[Congressional Record (Bound Edition), Volume 161 (2015), Part 10]
[Senate]
[Pages 13565-13588]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2549. Mr. PETERS 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. __. CERTIFICATION FOR CYBERSECURITY AND INFORMATION 
                   ASSURANCE EDUCATION PROGRAMS.

       The Secretary of Homeland Security, in collaboration with 
     the National Cybersecurity Center of Excellence at the 
     National Institute of Standards and Technology, shall develop 
     a certification for existing cybersecurity and information 
     assurance education programs, which shall be provided to 
     those programs that provide training in proper procedure and 
     protocol for sharing cyber threat indicators and protecting 
     sensitive personally identifiable information.
                                 ______
                                 
  SA 2550. Mr. PETERS 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. __. CYBERSECURITY AWARENESS CAMPAIGN.

       (a) In General.--Subtitle C of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 141 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 230. CYBERSECURITY AWARENESS CAMPAIGN.

       ``(a) In General.--The Under Secretary for Cybersecurity 
     and Infrastructure Protection shall develop and implement an 
     ongoing and comprehensive cybersecurity awareness campaign 
     regarding cybersecurity risks and voluntary best practices 
     for mitigating and responding to such risks.
       ``(b) Requirements.--The campaign developed under 
     subsection (a) shall, at a minimum, publish and disseminate, 
     on an ongoing basis, the following:
       ``(1) Public service announcements targeted at improving 
     awareness among State, local, and tribal governments, the 
     private sector, academia, and stakeholders in specific 
     audiences, including the elderly, students, small businesses, 
     members of the Armed Forces, and veterans.
       ``(2) Vendor and technology-neutral voluntary best 
     practices information.
       ``(c) Consultation.--The Under Secretary for Cybersecurity 
     and Infrastructure Protection shall consult with a wide range 
     of stakeholders in government, industry, academia, and the 
     non-profit community in carrying out this section.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 226 (relating to 
     cybersecurity recruitment and retention) the following:

``Sec. 230. Cybersecurity Awareness Campaign.''.
                                 ______
                                 
  SA 2551. Mr. PETERS 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 12, between lines 7 and 8, insert the following:
       (F) ensure collaboration with State, local and tribal 
     governments to enhance the effectiveness of sharing cyber 
     threat indicators and ensure cooperation to prevent, protect, 
     mitigate, respond to, and recover from cybersecurity 
     incidents.
                                 ______
                                 
  SA 2552. Mr. COONS 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:

       Beginning on page 21, strike line 23 and all that follows 
     through page 31, line 5 and insert the following:
       (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 4 that 
     are received through the process described in subsection (c) 
     of this section and that satisfy the requirements of the 
     guidelines developed under subsection (b)--
       (i) are shared in an automated manner 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;
       (B) ensure that cyber threat indicators shared with the 
     Federal Government by any entity pursuant to section 4 in a 
     manner other than the 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 Act, 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 Act, including the extent, if any, to which such 
     cyber threat indicators may be used by the Federal 
     Government; and
       (D) ensure there is--
       (i) an audit capability; and
       (ii) appropriate sanctions in place for officers, 
     employees, or agents of a Federal entity who knowingly and 
     willfully conduct activities under this Act 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 shall develop 
     and make publicly available guidance to assist entities and 
     promote sharing of cyber threat indicators with Federal 
     entities under this Act.
       (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 Act that would 
     be unlikely to include personal information of or identifying 
     a specific person not necessary to describe or identify a 
     cyber security threat.
       (ii) Identification of types of information protected under 
     otherwise applicable privacy laws that are unlikely to be 
     necessary to describe or identify a cybersecurity threat.
       (iii) Such other matters as the Attorney General considers 
     appropriate for entities sharing cyber threat indicators with 
     Federal entities under this Act.
       (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 Act.
       (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 
     Act.
       (B) Periodic review.--The Attorney General shall, in 
     coordination with heads of the

[[Page 13566]]

     appropriate Federal entities and in consultation with 
     officers and private entities described in subparagraph (A), 
     periodically 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 impact on privacy and civil liberties of 
     activities by the Federal Government under this Act;
       (B) limit the receipt, retention, use, and dissemination of 
     cyber threat indicators containing personal information of or 
     identifying 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 Act; 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 of or identifying 
     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 of or identifying 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 Act; 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 Act 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) communications between a Federal entity and a private 
     entity regarding a previously shared cyber threat indicator; 
     and
       (ii) communications by a regulated entity with such 
     entity's Federal regulatory authority regarding a 
     cybersecurity threat;
       (C) shall require the Department of Homeland Security to 
     review all cyber threat indicators and defensive measures 
     received and remove any personal information of or 
     identifying a specific person not necessary to identify or 
     describe the cybersecurity threat before sharing such 
     indicator or defensive measure with appropriate Federal 
     entities;
       (D) ensures that all of the appropriate Federal entities 
     receive in an automated manner such cyber threat indicators 
     as quickly as operationally possible from the Department of 
     Homeland Security;
       (E) is in compliance with the policies, procedures, and 
     guidelines required by this section; and
       (F) 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 Act; 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 as quickly as 
     operationally practicable with receipt through the process 
     within the Department of Homeland Security.
                                 ______
                                 
  SA 2553. Mr. SCHATZ 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:

       Strike paragraph (2) of section 3(b) and insert the 
     following:
       (2) Coordination and consultation.--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, 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--
       (A) consult with appropriate private entities; and
       (B) coordinate with appropriate Federal entities, including 
     the National Laboratories (as defined in section 2 of the 
     Energy Policy Act of 2005 (42 U.S.C. 15801)).
                                 ______
                                 
  SA 2554. Mr. SCHATZ 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:

       Beginning on page 13, strike line 4, and all that follows 
     through page 14, line 1.
                                 ______
                                 
  SA 2555. Ms. HEITKAMP 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 appropriate place, insert the following:

     SEC. __. 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 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.
                                 ______
                                 
  SA 2556. Mr. LEE (for himself, Mr. Leahy, Mr. Durbin, 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:


[[Page 13567]]

       At the end, add the following:

       TITLE II--ELECTRONIC COMMUNICATIONS PRIVACY ACT AMENDMENTS

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Electronic Communications 
     Privacy Act Amendments Act of 2015''.
  


     SEC. 202. CONFIDENTIALITY OF ELECTRONIC COMMUNICATIONS.

       Section 2702(a)(3) of title 18, United States Code, is 
     amended to read as follows:
       ``(3) a provider of remote computing service or electronic 
     communication service to the public shall not knowingly 
     divulge to any governmental entity the contents of any 
     communication described in section 2703(a), or any record or 
     other information pertaining to a subscriber or customer of 
     such service.''.

     SEC. 203. ELIMINATION OF 180-DAY RULE; SEARCH WARRANT 
                   REQUIREMENT; REQUIRED DISCLOSURE OF CUSTOMER 
                   RECORDS.

       (a) In General.--Section 2703 of title 18, United States 
     Code, is amended--
       (1) by striking subsections (a), (b), and (c) and inserting 
     the following:
       ``(a) Contents of Wire or Electronic Communications.--A 
     governmental entity may require the disclosure by a provider 
     of electronic communication service or remote computing 
     service of the contents of a wire or electronic communication 
     that is in electronic storage with or otherwise stored, held, 
     or maintained by the provider only if the governmental entity 
     obtains a warrant issued using the procedures described in 
     the Federal Rules of Criminal Procedure (or, in the case of a 
     State court, issued using State warrant procedures) that is 
     issued by a court of competent jurisdiction directing the 
     disclosure.
       ``(b) Notice.--Except as provided in section 2705, not 
     later than 10 business days in the case of a law enforcement 
     agency, or not later than 3 business days in the case of any 
     other governmental entity, after a governmental entity 
     receives the contents of a wire or electronic communication 
     of a subscriber or customer from a provider of electronic 
     communication service or remote computing service under 
     subsection (a), the governmental entity shall serve upon, or 
     deliver to by registered or first-class mail, electronic 
     mail, or other means reasonably calculated to be effective, 
     as specified by the court issuing the warrant, the subscriber 
     or customer--
       ``(1) a copy of the warrant; and
       ``(2) a notice that includes the information referred to in 
     clauses (i) and (ii) of section 2705(a)(4)(B).
       ``(c) Records Concerning Electronic Communication Service 
     or Remote Computing Service.--
       ``(1) In general.--Subject to paragraph (2), a governmental 
     entity may require a provider of electronic communication 
     service or remote computing service to disclose a record or 
     other information pertaining to a subscriber or customer of 
     the provider or service (not including the contents of 
     communications), only if the governmental entity--
       ``(A) obtains a warrant issued using the procedures 
     described in the Federal Rules of Criminal Procedure (or, in 
     the case of a State court, issued using State warrant 
     procedures) that is issued by a court of competent 
     jurisdiction directing the disclosure;
       ``(B) obtains a court order directing the disclosure under 
     subsection (d);
       ``(C) has the consent of the subscriber or customer to the 
     disclosure; or
       ``(D) submits a formal written request relevant to a law 
     enforcement investigation concerning telemarketing fraud for 
     the name, address, and place of business of a subscriber or 
     customer of the provider or service that is engaged in 
     telemarketing (as defined in section 2325).
       ``(2) Information to be disclosed.--A provider of 
     electronic communication service or remote computing service 
     shall, in response to an administrative subpoena authorized 
     by Federal or State statute, a grand jury, trial, or civil 
     discovery subpoena, or any means authorized under paragraph 
     (1), disclose to a governmental entity the--
       ``(A) name;
       ``(B) address;
       ``(C) local and long distance telephone connection records, 
     or records of session times and durations;
       ``(D) length of service (including start date) and types of 
     service used;
       ``(E) telephone or instrument number or other subscriber 
     number or identity, including any temporarily assigned 
     network address; and
       ``(F) means and source of payment for such service 
     (including any credit card or bank account number),

     of a subscriber or customer of such service.
       ``(3) Notice not required.--A governmental entity that 
     receives records or information under this subsection is not 
     required to provide notice to a subscriber or customer.''; 
     and
       (2) by adding at the end the following:
       ``(h) Rule of Construction.--Nothing in this section or in 
     section 2702 shall be construed to limit the authority of a 
     governmental entity to use an administrative subpoena 
     authorized under a Federal or State statute or to use a 
     Federal or State grand jury, trial, or civil discovery 
     subpoena to--
       ``(1) require an originator, addressee, or intended 
     recipient of an electronic communication to disclose the 
     contents of the electronic communication to the governmental 
     entity; or
       ``(2) require an entity that provides electronic 
     communication services to the officers, directors, employees, 
     or agents of the entity (for the purpose of carrying out 
     their duties) to disclose the contents of an electronic 
     communication to or from an officer, director, employee, or 
     agent of the entity to a governmental entity, if the 
     electronic communication is held, stored, or maintained on an 
     electronic communications system owned or operated by the 
     entity.''.
       (b) Technical and Conforming Amendments.--Section 2703(d) 
     of title 18, United States Code, is amended--
       (1) by striking ``A court order for disclosure under 
     subsection (b) or (c)'' and inserting ``A court order for 
     disclosure under subsection (c)''; and
       (2) by striking ``the contents of a wire or electronic 
     communication, or''.

     SEC. 204. DELAYED NOTICE.

       Section 2705 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 2705. Delayed notice

       ``(a) Delay of Notification.--
       ``(1) In general.--A governmental entity that is seeking a 
     warrant under section 2703(a) may include in the application 
     for the warrant a request for an order delaying the 
     notification required under section 2703(b) for a period of 
     not more than 180 days in the case of a law enforcement 
     agency, or not more than 90 days in the case of any other 
     governmental entity.
       ``(2) Determination.--A court shall grant a request for 
     delayed notification made under paragraph (1) if the court 
     determines that there is reason to believe that notification 
     of the existence of the warrant may result in--
       ``(A) endangering the life or physical safety of an 
     individual;
       ``(B) flight from prosecution;
       ``(C) destruction of or tampering with evidence;
       ``(D) intimidation of potential witnesses; or
       ``(E) otherwise seriously jeopardizing an investigation or 
     unduly delaying a trial.
       ``(3) Extension.--Upon request by a governmental entity, a 
     court may grant one or more extensions of the delay of 
     notification granted under paragraph (2) of not more than 180 
     days in the case of a law enforcement agency, or not more 
     than 90 days in the case of any other governmental entity.
       ``(4) Expiration of the delay of notification.--Upon 
     expiration of the period of delay of notification under 
     paragraph (2) or (3), the governmental entity shall serve 
     upon, or deliver to by registered or first-class mail, 
     electronic mail, or other means reasonably calculated to be 
     effective as specified by the court approving the search 
     warrant, the customer or subscriber--
       ``(A) a copy of the warrant; and
       ``(B) notice that informs the customer or subscriber--
       ``(i) of the nature of the law enforcement inquiry with 
     reasonable specificity;
       ``(ii) that information maintained for the customer or 
     subscriber by the provider of electronic communication 
     service or remote computing service named in the process or 
     request was supplied to, or requested by, the governmental 
     entity;
       ``(iii) of the date on which the warrant was served on the 
     provider and the date on which the information was provided 
     by the provider to the governmental entity;
       ``(iv) that notification of the customer or subscriber was 
     delayed;
       ``(v) the identity of the court authorizing the delay; and
       ``(vi) of the provision of this chapter under which the 
     delay was authorized.
       ``(b) Preclusion of Notice to Subject of Governmental 
     Access.--
       ``(1) In general.--A governmental entity that is obtaining 
     the contents of a communication or information or records 
     under section 2703 may apply to a court for an order 
     directing a provider of electronic communication service or 
     remote computing service to which a warrant, order, subpoena, 
     or other directive under section 2703 is directed not to 
     notify any other person of the existence of the warrant, 
     order, subpoena, or other directive for a period of not more 
     than 180 days in the case of a law enforcement agency, or not 
     more than 90 days in the case of any other governmental 
     entity.
       ``(2) Determination.--A court shall grant a request for an 
     order made under paragraph (1) if the court determines that 
     there is reason to believe that notification of the existence 
     of the warrant, order, subpoena, or other directive may 
     result in--
       ``(A) endangering the life or physical safety of an 
     individual;
       ``(B) flight from prosecution;
       ``(C) destruction of or tampering with evidence;
       ``(D) intimidation of potential witnesses; or
       ``(E) otherwise seriously jeopardizing an investigation or 
     unduly delaying a trial.
       ``(3) Extension.--Upon request by a governmental entity, a 
     court may grant one or more extensions of an order granted 
     under paragraph (2) of not more than 180 days in

[[Page 13568]]

     the case of a law enforcement agency, or not more than 90 
     days in the case of any other governmental entity.
       ``(4) Prior notice to law enforcement.--Upon expiration of 
     the period of delay of notice under this section, and not 
     later than 3 business days before providing notice to a 
     customer or subscriber, a provider of electronic 
     communication service or remote computing service shall 
     notify the governmental entity that obtained the contents of 
     a communication or information or records under section 2703 
     of the intent of the provider of electronic communication 
     service or remote computing service to notify the customer or 
     subscriber of the existence of the warrant, order, or 
     subpoena seeking that information.
       ``(c) Definition.--In this section and section 2703, the 
     term `law enforcement agency' means an agency of the United 
     States, a State, or a political subdivision of a State, 
     authorized by law or by a government agency to engage in or 
     supervise the prevention, detection, investigation, or 
     prosecution of any violation of criminal law, or any other 
     Federal or State agency conducting a criminal 
     investigation.''.

     SEC. 205. EVALUATION BY THE GOVERNMENT ACCOUNTABILITY OFFICE.

       Not later than September 30, 2017, the Comptroller General 
     of the United States shall submit to Congress a report 
     regarding the disclosure of customer communications and 
     records under section 2703 of title 18, United States Code, 
     which shall include--
       (1) an analysis and evaluation of such disclosure under 
     section 2703 of title 18, United States Code, as in effect 
     before the date of enactment of this Act, including--
       (A) a comprehensive analysis and evaluation regarding the 
     number of individual instances, in each of the 5 years before 
     the year in which this Act is enacted, in which Federal, 
     State, or local law enforcement officers used section 2703 of 
     title 18, United States Code, to obtain information relevant 
     to an ongoing criminal investigation;
       (B) an analysis of the average length of time taken by a 
     provider of an electronic communication service or a remote 
     computing service to comply with requests by law enforcement 
     officers for information under section 2703 of title 18, 
     United States Code;
       (C) the number of individual instances, in each of the 5 
     years before the year in which this Act is enacted, in which 
     information was requested by law enforcement officers from a 
     provider of an electronic communication service or a remote 
     computing service under a warrant as authorized under section 
     2703(a) of title 18, United States Code;
       (D) the number of individual instances and type of request, 
     in each of the 5 years before the year in which this Act is 
     enacted, in which information was requested by law 
     enforcement officers from a provider of an electronic 
     communication service or a remote computing service under the 
     other information request provisions in section 2703 of title 
     18, United States Code; and
       (E) the number of individual instances, in each of the 5 
     years before the year in which this Act is enacted, in which 
     law enforcement officers requested delayed notification to 
     the subscriber or customer under section 2705 of title 18, 
     United States Code; and
       (2) an analysis and evaluation of such disclosure under 
     section 2703 of title 18, United States Code, as amended by 
     this title, including--
       (A) an evaluation of the effects of the amendments to the 
     warrant requirements on judges, court dockets, or any other 
     court operations;
       (B) a survey of Federal, State, and local judges and law 
     enforcement officers to determine the average length of time 
     required for providers of an electronic communication service 
     or a remote computing service to provide the contents of 
     communications requested under a search warrant, which shall 
     include identifying the number of instances in which a judge 
     was required to order a provider of an electronic 
     communication service or a remote computing service to appear 
     to show cause for failing to comply with a warrant or to 
     issue an order of contempt against a provider of an 
     electronic communication service or a remote computing 
     service for such a failure; and
       (C) determining whether the amendments to the warrant 
     requirements resulted in an increase in the use of the 
     emergency exception under section 2702(b)(8) of title 18, 
     United States Code.

     SEC. 206. RULE OF CONSTRUCTION.

       Nothing in this title or an amendment made by this title 
     shall be construed to preclude the acquisition by the United 
     States Government of--
       (1) the contents of a wire or electronic communication 
     pursuant to other lawful authorities, including the 
     authorities under chapter 119 of title 18 (commonly known as 
     the ``Wiretap Act''), the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1801 et seq.), or any other provision 
     of Federal law not specifically amended by this title; or
       (2) records or other information relating to a subscriber 
     or customer of any electronic communications service or 
     remote computing service (not including the content of such 
     communications) pursuant to the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), chapter 
     119 of title 18 (commonly known as the ``Wiretap Act''), or 
     any other provision of Federal law not specifically amended 
     by this title.
                                 ______
                                 
  SA 2557. Ms. MIKULSKI (for herself, Mr. Cardin, and Mr. Warner) 
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 appropriate place, insert the following:

     SEC. ___. FUNDING.

       (a) In General.--Effective on the date of enactment of this 
     Act, there is appropriated, out of any money in the Treasury 
     not otherwise appropriated, for the fiscal year ending 
     September 30, 2015, an additional amount for the 
     appropriations account appropriated under the heading 
     ``salaries and expenses'' under the heading ``Office of 
     Personnel Management'', $37,000,000, to remain available 
     until September 30, 2017, for accelerated cybersecurity in 
     response to data breaches.
       (b) Emergency Designation.--The amount appropriated under 
     subsection (a) is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     and shall be available only if the President subsequently so 
     designates such amount and transmits such designation to the 
     Congress.
                                 ______
                                 
  SA 2558. Mr. BENNET (for himself and Mr. Portman) 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 end, add the following:

          TITLE II--FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT

     SECTION 201. SHORT TITLE.

       This title may be cited as the ``Federal Cybersecurity 
     Workforce Assessment Act''.

     SEC. 202. 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 Committee on Armed Services in the House of 
     Representatives;
       (D) the Committee on Homeland Security of the House of 
     Representatives; and
       (E) the Committee on Oversight and Government Reform of 
     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. 203. 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 information technology, 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 non-civilian 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 non-
     civilian 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)

[[Page 13569]]

     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 pass 
     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. 204. 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. 205. 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.
                                 ______
                                 
  SA 2559. Mr. MANCHIN 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 8, between lines 23 and 24, insert the following:
       (16) Real time; real-time.--The terms ``real time'' and 
     ``real-time'' means as close to real time as practicable.
       (17) Delay.--The term ``delay'', with respect to the 
     sharing of a cyber threat indicator, excludes any time 
     necessary to ensure that the cyber threat indicator shared 
     does not contain any personally identifiable information not 
     needed to describe or identify a cybersecurity threat.
       (18) Modification.--The term ``modification'', with respect 
     to the sharing of a cyber threat indicator, excludes any 
     process necessary to ensure that the cyber threat indicator 
     modified does not contain any personally identifiable 
     information not needed to describe or identify a 
     cybersecurity threat.
                                 ______
                                 
  SA 2560. Mr. MANCHIN 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 15, strike lines 4 through 10, and insert the 
     following:
       (1) In general.--
       (A) Authorization.--Except as provided in subparagraph (B) 
     and paragraph (2) and notwithstanding any other provision of 
     law, an entity may, for the purposes permitted under this Act 
     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.
       (B) Exception for department of defense.--Notwithstanding 
     subparagraph (A), no entity is permitted under this Act to 
     share with the Department of Defense or any component of the 
     Department, including the National Security Agency, a cyber 
     threat indicator or defensive measure.
                                 ______
                                 
  SA 2561. Mr. PAUL 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:

        TITLE __--CARRYING OF FIREARMS ON MILITARY INSTALLATIONS

     SEC. ___1. SHORT TITLE.

       This title may be cited as the ``Servicemembers Self-
     Defense Act of 2015''.

     SEC. ___2. FIREARMS PERMITTED ON DEPARTMENT OF DEFENSE 
                   PROPERTY.

       Section 930(g)(1) of title 18, United States Code, is 
     amended--
       (1) by striking ``The term `Federal facility' means'' and 
     inserting the following: ``The term `Federal facility'--
       ``(A) means'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(B) with respect to a qualified member of the Armed 
     Forces, as defined in section 926D(a), does not include any 
     land, a building, or any part thereof owned or leased by the 
     Department of Defense.''.

     SEC. ___3. LAWFUL POSSESSION OF FIREARMS ON MILITARY 
                   INSTALLATIONS BY MEMBERS OF THE ARMED FORCES.

       (a) Modification of General Article.--Section 934 of title 
     10, United States Code (article 134 of the Uniform Code of 
     Military Justice), is amended--
       (1) by inserting ``(a) In General.--'' before ``Though not 
     specifically mentioned''; and
       (2) by adding at the end the following new subsection:
       ``(b) Possession of a Firearm.--The possession of a 
     concealed or open carry firearm by a member of the armed 
     forces subject to this chapter on a military installation, if 
     lawful under the laws of the State in which the installation 
     is located, is not an offense under this section.''.
       (b) Modification of Regulations.--Not later than 30 days 
     after the date of the enactment of this Act, the Secretary of 
     Defense shall amend Department of Defense Directive number 
     5210.56 to provide that members of the Armed Forces may 
     possess firearms for defensive purposes on facilities and 
     installations of the Department of Defense in a manner 
     consistent with the laws of the State in which the facility 
     or installation concerned is located.

     SEC. ___4. CARRYING OF CONCEALED FIREARMS BY QUALIFIED 
                   MEMBERS OF THE ARMED FORCES.

       (a) In General.--Chapter 44 of title 18, United States 
     Code, is amended by inserting after section 926C the 
     following

     ``Sec. 926D. Carrying of concealed firearms by qualified 
       members of the Armed Forces

       ``(a) Definitions.--As used in this section--
       ``(1) the term `firearm'--
       ``(A) except as provided in this paragraph, has the same 
     meaning as in section 921;
       ``(B) includes ammunition not expressly prohibited by 
     Federal law or subject to the provisions of the National 
     Firearms Act; and
       ``(C) does not include--
       ``(i) any machinegun (as defined in section 5845 of the 
     National Firearms Act);
       ``(ii) any firearm silencer; or
       ``(iii) any destructive device; and
       ``(2) the term `qualified member of the Armed Forces' means 
     an individual who--
       ``(A) is a member of the Armed Forces on active duty 
     status, as defined in section 101(d)(1) of title 10;
       ``(B) is not the subject of disciplinary action under the 
     Uniform Code of Military Justice;
       ``(C) is not under the influence of alcohol or another 
     intoxicating or hallucinatory drug or substance; and
       ``(D) is not prohibited by Federal law from receiving a 
     firearm.

[[Page 13570]]

       ``(b) Authorization.--Notwithstanding any provision of the 
     law of any State or any political subdivision thereof, an 
     individual who is a qualified member of the Armed Forces and 
     who is carry identification required by subsection (d) may 
     carry a concealed firearm that has been shipped or 
     transported in interstate or foreign commerce, subject to 
     subsection (c).
       ``(c) Limitations.--This section shall not be construed to 
     superseded or limit the laws of any State that--
       ``(1) permit private persons or entities to prohibit or 
     restrict the possession of concealed firearms on their 
     property; or
       ``(2) prohibit or restrict the possession of firearms on 
     any State or local government property, installation, 
     building, base, or park.
       ``(d) Identification.--The identification required by this 
     subsection is the photographic identification issued by the 
     Department of Defense for the qualified member of the Armed 
     Forces.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 44 of title 18, United States Code, is 
     amended by inserting after the item relating to section 926C 
     the following:

``926D. Carrying of concealed firearms by qualified members of the 
              Armed Forces.''.
                                 ______
                                 
  SA 2562. Mr. PAUL 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 end of the bill, add the following:

     SEC. 11. LIMITATION ON FEDERAL FUNDS TO SANCTUARY CITIES.

       (a) In General.--Section 642 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1373) is amended by adding at the end the following:
       ``(d) Limitation on Federal Funds to Sanctuary Cities.--
       ``(1) Sanctuary city defined.--In this section, the term 
     `sanctuary city' means a State or subdivision of a State that 
     the Attorney General determines--
       ``(A) has in effect a statute, policy, or practice that is 
     not in compliance with subsection (a) or (b); or
       ``(B) does not have a statute, policy, or practice that 
     requires law enforcement officers--
       ``(i) to notify the U.S. Immigration and Customs 
     Enforcement if the State or unit has custody of an alien 
     without lawful status in the United States and detain the 
     alien for no more than six hours for no other purpose than to 
     determine whether or not U.S. Immigration and Customs 
     Enforcement will issue a detainer request; and
       ``(ii) to maintain custody of such an alien for a period of 
     not less than 48 hours (excluding Saturdays, Sundays, and 
     holidays) if U.S. Immigration and Customs Enforcement issues 
     a detainer for such alien.
       ``(2) Limitation on grants.--A sanctuary city shall not be 
     eligible to receive, for a minimum period of at least 1 year, 
     any funds pursuant to--
       ``(A) the Edward Byrne Memorial Justice Assistance Grant 
     Program established pursuant to subpart 1 of part E of title 
     I of the Omnibus Crime Control and Safe Streets Act of 1968 
     (42 U.S.C. 3750 et seq.);
       ``(B) the `Cops' program under part Q of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd et seq.);
       ``(C) the Urban Area Security Initiative authorized under 
     section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 
     604);
       ``(D) the State Homeland Security Grant Program authorized 
     under section 2004 of the Homeland Security Act of 2002 (6 
     U.S.C. 605);
       ``(E) the port security grant program authorized under 
     section 70107 of title 46, United States Code;
       ``(F) the State Criminal Alien Assistance Program under 
     section 241(i) of the Immigration and Nationality Act (8 
     U.S.C. 1231(i)); or
       ``(G) any other non-disaster preparedness grant program 
     administered by the Federal Emergency Management Agency.
       ``(3) Termination of ineligibility.--A jurisdiction that is 
     found to be a sanctuary city shall only become eligible to 
     receive funds under a program set out under paragraph (1) 
     after the Attorney General certifies that the jurisdiction is 
     no longer a sanctuary city.''.
       (b) Clerical Amendments.--Section 642 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373) is amended by striking ``Immigration and 
     Naturalization Service'' each place that term appears and 
     inserting ``Department of Homeland Security''.

     SEC. 12. TRANSFER OF ALIENS FROM BUREAU OF PRISONS CUSTODY.

       (a) Transfer to U.S. Immigration and Customs Enforcement.--
     The Attorney General shall prioritize a request from the 
     Secretary of Homeland Security to transfer a covered alien to 
     the custody of U.S. Immigration and Customs Enforcement 
     before a request from the appropriate official of a State or 
     a subdivision of a State to transfer the covered alien to the 
     custody of such State or subdivision.
       (b) Covered Alien Defined.--In this section, the term 
     ``covered alien'' means an alien who--
       (1) is without lawful status in the United States; and
       (2) is in the custody of the Bureau of Prisons.
                                 ______
                                 
  SA 2563. Mr. PAUL 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:

                TITLE ___--FEDERAL RESERVE TRANSPARENCY

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Federal Reserve 
     Transparency Act of 2015''.

     SEC. _02. AUDIT REFORM AND TRANSPARENCY FOR THE BOARD OF 
                   GOVERNORS OF THE FEDERAL RESERVE SYSTEM.

       (a) In General.--Notwithstanding section 714 of title 31, 
     United States Code, or any other provision of law, an audit 
     of the Board of Governors of the Federal Reserve System and 
     the Federal reserve banks under subsection (b) of such 
     section 714 shall be completed within 12 months of the date 
     of enactment of this Act.
       (b) Report.--
       (1) In general.--A report on the audit required under 
     subsection (a) shall be submitted by the Comptroller General 
     to the Congress before the end of the 90-day period beginning 
     on the date on which such audit is completed and made 
     available to the Speaker of the House, the majority and 
     minority leaders of the House of Representatives, the 
     majority and minority leaders of the Senate, the Chairman and 
     Ranking Member of the committee and each subcommittee of 
     jurisdiction in the House of Representatives and the Senate, 
     and any other Member of Congress who requests it.
       (2) Contents.--The report under paragraph (1) shall include 
     a detailed description of the findings and conclusion of the 
     Comptroller General with respect to the audit that is the 
     subject of the report, together with such recommendations for 
     legislative or administrative action as the Comptroller 
     General may determine to be appropriate.
       (c) Repeal of Certain Limitations.--Subsection (b) of 
     section 714 of title 31, United States Code, is amended by 
     striking all after ``in writing.''.
       (d) Technical and Conforming Amendment.--Section 714 of 
     title 31, United States Code, is amended by striking 
     subsection (f).

     SEC. _03. AUDIT OF LOAN FILE REVIEWS REQUIRED BY ENFORCEMENT 
                   ACTIONS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct an audit of the review of loan files of 
     homeowners in foreclosure in 2009 or 2010, required as part 
     of the enforcement actions taken by the Board of Governors of 
     the Federal Reserve System against supervised financial 
     institutions.
       (b) Content of Audit.--The audit carried out pursuant to 
     subsection (a) shall consider, at a minimum--
       (1) the guidance given by the Board of Governors of the 
     Federal Reserve System to independent consultants retained by 
     the supervised financial institutions regarding the 
     procedures to be followed in conducting the file reviews;
       (2) the factors considered by independent consultants when 
     evaluating loan files;
       (3) the results obtained by the independent consultants 
     pursuant to those reviews;
       (4) the determinations made by the independent consultants 
     regarding the nature and extent of financial injury sustained 
     by each homeowner as well as the level and type of 
     remediation offered to each homeowner; and
       (5) the specific measures taken by the independent 
     consultants to verify, confirm, or rebut the assertions and 
     representations made by supervised financial institutions 
     regarding the contents of loan files and the extent of 
     financial injury to homeowners.
       (c) Report.--Not later than the end of the 6-month period 
     beginning on the date of the enactment of this Act, the 
     Comptroller General shall issue a report to the Congress 
     containing all findings and determinations made in carrying 
     out the audit required under subsection (a).
                                 ______
                                 
  SA 2564. Mr. PAUL 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 38, line between lines 19 and 20, insert the 
     following:
       (d) Exception.--This section shall not apply to any private 
     entity that, in the course of monitoring information under 
     section 4(a) or sharing information under section 4(c), 
     breaks a user agreement or privacy agreement with a customer 
     of the private entity.

[[Page 13571]]


                                 ______
                                 
  SA 2565. Mr. PAUL 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 40, between lines 23 and 24, insert the following:
       (iv) For inclusion in the unclassified form of this report 
     under paragraph (4) of this subsection, to the greatest 
     extent practicable, the number of United States persons who 
     have been the subject of monitoring authorized under section 
     4.
       (v) For inclusion in the unclassified form of this report 
     under paragraph (4) of this subsection, to the greatest 
     extent practicable, the number of United States persons with 
     respect to whom personal information of or identifying the 
     persons was shared with a Federal entity under this Act.
                                 ______
                                 
  SA 2566. Mr. PAUL 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 19, insert ``with an entity or another 
     Federal entity'' after ``indicator''.
                                 ______
                                 
  SA 2567. Mr. PAUL 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 end of section 8, add the following:
       (n) Preservation of Privacy Law.--Notwithstanding any other 
     provision of this Act, nothing in this Act shall supersede 
     any provision of law as it relates to the retention by a 
     Federal entity of personal information of or identifying a 
     specific United States person.
                                 ______
                                 
  SA 2568. Mr. PAUL 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 45, line 4, add ``Nothing in this Act shall be 
     construed to prohibit or limit the disclosure of such 
     information to the Privacy and Civil Liberties Oversight 
     Board.'' after ``law.''.
                                 ______
                                 
  SA 2569. Mr. PAUL 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. ___. RULE OF CONSTRUCTION.

       Nothing in this Act or amendments made by this Act shall be 
     construed as permitting the Federal Government to access 
     communications content outside of networks of the Federal 
     Government, including e-mail and messaging content, of a 
     person located in the United States without prior court 
     approval.
                                 ______
                                 
  SA 2570. Mr. PAUL 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. ___. FOURTH AMENDMENT PRESERVATION AND PROTECTION.

       (a) Short Title.--This section may be cited as the ``Fourth 
     Amendment Preservation and Protection Act of 2015''.
       (b) Findings.--Congress finds that the right under the 
     Fourth Amendment to the Constitution of the United States of 
     the people to be secure in their persons, houses, papers, and 
     effects against unreasonable searches and seizures is 
     violated when the Federal Government or a State or local 
     government acquires information voluntarily relinquished by a 
     person to another party for a limited business purpose 
     without the express informed consent of the person to the 
     specific request by the Federal Government or a State or 
     local government or a warrant, upon probable cause, supported 
     by oath or affirmation, and particularly describing the place 
     to be searched, and the persons or things to be seized.
       (c) Definition.--In this section, the term ``system of 
     records'' means any group of records from which information 
     is retrieved by the name of the individual or by some 
     identifying number, symbol, or other identifying particular 
     associated with the individual.
       (d) Prohibition.--
       (1) In general.--Except as provided in paragraph (2), the 
     Federal Government and a State or local government may not 
     obtain or seek to obtain information relating to an 
     individual or group of individuals held by a third party in a 
     system of records, and no such information shall be 
     admissible in a criminal prosecution in a court of law.
       (2) Exception.--The Federal Government or a State or local 
     government may obtain, and a court may admit, information 
     relating to an individual held by a third party in a system 
     of records if--
       (A) the individual whose name or identification information 
     the Federal Government or State or local government is using 
     to access the information provides express and informed 
     consent to the search; or
       (B) the Federal Government or State or local government 
     obtains a warrant, upon probable cause, supported by oath or 
     affirmation, and particularly describing the place to be 
     searched, and the persons or things to be seized.
                                 ______
                                 
  SA 2571. Mr. PAUL 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. ___. CLARIFICATION ON PROHIBITION ON SEARCHING OF 
                   COLLECTIONS OF COMMUNICATIONS TO CONDUCT 
                   WARRANTLESS SEARCHES FOR THE COMMUNICATIONS OF 
                   UNITED STATES PERSONS.

       Section 702(b) of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1881a(b)) is amended--
       (1) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively, and indenting 
     such subparagraphs, as so redesignated, an additional two ems 
     from the left margin;
       (2) by striking ``An acquisition'' and inserting the 
     following:
       ``(1) In general.--An acquisition''; and
       (3) by adding at the end the following:
       ``(2) Clarification on prohibition on searching of 
     collections of communications of united states persons.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no officer or employee of the United States may conduct a 
     search of a collection of communications acquired under this 
     section in an effort to find communications of a particular 
     United States person (other than a corporation).
       ``(B) Concurrent authorization and exception for emergency 
     situations.--Subparagraph (A) shall not apply to a search for 
     communications related to a particular United States person 
     if--
       ``(i) such United States person is the subject of an order 
     or emergency authorization authorizing electronic 
     surveillance or physical search under section 105, 304, 703, 
     704, or 705 of this Act, or under title 18, United States 
     Code, for the effective period of that order;
       ``(ii) the entity carrying out the search has a reasonable 
     belief that the life or safety of such United States person 
     is threatened and the information is sought for the purpose 
     of assisting that person; or
       ``(iii) such United States person has consented to the 
     search.''.
                                 ______
                                 
  SA 2572. Mr. PAUL 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. __. PROHIBITION ON DATA SECURITY VULNERABILITY MANDATES.

       (a) In General.--Except as provided in subsection (b), no 
     agency may mandate that a manufacturer, developer, or seller 
     of covered products design or alter the security functions in 
     its product or service to allow the surveillance of any user 
     of such product or service, or to allow the physical search 
     of such product, by any agency.
       (b) Exception.--Subsection (a) shall not apply to mandates 
     authorized under the Communications Assistance for Law 
     Enforcement Act (47 U.S.C. 1001 et seq.).
       (c) Covered Product Defined.--In this section, the term 
     ``covered product'' means any computer hardware, computer 
     software, or electronic device that is made available to the 
     general public.
                                 ______
                                 
  SA 2573. Mr. FLAKE 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

[[Page 13572]]

cybersecurity threats, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

       (a) In General.--Part II of the Federal Power Act is 
     amended by inserting after section 215 (16 U.S.C. 824o) the 
     following:

     ``SEC. 215A. CRITICAL ELECTRIC INFRASTRUCTURE SECURITY.

       ``(a) Definitions.--In this section:
       ``(1) Bulk-power system; electric reliability organization; 
     regional entity.--The terms `bulk-power system', `Electric 
     Reliability Organization', and `regional entity' have the 
     meanings given those terms in section 215.
       ``(2) Critical electric infrastructure.--The term `critical 
     electric infrastructure' means a system or asset of the bulk-
     power system, whether physical or virtual, the incapacity or 
     destruction of which would negatively affect national 
     security, economic security, public health or safety, or any 
     combination of those matters.
       ``(3) Critical electric infrastructure information.--
       ``(A) In general.--The term `critical electric 
     infrastructure information' means information related to 
     critical electric infrastructure, or proposed critical 
     electric infrastructure, generated by or provided to the 
     Commission or other Federal agency, other than classified 
     national security information, that is designated as critical 
     electric infrastructure information by the Commission under 
     subsection (c)(2).
       ``(B) Inclusions.--The term `critical electric 
     infrastructure information' includes information that 
     qualifies as critical energy infrastructure information under 
     regulations promulgated by the Commission.
       ``(4) Cybersecurity threat.--The term ``cybersecurity 
     threat' means the imminent danger of an act that severely 
     disrupts, attempts to severely disrupt, or poses a 
     significant risk of severely disrupting the operation of 
     programmable electronic devices or communications networks 
     (including hardware, software, and data) essential to the 
     reliable operation of the bulk-power system.
       ``(5) Electromagnetic pulse.--The term `electromagnetic 
     pulse' means 1 or more pulses of electromagnetic energy 
     emitted by a device capable of disabling or disrupting 
     operation of, or destroying, electronic devices or 
     communications networks, including hardware, software, and 
     data, by means of such a pulse.
       ``(6) Geomagnetic storm.--The term `geomagnetic storm' 
     means a temporary disturbance of the magnetic field of the 
     Earth resulting from solar activity.
       ``(7) Grid security emergency.--The term `grid security 
     emergency' means the imminent danger of--
       ``(A) a malicious act using electronic communication or an 
     electromagnetic pulse, or a geomagnetic storm event, that 
     could disrupt the operation of those electronic devices or 
     communications networks, including hardware, software, and 
     data, that are essential to the reliability of the bulk-power 
     system; and
       ``(B) disruption of the operation of such devices or 
     networks, with significant adverse effects on the reliability 
     of the bulk-power system, as a result of such act or event.
       ``(8) Secretary.--The term `Secretary' means the Secretary 
     of Energy.
       ``(b) Authority to Address Grid Security Emergency.--
       ``(1) Authority.--
       ``(A) In general.--If the President issues and provides to 
     the Secretary a written directive or determination 
     identifying a cybersecurity threat or grid security 
     emergency, the Secretary may, with or without notice, 
     hearing, or report, issue such orders for emergency measures 
     as are necessary in the judgment of the Secretary to protect 
     the bulk-power system during the cybersecurity threat or grid 
     security emergency.
       ``(B) Rules.--As soon as practicable but not later than 180 
     days after the date of enactment of this section, the 
     Secretary shall, after notice and opportunity for comment, 
     establish rules of procedure that ensure that the authority 
     described in subparagraph (A) can be exercised expeditiously.
       ``(2) Notification of congress.--If the President issues 
     and provides to the Secretary a written directive or 
     determination under paragraph (1), the President shall 
     promptly notify congressional committees of relevant 
     jurisdiction, including the Committee on Energy and Commerce 
     of the House of Representatives and the Committee on Energy 
     and Natural Resources of the Senate, of the contents of, and 
     justification for, the directive or determination.
       ``(3) Consultation.--Before issuing an order for emergency 
     measures under paragraph (1), the Secretary shall, to the 
     extent practicable in light of the nature of the 
     cybersecurity threat or grid security emergency and the 
     urgency of the need for action, consult with appropriate 
     governmental authorities in Canada and Mexico, entities 
     described in paragraph (4), the Commission, and other 
     appropriate Federal agencies regarding implementation of the 
     emergency measures.
       ``(4) Application.--An order for emergency measures under 
     this subsection may apply to--
       ``(A) the Electric Reliability Organization;
       ``(B) a regional entity; or
       ``(C) any owner, user, or operator of the bulk-power 
     system.
       ``(5) Expiration and reissuance.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     an order for emergency measures issued under paragraph (1) 
     shall expire not later than 30 days after the issuance of the 
     order.
       ``(B) Extensions.--The Secretary may reissue an order for 
     emergency measures issued under paragraph (1) for subsequent 
     periods, not to exceed 30 days for each such period, if the 
     President, for each such period, issues and provides to the 
     Secretary a written directive or determination that the 
     cybersecurity threat or grid security emergency identified 
     under paragraph (1) continues to exist or that the emergency 
     measure continues to be required.
       ``(6) Cost recovery for critical electric infrastructure.--
     If the Commission determines that owners, operators, or users 
     of the critical electric infrastructure have incurred 
     substantial costs to comply with an order for emergency 
     measures issued under this subsection and that such costs 
     were prudently incurred and cannot reasonably be recovered 
     through regulated rates or market prices for the electric 
     energy or services sold by such owners, operators, or users, 
     the Commission may, after notice and an opportunity for 
     comment, prescribe standards for a public utility to seek to 
     recover such costs by filing a rate schedule or tariff 
     pursuant to section 205 for sales of electric energy or the 
     transmission of electric energy subject to the jurisdiction 
     of the Commission.
       ``(7) Temporary access to classified information.--The 
     Secretary, and other appropriate Federal agencies, shall, to 
     the extent practicable and consistent with the obligations of 
     the Secretary and Federal agencies to protect classified 
     information, provide temporary access to classified 
     information related to a cybersecurity threat or grid 
     security emergency for which emergency measures are issued 
     under paragraph (1) to key personnel of any entity subject to 
     the emergency measures to enable optimum communication 
     between the entity and the Secretary and other appropriate 
     Federal agencies regarding the cybersecurity threat or grid 
     security emergency.
       ``(c) Protection and Sharing of Critical Electric 
     Infrastructure Information.--
       ``(1) Protection of critical electric infrastructure.--
     Critical electric infrastructure information--
       ``(A) shall be exempt from disclosure under section 
     552(b)(3) of title 5, United States Code; and
       ``(B) shall not be made available by any State, political 
     subdivision, or tribal authority pursuant to any State, 
     political subdivision, or tribal law requiring disclosure of 
     information or records.
       ``(2) Designation and sharing of critical electric 
     infrastructure information.--Not later than 1 year after the 
     date of enactment of this section, the Commission, in 
     consultation with the Secretary, shall promulgate such 
     regulations and issue such orders as necessary--
       ``(A) to designate critical electric infrastructure 
     information;
       ``(B) to prohibit the unauthorized disclosure of critical 
     electric infrastructure information; and
       ``(C) to ensure there are appropriate sanctions in place 
     for Commissioners, officers, employees, or agents of the 
     Commission who knowingly and willfully disclose critical 
     electric infrastructure information in a manner that is not 
     authorized under this section.
       ``(3) Considerations.--In promulgating regulations and 
     issuing orders under paragraph (2), the Commission shall take 
     into consideration the role of State commissions in--
       ``(A) reviewing the prudence and cost of investments;
       ``(B) determining the rates and terms of conditions for 
     electric services; and
       ``(C) ensuring the safety and reliability of the bulk-power 
     system and distribution facilities within the respective 
     jurisdictions of the State commissions.
       ``(4) No required sharing of information.--Nothing in this 
     section requires a person or entity in possession of critical 
     electric infrastructure information to share the information 
     with Federal, State, local, or tribal authorities, or any 
     other person or entity.
       ``(5) Disclosure of noncritical electric infrastructure 
     information.--In carrying out this section, the Commission 
     shall segregate critical electric infrastructure information 
     within documents and electronic communications, wherever 
     feasible, to facilitate disclosure of information that is not 
     designated as critical electric infrastructure information.
       ``(d) Security Clearances.--
       ``(1) In general.--The Secretary shall facilitate and, to 
     the extent practicable, expedite the acquisition of adequate 
     security clearances by key personnel of any entity subject to 
     this section, to enable optimum communication with Federal 
     agencies regarding threats to the security of the critical 
     electric infrastructure.
       ``(2) Sharing.--The Secretary, the Commission, and other 
     appropriate Federal agencies

[[Page 13573]]

     shall, to the extent practicable and consistent with the 
     obligations of the Secretary, Commission, and Federal 
     agencies to protect classified and critical electric 
     infrastructure information, share timely actionable 
     information regarding grid security with appropriate key 
     personnel of owners, operators, and users of the critical 
     electric infrastructure.
       ``(e) Clarifications of Liability.--
       ``(1) In general.--Except as provided in paragraph (3), to 
     the extent any action or omission taken by an entity that is 
     necessary to comply with an order for emergency measures 
     issued under subsection (b)(1), including any action or 
     omission taken to voluntarily comply with the order, results 
     in noncompliance with, or causes the entity not to comply 
     with, any rule, order, regulation, or provision of this Act, 
     including any reliability standard approved by the Commission 
     pursuant to section 215, the action or omission shall not be 
     considered a violation of the rule, order, regulation, or 
     provision.
       ``(2) Relationship to other law.--Except as provided in 
     paragraph (3), an action or omission taken by an owner, 
     operator, or user of the bulk-power system to comply with an 
     order for emergency measures issued under subsection (b)(1) 
     shall be treated as an action or omission taken to comply 
     with an order issued under section 202(c) for purposes of 
     section 215.
       ``(3) Administration.--Nothing in this subsection requires 
     dismissal of a cause of action against an entity that, in the 
     course of complying with an order for emergency measures 
     issued under subsection (b)(1) by taking an action or 
     omission for which the entity would be liable but for 
     paragraph (1) or (2), takes the action or omission in a 
     grossly negligent manner.''.
       (b) Conforming Amendments.--Section 201 of the Federal 
     Power Act (16 U.S.C. 824) is amended by inserting ``215A,'' 
     after ``215,'' each place it appears in subsections (b)(2) 
     and (e).
                                 ______
                                 
  SA 2574. Mr. HATCH 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 end, add the following:

       TITLE II--LAW ENFORCEMENT ACCESS TO DATA STORED ABROAD ACT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``The Law Enforcement Access 
     to Data Stored Abroad Act''.
  


     SEC. 202. FINDINGS.

       Congress finds the following:
       (1) The Electronic Communications Privacy Act of 1986 
     (Public Law 99-508; 100 Stat. 1848) (referred to in this 
     section as ``ECPA'') was intended to protect the privacy of 
     electronic communications stored with providers of electronic 
     communications services and remote computing services, while 
     balancing the legitimate needs of law enforcement to access 
     records stored by such providers.
       (2) To strike this balance, ECPA authorized governmental 
     entities to obtain certain categories of communications data 
     from providers using established, pre-existing forms of 
     process--warrants and subpoenas. It also created a new form 
     of court order, in section 2703(d) of title 18, United States 
     Code, that governmental entities could use to obtain 
     additional types of communications data.
       (3) It has been well established that courts in the United 
     States lack the power to issue warrants authorizing 
     extraterritorial searches and seizures, and neither ECPA nor 
     subsequent amendments extended the warrant power of courts in 
     the United States beyond the territorial reach of the United 
     States.
       (4) Nevertheless, Congress also recognizes the legitimate 
     needs of law enforcement agencies in the United States to 
     obtain, through lawful process, electronic communications 
     relevant to criminal investigations related to United States 
     persons wherever that content may be stored. Therefore, this 
     title authorizes the use of search warrants 
     extraterritorially only where the Government seeks to obtain 
     the contents of electronic communications belonging to a 
     United States person.

     SEC. 203. SCOPE AND CLARIFICATION OF WARRANT REQUIREMENT.

       (a) In General.--Chapter 121 of title 18, United States 
     Code, is amended--
       (1) in section 2702(a), by amending paragraph (3) to read 
     as follows:
       ``(3) a provider of remote computing service or electronic 
     communication service to the public shall not knowingly 
     divulge to any governmental entity the contents of any 
     communication described in section 2703(a), or any record or 
     other information pertaining to a subscriber or customer of 
     such service.'';
       (2) in section 2703--
       (A) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Contents of Wire or Electronic Communication in 
     Electronic Storage.--A governmental entity may require the 
     disclosure by a provider of electronic communication service 
     or remote computing service of the contents of a wire or 
     electronic communication that is in electronic storage with 
     or otherwise stored, held, or maintained by the provider only 
     pursuant to a warrant issued using the procedures described 
     in the Federal Rules of Criminal Procedure (or, in the case 
     of a State court, issued using State warrant procedures) by a 
     court of competent jurisdiction. Subject to subsection (b), a 
     warrant issued pursuant to this subsection may be used to 
     require the disclosure of contents of a wire or electronic 
     communication that are in the provider's electronic storage 
     within the United States or otherwise stored, held, or 
     maintained within the United States by the provider.
       ``(b) Warrant Requirements.--A warrant issued under 
     subsection (a) may require the disclosure of the contents of 
     a wire or electronic communication, regardless of where such 
     contents may be in electronic storage or otherwise stored, 
     held, or maintained by the provider, if the account-holder 
     whose contents are sought by the warrant is a United States 
     person. A court issuing a warrant pursuant to this 
     subsection, on a motion made promptly by the service 
     provider, shall modify or vacate such warrant if the court 
     finds that the warrant would require the provider of an 
     electronic communications or remote computing service to 
     violate the laws of a foreign country.'';
       (B) in subsection (d), in the first sentence--
       (i) by striking ``(b) or'';
       (ii) by striking ``the contents of a wire or electronic 
     communication, or''; and
       (iii) by striking ``sought, are'' and inserting ``sought 
     are''; and
       (C) by adding at the end the following:
       ``(h) Rule of Construction.--Nothing in this section or in 
     section 2702 shall be construed to limit the authority of a 
     governmental entity to use an administrative subpoena 
     authorized under a Federal or State statute or to use a 
     Federal or State grand jury, trial, or civil discovery 
     subpoena to--
       ``(1) require an originator, addressee, or intended 
     recipient of an electronic communication to disclose the 
     contents of the electronic communication to the governmental 
     entity; or
       ``(2) require an entity that provides electronic 
     communication services to the officers, directors, employees, 
     or agents of the entity (for the purpose of carrying out 
     their duties) to disclose the contents of an electronic 
     communication to or from an officer, director, employee, or 
     agent of the entity to a governmental entity, if the 
     electronic communication is held, stored, or maintained on an 
     electronic communications system owned or operated by the 
     entity.
       ``(i) Notice.--Except as provided in section 2705, not 
     later than 10 business days after a governmental entity 
     receives the contents of a wire or electronic communication 
     of a subscriber or customer from a provider of electronic 
     communication service or remote computing service under 
     subsection (a), the governmental entity shall serve upon, or 
     deliver to by registered or first-class mail, electronic 
     mail, or other means reasonably calculated to be effective, 
     as specified by the court issuing the warrant, the subscriber 
     or customer--
       ``(1) a copy of the warrant; and
       ``(2) notice that informs the customer or subscriber--
       ``(A) of the nature of the law enforcement inquiry with 
     reasonable specificity; and
       ``(B) that information maintained for the customer or 
     subscriber by the provider of electronic communication 
     service or remote computing service named in the process or 
     request was supplied to, or requested by, the governmental 
     entity.'';
       (3) in section 2704(a)(1), by striking ``section 
     2703(b)(2)'' and inserting ``section 2703'';
       (4) in section 2705--
       (A) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) A governmental entity that is seeking a warrant under 
     section 2703 may include in the application for the warrant a 
     request, which the court shall grant, for an order delaying 
     the notification required under section 2703(i) for a period 
     of not more than 90 days, if the court determines that there 
     is reason to believe that notification of the existence of 
     the warrant may have an adverse result described in paragraph 
     (2) of this subsection.''; and
       (B) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``under section 2703(b)(1)''; and
       (5) in section 2711--
       (A) in paragraph (3)(B) by striking ``warrants; and'' and 
     inserting ``warrants'';
       (B) in paragraph (4) by striking ``thereof.'' and inserting 
     ``thereof; and''; and
       (C) by adding at the end the following:
       ``(5) the term `United States person' means a citizen or 
     permanent resident alien of the United States, or an entity 
     or organization organized under the laws of the United States 
     or a State or political subdivision thereof.''.

     SEC. 204. MUTUAL LEGAL ASSISTANCE TREATY REFORMS.

       (a) Mutual Legal Assistance Treaty Transparency and 
     Efficiency.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall establish--

[[Page 13574]]

       (A) a form for use by a foreign government filing a mutual 
     legal assistance treaty request (referred to in this section 
     as an ``MLAT request''), which shall--
       (i) be made available on the website of the Department of 
     Justice; and
       (ii) require sufficient information and be susceptible for 
     use by a foreign government to provide all the information 
     necessary for the MLAT request; and
       (B) an online docketing system for all MLAT requests, which 
     shall allow a foreign government to track the status of an 
     MLAT request filed by the foreign government.
       (2) Annual publication.--Beginning not later than 1 year 
     after the date of enactment of this Act, and each year 
     thereafter, the Attorney General shall publish on the website 
     of the Department of Justice statistics on--
       (A)(i) the number of MLAT requests made by the Department 
     of Justice to foreign governments for the purpose of 
     obtaining the contents of an electronic communication or 
     other information or records from a provider of electronic 
     communications or remote computing services; and
       (ii) the average length of time taken by foreign 
     governments to process the MLAT requests described in clause 
     (i); and
       (B)(i) the number of MLAT requests made to the Department 
     of Justice by foreign governments for the purpose of 
     obtaining the contents of an electronic communication or 
     other information or records from a provider of electronic 
     communications or remote computing services; and
       (ii) the average length of time taken by the Department of 
     Justice to process the MLAT requests described in clause (i).
       (3) Notice to department of state.--The Attorney General 
     shall notify the Secretary of State not later than 7 days 
     after the date on which disclosure of electronic 
     communications content to a foreign government is made 
     pursuant to an MLAT request.
       (b) Preservation of Records.--The Attorney General may 
     issue a request pursuant to section 2703(f) of title 18, 
     United States Code, upon receipt of an MLAT request that 
     appears to be facially valid.
       (c) Notification to Provider of MLAT Request.--When the 
     Attorney General makes use of the process provided in section 
     2703 of title 18, United States Code, to obtain information 
     from an electronic communications provider or a remote 
     computing provider based on an MLAT request, the Attorney 
     General shall notify that provider in writing that the 
     request has been made pursuant to a mutual legal assistance 
     treaty.

     SEC. 205. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) data localization requirements imposed by foreign 
     governments on data providers are--
       (A) incompatible with the borderless nature of the 
     Internet;
       (B) an impediment to online innovation; and
       (C) unnecessary to meet the needs of law enforcement; and
       (2) the Department of Justice, the Department of State, and 
     the United States Trade Representatives should pursue open 
     data flow policies with foreign nations.
                                 ______
                                 
  SA 2575. Ms. HIRONO 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:

       On page 38, strike lines 7, 8, and 9, and insert the 
     following:
       (A) the date on which the interim policies and procedures 
     are submitted to Congress under section 5(a)(1) and 
     guidelines are submitted to Congress under section 5(b)(1); 
     or
                                 ______
                                 
  SA 2576. Mr. MARKEY 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 51, strike line 8 and insert the following:

     SEC. 10. CYBERSECURITY STANDARDS FOR MOTOR VEHICLES.

       (a) In General.--Chapter 301 of title 49, United States 
     Code, is amended--
       (1) in section 30102(a)--
       (A) by redesignating paragraphs (4) through (11) as 
     paragraphs (10) through (17), respectively;
       (B) by redesignating paragraphs (1) through (3) as 
     paragraphs (4) through (6), respectively;
       (C) by inserting before paragraph (3), as redesignated, the 
     following:
       ``(1) `Administrator' means the Administrator of the 
     National Highway Traffic Safety Administration;
       ``(2) `Commission' means the Federal Trade Commission;
       ``(3) `critical software systems' means software systems 
     that can affect the driver's control of the vehicle 
     movement;''; and
       (D) by inserting after paragraph (6), as redesignated, the 
     following:
       ``(7) `driving data' include, but are not limited to, any 
     electronic information collected about--
       ``(A) a vehicle's status, including, but not limited to, 
     its location or speed; and
       ``(B) any owner, lessee, driver, or passenger of a vehicle;
       ``(8) `entry points' include, but are not limited to, means 
     by which--
       ``(A) driving data may be accessed, directly or indirectly; 
     or
       ``(B) control signals may be sent or received either 
     wirelessly or through wired connections;
       ``(9) `hacking' means the unauthorized access to electronic 
     controls or driving data, either wirelessly or through wired 
     connections;''; and
       (2) by adding at the end the following:

     ``Sec. 30129. Cybersecurity standards

       ``(a) Cybersecurity Standards.--
       ``(1) Requirement.--All motor vehicles manufactured for 
     sale in the United States on or after the date that is 2 
     years after the date on which final regulations are 
     prescribed pursuant to section 10(b)(2) of the Cybersecurity 
     Information Sharing Act of 2015 shall comply with the 
     cybersecurity standards set forth in paragraphs (2) through 
     (4).
       ``(2) Protection against hacking.--
       ``(A) In general.--All entry points to the electronic 
     systems of each motor vehicle manufactured for sale in the 
     United States shall be equipped with reasonable measures to 
     protect against hacking attacks.
       ``(B) Isolation measures.--The measures referred to in 
     subparagraph (A) shall incorporate isolation measures to 
     separate critical software systems from noncritical software 
     systems.
       ``(C) Evaluation.--The measures referred to in 
     subparagraphs (A) and (B) shall be evaluated for security 
     vulnerabilities following best security practices, including 
     appropriate applications of techniques such as penetration 
     testing.
       ``(D) Adjustment.--The measures referred to in 
     subparagraphs (A) and (B) shall be adjusted and updated based 
     on the results of the evaluation described in subparagraph 
     (C).
       ``(3) Security of collected information.--All driving data 
     collected by the electronic systems that are built into motor 
     vehicles shall be reasonably secured to prevent unauthorized 
     access--
       ``(A) while such data are stored onboard the vehicle;
       ``(B) while such data are in transit from the vehicle to 
     another location; and
       ``(C) in any subsequent offboard storage or use.
       ``(4) Detection, reporting, and responding to hacking.--Any 
     motor vehicle that presents an entry point shall be equipped 
     with capabilities to immediately detect, report, and stop 
     attempts to intercept driving data or control the vehicle.
       ``(b) Penalties.--A person that violates this section is 
     liable to the United States Government for a civil penalty of 
     not more than $5,000 for each violation in accordance with 
     section 30165.''.
       (b) Rulemaking.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this Act, the Administrator, after 
     consultation with the Commission, shall issue a Notice of 
     Proposed Rulemaking to carry out section 30129 of title 49, 
     United States Code, as added by subsection (a).
       (2) Final regulations.--Not later than 3 years after the 
     date of the enactment of this Act, the Administrator, after 
     consultation with the Commission, shall issue final 
     regulations to carry out section 30129 of title 49, United 
     States Code, as added by subsection (a).
       (3) Updates.--Not later than 3 years after final 
     regulations are issued pursuant to paragraph (2) and not less 
     frequently than once every 3 years thereafter, the 
     Administrator, after consultation with the Commission, 
     shall--
       (A) review the regulations issued pursuant to paragraph 
     (2); and
       (B) update such regulations, as necessary.
       (c) Clerical Amendment.--The table of sections for chapter 
     301 of title 49, United States Code, is amended by striking 
     the item relating to section 30128 and inserting the 
     following:

``30128. Vehicle rollover prevention and crash mitigation.
``30129. Cybersecurity standards.''.
       (d) Conforming Amendment.--Section 30165(a)(1) of title 49, 
     United States Code, is amended by inserting ``30129,'' after 
     ``30127,''.

     SEC. 11. CYBER DASHBOARD.

       (a) In General.--Section 32302 of title 49, United States 
     Code, is amended by inserting after subsection (b) the 
     following:
       ``(c) Cyber Dashboard.--
       ``(1) In general.--All motor vehicles manufactured for sale 
     in the United States on or after the date that is 2 years 
     after the date on which final regulations are prescribed 
     pursuant to section 11(b)(2) of the Cybersecurity Information 
     Sharing Act of 2015 shall display a `cyber dashboard', as a 
     component of the label required to be affixed to each motor 
     vehicle under section 32908(b).
       ``(2) Features.--The cyber dashboard required under 
     paragraph (1) shall inform consumers, through an easy-to-
     understand, standardized graphic, about the extent to which 
     the motor vehicle protects the cybersecurity and privacy of 
     motor vehicle owners, lessees, drivers, and passengers beyond

[[Page 13575]]

     the minimum requirements set forth in section 30129 of this 
     title and in section 27 of the Federal Trade Commission 
     Act.''.
       (b) Rulemaking.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this Act, the Administrator, after 
     consultation with the Commission, shall prescribe regulations 
     for the cybersecurity and privacy information required to be 
     displayed under section 32302(c) of title 49, United States 
     Code, as added by subsection (a).
       (2) Final regulations.--Not later than 3 years after the 
     date of the enactment of this Act, the Administrator, after 
     consultation with the Commission, shall issue final 
     regulations to carry out section 32302 of title 49, United 
     States Code, as added by subsection (a).
       (3) Updates.--Not less frequently than once every 3 years, 
     the Administrator, after consultation with the Commission, 
     shall--
       (A) review the regulations issued pursuant to paragraph 
     (2); and
       (B) update such regulations, as necessary.

     SEC. 12. PRIVACY STANDARDS FOR MOTOR VEHICLES.

       (a) In General.--The Federal Trade Commission Act (15 
     U.S.C. 41 et seq.) is amended by inserting after section 26 
     (15 U.S.C. 57c-2) the following:

     ``SEC. 27. PRIVACY STANDARDS FOR MOTOR VEHICLES.

       ``(a) In General.--All motor vehicles manufactured for sale 
     in the United States on or after the date that is 2 years 
     after the date on which final regulations are prescribed 
     pursuant to subsection (e) shall comply with the features 
     required under subsections (b) through (d).
       ``(b) Transparency.--Each motor vehicle shall provide clear 
     and conspicuous notice, in clear and plain language, to the 
     owners or lessees of such vehicle of the collection, 
     transmission, retention, and use of driving data collected 
     from such motor vehicle.
       ``(c) Consumer Control.--
       ``(1) In general.--Subject to paragraphs (2) and (3), 
     owners or lessees of motor vehicles shall be given the option 
     of terminating the collection and retention of driving data.
       ``(2) Access to navigation tools.--If a motor vehicle owner 
     or lessee decides to terminate the collection and retention 
     of driving data under paragraph (1), the owner or lessee 
     shall not lose access to navigation tools or other features 
     or capabilities, to the extent technically possible.
       ``(3) Exception.--Paragraph (1) shall not apply to driving 
     data stored as part of the electronic data recorder system or 
     other safety systems on-board the motor vehicle that are 
     required for post-incident investigations, emissions history 
     checks, crash avoidance or mitigation, or other regulatory 
     compliance programs.
       ``(d) Limitation on Use of Personal Driving Information.--
       ``(1) In general.--A manufacturer (including an original 
     equipment manufacturer) may not use any information collected 
     by a motor vehicle for advertising or marketing purposes 
     without affirmative express consent by the owner or lessee.
       ``(2) Requests.--Consent requests under paragraph (1)--
       ``(A) shall be clear and conspicuous;
       ``(B) shall be made in clear and plain language; and
       ``(C) may not be a condition for the use of any 
     nonmarketing feature, capability, or functionality of the 
     motor vehicle.
       ``(e) Enforcement.--A violation of this section shall be 
     treated as an unfair and deceptive act or practice in 
     violation of a rule prescribed under section 18(a)(1)(B).''.
       (b) Rulemaking.--
       (1) In general.--Not later than 18 months after the date of 
     the enactment of this Act, the Commission, after consultation 
     with the Administrator of the National Highway Traffic Safety 
     Administration (referred to in this subsection as the 
     ``Administrator''), shall prescribe regulations, in 
     accordance with section 553 of title 5, United States Code, 
     to carry out section 27 of the Federal Trade Commission Act, 
     as added by subsection (a).
       (2) Final regulations.--Not later than 3 years after the 
     date of the enactment of this Act, the Commission, after 
     consultation with the Administrator, shall issue final 
     regulations, in accordance with section 553 of title 5, 
     United States Code, to carry out section 27 of the Federal 
     Trade Commission Act, as added by subsection (a).
       (3) Updates.--Not less frequently than once every 3 years, 
     the Commission, after consultation with the Administrator, 
     shall--
       (A) review the regulations prescribed pursuant to paragraph 
     (2); and
       (B) update such regulations, as necessary.

     SEC. 13. CONFORMING AMENDMENTS.

                                 ______
                                 
  SA 2577. Mr. MARKEY 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 17, between lines 18 and 19, insert the following:
       (B) Prohibition on use for purposes other than 
     cybersecurity purposes.--A private entity may not use a cyber 
     threat indicator or a defensive measure received under this 
     section for any other purpose than as authorized in 
     subparagraph (A), including for commercial, marketing, and 
     sales purposes not authorized in subparagraph (A).
                                 ______
                                 
  SA 2578. Mr. VITTER (for himself and Mr. Tester) 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. ___. REVIEW AND UPDATE OF GUIDANCE REGARDING SECURITY 
                   CLEARANCES FOR CERTAIN SENATE EMPLOYEES.

       (a) Definitions.--In this section--
       (1) the term ``covered committee of the Senate'' means--
       (A) the Committee on Armed Services of the Senate;
       (B) the Committee on Foreign Relations of the Senate;
       (C) the Subcommittee on Defense of the Committee on 
     Appropriations of the Senate;
       (D) the Subcommittee on State, Foreign Operations, and 
     Related Programs of the Committee on Appropriations of the 
     Senate;
       (E) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (F) the Committee on the Judiciary of the Senate;
       (2) the term ``covered Member of the Senate'' means a 
     Member of the Senate who serves on a covered committee of the 
     Senate; and
       (3) the term ``Senate employee'' means an employee whose 
     pay is disbursed by the Secretary of the Senate.
       (b) Review of Procedures.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this Act, the Director of Senate Security, in 
     coordination with the Director of National Intelligence and 
     the Chairperson of the Suitability and Security Clearance 
     Performance Accountability Council established under 
     Executive Order 13467 (73 Fed. Reg. 38103), shall--
       (A) conduct a review of whether procedures in effect enable 
     1 Senate employee designated by each covered Member of the 
     Senate to obtain security clearances necessary for access to 
     classified national security information, including top 
     secret and sensitive compartmentalized information, if the 
     Senate employee meets the criteria for such clearances; and
       (B) if the Director of Senate Security, in coordination 
     with the Director of National Intelligence and the 
     Chairperson of the Suitability and Security Clearance 
     Performance Accountability Council established under 
     Executive Order 13467 (73 Fed. Reg. 38103), determines the 
     procedures described in subparagraph (A) are inadequate, 
     issue guidelines on the establishment and implementation of 
     such procedures.
       (2) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Director of Senate Security shall 
     submit to each covered committee of the Senate a report 
     regarding the review conducted under paragraph (1)(A) and 
     guidance, if any, issued under paragraph (1)(B).
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to alter--
       (1) the rule of the Information Security Oversight Office 
     implementing Standard Form 312, which Members of Congress 
     sign in order to be permitted to access classified 
     information;
       (2) the requirement that Members of the Senate satisfy the 
     ``need-to-know'' requirement to access classified 
     information;
       (3) the scope of the jurisdiction of any committee or 
     subcommittee of the Senate; or
       (4) the inherent authority of the executive branch of the 
     Government, the Office of Senate Security, any Committee of 
     the Senate, or the Department of Defense to determine 
     recipients of all classified information.
                                 ______
                                 
  SA 2579. Mr. VITTER 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. ___. SMALL BUSINESS CYBER SECURITY OPERATIONS CENTER.

       (a) Findings.--Congress finds the following:
       (1) The Federal Government has been hit by a barrage of 
     high-profile cyber assaults over the past year, including the 
     attacks on the Office of Personnel Management and the 
     Department of State.
       (2) These attacks exposed the most sensitive personal 
     information of millions of Federal employees and their 
     families.
       (3) The President has instituted emergency procedures to 
     immediately deploy so-called indicators, or tell-tale signs 
     of cybercrime operations, into agency anti-malware tools.
       (4) According to the Federal Bureau of Investigation, small 
     business concerns have

[[Page 13576]]

     lost more than $1,000,000,000 during the period beginning 
     October 2013 and ending June 2015 as a result of cyber 
     corporate account takeover and business email fraud.
       (5) The Federal Government leverages the creative genius of 
     small business concerns across the country to accomplish its 
     missions.
       (6) The Federal Acquisition Regulations dictates that a 
     percentage of all Federal Government acquisition be set aside 
     for small business concerns.
       (7) Over 90 percent of small business concerns use the 
     Internet through the course of their activities to conduct 
     business.
       (8) Small business concerns tend to have weaker online 
     security and do not have necessary funding for high-end 
     encryption technology or staff expertise.
       (9) Industry reports indicate that 30 percent of cyber 
     attacks target small business concerns and of those 
     businesses that are attacked, 59 percent have no contingency 
     plan, while according to a First Data report, the average 
     cost for a data breach at a small business concern is $36,000 
     and rising annually.
       (10) A 2012 Verizon study shows that in 855 data breaches 
     examined, 71 percent occurred in businesses with fewer than 
     100 employees.
       (11) Small business concerns are increasingly attacked with 
     data breaches and ransomware, where an attacker encrypts the 
     businesses data until a ransom is paid to the attacker.
       (12) It is imperative that small business concerns are 
     provided improved secured guidance to limit negative impacts 
     on the economy of the United States.
       (13) There is a vast cyber threat facing the business 
     sector of the United States, which poses a direct threat 
     against the national security of the United States, the 
     Department of Defense, private industry, and critical 
     infrastructure components.
       (14) The current layer of protection from cyber threats 
     does not exist for small business concerns.
       (b) Definitions.--In this section--
       (1) the term ``Center'' means the Small Business Cyber 
     Security Operations Center established under subsection (c);
       (2) the term ``cyber lab'' means--
       (A) a Joint Cyber Training Lab; and
       (B) a facility that works in conjunction with the National 
     Guard Cyber Teams;
       (3) the term ``Secretary'' means the Secretary of Homeland 
     Security; and
       (4) the term ``small business concern'' has the meaning 
     given that term under section 3 of the Small Business Act (15 
     U.S.C. 632).
       (c) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall begin carrying out 
     a 3-year pilot program to establish a cybersecurity 
     operations center for small business concerns, to be known as 
     the Small Business Cyber Security Operations Center.
       (d) Part of Existing Center.--The Secretary shall establish 
     the Center as part of and co-locate the Center with a center 
     providing situational awareness information to businesses on 
     the date of enactment of this Act.
       (e) Duties.--The Center shall--
       (1) work with cyber labs to provide realistic scenario 
     based training to network managers and security personnel of 
     small business concerns, including monitoring, detection, 
     analysis (such as trend and pattern analysis), and response 
     and restoration activities;
       (2) provide periodic 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--
       (A) the Federal Government;
       (B) the Business Emergency Operations Center operated by 
     the Federal Emergency Management Agency; and
       (C) other technology and cyber research centers, as 
     determined appropriate by the Secretary;
       (3) collaborate with private industry, academia, and the 
     Department of Defense to develop a secure business supply 
     chain which is capable of adapting, evolving, and responding 
     to emergent cybersecurity threats;
       (4) review and develop the necessary tools to--
       (A) facilitate security information flow and mitigation 
     actions;
       (B) provide cyber attack sensing, warning, and response 
     services;
       (5) place an emphasis on accessibility and relevance to 
     small business concerns; and
       (6) review the policy limitations and restrictions on 
     information sharing relating to cybersecurity.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $2,000,000 for each of fiscal years 
     2016 through 2019, to remain available until expended.
       (2) Offset.--Section 21(a)(4)(C)(vii) of the Small Business 
     Act (15 U.S.C. 648(a)(4)(C)(vii)) is amended--
       (A) in subclause (I), by striking ``and'' at the end;
       (B) in subclause (II), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:

       ``(III) $133,000,000 for each of fiscal years 2016 through 
     2019.''.

                                 ______
                                 
  SA 2580. Mr. FLAKE 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:

       Beginning on page 46, strike line 10 and all that follows 
     through page 47, line 12, and insert the following:
       (3) to require a new information sharing relationship 
     between any entity and the Federal Government or another 
     entity; or
       (4) to require the use of the capability and process within 
     the Department of Homeland Security developed under section 
     5(c).
       (g) Preservation of Contractual Obligations and Rights.--
     Nothing in this Act 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 Act shall be 
     construed to permit the Federal Government--
       (1) to require an entity to provide information to the 
     Federal Government or anther entity;
       (2) to condition the sharing of cyber threat indicators 
     with an entity on such entity's provision of cyber threat 
     indicators to the Federal Government 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.
                                 ______
                                 
  SA 2581. Mr. COTTON 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 29, strike line 9 and insert the following:

     authority regarding a cybersecurity threat; and
       (iii) communications between a private entity and the 
     Federal Bureau of Investigation or the United States Secret 
     Service regarding a cybersecurity threat;
                                 ______
                                 
  SA 2582. Mr. FLAKE (for himself and Mr. Franken) 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 end, add the following:

     SEC. 11. EFFECTIVE PERIOD.

       (a) In General.--Except as provided in subsection (b), this 
     Act and the amendments made by this Act shall be in effect 
     during the 6-year period beginning on the date of the 
     enactment of this Act.
       (b) Exception.--With respect to any action authorized by 
     this Act or information obtained pursuant to an action 
     authorized by this Act, which occurred before the date on 
     which the provisions referred to in subsection (a) cease to 
     have effect, the provisions of this Act shall continue in 
     effect.
                                 ______
                                 
  SA 2583. Ms. BALDWIN 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:

       In section 7(a)(2), by striking subparagraph (F) and 
     inserting the following:
       (F) A review of actions taken by the Federal Government 
     based on cyber threat indicators shared with the Federal 
     Government under this Act, including--
       (i) the number of actions taken by each agency, department, 
     or component of the Federal Government with which the cyber 
     threat indicators were shared;
       (ii) the specific purpose under section 5(d)(5)(A) for 
     which the cyber threat indicators were disclosed to, retained 
     by, or used by each agency, department, or component of the 
     Federal Government; and
       (iii) the appropriateness of any subsequent retention, use, 
     or dissemination of such cyber threat indicators by a Federal 
     entity under section 5.
       In section 7(b)(2)(B), by striking clause (ii) and 
     inserting the following:
       (ii) A review of the actions taken by Federal entities as a 
     result of the receipt of such cyber threat indicators, 
     including the number of actions taken by each Federal entity 
     and the specific purpose under section 5(d)(5)(A) for which 
     cyber threat indicators were disclosed to, retained by, or 
     used by each Federal entity.
                                 ______
                                 
  SA 2584. Mr. BLUMENTHAL submitted an amendment intended to be

[[Page 13577]]

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 44, between lines 5 and 6, insert the following:
       (c) Private Right of Action for Violations by Federal 
     Entities of Restrictions on Disclosure, Use, and Protection 
     of Voluntarily Shared Cyber Threat Indicators.--
       (1) In general.--If a department or agency of the Federal 
     Government knowingly or recklessly violates the requirements 
     of this Act with respect to the disclosure, use, or 
     protection of voluntarily shared cyber threat indicators, the 
     United States shall be liable to a person adversely affected 
     by such violation in an amount equal to the sum of--
       (A) the actual damages sustained by the person as a result 
     of the violation or $50,000, whichever is greater; and
       (B) the costs of the action together with reasonable 
     attorney fees as determined by the court.
       (2) Venue.--An action to enforce liability created under 
     this subsection may be brought in the district court of the 
     United States in--
       (A) the district in which the complainant resides;
       (B) the district in which the principal place of business 
     of the complainant is located;
       (C) the district in which the department or agency of the 
     Federal Government that disclosed the information is located; 
     or
       (D) the District of Columbia.
       (3) Statute of limitations.--No action shall lie under this 
     subsection unless such action is commenced not later than two 
     years after the person adversely affected by a violation 
     described in paragraph (1) first learns, or by which such 
     person reasonably should have learned, of the facts and 
     circumstances giving rise to the action.
                                 ______
                                 
  SA 2585. Mr. BLUMENTHAL 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 44, between lines 5 and 6, insert the following:
       (c) Private Right of Action for Violations by Federal 
     Entities of Restrictions on Disclosure, Use, and Protection 
     of Voluntarily Shared Cyber Threat Indicators.--
       (1) In general.--If a department or agency of the Federal 
     Government knowingly or recklessly violates the requirements 
     of this Act with respect to the disclosure, use, or 
     protection of voluntarily shared cyber threat indicators, the 
     United States shall be liable to a person adversely affected 
     by such violation in an amount equal to the sum of--
       (A) the actual damages sustained by the person as a result 
     of the violation or $1,000, whichever is greater; and
       (B) the costs of the action together with reasonable 
     attorney fees as determined by the court.
       (2) Venue.--An action to enforce liability created under 
     this subsection may be brought in the district court of the 
     United States in--
       (A) the district in which the complainant resides;
       (B) the district in which the principal place of business 
     of the complainant is located;
       (C) the district in which the department or agency of the 
     Federal Government that disclosed the information is located; 
     or
       (D) the District of Columbia.
       (3) Statute of limitations.--No action shall lie under this 
     subsection unless such action is commenced not later than two 
     years after the person adversely affected by a violation 
     described in paragraph (1) first learns, or by which such 
     person reasonably should have learned, of the facts and 
     circumstances giving rise to the action.
  

                                 ______
                                 
  SA 2586. Mr. HEINRICH (for himself and Ms. Hirono) 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 51, strike lines 9 through 19.
                                 ______
                                 
  SA 2587. Mr. LEAHY 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:

       Beginning on page 32, strike line 17 and all that follows 
     through page 33, line 5.
                                 ______
                                 
  SA 2588. Mrs. BOXER 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 of section 7, insert the following:
       (c) Annual Data Security Certification.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act and not less frequently than 
     annually thereafter, the Director of the Office of Management 
     and Budget shall certify the adequacy of the security 
     controls utilized by Federal entities to protect information 
     shared or received under this Act.
       (2) Contents.--Each certificate issued by the Director 
     under paragraph (1) shall include a description of the 
     adequacy of the security controls of each Federal entity 
     based on--
       (A) a review of the annual reports and evaluations 
     submitted under sections 3554(c) and 3555 of title 44, United 
     States Code; and
       (B) any additional certification requirements determined 
     necessary by the Director.
       (3) Actions if inadequate security controls are detected.--
       (A) In general.--If the Director determines the security 
     controls of a Federal entity are not adequate to protect the 
     information shared or received under this Act, the Director 
     shall submit to such Federal entity, in writing, a notice of 
     the actions the Federal entity shall take in order to ensure 
     that the information is adequately protected.
       (B) Schedule and explanation.--Not later than 30 days after 
     the date the Director submits a notice under subparagraph 
     (A), the Federal entity shall--
       (i) take the actions required by the notice; or
       (ii) submit to the Director and the appropriate committees 
     of Congress, in writing, an explanation of why such actions 
     have not been taken and an estimate of the number of days 
     until such actions shall be taken.
       (C) Appropriate committees of congress.--In this paragraph, 
     the term ``appropriate committees of Congress'' means the 
     following:
       (i) The Committee on Commerce, Science, and Transportation, 
     the Committee on Homeland Security and Governmental Affairs, 
     and the Select Committee on Intelligence of the Senate.
       (ii) The Committee on Homeland Security, the Permanent 
     Select Committee on Intelligence, the Committee on Oversight 
     and Government Reform, and the Committee on Science, Space, 
     and Technology of the House of Representatives.
       (4) Form.--Each certification, notice, and explanation 
     required under this subsection shall be submitted in 
     unclassified form, but may include a classified annex.
                                 ______
                                 
  SA 2589. Mr. MURPHY (for himself and Mr. Hatch) 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 end, add the following:

     SEC. __. JUDICIAL REDRESS.

       (a) Short Title.--This section may be cited as the 
     ``Judicial Redress Act of 2015''.
       (b) Extension of Privacy Act Remedies to Citizens of 
     Designated Countries.--
       (1) Civil action; civil remedies.--With respect to covered 
     records, a covered person may bring a civil action against an 
     agency and obtain civil remedies, in the same manner, to the 
     same extent, and subject to the same limitations, including 
     exemptions and exceptions, as an individual may bring and 
     obtain with respect to records under--
       (A) section 552a(g)(1)(D) of title 5, United States Code, 
     but only with respect to disclosures intentionally or 
     willfully made in violation of section 552a(b) of such title; 
     and
       (B) subparagraphs (A) and (B) of section 552a(g)(1) of 
     title 5, United States Code, but such an action may only be 
     brought against a designated Federal agency or component.
       (2) Exclusive remedies.--The remedies set forth in 
     paragraph (1) are the exclusive remedies available to a 
     covered person under this subsection.
       (3) Application of the privacy act with respect to a 
     covered person.--For purposes of a civil action described in 
     paragraph (1), a covered person shall have the same rights, 
     and be subject to the same limitations, including exemptions 
     and exceptions, as an individual has and is subject to under 
     section 552a of title 5, United States Code, when pursuing 
     the civil remedies described in subparagraphs (A) and (B) of 
     paragraph (1).
       (4) Designation of covered country.--
       (A) In general.--The Attorney General may, with the 
     concurrence of the Secretary of State, the Secretary of the 
     Treasury, and the Secretary of Homeland Security, designate a 
     foreign country or regional economic integration 
     organization, or member country of such organization, as a 
     ``covered country'' for purposes of this subsection if--
       (i) the country or regional economic integration 
     organization, or member country of

[[Page 13578]]

     such organization, has entered into an agreement with the 
     United States that provides for appropriate privacy 
     protections for information shared for the purpose of 
     preventing, investigating, detecting, or prosecuting criminal 
     offenses; or
       (ii) the Attorney General has determined that the country 
     or regional economic integration organization, or member 
     country of such organization, has effectively shared 
     information with the United States for the purpose of 
     preventing, investigating, detecting, or prosecuting criminal 
     offenses and has appropriate privacy protections for such 
     shared information.
       (B) Removal of designation.--The Attorney General may, with 
     the concurrence of the Secretary of State, the Secretary of 
     the Treasury, and the Secretary of Homeland Security, revoke 
     the designation of a foreign country or regional economic 
     integration organization, or member country of such 
     organization, as a ``covered country'' if the Attorney 
     General determines that such designated ``covered country''--
       (i) is not complying with the agreement described under 
     subparagraph (A)(i);
       (ii) no longer meets the requirements for designation under 
     subparagraph (A)(ii); or
       (iii) impedes the transfer of information (for purposes of 
     reporting or preventing unlawful activity) to the United 
     States by a private entity or person.
       (5) Designation of designated federal agency or 
     component.--
       (A) In general.--The Attorney General shall determine 
     whether an agency or component thereof is a ``designated 
     Federal agency or component'' for purposes of this 
     subsection. The Attorney General shall not designate any 
     agency or component thereof other than the Department of 
     Justice or a component of the Department of Justice without 
     the concurrence of the head of the relevant agency, or of the 
     agency to which the component belongs.
       (B) Requirements for designation.--The Attorney General may 
     determine that an agency or component of an agency is a 
     ``designated Federal agency or component'' for purposes of 
     this subsection, if--
       (i) the Attorney General determines that information 
     exchanged by such agency with a covered country is within the 
     scope of an agreement referred to in paragraph (4)(A)(i); or
       (ii) with respect to a country or regional economic 
     integration organization, or member country of such 
     organization, that has been designated as a ``covered 
     country'' under paragraph (4)(A)(ii), the Attorney General 
     determines that designating such agency or component thereof 
     is in the law enforcement interests of the United States.
       (6) Federal register requirement; nonreviewable 
     determination.--The Attorney General shall publish each 
     determination made under paragraphs (4) and (5). Such 
     determination shall not be subject to judicial or 
     administrative review.
       (7) Jurisdiction.--The United States District Court for the 
     District of Columbia shall have exclusive jurisdiction over 
     any claim arising under this subsection.
       (8) Definitions.--In this section:
       (A) Agency.--The term ``agency'' has the meaning given that 
     term in section 552(f) of title 5, United States Code.
       (B) Covered country.--The term ``covered country'' means a 
     country or regional economic integration organization, or 
     member country of such organization, designated in accordance 
     with paragraph (4).
       (C) Covered person.--The term ``covered person'' means a 
     natural person (other than an individual) who is a citizen of 
     a covered country.
       (D) Covered record.--The term ``covered record'' has the 
     same meaning for a covered person as a record has for an 
     individual under section 552a of title 5, United States Code, 
     once the covered record is transferred--
       (i) by a public authority of, or private entity within, a 
     country or regional economic organization, or member country 
     of such organization, which at the time the record is 
     transferred is a covered country; and
       (ii) to a designated Federal agency or component for 
     purposes of preventing, investigating, detecting, or 
     prosecuting criminal offenses.
       (E) Designated federal agency or component.--The term 
     ``designated Federal agency or component'' means a Federal 
     agency or component of an agency designated in accordance 
     with paragraph (5).
       (F) Individual.--The term ``individual'' has the meaning 
     given that term in section 552a(a)(2) of title 5, United 
     States Code.
       (9) Preservation of privileges.--Nothing in this subsection 
     shall be construed to waive any applicable privilege or 
     require the disclosure of classified information. Upon an 
     agency's request, the district court shall review in camera 
     and ex parte any submission by the agency in connection with 
     this paragraph.
       (10) Effective date.--This section shall take effect 90 
     days after the date of the enactment of this Act.
                                 ______
                                 
  SA 2590. Mr. CARDIN (for himself, Ms. Mikulski, Mr. Warner, Mr. 
Kaine, and Ms. Baldwin) 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. __. RECOVER ACT.

       (a) Short Title.--This section may be cited as the 
     ``Reducing the Effects of the Cyberattack on OPM Victims 
     Emergency Response Act of 2015'' or the ``RECOVER Act''.
       (b) Definition.--In this section, the term ``affected 
     individual'' means any individual whose personally 
     identifiable information was compromised during--
       (1) the data breach of personnel records of current and 
     former Federal employees, at a network maintained by the 
     Department of the Interior, that was announced by the Office 
     of Personnel Management on June 4, 2015; or
       (2) the data breach of systems of the Office of Personnel 
     Management containing information related to the background 
     investigations of current, former, and prospective Federal 
     employees, and of other individuals.
       (c) Identity Protection Coverage for Individuals Affected 
     by Federal Agency Data Breaches.--The Office of Personnel 
     Management shall provide to each affected individual 
     complimentary identity protection coverage that--
       (1) is not less comprehensive than the complimentary 
     identify protection coverage that the Office provided to 
     affected individuals before the date of enactment of this 
     Act;
       (2) is effective for the remainder of the life of the 
     individual; and
       (3) includes not less than $5,000,000 in identity theft 
     insurance.
                                 ______
                                 
  SA 2591. Mr. SANDERS 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 end, add the following:

       TITLE II--COMMISSION ON PRIVACY RIGHTS IN THE DIGITAL AGE

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Commission on Privacy 
     Rights in the Digital Age Act of 2015''.

     SEC. 202. FINDINGS.

       Congress makes the following findings:
       (1) Today, technology that did not exist 30 years ago 
     pervades every aspect of life in the United States.
       (2) Nearly \2/3\ of adults in the United States own a 
     smartphone, and 43 percent of adults in the United States 
     rely solely on their cell phone for telephone use.
       (3) 84 percent of households in the United States own a 
     computer and 73 percent of households in the United States 
     have a computer with an Internet broadband connection.
       (4) Federal policies on privacy protection have not kept 
     pace with the rapid expansion of technology.
       (5) Innovations in technology have led to the exponential 
     expansion of data collection by both the public and private 
     sectors.
       (6) Consumers are often unaware of the collection of their 
     data and how their information can be collected, bought, and 
     sold by private companies.

     SEC. 203. PURPOSE.

       The purpose of this title is to establish, for a 2-year 
     period, a Commission on Privacy Rights in the Digital Age 
     to--
       (1) examine--
       (A) the ways in which public agencies and private companies 
     gather data on the people of the United States; and
       (B) the ways in which that data is utilized, either 
     internally or externally; and
       (2) make recommendations concerning potential policy 
     changes needed to safeguard the privacy of the people of the 
     United States.

     SEC. 204. COMPOSITION OF THE COMMISSION.

       (a) Establishment.--To carry out the purpose of this title, 
     there is established in the legislative branch a Commission 
     on Privacy Rights in the Digital Age (in this title referred 
     to as the ``Commission'').
       (b) Composition.--The Commission shall be composed of 13 
     members, as follows:
       (1) Five members appointed by the President, of whom--
       (A) 2 shall be appointed from the executive branch of the 
     Government; and
       (B) 3 shall be appointed from private life.
       (2) Two members appointed by the majority leader of the 
     Senate, of whom--
       (A) 1 shall be a Member of the Senate; and
       (B) 1 shall be appointed from private life.
       (3) Two members appointed by the minority leader of the 
     Senate, of whom--
       (A) 1 shall be a Member of the Senate; and
       (B) 1 shall be appointed from private life.
       (4) Two members appointed by the Speaker of the House of 
     Representatives, of whom--
       (A) 1 shall be a Member of the House; and
       (B) 1 shall be appointed from private life.
       (5) Two members appointed by the minority leader of the 
     House of Representatives, of whom--
       (A) 1 shall be a Member of the House; and

[[Page 13579]]

       (B) 1 shall be appointed from private life.
       (c) Chairperson.--The Commission shall elect a Chairperson 
     and Vice-Chairperson from among its members.
       (d) Meetings; Quorum; Vacancies.--
       (1) Meetings.--After its initial meeting, the Commission 
     shall meet upon the call of the Chairperson or a majority of 
     its members.
       (2) Quorum.--Seven members of the Commission shall 
     constitute a quorum.
       (3) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers but shall be filled in the same manner in 
     which the original appointment was made.
       (e) Appointment of Members; Initial Meeting.--
       (1) Appointment of members.--Each member of the Commission 
     shall be appointed not later than 60 days after the date of 
     enactment of this Act.
       (2) Initial meeting.--On or after the date on which all 
     members of the Commission have been appointed, and not later 
     than 60 days after the date of enactment of this Act, the 
     Commission shall hold its initial meeting.

     SEC. 205. DUTIES OF THE COMMISSION.

       The Commission shall--
       (1) conduct an investigation of relevant facts and 
     circumstances relating to the expansion of data collection 
     and surveillance practices in the public, private, and 
     national security sectors, including implications for--
       (A) constitutional and statutory rights of privacy;
       (B) transparency, as it relates to--
       (i) government practices;
       (ii) consumers; and
       (iii) shareholders;
       (C) waste, fraud, and abuse; and
       (D) the effectiveness of congressional oversight; and
       (2) submit to the President and Congress reports containing 
     findings, conclusions, and recommendations for corrective 
     measures relating to the facts and circumstances investigated 
     under paragraph (1), in accordance with section 212.

     SEC. 206. POWERS OF THE COMMISSION.

       (a) In General.--
       (1) Hearings and evidence.--The Commission or, at its 
     direction, any subcommittee or member of the Commission, may, 
     for the purpose of carrying out this title--
       (A) hold such hearings, sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Commission or such subcommittee 
     or member determines advisable; and
       (B) subject to paragraph (2)(A), require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such books, records, correspondence, 
     memoranda, papers, documents, tapes, and materials as the 
     Commission or such subcommittee or member determines 
     advisable.
       (2) Subpoenas.--
       (A) Issuance.--
       (i) In general.--A subpoena may be issued under paragraph 
     (1) only--

       (I) by the agreement of the Chairperson and the Vice 
     Chairperson; or
       (II) by the affirmative vote of 8 members of the 
     Commission.

       (ii) Signature.--Subject to clause (i), a subpoena issued 
     under paragraph (1) may--

       (I) be issued under the signature of--

       (aa) the Chairperson; or
       (bb) a member designated by a majority of the Commission; 
     and

       (II) be served by--

       (aa) any person designated by the Chairperson; or
       (bb) a member designated by a majority of the Commission.
       (B) Enforcement.--
       (i) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under paragraph (1), the United States 
     district court for the judicial district in which the 
     subpoenaed person resides, is served, or may be found, or 
     where the subpoena is returnable, may issue an order 
     requiring such person to appear at any designated place to 
     testify or to produce documentary or other evidence.
       (ii) Contempt of court.--Any failure to obey the order of 
     the court under clause (i) may be punished by the court as a 
     contempt of that court.
       (3) Witness allowances and fees.--
       (A) In general.--Section 1821 of title 28, United States 
     Code, shall apply to witnesses requested or subpoenaed to 
     appear at any hearing of the Commission.
       (B) Source of funds.--The per diem and mileage allowances 
     for witnesses shall be paid from funds available to pay the 
     expenses of the Commission.
       (b) Contracting.--The Commission may, to such extent and in 
     such amounts as are provided in appropriations Acts, enter 
     into contracts to enable the Commission to discharge its 
     duties under this title.
       (c) Information From Federal Agencies.--
       (1) In general.--The Commission may secure directly from 
     any Federal department or agency such information as the 
     Commission considers necessary to carry out this title.
       (2) Furnishing of information.--If the Chairperson, the 
     chairperson of any subcommittee created by a majority of the 
     Commission, or any member designated by a majority of the 
     Commission submits to a Federal department or agency a 
     request for information under paragraph (1), the head of the 
     department or agency shall, to the extent authorized by law, 
     furnish the information directly to the Commission.
       (3) Receipt, handling, storage, and dissemination.--
     Information furnished under paragraph (2) shall only be 
     received, handled, stored, and disseminated by members of the 
     Commission and its staff consistent with all applicable 
     statutes, regulations, and executive orders.
       (d) Assistance From Federal Agencies.--
       (1) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the Commission's functions.
       (2) Other departments and agencies.--In addition to the 
     assistance provided under paragraph (1), departments and 
     agencies of the United States may provide to the Commission 
     such services, funds, facilities, staff, and other support 
     services as the departments and agencies may determine 
     advisable and as authorized by law.
       (e) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as a department or agency of the United States.

     SEC. 207. WHISTLEBLOWER PROTECTION.

       (a) Discharge or Discrimination Prohibited.--No employer 
     may discharge, demote, suspend, threaten, harass, or 
     otherwise discriminate against an employee with respect to 
     the terms and conditions of employment because the employee, 
     or any person acting pursuant to a request of the employee--
       (1) commenced, caused to be commenced, or is about to 
     commence or cause to be commenced a proceeding with the 
     Commission under this title;
       (2) testified or is preparing to testify in a proceeding 
     described in paragraph (1);
       (3) lawfully assisted or is preparing to lawfully assist in 
     any manner in a proceeding described in paragraph (1) or in 
     any other action to carry out the purposes of this title; or
       (4) refuses to violate the provisions of this title.
       (b) Enforcement Action.--
       (1) In general.--An employee who alleges discharge or other 
     discrimination by an employer in violation of subsection (a) 
     may seek relief under subsection (c) by--
       (A) filing a complaint with the Secretary of Labor; or
       (B) if the Secretary of Labor has not issued a final 
     decision within 180 days of the filing of the complaint and 
     there is no showing that such delay is due to the bad faith 
     of the claimant, bringing an action at law or equity for de 
     novo review in the appropriate district court of the United 
     States, which shall have jurisdiction over such an action 
     without regard to the amount in controversy.
       (2) Procedure.--
       (A) In general.--A complaint filed under paragraph (1)(A) 
     shall be governed under the rules and procedures set forth in 
     section 42121(b) of title 49, United States Code.
       (B) Exception.--Notification made under section 42121(b)(1) 
     of title 49, United States Code, shall be made to any 
     individual named in the complaint and to the employer.
       (C) Burdens of proof.--An action brought under paragraph 
     (1)(B) shall be governed by the legal burdens of proof set 
     forth in section 42121(b) of title 49, United States Code.
       (D) Statute of limitations.--A complaint under paragraph 
     (1)(A) shall be filed not later than 180 days after the date 
     on which the violation occurs, or after the date on which the 
     employee became aware of the violation.
       (E) Jury trial.--A party to an action brought under 
     paragraph (1)(B) shall be entitled to trial by jury.
       (c) Remedies.--
       (1) In general.--An employee prevailing in any action under 
     subsection (b)(1) shall be entitled to all relief necessary 
     to make the employee whole.
       (2) Compensatory damages.--Relief for any action under 
     paragraph (1) shall include--
       (A) reinstatement with the same seniority status that the 
     employee would have had, but for the discrimination;
       (B) the amount of back pay, with interest; and
       (C) compensation for any special damages sustained as a 
     result of the discrimination, including litigation costs, 
     expert witness fees, and reasonable attorney fees.
       (d) Rights Retained by Employee.--Nothing in this section 
     shall be deemed to diminish the rights, privileges, or 
     remedies of any employee under any Federal or State law, or 
     under any collective bargaining agreement.
       (e) Nonenforceability of Certain Provisions Waiving Rights 
     and Remedies or Requiring Arbitration of Disputes.--
       (1) Waiver of rights and remedies.--The rights and remedies 
     provided for in this section may not be waived by any 
     agreement, policy form, or condition of employment, including 
     by a predispute arbitration agreement.
       (2) Predispute arbitration agreements.--No predispute 
     arbitration agreement shall be valid or enforceable, if the 
     agreement requires arbitration of a dispute arising under 
     this section.

[[Page 13580]]



     SEC. 208. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

       (a) In General.--The Federal Advisory Committee Act (5 
     U.S.C. App.) shall not apply to the Commission.
       (b) Public Hearings and Meetings.--The Commission shall--
       (1) hold public hearings and meetings to the extent 
     appropriate; and
       (2) conduct public hearings and meetings in a manner 
     consistent with the protection of information provided to or 
     developed for or by the Commission as required by any 
     applicable statute, regulation, or executive order.

     SEC. 209. STAFF OF COMMISSION.

       (a) In General.--
       (1) Appointment and compensation.--The Chairperson, in 
     consultation with the Vice Chairperson and in accordance with 
     rules agreed upon by the Commission, may appoint and fix the 
     compensation of an executive director and such other 
     personnel as may be necessary to enable the Commission to 
     carry out the functions of the Commission, without regard to 
     the provisions of title 5, United States Code, governing 
     appointments in the competitive service, and without regard 
     to the provisions of chapter 51 and subchapter III of chapter 
     53 of that title relating to classification and General 
     Schedule pay rates, except that no rate of pay fixed under 
     this paragraph may exceed the equivalent of that payable for 
     a position at level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (2) Personnel as federal employees.--
       (A) In general.--The executive director and any personnel 
     of the Commission who are employees shall be employees under 
     section 2105 of title 5, United States Code, for purposes of 
     chapters 63, 81, 83, 84, 85, 87, 89, 89A, 89B, and 90 of that 
     title.
       (B) Members of commission.--Subparagraph (A) shall not be 
     construed to apply to members of the Commission.
       (b) Detailees.--Any Federal Government employee may be 
     detailed to the Commission without reimbursement from the 
     Commission, and such detailee shall retain the rights, 
     status, and privileges of his or her regular employment 
     without interruption.
       (c) Consultant Services.--The Commission may procure the 
     services of experts and consultants in accordance with 
     section 3109 of title 5, United States Code, but at rates not 
     to exceed the daily rate paid a person occupying a position 
     at level IV of the Executive Schedule under section 5315 of 
     that title.

     SEC. 210. COMPENSATION AND TRAVEL EXPENSES.

       (a) Compensation.--Each member of the Commission who is not 
     an officer or employee of the Federal Government may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level IV 
     of the Executive Schedule under section 5315 of title 5, 
     United States Code, for each day during which that member is 
     engaged in the actual performance of the duties of the 
     Commission.
       (b) Travel Expenses.--While away from their homes or 
     regular places of business in the performance of services for 
     the Commission, members of the Commission shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     in the same manner as persons employed intermittently in the 
     Government service are allowed expenses under section 5703 of 
     title 5, United States Code.

     SEC. 211. SECURITY CLEARANCES FOR COMMISSION MEMBERS AND 
                   STAFF.

       The appropriate departments or agencies of the Federal 
     Government shall cooperate with the Commission in 
     expeditiously providing to the members and staff of the 
     Commission appropriate security clearances, up to the level 
     of sensitive compartmented information, to the extent 
     possible under applicable procedures and requirements, and no 
     person shall be provided with access to classified 
     information under this title without the appropriate security 
     clearances.

     SEC. 212. REPORTS OF COMMISSION; TERMINATION.

       (a) Interim Reports.--The Commission shall submit to the 
     President and Congress, and make publicly available online, 
     interim reports containing such findings, conclusions, and 
     recommendations for corrective measures as have been agreed 
     to by a majority of Commission members.
       (b) Final Report.--Not later than 2 years after the date of 
     enactment of this Act, the Commission shall submit to the 
     President and Congress, and make publicly available online, a 
     final report containing such findings, conclusions, and 
     recommendations for corrective measures as have been agreed 
     to by a majority of Commission members.
       (c) Classified Information.--Each report submitted under 
     subsection (a) or (b) shall be in unclassified form, but may 
     include a classified annex.
       (d) Termination.--
       (1) In general.--The Commission, and all the authorities 
     under this title, shall terminate 60 days after the date on 
     which Commission submits the final report under subsection 
     (b).
       (2) Administrative activities before termination.--The 
     Commission may use the 60-day period referred to in paragraph 
     (1) for the purpose of concluding its activities, including 
     providing testimony to committees of Congress concerning its 
     reports and disseminating the final report.

     SEC. 213. FUNDING.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this title.
       (b) Duration of Availability.--Amounts made available to 
     the Commission under subsection (a) shall remain available 
     until the termination of the Commission.
                                 ______
                                 
  SA 2592. Mr. PAUL 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. __. WHISTLEBLOWER REPORTS AND PROTECTION AGAINST 
                   RETALIATION.

       (a) Authorization to Report Complaints or Information.--An 
     employee of or contractor to a Federal entity that has 
     knowledge of the programs and activities authorized under 
     this Act may submit a covered complaint--
       (1) to the Comptroller General of the United States;
       (2) to the Privacy and Civil Liberties Oversight Board;
       (3) to the Select Committee on Intelligence of the Senate;
       (4) to the Permanent Select Committee on Intelligence of 
     the House of Representatives; or
       (5) in accordance with the process established under 
     section 103H(k)(5) of the National Security Act of 1947 (50 
     U.S.C. 3033(k)(5)).
       (b) Investigations and Reports to Congress.--
       (1) In general.--The Comptroller General shall investigate 
     a covered complaint submitted pursuant to subsection (a)(1) 
     and shall submit to Congress a report containing the results 
     of the investigation.
       (2) Availability to congress.--A report submitted to 
     Congress under paragraph (1) shall be accessible to all 
     members of Congress.
       (c) Requirement to Permit Submission.--No Federal entity 
     may promulgate a rule or prohibition on its employees, on 
     contractors of that Federal entity, or on any entity sharing 
     cyber threat indicators or defensive measures with the 
     Federal Government under this Act that prohibits submission 
     of complaints under this section.
       (d) Prohibition on Retaliatory Actions.--Notwithstanding 
     any other provision of law, no officer or employee of a 
     Federal entity shall take any retaliatory action against an 
     employee of or contractor to a Federal entity who seeks to 
     disclose or discloses covered information to--
       (1) the Comptroller General;
       (2) the Privacy and Civil Liberties Oversight Board;
       (3) the Select Committee on Intelligence of the Senate;
       (4) the Permanent Select Committee on Intelligence of the 
     House of Representatives; or
       (5) the Office of the Inspector General of the Intelligence 
     Community.
       (e) Administrative Sanctions.--An officer or employee of a 
     Federal entity who violates subsection (d) shall be subject 
     to administrative sanctions, up to and including termination.
       (f) Definitions.--In this section:
       (1) Covered complaint.--The term ``covered complaint'' 
     means a complaint or information concerning programs and 
     activities authorized by this Act that an employee or 
     contractor reasonably believes is evidence of--
       (A) a violation of any law, rule, or regulation; or
       (B) gross mismanagement, a gross waste of funds, an abuse 
     of authority, or a substantial and specific danger to public 
     health or safety.
       (2) Covered information.--The term ``covered information'' 
     means any information (including classified or sensitive 
     information) that an employee or contractor reasonably 
     believes is evidence of--
       (A) a violation of any provision of law; or
       (B) gross mismanagement, a gross waste of funds, an abuse 
     of authority, or a substantial and specific danger to public 
     health or safety.
                                 ______
                                 
  SA 2593. Mr. DURBIN 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 18, line 24, strike ``records.'' and insert 
     ``records, except disclosure required under any State, 
     tribal, or local law in any criminal prosecution.''.
       On page 32, line 17, strike ``Cyber'' and insert ``Except 
     for disclosure of evidence required by law or rule in any 
     criminal prosecution, cyber''.
                                 ______
                                 
  SA 2594. Mr. DURBIN submitted an amendment intended to be proposed by

[[Page 13581]]

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 48, between lines 8 and 9, insert the following:
       (3) Construction regarding operation of defensive measures 
     and tort liability.--Nothing in this Act shall be construed 
     to supersede any statute or other provision of law of a State 
     or political subdivision of a State that establishes a right 
     of action or remedy for damages to a party other than an 
     entity described in section 4(b)(1) resulting from the 
     operation of a defensive measure under this Act.
                                 ______
                                 
  SA 2595. Mr. DURBIN 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 35, line 6, strike ``Cyber'' and insert
       (i) In general.--Cyber
       On page 35, between lines 11 and 12, insert the following:
       (ii) Limitation on use in proceedings.--Cyber threat 
     indicators, defensive measures, and any other information 
     provided to the Federal Government under this Act and all 
     evidence derived therefrom may not be received in evidence in 
     any trial, hearing or other proceeding in or before any 
     court, grand jury, department, officer, agency, regulatory 
     body, legislative committee, or other authority of the United 
     States, a State, or any political subdivision thereof if the 
     sharing, disclosure or use of such cyber threat indicator, 
     defensive measure, or other information was or would be in 
     violation of this Act.
                                 ______
                                 
  SA 2596. Mr. DURBIN 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 10, strike ``contravention;'' and insert 
     ``contravention, and instructions to remedy or mitigate such 
     error or contravention, including the destruction of such 
     cyber threat indicator and the cessation of any defensive 
     measures based on such indicator;''.
       On page 15, between lines 16 and 17, insert the following:
       (3) Notification and mitigation of error or 
     contravention.--
       (A) Requirement to notify.--An entity that shares a cyber 
     threat indicator or defensive measure and subsequently 
     determines that such cyber threat indicator or defensive 
     measure was in error or in contravention of the requirements 
     of this Act or another provision of Federal law or policy 
     shall notify each entity with which such indicator or measure 
     was shared of such error or contravention.
       (B) Requirements for receiving entity.--An entity that 
     receives a notice under subparagraph (A)--
       (i) shall cease use of such cyber threat indicator or 
     defensive measure;
       (ii) shall not further share such indicator or measure; and
       (iii) shall provide a similar notice to each other entity 
     with which the receiving entity has shared such indicator or 
     measure.
       On page 17, between lines 16 and 17, insert the following:

       (II) a notification of error or contravention received from 
     a Federal entity or sharing entity pursuant to section 
     3(b)(1)(C) or section 4(c)(3); or

                                 ______
                                 
  SA 2597. Mrs. SHAHEEN 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:

       On page 10, line 8, strike ``and''.
       On page 10, line 13, strike the period at the end and 
     insert ``; and''.
       On page 10, between lines 13 and 14, insert the following:
       (5) the periodic 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. 632)).
       On page 12, line 13, insert ``the Small Business 
     Administration and'' after ``including''.
                                 ______
                                 
  SA 2598. Mr. FRANKEN 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:

       Beginning on page 5, strike line 10 and all that follows 
     through page 52, line 6, and insert the following:
       (7) 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).
       (8) Federal entity.--The term ``Federal entity'' means a 
     department or agency of the United States or any component of 
     such department or agency.
       (9) 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.
       (10) Local government.--The term ``local government'' means 
     any borough, city, county, parish, town, township, village, 
     or other political subdivision of a State.
       (11) 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.
       (12) 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.
       (13) 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.
       (14) 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 
     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).
       (15) 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.
       (16) 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.
       (17) 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. 3. 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; and
       (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.

[[Page 13582]]

       (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 entities that have 
     received a cyber threat indicator from a Federal entity under 
     this Act that is known or determined to be in error or in 
     contravention of the requirements of this Act or another 
     provision of Federal law or policy of such error or 
     contravention;
       (D) include requirements for Federal entities receiving 
     cyber threat indicators to implement and utilize security 
     controls to protect against unauthorized access to or 
     acquisition of such cyber threat indicators; and
       (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 of or identifying 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 of or 
     identifying a specific person not directly related to a 
     cybersecurity threat.
       (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 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. 4. 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 Act; or
       (B) to limit otherwise lawful activity.
       (b) Authorization for Sharing or Receiving Cyber Threat 
     Indicators.--
       (1) In general.--Except as provided in paragraph (2) and 
     notwithstanding any other provision of law, an entity may, 
     for the purposes permitted under this Act and consistent with 
     the protection of classified information, share with, or 
     receive from, any other entity or the Federal Government a 
     cyber threat indicator.
       (2) Lawful restriction.--An entity receiving a cyber threat 
     indicator from another entity or Federal entity shall comply 
     with otherwise lawful restrictions placed on the sharing or 
     use of such cyber threat indicator 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 other than as provided in this subsection; or
       (B) to limit otherwise lawful activity.
       (c) Protection and Use of Information.--
       (1) Security of information.--An entity monitoring an 
     information system or providing or receiving a cyber threat 
     indicator under this section shall implement and utilize a 
     security control to protect against unauthorized access to or 
     acquisition of such cyber threat indicator.
       (2) Removal of certain personal information.--An entity 
     sharing a cyber threat indicator pursuant to this Act 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 of or identifying 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 of or identifying a specific person not directly 
     related to a cybersecurity threat.
       (3) Use of cyber threat indicators by entities.--
       (A) In general.--Consistent with this Act, a cyber threat 
     indicator shared or received under this section may, for 
     cybersecurity purposes--
       (i) be used by an entity to monitor--

       (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
       (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 
     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 5(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 shared with a State, tribal, or local 
     government under this Act 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 or sharing of a 
     cyber threat indicator.
       (ii) Regulatory authority specifically relating to 
     prevention or mitigation of cybersecurity threats.--A cyber 
     threat indicator 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.
       (d) Antitrust Exemption.--
       (1) In general.--Except as provided in section 8(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 
     Act.
       (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.
       (e) No Right or Benefit.--The sharing of a cyber threat 
     indicator with an entity under this Act shall not create a 
     right or benefit to similar information by such entity or any 
     other entity.

     SEC. 5. SHARING OF CYBER THREAT INDICATORS 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, in coordination with the heads of the 
     appropriate Federal entities, shall develop and submit to 
     Congress interim policies and procedures relating to the 
     receipt of cyber threat indicators 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

[[Page 13583]]

     shall, in coordination with the heads of the appropriate 
     Federal entities, promulgate final policies and procedures 
     relating to the receipt of cyber threat indicators 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 are shared with the 
     Federal Government by any entity pursuant to section 4(b) 
     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 not subject to any delay, modification, or any 
     other action that could impede real-time receipt by all of 
     the appropriate Federal entities; 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 4 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 Act, 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 Act, including the extent, if any, to which such 
     cyber threat indicators may be used by the Federal 
     Government; and
       (D) ensure there is--
       (i) an audit capability; and
       (ii) appropriate sanctions in place for officers, 
     employees, or agents of a Federal entity who knowingly and 
     willfully conduct activities under this Act 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 shall develop 
     and make publicly available guidance to assist entities and 
     promote sharing of cyber threat indicators with Federal 
     entities under this Act.
       (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 Act that would 
     be unlikely to include personal information of or identifying 
     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 considers 
     appropriate for entities sharing cyber threat indicators with 
     Federal entities under this Act.
       (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 Act.
       (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 
     Act.
       (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 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 impact on privacy and civil liberties of 
     activities by the Federal Government under this Act;
       (B) limit the receipt, retention, use, and dissemination of 
     cyber threat indicators containing personal information of or 
     identifying 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 Act; 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 of or identifying 
     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 of or identifying 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 Act; 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, 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 under this Act 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) communications between a Federal entity and a private 
     entity regarding a previously shared 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 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 under this Act; 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 through 
     such process with the Federal Government; and
       (B) all of the appropriate Federal entities receive such 
     cyber threat indicators 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 shared with the Federal Government through such 
     process.
       (5)  Report on development and implementation.--

[[Page 13584]]

       (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 to the Federal Government under this 
     Act shall not constitute a waiver of any applicable privilege 
     or protection provided by law, including trade secret 
     protection.
       (2) Proprietary information.--Consistent with section 
     4(b)(2), a cyber threat indicator provided by an entity to 
     the Federal Government under this Act 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 
     provided to the Federal Government under this Act 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 to the Federal Government under this Act 
     shall not be subject to a rule of any Federal agency or 
     department or any judicial doctrine regarding ex parte 
     communications with a decisionmaking official.
       (5) Disclosure, retention, and use.--
       (A) Authorized activities.--Cyber threat indicators 
     provided to the Federal Government under this Act 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;
       (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) section 3559(c)(2)(F) of title 18, United States Code 
     (relating to serious violent felonies);
       (II) sections 1028 through 1030 of such title (relating to 
     fraud and identity theft);
       (III) chapter 37 of such title (relating to espionage and 
     censorship); and
       (IV) chapter 90 of such title (relating to protection of 
     trade secrets).

       (B) Prohibited activities.--Cyber threat indicators 
     provided to the Federal Government under this Act 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 
     provided to the Federal Government under this Act 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 of or identifying specific persons; and
       (iii) in a manner that protects the confidentiality of 
     cyber threat indicators containing personal information of or 
     identifying a specific person.
       (D) Federal regulatory authority.--
       (i) In general.--Except as provided in clause (ii), cyber 
     threat indicators provided to the Federal Government under 
     this Act 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 or sharing cyber 
     threat indicators.
       (ii) Exceptions.--

       (I) Regulatory authority specifically relating to 
     prevention or mitigation of cybersecurity threats.--Cyber 
     threat indicators provided to the Federal Government under 
     this Act 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 act.--
     Clause (i) shall not apply to procedures developed and 
     implemented under this Act.

     SEC. 6. 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 4(a) that is conducted in accordance with this Act.
       (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 under section 4(b) if--
       (1) such sharing or receipt is conducted in accordance with 
     this Act; and
       (2) in a case in which a cyber threat indicator is shared 
     with the Federal Government, the cyber threat indicator is 
     shared in a manner that is consistent with section 5(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 5(a)(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 Act; or
       (2) to undermine or limit the availability of otherwise 
     applicable common law or statutory defenses.

     SEC. 7. 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 Act.
       (2) Contents.--Each report submitted under paragraph (1) 
     shall include the following:
       (A) An assessment of the sufficiency of the policies, 
     procedures, and guidelines required by section 5 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 5(c), including any impediments to 
     such real-time sharing.
       (C) An assessment of the sufficiency of the procedures 
     developed under section 3 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 Act.
       (E) A review of the type of cyber threat indicators shared 
     with the Federal Government under this Act, including the 
     following:
       (i) The degree to which such information may impact the 
     privacy and civil liberties of specific persons.
       (ii) A quantitative and qualitative assessment of the 
     impact of the sharing of such cyber threat indicators with 
     the Federal Government on privacy and civil liberties of 
     specific persons.
       (iii) The adequacy of any steps taken by the Federal 
     Government to reduce such impact.
       (F) A review of actions taken by the Federal Government 
     based on cyber threat indicators shared with the Federal 
     Government under this Act, including the appropriateness of 
     any subsequent use or dissemination of such cyber threat 
     indicators by a Federal entity under section 5.
       (G) A description of any significant violations of the 
     requirements of this Act 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 Act 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 
     Act.

[[Page 13585]]

       (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 
     Act; and
       (B) an assessment of the sufficiency of the policies, 
     procedures, and guidelines established pursuant to section 5 
     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 that have been shared with Federal 
     entities under this Act.
       (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.
       (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 Act.
       (4) Form.--Each report required under this subsection shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 8. CONSTRUCTION AND PREEMPTION.

       (a) Otherwise Lawful Disclosures.--Nothing in this Act 
     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 Act; 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 Act.
       (b) Whistle Blower Protections.--Nothing in this Act 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 Act 
     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 Act 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 Act 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 Act 
     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 the Federal Government; or
       (4) to require the use of the capability and process within 
     the Department of Homeland Security developed under section 
     5(c).
       (g) Preservation of Contractual Obligations and Rights.--
     Nothing in this Act 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 Act shall be 
     construed to permit the Federal Government--
       (1) to require an entity to provide information to the 
     Federal Government;
       (2) to condition the sharing of cyber threat indicators 
     with an entity on such entity's provision of cyber threat 
     indicators to the Federal Government; 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.
       (i) No Liability for Non-Participation.--Nothing in this 
     Act shall be construed to subject any entity to liability for 
     choosing not to engage in the voluntary activities authorized 
     in this Act.
       (j) Use and Retention of Information.--Nothing in this Act 
     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 
     Act for any use other than permitted in this Act.
       (k) Federal Preemption.--
       (1) In general.--This Act 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 Act.
       (2) State law enforcement.--Nothing in this Act 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 Act shall be 
     construed--
       (1) to authorize the promulgation of any regulations not 
     specifically authorized by this Act;
       (2) to establish or limit any regulatory authority not 
     specifically established or limited under this Act; 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 Act 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. 9. 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

[[Page 13586]]

     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) Form of Report.--The report required by subsection (a) 
     shall be made available in classified and unclassified forms.
       (d) 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. 10. CONFORMING AMENDMENTS.

       (a) Public Information.--Section 552(b) of title 5, United 
     States Code, is amended--
       (1) in paragraph (8), by striking ``or'' at the end;
       (2) in paragraph (9), by striking ``wells.'' and inserting 
     ``wells; or''; and
       (3) by inserting after paragraph (9) the following:
       ``(10) information shared with or provided to the Federal 
     Government pursuant to the Cybersecurity Information Sharing 
     Act of 2015.''.
       (b) Modification of Limitation on Dissemination of Certain 
     Information Concerning Penetrations of Defense Contractor 
     Networks.--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 such information is shared consistent 
     with the policies and procedures promulgated by the Attorney 
     General under section 5 of the Cybersecurity Information 
     Sharing Act of 2015.''.
                                 ______
                                 
  SA 2599. Mr. FRANKEN 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 14, line 5, strike ``provision of law,'' and insert 
     ``statute or regulation,''.
                                 ______
                                 
  SA 2600. Mr. FRANKEN 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 13, line 6, strike ``provision of law,'' and insert 
     ``statute or regulation,''.
                                 ______
                                 
  SA 2601. Mr. FRANKEN 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 15, strike lines 4 through 10 and insert the 
     following:
       (1) In general.--Except as provided in paragraph (2) and 
     notwithstanding any other statute or regulation, an entity 
     may, for a cybersecurity purpose, and in accordance with the 
     provisions of this Act 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.
                                 ______
                                 
  SA 2602. Mr. FRANKEN 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 3, line 21, strike ``may'' and insert ``is 
     reasonably likely to''.
                                 ______
                                 
  SA 2603. Mr. KIRK (for himself and Mrs. Gillibrand) 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. __. 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 physically present within a country with which 
     the United States does not have a mutual legal assistance 
     treaty or an extradition treaty;
       (2) who is believed to have committed a cybercrime or 
     intellectual property crime against the interests of the 
     United States or its citizens; and
       (3) 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) Bilateral Consultations.--The Secretary of State, or 
     designee, shall consult with the appropriate government 
     official of each country 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 
     identifies--
       (A) the number of international cyber criminals who are 
     located in countries that do not have an extradition treaty 
     or mutual legal assistance treaty with the United States, 
     broken down by country;
       (B) the dates on which an official of the Department of 
     State, as a result of this Act, discussed ways to thwart or 
     prosecute international cyber criminals in a bilateral 
     conversation with an official of another country, including 
     the name of each such country; and
       (C) for each international cyber criminal who was 
     extradited into 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) Appropriate congressional committees.--For purposes of 
     this subsection, the term ``appropriate congressional 
     committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (D) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (E) the Committee on Foreign Affairs of the House of 
     Representatives;
       (F) the Committee on Appropriations of the House of 
     Representatives;
       (G) the Committee on Homeland Security of the House of 
     Representatives; and
       (H) the Committee on Financial Services of the House of 
     Representatives.
                                 ______
                                 
  SA 2604. Mr. COATS 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 51, strike line 8 and insert the following:

     SEC. 10. STUDY ON CYBERSECURITY THREATS TO MOBILE DEVICES.

       (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 cybersecurity threats relating to 
     mobile devices; and
       (2) submit a report to Congress that contains the findings 
     of such study and the recommendations developed under 
     subsection (b)(3).
       (b) Matters Studied.--In carrying out the study under 
     subsection (a)(1), the Secretary shall--
       (1) assess cybersecurity threats relating to mobile 
     devices;
       (2) assess the effect such threats may have on the cyber 
     security of the information systems and networks of the 
     Federal Government (except for the information systems and 
     networks of the Department of Defense and the Intelligence 
     Community); and
       (3) develop recommendations for addressing such threats.

     SEC. 11. CONFORMING AMENDMENTS.

                                 ______
                                 
  SA 2605. Ms. WARREN 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 appropriate place, insert the following:

[[Page 13587]]



     SEC. ___. STRENGTHENING PUBLIC NOTIFICATION REQUIREMENTS.

       Section 501(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 
     6801(b)) is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and adjusting 
     the margins accordingly;
       (2) in the matter preceding subparagraph (A), as so 
     redesignated, by striking ``In furtherance'' and inserting 
     the following:
       ``(1) In general.--In furtherance''; and
       (3) by adding at the end the following:
       ``(2) Standards not limited to unauthorized access or use 
     of sensitive customer record or information.--The standards 
     established in accordance with paragraph (1)--
       ``(A) shall require financial institutions to disclose the 
     unauthorized access to or use of any customer record or 
     information; and
       ``(B) shall not be limited to only require financial 
     institutions to disclose the unauthorized access to or use of 
     sensitive customer records or information.''.
                                 ______
                                 
  SA 2606. Ms. WARREN 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 appropriate place, insert the following:

     SEC. ___. IMPROVING EXPERTISE OF BANKING REGULATORS.

       (a) Definitions.--In this section--
       (1) the term ``appropriate Federal banking agency'' has the 
     meaning given that term in section 3 of the Federal Deposit 
     Insurance Act (12 U.S.C. 1813);
       (2) the term ``banking regulators'' means--
       (A) the appropriate Federal banking agencies; and
       (B) the National Credit Union Administration; and
       (3) the term ``covered entity'' means any entity that--
       (A) is subject to examination by a banking regulator;
       (B) has more than $10,000,000,000 in assets.
       (b) Participation in Examination of Covered Entities by 
     Specialists.--Each banking regulator shall ensure that an 
     information security specialist participates in an 
     examination by the banking regulator of a covered entity not 
     less frequently than once every 3 years.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to alter the frequency of examinations conducted by 
     a banking regulator.
                                 ______
                                 
  SA 2607. Ms. WARREN 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 appropriate place, insert the following:

     SEC. ___. REGULATION AND EXAMINATION OF SERVICE PROVIDERS.

       Title II of the Federal Credit Union Act (12 U.S.C. 1781 et 
     seq.) is amended by striking section 206A (12 U.S.C. 1786a) 
     and inserting the following:

     ``SEC. 206A. REGULATION AND EXAMINATION OF SERVICE PROVIDERS.

       ``(a) Service Performed by Contract or Otherwise.--If an 
     insured credit union that is regularly examined or subject to 
     examination by the Board, causes to be performed for itself, 
     by contract or otherwise, any service authorized under this 
     Act, or in the case of a State credit union, any applicable 
     State law, whether on or off its premises--
       ``(1) such performance, including any cybersecurity 
     practice, shall be subject to regulation and examination by 
     the Board to the same extent as if such services were being 
     performed by the insured credit union itself on its own 
     premises; and
       ``(2) the insured credit union shall notify the Board of 
     the existence of the service relationship not later than 30 
     days after the earlier of--
       ``(A) the date on which the contract is entered into; or
       ``(B) the date on which the performance of the service is 
     initiated.
       ``(b) Administration by the Board.--The Board may issue 
     such regulations and orders as may be necessary to enable the 
     Board to administer and carry out this section and to prevent 
     evasion of this section.''.
                                 ______
                                 
  SA 2608. Ms. WARREN 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:

       On page 39, between lines 12 and 13, insert the following:
       (3) to protect an entity from liability for a failure to 
     take action to address a cybersecurity threat or a security 
     vulnerability.
                                 ______
                                 
  SA 2609. Ms. WARREN 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:

       In section 6, after subsection (b), insert the following:
       (c) Liability for Failure to Act.--An entity that receives 
     information regarding a cybersecurity threat or a security 
     vulnerability under this Act shall take action to address the 
     threat or vulnerability or the entity may be subject to 
     liability for a failure to act.
                                 ______
                                 
  SA 2610. Ms. KLOBUCHAR 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 appropriate place, insert the following:

     SEC. __. DHS ANNUAL REPORT ON ECONOMIC IMPLICATIONS OF CYBER 
                   ATTACKS.

       (a) Annual Report.--Not later than 1 year after the date of 
     enactment of this Act, and once every year thereafter, the 
     Secretary of Homeland Security shall submit to Congress a 
     report detailing the economic impact of cyber attacks during 
     the year for which the report is prepared and the year-to-
     year trends of the economic impact of cyber attacks, in 
     aggregate form, including--
       (1) an estimate of losses (in dollars) as a result of cyber 
     attacks; and
       (2) the approximate number of cyber attacks on the networks 
     of private entities that have been reported to the Department 
     of Homeland Security.
       (b) Prohibition.--Each report submitted under subsection 
     (a) may not include the name, or other identifying 
     information, of any private entity that has experienced a 
     cyber attack.
                                 ______
                                 
  SA 2611. Ms. KLOBUCHAR 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 appropriate place, insert the following:

     SEC. __. GAO REPORT ON IMPLEMENTATION.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study on the implementation of the 
     information sharing system developed under this Act.
       (b) Report.--Not later than 1 year after the date on which 
     the information sharing procedures described in this Act are 
     implemented, the Comptroller General shall submit to Congress 
     a report on the study conducted under subsection (a), which 
     shall include an assessment of--
       (1) the effectiveness of the information sharing system in 
     sharing cyber threat indicators, including an approximate 
     number of cyber threat indicators shared;
       (2) the extent to which the information sharing procedures 
     described in this Act--
       (A) are used by private entities; and
       (B) are effective at screening out personal information or 
     information that identifies a specific person not directly 
     related to a cybersecurity threat;
       (3) the extent to which private entities have implemented 
     procedures to remove personal information or information that 
     identifies a specific person not directly related to a 
     cybersecurity threat prior to sharing cyber threat indicators 
     with a Federal entity, consistent with the requirements of 
     this Act;
       (4) the extent to which the Department of Homeland Security 
     has implemented procedures to remove personal information or 
     information that identifies a specific person not directly 
     related to a cybersecurity threat prior to sharing cyber 
     threat indicators with private entities or other Federal 
     entities, consistent with the requirements of this Act; and
       (5) the effectiveness of data security implemented by 
     Federal entities that are involved in the sharing of cyber 
     threat indicators.
                                 ______
                                 
  SA 2612. Mr. FRANKEN (for himself, Mr. Leahy, and Mr. Wyden) 
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:

       Beginning on page 3, strike line 21 and all that follows 
     through page 5, line 8, and insert the following:

     system that is reasonably likely to 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

[[Page 13588]]

     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 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 information is not otherwise prohibited by 
     law; or
                                 ______
                                 
  SA 2613. Mr. CARPER 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 22, strike lines 13 through 19 and insert the 
     following:
       (i) are shared in as close to real time as practicable with 
     all appropriate Federal entities and in accordance with 
     Attorney General policies, procedures, and guidelines and any 
     applicable statutory requirements; and
       On page 22, line 20, strike ``(iii)'' and insert ``(ii)''.
       On page 30, strike lines 4 through 8 and insert the 
     following:
       (C) ensures that the appropriate Federal entities receive 
     such cyber threat indicators in as close to real time as 
     practicable and in accordance with Attorney General policies, 
     procedures, and guidelines and any applicable statutory 
     requirements;
       Beginning on page 31, strike line 20 and all that follows 
     through page 32, line 6, and insert the following:
       (B) the appropriate Federal entities receive such cyber 
     threat indicators and defensive measures through the process 
     within the Department of Homeland Security in as close to 
     real time as practicable and in accordance with Attorney 
     General policies, procedures, and guidelines and any 
     applicable statutory requirements.
       (4) Other federal entities.--The process developed and 
     implemented under paragraph (1) shall ensure that other 
     Federal entities receive such cyber threat indicators and 
     defensive measures shared with the Federal Government through 
     the process in as close to real time as practicable and in 
     accordance with Attorney General policies, procedures, and 
     guidelines and any applicable statutory requirements.
                                 ______
                                 
  SA 2614. Mr. CARPER 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:

       Strike paragraph (1) of section 4(c) and insert the 
     following:
       (1) In general.--
       (A) Sharing with all entities.--Except as provided in 
     paragraph (2) and notwithstanding any other provision of law, 
     an entity may, for the purposes permitted under this Act and 
     consistent with the protection of classified information, 
     share with, or receive from, any other entity or the Federal 
     Government in a manner consistent with section 5(c)(1)(B) a 
     cyber threat indicator or defensive measure.
       (B) Sharing with federal entities.--Except as provided in 
     paragraph (2) and consistent with other applicable laws, an 
     entity may, for the purposes permitted under this Act and 
     consistent with the protection of classified information, 
     share with, or receive from, the Federal Government a cyber 
     threat indicator or defensive measure.
                                 ______
                                 
  SA 2615. Mr. CARPER 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 22, line 16, insert ``unnecessary'' after 
     ``delay,''.

                          ____________________