S.Amdt. 2626
What it does: Rewrites page 30, line 10 through page 31, line 21
Sen. Saxby Chambliss (R-GA)What it changes
1 change to S. 3414
Rewrites page 30, line 10 through page 31, line 21
ReplacesPrinted pageRemoves page 30, line 10 through page 31, line 21 of the printed bill. See that page
Inserted: (1) Liability.--
Inserted: (A) In general.--No cause of action shall lie or be maintained in any court against a certified owner for any cyber-related incident that has impacted, or may impact, the information security of an information system of such owner, if such owner has been found to be in compliance with applicable cybersecurity practices through an assessment under subsection (b).
Inserted: (B) Ongoing assessment.--No cause of action shall lie or be maintained in any court against an owner or operator for any cyber-related incident that has impacted, or may impact, the information security of an information system of such owner or operator, if such owner or operator is, in good faith, in the process of obtaining, disputing, or satisfying the findings of an assessment under subsection (b).
Inserted: (C) No liability for non-participation.--Nothing in this title shall be construed to subject any owner or operator for choosing not to engage in the voluntary activities authorized under this title.
Inserted: (D) Removal.--Any civil action arising from a cyber-related incident that has impacted, or may impact, the information security of an information system of an owner or operator engaged in the voluntary activities authorized under this title that is brought in a State court against any owner or operator shall be deemed to arise under the Constitution and laws of the United States and shall be removable under section 1441 of title 28, United States Code.
Original wording
Beginning on page 30, strike line 10, and all that follows through page 31, line 21, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2626. Mr. CHAMBLISS submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:
Beginning on page 30, strike line 10, and all that follows through page 31, line 21, and insert the following:
(1) Liability.--
(A) In general.--No cause of action shall lie or be maintained in any court against a certified owner for any cyber-related incident that has impacted, or may impact, the information security of an information system of such owner, if such owner has been found to be in compliance with applicable cybersecurity practices through an assessment under subsection (b).
(B) Ongoing assessment.--No cause of action shall lie or be maintained in any court against an owner or operator for any cyber-related incident that has impacted, or may impact, the information security of an information system of such owner or operator, if such owner or operator is, in good faith, in the process of obtaining, disputing, or satisfying the findings of an assessment under subsection (b).
(C) No liability for non-participation.--Nothing in this title shall be construed to subject any owner or operator for choosing not to engage in the voluntary activities authorized under this title.
(D) Removal.--Any civil action arising from a cyber-related incident that has impacted, or may impact, the information security of an information system of an owner or operator engaged in the voluntary activities authorized under this title that is brought in a State court against any owner or operator shall be deemed to arise under the Constitution and laws of the United States and shall be removable under section 1441 of title 28, United States Code.
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Senate amendment submitted
July 30, 2012