[Congressional Record Volume 161, Number 154 (Wednesday, October 21, 2015)]
[Senate]
[Pages S7415-S7416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2722. Mr. GARDNER submitted an amendment intended to be proposed
by him to the bill S. 754, to improve cybersecurity in the United
States through enhanced sharing of information about cybersecurity
threats, and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
SEC. ___. BIENNIAL CYBER REVIEW.
(a) Requirement for Review.--Beginning in 2016 and not less
frequently than once every two years thereafter, the
President shall complete a review of the cyber posture of the
United States, including an unclassified summary of roles,
missions, accomplishments, plans, and programs.
[[Page S7416]]
(b) Purposes.--The purposes of each such review are--
(1) to assess the cyber security of the United States;
(2) to determine and express the cyber strategy of the
United States; and
(3) to establish a revised cyber program for the next 2-
year period.
(c) Content.--Each review required by subsection (a) shall
include--
(1) a comprehensive examination of the cyber strategy,
force structure, personnel, modernization plans,
infrastructure, and budget plan of the United States;
(2) an assessment of the ability of the United States to
recover from a cyber emergency;
(3) an assessment of other elements of the cyber program of
the United States;
(4) an assessment of critical national security
infrastructure and data that is vulnerable to cyberattacks
and cybertheft; and
(5) an assessment of international engagement efforts to
establish viable norms of behavior in cyberspace to implement
the 2011 International Strategy for Cyberspace.
(d) Involvement of Cybersecurity Advisory Panel.--
(1) Requirement to inform.--The President shall inform the
Cybersecurity Advisory Panel established or designated under
section ___, on an ongoing basis, of the actions carried out
to conduct each review required by subsection (a).
(2) Assessment prior to completion of review.--Not later
than 1 year prior to the date of completion of each review
required by subsection (a), the Chairman of the Cybersecurity
Advisory Panel shall submit to the President, the assessment
of such Panel of actions carried out to conduct the review as
of the date of the submission, including any recommendations
of the Panel for improvements to the review or for additional
matters to be covered in the review.
(3) Assessment of completed review.--At the time each
review required by subsection (a) is completed and in time to
be included in a report required by subsection (d), the
Chairman of the Cybersecurity Advisory Panel shall submit to
the President, on behalf of the Panel, an assessment of such
review.
(e) Report.--Not later than September 30, 2016, and not
less frequently than once every two years thereafter, the
President shall submit to Congress a comprehensive report on
each review required by subsection (a). Each report shall
include--
(1) the results of the review, including a comprehensive
discussion of the cyber strategy of the United States and the
collaboration between the public and private sectors best
suited to implement that strategy;
(2) a description of the threats examined for purposes of
the review and the scenarios developed in the examination of
such threats;
(3) the assumptions used in the review, including
assumptions relating to the cooperation of other countries
and levels of acceptable risk; and
(4) the assessment of the Cybersecurity Advisory Panel
submitted under subsection (c)(3).
SEC. ___. CYBERSECURITY ADVISORY PANEL.
(a) In General.--The President shall establish or designate
a Cybersecurity Advisory Panel.
(b) Appointment.--The President--
(1) shall appoint as members of the Cybersecurity Advisory
Panel representatives of industry, academic, nonprofit
organizations, interest groups, and advocacy organizations,
and State and local governments who are qualified to provide
advice and information on cybersecurity research,
development, demonstrations, education, personnel, technology
transfer, commercial application, or societal and civil
liberty concerns;
(2) shall appoint a Chairman of the Panel from among the
members of the Panel; and
(3) may seek and give consideration to recommendations for
appointments to the Panel from Congress, industry, the
cybersecurity community, the defense community, State and
local governments, and other appropriate organizations.
(c) Duties.--The Cybersecurity Advisory Panel shall advise
the President on matters relating to the national
cybersecurity program and strategy and shall assess--
(1) trends and developments in cybersecurity science
research and development;
(2) progress made in implementing the strategy;
(3) the need to revise the strategy;
(4) the readiness and capacity of the Federal and national
workforces to implement the national cybersecurity program
and strategy, and the steps necessary to improve workforce
readiness and capacity;
(5) the balance among the components of the national
strategy, including funding for program components;
(6) whether the strategy, priorities, and goals are helping
to maintain United States leadership and defense in
cybersecurity;
(7) the management, coordination, implementation, and
activities of the strategy;
(8) whether the concerns of Federal, State, and local law
enforcement entities are adequately addressed; and
(9) whether societal and civil liberty concerns are
adequately addressed.
(d) Reports.--Not less frequently than once every 4 years,
the Cybersecurity Advisory Panel shall submit to the
President a report on its assessments under subsection (c)
and its recommendations for ways to improve the strategy.
(e) Travel Expenses of Non-Federal Members.--Non-Federal
members of the Cybersecurity Advisory Panel, while attending
meetings of the Panel or while otherwise serving at the
request of the head of the Panel while away from their homes
or regular places of business, may be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code,
for individuals in the Government serving without pay.
Nothing in this subsection shall be construed to prohibit
members of the Panel who are officers or employees of the
United States from being allowed travel expenses, including
per diem in lieu of subsistence, in accordance with law.
(f) Exemption From FACA Sunset.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Cybersecurity Advisory Panel.
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