II 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. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 2 •S 773 IS 1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2 (a) SHORT TITLE.—This Act may be cited as the 3 ‘‘Cybersecurity Act of 2009’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 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. 6 SEC. 2. FINDINGS. 7 The Congress finds the following: 8 (1) America’s failure to protect cyberspace is 9 one of the most urgent national security problems 10 facing the country. 11 (2) Since intellectual property is now often 12 stored in digital form, industrial espionage that ex- 13 ploits weak cybersecurity dilutes our investment in 14 innovation while subsidizing the research and devel- 15 opment efforts of foreign competitors. In the new VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 3 •S 773 IS 1 global competition, where economic strength and 2 technological leadership are vital components of na- 3 tional power, failing to secure cyberspace puts us at 4 a disadvantage. 5 (3) According to the 2009 Annual Threat As- 6 sessment, ‘‘a successful cyber attack against a major 7 financial service provider could severely impact the 8 national economy, while cyber attacks against phys- 9 ical infrastructure computer systems such as those 10 that control power grids or oil refineries have the po- 11 tential to disrupt services for hours or weeks’’ and 12 that ‘‘Nation states and criminals target our govern- 13 ment and private sector information networks to 14 gain competitive advantage in the commercial sec- 15 tor.’’. 16 (4) The Director of National Intelligence testi- 17 fied before the Congress on February 19, 2009, that 18 ‘‘a growing array of state and non-state adversaries 19 are increasingly targeting-for exploitation and poten- 20 tially disruption or destruction-our information in- 21 frastructure, including the Internet, telecommuni- 22 cations networks, computer systems, and embedded 23 processors and controllers in critical industries’’ and 24 these trends are likely to continue. VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 4 •S 773 IS 1 (5) John Brennan, the Assistant to the Presi- 2 dent for Homeland Security and Counterterrorism 3 wrote on March 2, 2009, that ‘‘our nation’s security 4 and economic prosperity depend on the security, sta- 5 bility, and integrity of communications and informa- 6 tion infrastructure that are largely privately-owned 7 and globally-operated.’’. 8 (6) Paul Kurtz, a Partner and chief operating 9 officer of Good Harbor Consulting as well as a sen- 10 ior advisor to the Obama Transition Team for cyber- 11 security, recently stated that the United States is 12 unprepared to respond to a ‘‘cyber-Katrina’’ and 13 that ‘‘a massive cyber disruption could have a cas- 14 cading, long-term impact without adequate co-ordi- 15 nation between government and the private sector.’’. 16 (7) The Cyber Strategic Inquiry 2008, spon- 17 sored by Business Executives for National Security 18 and executed by Booz Allen Hamilton, recommended 19 to ‘‘establish a single voice for cybersecurity within 20 government’’ concluding that the ‘‘unique nature of 21 cybersecurity requires a new leadership paradigm.’’. 22 (8) Alan Paller, the Director of Research at the 23 SANS Institute, testified before the Congress that 24 ‘‘the fight against cybercrime resembles an arms 25 race where each time the defenders build a new wall, VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 5 •S 773 IS 1 the attackers create new tools to scale the wall. 2 What is particularly important in this analogy is 3 that, unlike conventional warfare where deployment 4 takes time and money and is quite visible, in the 5 cyber world, when the attackers find a new weapon, 6 they can attack millions of computers, and success- 7 fully infect hundreds of thousands, in a few hours or 8 days, and remain completely hidden.’’. 9 (9) According to the February 2003 National 10 Strategy to Secure Cyberspace, ‘‘our nation’s critical 11 infrastructures are composed of public and private 12 institutions in the sectors of agriculture, food, water, 13 public health, emergency services, government, de- 14 fense industrial base, information and telecommuni- 15 cations, energy, transportation, banking finance, 16 chemicals and hazardous materials, and postal and 17 shipping. Cyberspace is their nervous system—the 18 control system of our country’’ and that ‘‘the corner- 19 stone of America’s cyberspace security strategy is 20 and will remain a public-private partnership.’’. 21 (10) According to the National Journal, Mike 22 McConnell, the former Director of National Intel- 23 ligence, told President Bush in May 2007 that if the 24 9/11 attackers had chosen computers instead of air- 25 planes as their weapons and had waged a massive VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 6 •S 773 IS 1 assault on a U.S. bank, the economic consequences 2 would have been ‘‘an order of magnitude greater’’ 3 than those cased by the physical attack on the 4 World Trade Center. Mike McConnell has subse- 5 quently referred to cybersecurity as the ‘‘soft under- 6 belly of this country.’’. 7 (11) The Center for Strategic and International 8 Studies report on Cybersecurity for the 44th Presi- 9 dency concluded that (A) cybersecurity is now a 10 major national security problem for the United 11 States, (B) decisions and actions must respect pri- 12 vacy and civil liberties, and (C) only a comprehen- 13 sive national security strategy that embraces both 14 the domestic and international aspects of cybersecu- 15 rity will make us more secure. The report continued 16 stating that the United States faces ‘‘a long-term 17 challenge in cyberspace from foreign intelligence 18 agencies and militaries, criminals, and others, and 19 that losing this struggle will wreak serious damage 20 on the economic health and national security of the 21 United States.’’. 22 (12) James Lewis, Director and Senior Fellow, 23 Technology and Public Policy Program, Center for 24 Strategic and International Studies, testified on be- 25 half of the Center for Strategic and International VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 7 •S 773 IS 1 Studies that ‘‘the United States is not organized and 2 lacks a coherent national strategy for addressing’’ 3 cybersecurity. 4 (13) President Obama said in a speech at Pur- 5 due University on July 16, 2008, that ‘‘every Amer- 6 ican depends—directly or indirectly—on our system 7 of information networks. They are increasingly the 8 backbone of our economy and our infrastructure; our 9 national security and our personal well-being. But 10 it’s no secret that terrorists could use our computer 11 networks to deal us a crippling blow. We know that 12 cyber-espionage and common crime is already on the 13 rise. And yet while countries like China have been 14 quick to recognize this change, for the last eight 15 years we have been dragging our feet.’’ Moreover, 16 President Obama stated that ‘‘we need to build the 17 capacity to identify, isolate, and respond to any 18 cyber-attack.’’. 19 (14) The President’s Information Technology 20 Advisory Committee reported in 2005 that software 21 is a major vulnerability and that ‘‘software develop- 22 ment methods that have been the norm fail to pro- 23 vide the high-quality, reliable, and secure software 24 that the IT infrastructure requires. . . . Today, as 25 with cancer, vulnerable software can be invaded and VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 8 •S 773 IS 1 modified to cause damage to previously healthy soft- 2 ware, and infected software can replicate itself and 3 be carried across networks to cause damage in other 4 systems.’’. 5 SEC. 3. CYBERSECURITY ADVISORY PANEL. 6 (a) IN GENERAL.—The President shall establish or 7 designate a Cybersecurity Advisory Panel. 8 (b) QUALIFICATIONS.—The President— 9 (1) shall appoint as members of the panel rep- 10 resentatives of industry, academic, non-profit organi- 11 zations, interest groups and advocacy organizations, 12 and State and local governments who are qualified 13 to provide advice and information on cybersecurity 14 research, development, demonstrations, education, 15 technology transfer, commercial application, or soci- 16 etal and civil liberty concerns; and 17 (2) may seek and give consideration to rec- 18 ommendations from the Congress, industry, the cy- 19 bersecurity community, the defense community, 20 State and local governments, and other appropriate 21 organizations. 22 (c) DUTIES.—The panel shall advise the President on 23 matters relating to the national cybersecurity program 24 and strategy and shall assess— VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 9 •S 773 IS 1 (1) trends and developments in cybersecurity 2 science research and development; 3 (2) progress made in implementing the strat- 4 egy; 5 (3) the need to revise the strategy; 6 (4) the balance among the components of the 7 national strategy, including funding for program 8 components; 9 (5) whether the strategy, priorities, and goals 10 are helping to maintain United States leadership 11 and defense in cybersecurity; 12 (6) the management, coordination, implementa- 13 tion, and activities of the strategy; and 14 (7) whether societal and civil liberty concerns 15 are adequately addressed. 16 (d) REPORTS.—The panel shall report, not less fre- 17 quently than once every 2 years, to the President on its 18 assessments under subsection (c) and its recommendations 19 for ways to improve the strategy. 20 (e) TRAVEL EXPENSES OF NON-FEDERAL MEM- 21 BERS.—Non-Federal members of the panel, while attend- 22 ing meetings of the panel or while otherwise serving at 23 the request of the head of the panel while away from their 24 homes or regular places of business, may be allowed travel 25 expenses, including per diem in lieu of subsistence, as auVerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 10 •S 773 IS 1 thorized by section 5703 of title 5, United States Code, 2 for individuals in the government serving without pay. 3 Nothing in this subsection shall be construed to prohibit 4 members of the panel who are officers or employees of the 5 United States from being allowed travel expenses, includ- 6 ing per diem in lieu of subsistence, in accordance with law. 7 (f) EXEMPTION FROM FACA SUNSET.—Section 14 8 of the Federal Advisory Committee Act (5 U.S.C. App.) 9 shall not apply to the Advisory Panel. 10 SEC. 4. REAL-TIME CYBERSECURITY DASHBOARD. 11 The Secretary of Commerce shall— 12 (1) in consultation with the Office of Manage- 13 ment and Budget, develop a plan within 90 days 14 after the date of enactment of this Act to implement 15 a system to provide dynamic, comprehensive, real- 16 time cybersecurity status and vulnerability informa- 17 tion of all Federal Government information systems 18 and networks managed by the Department of Com- 19 merce; and 20 (2) implement the plan within 1 year after the 21 date of enactment of this Act. 22 SEC. 5. STATE AND REGIONAL CYBERSECURITY ENHANCE- 23 MENT PROGRAM. 24 (a) CREATION AND SUPPORT OF CYBERSECURITY 25 CENTERS.—The Secretary of Commerce shall provide asVerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 11 •S 773 IS 1 sistance for the creation and support of Regional Cyberse- 2 curity Centers for the promotion and implementation of 3 cybersecurity standards. Each Center shall be affiliated 4 with a United States-based nonprofit institution or organi- 5 zation, or consortium thereof, that applies for and is 6 awarded financial assistance under this section. 7 (b) PURPOSE.—The purpose of the Centers is to en- 8 hance the cybersecurity of small and medium sized busi- 9 nesses in United States through— 10 (1) the transfer of cybersecurity standards, 11 processes, technology, and techniques developed at 12 the National Institute of Standards and Technology 13 to Centers and, through them, to small- and me- 14 dium-sized companies throughout the United States; 15 (2) the participation of individuals from indus- 16 try, universities, State governments, other Federal 17 agencies, and, when appropriate, the Institute in co- 18 operative technology transfer activities; 19 (3) efforts to make new cybersecurity tech- 20 nology, standards, and processes usable by United 21 States-based small- and medium-sized companies; 22 (4) the active dissemination of scientific, engi- 23 neering, technical, and management information 24 about cybersecurity to industrial firms, including 25 small- and medium-sized companies; and VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 12 •S 773 IS 1 (5) the utilization, when appropriate, of the ex- 2 pertise and capability that exists in Federal labora- 3 tories other than the Institute. 4 (c) ACTIVITIES.—The Centers shall— 5 (1) disseminate cybersecurity technologies, 6 standard, and processes based on research by the In- 7 stitute for the purpose of demonstrations and tech- 8 nology transfer; 9 (2) actively transfer and disseminate cybersecu- 10 rity strategies, best practices, standards, and tech- 11 nologies to protect against and mitigate the risk of 12 cyber attacks to a wide range of companies and en- 13 terprises, particularly small- and medium-sized busi- 14 nesses; and 15 (3) make loans, on a selective, short-term basis, 16 of items of advanced cybersecurity countermeasures 17 to small businesses with less than 100 employees. 18 (c) DURATION AND AMOUNT OF SUPPORT; PROGRAM 19 DESCRIPTIONS; APPLICATIONS; MERIT REVIEW; EVALUA- 20 TIONS OF ASSISTANCE.— 21 (1) FINANCIAL SUPPORT.—The Secretary may 22 provide financial support, not to exceed 50 percent 23 of its annual operating and maintenance costs, to 24 any Center for a period not to exceed 6 years (ex- 25 cept as provided in paragraph (5)(D)). VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 13 •S 773 IS 1 (2) PROGRAM DESCRIPTION.—Within 90 days 2 after the date of enactment of this Act, the Sec- 3 retary shall publish in the Federal Register a draft 4 description of a program for establishing Centers 5 and, after a 30-day comment period, shall publish a 6 final description of the program. The description 7 shall include— 8 (A) a description of the program; 9 (B) procedures to be followed by appli- 10 cants; 11 (C) criteria for determining qualified appli- 12 cants; 13 (D) criteria, including those described in 14 paragraph (4), for choosing recipients of finan- 15 cial assistance under this section from among 16 the qualified applicants; and 17 (E) maximum support levels expected to be 18 available to Centers under the program in the 19 fourth through sixth years of assistance under 20 this section. 21 (3) APPLICATIONS; SUPPORT COMMITMENT.— 22 Any nonprofit institution, or consortia of nonprofit 23 institutions, may submit to the Secretary an applica- 24 tion for financial support under this section, in ac- 25 cordance with the procedures established by the SecVerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 14 •S 773 IS 1 retary. In order to receive assistance under this sec- 2 tion, an applicant shall provide adequate assurances 3 that it will contribute 50 percent or more of the pro- 4 posed Center’s annual operating and maintenance 5 costs for the first 3 years and an increasing share 6 for each of the next 3 years. 7 (4) AWARD CRITERIA.—Awards shall be made 8 on a competitive, merit-based review. In making a 9 decision whether to approve an application and pro- 10 vide financial support under this section, the Sec- 11 retary shall consider, at a minimum— 12 (A) the merits of the application, particu- 13 larly those portions of the application regarding 14 technology transfer, training and education, and 15 adaptation of cybersecurity technologies to the 16 needs of particular industrial sectors; 17 (B) the quality of service to be provided; 18 (C) geographical diversity and extent of 19 service area; and 20 (D) the percentage of funding and amount 21 of in-kind commitment from other sources. 22 (5) THIRD YEAR EVALUATION.— 23 (A) IN GENERAL.—Each Center which re- 24 ceives financial assistance under this section 25 shall be evaluated during its third year of operVerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 15 •S 773 IS 1 ation by an evaluation panel appointed by the 2 Secretary. 3 (B) EVALUATION PANEL.—Each evalua- 4 tion panel shall be composed of private experts, 5 none of whom shall be connected with the in- 6 volved Center, and Federal officials. An official 7 of the Institute shall chair the panel. Each eval- 8 uation panel shall measure the Center’s per- 9 formance against the objectives specified in this 10 section. 11 (C) POSITIVE EVALUATION REQUIRED FOR 12 CONTINUED FUNDING.—The Secretary may not 13 provide funding for the fourth through the sixth 14 years of a Center’s operation unless the evalua- 15 tion by the evaluation panel is positive. If the 16 evaluation is positive, the Secretary may pro- 17 vide continued funding through the sixth year 18 at declining levels. 19 (D) FUNDING AFTER SIXTH YEAR.—After 20 the sixth year, the Secretary may provide addi- 21 tional financial support to a Center if it has re- 22 ceived a positive evaluation through an inde- 23 pendent review, under procedures established by 24 the Institute. An additional independent review 25 shall be required at least every 2 years after the VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 16 •S 773 IS 1 sixth year of operation. Funding received for a 2 fiscal year under this section after the sixth 3 year of operation may not exceed one third of 4 the annual operating and maintenance costs of 5 the Center. 6 (6) PATENT RIGHTS TO INVENTIONS.—The pro- 7 visions of chapter 18 of title 35, United States Code, 8 shall (to the extent not inconsistent with this sec- 9 tion) apply to the promotion of technology from re- 10 search by Centers under this section except for con- 11 tracts for such specific technology extension or 12 transfer services as may be specified by statute or 13 by the President, or the President’s designee. 14 (d) ACCEPTANCE OF FUNDS FROM OTHER FEDERAL 15 DEPARTMENTS AND AGENCIES.—In addition to such 16 sums as may be authorized and appropriated to the Sec- 17 retary and President, or the President’s designee, to oper- 18 ate the Centers program, the Secretary and the President, 19 or the President’s designee, also may accept funds from 20 other Federal departments and agencies for the purpose 21 of providing Federal funds to support Centers. Any Center 22 which is supported with funds which originally came from 23 other Federal departments and agencies shall be selected 24 and operated according to the provisions of this section. VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 17 •S 773 IS 1 SEC. 6. NIST STANDARDS DEVELOPMENT AND COMPLI- 2 ANCE. 3 (a) IN GENERAL.—Within 1 year after the date of 4 enactment of this Act, the National Institute of Standards 5 and Technology shall establish measurable and auditable 6 cybersecurity standards for all Federal Government, gov- 7 ernment contractor, or grantee critical infrastructure in- 8 formation systems and networks in the following areas: 9 (1) CYBERSECURITY METRICS RESEARCH.—The 10 Director of the National Institute of Standards and 11 Technology shall establish a research program to de- 12 velop cybersecurity metrics and benchmarks that can 13 assess the economic impact of cybersecurity. These 14 metrics should measure risk reduction and the cost 15 of defense. The research shall include the develop- 16 ment automated tools to assess vulnerability and 17 compliance. 18 (2) SECURITY CONTROLS.—The Institute shall 19 establish standards for continuously measuring the 20 effectiveness of a prioritized set of security controls 21 that are known to block or mitigate known attacks. 22 (3) SOFTWARE SECURITY.—The Institute shall 23 establish standards for measuring the software secu- 24 rity using a prioritized list of software weaknesses 25 known to lead to exploited and exploitable 26 vulnerabilities. The Institute will also establish a VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 18 •S 773 IS 1 separate set of such standards for measuring secu- 2 rity in embedded software such as that found in in- 3 dustrial control systems. 4 (4) SOFTWARE CONFIGURATION SPECIFICATION 5 LANGUAGE.—The Institute shall, establish standard 6 computer-readable language for completely speci- 7 fying the configuration of software on computer sys- 8 tems widely used in the Federal Government, by 9 government contractors and grantees, and in private 10 sector owned critical infrastructure information sys- 11 tems and networks. 12 (5) STANDARD SOFTWARE CONFIGURATION.— 13 The Institute shall establish standard configurations 14 consisting of security settings for operating system 15 software and software utilities widely used in the 16 Federal Government, by government contractors and 17 grantees, and in private sector owned critical infra- 18 structure information systems and networks. 19 (6) VULNERABILITY SPECIFICATION LAN- 20 GUAGE.—The Institute shall establish standard com- 21 puter-readable language for specifying vulnerabilities 22 in software to enable software vendors to commu- 23 nicate vulnerability data to software users in real 24 time. VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 19 •S 773 IS 1 (7) NATIONAL COMPLIANCE STANDARDS FOR 2 ALL SOFTWARE.— 3 (A) PROTOCOL.—The Institute shall estab- 4 lish a standard testing and accreditation pro- 5 tocol for software built by or for the Federal 6 Government, its contractors, and grantees, and 7 private sector owned critical infrastructure in- 8 formation systems and networks. to ensure that 9 it— 10 (i) meets the software security stand- 11 ards of paragraph (2); and 12 (ii) does not require or cause any 13 changes to be made in the standard con- 14 figurations described in paragraph (4). 15 (B) COMPLIANCE.—The Institute shall de- 16 velop a process or procedure to verify that— 17 (i) software development organizations 18 comply with the protocol established under 19 subparagraph (A) during the software de- 20 velopment process; and 21 (ii) testing results showing evidence of 22 adequate testing and defect reduction are 23 provided to the Federal Government prior 24 to deployment of software. VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 20 •S 773 IS 1 (b) CRITERIA FOR STANDARDS.—Notwithstanding 2 any other provision of law (including any Executive 3 Order), rule, regulation, or guideline, in establishing 4 standards under this section, the Institute shall disregard 5 the designation of an information system or network as 6 a national security system or on the basis of presence of 7 classified or confidential information, and shall establish 8 standards based on risk profiles. 9 (c) INTERNATIONAL STANDARDS.—The Director, 10 through the Institute and in coordination with appropriate 11 Federal agencies, shall be responsible for United States 12 representation in all international standards development 13 related to cybersecurity, and shall develop and implement 14 a strategy to optimize the United States position with re- 15 spect to international cybersecurity standards. 16 (d) COMPLIANCE ENFORCEMENT.—The Director 17 shall— 18 (1) enforce compliance with the standards de- 19 veloped by the Institute under this section by soft- 20 ware manufacturers, distributors, and vendors; and 21 (2) shall require each Federal agency, and each 22 operator of an information system or network des- 23 ignated by the President as a critical infrastructure 24 information system or network, periodically to demVerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 21 •S 773 IS 1 onstrate compliance with the standards established 2 under this section. 3 (e) FCC NATIONAL BROADBAND PLAN.—In devel- 4 oping the national broadband plan pursuant to section 5 6001(k) of the American Recovery and Reinvestment Act 6 of 2009, the Federal Communications Commission shall 7 report on the most effective and efficient means to ensure 8 the cybersecurity of commercial broadband networks, in- 9 cluding consideration of consumer education and outreach 10 programs. 11 SEC. 7. LICENSING AND CERTIFICATION OF CYBERSECU- 12 RITY PROFESSIONALS. 13 (a) IN GENERAL.—Within 1 year after the date of 14 enactment of this Act, the Secretary of Commerce shall 15 develop or coordinate and integrate a national licensing, 16 certification, and periodic recertification program for cy- 17 bersecurity professionals. 18 (b) MANDATORY LICENSING.—Beginning 3 years 19 after the date of enactment of this Act, it shall be unlawful 20 for any individual to engage in business in the United 21 States, or to be employed in the United States, as a pro- 22 vider of cybersecurity services to any Federal agency or 23 an information system or network designated by the Presi- 24 dent, or the President’s designee, as a critical infrastrucVerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 22 •S 773 IS 1 ture information system or network, who is not licensed 2 and certified under the program. 3 SEC. 8. REVIEW OF NTIA DOMAIN NAME CONTRACTS. 4 (a) IN GENERAL.—No action by the Assistant Sec- 5 retary of Commerce for Communications and Information 6 after the date of enactment of this Act with respect to 7 the renewal or modification of a contract related to the 8 operation of the Internet Assigned Numbers Authority, 9 shall be final until the Advisory Panel— 10 (1) has reviewed the action; 11 (2) considered the commercial and national se- 12 curity implications of the action; and 13 (3) approved the action. 14 (b) APPROVAL PROCEDURE.—If the Advisory Panel 15 does not approve such an action, it shall immediately no- 16 tify the Assistant Secretary in writing of the disapproval 17 and the reasons therefor. The Advisory Panel may provide 18 recommendations to the Assistant Secretary in the notice 19 for any modifications the it deems necessary to secure ap- 20 proval of the action. 21 SEC. 9. SECURE DOMAIN NAME ADDRESSING SYSTEM. 22 (a) IN GENERAL.—Within 3 years after the date of 23 enactment of this Act, the Assistant Secretary of Com- 24 merce for Communications and Information shall develop 25 a strategy to implement a secure domain name addressing VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 23 •S 773 IS 1 system. The Assistant Secretary shall publish notice of the 2 system requirements in the Federal Register together with 3 an implementation schedule for Federal agencies and in- 4 formation systems or networks designated by the Presi- 5 dent, or the President’s designee, as critical infrastructure 6 information systems or networks. 7 (b) COMPLIANCE REQUIRED.—The President shall 8 ensure that each Federal agency and each such system 9 or network implements the secure domain name address- 10 ing system in accordance with the schedule published by 11 the Assistant Secretary. 12 SEC. 10. PROMOTING CYBERSECURITY AWARENESS. 13 The Secretary of Commerce shall develop and imple- 14 ment a national cybersecurity awareness campaign that— 15 (1) is designed to heighten public awareness of 16 cybersecurity issues and concerns; 17 (2) communicates the Federal Government’s 18 role in securing the Internet and protecting privacy 19 and civil liberties with respect to Internet-related ac- 20 tivities; and 21 (3) utilizes public and private sector means of 22 providing information to the public, including public 23 service announcements. VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 24 •S 773 IS 1 SEC. 11. FEDERAL CYBERSECURITY RESEARCH AND DE- 2 VELOPMENT. 3 (a) FUNDAMENTAL CYBERSECURITY RESEARCH.— 4 The Director of the National Science Foundation shall 5 give priority to computer and information science and en- 6 gineering research to ensure substantial support is pro- 7 vided to meet the following challenges in cybersecurity: 8 (1) How to design and build complex software- 9 intensive systems that are secure and reliable when 10 first deployed. 11 (2) How to test and verify that software, 12 whether developed locally or obtained from a third 13 party, is free of significant known security flaws. 14 (3) How to test and verify that software ob- 15 tained from a third party correctly implements stat- 16 ed functionality, and only that functionality. 17 (4) How to guarantee the privacy of an individ- 18 ual’s identity, information, or lawful transactions 19 when stored in distributed systems or transmitted 20 over networks. 21 (5) How to build new protocols to enable the 22 Internet to have robust security as one of its key ca- 23 pabilities. 24 (6) How to determine the origin of a message 25 transmitted over the Internet. VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 25 •S 773 IS 1 (7) How to support privacy in conjunction with 2 improved security. 3 (8) How to address the growing problem of in- 4 sider threat. 5 (b) SECURE CODING RESEARCH.—The Director shall 6 support research that evaluates selected secure coding 7 education and improvement programs. The Director shall 8 also support research on new methods of integrating se- 9 cure coding improvement into the core curriculum of com- 10 puter science programs and of other programs where grad- 11 uates have a substantial probability of developing software 12 after graduation. 13 (c) ASSESSMENT OF SECURE CODING EDUCATION IN 14 COLLEGES AND UNIVERSITIES.—Within one year after 15 the date of enactment of this Act, the Director shall sub- 16 mit to the Senate Committee on Commerce, Science, and 17 Transportation and the House of Representatives Com- 18 mittee on Science and Technology a report on the state 19 of secure coding education in America’s colleges and uni- 20 versities for each school that received National Science 21 Foundation funding in excess of $1,000,000 during fiscal 22 year 2008. The report shall include— 23 (1) the number of students who earned under- 24 graduate degrees in computer science or in each 25 other program where graduates have a substantial VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 26 •S 773 IS 1 probability of being engaged in software design or 2 development after graduation; 3 (2) the percentage of those students who com- 4 pleted substantive secure coding education or im- 5 provement programs during their undergraduate ex- 6 perience; and 7 (3) descriptions of the length and content of the 8 education and improvement programs, and a meas- 9 ure of the effectiveness of those programs in ena- 10 bling the students to master secure coding and de- 11 sign. 12 (d) CYBERSECURITY MODELING AND TESTBEDS.— 13 The Director shall establish a program to award grants 14 to institutions of higher education to establish cybersecu- 15 rity testbeds capable of realistic modeling of real-time 16 cyber attacks and defenses. The purpose of this program 17 is to support the rapid development of new cybersecurity 18 defenses, techniques, and processes by improving under- 19 standing and assessing the latest technologies in a real- 20 world environment. The testbeds shall be sufficiently large 21 in order to model the scale and complexity of real world 22 networks and environments. 23 (e) NSF COMPUTER AND NETWORK SECURITY RE- 24 SEARCH GRANT AREAS.—Section 4(a)(1) of the CyberseVerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 27 •S 773 IS 1 curity Research and Development Act (15 U.S.C. 2 7403(a)(1)) is amended— 3 (1) by striking ‘‘and’’ after the semicolon in 4 subparagraph (H); 5 (2) by striking ‘‘property.’’ in subparagraph (I) 6 and inserting ‘‘property;’’; and 7 (3) by adding at the end the following: 8 ‘‘(J) secure fundamental protocols that are at 9 the heart of inter-network communications and data 10 exchange; 11 ‘‘(K) secure software engineering and software 12 assurance, including— 13 ‘‘(i) programming languages and systems 14 that include fundamental security features; 15 ‘‘(ii) portable or reusable code that re- 16 mains secure when deployed in various environ- 17 ments; 18 ‘‘(iii) verification and validation tech- 19 nologies to ensure that requirements and speci- 20 fications have been implemented; and 21 ‘‘(iv) models for comparison and metrics to 22 assure that required standards have been met; 23 ‘‘(L) holistic system security that— 24 ‘‘(i) addresses the building of secure sys- 25 tems from trusted and untrusted components; VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 28 •S 773 IS 1 ‘‘(ii) proactively reduces vulnerabilities; 2 ‘‘(iii) addresses insider threats; and 3 ‘‘(iv) supports privacy in conjunction with 4 improved security; 5 ‘‘(M) monitoring and detection; and 6 ‘‘(N) mitigation and rapid recovery methods.’’. 7 (f) NSF COMPUTER AND NETWORK SECURITY 8 GRANTS.—Section 4(a)(3) of the Cybersecurity Research 9 and Development Act (15 U.S.C. 7403(a)(3)) is amend- 10 ed— 11 (1) by striking ‘‘and’’ in subparagraph (D); 12 (2) by striking ‘‘2007’’ in subparagraph (E) 13 and inserting ‘‘2007;’’; and 14 (3) by adding at the end of the following: 15 ‘‘(F) $150,000,000 for fiscal year 2010; 16 ‘‘(G) $155,000,000 for fiscal year 2011; 17 ‘‘(H) $160,000,000 for fiscal year 2012; 18 ‘‘(I) $165,000,000 for fiscal year 2013; 19 and 20 ‘‘(J) $170,000,000 for fiscal year 2014.’’. 21 (g) COMPUTER AND NETWORK SECURITY CEN- 22 TERS.—Section 4(b)(7) of such Act (15 U.S.C. 23 7403(b)(7)) is amended— 24 (1) by striking ‘‘and’’ in subparagraph (D); VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 29 •S 773 IS 1 (2) by striking ‘‘2007’’ in subparagraph (E) 2 and inserting ‘‘2007;’’; and 3 (3) by adding at the end of the following: 4 ‘‘(F) $50,000,000 for fiscal year 2010; 5 ‘‘(G) $52,000,000 for fiscal year 2011; 6 ‘‘(H) $54,000,000 for fiscal year 2012; 7 ‘‘(I) $56,000,000 for fiscal year 2013; and 8 ‘‘(J) $58,000,000 for fiscal year 2014.’’. 9 (h) COMPUTER AND NETWORK SECURITY CAPACITY 10 BUILDING GRANTS.—Section 5(a)(6) of such Act (15 11 U.S.C. 7404(a)(6)) is amended— 12 (1) by striking ‘‘and’’ in subparagraph (D); 13 (2) by striking ‘‘2007’’ in subparagraph (E) 14 and inserting ‘‘2007;’’; and 15 (3) by adding at the end of the following: 16 ‘‘(F) $40,000,000 for fiscal year 2010; 17 ‘‘(G) $42,000,000 for fiscal year 2011; 18 ‘‘(H) $44,000,000 for fiscal year 2012; 19 ‘‘(I) $46,000,000 for fiscal year 2013; and 20 ‘‘(J) $48,000,000 for fiscal year 2014.’’. 21 (i) SCIENTIFIC AND ADVANCED TECHNOLOGY ACT 22 GRANTS.—Section 5(b)(2) of such Act (15 U.S.C. 23 7404(b)(2)) is amended— 24 (1) by striking ‘‘and’’ in subparagraph (D); VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 30 •S 773 IS 1 (2) by striking ‘‘2007’’ in subparagraph (E) 2 and inserting ‘‘2007;’’; and 3 (3) by adding at the end of the following: 4 ‘‘(F) $5,000,000 for fiscal year 2010; 5 ‘‘(G) $6,000,000 for fiscal year 2011; 6 ‘‘(H) $7,000,000 for fiscal year 2012; 7 ‘‘(I) $8,000,000 for fiscal year 2013; and 8 ‘‘(J) $9,000,000 for fiscal year 2014.’’. 9 (j) GRADUATE TRAINEESHIPS IN COMPUTER AND 10 NETWORK SECURITY RESEARCH.—Section 5(c)(7) of 11 such Act (15 U.S.C. 7404(c)(7)) is amended— 12 (1) by striking ‘‘and’’ in subparagraph (D); 13 (2) by striking ‘‘2007’’ in subparagraph (E) 14 and inserting ‘‘2007;’’; and 15 (3) by adding at the end of the following: 16 ‘‘(F) $20,000,000 for fiscal year 2010; 17 ‘‘(G) $22,000,000 for fiscal year 2011; 18 ‘‘(H) $24,000,000 for fiscal year 2012; 19 ‘‘(I) $26,000,000 for fiscal year 2013; and 20 ‘‘(J) $28,000,000 for fiscal year 2014.’’. 21 (k) CYBERSECURITY FACULTY DEVELOPMENT 22 TRAINEESHIP PROGRAM.—Section 5(e)(9) of such Act (15 23 U.S.C. 7404(e)(9)) is amended by striking ‘‘2007.’’ and 24 inserting ‘‘2007 and for each of fiscal years 2010 through 25 2014.’’. VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 31 •S 773 IS 1 (l) NETWORKING AND INFORMATION TECHNOLOGY 2 RESEARCH AND DEVELOPMENT PROGRAM.—Section 3 204(a)(1) of the High-Performance Computing Act of 4 1991 (15 U.S.C. 5524(a)(1)) is amended— 5 (1) by striking ‘‘and’’ after the semicolon in 6 subparagraph (B); and 7 (2) by inserting after subparagraph (C) the fol- 8 lowing: 9 ‘‘(D) develop and propose standards and 10 guidelines, and develop measurement techniques 11 and test methods, for enhanced cybersecurity 12 for computer networks and common user inter- 13 faces to systems; and’’. 14 SEC. 12. FEDERAL CYBER SCHOLARSHIP-FOR-SERVICE 15 PROGRAM. 16 (a) IN GENERAL.—The Director of the National 17 Science Foundation shall establish a Federal Cyber Schol- 18 arship-for-Service program to recruit and train the next 19 generation of Federal information technology workers and 20 security managers. 21 (b) PROGRAM DESCRIPTION AND COMPONENTS.— 22 The program— 23 (1) shall provide scholarships, that provide full 24 tuition, fees, and a stipend, for up to 1,000 students VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 32 •S 773 IS 1 per year in their pursuit of undergraduate or grad- 2 uate degrees in the cybersecurity field; 3 (2) shall require scholarship recipients, as a 4 condition of receiving a scholarship under the pro- 5 gram, to agree to serve in the Federal information 6 technology workforce for a period equal to the length 7 of the scholarship following graduation if offered em- 8 ployment in that field by a Federal agency; 9 (3) shall provide opportunities for students to 10 receive temporary appointments for meaningful em- 11 ployment in the Federal information technology 12 workforce during school vacation periods and for in- 13 ternships; 14 (4) shall provide a procedure for identifying 15 promising K–12 students for participation in sum- 16 mer work and internship programs that would lead 17 to certification of Federal information technology 18 workforce standards and possible future employ- 19 ment; and 20 (5) shall examine and develop, if appropriate, 21 programs to promote computer security awareness in 22 secondary and high school classrooms. 23 (c) HIRING AUTHORITY.—For purposes of any law 24 or regulation governing the appointment of individuals in 25 the Federal civil service, upon the successful completion VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 33 •S 773 IS 1 of their studies, students receiving a scholarship under the 2 program shall be hired under the authority provided for 3 in section 213.3102(r) of title 5, Code of Federal Regula- 4 tions, and be exempt from competitive service. Upon ful- 5 fillment of the service term, such individuals shall be con- 6 verted to a competitive service position without competi- 7 tion if the individual meets the requirements for that posi- 8 tion. 9 (d) ELIGIBILITY.—To be eligible to receive a scholar- 10 ship under this section, an individual shall— 11 (1) be a citizen of the United States; and 12 (2) demonstrate a commitment to a career in 13 improving the Nation’s cyber defenses. 14 (e) CONSIDERATION AND PREFERENCE.—In making 15 selections for scholarships under this section, the Director 16 shall— 17 (1) consider, to the extent possible, a diverse 18 pool of applicants whose interests are of an inter- 19 disciplinary nature, encompassing the social sci- 20 entific as well as the technical dimensions of cyber 21 security; and 22 (2) give preference to applicants that have par- 23 ticipated in the competition and challenge described 24 in section 13. VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 34 •S 773 IS 1 (f) EVALUATION AND REPORT.—The Director shall 2 evaluate and report to the Senate Committee on Com- 3 merce, Science, and Transportation and the House of Rep- 4 resentatives Committee on Science and Technology on the 5 success of recruiting individuals for the scholarships. 6 (g) AUTHORIZATION OF APPROPRIATIONS.—There 7 are authorized to be appropriated to the National Science 8 Foundation to carry out this section— 9 (1) $50,000,000 for fiscal year 2010; 10 (2) $55,000,000 for fiscal year 2011; 11 (3) $60,000,000 for fiscal year 2012; 12 (4) $65,000,000 for fiscal year 2013; and 13 (5) $70,000,000 for fiscal year 2014. 14 SEC. 13. CYBERSECURITY COMPETITION AND CHALLENGE. 15 (a) IN GENERAL.—The Director of the National In- 16 stitute of Standards and Technology, directly or through 17 appropriate Federal entities, shall establish cybersecurity 18 competitions and challenges with cash prizes in order to— 19 (1) attract, identify, evaluate, and recruit tal- 20 ented individuals for the Federal information tech- 21 nology workforce; and 22 (2) stimulate innovation in basic and applied 23 cybersecurity research, technology development, and 24 prototype demonstration that have the potential for VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 35 •S 773 IS 1 application to the Federal information technology 2 activities of the Federal Government. 3 (b) TYPES OF COMPETITIONS AND CHALLENGES.— 4 The Director shall establish different competitions and 5 challenges targeting the following groups: 6 (1) High school students. 7 (2) Undergraduate students. 8 (3) Graduate students. 9 (4) Academic and research institutions. 10 (c) TOPICS.—In selecting topics for prize competi- 11 tions, the Director shall consult widely both within and 12 outside the Federal Government, and may empanel advi- 13 sory committees. 14 (d) ADVERTISING.—The Director shall widely adver- 15 tise prize competitions, in coordination with the awareness 16 campaign under section 10, to encourage participation. 17 (e) REQUIREMENTS AND REGISTRATION.—For each 18 prize competition, the Director shall publish a notice in 19 the Federal Register announcing the subject of the com- 20 petition, the rules for being eligible to participate in the 21 competition, the amount of the prize, and the basis on 22 which a winner will be selected. 23 (f) ELIGIBILITY.—To be eligible to win a prize under 24 this section, an individual or entity— VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 36 •S 773 IS 1 (1) shall have registered to participate in the 2 competition pursuant to any rules promulgated by 3 the Director under subsection (d); 4 (2) shall have complied with all the require- 5 ments under this section; 6 (3) in the case of a private entity, shall be in- 7 corporated in and maintain a primary place of busi- 8 ness in the United States, and in the case of an in- 9 dividual, whether participating singly or in a group, 10 shall be a citizen or permanent resident of the 11 United States; and 12 (4) shall not be a Federal entity or Federal em- 13 ployee acting within the scope of his or her employ- 14 ment. 15 (g) JUDGES.—For each competition, the Director, ei- 16 ther directly or through an agreement under subsection 17 (h), shall assemble a panel of qualified judges to select 18 the winner or winners of the prize competition. Judges for 19 each competition shall include individuals from the private 20 sector. A judge may not— 21 (1) have personal or financial interests in, or be 22 an employee, officer, director, or agent of any entity 23 that is a registered participant in a competition; or 24 (2) have a familial or financial relationship with 25 an individual who is a registered participant. VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 37 •S 773 IS 1 (h) ADMINISTERING THE COMPETITION.—The Direc- 2 tor may enter into an agreement with a private, nonprofit 3 entity to administer the prize competition, subject to the 4 provisions of this section. 5 (i) FUNDING.— 6 (1) PRIZES.—Prizes under this section may 7 consist of Federal appropriated funds and funds 8 provided by the private sector for such cash prizes. 9 The Director may accept funds from other Federal 10 agencies for such cash prizes. The Director may not 11 give special consideration to any private sector entity 12 in return for a donation. 13 (2) USE OF UNEXPENDED FUNDS.—Notwith- 14 standing any other provision of law, funds appro- 15 priated for prize awards under this section shall re- 16 main available until expended, and may be trans- 17 ferred, reprogrammed, or expended for other pur- 18 poses only after the expiration of 10 fiscal years 19 after the fiscal year for which the funds were origi- 20 nally appropriated. No provision in this section per- 21 mits obligation or payment of funds in violation of 22 the Anti-Deficiency Act (31 U.S.C. 1341). 23 (3) FUNDING REQUIRED BEFORE PRIZE AN- 24 NOUNCED.—No prize may be announced until all the 25 funds needed to pay out the announced amount of VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 38 •S 773 IS 1 the prize have been appropriated or committed in 2 writing by a private source. The Director may in- 3 crease the amount of a prize after an initial an- 4 nouncement is made under subsection (d) if— 5 (A) notice of the increase is provided in 6 the same manner as the initial notice of the 7 prize; and 8 (B) the funds needed to pay out the an- 9 nounced amount of the increase have been ap- 10 propriated or committed in writing by a private 11 source. 12 (4) NOTICE REQUIRED FOR LARGE AWARDS.— 13 No prize competition under this section may offer a 14 prize in an amount greater than $5,000,000 unless 15 30 days have elapsed after written notice has been 16 transmitted to the Senate Committee on Commerce, 17 Science, and Transportation and the House of Rep- 18 resentatives Committee on Science and Technology. 19 (5) DIRECTOR’S APPROVAL REQUIRED FOR CER- 20 TAIN AWARDS.—No prize competition under this sec- 21 tion may result in the award of more than 22 $1,000,000 in cash prizes without the approval of 23 the Director. 24 (j) USE OF FEDERAL INSIGNIA.—A registered partic- 25 ipant in a competition under this section may use any VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 39 •S 773 IS 1 Federal agency’s name, initials, or insignia only after prior 2 review and written approval by the Director. 3 (k) COMPLIANCE WITH EXISTING LAW.—The Fed- 4 eral Government shall not, by virtue of offering or pro- 5 viding a prize under this section, be responsible for compli- 6 ance by registered participants in a prize competition with 7 Federal law, including licensing, export control, and non- 8 proliferation laws and related regulations. 9 (l) AUTHORIZATION OF APPROPRIATIONS.—There 10 are authorized to be appropriated to the National Institute 11 of Standards and Technology to carry out this section 12 $15,000,000 for each of fiscal years 2010 through 2014. 13 SEC. 14. PUBLIC–PRIVATE CLEARINGHOUSE. 14 (a) DESIGNATION.—The Department of Commerce 15 shall serve as the clearinghouse of cybersecurity threat 16 and vulnerability information to Federal Government and 17 private sector owned critical infrastructure information 18 systems and networks. 19 (b) FUNCTIONS.—The Secretary of Commerce— 20 (1) shall have access to all relevant data con- 21 cerning such networks without regard to any provi- 22 sion of law, regulation, rule, or policy restricting 23 such access; 24 (2) shall manage the sharing of Federal Gov- 25 ernment and other critical infrastructure threat and VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 40 •S 773 IS 1 vulnerability information between the Federal Gov- 2 ernment and the persons primarily responsible for 3 the operation and maintenance of the networks con- 4 cerned; and 5 (3) shall report regularly to the Congress on 6 threat information held by the Federal Government 7 that is not shared with the persons primarily respon- 8 sible for the operation and maintenance of the net- 9 works concerned. 10 (c) INFORMATION SHARING RULES AND PROCE- 11 DURES.—Within 90 days after the date of enactment of 12 this Act, the Secretary shall publish in the Federal Reg- 13 ister a draft description of rules and procedures on how 14 the Federal Government will share cybersecurity threat 15 and vulnerability information with private sector critical 16 infrastructure information systems and networks owners. 17 After a 30 day comment period, the Secretary shall pub- 18 lish a final description of the rules and procedures. The 19 description shall include— 20 (1) the rules and procedures on how the Fed- 21 eral Government will share cybersecurity threat and 22 vulnerability information with private sector critical 23 infrastructure information systems and networks 24 owners; VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 41 •S 773 IS 1 (2) the criteria in which private sector owners 2 of critical infrastructure information systems and 3 networks shall share actionable cybersecurity threat 4 and vulnerability information and relevant data with 5 the Federal Government; and 6 (3) any other rule or procedure that will en- 7 hance the sharing of cybersecurity threat and vul- 8 nerability information between private sector owners 9 of critical infrastructure information systems and 10 networks and the Federal Government. 11 SEC. 15. CYBERSECURITY RISK MANAGEMENT REPORT. 12 Within 1 year after the date of enactment of this Act, 13 the President, or the President’s designee, shall report to 14 the Senate Committee on Commerce, Science, and Trans- 15 portation and the House of Representatives Committee on 16 Science and Technology on the feasibility of— 17 (1) creating a market for cybersecurity risk 18 management, including the creation of a system of 19 civil liability and insurance (including government 20 reinsurance); and 21 (2) requiring cybersecurity to be a factor in all 22 bond ratings. 23 SEC. 16. LEGAL FRAMEWORK REVIEW AND REPORT. 24 (a) IN GENERAL.—Within 1 year after the date of 25 enactment of this Act, the President, or the President’s VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 42 •S 773 IS 1 designee, through an appropriate entity, shall complete a 2 comprehensive review of the Federal statutory and legal 3 framework applicable to cyber-related activities in the 4 United States, including— 5 (1) the Privacy Protection Act of 1980 (42 6 U.S.C. 2000aa); 7 (2) the Electronic Communications Privacy Act 8 of 1986 (18 U.S.C. 2510 note); 9 (3) the Computer Security Act of 1987 (15 10 U.S.C. 271 et seq.; 40 U.S.C. 759); 11 (4) the Federal Information Security Manage- 12 ment Act of 2002 (44 U.S.C. 3531 et seq.); 13 (5) the E-Government Act of 2002 (44 U.S.C. 14 9501 et seq.); 15 (6) the Defense Production Act of 1950 (50 16 U.S.C. App. 2061 et seq.); 17 (7) any other Federal law bearing upon cyber- 18 related activities; and 19 (8) any applicable Executive Order or agency 20 rule, regulation, guideline. 21 (b) REPORT.—Upon completion of the review, the 22 President, or the President’s designee, shall submit a re- 23 port to the Senate Committee on Commerce, Science, and 24 Transportation, the House of Representatives Committee 25 on Science and Technology, and other appropriate ConVerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 43 •S 773 IS 1 gressional Committees containing the President’s, or the 2 President’s designee’s, findings, conclusions, and rec- 3 ommendations. 4 SEC. 17. AUTHENTICATION AND CIVIL LIBERTIES REPORT. 5 Within 1 year after the date of enactment of this Act, 6 the President, or the President’s designee, shall review, 7 and report to Congress, on the feasibility of an identity 8 management and authentication program, with the appro- 9 priate civil liberties and privacy protections, for govern- 10 ment and critical infrastructure information systems and 11 networks. 12 SEC. 18. CYBERSECURITY RESPONSIBILITIES AND AUTHOR- 13 ITY. 14 The President— 15 (1) within 1 year after the date of enactment 16 of this Act, shall develop and implement a com- 17 prehensive national cybersecurity strategy, which 18 shall include— 19 (A) a long-term vision of the Nation’s cy- 20 bersecurity future; and 21 (B) a plan that encompasses all aspects of 22 national security, including the participation of 23 the private sector, including critical infrastruc- 24 ture operators and managers; VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 44 •S 773 IS 1 (2) may declare a cybersecurity emergency and 2 order the limitation or shutdown of Internet traffic 3 to and from any compromised Federal Government 4 or United States critical infrastructure information 5 system or network; 6 (3) shall designate an agency to be responsible 7 for coordinating the response and restoration of any 8 Federal Government or United States critical infra- 9 structure information system or network affected by 10 a cybersecurity emergency declaration under para- 11 graph (2); 12 (4) shall, through the appropriate department 13 or agency, review equipment that would be needed 14 after a cybersecurity attack and develop a strategy 15 for the acquisition, storage, and periodic replace- 16 ment of such equipment; 17 (5) shall direct the periodic mapping of Federal 18 Government and United States critical infrastruc- 19 ture information systems or networks, and shall de- 20 velop metrics to measure the effectiveness of the 21 mapping process; 22 (6) may order the disconnection of any Federal 23 Government or United States critical infrastructure 24 information systems or networks in the interest of 25 national security; VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 45 •S 773 IS 1 (7) shall, through the Office of Science and 2 Technology Policy, direct an annual review of all 3 Federal cyber technology research and development 4 investments; 5 (8) may delegate original classification author- 6 ity to the appropriate Federal official for the pur- 7 poses of improving the Nation’s cybersecurity pos- 8 ture; 9 (9) shall, through the appropriate department 10 or agency, promulgate rules for Federal professional 11 responsibilities regarding cybersecurity, and shall 12 provide to the Congress an annual report on Federal 13 agency compliance with those rules; 14 (10) shall withhold additional compensation, di- 15 rect corrective action for Federal personnel, or ter- 16 minate a Federal contract in violation of Federal 17 rules, and shall report any such action to the Con- 18 gress in an unclassified format within 48 hours after 19 taking any such action; and 20 (11) shall notify the Congress within 48 hours 21 after providing a cyber-related certification of legal- 22 ity to a United States person. 23 SEC. 19. QUADRENNIAL CYBER REVIEW. 24 (a) IN GENERAL.—Beginning with 2013 and in every 25 fourth year thereafter, the President, or the President’s VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 46 •S 773 IS 1 designee, shall complete a review of the cyber posture of 2 the United States, including an unclassified summary of 3 roles, missions, accomplishments, plans, and programs. 4 The review shall include a comprehensive examination of 5 the cyber strategy, force structure, modernization plans, 6 infrastructure, budget plan, the Nation’s ability to recover 7 from a cyberemergency, and other elements of the cyber 8 program and policies with a view toward determining and 9 expressing the cyber strategy of the United States and es- 10 tablishing a revised cyber program for the next 4 years. 11 (b) INVOLVEMENT OF CYBERSECURITY ADVISORY 12 PANEL.— 13 (1) The President, or the President’s designee, 14 shall apprise the Cybersecurity Advisory Panel es- 15 tablished or designated under section 3, on an ongo- 16 ing basis, of the work undertaken in the conduct of 17 the review. 18 (2) Not later than 1 year before the completion 19 date for the review, the Chairman of the Advisory 20 Panel shall submit to the President, or the Presi- 21 dent’s designee, the Panel’s assessment of work un- 22 dertaken in the conduct of the review as of that date 23 and shall include in the assessment the recommenda- 24 tions of the Panel for improvements to the review, VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 47 •S 773 IS 1 including recommendations for additional matters to 2 be covered in the review. 3 (c) ASSESSMENT OF REVIEW.—Upon completion of 4 the review, the Chairman of the Advisory Panel, on behalf 5 of the Panel, shall prepare and submit to the President, 6 or the President’s designee, an assessment of the review 7 in time for the inclusion of the assessment in its entirety 8 in the report under subsection (d). 9 (d) REPORT.—Not later than September 30, 2013, 10 and every 4 years thereafter, the President, or the Presi- 11 dent’s designee, shall submit to the relevant congressional 12 Committees a comprehensive report on the review. The re- 13 port shall include— 14 (1) the results of the review, including a com- 15 prehensive discussion of the cyber strategy of the 16 United States and the collaboration between the 17 public and private sectors best suited to implement 18 that strategy; 19 (2) the threats examined for purposes of the re- 20 view and the scenarios developed in the examination 21 of such threats; 22 (3) the assumptions used in the review, includ- 23 ing assumptions relating to the cooperation of other 24 countries and levels of acceptable risk; and 25 (4) the Advisory Panel’s assessment. VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 48 •S 773 IS 1 SEC. 20. JOINT INTELLIGENCE THREAT ASSESSMENT. 2 The Director of National Intelligence and the Sec- 3 retary of Commerce shall submit to the Congress an an- 4 nual assessment of, and report on, cybersecurity threats 5 to and vulnerabilities of critical national information, com- 6 munication, and data network infrastructure. 7 SEC. 21. INTERNATIONAL NORMS AND CYBERSECURITY 8 DETERRANCE MEASURES. 9 The President shall— 10 (1) work with representatives of foreign govern- 11 ments— 12 (A) to develop norms, organizations, and 13 other cooperative activities for international en- 14 gagement to improve cybersecurity; and 15 (B) to encourage international cooperation 16 in improving cybersecurity on a global basis; 17 and 18 (2) provide an annual report to the Congress on 19 the progress of international initiatives undertaken 20 pursuant to subparagraph (A). 21 SEC. 22. FEDERAL SECURE PRODUCTS AND SERVICES AC- 22 QUISITIONS BOARD. 23 (a) ESTABLISHMENT.—There is established a Secure 24 Products and Services Acquisitions Board. The Board 25 shall be responsible for cybersecurity review and approval 26 of high value products and services acquisition and, in coVerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 49 •S 773 IS 1 ordination with the National Institute of Standards and 2 Technology, for the establishment of appropriate stand- 3 ards for the validation of software to be acquired by the 4 Federal Government. The Director of the National Insti- 5 tute of Standards and Technology shall develop the review 6 process and provide guidance to the Board. In reviewing 7 software under this subsection, the Board may consider 8 independent secure software validation and verification as 9 key factor for approval. 10 (b) ACQUISITION STANDARDS.—The Director, in co- 11 operation with the Office of Management and Budget and 12 other appropriate Federal agencies, shall ensure that the 13 Board approval is included as a prerequisite to the acquisi- 14 tion of any product or service— 15 (1) subject to review by the Board; and 16 (2) subject to Federal acquisition standards. 17 (c) ACQUISITION COMPLIANCE.—After the publica- 18 tion of the standards developed under subsection (a), any 19 proposal submitted in response to a request for proposals 20 issued by a Federal agency shall demonstrate compliance 21 with any such applicable standard in order to ensure that 22 cybersecurity products and services are designed to be an 23 integral part of the overall acquisition. 24 SEC. 23. DEFINITIONS. 25 In this Act: VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 50 •S 773 IS 1 (1) ADVISORY PANEL.—The term ‘‘Advisory 2 Panel’’ means the Cybersecurity Advisory Panel es- 3 tablished or designated under section 3. 4 (2) CYBER.—The term ‘‘cyber’’ means— 5 (A) any process, program, or protocol re- 6 lating to the use of the Internet or an intranet, 7 automatic data processing or transmission, or 8 telecommunication via the Internet or an 9 intranet; and 10 (B) any matter relating to, or involving the 11 use of, computers or computer networks. 12 (3) FEDERAL GOVERNMENT AND UNITED 13 STATES CRITICAL INFRASTRUCTURE INFORMATION 14 SYSTEMS AND NETWORKS.—The term ‘‘Federal Gov- 15 ernment and United States critical infrastructure in- 16 formation systems and networks’’ includes— 17 (A) Federal Government information sys- 18 tems and networks; and 19 (B) State, local, and nongovernmental in- 20 formation systems and networks in the United 21 States designated by the President as critical 22 infrastructure information systems and net- 23 works. 24 (4) INTERNET.—The term ‘‘Internet’’ has the 25 meaning given that term by section 4(4) of the VerDate Nov 24 2008 03:46 Apr 03, 2009 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:BILLSS773.IS S773 smartinez on PROD1PC64 with BILLS 51 •S 773 IS 1 High-Performance Computing Act of 1991 (15 2 U.S.C. 5503(4)). 3 (5) NETWORK.—The term ‘‘network’’ has the 4 meaning given that term by section 4(5) of such Act 5 (15 U.S.C. 5503(5)). 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