What it changes

1 change to S. 3414 · shown in the bill's text

Adds a section
  1. Adds SEC. 416. REPORT ON FEDERAL LAW ENFORCEMENT CYBERSECURITY AND CYBERCRIME RESOURCES at the end of title IV

    Adds a section

    In S. 3414 · Placed on Calendar Senate

    (4) any public actions commenced by the Commission relating to the enforcement of disclosure requirements pertaining to the information security risks and related events.

    Inserted: SEC. 416. REPORT ON FEDERAL LAW ENFORCEMENT CYBERSECURITY AND CYBERCRIME RESOURCES.

    Inserted: (a) Definitions.--In this section--

    Inserted: (1) the term "covered law enforcement agency" means each law enforcement component of--

    Inserted: (A) the Department of Justice; and

    Inserted: (B) the Department of Homeland Security; and

    Inserted: (2) the term "mission" means the portion of a cybersecurity mission that encompasses law enforcement and intelligence activities.

    Inserted: (b) Report.--

    Inserted: (1) In general.--The Attorney General shall enter into a contract with the National Research Council, or another federally funded research and development corporation, under which the National Research Council or other corporation shall submit to Congress a report on the current and optimal level and structure of cybersecurity and cybercrime resources of each covered law enforcement agency.

    Inserted: (2) Contents.--The report described in paragraph (1) shall--

    Inserted: (A) identify the elements of the mission of each covered law enforcement agency;

    Inserted: (B) describe the challenges involved in the mission of each covered law enforcement agency, including--

    Inserted: (i) any challenges in cybercrime prosecutions, such as the need for advanced forensics expertise and resources;

    Show 20 more inserted paragraphs

    Inserted: (ii) the complexity of relevant Federal laws, State laws, international laws, and treaty obligations of the United States;

    Inserted: (iii) the need to coordinate with members of the intelligence community;

    Inserted: (iv) the need to protect classified or sensitive information while abiding by relevant law regarding the disclosure of exculpatory evidence and other discoverable information to a criminal defendant; and

    Inserted: (v) any other challenges that the report may identify;

    Inserted: (C) identify the current resources brought to bear by each covered law enforcement agency in pursuing the mission of that agency, differentiating between--

    Inserted: (i)(I) personnel who focus exclusively on supporting the mission; and

    Inserted: (II) personnel who hold multiple or competing responsibilities;

    Inserted: (ii)(I) operational personnel; and

    Inserted: (II) personnel who hold primarily management, policy making, or support responsibilities;

    Inserted: (iii)(I) personnel working at headquarters; and

    Inserted: (II) personnel working in the field; and

    Inserted: (iv)(I) personnel with specialized training and duties relating to national cybersecurity; and

    Inserted: (II) personnel with general technical training;

    Inserted: (D) identify areas in which the level and structure of current resources is inadequate for any covered law enforcement agency to perform the mission of that agency;

    Inserted: (E) identify the optimal level of resources that would enable each covered law enforcement agency to perform the mission of that agency most effectively without unnecessary government waste;

    Inserted: (F) identify the optimal structure of the cybersecurity and cybercrime resources of each covered law enforcement agency, considering existing models within--

    Inserted: (i) the Department of Justice, including task forces and strike forces; and

    Inserted: (ii) agencies such as the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and

    Inserted: (G) evaluate the future or developing needs of each covered law enforcement agency, including the resources that the agency will need to perform the mission of that agency in the future.

    Inserted: (3) Timing.--The contract entered into under paragraph (1) shall require that the report described in this subsection be submitted not later than 1 year after the date of enactment of this Act.

    Original wording

    At the end of title IV, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2679. Mr. WHITEHOUSE (for himself and Ms. Mikulski) 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:

At the end of title IV, add the following:

SEC. 416. REPORT ON FEDERAL LAW ENFORCEMENT CYBERSECURITY AND CYBERCRIME RESOURCES.

(a) Definitions.--In this section--

(1) the term “covered law enforcement agency” means each law enforcement component of--

(A) the Department of Justice; and

(B) the Department of Homeland Security; and

(2) the term “mission” means the portion of a cybersecurity mission that encompasses law enforcement and intelligence activities.

(b) Report.--

(1) In general.--The Attorney General shall enter into a contract with the National Research Council, or another federally funded research and development corporation, under which the National Research Council or other corporation shall submit to Congress a report on the current and optimal level and structure of cybersecurity and cybercrime resources of each covered law enforcement agency.

(2) Contents.--The report described in paragraph (1) shall--

(A) identify the elements of the mission of each covered law enforcement agency;

(B) describe the challenges involved in the mission of each covered law enforcement agency, including--

(i) any challenges in cybercrime prosecutions, such as the need for advanced forensics expertise and resources;

(ii) the complexity of relevant Federal laws, State laws, international laws, and treaty obligations of the United States;

(iii) the need to coordinate with members of the intelligence community;

(iv) the need to protect classified or sensitive information while abiding by relevant law regarding the disclosure of exculpatory evidence and other discoverable information to a criminal defendant; and

(v) any other challenges that the report may identify;

(C) identify the current resources brought to bear by each covered law enforcement agency in pursuing the mission of that agency, differentiating between--

(i)(I) personnel who focus exclusively on supporting the mission; and

(II) personnel who hold multiple or competing responsibilities;

(ii)(I) operational personnel; and

(II) personnel who hold primarily management, policy making, or support responsibilities;

(iii)(I) personnel working at headquarters; and

(II) personnel working in the field; and

(iv)(I) personnel with specialized training and duties relating to national cybersecurity; and

(II) personnel with general technical training;

(D) identify areas in which the level and structure of current resources is inadequate for any covered law enforcement agency to perform the mission of that agency;

(E) identify the optimal level of resources that would enable each covered law enforcement agency to perform the mission of that agency most effectively without unnecessary government waste;

(F) identify the optimal structure of the cybersecurity and cybercrime resources of each covered law enforcement agency, considering existing models within--

(i) the Department of Justice, including task forces and strike forces; and

(ii) agencies such as the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and

(G) evaluate the future or developing needs of each covered law enforcement agency, including the resources that the agency will need to perform the mission of that agency in the future.

(3) Timing.--The contract entered into under paragraph (1) shall require that the report described in this subsection be submitted not later than 1 year after the date of enactment of this Act.

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Floor Latest Action

Senate amendment submitted

July 31, 2012