#aadth ,,congress #ast ,session ,s4 #ged ,,an ,,act ,to improve cybersecurity in the ,united ,states through enhanced sharing of information about cybersecurity threats1 and for other purposes4 #a4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,table of contents4,,title ,i--,cybersecurity ,information ,sharing,sec4 #aja4 ,short title4,sec4 #ajb4 ,definitions4,sec4 #ajc4 ,sharing of information by the ,federal ,government4,sec4 #ajd4 ,authorizations for preventing1 detecting1 analyzing1 and mitigating cybersecurity threats4,sec4 #aje4 ,sharing of cyber threat indicators and defensive measures with the ,federal ,government4,sec4 #ajf4 ,protection from liability4,sec4 #ajg4 ,oversight of ,government activities4,sec4 #ajh4 ,construction and preemption4,sec4 #aji4 ,report on cybersecurity threats4,sec4 #aaj4 ,conforming amendment4,,title ,,ii--,federal ,cybersecurity ,enhancement,sec4 #bja4 ,short title4,sec4 #bjb4 ,definitions4,sec4 #bjc4 ,improved ,federal network security4,sec4 #bjd4 ,advanced internal defenses4,sec4 #bje4 ,federal cybersecurity requirements4,sec4 #bjf4 ,assessment2 reports4,sec4 #bjg4 ,termination4,sec4 #bjh4 ,identification of information systems relating to national security4,sec4 #bji4 ,direction to agencies4,,title ,,iii--,federal cybersecurity workforce assessment,sec4 #cja4 ,short title4,sec4 #cjb4 ,definitions4,sec4 #cjc4 ,national cybersecurity workforce measurement initiative4,sec4 #cjd4 ,identification of cyber-related roles of critical need4,sec4 #cje4 ,government ,accountability ,office status reports4,,title ,,iv--,other cyber matters,sec4 #dja4 ,study on mobile device security4,sec4 #djb4 ,department of ,state international cyberspace policy strategy4,sec4 #djc4 ,apprehension and prosecution of international cyber criminals4,sec4 #djd4 ,enhancement of emergency services4,sec4 #dje4 ,improving cybersecurity in the health care industry4,sec4 #djf4 ,federal computer security4,sec4 #djg4 ,strategy to protect critical infrastructure at greatest risk4,sec4 #djh4 ,stopping the fraudulent sale of financial information of people of the ,united ,states4,sec4 #dji4 ,effective period4 ,i ,cybersecurity ,information ,sharing #aja4 ,short title ,this title may be cited as the ,cybersecurity ,information ,sharing ,act of #bjae4 #ajb4 ,definitions ,in this title3 7#a7 ,agency ,the term agency has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code4 7#b7 ,antitrust laws ,the term antitrust laws-- 7,a7 has the meaning given the term in section #a of the ,clayton ,act 7#ae ,u4,s4,c4 #ab72 7,b7 includes section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 to the extent that section #e of that ,act applies to unfair methods of competition2 and 7,c7 includes any ,state law that has the same intent and effect as the laws under subparagraphs 7,a7 and 7,b74 7#c7 ,appropriate ,federal entities ,the term appropriate ,federal entities means the following3 7,a7 ,the ,department of ,commerce4 7,b7 ,the ,department of ,defense4 7,c7 ,the ,department of ,energy4 7,d7 ,the ,department of ,homeland ,security4 7,e7 ,the ,department of ,justice4 7,f7 ,the ,department of the ,treasury4 7,g7 ,the ,office of the ,director of ,national ,intelligence4 7#d7 ,cybersecurity purpose ,the term cybersecurity purpose means the purpose of protecting an information system or information that is stored on1 processed by1 or transiting an information system from a cybersecurity threat or security vulnerability4 7#e7 ,cybersecurity threat 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term cybersecurity threat means an action1 not protected by the ,first ,amendment to the ,constitution of the ,united ,states1 on or through an information system that may result in an unauthorized effort to adversely impact the security1 availability1 confidentiality1 or integrity of an information system or information that is stored on1 processed by1 or transiting an information system4 7,b7 ,exclusion ,the term cybersecurity threat does not include any action that solely involves a violation of a consumer term of service or a consumer licensing agreement4 7#f7 ,cyber threat indicator ,the term cyber threat indicator means information that is necessary to describe or identify-- 7,a7 malicious reconnaissance1 including anomalous patterns of communications that appear to be transmitted for the purpose of gathering technical information related to a cybersecurity threat or security vulnerability2 7,b7 a method of defeating a security control or exploitation of a security vulnerability2 7,c7 a security vulnerability1 including anomalous activity that appears to indicate the existence of a security vulnerability2 7,d7 a method of causing a user with legitimate access to an information system or information that is stored on1 processed by1 or transiting an information system to unwittingly enable the defeat of a security control or exploitation of a security vulnerability2 7,e7 malicious cyber command and control2 7,f7 the actual or potential harm caused by an incident1 including a description of the information exfiltrated as a result of a particular cybersecurity threat2 7,g7 any other attribute of a cybersecurity threat1 if disclosure of such attribute is not otherwise prohibited by law2 or 7,h7 any combination thereof4 7#g7 ,defensive measure 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term defensive measure means an action1 device1 procedure1 signature1 technique1 or other measure applied to an information system or information that is stored on1 processed by1 or transiting an information system that detects1 prevents1 or mitigates a known or suspected cybersecurity threat or security vulnerability4 7,b7 ,exclusion ,the term defensive measure does not include a measure that destroys1 renders unusable1 provides unauthorized access to1 or substantially harms an information system or data on an information system not belonging to-- 7i7 the private entity operating the measure2 or 7ii7 another entity or ,federal entity that is authorized to provide consent and has provided consent to that private entity for operation of such measure4 7#h7 ,entity 7,a7 ,in general ,except as otherwise provided in this paragraph1 the term entity means any private entity1 non-,federal government agency or department1 or ,state1 tribal1 or local government 7including a political subdivision1 department1 or component thereof74 7,b7 ,inclusions ,the term entity includes a government agency or department of the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states4 7,c7 ,exclusion ,the term entity does not include a foreign power as defined in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 7#i7 ,federal entity ,the term ,federal entity means a department or agency of the ,united ,states or any component of such department or agency4 7#aj7 ,information system ,the term information system-- 7,a7 has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code2 and 7,b7 includes industrial control systems1 such as supervisory control and data acquisition systems1 distributed control systems1 and programmable logic controllers4 7#aa7 ,local government ,the term local government means any borough1 city1 county1 parish1 town1 township1 village1 or other political subdivision of a ,state4 7#ab7 ,malicious cyber command and control ,the term malicious cyber command and control means a method for unauthorized remote identification of1 access to1 or use of1 an information system or information that is stored on1 processed by1 or transiting an information system4 7#ac7 ,malicious reconnaissance ,the term malicious reconnaissance means a method for actively probing or passively monitoring an information system for the purpose of discerning security vulnerabilities of the information system1 if such method is associated with a known or suspected cybersecurity threat4 7#ad7 ,monitor ,the term monitor means to acquire1 identify1 or scan1 or to possess1 information that is stored on1 processed by1 or transiting an information system4 7#ae7 ,private entity 7,a7 ,in general ,except as otherwise provided in this paragraph1 the term private entity means any person or private group1 organization1 proprietorship1 partnership1 trust1 cooperative1 corporation1 or other commercial or nonprofit entity1 including an officer1 employee1 or agent thereof4 7,b7 ,inclusion ,the term private entity includes a ,state1 tribal1 or local government performing electric or other utility services4 7,c7 ,exclusion ,the term private entity does not include a foreign power as defined in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 7#af7 ,security control ,the term security control means the management1 operational1 and technical controls used to protect against an unauthorized effort to adversely affect the confidentiality1 integrity1 and availability of an information system or its information4 7#ag7 ,security vulnerability ,the term security vulnerability means any attribute of hardware1 software1 process1 or procedure that could enable or facilitate the defeat of a security control4 7#ah7 ,tribal ,the term tribal has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 #ajc4 ,sharing of information by the ,federal ,government 7a7 ,in general ,consistent with the protection of classified information1 intelligence sources and methods1 and privacy and civil liberties1 the ,director of ,national ,intelligence1 the ,secretary of ,homeland ,security1 the ,secretary of ,defense1 and the ,attorney ,general1 in consultation with the heads of the appropriate ,federal entities1 shall develop and promulgate procedures to facilitate and promote-- 7#a7 the timely sharing of classified cyber threat indicators in the possession of the ,federal ,government with cleared representatives of relevant entities2 7#b7 the timely sharing with relevant entities of cyber threat indicators or information in the possession of the ,federal ,government that may be declassified and shared at an unclassified level2 7#c7 the sharing with relevant entities1 or the public if appropriate1 of unclassified1 including controlled unclassified1 cyber threat indicators in the possession of the ,federal ,government2 7#d7 the sharing with entities1 if appropriate1 of information in the possession of the ,federal ,government about cybersecurity threats to such entities to prevent or mitigate adverse effects from such cybersecurity threats2 and 7#e7 the periodic sharing1 through publication and targeted outreach1 of cybersecurity best practices that are developed based on ongoing analysis of cyber threat indicators and information in possession of the ,federal ,government1 with attention to accessibility and implementation challenges faced by small business concerns 7as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7b7 ,development of procedures 7#a7 ,in general ,the procedures developed and promulgated under subsection 7a7 shall-- 7,a7 ensure the ,federal ,government has and maintains the capability to share cyber threat indicators in real time consistent with the protection of classified information2 7,b7 incorporate1 to the greatest extent practicable1 existing processes and existing roles and responsibilities of ,federal and non-,federal entities for information sharing by the ,federal ,government1 including sector specific information sharing and analysis centers2 7,c7 include procedures for notifying1 in a timely manner1 entities that have received a cyber threat indicator from a ,federal entity under this title that is known or determined to be in error or in contravention of the requirements of this title or another provision of ,federal law or policy of such error or contravention2 7,d7 include requirements for ,federal entities sharing cyber threat indicators or defensive measures to implement and utilize security controls to protect against unauthorized access to or acquisition of such cyber threat indicators or defensive measures2 7,e7 include procedures that require a ,federal entity1 prior to the sharing of a cyber threat indicator-- 7i7 to review such cyber threat indicator to assess whether such cyber threat indicator contains any information that such ,federal entity knows at the time of sharing to be personal information or information that identifies a specific person not directly related to a cybersecurity threat and remove such information2 or 7ii7 to implement and utilize a technical capability configured to remove any personal information or information that identifies a specific person not directly related to a cybersecurity threat2 and 7,f7 include procedures for notifying1 in a timely manner1 any ,united ,states person whose personal information is known or determined to have been shared by a ,federal entity in violation of this ,act4 7#b7 ,coordination ,in developing the procedures required under this section1 the ,director of ,national ,intelligence1 the ,secretary of ,homeland ,security1 the ,secretary of ,defense1 and the ,attorney ,general shall coordinate with appropriate ,federal entities1 including the ,small ,business ,administration and the ,national ,laboratories 7as defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja771 to ensure that effective protocols are implemented that will facilitate and promote the sharing of cyber threat indicators by the ,federal ,government in a timely manner4 7c7 ,submittal to ,congress ,not later than #fj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 in consultation with the heads of the appropriate ,federal entities1 shall submit to ,congress the procedures required by subsection 7a74 #ajd4 ,authorizations for preventing1 detecting1 analyzing1 and mitigating cybersecurity threats 7a7 ,authorization for monitoring 7#a7 ,in general ,notwithstanding any other provision of law1 a private entity may1 for cybersecurity purposes1 monitor-- 7,a7 an information system of such private entity2 7,b7 an information system of another entity1 upon the authorization and written consent of such other entity2 7,c7 an information system of a ,federal entity1 upon the authorization and written consent of an authorized representative of the ,federal entity2 and 7,d7 information that is stored on1 processed by1 or transiting an information system monitored by the private entity under this paragraph4 7#b7 ,construction ,nothing in this subsection shall be construed-- 7,a7 to authorize the monitoring of an information system1 or the use of any information obtained through such monitoring1 other than as provided in this title2 or 7,b7 to limit otherwise lawful activity4 7b7 ,authorization for operation of defensive measures 7#a7 ,in general ,notwithstanding any other provision of law1 a private entity may1 for cybersecurity purposes1 operate a defensive measure that is applied to-- 7,a7 an information system of such private entity in order to protect the rights or property of the private entity2 7,b7 an information system of another entity upon written consent of such entity for operation of such defensive measure to protect the rights or property of such entity2 and 7,c7 an information system of a ,federal entity upon written consent of an authorized representative of such ,federal entity for operation of such defensive measure to protect the rights or property of the ,federal ,government4 7#b7 ,construction ,nothing in this subsection shall be construed-- 7,a7 to authorize the use of a defensive measure other than as provided in this subsection2 or 7,b7 to limit otherwise lawful activity4 7c7 ,authorization for sharing or receiving cyber threat indicators or defensive measures 7#a7 ,in general ,except as provided in paragraph 7#b7 and notwithstanding any other provision of law1 an entity may1 for a cybersecurity purpose and consistent with the protection of classified information1 share with1 or receive from1 any other entity or the ,federal ,government a cyber threat indicator or defensive measure4 7#b7 ,lawful restriction ,an entity receiving a cyber threat indicator or defensive measure from another entity or ,federal entity shall comply with otherwise lawful restrictions placed on the sharing or use of such cyber threat indicator or defensive measure by the sharing entity or ,federal entity4 7#c7 ,construction ,nothing in this subsection shall be construed-- 7,a7 to authorize the sharing or receiving of a cyber threat indicator or defensive measure other than as provided in this subsection2 or 7,b7 to limit otherwise lawful activity4 7d7 ,protection and use of information 7#a7 ,security of information ,an entity monitoring an information system1 operating a defensive measure1 or providing or receiving a cyber threat indicator or defensive measure under this section shall implement and utilize a security control to protect against unauthorized access to or acquisition of such cyber threat indicator or defensive measure4 7#b7 ,removal of certain personal information ,an entity sharing a cyber threat indicator pursuant to this title shall1 prior to such sharing-- 7,a7 review such cyber threat indicator to assess whether such cyber threat indicator contains any information that the entity knows at the time of sharing to be personal information or information that identifies a specific person not directly related to a cybersecurity threat and remove such information2 or 7,b7 implement and utilize a technical capability configured to remove any information contained within such indicator that the entity knows at the time of sharing to be personal information or information that identifies a specific person not directly related to a cybersecurity threat4 7#c7 ,use of cyber threat indicators and defensive measures by entities 7,a7 ,in general ,consistent with this title1 a cyber threat indicator or defensive measure shared or received under this section may1 for cybersecurity purposes-- 7i7 be used by an entity to monitor or operate a defensive measure that is applied to-- 7,i7 an information system of the entity2 or 7,,ii7 an information system of another entity or a ,federal entity upon the written consent of that other entity or that ,federal entity2 and 7ii7 be otherwise used1 retained1 and further shared by an entity subject to-- 7,i7 an otherwise lawful restriction placed by the sharing entity or ,federal entity on such cyber threat indicator or defensive measure2 or 7,,ii7 an otherwise applicable provision of law4 7,b7 ,construction ,nothing in this paragraph shall be construed to authorize the use of a cyber threat indicator or defensive measure other than as provided in this section4 7#d7 ,use of cyber threat indicators by ,state1 tribal1 or local government 7,a7 ,law enforcement use 7i7 ,prior written consent ,except as provided in clause 7ii71 a cyber threat indicator shared with a ,state1 tribal1 or local government under this section may1 with the prior written consent of the entity sharing such indicator1 be used by a ,state1 tribal1 or local government for the purpose of preventing1 investigating1 or prosecuting any of the offenses described in section #aje7;d77#e77;,a77vi74 7ii7 ,oral consent ,if exigent circumstances prevent obtaining written consent under clause 7i71 such consent may be provided orally with subsequent documentation of the consent4 7,b7 ,exemption from disclosure ,a cyber threat indicator shared with a ,state1 tribal1 or local government under this section shall be-- 7i7 deemed voluntarily shared information2 and 7ii7 exempt from disclosure under any ,state1 tribal1 or local law requiring disclosure of information or records4 7,c7 ,state1 tribal1 and local regulatory authority 7i7 ,in general ,except as provided in clause 7ii71 a cyber threat indicator or defensive measure shared with a ,state1 tribal1 or local government under this title shall not be directly used by any ,state1 tribal1 or local government to regulate1 including an enforcement action1 the lawful activity of any entity1 including an activity relating to monitoring1 operating a defensive measure1 or sharing of a cyber threat indicator4 7ii7 ,regulatory authority specifically relating to prevention or mitigation of cybersecurity threats ,a cyber threat indicator or defensive measure shared as described in clause 7i7 may1 consistent with a ,state1 tribal1 or local government regulatory authority specifically relating to the prevention or mitigation of cybersecurity threats to information systems1 inform the development or implementation of a regulation relating to such information systems4 7e7 ,antitrust exemption 7#a7 ,in general ,except as provided in section #ajh7;e71 it shall not be considered a violation of any provision of antitrust laws for #b or more private entities to exchange or provide a cyber threat indicator1 or assistance relating to the prevention1 investigation1 or mitigation of a cybersecurity threat1 for cybersecurity purposes under this title4 7#b7 ,applicability ,paragraph 7#a7 shall apply only to information that is exchanged or assistance provided in order to assist with-- 7,a7 facilitating the prevention1 investigation1 or mitigation of a cybersecurity threat to an information system or information that is stored on1 processed by1 or transiting an information system2 or 7,b7 communicating or disclosing a cyber threat indicator to help prevent1 investigate1 or mitigate the effect of a cybersecurity threat to an information system or information that is stored on1 processed by1 or transiting an information system4 7f7 ,no right or benefit ,the sharing of a cyber threat indicator with an entity under this title shall not create a right or benefit to similar information by such entity or any other entity4 #aje4 ,sharing of cyber threat indicators and defensive measures with the ,federal ,government 7a7 ,requirement for policies and procedures 7#a7 ,interim policies and procedures ,not later than #fj days after the date of the enactment of this ,act1 the ,attorney ,general and the ,secretary of ,homeland ,security shall1 in coordination with the heads of the appropriate ,federal entities1 develop and submit to ,congress interim policies and procedures relating to the receipt of cyber threat indicators and defensive measures by the ,federal ,government4 7#b7 ,final policies and procedures ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general and the ,secretary of ,homeland ,security shall1 in coordination with the heads of the appropriate ,federal entities1 promulgate final policies and procedures relating to the receipt of cyber threat indicators and defensive measures by the ,federal ,government4 7#c7 ,requirements concerning policies and procedures ,consistent with the guidelines required by subsection 7b71 the policies and procedures developed and promulgated under this subsection shall-- 7,a7 ensure that cyber threat indicators shared with the ,federal ,government by any entity pursuant to section #ajd7;c7 through the real-time process described in subsection 7c7 of this section-- 7i7 are shared in an automated manner with all of the appropriate ,federal entities2 7ii7 are only subject to a delay1 modification1 or other action due to controls established for such real-time process that could impede real-time receipt by all of the appropriate ,federal entities when the delay1 modification1 or other action is due to controls-- 7,i7 agreed upon unanimously by all of the heads of the appropriate ,federal entities2 7,,ii7 carried out before any of the appropriate ,federal entities retains or uses the cyber threat indicators or defensive measures2 and 7,,iii7 uniformly applied such that each of the appropriate ,federal entities is subject to the same delay1 modification1 or other action2 and 7iii7 may be provided to other ,federal entities2 7,b7 ensure that cyber threat indicators shared with the ,federal ,government by any entity pursuant to section #ajd in a manner other than the real time process described in subsection 7c7 of this section-- 7i7 are shared as quickly as operationally practicable with all of the appropriate ,federal entities2 7ii7 are not subject to any unnecessary delay1 interference1 or any other action that could impede receipt by all of the appropriate ,federal entities2 and 7iii7 may be provided to other ,federal entities2 7,c7 consistent with this title1 any other applicable provisions of law1 and the fair information practice principles set forth in appendix ,a of the document entitled ,national ,strategy for ,trusted ,identities in ,cyberspace and published by the ,president in ,april1 #bjaa1 govern the retention1 use1 and dissemination by the ,federal ,government of cyber threat indicators shared with the ,federal ,government under this title1 including the extent1 if any1 to which such cyber threat indicators may be used by the ,federal ,government2 and 7,d7 ensure there are-- 7i7 audit capabilities2 and 7ii7 appropriate sanctions in place for officers1 employees1 or agents of a ,federal entity who knowingly and willfully conduct activities under this title in an unauthorized manner4 7#d7 ,guidelines for entities sharing cyber threat indicators with ,federal ,government 7,a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 the ,attorney ,general and the ,secretary of ,homeland ,security shall develop and make publicly available guidance to assist entities and promote sharing of cyber threat indicators with ,federal entities under this title4 7,b7 ,contents ,the guidelines developed and made publicly available under subparagraph 7,a7 shall include guidance on the following3 7i7 ,identification of types of information that would qualify as a cyber threat indicator under this title that would be unlikely to include personal information or information that identifies a specific person not directly related to a cyber security threat4 7ii7 ,identification of types of information protected under otherwise applicable privacy laws that are unlikely to be directly related to a cybersecurity threat4 7iii7 ,such other matters as the ,attorney ,general and the ,secretary of ,homeland ,security consider appropriate for entities sharing cyber threat indicators with ,federal entities under this title4 7b7 ,privacy and civil liberties 7#a7 ,guidelines of ,attorney ,general ,not later than #fj days after the date of the enactment of this ,act1 the ,attorney ,general shall1 in coordination with heads of the appropriate ,federal entities and in consultation with officers designated under section #ajfb of the ,national ,security ,intelligence ,reform ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee-#a71 develop1 submit to ,congress1 and make available to the public interim guidelines relating to privacy and civil liberties which shall govern the receipt1 retention1 use1 and dissemination of cyber threat indicators by a ,federal entity obtained in connection with activities authorized in this title4 7#b7 ,final guidelines 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,attorney ,general shall1 in coordination with heads of the appropriate ,federal entities and in consultation with officers designated under section #ajfb of the ,national ,security ,intelligence ,reform ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee-#a7 and such private entities with industry expertise as the ,attorney ,general considers relevant1 promulgate final guidelines relating to privacy and civil liberties which shall govern the receipt1 retention1 use1 and dissemination of cyber threat indicators by a ,federal entity obtained in connection with activities authorized in this title4 7,b7 ,periodic review ,the ,attorney ,general shall1 in coordination with heads of the appropriate ,federal entities and in consultation with officers and private entities described in subparagraph 7,a71 periodically1 but not less frequently than once every two years1 review the guidelines promulgated under subparagraph 7,a74 7#c7 ,content ,the guidelines required by paragraphs 7#a7 and 7#b7 shall1 consistent with the need to protect information systems from cybersecurity threats and mitigate cybersecurity threats-- 7,a7 limit the effect on privacy and civil liberties of activities by the ,federal ,government under this title2 7,b7 limit the receipt1 retention1 use1 and dissemination of cyber threat indicators containing personal information or information that identifies specific persons1 including by establishing-- 7i7 a process for the timely destruction of such information that is known not to be directly related to uses authorized under this title2 and 7ii7 specific limitations on the length of any period in which a cyber threat indicator may be retained2 7,c7 include requirements to safeguard cyber threat indicators containing personal information or information that identifies specific persons from unauthorized access or acquisition1 including appropriate sanctions for activities by officers1 employees1 or agents of the ,federal ,government in contravention of such guidelines2 7,d7 include procedures for notifying entities and ,federal entities if information received pursuant to this section is known or determined by a ,federal entity receiving such information not to constitute a cyber threat indicator2 7,e7 protect the confidentiality of cyber threat indicators containing personal information or information that identifies specific persons to the greatest extent practicable and require recipients to be informed that such indicators may only be used for purposes authorized under this title2 and 7,f7 include steps that may be needed so that dissemination of cyber threat indicators is consistent with the protection of classified and other sensitive national security information4 7c7 ,capability and process within the ,department of ,homeland ,security 7#a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in coordination with the heads of the appropriate ,federal entities1 shall develop and implement a capability and process within the ,department of ,homeland ,security that-- 7,a7 shall accept from any entity in real time cyber threat indicators and defensive measures1 pursuant to this section2 7,b7 shall1 upon submittal of the certification under paragraph 7#b7 that such capability and process fully and effectively operates as described in such paragraph1 be the process by which the ,federal ,government receives cyber threat indicators and defensive measures under this title that are shared by a private entity with the ,federal ,government through electronic mail or media1 an interactive form on an ,internet website1 or a real time1 automated process between information systems except-- 7i7 consistent with section #ajd1 communications between a ,federal entity and a private entity regarding a previously shared cyber threat indicator to describe the relevant cybersecurity threat or develop a defensive measure based on such cyber threat indicator2 and 7ii7 communications by a regulated entity with such entity's ,federal regulatory authority regarding a cybersecurity threat2 7,c7 ensures that all of the appropriate ,federal entities receive in an automated manner such cyber threat indicators shared through the real-time process within the ,department of ,homeland ,security2 7,d7 is in compliance with the policies1 procedures1 and guidelines required by this section2 and 7,e7 does not limit or prohibit otherwise lawful disclosures of communications1 records1 or other information1 including-- 7i7 reporting of known or suspected criminal activity1 by an entity to any other entity or a ,federal entity2 7ii7 voluntary or legally compelled participation in a ,federal investigation2 and 7iii7 providing cyber threat indicators or defensive measures as part of a statutory or authorized contractual requirement4 7#b7 ,certification ,not later than #aj days prior to the implementation of the capability and process required by paragraph 7#a71 the ,secretary of ,homeland ,security shall1 in consultation with the heads of the appropriate ,federal entities1 certify to ,congress whether such capability and process fully and effectively operates-- 7,a7 as the process by which the ,federal ,government receives from any entity a cyber threat indicator or defensive measure under this title2 and 7,b7 in accordance with the policies1 procedures1 and guidelines developed under this section4 7#c7 ,public notice and access ,the ,secretary of ,homeland ,security shall ensure there is public notice of1 and access to1 the capability and process developed and implemented under paragraph 7#a7 so that-- 7,a7 any entity may share cyber threat indicators and defensive measures through such process with the ,federal ,government2 and 7,b7 all of the appropriate ,federal entities receive such cyber threat indicators and defensive measures in real time with receipt through the process within the ,department of ,homeland ,security4 7#d7 ,other ,federal entities ,the process developed and implemented under paragraph 7#a7 shall ensure that other ,federal entities receive in a timely manner any cyber threat indicators and defensive measures shared with the ,federal ,government through such process4 7#e7 ,report on development and implementation 7,a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to ,congress a report on the development and implementation of the capability and process required by paragraph 7#a71 including a description of such capability and process and the public notice of1 and access to1 such process4 7,b7 ,classified annex ,the report required by subparagraph 7,a7 shall be submitted in unclassified form1 but may include a classified annex4 7d7 ,information shared with or provided to the ,federal ,government 7#a7 ,no waiver of privilege or protection ,the provision of cyber threat indicators and defensive measures to the ,federal ,government under this title shall not constitute a waiver of any applicable privilege or protection provided by law1 including trade secret protection4 7#b7 ,proprietary information ,consistent with section #ajd7;c77#b71 a cyber threat indicator or defensive measure provided by an entity to the ,federal ,government under this title shall be considered the commercial1 financial1 and proprietary information of such entity when so designated by the originating entity or a third party acting in accordance with the written authorization of the originating entity4 7#c7 ,exemption from disclosure ,cyber threat indicators and defensive measures provided to the ,federal ,government under this title shall be-- 7,a7 deemed voluntarily shared information and exempt from disclosure under section #eeb of title #e1 ,united ,states ,code1 and any ,state1 tribal1 or local law requiring disclosure of information or records2 and 7,b7 withheld1 without discretion1 from the public under section #eeb7;b77#c77;,b7 of title #e1 ,united ,states ,code1 and any ,state1 tribal1 or local provision of law requiring disclosure of information or records4 7#d7 ,ex parte communications ,the provision of a cyber threat indicator or defensive measure to the ,federal ,government under this title shall not be subject to a rule of any ,federal agency or department or any judicial doctrine regarding ex parte communications with a decision-making official4 7#e7 ,disclosure1 retention1 and use 7,a7 ,authorized activities ,cyber threat indicators and defensive measures provided to the ,federal ,government under this title may be disclosed to1 retained by1 and used by1 consistent with otherwise applicable provisions of ,federal law1 any ,federal agency or department1 component1 officer1 employee1 or agent of the ,federal ,government solely for-- 7i7 a cybersecurity purpose2 7ii7 the purpose of identifying a cybersecurity threat1 including the source of such cybersecurity threat1 or a security vulnerability2 7iii7 the purpose of identifying a cybersecurity threat involving the use of an information system by a foreign adversary or terrorist2 7iv7 the purpose of responding to1 or otherwise preventing or mitigating1 an imminent threat of death1 serious bodily harm1 or serious economic harm1 including a terrorist act or a use of a weapon of mass destruction2 7v7 the purpose of responding to1 or otherwise preventing or mitigating1 a serious threat to a minor1 including sexual exploitation and threats to physical safety2 or 7vi7 the purpose of preventing1 investigating1 disrupting1 or prosecuting an offense arising out of a threat described in clause 7iv7 or any of the offenses listed in-- 7,i7 sections #ajbh through #ajcj of title #ah1 ,united ,states ,code 7relating to fraud and identity theft72 7,,ii7 chapter #cg of such title 7relating to espionage and censorship72 and 7,,iii7 chapter #ij of such title 7relating to protection of trade secrets74 7,b7 ,prohibited activities ,cyber threat indicators and defensive measures provided to the ,federal ,government under this title shall not be disclosed to1 retained by1 or used by any ,federal agency or department for any use not permitted under subparagraph 7,a74 7,c7 ,privacy and civil liberties ,cyber threat indicators and defensive measures provided to the ,federal ,government under this title shall be retained1 used1 and disseminated by the ,federal ,government-- 7i7 in accordance with the policies1 procedures1 and guidelines required by subsections 7a7 and 7b72 7ii7 in a manner that protects from unauthorized use or disclosure any cyber threat indicators that may contain personal information or information that identifies specific persons2 and 7iii7 in a manner that protects the confidentiality of cyber threat indicators containing personal information or information that identifies a specific person4 7,d7 ,federal regulatory authority 7i7 ,in general ,except as provided in clause 7ii71 cyber threat indicators and defensive measures provided to the ,federal ,government under this title shall not be directly used by any ,federal1 ,state1 tribal1 or local government to regulate1 including an enforcement action1 the lawful activities of any entity1 including activities relating to monitoring1 operating defensive measures1 or sharing cyber threat indicators4 7ii7 ,exceptions 7,i7 ,regulatory authority specifically relating to prevention or mitigation of cybersecurity threats ,cyber threat indicators and defensive measures provided to the ,federal ,government under this title may1 consistent with ,federal or ,state regulatory authority specifically relating to the prevention or mitigation of cybersecurity threats to information systems1 inform the development or implementation of regulations relating to such information systems4 7,,ii7 ,procedures developed and implemented under this title ,clause 7i7 shall not apply to procedures developed and implemented under this title4 #ajf4 ,protection from liability 7a7 ,monitoring of information systems ,no cause of action shall lie or be maintained in any court against any private entity1 and such action shall be promptly dismissed1 for the monitoring of information systems and information under section #ajd7;a7 that is conducted in accordance with this title4 7b7 ,sharing or receipt of cyber threat indicators ,no cause of action shall lie or be maintained in any court against any entity1 and such action shall be promptly dismissed1 for the sharing or receipt of cyber threat indicators or defensive measures under section #ajd7;c7 if-- 7#a7 such sharing or receipt is conducted in accordance with this title2 and 7#b7 in a case in which a cyber threat indicator or defensive measure is shared with the ,federal ,government1 the cyber threat indicator or defensive measure is shared in a manner that is consistent with section #aje7;c77#a77;,b7 and the sharing or receipt1 as the case may be1 occurs after the earlier of-- 7,a7 the date on which the interim policies and procedures are submitted to ,congress under section #aje7;a77#a7 and guidelines are submitted to ,congress under section #aje7;b77#a72 or 7,b7 the date that is #fj days after the date of the enactment of this ,act4 7c7 ,construction ,nothing in this section shall be construed-- 7#a7 to require dismissal of a cause of action against an entity that has engaged in gross negligence or willful misconduct in the course of conducting activities authorized by this title2 or 7#b7 to undermine or limit the availability of otherwise applicable common law or statutory defenses4 #ajg4 ,oversight of ,government activities 7a7 ,biennial report on implementation 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and not less frequently than once every #b years thereafter1 the heads of the appropriate ,federal entities shall jointly submit and the ,inspector ,general of the ,department of ,homeland ,security1 the ,inspector ,general of the ,intelligence ,community1 the ,inspector ,general of the ,department of ,justice1 the ,inspector ,general of the ,department of ,defense1 and the ,inspector ,general of the ,department of ,energy1 in consultation with the ,council of ,inspectors ,general on ,financial ,oversight1 shall jointly submit to ,congress a detailed report concerning the implementation of this title during-- 7,a7 in the case of the first report submitted under this paragraph1 the most recent #a-year period2 and 7,b7 in the case of any subsequent report submitted under this paragraph1 the most recent #b-year period4 7#b7 ,contents ,each report submitted under paragraph 7#a7 shall include1 for the period covered by the report1 the following3 7,a7 ,an assessment of the sufficiency of the policies1 procedures1 and guidelines required by section #aje in ensuring that cyber threat indicators are shared effectively and responsibly within the ,federal ,government4 7,b7 ,an evaluation of the effectiveness of real-time information sharing through the capability and process developed under section #aje7;c71 including any impediments to such real-time sharing4 7,c7 ,an assessment of the sufficiency of the procedures developed under section #ajc in ensuring that cyber threat indicators in the possession of the ,federal ,government are shared in a timely and adequate manner with appropriate entities1 or1 if appropriate1 are made publicly available4 7,d7 ,an assessment of whether cyber threat indicators have been properly classified and an accounting of the number of security clearances authorized by the ,federal ,government for the purposes of this title4 7,e7 ,a review of the type of cyber threat indicators shared with the appropriate ,federal entities under this title1 including the following3 7i7 ,the number of cyber threat indicators received through the capability and process developed under section #aje7;c74 7ii7 ,the number of times that information shared under this title was used by a ,federal entity to prosecute an offense consistent with section #aje7;d77#e77;,a74 7iii7 ,the degree to which such information may affect the privacy and civil liberties of specific persons4 7iv7 ,a quantitative and qualitative assessment of the effect of the sharing of such cyber threat indicators with the ,federal ,government on privacy and civil liberties of specific persons1 including the number of notices that were issued with respect to a failure to remove personal information or information that identified a specific person not directly related to a cybersecurity threat in accordance with the procedures required by section #aje7;b77#c77;,d74 7v7 ,the adequacy of any steps taken by the ,federal ,government to reduce such effect4 7,f7 ,a review of actions taken by the ,federal ,government based on cyber threat indicators shared with the ,federal ,government under this title1 including the appropriateness of any subsequent use or dissemination of such cyber threat indicators by a ,federal entity under section #aje4 7,g7 ,a description of any significant violations of the requirements of this title by the ,federal ,government4 7,h7 ,a summary of the number and type of entities that received classified cyber threat indicators from the ,federal ,government under this title and an evaluation of the risks and benefits of sharing such cyber threat indicators4 7#c7 ,recommendations ,each report submitted under paragraph 7#a7 may include recommendations for improvements or modifications to the authorities and processes under this title4 7#d7 ,form of report ,each report required by paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 7b7 ,reports on privacy and civil liberties 7#a7 ,biennial report from ,privacy and ,civil ,liberties ,oversight ,board ,not later than #b years after the date of the enactment of this ,act and not less frequently than once every #b years thereafter1 the ,privacy and ,civil ,liberties ,oversight ,board shall submit to ,congress and the ,president a report providing-- 7,a7 an assessment of the effect on privacy and civil liberties by the type of activities carried out under this title2 and 7,b7 an assessment of the sufficiency of the policies1 procedures1 and guidelines established pursuant to section #aje in addressing concerns relating to privacy and civil liberties4 7#b7 ,biennial report of ,inspectors general 7,a7 ,in general ,not later than #b years after the date of the enactment of this ,act and not less frequently than once every #b years thereafter1 the ,inspector ,general of the ,department of ,homeland ,security1 the ,inspector ,general of the ,intelligence ,community1 the ,inspector ,general of the ,department of ,justice1 the ,inspector ,general of the ,department of ,defense1 and the ,inspector ,general of the ,department of ,energy shall1 in consultation with the ,council of ,inspectors ,general on ,financial ,oversight1 jointly submit to ,congress a report on the receipt1 use1 and dissemination of cyber threat indicators and defensive measures that have been shared with ,federal entities under this title4 7,b7 ,contents ,each report submitted under subparagraph 7,a7 shall include the following3 7i7 ,a review of the types of cyber threat indicators shared with ,federal entities4 7ii7 ,a review of the actions taken by ,federal entities as a result of the receipt of such cyber threat indicators4 7iii7 ,a list of ,federal entities receiving such cyber threat indicators4 7iv7 ,a review of the sharing of such cyber threat indicators among ,federal entities to identify inappropriate barriers to sharing information4 7#c7 ,recommendations ,each report submitted under this subsection may include such recommendations as the ,privacy and ,civil ,liberties ,oversight ,board1 with respect to a report submitted under paragraph 7#a71 or the ,inspectors ,general referred to in paragraph 7#b77;,a71 with respect to a report submitted under paragraph 7#b71 may have for improvements or modifications to the authorities under this title4 7#d7 ,form ,each report required under this subsection shall be submitted in unclassified form1 but may include a classified annex4 #ajh4 ,construction and preemption 7a7 ,otherwise lawful disclosures ,nothing in this title shall be construed-- 7#a7 to limit or prohibit otherwise lawful disclosures of communications1 records1 or other information1 including reporting of known or suspected criminal activity1 by an entity to any other entity or the ,federal ,government under this title2 or 7#b7 to limit or prohibit otherwise lawful use of such disclosures by any ,federal entity1 even when such otherwise lawful disclosures duplicate or replicate disclosures made under this title4 7b7 ,whistle blower protections ,nothing in this title shall be construed to prohibit or limit the disclosure of information protected under section #bcjb7;b77#h7 of title #e1 ,united ,states ,code 7governing disclosures of illegality1 waste1 fraud1 abuse1 or public health or safety threats71 section #gbaa of title #e1 ,united ,states ,code 7governing disclosures to ,congress71 section #ajcd of title #aj1 ,united ,states ,code 7governing disclosure to ,congress by members of the military71 section #aajd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbcd7 7governing disclosure by employees of elements of the intelligence community71 or any similar provision of ,federal or ,state law4 7c7 ,protection of sources and methods ,nothing in this title shall be construed-- 7#a7 as creating any immunity against1 or otherwise affecting1 any action brought by the ,federal ,government1 or any agency or department thereof1 to enforce any law1 executive order1 or procedure governing the appropriate handling1 disclosure1 or use of classified information2 7#b7 to affect the conduct of authorized law enforcement or intelligence activities2 or 7#c7 to modify the authority of a department or agency of the ,federal ,government to protect classified information and sources and methods and the national security of the ,united ,states4 7d7 ,relationship to other laws ,nothing in this title shall be construed to affect any requirement under any other provision of law for an entity to provide information to the ,federal ,government4 7e7 ,prohibited conduct ,nothing in this title shall be construed to permit price-fixing1 allocating a market between competitors1 monopolizing or attempting to monopolize a market1 boycotting1 or exchanges of price or cost information1 customer lists1 or information regarding future competitive planning4 7f7 ,information sharing relationships ,nothing in this title shall be construed-- 7#a7 to limit or modify an existing information sharing relationship2 7#b7 to prohibit a new information sharing relationship2 7#c7 to require a new information sharing relationship between any entity and another entity or a ,federal entity2 or 7#d7 to require the use of the capability and process within the ,department of ,homeland ,security developed under section #aje7;c74 7g7 ,preservation of contractual obligations and rights ,nothing in this title shall be construed-- 7#a7 to amend1 repeal1 or supersede any current or future contractual agreement1 terms of service agreement1 or other contractual relationship between any entities1 or between any entity and a ,federal entity2 or 7#b7 to abrogate trade secret or intellectual property rights of any entity or ,federal entity4 7h7 ,anti-tasking restriction ,nothing in this title shall be construed to permit a ,federal entity-- 7#a7 to require an entity to provide information to a ,federal entity or another entity2 7#b7 to condition the sharing of cyber threat indicators with an entity on such entity's provision of cyber threat indicators to a ,federal entity or another entity2 or 7#c7 to condition the award of any ,federal grant1 contract1 or purchase on the provision of a cyber threat indicator to a ,federal entity or another entity4 7i7 ,no liability for non-participation ,nothing in this title shall be construed to subject any entity to liability for choosing not to engage in the voluntary activities authorized in this title4 7j7 ,use and retention of information ,nothing in this title shall be construed to authorize1 or to modify any existing authority of1 a department or agency of the ,federal ,government to retain or use any information shared under this title for any use other than permitted in this title4 7k7 ,federal preemption 7#a7 ,in general ,this title supersedes any statute or other provision of law of a ,state or political subdivision of a ,state that restricts or otherwise expressly regulates an activity authorized under this title4 7#b7 ,state law enforcement ,nothing in this title shall be construed to supersede any statute or other provision of law of a ,state or political subdivision of a ,state concerning the use of authorized law enforcement practices and procedures4 7l7 ,regulatory authority ,nothing in this title shall be construed-- 7#a7 to authorize the promulgation of any regulations not specifically authorized by this title2 7#b7 to establish or limit any regulatory authority not specifically established or limited under this title2 or 7#c7 to authorize regulatory actions that would duplicate or conflict with regulatory requirements1 mandatory standards1 or related processes under another provision of ,federal law4 7m7 ,authority of ,secretary of ,defense ,to respond to cyber attacks ,nothing in this title shall be construed to limit the authority of the ,secretary of ,defense to develop1 prepare1 coordinate1 or1 when authorized by the ,president to do so1 conduct a military cyber operation in response to a malicious cyber activity carried out against the ,united ,states or a ,united ,states person by a foreign government or an organization sponsored by a foreign government or a terrorist organization4 #aji4 ,report on cybersecurity threats 7a7 ,report required ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 in coordination with the heads of other appropriate elements of the intelligence community1 shall submit to the ,select ,committee on ,intelligence of the ,senate and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives a report on cybersecurity threats1 including cyber attacks1 theft1 and data breaches4 7b7 ,contents ,the report required by subsection 7a7 shall include the following3 7#a7 ,an assessment of the current intelligence sharing and cooperation relationships of the ,united ,states with other countries regarding cybersecurity threats1 including cyber attacks1 theft1 and data breaches1 directed against the ,united ,states and which threaten the ,united ,states national security interests and economy and intellectual property1 specifically identifying the relative utility of such relationships1 which elements of the intelligence community participate in such relationships1 and whether and how such relationships could be improved4 7#b7 ,a list and an assessment of the countries and nonstate actors that are the primary threats of carrying out a cybersecurity threat1 including a cyber attack1 theft1 or data breach1 against the ,united ,states and which threaten the ,united ,states national security1 economy1 and intellectual property4 7#c7 ,a description of the extent to which the capabilities of the ,united ,states ,government to respond to or prevent cybersecurity threats1 including cyber attacks1 theft1 or data breaches1 directed against the ,united ,states private sector are degraded by a delay in the prompt notification by private entities of such threats or cyber attacks1 theft1 and breaches4 7#d7 ,an assessment of additional technologies or capabilities that would enhance the ability of the ,united ,states to prevent and to respond to cybersecurity threats1 including cyber attacks1 theft1 and data breaches4 7#e7 ,an assessment of any technologies or practices utilized by the private sector that could be rapidly fielded to assist the intelligence community in preventing and responding to cybersecurity threats4 7c7 ,additional report ,at the time the report required by subsection 7a7 is submitted1 the ,director of ,national ,intelligence shall submit to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives a report containing the information required by subsection 7b77#b74 7d7 ,form of report ,the report required by subsection 7a7 shall be made available in classified and unclassified forms4 7e7 ,intelligence community defined ,in this section1 the term intelligence community has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 #aaj4 ,conforming amendment ,section #ida7;c77#c7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjac 7,public ,law #aab-bci2 #aj ,u4,s4,c4 #bbbd note7 is amended by inserting at the end the following3 ,the ,secretary may share such information with other ,federal entities if such information consists of cyber threat indicators and defensive measures and such information is shared consistent with the policies and procedures promulgated by the ,attorney ,general and the ,secretary of ,homeland ,security under section #aje of the ,cybersecurity ,information ,sharing ,act of #bjae44 ,,ii ,federal ,cybersecurity ,enhancement #bja4 ,short title ,this title may be cited as the ,federal ,cybersecurity ,enhancement ,act of #bjae4 #bjb4 ,definitions ,in this title-- 7#a7 the term agency has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code2 7#b7 the term agency information system has the meaning given the term in section #bbh of the ,homeland ,security ,act of #bjjb1 as added by section #bjc7;a72 7#c7 the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7#d7 the terms cybersecurity risk and information system have the meanings given those terms in section #bbg of the ,homeland ,security ,act of #bjjb1 as so redesignated by section #bjc7;a72 7#e7 the term ,director means the ,director of the ,office of ,management and ,budget2 7#f7 the term intelligence community has the meaning given the term in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d772 7#g7 the term national security system has the meaning given the term in section #aaajc of title #dj1 ,united ,states ,code2 and 7#h7 the term ,secretary means the ,secretary of ,homeland ,security4 #bjc4 ,improved ,federal network security 7a7 ,in general ,subtitle ,c of title ,,ii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ada et seq47 is amended-- 7#a7 by redesignating section #bbh as section #bbi2 7#b7 by redesignating section #bbg as subsection 7c7 of section #bbh1 as added by paragraph 7#d71 and adjusting the margins accordingly2 7#c7 by redesignating the second section designated as section #bbf 7relating to the national cybersecurity and communications integration center7 as section #bbg2 7#d7 by inserting after section #bbg1 as so redesignated1 the following3 #bbh4 ,cybersecurity plans 7a7 ,definitions ,in this section-- 7#a7 the term agency information system means an information system used or operated by an agency or by another entity on behalf of an agency2 7#b7 the terms cybersecurity risk and information system have the meanings given those terms in section #bbg2 7#c7 the term intelligence community has the meaning given the term in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d772 and 7#d7 the term national security system has the meaning given the term in section #aaajc of title #dj1 ,united ,states ,code4 7b7 ,intrusion assessment plan 7#a7 ,requirement ,the ,secretary1 in coordination with the ,director of the ,office of ,management and ,budget1 shall develop and implement an intrusion assessment plan to identify and remove intruders in agency information systems4 7#b7 ,exception ,the intrusion assessment plan required under paragraph 7#a7 shall not apply to the ,department of ,defense1 a national security system1 or an element of the intelligence community4 2 7#e7 in section #bbh7;c71 as so redesignated1 by striking section #bbf and inserting section #bbg2 and 7#f7 by inserting after section #bbi1 as so redesignated1 the following3 #bcj4 ,federal intrusion detection and prevention system 7a7 ,definitions ,in this section-- 7#a7 the term agency has the meaning given that term in section #cejb of title #dd1 ,united ,states ,code2 7#b7 the term agency information means information collected or maintained by or on behalf of an agency2 7#c7 the term agency information system has the meaning given the term in section #bbh2 and 7#d7 the terms cybersecurity risk and information system have the meanings given those terms in section #bbg4 7b7 ,requirement 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,secretary shall deploy1 operate1 and maintain1 to make available for use by any agency1 with or without reimbursement-- 7,a7 a capability to detect cybersecurity risks in network traffic transiting or traveling to or from an agency information system2 and 7,b7 a capability to prevent network traffic associated with such cybersecurity risks from transiting or traveling to or from an agency information system or modify such network traffic to remove the cybersecurity risk4 7#b7 ,regular improvement ,the ,secretary shall regularly deploy new technologies and modify existing technologies to the intrusion detection and prevention capabilities described in paragraph 7#a7 as appropriate to improve the intrusion detection and prevention capabilities4 7c7 ,activities ,in carrying out subsection 7b71 the ,secretary-- 7#a7 may access1 and the head of an agency may disclose to the ,secretary or a private entity providing assistance to the ,secretary under paragraph 7#b71 information transiting or traveling to or from an agency information system1 regardless of the location from which the ,secretary or a private entity providing assistance to the ,secretary under paragraph 7#b7 accesses such information1 notwithstanding any other provision of law that would otherwise restrict or prevent the head of an agency from disclosing such information to the ,secretary or a private entity providing assistance to the ,secretary under paragraph 7#b72 7#b7 may enter into contracts or other agreements with1 or otherwise request and obtain the assistance of1 private entities to deploy and operate technologies in accordance with subsection 7b72 7#c7 may retain1 use1 and disclose information obtained through the conduct of activities authorized under this section only to protect information and information systems from cybersecurity risks2 7#d7 shall regularly assess through operational test and evaluation in real world or simulated environments available advanced protective technologies to improve detection and prevention capabilities1 including commercial and non-commercial technologies and detection technologies beyond signature-based detection1 and utilize such technologies when appropriate2 7#e7 shall establish a pilot to acquire1 test1 and deploy1 as rapidly as possible1 technologies described in paragraph 7#d72 7#f7 shall periodically update the privacy impact assessment required under section #bjh7;b7 of the ,e-,government ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note72 and 7#g7 shall ensure that-- 7,a7 activities carried out under this section are reasonably necessary for the purpose of protecting agency information and agency information systems from a cybersecurity risk2 7,b7 information accessed by the ,secretary will be retained no longer than reasonably necessary for the purpose of protecting agency information and agency information systems from a cybersecurity risk2 7,c7 notice has been provided to users of an agency information system concerning access to communications of users of the agency information system for the purpose of protecting agency information and the agency information system2 and 7,d7 the activities are implemented pursuant to policies and procedures governing the operation of the intrusion detection and prevention capabilities4 7d7 ,private entities 7#a7 ,conditions ,a private entity described in subsection 7c77#b7 may not-- 7,a7 disclose any network traffic transiting or traveling to or from an agency information system to any entity without the consent of the ,department or the agency that disclosed the information under subsection 7c77#a72 or 7,b7 use any network traffic transiting or traveling to or from an agency information system to which the private entity gains access in accordance with this section for any purpose other than to protect agency information and agency information systems against cybersecurity risks or to administer a contract or other agreement entered into pursuant to subsection 7c77#b7 or as part of another contract with the ,secretary4 7#b7 ,limitation on liability ,no cause of action shall lie in any court against a private entity for assistance provided to the ,secretary in accordance with this section and any contract or agreement entered into pursuant to subsection 7c77#b74 7#c7 ,rule of construction ,nothing in paragraph 7#b7 shall be construed to authorize an ,internet service provider to break a user agreement with a customer without the consent of the customer4 7e7 ,attorney ,general review ,not later than #a year after the date of enactment of this section1 the ,attorney ,general shall review the policies and guidelines for the program carried out under this section to ensure that the policies and guidelines are consistent with applicable law governing the acquisition1 interception1 retention1 use1 and disclosure of communications4 4 7b7 ,prioritizing advanced security tools ,the ,director and the ,secretary1 in consultation with appropriate agencies1 shall-- 7#a7 review and update governmentwide policies and programs to ensure appropriate prioritization and use of network security monitoring tools within agency networks2 and 7#b7 brief appropriate congressional committees on such prioritization and use4 7c7 ,agency responsibilities 7#a7 ,in general ,except as provided in paragraph 7#b7-- 7,a7 not later than #a year after the date of enactment of this ,act or #b months after the date on which the ,secretary makes available the intrusion detection and prevention capabilities under section #bcj7;b77#a7 of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a71 whichever is later1 the head of each agency shall apply and continue to utilize the capabilities to all information traveling between an agency information system and any information system other than an agency information system2 and 7,b7 not later than #f months after the date on which the ,secretary makes available improvements to the intrusion detection and prevention capabilities pursuant to section #bcj7;b77#b7 of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a71 the head of each agency shall apply and continue to utilize the improved intrusion detection and prevention capabilities4 7#b7 ,exception ,the requirements under paragraph 7#a7 shall not apply to the ,department of ,defense1 a national security system1 or an element of the intelligence community4 7#c7 ,definition ,in this subsection only1 the term agency information system means an information system owned or operated by an agency4 7#d7 ,rule of construction ,nothing in this subsection shall be construed to limit an agency from applying the intrusion detection and prevention capabilities under section #bcj7;b77#a7 of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a71 at the discretion of the head of the agency or as provided in relevant policies1 directives1 and guidelines4 7d7 ,table of contents amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja note7 is amended by striking the items relating to the first section designated as section #bbf1 the second section designated as section #bbf 7relating to the national cybersecurity and communications integration center71 section #bbg1 and section #bbh and inserting the following3 ,sec4 #bbf4 ,cybersecurity recruitment and retention4,sec4 #bbg4 ,national cybersecurity and communications integration center4,sec4 #bbh4 ,cybersecurity plans4,sec4 #bbi4 ,clearances4,sec4 #bcj4 ,federal intrusion detection and prevention system4 4 #bjd4 ,advanced internal defenses 7a7 ,advanced network security tools 7#a7 ,in general ,the ,secretary shall include in the ,continuous ,diagnostics and ,mitigation ,program advanced network security tools to improve visibility of network activity1 including through the use of commercial and free or open source tools1 to detect and mitigate intrusions and anomalous activity4 7#b7 ,development of plan ,the ,director shall develop and implement a plan to ensure that each agency utilizes advanced network security tools1 including those described in paragraph 7#a71 to detect and mitigate intrusions and anomalous activity4 7b7 ,improved metrics ,the ,secretary1 in collaboration with the ,director1 shall review and update the metrics used to measure security under section #ceed of title #dd1 ,united ,states ,code1 to include measures of intrusion and incident detection and response times4 7c7 ,transparency and accountability ,the ,director1 in consultation with the ,secretary1 shall increase transparency to the public on agency cybersecurity posture1 including by increasing the number of metrics available on ,federal ,government performance websites and1 to the greatest extent practicable1 displaying metrics for department components1 small agencies1 and micro agencies4 7d7 ,maintenance of technologies ,section #ceec7;b77#f77;,b7 of title #dd1 ,united ,states ,code1 is amended by inserting 1 operating1 and maintaining after deploying4 7e7 ,exception ,the requirements under this section shall not apply to the ,department of ,defense1 a national security system1 or an element of the intelligence community4 #bje4 ,federal cybersecurity requirements 7a7 ,implementation of federal cybersecurity standards ,consistent with section #ceec of title #dd1 ,united ,states ,code1 the ,secretary1 in consultation with the ,director1 shall exercise the authority to issue binding operational directives to assist the ,director in ensuring timely agency adoption of and compliance with policies and standards promulgated under section #aacca of title #dj1 ,united ,states ,code1 for securing agency information systems4 7b7 ,cybersecurity requirements at agencies 7#a7 ,in general ,consistent with policies1 standards1 guidelines1 and directives on information security under subchapter ,,ii of chapter #ce of title #dd1 ,united ,states ,code1 and the standards and guidelines promulgated under section #aacca of title #dj1 ,united ,states ,code1 and except as provided in paragraph 7#b71 not later than #a year after the date of the enactment of this ,act1 the head of each agency shall-- 7,a7 identify sensitive and mission critical data stored by the agency consistent with the inventory required under the first subsection 7c7 7relating to the inventory of major information systems7 and the second subsection 7c7 7relating to the inventory of information systems7 of section #ceje of title #dd1 ,united ,states ,code2 7,b7 assess access controls to the data described in subparagraph 7,a71 the need for readily accessible storage of the data1 and individuals' need to access the data2 7,c7 encrypt or otherwise render indecipherable to unauthorized users the data described in subparagraph 7,a7 that is stored on or transiting agency information systems2 7,d7 implement a single sign-on trusted identity platform for individuals accessing each public website of the agency that requires user authentication1 as developed by the ,administrator of ,general ,services in collaboration with the ,secretary2 and 7,e7 implement identity management consistent with section #ejd of the ,cybersecurity ,enhancement ,act of #bjad 7,public ,law #aac-bgd2 #ae ,u4,s4,c4 #gdfd71 including multi-factor authentication1 for-- 7i7 remote access to an agency information system2 and 7ii7 each user account with elevated privileges on an agency information system4 7#b7 ,exception ,the requirements under paragraph 7#a7 shall not apply to an agency information system for which-- 7,a7 the head of the agency has personally certified to the ,director with particularity that-- 7i7 operational requirements articulated in the certification and related to the agency information system would make it excessively burdensome to implement the cybersecurity requirement2 7ii7 the cybersecurity requirement is not necessary to secure the agency information system or agency information stored on or transiting it2 and 7iii7 the agency has taken all necessary steps to secure the agency information system and agency information stored on or transiting it2 and 7,b7 the head of the agency or the designee of the head of the agency has submitted the certification described in subparagraph 7,a7 to the appropriate congressional committees and the agency's authorizing committees4 7#c7 ,construction ,nothing in this section shall be construed to alter the authority of the ,secretary1 the ,director1 or the ,director of the ,national ,institute of ,standards and ,technology in implementing subchapter ,,ii of chapter #ce of title #dd1 ,united ,states ,code4 ,nothing in this section shall be construed to affect the ,national ,institute of ,standards and ,technology standards process or the requirement under section #ceec7;a77#d7 of such title or to discourage continued improvements and advancements in the technology1 standards1 policies1 and guidelines used to promote ,federal information security4 7c7 ,exception ,the requirements under this section shall not apply to the ,department of ,defense1 a national security system1 or an element of the intelligence community4 #bjf4 ,assessment2 reports 7a7 ,definitions ,in this section-- 7#a7 the term intrusion assessments means actions taken under the intrusion assessment plan to identify and remove intruders in agency information systems2 7#b7 the term intrusion assessment plan means the plan required under section #bbh7;b77#a7 of the ,homeland ,security ,act of #bjjb1 as added by section #bjc7;a7 of this ,act2 and 7#c7 the term intrusion detection and prevention capabilities means the capabilities required under section #bcj7;b7 of the ,homeland ,security ,act of #bjjb1 as added by section #bjc7;a7 of this ,act4 7b7 ,third party assessment ,not later than #c years after the date of enactment of this ,act1 the ,government ,accountability ,office shall conduct a study and publish a report on the effectiveness of the approach and strategy of the ,federal ,government to securing agency information systems1 including the intrusion detection and prevention capabilities and the intrusion assessment plan4 7c7 ,reports to ,congress 7#a7 ,intrusion detection and prevention capabilities 7,a7 ,secretary of ,homeland ,security report ,not later than #f months after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to the appropriate congressional committees a report on the status of implementation of the intrusion detection and prevention capabilities1 including-- 7i7 a description of privacy controls2 7ii7 a description of the technologies and capabilities utilized to detect cybersecurity risks in network traffic1 including the extent to which those technologies and capabilities include existing commercial and non-commercial technologies2 7iii7 a description of the technologies and capabilities utilized to prevent network traffic associated with cybersecurity risks from transiting or traveling to or from agency information systems1 including the extent to which those technologies and capabilities include existing commercial and non-commercial technologies2 7iv7 a list of the types of indicators or other identifiers or techniques used to detect cybersecurity risks in network traffic transiting or traveling to or from agency information systems on each iteration of the intrusion detection and prevention capabilities and the number of each such type of indicator1 identifier1 and technique2 7v7 the number of instances in which the intrusion detection and prevention capabilities detected a cybersecurity risk in network traffic transiting or traveling to or from agency information systems and the number of times the intrusion detection and prevention capabilities blocked network traffic associated with cybersecurity risk2 and 7vi7 a description of the pilot established under section #bcj7;c77#e7 of the ,homeland ,security ,act of #bjjb1 as added by section #bjc7;a7 of this ,act1 including the number of new technologies tested and the number of participating agencies4 7,b7 ,,omb report ,not later than #ah months after the date of enactment of this ,act1 and annually thereafter1 the ,director shall submit to ,congress1 as part of the report required under section #ceec7;c7 of title #dd1 ,united ,states ,code1 an analysis of agency application of the intrusion detection and prevention capabilities1 including-- 7i7 a list of each agency and the degree to which each agency has applied the intrusion detection and prevention capabilities to an agency information system2 and 7ii7 a list by agency of-- 7,i7 the number of instances in which the intrusion detection and prevention capabilities detected a cybersecurity risk in network traffic transiting or traveling to or from an agency information system and the types of indicators1 identifiers1 and techniques used to detect such cybersecurity risks2 and 7,,ii7 the number of instances in which the intrusion detection and prevention capabilities prevented network traffic associated with a cybersecurity risk from transiting or traveling to or from an agency information system and the types of indicators1 identifiers1 and techniques used to detect such agency information systems4 7#b7 ,,omb report on development and implementation of intrusion assessment plan1 advanced internal defenses1 and ,federal cybersecurity best practices ,the ,director shall-- 7,a7 not later than #f months after the date of enactment of this ,act1 and #cj days after any update thereto1 submit the intrusion assessment plan to the appropriate congressional committees2 7,b7 not later than #a year after the date of enactment of this ,act1 and annually thereafter1 submit to ,congress1 as part of the report required under section #ceec7;c7 of title #dd1 ,united ,states ,code-- 7i7 a description of the implementation of the intrusion assessment plan2 7ii7 the findings of the intrusion assessments conducted pursuant to the intrusion assessment plan2 7iii7 advanced network security tools included in the ,continuous ,diagnostics and ,mitigation ,program pursuant to section #bjd7;a77#a72 7iv7 the results of the assessment of the ,secretary of best practices for ,federal cybersecurity pursuant to section #bje7;a72 and 7v7 a list by agency of compliance with the requirements of section #bje7;b72 and 7,c7 not later than #a year after the date of enactment of this ,act1 submit to the appropriate congressional committees-- 7i7 a copy of the plan developed pursuant to section #bjd7;a77#b72 and 7ii7 the improved metrics developed pursuant to section #bjd7;b74 #bjg4 ,termination 7a7 ,in general ,the authority provided under section #bcj of the ,homeland ,security ,act of #bjjb1 as added by section #bjc7;a7 of this ,act1 and the reporting requirements under section #bjf7;c7 shall terminate on the date that is #g years after the date of enactment of this ,act4 7b7 ,rule of construction ,nothing in subsection 7a7 shall be construed to affect the limitation of liability of a private entity for assistance provided to the ,secretary under section #bcj7;d77#b7 of the ,homeland ,security ,act of #bjjb1 as added by section #bjc7;a7 of this ,act1 if such assistance was rendered before the termination date under subsection 7a7 or otherwise during a period in which the assistance was authorized4 #bjh4 ,identification of information systems relating to national security 7a7 ,in general ,except as provided in subsection 7c71 not later than #ahj days after the date of enactment of this ,act-- 7#a7 the ,director of ,national ,intelligence and the ,director of the ,office of ,management and ,budget1 in coordination with the heads of other agencies1 shall-- 7,a7 identify all unclassified information systems that provide access to information that may provide an adversary with the ability to derive information that would otherwise be considered classified2 7,b7 assess the risks that would result from the breach of each unclassified information system identified in subparagraph 7,a72 and 7,c7 assess the cost and impact on the mission carried out by each agency that owns an unclassified information system identified in subparagraph 7,a7 if the system were to be subsequently designated as a national security system2 and 7#b7 the ,director of ,national ,intelligence and the ,director of the ,office of ,management and ,budget shall submit to the appropriate congressional committees1 the ,select ,committee on ,intelligence of the ,senate1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives a report that includes the findings under paragraph 7#a74 7b7 ,form ,the report submitted under subsection 7a77#b7 shall be in unclassified form1 and shall include a classified annex4 7c7 ,exception ,the requirements under subsection 7a77#a7 shall not apply to the ,department of ,defense1 a national security system1 or an element of the intelligence community4 7d7 ,rule of construction ,nothing in this section shall be construed to designate an information system as a national security system4 #bji4 ,direction to agencies 7a7 ,in general ,section #ceec of title #dd1 ,united ,states ,code1 is amended by adding at the end the following3 7h7 ,direction to agencies 7#a7 ,authority 7,a7 ,in general ,subject to subparagraph 7,b71 in response to a known or reasonably suspected information security threat1 vulnerability1 or incident that represents a substantial threat to the information security of an agency1 the ,secretary may issue an emergency directive to the head of an agency to take any lawful action with respect to the operation of the information system1 including such systems used or operated by another entity on behalf of an agency1 that collects1 processes1 stores1 transmits1 disseminates1 or otherwise maintains agency information1 for the purpose of protecting the information system from1 or mitigating1 an information security threat4 7,b7 ,exception ,the authorities of the ,secretary under this subsection shall not apply to a system described subsection 7d7 or to a system described in paragraph 7#b7 or 7#c7 of subsection 7e74 7#b7 ,procedures for use of authority ,the ,secretary shall-- 7,a7 in coordination with the ,director1 establish procedures governing the circumstances under which a directive may be issued under this subsection1 which shall include-- 7i7 thresholds and other criteria2 7ii7 privacy and civil liberties protections2 and 7iii7 providing notice to potentially affected third parties2 7,b7 specify the reasons for the required action and the duration of the directive2 7,c7 minimize the impact of a directive under this subsection by-- 7i7 adopting the least intrusive means possible under the circumstances to secure the agency information systems2 and 7ii7 limiting directives to the shortest period practicable2 7,d7 notify the ,director and the head of any affected agency immediately upon the issuance of a directive under this subsection2 7,e7 consult with the ,director of the ,national ,institute of ,standards and ,technology regarding any directive under this subsection that implements standards and guidelines developed by the ,national ,institute of ,standards and ,technology2 7,f7 ensure that directives issued under this subsection do not conflict with the standards and guidelines issued under section #aacca of title #dj2 7,g7 consider any applicable standards or guidelines developed by the ,national ,institute of ,standards and issued by the ,secretary of ,commerce under section #aacca of title #dj2 and 7,h7 not later than ,february #a of each year1 submit to the appropriate congressional committees a report regarding the specific actions the ,secretary has taken pursuant to paragraph 7#a77;,a74 7#c7 ,imminent threats 7,a7 ,in general ,notwithstanding section #ceed1 the ,secretary may authorize the intrusion detection and prevention capabilities under section #bcj7;b77#a7 of the ,homeland ,security ,act of #bjjb for the purpose of ensuring the security of agency information systems1 if-- 7i7 the ,secretary determines there is an imminent threat to agency information systems2 7ii7 the ,secretary determines a directive under subsection 7b77#b77;,c7 or paragraph 7#a77;,a7 is not reasonably likely to result in a timely response to the threat2 7iii7 the ,secretary determines the risk posed by the imminent threat outweighs any adverse consequences reasonably expected to result from the use of protective capabilities under the control of the ,secretary2 7iv7 the ,secretary provides prior notice to the ,director1 and the head and chief information officer 7or equivalent official7 of each agency to which specific actions will be taken pursuant to subparagraph 7,a71 and notifies the appropriate congressional committees and authorizing committees of each such agencies within seven days of taking an action under this subsection of-- 7,i7 any action taken under this subsection2 and 7,,ii7 the reasons for and duration and nature of the action2 7v7 the action of the ,secretary is consistent with applicable law2 and 7vi7 the ,secretary authorizes the use of protective capabilities in accordance with the advance procedures established under subparagraph 7,c74 7,b7 ,limitation on delegation ,the authority under this subsection may not be delegated by the ,secretary4 7,c7 ,advance procedures ,the ,secretary shall1 in coordination with the ,director1 and in consultation with the heads of ,federal agencies1 establish procedures governing the circumstances under which the ,secretary may authorize the use of protective capabilities subparagraph 7,a74 ,the ,secretary shall submit the procedures to ,congress4 7#d7 ,limitation ,the ,secretary may direct or authorize lawful action or protective capability under this subsection only to-- 7,a7 protect agency information from unauthorized access1 use1 disclosure1 disruption1 modification1 or destruction2 or 7,b7 require the remediation of or protect against identified information security risks with respect to-- 7i7 information collected or maintained by or on behalf of an agency2 or 7ii7 that portion of an information system used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency4 7i7 ,annual report to ,congress ,not later than ,february #a of each year1 the ,director shall submit to the appropriate congressional committees a report regarding the specific actions the ,director has taken pursuant to subsection 7a77#e71 including any actions taken pursuant to section #aacjc7;b77#e7 of title #dj4 7j7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,appropriations and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#b7 the ,committee on ,appropriations1 the ,committee on ,homeland ,security1 the ,committee on ,oversight and ,government ,reform1 and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives4 4 7b7 ,conforming amendment ,section #ceed7;a77#a77;,b7 of title #dd1 ,united ,states ,code1 is amended-- 7#a7 in clause 7iii71 by striking and at the end2 and 7#b7 by adding at the end the following3 7v7 emergency directives issued by the ,secretary under section #ceec7;h72 and 4 ,,iii ,federal cybersecurity workforce assessment #cja4 ,short title ,this title may be cited as the ,federal ,cybersecurity ,workforce ,assessment ,act of #bjae4 #cjb4 ,definitions ,in this title3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,armed ,services of the ,senate2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,c7 the ,select ,committee on ,intelligence of the ,senate2 7,d7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,e7 the ,committee on ,armed ,services in the ,house of ,representatives2 7,f7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,g7 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives2 and 7,h7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,director ,the term ,director means the ,director of the ,office of ,personnel ,management4 7#c7 ,roles ,the term roles has the meaning given the term in the ,national ,initiative for ,cybersecurity ,education's ,cybersecurity ,workforce ,framework4 #cjc4 ,national cybersecurity workforce measurement initiative 7a7 ,in general ,the head of each ,federal agency shall-- 7#a7 identify all positions within the agency that require the performance of cybersecurity or other cyber-related functions2 and 7#b7 assign the corresponding employment code1 which shall be added to the ,national ,initiative for ,cybersecurity ,education's ,national ,cybersecurity ,workforce ,framework1 in accordance with subsection 7b74 7b7 ,employment codes 7#a7 ,procedures 7,a7 ,coding structure ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,commerce1 acting through the ,national ,institute of ,standards and ,technology1 shall update the ,national ,initiative for ,cybersecurity ,education's ,cybersecurity ,workforce ,framework to include a corresponding coding structure4 7,b7 ,identification of civilian cyber personnel ,not later than #i months after the date of enactment of this ,act1 the ,director1 in coordination with the ,director of the ,national ,institute of ,standards and ,technology and the ,director of ,national ,intelligence1 shall establish procedures to implement the ,national ,initiative for ,cybersecurity ,education's coding structure to identify all ,federal civilian positions that require the performance of information technology1 cybersecurity1 or other cyber-related functions4 7,c7 ,identification of noncivilian cyber personnel ,not later than #ah months after the date of enactment of this ,act1 the ,secretary of ,defense shall establish procedures to implement the ,national ,initiative for ,cybersecurity ,education's coding structure to identify all ,federal noncivilian positions that require the performance of information technology1 cybersecurity1 or other cyber-related functions4 7,d7 ,baseline assessment of existing cybersecurity workforce ,not later than #c months after the date on which the procedures are developed under subparagraphs 7,b7 and 7,c71 respectively1 the head of each ,federal agency shall submit to the appropriate congressional committees of jurisdiction a report that identifies-- 7i7 the percentage of personnel with information technology1 cybersecurity1 or other cyber-related job functions who currently hold the appropriate industry-recognized certifications as identified in the ,national ,initiative for ,cybersecurity ,education's ,cybersecurity ,workforce ,framework2 7ii7 the level of preparedness of other civilian and noncivilian cyber personnel without existing credentials to take certification exams2 and 7iii7 a strategy for mitigating any gaps identified in clause 7i7 or 7ii7 with the appropriate training and certification for existing personnel4 7,e7 ,procedures for assigning codes ,not later than #c months after the date on which the procedures are developed under subparagraphs 7,b7 and 7,c71 respectively1 the head of each ,federal agency shall establish procedures-- 7i7 to identify all encumbered and vacant positions with information technology1 cybersecurity1 or other cyber-related functions 7as defined in the ,national ,initiative for ,cybersecurity ,education's coding structure72 and 7ii7 to assign the appropriate employment code to each such position1 using agreed standards and definitions4 7#b7 ,code assignments ,not later than #a year after the date after the procedures are established under paragraph 7#a77;,e71 the head of each ,federal agency shall complete assignment of the appropriate employment code to each position within the agency with information technology1 cybersecurity1 or other cyber-related functions4 7c7 ,progress report ,not later than #ahj days after the date of enactment of this ,act1 the ,director shall submit a progress report on the implementation of this section to the appropriate congressional committees4 #cjd4 ,identification of cyber-related roles of critical need 7a7 ,in general ,beginning not later than #a year after the date on which the employment codes are assigned to employees pursuant to section #bjc7;b77#b71 and annually through #bjbb1 the head of each ,federal agency1 in consultation with the ,director1 the ,director of the ,national ,institute of ,standards and ,technology1 and the ,secretary of ,homeland ,security1 shall-- 7#a7 identify information technology1 cybersecurity1 or other cyber-related roles of critical need in the agency's workforce2 and 7#b7 submit a report to the ,director that-- 7,a7 describes the information technology1 cybersecurity1 or other cyber-related roles identified under paragraph 7#a72 and 7,b7 substantiates the critical need designations4 7b7 ,guidance ,the ,director shall provide ,federal agencies with timely guidance for identifying information technology1 cybersecurity1 or other cyber-related roles of critical need1 including-- 7#a7 current information technology1 cybersecurity1 and other cyber-related roles with acute skill shortages2 and 7#b7 information technology1 cybersecurity1 or other cyber-related roles with emerging skill shortages4 7c7 ,cybersecurity needs report ,not later than #b years after the date of the enactment of this ,act1 the ,director1 in consultation with the ,secretary of ,homeland ,security1 shall-- 7#a7 identify critical needs for information technology1 cybersecurity1 or other cyber-related workforce across all ,federal agencies2 and 7#b7 submit a progress report on the implementation of this section to the appropriate congressional committees4 #cje4 ,government ,accountability ,office status reports ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 analyze and monitor the implementation of sections #cjc and #cjd2 and 7#b7 not later than #c years after the date of the enactment of this ,act1 submit a report to the appropriate congressional committees that describes the status of such implementation4 ,,iv ,other cyber matters #dja4 ,study on mobile device security 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology1 shall-- 7#a7 complete a study on threats relating to the security of the mobile devices of the ,federal ,government2 and 7#b7 submit an unclassified report to ,congress1 with a classified annex if necessary1 that contains the findings of such study1 the recommendations developed under paragraph 7#c7 of subsection 7b71 the deficiencies1 if any1 identified under 7#d7 of such subsection1 and the plan developed under paragraph 7#e7 of such subsection4 7b7 ,matters studied ,in carrying out the study under subsection 7a77#a71 the ,secretary1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology1 shall-- 7#a7 assess the evolution of mobile security techniques from a desktop-centric approach1 and whether such techniques are adequate to meet current mobile security challenges2 7#b7 assess the effect such threats may have on the cybersecurity of the information systems and networks of the ,federal ,government 7except for national security systems or the information systems and networks of the ,department of ,defense and the intelligence community72 7#c7 develop recommendations for addressing such threats based on industry standards and best practices2 7#d7 identify any deficiencies in the current authorities of the ,secretary that may inhibit the ability of the ,secretary to address mobile device security throughout the ,federal ,government 7except for national security systems and the information systems and networks of the ,department of ,defense and intelligence community72 and 7#e7 develop a plan for accelerated adoption of secure mobile device technology by the ,department of ,homeland ,security4 7c7 ,intelligence community defined ,in this section1 the term intelligence community has the meaning given such term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 #djb4 ,department of ,state international cyberspace policy strategy 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,state shall produce a comprehensive strategy relating to ,united ,states international policy with regard to cyberspace4 7b7 ,elements ,the strategy required by subsection 7a7 shall include the following3 7#a7 ,a review of actions and activities undertaken by the ,secretary of ,state to date to support the goal of the ,president's ,international ,strategy for ,cyberspace1 released in ,may #bjaa1 to work internationally to promote an open1 interoperable1 secure1 and reliable information and communications infrastructure that supports international trade and commerce1 strengthens international security1 and fosters free expression and innovation44 7#b7 ,a plan of action to guide the diplomacy of the ,secretary of ,state1 with regard to foreign countries1 including conducting bilateral and multilateral activities to develop the norms of responsible international behavior in cyberspace1 and status review of existing discussions in multilateral fora to obtain agreements on international norms in cyberspace4 7#c7 ,a review of the alternative concepts with regard to international norms in cyberspace offered by foreign countries that are prominent actors1 including ,china1 ,russia1 ,brazil1 and ,india4 7#d7 ,a detailed description of threats to ,united ,states national security in cyberspace from foreign countries1 state-sponsored actors1 and private actors to ,federal and private sector infrastructure of the ,united ,states1 intellectual property in the ,united ,states1 and the privacy of citizens of the ,united ,states4 7#e7 ,a review of policy tools available to the ,president to deter foreign countries1 state-sponsored actors1 and private actors1 including those outlined in ,executive ,order #acfid1 released on ,april #a1 #bjae4 7#f7 ,a review of resources required by the ,secretary1 including the ,office of the ,coordinator for ,cyber ,issues1 to conduct activities to build responsible norms of international cyber behavior4 7c7 ,consultation ,in preparing the strategy required by subsection 7a71 the ,secretary of ,state shall consult1 as appropriate1 with other agencies and departments of the ,united ,states and the private sector and nongovernmental organizations in the ,united ,states with recognized credentials and expertise in foreign policy1 national security1 and cybersecurity4 7d7 ,form of strategy ,the strategy required by subsection 7a7 shall be in unclassified form1 but may include a classified annex4 7e7 ,availability of information ,the ,secretary of ,state shall-- 7#a7 make the strategy required in subsection 7a7 available the public2 and 7#b7 brief the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives on the strategy1 including any material contained in a classified annex4 #djc4 ,apprehension and prosecution of international cyber criminals 7a7 ,international cyber criminal defined ,in this section1 the term international cyber criminal means an individual-- 7#a7 who is believed to have committed a cybercrime or intellectual property crime against the interests of the ,united ,states or the citizens of the ,united ,states2 and 7#b7 for whom-- 7,a7 an arrest warrant has been issued by a judge in the ,united ,states2 or 7,b7 an international wanted notice 7commonly referred to as a ,red ,notice7 has been circulated by ,interpol4 7b7 ,consultations for noncooperation ,the ,secretary of ,state1 or designee1 shall consult with the appropriate government official of each country from which extradition is not likely due to the lack of an extradition treaty with the ,united ,states or other reasons1 in which one or more international cyber criminals are physically present1 to determine what actions the government of such country has taken-- 7#a7 to apprehend and prosecute such criminals2 and 7#b7 to prevent such criminals from carrying out cybercrimes or intellectual property crimes against the interests of the ,united ,states or its citizens4 7c7 ,annual report 7#a7 ,in general ,the ,secretary of ,state shall submit to the appropriate congressional committees an annual report that includes-- 7,a7 the number of international cyber criminals located in other countries1 disaggregated by country1 and indicating from which countries extradition is not likely due to the lack of an extradition treaty with the ,united ,states or other reasons2 7,b7 the nature and number of significant discussions by an official of the ,department of ,state on ways to thwart or prosecute international cyber criminals with an official of another country1 including the name of each such country2 and 7,c7 for each international cyber criminal who was extradited to the ,united ,states during the most recently completed calendar year-- 7i7 his or her name2 7ii7 the crimes for which he or she was charged2 7iii7 his or her previous country of residence2 and 7iv7 the country from which he or she was extradited into the ,united ,states4 7#b7 ,form ,the report required by this subsection shall be in unclassified form to the maximum extent possible1 but may include a classified annex4 7#c7 ,appropriate congressional committees ,for purposes of this subsection1 the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,relations1 the ,committee on ,appropriations1 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,select ,committee on ,intelligence1 and the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on ,foreign ,affairs1 the ,committee on ,appropriations1 the ,committee on ,homeland ,security1 the ,committee on ,financial ,services1 the ,permanent ,select ,committee on ,intelligence1 and the ,committee on the ,judiciary of the ,house of ,representatives4 #djd4 ,enhancement of emergency services 7a7 ,collection of data ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,national ,cybersecurity and ,communications ,integration ,center1 in coordination with appropriate ,federal entities and the ,director for ,emergency ,communications1 shall establish a process by which a ,statewide ,interoperability ,coordinator may report data on any cybersecurity risk or incident involving any information system or network used by emergency response providers 7as defined in section #b of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja77 within the ,state4 7b7 ,analysis of data ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,director of the ,national ,cybersecurity and ,communications ,integration ,center1 in coordination with appropriate entities and the ,director for ,emergency ,communications1 and in consultation with the ,director of the ,national ,institute of ,standards and ,technology1 shall conduct integration and analysis of the data reported under subsection 7a7 to develop information and recommendations on security and resilience measures for any information system or network used by ,state emergency response providers4 7c7 ,best practices 7#a7 ,in general ,using the results of the integration and analysis conducted under subsection 7b71 and any other relevant information1 the ,director of the ,national ,institute of ,standards and ,technology shall1 on an ongoing basis1 facilitate and support the development of methods for reducing cybersecurity risks to emergency response providers using the process described in section #b7;e7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bgb7;e774 7#b7 ,report ,the ,director of the ,national ,institute of ,standards and ,technology shall submit a report to ,congress on the methods developed under paragraph 7#a7 and shall make such report publically available on the website of the ,national ,institute of ,standards and ,technology4 7d7 ,rule of construction ,nothing in this section shall be construed to-- 7#a7 require a ,state to report data under subsection 7a72 or 7#b7 require an entity to-- 7,a7 adopt a recommended measure developed under subsection 7b72 or 7,b7 follow the best practices developed under subsection 7c74 #dje4 ,improving cybersecurity in the health care industry 7a7 ,definitions ,in this section3 7#a7 ,business associate ,the term business associate has the meaning given such term in section #afj4ajc of title #de1 ,code of ,federal ,regulations4 7#b7 ,covered entity ,the term covered entity has the meaning given such term in section #afj4ajc of title #de1 ,code of ,federal ,regulations4 7#c7 ,health care clearinghouse2 health care provider2 health plan ,the terms health care clearinghouse1 health care provider1 and health plan have the meanings given the terms in section #afj4ajc of title #de1 ,code of ,federal ,regulations4 7#d7 ,health care industry stakeholder ,the term health care industry stakeholder means any-- 7,a7 health plan1 health care clearinghouse1 or health care provider2 7,b7 patient advocate2 7,c7 pharmacist2 7,d7 developer of health information technology2 7,e7 laboratory2 7,f7 pharmaceutical or medical device manufacturer2 or 7,g7 additional stakeholder the ,secretary determines necessary for purposes of subsection 7d77#a71 7d77#c71 or 7e74 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit1 to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 a report on the preparedness of the health care industry in responding to cybersecurity threats4 7c7 ,contents of report ,with respect to the internal response of the ,department of ,health and ,human ,services to emerging cybersecurity threats1 the report shall include-- 7#a7 a clear statement of the official within the ,department of ,health and ,human ,services to be responsible for leading and coordinating efforts of the ,department regarding cybersecurity threats in the health care industry2 and 7#b7 a plan from each relevant operating division and subdivision of the ,department of ,health and ,human ,services on how such division or subdivision will address cybersecurity threats in the health care industry1 including a clear delineation of how each such division or subdivision will divide responsibility among the personnel of such division or subdivision and communicate with other such divisions and subdivisions regarding efforts to address such threats4 7d7 ,health care industry cybersecurity task force 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology and the ,secretary of ,homeland ,security1 shall convene health care industry stakeholders1 cybersecurity experts1 and any ,federal agencies or entities the ,secretary determines appropriate to establish a task force to-- 7,a7 analyze how industries1 other than the health care industry1 have implemented strategies and safeguards for addressing cybersecurity threats within their respective industries2 7,b7 analyze challenges and barriers private entities 7notwithstanding section #ajb7ae77;,b71 excluding any ,state1 tribal1 or local government7 in the health care industry face securing themselves against cyber attacks2 7,c7 review challenges that covered entities and business associates face in securing networked medical devices and other software or systems that connect to an electronic health record2 7,d7 provide the ,secretary with information to disseminate to health care industry stakeholders for purposes of improving their preparedness for1 and response to1 cybersecurity threats affecting the health care industry2 7,e7 establish a plan for creating a single system for the ,federal ,government to share information on actionable intelligence regarding cybersecurity threats to the health care industry in near real time1 requiring no fee to the recipients of such information1 including which ,federal agency or other entity may be best suited to be the central conduit to facilitate the sharing of such information2 and 7,f7 report to ,congress on the findings and recommendations of the task force regarding carrying out subparagraphs 7,a7 through 7,e74 7#b7 ,termination ,the task force established under this subsection shall terminate on the date that is #a year after the date of enactment of this ,act4 7#c7 ,dissemination ,not later than #fj days after the termination of the task force established under this subsection1 the ,secretary shall disseminate the information described in paragraph 7#a77;,d7 to health care industry stakeholders in accordance with such paragraph4 7#d7 ,rule of construction ,nothing in this subsection shall be construed to limit the antitrust exemption under section #ajd7;e7 or the protection from liability under section #ajf4 7e7 ,cybersecurity framework 7#a7 ,in general ,the ,secretary shall establish1 through a collaborative process with the ,secretary of ,homeland ,security1 health care industry stakeholders1 the ,national ,institute of ,standards and ,technology1 and any ,federal agency or entity the ,secretary determines appropriate1 a single1 voluntary1 national health-specific cybersecurity framework that-- 7,a7 establishes a common set of voluntary1 consensus-based1 and industry-led standards1 security practices1 guidelines1 methodologies1 procedures1 and processes that serve as a resource for cost-effectively reducing cybersecurity risks for a range of health care organizations2 7,b7 supports voluntary adoption and implementation efforts to improve safeguards to address cybersecurity threats2 7,c7 is consistent with the security and privacy regulations promulgated under section #bfd7;c7 of the ,health ,insurance ,portability and ,accountability ,act of #aiif 7#db ,u4,s4,c4 #acbj;d-#b note7 and with the ,health ,information ,technology for ,economic and ,clinical ,health ,act 7title ,,xiii of division ,a1 and title ,,iv of division ,b1 of ,public ,law #aaa-e71 and the amendments made by such ,act2 and 7,d7 is updated on a regular basis and applicable to the range of health care organizations described in subparagraph 7,a74 7#b7 ,limitation ,nothing in this subsection shall be interpreted as granting the ,secretary authority to-- 7,a7 provide for audits to ensure that health care organizations are in compliance with the voluntary framework under this subsection2 or 7,b7 mandate1 direct1 or condition the award of any ,federal grant1 contract1 or purchase on compliance with such voluntary framework4 7#c7 ,no liability for nonparticipation ,nothing in this title shall be construed to subject a health care organization to liability for choosing not to engage in the voluntary activities authorized under this subsection4 #djf4 ,federal computer security 7a7 ,definitions ,in this section3 7#a7 ,covered system ,the term covered system shall mean a national security system as defined in section #aaajc of title #dj1 ,united ,states ,code1 or a ,federal computer system that provides access to personally identifiable information4 7#b7 ,covered agency ,the term covered agency means an agency that operates a covered system4 7#c7 ,logical access control ,the term logical access control means a process of granting or denying specific requests to obtain and use information and related information processing services4 7#d7 ,multi-factor logical access controls ,the term multi-factor logical access controls means a set of not less than #b of the following logical access controls3 7,a7 ,information that is known to the user1 such as a password or personal identification number4 7,b7 ,an access device that is provided to the user1 such as a cryptographic identification device or token4 7,c7 ,a unique biometric characteristic of the user4 7#e7 ,privileged user ,the term privileged user means a user who1 by virtue of function or seniority1 has been allocated powers within a covered system1 which are significantly greater than those available to the majority of users4 7b7 ,inspector ,general reports on covered systems 7#a7 ,in general ,not later than #bdj days after the date of enactment of this ,act1 the ,inspector ,general of each covered agency shall submit to the appropriate committees of jurisdiction in the ,senate and the ,house of ,representatives a report1 which shall include information collected from the covered agency for the contents described in paragraph 7#b7 regarding the ,federal computer systems of the covered agency4 7#b7 ,contents ,the report submitted by each ,inspector ,general of a covered agency under paragraph 7#a7 shall include1 with respect to the covered agency1 the following3 7,a7 ,a description of the logical access standards used by the covered agency to access a covered system1 including-- 7i7 in aggregate1 a list and description of logical access controls used to access such a covered system2 and 7ii7 whether the covered agency is using multi-factor logical access controls to access such a covered system4 7,b7 ,a description of the logical access controls used by the covered agency to govern access to covered systems by privileged users4 7,c7 ,if the covered agency does not use logical access controls or multi-factor logical access controls to access a covered system1 a description of the reasons for not using such logical access controls or multi-factor logical access controls4 7,d7 ,a description of the following data security management practices used by the covered agency3 7i7 ,the policies and procedures followed to conduct inventories of the software present on the covered systems of the covered agency and the licenses associated with such software4 7ii7 ,what capabilities the covered agency utilizes to monitor and detect exfiltration and other threats1 including-- 7,i7 data loss prevention capabilities2 or 7,,ii7 digital rights management capabilities4 7iii7 ,a description of how the covered agency is using the capabilities described in clause 7ii74 7iv7 ,if the covered agency is not utilizing capabilities described in clause 7ii71 a description of the reasons for not utilizing such capabilities4 7,e7 ,a description of the policies and procedures of the covered agency with respect to ensuring that entities1 including contractors1 that provide services to the covered agency are implementing the data security management practices described in subparagraph 7,d74 7#c7 ,existing review ,the reports required under this subsection may be based in whole or in part on an audit1 evaluation1 or report relating to programs or practices of the covered agency1 and may be submitted as part of another report1 including the report required under section #ceee of title #dd1 ,united ,states ,code4 7#d7 ,classified information ,reports submitted under this subsection shall be in unclassified form1 but may include a classified annex4 #djg4 ,strategy to protect critical infrastructure at greatest risk 7a7 ,definitions ,in this section3 7#a7 ,appropriate agency ,the term appropriate agency means1 with respect to a covered entity-- 7,a7 except as provided in subparagraph 7,b71 the applicable sector-specific agency2 or 7,b7 in the case of a covered entity that is regulated by a ,federal entity1 such ,federal entity4 7#b7 ,appropriate agency head ,the term appropriate agency head means1 with respect to a covered entity1 the head of the appropriate agency4 7#c7 ,covered entity ,the term covered entity means an entity identified pursuant to section #i7;a7 of ,executive ,order #acfcf of ,february #ab1 #bjac 7#gh ,fed4 ,reg4 #aagdb71 relating to identification of critical infrastructure where a cybersecurity incident could reasonably result in catastrophic regional or national effects on public health or safety1 economic security1 or national security4 7#d7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,select ,committee on ,intelligence of the ,senate2 7,b7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 7,c7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,d7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,e7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7,f7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,g7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,department of ,homeland ,security4 7b7 ,status of existing cyber incident reporting 7#a7 ,in general ,no later than #abj days after the date of the enactment of this ,act1 the ,secretary1 in conjunction with the appropriate agency head 7as the case may be71 shall submit to the appropriate congressional committees describing the extent to which each covered entity reports significant intrusions of information systems essential to the operation of critical infrastructure to the ,department of ,homeland ,security or the appropriate agency head in a timely manner4 7#b7 ,form ,the report submitted under paragraph 7#a7 may include a classified annex4 7c7 ,mitigation strategy required for critical infrastructure at greatest risk 7#a7 ,in general ,no later than #ahj days after the date of the enactment of this ,act1 the ,secretary1 in conjunction with the appropriate agency head 7as the case may be71 shall conduct an assessment and develop a strategy that addresses each of the covered entities1 to ensure that1 to the greatest extent feasible1 a cyber security incident affecting such entity would no longer reasonably result in catastrophic regional or national effects on public health or safety1 economic security1 or national security4 7#b7 ,elements ,the strategy submitted by the ,secretary with respect to a covered entity shall include the following3 7,a7 ,an assessment of whether each entity should be required to report cyber security incidents4 7,b7 ,a description of any identified security gaps that must be addressed4 7,c7 ,additional statutory authority necessary to reduce the likelihood that a cyber incident could cause catastrophic regional or national effects on public health or safety1 economic security1 or national security4 7#c7 ,submittal ,the ,secretary shall submit to the appropriate congressional committees the assessment and strategy required by paragraph 7#a74 7#d7 ,form ,the assessment and strategy submitted under paragraph 7#c7 may each include a classified annex4 #djh4 ,stopping the fraudulent sale of financial information of people of the ,united ,states ,section #ajbi7;h7 of title #ah1 ,united ,states ,code1 is amended by striking title if-- and all that follows through therefrom4 and inserting title if the offense involves an access device issued1 owned1 managed1 or controlled by a financial institution1 account issuer1 credit card system member1 or other entity organized under the laws of the ,united ,states1 or any ,state1 the ,district of ,columbia1 or other ,territory of the ,united ,states44 #dji4 ,effective period 7a7 ,in general ,except as provided in subsection 7b71 this ,act and the amendments made by this ,act shall be in effect during the #aj-year period beginning on the date of the enactment of this ,act4 7b7 ,exception ,with respect to any action authorized by this ,act or information obtained pursuant to an action authorized by this ,act1 which occurred before the date on which the provisions referred to in subsection 7a7 cease to have effect1 the provisions of this ,act shall continue in effect4 ,passed the ,senate ,october #bg1 #bjae4,secretary