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CYBER the Cybersecurity Act of 2012 Final

CYBER the Cybersecurity Act of 2012 Final

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Published by Chris Wallis

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Published by: Chris Wallis on Aug 01, 2012
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09/24/2013

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HEN12160 S.L.C.
112
TH
CONGRESS2
D
S
ESSION
 
S.
 ll 
To enhance the security and resiliency of the cyber and communicationsinfrastructure of the United States.
IN THE SENATE OF THE UNITED STATES
 llllllllll 
Mr. L
IEBERMAN
(for himself, Ms. C
OLLINS
, Mr. R
OCKEFELLER
, and Mrs.F
EINSTEIN
) introduced the following bill; which was read twice and re-ferred to the Committee on
 llllllllll 
A BILL
To enhance the security and resiliency of the cyber andcommunications infrastructure of the United States.
 Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
3
(a) S
HORT
T
ITLE
.—This Act may be cited as the
4
‘‘Cybersecurity Act of 2012’’.
5
(b) T
 ABLE OF
C
ONTENTS
.—The table of contents for
6
this Act is as follows:
7
Sec.1.Short title; table of contents.Sec.2.Definitions.TITLE I—PROTECTING CRITICAL INFRASTRUCTURESec.101.Definitions and responsibilities.
 
2
HEN12160 S.L.C.Sec.102.Sector-by-sector cyber risk assessments.Sec.103.Procedure for designation of covered critical infrastructure.Sec.104.Sector-by-sector risk-based cybersecurity performance requirements.Sec.105.Security of covered critical infrastructure.Sec.106.Sector-specific agencies.Sec.107.Protection of information.Sec.108.Voluntary technical assistance.Sec.109.Emergency planning.Sec.110.International cooperation.Sec.111.Effect on other laws.TITLE II—PROTECTING GOVERNMENT NETWORKSSec.201.FISMA Reform.Sec.202.Management of information technology.Sec.203.Savings provisions.TITLE III—CLARIFYING AND STRENGTHENING EXISTING ROLES AND AUTHORITIESSec.301.Consolidation of existing departmental cyber resources and authori-ties.TITLE IV—EDUCATION, RECRUITMENT, AND WORKFORCEDEVELOPMENTSec.401.Definitions.Sec.402.National education and awareness campaign.Sec.403.National cybersecurity competition and challenge.Sec.404.Federal cyber scholarship-for-service program.Sec.405.Assessment of cybersecurity Federal workforce.Sec.406.Federal cybersecurity occupation classifications.Sec.407.Training and education.Sec.408.Cybersecurity incentives.TITLE V—RESEARCH AND DEVELOPMENTSec.501.Federal cybersecurity research and development.Sec.502.Homeland security cybersecurity research and development.TITLE VI—FEDERAL ACQUISITION RISK MANAGEMENT STRATEGY Sec.601.Federal acquisition risk management strategy.Sec.602.Amendments to Clinger-Cohen provisions to enhance agency planning for information security needs.TITLE VII—INFORMATION SHARINGSec.701.Affirmative authority to monitor and defend against cybersecurity threats.Sec.702.Voluntary disclosure of cybersecurity threat indicators among privateentities.Sec.703.Cybersecurity exchanges.Sec.704.Voluntary disclosure of cybersecurity threat indicators to a cybersecu-rity exchange.Sec.705.Sharing of classified cybersecurity threat indicators.Sec.706.Limitation on liability and good faith defense for cybersecurity activi-ties.
 
3
HEN12160 S.L.C.Sec.707.Construction; Federal preemption.Sec.708.Definitions.TITLE VIII—PUBLIC AWARENESS REPORTSSec.801.Findings.Sec.802.Report on cyber incidents against Government networks.Sec.803.Reports on prosecution for cybercrime.Sec.804.Report on research relating to secure domain.Sec.805.Report on preparedness of Federal courts to promote cybersecurity.Sec.806.Report on impediments to public awareness.Sec.807.Report on protecting the electrical grid of the United States.TITLE IX—INTERNATIONAL COOPERATIONSec.901.Definitions.Sec.902.Findings.Sec.903.Sense of Congress.Sec.904.Coordination of international cyber issues within the United StatesGovernment.Sec.905.Consideration of cybercrime in foreign policy and foreign assistanceprograms.
SEC. 2. DEFINITIONS.
1
In this Act:
2
(1) C
OMMERCIAL INFORMATION TECHNOLOGY 
 
3
PRODUCT
.—The term ‘‘commercial information tech-
4
nology product’’ means a commercial item that orga-
5
nizes or communicates information electronically.
6
(2) C
OMMERCIAL ITEM
.—The term ‘‘commer-
7
cial item’’ has the meaning given the term in section
8
103 of title 41, United States Code.
9
(3) C
OVERED CRITICAL INFRASTRUCTURE
.—
10
The term ‘‘covered critical infrastructure’’ means a
11
system or asset designated by the Secretary as cov-
12
ered critical infrastructure in accordance with the
13
procedure established under section 103.
14

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