[Congressional Record Volume 161, Number 153 (Tuesday, October 20, 2015)]
[Senate]
[Pages S7353-S7365]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2716. Mr. BURR (for himself and Mrs. Feinstein) proposed an
amendment to the bill S. 754, to improve cybersecurity in the United
States through enhanced sharing of information about cybersecurity
threats, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Table of contents.
TITLE I--CYBERSECURITY INFORMATION SHARING
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Sharing of information by the Federal Government.
Sec. 104. Authorizations for preventing, detecting, analyzing, and
mitigating cybersecurity threats.
Sec. 105. Sharing of cyber threat indicators and defensive measures
with the Federal Government.
Sec. 106. Protection from liability.
Sec. 107. Oversight of Government activities.
Sec. 108. Construction and preemption.
Sec. 109. Report on cybersecurity threats.
Sec. 110. Conforming amendment.
TITLE II--FEDERAL CYBERSECURITY ENHANCEMENT
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Improved Federal network security.
Sec. 204. Advanced internal defenses.
Sec. 205. Federal cybersecurity requirements.
Sec. 206. Assessment; reports.
Sec. 207. Termination.
Sec. 208. Identification of information systems relating to national
security.
Sec. 209. Direction to agencies.
TITLE III--FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. National cybersecurity workforce measurement initiative.
Sec. 304. Identification of cyber-related roles of critical need.
Sec. 305. Government Accountability Office status reports.
TITLE IV--OTHER CYBER MATTERS
Sec. 401. Study on mobile device security.
Sec. 402. Department of State international cyberspace policy strategy.
Sec. 403. Apprehension and prosecution of international cyber
criminals.
Sec. 404. Enhancement of emergency services.
Sec. 405. Improving cybersecurity in the health care industry.
Sec. 406. Federal computer security.
Sec. 407. Strategy to protect critical infrastructure at greatest risk.
TITLE I--CYBERSECURITY INFORMATION SHARING
SEC. 101. SHORT TITLE.
This title may be cited as the ``Cybersecurity Information
Sharing Act of 2015''.
SEC. 102. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(2) Antitrust laws.--The term ``antitrust laws''--
(A) has the meaning given the term in section 1 of the
Clayton Act (15 U.S.C. 12);
(B) includes section 5 of the Federal Trade Commission Act
(15 U.S.C. 45) to the extent that section 5 of that Act
applies to unfair methods of competition; and
(C) includes any State law that has the same intent and
effect as the laws under subparagraphs (A) and (B).
(3) Appropriate federal entities.--The term ``appropriate
Federal entities'' means the following:
(A) The Department of Commerce.
(B) The Department of Defense.
(C) The Department of Energy.
(D) The Department of Homeland Security.
(E) The Department of Justice.
(F) The Department of the Treasury.
(G) The Office of the Director of National Intelligence.
(4) Cybersecurity purpose.--The term ``cybersecurity
purpose'' means the purpose of protecting an information
system or information that is stored on, processed by, or
transiting an information system from a cybersecurity threat
or security vulnerability.
(5) Cybersecurity threat.--
(A) In general.--Except as provided in subparagraph (B),
the term ``cybersecurity threat'' means an action, not
protected by the First Amendment to the Constitution of the
United States, on or through an information system that may
result in an unauthorized effort to adversely impact the
security, availability, confidentiality, or integrity of an
information system or information that is stored on,
processed by, or transiting an information system.
(B) Exclusion.--The term ``cybersecurity threat'' does not
include any action that solely involves a violation of a
consumer term of service or a consumer licensing agreement.
(6) Cyber threat indicator.--The term ``cyber threat
indicator'' means information that is necessary to describe
or identify--
(A) malicious reconnaissance, including anomalous patterns
of communications that appear to be transmitted for the
purpose of gathering technical information related to a
cybersecurity threat or security vulnerability;
(B) a method of defeating a security control or
exploitation of a security vulnerability;
(C) a security vulnerability, including anomalous activity
that appears to indicate the existence of a security
vulnerability;
(D) a method of causing a user with legitimate access to an
information system or information that is stored on,
processed by, or transiting an information system to
unwittingly enable the defeat of a security control or
exploitation of a security vulnerability;
(E) malicious cyber command and control;
(F) the actual or potential harm caused by an incident,
including a description of the information exfiltrated as a
result of a particular cybersecurity threat;
(G) any other attribute of a cybersecurity threat, if
disclosure of such attribute is not otherwise prohibited by
law; or
(H) any combination thereof.
(7) Defensive measure.--
(A) In general.--Except as provided in subparagraph (B),
the term ``defensive measure'' means an action, device,
procedure, signature, technique, or other measure applied to
an information system or information that is stored on,
processed by, or transiting
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an information system that detects, prevents, or mitigates a
known or suspected cybersecurity threat or security
vulnerability.
(B) Exclusion.--The term ``defensive measure'' does not
include a measure that destroys, renders unusable, provides
unauthorized access to, or substantially harms an information
system or data on an information system not belonging to--
(i) the private entity operating the measure; or
(ii) another entity or Federal entity that is authorized to
provide consent and has provided consent to that private
entity for operation of such measure.
(8) Entity.--
(A) In general.--Except as otherwise provided in this
paragraph, the term ``entity'' means any private entity, non-
Federal government agency or department, or State, tribal, or
local government (including a political subdivision,
department, or component thereof).
(B) Inclusions.--The term ``entity'' includes a government
agency or department of the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, the Northern Mariana Islands, and any other
territory or possession of the United States.
(C) Exclusion.--The term ``entity'' does not include a
foreign power as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
(9) Federal entity.--The term ``Federal entity'' means a
department or agency of the United States or any component of
such department or agency.
(10) Information system.--The term ``information system''--
(A) has the meaning given the term in section 3502 of title
44, United States Code; and
(B) includes industrial control systems, such as
supervisory control and data acquisition systems, distributed
control systems, and programmable logic controllers.
(11) Local government.--The term ``local government'' means
any borough, city, county, parish, town, township, village,
or other political subdivision of a State.
(12) Malicious cyber command and control.--The term
``malicious cyber command and control'' means a method for
unauthorized remote identification of, access to, or use of,
an information system or information that is stored on,
processed by, or transiting an information system.
(13) Malicious reconnaissance.--The term ``malicious
reconnaissance'' means a method for actively probing or
passively monitoring an information system for the purpose of
discerning security vulnerabilities of the information
system, if such method is associated with a known or
suspected cybersecurity threat.
(14) Monitor.--The term ``monitor'' means to acquire,
identify, or scan, or to possess, information that is stored
on, processed by, or transiting an information system.
(15) Private entity.--
(A) In general.--Except as otherwise provided in this
paragraph, the term ``private entity'' means any person or
private group, organization, proprietorship, partnership,
trust, cooperative, corporation, or other commercial or
nonprofit entity, including an officer, employee, or agent
thereof.
(B) Inclusion.--The term ``private entity'' includes a
State, tribal, or local government performing electric or
other utility services.
(C) Exclusion.--The term ``private entity'' does not
include a foreign power as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).
(16) Security control.--The term ``security control'' means
the management, operational, and technical controls used to
protect against an unauthorized effort to adversely affect
the confidentiality, integrity, and availability of an
information system or its information.
(17) Security vulnerability.--The term ``security
vulnerability'' means any attribute of hardware, software,
process, or procedure that could enable or facilitate the
defeat of a security control.
(18) Tribal.--The term ``tribal'' has the meaning given the
term ``Indian tribe'' in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
SEC. 103. SHARING OF INFORMATION BY THE FEDERAL GOVERNMENT.
(a) In General.--Consistent with the protection of
classified information, intelligence sources and methods, and
privacy and civil liberties, the Director of National
Intelligence, the Secretary of Homeland Security, the
Secretary of Defense, and the Attorney General, in
consultation with the heads of the appropriate Federal
entities, shall develop and promulgate procedures to
facilitate and promote--
(1) the timely sharing of classified cyber threat
indicators in the possession of the Federal Government with
cleared representatives of relevant entities;
(2) the timely sharing with relevant entities of cyber
threat indicators or information in the possession of the
Federal Government that may be declassified and shared at an
unclassified level;
(3) the sharing with relevant entities, or the public if
appropriate, of unclassified, including controlled
unclassified, cyber threat indicators in the possession of
the Federal Government;
(4) the sharing with entities, if appropriate, of
information in the possession of the Federal Government about
cybersecurity threats to such entities to prevent or mitigate
adverse effects from such cybersecurity threats; and
(5) the period sharing, through publication and targeted
outreach, of cybersecurity best practices that are developed
based on ongoing analysis of cyber threat indicators and
information in possession of the Federal Government, with
attention to accessibility and implementation challenges
faced by small business concerns (as defined in section 3 of
the Small Business Act (15 U.S.C. 532)).
(b) Development of Procedures.--
(1) In general.--The procedures developed and promulgated
under subsection (a) shall--
(A) ensure the Federal Government has and maintains the
capability to share cyber threat indicators in real time
consistent with the protection of classified information;
(B) incorporate, to the greatest extent practicable,
existing processes and existing roles and responsibilities of
Federal and non-Federal entities for information sharing by
the Federal Government, including sector specific information
sharing and analysis centers;
(C) include procedures for notifying, in a timely manner,
entities that have received a cyber threat indicator from a
Federal entity under this title that is known or determined
to be in error or in contravention of the requirements of
this title or another provision of Federal law or policy of
such error or contravention;
(D) include requirements for Federal entities sharing cyber
threat indicators or defensive measures to implement and
utilize security controls to protect against unauthorized
access to or acquisition of such cyber threat indicators or
defensive measures;
(E) include procedures that require a Federal entity, prior
to the sharing of a cyber threat indicator--
(i) to review such cyber threat indicator to assess whether
such cyber threat indicator contains any information that
such Federal entity knows at the time of sharing to be
personal information or information that identifies a
specific person not directly related to a cybersecurity
threat and remove such information; or
(ii) to implement and utilize a technical capability
configured to remove any personal information or information
that identifies a specific person not directly related to a
cybersecurity threat; and
(F) include procedures for notifying, in a timely manner,
any United States person whose personal information is known
or determined to have been shared by a Federal entity in
violation of this Act.
(2) Coordination.--In developing the procedures required
under this section, the Director of National Intelligence,
the Secretary of Homeland Security, the Secretary of Defense,
and the Attorney General shall coordinate with appropriate
Federal entities, including the Small Business Administration
and the National Laboratories (as defined in section 2 of the
Energy Policy Act of 2005 (42 U.S.C. 15801)), to ensure that
effective protocols are implemented that will facilitate and
promote the sharing of cyber threat indicators by the Federal
Government in a timely manner.
(c) Submittal to Congress.--Not later than 60 days after
the date of the enactment of this Act, the Director of
National Intelligence, in consultation with the heads of the
appropriate Federal entities, shall submit to Congress the
procedures required by subsection (a).
SEC. 104. AUTHORIZATIONS FOR PREVENTING, DETECTING,
ANALYZING, AND MITIGATING CYBERSECURITY
THREATS.
(a) Authorization for Monitoring.--
(1) In general.--Notwithstanding any other provision of
law, a private entity may, for cybersecurity purposes,
monitor--
(A) an information system of such private entity;
(B) an information system of another entity, upon the
authorization and written consent of such other entity;
(C) an information system of a Federal entity, upon the
authorization and written consent of an authorized
representative of the Federal entity; and
(D) information that is stored on, processed by, or
transiting an information system monitored by the private
entity under this paragraph.
(2) Construction.--Nothing in this subsection shall be
construed--
(A) to authorize the monitoring of an information system,
or the use of any information obtained through such
monitoring, other than as provided in this title; or
(B) to limit otherwise lawful activity.
(b) Authorization for Operation of Defensive Measures.--
(1) In general.--Notwithstanding any other provision of
law, a private entity may, for cybersecurity purposes,
operate a defensive measure that is applied to--
(A) an information system of such private entity in order
to protect the rights or property of the private entity;
(B) an information system of another entity upon written
consent of such entity for operation of such defensive
measure to protect the rights or property of such entity; and
(C) an information system of a Federal entity upon written
consent of an authorized representative of such Federal
entity for operation of such defensive measure to protect the
rights or property of the Federal Government.
(2) Construction.--Nothing in this subsection shall be
construed--
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(A) to authorize the use of a defensive measure other than
as provided in this subsection; or
(B) to limit otherwise lawful activity.
(c) Authorization for Sharing or Receiving Cyber Threat
Indicators or Defensive Measures.--
(1) In general.--Except as provided in paragraph (2) and
notwithstanding any other provision of law, an entity may,
for a cybersecurity purpose and consistent with the
protection of classified information, share with, or receive
from, any other entity or the Federal Government a cyber
threat indicator or defensive measure.
(2) Lawful restriction.--An entity receiving a cyber threat
indicator or defensive measure from another entity or Federal
entity shall comply with otherwise lawful restrictions placed
on the sharing or use of such cyber threat indicator or
defensive measure by the sharing entity or Federal entity.
(3) Construction.--Nothing in this subsection shall be
construed--
(A) to authorize the sharing or receiving of a cyber threat
indicator or defensive measure other than as provided in this
subsection; or
(B) to limit otherwise lawful activity.
(d) Protection and Use of Information.--
(1) Security of information.--An entity monitoring an
information system, operating a defensive measure, or
providing or receiving a cyber threat indicator or defensive
measure under this section shall implement and utilize a
security control to protect against unauthorized access to or
acquisition of such cyber threat indicator or defensive
measure.
(2) Removal of certain personal information.--An entity
sharing a cyber threat indicator pursuant to this title
shall, prior to such sharing--
(A) review such cyber threat indicator to assess whether
such cyber threat indicator contains any information that the
entity knows at the time of sharing to be personal
information or information that identifies a specific person
not directly related to a cybersecurity threat and remove
such information; or
(B) implement and utilize a technical capability configured
to remove any information contained within such indicator
that the entity knows at the time of sharing to be personal
information or information that identifies a specific person
not directly related to a cybersecurity threat.
(3) Use of cyber threat indicators and defensive measures
by entities.--
(A) In general.--Consistent with this title, a cyber threat
indicator or defensive measure shared or received under this
section may, for cybersecurity purposes--
(i) be used by an entity to monitor or operate a defensive
measure that is applied to--
(I) an information system of the entity; or
(II) an information system of another entity or a Federal
entity upon the written consent of that other entity or that
Federal entity; and
(ii) be otherwise used, retained, and further shared by an
entity subject to--
(I) an otherwise lawful restriction placed by the sharing
entity or Federal entity on such cyber threat indicator or
defensive measure; or
(II) an otherwise applicable provision of law.
(B) Construction.--Nothing in this paragraph shall be
construed to authorize the use of a cyber threat indicator or
defensive measure other than as provided in this section.
(4) Use of cyber threat indicators by state, tribal, or
local government.--
(A) Law enforcement use.--
(i) Prior written consent.--Except as provided in clause
(ii), a cyber threat indicator shared with a State, tribal,
or local government under this section may, with the prior
written consent of the entity sharing such indicator, be used
by a State, tribal, or local government for the purpose of
preventing, investigating, or prosecuting any of the offenses
described in section 105(d)(5)(A)(vi).
(ii) Oral consent.--If exigent circumstances prevent
obtaining written consent under clause (i), such consent may
be provided orally with subsequent documentation of the
consent.
(B) Exemption from disclosure.--A cyber threat indicator
shared with a State, tribal, or local government under this
section shall be--
(i) deemed voluntarily shared information; and
(ii) exempt from disclosure under any State, tribal, or
local law requiring disclosure of information or records.
(C) State, tribal, and local regulatory authority.--
(i) In general.--Except as provided in clause (ii), a cyber
threat indicator or defensive measure shared with a State,
tribal, or local government under this title shall not be
directly used by any State, tribal, or local government to
regulate, including an enforcement action, the lawful
activity of any entity, including an activity relating to
monitoring, operating a defensive measure, or sharing of a
cyber threat indicator.
(ii) Regulatory authority specifically relating to
prevention or mitigation of cybersecurity threats.--A cyber
threat indicator or defensive measures shared as described in
clause (i) may, consistent with a State, tribal, or local
government regulatory authority specifically relating to the
prevention or mitigation of cybersecurity threats to
information systems, inform the development or implementation
of a regulation relating to such information systems.
(e) Antitrust Exemption.--
(1) In general.--Except as provided in section 108(e), it
shall not be considered a violation of any provision of
antitrust laws for 2 or more private entities to exchange or
provide a cyber threat indicator, or assistance relating to
the prevention, investigation, or mitigation of a
cybersecurity threat, for cybersecurity purposes under this
title.
(2) Applicability.--Paragraph (1) shall apply only to
information that is exchanged or assistance provided in order
to assist with--
(A) facilitating the prevention, investigation, or
mitigation of a cybersecurity threat to an information system
or information that is stored on, processed by, or transiting
an information system; or
(B) communicating or disclosing a cyber threat indicator to
help prevent, investigate, or mitigate the effect of a
cybersecurity threat to an information system or information
that is stored on, processed by, or transiting an information
system.
(f) No Right or Benefit.--The sharing of a cyber threat
indicator with an entity under this title shall not create a
right or benefit to similar information by such entity or any
other entity.
SEC. 105. SHARING OF CYBER THREAT INDICATORS AND DEFENSIVE
MEASURES WITH THE FEDERAL GOVERNMENT.
(a) Requirement for Policies and Procedures.--
(1) Interim policies and procedures.--Not later than 60
days after the date of the enactment of this Act, the
Attorney General and the Secretary of Homeland Security
shall, in coordination with the heads of the appropriate
Federal entities, develop and submit to Congress interim
policies and procedures relating to the receipt of cyber
threat indicators and defensive measures by the Federal
Government.
(2) Final policies and procedures.--Not later than 180 days
after the date of the enactment of this Act, the Attorney
General and the Secretary of Homeland Security shall, in
coordination with the heads of the appropriate Federal
entities, promulgate final policies and procedures relating
to the receipt of cyber threat indicators and defensive
measures by the Federal Government.
(3) Requirements concerning policies and procedures.--
Consistent with the guidelines required by subsection (b),
the policies and procedures developed and promulgated under
this subsection shall--
(A) ensure that cyber threat indicators shared with the
Federal Government by any entity pursuant to section 104(c)
through the real-time process described in subsection (c) of
this section--
(i) are shared in an automated manner with all of the
appropriate Federal entities;
(ii) are only subject to a delay, modification, or other
action due to controls established for such real-time process
that could impede real-time receipt by all of the appropriate
Federal entities when the delay, modification, or other
action is due to controls--
(I) agreed upon unanimously by all of the heads of the
appropriate Federal entities;
(II) carried out before any of the appropriate Federal
entities retains or uses the cyber threat indicators or
defensive measures; and
(III) uniformly applied such that each of the appropriate
Federal entities is subject to the same delay, modification,
or other action; and
(iii) may be provided to other Federal entities;
(B) ensure that cyber threat indicators shared with the
Federal Government by any entity pursuant to section 104 in a
manner other than the real time process described in
subsection (c) of this section--
(i) are shared as quickly as operationally practicable with
all of the appropriate Federal entities;
(ii) are not subject to any unnecessary delay,
interference, or any other action that could impede receipt
by all of the appropriate Federal entities; and
(iii) may be provided to other Federal entities;
(C) consistent with this title, any other applicable
provisions of law, and the fair information practice
principles set forth in appendix A of the document entitled
``National Strategy for Trusted Identities in Cyberspace''
and published by the President in April, 2011, govern the
retention, use, and dissemination by the Federal Government
of cyber threat indicators shared with the Federal Government
under this title, including the extent, if any, to which such
cyber threat indicators may be used by the Federal
Government; and
(D) ensure there are--
(i) audit capabilities; and
(ii) appropriate sanctions in place for officers,
employees, or agents of a Federal entity who knowingly and
willfully conduct activities under this title in an
unauthorized manner.
(4) Guidelines for entities sharing cyber threat indicators
with federal government.--
(A) In general.--Not later than 60 days after the date of
the enactment of this Act, the Attorney General and the
Secretary of Homeland Security shall develop and make
publicly available guidance to assist entities and promote
sharing of cyber threat indicators with Federal entities
under this title.
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(B) Contents.--The guidelines developed and made publicly
available under subparagraph (A) shall include guidance on
the following:
(i) Identification of types of information that would
qualify as a cyber threat indicator under this title that
would be unlikely to include personal information or
information that identifies a specific person not directly
related to a cyber security threat.
(ii) Identification of types of information protected under
otherwise applicable privacy laws that are unlikely to be
directly related to a cybersecurity threat.
(iii) Such other matters as the Attorney General and the
Secretary of Homeland Security consider appropriate for
entities sharing cyber threat indicators with Federal
entities under this title.
(b) Privacy and Civil Liberties.--
(1) Guidelines of attorney general.--Not later than 60 days
after the date of the enactment of this Act, the Attorney
General shall, in coordination with heads of the appropriate
Federal entities and in consultation with officers designated
under section 1062 of the National Security Intelligence
Reform Act of 2004 (42 U.S.C. 2000ee-1), develop, submit to
Congress, and make available to the public interim guidelines
relating to privacy and civil liberties which shall govern
the receipt, retention, use, and dissemination of cyber
threat indicators by a Federal entity obtained in connection
with activities authorized in this title.
(2) Final guidelines.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Attorney General shall, in
coordination with heads of the appropriate Federal entities
and in consultation with officers designated under section
1062 of the National Security Intelligence Reform Act of 2004
(42 U.S.C. 2000ee-1) and such private entities with industry
expertise as the Attorney General considers relevant,
promulgate final guidelines relating to privacy and civil
liberties which shall govern the receipt, retention, use, and
dissemination of cyber threat indicators by a Federal entity
obtained in connection with activities authorized in this
title.
(B) Periodic review.--The Attorney General shall, in
coordination with heads of the appropriate Federal entities
and in consultation with officers and private entities
described in subparagraph (A), periodically, but not less
frequently than once every two years, review the guidelines
promulgated under subparagraph (A).
(3) Content.--The guidelines required by paragraphs (1) and
(2) shall, consistent with the need to protect information
systems from cybersecurity threats and mitigate cybersecurity
threats--
(A) limit the effect on privacy and civil liberties of
activities by the Federal Government under this title;
(B) limit the receipt, retention, use, and dissemination of
cyber threat indicators containing personal information or
information that identifies specific persons, including by
establishing--
(i) a process for the timely destruction of such
information that is known not to be directly related to uses
authorized under this title; and
(ii) specific limitations on the length of any period in
which a cyber threat indicator may be retained;
(C) include requirements to safeguard cyber threat
indicators containing personal information or information
that identifies specific persons from unauthorized access or
acquisition, including appropriate sanctions for activities
by officers, employees, or agents of the Federal Government
in contravention of such guidelines;
(D) include procedures for notifying entities and Federal
entities if information received pursuant to this section is
known or determined by a Federal entity receiving such
information not to constitute a cyber threat indicator;
(E) protect the confidentiality of cyber threat indicators
containing personal information or information that
identifies specific persons to the greatest extent
practicable and require recipients to be informed that such
indicators may only be used for purposes authorized under
this title; and
(F) include steps that may be needed so that dissemination
of cyber threat indicators is consistent with the protection
of classified and other sensitive national security
information.
(c) Capability and Process Within the Department of
Homeland Security.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, in coordination with the heads of the appropriate
Federal entities, shall develop and implement a capability
and process within the Department of Homeland Security that--
(A) shall accept from any entity in real time cyber threat
indicators and defensive measures, pursuant to this section;
(B) shall, upon submittal of the certification under
paragraph (2) that such capability and process fully and
effectively operates as described in such paragraph, be the
process by which the Federal Government receives cyber threat
indicators and defensive measures under this title that are
shared by a private entity with the Federal Government
through electronic mail or media, an interactive form on an
Internet website, or a real time, automated process between
information systems except--
(i) consistent with section 104, communications between a
Federal entity and a private entity regarding a previously
shared cyber threat indicator to describe the relevant
cybersecurity threat or develop a defensive measure based on
such cyber threat indicator; and
(ii) communications by a regulated entity with such
entity's Federal regulatory authority regarding a
cybersecurity threat;
(C) ensures that all of the appropriate Federal entities
receive in an automated manner such cyber threat indicators
shared through the real-time process within the Department of
Homeland Security;
(D) is in compliance with the policies, procedures, and
guidelines required by this section; and
(E) does not limit or prohibit otherwise lawful disclosures
of communications, records, or other information, including--
(i) reporting of known or suspected criminal activity, by
an entity to any other entity or a Federal entity;
(ii) voluntary or legally compelled participation in a
Federal investigation; and
(iii) providing cyber threat indicators or defensive
measures as part of a statutory or authorized contractual
requirement.
(2) Certification.--Not later than 10 days prior to the
implementation of the capability and process required by
paragraph (1), the Secretary of Homeland Security shall, in
consultation with the heads of the appropriate Federal
entities, certify to Congress whether such capability and
process fully and effectively operates--
(A) as the process by which the Federal Government receives
from any entity a cyber threat indicator or defensive measure
under this title; and
(B) in accordance with the policies, procedures, and
guidelines developed under this section.
(3) Public notice and access.--The Secretary of Homeland
Security shall ensure there is public notice of, and access
to, the capability and process developed and implemented
under paragraph (1) so that--
(A) any entity may share cyber threat indicators and
defensive measures through such process with the Federal
Government; and
(B) all of the appropriate Federal entities receive such
cyber threat indicators and defensive measures in real time
with receipt through the process within the Department of
Homeland Security.
(4) Other federal entities.--The process developed and
implemented under paragraph (1) shall ensure that other
Federal entities receive in a timely manner any cyber threat
indicators and defensive measures shared with the Federal
Government through such process.
(5) Report on development and implementation.--
(A) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to Congress a report on the development and
implementation of the capability and process required by
paragraph (1), including a description of such capability and
process and the public notice of, and access to, such
process.
(B) Classified annex.--The report required by subparagraph
(A) shall be submitted in unclassified form, but may include
a classified annex.
(d) Information Shared With or Provided to the Federal
Government.--
(1) No waiver of privilege or protection.--The provision of
cyber threat indicators and defensive measures to the Federal
Government under this title shall not constitute a waiver of
any applicable privilege or protection provided by law,
including trade secret protection.
(2) Proprietary information.--Consistent with section
104(c)(2), a cyber threat indicator or defensive measure
provided by an entity to the Federal Government under this
title shall be considered the commercial, financial, and
proprietary information of such entity when so designated by
the originating entity or a third party acting in accordance
with the written authorization of the originating entity.
(3) Exemption from disclosure.--Cyber threat indicators and
defensive measures provided to the Federal Government under
this title shall be--
(A) deemed voluntarily shared information and exempt from
disclosure under section 552 of title 5, United States Code,
and any State, tribal, or local law requiring disclosure of
information or records; and
(B) withheld, without discretion, from the public under
section 552(b)(3)(B) of title 5, United States Code, and any
State, tribal, or local provision of law requiring disclosure
of information or records.
(4) Ex parte communications.--The provision of a cyber
threat indicator or defensive measure to the Federal
Government under this title shall not be subject to a rule of
any Federal agency or department or any judicial doctrine
regarding ex parte communications with a decision-making
official.
(5) Disclosure, retention, and use.--
(A) Authorized activities.--Cyber threat indicators and
defensive measures provided to the Federal Government under
this title may be disclosed to, retained by, and used by,
consistent with otherwise applicable provisions of Federal
law, any Federal agency or department, component, officer,
employee, or agent of the Federal Government solely for--
(i) a cybersecurity purpose;
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(ii) the purpose of identifying a cybersecurity threat,
including the source of such cybersecurity threat, or a
security vulnerability;
(iii) the purpose of identifying a cybersecurity threat
involving the use of an information system by a foreign
adversary or terrorist;
(iv) the purpose of responding to, or otherwise preventing
or mitigating, an imminent threat of death, serious bodily
harm, or serious economic harm, including a terrorist act or
a use of a weapon of mass destruction;
(v) the purpose of responding to, or otherwise preventing
or mitigating, a serious threat to a minor, including sexual
exploitation and threats to physical safety; or
(vi) the purpose of preventing, investigating, disrupting,
or prosecuting an offense arising out of a threat described
in clause (iv) or any of the offenses listed in--
(I) sections 1028 through 1030 of title 18, United States
Code (relating to fraud and identity theft);
(II) chapter 37 of such title (relating to espionage and
censorship); and
(III) chapter 90 of such title (relating to protection of
trade secrets).
(B) Prohibited activities.--Cyber threat indicators and
defensive measures provided to the Federal Government under
this title shall not be disclosed to, retained by, or used by
any Federal agency or department for any use not permitted
under subparagraph (A).
(C) Privacy and civil liberties.--Cyber threat indicators
and defensive measures provided to the Federal Government
under this title shall be retained, used, and disseminated by
the Federal Government--
(i) in accordance with the policies, procedures, and
guidelines required by subsections (a) and (b);
(ii) in a manner that protects from unauthorized use or
disclosure any cyber threat indicators that may contain
personal information or information that identifies specific
persons; and
(iii) in a manner that protects the confidentiality of
cyber threat indicators containing personal information or
information that identifies a specific person.
(D) Federal regulatory authority.--
(i) In general.--Except as provided in clause (ii), cyber
threat indicators and defensive measures provided to the
Federal Government under this title shall not be directly
used by any Federal, State, tribal, or local government to
regulate, including an enforcement action, the lawful
activities of any entity, including activities relating to
monitoring, operating defensive measures, or sharing cyber
threat indicators.
(ii) Exceptions.--
(I) Regulatory authority specifically relating to
prevention or mitigation of cybersecurity threats.--Cyber
threat indicators and defensive measures provided to the
Federal Government under this title may, consistent with
Federal or State regulatory authority specifically relating
to the prevention or mitigation of cybersecurity threats to
information systems, inform the development or implementation
of regulations relating to such information systems.
(II) Procedures developed and implemented under this
title.--Clause (i) shall not apply to procedures developed
and implemented under this title.
SEC. 106. PROTECTION FROM LIABILITY.
(a) Monitoring of Information Systems.--No cause of action
shall lie or be maintained in any court against any private
entity, and such action shall be promptly dismissed, for the
monitoring of information systems and information under
section 104(a) that is conducted in accordance with this
title.
(b) Sharing or Receipt of Cyber Threat Indicators.--No
cause of action shall lie or be maintained in any court
against any entity, and such action shall be promptly
dismissed, for the sharing or receipt of cyber threat
indicators or defensive measures under section 104(c) if--
(1) such sharing or receipt is conducted in accordance with
this title; and
(2) in a case in which a cyber threat indicator or
defensive measure is shared with the Federal Government, the
cyber threat indicator or defensive measure is shared in a
manner that is consistent with section 105(c)(1)(B) and the
sharing or receipt, as the case may be, occurs after the
earlier of--
(A) the date on which the interim policies and procedures
are submitted to Congress under section 105(a)(1) and
guidelines are submitted to Congress under section 105(b)(1);
or
(B) the date that is 60 days after the date of the
enactment of this Act.
(c) Construction.--Nothing in this section shall be
construed--
(1) to require dismissal of a cause of action against an
entity that has engaged in gross negligence or willful
misconduct in the course of conducting activities authorized
by this title; or
(2) to undermine or limit the availability of otherwise
applicable common law or statutory defenses.
SEC. 107. OVERSIGHT OF GOVERNMENT ACTIVITIES.
(a) Biennial Report on Implementation.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and not less frequently than once
every 2 years thereafter, the heads of the appropriate
Federal entities shall jointly submit and the Inspector
General of the Department of Homeland Security, the Inspector
General of the Intelligence Community, the Inspector General
of the Department of Justice, the Inspector General of the
Department of Defense, and the Inspector General of the
Department of Energy, in consultation with the Council of
Inspectors General on Financial Oversight, shall jointly
submit to Congress a detailed report concerning the
implementation of this title during--
(A) in the case of the first report submitted under this
paragraph, the most recent 1-year period; and
(B) in the case of any subsequent report submitted under
this paragraph, the most recent 2-year period.
(2) Contents.--Each report submitted under paragraph (1)
shall include, for the period covered by the report, the
following:
(A) An assessment of the sufficiency of the policies,
procedures, and guidelines required by section 105 in
ensuring that cyber threat indicators are shared effectively
and responsibly within the Federal Government.
(B) An evaluation of the effectiveness of real-time
information sharing through the capability and process
developed under section 105(c), including any impediments to
such real-time sharing.
(C) An assessment of the sufficiency of the procedures
developed under section 103 in ensuring that cyber threat
indicators in the possession of the Federal Government are
shared in a timely and adequate manner with appropriate
entities, or, if appropriate, are made publicly available.
(D) An assessment of whether cyber threat indicators have
been properly classified and an accounting of the number of
security clearances authorized by the Federal Government for
the purposes of this title.
(E) A review of the type of cyber threat indicators shared
with the appropriate Federal entities under this title,
including the following:
(i) The number of cyber threat indicators received through
the capability and process developed under section 105(c).
(ii) The number of times that information shared under this
title was used by a Federal entity to prosecute an offense
consistent with section 105(d)(5)(A).
(iii) The degree to which such information may affect the
privacy and civil liberties of specific persons.
(iv) A quantitative and qualitative assessment of the
effect of the sharing of such cyber threat indicators with
the Federal Government on privacy and civil liberties of
specific persons, including the number of notices that were
issued with respect to a failure to remove personal
information or information that identified a specific person
not directly related to a cybersecurity threat in accordance
with the procedures required by section 105(b)(3)(D).
(v) The adequacy of any steps taken by the Federal
Government to reduce such effect.
(F) A review of actions taken by the Federal Government
based on cyber threat indicators shared with the Federal
Government under this title, including the appropriateness of
any subsequent use or dissemination of such cyber threat
indicators by a Federal entity under section 105.
(G) A description of any significant violations of the
requirements of this title by the Federal Government.
(H) A summary of the number and type of entities that
received classified cyber threat indicators from the Federal
Government under this title and an evaluation of the risks
and benefits of sharing such cyber threat indicators.
(3) Recommendations.--Each report submitted under paragraph
(1) may include recommendations for improvements or
modifications to the authorities and processes under this
title.
(4) Form of report.--Each report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(b) Reports on Privacy and Civil Liberties.--
(1) Biennial report from privacy and civil liberties
oversight board.--Not later than 2 years after the date of
the enactment of this Act and not less frequently than once
every 2 years thereafter, the Privacy and Civil Liberties
Oversight Board shall submit to Congress and the President a
report providing--
(A) an assessment of the effect on privacy and civil
liberties by the type of activities carried out under this
title; and
(B) an assessment of the sufficiency of the policies,
procedures, and guidelines established pursuant to section
105 in addressing concerns relating to privacy and civil
liberties.
(2) Biennial report of inspectors general.--
(A) In general.--Not later than 2 years after the date of
the enactment of this Act and not less frequently than once
every 2 years thereafter, the Inspector General of the
Department of Homeland Security, the Inspector General of the
Intelligence Community, the Inspector General of the
Department of Justice, the Inspector General of the
Department of Defense, and the Inspector General of the
Department of Energy shall, in consultation with the Council
of Inspectors General on Financial Oversight, jointly submit
to Congress a report on the receipt, use, and dissemination
of cyber threat indicators and defensive measures that have
been shared with Federal entities under this title.
(B) Contents.--Each report submitted under subparagraph (A)
shall include the following:
(i) A review of the types of cyber threat indicators shared
with Federal entities.
[[Page S7358]]
(ii) A review of the actions taken by Federal entities as a
result of the receipt of such cyber threat indicators.
(iii) A list of Federal entities receiving such cyber
threat indicators.
(iv) A review of the sharing of such cyber threat
indicators among Federal entities to identify inappropriate
barriers to sharing information.
(3) Recommendations.--Each report submitted under this
subsection may include such recommendations as the Privacy
and Civil Liberties Oversight Board, with respect to a report
submitted under paragraph (1), or the Inspectors General
referred to in paragraph (2)(A), with respect to a report
submitted under paragraph (2), may have for improvements or
modifications to the authorities under this title.
(4) Form.--Each report required under this subsection shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 108. CONSTRUCTION AND PREEMPTION.
(a) Otherwise Lawful Disclosures.--Nothing in this title
shall be construed--
(1) to limit or prohibit otherwise lawful disclosures of
communications, records, or other information, including
reporting of known or suspected criminal activity, by an
entity to any other entity or the Federal Government under
this title; or
(2) to limit or prohibit otherwise lawful use of such
disclosures by any Federal entity, even when such otherwise
lawful disclosures duplicate or replicate disclosures made
under this title.
(b) Whistle Blower Protections.--Nothing in this title
shall be construed to prohibit or limit the disclosure of
information protected under section 2302(b)(8) of title 5,
United States Code (governing disclosures of illegality,
waste, fraud, abuse, or public health or safety threats),
section 7211 of title 5, United States Code (governing
disclosures to Congress), section 1034 of title 10, United
States Code (governing disclosure to Congress by members of
the military), section 1104 of the National Security Act of
1947 (50 U.S.C. 3234) (governing disclosure by employees of
elements of the intelligence community), or any similar
provision of Federal or State law.
(c) Protection of Sources and Methods.--Nothing in this
title shall be construed--
(1) as creating any immunity against, or otherwise
affecting, any action brought by the Federal Government, or
any agency or department thereof, to enforce any law,
executive order, or procedure governing the appropriate
handling, disclosure, or use of classified information;
(2) to affect the conduct of authorized law enforcement or
intelligence activities; or
(3) to modify the authority of a department or agency of
the Federal Government to protect classified information and
sources and methods and the national security of the United
States.
(d) Relationship to Other Laws.--Nothing in this title
shall be construed to affect any requirement under any other
provision of law for an entity to provide information to the
Federal Government.
(e) Prohibited Conduct.--Nothing in this title shall be
construed to permit price-fixing, allocating a market between
competitors, monopolizing or attempting to monopolize a
market, boycotting, or exchanges of price or cost
information, customer lists, or information regarding future
competitive planning.
(f) Information Sharing Relationships.--Nothing in this
title shall be construed--
(1) to limit or modify an existing information sharing
relationship;
(2) to prohibit a new information sharing relationship;
(3) to require a new information sharing relationship
between any entity and another entity or a Federal entity; or
(4) to require the use of the capability and process within
the Department of Homeland Security developed under section
105(c).
(g) Preservation of Contractual Obligations and Rights.--
Nothing in this title shall be construed--
(1) to amend, repeal, or supersede any current or future
contractual agreement, terms of service agreement, or other
contractual relationship between any entities, or between any
entity and a Federal entity; or
(2) to abrogate trade secret or intellectual property
rights of any entity or Federal entity.
(h) Anti-tasking Restriction.--Nothing in this title shall
be construed to permit a Federal entity--
(1) to require an entity to provide information to a
Federal entity or another entity;
(2) to condition the sharing of cyber threat indicators
with an entity on such entity's provision of cyber threat
indicators to a Federal entity or another entity; or
(3) to condition the award of any Federal grant, contract,
or purchase on the provision of a cyber threat indicator to a
Federal entity or another entity.
(i) No Liability for Non-participation.--Nothing in this
title shall be construed to subject any entity to liability
for choosing not to engage in the voluntary activities
authorized in this title.
(j) Use and Retention of Information.--Nothing in this
title shall be construed to authorize, or to modify any
existing authority of, a department or agency of the Federal
Government to retain or use any information shared under this
title for any use other than permitted in this title.
(k) Federal Preemption.--
(1) In general.--This title supersedes any statute or other
provision of law of a State or political subdivision of a
State that restricts or otherwise expressly regulates an
activity authorized under this title.
(2) State law enforcement.--Nothing in this title shall be
construed to supersede any statute or other provision of law
of a State or political subdivision of a State concerning the
use of authorized law enforcement practices and procedures.
(l) Regulatory Authority.--Nothing in this title shall be
construed--
(1) to authorize the promulgation of any regulations not
specifically authorized by this title;
(2) to establish or limit any regulatory authority not
specifically established or limited under this title; or
(3) to authorize regulatory actions that would duplicate or
conflict with regulatory requirements, mandatory standards,
or related processes under another provision of Federal law.
(m) Authority of Secretary of Defense to Respond to Cyber
Attacks.--Nothing in this title shall be construed to limit
the authority of the Secretary of Defense to develop,
prepare, coordinate, or, when authorized by the President to
do so, conduct a military cyber operation in response to a
malicious cyber activity carried out against the United
States or a United States person by a foreign government or
an organization sponsored by a foreign government or a
terrorist organization.
SEC. 109. REPORT ON CYBERSECURITY THREATS.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the heads of other
appropriate elements of the intelligence community, shall
submit to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the
House of Representatives a report on cybersecurity threats,
including cyber attacks, theft, and data breaches.
(b) Contents.--The report required by subsection (a) shall
include the following:
(1) An assessment of the current intelligence sharing and
cooperation relationships of the United States with other
countries regarding cybersecurity threats, including cyber
attacks, theft, and data breaches, directed against the
United States and which threaten the United States national
security interests and economy and intellectual property,
specifically identifying the relative utility of such
relationships, which elements of the intelligence community
participate in such relationships, and whether and how such
relationships could be improved.
(2) A list and an assessment of the countries and nonstate
actors that are the primary threats of carrying out a
cybersecurity threat, including a cyber attack, theft, or
data breach, against the United States and which threaten the
United States national security, economy, and intellectual
property.
(3) A description of the extent to which the capabilities
of the United States Government to respond to or prevent
cybersecurity threats, including cyber attacks, theft, or
data breaches, directed against the United States private
sector are degraded by a delay in the prompt notification by
private entities of such threats or cyber attacks, theft, and
breaches.
(4) An assessment of additional technologies or
capabilities that would enhance the ability of the United
States to prevent and to respond to cybersecurity threats,
including cyber attacks, theft, and data breaches.
(5) An assessment of any technologies or practices utilized
by the private sector that could be rapidly fielded to assist
the intelligence community in preventing and responding to
cybersecurity threats.
(c) Additional Report.--At the time the report required by
subsection (a) is submitted, the Director of National
Intelligence shall submit to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives a report containing the
information required by subsection (b)(2).
(d) Form of Report.--The report required by subsection (a)
shall be made available in classified and unclassified forms.
(e) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given that
term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
SEC. 110. CONFORMING AMENDMENT.
Section 941(c)(3) of the National Defense Authorization Act
for Fiscal Year 2013 (Public Law 112-239; 10 U.S.C. 2224
note) is amended by inserting at the end the following: ``The
Secretary may share such information with other Federal
entities if such information consists of cyber threat
indicators and defensive measures and such information is
shared consistent with the policies and procedures
promulgated by the Attorney General and the Secretary of
Homeland Security under section 105 of the Cybersecurity
Information Sharing Act of 2015.''.
TITLE II--FEDERAL CYBERSECURITY ENHANCEMENT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Federal Cybersecurity
Enhancement Act of 2015''.
SEC. 202. DEFINITIONS.
In this title--
(1) the term ``agency'' has the meaning given the term in
section 3502 of title 44, United States Code;
[[Page S7359]]
(2) the term ``agency information system'' has the meaning
given the term in section 228 of the Homeland Security Act of
2002, as added by section 203(a);
(3) the term ``appropriate congressional committees''
means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives;
(4) the terms ``cybersecurity risk'' and ``information
system'' have the meanings given those terms in section 227
of the Homeland Security Act of 2002, as so redesignated by
section 203(a);
(5) the term ``Director'' means the Director of the Office
of Management and Budget;
(6) the term ``intelligence community'' has the meaning
given the term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 3003(4)); and
(7) the term ``Secretary'' means the Secretary of Homeland
Security.
SEC. 203. IMPROVED FEDERAL NETWORK SECURITY.
(a) In General.--Subtitle C of title II of the Homeland
Security Act of 2002 (6 U.S.C. 141 et seq.) is amended--
(1) by redesignating section 228 as section 229;
(2) by redesignating section 227 as subsection (c) of
section 228, as added by paragraph (4), and adjusting the
margins accordingly;
(3) by redesignating the second section designated as
section 226 (relating to the national cybersecurity and
communications integration center) as section 227;
(4) by inserting after section 227, as so redesignated, the
following:
``SEC. 228. CYBERSECURITY PLANS.
``(a) Definitions.--In this section--
``(1) the term `agency information system' means an
information system used or operated by an agency or by
another entity on behalf of an agency;
``(2) the terms `cybersecurity risk' and `information
system' have the meanings given those terms in section 227;
and
``(3) the term `intelligence community' has the meaning
given the term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 3003(4)).
``(b) Intrusion Assessment Plan.--
``(1) Requirement.--The Secretary, in coordination with the
Director of the Office of Management and Budget, shall
develop and implement an intrusion assessment plan to
identify and remove intruders in agency information systems.
``(2) Exception.--The intrusion assessment plan required
under paragraph (1) shall not apply to the Department of
Defense, a national security system, or an element of the
intelligence community.'';
(5) in section 228(c), as so redesignated, by striking
``section 226'' and inserting ``section 227''; and
(6) by inserting after section 229, as so redesignated, the
following:
``SEC. 230. FEDERAL INTRUSION DETECTION AND PREVENTION
SYSTEM.
``(a) Definitions.--In this section--
``(1) the term `agency' has the meaning given that term in
section 3502 of title 44, United States Code;
``(2) the term `agency information' means information
collected or maintained by or on behalf of an agency;
``(3) the term `agency information system' has the meaning
given the term in section 228; and
``(4) the terms `cybersecurity risk' and `information
system' have the meanings given those terms in section 227.
``(b) Requirement.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall deploy,
operate, and maintain, to make available for use by any
agency, with or without reimbursement--
``(A) a capability to detect cybersecurity risks in network
traffic transiting or traveling to or from an agency
information system; and
``(B) a capability to prevent network traffic associated
with such cybersecurity risks from transiting or traveling to
or from an agency information system or modify such network
traffic to remove the cybersecurity risk.
``(2) Regular improvement.--The Secretary shall regularly
deploy new technologies and modify existing technologies to
the intrusion detection and prevention capabilities described
in paragraph (1) as appropriate to improve the intrusion
detection and prevention capabilities.
``(c) Activities.--In carrying out subsection (b), the
Secretary--
``(1) may access, and the head of an agency may disclose to
the Secretary or a private entity providing assistance to the
Secretary under paragraph (2), information transiting or
traveling to or from an agency information system, regardless
of the location from which the Secretary or a private entity
providing assistance to the Secretary under paragraph (2)
accesses such information, notwithstanding any other
provision of law that would otherwise restrict or prevent the
head of an agency from disclosing such information to the
Secretary or a private entity providing assistance to the
Secretary under paragraph (2);
``(2) may enter into contracts or other agreements with, or
otherwise request and obtain the assistance of, private
entities to deploy and operate technologies in accordance
with subsection (b);
``(3) may retain, use, and disclose information obtained
through the conduct of activities authorized under this
section only to protect information and information systems
from cybersecurity risks;
``(4) shall regularly assess through operational test and
evaluation in real world or simulated environments available
advanced protective technologies to improve detection and
prevention capabilities, including commercial and non-
commercial technologies and detection technologies beyond
signature-based detection, and utilize such technologies when
appropriate;
``(5) shall establish a pilot to acquire, test, and deploy,
as rapidly as possible, technologies described in paragraph
(4);
``(6) shall periodically update the privacy impact
assessment required under section 208(b) of the E-Government
Act of 2002 (44 U.S.C. 3501 note); and
``(7) shall ensure that--
``(A) activities carried out under this section are
reasonably necessary for the purpose of protecting agency
information and agency information systems from a
cybersecurity risk;
``(B) information accessed by the Secretary will be
retained no longer than reasonably necessary for the purpose
of protecting agency information and agency information
systems from a cybersecurity risk;
``(C) notice has been provided to users of an agency
information system concerning access to communications of
users of the agency information system for the purpose of
protecting agency information and the agency information
system; and
``(D) the activities are implemented pursuant to policies
and procedures governing the operation of the intrusion
detection and prevention capabilities.
``(d) Private Entities.--
``(1) Conditions.--A private entity described in subsection
(c)(2) may not--
``(A) disclose any network traffic transiting or traveling
to or from an agency information system to any entity without
the consent of the Department or the agency that disclosed
the information under subsection (c)(1); or
``(B) use any network traffic transiting or traveling to or
from an agency information system to which the private entity
gains access in accordance with this section for any purpose
other than to protect agency information and agency
information systems against cybersecurity risks or to
administer a contract or other agreement entered into
pursuant to subsection (c)(2) or as part of another contract
with the Secretary.
``(2) Limitation on liability.--No cause of action shall
lie in any court against a private entity for assistance
provided to the Secretary in accordance with this section and
any contract or agreement entered into pursuant to subsection
(c)(2).
``(3) Rule of construction.--Nothing in paragraph (2) shall
be construed to authorize an Internet service provider to
break a user agreement with a customer without the consent of
the customer.
``(e) Attorney General Review.--Not later than 1 year after
the date of enactment of this section, the Attorney General
shall review the policies and guidelines for the program
carried out under this section to ensure that the policies
and guidelines are consistent with applicable law governing
the acquisition, interception, retention, use, and disclosure
of communications.''.
(b) Prioritizing Advanced Security Tools.--The Director and
the Secretary, in consultation with appropriate agencies,
shall--
(1) review and update governmentwide policies and programs
to ensure appropriate prioritization and use of network
security monitoring tools within agency networks; and
(2) brief appropriate congressional committees on such
prioritization and use.
(c) Agency Responsibilities.--
(1) In general.--Except as provided in paragraph (2)--
(A) not later than 1 year after the date of enactment of
this Act or 2 months after the date on which the Secretary
makes available the intrusion detection and prevention
capabilities under section 230(b)(1) of the Homeland Security
Act of 2002, as added by subsection (a), whichever is later,
the head of each agency shall apply and continue to utilize
the capabilities to all information traveling between an
agency information system and any information system other
than an agency information system; and
(B) not later than 6 months after the date on which the
Secretary makes available improvements to the intrusion
detection and prevention capabilities pursuant to section
230(b)(2) of the Homeland Security Act of 2002, as added by
subsection (a), the head of each agency shall apply and
continue to utilize the improved intrusion detection and
prevention capabilities.
(2) Exception.--The requirements under paragraph (1) shall
not apply to the Department of Defense, a national security
system, or an element of the intelligence community.
(3) Definition.--Notwithstanding section 202, in this
subsection, the term ``agency information system'' means an
information system owned or operated by an agency.
(4) Rule of construction.--Nothing in this subsection shall
be construed to limit an agency from applying the intrusion
detection and prevention capabilities under section 230(b)(1)
of the Homeland Security Act
[[Page S7360]]
of 2002, as added by subsection (a), at the discretion of the
head of the agency or as provided in relevant policies,
directives, and guidelines.
(d) Table of Contents Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C.
101 note) is amended by striking the items relating to the
first section designated as section 226, the second section
designated as section 226 (relating to the national
cybersecurity and communications integration center), section
227, and section 228 and inserting the following:
``Sec. 226. Cybersecurity recruitment and retention.
``Sec. 227. National cybersecurity and communications integration
center.
``Sec. 228. Cybersecurity plans.
``Sec. 229. Clearances.
``Sec. 230. Federal intrusion detection and prevention system.''.
SEC. 204. ADVANCED INTERNAL DEFENSES.
(a) Advanced Network Security Tools.--
(1) In general.--The Secretary shall include in the
Continuous Diagnostics and Mitigation Program advanced
network security tools to improve visibility of network
activity, including through the use of commercial and free or
open source tools, to detect and mitigate intrusions and
anomalous activity.
(2) Development of plan.--The Director shall develop and
implement a plan to ensure that each agency utilizes advanced
network security tools, including those described in
paragraph (1), to detect and mitigate intrusions and
anomalous activity.
(b) Improved Metrics.--The Secretary, in collaboration with
the Director, shall review and update the metrics used to
measure security under section 3554 of title 44, United
States Code, to include measures of intrusion and incident
detection and response times.
(c) Transparency and Accountability.--The Director, in
consultation with the Secretary, shall increase transparency
to the public on agency cybersecurity posture, including by
increasing the number of metrics available on Federal
Government performance websites and, to the greatest extent
practicable, displaying metrics for department components,
small agencies, and micro agencies.
(d) Maintenance of Technologies.--Section 3553(b)(6)(B) of
title 44, United States Code, is amended by inserting ``,
operating, and maintaining'' after ``deploying''.
(e) Exception.--The requirements under this section shall
not apply to the Department of Defense, a national security
system, or an element of the intelligence community.
SEC. 205. FEDERAL CYBERSECURITY REQUIREMENTS.
(a) Implementation of Federal Cybersecurity Standards.--
Consistent with section 3553 of title 44, United States Code,
the Secretary, in consultation with the Director, shall
exercise the authority to issue binding operational
directives to assist the Director in ensuring timely agency
adoption of and compliance with policies and standards
promulgated under section 11331 of title 40, United States
Code, for securing agency information systems.
(b) Cybersecurity Requirements at Agencies.--
(1) In general.--Consistent with policies, standards,
guidelines, and directives on information security under
subchapter II of chapter 35 of title 44, United States Code,
and the standards and guidelines promulgated under section
11331 of title 40, United States Code, and except as provided
in paragraph (2), not later than 1 year after the date of the
enactment of this Act, the head of each agency shall--
(A) identify sensitive and mission critical data stored by
the agency consistent with the inventory required under the
first subsection (c) (relating to the inventory of major
information systems) and the second subsection (c) (relating
to the inventory of information systems) of section 3505 of
title 44, United States Code;
(B) assess access controls to the data described in
subparagraph (A), the need for readily accessible storage of
the data, and individuals' need to access the data;
(C) encrypt or otherwise render indecipherable to
unauthorized users the data described in subparagraph (A)
that is stored on or transiting agency information systems;
(D) implement a single sign-on trusted identity platform
for individuals accessing each public website of the agency
that requires user authentication, as developed by the
Administrator of General Services in collaboration with the
Secretary; and
(E) implement identity management consistent with section
504 of the Cybersecurity Enhancement Act of 2014 (Public Law
113-274; 15 U.S.C. 7464), including multi-factor
authentication, for--
(i) remote access to an agency information system; and
(ii) each user account with elevated privileges on an
agency information system.
(2) Exception.--The requirements under paragraph (1) shall
not apply to an agency information system for which--
(A) the head of the agency has personally certified to the
Director with particularity that--
(i) operational requirements articulated in the
certification and related to the agency information system
would make it excessively burdensome to implement the
cybersecurity requirement;
(ii) the cybersecurity requirement is not necessary to
secure the agency information system or agency information
stored on or transiting it; and
(iii) the agency has all taken necessary steps to secure
the agency information system and agency information stored
on or transiting it; and
(B) the head of the agency or the designee of the head of
the agency has submitted the certification described in
subparagraph (A) to the appropriate congressional committees
and the agency's authorizing committees.
(3) Construction.--Nothing in this section shall be
construed to alter the authority of the Secretary, the
Director, or the Director of the National Institute of
Standards and Technology in implementing subchapter II of
chapter 35 of title 44, United States Code. Nothing in this
section shall be construed to affect the National Institute
of Standards and Technology standards process or the
requirement under section 3553(a)(4) of such title or to
discourage continued improvements and advancements in the
technology, standards, policies, and guidelines used to
promote Federal information security.
(c) Exception.--The requirements under this section shall
not apply to the Department of Defense, a national security
system, or an element of the intelligence community.
SEC. 206. ASSESSMENT; REPORTS.
(a) Definitions.--In this section--
(1) the term ``intrusion assessments'' means actions taken
under the intrusion assessment plan to identify and remove
intruders in agency information systems;
(2) the term ``intrusion assessment plan'' means the plan
required under section 228(b)(1) of the Homeland Security Act
of 2002, as added by section 203(a) of this Act; and
(3) the term ``intrusion detection and prevention
capabilities'' means the capabilities required under section
230(b) of the Homeland Security Act of 2002, as added by
section 203(a) of this Act.
(b) Third Party Assessment.--Not later than 3 years after
the date of enactment of this Act, the Government
Accountability Office shall conduct a study and publish a
report on the effectiveness of the approach and strategy of
the Federal Government to securing agency information
systems, including the intrusion detection and prevention
capabilities and the intrusion assessment plan.
(c) Reports to Congress.--
(1) Intrusion detection and prevention capabilities.--
(A) Secretary of homeland security report.--Not later than
6 months after the date of enactment of this Act, and
annually thereafter, the Secretary shall submit to the
appropriate congressional committees a report on the status
of implementation of the intrusion detection and prevention
capabilities, including--
(i) a description of privacy controls;
(ii) a description of the technologies and capabilities
utilized to detect cybersecurity risks in network traffic,
including the extent to which those technologies and
capabilities include existing commercial and non-commercial
technologies;
(iii) a description of the technologies and capabilities
utilized to prevent network traffic associated with
cybersecurity risks from transiting or traveling to or from
agency information systems, including the extent to which
those technologies and capabilities include existing
commercial and non-commercial technologies;
(iv) a list of the types of indicators or other identifiers
or techniques used to detect cybersecurity risks in network
traffic transiting or traveling to or from agency information
systems on each iteration of the intrusion detection and
prevention capabilities and the number of each such type of
indicator, identifier, and technique;
(v) the number of instances in which the intrusion
detection and prevention capabilities detected a
cybersecurity risk in network traffic transiting or traveling
to or from agency information systems and the number of times
the intrusion detection and prevention capabilities blocked
network traffic associated with cybersecurity risk; and
(vi) a description of the pilot established under section
230(c)(5) of the Homeland Security Act of 2002, as added by
section 203(a) of this Act, including the number of new
technologies tested and the number of participating agencies.
(B) OMB report.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the Director
shall submit to Congress, as part of the report required
under section 3553(c) of title 44, United States Code, an
analysis of agency application of the intrusion detection and
prevention capabilities, including--
(i) a list of each agency and the degree to which each
agency has applied the intrusion detection and prevention
capabilities to an agency information system; and
(ii) a list by agency of--
(I) the number of instances in which the intrusion
detection and prevention capabilities detected a
cybersecurity risk in network traffic transiting or traveling
to or from an agency information system and the types of
indicators, identifiers, and techniques used to detect such
cybersecurity risks; and
(II) the number of instances in which the intrusion
detection and prevention capabilities prevented network
traffic associated with a cybersecurity risk from transiting
or traveling to or from an agency information
[[Page S7361]]
system and the types of indicators, identifiers, and
techniques used to detect such agency information systems.
(2) OMB report on development and implementation of
intrusion assessment plan, advanced internal defenses, and
federal cybersecurity best practices.--The Director shall--
(A) not later than 6 months after the date of enactment of
this Act, and 30 days after any update thereto, submit the
intrusion assessment plan to the appropriate congressional
committees;
(B) not later than 1 year after the date of enactment of
this Act, and annually thereafter, submit to Congress, as
part of the report required under section 3553(c) of title
44, United States Code--
(i) a description of the implementation of the intrusion
assessment plan;
(ii) the findings of the intrusion assessments conducted
pursuant to the intrusion assessment plan;
(iii) advanced network security tools included in the
Continuous Diagnostics and Mitigation Program pursuant to
section 204(a)(1);
(iv) the results of the assessment of the Secretary of best
practices for Federal cybersecurity pursuant to section
205(a); and
(v) a list by agency of compliance with the requirements of
section 205(b); and
(C) not later than 1 year after the date of enactment of
this Act, submit to the appropriate congressional
committees--
(i) a copy of the plan developed pursuant to section
204(a)(2); and
(ii) the improved metrics developed pursuant to section
204(b).
SEC. 207. TERMINATION.
(a) In General.--The authority provided under section 230
of the Homeland Security Act of 2002, as added by section
203(a) of this Act, and the reporting requirements under
section 206(c) shall terminate on the date that is 7 years
after the date of enactment of this Act.
(b) Rule of Construction.--Nothing in subsection (a) shall
be construed to affect the limitation of liability of a
private entity for assistance provided to the Secretary under
section 230(d)(2) of the Homeland Security Act of 2002, as
added by section 203(a) of this Act, if such assistance was
rendered before the termination date under subsection (a) or
otherwise during a period in which the assistance was
authorized.
SEC. 208. IDENTIFICATION OF INFORMATION SYSTEMS RELATING TO
NATIONAL SECURITY.
(a) In General.--Except as provided in subsection (c), not
later than 180 days after the date of enactment of this Act--
(1) the Director of National Intelligence, in coordination
with the heads of other agencies, shall--
(A) identify all unclassified information systems that
provide access to information that may provide an adversary
with the ability to derive information that would otherwise
be considered classified;
(B) assess the risks that would result from the breach of
each unclassified information system identified in
subparagraph (A); and
(C) assess the cost and impact on the mission carried out
by each agency that owns an unclassified information system
identified in subparagraph (A) if the system were to be
subsequently designated as a national security system, as
defined in section 11103 of title 40, United States Code; and
(2) the Director of National Intelligence shall submit to
the appropriate congressional committees, the Select
Committee on Intelligence of the Senate, and the Permanent
Select Committee on Intelligence of the House of
Representatives a report that includes the findings under
paragraph (1).
(b) Form.--The report submitted under subsection (a)(2)
shall be in unclassified form, and shall include a classified
annex.
(c) Exception.--The requirements under subsection (a)(1)
shall not apply to the Department of Defense, a national
security system, or an element of the intelligence community.
SEC. 209. DIRECTION TO AGENCIES.
(a) In General.--Section 3553 of title 44, United States
Code, is amended by adding at the end the following:
``(h) Direction to Agencies.--
``(1) Authority.--
``(A) In general.--Subject to subparagraph (B), in response
to a known or reasonably suspected information security
threat, vulnerability, or incident that represents a
substantial threat to the information security of an agency,
the Secretary may issue an emergency directive to the head of
an agency to take any lawful action with respect to the
operation of the information system, including such systems
owned or operated by another entity on behalf of an agency,
that collects, processes, stores, transmits, disseminates, or
otherwise maintains agency information, for the purpose of
protecting the information system from, or mitigating, an
information security threat.
``(B) Exception.--The authorities of the Secretary under
this subsection shall not apply to a system described
subsection (d) or to a system described in paragraph (2) or
(3) of subsection (e).
``(2) Procedures for use of authority.--The Secretary
shall--
``(A) in coordination with the Director, establish
procedures governing the circumstances under which a
directive may be issued under this subsection, which shall
include--
``(i) thresholds and other criteria;
``(ii) privacy and civil liberties protections; and
``(iii) providing notice to potentially affected third
parties;
``(B) specify the reasons for the required action and the
duration of the directive;
``(C) minimize the impact of a directive under this
subsection by--
``(i) adopting the least intrusive means possible under the
circumstances to secure the agency information systems; and
``(ii) limiting directives to the shortest period
practicable;
``(D) notify the Director and the head of any affected
agency immediately upon the issuance of a directive under
this subsection;
``(E) consult with the Director of the National Institute
of Standards and Technology regarding any directive under
this subsection that implements standards and guidelines
developed by the National Institute of Standards and
Technology;
``(F) ensure that directives issued under this subsection
do not conflict with the standards and guidelines issued
under section 11331 of title 40;
``(G) consider any applicable standards or guidelines
developed by the National Institute of Standards and issued
by the Secretary of Commerce under section 11331 of title 40;
and
``(H) not later than February 1 of each year, submit to the
appropriate congressional committees a report regarding the
specific actions the Secretary has taken pursuant to
paragraph (1)(A).
``(3) Imminent threats.--
``(A) In general.--Notwithstanding section 3554, 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 for the purpose of ensuring the
security of the information or information system or other
agency information systems, if--
``(i) the Secretary determines there is an imminent threat
to agency information systems;
``(ii) the Secretary determines a directive under
subsection (b)(2)(C) or paragraph (1)(A) is not reasonably
likely to result in a timely response to the threat;
``(iii) the Secretary determines the risk posed by the
imminent threat outweighs any adverse consequences reasonably
expected to result from the use of protective capabilities
under the control of the Secretary;
``(iv) the Secretary provides prior notice to the Director,
and the head and chief information officer (or equivalent
official) of each agency to which specific actions will be
taken pursuant to subparagraph (A), and notifies the
appropriate congressional committees and authorizing
committees of each such agencies within seven days of taking
an action under this subsection of--
``(I) any action taken under this subsection; and
``(II) the reasons for and duration and nature of the
action;
``(v) the action of the Secretary is consistent with
applicable law; and
``(vi) the Secretary authorizes the use of protective
capabilities in accordance with the advance procedures
established under subparagraph (C).
``(B) Limitation on delegation.--The authority under this
subsection may not be delegated by the Secretary.
``(C) Advance procedures.--The Secretary shall, in
coordination with the Director, and in consultation with the
heads of Federal agencies, establish procedures governing the
circumstances under which the Secretary may authorize the use
of protective capabilities subparagraph (A). The Secretary
shall submit the procedures to Congress.
``(4) Limitation.--The Secretary may direct or authorize
lawful action or protective capability under this subsection
only to--
``(A) protect agency information from unauthorized access,
use, disclosure, disruption, modification, or destruction; or
``(B) require the remediation of or protect against
identified information security risks with respect to--
``(i) information collected or maintained by or on behalf
of an agency; or
``(ii) that portion of an information system used or
operated by an agency or by a contractor of an agency or
other organization on behalf of an agency.
``(i) Annual Report to Congress.--Not later than February 1
of each year, the Director shall submit to the appropriate
congressional committees a report regarding the specific
actions the Director has taken pursuant to subsection (a)(5),
including any actions taken pursuant to section 11303(b)(5)
of title 40.
``(j) Appropriate Congressional Committees Defined.--In
this section, the term `appropriate congressional committees'
means--
``(1) the Committee on Appropriations and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
``(2) the Committee on Appropriations, the Committee on
Homeland Security, the Committee on Oversight and Government
Reform, and the Committee on Science, Space, and Technology
of the House of Representatives.''.
(b) Conforming Amendment.--Section 3554(a)(1)(B) of title
44, United States Code, is amended--
(1) in clause (iii), by striking ``and'' at the end; and
(2) by adding at the end the following:
``(v) emergency directives issued by the Secretary under
section 3553(h); and''.
[[Page S7362]]
TITLE III--FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Federal Cybersecurity
Workforce Assessment Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Select Committee on Intelligence of the Senate;
(D) the Committee on Armed Services in the House of
Representatives;
(E) the Committee on Homeland Security of the House of
Representatives;
(F) the Committee on Oversight and Government Reform of the
House of Representatives; and
(G) the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) Director.--The term ``Director'' means the Director of
the Office of Personnel Management.
(3) Roles.--The term ``roles'' has the meaning given the
term in the National Initiative for Cybersecurity Education's
Cybersecurity Workforce Framework.
SEC. 303. NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT
INITIATIVE.
(a) In General.--The head of each Federal agency shall--
(1) identify all positions within the agency that require
the performance of cybersecurity or other cyber-related
functions; and
(2) assign the corresponding employment code, which shall
be added to the National Initiative for Cybersecurity
Education's National Cybersecurity Workforce Framework, in
accordance with subsection (b).
(b) Employment Codes.--
(1) Procedures.--
(A) Coding structure.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Commerce,
acting through the National Institute of Standards and
Technology, shall update the National Initiative for
Cybersecurity Education's Cybersecurity Workforce Framework
to include a corresponding coding structure.
(B) Identification of civilian cyber personnel.--Not later
than 9 months after the date of enactment of this Act, the
Director, in coordination with the Director of National
Intelligence, shall establish procedures to implement the
National Initiative for Cybersecurity Education's coding
structure to identify all Federal civilian positions that
require the performance of information technology,
cybersecurity, or other cyber-related functions.
(C) Identification of noncivilian cyber personnel.--Not
later than 18 months after the date of enactment of this Act,
the Secretary of Defense shall establish procedures to
implement the National Initiative for Cybersecurity
Education's coding structure to identify all Federal
noncivilian positions that require the performance of
information technology, cybersecurity, or other cyber-related
functions.
(D) Baseline assessment of existing cybersecurity
workforce.--Not later than 3 months after the date on which
the procedures are developed under subparagraphs (B) and (C),
respectively, the head of each Federal agency shall submit to
the appropriate congressional committees of jurisdiction a
report that identifies--
(i) the percentage of personnel with information
technology, cybersecurity, or other cyber-related job
functions who currently hold the appropriate industry-
recognized certifications as identified in the National
Initiative for Cybersecurity Education's Cybersecurity
Workforce Framework;
(ii) the level of preparedness of other civilian and non-
civilian cyber personnel without existing credentials to take
certification exams; and
(iii) a strategy for mitigating any gaps identified in
clause (i) or (ii) with the appropriate training and
certification for existing personnel.
(E) Procedures for assigning codes.--Not later than 3
months after the date on which the procedures are developed
under subparagraphs (B) and (C), respectively, the head of
each Federal agency shall establish procedures--
(i) to identify all encumbered and vacant positions with
information technology, cybersecurity, or other cyber-related
functions (as defined in the National Initiative for
Cybersecurity Education's coding structure); and
(ii) to assign the appropriate employment code to each such
position, using agreed standards and definitions.
(2) Code assignments.--Not later than 1 year after the date
after the procedures are established under paragraph (1)(E),
the head of each Federal agency shall complete assignment of
the appropriate employment code to each position within the
agency with information technology, cybersecurity, or other
cyber-related functions.
(c) Progress Report.--Not later than 180 days after the
date of enactment of this Act, the Director shall submit a
progress report on the implementation of this section to the
appropriate congressional committees.
SEC. 304. IDENTIFICATION OF CYBER-RELATED ROLES OF CRITICAL
NEED.
(a) In General.--Beginning not later than 1 year after the
date on which the employment codes are assigned to employees
pursuant to section 203(b)(2), and annually through 2022, the
head of each Federal agency, in consultation with the
Director and the Secretary of Homeland Security, shall--
(1) identify information technology, cybersecurity, or
other cyber-related roles of critical need in the agency's
workforce; and
(2) submit a report to the Director that--
(A) describes the information technology, cybersecurity, or
other cyber-related roles identified under paragraph (1); and
(B) substantiates the critical need designations.
(b) Guidance.--The Director shall provide Federal agencies
with timely guidance for identifying information technology,
cybersecurity, or other cyber-related roles of critical need,
including--
(1) current information technology, cybersecurity, and
other cyber-related roles with acute skill shortages; and
(2) information technology, cybersecurity, or other cyber-
related roles with emerging skill shortages.
(c) Cybersecurity Needs Report.--Not later than 2 years
after the date of the enactment of this Act, the Director, in
consultation with the Secretary of Homeland Security, shall--
(1) identify critical needs for information technology,
cybersecurity, or other cyber-related workforce across all
Federal agencies; and
(2) submit a progress report on the implementation of this
section to the appropriate congressional committees.
SEC. 305. GOVERNMENT ACCOUNTABILITY OFFICE STATUS REPORTS.
The Comptroller General of the United States shall--
(1) analyze and monitor the implementation of sections 203
and 204; and
(2) not later than 3 years after the date of the enactment
of this Act, submit a report to the appropriate congressional
committees that describes the status of such implementation.
TITLE IV--OTHER CYBER MATTERS
SEC. 401. STUDY ON MOBILE DEVICE SECURITY.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Homeland Security
shall--
(1) complete a study on threats relating to the security of
the mobile devices of the Federal Government; and
(2) submit an unclassified report to Congress, with a
classified annex if necessary, that contains the findings of
such study, the recommendations developed under paragraph (3)
of subsection (b), the deficiencies, if any, identified under
(4) of such subsection, and the plan developed under
paragraph (5) of such subsection.
(b) Matters Studied.--In carrying out the study under
subsection (a)(1), the Secretary shall--
(1) assess the evolution of mobile security techniques from
a desktop-centric approach, and whether such techniques are
adequate to meet current mobile security challenges;
(2) assess the effect such threats may have on the
cybersecurity of the information systems and networks of the
Federal Government (except for national security systems or
the information systems and networks of the Department of
Defense and the intelligence community);
(3) develop recommendations for addressing such threats
based on industry standards and best practices;
(4) identify any deficiencies in the current authorities of
the Secretary that may inhibit the ability of the Secretary
to address mobile device security throughout the Federal
Government (except for national security systems and the
information systems and networks of the Department of Defense
and intelligence community); and
(5) develop a plan for accelerated adoption of secure
mobile device technology by the Department of Homeland
Security.
(c) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given such
term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
SEC. 402. DEPARTMENT OF STATE INTERNATIONAL CYBERSPACE POLICY
STRATEGY.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
produce a comprehensive strategy relating to United States
international policy with regard to cyberspace.
(b) Elements.--The strategy required by subsection (a)
shall include the following:
(1) A review of actions and activities undertaken by the
Secretary of State to date to support the goal of the
President's International Strategy for Cyberspace, released
in May 2011, to ``work internationally to promote an open,
interoperable, secure, and reliable information and
communications infrastructure that supports international
trade and commerce, strengthens international security, and
fosters free expression and innovation.''.
(2) A plan of action to guide the diplomacy of the
Secretary of State, with regard to foreign countries,
including conducting bilateral and multilateral activities to
develop the norms of responsible international behavior in
cyberspace, and status review of existing discussions in
multilateral fora to obtain agreements on international norms
in cyberspace.
(3) A review of the alternative concepts with regard to
international norms in cyberspace offered by foreign
countries that are prominent actors, including China, Russia,
Brazil, and India.
[[Page S7363]]
(4) A detailed description of threats to United States
national security in cyberspace from foreign countries,
state-sponsored actors, and private actors to Federal and
private sector infrastructure of the United States,
intellectual property in the United States, and the privacy
of citizens of the United States.
(5) A review of policy tools available to the President to
deter foreign countries, state-sponsored actors, and private
actors, including those outlined in Executive Order 13694,
released on April 1, 2015.
(6) A review of resources required by the Secretary,
including the Office of the Coordinator for Cyber Issues, to
conduct activities to build responsible norms of
international cyber behavior.
(c) Consultation.--In preparing the strategy required by
subsection (a), the Secretary of State shall consult, as
appropriate, with other agencies and departments of the
United States and the private sector and nongovernmental
organizations in the United States with recognized
credentials and expertise in foreign policy, national
security, and cybersecurity.
(d) Form of Strategy.--The strategy required by subsection
(a) shall be in unclassified form, but may include a
classified annex.
(e) Availability of Information.--The Secretary of State
shall--
(1) make the strategy required in subsection (a) available
the public; and
(2) brief the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives on the strategy, including any material
contained in a classified annex.
SEC. 403. APPREHENSION AND PROSECUTION OF INTERNATIONAL CYBER
CRIMINALS.
(a) International Cyber Criminal Defined.--In this section,
the term ``international cyber criminal'' means an
individual--
(1) who is believed to have committed a cybercrime or
intellectual property crime against the interests of the
United States or the citizens of the United States; and
(2) for whom--
(A) an arrest warrant has been issued by a judge in the
United States; or
(B) an international wanted notice (commonly referred to as
a ``Red Notice'') has been circulated by Interpol.
(b) Consultations for Noncooperation.--The Secretary of
State, or designee, shall consult with the appropriate
government official of each country from which extradition is
not likely, due to the lack of an extradition treaty with the
United States or other reasons, in which one or more
international cyber criminals are physically present to
determine what actions the government of such country has
taken--
(1) to apprehend and prosecute such criminals; and
(2) to prevent such criminals from carrying out cybercrimes
or intellectual property crimes against the interests of the
United States or its citizens.
(c) Annual Report.--
(1) In general.--The Secretary of State shall submit to the
appropriate congressional committees an annual report that
includes--
(A) the number of international cyber criminals located in
other countries, disaggregated by country, and indicating
from which countries extradition is not likely due to the
lack of an extradition treaty with the United States or other
reasons;
(B) the nature and number of significant discussions by an
official of the Department of State on ways to thwart or
prosecute international cyber criminals with an official of
another country, including the name of each such country; and
(C) for each international cyber criminal who was
extradited to the United States during the most recently
completed calendar year--
(i) his or her name;
(ii) the crimes for which he or she was charged;
(iii) his or her previous country of residence; and
(iv) the country from which he or she was extradited into
the United States.
(2) Form.--The report required by this subsection shall be
in unclassified form to the maximum extent possible, but may
include a classified annex.
(3) Appropriate congressional committees.--For purposes of
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Homeland Security and
Governmental Affairs, the Committee on Banking, Housing, and
Urban Affairs, the Select Committee on Intelligence, and the
Committee on the Judiciary of the Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Homeland Security, the
Committee on Financial Services, the Permanent Select
Committee on Intelligence, and the Committee on the Judiciary
of the House of Representatives.
SEC. 404. ENHANCEMENT OF EMERGENCY SERVICES.
(a) Collection of Data.--Not later than 90 days after the
date of enactment of this Act, the Secretary of Homeland
Security, acting through the National Cybersecurity and
Communications Integration Center, in coordination with
appropriate Federal entities and the Director for Emergency
Communications, shall establish a process by which a
Statewide Interoperability Coordinator may report data on any
cybersecurity risk or incident involving any information
system or network used by emergency response providers (as
defined in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101)) within the State.
(b) Analysis of Data.--Not later than 1 year after the date
of enactment of this Act, the Secretary of Homeland Security,
acting through the Director of the National Cybersecurity and
Communications Integration Center, in coordination with
appropriate entities and the Director for Emergency
Communications, and in consultation with the Director of the
National Institute of Standards and Technology, shall conduct
integration and analysis of the data reported under
subsection (a) to develop information and recommendations on
security and resilience measures for any information system
or network used by State emergency response providers.
(c) Best Practices.--
(1) In general.--Using the results of the integration and
analysis conducted under subsection (b), and any other
relevant information, the Director of the National Institute
of Standards and Technology shall, on an ongoing basis,
facilitate and support the development of methods for
reducing cybersecurity risks to emergency response providers
using the process described in section 2(e) of the National
Institute of Standards and Technology Act (15 U.S.C. 272(e)).
(2) Report.--The Director of the National Institute of
Standards and Technology shall submit a report to Congress on
the methods developed under paragraph (1) and shall make such
report publically available on the website of the National
Institute of Standards and Technology.
(d) Rule of Construction.--Nothing in this section shall be
construed to--
(1) require a State to report data under subsection (a); or
(2) require an entity to--
(A) adopt a recommended measure developed under subsection
(b); or
(B) follow the best practices developed under subsection
(c).
SEC. 405. IMPROVING CYBERSECURITY IN THE HEALTH CARE
INDUSTRY.
(a) Definitions.--In this section:
(1) Business associate.--The term ``business associate''
has the meaning given such term in section 160.103 of title
45, Code of Federal Regulations.
(2) Covered entity.--The term ``covered entity'' has the
meaning given such term in section 160.103 of title 45, Code
of Federal Regulations.
(3) Health care clearinghouse; health care provider; health
plan.--The terms ``health care clearinghouse'', ``health care
provider'', and ``health plan'' have the meanings given the
terms in section 160.103 of title 45, Code of Federal
Regulations.
(4) Health care industry stakeholder.--The term ``health
care industry stakeholder'' means any--
(A) health plan, health care clearinghouse, or health care
provider;
(B) patient advocate;
(C) pharmacist;
(D) developer of health information technology;
(E) laboratory;
(F) pharmaceutical or medical device manufacturer; or
(G) additional stakeholder the Secretary determines
necessary for purposes of subsection (d)(1), (d)(3), or (e).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit, to the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Energy and Commerce of the House
of Representatives, a report on the preparedness of the
health care industry in responding to cybersecurity threats.
(c) Contents of Report.--With respect to the internal
response of the Department of Health and Human Services to
emerging cybersecurity threats, the report shall include--
(1) a clear statement of the official within the Department
of Health and Human Services to be responsible for leading
and coordinating efforts of the Department regarding
cybersecurity threats in the health care industry; and
(2) a plan from each relevant operating division and
subdivision of the Department of Health and Human Services on
how such division or subdivision will address cybersecurity
threats in the health care industry, including a clear
delineation of how each such division or subdivision will
divide responsibility among the personnel of such division or
subdivision and communicate with other such divisions and
subdivisions regarding efforts to address such threats.
(d) Health Care Industry Cybersecurity Task Force.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Secretary, in consultation with
the Secretary of Homeland Security, shall convene health care
industry stakeholders, cybersecurity experts, and any Federal
agencies or entities the Secretary determines appropriate to
establish a task force to--
(A) analyze how industries, other than the health care
industry, have implemented strategies and safeguards for
addressing cybersecurity threats within their respective
industries;
(B) analyze challenges and barriers private entities
(notwithstanding section 2(15)(B),
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excluding any State, tribal, or local government) in the
health care industry face securing themselves against cyber
attacks;
(C) review challenges that covered entities and business
associates face in securing networked medical devices and
other software or systems that connect to an electronic
health record;
(D) provide the Secretary with information to disseminate
to health care industry stakeholders for purposes of
improving their preparedness for, and response to,
cybersecurity threats affecting the health care industry;
(E) establish a plan for creating a single system for the
Federal Government to share information on actionable
intelligence regarding cybersecurity threats to the private
sector in near real time, at no cost to the recipients of
such information, including which Federal agency or other
entity may be best suited to be the central conduit to
facilitate the sharing of such information; and
(F) report to Congress on the findings and recommendations
of the task force regarding carrying out subparagraphs (A)
through (E).
(2) Termination.--The task force established under this
subsection shall terminate on the date that is 1 year after
the date of enactment of this Act.
(3) Dissemination.--Not later than 60 days after the
termination of the task force established under this
subsection, the Secretary shall disseminate the information
described in paragraph (1)(D) to health care industry
stakeholders in accordance with such paragraph.
(e) Cybersecurity Framework.--The Secretary shall
establish, through a collaborative process with the Secretary
of Homeland Security, health care industry stakeholders, the
National Institute of Standards and Technology, and any
Federal agency or entity the Secretary determines
appropriate, a single, voluntary, national health-specific
cybersecurity framework that--
(1) establishes a common set of security practices and
standards that specifically pertain to a range of health care
organizations;
(2) supports voluntary adoption and implementation efforts
to improve safeguards to address cybersecurity threats; and
(3) is consistently updated and applicable to the range of
health care organizations described in paragraph (1).
SEC. 406. FEDERAL COMPUTER SECURITY.
(a) Definitions.--In this section:
(1) Covered system.--The term ``covered system'' shall mean
a national security system as defined in section 11103 of
title 40, United States Code, or a Federal computer system
that provides access to personally identifiable information.
(2) Covered agency.--The term ``covered agency'' means an
agency that operates a covered system.
(3) Logical access control.--The term ``logical access
control'' means a process of granting or denying specific
requests to obtain and use information and related
information processing services.
(4) Multi-factor logical access controls.--The term
``multi-factor logical access controls'' means a set of not
less than 2 of the following logical access controls:
(A) Information that is known to the user, such as a
password or personal identification number.
(B) An access device that is provided to the user, such as
a cryptographic identification device or token.
(C) A unique biometric characteristic of the user.
(5) Privileged user.--The term ``privileged user'' means a
user who, by virtue of function or seniority, has been
allocated powers within a covered system, which are
significantly greater than those available to the majority of
users.
(b) Inspector General Reports on Covered Systems.--
(1) In general.--Not later than 240 days after the date of
enactment of this Act, the Inspector General of each covered
agency shall each submit to each Comptroller General of the
United States and the appropriate committees of jurisdiction
in the Senate and the House of Representatives a report,
which shall include information collected from the covered
agency for the contents described in paragraph (2) regarding
the Federal computer systems of the covered agency.
(2) Contents.--The report submitted by each Inspector
General of a covered agency under paragraph (1) shall
include, with respect to the covered agency, the following:
(A) A description of the logical access standards used by
the covered agency to access a covered system, including--
(i) in aggregate, a list and description of logical access
controls used to access such a covered system; and
(ii) whether the covered agency is using multi-factor
logical access controls to access such a covered system.
(B) A description of the logical access controls used by
the covered agency to govern access to covered systems by
privileged users.
(C) If the covered agency does not use logical access
controls or multi-factor logical access controls to access a
covered system, a description of the reasons for not using
such logical access controls or multi-factor logical access
controls.
(D) A description of the following data security management
practices used by the covered agency:
(i) The policies and procedures followed to conduct
inventories of the software present on the covered systems of
the covered agency and the licenses associated with such
software.
(ii) What capabilities the covered agency utilizes to
monitor and detect exfiltration and other threats,
including--
(I) data loss prevention capabilities; or
(II) digital rights management capabilities.
(iii) A description of how the covered agency is using the
capabilities described in clause (ii).
(iv) If the covered agency is not utilizing capabilities
described in clause (ii), a description of the reasons for
not utilizing such capabilities.
(E) A description of the policies and procedures of the
covered agency with respect to ensuring that entities,
including contractors, that provide services to the covered
agency are implementing the data security management
practices described in subparagraph (D).
(3) Existing review.--The reports required under this
subsection may be based in whole or in part on an audit,
evaluation, or report relating to programs or practices of
the covered agency, and may be submitted as part of another
report, including the report required under section 3555 of
title 44, United States Code.
(4) Classified information.--Reports submitted under this
subsection shall be in unclassified form, but may include a
classified annex.
(c) GAO Economic Analysis and Report on Federal Computer
Systems.--
(1) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report examining, including
an economic analysis of, any impediments to agency use of
effective security software and security devices.
(2) Classified information.--A report submitted under this
subsection shall be in unclassified form, but may include a
classified annex.
SEC. 407. STRATEGY TO PROTECT CRITICAL INFRASTRUCTURE AT
GREATEST RISK.
(a) Definitions.--In this section:
(1) Appropriate agency.--The term ``appropriate agency''
means, with respect to a covered entity--
(A) except as provided in subparagraph (B), the applicable
sector-specific agency; or
(B) in the case of a covered entity that is regulated by a
Federal entity, such Federal entity.
(2) Appropriate agency head.--The term ``appropriate agency
head'' means, with respect to a covered entity, the head of
the appropriate agency.
(3) Covered entity.--The term ``covered entity'' means an
entity identified under subsection (b).
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Select Committee on Intelligence of the Senate;
(B) the Permanent Select Committee on Intelligence of the
House of Representatives;
(C) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(D) the Committee on Homeland Security of the House of
Representatives;
(E) the Committee on Energy and Natural Resources of the
Senate; and
(F) the Committee on Energy and Commerce of the House of
Representatives;
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Department of Homeland Security
(b) Identification of Critical Infrastructure at Greatest
Risk Required.--No later than 60 days after the date of the
enactment of this Act, the Secretary shall identify critical
infrastructure entities where a cybersecurity incident could
reasonably result in catastrophic regional or national
effects on public health or safety, economic security, or
national security.
(c) Status of Existing Cyber Incident Reporting.--
(1) In general.--No later than 120 days after the date of
the enactment of this Act, the Secretary, in conjunction with
the appropriate agency head (as the case may be), shall
submit to the appropriate congressional committees describing
the extent to which each covered entity reports significant
intrusions of information systems essential to the operation
of critical infrastructure to the Department of Homeland
Security or the appropriate agency head in a timely manner.
(2) Form.--The report submitted under paragraph (1) may
include a classified annex.
(d) Mitigation Strategy Required for Critical
Infrastructure at Greatest Risk.--
(1) In general.--No later than 180 days after the date of
the enactment of this Act, the Secretary, in conjunction with
the appropriate agency head (as the case may be), shall
conduct an assessment and develop a strategy that addresses
each of the covered entities, to ensure that, to the greatest
extent feasible, a cyber security incident affecting such
entity would no longer reasonably result in catastrophic
regional or national effects on public health or safety,
economic security, or national security.
(2) Elements.--The strategy submitted by the Secretary with
respect to a covered entity intrusion shall include the
following:
(A) An assessment of whether each entity should be required
to report cyber security incidents.
(B) A description of any identified security gaps that must
be addressed.
(C) Additional statutory authority necessary to reduce the
likelihood that a cyber incident could cause catastrophic
regional or
[[Page S7365]]
national effects on public health or safety, economic
security, or national security.
(3) Submittal.--The Secretary shall submit to the
appropriate congressional committees the assessment and
strategy required by paragraph (1).
(4) Form.--The assessment and strategy submitted under
paragraph (3) may each include a classified annex.
(e) Senate of Congress.--To the extent that the Secretary
proposes to require the reporting of significant cyber
intrusions of any covered entity pursuant to a recommendation
identified in subsection (d) it is the Sense of Congress
that--
(1) the Secretary should ensure that the policies and
procedures established for such reporting incorporate, to the
greatest extent practicable, processes, roles, and
responsibilities of appropriate agencies and entities,
including sector specific information sharing and analysis
centers, that were in effect on the day before the date of
the enactment of this Act;
(2) no cause of action should lie or be maintained in any
court against a covered entity, and such action should be
promptly dismissed for sharing information with the Secretary
or the appropriate agency head for sharing such information;
(3) the Secretary or appropriate agency head, as the case
may be, should, under section 103 and to the greatest extent
practicable, make available to any covered entity submitting
a report such cyber threat indicators as the Secretary or
appropriate agency head considers appropriate; and
(4) the Secretary or the appropriate agency head (as the
case may be) should take such actions as the Secretary or the
appropriate agency head (as the case may be) considers
appropriate to protect from disclosure the identity of the
covered entity.
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