S.Amdt. 1793

SA 1793. Mr. DAINES (for himself and Mr. Whitehouse) submitted an amendment intended to be proposed by him to the bill S. 1260, to establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. STUDY RELATING TO CONSEQUENCES AND BENEFITS OF AMENDING THE CFAA.

(a) Study.--The Secretary of Homeland Security, in consultation with the heads of other appropriate agencies, shall conduct a study on the consequences and benefits of amending section 1030 of title 18, United States Code (commonly known as the “Computer Fraud and Abuse Act”), to allow private entities to take proportional actions in response to an unlawful network breach, subject to oversight and regulation by a designated Federal agency.

(b) Report.--

(1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report on the findings of the study conducted under subsection (a), including any recommendations, to Congress.

(2) Required contents.--The report required under paragraph (1) shall include recommendations for which Federal agency or agencies may authorize proportional actions by private entities, which entities would be allowed to take such actions and under what circumstances, and what actions would be permissible.