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H.R.4061 - Cybersecurity Enhancement Act of 2009
To advance cybersecurity research, development, and technical standards, and for other purposes.
|Version||Word Count||Changes From Previous Version||Percent Change|
|Introduced in House||3,162||n/a||n/a|
|Reported in House||4,909||30||43%|
|Engrossed in House||5,873||59||30%|
|Referred in Senate||5,853||5 Show Changes Hide Changes||0%|
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SECTION 1. SHORT TITLE.
SEC. 101. DEFINITIONS.
(1) NATIONAL COORDINATION OFFICE- The term National Coordination Office means the National Coordination Office for the Networking and Information Technology Research and Development program.CommentsClose CommentsPermalink
(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 (
SEC. 102. FINDINGS.
‘(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.’;CommentsClose CommentsPermalink
(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’;CommentsClose CommentsPermalink
‘(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’.’;CommentsClose CommentsPermalink
‘(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.’; andCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 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 (
(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 (
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(6) describe how the Program will engage females and individuals identified in section 33 or 34 of the Science and Engineering Equal Opportunities Act (
(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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
SEC. 104. SOCIAL AND BEHAVIORAL RESEARCH IN CYBERSECURITY.
SEC. 105. NATIONAL SCIENCE FOUNDATION CYBERSECURITY RESEARCH AND DEVELOPMENT PROGRAMS.
(b) Computer and Network Security Research Grants- Section 4(a)(3) of such Act (
‘(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.’.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(i) Computer and Network Security Capacity Building Grants--Manufacturing Extension Partnership- Section 5(a)(3) of the Cyber Security Research and Development Act (
SEC. 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.CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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 (
(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; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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 (
(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).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 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--CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 109. CYBERSECURITY CHECKLIST DEVELOPMENT AND DISSEMINATION.
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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).’.CommentsClose CommentsPermalink
SEC. 110. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY CYBERSECURITY RESEARCH AND DEVELOPMENT.
Section 20 of the National Institute of Standards and Technology Act (
‘(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;CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
(4) perform research to support the development of technologies for testing hardware and software products to validate operational readiness and certify stated security levels;CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
SEC. 201. DEFINITIONS.
SEC. 202. INTERNATIONAL CYBERSECURITY TECHNICAL STANDARDS.
(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.CommentsClose CommentsPermalink
SEC. 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--CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 (
(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.CommentsClose CommentsPermalink
SEC. 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--CommentsClose CommentsPermalink
SEC. 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.CommentsClose CommentsPermalink
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