[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[S. 773 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 773
To ensure the continued free flow of commerce within the United States
and with its global trading partners through secure cyber
communications, to provide for the continued development and
exploitation of the Internet and intranet communications for such
purposes, to provide for the development of a cadre of information
technology specialists to improve and maintain effective cyber security
defenses against disruption, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 1, 2009
Mr. Rockefeller (for himself, Ms. Snowe, and Mr. Nelson of Florida)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To ensure the continued free flow of commerce within the United States
and with its global trading partners through secure cyber
communications, to provide for the continued development and
exploitation of the Internet and intranet communications for such
purposes, to provide for the development of a cadre of information
technology specialists to improve and maintain effective cybersecurity
defenses against disruption, 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 ``Cybersecurity Act
of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Cybersecurity Advisory Panel.
Sec. 4. Real-time cybersecurity dashboard.
Sec. 5. State and regional cybersecurity enhancement program.
Sec. 6. NIST standards development and compliance.
Sec. 7. Licensing and certification of cybersecurity professionals.
Sec. 8. Review of NTIA domain name contracts.
Sec. 9. Secure domain name addressing system.
Sec. 10. Promoting cybersecurity awareness.
Sec. 11. Federal cybersecurity research and development.
Sec. 12. Federal Cyber Scholarship-for-Service program.
Sec. 13. Cybersecurity competition and challenge.
Sec. 14. Public-private clearinghouse.
Sec. 15. Cybersecurity risk management report.
Sec. 16. Legal framework review and report.
Sec. 17. Authentication and civil liberties report.
Sec. 18. Cybersecurity responsibilities and authorities.
Sec. 19. Quadrennial cyber review.
Sec. 20. Joint intelligence threat assessment.
Sec. 21. International norms and cybersecurity deterrence measures.
Sec. 22. Federal Secure Products and Services Acquisitions Board.
Sec. 23. Definitions.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) America's failure to protect cyberspace is one of the
most urgent national security problems facing the country.
(2) Since intellectual property is now often stored in
digital form, industrial espionage that exploits weak
cybersecurity dilutes our investment in innovation while
subsidizing the research and development efforts of foreign
competitors. In the new global competition, where economic
strength and technological leadership are vital components of
national power, failing to secure cyberspace puts us at a
disadvantage.
(3) According to the 2009 Annual Threat Assessment, ``a
successful cyber attack against a major financial service
provider could severely impact the national economy, while
cyber attacks against physical infrastructure computer systems
such as those that control power grids or oil refineries have
the potential to disrupt services for hours or weeks'' and that
``Nation states and criminals target our government and private
sector information networks to gain competitive advantage in
the commercial sector.''.
(4) The Director of National Intelligence testified before
the Congress on February 19, 2009, that ``a growing array of
state and non-state adversaries are increasingly targeting-for
exploitation and potentially disruption or destruction-our
information infrastructure, including the Internet,
telecommunications networks, computer systems, and embedded
processors and controllers in critical industries'' and these
trends are likely to continue.
(5) John Brennan, the Assistant to the President for
Homeland Security and Counterterrorism wrote on March 2, 2009,
that ``our nation's security and economic prosperity depend on
the security, stability, and integrity of communications and
information infrastructure that are largely privately-owned and
globally-operated.''.
(6) Paul Kurtz, a Partner and chief operating officer of
Good Harbor Consulting as well as a senior advisor to the Obama
Transition Team for cybersecurity, recently stated that the
United States is unprepared to respond to a ``cyber-Katrina''
and that ``a massive cyber disruption could have a cascading,
long-term impact without adequate co-ordination between
government and the private sector.''.
(7) The Cyber Strategic Inquiry 2008, sponsored by Business
Executives for National Security and executed by Booz Allen
Hamilton, recommended to ``establish a single voice for
cybersecurity within government'' concluding that the ``unique
nature of cybersecurity requires a new leadership paradigm.''.
(8) Alan Paller, the Director of Research at the SANS
Institute, testified before the Congress that ``the fight
against cybercrime resembles an arms race where each time the
defenders build a new wall, the attackers create new tools to
scale the wall. What is particularly important in this analogy
is that, unlike conventional warfare where deployment takes
time and money and is quite visible, in the cyber world, when
the attackers find a new weapon, they can attack millions of
computers, and successfully infect hundreds of thousands, in a
few hours or days, and remain completely hidden.''.
(9) According to the February 2003 National Strategy to
Secure Cyberspace, ``our nation's critical infrastructures are
composed of public and private institutions in the sectors of
agriculture, food, water, public health, emergency services,
government, defense industrial base, information and
telecommunications, energy, transportation, banking finance,
chemicals and hazardous materials, and postal and shipping.
Cyberspace is their nervous system--the control system of our
country'' and that ``the cornerstone of America's cyberspace
security strategy is and will remain a public-private
partnership.''.
(10) According to the National Journal, Mike McConnell, the
former Director of National Intelligence, told President Bush
in May 2007 that if the 9/11 attackers had chosen computers
instead of airplanes as their weapons and had waged a massive
assault on a U.S. bank, the economic consequences would have
been ``an order of magnitude greater'' than those cased by the
physical attack on the World Trade Center. Mike McConnell has
subsequently referred to cybersecurity as the ``soft underbelly
of this country.''.
(11) The Center for Strategic and International Studies
report on Cybersecurity for the 44th Presidency concluded that
(A) cybersecurity is now a major national security problem for
the United States, (B) decisions and actions must respect
privacy and civil liberties, and (C) only a comprehensive
national security strategy that embraces both the domestic and
international aspects of cybersecurity will make us more
secure. The report continued stating that the United States
faces ``a long-term challenge in cyberspace from foreign
intelligence agencies and militaries, criminals, and others,
and that losing this struggle will wreak serious damage on the
economic health and national security of the United States.''.
(12) James Lewis, Director and Senior Fellow, Technology
and Public Policy Program, Center for Strategic and
International Studies, testified on behalf of the Center for
Strategic and International Studies that ``the United States is
not organized and lacks a coherent national strategy for
addressing'' cybersecurity.
(13) President Obama said in a speech at Purdue University
on July 16, 2008, that ``every American depends--directly or
indirectly--on our system of information networks. They are
increasingly the backbone of our economy and our
infrastructure; our national security and our personal well-
being. But it's no secret that terrorists could use our
computer networks to deal us a crippling blow. We know that
cyber-espionage and common crime is already on the rise. And
yet while countries like China have been quick to recognize
this change, for the last eight years we have been dragging our
feet.'' Moreover, President Obama stated that ``we need to
build the capacity to identify, isolate, and respond to any
cyber-attack.''.
(14) The President's Information Technology Advisory
Committee reported in 2005 that software is a major
vulnerability and that ``software development methods that have
been the norm fail to provide the high-quality, reliable, and
secure software that the IT infrastructure requires. . . .
Today, as with cancer, vulnerable software can be invaded and
modified to cause damage to previously healthy software, and
infected software can replicate itself and be carried across
networks to cause damage in other systems.''.
SEC. 3. CYBERSECURITY ADVISORY PANEL.
(a) In General.--The President shall establish or designate a
Cybersecurity Advisory Panel.
(b) Qualifications.--The President--
(1) shall appoint as members of the panel representatives
of industry, academic, non-profit organizations, interest
groups and advocacy organizations, and State and local
governments who are qualified to provide advice and information
on cybersecurity research, development, demonstrations,
education, technology transfer, commercial application, or
societal and civil liberty concerns; and
(2) may seek and give consideration to recommendations from
the Congress, industry, the cybersecurity community, the
defense community, State and local governments, and other
appropriate organizations.
(c) Duties.--The panel shall advise the President on matters
relating to the national cybersecurity program and strategy and shall
assess--
(1) trends and developments in cybersecurity science
research and development;
(2) progress made in implementing the strategy;
(3) the need to revise the strategy;
(4) the balance among the components of the national
strategy, including funding for program components;
(5) whether the strategy, priorities, and goals are helping
to maintain United States leadership and defense in
cybersecurity;
(6) the management, coordination, implementation, and
activities of the strategy; and
(7) whether societal and civil liberty concerns are
adequately addressed.
(d) Reports.--The panel shall report, not less frequently than once
every 2 years, to the President on its assessments under subsection (c)
and its recommendations for ways to improve the strategy.
(e) Travel Expenses of Non-Federal Members.--Non-Federal members of
the panel, while attending meetings of the panel or while otherwise
serving at the request of the head of the panel while away from their
homes or regular places of business, may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by section
5703 of title 5, United States Code, for individuals in the government
serving without pay. Nothing in this subsection shall be construed to
prohibit members of the panel who are officers or employees of the
United States from being allowed travel expenses, including per diem in
lieu of subsistence, in accordance with law.
(f) Exemption From FACA Sunset.--Section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory Panel.
SEC. 4. REAL-TIME CYBERSECURITY DASHBOARD.
The Secretary of Commerce shall--
(1) in consultation with the Office of Management and
Budget, develop a plan within 90 days after the date of
enactment of this Act to implement a system to provide dynamic,
comprehensive, real-time cybersecurity status and vulnerability
information of all Federal Government information systems and
networks managed by the Department of Commerce; and
(2) implement the plan within 1 year after the date of
enactment of this Act.
SEC. 5. STATE AND REGIONAL CYBERSECURITY ENHANCEMENT PROGRAM.
(a) Creation and Support of Cybersecurity Centers.--The Secretary
of Commerce shall provide assistance for the creation and support of
Regional Cybersecurity Centers for the promotion and implementation of
cybersecurity standards. Each Center shall be affiliated with a United
States-based nonprofit institution or organization, or consortium
thereof, that applies for and is awarded financial assistance under
this section.
(b) Purpose.--The purpose of the Centers is to enhance the
cybersecurity of small and medium sized businesses in United States
through--
(1) the transfer of cybersecurity standards, processes,
technology, and techniques developed at the National Institute
of Standards and Technology to Centers and, through them, to
small- and medium-sized companies throughout the United States;
(2) the participation of individuals from industry,
universities, State governments, other Federal agencies, and,
when appropriate, the Institute in cooperative technology
transfer activities;
(3) efforts to make new cybersecurity technology,
standards, and processes usable by United States-based small-
and medium-sized companies;
(4) the active dissemination of scientific, engineering,
technical, and management information about cybersecurity to
industrial firms, including small- and medium-sized companies;
and
(5) the utilization, when appropriate, of the expertise and
capability that exists in Federal laboratories other than the
Institute.
(c) Activities.--The Centers shall--
(1) disseminate cybersecurity technologies, standard, and
processes based on research by the Institute for the purpose of
demonstrations and technology transfer;
(2) actively transfer and disseminate cybersecurity
strategies, best practices, standards, and technologies to
protect against and mitigate the risk of cyber attacks to a
wide range of companies and enterprises, particularly small-
and medium-sized businesses; and
(3) make loans, on a selective, short-term basis, of items
of advanced cybersecurity countermeasures to small businesses
with less than 100 employees.
(c) Duration and Amount of Support; Program Descriptions;
Applications; Merit Review; Evaluations of Assistance.--
(1) Financial support.--The Secretary may provide financial
support, not to exceed 50 percent of its annual operating and
maintenance costs, to any Center for a period not to exceed 6
years (except as provided in paragraph (5)(D)).
(2) Program description.--Within 90 days after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register a draft description of a program for
establishing Centers and, after a 30-day comment period, shall
publish a final description of the program. The description
shall include--
(A) a description of the program;
(B) procedures to be followed by applicants;
(C) criteria for determining qualified applicants;
(D) criteria, including those described in
paragraph (4), for choosing recipients of financial
assistance under this section from among the qualified
applicants; and
(E) maximum support levels expected to be available
to Centers under the program in the fourth through
sixth years of assistance under this section.
(3) Applications; support commitment.--Any nonprofit
institution, or consortia of nonprofit institutions, may submit
to the Secretary an application for financial support under
this section, in accordance with the procedures established by
the Secretary. In order to receive assistance under this
section, an applicant shall provide adequate assurances that it
will contribute 50 percent or more of the proposed Center's
annual operating and maintenance costs for the first 3 years
and an increasing share for each of the next 3 years.
(4) Award criteria.--Awards shall be made on a competitive,
merit-based review. In making a decision whether to approve an
application and provide financial support under this section,
the Secretary shall consider, at a minimum--
(A) the merits of the application, particularly
those portions of the application regarding technology
transfer, training and education, and adaptation of
cybersecurity technologies to the needs of particular
industrial sectors;
(B) the quality of service to be provided;
(C) geographical diversity and extent of service
area; and
(D) the percentage of funding and amount of in-kind
commitment from other sources.
(5) Third year evaluation.--
(A) In general.--Each Center which receives
financial assistance under this section shall be
evaluated during its third year of operation by an
evaluation panel appointed by the Secretary.
(B) Evaluation panel.--Each evaluation panel shall
be composed of private experts, none of whom shall be
connected with the involved Center, and Federal
officials. An official of the Institute shall chair the
panel. Each evaluation panel shall measure the Center's
performance against the objectives specified in this
section.
(C) Positive evaluation required for continued
funding.--The Secretary may not provide funding for the
fourth through the sixth years of a Center's operation
unless the evaluation by the evaluation panel is
positive. If the evaluation is positive, the Secretary
may provide continued funding through the sixth year at
declining levels.
(D) Funding after sixth year.--After the sixth
year, the Secretary may provide additional financial
support to a Center if it has received a positive
evaluation through an independent review, under
procedures established by the Institute. An additional
independent review shall be required at least every 2
years after the sixth year of operation. Funding
received for a fiscal year under this section after the
sixth year of operation may not exceed one third of the
annual operating and maintenance costs of the Center.
(6) Patent rights to inventions.--The provisions of chapter
18 of title 35, United States Code, shall (to the extent not
inconsistent with this section) apply to the promotion of
technology from research by Centers under this section except
for contracts for such specific technology extension or
transfer services as may be specified by statute or by the
President, or the President's designee.
(d) Acceptance of Funds From Other Federal Departments and
Agencies.--In addition to such sums as may be authorized and
appropriated to the Secretary and President, or the President's
designee, to operate the Centers program, the Secretary and the
President, or the President's designee, also may accept funds from
other Federal departments and agencies for the purpose of providing
Federal funds to support Centers. Any Center which is supported with
funds which originally came from other Federal departments and agencies
shall be selected and operated according to the provisions of this
section.
SEC. 6. NIST STANDARDS DEVELOPMENT AND COMPLIANCE.
(a) In General.--Within 1 year after the date of enactment of this
Act, the National Institute of Standards and Technology shall establish
measurable and auditable cybersecurity standards for all Federal
Government, government contractor, or grantee critical infrastructure
information systems and networks in the following areas:
(1) Cybersecurity metrics research.--The Director of the
National Institute of Standards and Technology shall establish
a research program to develop cybersecurity metrics and
benchmarks that can assess the economic impact of
cybersecurity. These metrics should measure risk reduction and
the cost of defense. The research shall include the development
automated tools to assess vulnerability and compliance.
(2) Security controls.--The Institute shall establish
standards for continuously measuring the effectiveness of a
prioritized set of security controls that are known to block or
mitigate known attacks.
(3) Software security.--The Institute shall establish
standards for measuring the software security using a
prioritized list of software weaknesses known to lead to
exploited and exploitable vulnerabilities. The Institute will
also establish a separate set of such standards for measuring
security in embedded software such as that found in industrial
control systems.
(4) Software configuration specification language.--The
Institute shall, establish standard computer-readable language
for completely specifying the configuration of software on
computer systems widely used in the Federal Government, by
government contractors and grantees, and in private sector
owned critical infrastructure information systems and networks.
(5) Standard software configuration.--The Institute shall
establish standard configurations consisting of security
settings for operating system software and software utilities
widely used in the Federal Government, by government
contractors and grantees, and in private sector owned critical
infrastructure information systems and networks.
(6) Vulnerability specification language.--The Institute
shall establish standard computer-readable language for
specifying vulnerabilities in software to enable software
vendors to communicate vulnerability data to software users in
real time.
(7) National compliance standards for all software.--
(A) Protocol.--The Institute shall establish a
standard testing and accreditation protocol for
software built by or for the Federal Government, its
contractors, and grantees, and private sector owned
critical infrastructure information systems and
networks. to ensure that it--
(i) meets the software security standards
of paragraph (2); and
(ii) does not require or cause any changes
to be made in the standard configurations
described in paragraph (4).
(B) Compliance.--The Institute shall develop a
process or procedure to verify that--
(i) software development organizations
comply with the protocol established under
subparagraph (A) during the software
development process; and
(ii) testing results showing evidence of
adequate testing and defect reduction are
provided to the Federal Government prior to
deployment of software.
(b) Criteria for Standards.--Notwithstanding any other provision of
law (including any Executive Order), rule, regulation, or guideline, in
establishing standards under this section, the Institute shall
disregard the designation of an information system or network as a
national security system or on the basis of presence of classified or
confidential information, and shall establish standards based on risk
profiles.
(c) International Standards.--The Director, through the Institute
and in coordination with appropriate Federal agencies, shall be
responsible for United States representation in all international
standards development related to cybersecurity, and shall develop and
implement a strategy to optimize the United States position with
respect to international cybersecurity standards.
(d) Compliance Enforcement.--The Director shall--
(1) enforce compliance with the standards developed by the
Institute under this section by software manufacturers,
distributors, and vendors; and
(2) shall require each Federal agency, and each operator of
an information system or network designated by the President as
a critical infrastructure information system or network,
periodically to demonstrate compliance with the standards
established under this section.
(e) FCC National Broadband Plan.--In developing the national
broadband plan pursuant to section 6001(k) of the American Recovery and
Reinvestment Act of 2009, the Federal Communications Commission shall
report on the most effective and efficient means to ensure the
cybersecurity of commercial broadband networks, including consideration
of consumer education and outreach programs.
SEC. 7. LICENSING AND CERTIFICATION OF CYBERSECURITY PROFESSIONALS.
(a) In General.--Within 1 year after the date of enactment of this
Act, the Secretary of Commerce shall develop or coordinate and
integrate a national licensing, certification, and periodic
recertification program for cybersecurity professionals.
(b) Mandatory Licensing.--Beginning 3 years after the date of
enactment of this Act, it shall be unlawful for any individual to
engage in business in the United States, or to be employed in the
United States, as a provider of cybersecurity services to any Federal
agency or an information system or network designated by the President,
or the President's designee, as a critical infrastructure information
system or network, who is not licensed and certified under the program.
SEC. 8. REVIEW OF NTIA DOMAIN NAME CONTRACTS.
(a) In General.--No action by the Assistant Secretary of Commerce
for Communications and Information after the date of enactment of this
Act with respect to the renewal or modification of a contract related
to the operation of the Internet Assigned Numbers Authority, shall be
final until the Advisory Panel--
(1) has reviewed the action;
(2) considered the commercial and national security
implications of the action; and
(3) approved the action.
(b) Approval Procedure.--If the Advisory Panel does not approve
such an action, it shall immediately notify the Assistant Secretary in
writing of the disapproval and the reasons therefor. The Advisory Panel
may provide recommendations to the Assistant Secretary in the notice
for any modifications the it deems necessary to secure approval of the
action.
SEC. 9. SECURE DOMAIN NAME ADDRESSING SYSTEM.
(a) In General.--Within 3 years after the date of enactment of this
Act, the Assistant Secretary of Commerce for Communications and
Information shall develop a strategy to implement a secure domain name
addressing system. The Assistant Secretary shall publish notice of the
system requirements in the Federal Register together with an
implementation schedule for Federal agencies and information systems or
networks designated by the President, or the President's designee, as
critical infrastructure information systems or networks.
(b) Compliance Required.--The President shall ensure that each
Federal agency and each such system or network implements the secure
domain name addressing system in accordance with the schedule published
by the Assistant Secretary.
SEC. 10. PROMOTING CYBERSECURITY AWARENESS.
The Secretary of Commerce shall develop and implement a national
cybersecurity awareness campaign that--
(1) is designed to heighten public awareness of
cybersecurity issues and concerns;
(2) communicates the Federal Government's role in securing
the Internet and protecting privacy and civil liberties with
respect to Internet-related activities; and
(3) utilizes public and private sector means of providing
information to the public, including public service
announcements.
SEC. 11. FEDERAL CYBERSECURITY RESEARCH AND DEVELOPMENT.
(a) Fundamental Cybersecurity Research.--The Director of the
National Science Foundation shall give priority to computer and
information science and engineering research to ensure substantial
support is provided to meet the following challenges in cybersecurity:
(1) How to design and build complex software-intensive
systems that are secure and reliable when first deployed.
(2) How to test and verify that software, whether developed
locally or obtained from a third party, is free of significant
known security flaws.
(3) How to test and verify that software obtained from a
third party correctly implements stated functionality, and only
that functionality.
(4) How to guarantee the privacy of an individual's
identity, information, or lawful transactions when stored in
distributed systems or transmitted over networks.
(5) How to build new protocols to enable the Internet to
have robust security as one of its key capabilities.
(6) How to determine the origin of a message transmitted
over the Internet.
(7) How to support privacy in conjunction with improved
security.
(8) How to address the growing problem of insider threat.
(b) Secure Coding Research.--The Director shall support research
that evaluates selected secure coding education and improvement
programs. The Director shall also support research on new methods of
integrating secure coding improvement into the core curriculum of
computer science programs and of other programs where graduates have a
substantial probability of developing software after graduation.
(c) Assessment of Secure Coding Education in Colleges and
Universities.--Within one year after the date of enactment of this Act,
the Director shall submit to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on
Science and Technology a report on the state of secure coding education
in America's colleges and universities for each school that received
National Science Foundation funding in excess of $1,000,000 during
fiscal year 2008. The report shall include--
(1) the number of students who earned undergraduate degrees
in computer science or in each other program where graduates
have a substantial probability of being engaged in software
design or development after graduation;
(2) the percentage of those students who completed
substantive secure coding education or improvement programs
during their undergraduate experience; and
(3) descriptions of the length and content of the education
and improvement programs, and a measure of the effectiveness of
those programs in enabling the students to master secure coding
and design.
(d) Cybersecurity Modeling and Testbeds.--The Director shall
establish a program to award grants to institutions of higher education
to establish cybersecurity testbeds capable of realistic modeling of
real-time cyber attacks and defenses. The purpose of this program is to
support the rapid development of new cybersecurity defenses,
techniques, and processes by improving understanding and assessing the
latest technologies in a real-world environment. The testbeds shall be
sufficiently large in order to model the scale and complexity of real
world networks and environments.
(e) NSF Computer and Network Security Research Grant Areas.--
Section 4(a)(1) of the Cybersecurity Research and Development Act (15
U.S.C. 7403(a)(1)) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(H);
(2) by striking ``property.'' in subparagraph (I) 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) secure software engineering and software assurance,
including--
``(i) programming languages and systems that
include fundamental security features;
``(ii) portable or reusable code that remains
secure when deployed in various environments;
``(iii) verification and validation technologies to
ensure that requirements and specifications have been
implemented; and
``(iv) models for comparison and metrics to assure
that required standards have been met;
``(L) holistic system security that--
``(i) addresses the building of secure systems from
trusted and untrusted components;
``(ii) proactively reduces vulnerabilities;
``(iii) addresses insider threats; and
``(iv) supports privacy in conjunction with
improved security;
``(M) monitoring and detection; and
``(N) mitigation and rapid recovery methods.''.
(f) NSF Computer and Network Security Grants.--Section 4(a)(3) of
the Cybersecurity Research and Development Act (15 U.S.C. 7403(a)(3))
is amended--
(1) by striking ``and'' in subparagraph (D);
(2) by striking ``2007'' in subparagraph (E) and inserting
``2007;''; and
(3) by adding at the end of the following:
``(F) $150,000,000 for fiscal year 2010;
``(G) $155,000,000 for fiscal year 2011;
``(H) $160,000,000 for fiscal year 2012;
``(I) $165,000,000 for fiscal year 2013; and
``(J) $170,000,000 for fiscal year 2014.''.
(g) Computer and Network Security Centers.--Section 4(b)(7) of such
Act (15 U.S.C. 7403(b)(7)) is amended--
(1) by striking ``and'' in subparagraph (D);
(2) by striking ``2007'' in subparagraph (E) and inserting
``2007;''; and
(3) by adding at the end of the following:
``(F) $50,000,000 for fiscal year 2010;
``(G) $52,000,000 for fiscal year 2011;
``(H) $54,000,000 for fiscal year 2012;
``(I) $56,000,000 for fiscal year 2013; and
``(J) $58,000,000 for fiscal year 2014.''.
(h) Computer and Network Security Capacity Building Grants.--
Section 5(a)(6) of such Act (15 U.S.C. 7404(a)(6)) is amended--
(1) by striking ``and'' in subparagraph (D);
(2) by striking ``2007'' in subparagraph (E) and inserting
``2007;''; and
(3) by adding at the end of the following:
``(F) $40,000,000 for fiscal year 2010;
``(G) $42,000,000 for fiscal year 2011;
``(H) $44,000,000 for fiscal year 2012;
``(I) $46,000,000 for fiscal year 2013; and
``(J) $48,000,000 for fiscal year 2014.''.
(i) Scientific and Advanced Technology Act Grants.--Section 5(b)(2)
of such Act (15 U.S.C. 7404(b)(2)) is amended--
(1) by striking ``and'' in subparagraph (D);
(2) by striking ``2007'' in subparagraph (E) and inserting
``2007;''; and
(3) by adding at the end of the following:
``(F) $5,000,000 for fiscal year 2010;
``(G) $6,000,000 for fiscal year 2011;
``(H) $7,000,000 for fiscal year 2012;
``(I) $8,000,000 for fiscal year 2013; and
``(J) $9,000,000 for fiscal year 2014.''.
(j) Graduate Traineeships in Computer and Network Security
Research.--Section 5(c)(7) of such Act (15 U.S.C. 7404(c)(7)) is
amended--
(1) by striking ``and'' in subparagraph (D);
(2) by striking ``2007'' in subparagraph (E) and inserting
``2007;''; and
(3) by adding at the end of the following:
``(F) $20,000,000 for fiscal year 2010;
``(G) $22,000,000 for fiscal year 2011;
``(H) $24,000,000 for fiscal year 2012;
``(I) $26,000,000 for fiscal year 2013; and
``(J) $28,000,000 for fiscal year 2014.''.
(k) Cybersecurity Faculty Development Traineeship Program.--Section
5(e)(9) of such Act (15 U.S.C. 7404(e)(9)) is amended by striking
``2007.'' and inserting ``2007 and for each of fiscal years 2010
through 2014.''.
(l) networking and Information Technology Research and Development
Program.--Section 204(a)(1) of the High-Performance Computing Act of
1991 (15 U.S.C. 5524(a)(1)) is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(B); and
(2) by inserting after subparagraph (C) the following:
``(D) develop and propose standards and guidelines,
and develop measurement techniques and test methods,
for enhanced cybersecurity for computer networks and
common user interfaces to systems; and''.
SEC. 12. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE PROGRAM.
(a) In General.--The Director of the National Science Foundation
shall establish a Federal Cyber Scholarship-for-Service program to
recruit and train the next generation of Federal information technology
workers and security managers.
(b) Program Description and Components.--The program--
(1) shall provide scholarships, that provide full tuition,
fees, and a stipend, for up to 1,000 students per year in their
pursuit of undergraduate or graduate degrees in the
cybersecurity field;
(2) shall require scholarship recipients, as a condition of
receiving a scholarship under the program, to agree to serve in
the Federal information technology workforce for a period equal
to the length of the scholarship following graduation if
offered employment in that field by a Federal agency;
(3) shall provide opportunities for students to receive
temporary appointments for meaningful employment in the Federal
information technology workforce during school vacation periods
and for internships;
(4) shall provide a procedure for identifying promising K-
12 students for participation in summer work and internship
programs that would lead to certification of Federal
information technology workforce standards and possible future
employment; and
(5) shall examine and develop, if appropriate, programs to
promote computer security awareness in secondary and high
school classrooms.
(c) Hiring Authority.--For purposes of any law or regulation
governing the appointment of individuals in the Federal civil service,
upon the successful completion of their studies, students receiving a
scholarship under the program shall be hired under the authority
provided for in section 213.3102(r) of title 5, Code of Federal
Regulations, and be exempt from competitive service. Upon fulfillment
of the service term, such individuals shall be converted to a
competitive service position without competition if the individual
meets the requirements for that position.
(d) Eligibility.--To be eligible to receive a scholarship under
this section, an individual shall--
(1) be a citizen of the United States; and
(2) demonstrate a commitment to a career in improving the
Nation's cyber defenses.
(e) Consideration and Preference.--In making selections for
scholarships under this section, the Director shall--
(1) consider, to the extent possible, a diverse pool of
applicants whose interests are of an interdisciplinary nature,
encompassing the social scientific as well as the technical
dimensions of cyber security; and
(2) give preference to applicants that have participated in
the competition and challenge described in section 13.
(f) Evaluation and Report.--The Director shall evaluate and report
to the Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Science and Technology on the
success of recruiting individuals for the scholarships.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the National Science Foundation to carry out this
section--
(1) $50,000,000 for fiscal year 2010;
(2) $55,000,000 for fiscal year 2011;
(3) $60,000,000 for fiscal year 2012;
(4) $65,000,000 for fiscal year 2013; and
(5) $70,000,000 for fiscal year 2014.
SEC. 13. CYBERSECURITY COMPETITION AND CHALLENGE.
(a) In General.--The Director of the National Institute of
Standards and Technology, directly or through appropriate Federal
entities, shall establish cybersecurity competitions and challenges
with cash prizes in order to--
(1) attract, identify, evaluate, and recruit talented
individuals for the Federal information technology workforce;
and
(2) stimulate innovation in basic and applied cybersecurity
research, technology development, and prototype demonstration
that have the potential for application to the Federal
information technology activities of the Federal Government.
(b) Types of Competitions and Challenges.--The Director shall
establish different competitions and challenges targeting the following
groups:
(1) High school students.
(2) Undergraduate students.
(3) Graduate students.
(4) Academic and research institutions.
(c) Topics.--In selecting topics for prize competitions, the
Director shall consult widely both within and outside the Federal
Government, and may empanel advisory committees.
(d) Advertising.--The Director shall widely advertise prize
competitions, in coordination with the awareness campaign under section
10, to encourage participation.
(e) Requirements and Registration.--For each prize competition, the
Director shall publish a notice in the Federal Register announcing the
subject of the competition, the rules for being eligible to participate
in the competition, the amount of the prize, and the basis on which a
winner will be selected.
(f) Eligibility.--To be eligible to win a prize under this section,
an individual or entity--
(1) shall have registered to participate in the competition
pursuant to any rules promulgated by the Director under
subsection (d);
(2) shall have complied with all the requirements under
this section;
(3) in the case of a private entity, shall be incorporated
in and maintain a primary place of business in the United
States, and in the case of an individual, whether participating
singly or in a group, shall be a citizen or permanent resident
of the United States; and
(4) shall not be a Federal entity or Federal employee
acting within the scope of his or her employment.
(g) Judges.--For each competition, the Director, either directly or
through an agreement under subsection (h), shall assemble a panel of
qualified judges to select the winner or winners of the prize
competition. Judges for each competition shall include individuals from
the private sector. A judge may not--
(1) have personal or financial interests in, or be an
employee, officer, director, or agent of any entity that is a
registered participant in a competition; or
(2) have a familial or financial relationship with an
individual who is a registered participant.
(h) Administering the Competition.--The Director may enter into an
agreement with a private, nonprofit entity to administer the prize
competition, subject to the provisions of this section.
(i) Funding.--
(1) Prizes.--Prizes under this section may consist of
Federal appropriated funds and funds provided by the private
sector for such cash prizes. The Director may accept funds from
other Federal agencies for such cash prizes. The Director may
not give special consideration to any private sector entity in
return for a donation.
(2) Use of unexpended funds.--Notwithstanding any other
provision of law, funds appropriated for prize awards under
this section shall remain available until expended, and may be
transferred, reprogrammed, or expended for other purposes only
after the expiration of 10 fiscal years after the fiscal year
for which the funds were originally appropriated. No provision
in this section permits obligation or payment of funds in
violation of the Anti-Deficiency Act (31 U.S.C. 1341).
(3) Funding required before prize announced.--No prize may
be announced until all the funds needed to pay out the
announced amount of the prize have been appropriated or
committed in writing by a private source. The Director may
increase the amount of a prize after an initial announcement is
made under subsection (d) if--
(A) notice of the increase is provided in the same
manner as the initial notice of the prize; and
(B) the funds needed to pay out the announced
amount of the increase have been appropriated or
committed in writing by a private source.
(4) Notice required for large awards.--No prize competition
under this section may offer a prize in an amount greater than
$5,000,000 unless 30 days have elapsed after written notice has
been transmitted to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Science and Technology.
(5) Director's approval required for certain awards.--No
prize competition under this section may result in the award of
more than $1,000,000 in cash prizes without the approval of the
Director.
(j) Use of Federal Insignia.--A registered participant in a
competition under this section may use any Federal agency's name,
initials, or insignia only after prior review and written approval by
the Director.
(k) Compliance With Existing Law.--The Federal Government shall
not, by virtue of offering or providing a prize under this section, be
responsible for compliance by registered participants in a prize
competition with Federal law, including licensing, export control, and
non-proliferation laws and related regulations.
(l) Authorization of Appropriations.--There are authorized to be
appropriated to the National Institute of Standards and Technology to
carry out this section $15,000,000 for each of fiscal years 2010
through 2014.
SEC. 14. PUBLIC-PRIVATE CLEARINGHOUSE.
(a) Designation.--The Department of Commerce shall serve as the
clearinghouse of cybersecurity threat and vulnerability information to
Federal Government and private sector owned critical infrastructure
information systems and networks.
(b) Functions.--The Secretary of Commerce--
(1) shall have access to all relevant data concerning such
networks without regard to any provision of law, regulation,
rule, or policy restricting such access;
(2) shall manage the sharing of Federal Government and
other critical infrastructure threat and vulnerability
information between the Federal Government and the persons
primarily responsible for the operation and maintenance of the
networks concerned; and
(3) shall report regularly to the Congress on threat
information held by the Federal Government that is not shared
with the persons primarily responsible for the operation and
maintenance of the networks concerned.
(c) Information Sharing Rules and Procedures.--Within 90 days after
the date of enactment of this Act, the Secretary shall publish in the
Federal Register a draft description of rules and procedures on how the
Federal Government will share cybersecurity threat and vulnerability
information with private sector critical infrastructure information
systems and networks owners. After a 30 day comment period, the
Secretary shall publish a final description of the rules and
procedures. The description shall include--
(1) the rules and procedures on how the Federal Government
will share cybersecurity threat and vulnerability information
with private sector critical infrastructure information systems
and networks owners;
(2) the criteria in which private sector owners of critical
infrastructure information systems and networks shall share
actionable cybersecurity threat and vulnerability information
and relevant data with the Federal Government; and
(3) any other rule or procedure that will enhance the
sharing of cybersecurity threat and vulnerability information
between private sector owners of critical infrastructure
information systems and networks and the Federal Government.
SEC. 15. CYBERSECURITY RISK MANAGEMENT REPORT.
Within 1 year after the date of enactment of this Act, the
President, or the President's designee, shall report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Science and Technology on the feasibility
of--
(1) creating a market for cybersecurity risk management,
including the creation of a system of civil liability and
insurance (including government reinsurance); and
(2) requiring cybersecurity to be a factor in all bond
ratings.
SEC. 16. LEGAL FRAMEWORK REVIEW AND REPORT.
(a) In General.--Within 1 year after the date of enactment of this
Act, the President, or the President's designee, through an appropriate
entity, shall complete a comprehensive review of the Federal statutory
and legal framework applicable to cyber-related activities in the
United States, including--
(1) the Privacy Protection Act of 1980 (42 U.S.C. 2000aa);
(2) the Electronic Communications Privacy Act of 1986 (18
U.S.C. 2510 note);
(3) the Computer Security Act of 1987 (15 U.S.C. 271 et
seq.; 40 U.S.C. 759);
(4) the Federal Information Security Management Act of 2002
(44 U.S.C. 3531 et seq.);
(5) the E-Government Act of 2002 (44 U.S.C. 9501 et seq.);
(6) the Defense Production Act of 1950 (50 U.S.C. App. 2061
et seq.);
(7) any other Federal law bearing upon cyber-related
activities; and
(8) any applicable Executive Order or agency rule,
regulation, guideline.
(b) Report.--Upon completion of the review, the President, or the
President's designee, shall submit a report to the Senate Committee on
Commerce, Science, and Transportation, the House of Representatives
Committee on Science and Technology, and other appropriate
Congressional Committees containing the President's, or the President's
designee's, findings, conclusions, and recommendations.
SEC. 17. AUTHENTICATION AND CIVIL LIBERTIES REPORT.
Within 1 year after the date of enactment of this Act, the
President, or the President's designee, shall review, and report to
Congress, on the feasibility of an identity management and
authentication program, with the appropriate civil liberties and
privacy protections, for government and critical infrastructure
information systems and networks.
SEC. 18. CYBERSECURITY RESPONSIBILITIES AND AUTHORITY.
The President--
(1) within 1 year after the date of enactment of this Act,
shall develop and implement a comprehensive national
cybersecurity strategy, which shall include--
(A) a long-term vision of the Nation's
cybersecurity future; and
(B) a plan that encompasses all aspects of national
security, including the participation of the private
sector, including critical infrastructure operators and
managers;
(2) may declare a cybersecurity emergency and order the
limitation or shutdown of Internet traffic to and from any
compromised Federal Government or United States critical
infrastructure information system or network;
(3) shall designate an agency to be responsible for
coordinating the response and restoration of any Federal
Government or United States critical infrastructure information
system or network affected by a cybersecurity emergency
declaration under paragraph (2);
(4) shall, through the appropriate department or agency,
review equipment that would be needed after a cybersecurity
attack and develop a strategy for the acquisition, storage, and
periodic replacement of such equipment;
(5) shall direct the periodic mapping of Federal Government
and United States critical infrastructure information systems
or networks, and shall develop metrics to measure the
effectiveness of the mapping process;
(6) may order the disconnection of any Federal Government
or United States critical infrastructure information systems or
networks in the interest of national security;
(7) shall, through the Office of Science and Technology
Policy, direct an annual review of all Federal cyber technology
research and development investments;
(8) may delegate original classification authority to the
appropriate Federal official for the purposes of improving the
Nation's cybersecurity posture;
(9) shall, through the appropriate department or agency,
promulgate rules for Federal professional responsibilities
regarding cybersecurity, and shall provide to the Congress an
annual report on Federal agency compliance with those rules;
(10) shall withhold additional compensation, direct
corrective action for Federal personnel, or terminate a Federal
contract in violation of Federal rules, and shall report any
such action to the Congress in an unclassified format within 48
hours after taking any such action; and
(11) shall notify the Congress within 48 hours after
providing a cyber-related certification of legality to a United
States person.
SEC. 19. QUADRENNIAL CYBER REVIEW.
(a) In General.--Beginning with 2013 and in every fourth year
thereafter, the President, or the President's designee, shall complete
a review of the cyber posture of the United States, including an
unclassified summary of roles, missions, accomplishments, plans, and
programs. The review shall include a comprehensive examination of the
cyber strategy, force structure, modernization plans, infrastructure,
budget plan, the Nation's ability to recover from a cyberemergency, and
other elements of the cyber program and policies with a view toward
determining and expressing the cyber strategy of the United States and
establishing a revised cyber program for the next 4 years.
(b) Involvement of Cybersecurity Advisory Panel.--
(1) The President, or the President's designee, shall
apprise the Cybersecurity Advisory Panel established or
designated under section 3, on an ongoing basis, of the work
undertaken in the conduct of the review.
(2) Not later than 1 year before the completion date for
the review, the Chairman of the Advisory Panel shall submit to
the President, or the President's designee, the Panel's
assessment of work undertaken in the conduct of the review as
of that date and shall include in the assessment the
recommendations of the Panel for improvements to the review,
including recommendations for additional matters to be covered
in the review.
(c) Assessment of Review.--Upon completion of the review, the
Chairman of the Advisory Panel, on behalf of the Panel, shall prepare
and submit to the President, or the President's designee, an assessment
of the review in time for the inclusion of the assessment in its
entirety in the report under subsection (d).
(d) Report.--Not later than September 30, 2013, and every 4 years
thereafter, the President, or the President's designee, shall submit to
the relevant congressional Committees a comprehensive report on the
review. The report shall include--
(1) the results of the review, including a comprehensive
discussion of the cyber strategy of the United States and the
collaboration between the public and private sectors best
suited to implement that strategy;
(2) the threats examined for purposes of the review and the
scenarios developed in the examination of such threats;
(3) the assumptions used in the review, including
assumptions relating to the cooperation of other countries and
levels of acceptable risk; and
(4) the Advisory Panel's assessment.
SEC. 20. JOINT INTELLIGENCE THREAT ASSESSMENT.
The Director of National Intelligence and the Secretary of Commerce
shall submit to the Congress an annual assessment of, and report on,
cybersecurity threats to and vulnerabilities of critical national
information, communication, and data network infrastructure.
SEC. 21. INTERNATIONAL NORMS AND CYBERSECURITY DETERRANCE MEASURES.
The President shall--
(1) work with representatives of foreign governments--
(A) to develop norms, organizations, and other
cooperative activities for international engagement to
improve cybersecurity; and
(B) to encourage international cooperation in
improving cybersecurity on a global basis; and
(2) provide an annual report to the Congress on the
progress of international initiatives undertaken pursuant to
subparagraph (A).
SEC. 22. FEDERAL SECURE PRODUCTS AND SERVICES ACQUISITIONS BOARD.
(a) Establishment.--There is established a Secure Products and
Services Acquisitions Board. The Board shall be responsible for
cybersecurity review and approval of high value products and services
acquisition and, in coordination with the National Institute of
Standards and Technology, for the establishment of appropriate
standards for the validation of software to be acquired by the Federal
Government. The Director of the National Institute of Standards and
Technology shall develop the review process and provide guidance to the
Board. In reviewing software under this subsection, the Board may
consider independent secure software validation and verification as key
factor for approval.
(b) Acquisition Standards.--The Director, in cooperation with the
Office of Management and Budget and other appropriate Federal agencies,
shall ensure that the Board approval is included as a prerequisite to
the acquisition of any product or service--
(1) subject to review by the Board; and
(2) subject to Federal acquisition standards.
(c) Acquisition Compliance.--After the publication of the standards
developed under subsection (a), any proposal submitted in response to a
request for proposals issued by a Federal agency shall demonstrate
compliance with any such applicable standard in order to ensure that
cybersecurity products and services are designed to be an integral part
of the overall acquisition.
SEC. 23. DEFINITIONS.
In this Act:
(1) Advisory panel.--The term ``Advisory Panel'' means the
Cybersecurity Advisory Panel established or designated under
section 3.
(2) Cyber.--The term ``cyber'' means--
(A) any process, program, or protocol relating to
the use of the Internet or an intranet, automatic data
processing or transmission, or telecommunication via
the Internet or an intranet; and
(B) any matter relating to, or involving the use
of, computers or computer networks.
(3) Federal government and united states critical
infrastructure information systems and networks.--The term
``Federal Government and United States critical infrastructure
information systems and networks'' includes--
(A) Federal Government information systems and
networks; and
(B) State, local, and nongovernmental information
systems and networks in the United States designated by
the President as critical infrastructure information
systems and networks.
(4) Internet.--The term ``Internet'' has the meaning given
that term by section 4(4) of the High-Performance Computing Act
of 1991 (15 U.S.C. 5503(4)).
(5) Network.--The term ``network'' has the meaning given
that term by section 4(5) of such Act (15 U.S.C. 5503(5)).
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