(This measure has not been amended since it was passed by the Senate on December 11, 2014. The summary of that version is repeated here.)
Cybersecurity Enhancement Act of 2014 - Title I: Public-Private Collaboration on Cybersecurity - (Sec. 101) Amends the National Institute of Standards and Technology Act to permit the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology (NIST), to facilitate and support the development of a voluntary, consensus-based, industry-led set of standards and procedures to cost-effectively reduce cyber risks to critical infrastructure.
Requires the Director, in carrying out such activities, to: (1) coordinate regularly with, and incorporate the industry expertise of, relevant private sector personnel and entities, critical infrastructure owners and operators, sector coordinating councils, Information Sharing and Analysis Centers, and other relevant industry organizations; (2) consult with the heads of agencies with national security responsibilities, sector-specific agencies, state and local governments, governments of other nations, and international organizations; (3) identify a prioritized, flexible, repeatable, performance-based, and cost-effective approach, including information security measures and controls, that may be voluntarily adopted by owners and operators of critical infrastructure to help identify, assess, and manage cyber risks; and (4) include methodologies to mitigate impacts on business confidentiality, protect individual privacy and civil liberties, incorporate voluntary consensus standards and industry best practices, align with international standards, and prevent duplication of regulatory processes.
Prohibits the Director from prescribing a specific solution or requiring that products or services be designed or manufactured in a particular manner.
Prohibits information provided to NIST for purposes of developing cyber risk standards from being used by federal, state, tribal, or local agencies to regulate the activity of any entity.
Directs the Comptroller General (GAO) to submit biennial reports over a specified period concerning NIST's progress in facilitating the development of such standards and procedures. Requires such reports to address the extent to which such standards: (1) are voluntary and led by industry representatives, (2) have been promoted by federal agencies and adopted by sectors of critical infrastructure, and (3) have protected against cyber threats. Instructs the Comptroller General to include in such reports an assessment of the reasons behind decisions of sectors to adopt or not adopt such standards.
Title II: Cybersecurity Research and Development - (Sec. 201) Directs the following agencies, working through the National Science and Technology Council and the Networking and Information Technology Research and Development Program, to develop, and update every four years, a federal cybersecurity research and development strategic plan:
Requires the plan to be 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.
Directs the agencies to build upon existing programs to meet cybersecurity objectives, such as how to: (1) guarantee individual privacy, verify third-party software and hardware, and address insider threats; (2) determine the origin of messages transmitted over the Internet; and (3) protect information stored using cloud computing or transmitted through wireless services.
Requires the plan to describe how agencies will focus on technologies to protect consumer privacy and enhance the security, reliability, resilience, and trustworthiness of the digital infrastructure.
Requires the agencies to submit the plan and each update to Congress.
Directs the NSF to support cybersecurity research and to review cybersecurity test beds. Permits the NSF, if it determines that additional test beds are necessary, to award grants to institutions of higher education or research and development nonprofit institutions to establish such additional test beds.
Requires the OSTP to coordinate with other ongoing research initiatives.
Amends the Cyber Security Research and Development Act to permit NSF research and development grants for: (1) secure fundamental protocols that are integral to inter-network communications and data exchange; (2) secure software engineering and software assurance; (3) holistic system security to address trusted and untrusted components, reduce vulnerabilities proactively, address insider threats, and support privacy; (4) monitoring, detection, mitigation, and rapid recovery methods; and (5) secure wireless networks, mobile devices, and cloud infrastructure.
Directs specified agencies under the High-Performance Computing Act of 1991 to support research leading to a scientific foundation for the field of cybersecurity.
(Sec. 202) Expands the criteria to be considered by the NSF when evaluating grant applications of institutions seeking to establish Centers for Computer and Network Security Research to include: (1) the applicant's affiliations with private sector entities and existing federal research programs; (2) experience managing public-private partnerships; (3) capabilities to conduct interdisciplinary cybersecurity research in a secure environment; and (4) research in areas such as systems security, wireless security, networking and protocols, formal methods and high-performance computing, nanotechnology, or industrial control systems.
(Sec. 203) Revises provisions under the Cyber Security Research and Development Act concerning NIST's development and dissemination of security risk checklists associated with computer systems that are, or are likely to become, widely used within the federal government.
Requires NIST to establish priorities for the development, and revision as necessary, of security automation standards, associated reference materials (including protocols), and checklists associated with such systems in order to enable standardized and interoperable technologies, architectures, and frameworks to continuously monitor information security within the federal government.
Instructs NIST to ensure that federal agencies are informed of the availability of such standards, reference materials, or checklists.
(Sec. 204) Requires NIST to conduct intramural security research activities under its computing standards program.
Title III: Education and Workforce Development - (Sec. 301) Directs the Department of Commerce, NSF, and the Department of Homeland Security (DHS) to support competitions and challenges to recruit individuals to perform information technology security duties or to stimulate cybersecurity innovations.
Authorizes the Office of Personnel Management (OPM) to support internships or other work experience in the federal government for the winners of such competitions and challenges.
(Sec. 302) Directs NSF to continue the Federal Cyber Scholarship-for-Service program under which recipients agree to work in the cybersecurity mission of a federal, state, local, or tribal agency for a period equal to the length of their scholarship. Limits each scholarship to a maximum of three years. Requires NSF to evaluate and report periodically to Congress on: (1) the success of recruiting individuals for such scholarships, and (2) hiring and retaining those individuals in the public sector workforce.
Title IV: Cybersecurity Awareness and Preparedness - (Sec. 401) Directs NIST to continue coordinating a national cybersecurity awareness and education program to: (1) disseminate technical standards and make best practices usable by individuals, small to medium-sized businesses, educational institutions, and state, local, and tribal governments; (2) increase public awareness and understanding of cybersecurity; (3) support education programs; and (4) evaluate workforce needs. Requires NIST to develop a strategic plan to guide federal activities in support of such program. Directs NIST to transmit such plan to Congress every five years.
Title V: Advancement of Cybersecurity Technical Standards - (Sec. 502) Requires NIST to ensure the coordination of federal agencies engaged in the development of international technical standards related to information system security. Requires the development and transmittal to Congress of a plan to ensure coordination by such federal agencies. Instructs NIST to ensure consultation with appropriate private sector stakeholders.
(Sec. 503) Requires NIST, in coordination with OMB and in collaboration with the Federal Chief Information Officers Council, to continue to develop and encourage implementation of a comprehensive strategy for the use and adoption of cloud computing services by the federal government.
Requires consideration to be given to activities that: (1) accelerate the development, in collaboration with the private sector, of standards that address the interoperability and portability of cloud computing services; (2) advance the development of conformance testing performed by the private sector in support of cloud computing standardization; and (3) support, in consultation with the private sector, the development of appropriate security frameworks and reference materials, and the identification of best practices, for federal agencies to use in addressing security and privacy requirements.
(Sec. 504) Requires NIST to continue a program to support the development of voluntary and cost-effective technical standards, metrology, testbeds, and conformance criteria with regard to identity management research and development.
[113th Congress Public Law 274]
[From the U.S. Government Publishing Office]
[[Page 128 STAT. 2971]]
Public Law 113-274
113th Congress
An Act
To provide for an ongoing, voluntary public-private partnership to
improve cybersecurity, and to strengthen cybersecurity research and
development, workforce development and education, and public awareness
and preparedness, and for other purposes. <<NOTE: Dec. 18, 2014 - [S.
1353]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Cybersecurity
Enhancement Act of 2014.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 15 USC 7421 note.>> Short Title.--This Act may be cited
as the ``Cybersecurity Enhancement Act of 2014''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. No regulatory authority.
Sec. 4. No additional funds authorized.
TITLE I--PUBLIC-PRIVATE COLLABORATION ON CYBERSECURITY
Sec. 101. Public-private collaboration on cybersecurity.
TITLE II--CYBERSECURITY RESEARCH AND DEVELOPMENT
Sec. 201. Federal cybersecurity research and development.
Sec. 202. Computer and network security research centers.
Sec. 203. Cybersecurity automation and checklists for government
systems.
Sec. 204. National Institute of Standards and Technology cybersecurity
research and development.
TITLE III--EDUCATION AND WORKFORCE DEVELOPMENT
Sec. 301. Cybersecurity competitions and challenges.
Sec. 302. Federal cyber scholarship-for-service program.
TITLE IV--CYBERSECURITY AWARENESS AND PREPAREDNESS
Sec. 401. National cybersecurity awareness and education program.
TITLE V--ADVANCEMENT OF CYBERSECURITY TECHNICAL STANDARDS
Sec. 501. Definitions.
Sec. 502. International cybersecurity technical standards.
Sec. 503. Cloud computing strategy.
Sec. 504. Identity management research and development.
SEC. 2. <<NOTE: 15 USC 7421.>> DEFINITIONS.
In this Act:
(1) Cybersecurity mission.--The term ``cybersecurity
mission'' means activities that encompass the full range of
threat reduction, vulnerability reduction, deterrence,
international engagement, incident response, resiliency, and
recovery policies
[[Page 128 STAT. 2972]]
and activities, including computer network operations,
information assurance, law enforcement, diplomacy, military, and
intelligence missions as such activities relate to the security
and stability of cyberspace.
(2) Information system.--The term ``information system'' has
the meaning given that term in section 3502 of title 44, United
States Code.
SEC. 3. <<NOTE: 15 USC 7422.>> NO REGULATORY AUTHORITY.
Nothing in this Act shall be construed to confer any regulatory
authority on any Federal, State, tribal, or local department or agency.
SEC. 4. <<NOTE: 15 USC 7423.>> NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to carry out this Act, and the
amendments made by this Act. This Act, and the amendments made by this
Act, shall be carried out using amounts otherwise authorized or
appropriated.
TITLE I--PUBLIC-PRIVATE COLLABORATION ON CYBERSECURITY
SEC. 101. PUBLIC-PRIVATE COLLABORATION ON CYBERSECURITY.
(a) Cybersecurity.--Section 2(c) of the National Institute of
Standards and Technology Act (15 U.S.C. 272(c)) is amended--
(1) by redesignating paragraphs (15) through (22) as
paragraphs (16) through (23), respectively; and
(2) by inserting after paragraph (14) the following:
``(15) on an ongoing basis, facilitate and support the
development of a voluntary, consensus-based, industry-led set of
standards, guidelines, best practices, methodologies,
procedures, and processes to cost-effectively reduce cyber risks
to critical infrastructure (as defined under subsection (e));''.
(b) Scope and Limitations.--Section 2 of the National Institute of
Standards and Technology Act (15 U.S.C. 272) is amended by adding at the
end the following:
``(e) Cyber Risks.--
``(1) In general.--In carrying out the activities under
subsection (c)(15), the Director--
``(A) shall--
``(i) <<NOTE: Coordination.>> coordinate
closely and regularly with relevant private sector
personnel and entities, critical infrastructure
owners and operators, and other relevant industry
organizations, including Sector Coordinating
Councils and Information Sharing and Analysis
Centers, and incorporate industry expertise;
``(ii) <<NOTE: Consultation.>> consult with
the heads of agencies with national security
responsibilities, sector-specific agencies and
other appropriate agencies, State and local
governments, the governments of other nations, and
international organizations;
``(iii) identify a prioritized, flexible,
repeatable, performance-based, and cost-effective
approach, including information security measures
and controls,
[[Page 128 STAT. 2973]]
that may be voluntarily adopted by owners and
operators of critical infrastructure to help them
identify, assess, and manage cyber risks;
``(iv) include methodologies--
``(I) to identify and mitigate
impacts of the cybersecurity measures or
controls on business confidentiality;
and
``(II) to protect individual privacy
and civil liberties;
``(v) incorporate voluntary consensus
standards and industry best practices;
``(vi) align with voluntary international
standards to the fullest extent possible;
``(vii) prevent duplication of regulatory
processes and prevent conflict with or superseding
of regulatory requirements, mandatory standards,
and related processes; and
``(viii) include such other similar and
consistent elements as the Director considers
necessary; and
``(B) shall not prescribe or otherwise require--
``(i) the use of specific solutions;
``(ii) the use of specific information or
communications technology products or services; or
``(iii) that information or communications
technology products or services be designed,
developed, or manufactured in a particular manner.
``(2) Limitation.--Information shared with or provided to
the Institute for the purpose of the activities described under
subsection (c)(15) shall not be used by any Federal, State,
tribal, or local department or agency to regulate the activity
of any entity. Nothing in this paragraph shall be construed to
modify any regulatory requirement to report or submit
information to a Federal, State, tribal, or local department or
agency.
``(3) Definitions.--In this subsection:
``(A) Critical infrastructure.--The term `critical
infrastructure' has the meaning given the term in
section 1016(e) of the USA PATRIOT Act of 2001 (42
U.S.C. 5195c(e)).
``(B) Sector-specific agency.--The term `sector-
specific agency' means the Federal department or agency
responsible for providing institutional knowledge and
specialized expertise as well as leading, facilitating,
or supporting the security and resilience programs and
associated activities of its designated critical
infrastructure sector in the all-hazards environment.''.
(c) Study and Reports.--
(1) Study.--The Comptroller General of the United States
shall conduct a study that assesses--
(A) the progress made by the Director of the
National Institute of Standards and Technology in
facilitating the development of standards and procedures
to reduce cyber risks to critical infrastructure in
accordance with section 2(c)(15) of the National
Institute of Standards and Technology Act, as added by
this section;
(B) the extent to which the Director's facilitation
efforts are consistent with the directive in such
section that the
[[Page 128 STAT. 2974]]
development of such standards and procedures be
voluntary and led by industry representatives;
(C) the extent to which other Federal agencies have
promoted and sectors of critical infrastructure (as
defined in section 1016(e) of the USA PATRIOT Act of
2001 (42 U.S.C. 5195c(e))) have adopted a voluntary,
industry-led set of standards, guidelines, best
practices, methodologies, procedures, and processes to
reduce cyber risks to critical infrastructure in
accordance with such section 2(c)(15);
(D) the reasons behind the decisions of sectors of
critical infrastructure (as defined in subparagraph (C))
to adopt or to not adopt the voluntary standards
described in subparagraph (C); and
(E) the extent to which such voluntary standards
have proved successful in protecting critical
infrastructure from cyber threats.
(2) Reports.--Not later than 1 year after the date of the
enactment of this Act, and every 2 years thereafter for the
following 6 years, the Comptroller General shall submit a
report, which summarizes the findings of the study conducted
under paragraph (1), to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives.
TITLE <<NOTE: 15 USC prec. 7431.>> II--CYBERSECURITY RESEARCH AND
DEVELOPMENT
SEC. 201. <<NOTE: 15 USC 7431.>> FEDERAL CYBERSECURITY RESEARCH
AND DEVELOPMENT.
(a) Fundamental Cybersecurity Research.--
(1) Federal cybersecurity research and development strategic
plan.--The heads <<NOTE: Deadline.>> of the applicable agencies
and departments, working through the National Science and
Technology Council and the Networking and Information Technology
Research and Development Program, shall develop and update every
4 years a Federal cybersecurity research and development
strategic plan (referred to in this subsection as the
``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. The heads of the applicable
agencies and departments shall build upon existing programs and
plans to develop the strategic plan to meet objectives in
cybersecurity, such as--
(A) how to design and build complex software-
intensive systems that are secure and reliable when
first deployed;
(B) how to test and verify that software and
hardware, whether developed locally or obtained from a
third party, is free of significant known security
flaws;
(C) how to test and verify that software and
hardware obtained from a third party correctly
implements stated functionality, and only that
functionality;
(D) how to guarantee the privacy of an individual,
including that individual's identity, information, and
lawful transactions when stored in distributed systems
or transmitted over networks;
[[Page 128 STAT. 2975]]
(E) how to build new protocols to enable the
Internet to have robust security as one of the key
capabilities of the Internet;
(F) how to determine the origin of a message
transmitted over the Internet;
(G) how to support privacy in conjunction with
improved security;
(H) how to address the problem of insider threats;
(I) how improved consumer education and digital
literacy initiatives can address human factors that
contribute to cybersecurity;
(J) how to protect information processed,
transmitted, or stored using cloud computing or
transmitted through wireless services; and
(K) any additional objectives the heads of the
applicable agencies and departments, in coordination
with the head of any relevant Federal agency and with
input from stakeholders, including appropriate national
laboratories, industry, and academia, determine
appropriate.
(2) Requirements.--
(A) Contents of plan.--The strategic plan shall--
(i) specify and prioritize near-term, mid-
term, and long-term research objectives, including
objectives associated with the research identified
in section 4(a)(1) of the Cyber Security Research
and Development Act (15 U.S.C. 7403(a)(1));
(ii) specify how the near-term objectives
described in clause (i) complement research and
development areas in which the private sector is
actively engaged;
(iii) describe how the heads of the applicable
agencies and departments will focus on innovative,
transformational technologies with the potential
to enhance the security, reliability, resilience,
and trustworthiness of the digital infrastructure,
and to protect consumer privacy;
(iv) describe how the heads of the applicable
agencies and departments will foster the rapid
transfer of research and development results into
new cybersecurity technologies and applications
for the timely benefit of society and the national
interest, including through the dissemination of
best practices and other outreach activities;
(v) describe how the heads of the applicable
agencies and departments will establish and
maintain a national research infrastructure for
creating, testing, and evaluating the next
generation of secure networking and information
technology systems; and
(vi) describe how the heads of the applicable
agencies and departments will facilitate access by
academic researchers to the infrastructure
described in clause (v), as well as to relevant
data, including event data.
(B) Private sector efforts.--In developing,
implementing, and updating the strategic plan, the heads
of the applicable agencies and departments, working
through the National Science and Technology Council and
Networking and Information Technology Research and
Development Program, shall work in close cooperation
with
[[Page 128 STAT. 2976]]
industry, academia, and other interested stakeholders to
ensure, to the extent possible, that Federal
cybersecurity research and development is not
duplicative of private sector efforts.
(C) Recommendations.--In developing and updating the
strategic plan the heads of the applicable agencies and
departments shall solicit recommendations and advice
from--
(i) 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
(ii) 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.
(D) <<NOTE: Deadline.>> Implementation roadmap.--
The heads of the applicable agencies and departments,
working through the National Science and Technology
Council and Networking and Information Technology
Research and Development Program, shall develop and
annually update an implementation roadmap for the
strategic plan. The implementation roadmap shall--
(i) 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;
(ii) 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;
(iii) <<NOTE: Time period.>> estimate the
funding required for each major research objective
of the strategic plan for the following 3 fiscal
years; and
(iv) track ongoing and completed Federal
cybersecurity research and development projects.
(3) Reports to congress.--The heads of the applicable
agencies and departments, working through the National Science
and Technology Council and Networking and Information Technology
Research and Development Program, shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives--
(A) the strategic plan not later than 1 year after
the date of enactment of this Act;
(B) each quadrennial update to the strategic plan;
and
(C) the implementation roadmap under subparagraph
(D), and its annual updates, which shall be appended to
the annual report required under section 101(a)(2)(D) of
the High-Performance Computing Act of 1991 (15 U.S.C.
5511(a)(2)(D)).
(4) Definition of applicable agencies and departments.--In
this subsection, the term ``applicable agencies and
departments'' means the agencies and departments identified in
clauses (i) through (x) of section 101(a)(3)(B) of the High-
Performance Computing Act of 1991 (15 U.S.C. 5511(a)(3)(B)) or
designated under clause (xi) of that section.
[[Page 128 STAT. 2977]]
(b) Cybersecurity Practices Research.--The Director of the National
Science Foundation shall support research that--
(1) develops, evaluates, disseminates, and integrates new
cybersecurity practices and concepts into the core curriculum of
computer science programs and of other programs where graduates
of such programs have a substantial probability of developing
software after graduation, including new practices and concepts
relating to secure coding education and improvement programs;
and
(2) develops new models for professional development of
faculty in cybersecurity education, including secure coding
development.
(c) Cybersecurity Modeling and Test Beds.--
(1) <<NOTE: Deadline.>> Review.--Not later than 1 year
after the date of enactment of this Act, the Director of the
National Science Foundation, in coordination with the Director
of the Office of Science and Technology Policy, shall conduct a
review of cybersecurity test beds in existence on the date of
enactment of this Act to inform the grants under paragraph (2).
The <<NOTE: Assessment.>> review shall include an assessment of
whether a sufficient number of cybersecurity test beds are
available to meet the research needs under the Federal
cybersecurity research and development strategic plan. Upon
completion, the Director shall submit the review to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Science, Space, and Technology of the House
of Representatives.
(2) <<NOTE: Grants.>> Additional cybersecurity modeling and
test beds.--
(A) <<NOTE: Determination. Coordination.>> In
general.--If the Director of the National Science
Foundation, after the review under paragraph (1),
determines that the research needs under the Federal
cybersecurity research and development strategic plan
require the establishment of additional cybersecurity
test beds, the Director of the National Science
Foundation, in coordination with the Secretary of
Commerce and the Secretary of Homeland Security, may
award grants to institutions of higher education or
research and development non-profit institutions to
establish cybersecurity test beds.
(B) Requirement.--The cybersecurity test beds under
subparagraph (A) shall be sufficiently robust in order
to model the scale and complexity of real-time cyber
attacks and defenses on real world networks and
environments.
(C) <<NOTE: Coordination. Evaluation. Deadlines.>>
Assessment required.--The Director of the National
Science Foundation, in coordination with the Secretary
of Commerce and the Secretary of Homeland Security,
shall evaluate the effectiveness of any grants awarded
under this subsection in meeting the objectives of the
Federal cybersecurity research and development strategic
plan not later than 2 years after the review under
paragraph (1) of this subsection, and periodically
thereafter.
(d) Coordination With Other Research Initiatives.--In accordance
with the responsibilities under section 101 of the High-Performance
Computing Act of 1991 (15 U.S.C. 5511), the Director of the Office of
Science and Technology Policy shall coordinate, to the extent
practicable, Federal research and development activities under this
section with other ongoing research and development security-related
initiatives, including research being conducted by--
[[Page 128 STAT. 2978]]
(1) the National Science Foundation;
(2) the National Institute of Standards and Technology;
(3) the Department of Homeland Security;
(4) other Federal agencies;
(5) other Federal and private research laboratories,
research entities, and universities;
(6) institutions of higher education;
(7) relevant nonprofit organizations; and
(8) international partners of the United States.
(e) National Science Foundation Computer and Network Security
Research Grant 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 (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
``(J) secure fundamental protocols that are integral
to inter-network communications and data exchange;
``(K) secure software engineering and software
assurance, including--
``(i) programming languages and systems that
include fundamental security features;
``(ii) portable or reusable code that remains
secure when deployed in various environments;
``(iii) verification and validation
technologies to ensure that requirements and
specifications have been implemented; and
``(iv) models for comparison and metrics to
assure that required standards have been met;
``(L) holistic system security that--
``(i) addresses the building of secure systems
from trusted and untrusted components;
``(ii) proactively reduces vulnerabilities;
``(iii) addresses insider threats; and
``(iv) supports privacy in conjunction with
improved security;
``(M) monitoring and detection;
``(N) mitigation and rapid recovery methods;
``(O) security of wireless networks and mobile
devices; and
``(P) security of cloud infrastructure and
services.''.
(f) Research on the Science of Cybersecurity.--The head of each
agency and department identified under section 101(a)(3)(B) of the High-
Performance Computing Act of 1991 (15 U.S.C. 5511(a)(3)(B)), through
existing programs and activities, shall support research that will lead
to the development of a scientific foundation for the field of
cybersecurity, including research that increases understanding of the
underlying principles of securing complex networked systems, enables
repeatable experimentation, and creates quantifiable security metrics.
SEC. 202. COMPUTER AND NETWORK SECURITY RESEARCH CENTERS.
Section 4(b) of the Cyber Security Research and Development Act (15
U.S.C. 7403(b)) is amended--
(1) in paragraph (3), by striking ``the research areas'' and
inserting the following: ``improving the security and resiliency
[[Page 128 STAT. 2979]]
of information technology, reducing cyber vulnerabilities, and
anticipating and mitigating consequences of cyber attacks on
critical infrastructure, by conducting research in the areas'';
(2) by striking ``the center'' in paragraph (4)(D) and
inserting ``the Center''; and
(3) in paragraph (5)--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by striking the period at the end of
subparagraph (D) and inserting a semicolon; and
(C) by adding at the end the following:
``(E) the demonstrated capability of the applicant
to conduct high performance computation integral to
complex computer and network security research, through
on-site or off-site computing;
``(F) the applicant's affiliation with private
sector entities involved with industrial research
described in subsection (a)(1);
``(G) the capability of the applicant to conduct
research in a secure environment;
``(H) the applicant's affiliation with existing
research programs of the Federal Government;
``(I) the applicant's experience managing public-
private partnerships to transition new technologies into
a commercial setting or the government user community;
``(J) the capability of the applicant to conduct
interdisciplinary cybersecurity research, basic and
applied, such as in law, economics, or behavioral
sciences; and
``(K) the capability of the applicant to conduct
research in areas such as systems security, wireless
security, networking and protocols, formal methods and
high-performance computing, nanotechnology, or
industrial control systems.''.
SEC. 203. CYBERSECURITY AUTOMATION AND CHECKLISTS FOR GOVERNMENT
SYSTEMS.
Section 8(c) of the Cyber Security Research and Development Act (15
U.S.C. 7406(c)) is amended to read as follows:
``(c) Security Automation and Checklists for Government Systems.--
``(1) In general.--The Director of the National Institute of
Standards and Technology shall, as necessary, develop and revise
security automation standards, associated reference materials
(including protocols), and checklists providing settings and
option selections that minimize the security risks associated
with each information technology hardware or software system and
security tool that is, or is likely to become, widely used
within the Federal Government, thereby enabling standardized and
interoperable technologies, architectures, and frameworks for
continuous monitoring of information security 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 standards, reference
materials, and checklists under this subsection on the basis
of--
``(A) the security risks associated with the use of
the system;
[[Page 128 STAT. 2980]]
``(B) the number of agencies that use a particular
system or security tool;
``(C) the usefulness of the standards, reference
materials, or checklists to Federal agencies that are
users or potential users of the system;
``(D) the effectiveness of the associated standard,
reference material, or checklist in creating or enabling
continuous monitoring of information security; or
``(E) such other factors as the Director of the
National Institute of Standards and Technology
determines to be appropriate.
``(3) Excluded systems.--The Director of the National
Institute of Standards and Technology may exclude from the
application of paragraph (1) any information technology hardware
or software system or security tool for which such Director
determines that the development of a standard, reference
material, or checklist is inappropriate because of the
infrequency of use of the system, the obsolescence of the
system, or the lack of utility or impracticability of developing
a standard, reference material, or checklist for the system.
``(4) Dissemination of standards and related materials.--The
Director of the National Institute of Standards and Technology
shall ensure that Federal agencies are informed of the
availability of any standard, reference material, checklist, or
other item developed under this subsection.
``(5) Agency use requirements.--The development of
standards, reference materials, and checklists under paragraph
(1) for an information technology hardware or software system or
tool does not--
``(A) require any Federal agency to select the
specific settings or options recommended by the
standard, reference material, or 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 information technology hardware or
software systems for which no such standard, reference
material, or checklist has been developed or identified
under paragraph (1).''.
SEC. 204. 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--
(1) by redesignating subsection (e) as subsection (f); and
(2) 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, to the extent practicable and appropriate--
``(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
[[Page 128 STAT. 2981]]
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;
``(4) carry out research associated with improving security
of industrial control systems;
``(5) carry out research associated with improving the
security and integrity of the information technology supply
chain; and
``(6) carry out any additional research the Institute
determines appropriate.''.
TITLE <<NOTE: 15 USC prec. 7441.>> III--EDUCATION AND WORKFORCE
DEVELOPMENT
SEC. 301. <<NOTE: 15 USC 7441.>> CYBERSECURITY COMPETITIONS AND
CHALLENGES.
(a) <<NOTE: Consultation.>> In General.--The Secretary of Commerce,
Director of the National Science Foundation, and Secretary of Homeland
Security, in consultation with the Director of the Office of Personnel
Management, shall--
(1) support competitions and challenges under section 24 of
the Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719) (as amended by section 105 of the America COMPETES
Reauthorization Act of 2010 (124 Stat. 3989)) or any other
provision of law, as appropriate--
(A) to identify, develop, and recruit talented
individuals to perform duties relating to the security
of information technology in Federal, State, local, and
tribal government agencies, and the private sector; or
(B) to stimulate innovation in basic and applied
cybersecurity research, technology development, and
prototype demonstration that has the potential for
application to the information technology activities of
the Federal Government; and
(2) ensure the effective operation of the competitions and
challenges under this section.
(b) Participation.--Participants in the competitions and challenges
under subsection (a)(1) may include--
(1) students enrolled in grades 9 through 12;
(2) students enrolled in a postsecondary program of study
leading to a baccalaureate degree at an institution of higher
education;
(3) students enrolled in a postbaccalaureate program of
study at an institution of higher education;
(4) institutions of higher education and research
institutions;
(5) veterans; and
(6) other groups or individuals that the Secretary of
Commerce, Director of the National Science Foundation, and
Secretary of Homeland Security determine appropriate.
(c) Affiliation and Cooperative Agreements.--Competitions and
challenges under this section may be carried out through affiliation and
cooperative agreements with--
[[Page 128 STAT. 2982]]
(1) Federal agencies;
(2) regional, State, or school programs supporting the
development of cyber professionals;
(3) State, local, and tribal governments; or
(4) other private sector organizations.
(d) Areas of Skill.--Competitions and challenges under subsection
(a)(1)(A) shall be designed to identify, develop, and recruit
exceptional talent relating to--
(1) ethical hacking;
(2) penetration testing;
(3) vulnerability assessment;
(4) continuity of system operations;
(5) security in design;
(6) cyber forensics;
(7) offensive and defensive cyber operations; and
(8) other areas the Secretary of Commerce, Director of the
National Science Foundation, and Secretary of Homeland Security
consider necessary to fulfill the cybersecurity mission.
(e) Topics.--In selecting topics for competitions and challenges
under subsection (a)(1), the Secretary of Commerce, Director of the
National Science Foundation, and Secretary of Homeland Security--
(1) <<NOTE: Consultation.>> shall consult widely both
within and outside the Federal Government; and
(2) may empanel advisory committees.
(f) Internships.--The Director of the Office of Personnel Management
may support, as appropriate, internships or other work experience in the
Federal Government to the winners of the competitions and challenges
under this section.
SEC. 302. <<NOTE: 15 USC 7442.>> FEDERAL CYBER SCHOLARSHIP-FOR-
SERVICE PROGRAM.
(a) <<NOTE: Coordination.>> In General.--The Director of the
National Science Foundation, in coordination with the Director of the
Office of Personnel Management and Secretary of Homeland Security, shall
continue a Federal cyber scholarship-for-service program to recruit and
train the next generation of information technology professionals,
industrial control system security professionals, and security managers
to meet the needs of the cybersecurity mission for Federal, State,
local, and tribal governments.
(b) Program Description and Components.--The Federal Cyber
Scholarship-for-Service Program shall--
(1) provide scholarships through qualified institutions of
higher education, including community colleges, to students who
are enrolled in programs of study at institutions of higher
education leading to degrees or specialized program
certifications in the cybersecurity field;
(2) provide the scholarship recipients with summer
internship opportunities or other meaningful temporary
appointments in the Federal information technology workforce;
and
(3) prioritize the employment placement of scholarship
recipients in the Federal Government.
(c) <<NOTE: Time period.>> Scholarship Amounts.--Each scholarship
under subsection (b) shall be in an amount that covers the student's
tuition and fees at the institution under subsection (b)(1) for not more
than 3 years and provides the student with an additional stipend.
[[Page 128 STAT. 2983]]
(d) Post-award Employment Obligations.--Each scholarship recipient,
as a condition of receiving a scholarship under the program, shall enter
into an agreement under which the recipient agrees to work in the
cybersecurity mission of a Federal, State, local, or tribal agency for a
period equal to the length of the scholarship following receipt of the
student's degree.
(e) Hiring Authority.--
(1) Appointment in excepted service.--Notwithstanding any
provision of chapter 33 of title 5, United States Code,
governing appointments in the competitive service, an agency
shall appoint in the excepted service an individual who has
completed the eligible degree program for which a scholarship
was awarded.
(2) Noncompetitive conversion.--Except as provided in
paragraph (4), upon fulfillment of the service term, an employee
appointed under paragraph (1) may be converted noncompetitively
to term, career-conditional or career appointment.
(3) Timing of conversion.--An agency may noncompetitively
convert a term employee appointed under paragraph (2) to a
career-conditional or career appointment before the term
appointment expires.
(4) Authority to decline conversion.--An agency may decline
to make the noncompetitive conversion or appointment under
paragraph (2) for cause.
(f) Eligibility.--To be eligible to receive a scholarship under this
section, an individual shall--
(1) be a citizen or lawful permanent resident of the United
States;
(2) demonstrate a commitment to a career in improving the
security of information technology;
(3) have demonstrated a high level of proficiency in
mathematics, engineering, or computer sciences;
(4) be a full-time student in an eligible degree program at
a qualified institution of higher education, as determined by
the Director of the National Science Foundation; and
(5) accept the terms of a scholarship under this section.
(g) Conditions of Support.--
(1) In general.--As a condition of receiving a scholarship
under this section, a recipient shall agree to provide the
qualified institution of higher education with annual verifiable
documentation of post-award employment and up-to-date contact
information.
(2) Terms.--A scholarship recipient under this section shall
be liable to the United States as provided in subsection (i) if
the individual--
(A) fails to maintain an acceptable level of
academic standing at the applicable institution of
higher education, as determined by the Director of the
National Science Foundation;
(B) is dismissed from the applicable institution of
higher education for disciplinary reasons;
(C) withdraws from the eligible degree program
before completing the program;
(D) declares that the individual does not intend to
fulfill the post-award employment obligation under this
section; or
[[Page 128 STAT. 2984]]
(E) fails to fulfill the post-award employment
obligation of the individual under this section.
(h) Monitoring Compliance.--As a condition of participating in the
program, a qualified institution of higher education shall--
(1) <<NOTE: Contracts.>> enter into an agreement with the
Director of the National Science Foundation, to monitor the
compliance of scholarship recipients with respect to their post-
award employment obligations; and
(2) provide to the Director of the National Science
Foundation, on an annual basis, the post-award employment
documentation required under subsection (g)(1) for scholarship
recipients through the completion of their post-award employment
obligations.
(i) Amount of Repayment.--
(1) Less than 1 year of service.--If a circumstance
described in subsection (g)(2) occurs before the completion of 1
year of a post-award employment obligation under this section,
the total amount of scholarship awards received by the
individual under this section shall--
(A) be repaid; or
(B) be treated as a loan to be repaid in accordance
with subsection (j).
(2) 1 or more years of service.--If a circumstance described
in subparagraph (D) or (E) of subsection (g)(2) occurs after the
completion of 1 or more years of a post-award employment
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--
(A) be repaid; or
(B) be treated as a loan to be repaid in accordance
with subsection (j).
(j) Repayments.--A loan described subsection (i) shall--
(1) 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 et seq.); and
(2) 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 of the
National Science Foundation (in consultation with the Secretary
of Education) in regulations promulgated to carry out this
subsection.
(k) Collection of Repayment.--
(1) <<NOTE: Determinations.>> In general.--In the event
that a scholarship recipient is required to repay the
scholarship award under this section, the qualified institution
of higher education providing the scholarship shall--
(A) <<NOTE: Notification.>> determine the repayment
amounts and notify the recipient and the Director of the
National Science Foundation of the amounts owed; and
(B) <<NOTE: Time period.>> collect the repayment
amounts within a period of time as determined by the
Director of the National Science Foundation, or the
repayment amounts shall be treated as a loan in
accordance with subsection (j).
(2) Returned to treasury.--Except as provided in paragraph
(3), any repayment under this subsection shall be returned to
the Treasury of the United States.
[[Page 128 STAT. 2985]]
(3) Retain percentage.--A qualified institution of higher
education may retain a percentage of any repayment the
institution collects under this subsection to defray
administrative costs associated with the
collection. <<NOTE: Applicability.>> The Director of the
National Science Foundation shall establish a single, fixed
percentage that will apply to all eligible entities.
(l) Exceptions.--The Director of the National Science Foundation 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.
(m) Evaluation and Report.--The Director of the National Science
Foundation shall evaluate and report periodically to Congress on the
success of recruiting individuals for scholarships under this section
and on hiring and retaining those individuals in the public sector
workforce.
TITLE <<NOTE: 15 USC prec. 7451.>> IV--CYBERSECURITY AWARENESS AND
PREPAREDNESS
SEC. 401. <<NOTE: 15 USC 7451.>> NATIONAL CYBERSECURITY AWARENESS
AND EDUCATION PROGRAM.
(a) National Cybersecurity Awareness and Education Program.--The
Director <<NOTE: Consultation.>> of the National Institute of Standards
and Technology (referred to in this section as the ``Director''), in
consultation with appropriate Federal agencies, industry, educational
institutions, National Laboratories, the Networking and Information
Technology Research and Development program, and other organizations
shall continue to coordinate a national cybersecurity awareness and
education program, that includes activities such as--
(1) the widespread dissemination of cybersecurity technical
standards and best practices identified by the Director;
(2) efforts to make cybersecurity best practices usable by
individuals, small to medium-sized businesses, educational
institutions, and State, local, and tribal governments;
(3) increasing public awareness of cybersecurity, cyber
safety, and cyber ethics;
(4) increasing the understanding of State, local, and tribal
governments, institutions of higher education, and private
sector entities of--
(A) the benefits of ensuring effective risk
management of information technology versus the costs of
failure to do so; and
(B) the methods to mitigate and remediate
vulnerabilities;
(5) supporting formal cybersecurity education programs at
all education levels to prepare and improve a skilled
cybersecurity and computer science workforce for the private
sector and Federal, State, local, and tribal government; and
(6) promoting initiatives to evaluate and forecast future
cybersecurity workforce needs of the Federal Government and
develop strategies for recruitment, training, and retention.
[[Page 128 STAT. 2986]]
(b) <<NOTE: Consultation.>> Considerations.--In carrying out the
authority described in subsection (a), the Director, in consultation
with appropriate Federal agencies, shall leverage existing programs
designed to inform the public of safety and security of products or
services, including self-certifications and independently verified
assessments regarding the quantification and valuation of information
security risk.
(c) Strategic Plan.--The Director, in cooperation with relevant
Federal agencies and other stakeholders, shall build upon programs and
plans in effect as of the date of enactment of this Act to develop and
implement a strategic plan to guide Federal programs and activities in
support of the national cybersecurity awareness and education program
under subsection (a).
(d) Report.--Not later than 1 year after the date of enactment of
this Act, and every 5 years thereafter, the Director shall transmit the
strategic plan under subsection (c) to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Science,
Space, and Technology of the House of Representatives.
TITLE <<NOTE: 15 USC prec. 7461.>> V--ADVANCEMENT OF CYBERSECURITY
TECHNICAL STANDARDS
SEC. 501. <<NOTE: 15 USC 7461.>> 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.
SEC. 502. <<NOTE: 15 USC 7462.>> INTERNATIONAL CYBERSECURITY
TECHNICAL STANDARDS.
(a) <<NOTE: Coordination.>> In General.--The Director, in
coordination with appropriate Federal authorities, shall--
(1) as appropriate, ensure coordination of Federal agencies
engaged in the development of international technical standards
related to information system security; and
(2) <<NOTE: Deadline. Plans.>> not later than 1 year after
the date of enactment of this Act, develop and transmit to
Congress a plan for ensuring such Federal agency coordination.
(b) Consultation With the Private Sector.--In carrying out the
activities specified in subsection (a)(1), the Director shall ensure
consultation with appropriate private sector stakeholders.
SEC. 503. <<NOTE: 15 USC 7463.>> CLOUD COMPUTING STRATEGY.
(a) <<NOTE: Coordination. Collaboration. Consultation.>> In
General.--The Director, in coordination with the Office of Management
and Budget, in collaboration with the Federal Chief Information Officers
Council, and in consultation with other relevant Federal agencies and
stakeholders from the private sector, shall continue to develop and
encourage the implementation of a comprehensive strategy for the use and
adoption of cloud computing services by the Federal Government.
(b) Activities.--In carrying out the strategy described under
subsection (a), the Director shall give consideration to activities
that--
[[Page 128 STAT. 2987]]
(1) accelerate the development, in collaboration with the
private sector, of standards that address interoperability and
portability of cloud computing services;
(2) advance the development of conformance testing performed
by the private sector in support of cloud computing
standardization; and
(3) <<NOTE: Coordination. Consultation.>> support, in
coordination with the Office of Management and Budget, and in
consultation with the private sector, the development of
appropriate security frameworks and reference materials, and the
identification of best practices, for use by Federal agencies to
address security and privacy requirements to enable the use and
adoption of cloud computing services, including activities--
(A) to ensure the physical security of cloud
computing data centers and the data stored in such
centers;
(B) to ensure secure access to the data stored in
cloud computing data centers;
(C) to develop security standards as required under
section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3); and
(D) to support the development of the automation of
continuous monitoring systems.
SEC. 504. <<NOTE: 15 USC 7464.>> IDENTITY MANAGEMENT RESEARCH AND
DEVELOPMENT.
The Director shall continue a program to support the development of
voluntary and cost-effective technical standards, metrology, testbeds,
and conformance criteria, taking into account appropriate user
concerns--
(1) to improve interoperability among identity management
technologies;
(2) to strengthen authentication methods of identity
management systems;
(3) to improve privacy protection in identity management
systems, including health information technology systems,
through authentication and security protocols; and
(4) to improve the usability of identity management systems.
Approved December 18, 2014.
LEGISLATIVE HISTORY--S. 1353:
---------------------------------------------------------------------------
SENATE REPORTS: No. 113-270 (Comm. on Commerce, Science, and Transpor-
tation).
CONGRESSIONAL RECORD, Vol. 160 (2014):
Dec. 11, considered and passed Senate and House.
<all>
By Senator Rockefeller from Committee on Commerce, Science, and Transportation filed written report. Report No. 113-270.
By Senator Rockefeller from Committee on Commerce, Science, and Transportation filed written report. Report No. 113-270.
Measure laid before Senate by unanimous consent. (consideration: CR H6665-6669; text of measure as reported in Senate: CR S6665-6668)
The committee substitute agreed to by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Received in the House.
Held at the desk.
Message on Senate action sent to the House.
Considered by unanimous consent. (consideration: CR H9294-9299)
Mr. McCaul asked unanimous consent to take from the Speaker's table and consider.
Passed/agreed to in House: On passage Passed without objection.(text: CR H9294-9299)
Enacted as Public Law 113-274
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On passage Passed without objection. (text: CR H9294-9299)
Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 113-274.
Became Public Law No: 113-274.