S.Amdt. 2721
What it does: Adds SEC. ___. PERFORMANCE OF CYBERSECURITY AUTHORITIES BY GOVERNMENT EMPLOYEES wherever appropriate
Sen. Claire McCaskill (D-MO)What it changes
1 change to S. 3414
Adds SEC. ___. PERFORMANCE OF CYBERSECURITY AUTHORITIES BY GOVERNMENT EMPLOYEES wherever appropriate
Adds a sectionInserted: SEC. ___. PERFORMANCE OF CYBERSECURITY AUTHORITIES BY GOVERNMENT EMPLOYEES.
Inserted: (a) Cybersecurity Functions.--Section 5(2) of the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note) is amended--
Inserted: (1) by redesignating subparagraph (C) as subparagraph (D); and
Inserted: (2) by inserting after subparagraph (B) the following:
Inserted: "(C) Cybersecurity functions included.--The term includes any authority provided to the Federal Government under title I, II, V, or VII, or an amendment made by title I, II, V, or VII, of the Cybersecurity Act of 2012 that is not explicitly authorized to be performed by a non-Federal individual or entity.".
Inserted: (b) Clarification of Prohibition on Contractors Performing Inherently Governmental Functions.--The Federal Activities Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note) is amended by inserting after section 2 the following:
Inserted: "SEC. 2A. PROHIBITION ON CONTRACTORS PERFORMING INHERENTLY GOVERNMENTAL FUNCTIONS.
Inserted: "The head of an executive agency or employee of an executive agency may not enter into a contract or any other agreement under which an individual or entity that is not an employee of the Federal Government performs an inherently governmental function.".
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2721. Mrs. McCASKILL submitted an amendment intended to be proposed by her 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 appropriate place, insert the following:
SEC. ___. PERFORMANCE OF CYBERSECURITY AUTHORITIES BY GOVERNMENT EMPLOYEES.
(a) Cybersecurity Functions.--Section 5(2) of the Federal Activities Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note) is amended--
(1) by redesignating subparagraph (C) as subparagraph (D); and
(2) by inserting after subparagraph (B) the following:
“(C) Cybersecurity functions included.--The term includes any authority provided to the Federal Government under title I, II, V, or VII, or an amendment made by title I, II, V, or VII, of the Cybersecurity Act of 2012 that is not explicitly authorized to be performed by a non-Federal individual or entity.”.
(b) Clarification of Prohibition on Contractors Performing Inherently Governmental Functions.--The Federal Activities Inventory Reform Act of 1998 (Public Law 105-270; 31 U.S.C. 501 note) is amended by inserting after section 2 the following:
“SEC. 2A. PROHIBITION ON CONTRACTORS PERFORMING INHERENTLY GOVERNMENTAL FUNCTIONS.
“The head of an executive agency or employee of an executive agency may not enter into a contract or any other agreement under which an individual or entity that is not an employee of the Federal Government performs an inherently governmental function.”.
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Senate amendment submitted
July 31, 2012