[Congressional Record Volume 158, Number 116 (Wednesday, August 1, 2012)]
[Senate]
[Pages S5885-S5893]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2743. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       At the end of section 604, add the following:
       (_) Construction.--
       (1) In general.--Nothing in this Act may be construed as--
       (A) an authorization for any person, entity, or element of 
     the Federal Government, or any person or entity acting on 
     behalf of an element of the Federal Government, to take, 
     authorize, or direct any offensive cyber-related action 
     against a foreign country or an entity owned or controlled by 
     a foreign country; or
       (B) an authorization for any person, entity, or element of 
     the Federal Government, or any person or entity acting on 
     behalf of an element of the Federal Government, to take, 
     authorize, or direct any cyber-related action if such action 
     is likely to cause death or serious bodily harm to any person 
     outside of the jurisdiction of the United States,

     unless Congress has declared war or otherwise specifically 
     authorized such action pursuant to Article I, section 8, of 
     the Constitution.
       (2) Cyber-related actions.--For purposes of this 
     subsection, a cyber-related action includes, but is not 
     limited to, any action by cyber means as follows:
       (A) An action to disable a power grid or power source that 
     will result in temporary or permanent loss of electricity to 
     a civilian area.
       (B) An action to disable or to cause a temporary or 
     permanent malfunction of a civilian water supply, reservoir, 
     or water source.
       (C) An action to disable or otherwise cause a temporary or 
     permanent loss of a civilian communication system, including 
     telephone, electronic mail, or Internet services for a 
     civilian population.
       (D) An action to disrupt or disable a civilian 
     transportation network, including, but not limited to--
       (i) a transportation hub;
       (ii) a railroad or train;
       (iii) motor vehicles;
       (iv) airplanes; and
       (v) traffic signals, including motor vehicle and railroad 
     traffic signals.
       (3) Defensive actions.--Nothing in this subsection shall be 
     construed to limit the ability of the President to respond to 
     an imminent cyber threat to the extent that such response is 
     solely defensive in nature and intended to terminate an 
     ongoing cyber action that is causing, or is likely to cause, 
     significant damage, injury, or loss of life.
                                 ______
                                 
  SA 2744. Mr. HOEVEN submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       At the end of the bill, add the following:

                       TITLE VIII--MISCELLANEOUS

     SEC. 801. PILOT PROJECT OFFICES OF FEDERAL PERMIT 
                   STREAMLINING PILOT PROJECT.

       Section 365 of the Energy Policy Act of 2005 (42 U.S.C. 
     15924) is striking subsection (d) and inserting the 
     following:
       ``(d) Pilot Project Offices.--The following Bureau of Land 
     Management Offices shall serve as the Pilot Project offices:
       ``(1) Rawlins Field Office, Wyoming.
       ``(2) Buffalo Field Office, Wyoming.
       ``(3) Eastern Montana/Dakotas District, Montana.
       ``(4) Farmington Field Office, New Mexico.
       ``(5) Carlsbad Field Office, New Mexico.
       ``(6) Grand Junction/Glenwood Springs Field Office, 
     Colorado.
       ``(7) Vernal Field Office, Utah.''.
                                 ______
                                 
  SA 2745. Mr. BROWN of Massachusetts submitted an amendment intended 
to be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 51, line 23, insert ``, including through the use 
     of security analytics whenever possible,'' after 
     ``awareness''.
       On page 53, line 9, insert ``, including security 
     analytics,'' after ``capabilities''.
       On page 67, line 3, insert ``the use of real-time security 
     analytics for'' before ``reporting''.
       On page 72, line 1, insert ``, real-time or near real-time 
     analysis,'' after ``security testing''.
                                 ______
                                 
  SA 2746. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       On page 154, strike line 9, and insert the following:

     SEC. 415. REPORT ON NATIONAL GUARD CYBERSECURITY 
                   CAPABILITIES.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary, in consultation with the Secretary of 
     Defense, shall submit to the appropriate committees of 
     Congress a report on--
       (1) the current cybersecurity defensive, offensive, and 
     training capabilities within the National Guard;
       (2) the current balance of cybersecurity defensive, 
     offensive, and training capabilities across the Active and 
     Reserve components of the Armed Forces and whether it 
     achieves the appropriate balance between capability and cost; 
     and
       (3) the number of Federal cyber security civilian employees 
     who are currently serving as members of the National Guard, 
     including the States and units to which such National Guard 
     members are assigned.

     SEC. 416. MARKETPLACE INFORMATION.

                                 ______
                                 
  SA 2747. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       On page 185, line 7, insert ``if a warrant has been 
     obtained and'' after ``(A)''.
                                 ______
                                 
  SA 2748. Mr. AKAKA (for himself, Mr. Blumenthal, Mr. Coons, Mr. 
Franken, Mr. Sanders, Mr. Udall of New Mexico, Mr. Wyden, Mr. Durbin, 
and Mrs. Shaheen) submitted an amendment intended to be proposed by him 
to the bill S. 3414, to enhance the security and resiliency of the 
cyber and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       On page 105, after the end of the matter between lines 11 
     and 12, insert the following:

     SEC. 205. PRIVACY BREACH REQUIREMENTS.

       (a) In General.--Subchapter II of chapter 35 of title 44, 
     United States Code, as amended by section 201 of this Act, is 
     amended by adding at the end the following:

     ``Sec. 3559. Privacy breach requirements

       ``(a) Policies and Procedures.--The Director of the Office 
     of Management and Budget shall establish and oversee policies 
     and procedures for agencies to follow in the event of a 
     breach of information security involving the disclosure of 
     personally identifiable information, including requirements 
     for--
       ``(1) timely notice to the individuals whose personally 
     identifiable information could be compromised as a result of 
     such breach;
       ``(2) timely reporting to a Federal cybersecurity center 
     (as defined in section 708 of the Cybersecurity Act of 2012), 
     as designated by the Director of the Office of Management and 
     Budget; and
       ``(3) additional actions as necessary and appropriate, 
     including data breach analysis, fraud resolution services, 
     identity theft insurance, and credit protection or monitoring 
     services.
       ``(b) Required Agency Action.--The head of each agency 
     shall ensure that actions taken in response to a breach of 
     information security involving the disclosure of personally 
     identifiable information under the authority or control of 
     the agency comply with policies and procedures established by 
     the Director of the Office of Management and Budget under 
     subsection (a).
       ``(c) Report.--Not later than March 1 of each year, the 
     Director of the Office of Management and Budget shall report 
     to Congress

[[Page S5886]]

     on agency compliance with the policies and procedures 
     established under subsection (a).''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for subtitle II for chapter 35 of title 44, United 
     States Code, as amended by section 201 of this Act, is 
     amended by adding at the end the following:

``3559. Privacy breach requirements.''.

     SEC. 206. AMENDMENTS TO THE E-GOVERNMENT ACT OF 2002.

       Section 208(b)(1)(A) of the E-Government Act of 2002 (44 
     U.S.C. 3501 note; Public Law 107-347) is amended--
       (1) in clause (i), by striking ``or'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(iii) using information in an identifiable form 
     purchased, or subscribed to for a fee, from a commercial data 
     source.''.

     SEC. 207. AUTHORITY OF THE DIRECTOR OF THE OFFICE OF 
                   MANAGEMENT AND BUDGET WITH RESPECT TO FEDERAL 
                   INFORMATION POLICY.

       Section 3504(g) of title 44, United States Code, is 
     amended--
       (1) paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) designate a Federal Chief Privacy Officer within the 
     Office of Management and Budget who is a noncareer appointee 
     in a Senior Executive Service position and who is a trained 
     and experienced privacy professional to carry out the 
     responsibilities of the Director with regard to privacy.''.

     SEC. 208. CIVIL REMEDIES UNDER THE PRIVACY ACT.

       Section 552a(g)(4)(A) of title 5, United States Code, is 
     amended--
       (1) by striking ``actual damages'' and inserting ``provable 
     damages, including damages that are not pecuniary damages,''; 
     and
       (2) by striking ``, but in no case shall a person entitled 
     to recovery receive less than the sum of $1,000'' and 
     inserting ``or the sum of $1,000, whichever is greater.''.
       On page 188, lines 5 through 7, strike ``the Chief Privacy 
     and Civil Liberties Officer of the Department of Justice and 
     the Chief Privacy Officer of the Department'' and insert 
     ``the Federal Chief Privacy Officer''.
       On page 191, line 19, strike ``actual damages'' and insert 
     ``provable damages, including damages that are not pecuniary 
     damages,''
                                 ______
                                 
  SA 2749. Mrs. MURRAY (for herself and Ms. Landrieu) submitted an 
amendment intended to be proposed by her to the bill S. 3414, to 
enhance the security and resiliency of the cyber and communications 
infrastructure of the United States; which was ordered to lie on the 
table; as follows:

       On page 11, strike lines 12 and 13 and insert the 
     following:
     as appropriate;
       (7) the National Guard Bureau; and
       (8) the Department.
       At the end of title IV, add the following:

     SEC. 416. REPORT ON ROLES AND MISSIONS OF THE NATIONAL GUARD 
                   IN STATE STATUS IN SUPPORT OF THE CYBERSECURITY 
                   EFFORTS OF THE FEDERAL GOVERNMENT.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary shall, in 
     consultation with the Secretary of Defense and the Chief of 
     the National Guard Bureau, submit to the appropriate 
     committees of Congress a report on the roles and missions of 
     the National Guard in State status (commonly referred to as 
     ``title 32 status'') in support of the cybersecurity efforts 
     of the Department of Homeland Security, the Department of 
     Defense, and other departments and agencies of the Federal 
     Government.
       (b) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of the current roles and missions of the 
     National Guard in State status in support of the 
     cybersecurity efforts of the Federal Government, and a 
     description of the policies and authorities governing the 
     discharge of such roles and missions.
       (2) A description of the current roles and missions of the 
     National Guard while on active duty in support of the 
     cybersecurity efforts of the Federal Government, and a 
     comparison of the costs to organize, train, and equip units 
     of the National Guard on active duty in support of such 
     efforts with the costs to organize, train, and equip units of 
     the regular components of the Armed Forces with the same or 
     similar capabilities in support of such efforts.
       (3) A description of potential roles and missions for the 
     National Guard in State status in support of the 
     cybersecurity efforts of the Federal Government, a 
     description of the policies and authorities to govern the 
     discharge of such roles and missions, and recommendations for 
     such legislative or administrative actions as may be required 
     to establish and implement such roles and missions.
       (4) An assessment of the feasability and advisability of 
     public-private partnerships on homeland cybersecurity 
     missions involving the National Guard in State status, 
     including the advisability of using pilot programs to 
     evaluate feasability and advisability of such partnerships.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Armed Services of the Senate; 
     and
       (2) the Committee on Homeland Security and the Committee on 
     Armed Services of the House of Representatives.
                                 ______
                                 
  SA 2750. Mr. MANCHIN submitted an amendment intended to be proposed 
by him to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       At the end of title IV, add the following:

     SEC. 416. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CRITICAL 
                   INFRASTRUCTURE OPERATIONS.

       (a) Study.--
       (1) In general.--The Comptroller General of the United 
     States shall conduct a study of the efforts and authorities 
     of the Federal Government and States relating to the 
     resiliency of public and private critical infrastructure 
     operations after natural or man-made disasters, cyber 
     attacks, or accidents, including the ability to operate 
     critical infrastructure with backup or alternative power 
     generation.
       (2) Contents.--In conducting the study under paragraph (1), 
     the Comptroller General shall--
       (A) examine critical infrastructure, including--
       (i) fueling stations;
       (ii) water treatment facilities;
       (iii) banking institutions;
       (iv) health care facilities;
       (v) the Emergency Alert System;
       (vi) emergency 911 operations; and
       (vii) any other critical infrastructure that the 
     Comptroller General identifies;
       (B) examine the role and authority of--
       (i) State public utility or service commissions;
       (ii) the Federal Communications Commission;
       (iii) the Federal Energy Regulatory Commission;
       (iv) the North American Electric Reliability Corporation;
       (v) the Department of Energy; and
       (vi) the Department;
       (C) review policies on the priorities for restoring 
     electrical power; and
       (D) consider--
       (i) the voluntary Defense Industrial Base Critical 
     Infrastructure Protection program of the Department of 
     Defense; and
       (ii) the West Virginia University project for Cyber 
     Security in Critical Infrastructure.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Comptroller General shall submit 
     to Congress a report on the study conducted under subsection 
     (a) that includes recommendations, if any, to improve the 
     reliability, resiliency, and sustainability of, and to reduce 
     any redundancy in, the critical infrastructure and related 
     systems studied.
                                 ______
                                 
  SA 2751. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       On page 6, beginning on line 2, strike ``the underlying 
     framework that information systems and assets rely on'' and 
     insert ``information and information systems relied upon''.
       On page 7, strike line 20 and all that follows through page 
     8, line 9, and insert the following:
       (21) Operator.--The term ``operator''--
       (A) means an entity that manages, runs, or operates, in 
     whole or in part, the day-to-day operations of critical 
     infrastructure; and
       (B) may include the owner of critical infrastructure.
       (22) Owner.--The term ``owner''--
       (A) means an entity that owns critical infrastructure; and
       (B) does not include a company contracted by the owner to 
     manage, run, or operate that critical infrastructure, or to 
     provide a specific information technology product or service 
     that is used or incorporated into that critical 
     infrastructure.
       On page 8, beginning on line 14, strike ``, or an attempted 
     to cause an incident that, if successful, would have resulted 
     in''.
       On page 8, after line 22, insert the following:

     SEC. 3. RULE OF CONSTRUCTION.

       (a) Definition.--In this section, the term ``covered 
     information'' means information collected by a Federal agency 
     solely for statistical purposes under a pledge of 
     confidentiality.
       (b) Rule of Construction Relating to Covered Information.--
     Nothing in this Act or an amendment made by this Act shall be 
     construed to alter, amend, or repeal any provision of title 
     13, United States Code, the International Investment and 
     Trade in Services Survey Act (22 U.S.C. 3101 et seq.), or the 
     Confidential Information Protection and Statistical 
     Efficiency Act of 2002 (44 U.S.C. 3501 note), or any similar 
     provision of law, that relates to the unauthorized disclosure 
     or use of covered information, except that the head of each 
     Federal agency that collects covered information pursuant to 
     any such provision of law is authorized to disclose the 
     covered information to the Secretary to fulfill the 
     information security responsibilities

[[Page S5887]]

     of the head of the Federal agency and the Secretary under 
     sections 3553 and 3554 of title 44, United States Code, as 
     amended by this Act.
       On page 10, line 7, before ``; and'' insert ``, in 
     connection with activities authorized and conducted in 
     accordance with this title''.
       On page 10, beginning on line 9, strike ``technical 
     guidance or assistance to owners and operators consistent 
     with this title'' and insert ``guidance on the application of 
     cybersecurity practices in accordance with this title''.
       On page 10, line 18, insert ``and'' after the semicolon.
       On page 11, strike lines 1 through 13 and insert the 
     following:
       (d) Membership.--The Council shall be comprised of--
       (1) the Secretary of Commerce;
       (2) the Secretary of Defense;
       (3) the Attorney General;
       (4) the Director of National Intelligence;
       (5) the heads of sector-specific Federal agencies that are 
     appointed by the President, by and with the advice and 
     consent of the Senate, as determined by the President in 
     accordance with subsection (g);
       (6) the heads of Federal agencies with responsibility for 
     regulating the security of critical cyber infrastructure that 
     are appointed by the President, by and with the advice and 
     consent of the Senate, as determined by the President in 
     accordance with subsection (g); and
       (7) the Secretary.
       On page 12, line 3, after ``provide'' insert ``, to the 
     maximum extent possible,''.
       On page 12, line 5, after ``provide'' insert ``, to the 
     maximum extent possible,''.
       On page 12, line 8, strike ``A'' and insert ``The head of 
     a''.
       On page 12, line 9, strike ``and a'' and insert ``or a''.
       On page 12, line 13, after ``responsibility'' insert ``, 
     including''.
       On page 13, line 13, after ``with'' insert ``appropriate''.
       On page 13, line 20, strike ``180 days'' and insert ``90 
     days''.
       On page 15, between lines 9 and 10, insert the following:
       (6) Initial assessments.--Not later than 270 days after the 
     date of enactment of this Act, the member agency designated 
     under paragraph (1) shall complete initial cyber risk 
     assessments described in paragraph (2)(B).
       On page 17, line 16, strike ``damage'' and insert ``harm''.
       On page 18, line 2, strike ``damage'' and insert ``harm''.
       On page 20, line 5, strike ``180 days'' and insert ``1 
     year''.
       On page 20, line 12, strike ``, standards,''.
       On page 20, line 22, after ``with'' insert ``appropriate''.
       On page 21, beginning on line 3, strike ``relevant security 
     experts and'' and insert ``appropriate security experts,''.
       On page 21, between lines 17 and 18, insert the following:
       (2) NIST involvement.--As part of the process described in 
     paragraph (1), the Director of the National Institute of 
     Standards and Technology shall be invited to provide advice 
     and guidance on any possible amendments to the cybersecurity 
     practices and any additional cybersecurity practices in 
     consultation with appropriate public and private 
     stakeholders.
       On page 21, line 18, strike ``(2)'' and insert ``(3)''.
       On page 21, line 19, strike ``1 year'' and insert ``18 
     months''.
       On page 22, beginning on line 11, strike ``180 days'' and 
     insert ``1 year''.
       On page 22, line 13, strike ``1 year'' and insert ``18 
     months''.
       On page 25, strike lines 10 through 17 and insert the 
     following:
       (1) In general.--After the Council adopts a cybersecurity 
     practice, a relevant sector coordinating council and the 
     Critical Infrastructure Partnership Advisory Council may 
     issue a public report evaluating the cybersecurity practice, 
     which may include input from appropriate institutions of 
     higher education, including university information security 
     centers, national laboratories, and appropriate 
     nongovernmental cybersecurity experts.
       On page 25, line 19, strike ``consider any review 
     conducted'' and insert ``consider, in accordance with 
     subsection (c), any public report issued''.
       On page 25, strike lines 21 through 24 and insert the 
     following:
       (i) Voluntary Guidance.--At the request of an owner or 
     operator, the Council may provide guidance on the application 
     of cybersecurity practices to the critical infrastructure in 
     accordance with this title.
       On page 26, line 5, strike ``1 year'' and insert ``18 
     months''.
       On page 27, line 13, strike ``an assessment'' and insert 
     ``a third-party assessment, in accordance with subsection 
     (b),''.
       On page 28, beginning on line 15, strike ``specific 
     cybersecurity measures that, if implemented, would'' and 
     insert ``guidance on how to''.
       On page 29, line 5, strike ``owner'' and all that follows 
     through line 7, and insert the following: ``owner has 
     effectively implemented cybersecurity measures sufficient to 
     satisfy the outcome-based cybersecurity practices established 
     under section 103.''.
       On page 30, line 20, strike ``Subaragraph'' and insert 
     ``Subparagraph''.
       On page 34, line 15, before ``or'' insert ``including under 
     title II of the Homeland Security Act of 2002 (6 U.S.C. 121 
     et seq.),''.
       On page 35, beginning on line 19, strike ``treated as 
     voluntarily shared critical infrastructure information 
     under'' and insert ``afforded the protections of''.
       On page 36, beginning on line 16, strike ``covered 
     critical'' and insert ``critical cyber''.
       On page 36, beginning on line 19, strike ``concerns (in 
     addition to any concerns described under subparagraph (A))'' 
     and insert ``other concerns''.
       On page 37, line 11, strike ``specifically prohibited by 
     law or is''.
       On page 37, line 14, after ``affairs'' insert ``or the 
     disclosure of which is otherwise subject to legal 
     restrictions''.
       On page 41, line 4, strike ``1 year'' and insert ``2 
     years''.
       On page 42, line 16, strike ``covered critical'' and insert 
     ``critical cyber''.
       On page 43, line 14, after ``and'' insert ``in connection 
     with affording the protections of section 214 of the Homeland 
     Security Act of 2012 (6 U.S.C. 133) to covered information in 
     accordance with''.
       On page 44, beginning on line 6, strike ``a private sector 
     coordinating council'' and insert ``the entity''.
       On page 44, line 9, strike ``sector of critical 
     infrastructure'' and insert ``critical infrastructure or key 
     resource sector''.
       On page 44, line 10, after ``Plan'' insert ``, or any 
     successor plan''.
       On page 44, line 15, strike ``under the National'' and all 
     that follows through line 18, and insert the following: ``, 
     as designated by the President or the President's 
     designee.''.
       On page 46, beginning on line 6, strike ``improve and 
     continuously monitor'' and insert ``continuously monitor and 
     improve''.
       On page 46, beginning on line 25, strike ``the complete set 
     of''.
       On page 47, line 2, after ``system'' insert ``have been 
     implemented and''.
       On page 47, line 5, strike ``To the maximum'' and all that 
     follows through line 9.
       On page 47, line 22, after ``protected'' insert ``, or in 
     accordance with section 3553(d)(3)''.
       On page 47, between lines 22 and 23, insert the following:
       ``(4) Cybersecurity services.--The term ``cybersecurity 
     services'' means products, goods, or services intended to 
     detect, mitigate, or prevent cybersecurity threats.
       On page 47, line 23, strike ``(4)'' and insert ``(5)''.
       On page 48, line 8, strike ``(5)'' and insert ``(6)''.
       On page 49, line 1, strike ``(6)'' and insert ``(7)''.
       On page 49, line 4, strike ``(7)'' and insert ``(8)''.
       On page 50, line 13, strike ``(8)'' and insert ``(9)''.
       On page 53, line 7, strike ``and penetration testing'' and 
     insert ``, penetration testing, and the operation of a 
     continuous monitoring capability to provide real-time 
     visibility into the condition and status of agency 
     information systems''.
       On page 57, beginning on line 21, strike ``or information 
     security services'' and insert ``services, remote computing 
     services, or cybersecurity services''.
       On page 57, line 24, strike ``or to deploy 
     countermeasures'' and insert ``, deploy countermeasures, or 
     otherwise operate protective capabilities''.
       On page 60, line 17, strike ``Assistant Secretary'' and all 
     that follows through line 19, and insert the following: 
     ``Director of the National Center for Cybersecurity and 
     Communications.''.
       On page 76, line 5, strike ``section 3553'' and insert 
     ``section 3553(d)(3)''.
       On page 77, beginning on line 17, strike ``under the 
     control of the Department of Defense'' and insert ``described 
     in section 3553(g)(2)''.
       On page 77, beginning on line 20, strike ``under the 
     control of the Central Intelligence Agency'' and insert 
     ``described in section 3553(g)(3)''.
       On page 77, beginning on line 24, strike ``under the 
     control of the Office of the Director of National 
     Intelligence'' and insert ``described in section 
     3553(g)(4)''.
       On page 81, strike the matter between lines 15 and 16 and 
     insert the following:

                  ``subchapter ii--information security

``3551. Purposes.
``3552. Definitions.
``3553. Federal information security authority and coordination.
``3554. Agency responsibilities.
``3555. Annual assessments.
``3556. Independent evaluations.
``3557. National security systems.
``3558. Effect on existing law.''.

       On page 90, line 16, before ``National'' insert ``functions 
     of the''.
       On page 90, beginning on line 17, strike ``on the date of 
     enactment of the Cybersecurity Act of 2012'' and insert 
     ``transferred to the Department''.
       On page 90, line 19, strike ``Order 12472'' and insert 
     ``Order 13618''.
       On page 91, beginning on line 19, strike ``National 
     Communications System'' and insert ``functions of the 
     National Communications System transferred to the Department 
     under section 201(g)''.
       On page 91, line 20, strike ``the'' and insert ``their''.
       On page 91, line 21, strike ``liabilities of the'' and all 
     that follows through line 24, and insert ``liabilities.''.
       On page 93, line 20, after ``providing'' insert ``technical 
     assistance, analysis of incidents, and other''.
       On page 102, line 5, after ``as'' insert ``appropriate 
     and''.

[[Page S5888]]

       On page 105, line 23, strike ``authorized'' and insert 
     ``permitted''.
       On page 105, line 24, strike ``Code, or'' and insert 
     ``Code,''.
       On page 106, line 2, after ``et seq.)'' insert ``, or 
     section 3553 of title 44, United States Code''.
       On page 113, line 19, after ``Communications'' insert ``, 
     and in consultation with the Director of the National 
     Institute of Standards and Technology and the Administrator 
     of the National Telecommunications and Information 
     Administration''.
       On page 120, line 15, before ``of'' insert ``and the 
     Committee on Homeland Security and Governmental Affairs''.
       On page 120, line 16, after ``Technology'' insert ``and the 
     Committee on Oversight and Government Reform''.
       On page 125, line 15, after ``other'' insert 
     ``cybersecurity''.
       On page 128, line 18, after ``Secretary'' insert ``and the 
     Director of the Office of Personnel Management''.
       On page 130, line 12, strike ``shall'' and insert ``may''.
       On page 131, line 16, after ``Foundation'' insert ``, in 
     coordination with the Director of the Office of Personnel 
     Management,''.
       On page 134, line 6, strike ``all'' and insert 
     ``appropriate''.
       On page 136, line 17, strike ``engaged in'' and insert ``in 
     vacant positions that are part of the Federal''.
       On page 147, strike the matter between lines 3 and 4 and 
     insert the following:

``Sec. 245. National Center for Cybersecurity and Communications 
              acquisition authorities.
``Sec. 246. Recruitment and retention program for the National Center 
              for Cybersecurity and Communications.''.

       On page 152, strike line 20 and all that follows through 
     page 153, line 14, and insert the following:
       (1) legal or other impediments to appropriate public 
     awareness of the nature of, methods of propagation of, and 
     damage caused by common cybersecurity threats such as 
     computer viruses, phishing techniques, and malware; and
       (2) a summary of the plans of the Secretary to enhance 
     public awareness of common cybersecurity threats, including a 
     description of the metrics used by the Department for 
     evaluating the efficacy of public awareness campaigns.
       On page 201, line 19, strike ``or''.
       On page 201, between lines 19 and 20, insert the following:
       (11) to alter or amend the law enforcement or intelligence 
     authorities of any agency or Federal cybersecurity center; or
       On page 201, line 20, strike ``(11)'' and insert ``(12)''.
                                 ______
                                 
  SA 2752. Mr. JOHNSON of South Dakota submitted an amendment intended 
to be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 156, line 3, strike ``(1);'' and all that follows 
     through ``any public'' on line 10 and insert ``(1); and
       ``(3) any public''.
                                 ______
                                 
  SA 2753. Mr. JOHNSON of South Dakota submitted an amendment intended 
to be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 61, between lines 4 and 5, insert the following:
       ``(D) Critical infrastructure.--Notwithstanding 
     subparagraph (A), if an agency identifies a system to the 
     Secretary in writing as a system the disruption of which 
     would cause grave damage to the economic infrastructure of 
     the United States, including a system used to carry out 
     payment, fiscal agency, lending, or liquidity activities or 
     Federal open market operations, the Secretary may authorize 
     the use of protective capabilities that affect the system 
     only with the concurrence of the head of that agency.
                                 ______
                                 
  SA 2754. Mr. JOHNSON of South Dakota submitted an amendment intended 
to be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 60, strike lines 1 through 13 and insert the 
     following:
       ``(A) In general.--If the Secretary determines that there 
     is a substantial and imminent threat to agency information 
     systems and, after consultation with the affected agency, 
     determines that 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. If prior 
     consultation with the affected agency is not reasonably 
     practicable under the circumstances, the Secretary may 
     authorize the use of the protective capabilities 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.
                                 ______
                                 
  SA 2755. Mr. JOHNSON of South Dakota submitted an amendment intended 
to be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 58, strike lines 18 through 21 and insert the 
     following:
       ``(B) Exception.--The authorities of the Secretary under 
     this subsection shall not apply to--
       ``(i) a system described in paragraph (2), (3), or (4) of 
     subsection (g); or
       ``(ii) a system used to carry out payment, fiscal agency, 
     lending, or liquidity activities or Federal open market 
     operations where the disruption of such system could 
     reasonably result in catastrophic economic damage to the 
     United States.
                                 ______
                                 
  SA 2756. Mr. JOHNSON of South Dakota submitted an amendment intended 
to be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 55, line 22, insert ``, with the concurrence of the 
     affected agency,'' after ``the Secretary''.
                                 ______
                                 
  SA 2757. Mr. JOHNSON of South Dakota submitted an amendment intended 
to be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 51, line 12, strike ``used or''.
                                 ______
                                 
  SA 2758. Mr. JOHNSON of South Dakota submitted an amendment intended 
to be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 18, line 25, strike ``or'' and all that follows 
     through page 19, line 2, and insert the following:
       (C) a commercial item that organizes or communicates 
     information electronically; or
       (D) critical infrastructure that is subject to the 
     requirements under subchapter II of chapter 35 of title 44, 
     United States Code, as amended by section 201 of this Act.
                                 ______
                                 
  SA 2759. Mr. JOHNSON of South Dakota submitted an amendment intended 
to be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 12, between lines 21 and 22, insert the following:
       (h) Federal Reserve Banks.--For purposes of this title, the 
     Federal agency with responsibility for regulating the 
     security of critical cyber infrastructure of the Federal 
     Reserve Banks is the Board of Governors of the Federal 
     Reserve System.
                                 ______
                                 
  SA 2760. Mr. JOHNSON of South Dakota submitted an amendment intended 
to be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 12, line 12, insert ``or owner'' after ``the 
     sector''.
                                 ______
                                 
  SA 2761. Mr. JOHNSON of South Dakota submitted an amendment intended 
to be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 11, between lines 12 and 13, insert the following:
       (7) the Department of the Treasury; and
                                 ______
                                 
  SA 2762. Mr. JOHNSON of South Dakota submitted an amendment intended 
to be proposed by him to the bill S. 3414, to enhance the security and 
resiliency of the cyber and communications infrastructure of the United 
States; which was ordered to lie on the table; as follows:

       On page 11, line 12, strike ``and''.
       On page 11, between lines 12 and 13, insert the following:
       (7) the Department of the Treasury; and
       On page 11, line 13, strike ``(7)'' and insert ``(8)''.
       On page 12, line 12, insert ``or owner'' after ``the 
     sector''.

[[Page S5889]]

       On page 12, between lines 21 and 22, insert the following:
       (h) Federal Reserve Banks.--For purposes of this title, the 
     Federal agency with responsibility for regulating the 
     security of critical cyber infrastructure of the Federal 
     Reserve Banks is the Board of Governors of the Federal 
     Reserve System.
       On page 18, line 25, strike ``or'' and all that follows 
     through page 19, line 2, and insert the following:
       (C) a commercial item that organizes or communicates 
     information electronically; or
       (D) critical infrastructure that is subject to the 
     requirements under subchapter II of chapter 35 of title 44, 
     United States Code, as amended by section 201 of this Act.
       On page 51, line 12, strike ``used or''.
       On page 55, line 22, insert ``, with the concurrence of the 
     affected agency,'' after ``the Secretary''.
       On page 58, strike line 18 and all that follows through 
     page 60, line 13, and insert the following:
       ``(B) Exception.--The authorities of the Secretary under 
     this subsection shall not apply to--
       ``(i) a system described in paragraph (2), (3), or (4) of 
     subsection (g); or
       ``(ii) a system used to carry out payment, fiscal agency, 
     lending, or liquidity activities or Federal open market 
     operations where the disruption of such system could 
     reasonably result in catastrophic economic damage to the 
     United States.
       ``(2) Procedures for use of authority.--The Secretary 
     shall--
       ``(A) in coordination with the Director of the Office of 
     Management and Budget and, as appropriate, in consultation 
     with operators of information systems, 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 directives 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; and
       ``(D) notify the Director of the Office of Management and 
     Budget and head of any affected agency immediately upon the 
     issuance of a directive under this subsection.
       ``(3) Imminent threats.--
       ``(A) In general.--If the Secretary determines that there 
     is a substantial and imminent threat to agency information 
     systems and, after consultation with the affected agency, 
     determines that 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. If prior 
     consultation with the affected agency is not reasonably 
     practicable under the circumstances, the Secretary may 
     authorize the use of the protective capabilities 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.
       On page 61, between lines 4 and 5, insert the following:
       ``(D) Critical infrastructure.--Notwithstanding 
     subparagraph (A), if an agency identifies a system to the 
     Secretary in writing as a system the disruption of which 
     would cause grave damage to the economic infrastructure of 
     the United States, including a system used to carry out 
     payment, fiscal agency, lending, or liquidity activities or 
     Federal open market operations, the Secretary may authorize 
     the use of protective capabilities that affect the system 
     only with the concurrence of the head of that agency.
       On page 61, line 5, strike ``(D)'' and insert ``(E)''.
       On page 156, line 3, insert ``and'' after the semicolon.
       On page 156, strike lines 4 through 9.
       On page 156, line 10, strike ``(4)'' and insert ``(3)''.
                                 ______
                                 
  SA 2763. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       On page 108, line 21, after ``software'' insert ``, 
     hardware, and other cybersecurity technology''.
       On page 121, line 6, after ``science'' insert ``and cyber-
     engineering''.
       On page 121, line 14, after ``Foundation'' insert ``, in 
     consultation with the Secretary,''.
       On page 124, line 13, strike ``national and statewide'' and 
     insert ``national, statewide, regional, and local''.
       On page 125, line 24, after ``other'' insert ``nonprofit 
     or''.
       On page 137, between lines 5 and 6, insert the following:
       (e) Report.--The Secretary, in coordination with the 
     Director of the Office of Personnel Management, the Director 
     of National Intelligence, the Secretary of Defense, and the 
     Chief Information Officers Council established under section 
     3603 of title 44, United States Code, shall submit a report 
     to the appropriate committees of Congress on whether the 
     establishment of a national institute dedicated to 
     cybersecurity education and training described under 
     subsection (b) is appropriate.
                                 ______
                                 
  SA 2764. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CRITICAL COMMUNICATIONS INFRASTRUCTURE PILOT 
                   PROGRAM.

       (a) Definition.--In this section, the term ``passive 
     Internet Protocol route analytics'' means a method for 
     determining behaviors, patterns, and statuses of Internet 
     Protocol network equipment and paths without--
       (1) actively communicating directly with network equipment, 
     such as routers and switches; or
       (2) significantly inspecting the contents of an Internet 
     Protocol network packet.
       (b) Establishment.--Not later than 6 months after the date 
     of enactment of this Act, the Manager of the National 
     Coordinating Center for Telecommunications, acting through 
     the National Communications System, shall initiate a 12-month 
     pilot program to evaluate enhanced critical communications 
     infrastructure, including systems supporting operational and 
     situational awareness, national security, and emergency 
     preparedness.
       (c) Evaluation Criteria.--By means of passive Internet 
     Protocol route analytics, the pilot program under this 
     section shall include criteria to evaluate the status of a 
     representative subset of critical communications 
     infrastructure.
       (d) Connectivity.--The program shall at a minimum provide--
       (1) end-to-end connectivity between the National Center for 
     Critical Information Processing and Storage and United States 
     Pacific Command facilities; and
       (2) undersea communications between the mainland of the 
     United States and Europe.
       (e) Termination.--The pilot program established under this 
     section shall terminate 1 year after the date on which the 
     program is established.
       (f) Report.--Not later than 6 months after the termination 
     date described in subsection (e), the Manager of the National 
     Coordinating Center for Telecommunications, acting through 
     the National Communications System, shall submit to the 
     appropriate Congressional committees a report on the 
     effectiveness and scalability of enhanced critical 
     communications infrastructure, including systems supporting 
     operational and situational awareness, national security, and 
     emergency preparedness.
                                 ______
                                 
  SA 2765. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       On page 107, line 1, after ``science'' insert ``, legal,''.
       On page 108, strike lines 10 and 11 and insert the 
     following:

     amended by subsection (f);
       (12) how improved education of judges and other legal 
     professionals can contribute to cybersecurity; and
       (13) any additional objectives the Director or
       On page 115, line 11, before ``; and'' insert the 
     following: ``, including by increasing educational 
     opportunities for judges and other legal professionals''.
       On page 125, line 20, after ``State,'' insert 
     ``national,''.
       On page 126, strike lines 9 through 11 and insert the 
     following:
       (F) offensive and defensive cyber operations;
       (G) legal analysis of cyber crime and cybersecurity; and
       (H) other areas to fulfill the cybersecurity
       At the end of title IV, add the following:

     SEC. 416. CYBER EDUCATION AT INSTITUTIONS OF HIGHER EDUCATION 
                   AND CAREER AND TECHNICAL INSTITUTIONS.

       The Secretary of Education, in coordination with the 
     Secretary, and after consultation with appropriate private 
     entities, shall--
       (1) develop model curriculum standards and guidelines to 
     address cyber safety, cybersecurity, and cyber ethics for all 
     students enrolled in institutions of higher education, and 
     all students enrolled in career and technical institutions, 
     in the United States; and
       (2) analyze and develop recommended courses for students 
     interested in pursuing careers in information technology, 
     communications, computer science, engineering, law, 
     mathematics, and science, as those subjects relate to 
     cybersecurity.
                                 ______
                                 
  SA 2766. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:


[[Page S5890]]


       On page 174, strike line 12 and all that follows through 
     page 180, line 14, and insert the following:

     SEC. 703. CYBERSECURITY EXCHANGES.

       (a) Designation of Cybersecurity Exchanges.--The Secretary 
     of Homeland Security, in consultation with the Director of 
     National Intelligence, the Attorney General, and the 
     Secretary of Defense, shall establish--
       (1) a process for designating one or more appropriate 
     civilian Federal entities or non-Federal entities to serve as 
     cybersecurity exchanges to receive and distribute 
     cybersecurity threat indicators;
       (2) procedures to facilitate and ensure the sharing of 
     classified and unclassified cybersecurity threat indicators 
     in as close to real time as possible with appropriate Federal 
     entities and non-Federal entities in accordance with this 
     title, including through automated and other means that allow 
     for the immediate sharing of such indicators in accordance 
     with this title; and
       (3) a process for identifying certified entities to receive 
     classified cybersecurity threat indicators in accordance with 
     paragraph (2).
       (b) Purpose.--The purpose of a cybersecurity exchange is to 
     receive and distribute, in as close to real time as possible, 
     cybersecurity threat indicators in accordance with the 
     requirements of this title and the procedures established 
     under subsection (a)(2), and to thereby avoid unnecessary and 
     duplicative Federal bureaucracy for information sharing as 
     provided in this title.
       (c) Requirement for a Lead Federal Civilian Cybersecurity 
     Exchange.--
       (1) In general.--The Secretary, in consultation with the 
     Director of National Intelligence, the Attorney General, and 
     the Secretary of Defense, shall designate a civilian Federal 
     entity as the lead cybersecurity exchange to serve as a focal 
     point within the Federal Government for cybersecurity 
     information sharing among Federal entities and with non-
     Federal entities.
       (2) Responsibilities.--The lead Federal civilian 
     cybersecurity exchange designated under paragraph (1) shall--
       (A) receive and distribute, in as close to real time as 
     possible, cybersecurity threat indicators in accordance with 
     this title and the procedures established under subsection 
     (a)(2);
       (B) facilitate information sharing, interaction, and 
     collaboration among and between--
       (i) Federal entities;
       (ii) State, local, tribal, and territorial governments;
       (iii) private entities;
       (iv) academia;
       (v) international partners, in consultation with the 
     Secretary of State; and
       (vi) other cybersecurity exchanges;
       (C) disseminate timely and actionable cybersecurity threat, 
     vulnerability, mitigation, and warning information lawfully 
     obtained from any source, including alerts, advisories, 
     indicators, signatures, and mitigation and response measures, 
     to appropriate Federal and non-Federal entities in accordance 
     with this title and the procedures established under 
     subsection (a)(2) in as close to real time as possible to 
     improve the security and protection of information systems;
       (D) coordinate with other Federal and non-Federal entities, 
     as appropriate, to integrate information from Federal and 
     non-Federal entities, including Federal cybersecurity 
     centers, non-Federal network or security operation centers, 
     other cybersecurity exchanges, and non-Federal entities that 
     disclose cybersecurity threat indicators under section 
     704(a), in accordance with this title and the procedures 
     established under subsection (a)(2) in as close to real time 
     as possible, to provide situational awareness of the United 
     States information security posture and foster information 
     security collaboration among information system owners and 
     operators;
       (E) conduct, in consultation with private entities and 
     relevant Federal and other governmental entities, regular 
     assessments of existing and proposed information sharing 
     models to eliminate bureaucratic obstacles to information 
     sharing and identify best practices for such sharing; and
       (F) coordinate with other Federal entities, as appropriate, 
     to compile and analyze information about risks and incidents 
     that threaten information systems, including information 
     voluntarily submitted in accordance with section 704(a) or 
     otherwise in accordance with applicable laws.
       (3) Schedule for designation.--The designation of a lead 
     Federal civilian cybersecurity exchange under paragraph (1) 
     shall be made concurrently with the issuance of the interim 
     policies and procedures under section 704(g)(3)(D).
       (d) Additional Civilian Federal Cybersecurity Exchanges.--
     In accordance with the process and procedures established in 
     subsection (a), the Secretary, in consultation with the 
     Director of National Intelligence, the Attorney General, and 
     the Secretary of Defense, may designate additional civilian 
     Federal entities to receive and distribute cybersecurity 
     threat indicators, if such entities are subject to the 
     requirements for use, retention, and disclosure of 
     information by a cybersecurity exchange under section 704(b) 
     and the special requirements for Federal entities under 
     section 704(g).
       (e) Requirements for Non-Federal Cybersecurity Exchanges.--
       (1) In general.--In considering whether to designate a 
     private entity or any other non-Federal entity as a 
     cybersecurity exchange to receive and distribute 
     cybersecurity threat indicators under section 704, and what 
     entity to designate, the Secretary shall consider the 
     following factors:
       (A) The net effect that such designation would have on the 
     overall cybersecurity of the United States.
       (B) Whether such designation could substantially improve 
     such overall cybersecurity by serving as a hub for receiving 
     and sharing cybersecurity threat indicators in as close to 
     real time as possible, including the capacity of the non-
     Federal entity for performing those functions in accordance 
     with this title and the procedures established under 
     subsection (a)(2).
       (C) The capacity of such non-Federal entity to safeguard 
     cybersecurity threat indicators from unauthorized disclosure 
     and use.
       (D) The adequacy of the policies and procedures of such 
     non-Federal entity to protect personally identifiable 
     information from unauthorized disclosure and use.
       (E) The ability of the non-Federal entity to sustain 
     operations using entirely non-Federal sources of funding.
       (2) Regulations.--The Secretary may promulgate regulations 
     as may be necessary to carry out this subsection.
       (f) Construction With Other Authorities.--Nothing in this 
     section may be construed to alter the authorities of a 
     Federal cybersecurity center, unless such cybersecurity 
     center is acting in its capacity as a designated 
     cybersecurity exchange.
       (g) Congressional Notification of Designation of 
     Cybersecurity Exchanges.--
       (1) In general.--The Secretary, in coordination with the 
     Director of National Intelligence, the Attorney General, and 
     the Secretary of Defense, shall promptly notify Congress, in 
     writing, of any designation of a cybersecurity exchange under 
     this title.
       (2) Requirement.--Written notification under paragraph (1) 
     shall include a description of the criteria and processes 
     used to make the designation.
                                 ______
                                 
  SA 2767. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       On page 117, strike line 14 and all that follows to page 
     119, line 2 and insert the following:
       (a) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Director of the National Science 
     Foundation, in coordination with the Secretary, shall 
     establish cybersecurity research centers based at 
     institutions of higher education and other entities that meet 
     the criteria described in subsection (b) to develop solutions 
     and strategies that support the efforts of the Federal 
     Government under this Act in--
       (1) improving the security and resilience of information 
     infrastructure;
       (2) reducing cyber vulnerabilities;
       (3) mitigating the consequences of cyber attacks on 
     critical infrastructure;
       (4) developing awareness training strategies for owners and 
     operators of critical infrastructure; and
       (5) diversifying cybersecurity research and education.
       (b) Criteria for Selection.--In selecting an institution of 
     higher education or other entity to serve as a Research 
     Center for Cybersecurity, the Director of the National 
     Science Foundation shall consider--
       (1) demonstrated expertise in systems security, wireless 
     security, networking and protocols, formal methods and high-
     performance computing, nanotechnology, and industrial control 
     systems;
       (2) demonstrated capability to conduct high performance 
     computation integral to complex cybersecurity research, 
     whether through on-site or off-site computing;
       (3) demonstrated expertise in interdisciplinary 
     cybersecurity research;
       (4) affiliation with private sector entities involved with 
     industrial research described in paragraph (1) and ready 
     access to testable commercial data;
       (5) prior formal research collaboration arrangements with 
     institutions of higher education and Federal research 
     laboratories;
       (6) capability to conduct research in a secure environment; 
     and
       (7) affiliation with existing research programs of the 
     Federal Government, including designation as a National 
     Center of Academic Excellence by the National Security 
     Agency.
       (c) Requirements.--The research centers established under 
     subsection (a) shall include centers led by institutions of 
     higher education that are eligible institutions, as defined 
     in section 371(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1067q(a)) that--
       (1) have accredited engineering and law schools
       (2) are classified by the Carnegie Foundation as research 
     universities with high research activity; and
       (3) have been designated as a center of excellence or model 
     institute of excellence by a Federal agency.
       (d) Advisory Board.--
       (1) In general.--The Secretary of Homeland Security shall 
     establish a cybersecurity research advisory board, which 
     shall meet regularly with the Director of the National 
     Science Foundation, the Department of

[[Page S5891]]

     Homeland Security Under Secretary for Science and Technology, 
     and the Department of Homeland Security Under Secretary for 
     the National Protection and Programs Directorate to review 
     the activities of the research centers established under 
     subsection (a).
       (2) Memberships.--In establishing the advisory board under 
     subsection (d), the Secretary of Homeland Security shall 
     ensure that the members of the advisory board are--
       (A) from institutions of higher education with the 
     expertise in the protection of critical infrastructure 
     against cyber attacks;
       (B) from institutions described in subsection (c); and
       (C) equally representative of the 10 Federal regions that 
     comprise the Standard Federal Regions established by the 
     Office of Management and Budget in the document entitled 
     ``Standard Federal Regions'' and dated April 1974 (circular 
     A-105).
                                 ______
                                 
  SA 2768. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 3414, to enhance the security and resiliency of 
the cyber and communications infrastructure of the United States; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FEDERAL CYBERSECURITY SCHOLARSHIP FOR SERVICE 
                   PROGRAM.

       (a) Definition.--In this section, the term ``veteran'' has 
     the meaning given that term under section 101 of title 38, 
     United States Code.
       (b) Establishment of Program.--Not later than 180 days 
     after the date of enactment of this Act, the Director of the 
     Office of Personnel Management, in coordination with the 
     National Initiative for Cybersecurity Education of the 
     National Institute of Standards and Technology and the 
     Director of the National Science Foundation, shall establish 
     a program within the Federal Cyber Service Scholarship for 
     Service to provide education and training in the area of 
     cybersecurity to veterans (in this section referred to as the 
     ``program'').
       (c) Eligible Students.--To be eligible under the program, 
     an applicant shall--
       (1) be a veteran; and
       (2) pursue a baccalaureate, master's, or doctorate degree 
     in a program of study relevant to cybersecurity.
       (d) Priority for Disabled Veterans.--Priority for 
     eligibility under the program shall be given to veterans who 
     are disabled.
       (e) Eligible Institutions.--In developing the program, the 
     Director of the Office of Personnel Management, in 
     coordination with the Director of the National Institute of 
     Standards and Technology, shall designate multiple 
     institutions participating in the Federal Cyber Service 
     Scholarship for Service program on the date of enactment of 
     this Act as Centers of Academic Excellence in Veteran Cyber 
     Security Education, which shall be participating institutions 
     for purposes of the program.
       (f) Benefits.--Subject to the availability of 
     appropriations, the Director of the National Science 
     Foundation shall provide scholarship benefits to eligible 
     students for attendance at an institution designated under 
     subsection (e).
       (g) Direct Hiring Authority.--The Director of the Office of 
     Personnel Management shall establish direct hiring authority, 
     which shall not be limited to a specific job code or grade, 
     for relevant Federal agencies desiring to hire graduates of 
     the program.
                                 ______
                                 
  SA 2769. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 2579 submitted by Mr. Leahy and intended to be proposed to 
the bill S. 3414, to enhance the security and resiliency of the cyber 
and communications infrastructure of the United States; which was 
ordered to lie on the table; as follows:

       On page 11, strike lines 1 through 10.
                                 ______
                                 
  SA 2770. Mr. REID (for Mr. Carper (for himself, Ms. Collins, Mr. 
Brown of Massachusetts, and Mr. Coburn)) proposed an amendment to the 
bill S. 1409, to intensify efforts to identify, prevent, and recover 
payment error, waste, fraud, and abuse within Federal spending.

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Improper Payments 
     Elimination and Recovery Improvement Act of 2012''.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``agency'' means an executive agency as that 
     term is defined under section 102 of title 31, United States 
     Code; and
       (2) the term ``improper payment'' has the meaning given 
     that term in section 2(g) of the Improper Payments 
     Information Act of 2002 (31 U.S.C. 3321 note), as 
     redesignated by section 3(a)(1) of this Act.

     SEC. 3. IMPROVING THE DETERMINATION OF IMPROPER PAYMENTS BY 
                   FEDERAL AGENCIES.

       (a) In General.--Section 2 of the Improper Payments 
     Information Act of 2002 (31 U.S.C. 3321 note) is amended--
       (1) by redesignating subsections (b) through (g) as 
     subsections (c) through (h), respectively;
       (2) by inserting after subsection (a) the following:
       ``(b) Improving the Determination of Improper Payments.--
       ``(1) In general.--The Director of the Office of Management 
     and Budget shall on an annual basis--
       ``(A) identify a list of high-priority Federal programs for 
     greater levels of oversight and review--
       ``(i) in which the highest dollar value or highest rate of 
     improper payments occur; or
       ``(ii) for which there is a higher risk of improper 
     payments; and
       ``(B) in coordination with the agency responsible for 
     administering the high-priority program, establish annual 
     targets and semi-annual or quarterly actions for reducing 
     improper payments associated with each high-priority program.
       ``(2) Report on high-priority improper payments.--
       ``(A) In general.--Subject to Federal privacy policies and 
     to the extent permitted by law, each agency with a program 
     identified under paragraph (1)(A) on an annual basis shall 
     submit to the Inspector General of that agency, and make 
     available to the public (including availability through the 
     Internet), a report on that program.
       ``(B) Contents.--Each report under this paragraph--
       ``(i) shall describe--

       ``(I) any action the agency--

       ``(aa) has taken or plans to take to recover improper 
     payments; and
       ``(bb) intends to take to prevent future improper payments; 
     and
       ``(ii) shall not include any referrals the agency made or 
     anticipates making to the Department of Justice, or any 
     information provided in connection with such referrals.
       ``(C) Public availability on central website.--The Office 
     of Management and Budget shall make each report submitted 
     under this paragraph available on a central website.
       ``(D) Availability of information to inspector general.--
     Subparagraph (B)(ii) shall not prohibit any referral or 
     information being made available to an Inspector General as 
     otherwise provided by law.
       ``(E) Assessment and recommendations.--The Inspector 
     General of each agency that submits a report under this 
     paragraph shall, for each program of the agency that is 
     identified under paragraph (1)(A)--
       ``(i) review--

       ``(I) the assessment of the level of risk associated with 
     the program, and the quality of the improper payment 
     estimates and methodology of the agency relating to the 
     program; and
       ``(II) the oversight or financial controls to identify and 
     prevent improper payments under the program; and

       ``(ii) submit to Congress recommendations, which may be 
     included in another report submitted by the Inspector General 
     to Congress, for modifying any plans of the agency relating 
     to the program, including improvements for improper payments 
     determination and estimation methodology.'';
       (3) in subsection (d) (as redesignated by paragraph (1) of 
     this subsection), by striking ``subsection (b)'' each place 
     that term appears and inserting ``subsection (c)'';
       (4) in subsection (e) (as redesignated by paragraph (1) of 
     this subsection), by striking ``subsection (b)'' and 
     inserting ``subsection (c)''; and
       (5) in subsection (g)(3) (as redesignated by paragraph (1) 
     of this subsection), by inserting ``or a Federal employee'' 
     after ``non-Federal person or entity''.
       (b) Improved Estimates.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall provide guidance to agencies for 
     improving the estimates of improper payments under the 
     Improper Payments Information Act of 2002 (31 U.S.C. 3321 
     note).
       (2) Guidance.--Guidance under this subsection shall--
       (A) strengthen the estimation process of agencies by 
     setting standards for agencies to follow in determining the 
     underlying validity of sampled payments to ensure amounts 
     being billed are proper; and
       (B) instruct agencies to give the persons or entities 
     performing improper payments estimates access to all 
     necessary payment data, including access to relevant 
     documentation;
       (C) explicitly bar agencies from relying on self-reporting 
     by the recipients of agency payments as the sole source basis 
     for improper payments estimates;
       (D) require agencies to include all identified improper 
     payments in the reported estimate, regardless of whether the 
     improper payment in question has been or is being recovered;
       (E) include payments to employees, including salary, 
     locality pay, travel pay, purchase card use, and other 
     employee payments, as subject to risk assessment and, where 
     appropriate, improper payment estimation; and
       (F) require agencies to tailor their corrective actions for 
     the high-priority programs identified under section 
     2(b)(1)(A) of the Improper Payments Information Act of 2002 
     (31 U.S.C. 3321 note) to better reflect the unique processes, 
     procedures, and risks involved in each specific program.
       (c) Technical and Conforming Amendments.--The Improper 
     Payments Elimination and Recovery Act of 2010 (Public Law 
     111-204; 124 Stat. 2224) is amended--

[[Page S5892]]

       (1) in section 2(h)(1) (31 U.S.C. 3321 note), by striking 
     ``section 2(f)'' and all that follows and inserting ``section 
     2(g) of the Improper Payments Information Act of 2002 (31 
     U.S.C. 3321 note).''; and
       (2) in section 3(a) (31 U.S.C. 3321 note)--
       (A) in paragraph (1), by striking ``section 2(f)'' and all 
     that follows and inserting ``section 2(g) of the Improper 
     Payments Information Act of 2002 (31 U.S.C. 3321 note).''; 
     and
       (B) in paragraph (3)--
       (i) by striking ``section 2(b)'' each place it appears and 
     inserting ``section 2(c)''; and
       (ii) by striking ``section 2(c)'' each place it appears and 
     inserting ``section 2(d)''.

     SEC. 4. IMPROPER PAYMENTS INFORMATION.

       Section 2(a)(3)(A)(ii) of the Improper Payments Information 
     Act of 2002 (31 U.S.C. 3321 note) is amended by striking 
     ``with respect to fiscal years following September 30th of a 
     fiscal year beginning before fiscal year 2013 as determined 
     by the Office of Management and Budget'' and inserting ``with 
     respect to fiscal year 2014 and each fiscal year 
     thereafter''.

     SEC. 5. DO NOT PAY INITIATIVE.

       (a) Prepayment and Preaward Procedures.--
       (1) In general.--Each agency shall review prepayment and 
     preaward procedures and ensure that a thorough review of 
     available databases with relevant information on eligibility 
     occurs to determine program or award eligibility and prevent 
     improper payments before the release of any Federal funds.
       (2) Databases.--At a minimum and before issuing any payment 
     and award, each agency shall review as appropriate the 
     following databases to verify eligibility of the payment and 
     award:
       (A) The Death Master File of the Social Security 
     Administration.
       (B) The General Services Administration's Excluded Parties 
     List System.
       (C) The Debt Check Database of the Department of the 
     Treasury.
       (D) The Credit Alert System or Credit Alert Interactive 
     Voice Response System of the Department of Housing and Urban 
     Development.
       (E) The List of Excluded Individuals/Entities of the Office 
     of Inspector General of the Department of Health and Human 
     Services.
       (b) Do Not Pay Initiative.--
       (1) Establishment.--There is established the Do Not Pay 
     Initiative which shall include--
       (A) use of the databases described under subsection (a)(2); 
     and
       (B) use of other databases designated by the Director of 
     the Office of Management and Budget in consultation with 
     agencies and in accordance with paragraph (2).
       (2) Other databases.--In making designations of other 
     databases under paragraph (1)(B), the Director of the Office 
     of Management and Budget shall--
       (A) consider any database that substantially assists in 
     preventing improper payments; and
       (B) provide public notice and an opportunity for comment 
     before designating a database under paragraph (1)(B).
       (3) Access and review by agencies.--For purposes of 
     identifying and preventing improper payments, each agency 
     shall have access to, and use of, the Do Not Pay Initiative 
     to verify payment or award eligibility in accordance with 
     subsection (a) when the Director of the Office of Management 
     and Budget determines the Do Not Pay Initiative is 
     appropriately established for the agency.
       (4) Payment otherwise required.--When using the Do Not Pay 
     Initiative, an agency shall recognize that there may be 
     circumstances under which the law requires a payment or award 
     to be made to a recipient, regardless of whether that 
     recipient is identified as potentially ineligible under the 
     Do Not Pay Initiative.
       (5) Annual report.--The Director of the Office of 
     Management and Budget shall submit to Congress an annual 
     report, which may be included as part of another report 
     submitted to Congress by the Director, regarding the 
     operation of the Do Not Pay Initiative, which shall--
       (A) include an evaluation of whether the Do Not Pay 
     Initiative has reduced improper payments or improper awards; 
     and
       (B) provide the frequency of corrections or identification 
     of incorrect information.
       (c) Database Integration Plan.--Not later than 60 days 
     after the date of enactment of this Act, the Director of the 
     Office of Management and Budget shall provide to the Congress 
     a plan for--
       (1) inclusion of other databases on the Do Not Pay 
     Initiative;
       (2) to the extent permitted by law, agency access to the Do 
     Not Pay Initiative; and
       (3) the multilateral data use agreements described under 
     subsection (e).
       (d) Initial Working System.--
       (1) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the Director of the Office of 
     Management and Budget shall establish a working system for 
     prepayment and preaward review that includes the Do Not Pay 
     Initiative as described under this section.
       (2) Working system.--The working system established under 
     paragraph (1)--
       (A) may be located within an appropriate agency;
       (B) shall include not less than 3 agencies as users of the 
     system; and
       (C) shall include investigation activities for fraud and 
     systemic improper payments detection through analytic 
     technologies and other techniques, which may include 
     commercial database use or access.
       (3) Application to all agencies.--Not later than June 1, 
     2013, each agency shall review all payments and awards for 
     all programs of that agency through the system established 
     under this subsection.
       (e) Facilitating Data Access by Federal Agencies and 
     Offices of Inspectors General for Purposes of Program 
     Integrity.--
       (1) Definition.--In this subsection, the term ``Inspector 
     General'' means an Inspector General described in 
     subparagraph (A), (B), or (I) of section 11(b)(1) of the 
     Inspector General Act of 1978 (5 U.S.C. App.).
       (2) Computer matching by federal agencies for purposes of 
     investigation and prevention of improper payments and 
     fraud.--
       (A) In general.--Except as provided in this paragraph, in 
     accordance with section 552a of title 5, United States Code 
     (commonly known as the Privacy Act of 1974), each Inspector 
     General and the head of each agency may enter into computer 
     matching agreements that allow ongoing data matching (which 
     shall include automated data matching) in order to assist in 
     the detection and prevention of improper payments.
       (B) Review.--Not later than 60 days after a proposal for an 
     agreement under subparagraph (A) has been presented to a Data 
     Integrity Board established under section 552a(u) of title 5, 
     United States Code, for consideration, the Data Integrity 
     Board shall respond to the proposal.
       (C) Termination date.--An agreement under subparagraph 
     (A)--
       (i) shall have a termination date of less than 3 years; and
       (ii) during the 3-month period ending on the date on which 
     the agreement is scheduled to terminate, may be renewed by 
     the agencies entering the agreement for not more than 3 
     years.
       (D) Multiple agencies.--For purposes of this paragraph, 
     section 552a(o)(1) of title 5, United States Code, shall be 
     applied by substituting ``between the source agency and the 
     recipient agency or non-Federal agency or an agreement 
     governing multiple agencies'' for ``between the source agency 
     and the recipient agency or non-Federal agency'' in the 
     matter preceding subparagraph (A).
       (E) Cost-benefit analysis.--A justification under section 
     552a(o)(1)(B) of title 5, United States Code, relating to an 
     agreement under subparagraph (A) is not required to contain a 
     specific estimate of any savings under the computer matching 
     agreement.
       (F) Guidance by the office of management and budget.--Not 
     later than 6 months after the date of enactment of this Act, 
     and in consultation with the Council of Inspectors General on 
     Integrity and Efficiency, the Secretary of Health and Human 
     Services, the Commissioner of Social Security, and the head 
     of any other relevant agency, the Director of the Office of 
     Management and Budget shall--
       (i) issue guidance for agencies regarding implementing this 
     paragraph, which shall include standards for--

       (I) reimbursement of costs, when necessary, between 
     agencies;
       (II) retention and timely destruction of records in 
     accordance with section 552a(o)(1)(F) of title 5, United 
     States Code;
       (III) prohibiting duplication and redisclosure of records 
     in accordance with section 552a(o)(1)(H) of title 5, United 
     States Code;

       (ii) review the procedures of the Data Integrity Boards 
     established under section 552a(u) of title 5, United States 
     Code, and develop new guidance for the Data Integrity Boards 
     to--

       (I) improve the effectiveness and responsiveness of the 
     Data Integrity Boards; and
       (II) ensure privacy protections in accordance with section 
     552a of title 5, United States Code (commonly known as the 
     Privacy Act of 1974); and
       (III) establish standard matching agreements for use when 
     appropriate; and

       (iii) establish and clarify rules regarding what 
     constitutes making an agreement entered under subparagraph 
     (A) available upon request to the public for purposes of 
     section 552a(o)(2)(A)(ii) of title 5, United States Code, 
     which shall include requiring publication of the agreement on 
     a public website.
       (G) Corrections.--The Director of the Office of Management 
     and Budget shall establish procedures providing for the 
     correction of data in order to ensure--
       (i) compliance with section 552a(p) of title 5, United 
     States Code; and
       (ii) that corrections are made in any Do Not Pay Initiative 
     database and in any relevant source databases designated by 
     the Director of the Office of Management and Budget under 
     subsection (b)(1).
       (H) Compliance.--The head of each agency, in consultation 
     with the Inspector General of the agency, shall ensure that 
     any information provided to an individual or entity under 
     this subsection is provided in accordance with protocols 
     established under this subsection.
       (I) Rule of construction.--Nothing in this subsection shall 
     be construed to affect the rights of an individual under 
     section 552a(p) of title 5, United States Code.
       (f) Development and Access to a Database of Incarcerated 
     Individuals.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General shall submit to 
     Congress recommendations for increasing the use of, access 
     to, and the technical feasibility of using data on the 
     Federal,

[[Page S5893]]

     State, and local conviction and incarceration status of 
     individuals for purposes of identifying and preventing 
     improper payments by Federal agencies and programs and fraud.
       (g) Plan To Curb Federal Improper Payments to Deceased 
     Individuals by Improving the Quality and Use by Federal 
     Agencies of the Social Security Administration Death Master 
     File.--
       (1) Establishment.--In conjunction with the Commissioner of 
     Social Security and in consultation with relevant 
     stakeholders that have an interest in or responsibility for 
     providing the data, and the States, the Director of the 
     Office of Management and Budget shall establish a plan for 
     improving the quality, accuracy, and timeliness of death data 
     maintained by the Social Security Administration, including 
     death information reported to the Commissioner under section 
     205(r) of the Social Security Act (42 U.S.C. 405(r)).
       (2) Additional actions under plan.--The plan established 
     under this subsection shall include recommended actions by 
     agencies to--
       (A) increase the quality and frequency of access to the 
     Death Master File and other death data;
       (B) achieve a goal of at least daily access as appropriate;
       (C) provide for all States and other data providers to use 
     improved and electronic means for providing data;
       (D) identify improved methods by agencies for determining 
     ineligible payments due to the death of a recipient through 
     proactive verification means; and
       (E) address improper payments made by agencies to deceased 
     individuals as part of Federal retirement programs.
       (3) Report.--Not later than 120 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall submit a report to Congress on 
     the plan established under this subsection, including 
     recommended legislation.

     SEC. 6. IMPROVING RECOVERY OF IMPROPER PAYMENTS.

       (a) Definition.--In this section, the term ``recovery 
     audit'' means a recovery audit described under section 2(h) 
     of the Improper Payments Elimination and Recovery Act of 
     2010.
       (b) Review.--The Director of the Office of Management and 
     Budget shall determine--
       (1) current and historical rates and amounts of recovery of 
     improper payments (or, in cases in which improper payments 
     are identified solely on the basis of a sample, recovery 
     rates and amounts estimated on the basis of the applicable 
     sample), including a list of agency recovery audit contract 
     programs and specific information of amounts and payments 
     recovered by recovery audit contractors; and
       (2) targets for recovering improper payments, including 
     specific information on amounts and payments recovered by 
     recovery audit contractors.

                          ____________________