[Congressional Record (Bound Edition), Volume 161 (2015), Part 10]
[Senate]
[Pages 13502-13503]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2544. Mr. BOOKER (for himself and Mr. Heller) 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:

       On page 32, between lines 20 and 21, insert the following:
       (6) Limitation on receipt of cyber threat indicators.--A 
     Federal entity may not receive a cyber threat indicator that 
     another Federal entity shared through the process developed 
     and implemented under paragraph (1) unless the Inspector 
     General of the receiving Federal entity certifies that the 
     receiving Federal entity meets the data security standard for 
     receiving such a cyber threat indicator, as established by 
     the Secretary of Homeland Security.

       On page 52, strike line 14 and insert the following:

     SEC. 10. REPORT ON REDUCTION OF CYBERSECURITY RISK IN AGENCY 
                   DATA CENTERS.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Homeland Security, in coordination with 
     the Director of the Office of Management and Budget, shall 
     submit to the Committee on Homeland Security and Governmental 
     Affairs of the Senate and the Committee on Homeland Security 
     of the House of Representatives a report on the feasibility 
     of Federal civilian agencies creating an environment for the 
     reduction in cybersecurity risks in agency data centers, 
     including by--
       (1) increasing compartmentalization between systems; and
       (2) providing a mix of security controls between such 
     compartments.

     SEC. 11. CONFORMING AMENDMENT.

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  SA 2545. Ms. COLLINS (for herself, Mr. Kirk, and Ms. Murkowski) 
submitted an amendment intended to be proposed by her to the bill S. 
1881, to prohibit Federal funding of Planned Parenthood Federation of 
America; which was ordered to lie on the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. LIMITATION ON FUNDING.

       (a) In General.--Notwithstanding any other provision of 
     law, no Federal funds shall be made available to any 
     affiliate, subsidiary, successor, or clinic of the Planned 
     Parenthood Federation of America, Inc. if that affiliate, 
     subsidiary, successor, or clinic receives compensation for 
     facilitating the donation of fetal tissue products derived 
     from an abortion.
       (b) Rule of Construction.--Nothing in this Act shall be 
     construed to--
       (1) affect any limitation contained in an appropriations 
     Act relating to abortion; or
       (2) reduce overall Federal funding available in support of 
     women's health.
       (c) Investigation and Report.--Not later than 90 days after 
     the date of enactment of this Act, the Attorney General shall 
     conduct an investigation, and submit to Congress a report on 
     the findings of such investigation, concerning whether or not 
     the Planned Parenthood Federation of America, Inc. or any of 
     its affiliates, subsidiaries, successors, or clinics has 
     engaged in any illegal activity pertaining to fetal tissue 
     products.
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  SA 2546. Ms. COLLINS (for herself, Mr. Warner, Ms. Mikulski, Mr. 
Coats, Ms. Ayotte, and Mrs. McCaskill) submitted an amendment intended 
to be proposed by her 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 end, add the following:

  TITLE II--FEDERAL INFORMATION SECURITY MANAGEMENT REFORM ACT OF 2015

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Federal Information 
     Security Management Reform Act of 2015''.

     SEC. 202. DUTIES OF THE SECRETARY OF HOMELAND SECURITY 
                   RELATED TO INFORMATION SECURITY.

       Section 3553(b)(6) of title 44, United States Code, is 
     amended by striking subparagraphs (B), (C), and (D) and 
     inserting the following:
       ``(B) operating consolidated intrusion detection, 
     prevention, or other protective capabilities and use of 
     associated countermeasures for the purpose of protecting 
     agency information and information systems from information 
     security threats;
       ``(C) providing incident detection, analysis, mitigation, 
     and response information and remote or onsite technical 
     assistance to the head of an agency;
       ``(D) compiling and analyzing data on agency information 
     security;
       ``(E) developing and conducting targeted risk assessments 
     and operational evaluations for agency information and 
     information systems in consultation with the heads of other 
     agencies or governmental and private entities that own and 
     operate such systems, that may include threat, vulnerability, 
     and impact assessments;
       ``(F) in conjunction with other agencies and the private 
     sector, assessing and fostering the development of 
     information security technologies and capabilities for use 
     across multiple agencies; and
       ``(G) coordinating with appropriate agencies and officials 
     to ensure, to the maximum extent feasible, that policies and 
     directives issued under paragraph (2) are complementary 
     with--
       ``(i) standards and guidelines developed for national 
     security systems; and
       ``(ii) policies and directives issued by the Secretary of 
     Defense and the Director of National Intelligence under 
     subsection (e)(1); and''.

     SEC. 203. COMMUNICATIONS AND SYSTEM TRAFFIC AND DIRECTION TO 
                   AGENCIES.

       Section 3553 of title 44, United States Code, is amended by 
     adding at the end the following:
       ``(h) Communications and Systems Traffic.--
       ``(1) In general.--
       ``(A) Acquisition by the secretary.--Notwithstanding any 
     other provision of law and subject to subparagraph (B), in 
     carrying out the responsibilities under subparagraphs (B), 
     (C), and (E) of subsection (b)(6), if the Secretary makes a 
     certification described in paragraph (2), the Secretary may 
     acquire, intercept, retain, use, and disclose communications 
     and other system traffic that are transiting to or from or 
     stored on agency information systems and deploy 
     countermeasures with regard to the communications and system 
     traffic.
       ``(B) Exception.--The authorities of the Secretary under 
     this subsection shall not apply to a communication or other 
     system traffic that is transiting to or from or stored on a 
     system described in paragraph (2) or (3) of subsection (e).
       ``(C) Disclosure by federal agency heads.--The head of a 
     Federal agency or department is authorized to disclose to the 
     Secretary or a private entity providing assistance to the 
     Secretary under paragraph (A), information traveling to or 
     from or stored on an agency information system, 
     notwithstanding any other law that would otherwise restrict 
     or prevent agency heads from disclosing such information to 
     the Secretary.
       ``(2) Certification.--A certification described in this 
     paragraph is a certification by the Secretary that--
       ``(A) the acquisitions, interceptions, and other 
     countermeasures are reasonably necessary for the purpose of 
     protecting agency information systems from information 
     security threats;
       ``(B) the content of communications will be retained only 
     if the communication is associated with a known or reasonably 
     suspected information security threat, and communications and 
     system traffic will not be subject to the operation of a 
     countermeasure unless associated with the threats;

[[Page 13503]]

       ``(C) information obtained under activities authorized 
     under this subsection will only be retained, used, or 
     disclosed to protect agency information systems from 
     information security threats, mitigate against such threats, 
     or, with the approval of the Attorney General, for law 
     enforcement purposes when the information is evidence of a 
     crime which has been, is being, or is about to be committed;
       ``(D) notice has been provided to users of agency 
     information systems concerning the potential for acquisition, 
     interception, retention, use, and disclosure of 
     communications and other system traffic; and
       ``(E) the activities are implemented pursuant to policies 
     and procedures governing the acquisition, interception, 
     retention, use, and disclosure of communications and other 
     system traffic that have been reviewed and approved by the 
     Attorney General.
       ``(3) Private entities.--The Secretary may enter into 
     contracts or other agreements, or otherwise request and 
     obtain the assistance of, private entities that provide 
     electronic communication or information security services to 
     acquire, intercept, retain, use, and disclose communications 
     and other system traffic in accordance with this subsection.
       ``(4) No cause of action.--No cause of action shall exist 
     against a private entity for assistance provided to the 
     Secretary in accordance with paragraph (3).
       ``(i) Direction to Agencies.--
       ``(1) Authority.--
       ``(A) In general.--Notwithstanding section 3554, and 
     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 a 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 in 
     paragraph (2) or (3) of subsection (e).
       ``(2) Procedures for use of authority.--The Secretary 
     shall--
       ``(A) in coordination with the Director and in consultation 
     with Federal contractors, as appropriate, 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; and
       ``(D) notify the Director and the head of any affected 
     agency immediately upon the issuance of a directive under 
     this subsection.
       ``(3) Imminent threats.--
       ``(A) In general.--If the Secretary determines that there 
     is an imminent threat to agency information systems and a 
     directive under this subsection is not reasonably likely to 
     result in a timely response to the threat, the Secretary may 
     authorize the use of protective capabilities under the 
     control of the Secretary for communications or other system 
     traffic transiting to or from or stored on an agency 
     information system without prior consultation with the 
     affected agency for the purpose of ensuring the security of 
     the information or information system or other agency 
     information systems.
       ``(B) Limitation on delegation.--The authority under this 
     paragraph may not be delegated to an official in a position 
     lower than an Assistant Secretary of the Department of 
     Homeland Security.
       ``(C) Notice.--The Secretary shall immediately notify the 
     Director and the head and chief information officer (or 
     equivalent official) of each affected agency of--
       ``(i) any action taken under this subsection; and
       ``(ii) the reasons for and duration and nature of the 
     action.
       ``(D) Other law.--Any action of the Secretary under this 
     paragraph shall be consistent with applicable law.
       ``(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.''.

     SEC. 204. REPORT TO CONGRESS REGARDING OFFICE OF MANAGEMENT 
                   AND BUDGET ENFORCEMENT ACTION.

       Section 3553 of title 44, United States Code, as amended by 
     section 203, is further amended by inserting at the end the 
     following new subsection:
       ``(j) Annual Report to Congress.--
       ``(1) Requirement.--Not later than February 1 of every 
     year, the Director shall report to the appropriate 
     congressional committee regarding the specific actions the 
     Director has taken pursuant to subsection (a)(5), including 
     any actions taken pursuant to paragraph (5) of title 40 of 
     section 11303(b).
       ``(2) Appropriate congressional committee.--In this 
     subsection, the term `appropriate congressional committee' 
     means--
       ``(A) the Committee on Appropriations and the Committee on 
     Homeland Security and Governmental Affairs of the Senate; and
       ``(B) the Committee on Appropriations and the Committee on 
     Homeland Security of the House of Representatives.''.

                                 ______
                                 

  SA 2547. Mr. HELLER 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:

       On page 16, beginning on line 11, strike ``knows'' and all 
     that follows through ``knows'' on line 19, and insert 
     ``reasonably believes 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 reasonably believes

                                 ______
                                 

  SA 2548. Mr. HELLER 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:

       On page 11, line 22, strike ``knows'' and insert 
     ``reasonably believes''.

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