S.Amdt. 820

SA 820. Mr. PETERS submitted an amendment intended to be proposed to
amendment SA 764 submitted by Mr. Inhofe and intended to be proposed to
the bill S. 1790, to authorize appropriations for fiscal year 2020 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PILOT PROGRAM TO IMPROVE PUBLIC-PRIVATE
CYBERSECURITY OPERATIONAL COLLABORATION.

(a) Definitions.--In this section--
(1) the term ``appropriate congressional committees and
leadership'' means--
(A) the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on the Judiciary, the
Committee on Armed Services, the Select Committee on
Intelligence, the Committee on Foreign Relations, the
majority leader, and the minority leader of the Senate; and
(B) the Committee on Homeland Security of the House of
Representatives, the Committee on the Judiciary, the
Committee on Armed Services, the Permanent Select Committee
on Intelligence, the Committee on Foreign Affairs, the
Speaker, and the minority leader of the House of
Representatives;
(2) the term ``appropriate Federal agencies'' means--
(A) the Department of Homeland Security; and
(B) any other agency, as determined by the Secretary;
(3) the term ``collaboration effort'' means an effort
undertaken by the appropriate Federal agencies and 1 or more
non-Federal entities under the pilot program in order to
carry out the purpose of the pilot program;
(4) the term ``critical infrastructure'' has the meaning
given that term in section 1016(e) of the USA PATRIOT Act (42
U.S.C. 5195c(e));
(5) the term ``cybersecurity provider'' means a non-Federal
entity that provides cybersecurity services to another non-
Federal entity;
(6) the term ``cybersecurity threat'' means a cybersecurity
threat, as defined in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501), that
affects--
(A) the national security of the United States; or
(B) critical infrastructure in the United States;
(7) the term ``malicious cyber actor'' means an entity that
poses a cybersecurity threat;
(8) the term ``non-Federal entity'' has the meaning given
the term in section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501); and
(9) the term ``Secretary'' means the Secretary of Homeland
Security.
(b) Establishment; Purpose.--Not later than 60 days after
the date of enactment of this Act, the Secretary, in
consultation with the heads of the appropriate Federal
agencies, may establish a pilot program under which the
appropriate Federal agencies, as coordinated and facilitated
by the Secretary, may identify and partner with cybersecurity
organizations capable of enabling information sharing of
cybersecurity threats among cybersecurity providers in order
to coordinate and magnify Federal and non-Federal efforts to
prevent or disrupt cybersecurity threats or malicious cyber
actors, by, as appropriate--
(1) sharing information relating to potential actions by
the Federal Government against cybersecurity threats or
malicious cyber actors with non-Federal entities; and
(2) facilitating coordination between the appropriate
Federal agencies and non-Federal entities relating to
cybersecurity threats or malicious cyber actors.

[[Page S4187]]

(c) Participation.--
(1) In general.--The heads of other Federal departments and
agencies may choose to participate in the pilot program on a
voluntary basis.
(2) Impact on other information sharing arrangements.--
Implementation of the pilot program shall not adversely
impact the operations of the Federal cyber security centers
or any other information sharing arrangements between a
Federal department or agency and a private sector entity
entered into before or after the date of enactment of this
Act.
(d) Federal Coordination.--The Secretary shall facilitate
all Federal coordination, planning, and action relating to
the pilot program.
(e) Annual Reports to Appropriate Congressional Committees
and Leadership.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and each year thereafter, the
Secretary shall submit to the appropriate congressional
committees and leadership a report on the collaboration
efforts carried out during the year for which the report is
submitted, which shall include--
(A) a statement of the total number collaboration efforts
carried out during the year;
(B) with respect to each collaboration effort carried out
during the year--
(i) a statement of--

(I) the identity of any malicious cyber actor that, as a
result of a cybersecurity threat that the malicious cyber
actor engaged in or was likely to engage in, was a subject of
the collaboration effort;
(II) the responsibilities under the collaboration effort of
each appropriate Federal agency and each non-Federal entity
that participated in the collaboration effort; and
(III) whether the goal of the collaboration effort was
achieved; and

(ii) a description of how each appropriate Federal agency
and each non-Federal entity that participated in the
collaboration effort collaborated in carrying out the
collaboration effort; and
(C) a description of--
(i) the ways in which the collaboration efforts carried out
during the year--

(I) were successful; and
(II) could have been improved; and

(ii) how the Secretary will improve collaboration efforts
carried out on or after the date on which the report is
submitted.
(2) Form.--Any report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(f) Termination.--The pilot program shall terminate on the
date that is 3 years after the date of enactment of this Act.
(g) Rule of Construction.--Nothing in this section shall be
construed to--
(1) authorize a non-Federal entity to engage in any
activity in violation of section 1030(a) of title 18, United
States Code; or
(2) limit an appropriate Federal agency or a non-Federal
entity from engaging in a lawful activity.
______