or noncryptographic methods of authenticating 
     identity in an electronic communication;
       (2) the term ``electronic authentication infrastructure'' 
     means the software, hardware, and personnel resources, and 
     the procedures, required to effectively utilize electronic 
     authentication technologies;
       (3) the term ``electronic certification and management 
     technologies'' means computer systems, including associated 
     personnel and procedures, that enable individuals to apply 
     electronic authentication to electronic information; and
       (4) the term ``protection profile'' means a list of 
     security functions and associated assurance levels used to 
     describe a product.

     SEC. 13. SOURCE OF AUTHORIZATIONS.

       There are authorized to be appropriated to the Secretary of 
     Commerce $7,000,000 for fiscal year 2002 and $8,000,000 for 
     fiscal year 2003, for the National Institute of Standards and 
     Technology to carry out activities authorized by this Act for 
     which funds are not otherwise specifically authorized to be 
     appropriated by this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Maryland (Mrs. Morella) and the gentleman from Texas (Mr. Hall) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Maryland (Mrs. Morella).


                             General Leave

  Mrs. MORELLA. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on H.R. 1259.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Maryland?
  There was no objection.
  Mrs. MORELLA. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, it is with great pleasure that I rise to offer H.R. 
1259, the Computer Security Enhancement Act of 2001. This legislation 
represents many years of bipartisan work of the Committee on Science. 
Over the years, the committee has held numerous hearings on various 
aspects of the bill's provisions and has incorporated many constructive 
suggestions made by both industry and governmental agencies. This bill 
provides important updates to current law to ensure the Federal 
Government's virtual security.
  Fourteen years ago, this body passed the Computer Security Act of 
1987, which gave authority over computer and communication security 
standards for Federal civilian agencies to the National Institute for 
Standards and Technology. Much has changed since then. In the mid-
eighties, we were dealing with issues surrounding the migration from 
mainframes to personal computers and how to provide secure access to 
extremely limited, site-specific internal networks. Today, with the 
worldwide web, every PC on the planet represents a potential source of 
attack, and we need to develop new tools to protect the integrity of 
our Nation's computers.
  While no single piece of legislation can fully protect our Federal 
computer systems, this act is a vital step to strengthen and update the 
authority given the National Institute of Standards and Technology to 
provide guidance to our security efforts.
  This bill is an important first step in the right direction. The 
legislation would allow NIST to: promote the use of commercially 
available, off-the-shelf security products by Federal agencies; 
increase privacy protection by giving an independent advisory board 
more responsibility and resources to review NIST's computer security 
efforts and make recommendations; support the development of a well-
trained workforce by creating a fellowship program in the field of 
computer security; study the efforts of the Federal Government to 
develop a secure, interoperable electronic infrastructure; to advise 
agencies on the deployment of electronic authentication technologies; 
and, finally, establish an expert review team to assist agencies in 
identifying and fixing existing information security vulnerabilities.
  In today's environment, the intense need for this legislation is 
obvious. For the last few months, we have been frantically trying to 
recover from the awful attacks of September 11 and plug the many holes 
in our society's lax security practices. We have gone to great effort 
to quickly react to vulnerabilities on many fronts. We passed 
legislation to secure much of our important infrastructure, and the 
administration has moved forward with many counterterrorism proposals. 
But, along with the real world, we need to protect ourselves in 
cyberspace.
  Fortunately, we have not suffered a major cyberattack, but that is 
hardly a reason not to act. A major cyberoffensive could be every bit 
as devastating as an actual physical assault. A full third of our 
recent economic development has been credited to e-commerce and needs 
to be secure. Never before has so much of our daily lives been 
documented and placed on Federal computers. Americans have the right to 
expect that this information does not fall into the wrong hands.
  Unfortunately, the government is not very adept at protecting this 
information. Over the last decade, the General Accounting Office has 
issued nearly 40 reports describing serious information

[[Page H8354]]

security weaknesses at major Federal agencies. Our own House Committee 
on Government Reform has recently issued its computer security report 
card and given the government an ``F.''
  Quite frankly, this is unacceptable. Now is the time to expand NIST's 
authority so we can begin to address these issues.
  Located in my home district of Montgomery County, NIST already plays 
a critical control role in our Nation's computer security. They are our 
Nation's premier developer of standards and guidelines and have worked 
tirelessly in the information technology area. They work closely with 
industry, Federal agencies, testing organizations, academicians and 
other private sector users with the broad mission of improving our 
competitiveness in IT and computer-related industries.
  Specifically, they work to improve awareness of computer security 
issues, conduct research on new cutting-edge technologies, develop and 
manage security testing programs, and produce security guidance and 
planning.
  Madam Speaker, I am very proud of their work in this area. They have 
a well-deserved reputation for excellence and deserve the additional 
resources to expand their efforts in computer security. They are the 
recognized leader in this field and the logical choice to coordinate 
and critique the government's efforts.
  Madam Speaker, a wide array of technology organizations have 
recognized the need for H.R. 1259 to protect our Nation's computer 
systems and secure our virtual presence. I thank them for their 
support. I urge my colleagues to stand with these organizations and 
take the important step towards securing our computer data and 
resources by passing H.R. 1259.
  Madam Speaker, I reserve the balance of my time.
  Mr. HALL of Texas. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of H.R. 1259; and, in her 
usual good practice, the gentlewoman from Maryland (Mrs. Morella) has 
very well outlined the provisions of the legislation. I would just like 
to make a few observations concerning the need for the legislation 
before us today.
  The Committee on Science developed the Computer Security Act 13 years 
ago with the goal in mind of improving the security of nonclassified 
information in the Federal agencies' computer systems. When Congress 
passed the Computer Security Act back in 1987, most of us realized that 
this new method of communication needed to be secure in order to 
realize the full potential that those that brought it forth had hoped 
for. At that time we had no idea of the growth of the Internet, 
electronic commerce, or even the growth of e-mail communication from 
our constituents. In the past few years, the spread of computer 
viruses, attacks by computer hijackers and electronic identification 
theft have all been on the rise. Regardless of our reliance on the 
Internet and computer networks, computer security is still generally 
regarded as an afterthought.
  On September 11, we realized how very vulnerable our Nation could be. 
We no longer can afford to be complacent about our physical and 
electronic security. Hearings by the Committee on Science and 
assessments by the General Accounting Office have revealed that 
computer security at Federal levels is still, in many people's opinion, 
sub par.
  The National Institute of Standards and Technology has an important 
role to play here. It is responsible for developing security standards 
and developing the very best security practices. It should assist 
agencies in training their computer security personnel and help assess 
their security weaknesses.
  Unfortunately, NIST has never really requested nor received the 
resources it needs to effectively carry out their statutory role in 
these areas. The Committee on Science has developed this bipartisan 
legislation to correct this problem. The goal of this legislation is to 
strengthen the computer security of Federal agencies, including, of 
course, the use of electronic authentication technologies.
  H.R. 1259 is not merely in response to the events of September 11. 
Actually, H.R. 1259 is and has been a result of continued and careful 
study and deliberation by the Committee on Science. We began work on 
this legislation at the beginning of the last Congress, and it has been 
the subject of hearings, and we have asked for comments by industry and 
Federal agencies. It is a thoughtful and straightforward approach for 
making Federal agencies a model of good security practices.
  I congratulate the gentlewoman from Maryland (Mrs. Morella), the 
gentleman from Tennessee (Mr. Gordon), and the gentleman from Michigan 
(Mr. Barcia) for their hard work on this legislation. Also, we would 
not be here without the assistance and support of the gentleman from 
New York (Chairman Boehlert) and his efforts to bring this bill to the 
floor. This a timely piece of legislation, Madam Speaker, and I would 
urge my colleagues to support the bill.
  Madam Speaker, I reserve the balance of my time.
  Mrs. MORELLA. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I commend the ranking member, the gentleman from Texas 
(Mr. Hall), for his leadership. Together we are a team. The Committee 
on Science is a very bipartisan, almost nonpartisan committee, and it 
is my pleasure to thank the gentleman from Texas and the gentleman from 
New York (Chairman Boehlert).
  Madam Speaker, I yield such time as he may consume to the gentleman 
from New York (Mr. Boehlert), the chairman of the Committee on Science, 
and commend him for his leadership.
  Mr. BOEHLERT. Madam Speaker, I thank the gentlewoman for yielding me 
this time.
  Madam Speaker, I rise to support H.R. 1259, the Computer Security 
Enhancement Act of 2001, and to congratulate the gentlewoman from 
Maryland (Mrs. Morella) and the gentleman from Texas (Mr. Hall) and the 
gentleman from Tennessee (Mr. Gordon) for their bipartisan work on this 
legislation and for the leadership of the past chairman, the gentleman 
from Wisconsin (Mr. Sensenbrenner), who shepherded this bill through 
the House in the last Congress.
  Since the tragedy of September 11, our Nation has awakened to a new 
world of potential threats. Some of them before now were thought not 
possible. Some were thought not likely. And, unfortunately, some were 
simply ignored. But in the last 2 months, the world has changed and we 
have resolved to fortify our Nation's critical assets, to protect our 
airports and strengthen our infrastructure.
  One compelling need is to improve the security of our Nation's 
computer systems and the uncountable government services on which they 
depend. In the last 9 years, the General Accounting Office has issued 
some three dozen reports detailing the serious information security 
weaknesses at major Federal agencies. We in the House, and particularly 
on the Committee on Science, have heeded these warnings. Others must, 
also.

                              {time}  1500

  Federal systems are not the only ones central to our Nation's smooth 
functioning. Earlier this year, the Committee on Science held several 
hearings on cybersecurity. In one of those, Governor Gilmore testified 
that his commission, which was charged with evaluating our Nation's 
vulnerabilities to weapons of mass destruction, could not ignore the 
potential additional havoc that computer attacks could wreak on our 
country, especially if computer attacks were launched at the same time 
as some other attack. Computer breaches must not be allowed to 
hamstring State and local governments as they attempt to respond to 
other kinds of threats.
  This bill, the first of several dealing with cybersecurity that the 
Committee on Science plans to bring to the floor, begins to make the 
kinds of improvements necessary to address the concerns these reports 
have raised. H.R. 1259 will encourage the computer security teams at 
the National Institute of Standards and Technology to assist other 
government agencies to improve the security of their computer networks. 
It will spur the private sector to develop improved computer security 
products to benefit the public and private sectors alike. And it will 
help recruit and train future experts in the profession of computer 
security.
  I would also like to point out that this very same bill passed this 
body a

[[Page H8355]]

little over a year ago. Unfortunately, the other body did not have time 
to pass it and send it on to the President. This time, however, I hope 
we can work with our colleagues in the Senate to pass this bill to 
strengthen our Nation's computer security and to help protect the 
American people.
  This bill is a good bill that will help our Nation deal with a 
serious threat that for too long has been inadequately addressed. I 
urge my colleagues to support this bill and help put our Nation on the 
road to better computer security.
  In closing, let me once again commend the leadership of the 
gentlewoman from Maryland and the bipartisan team that she has 
assembled and led as we have moved this through the committee and now 
to the House floor. I hope others are paying attention, because they 
need to follow through.
  Mr. HALL of Texas. Madam Speaker, I yield such time as he may consume 
to the gentleman from Tennessee (Mr. Gordon), who was ranking member on 
the Subcommittee on Environment, Technology, and Standards back when 
this legislation first began and wrote the electronic authentication 
provisions in it. He is now ranking member on the Subcommittee on Space 
and Aeronautics.
  Mr. GORDON. Madam Speaker, I thank the gentleman from Texas (Mr. 
Hall) for yielding time, and more importantly I thank him for the 
leadership he brings to the Committee on Science.
  Madam Speaker, I want to thank the gentlewoman from Maryland (Mrs. 
Morella) and the gentleman from New York (Mr. Boehlert) for their 
diligent work to bring this bill to the floor today. When the 
gentlewoman from Maryland and I began to work to improve Federal 
agencies' nonclassified computer security more than 4 years ago, I 
became aware that an important element of any computer security regime 
is electronic authentication.
  Consistent with the goals of the Government Paperwork Elimination 
Act, I wanted to ensure that Federal agencies deployed electronic 
authentication technologies in a consistent and uniform manner and that 
there was a reasonable level of interoperability between electronic 
authentication systems deployed by Federal agencies.
  Federal agencies have made some progress on improved computer 
security since the Committee on Science began working on this issue. 
However, significant vulnerabilities remain and much work needs to be 
done. Earlier this year, the GAO documented continued computer security 
failings of Federal agencies. And just a few weeks ago, a Committee on 
Government Reform assessment of Federal agencies' computer security was 
uniformly dismal.
  The events of September 11 made it evident that we cannot remain so 
complacent and lax about the security of electronic documents and 
transactions. The disruption of traditional document carriers like our 
mail and airline systems highlighted that we need to be able to 
transfer documents over an open and secure electronic communications 
system. Such a system must include robust and widely deployed 
electronic authentication technologies. Unfortunately, electronic 
authentication technologies have yet to be widely used. One of the 
goals of this bill is to ensure the effective deployment of electronic 
authentication technologies by Federal agencies.
  The Computer Security Enhancement Act is the result of discussions 
with industry, the National Institute of Standards and Technology, and 
the Department of Commerce. Under the bill, NIST, working with 
industry, is to develop minimum technical standards and guidelines to 
assist Federal agencies in deploying electronic authentication 
technologies. It is my intent that Federal agencies serve as models of 
how such technologies could be effectively implemented.
  I want to clarify that NIST is not developing standards but only 
guidelines and best practices. When I drafted these provisions relating 
to electronic authentication, I tried to ensure that the private sector 
would have a strong voice in the development of any guidelines. NIST 
has a strong record of working cooperatively with industry. I believe 
the result will be greater security and lower cost for everyone as we 
move toward an electronic transaction-based economy.
  Finally, Madam Speaker, I want to thank all the staff that have spent 
so many hours on this bill, particularly Mike Quear that assisted me on 
the bill. As they did in the 106th Congress, I would urge my colleagues 
to again support this legislation.
  Mr. HALL of Texas. Madam Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  Mrs. MORELLA. Madam Speaker, I yield myself such time as I may 
consume.
  It appears as though everyone recognizes the need for this bill and 
is in support of it. In addition to the numerous technology 
organizations that have indicated their strong support and have worked 
on the bill through the years, the President's Advisory Panel to Assess 
Domestic Response Capabilities for Terrorism Involving Weapons of Mass 
Destruction chaired by Governor Gilmore has called for an expanded role 
for NIST. That is what this bill does.
  I urge my colleagues to stand with these organizations and take an 
important step toward securing our computer data and resources by 
passing H.R. 1259. I also want to add my thanks to the gentleman from 
Tennessee (Mr. Gordon). He was my ranking member on the Subcommittee on 
Environment, Technology, and Standards when this bill was crafted. I 
thank him for his important contributions. Again I reiterate my thanks 
to ranking member Hall, to Chairman Boehlert, to the gentleman from 
Michigan (Mr. Barcia), who also served on that subcommittee, and 
certainly the staff on both sides of the aisle. I want to commend Barry 
Beringer and certainly thank Ben Wu, who was my staffer who is no 
longer with us but is now the Deputy Under Secretary of Science and 
Technology at the Department of Commerce, Carl Piccanatto from the 
National Academy of Science, Jason Cervenak and the various staff that 
we have again on both sides of the aisle. I urge everyone to support 
H.R. 1259.
  Ms. JACKSON-LEE of Texas. Madam Speaker, I rise in support of this 
legislation H.R. 1259, the Computer Security Enhancement Act of 2001.
  In the world of technology today, interactive computer applications 
are a standard worldwide and virtually anyone in the world can gain 
access to government information. A lack of security in the computer 
systems of key government agencies is a vulnerability that has 
persisted for too long and will still be around if it is not dealt with 
at once. The number of attacks have soared in recent years and it is 
not just hackers and terrorists that we have to be worried about, but 
foreign governments and other nation states as well. Less than 3 years 
ago, the Federal Computer Incident Response Center calculated 376 
occurrences upsetting 2,732 Federal systems and 86 military systems. 
Last year, the number of incidents reported was 586, which involved 
575,568 Federal systems and 148 military systems.
  A few months ago, Chinese hackers invaded government and business Web 
sites, including those run by the Navy and the Departments of Labor and 
Health and Human Services. Last year, a program called, ``ILOVEYOU'' 
penetrated systems at the Defense Department, the CIA and at least a 
dozen other agencies, attacking their infrastructure and networks.
  There is a clear risk that exists, as computer strikes become more 
sophisticated. Terrorists or hostile foreign states could unleash 
attacks through computers, severely damaging or disrupting systems that 
support critical infrastructure. This can lead to disorder in our 
Nation's defense and public operations or stolen data of sensitive 
material. The disturbing element is that the vast majority of these 
kinds of incidents are never reported, in part, because some agencies 
cannot detect when a hacker has even gained access to their files.
  H.R. 1259, Computer Security Enhancement Act of 2001 will amend the 
National Institute of Standards and Technology Act by requiring the 
Institute to provide assistance to Federal agencies. The assistance 
will include developing cost-effective and uniform standards for the 
security and privacy of sensitive information in certain Federal 
systems, providing a list of certified commercial Federal computer 
system security products, and reporting annually on Federal computer 
system evaluations. Their aid will be used to protect computer 
networks, promote Federal compliance with computer information security 
and privacy guidelines, as well as assist Federal response efforts when 
there is unauthorized access to Federal systems.
  H.R. 1259 will focus the energy of the Institute as well as agencies' 
such as the National Research Council of he National Academy of

[[Page H8356]]

Sciences and the Undersecretary of Commerce for Technology on security 
and encryption issues. Studies, training, and adoption of standards and 
products will be developed.
  This bill will also authorize appropriations for fellowships to 
students in computer security. There is a need for specialists in the 
United States and this bill will hopefully be part of a solution to the 
growing shortage of security professionals within government and this 
industry.
  According to government reports, 24 Federal agencies, have not 
adopted effective security to protect their computers and networks from 
attacks. Many agencies still do not use passwords properly and cannot 
detect intruders. Federal agencies who support this bill: the Defense 
Department, the Departments of Labor and Health and Human Services, the 
CIA, the Department of Transportation, Departments of Justice, State 
and the Treasury, Nuclear Regulatory Commission, U.S. Army Corps of 
Engineers, the Environmental Protection Agency, the Commerce Department 
as well as the Federal Aviation Administration.
  On a particular occasion last year, a computer virus breached the 
Defense Department's security system, damaging some computers and 
infecting several classified systems. Computer attacks could disable 
sensitive operations such as the FAA flight control system or Pentagon 
war efforts. This disruption could have chaotic consequences.
  This bill is a step forward in combating our current vulnerability of 
a lack of proper protection on Federal computer systems. With the 
passing of this bill will come Federal standards that will implement 
much needed assistance and programs. It is an imperative part of a 
solution to better respond to current attacks as well as potential 
ones.
  Mr. SMITH of Michigan. Madam Speaker, I rise in strong support of 
this legislation, offered by the gentlewoman from Maryland, to 
strengthen the security of sensitive Federal computer systems.
  Information security has taken on new significance. Today, the 
economy and our national security rely on computers as never before. 
Protecting these systems by reducing their vulnerability to cyber-
attack must therefore be a high priority. The same techniques that 
agencies are employing to cut costs and improve public services--
interconnected systems, readily accessible information, and paperless 
processing--are also factors that increase the vulnerability of these 
systems to hackers.
  Key strengths of this bill are its emphasis on cost-effective 
solutions and government adoption of commercially available products. 
Equally important are provisions to address privacy issues and ensure 
public participation in the development of guidelines. I would 
emphasize the bill does not mandate Federal guidelines or standards for 
the private sector.
  In a series of hearings held by the Science Committee, we learned a 
great deal about the existing and emerging threats to computer systems. 
Despite these threats, there is relatively little university-based 
research.
  The computer security fellowship program in this bill is a start. I 
plan to move an information technology research bill that will increase 
cyber-security research even further.
  As a senior member of the Science Committee, the gentlewoman from 
Maryland has produced an important piece of legislation that is very 
much needed. I urge my colleagues to support it.
  Mrs. MORELLA. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Biggert). The question is on the motion 
offered by the gentlewoman from Maryland (Mrs. Morella) that the House 
suspend the rules and pass the bill, H.R. 1259, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mrs. MORELLA. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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