H.R. 4061House111th Congress (2009-2011)Passed House

Cybersecurity Enhancement Act of 2010

Introduced November 7, 2009

Legislative Activity

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SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

February 9, 2010

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HouseIntro Referral

Introduced in House

November 7, 2009

HouseIntro Referral

Referred to the House Committee on Science and Technology.

November 7, 2009

HouseCommittee

Committee Consideration and Mark-up Session Held.

November 18, 2009

HouseCommittee

Ordered to be Reported (Amended) by Voice Vote.

November 18, 2009

HouseCommittee

Reported (Amended) by the Committee on Science and Technology. H. Rept. 111-405.

January 27, 2010

HouseCalendars

Placed on the Union Calendar, Calendar No. 236.

January 27, 2010

HouseFloor

Rules Committee Resolution H. Res. 1051 Reported to House. Rule provides for consideration of H.R. 4061 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.

February 2, 2010 • 6:45 PM

HouseFloor

Rule H. Res. 1051 passed House.

February 3, 2010 • 12:27 PM

HouseFloor

Considered under the provisions of rule H. Res. 1051. (consideration: CR H495-524)

February 3, 2010 • 12:51 PM

HouseFloor

Rule provides for consideration of H.R. 4061 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.

February 3, 2010 • 12:51 PM

HouseFloor

House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 1051 and Rule XVIII.

February 3, 2010 • 12:52 PM

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The Speaker designated the Honorable Betty McCollum to act as Chairwoman of the Committee.

February 3, 2010 • 12:52 PM

HouseFloor

GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 4061.

February 3, 2010 • 12:52 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings (FL) amendment.

February 3, 2010 • 1:36 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Hastings (FL) amendment, the Chair put the question of adoption on the amendment and by voice vote announced that the ayes had prevailed. Mr. Hastings (FL) demanded a recorded vote and the Chair postponed further proceedings on the amendment until later in the legislative day.

February 3, 2010 • 1:43 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Gordon amendment.

February 3, 2010 • 1:44 PM

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DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Flake amendment.

February 3, 2010 • 1:46 PM

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POSTPONED PROCEEINGS - At the conclusion of debate on the Flake amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Gordon demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

February 3, 2010 • 1:54 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Matheson amendment.

February 3, 2010 • 1:55 PM

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DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Roskam amendment.

February 3, 2010 • 1:59 PM

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DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Edwards of Maryland amendment.

February 3, 2010 • 2:02 PM

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DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Paulsen amendment.

February 3, 2010 • 2:07 PM

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DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Dahlkemper amendment.

February 3, 2010 • 2:11 PM

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POSTPONED PROCEEDINGS - At the conclusion of debate on the Dahlkemper amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Ms. Dahlkemper demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

February 3, 2010 • 2:15 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Garamendi amendment.

February 3, 2010 • 2:16 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the McCarthy of New York amendment.

February 3, 2010 • 2:21 PM

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DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Loretta Sanchez amendment.

February 3, 2010 • 2:26 PM

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DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Langevin amendment.

February 3, 2010 • 2:29 PM

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DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Cuellar amendment.

February 3, 2010 • 2:40 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Cuellar amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Cuellar demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

February 3, 2010 • 2:45 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Shea-Porter amendment.

February 3, 2010 • 2:46 PM

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DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Clarke amendment.

February 3, 2010 • 2:51 PM

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DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Bright amendment.

February 3, 2010 • 2:58 PM

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DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Connolly amendment.

February 3, 2010 • 3:03 PM

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POSTPONED PROCEEDINGS - At the conclusion of debate on the Connolly amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Connolly demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

February 3, 2010 • 3:08 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Halvorson amendment.

February 3, 2010 • 3:09 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Halvorson amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Ms. Halvorson demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

February 3, 2010 • 3:15 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Kilroy amendment.

February 3, 2010 • 3:16 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Kilroy amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Ms. Kilroy demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

February 3, 2010 • 3:20 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Kissell amendment.

February 3, 2010 • 3:21 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Kissell amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Kissell demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

February 3, 2010 • 3:24 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Kratovil amendment.

February 3, 2010 • 3:25 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Lipinski amendment.

February 3, 2010 • 3:31 PM

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DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Owens amendment.

February 3, 2010 • 3:35 PM

HouseFloor

POSTPONED PROCEEDINGS - At the conclusion of debate on the Owens amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Mr. Owens demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.

February 3, 2010 • 3:37 PM

HouseFloor

DEBATE - Pursuant to the provisions of H.Res. 1051, the Committee of the Whole proceeded with 10 minutes of debate on the Heinrich amendment.

February 3, 2010 • 3:38 PM

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UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings had been postponed.

February 3, 2010 • 3:44 PM

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Mr. McGovern moved that the Committee rise.

February 3, 2010 • 4:46 PM

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On motion that the Committee rise Agreed to without objection.

February 3, 2010 • 4:46 PM

HouseFloor

Committee of the Whole House on the state of the Union rises leaving H.R. 4061 as unfinished business.

February 3, 2010 • 4:46 PM

HouseFloor

Considered as unfinished business. (consideration: CR H559-563)

February 4, 2010 • 10:15 AM

HouseFloor

The House resolved into Committee of the Whole House on the state of the Union for further consideration.

February 4, 2010 • 10:15 AM

HouseFloor

UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of amendments which had been debated earlier and on which further proceedings were postponed.

February 4, 2010 • 10:16 AM

HouseFloor

The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4061.

February 4, 2010 • 11:15 AM

HouseFloor

The previous question was ordered pursuant to the rule. (consideration: CR H562)

February 4, 2010 • 11:16 AM

HouseFloor

The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR 02/3/2010 H500-503)

February 4, 2010 • 11:16 AM

HouseFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 422 - 5 (Roll no. 43).

February 4, 2010 • 11:35 AM

HouseFloor

On passage Passed by the Yeas and Nays: 422 - 5 (Roll no. 43).

February 4, 2010 • 11:35 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

February 4, 2010 • 11:35 AM

HouseFloor

The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 4061.

February 4, 2010 • 11:35 AM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.

February 9, 2010

Floor Debate

24 members

What members said about H.R. 4061 on the floor

6 Republicans18 Democrats
Michael T. McCaul
Rep. Michael T. McCaulR-TX-10 · Feb 3, 2010

Madam Chair, I yield myself such time as I may consume. I rise in support of this bill. I want to thank Ranking Member Hall and I want to thank my good friends across the other side of the aisle,…

Michael A. Arcuri
Rep. Michael A. ArcuriD-NY-24 · Feb 3, 2010

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1051 and ask for its immediate consideration. Mr. Speaker, for purposes of debate only, I yield the customary 30…

Virginia Foxx
Rep. Virginia FoxxR-NC-5 · Feb 3, 2010

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank my colleague from New York for yielding time. I urge my colleagues to vote ``no'' on this structured rule that restricts…

Bart Gordon
Rep. Bart GordonD-TN-6 · Feb 3, 2010

Madam Chairman, I yield myself such time as I may consume. I would like to begin by thanking my colleagues, Dr. Lipinski, Dr. Ehlers, Mr. Wu, Mr. Smith and Mr. Hall for their contributions to the…

Erik Paulsen
Rep. Erik PaulsenR-MN-3 · Feb 3, 2010

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself as much time as I may consume. Mr. Chairman, I rise today to offer an amendment that would require that the cybersecurity…

Show 8 more
Daniel Lipinski
Rep. Daniel LipinskiD-IL-3 · Feb 3, 2010

Madam Chair, I would like to begin by thanking Chairman Gordon for all his work on this bill and on the cybersecurity issue in general. This is, as the chairman said, a good bipartisan bill. I also…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Feb 3, 2010

Madam Chair, I rise today in support of H.R. 4061, ``The Cybersecurity Enhancement Act of 2009,'' and I would like to thank my colleagues Representative Lipinski for introducing this measure, and…

James R. Langevin
Rep. James R. LangevinD-RI-2 · Feb 3, 2010

I thank the gentleman for yielding. Madam Chair, I rise today in strong support of the Cybersecurity Enhancement Act of 2009. I'd like to thank Chairman Lipinski and also Chairman Gordon for their…

Jack Kingston
Rep. Jack KingstonR-GA-1 · Feb 3, 2010

I thank the gentleman for yielding. Madam Chairman, when I first came to Congress in 1993, we had computers but we did not have Internet. In fact, if it wasn't for Al Gore maybe we still wouldn't…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Jan 27, 2010

I thank the gentleman for yielding. On Monday the House is not in session. On Tuesday the House will meet at 12:30 p.m. for morning-hour debate and 2 p.m. for legislative business, with votes…

David Wu
Rep. David WuD-OR-1 · Feb 3, 2010

Madam Chair, I rise today in strong support of H.R. 4061, which will improve our Nation's cybersecurity by supporting research, create usable technical standards, and promote cybersecurity education.…

Carol Shea-Porter
Rep. Carol Shea-PorterD-NH-1 · Feb 3, 2010

I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. I would like to thank Chairman Gordon for his hard work on this bill. As a member of the House Armed Services…

Jared Polis
Rep. Jared PolisD-CO-2 · Feb 3, 2010

Thank you, Chairman Gordon. Madam Chair, I rise today in support of the Polis amendment to H.R. 4061, the Cybersecurity Enhancement Act of 2009. We enjoyed working very closely with Chairman Gordon,…

Show 11 more
Alcee L. Hastings
Rep. Alcee L. HastingsD-FL-23 · Feb 3, 2010

Madam Chair, I have an amendment at the desk. First, let me thank Bart Gordon and this committee for the extraordinary work that they have done. And even though all of us are going to get an…

Loretta Sanchez
Rep. Loretta SanchezD-CA-47 · Feb 3, 2010

Mr. Chairman, as the designee of Mr. Smith from Washington, I rise to offer the amendment. I yield myself as much time as I may consume. I rise in support of this amendment, which I am pleased to…

Bobby Bright
Rep. Bobby BrightD-AL-2 · Feb 3, 2010

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise today in support of my amendment to the Cybersecurity Enhancement Act,…

Henry Cuellar
Rep. Henry CuellarD-TX-28 · Feb 3, 2010

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. First of all, Mr. Chairman, I want to rise in support of this particular amendment of the…

Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · Feb 3, 2010

Mr. Chairman, I have an amendment at the desk. I thank the Chair, and I yield myself such time as I may consume. First of all, let me thank, Mr. Chairman, the leadership of Chairman Gordon and…

Donna F. Edwards
Rep. Donna F. EdwardsD-MD-4 · Feb 3, 2010

Madam Chairman, I have an amendment at the desk. Madam Chairman, I want to take this moment to thank Chairman Gordon and Ranking Member Hall and Representative Lipinski for their hard work on this…

Ben Ray Luján
Rep. Ben Ray LujánD-NM-3 · Feb 3, 2010

Mr. Speaker, I speak today in support of H.R. 4061, the Cybersecurity Enhancement Act of 2009. I am a proud cosponsor of this bill, and I commend Congressman Lipinski for his work on this…

Jeff Flake
Rep. Jeff FlakeR-AZ-6 · Feb 3, 2010

Madam Chair, I have an amendment at the desk, designated as No. 3 under the rule. Madam Chair, this amendment, I hope, is noncontroversial in nature. Section 105 of the bill would authorize…

Deborah L. Halvorson
Rep. Deborah L. HalvorsonD-IL-11 · Feb 3, 2010

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself as much time as I may consume. I rise to urge my colleagues to support my amendment to H.R. 4061, the Cybersecurity…

Eric Cantor
Rep. Eric CantorR-VA-7 · Jan 27, 2010

Mr. Speaker, I yield to the gentleman from Maryland, the majority leader, for the purpose of announcing next week's schedule. I thank the gentleman. Mr. Speaker, as this is the scheduling colloquy,…

Carolyn McCarthy
Rep. Carolyn McCarthyD-NY-4 · Feb 3, 2010

I have an amendment at the desk. I'd like to thank Chairman Gordon and Ranking Member Hall for bringing forward this important bill. The images of growth and the Internet over the years has brought,…

Bill Text

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Referred in SenateIssued February 9, 2010

IIB

111th CONGRESS

2d Session

H. R. 4061

IN THE SENATE OF THE UNITED STATES

February 9 (legislative day, February 8), 2010

Received; read twice and referred to the Committee on Commerce, Science, and Transportation

AN ACT

To advance cybersecurity research, development, and technical standards, and for other purposes.

1.

Short title

This Act may be cited as the Cybersecurity Enhancement Act of 2010.

I

Research and Development

101.

Definitions

In this title:

(1)

National coordination office

The term National Coordination Office means the National Coordination Office for the Networking and Information Technology Research and Development program.

(2)

Program

The term Program means the Networking and Information Technology Research and Development program which has been established under section 101 of the High-Performance Computing Act of 1991 (15 U.S.C. 5511).

102.

Findings

Section 2 of the Cyber Security Research and Development Act (15 U.S.C. 7401) is amended—

(1)

by amending paragraph (1) to read as follows:

(1)

Advancements in information and communications technology have resulted in a globally interconnected network of government, commercial, scientific, and education infrastructures, including critical infrastructures for electric power, natural gas and petroleum production and distribution, telecommunications, transportation, water supply, banking and finance, and emergency and government services.

;

(2)

in paragraph (2), by striking Exponential increases in interconnectivity have facilitated enhanced communications, economic growth, and inserting These advancements have significantly contributed to the growth of the United States economy;

(3)

by amending paragraph (3) to read as follows:

(3)

The Cyberspace Policy Review published by the President in May, 2009, concluded that our information technology and communications infrastructure is vulnerable and has suffered intrusions that have allowed criminals to steal hundreds of millions of dollars and nation-states and other entities to steal intellectual property and sensitive military information.

;

(4)

by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively;

(5)

by inserting after paragraph (3) the following new paragraph:

(4)

In a series of hearings held before Congress in 2009, experts testified that the Federal cybersecurity research and development portfolio was too focused on short-term, incremental research and that it lacked the prioritization and coordination necessary to address the long-term challenge of ensuring a secure and reliable information technology and communications infrastructure.

; and

(6)

by amending paragraph (7), as so redesignated by paragraph (4) of this section, to read as follows:

(7)

While African-Americans, Hispanics, and Native Americans constitute 33 percent of the college-age population, members of these minorities comprise less than 20 percent of bachelor degree recipients in the field of computer sciences.

.

103.

Cybersecurity strategic research and development plan

(a)

In general

Not later than 12 months after the date of enactment of this Act, the agencies identified in subsection 101(a)(3)(B)(i) through (x) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(a)(3)(B)(i) through (x)) or designated under section 101(a)(3)(B)(xi) of such Act, working through the National Science and Technology Council and with the assistance of the National Coordination Office, shall transmit to Congress a strategic plan based on an assessment of cybersecurity risk to guide the overall direction of Federal cybersecurity and information assurance research and development for information technology and networking systems. Once every 3 years after the initial strategic plan is transmitted to Congress under this section, such agencies shall prepare and transmit to Congress an update of such plan.

(b)

Contents of plan

The strategic plan required under subsection (a) shall—

(1)

specify and prioritize near-term, mid-term and long-term research objectives, including objectives associated with the research areas identified in section 4(a)(1) of the Cyber Security Research and Development Act (15 U.S.C. 7403(a)(1)) and how the near-term objectives complement research and development areas in which the private sector is actively engaged;

(2)

describe how the Program will focus on innovative, transformational technologies with the potential to enhance the security, reliability, resilience, and trustworthiness of the digital infrastructure, including technologies to secure sensitive information shared among Federal agencies;

(3)

describe how the Program will foster the transfer of research and development results into new cybersecurity technologies and applications for the benefit of society and the national interest, including through the dissemination of best practices and other outreach activities;

(4)

describe how the Program will establish and maintain a national research infrastructure for creating, testing, and evaluating the next generation of secure networking and information technology systems;

(5)

describe how the Program will facilitate access by academic researchers to the infrastructure described in paragraph (4), as well as to relevant data, including event data representing realistic threats and vulnerabilities;

(6)

describe how the Program will engage females and individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) to foster a more diverse workforce in this area;

(7)

outline how the United States can work strategically with our international partners on cybersecurity research and development issues where appropriate; and

(8)

describe how the Program will strengthen all levels of cybersecurity education and training programs to ensure an adequate, well-trained workforce.

(c)

Development of roadmap

The agencies described in subsection (a) shall develop and annually update an implementation roadmap for the strategic plan required in this section. Such roadmap shall—

(1)

specify the role of each Federal agency in carrying out or sponsoring research and development to meet the research objectives of the strategic plan, including a description of how progress toward the research objectives will be evaluated;

(2)

specify the funding allocated to each major research objective of the strategic plan and the source of funding by agency for the current fiscal year; and

(3)

estimate the funding required for each major research objective of the strategic plan for the following 3 fiscal years.

(d)

Recommendations

In developing and updating the strategic plan under subsection (a), the agencies involved shall solicit recommendations and advice from—

(1)

the advisory committee established under section 101(b)(1) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(b)(1)); and

(2)

a wide range of stakeholders, including industry, academia, including representatives of minority serving institutions and community colleges, National Laboratories, and other relevant organizations and institutions.

(e)

Appending to report

The implementation roadmap required under subsection (c), and its annual updates, shall be appended to the report required under section 101(a)(2)(D) of the High-Performance Computing Act of 1991 (15 U.S.C. 5511(a)(2)(D)).

104.

Social and behavioral research in cybersecurity

Section 4(a)(1) of the Cyber Security Research and Development Act (15 U.S.C. 7403(a)(1)) is amended—

(1)

by inserting and usability after to the structure;

(2)

in subparagraph (H), by striking and after the semicolon;

(3)

in subparagraph (I), by striking the period at the end and inserting ; and; and

(4)

by adding at the end the following new subparagraph:

(J)

social and behavioral factors, including human-computer interactions, usability, user motivations, and organizational cultures.

.

105.

National Science Foundation cybersecurity research and development programs

(a)

Computer and network security research areas

Section 4(a)(1) of the Cyber Security Research and Development Act (15 U.S.C. 7403(a)(1)) is amended—

(1)

in subparagraph (A) by inserting identity management, after cryptography,; and

(2)

by amending subparagraph (I) to read as follows:

(I)

enhancement of the ability of law enforcement to detect, investigate, and prosecute cyber-crimes, including crimes that involve piracy of intellectual property, crimes against children, and organized crime.

.

(b)

Computer and network security research grants

Section 4(a)(3) of such Act (15 U.S.C. 7403(a)(3)) is amended by striking subparagraphs (A) through (E) and inserting the following new subparagraphs:

(A)

$68,700,000 for fiscal year 2010;

(B)

$73,500,000 for fiscal year 2011;

(C)

$78,600,000 for fiscal year 2012;

(D)

$84,200,000 for fiscal year 2013; and

(E)

$90,000,000 for fiscal year 2014.

.

(c)

Computer and network security research centers

Section 4(b) of such Act (15 U.S.C. 7403(b)) is amended—

(1)

in paragraph (4)—

(A)

in subparagraph (C), by striking and after the semicolon;

(B)

in subparagraph (D), by striking the period and inserting ; and; and

(C)

by adding at the end the following new subparagraph:

(E)

how the center will partner with government laboratories, for-profit entities, other institutions of higher education, or nonprofit research institutions.

; and

(2)

by amending paragraph (7) to read as follows:

(7)

Authorization of appropriations

There are authorized to be appropriated to the National Science Foundation such sums as are necessary to carry out this subsection for each of the fiscal years 2010 through 2014.

.

(d)

Computer and network security capacity building grants

Section 5(a) of such Act (15 U.S.C. 7404(a)) is amended—

(1)

in paragraph (3)(A), by inserting , including curriculum on the principles and techniques of designing secure software after network security; and

(2)

by amending paragraph (6) to read as follows:

(6)

Authorization of appropriations

There are authorized to be appropriated to the National Science Foundation such sums as are necessary to carry out this subsection for each of the fiscal years 2010 through 2014.

.

(e)

Scientific and advanced technology act grants

Section 5(b)(2) of such Act (15 U.S.C. 7404(b)(2)) is amended to read as follows:

(2)

Authorization of appropriations

There are authorized to be appropriated to the National Science Foundation such sums as are necessary to carry out this subsection for each of the fiscal years 2010 through 2014.

.

(f)

Graduate traineeships in computer and network security

Section 5(c)(7) of such Act (15 U.S.C. 7404(c)(7)) is amended to read as follows:

(7)

Authorization of appropriations

There are authorized to be appropriated to the National Science Foundation such sums as are necessary to carry out this subsection for each of the fiscal years 2010 through 2014.

.

(g)

Postdoctoral research fellowships in cybersecurity

Section 5(e) of such Act (15 U.S.C. 7404(e)) is amended to read as follows:

(e)

Postdoctoral research fellowships in cybersecurity

(1)

In general

The Director shall carry out a program to encourage young scientists and engineers to conduct postdoctoral research in the fields of cybersecurity and information assurance, including the research areas described in section 4(a)(1), through the award of competitive, merit-based fellowships.

(2)

Authorization of appropriations

There are authorized to be appropriated to the National Science Foundation such sums as are necessary to carry out this subsection for each of the fiscal years 2010 through 2014.

.

(h)

Prohibition on earmarks

None of the funds appropriated under this section, and the amendments made by this section may be used for a Congressional earmark as defined in clause 9(d) of rule XXI of the Rules of the House of Representatives.

(i)

Computer and network security capacity building grants—Manufacturing Extension Partnership

Section 5(a)(3) of the Cyber Security Research and Development Act (15 U.S.C. 7404(a)(3)) is amended—

(1)

by striking and at the end of subparagraph (I);

(2)

by redesignating subparagraph (J) as subparagraph (K); and

(3)

by inserting after subparagraph (I) the following new subparagraph:

(J)

establishing or enhancing collaboration in computer and network security between community colleges, universities, and Manufacturing Extension Partnership Centers; and

.

106.

Federal cyber scholarship for service program

(a)

In general

The Director of the National Science Foundation shall carry out a Scholarship for Service program to recruit and train the next generation of Federal cybersecurity professionals and to increase the capacity of the higher education system to produce an information technology workforce with the skills necessary to enhance the security of the Nation’s communications and information infrastructure.

(b)

Characteristics of program

The program under this section shall—

(1)

provide, through qualified institutions of higher education, scholarships that provide tuition, fees, and a competitive stipend for up to 2 years to students pursing a bachelor’s or master’s degree and up to 3 years to students pursuing a doctoral degree in a cybersecurity field;

(2)

provide the scholarship recipients with summer internship opportunities or other meaningful temporary appointments in the Federal information technology workforce or, at the discretion of the Director, with appropriate private sector entities; and

(3)

increase the capacity of institutions of higher education throughout all regions of the United States to produce highly qualified cybersecurity professionals, through the award of competitive, merit-reviewed grants that support such activities as—

(A)

faculty professional development, including technical, hands-on experiences in the private sector or government, workshops, seminars, conferences, and other professional development opportunities that will result in improved instructional capabilities;

(B)

institutional partnerships, including minority serving institutions and community colleges;

(C)

development of cybersecurity-related courses and curricula; and

(D)

outreach to secondary schools and 2-year institutions to increase the interest and recruitment of students into cybersecurity-related fields.

(c)

Scholarship requirements

(1)

Eligibility

Scholarships under this section shall be available only to students who—

(A)

are citizens or permanent residents of the United States;

(B)

are full-time students in an eligible degree program, as determined by the Director, that is focused on computer security or information assurance at an awardee institution; and

(C)

accept the terms of a scholarship pursuant to this section.

(2)

Selection

Individuals shall be selected to receive scholarships primarily on the basis of academic merit, with consideration given to financial need, to the goal of promoting the participation of individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b), and to veterans. For purposes of this paragraph, the term veteran means a person who—

(A)

served on active duty (other than active duty for training) in the Armed Forces of the United States for a period of more than 180 consecutive days, and who was discharged or released therefrom under conditions other than dishonorable; or

(B)

served on active duty (other than active duty for training) in the Armed Forces of the United States and was discharged or released from such service for a service-connected disability before serving 180 consecutive days.

For purposes of subparagraph (B), the term service-connected has the meaning given such term under section 101 of title 38, United States Code.
(3)

Service obligation

If an individual receives a scholarship under this section, as a condition of receiving such scholarship, the individual upon completion of their degree must serve as a cybersecurity professional within the Federal workforce for a period of time as provided in paragraph (5). If a scholarship recipient is not offered employment by a Federal agency or a federally funded research and development center, the service requirement can be satisfied at the Director’s discretion by—

(A)

serving as a cybersecurity professional in a State, local, or tribal government agency; or

(B)

teaching cybersecurity courses at an institution of higher education.

(4)

Conditions of support

As a condition of acceptance of a scholarship under this section, a recipient shall agree to provide the awardee institution with annual verifiable documentation of employment and up-to-date contact information.

(5)

Length of service

The length of service required in exchange for a scholarship under this subsection shall be as follows:

(A)

For a recipient in a bachelor’s degree program, 1 year more than the number of years for which the scholarship was received.

(B)

For a recipient in a master’s degree program, 2 years more than the number of years for which the scholarship was received.

(C)

For a recipient in a doctorate degree program, 3 years more than the number of years for which the scholarship was received.

(d)

Failure to complete service obligation

(1)

General rule

If an individual who has received a scholarship under this section—

(A)

fails to maintain an acceptable level of academic standing in the educational institution in which the individual is enrolled, as determined by the Director;

(B)

is dismissed from such educational institution for disciplinary reasons;

(C)

withdraws from the program for which the award was made before the completion of such program;

(D)

declares that the individual does not intend to fulfill the service obligation under this section; or

(E)

fails to fulfill the service obligation of the individual under this section,

such individual shall be liable to the United States as provided in paragraph (3).
(2)

Monitoring compliance

As a condition of participating in the program, a qualified institution of higher education receiving a grant under this section shall—

(A)

enter into an agreement with the Director of the National Science Foundation to monitor the compliance of scholarship recipients with respect to their service obligation; and

(B)

provide to the Director, on an annual basis, post-award employment information required under subsection (c)(4) for scholarship recipients through the completion of their service obligation.

(3)

Amount of repayment

(A)

Less than one year of service

If a circumstance described in paragraph (1) occurs before the completion of 1 year of a service obligation under this section, the total amount of awards received by the individual under this section shall be repaid or such amount shall be treated as a loan to be repaid in accordance with subparagraph (C).

(B)

More than one year of service

If a circumstance described in subparagraph (D) or (E) of paragraph (1) occurs after the completion of 1 year of a service obligation under this section, the total amount of scholarship awards received by the individual under this section, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall be repaid or such amount shall be treated as a loan to be repaid in accordance with subparagraph (C).

(C)

Repayments

A loan described in subparagraph (A) or (B) shall be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a and following), and shall be subject to repayment, together with interest thereon accruing from the date of the scholarship award, in accordance with terms and conditions specified by the Director (in consultation with the Secretary of Education) in regulations promulgated to carry out this paragraph.

(4)

Collection of repayment

(A)

In general

In the event that a scholarship recipient is required to repay the scholarship under this subsection, the institution providing the scholarship shall—

(i)

be responsible for determining the repayment amounts and for notifying the recipient and the Director of the amount owed; and

(ii)

collect such repayment amount within a period of time as determined under the agreement described in paragraph (2), or the repayment amount shall be treated as a loan in accordance with paragraph (3)(C).

(B)

Returned to treasury

Except as provided in subparagraph (C) of this paragraph, any such repayment shall be returned to the Treasury of the United States.

(C)

Retain percentage

An institution of higher education may retain a percentage of any repayment the institution collects under this paragraph to defray administrative costs associated with the collection. The Director shall establish a single, fixed percentage that will apply to all eligible entities.

(5)

Exceptions

The Director may provide for the partial or total waiver or suspension of any service or payment obligation by an individual under this section whenever compliance by the individual with the obligation is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be unconscionable.

(e)

Hiring authority

For purposes of any law or regulation governing the appointment of individuals in the Federal civil service, upon successful completion of their degree, students receiving a scholarship under this section shall be hired under the authority provided for in section 213.3102(r) of title 5, Code of Federal Regulations, and be exempted from competitive service. Upon fulfillment of the service term, such individuals shall be converted to a competitive service position without competition if the individual meets the requirements for that position.

(f)

Authorization of appropriations

There are authorized to appropriated to the National Science Foundation to carry out this section—

(1)

$18,700,000 for fiscal year 2010;

(2)

$20,100,000 for fiscal year 2011;

(3)

$21,600,000 for fiscal year 2012;

(4)

$23,300,000 for fiscal year 2013; and

(5)

$25,000,000 for fiscal year 2014.

107.

Cybersecurity workforce assessment

Not later than 180 days after the date of enactment of this Act the President shall transmit to the Congress a report addressing the cybersecurity workforce needs of the Federal Government. The report shall include—

(1)

an examination of the current state of and the projected needs of the Federal cybersecurity workforce, including a comparison of the different agencies and departments, the extent to which different agencies and departments rely on contractors to support the Federal cybersecurity workforce, and an analysis of the capacity of such agencies and departments to meet those needs;

(2)

an analysis of the sources and availability of cybersecurity talent, a comparison of the skills and expertise sought by the Federal Government and the private sector, an examination of the current and future capacity of United States institutions of higher education, including community colleges, to provide cybersecurity professionals with those skills sought by the Federal Government and the private sector, and a description of how successful programs are engaging the talents of women and African-Americans, Hispanics, and Native Americans in the cybersecurity workforce;

(3)

an examination of the effectiveness of the National Centers of Academic Excellence in Information Assurance Education, the Centers of Academic Excellence in Research, and the Federal Cyber Scholarship for Service programs in promoting higher education and research in cybersecurity and information assurance and in producing a growing number of professionals with the necessary cybersecurity and information assurance expertise;

(4)

an analysis of any barriers to the Federal Government recruiting and hiring cybersecurity talent, including barriers relating to compensation, the hiring process, job classification, job security clearance and suitability requirements, and hiring flexibilities;

(5)

a specific analysis of the capacity of the agency workforce to manage contractors who are performing cybersecurity work on behalf of the Federal Government; and

(6)

recommendations for Federal policies to ensure an adequate, well-trained Federal cybersecurity workforce, including recommendations on the temporary assignment of private sector cybersecurity professionals to Federal agencies.

108.

Cybersecurity university-industry task force

(a)

Establishment of university-Industry task force

Not later than 180 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall convene a task force to explore mechanisms for carrying out collaborative research and development activities for cybersecurity through a consortium or other appropriate entity with participants from institutions of higher education and industry.

(b)

Functions

The task force shall—

(1)

develop options for a collaborative model and an organizational structure for such entity under which the joint research and development activities could be planned, managed, and conducted effectively, including mechanisms for the allocation of resources among the participants in such entity for support of such activities;

(2)

propose a process for developing a research and development agenda for such entity, including guidelines to ensure an appropriate scope of work focused on nationally significant challenges and requiring collaboration;

(3)

define the roles and responsibilities for the participants from institutions of higher education and industry in such entity;

(4)

propose guidelines for assigning intellectual property rights, for the transfer of research and development results to the private sector, and for the sharing of lessons learned on the effectiveness of new technologies from the private sector with the public sector; and

(5)

make recommendations for how such entity could be funded from Federal, State, and nongovernmental sources.

(c)

Composition

In establishing the task force under subsection (a), the Director of the Office of Science and Technology Policy shall appoint an equal number of individuals from institutions of higher education, including community colleges, and from industry with knowledge and expertise in cybersecurity, and shall include representatives from minority-serving institutions.

(d)

Report

Not later than 12 months after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall transmit to the Congress a report describing the findings and recommendations of the task force.

109.

Cybersecurity checklist development and dissemination

Section 8(c) of the Cyber Security Research and Development Act (15 U.S.C. 7406(c)) is amended to read as follows:

(c)

Checklists for government systems

(1)

In general

The Director of the National Institute of Standards and Technology shall develop or identify and revise or adapt as necessary, checklists, configuration profiles, and deployment recommendations for products and protocols that minimize the security risks associated with each computer hardware or software system that is, or is likely to become, widely used within the Federal Government.

(2)

Priorities for development

The Director of the National Institute of Standards and Technology shall establish priorities for the development of checklists under this subsection. Such priorities may be based on the security risks associated with the use of each system, the number of agencies that use a particular system, the usefulness of the checklist to Federal agencies that are users or potential users of the system, or such other factors as the Director determines to be appropriate.

(3)

Excluded systems

The Director of the National Institute of Standards and Technology may exclude from the requirements of paragraph (1) any computer hardware or software system for which the Director determines that the development of a checklist is inappropriate because of the infrequency of use of the system, the obsolescence of the system, or the inutility or impracticability of developing a checklist for the system.

(4)

Automation specifications

The Director of the National Institute of Standards and Technology shall develop automated security specifications (such as the Security Content Automation Protocol) with respect to checklist content and associated security related data.

(5)

Dissemination of checklists

The Director of the National Institute of Standards and Technology shall ensure that Federal agencies are informed of the availability of any product developed or identified under the National Checklist Program for any information system, including the Security Content Automation Protocol and other automated security specifications.

(6)

Agency use requirements

The development of a checklist under paragraph (1) for a computer hardware or software system does not—

(A)

require any Federal agency to select the specific settings or options recommended by the checklist for the system;

(B)

establish conditions or prerequisites for Federal agency procurement or deployment of any such system;

(C)

imply an endorsement of any such system by the Director of the National Institute of Standards and Technology; or

(D)

preclude any Federal agency from procuring or deploying other computer hardware or software systems for which no such checklist has been developed or identified under paragraph (1).

.

110.

National Institute of Standards and Technology cybersecurity research and development

Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3) is amended by redesignating subsection (e) as subsection (f), and by inserting after subsection (d) the following:

(e)

Intramural security research

As part of the research activities conducted in accordance with subsection (d)(3), the Institute shall—

(1)

conduct a research program to develop a unifying and standardized identity, privilege, and access control management framework for the execution of a wide variety of resource protection policies and that is amenable to implementation within a wide variety of existing and emerging computing environments;

(2)

carry out research associated with improving the security of information systems and networks;

(3)

carry out research associated with improving the testing, measurement, usability, and assurance of information systems and networks; and

(4)

carry out research associated with improving security of industrial control systems.

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111.

National Academy of Sciences study on the role of community colleges in cybersecurity education

Not later than 120 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy, in consultation with the Director of the National Coordination Office, shall enter into a contract with the National Academy of Sciences to conduct and complete a study to describe the role of community colleges in cybersecurity education and to identify exemplary practices and partnerships related to cybersecurity education between community colleges and 4-year educational institutions.

112.

National Center of Excellence for Cybersecurity

(a)

In general

As part of the Program, the Director of the National Science Foundation shall, in coordination with other Federal agencies participating in the Program, establish a National Center of Excellence for Cybersecurity.

(b)

Merit review

The National Center of Excellence for Cybersecurity shall be awarded on a merit-reviewed, competitive basis.

(c)

Activities supported

The National Center of Excellence for Cybersecurity shall—

(1)

involve institutions of higher education or national laboratories and other partners, which may include States and industry;

(2)

make use of existing expertise in cybersecurity;

(3)

interact and collaborate with Computer and Network Security Research Centers to foster the exchange of technical information and best practices;

(4)

perform research to support the development of technologies for testing hardware and software products to validate operational readiness and certify stated security levels;

(5)

coordinate cybersecurity education and training opportunities nationally;

(6)

enhance technology transfer and commercialization that promote cybersecurity innovation; and

(7)

perform research on cybersecurity social and behavioral factors, including human-computer interactions, usability, user motivations, and organizational cultures.

113.

Cybersecurity infrastructure report

Not later than 1 year after the date of enactment of this Act, the Comptroller General shall transmit to the Congress a report examining key weaknesses within the current cybersecurity infrastructure, along with recommendations on how to address such weaknesses in the future and on the technology that is needed to do so.

II

Advancement of Cybersecurity Technical Standards

201.

Definitions

In this title:

(1)

Director

The term Director means the Director of the National Institute of Standards and Technology.

(2)

Institute

The term Institute means the National Institute of Standards and Technology.

202.

International cybersecurity technical standards

The Director, in coordination with appropriate Federal authorities, shall—

(1)

ensure coordination of United States Government representation in the international development of technical standards related to cybersecurity; and

(2)

not later than 1 year after the date of enactment of this Act, develop and transmit to the Congress a proactive plan to engage international standards bodies with respect to the development of technical standards related to cybersecurity.

203.

Promoting cybersecurity awareness and education

(a)

Program

The Director, in collaboration with relevant Federal agencies, industry, educational institutions, and other organizations, shall develop and implement a cybersecurity awareness and education program to increase public awareness, including among children and young adults, of cybersecurity risks, consequences, and best practices through—

(1)

the widespread dissemination of cybersecurity technical standards and best practices identified by the Institute; and

(2)

efforts to make cybersecurity technical standards and best practices usable by individuals, small to medium-sized businesses, State, local, and tribal governments, and educational institutions, especially with respect to novice computer users, elderly populations, low-income populations, and populations in areas of planned broadband expansion or deployment.

(b)

Workshops

In carrying out activities under subsection (a)(1), the Institute is authorized to host regional workshops to provide an overview of cybersecurity risks and best practices to businesses, State, local, and tribal governments, and educational institutions.

(c)

Manufacturing extension partnership

The Director shall, to the extent appropriate, implement subsection (a) through the Manufacturing Extension Partnership program under section 25 of the National Institute of Standards and Technology Act (15 U.S.C. 278k).

(d)

Report to Congress

Not later than 90 days after the date of enactment of this Act, the Director shall transmit to the Congress a report containing a strategy for implementation of this section.

204.

Identity management research and development

The Director shall establish a program to support the development of technical standards, metrology, testbeds, and conformance criteria, taking into account appropriate user concerns, to—

(1)

improve interoperability among identity management technologies;

(2)

strengthen authentication methods of identity management systems;

(3)

improve privacy protection in identity management systems, including health information technology systems, through authentication and security protocols; and

(4)

improve the usability of identity management systems.

205.

Practices and standards

The National Institute of Standards and Technology shall work with other Federal, State, and private sector partners, as appropriate, to develop a framework that States may follow in order to achieve effective cybersecurity practices in a timely and cost-effective manner.

Passed the House of Representatives February 4, 2010.

Lorraine C. Miller,

Clerk.