S.Amdt. 2762
What it does: 14 changes: strikes text in 3 places, inserts text in 6 places, replaces text in 5 places
Sen. Tim Johnson (D-SD)What it changes
14 changes to S. 3414
Change 1: Strikes “and”
Struck: and
Original wording
On page 11, line 12, strike “and”.
Change 2: Inserts new text on page 11, between lines 12 and 13
InsertsPrinted pageInserted: (7) the Department of the Treasury; and
Original wording
On page 11, between lines 12 and 13, insert the following:
Change 3: Replaces “(7)” with “(8)”
[struck: (7)][inserted: (8)]Original wording
On page 11, line 13, strike “(7)” and insert “(8)”.
Change 4: Inserts “or owner” after “the sector”
…the sector[inserted: or owner]…
Original wording
On page 12, line 12, insert “or owner” after “the sector”.
Change 5: Inserts new text on page 12, between lines 21 and 22
InsertsPrinted pageInserted: (h) Federal Reserve Banks.--For purposes of this title, the Federal agency with responsibility for regulating the security of critical cyber infrastructure of the Federal Reserve Banks is the Board of Governors of the Federal Reserve System.
Original wording
On page 12, between lines 21 and 22, insert the following:
Change 6: Replaces “or” through page 19, line 2 with new text
Struck: or …
Inserted: (C) a commercial item that organizes or communicates information electronically; or
Inserted: (D) critical infrastructure that is subject to the requirements under subchapter II of chapter 35 of title 44, United States Code, as amended by section 201 of this Act.
Original wording
On page 18, line 25, strike “or” and all that follows through page 19, line 2, and insert the following:
Change 7: Strikes “used or”
Struck: used or
Original wording
On page 51, line 12, strike “used or”.
Change 8: Inserts “, with the concurrence of the affected agency,” after “the Secretary”
…the Secretary[inserted: , with the concurrence of the affected agency,]…
Original wording
On page 55, line 22, insert “, with the concurrence of the affected agency,” after “the Secretary”.
Change 9: Rewrites page 58, line 18 through page 60, line 13
ReplacesPrinted pageRemoves page 58, line 18 through page 60, line 13 of the printed bill. See that page
Inserted: (B) Exception.--The authorities of the Secretary under this subsection shall not apply to--
Inserted: (i) a system described in paragraph (2), (3), or (4) of subsection (g); or
Inserted: (ii) a system used to carry out payment, fiscal agency, lending, or liquidity activities or Federal open market operations where the disruption of such system could reasonably result in catastrophic economic damage to the United States.
Inserted: (2) Procedures for use of authority.--The Secretary shall--
Inserted: (A) in coordination with the Director of the Office of Management and Budget and, as appropriate, in consultation with operators of information systems, establish procedures governing the circumstances under which a directive may be issued under this subsection, which shall include--
Inserted: (i) thresholds and other criteria;
Inserted: (ii) privacy and civil liberties protections; and
Inserted: (iii) providing notice to potentially affected third parties;
Inserted: (B) specify the reasons for the required action and the duration of the directive;
Inserted: (C) minimize the impact of directives under this subsection by--
Inserted: (i) adopting the least intrusive means possible under the circumstances to secure the agency information systems; and
Inserted: (ii) limiting directives to the shortest period practicable; and
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Inserted: (D) notify the Director of the Office of Management and Budget and head of any affected agency immediately upon the issuance of a directive under this subsection.
Inserted: (3) Imminent threats.--
Inserted: (A) In general.--If the Secretary determines that there is a substantial and imminent threat to agency information systems and, after consultation with the affected agency, determines that a directive under this subsection is not reasonably likely to result in a timely response to the threat, the Secretary may authorize the use of protective capabilities under the control of the Secretary for communications or other system traffic transiting to or from or stored on an agency information system. If prior consultation with the affected agency is not reasonably practicable under the circumstances, the Secretary may authorize the use of the protective capabilities without prior consultation with the affected agency for the purpose of ensuring the security of the information or information system or other agency information systems.
Original wording
On page 58, strike line 18 and all that follows through page 60, line 13, and insert the following:
Change 10: Inserts new text on page 61, between lines 4 and 5
InsertsPrinted pageInserted: (D) Critical infrastructure.--Notwithstanding subparagraph (A), if an agency identifies a system to the Secretary in writing as a system the disruption of which would cause grave damage to the economic infrastructure of the United States, including a system used to carry out payment, fiscal agency, lending, or liquidity activities or Federal open market operations, the Secretary may authorize the use of protective capabilities that affect the system only with the concurrence of the head of that agency.
Original wording
On page 61, between lines 4 and 5, insert the following:
Change 11: Replaces “(D)” with “(E)”
[struck: (D)][inserted: (E)]Original wording
On page 61, line 5, strike “(D)” and insert “(E)”.
Change 12: Inserts “and” after the semicolon
Inserted: and
Original wording
On page 156, line 3, insert “and” after the semicolon.
Change 13: Strikes page 156, lines 4–9
StrikesPrinted pageRemoves page 156, lines 4–9 of the printed bill. See that page
Original wording
On page 156, strike lines 4 through 9.
Change 14: Replaces “(4)” with “(3)”
[struck: (4)][inserted: (3)]Original wording
On page 156, line 10, strike “(4)” and insert “(3)”.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2762. Mr. JOHNSON of South Dakota 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:
On page 11, line 12, strike “and”.
On page 11, between lines 12 and 13, insert the following:
(7) the Department of the Treasury; and
On page 11, line 13, strike “(7)” and insert “(8)”.
On page 12, line 12, insert “or owner” after “the sector”.
On page 12, between lines 21 and 22, insert the following:
(h) Federal Reserve Banks.--For purposes of this title, the Federal agency with responsibility for regulating the security of critical cyber infrastructure of the Federal Reserve Banks is the Board of Governors of the Federal Reserve System.
On page 18, line 25, strike “or” and all that follows through page 19, line 2, and insert the following:
(C) a commercial item that organizes or communicates information electronically; or
(D) critical infrastructure that is subject to the requirements under subchapter II of chapter 35 of title 44, United States Code, as amended by section 201 of this Act.
On page 51, line 12, strike “used or”.
On page 55, line 22, insert “, with the concurrence of the affected agency,” after “the Secretary”.
On page 58, strike line 18 and all that follows through page 60, line 13, and insert the following:
“(B) Exception.--The authorities of the Secretary under this subsection shall not apply to--
“(i) a system described in paragraph (2), (3), or (4) of subsection (g); or
“(ii) a system used to carry out payment, fiscal agency, lending, or liquidity activities or Federal open market operations where the disruption of such system could reasonably result in catastrophic economic damage to the United States.
“(2) Procedures for use of authority.--The Secretary shall--
“(A) in coordination with the Director of the Office of Management and Budget and, as appropriate, in consultation with operators of information systems, establish procedures governing the circumstances under which a directive may be issued under this subsection, which shall include--
“(i) thresholds and other criteria;
“(ii) privacy and civil liberties protections; and
“(iii) providing notice to potentially affected third parties;
“(B) specify the reasons for the required action and the duration of the directive;
“(C) minimize the impact of directives under this subsection by--
“(i) adopting the least intrusive means possible under the circumstances to secure the agency information systems; and
“(ii) limiting directives to the shortest period practicable; and
“(D) notify the Director of the Office of Management and Budget and head of any affected agency immediately upon the issuance of a directive under this subsection.
“(3) Imminent threats.--
“(A) In general.--If the Secretary determines that there is a substantial and imminent threat to agency information systems and, after consultation with the affected agency, determines that a directive under this subsection is not reasonably likely to result in a timely response to the threat, the Secretary may authorize the use of protective capabilities under the control of the Secretary for communications or other system traffic transiting to or from or stored on an agency information system. If prior consultation with the affected agency is not reasonably practicable under the circumstances, the Secretary may authorize the use of the protective capabilities without prior consultation with the affected agency for the purpose of ensuring the security of the information or information system or other agency information systems.
On page 61, between lines 4 and 5, insert the following:
“(D) Critical infrastructure.--Notwithstanding subparagraph (A), if an agency identifies a system to the Secretary in writing as a system the disruption of which would cause grave damage to the economic infrastructure of the United States, including a system used to carry out payment, fiscal agency, lending, or liquidity activities or Federal open market operations, the Secretary may authorize the use of protective capabilities that affect the system only with the concurrence of the head of that agency.
On page 61, line 5, strike “(D)” and insert “(E)”.
On page 156, line 3, insert “and” after the semicolon.
On page 156, strike lines 4 through 9.
On page 156, line 10, strike “(4)” and insert “(3)”.
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Senate amendment submitted
August 1, 2012