S To codify an existing operations center for cybersecurity. IN THE SENATE OF THE UNITED STATES

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1 II 11TH CONGRESS D SESSION S. 19 To codify an existing operations center for cybersecurity. IN THE SENATE OF THE UNITED STATES JUNE, 01 Mr. CARPER (for himself and Mr. COBURN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To codify an existing operations center for cybersecurity Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the National Cybersecurity and Communications Integration Center Act of 01. SEC.. NATIONAL CYBERSECURITY AND COMMUNICA- TIONS INTEGRATION CENTER. (a) IN GENERAL. Subtitle A of title II of the Homeland Security Act of 00 ( U.S.C. 11 et seq.) is amend- dlhill on DSK7TPTVN1PROD with BILLS 10 ed by adding at the end the following: VerDate Mar : Jun 8, 01 Jkt 0900 PO Frm Fmt Sfmt 01 E:\BILLS\S19.IS S19

2 dlhill on DSK7TPTVN1PROD with BILLS VerDate Mar : Jun 8, 01 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\S19.IS S19 SEC. 10G. OPERATIONS CENTER. (a) FUNCTIONS. There is in the Department an operations center, which may carry out the responsibilities of the Under Secretary appointed under section 10(a)(1)(H) with respect to security and resilience, including by (1) serving as a Federal civilian information sharing interface for cybersecurity; () providing shared situational awareness to enable real-time, integrated, and operational actions across the Federal Government; () sharing cybersecurity threat, vulnerability, impact, and incident information and analysis by and among Federal, State, and local government entities and private sector entities; () coordinating cybersecurity information sharing throughout the Federal Government; () conducting analysis of cybersecurity risks and incidents; () upon request, providing timely technical assistance to Federal and non-federal entities with respect to cybersecurity threats and attribution, vulnerability mitigation, and incident response and remediation; and

3 dlhill on DSK7TPTVN1PROD with BILLS 1 (7) providing recommendations on security and resilience measures to Federal and non-federal entities. (b) COMPOSITION. The operations center shall be composed of (1) personnel or other representatives of Fed- 7 eral agencies, including civilian and law enforcement 8 agencies and elements of the intelligence community, 9 as such term is defined under section () of the 10 National Security Act of 197 (0 U.S.C. 00()); 11 and 1 () representatives from State and local gov- 1 ernments and other non-federal entities, includ- 1 ing 1 (A) representatives from information 1 sharing and analysis organizations; and 17 (B) private sector owners and operators 18 of critical information systems. 19 (c) ANNUAL REPORT. Not later than 1 year after 0 the date of enactment of the National Cybersecurity and 1 Communications Integration Center Act of 01, and every year thereafter for years, the Secretary shall sub- mit to the Committee on Homeland Security and Govern- mental Affairs of the Senate and the Committee on Home- VerDate Mar : Jun 8, 01 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\S19.IS S19

4 land Security of the House of Representatives a report on the operations center, which shall include (1) an analysis of the performance of the operations center in carrying out the functions under subsection (a); () information on the composition of the center, including (A) the number of representatives from non-federal entities that are participating in the operations center, including the number of representatives from States, nonprofit organizations, and private sector entities, respectively; and (B) the number of requests from non- Federal entities to participate in the operations center and the response to such requests, including (i) the average length of time to fulfill such identified requests by the Federal agency responsible for fulfilling such requests; and (ii) a description of any obstacles or challenges to fulfilling such requests; and dlhill on DSK7TPTVN1PROD with BILLS VerDate Mar : Jun 8, 01 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\S19.IS S19

5 dlhill on DSK7TPTVN1PROD with BILLS 1 () the policies and procedures established by the operations center to safeguard privacy and civil liberties. (d) GAO REPORT. Not later than 1 year after the date of enactment of the National Cybersecurity and Com- munications Integration Center Act of 01, the Comp- 7 troller General of the United States shall submit to the 8 Committee on Homeland Security and Governmental Af- 9 fairs of the Senate and the Committee on Homeland Secu- 10 rity of the House of Representatives a report on the effec- 11 tiveness of the operations center. 1 (e) NO RIGHT OR BENEFIT. The provision of as- 1 sistance or information to, and inclusion in the operations 1 center of, governmental or private entities under this sec- 1 tion shall be at the discretion of the Under Secretary ap- 1 pointed under section 10(a)(1)(H). The provision of cer- 17 tain assistance or information to, or inclusion in the oper- 18 ations center of, one governmental or private entity pursu- 19 ant to this section shall not create a right or benefit, sub- 0 stantive or procedural, to similar assistance or information 1 for any other governmental or private entity.. (b) TECHNICAL AND CONFORMING AMENDMENT. The table of contents in section 1(b) of the Homeland Security Act of 00 ( U.S.C. 101 note) is amended by VerDate Mar : Jun 8, 01 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\S19.IS S19

6 1 inserting after the item relating to section 10F the fol- lowing: Sec. 10G. Operations center.. Æ dlhill on DSK7TPTVN1PROD with BILLS VerDate Mar : Jun 8, 01 Jkt 0900 PO Frm 0000 Fmt Sfmt 01 E:\BILLS\S19.IS S19

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