Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2012 or SECURE IT - Authorizes private entities to employ countermeasures and use cybersecurity systems to obtain, identify, or possess cyber threat information on its own networks or the networks of another entity with such entity's authorization.
Allows private entities, nonfederal government agencies, or state, tribal, or local governments to voluntarily disclose cyber threat information to designated cybersecurity centers or to each other to assist with preventing, investigating, or mitigating threats to information security.
Requires such entities and governments providing electronic communication, remote computing, or information security services to a federal agency to inform the agency of a significant cyber incident involving the federal information system of that agency that: (1) is directly known as a result of providing such services and directly related to the provision of such services, and (2) has impeded or will impede the performance of a critical mission of the federal agency.
Defines "significant cyber incident" as a cyber incident resulting in, or an attempted cyber incident that, if successful, would have resulted in: (1) the exfiltration from a federal information system (an information system used or operated by an executive agency, contractor, or another organization on behalf of an executive agency) of data essential to the operation of the such a system, or (2) an incident in which an operational or technical control essential to the security or operation of a such a system was defeated.
Directs federal agencies receiving such significant cyber incident information to report the information to a cybersecurity center.
Permits cyber threat information provided to a cybersecurity center to be disclosed to, retained by, or used by, consistent with otherwise applicable federal law, the federal government for a cybersecurity or national security purpose or to prevent, investigate, or prosecute various criminal offenses for which law enforcement officials are authorized, under existing law, to seek a court order authorizing an interception of wire, oral, or electronic communications. Prohibits the disclosure, retention, or use of such information for any use not expressly permitted.
Prohibits federal, state, tribal, or local agencies from directly using such information to regulate an entity's lawful activities.
Sets forth conditions with regard to information provided to a cybersecurity center including: (1) the disclosure of such information to state, tribal, or local governments; (2) the use, distribution, and any prerequisite consent necessary for sharing such information; and (3) the legal treatment of such information under specified privileges, exemptions, ex parte communications rules, and requirements for disclosing public information and records.
Provides legal protections to entities engaged in authorized cybersecurity activities.
Directs the Director of National Intelligence (DNI) and Secretary of Defense (DOD) to develop procedures for sharing, through cybersecurity centers, classified and unclassified information.
Authorizes the Council of the Inspectors General on Integrity and Efficiency to review compliance by the cybersecurity centers and federal agencies with required procedures, including privacy and civil liberty protections through anonymization or other methods.
Amends the Federal Information Security Management Act of 2002 to replace existing information security procedures for federal agencies with a new framework for coordinating and securing federal information.
Directs the Secretary of Commerce to issue compulsory and binding policies and directives governing agency information security operations. Requires that national security systems be overseen as directed by the President.
Requires each agency to comply with such policies and provide risk-commensurate information security protections for information systems used or operated by the agency or a contractor or other organization on an agency's behalf.
Requires each agency's Chief Information Officer to develop an agencywide information security program.
Directs the Office of Management and Budget (OMB), in coordination with the Department of Homeland Security (DHS), to designate an entity to conduct an ongoing security analysis of agency information systems using automated processes. Requires each agency to develop a timeline for the implementation of technology facilitating continuous monitoring and threat assessments. Sets forth separate requirements for national security systems.
Requires that federal information systems be based on National Institute of Standards and Technology (NIST) standards.
Amends the Computer Fraud and Abuse Act to increase and further delineate the criminal penalties for computer fraud and related activities.
Establishes an offense for aggravated damage to a public or private critical infrastructure computer that manages or controls systems or assets vital to national defense, national security, national economic security, or public health or safety.
Amends the High-Performance Computing Act of 1991 to re-designate the National High-Performance Computing Program as the Networking and Information Technology Research and Development Program.
Requires the Director of the Office of Science and Technology Policy (STP) to establish goals for inter-agency collaborative research and development with Program Component Areas, industry, institutions of higher education, federal laboratories, and international organizations. Directs agencies to develop a five-year strategic plan.
Requires that agencies be encouraged under the Program to address application areas with potential for contributions to national economic competitiveness and other societal benefits including technical solutions to cybersecurity, health care, energy management, transportation, cyber-physical systems, physical and behavioral phenomena, and privacy protection.
Defines "cyber-physical systems" as physical or engineered systems whose networking and information technology functions and physical elements are integrated and actively connected to the physical world through sensors, actuators, or other means to perform monitoring and control functions.
Requires the STP Director to convene a task force to report to Congress on options for the research, development, and organizational structure of cyber-physical systems.
Requires the National Science Foundation (NSF) to carry out a Federal Cyber Scholarship-for-Service program.
Requires the NIST to coordinate federal agencies engaged in the development of international technical standards.
Amends the Cyber Security Research and Development Act to add research areas eligible for NSF computer and network security research grants. Authorizes various grant programs through FY2013.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3342 Placed on Calendar Senate (PCS)]
Calendar No. 438
112th CONGRESS
2d Session
S. 3342
To improve information security, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 27, 2012
Mr. McCain (for himself, Mrs. Hutchison, Mr. Chambliss, Mr. Grassley,
Ms. Murkowski, Mr. Coats, Mr. Burr, and Mr. Johnson of Wisconsin)
introduced the following bill; which was read the first time
June 28, 2012
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To improve information security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Strengthening and
Enhancing Cybersecurity by Using Research, Education, Information, and
Technology Act of 2012'' or ``SECURE IT''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FACILITATING SHARING OF CYBER THREAT INFORMATION
Sec. 101. Definitions.
Sec. 102. Authorization to share cyber threat information.
Sec. 103. Information sharing by the Federal government.
Sec. 104. Construction.
Sec. 105. Report on implementation.
Sec. 106. Inspector General review.
Sec. 107. Technical amendments.
Sec. 108. Access to classified information.
TITLE II--COORDINATION OF FEDERAL INFORMATION SECURITY POLICY
Sec. 201. Coordination of Federal information security policy.
Sec. 202. Management of information technology.
Sec. 203. No new funding.
Sec. 204. Technical and conforming amendments.
Sec. 205. Clarification of authorities.
TITLE III--CRIMINAL PENALTIES
Sec. 301. Penalties for fraud and related activity in connection with
computers.
Sec. 302. Trafficking in passwords.
Sec. 303. Conspiracy and attempted computer fraud offenses.
Sec. 304. Criminal and civil forfeiture for fraud and related activity
in connection with computers.
Sec. 305. Damage to critical infrastructure computers.
Sec. 306. Limitation on actions involving unauthorized use.
Sec. 307. No new funding.
TITLE IV--CYBERSECURITY RESEARCH AND DEVELOPMENT
Sec. 401. National High-Performance Computing Program planning and
coordination.
Sec. 402. Research in areas of national importance.
Sec. 403. Program improvements.
Sec. 404. Improving education of networking and information technology,
including high performance computing.
Sec. 405. Conforming and technical amendments to the High-Performance
Computing Act of 1991.
Sec. 406. Federal cyber scholarship-for-service program.
Sec. 407. Study and analysis of certification and training of
information infrastructure professionals.
Sec. 408. International cybersecurity technical standards.
Sec. 409. Identity management research and development.
Sec. 410. Federal cybersecurity research and development.
TITLE I--FACILITATING SHARING OF CYBER THREAT INFORMATION
SEC. 101. DEFINITIONS.
In this title:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(2) Antitrust laws.--The term ``antitrust laws''--
(A) has the meaning given the term in section 1(a)
of the Clayton Act (15 U.S.C. 12(a));
(B) includes section 5 of the Federal Trade
Commission Act (15 U.S.C. 45) to the extent that
section 5 of that Act applies to unfair methods of
competition; and
(C) includes any State law that has the same intent
and effect as the laws under subparagraphs (A) and (B).
(3) Countermeasure.--The term ``countermeasure'' means an
automated or a manual action with defensive intent to mitigate
cyber threats.
(4) Cyber threat information.--The term ``cyber threat
information'' means information that indicates or describes--
(A) a technical or operation vulnerability or a
cyber threat mitigation measure;
(B) an action or operation to mitigate a cyber
threat;
(C) malicious reconnaissance, including anomalous
patterns of network activity that appear to be
transmitted for the purpose of gathering technical
information related to a cybersecurity threat;
(D) a method of defeating a technical control;
(E) a method of defeating an operational control;
(F) network activity or protocols known to be
associated with a malicious cyber actor or that signify
malicious cyber intent;
(G) 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 inadvertently enable the defeat of a
technical or operational control;
(H) any other attribute of a cybersecurity threat
or cyber defense information that would foster
situational awareness of the United States
cybersecurity posture, if disclosure of such attribute
or information is not otherwise prohibited by law;
(I) the actual or potential harm caused by a cyber
incident, including information exfiltrated when it is
necessary in order to identify or describe a
cybersecurity threat; or
(J) any combination of subparagraphs (A) through
(I).
(5) Cybersecurity center.--The term ``cybersecurity
center'' means the Department of Defense Cyber Crime Center,
the Intelligence Community Incident Response Center, the United
States Cyber Command Joint Operations Center, the National
Cyber Investigative Joint Task Force, the National Security
Agency/Central Security Service Threat Operations Center, the
National Cybersecurity and Communications Integration Center,
and any successor center.
(6) Cybersecurity system.--The term ``cybersecurity
system'' means a system designed or employed to ensure the
integrity, confidentiality, or availability of, or to
safeguard, a system or network, including measures intended to
protect a system or network from--
(A) efforts to degrade, disrupt, or destroy such
system or network; or
(B) theft or misappropriations of private or
government information, intellectual property, or
personally identifiable information.
(7) Entity.--
(A) In general.--The term ``entity'' means any
private entity, non-Federal government agency or
department, or State, tribal, or local government
agency or department (including an officer, employee,
or agent thereof).
(B) Inclusions.--The term ``entity'' includes a
government agency or department (including an officer,
employeee, or agent thereof) 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.
(8) Federal information system.--The term ``Federal
information system'' means an information system of a Federal
department or agency used or operated by an executive agency,
by a contractor of an executive agency, or by another
organization on behalf of an executive agency.
(9) Information security.--The term ``information
security'' means protecting information and information systems
from disruption or unauthorized access, use, disclosure,
modification, or destruction in order to provide--
(A) integrity, by guarding against improper
information modification or destruction, including by
ensuring information nonrepudiation and authenticity;
(B) confidentiality, by preserving authorized
restrictions on access and disclosure, including means
for protecting personal privacy and proprietary
information; or
(C) availability, by ensuring timely and reliable
access to and use of information.
(10) Information system.--The term ``information system''
has the meaning given the term in section 3502 of title 44,
United States Code.
(11) Local government.--The term ``local government'' means
any borough, city, county, parish, town, township, village, or
other general purpose political subdivision of a State.
(12) Malicious reconnaissance.--The term ``malicious
reconnaissance'' means a method for actively probing or
passively monitoring an information system for the purpose of
discerning technical vulnerabilities of the information system,
if such method is associated with a known or suspected
cybersecurity threat.
(13) Operational control.--The term ``operational control''
means a security control for an information system that
primarily is implemented and executed by people.
(14) Operational vulnerability.--The term ``operational
vulnerability'' means any attribute of policy, process, or
procedure that could enable or facilitate the defeat of an
operational control.
(15) Private entity.--The term ``private entity'' means any
individual or any private group, organization, or corporation,
including an officer, employee, or agent thereof.
(16) Significant cyber incident.--The term ``significant
cyber incident'' means a cyber incident resulting in, or an
attempted cyber incident that, if successful, would have
resulted in--
(A) the exfiltration from a Federal information
system of data that is essential to the operation of
the Federal information system; or
(B) an incident in which an operational or
technical control essential to the security or
operation of a Federal information system was defeated.
(17) Technical control.--The term ``technical control''
means a hardware or software restriction on, or audit of,
access or use of an information system or information that is
stored on, processed by, or transiting an information system
that is intended to ensure the confidentiality, integrity, or
availability of that system.
(18) Technical vulnerability.--The term ``technical
vulnerability'' means any attribute of hardware or software
that could enable or facilitate the defeat of a technical
control.
(19) 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. 102. AUTHORIZATION TO SHARE CYBER THREAT INFORMATION.
(a) Voluntary Disclosure.--
(1) Private entities.--Notwithstanding any other provision
of law, a private entity may, for the purpose of preventing,
investigating, or otherwise mitigating threats to information
security, on its own networks, or as authorized by another
entity, on such entity's networks, employ countermeasures and
use cybersecurity systems in order to obtain, identify, or
otherwise possess cyber threat information.
(2) Entities.--Notwithstanding any other provision of law,
an entity may disclose cyber threat information to--
(A) a cybersecurity center; or
(B) any other entity in order to assist with
preventing, investigating, or otherwise mitigating
threats to information security.
(3) Information security providers.--If the cyber threat
information described in paragraph (1) is obtained, identified,
or otherwise possessed in the course of providing information
security products or services under contract to another entity,
that entity shall be given, at any time prior to disclosure of
such information, a reasonable opportunity to authorize or
prevent such disclosure, to request anonymization of such
information, or to request that reasonable efforts be made to
safeguard such information that identifies specific persons
from unauthorized access or disclosure.
(b) Significant Cyber Incidents Involving Federal Information
Systems.--
(1) In general.--An entity providing electronic
communication services, remote computing services, or
information security services to a Federal department or agency
shall inform the Federal department or agency of a significant
cyber incident involving the Federal information system of that
Federal department or agency that--
(A) is directly known to the entity as a result of
providing such services;
(B) is directly related to the provision of such
services by the entity; and
(C) as determined by the entity, has impeded or
will impede the performance of a critical mission of
the Federal department or agency.
(2) Advance coordination.--A Federal department or agency
receiving the services described in paragraph (1) shall
coordinate in advance with an entity described in paragraph (1)
to develop the parameters of any information that may be
provided under paragraph (1), including clarification of the
type of significant cyber incident that will impede the
performance of a critical mission of the Federal department or
agency.
(3) Report.--A Federal department or agency shall report
information provided under this subsection to a cybersecurity
center.
(4) Construction.--Any information provided to a
cybersecurity center under paragraph (3) shall be treated in
the same manner as information provided to a cybersecurity
center under subsection (a).
(c) Information Shared With or Provided to a Cybersecurity
Center.--Cyber threat information provided to a cybersecurity center
under this section--
(1) may be disclosed to, retained by, and used by,
consistent with otherwise applicable Federal law, any Federal
agency or department, component, officer, employee, or agent of
the Federal government for a cybersecurity purpose, a national
security purpose, or in order to prevent, investigate, or
prosecute any of the offenses listed in section 2516 of title
18, United States Code, and such information shall not be
disclosed to, retained by, or used by any Federal agency or
department for any use not permitted under this paragraph;
(2) may, with the prior written consent of the entity
submitting such information, be disclosed to and used by a
State, tribal, or local government or government agency for the
purpose of protecting information systems, or in furtherance of
preventing, investigating, or prosecuting a criminal act,
except that if the need for immediate disclosure prevents
obtaining written consent, such consent may be provided orally
with subsequent documentation of such consent;
(3) shall be considered the commercial, financial, or
proprietary information of the entity providing such
information to the Federal government and any disclosure
outside the Federal government may only be made upon the prior
written consent by such entity and shall not constitute a
waiver of any applicable privilege or protection provided by
law, except that if the need for immediate disclosure prevents
obtaining written consent, such consent may be provided orally
with subsequent documentation of such consent;
(4) shall be 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;
(5) shall be, without discretion, withheld from the public
under section 552(b)(3)(B) of title 5, United States Code, and
any State, tribal, or local law requiring disclosure of
information or records;
(6) shall not be subject to the rules of any Federal agency
or department or any judicial doctrine regarding ex parte
communications with a decision-making official;
(7) shall not, if subsequently provided to a State, tribal,
or local government or government agency, otherwise be
disclosed or distributed to any entity by such State, tribal,
or local government or government agency without the prior
written consent of the entity submitting such information,
notwithstanding any State, tribal, or local law requiring
disclosure of information or records, except that if the need
for immediate disclosure prevents obtaining written consent,
such consent may be provided orally with subsequent
documentation of such consent; and
(8) shall not be directly used by any Federal, State,
tribal, or local department or agency to regulate the lawful
activities of an entity, including activities relating to
obtaining, identifying, or otherwise possessing cyber threat
information, except that the procedures required to be
developed and implemented under this title shall not be
considered regulations within the meaning of this paragraph.
(d) Procedures Relating to Information Sharing With a Cybersecurity
Center.--Not later than 60 days after the date of enactment of this
Act, the heads of each department or agency containing a cybersecurity
center shall jointly develop, promulgate, and submit to Congress
procedures to ensure that cyber threat information shared with or
provided to--
(1) a cybersecurity center under this section--
(A) may be submitted to a cybersecurity center by
an entity, to the greatest extent possible, through a
uniform, publicly available process or format that is
easily accessible on the website of such cybersecurity
center, and that includes the ability to provide
relevant details about the cyber threat information and
written consent to any subsequent disclosures
authorized by this paragraph;
(B) shall immediately be further shared with each
cybersecurity center in order to prevent, investigate,
or otherwise mitigate threats to information security
across the Federal government;
(C) is handled by the Federal government in a
reasonable manner, including consideration of the need
to protect the privacy and civil liberties of
individuals through anonymization or other appropriate
methods, while fully accomplishing the objectives of
this title, and the Federal government may undertake
efforts consistent with this subparagraph to limit the
impact on privacy and civil liberties of the sharing of
cyber threat information with the Federal government;
and
(D) except as provided in this section, shall only
be used, disclosed, or handled in accordance with the
provisions of subsection (c); and
(2) a Federal agency or department under subsection (b) is
provided immediately to a cybersecurity center in order to
prevent, investigate, or otherwise mitigate threats to
information security across the Federal government.
(e) Information Shared Between Entities.--
(1) In general.--An entity sharing cyber threat information
with another entity under this title may restrict the use or
sharing of such information by such other entity.
(2) Further sharing.--Cyber threat information shared by
any entity with another entity under this title--
(A) shall only be further shared in accordance with
any restrictions placed on the sharing of such
information by the entity authorizing such sharing,
such as appropriate anonymization of such information;
and
(B) may not be used by any entity to gain an unfair
competitive advantage to the detriment of the entity
authorizing the sharing of such information, except
that the conduct described in paragraph (3) shall not
constitute unfair competitive conduct.
(3) Information shared with state, tribal, or local
government or government agency.--Cyber threat information
shared with a State, tribal, or local government or government
agency under this title--
(A) may, with the prior written consent of the
entity sharing such information, be disclosed to and
used by a State, tribal, or local government or
government agency for the purpose of protecting
information systems, or in furtherance of preventing,
investigating, or prosecuting a criminal act, except if
the need for immediate disclosure prevents obtaining
written consent, consent may be provided orally with
subsequent documentation of the consent;
(B) shall be deemed voluntarily shared information
and exempt from disclosure under any State, tribal, or
local law requiring disclosure of information or
records;
(C) shall not be disclosed or distributed to any
entity by the State, tribal, or local government or
government agency without the prior written consent of
the entity submitting such information, notwithstanding
any State, tribal, or local law requiring disclosure of
information or records, except if the need for
immediate disclosure prevents obtaining written
consent, consent may be provided orally with subsequent
documentation of the consent; and
(D) shall not be directly used by any State,
tribal, or local department or agency to regulate the
lawful activities of an entity, including activities
relating to obtaining, identifying, or otherwise
possessing cyber threat information, except that the
procedures required to be developed and implemented
under this title shall not be considered regulations
within the meaning of this subparagraph.
(4) Antitrust exemption.--The exchange or provision of
cyber threat information or assistance between 2 or more
private entities under this title shall not be considered a
violation of any provision of antitrust laws if exchanged or
provided in order to assist with--
(A) facilitating the prevention, investigation, or
mitigation of threats to information security; or
(B) communicating or disclosing of cyber threat
information to help prevent, investigate or otherwise
mitigate the effects of a threat to information
security.
(5) No right or benefit.--The provision of cyber threat
information to an entity under this section shall not create a
right or a benefit to similar information by such entity or any
other entity.
(f) Federal Preemption.--
(1) In general.--This section supersedes any statute or
other law of a State or political subdivision of a State that
restricts or otherwise expressly regulates an activity
authorized under this section.
(2) State law enforcement.--Nothing in this section shall
be construed to supersede any statute or other law of a State
or political subdivision of a State concerning the use of
authorized law enforcement techniques.
(3) Public disclosure.--No information shared with or
provided to a State, tribal, or local government or government
agency pursuant to this section shall be made publicly
available pursuant to any State, tribal, or local law requiring
disclosure of information or records.
(g) Civil and Criminal Liability.--
(1) General protections.--
(A) Private entities.--No cause of action shall lie
or be maintained in any court against any private
entity for--
(i) the use of countermeasures and
cybersecurity systems as authorized by this
title;
(ii) the use, receipt, or disclosure of any
cyber threat information as authorized by this
title; or
(iii) the subsequent actions or inactions
of any lawful recipient of cyber threat
information provided by such private entity.
(B) Entities.--No cause of action shall lie or be
maintained in any court against any entity for--
(i) the use, receipt, or disclosure of any
cyber threat information as authorized by this
title; or
(ii) the subsequent actions or inactions of
any lawful recipient of cyber threat
information provided by such entity.
(2) Construction.--Nothing in this subsection shall be
construed 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, and use of classified information.
(h) Otherwise Lawful Disclosures.--Nothing in this section shall be
construed to limit or prohibit otherwise lawful disclosures of
communications, records, or other information by a private entity to
any other governmental or private entity not covered under this
section.
(i) Whistleblower Protection.--Nothing in this Act shall be
construed to preempt or preclude any employee from exercising rights
currently provided under any whistleblower law, rule, or regulation.
(j) Relationship to Other Laws.--The submission of cyber threat
information under this section to a cybersecurity center shall not
affect any requirement under any other provision of law for an entity
to provide information to the Federal government.
SEC. 103. INFORMATION SHARING BY THE FEDERAL GOVERNMENT.
(a) Classified Information.--
(1) Procedures.--Consistent with the protection of
intelligence sources and methods, and as otherwise determined
appropriate, the Director of National Intelligence and the
Secretary of Defense, in consultation with the heads of the
appropriate Federal departments or agencies, shall develop and
promulgate procedures to facilitate and promote--
(A) the immediate sharing, through the
cybersecurity centers, of classified cyber threat
information in the possession of the Federal government
with appropriately cleared representatives of any
appropriate entity; and
(B) the declassification and immediate sharing,
through the cybersecurity centers, with any entity or,
if appropriate, public availability of cyber threat
information in the possession of the Federal
government;
(2) Handling of classified information.--The procedures
developed under paragraph (1) shall ensure that each entity
receiving classified cyber threat information pursuant to this
section has acknowledged in writing the ongoing obligation to
comply with all laws, executive orders, and procedures
concerning the appropriate handling, disclosure, or use of
classified information.
(b) Unclassified Cyber Threat Information.--The heads of each
department or agency containing a cybersecurity center shall jointly
develop and promulgate procedures that ensure that, consistent with the
provisions of this section, unclassified, including controlled
unclassified, cyber threat information in the possession of the Federal
government--
(1) is shared, through the cybersecurity centers, in an
immediate and adequate manner with appropriate entities; and
(2) if appropriate, is made publicly available.
(c) Development of Procedures.--
(1) In general.--The procedures developed under this
section shall incorporate, to the greatest extent possible,
existing processes utilized by sector specific information
sharing and analysis centers.
(2) Coordination with entities.--In developing the
procedures required under this section, the Director of
National Intelligence and the heads of each department or
agency containing a cybersecurity center shall coordinate with
appropriate entities to ensure that protocols are implemented
that will facilitate and promote the sharing of cyber threat
information by the Federal government.
(d) Additional Responsibilities of Cybersecurity Centers.--
Consistent with section 102, a cybersecurity center shall--
(1) facilitate information sharing, interaction, and
collaboration among and between cybersecurity centers and--
(A) other Federal entities;
(B) any entity; and
(C) international partners, in consultation with
the Secretary of State;
(2) disseminate timely and actionable cybersecurity threat,
vulnerability, mitigation, and warning information, including
alerts, advisories, indicators, signatures, and mitigation and
response measures, to improve the security and protection of
information systems; and
(3) coordinate with other Federal entities, as appropriate,
to integrate information from across the Federal government to
provide situational awareness of the cybersecurity posture of
the United States.
(e) Sharing Within the Federal Government.--The heads of
appropriate Federal departments and agencies shall ensure that cyber
threat information in the possession of such Federal departments or
agencies that relates to the prevention, investigation, or mitigation
of threats to information security across the Federal government is
shared effectively with the cybersecurity centers.
(f) Submission to Congress.--Not later than 60 days after the date
of enactment of this Act, the Director of National Intelligence, in
coordination with the appropriate head of a department or an agency
containing a cybersecurity center, shall submit the procedures required
by this section to Congress.
SEC. 104. CONSTRUCTION.
(a) Information Sharing Relationships.--Nothing in this title shall
be construed--
(1) to limit or modify an existing information sharing
relationship;
(2) to prohibit a new information sharing relationship;
(3) to require a new information sharing relationship
between any entity and the Federal government, except as
specified under section 102(b); or
(4) to modify the authority of a department or agency of
the Federal government to protect sources and methods and the
national security of the United States.
(b) Anti-tasking Restriction.--Nothing in this title shall be
construed to permit the Federal government--
(1) to require an entity to share information with the
Federal government, except as expressly provided under section
102(b); or
(2) to condition the sharing of cyber threat information
with an entity on such entity's provision of cyber threat
information to the Federal government.
(c) No Liability for Non-participation.--Nothing in this title
shall be construed to subject any entity to liability for choosing not
to engage in the voluntary activities authorized under this title.
(d) Use and Retention of Information.--Nothing in this title shall
be construed to authorize, or to modify any existing authority of, a
department or agency of the Federal government to retain or use any
information shared under section 102 for any use other than a use
permitted under subsection 102(c)(1).
(e) No New Funding.--An applicable Federal agency shall carry out
the provisions of this title with existing facilities and funds
otherwise available, through such means as the head of the agency
considers appropriate.
SEC. 105. REPORT ON IMPLEMENTATION.
(a) Content of Report.--Not later than 1 year after the date of
enactment of this Act, and biennially thereafter, the heads of each
department or agency containing a cybersecurity center shall jointly
submit, in coordination with the privacy and civil liberties officials
of such departments or agencies and the Privacy and Civil Liberties
Oversight Board, a detailed report to Congress concerning the
implementation of this title, including--
(1) an assessment of the sufficiency of the procedures
developed under section 103 of this Act in ensuring that cyber
threat information in the possession of the Federal government
is provided in an immediate and adequate manner to appropriate
entities or, if appropriate, is made publicly available;
(2) an assessment of whether information has been
appropriately classified and an accounting of the number of
security clearances authorized by the Federal government for
purposes of this title;
(3) a review of the type of cyber threat information shared
with a cybersecurity center under section 102 of this Act,
including whether such information meets the definition of
cyber threat information under section 101, the degree to which
such information may impact the privacy and civil liberties of
individuals, any appropriate metrics to determine any impact of
the sharing of such information with the Federal government on
privacy and civil liberties, and the adequacy of any steps
taken to reduce such impact;
(4) a review of actions taken by the Federal government
based on information provided to a cybersecurity center under
section 102 of this Act, including the appropriateness of any
subsequent use under section 102(c)(1) of this Act and whether
there was inappropriate stovepiping within the Federal
government of any such information;
(5) a description of any violations of the requirements of
this title by the Federal government;
(6) a classified list of entities that received classified
information from the Federal government under section 103 of
this Act and a description of any indication that such
information may not have been appropriately handled;
(7) a summary of any breach of information security, if
known, attributable to a specific failure by any entity or the
Federal government to act on cyber threat information in the
possession of such entity or the Federal government that
resulted in substantial economic harm or injury to a specific
entity or the Federal government; and
(8) any recommendation for improvements or modifications to
the authorities under this title.
(b) Form of Report.--The report under subsection (a) shall be
submitted in unclassified form, but shall include a classified annex.
SEC. 106. INSPECTOR GENERAL REVIEW.
(a) In General.--The Council of the Inspectors General on Integrity
and Efficiency are authorized to review compliance by the cybersecurity
centers, and by any Federal department or agency receiving cyber threat
information from such cybersecurity centers, with the procedures
required under section 102 of this Act.
(b) Scope of Review.--The review under subsection (a) shall
consider whether the Federal government has handled such cyber threat
information in a reasonable manner, including consideration of the need
to protect the privacy and civil liberties of individuals through
anonymization or other appropriate methods, while fully accomplishing
the objectives of this title.
(c) Report to Congress.--Each review conducted under this section
shall be provided to Congress not later than 30 days after the date of
completion of the review.
SEC. 107. TECHNICAL AMENDMENTS.
Section 552(b) of title 5, United States Code, is amended--
(1) in paragraph (8), by striking ``or'';
(2) in paragraph (9), by striking ``wells.'' and inserting
``wells; or''; and
(3) by adding at the end the following:
``(10) information shared with or provided to a
cybersecurity center under section 102 of title I of the
Strengthening and Enhancing Cybersecurity by Using Research,
Education, Information, and Technology Act of 2012.''.
SEC. 108. ACCESS TO CLASSIFIED INFORMATION.
(a) Authorization Required.--No person shall be provided with
access to classified information (as defined in section 6.1 of
Executive Order 13526 (50 U.S.C. 435 note; relating to classified
national security information)) relating to cyber security threats or
cyber security vulnerabilities under this title without the appropriate
security clearances.
(b) Security Clearances.--The appropriate Federal agencies or
departments shall, consistent with applicable procedures and
requirements, and if otherwise deemed appropriate, assist an individual
in timely obtaining an appropriate security clearance where such
individual has been determined to be eligible for such clearance and
has a need-to-know (as defined in section 6.1 of that Executive Order)
classified information to carry out this title.
TITLE II--COORDINATION OF FEDERAL INFORMATION SECURITY POLICY
SEC. 201. COORDINATION OF FEDERAL INFORMATION SECURITY POLICY.
(a) In General.--Chapter 35 of title 44, United States Code, is
amended by striking subchapters II and III and inserting the following:
``SUBCHAPTER II--INFORMATION SECURITY
``Sec. 3551. Purposes
``The purposes of this subchapter are--
``(1) to provide a comprehensive framework for ensuring the
effectiveness of information security controls over information
resources that support Federal operations and assets;
``(2) to recognize the highly networked nature of the
current Federal computing environment and provide effective
government-wide management of policies, directives, standards,
and guidelines, as well as effective and nimble oversight of
and response to information security risks, including
coordination of information security efforts throughout the
Federal civilian, national security, and law enforcement
communities;
``(3) to provide for development and maintenance of
controls required to protect agency information and information
systems and contribute to the overall improvement of agency
information security posture;
``(4) to provide for the development of tools and methods
to assess and respond to real-time situational risk for Federal
information system operations and assets; and
``(5) to provide a mechanism for improving agency
information security programs through continuous monitoring of
agency information systems and streamlined reporting
requirements rather than overly prescriptive manual reporting.
``Sec. 3552. Definitions
``In this subchapter:
``(1) Adequate security.--The term `adequate security'
means security commensurate with the risk and magnitude of the
harm resulting from the unauthorized access to or loss, misuse,
destruction, or modification of information.
``(2) Agency.--The term `agency' has the meaning given the
term in section 3502 of title 44.
``(3) Cybersecurity center.--The term `cybersecurity
center' means the Department of Defense Cyber Crime Center, the
Intelligence Community Incident Response Center, the United
States Cyber Command Joint Operations Center, the National
Cyber Investigative Joint Task Force, the National Security
Agency/Central Security Service Threat Operations Center, the
National Cybersecurity and Communications Integration Center,
and any successor center.
``(4) Cyber threat information.--The term `cyber threat
information' means information that indicates or describes--
``(A) a technical or operation vulnerability or a
cyber threat mitigation measure;
``(B) an action or operation to mitigate a cyber
threat;
``(C) malicious reconnaissance, including anomalous
patterns of network activity that appear to be
transmitted for the purpose of gathering technical
information related to a cybersecurity threat;
``(D) a method of defeating a technical control;
``(E) a method of defeating an operational control;
``(F) network activity or protocols known to be
associated with a malicious cyber actor or that signify
malicious cyber intent;
``(G) 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 inadvertently enable the defeat of a
technical or operational control;
``(H) any other attribute of a cybersecurity threat
or cyber defense information that would foster
situational awareness of the United States
cybersecurity posture, if disclosure of such attribute
or information is not otherwise prohibited by law;
``(I) the actual or potential harm caused by a
cyber incident, including information exfiltrated when
it is necessary in order to identify or describe a
cybersecurity threat; or
``(J) any combination of subparagraphs (A) through
(I).
``(5) Director.--The term `Director' means the Director of
the Office of Management and Budget unless otherwise specified.
``(6) Environment of operation.--The term `environment of
operation' means the information system and environment in
which those systems operate, including changing threats,
vulnerabilities, technologies, and missions and business
practices.
``(7) Federal information system.--The term `Federal
information system' means an information system used or
operated by an executive agency, by a contractor of an
executive agency, or by another organization on behalf of an
executive agency.
``(8) Incident.--The term `incident' means an occurrence
that--
``(A) actually or imminently jeopardizes the
integrity, confidentiality, or availability of an
information system or the information that system
controls, processes, stores, or transmits; or
``(B) constitutes a violation of law or an imminent
threat of violation of a law, a security policy, a
security procedure, or an acceptable use policy.
``(9) Information resources.--The term `information
resources' has the meaning given the term in section 3502 of
title 44.
``(10) Information security.--The term `information
security' means protecting information and information systems
from disruption or unauthorized access, use, disclosure,
modification, or destruction in order to provide--
``(A) integrity, by guarding against improper
information modification or destruction, including by
ensuring information nonrepudiation and authenticity;
``(B) confidentiality, by preserving authorized
restrictions on access and disclosure, including means
for protecting personal privacy and proprietary
information; or
``(C) availability, by ensuring timely and reliable
access to and use of information.
``(11) Information system.--The term `information system'
has the meaning given the term in section 3502 of title 44.
``(12) Information technology.--The term `information
technology' has the meaning given the term in section 11101 of
title 40.
``(13) Malicious reconnaissance.--The term `malicious
reconnaissance' means a method for actively probing or
passively monitoring an information system for the purpose of
discerning technical vulnerabilities of the information system,
if such method is associated with a known or suspected
cybersecurity threat.
``(14) National security system.--
``(A) In general.--The term `national security
system' means any information system (including any
telecommunications system) used or operated by an
agency or by a contractor of an agency, or other
organization on behalf of an agency--
``(i) the function, operation, or use of
which--
``(I) involves intelligence
activities;
``(II) involves cryptologic
activities related to national
security;
``(III) involves command and
control of military forces;
``(IV) involves equipment that is
an integral part of a weapon or weapons
system; or
``(V) subject to subparagraph (B),
is critical to the direct fulfillment
of military or intelligence missions;
or
``(ii) is protected at all times by
procedures established for information that
have been specifically authorized under
criteria established by an Executive Order or
an Act of Congress to be kept classified in the
interest of national defense or foreign policy.
``(B) Limitation.--Subparagraph (A)(i)(V) does not
include a system that is to be used for routine
administrative and business applications (including
payroll, finance, logistics, and personnel management
applications).
``(15) Operational control.--The term `operational control'
means a security control for an information system that
primarily is implemented and executed by people.
``(16) Person.--The term `person' has the meaning given the
term in section 3502 of title 44.
``(17) Secretary.--The term `Secretary' means the Secretary
of Commerce unless otherwise specified.
``(18) Security control.--The term `security control' means
the management, operational, and technical controls, including
safeguards or countermeasures, prescribed for an information
system to protect the confidentiality, integrity, and
availability of the system and its information.
``(19) Significant cyber incident.--The term `significant
cyber incident' means a cyber incident resulting in, or an
attempted cyber incident that, if successful, would have
resulted in--
``(A) the exfiltration from a Federal information
system of data that is essential to the operation of
the Federal information system; or
``(B) an incident in which an operational or
technical control essential to the security or
operation of a Federal information system was defeated.
``(20) Technical control.--The term `technical control'
means a hardware or software restriction on, or audit of,
access or use of an information system or information that is
stored on, processed by, or transiting an information system
that is intended to ensure the confidentiality, integrity, or
availability of that system.
``Sec. 3553. Federal information security authority and coordination
``(a) In General.--The Secretary, in consultation with the
Secretary of Homeland Security, shall--
``(1) issue compulsory and binding policies and directives
governing agency information security operations, and require
implementation of such policies and directives, including--
``(A) policies and directives consistent with the
standards and guidelines promulgated under section
11331 of title 40 to identify and provide information
security protections prioritized and commensurate with
the risk and impact resulting from the unauthorized
access, use, disclosure, disruption, modification, or
destruction of--
``(i) information collected or maintained
by or on behalf of an agency; or
``(ii) information systems used or operated
by an agency or by a contractor of an agency or
other organization on behalf of an agency;
``(B) minimum operational requirements for Federal
Government to protect agency information systems and
provide common situational awareness across all agency
information systems;
``(C) reporting requirements, consistent with
relevant law, regarding information security incidents
and cyber threat information;
``(D) requirements for agencywide information
security programs;
``(E) performance requirements and metrics for the
security of agency information systems;
``(F) training requirements to ensure that agencies
are able to fully and timely comply with the policies
and directives issued by the Secretary under this
subchapter;
``(G) training requirements regarding privacy,
civil rights, and civil liberties, and information
oversight for agency information security personnel;
``(H) requirements for the annual reports to the
Secretary under section 3554(d);
``(I) any other information security operations or
information security requirements as determined by the
Secretary in coordination with relevant agency heads;
and
``(J) coordinating the development of standards and
guidelines under section 20 of the National Institute
of Standards and Technology Act (15 U.S.C. 278g-3) with
agencies and offices operating or exercising control of
national security systems (including the National
Security Agency) to assure, to the maximum extent
feasible, that such standards and guidelines are
complementary with standards and guidelines developed
for national security systems;
``(2) review the agencywide information security programs
under section 3554; and
``(3) designate an individual or an entity at each
cybersecurity center, among other responsibilities--
``(A) to receive reports and information about
information security incidents, cyber threat
information, and deterioration of security control
affecting agency information systems; and
``(B) to act on or share the information under
subparagraph (A) in accordance with this subchapter.
``(b) Considerations.--When issuing policies and directives under
subsection (a), the Secretary shall consider any applicable standards
or guidelines developed by the National Institute of Standards and
Technology under section 11331 of title 40.
``(c) Limitation of Authority.--The authorities of the Secretary
under this section shall not apply to national security systems.
Information security policies, directives, standards and guidelines for
national security systems shall be overseen as directed by the
President and, in accordance with that direction, carried out under the
authority of the heads of agencies that operate or exercise authority
over such national security systems.
``(d) Statutory Construction.--Nothing in this subchapter shall be
construed to alter or amend any law regarding the authority of any head
of an agency over such agency.
``Sec. 3554. Agency responsibilities
``(a) In General.--The head of each agency shall--
``(1) be responsible for--
``(A) complying with the policies and directives
issued under section 3553;
``(B) providing information security protections
commensurate with the risk resulting from unauthorized
access, use, disclosure, disruption, modification, or
destruction of--
``(i) information collected or maintained
by the agency or by a contractor of an agency
or other organization on behalf of an agency;
and
``(ii) information systems used or operated
by an agency or by a contractor of an agency or
other organization on behalf of an agency;
``(C) complying with the requirements of this
subchapter, including--
``(i) information security standards and
guidelines promulgated under section 11331 of
title 40;
``(ii) for any national security systems
operated or controlled by that agency,
information security policies, directives,
standards and guidelines issued as directed by
the President; and
``(iii) for any non-national security
systems operated or controlled by that agency,
information security policies, directives,
standards and guidelines issued under section
3553;
``(D) ensuring that information security management
processes are integrated with agency strategic and
operational planning processes;
``(E) reporting and sharing, for an agency
operating or exercising control of a national security
system, information about information security
incidents, cyber threat information, and deterioration
of security controls to the individual or entity
designated at each cybersecurity center and to other
appropriate entities consistent with policies and
directives for national security systems issued as
directed by the President; and
``(F) reporting and sharing, for those agencies
operating or exercising control of non-national
security systems, information about information
security incidents, cyber threat information, and
deterioration of security controls to the individual or
entity designated at each cybersecurity center and to
other appropriate entities consistent with policies and
directives for non-national security systems as
prescribed under section 3553(a), including information
to assist the entity designated under section 3555(a)
with the ongoing security analysis under section 3555;
``(2) ensure that each senior agency official provides
information security for the information and information
systems that support the operations and assets under the senior
agency official's control, including by--
``(A) assessing the risk and impact that could
result from the unauthorized access, use, disclosure,
disruption, modification, or destruction of such
information or information systems;
``(B) determining the level of information security
appropriate to protect such information and information
systems in accordance with policies and directives
issued under section 3553(a), and standards and
guidelines promulgated under section 11331 of title 40
for information security classifications and related
requirements;
``(C) implementing policies, procedures, and
capabilities to reduce risks to an acceptable level in
a cost-effective manner;
``(D) actively monitoring the effective
implementation of information security controls and
techniques; and
``(E) reporting information about information
security incidents, cyber threat information, and
deterioration of security controls in a timely and
adequate manner to the entity designated under section
3553(a)(3) in accordance with paragraph (1);
``(3) assess and maintain the resiliency of information
technology systems critical to agency mission and operations;
``(4) designate the agency Inspector General (or an
independent entity selected in consultation with the Director
and the Council of Inspectors General on Integrity and
Efficiency if the agency does not have an Inspector General) to
conduct the annual independent evaluation required under
section 3556, and allow the agency Inspector General to
contract with an independent entity to perform such evaluation;
``(5) delegate to the Chief Information Officer or
equivalent (or to a senior agency official who reports to the
Chief Information Officer or equivalent)--
``(A) the authority and primary responsibility to
implement an agencywide information security program;
and
``(B) the authority to provide information security
for the information collected and maintained by the
agency (or by a contractor, other agency, or other
source on behalf of the agency) and for the information
systems that support the operations, assets, and
mission of the agency (including any information system
provided or managed by a contractor, other agency, or
other source on behalf of the agency);
``(6) delegate to the appropriate agency official (who is
responsible for a particular agency system or subsystem) the
responsibility to ensure and enforce compliance with all
requirements of the agency's agencywide information security
program in coordination with the Chief Information Officer or
equivalent (or the senior agency official who reports to the
Chief Information Officer or equivalent) under paragraph (5);
``(7) ensure that an agency has trained personnel who have
obtained any necessary security clearances to permit them to
assist the agency in complying with this subchapter;
``(8) ensure that the Chief Information Officer or
equivalent (or the senior agency official who reports to the
Chief Information Officer or equivalent) under paragraph (5),
in coordination with other senior agency officials, reports to
the agency head on the effectiveness of the agencywide
information security program, including the progress of any
remedial actions; and
``(9) ensure that the Chief Information Officer or
equivalent (or the senior agency official who reports to the
Chief Information Officer or equivalent) under paragraph (5)
has the necessary qualifications to administer the functions
described in this subchapter and has information security
duties as a primary duty of that official.
``(b) Chief Information Officers.--Each Chief Information Officer
or equivalent (or the senior agency official who reports to the Chief
Information Officer or equivalent) under subsection (a)(5) shall--
``(1) establish and maintain an enterprise security
operations capability that on a continuous basis--
``(A) detects, reports, contains, mitigates, and
responds to information security incidents that impair
adequate security of the agency's information or
information system in a timely manner and in accordance
with the policies and directives under section 3553;
and
``(B) reports any information security incident
under subparagraph (A) to the entity designated under
section 3555;
``(2) develop, maintain, and oversee an agencywide
information security program;
``(3) develop, maintain, and oversee information security
policies, procedures, and control techniques to address
applicable requirements, including requirements under section
3553 of this title and section 11331 of title 40; and
``(4) train and oversee the agency personnel who have
significant responsibility for information security with
respect to that responsibility.
``(c) Agencywide Information Security Programs.--
``(1) In general.--Each agencywide information security
program under subsection (b)(2) shall include--
``(A) relevant security risk assessments, including
technical assessments and others related to the
acquisition process;
``(B) security testing commensurate with risk and
impact;
``(C) mitigation of deterioration of security
controls commensurate with risk and impact;
``(D) risk-based continuous monitoring and threat
assessment of the operational status and security of
agency information systems to enable evaluation of the
effectiveness of and compliance with information
security policies, procedures, and practices, including
a relevant and appropriate selection of security
controls of information systems identified in the
inventory under section 3505(c);
``(E) operation of appropriate technical
capabilities in order to detect, mitigate, report, and
respond to information security incidents, cyber threat
information, and deterioration of security controls in
a manner that is consistent with the policies and
directives under section 3553, including--
``(i) mitigating risks associated with such
information security incidents;
``(ii) notifying and consulting with the
entity designated under section 3555; and
``(iii) notifying and consulting with, as
appropriate--
``(I) law enforcement and the
relevant Office of the Inspector
General; and
``(II) any other entity, in
accordance with law and as directed by
the President;
``(F) a process to ensure that remedial action is
taken to address any deficiencies in the information
security policies, procedures, and practices of the
agency; and
``(G) a plan and procedures to ensure the
continuity of operations for information systems that
support the operations and assets of the agency.
``(2) Risk management strategies.--Each agencywide
information security program under subsection (b)(2) shall
include the development and maintenance of a risk management
strategy for information security. The risk management strategy
shall include--
``(A) consideration of information security
incidents, cyber threat information, and deterioration
of security controls; and
``(B) consideration of the consequences that could
result from the unauthorized access, use, disclosure,
disruption, modification, or destruction of information
and information systems that support the operations and
assets of the agency, including any information system
provided or managed by a contractor, other agency, or
other source on behalf of the agency;
``(3) Policies and procedures.--Each agencywide information
security program under subsection (b)(2) shall include policies
and procedures that--
``(A) are based on the risk management strategy
under paragraph (2);
``(B) reduce information security risks to an
acceptable level in a cost-effective manner;
``(C) ensure that cost-effective and adequate
information security is addressed as part of the
acquisition and ongoing management of each agency
information system; and
``(D) ensure compliance with--
``(i) this subchapter; and
``(ii) any other applicable requirements.
``(4) Training requirements.--Each agencywide information
security program under subsection (b)(2) shall include
information security, privacy, civil rights, civil liberties,
and information oversight training that meets any applicable
requirements under section 3553. The training shall inform each
information security personnel that has access to agency
information systems (including contractors and other users of
information systems that support the operations and assets of
the agency) of--
``(A) the information security risks associated
with the information security personnel's activities;
and
``(B) the individual's responsibility to comply
with the agency policies and procedures that reduce the
risks under subparagraph (A).
``(d) Annual Report.--Each agency shall submit a report annually to
the Secretary of Homeland Security on its agencywide information
security program and information systems.
``Sec. 3555. Multiagency ongoing threat assessment
``(a) Implementation.--The Director of the Office of Management and
Budget, in coordination with the Secretary of Homeland Security, shall
designate an entity to implement ongoing security analysis concerning
agency information systems--
``(1) based on cyber threat information;
``(2) based on agency information system and environment of
operation changes, including--
``(A) an ongoing evaluation of the information
system security controls; and
``(B) the security state, risk level, and
environment of operation of an agency information
system, including--
``(i) a change in risk level due to a new
cyber threat;
``(ii) a change resulting from a new
technology;
``(iii) a change resulting from the
agency's mission; and
``(iv) a change resulting from the business
practice; and
``(3) using automated processes to the maximum extent
possible--
``(A) to increase information system security;
``(B) to reduce paper-based reporting requirements;
and
``(C) to maintain timely and actionable knowledge
of the state of the information system security.
``(b) Standards.--The National Institute of Standards and
Technology may promulgate standards, in coordination with the Secretary
of Homeland Security, to assist an agency with its duties under this
section.
``(c) Compliance.--The head of each appropriate department and
agency shall be responsible for ensuring compliance and implementing
necessary procedures to comply with this section. The head of each
appropriate department and agency, in consultation with the Director of
the Office of Management and Budget and the Secretary of Homeland
Security, shall--
``(1) monitor compliance under this section;
``(2) develop a timeline and implement for the department
or agency--
``(A) adoption of any technology, system, or method
that facilitates continuous monitoring and threat
assessments of an agency information system;
``(B) adoption or updating of any technology,
system, or method that prevents, detects, or remediates
a significant cyber incident to a Federal information
system of the department or agency that has impeded, or
is reasonably likely to impede, the performance of a
critical mission of the department or agency; and
``(C) adoption of any technology, system, or method
that satisfies a requirement under this section.
``(d) Limitation of Authority.--The authorities of the Director of
the Office of Management and Budget and of the Secretary of Homeland
Security under this section shall not apply to national security
systems.
``(e) Report.--Not later than 6 months after the date of enactment
of the Strengthening and Enhancing Cybersecurity by Using Research,
Education, Information, and Technology Act of 2012, the Government
Accountability Office shall issue a report evaluating each agency's
status toward implementing this section.
``Sec. 3556. Independent evaluations
``(a) In General.--The Council of the Inspectors General on
Integrity and Efficiency, in consultation with the Director and the
Secretary of Homeland Security, the Secretary of Commerce, and the
Secretary of Defense, shall issue and maintain criteria for the timely,
cost-effective, risk-based, and independent evaluation of each
agencywide information security program (and practices) to determine
the effectiveness of the agencywide information security program (and
practices). The criteria shall include measures to assess any conflicts
of interest in the performance of the evaluation and whether the
agencywide information security program includes appropriate safeguards
against disclosure of information where such disclosure may adversely
affect information security.
``(b) Annual Independent Evaluations.--Each agency shall perform an
annual independent evaluation of its agencywide information security
program (and practices) in accordance with the criteria under
subsection (a).
``(c) Distribution of Reports.--Not later than 30 days after
receiving an independent evaluation under subsection (b), each agency
head shall transmit a copy of the independent evaluation to the
Secretary of Homeland Security, the Secretary of Commerce, and the
Secretary of Defense.
``(d) National Security Systems.--Evaluations involving national
security systems shall be conducted as directed by President.
``Sec. 3557. National security systems.
``The head of each agency operating or exercising control of a
national security system shall be responsible for ensuring that the
agency--
``(1) provides information security protections
commensurate with the risk and magnitude of the harm resulting
from the unauthorized access, use, disclosure, disruption,
modification, or destruction of the information contained in
such system; and
``(2) implements information security policies and
practices as required by standards and guidelines for national
security systems, issued in accordance with law and as directed
by the President.''.
(b) Savings Provisions.--
(1) Policy and compliance guidance.--Policy and compliance
guidance issued by the Director before the date of enactment of
this Act under section 3543(a)(1) of title 44, United States
Code (as in effect on the day before the date of enactment of
this Act), shall continue in effect, according to its terms,
until modified, terminated, superseded, or repealed pursuant to
section 3553(a)(1) of title 44, United States Code.
(2) Standards and guidelines.--Standards and guidelines
issued by the Secretary of Commerce or by the Director before
the date of enactment of this Act under section 11331(a)(1) of
title 40, United States Code, (as in effect on the day before
the date of enactment of this Act) shall continue in effect,
according to their terms, until modified, terminated,
superseded, or repealed pursuant to section 11331(a)(1) of
title 40, United States Code, as amended by this Act.
(c) Technical and Conforming Amendments.--
(1) Chapter analysis.--The chapter analysis for chapter 35
of title 44, United States Code, is amended--
(A) by striking the items relating to sections 3531
through 3538;
(B) by striking the items relating to sections 3541
through 3549; and
(C) by inserting the following:
``3551. Purposes.
``3552. Definitions.
``3553. Federal information security authority and coordination.
``3554. Agency responsibilities.
``3555. Multiagency ongoing threat assessment.
``3556. Independent evaluations.
``3557. National security systems.''.
(2) Other references.--
(A) Section 1001(c)(1)(A) of the Homeland Security
Act of 2002 (6 U.S.C. 511(1)(A)) is amended by striking
``section 3532(3)'' and inserting ``section 3552''.
(B) Section 2222(j)(5) of title 10, United States
Code, is amended by striking ``section 3542(b)(2)'' and
inserting ``section 3552''.
(C) Section 2223(c)(3) of title 10, United States
Code, is amended, by striking ``section 3542(b)(2)''
and inserting ``section 3552''.
(D) Section 2315 of title 10, United States Code,
is amended by striking ``section 3542(b)(2)'' and
inserting ``section 3552''.
(E) Section 20 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3) is
amended--
(i) in subsection (a)(2), by striking
``section 3532(b)(2)'' and inserting ``section
3552'';
(ii) in subsection (c)(3), by striking
``Director of the Office of Management and
Budget'' and inserting ``Secretary of
Commerce'';
(iii) in subsection (d)(1), by striking
``Director of the Office of Management and
Budget'' and inserting ``Secretary of
Commerce'';
(iv) in subsection (d)(8) by striking
``Director of the Office of Management and
Budget'' and inserting ``Secretary of
Commerce'';
(v) in subsection (d)(8), by striking
``submitted to the Director'' and inserting
``submitted to the Secretary'';
(vi) in subsection (e)(2), by striking
``section 3532(1) of such title'' and inserting
``section 3552 of title 44''; and
(vii) in subsection (e)(5), by striking
``section 3532(b)(2) of such title'' and
inserting ``section 3552 of title 44''.
(F) Section 8(d)(1) of the Cyber Security Research
and Development Act (15 U.S.C. 7406(d)(1)) is amended
by striking ``section 3534(b)'' and inserting ``section
3554(b)(2)''.
SEC. 202. MANAGEMENT OF INFORMATION TECHNOLOGY.
(a) In General.--Section 11331 of title 40, United States Code, is
amended to read as follows:
``Sec. 11331. Responsibilities for Federal information systems
standards
``(a) Standards and Guidelines.--
``(1) Authority to prescribe.--Except as provided under
paragraph (2), the Secretary of Commerce shall prescribe
standards and guidelines pertaining to Federal information
systems--
``(A) in consultation with the Secretary of
Homeland Security; and
``(B) on the basis of standards and guidelines
developed by the National Institute of Standards and
Technology under paragraphs (2) and (3) of section
20(a) of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3(a)(2) and (a)(3)).
``(2) National security systems.--Standards and guidelines
for national security systems shall be developed, prescribed,
enforced, and overseen as otherwise authorized by law and as
directed by the President.
``(b) Mandatory Standards and Guidelines.--
``(1) Authority to make mandatory standards and
guidelines.--The Secretary of Commerce shall make standards and
guidelines under subsection (a)(1) compulsory and binding to
the extent determined necessary by the Secretary of Commerce to
improve the efficiency of operation or security of Federal
information systems.
``(2) Required mandatory standards and guidelines.--
``(A) In general.--Standards and guidelines under
subsection (a)(1) shall include information security
standards that--
``(i) provide minimum information security
requirements as determined under section 20(b)
of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3(b)); and
``(ii) are otherwise necessary to improve
the security of Federal information and
information systems.
``(B) Binding effect.--Information security
standards under subparagraph (A) shall be compulsory
and binding.
``(c) Exercise of Authority.--To ensure fiscal and policy
consistency, the Secretary of Commerce shall exercise the authority
conferred by this section subject to direction by the President and in
coordination with the Director.
``(d) Application of More Stringent Standards and Guidelines.--The
head of an executive agency may employ standards for the cost-effective
information security for information systems within or under the
supervision of that agency that are more stringent than the standards
and guidelines the Secretary of Commerce prescribes under this section
if the more stringent standards and guidelines--
``(1) contain at least the applicable standards and
guidelines made compulsory and binding by the Secretary of
Commerce; and
``(2) are otherwise consistent with the policies,
directives, and implementation memoranda issued under section
3553(a) of title 44.
``(e) Decisions on Promulgation of Standards and Guidelines.--The
decision by the Secretary of Commerce regarding the promulgation of any
standard or guideline under this section shall occur not later than 6
months after the date of submission of the proposed standard to the
Secretary of Commerce by the National Institute of Standards and
Technology under section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3).
``(f) Notice and Comment.--A decision by the Secretary of Commerce
to significantly modify, or not promulgate, a proposed standard
submitted to the Secretary by the National Institute of Standards and
Technology under section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) shall be made after the public is
given an opportunity to comment on the Secretary's proposed decision.
``(g) Definitions.--In this section:
``(1) Federal information system.--The term `Federal
information system' has the meaning given the term in section
3552 of title 44.
``(2) Information security.--The term `information
security' has the meaning given the term in section 3552 of
title 44.
``(3) National security system.--The term `national
security system' has the meaning given the term in section 3552
of title 44.''.
SEC. 203. NO NEW FUNDING.
An applicable Federal agency shall carry out the provisions of this
title with existing facilities and funds otherwise available, through
such means as the head of the agency considers appropriate.
SEC. 204. TECHNICAL AND CONFORMING AMENDMENTS.
Section 21(b) of the National Institute of Standards and Technology
Act (15 U.S.C. 278g-4(b)) is amended--
(1) in paragraph (2), by striking ``and the Director of the
Office of Management and Budget'' and inserting ``, the
Secretary of Commerce, and the Secretary of Homeland
Security''; and
(2) in paragraph (3), by inserting ``, the Secretary of
Homeland Security,'' after ``the Secretary of Commerce''.
SEC. 205. CLARIFICATION OF AUTHORITIES.
Nothing in this title shall be construed to convey any new
regulatory authority to any government entity implementing or complying
with any provision of this title.
TITLE III--CRIMINAL PENALTIES
SEC. 301. PENALTIES FOR FRAUD AND RELATED ACTIVITY IN CONNECTION WITH
COMPUTERS.
Section 1030(c) of title 18, United States Code, is amended to read
as follows:
``(c) The punishment for an offense under subsection (a) or (b) of
this section is--
``(1) a fine under this title or imprisonment for not more
than 20 years, or both, in the case of an offense under
subsection (a)(1) of this section;
``(2)(A) except as provided in subparagraph (B), a fine
under this title or imprisonment for not more than 3 years, or
both, in the case of an offense under subsection (a)(2); or
``(B) a fine under this title or imprisonment for
not more than ten years, or both, in the case of an
offense under subsection (a)(2) of this section, if--
``(i) the offense was committed for
purposes of commercial advantage or private
financial gain;
``(ii) the offense was committed in the
furtherance of any criminal or tortious act in
violation of the Constitution or laws of the
United States, or of any State; or
``(iii) the value of the information
obtained, or that would have been obtained if
the offense was completed, exceeds $5,000;
``(3) a fine under this title or imprisonment for not more
than 10 years, or both, in the case of an offense under
subsection (a)(3) of this section;
``(4) a fine under this title or imprisonment of not more
than 20 years, or both, in the case of an offense under
subsection (a)(4) of this section;
``(5)(A) except as provided in subparagraph (C), a fine
under this title, imprisonment for not more than 20 years, or
both, in the case of an offense under subsection (a)(5)(A) of
this section, if the offense caused--
``(i) loss to 1 or more persons during any
1-year period (and, for purposes of an
investigation, prosecution, or other proceeding
brought by the United States only, loss
resulting from a related course of conduct
affecting 1 or more other protected computers)
aggregating at least $5,000 in value;
``(ii) the modification or impairment, or
potential modification or impairment, of the
medical examination, diagnosis, treatment, or
care of 1 or more individuals;
``(iii) physical injury to any person;
``(iv) a threat to public health or safety;
``(v) damage affecting a computer used by,
or on behalf of, an entity of the United States
Government in furtherance of the administration
of justice, national defense, or national
security; or
``(vi) damage affecting 10 or more
protected computers during any 1-year period;
``(B) a fine under this title, imprisonment for not
more than 20 years, or both, in the case of an offense
under subsection (a)(5)(B), if the offense caused a
harm provided in clause (i) through (vi) of
subparagraph (A) of this subsection;
``(C) if the offender attempts to cause or
knowingly or recklessly causes death from conduct in
violation of subsection (a)(5)(A), a fine under this
title, imprisonment for any term of years or for life,
or both;
``(D) a fine under this title, imprisonment for not
more than 10 years, or both, for any other offense
under subsection (a)(5);
``(E) a fine under this title or imprisonment for
not more than 10 years, or both, in the case of an
offense under subsection (a)(6) of this section; or
``(F) a fine under this title or imprisonment for
not more than 10 years, or both, in the case of an
offense under subsection (a)(7) of this section.''.
SEC. 302. TRAFFICKING IN PASSWORDS.
Section 1030(a)(6) of title 18, United States Code, is amended to
read as follows:
``(6) knowingly and with intent to defraud traffics (as
defined in section 1029) in any password or similar information
or means of access through which a protected computer (as
defined in subparagraphs (A) and (B) of subsection (e)(2)) may
be accessed without authorization.''.
SEC. 303. CONSPIRACY AND ATTEMPTED COMPUTER FRAUD OFFENSES.
Section 1030(b) of title 18, United States Code, is amended by
inserting ``as if for the completed offense'' after ``punished as
provided''.
SEC. 304. CRIMINAL AND CIVIL FORFEITURE FOR FRAUD AND RELATED ACTIVITY
IN CONNECTION WITH COMPUTERS.
Section 1030 of title 18, United States Code, is amended by
striking subsections (i) and (j) and inserting the following:
``(i) Criminal Forfeiture.--
``(1) The court, in imposing sentence on any person
convicted of a violation of this section, or convicted of
conspiracy to violate this section, shall order, in addition to
any other sentence imposed and irrespective of any provision of
State law, that such person forfeit to the United States--
``(A) such persons interest in any property, real
or personal, that was used, or intended to be used, to
commit or facilitate the commission of such violation;
and
``(B) any property, real or personal, constituting
or derived from any gross proceeds, or any property
traceable to such property, that such person obtained,
directly or indirectly, as a result of such violation.
``(2) The criminal forfeiture of property under this
subsection, including any seizure and disposition of the
property, and any related judicial or administrative
proceeding, shall be governed by the provisions of section 413
of the Comprehensive Drug Abuse Prevention and Control Act of
1970 (21 U.S.C. 853), except subsection (d) of that section.
``(j) Civil Forfeiture.--
``(1) The following shall be subject to forfeiture to the
United States and no property right, real or personal, shall
exist in them:
``(A) Any property, real or personal, that was
used, or intended to be used, to commit or facilitate
the commission of any violation of this section, or a
conspiracy to violate this section.
``(B) Any property, real or personal, constituting
or derived from any gross proceeds obtained directly or
indirectly, or any property traceable to such property,
as a result of the commission of any violation of this
section, or a conspiracy to violate this section.
``(2) Seizures and forfeitures under this subsection shall
be governed by the provisions in chapter 46 relating to civil
forfeitures, except that such duties as are imposed on the
Secretary of the Treasury under the customs laws described in
section 981(d) shall be performed by such officers, agents and
other persons as may be designated for that purpose by the
Secretary of Homeland Security or the Attorney General.''.
SEC. 305. DAMAGE TO CRITICAL INFRASTRUCTURE COMPUTERS.
(a) In General.--Chapter 47 of title 18, United States Code, is
amended by inserting after section 1030 the following:
``Sec. 1030A. Aggravated damage to a critical infrastructure computer
``(a) Definitions.--In this section--
``(1) the term `computer' has the meaning given the term in
section 1030;
``(2) the term `critical infrastructure computer' means a
computer that manages or controls systems or assets vital to
national defense, national security, national economic
security, public health or safety, or any combination of those
matters, whether publicly or privately owned or operated,
including--
``(A) oil and gas production, storage, conversion,
and delivery systems;
``(B) water supply systems;
``(C) telecommunication networks;
``(D) electrical power generation and delivery
systems;
``(E) finance and banking systems;
``(F) emergency services;
``(G) transportation systems and services; and
``(H) government operations that provide essential
services to the public; and
``(3) the term `damage' has the meaning given the term in
section 1030.
``(b) Offense.--It shall be unlawful, during and in relation to a
felony violation of section 1030, to knowingly cause or attempt to
cause damage to a critical infrastructure computer if the damage
results in (or, in the case of an attempt, if completed, would have
resulted in) the substantial impairment--
``(1) of the operation of the critical infrastructure
computer; or
``(2) of the critical infrastructure associated with the
computer.
``(c) Penalty.--Any person who violates subsection (b) shall be--
``(1) fined under this title;
``(2) imprisoned for not less than 3 years but not more
than 20 years; or
``(3) penalized under paragraphs (1) and (2).
``(d) Consecutive Sentence.--Notwithstanding any other provision of
law--
``(1) a court shall not place on probation any person
convicted of a violation of this section;
``(2) except as provided in paragraph (4), no term of
imprisonment imposed on a person under this section shall run
concurrently with any other term of imprisonment, including any
term of imprisonment imposed on the person under any other
provision of law, including any term of imprisonment imposed
for a felony violation of section 1030;
``(3) in determining any term of imprisonment to be imposed
for a felony violation of section 1030, a court shall not in
any way reduce the term to be imposed for such crime so as to
compensate for, or otherwise take into account, any separate
term of imprisonment imposed or to be imposed for a violation
of this section; and
``(4) a term of imprisonment imposed on a person for a
violation of this section may, in the discretion of the court,
run concurrently, in whole or in part, only with another term
of imprisonment that is imposed by the court at the same time
on that person for an additional violation of this section,
provided that such discretion shall be exercised in accordance
with any applicable guidelines and policy statements issued by
the United States Sentencing Commission pursuant to section 994
of title 28.''.
(b) Technical and Conforming Amendment.--The chapter analysis for
chapter 47 of title 18, United States Code, is amended by inserting
after the item relating to section 1030 the following:
``1030A. Aggravated damage to a critical infrastructure computer.''.
SEC. 306. LIMITATION ON ACTIONS INVOLVING UNAUTHORIZED USE.
Section 1030(e)(6) of title 18, United States Code, is amended by
striking ``alter;'' and inserting ``alter, but does not include access
in violation of a contractual obligation or agreement, such as an
acceptable use policy or terms of service agreement, with an Internet
service provider, Internet website, or non-government employer, if such
violation constitutes the sole basis for determining that access to a
protected computer is unauthorized;''.
SEC. 307. NO NEW FUNDING.
An applicable Federal agency shall carry out the provisions of this
title with existing facilities and funds otherwise available, through
such means as the head of the agency considers appropriate.
TITLE IV--CYBERSECURITY RESEARCH AND DEVELOPMENT
SEC. 401. NATIONAL HIGH-PERFORMANCE COMPUTING PROGRAM PLANNING AND
COORDINATION.
(a) Goals and Priorities.--Section 101 of the High-Performance
Computing Act of 1991 (15 U.S.C. 5511) is amended by adding at the end
the following:
``(d) Goals and Priorities.--The goals and priorities for Federal
high-performance computing research, development, networking, and other
activities under subsection (a)(2)(A) shall include--
``(1) encouraging and supporting mechanisms for
interdisciplinary research and development in networking and
information technology, including--
``(A) through collaborations across agencies;
``(B) through collaborations across Program
Component Areas;
``(C) through collaborations with industry;
``(D) through collaborations with institutions of
higher education;
``(E) through collaborations with Federal
laboratories (as defined in section 4 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3703)); and
``(F) through collaborations with international
organizations;
``(2) addressing national, multi-agency, multi-faceted
challenges of national importance; and
``(3) fostering the transfer of research and development
results into new technologies and applications for the benefit
of society.''.
(b) Development of Strategic Plan.--Section 101 of the High-
Performance Computing Act of 1991 (15 U.S.C. 5511) is amended by adding
at the end the following:
``(e) Strategic Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Strengthening and Enhancing Cybersecurity by
Using Research, Education, Information, and Technology Act of
2012, the agencies under subsection (a)(3)(B), working through
the National Science and Technology Council and with the
assistance of the Office of Science and Technology Policy shall
develop a 5-year strategic plan to guide the activities under
subsection (a)(1).
``(2) Contents.--The strategic plan shall specify--
``(A) the near-term objectives for the Program;
``(B) the long-term objectives for the Program;
``(C) the anticipated time frame for achieving the
near-term objectives;
``(D) the metrics that will be used to assess any
progress made toward achieving the near-term objectives
and the long-term objectives; and
``(E) how the Program will achieve the goals and
priorities under subsection (d).
``(3) Implementation roadmap.--
``(A) In general.--The agencies under subsection
(a)(3)(B) shall develop and annually update an
implementation roadmap for the strategic plan.
``(B) Requirements.--The information in the
implementation roadmap shall be coordinated with the
database under section 102(c) and the annual report
under section 101(a)(3). The implementation roadmap
shall--
``(i) specify the role of each Federal
agency in carrying out or sponsoring research
and development to meet the research objectives
of the strategic plan, including a description
of how progress toward the research objectives
will be evaluated, with consideration of any
relevant recommendations of the advisory
committee;
``(ii) specify the funding allocated to
each major research objective of the strategic
plan and the source of funding by agency for
the current fiscal year; and
``(iii) estimate the funding required for
each major research objective of the strategic
plan for the next 3 fiscal years.
``(4) Recommendations.--The agencies under subsection
(a)(3)(B) shall take into consideration when developing the
strategic plan under paragraph (1) the recommendations of--
``(A) the advisory committee under subsection (b);
and
``(B) the stakeholders under section 102(a)(3).
``(5) Report to congress.--The Director of the Office of
Science and Technology Policy shall transmit the strategic plan
under this subsection, including the implementation roadmap and
any updates under paragraph (3), to--
``(A) the advisory committee under subsection (b);
``(B) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(C) the Committee on Science and Technology of
the House of Representatives.''.
(c) Periodic Reviews.--Section 101 of the High-Performance
Computing Act of 1991 (15 U.S.C. 5511) is amended by adding at the end
the following:
``(f) Periodic Reviews.--The agencies under subsection (a)(3)(B)
shall--
``(1) periodically assess the contents and funding levels
of the Program Component Areas and restructure the Program when
warranted, taking into consideration any relevant
recommendations of the advisory committee under subsection (b);
and
``(2) ensure that the Program includes national, multi-
agency, multi-faceted research and development activities,
including activities described in section 104.''.
(d) Additional Responsibilities of Director.--Section 101(a)(2) of
the High-Performance Computing Act of 1991 (15 U.S.C. 5511(a)(2)) is
amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (G) and (H), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) encourage and monitor the efforts of the
agencies participating in the Program to allocate the
level of resources and management attention necessary--
``(i) to ensure that the strategic plan
under subsection (e) is developed and executed
effectively; and
``(ii) to ensure that the objectives of the
Program are met;
``(F) working with the Office of Management and
Budget and in coordination with the creation of the
database under section 102(c), direct the Office of
Science and Technology Policy and the agencies
participating in the Program to establish a mechanism
(consistent with existing law) to track all ongoing and
completed research and development projects and
associated funding;''.
(e) Advisory Committee.--Section 101(b) of the High-Performance
Computing Act of 1991 (15 U.S.C. 5511(b)) is amended--
(1) in paragraph (1)--
(A) by inserting after the first sentence the
following: ``The co-chairs of the advisory committee
shall meet the qualifications of committee members and
may be members of the Presidents Council of Advisors on
Science and Technology.''; and
(B) by striking ``high-performance'' in
subparagraph (D) and inserting ``high-end''; and
(2) by amending paragraph (2) to read as follows:
``(2) In addition to the duties under paragraph (1), the
advisory committee shall conduct periodic evaluations of the
funding, management, coordination, implementation, and
activities of the Program. The advisory committee shall report
its findings and recommendations not less frequently than once
every 3 fiscal years to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science and
Technology of the House of Representatives. The report shall be
submitted in conjunction with the update of the strategic
plan.''.
(f) Report.--Section 101(a)(3) of the High-Performance Computing
Act of 1991 (15 U.S.C. 5511(a)(3)) is amended--
(1) in subparagraph (C)--
(A) by striking ``is submitted,'' and inserting
``is submitted, the levels for the previous fiscal
year,''; and
(B) by striking ``each Program Component Area'' and
inserting ``each Program Component Area and each
research area supported in accordance with section
104'';
(2) in subparagraph (D)--
(A) by striking ``each Program Component Area,''
and inserting ``each Program Component Area and each
research area supported in accordance with section
104,'';
(B) by striking ``is submitted,'' and inserting
``is submitted, the levels for the previous fiscal
year,''; and
(C) by striking ``and'' after the semicolon;
(3) by redesignating subparagraph (E) as subparagraph (G);
and
(4) by inserting after subparagraph (D) the following:
``(E) include a description of how the objectives
for each Program Component Area, and the objectives for
activities that involve multiple Program Component
Areas, relate to the objectives of the Program
identified in the strategic plan under subsection (e);
``(F) include--
``(i) a description of the funding required
by the Office of Science and Technology Policy
to perform the functions under subsections (a)
and (c) of section 102 for the next fiscal year
by category of activity;
``(ii) a description of the funding
required by the Office of Science and
Technology Policy to perform the functions
under subsections (a) and (c) of section 102
for the current fiscal year by category of
activity; and
``(iii) the amount of funding provided for
the Office of Science and Technology Policy for
the current fiscal year by each agency
participating in the Program; and''.
(g) Definitions.--Section 4 of the High-Performance Computing Act
of 1991 (15 U.S.C. 5503) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by redesignating paragraph (3) as paragraph (6);
(3) by redesignating paragraphs (6) and (7) as paragraphs
(7) and (8), respectively;
(4) by inserting before paragraph (2), as redesignated, the
following:
``(1) `cyber-physical systems' means physical or engineered
systems whose networking and information technology functions
and physical elements are deeply integrated and are actively
connected to the physical world through sensors, actuators, or
other means to perform monitoring and control functions;'';
(5) in paragraph (3), as redesignated, by striking ``high-
performance computing'' and inserting ``networking and
information technology'';
(6) in paragraph (6), as redesignated--
(A) by striking ``high-performance computing'' and
inserting ``networking and information technology'';
and
(B) by striking ``supercomputer'' and inserting
``high-end computing'';
(7) in paragraph (5), by striking ``network referred to
as'' and all that follows through the semicolon and inserting
``network, including advanced computer networks of Federal
agencies and departments''; and
(8) in paragraph (7), as redesignated, by striking
``National High-Performance Computing Program'' and inserting
``networking and information technology research and
development program''.
SEC. 402. RESEARCH IN AREAS OF NATIONAL IMPORTANCE.
(a) Research in Areas of National Importance.--Title I of the High-
Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.) is amended
by adding at the end the following:
``SEC. 104. RESEARCH IN AREAS OF NATIONAL IMPORTANCE.
``(a) In General.--The Program shall encourage agencies under
section 101(a)(3)(B) to support, maintain, and improve national, multi-
agency, multi-faceted, research and development activities in
networking and information technology directed toward application areas
that have the potential for significant contributions to national
economic competitiveness and for other significant societal benefits.
``(b) Technical Solutions.--An activity under subsection (a) shall
be designed to advance the development of research discoveries by
demonstrating technical solutions to important problems in areas
including--
``(1) cybersecurity;
``(2) health care;
``(3) energy management and low-power systems and devices;
``(4) transportation, including surface and air
transportation;
``(5) cyber-physical systems;
``(6) large-scale data analysis and modeling of physical
phenomena;
``(7) large scale data analysis and modeling of behavioral
phenomena;
``(8) supply chain quality and security; and
``(9) privacy protection and protected disclosure of
confidential data.
``(c) Recommendations.--The advisory committee under section 101(b)
shall make recommendations to the Program for candidate research and
development areas for support under this section.
``(d) Characteristics.--
``(1) In general.--Research and development activities
under this section--
``(A) shall include projects selected on the basis
of applications for support through a competitive,
merit-based process;
``(B) shall leverage, when possible, Federal
investments through collaboration with related State
initiatives;
``(C) shall include a plan for fostering the
transfer of research discoveries and the results of
technology demonstration activities, including from
institutions of higher education and Federal
laboratories, to industry for commercial development;
``(D) shall involve collaborations among
researchers in institutions of higher education and
industry; and
``(E) may involve collaborations among nonprofit
research institutions and Federal laboratories, as
appropriate.
``(2) Cost-sharing.--In selecting applications for support,
the agencies under section 101(a)(3)(B) shall give special
consideration to projects that include cost sharing from non-
Federal sources.
``(3) Multidisciplinary research centers.--Research and
development activities under this section shall be supported
through multidisciplinary research centers, including Federal
laboratories, that are organized to investigate basic research
questions and carry out technology demonstration activities in
areas described in subsection (a). Research may be carried out
through existing multidisciplinary centers, including those
authorized under section 7024(b)(2) of the America COMPETES Act
(42 U.S.C. 1862o-10(2)).''.
(b) Cyber-Physical Systems.--Section 101(a)(1) of the High-
Performance Computing Act of 1991 (15 U.S.C. 5511(a)(1)) is amended--
(1) in subparagraph (H), by striking ``and'' after the
semicolon;
(2) in subparagraph (I), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(J) provide for increased understanding of the
scientific principles of cyber-physical systems and
improve the methods available for the design,
development, and operation of cyber-physical systems
that are characterized by high reliability, safety, and
security; and
``(K) provide for research and development on
human-computer interactions, visualization, and big
data.''.
(c) Task Force.--Title I of the High-Performance Computing Act of
1991 (15 U.S.C. 5511 et seq.), as amended by section 402(a) of this
Act, is amended by adding at the end the following:
``SEC. 105. TASK FORCE.
``(a) Establishment.--Not later than 180 days after the date of
enactment the Strengthening and Enhancing Cybersecurity by Using
Research, Education, Information, and Technology Act of 2012, the
Director of the Office of Science and Technology Policy under section
102 shall convene a task force to explore mechanisms for carrying out
collaborative research and development activities for cyber-physical
systems (including the related technologies required to enable these
systems) through a consortium or other appropriate entity with
participants from institutions of higher education, Federal
laboratories, and industry.
``(b) Functions.--The task force shall--
``(1) develop options for a collaborative model and an
organizational structure for such entity under which the joint
research and development activities could be planned, managed,
and conducted effectively, including mechanisms for the
allocation of resources among the participants in such entity
for support of such activities;
``(2) propose a process for developing a research and
development agenda for such entity, including guidelines to
ensure an appropriate scope of work focused on nationally
significant challenges and requiring collaboration and to
ensure the development of related scientific and technological
milestones;
``(3) define the roles and responsibilities for the
participants from institutions of higher education, Federal
laboratories, and industry in such entity;
``(4) propose guidelines for assigning intellectual
property rights and for transferring research results to the
private sector; and
``(5) make recommendations for how such entity could be
funded from Federal, State, and non-governmental sources.
``(c) Composition.--In establishing the task force under subsection
(a), the Director of the Office of Science and Technology Policy shall
appoint an equal number of individuals from institutions of higher
education and from industry with knowledge and expertise in cyber-
physical systems, and may appoint not more than 2 individuals from
Federal laboratories.
``(d) Report.--Not later than 1 year after the date of enactment of
the Strengthening and Enhancing Cybersecurity by Using Research,
Education, Information, and Technology Act of 2012, the Director of the
Office of Science and Technology Policy shall transmit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Science and Technology of the House of Representatives a
report describing the findings and recommendations of the task force.
``(e) Termination.--The task force shall terminate upon transmittal
of the report required under subsection (d).
``(f) Compensation and Expenses.--Members of the task force shall
serve without compensation.''.
SEC. 403. PROGRAM IMPROVEMENTS.
Section 102 of the High-Performance Computing Act of 1991 (15
U.S.C. 5512) is amended to read as follows:
``SEC. 102. PROGRAM IMPROVEMENTS.
``(a) Functions.--The Director of the Office of Science and
Technology Policy shall continue--
``(1) to provide technical and administrative support to--
``(A) the agencies participating in planning and
implementing the Program, including support needed to
develop the strategic plan under section 101(e); and
``(B) the advisory committee under section 101(b);
``(2) to serve as the primary point of contact on Federal
networking and information technology activities for government
agencies, academia, industry, professional societies, State
computing and networking technology programs, interested
citizen groups, and others to exchange technical and
programmatic information;
``(3) to solicit input and recommendations from a wide
range of stakeholders during the development of each strategic
plan under section 101(e) by convening at least 1 workshop with
invitees from academia, industry, Federal laboratories, and
other relevant organizations and institutions;
``(4) to conduct public outreach, including the
dissemination of the advisory committee's findings and
recommendations, as appropriate;
``(5) to promote access to and early application of the
technologies, innovations, and expertise derived from Program
activities to agency missions and systems across the Federal
Government and to United States industry;
``(6) to ensure accurate and detailed budget reporting of
networking and information technology research and development
investment; and
``(7) to encourage agencies participating in the Program to
use existing programs and resources to strengthen networking
and information technology education and training, and increase
participation in such fields, including by women and
underrepresented minorities.
``(b) Source of Funding.--
``(1) In general.--The functions under this section shall
be supported by funds from each agency participating in the
Program.
``(2) Specifications.--The portion of the total budget of
the Office of Science and Technology Policy that is provided by
each agency participating in the Program for each fiscal year
shall be in the same proportion as each agency's share of the
total budget for the Program for the previous fiscal year, as
specified in the database under section 102(c).
``(c) Database.--
``(1) In general.--The Director of the Office of Science
and Technology Policy shall develop and maintain a database of
projects funded by each agency for the fiscal year for each
Program Component Area.
``(2) Public accessibility.--The Director of the Office of
Science and Technology Policy shall make the database
accessible to the public.
``(3) Database contents.--The database shall include, for
each project in the database--
``(A) a description of the project;
``(B) each agency, industry, institution of higher
education, Federal laboratory, or international
institution involved in the project;
``(C) the source funding of the project (set forth
by agency);
``(D) the funding history of the project; and
``(E) whether the project has been completed.''.
SEC. 404. IMPROVING EDUCATION OF NETWORKING AND INFORMATION TECHNOLOGY,
INCLUDING HIGH PERFORMANCE COMPUTING.
Section 201(a) of the High-Performance Computing Act of 1991 (15
U.S.C. 5521(a)) is amended--
(1) by redesignating paragraphs (2) through (4) as
paragraphs (3) through (5), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) the National Science Foundation shall use its
existing programs, in collaboration with other agencies, as
appropriate, to improve the teaching and learning of networking
and information technology at all levels of education and to
increase participation in networking and information technology
fields;''.
SEC. 405. CONFORMING AND TECHNICAL AMENDMENTS TO THE HIGH-PERFORMANCE
COMPUTING ACT OF 1991.
(a) Section 3.--Section 3 of the High-Performance Computing Act of
1991 (15 U.S.C. 5502) is amended--
(1) in the matter preceding paragraph (1), by striking
``high-performance computing'' and inserting ``networking and
information technology'';
(2) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``high-performance computing'' and inserting
``networking and information technology'';
(B) in subparagraphs (A), (F), and (G), by striking
``high-performance computing'' each place it appears
and inserting ``networking and information
technology''; and
(C) in subparagraph (H), by striking ``high-
performance'' and inserting ``high-end''; and
(3) in paragraph (2)--
(A) by striking ``high-performance computing and''
and inserting ``networking and information technology,
and''; and
(B) by striking ``high-performance computing
network'' and inserting ``networking and information
technology''.
(b) Title Heading.--The heading of title I of the High-Performance
Computing Act of 1991 (105 Stat. 1595) is amended by striking ``HIGH-
PERFORMANCE COMPUTING'' and inserting ``NETWORKING AND INFORMATION
TECHNOLOGY''.
(c) Section 101.--Section 101 of the High-Performance Computing Act
of 1991 (15 U.S.C. 5511) is amended--
(1) in the section heading, by striking ``high-performance
computing'' and inserting ``networking and information
technology research and development'';
(2) in subsection (a)--
(A) in the subsection heading, by striking
``National High-Performance Computing'' and inserting
``Networking and Information Technology Research and
Development'';
(B) in paragraph (1)--
(i) by striking ``National High-Performance
Computing Program'' and inserting ``networking
and information technology research and
development program'';
(ii) in subparagraph (A), by striking
``high-performance computing, including
networking'' and inserting ``networking and
information technology'';
(iii) in subparagraphs (B) and (G), by
striking ``high-performance'' each place it
appears and inserting ``high-end''; and
(iv) in subparagraph (C), by striking
``high-performance computing and networking''
and inserting ``high-end computing,
distributed, and networking''; and
(C) in paragraph (2)--
(i) in subparagraphs (A) and (C)--
(I) by striking ``high-performance
computing'' each place it appears and
inserting ``networking and information
technology''; and
(II) by striking ``development,
networking,'' each place it appears and
inserting ``development,''; and
(ii) in subparagraphs (G) and (H), as
redesignated by section 401(d) of this Act, by
striking ``high-performance'' each place it
appears and inserting ``high-end'';
(3) in subsection (b)(1), in the matter preceding
subparagraph (A), by striking ``high-performance computing''
each place it appears and inserting ``networking and
information technology''; and
(4) in subsection (c)(1)(A), by striking ``high-performance
computing'' and inserting ``networking and information
technology''.
(d) Section 201.--Section 201(a)(1) of the High-Performance
Computing Act of 1991 (15 U.S.C. 5521(a)(1)) is amended by striking
``high-performance computing and advanced high-speed computer
networking'' and inserting ``networking and information technology
research and development''.
(e) Section 202.--Section 202(a) of the High-Performance Computing
Act of 1991 (15 U.S.C. 5522(a)) is amended by striking ``high-
performance computing'' and inserting ``networking and information
technology''.
(f) Section 203.--Section 203(a) of the High-Performance Computing
Act of 1991 (15 U.S.C. 5523(a)) is amended--
(1) in paragraph (1), by striking ``high-performance
computing and networking'' and inserting ``networking and
information technology''; and
(2) in paragraph (2)(A), by striking ``high-performance''
and inserting ``high-end''.
(g) Section 204.--Section 204 of the High-Performance Computing Act
of 1991 (15 U.S.C. 5524) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``high-
performance computing systems and networks'' and
inserting ``networking and information technology
systems and capabilities'';
(B) in subparagraph (B), by striking
``interoperability of high-performance computing
systems in networks and for common user interfaces to
systems'' and inserting ``interoperability and
usability of networking and information technology
systems''; and
(C) in subparagraph (C), by striking ``high-
performance computing'' and inserting ``networking and
information technology''; and
(2) in subsection (b)--
(A) by striking ``High-Performance Computing and
Network'' in the heading and inserting ``Networking and
Information Technology''; and
(B) by striking ``sensitive''.
(h) Section 205.--Section 205(a) of the High-Performance Computing
Act of 1991 (15 U.S.C. 5525(a)) is amended by striking
``computational'' and inserting ``networking and information
technology''.
(i) Section 206.--Section 206(a) of the High-Performance Computing
Act of 1991 (15 U.S.C. 5526(a)) is amended by striking ``computational
research'' and inserting ``networking and information technology
research''.
(j) Section 207.--Section 207 of the High-Performance Computing Act
of 1991 (15 U.S.C. 5527) is amended by striking ``high-performance
computing'' and inserting ``networking and information technology''.
(k) Section 208.--Section 208 of the High-Performance Computing Act
of 1991 (15 U.S.C. 5528) is amended--
(1) in the section heading, by striking ``high-performance
computing'' and inserting ``networking and information
technology''; and
(2) in subsection (a)--
(A) in paragraph (1), by striking ``High-
performance computing and associated'' and inserting
``Networking and information'';
(B) in paragraph (2), by striking ``high-
performance computing'' and inserting ``networking and
information technologies'';
(C) in paragraph (3), by striking ``high-
performance'' and inserting ``high-end'';
(D) in paragraph (4), by striking ``high-
performance computers and associated'' and inserting
``networking and information''; and
(E) in paragraph (5), by striking ``high-
performance computing and associated'' and inserting
``networking and information''.
SEC. 406. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.
(a) In General.--The Director of the National Science Foundation,
in coordination with the Secretary of Homeland Security, shall carry
out a Federal cyber scholarship-for-service program to recruit and
train the next generation of information technology professionals and
security managers to meet the needs of the cybersecurity mission for
the Federal government.
(b) Program Description and Components.--The program shall--
(1) annually assess the workforce needs of the Federal
government for cybersecurity professionals, including network
engineers, software engineers, and other experts in order to
determine how many scholarships should be awarded annually to
ensure that the workforce needs following graduation match the
number of scholarships awarded;
(2) provide scholarships for up to 1,000 students per year
in their pursuit of undergraduate or graduate degrees in the
cybersecurity field, in an amount that may include coverage for
full tuition, fees, and a stipend;
(3) require each scholarship recipient, as a condition of
receiving a scholarship under the program, to serve in a
Federal information technology workforce for a period equal to
one and one-half times each year, or partial year, of
scholarship received, in addition to an internship in the
cybersecurity field, if applicable, following graduation;
(4) provide a procedure for the National Science Foundation
or a Federal agency, consistent with regulations of the Office
of Personnel Management, to request and fund a security
clearance for a scholarship recipient, including providing for
clearance during a summer internship and upon graduation; and
(5) provide opportunities for students to receive temporary
appointments for meaningful employment in the Federal
information technology workforce during school vacation periods
and for internships.
(c) Hiring Authority.--
(1) In general.--For purposes of any law or regulation
governing the appointment of an individual in the Federal civil
service, upon the successful completion of the student's
studies, a student receiving a scholarship under the program
may--
(A) be hired under section 213.3102(r) of title 5,
Code of Federal Regulations; and
(B) be exempt from competitive service.
(2) Competitive service.--Upon satisfactory fulfillment of
the service term under paragraph (1), an individual may be
converted to a competitive service position without competition
if the individual meets the requirements for that position.
(d) Eligibility.--The eligibility requirements for a scholarship
under this section shall include that a scholarship applicant--
(1) be a citizen of the United States;
(2) be eligible to be granted a security clearance;
(3) maintain a grade point average of 3.2 or above on a 4.0
scale for undergraduate study or a 3.5 or above on a 4.0 scale
for postgraduate study;
(4) demonstrate a commitment to a career in improving the
security of the information infrastructure; and
(5) has demonstrated a level of proficiency in math or
computer sciences.
(e) Failure to Complete Service Obligation.--
(1) In general.--A scholarship recipient under this section
shall be liable to the United States under paragraph (2) if the
scholarship recipient--
(A) fails to maintain an acceptable level of
academic standing in the educational institution in
which the individual is enrolled, as determined by the
Director;
(B) is dismissed from such educational institution
for disciplinary reasons;
(C) withdraws from the program for which the award
was made before the completion of such program;
(D) declares that the individual does not intend to
fulfill the service obligation under this section;
(E) fails to fulfill the service obligation of the
individual under this section; or
(F) loses a security clearance or becomes
ineligible for a security clearance.
(2) Repayment amounts.--
(A) Less than 1 year of service.--If a circumstance
under paragraph (1) occurs before the completion of 1
year of a service obligation under this section, the
total amount of awards received by the individual under
this section shall be repaid.
(B) One or more years of service.--If a
circumstance described in subparagraph (D) or (E) of
paragraph (1) occurs after the completion of 1 year of
a service obligation under this section, the total
amount of scholarship awards received by the individual
under this section, reduced by the ratio of the number
of years of service completed divided by the number of
years of service required, shall be repaid.
(f) Evaluation and Report.--The Director of the National Science
Foundation shall--
(1) evaluate the success of recruiting individuals for
scholarships under this section and of hiring and retaining
those individuals in the public sector workforce, including the
annual cost and an assessment of how the program actually
improves the Federal workforce; and
(2) periodically report the findings under paragraph (1) to
Congress.
(g) Authorization of Appropriations.--From amounts made available
under section 503 of the America COMPETES Reauthorization Act of 2010
(124 Stat. 4005), the Secretary may use funds to carry out the
requirements of this section for fiscal years 2012 through 2013.
SEC. 407. STUDY AND ANALYSIS OF CERTIFICATION AND TRAINING OF
INFORMATION INFRASTRUCTURE PROFESSIONALS.
(a) Study.--The President shall enter into an agreement with the
National Academies to conduct a comprehensive study of government,
academic, and private-sector accreditation, training, and certification
programs for personnel working in information infrastructure. The
agreement shall require the National Academies to consult with sector
coordinating councils and relevant governmental agencies, regulatory
entities, and nongovernmental organizations in the course of the study.
(b) Scope.--The study shall include--
(1) an evaluation of the body of knowledge and various
skills that specific categories of personnel working in
information infrastructure should possess in order to secure
information systems;
(2) an assessment of whether existing government, academic,
and private-sector accreditation, training, and certification
programs provide the body of knowledge and various skills
described in paragraph (1);
(3) an analysis of any barriers to the Federal Government
recruiting and hiring cybersecurity talent, including barriers
relating to compensation, the hiring process, job
classification, and hiring flexibility; and
(4) an analysis of the sources and availability of
cybersecurity talent, a comparison of the skills and expertise
sought by the Federal Government and the private sector, an
examination of the current and future capacity of United States
institutions of higher education, including community colleges,
to provide current and future cybersecurity professionals,
through education and training activities, with those skills
sought by the Federal Government, State and local entities, and
the private sector.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the National Academies shall submit to the President and
Congress a report on the results of the study. The report shall
include--
(1) findings regarding the state of information
infrastructure accreditation, training, and certification
programs, including specific areas of deficiency and
demonstrable progress; and
(2) recommendations for the improvement of information
infrastructure accreditation, training, and certification
programs.
SEC. 408. INTERNATIONAL CYBERSECURITY TECHNICAL STANDARDS.
(a) In General.--The Director of the National Institute of
Standards and Technology, in coordination with appropriate Federal
authorities, shall--
(1) as appropriate, ensure coordination of Federal agencies
engaged in the development of international technical standards
related to information system security; and
(2) not later than 1 year after the date of enactment of
this Act, develop and transmit to Congress a plan for ensuring
such Federal agency coordination.
(b) Consultation With the Private Sector.--In carrying out the
activities under subsection (a)(1), the Director shall ensure
consultation with appropriate private sector stakeholders.
SEC. 409. IDENTITY MANAGEMENT RESEARCH AND DEVELOPMENT.
The Director of the National Institute of Standards and Technology
shall continue a program to support the development of technical
standards, metrology, testbeds, and conformance criteria, taking into
account appropriate user concerns--
(1) to improve interoperability among identity management
technologies;
(2) to strengthen authentication methods of identity
management systems;
(3) to improve privacy protection in identity management
systems, including health information technology systems,
through authentication and security protocols; and
(4) to improve the usability of identity management
systems.
SEC. 410. FEDERAL CYBERSECURITY RESEARCH AND DEVELOPMENT.
(a) National Science Foundation Computer and Network Security
Research Grant Areas.--Section 4(a)(1) of the Cyber Security Research
and Development Act (15 U.S.C. 7403(a)(1)) is amended--
(1) in subparagraph (H), by striking ``and'' after the
semicolon;
(2) in subparagraph (I), by striking ``property.'' and
inserting ``property;''; and
(3) by adding at the end the following:
``(J) secure fundamental protocols that are at the
heart of inter-network communications and data
exchange;
``(K) system security that addresses the building
of secure systems from trusted and untrusted
components;
``(L) monitoring and detection; and
``(M) resiliency and rapid recovery methods.''.
(b) National Science Foundation Computer and Network Security
Grants.--Section 4(a)(3) of the Cyber Security Research and Development
Act (15 U.S.C. 7403(a)(3)) is amended--
(1) in subparagraph (D), by striking ``and'';
(2) in subparagraph (E), by striking ``2007.'' and
inserting ``2007;''; and
(3) by adding at the end the following:
``(F) such funds from amounts made available under
section 503 of the America COMPETES Reauthorization Act
of 2010 (124 Stat. 4005), as the Secretary finds
necessary to carry out the requirements of this
subsection for fiscal years 2012 through 2013.''.
(c) Computer and Network Security Centers.--Section 4(b)(7) of the
Cyber Security Research and Development Act (15 U.S.C. 7403(b)(7)) is
amended--
(1) in subparagraph (D), by striking ``and'';
(2) in subparagraph (E), by striking ``2007.'' and
inserting ``2007;''; and
(3) by adding at the end the following:
``(F) such funds from amounts made available under
section 503 of the America COMPETES Reauthorization Act
of 2010 (124 Stat. 4005), as the Secretary finds
necessary to carry out the requirements of this
subsection for fiscal years 2012 through 2013.''.
(d) Computer and Network Security Capacity Building Grants.--
Section 5(a)(6) of the Cyber Security Research and Development Act (15
U.S.C. 7404(a)(6)) is amended--
(1) in subparagraph (D), by striking ``and'';
(2) in subparagraph (E), by striking ``2007.'' and
inserting ``2007;''; and
(3) by adding at the end the following:
``(F) such funds from amounts made available under
section 503 of the America COMPETES Reauthorization Act
of 2010 (124 Stat. 4005), as the Secretary finds
necessary to carry out the requirements of this
subsection for fiscal years 2012 through 2013.''.
(e) Scientific and Advanced Technology Act Grants.--Section 5(b)(2)
of the Cyber Security Research and Development Act (15 U.S.C.
7404(b)(2)) is amended--
(1) in subparagraph (D), by striking ``and'';
(2) in subparagraph (E), by striking ``2007.'' and
inserting ``2007;''; and
(3) by adding at the end the following:
``(F) such funds from amounts made available under
section 503 of the America COMPETES Reauthorization Act
of 2010 (124 Stat. 4005), as the Secretary finds
necessary to carry out the requirements of this
subsection for fiscal years 2012 through 2013.''.
(f) Graduate Traineeships in Computer and Network Security
Research.--Section 5(c)(7) of the Cyber Security Research and
Development Act (15 U.S.C. 7404(c)(7)) is amended--
(1) in subparagraph (D), by striking ``and'';
(2) in subparagraph (E), by striking ``2007.'' and
inserting ``2007;''; and
(3) by adding at the end the following:
``(F) such funds from amounts made available under
section 503 of the America COMPETES Reauthorization Act
of 2010 (124 Stat. 4005), as the Secretary finds
necessary to carry out the requirements of this
subsection for fiscal years 2012 through 2013.''.
Calendar No. 438
112th CONGRESS
2d Session
S. 3342
_______________________________________________________________________
A BILL
To improve information security, and for other purposes.
_______________________________________________________________________
June 28, 2012
Read the second time and placed on the calendar
Introduced in Senate
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 438.
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