S.Amdt. 2630Senate114th Congress (2015-2017)

S.Amdt. 2630

What it does: Adds SEC. ___. BIENNIAL CYBER REVIEW wherever appropriate
Submitted August 5, 2015

What it changes

1 change to S. 754

Adds a section
  1. Adds SEC. ___. BIENNIAL CYBER REVIEW wherever appropriate

    Adds a section

    Inserted: SEC. ___. BIENNIAL CYBER REVIEW.

    Inserted: (a) Requirement for Review.--Beginning in 2016 and not less frequently than once every two years thereafter, the President shall complete a review of the cyber posture of the United States, including an unclassified summary of roles, missions, accomplishments, plans, and programs.

    Inserted: (b) Purposes.--The purposes of each such review are--

    Inserted: (1) to assess the cyber security of the United States;

    Inserted: (2) to determine and express the cyber strategy of the United States; and

    Inserted: (3) to establish a revised cyber program for the next 2-year period.

    Inserted: (c) Content.--Each review required by subsection (a) shall include--

    Inserted: (1) a comprehensive examination of the cyber strategy, force structure, personnel, modernization plans, infrastructure, and budget plan of the United States;

    Inserted: (2) an assessment of the ability of the United States to recover from a cyber emergency;

    Inserted: (3) an assessment of other elements of the cyber program of the United States;

    Inserted: (4) an assessment of critical national security infrastructure and data that is vulnerable to cyberattacks and cybertheft; and

    Inserted: (5) an assessment of international engagement efforts to establish viable norms of behavior in cyberspace to implement the 2011 International Strategy for Cyberspace.

    Show 28 more inserted paragraphs

    Inserted: (d) Involvement of Cybersecurity Advisory Panel.--

    Inserted: (1) Requirement to inform.--The President shall inform the Cybersecurity Advisory Panel established or designated under section ___, on an ongoing basis, of the actions carried out to conduct each review required by subsection (a).

    Inserted: (2) Assessment prior to completion of review.--Not later than 1 year prior to the date of completion of each review required by subsection (a), the Chairman of the Cybersecurity Advisory Panel shall submit to the President, the assessment of such Panel of actions carried out to conduct the review as of the date of the submission, including any recommendations of the Panel for improvements to the review or for additional matters to be covered in the review.

    Inserted: (3) Assessment of completed review.--At the time each review required by subsection (a) is completed and in time to be included in a report required by subsection (d), the Chairman of the Cybersecurity Advisory Panel shall submit to the President, on behalf of the Panel, an assessment of such review.

    Inserted: (e) Report.--Not later than September 30, 2016, and not less frequently than once every two years thereafter, the President shall submit to Congress a comprehensive report on each review required by subsection (a). Each report shall include--

    Inserted: (1) the results of the review, including a comprehensive discussion of the cyber strategy of the United States and the collaboration between the public and private sectors best suited to implement that strategy;

    Inserted: (2) a description of the threats examined for purposes of the review and the scenarios developed in the examination of such threats;

    Inserted: (3) the assumptions used in the review, including assumptions relating to the cooperation of other countries and levels of acceptable risk; and

    Inserted: (4) the assessment of the Cybersecurity Advisory Panel submitted under subsection (c)(3).

    Inserted: SEC. ___. CYBERSECURITY ADVISORY PANEL.

    Inserted: (a) In General.--The President shall establish or designate a Cybersecurity Advisory Panel.

    Inserted: (b) Appointment.--The President--

    Inserted: (1) shall appoint as members of the Cybersecurity Advisory Panel representatives of industry, academic, nonprofit organizations, interest groups, and advocacy organizations, and State and local governments who are qualified to provide advice and information on cybersecurity research, development, demonstrations, education, personnel, technology transfer, commercial application, or societal and civil liberty concerns;

    Inserted: (2) shall appoint a Chairman of the Panel from among the members of the Panel; and

    Inserted: (3) may seek and give consideration to recommendations for appointments to the Panel from Congress, industry, the cybersecurity community, the defense community, State and local governments, and other appropriate organizations.

    Inserted: (c) Duties.--The Cybersecurity Advisory Panel shall advise the President on matters relating to the national cybersecurity program and strategy and shall assess--

    Inserted: (1) trends and developments in cybersecurity science research and development;

    Inserted: (2) progress made in implementing the strategy;

    Inserted: (3) the need to revise the strategy;

    Inserted: (4) the readiness and capacity of the Federal and national workforces to implement the national cybersecurity program and strategy, and the steps necessary to improve workforce readiness and capacity;

    Inserted: (5) the balance among the components of the national strategy, including funding for program components;

    Inserted: (6) whether the strategy, priorities, and goals are helping to maintain United States leadership and defense in cybersecurity;

    Inserted: (7) the management, coordination, implementation, and activities of the strategy;

    Inserted: (8) whether the concerns of Federal, State, and local law enforcement entities are adequately addressed; and

    Inserted: (9) whether societal and civil liberty concerns are adequately addressed.

    Inserted: (d) Reports.--Not less frequently than once every 4 years, the Cybersecurity Advisory Panel shall submit to the President a report on its assessments under subsection (c) and its recommendations for ways to improve the strategy.

    Inserted: (e) Travel Expenses of Non-Federal Members.--Non-Federal members of the Cybersecurity Advisory Panel, while attending meetings of the Panel or while otherwise serving at the request of the head of the Panel while away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government serving without pay. Nothing in this subsection shall be construed to prohibit members of the Panel who are officers or employees of the United States from being allowed travel expenses, including per diem in lieu of subsistence, in accordance with law.

    Inserted: (f) Exemption From FACA Sunset.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Cybersecurity Advisory Panel.

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 2630. Mr. GARDNER submitted an amendment intended to be proposed by him to the bill S. 754, to improve cybersecurity in the United States through enhanced sharing of information about cybersecurity threats, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. BIENNIAL CYBER REVIEW.

(a) Requirement for Review.--Beginning in 2016 and not less frequently than once every two years thereafter, the President shall complete a review of the cyber posture of the United States, including an unclassified summary of roles, missions, accomplishments, plans, and programs.

(b) Purposes.--The purposes of each such review are--

(1) to assess the cyber security of the United States;

(2) to determine and express the cyber strategy of the United States; and

(3) to establish a revised cyber program for the next 2-year period.

(c) Content.--Each review required by subsection (a) shall include--

(1) a comprehensive examination of the cyber strategy, force structure, personnel, modernization plans, infrastructure, and budget plan of the United States;

(2) an assessment of the ability of the United States to recover from a cyber emergency;

(3) an assessment of other elements of the cyber program of the United States;

(4) an assessment of critical national security infrastructure and data that is vulnerable to cyberattacks and cybertheft; and

(5) an assessment of international engagement efforts to establish viable norms of behavior in cyberspace to implement the 2011 International Strategy for Cyberspace.

(d) Involvement of Cybersecurity Advisory Panel.--

(1) Requirement to inform.--The President shall inform the Cybersecurity Advisory Panel established or designated under section ___, on an ongoing basis, of the actions carried out to conduct each review required by subsection (a).

(2) Assessment prior to completion of review.--Not later than 1 year prior to the date of completion of each review required by subsection (a), the Chairman of the Cybersecurity Advisory Panel shall submit to the President, the assessment of such Panel of actions carried out to conduct the review as of the date of the submission, including any recommendations of the Panel for improvements to the review or for additional matters to be covered in the review.

(3) Assessment of completed review.--At the time each review required by subsection (a) is completed and in time to be included in a report required by subsection (d), the Chairman of the Cybersecurity Advisory Panel shall submit to the President, on behalf of the Panel, an assessment of such review.

(e) Report.--Not later than September 30, 2016, and not less frequently than once every two years thereafter, the President shall submit to Congress a comprehensive report on each review required by subsection (a). Each report shall include--

(1) the results of the review, including a comprehensive discussion of the cyber strategy of the United States and the collaboration between the public and private sectors best suited to implement that strategy;

(2) a description of the threats examined for purposes of the review and the scenarios developed in the examination of such threats;

(3) the assumptions used in the review, including assumptions relating to the cooperation of other countries and levels of acceptable risk; and

(4) the assessment of the Cybersecurity Advisory Panel submitted under subsection (c)(3).

SEC. ___. CYBERSECURITY ADVISORY PANEL.

(a) In General.--The President shall establish or designate a Cybersecurity Advisory Panel.

(b) Appointment.--The President--

(1) shall appoint as members of the Cybersecurity Advisory Panel representatives of industry, academic, nonprofit organizations, interest groups, and advocacy organizations, and State and local governments who are qualified to provide advice and information on cybersecurity research, development, demonstrations, education, personnel, technology transfer, commercial application, or societal and civil liberty concerns;

(2) shall appoint a Chairman of the Panel from among the members of the Panel; and

(3) may seek and give consideration to recommendations for appointments to the Panel from Congress, industry, the cybersecurity community, the defense community, State and local governments, and other appropriate organizations.

(c) Duties.--The Cybersecurity Advisory Panel shall advise the President on matters relating to the national cybersecurity program and strategy and shall assess--

(1) trends and developments in cybersecurity science research and development;

(2) progress made in implementing the strategy;

(3) the need to revise the strategy;

(4) the readiness and capacity of the Federal and national workforces to implement the national cybersecurity program and strategy, and the steps necessary to improve workforce readiness and capacity;

(5) the balance among the components of the national strategy, including funding for program components;

(6) whether the strategy, priorities, and goals are helping to maintain United States leadership and defense in cybersecurity;

(7) the management, coordination, implementation, and activities of the strategy;

(8) whether the concerns of Federal, State, and local law enforcement entities are adequately addressed; and

(9) whether societal and civil liberty concerns are adequately addressed.

(d) Reports.--Not less frequently than once every 4 years, the Cybersecurity Advisory Panel shall submit to the President a report on its assessments under subsection (c) and its recommendations for ways to improve the strategy.

(e) Travel Expenses of Non-Federal Members.--Non-Federal members of the Cybersecurity Advisory Panel, while attending meetings of the Panel or while otherwise serving at the request of the head of the Panel while away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government serving without pay. Nothing in this subsection shall be construed to prohibit members of the Panel who are officers or employees of the United States from being allowed travel expenses, including per diem in lieu of subsistence, in accordance with law.

(f) Exemption From FACA Sunset.--Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Cybersecurity Advisory Panel.

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Senate amendment submitted

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Senate amendment submitted

August 5, 2015