[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5285-S5287]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5811. Mr. PORTMAN (for himself and Mr. Peters) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS.
(a) Technical Amendment Relating to DOTGOV Act of 2020.--
(1) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020
(title IX of division U of Public Law 116-260) is amended, in
the matter preceding subparagraph (A), by striking ``Homeland
Security Act'' and inserting ``Homeland Security Act of
2002''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if enacted as part of the DOTGOV Act of
2020 (title IX of division U of Public Law 116-260).
(b) Consolidation of Definitions.--
(1) In general.--Title XXII of the Homeland Security Act of
2002 (6 U.S.C. 651 et seq.) is amended by inserting before
the subtitle A heading the following:
``SEC. 2200. DEFINITIONS.
``Except as otherwise specifically provided, in this title:
``(1) Agency.--The term `Agency' means the Cybersecurity
and Infrastructure Security Agency.
``(2) Agency information.--The term `agency information'
means information collected or maintained by or on behalf of
an agency.
``(3) Agency information system.--The term `agency
information system' means an information system used or
operated by an agency or by another entity on behalf of an
agency.
``(4) Appropriate congressional committees.--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.
``(5) Critical infrastructure information.--The term
`critical infrastructure information' means information not
customarily in the public domain and related to the security
of critical infrastructure or protected systems--
``(A) actual, potential, or threatened interference with,
attack on, compromise of, or incapacitation of critical
infrastructure or protected systems by either physical or
computer-based attack or other similar conduct (including the
misuse of or unauthorized access to all types of
communications and data transmission systems) that violates
Federal, State, or local law, harms interstate commerce of
the United States, or threatens public health or safety;
``(B) the ability of any critical infrastructure or
protected system to resist such interference, compromise, or
incapacitation, including any planned or past assessment,
projection, or estimate of the vulnerability of
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critical infrastructure or a protected system, including
security testing, risk evaluation thereto, risk management
planning, or risk audit; or
``(C) any planned or past operational problem or solution
regarding critical infrastructure or protected systems,
including repair, recovery, reconstruction, insurance, or
continuity, to the extent it is related to such interference,
compromise, or incapacitation.
``(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) 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.
``(8) Cybersecurity risk.--The term `cybersecurity risk'--
``(A) means threats to and vulnerabilities of information
or information systems and any related consequences caused by
or resulting from unauthorized access, use, disclosure,
degradation, disruption, modification, or destruction of such
information or information systems, including such related
consequences caused by an act of terrorism; and
``(B) does not include any action that solely involves a
violation of a consumer term of service or a consumer
licensing agreement.
``(9) 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.
``(10) 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 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 information stored on, processed by, or transiting
such information system not owned by--
``(i) the 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.
``(11) Director.--The term `Director' means the Director
Cybersecurity and Infrastructure Security Agency
``(12) Homeland security enterprise.--The term `Homeland
Security Enterprise' means relevant governmental and
nongovernmental entities involved in homeland security,
including Federal, State, local, and Tribal government
officials, private sector representatives, academics, and
other policy experts.
``(13) Incident.--The term `incident' means an occurrence
that actually or imminently jeopardizes, without lawful
authority, the integrity, confidentiality, or availability of
information on an information system, or actually or
imminently jeopardizes, without lawful authority, an
information system.
``(14) Information sharing and analysis organization.--The
term `Information Sharing and Analysis Organization' means
any formal or informal entity or collaboration created or
employed by public or private sector organizations, for
purposes of--
``(A) gathering and analyzing critical infrastructure
information, including information related to cybersecurity
risks and incidents, in order to better understand security
problems and interdependencies related to critical
infrastructure, including cybersecurity risks and incidents,
and protected systems, so as to ensure the availability,
integrity, and reliability thereof;
``(B) communicating or disclosing critical infrastructure
information, including cybersecurity risks and incidents, to
help prevent, detect, mitigate, or recover from the effects
of an interference, a compromise, or an incapacitation
problem related to critical infrastructure, including
cybersecurity risks and incidents, or protected systems; and
``(C) voluntarily disseminating critical infrastructure
information, including cybersecurity risks and incidents, to
its members, State, local, and Federal Governments, or any
other entities that may be of assistance in carrying out the
purposes specified in subparagraphs (A) and (B).
``(15) Information system.--The term `information system'
has the meaning given the term in section 3502 of title 44,
United States Code.
``(16) Intelligence community.--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)).
``(17) 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.
``(18) National cybersecurity asset response activities.--
The term `national cybersecurity asset response activities'
means--
``(A) furnishing cybersecurity technical assistance to
entities affected by cybersecurity risks to protect assets,
mitigate vulnerabilities, and reduce impacts of cyber
incidents;
``(B) identifying other entities that may be at risk of an
incident and assessing risk to the same or similar
vulnerabilities;
``(C) assessing potential cybersecurity risks to a sector
or region, including potential cascading effects, and
developing courses of action to mitigate such risks;
``(D) facilitating information sharing and operational
coordination with threat response; and
``(E) providing guidance on how best to utilize Federal
resources and capabilities in a timely, effective manner to
speed recovery from cybersecurity risks.
``(19) National security system.--The term `national
security system' has the meaning given the term in section
11103 of title 40, United States Code.
``(20) Sector risk management agency.--The term `Sector
Risk Management Agency' means a Federal department or agency,
designated by law or Presidential directive, with
responsibility for providing institutional knowledge and
specialized expertise of a sector, as well as leading,
facilitating, or supporting programs and associated
activities of its designated critical infrastructure sector
in the all hazards environment in coordination with the
Department.
``(21) 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.
``(22) 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.
``(23) Sharing.--The term `sharing' (including all
conjugations thereof) means providing, receiving, and
disseminating (including all conjugations of each such
terms).''.
(2) Technical and conforming amendments.--The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) by amending section 2201 (6 U.S.C. 651) to read as
follows:
``SEC. 2201. DEFINITION.
``In this subtitle, the term `Cybersecurity Advisory
Committee' means the advisory committee established under
section 2219(a).'';
(B) in section 2202 (6 U.S.C. 652)--
(i) in subsection (a)(1), by striking ``(in this subtitle
referred to as the Agency)'';
(ii) in subsection (b)(1), by striking ``in this subtitle
referred to as the `Director')''; and
(iii) in subsection (f)--
(I) in paragraph (1), by inserting ``Executive'' before
``Assistant Director''; and
(II) in paragraph (2), by inserting ``Executive'' before
``Assistant Director'';
(C) in section 2209 (6 U.S.C. 659)--
(i) by striking subsection (a);
(ii) by redesignating subsections (b) through subsection
(o) as subsections (a) through (n), respectively;
(iii) in subsection (c)(1), as so redesignated--
(I) in subparagraph (A)(iii), as so redesignated, by
striking ``, as that term is defined under section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4))''; and
(II) in subparagraph (B)(ii), by striking ``information
sharing and analysis organizations'' and inserting
``Information Sharing and Analysis Organizations'';
(iv) in subsection (d), as so redesignated--
(I) in the matter preceding paragraph (1), by striking
``subsection (c)'' and inserting ``subsection (b)''; and
(II) in paragraph (1)(E)(ii)(II), by striking ``information
sharing and analysis organizations'' and inserting
``Information Sharing and Analysis Organizations'';
(v) in subsection (j), as so redesignated, by striking
``subsection (c)(8)'' and inserting ``subsection (b)(8)'';
(vi) by redesignating the first subsections (p) and (q) and
second subsections (p) and (q) as subsections (o) and (p) and
subsections (q) and (r), respectively; and
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(vii) in subsection (o), as so redesignated--
(I) in paragraph (2)(A), by striking ``subsection (c)(12)''
and inserting ``subsection (b)(12)''; and
(II) in paragraph (3)(B)(i), by striking ``subsection
(c)(12)'' and inserting ``subsection (b)(12)'';
(D) in section 2210 (6 U.S.C. 660)--
(i) by striking subsection (a);
(ii) by redesignating subsections (b) through (e) as
subsections (a) through (d), respectively;
(iii) in subsection (b), as so redesignated--
(I) by striking ``information sharing and analysis
organizations (as defined in section 2222(5))'' and inserting
``Information Sharing and Analysis Organizations''; and
(II) by striking ``(as defined in section 2209)''; and
(iv) in subsection (c), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (b)'';
(E) in section 2211 (6 U.S.C. 661), by striking subsection
(h);
(F) in section 2212 (6 U.S.C. 662), by striking
``information sharing and analysis organizations (as defined
in section 2222(5))'' and inserting ``Information Sharing and
Analysis Organizations'';
(G) in section 2213 (6 U.S.C. 663)--
(i) by striking subsection (a);
(ii) by redesignating subsections (b) through (f) as
subsections (a) through (e), respectively;
(iii) in subsection (b), as so redesignated, by striking
``subsection (b)'' each place it appears and inserting
``subsection (a)'';
(iv) in subsection (c), as so redesignated, in the matter
preceding paragraph (1), by striking ``subsection (b)'' and
inserting ``subsection (a)''; and
(v) in subsection (d), as so redesignated--
(I) in paragraph (1)--
(aa) in the matter preceding subparagraph (A), by striking
``subsection (c)(2)'' and inserting ``subsection (b)(2)'';
(bb) in subparagraph (A), by striking ``subsection (c)(1)''
and inserting ``subsection (b)(1)''; and
(cc) in subparagraph (B), by striking ``subsection (c)(2)''
and inserting ``subsection (b)(2)''; and
(II) in paragraph (2), by striking ``subsection (c)(2)''
and inserting ``subsection (b)(2)'';
(H) in section 2216 (6 U.S.C. 665b)--
(i) in subsection (d)(2), by striking ``information sharing
and analysis organizations'' and inserting ``Information
Sharing and Analysis Organizations''; and
(ii) by striking subsection (f) and inserting the
following:
``(f) Cyber Defense Operation Defined.--In this section,
the term `cyber defense operation' means the use of a
defensive measure.'';
(I) in section 2218(c)(4)(A) (6 U.S.C. 665d(4)(A)), by
striking ``information sharing and analysis organizations''
and inserting ``Information Sharing and Analysis
Organizations'';
(J) in section 2220A (6 U.S.C. 665g)--
(i) in subsection (a)--
(I) by striking paragraphs (1), (2), (5), and (6); and
(II) by redesignating paragraphs (3), (4), (7), (8), (9),
(10), (11), and (12) as paragraphs (1) through (8),
respectively;
(ii) in subsection (e)(2)(B)(xiv)(II)(aa), by striking
``information sharing and analysis organization'' and
inserting ``Information Sharing and Analysis Organization'';
(iii) in subsection (p), by striking ``appropriate
committees of Congress'' and inserting ``appropriate
congressional committees''; and
(iv) in subsection (q)(4), in the matter preceding clause
(i), by striking ``appropriate committees of Congress'' and
inserting ``appropriate congressional committees''
(K) in section 2220C(f) (6 U.S.C. 665i(f))--
(i) by striking paragraph (1);
(ii) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(iii) in paragraph (2), as so redesignated, by striking
``(enacted as division N of the Consolidated Appropriations
Act, 2016 (Public Law 114-113; 6 U.S.C. 1501(9))'' and
inserting ``(6 U.S.C. 1501)''; and
(L) in section 2222 (6 U.S.C. 671)--
(i) by striking paragraphs (3), (5), and (8);
(ii) by redesignating paragraph (4) as paragraph (3); and
(iii) by redesignating paragraphs (6) and (7) as paragraphs
(4) and (5), respectively.
(3) Table of contents amendments.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2135) is amended--
(A) by inserting before the item relating to subtitle A of
title XXII the following:
``Sec. 2200. Definitions.'';
(B) by striking the item relating to section 2201 and
insert the following:
``Sec. 2201. Definition.''; and
(C) by moving the item relating to section 2220D to appear
after the item relating to section 2220C.
(4) Cybersecurity act of 2015 definitions.--Section 102 of
the Cybersecurity Act of 2015 (6 U.S.C. 1501) is amended--
(A) by striking paragraphs (4) through (7) and inserting
the following:
``(4) Cybersecurity purpose.--The term `cybersecurity
purpose' has the meaning given the term in section 2200 of
the Homeland Security Act of 2002.
``(5) Cybersecurity threat.--The term `cybersecurity
threat' has the meaning given the term in section 2200 of the
Homeland Security Act of 2002.
``(6) Cyber threat indicator.--The term `cyber threat
indicator' has the meaning given the term in section 2200 of
the Homeland Security Act of 2002.
``(7) Defensive measure.--The term `defensive measure' has
the meaning given the term in section 2200 of the Homeland
Security Act of 2002.'';
(B) by striking paragraph (13) and inserting the following:
``(13) Monitor.-- The term `monitor' has the meaning given
the term in section 2200 of the Homeland Security Act of
2002.''; and
(C) by striking paragraphs (16) and (17) and inserting the
following:
``(16) Security control.--The term `security control' has
the meaning given the term in section 2200 of the Homeland
Security Act of 2002.
``(17) Security vulnerability.--The term `security
vulnerability' has the meaning given the term in section 2200
of the Homeland Security Act of 2002.''.
(c) Additional Technical and Conforming Amendments.--
(1) Federal cybersecurity enhancement act of 2015.--The
Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C. 1521
et seq.) is amended--
(A) in section 222 (6 U.S.C. 1521)--
(i) in paragraph (2), by striking ``section 2210'' and
inserting ``section 2200''; and
(ii) in paragraph (4), by striking ``section 2209'' and
inserting ``section 2200'';
(B) in section 223(b) (6 U.S.C. 151 note), by striking
``section 2213(b)(1)'' each place it appears and inserting
``section 2213(a)(1)'';
(C) in section 226 (6 U.S.C. 1524)--
(i) in subsection (a)--
(I) in paragraph (1), by striking ``section 2213'' and
inserting ``section 2200'';
(II) in paragraph (2), by striking ``section 102'' and
inserting ``section 2200 of the Homeland Security Act of
2002'';
(III) in paragraph (4), by striking ``section 2210(b)(1)''
and inserting ``section 2210(a)(1)''; and
(IV) in paragraph (5), by striking ``section 2213(b)'' and
inserting ``section 2213(a)''; and
(ii) in subsection (c)(1)(A)(vi), by striking ``section
2213(c)(5)'' and inserting ``section 2213(b)(5)''; and
(D) in section 227(b) (6 U.S.C. 1525(b)), by striking
``section 2213(d)(2)'' and inserting ``section 2213(c)(2)''.
(2) Public health service act.--Section 2811(b)(4)(D) of
the Public Health Service Act (42 U.S.C. 300hh-10(b)(4)(D))
is amended by striking ``section 228(c) of the Homeland
Security Act of 2002 (6 U.S.C. 149(c))'' and inserting
``section 2210(b) of the Homeland Security Act of 2002 (6
U.S.C. 660(b))''.
(3) William m. (mac) thornberry national defense
authorization act of fiscal year 2021.--Section 9002 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (6 U.S.C. 652a) is amended--
(A) in subsection (a)--
(i) by striking paragraph (5);
(ii) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively;
(iii) by amending paragraph (7) to read as follows:
``(7) Sector risk management agency.--The term `Sector Risk
Management Agency' has the meaning given the term in section
2200 of the Homeland Security Act of 2002.'';
(B) in subsection (c)(3)(B), by striking ``section
2201(5)'' and inserting ``section 2200''; and
(C) in subsection (d), by striking ``section 2215 of the
Homeland Security Act of 2002, as added by this section'' and
inserting ``section 2218 of the Homeland Security Act of 2002
(6 U.S.C. 665d)''.
(4) National security act of 1947.--Section 113B(b)(4) of
the National Security Act of 1947 (50 U.S.C. 3049a(b)(4)) is
amended by striking section ``226 of the Homeland Security
Act of 2002 (6 U.S.C. 147)'' and inserting ``section 2208 of
the Homeland Security Act of 2002 (6 U.S.C. 658)''.
(5) IoT cybersecurity improvement act of 2020.--Section
5(b)(3) of the IoT Cybersecurity Improvement Act of 2020 (15
U.S.C. 278g-3c(b)(3)) is amended by striking ``section
2209(m) of the Homeland Security Act of 2002 (6 U.S.C.
659(m))'' and inserting ``section 2209(l) of the Homeland
Security Act of 2002 (6 U.S.C. 659(l))''.
(6) Small business act.--Section 21(a)(8)(B) of the Small
Business Act (15 U.S.C. 648(a)(8)(B)) is amended by striking
``section 2209(a)'' and inserting ``section 2200''.
(7) Title 46.--Section 70101(2) of title 46, United States
Code, is amended by striking ``section 227 of the Homeland
Security Act of 2002 (6 U.S.C. 148)'' and inserting ``section
2200 of the Homeland Security Act of 2002''.
______