H. Rept. 111-405 - 111th Congress (2009-2010)
January 27, 2010, As Reported by the Science and Technology Committee

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House Report 111-405 - CYBERSECURITY ENHANCEMENT ACT OF 2009




[House Report 111-405]
[From the U.S. Government Printing Office]


111th Congress  }                                           {    Report
  2d Session    }       HOUSE OF REPRESENTATIVES            {   111-405
                                                ======================================================================
 
                 CYBERSECURITY ENHANCEMENT ACT OF 2009 

                                _______
                                

January 27, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Gordon of Tennessee, from the Committee on Science and Technology, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4061]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science and Technology, to whom was 
referred the bill (H.R. 4061) to advance cybersecurity 
research, development, and technical standards, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
   I. Bill............................................................2
  II. Purpose of the Bill.............................................9
 III. Background and Need for the Legislation.........................9
  IV. Hearing Summary................................................10
   V. Committee Actions..............................................12
  VI. Summary of Major Provisions of the Bill........................13
 VII. Section-by-Section Analysis....................................13
VIII. Committee Views................................................15
  IX. Cost Estimate..................................................17
   X. Congressional Budget Office Cost Estimate......................17
  XI. Compliance with Public Law 104-4...............................19
 XII. Committee Oversight Findings and Recommendations...............19
XIII. Statement on General Performance Goals and Objectives..........19
 XIV. Constitutional Authority Statement.............................19
  XV. Federal Advisory Committee Statement...........................20
 XVI. Congressional Accountability Act...............................20
XVII. Earmark Identification.........................................20
XVIII.Statement on Preemption of State, Local, or Tribal Law.........20

 XIX. Changes in Existing Law Made by the Bill, as Reported..........20
  XX. Committee Recommendations......................................27
 XXI. Proceedings of the Subcommittee Markups........................28
      a. Research and Science Education Subcommittee.................28
      b. Technology and Innovation Subcommittee......................64
XXII. Proceedings of the Full Committee Markup.......................80

                                I. Bill

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Cybersecurity Enhancement Act of 
2009''.

                   TITLE I--RESEARCH AND DEVELOPMENT

SEC. 101. DEFINITIONS.

  In this title:
          (1) National coordination office.--The term National 
        Coordination Office means the National Coordination Office for 
        the Networking and Information Technology Research and 
        Development program.
          (2) Program.--The term Program means the Networking and 
        Information Technology Research and Development program which 
        has been established under section 101 of the High-Performance 
        Computing Act of 1991 (15 U.S.C. 5511).

SEC. 102. FINDINGS.

  Section 2 of the Cyber Security Research and Development Act (15 
U.S.C. 7401) is amended--
          (1) by amending paragraph (1) to read as follows:
          ``(1) Advancements in information and communications 
        technology have resulted in a globally interconnected network 
        of government, commercial, scientific, and education 
        infrastructures, including critical infrastructures for 
        electric power, natural gas and petroleum production and 
        distribution, telecommunications, transportation, water supply, 
        banking and finance, and emergency and government services.'';
          (2) in paragraph (2), by striking ``Exponential increases in 
        interconnectivity have facilitated enhanced communications, 
        economic growth,'' and inserting ``These advancements have 
        significantly contributed to the growth of the United States 
        economy'';
          (3) by amending paragraph (3) to read as follows:
          ``(3) The Cyberspace Policy Review published by the President 
        in May, 2009, concluded that our information technology and 
        communications infrastructure is vulnerable and has `suffered 
        intrusions that have allowed criminals to steal hundreds of 
        millions of dollars and nation-states and other entities to 
        steal intellectual property and sensitive military 
        information'.'';
          (4) by redesignating paragraphs (4) through (6) as paragraphs 
        (5) through (7), respectively;
          (5) by inserting after paragraph (3) the following new 
        paragraph:
          ``(4) In a series of hearings held before Congress in 2009, 
        experts testified that the Federal cybersecurity research and 
        development portfolio was too focused on short-term, 
        incremental research and that it lacked the prioritization and 
        coordination necessary to address the long-term challenge of 
        ensuring a secure and reliable information technology and 
        communications infrastructure.''; and
          (6) by amending paragraph (7), as so redesignated by 
        paragraph (4) of this section, to read as follows:
          ``(7) While African-Americans, Hispanics, and Native 
        Americans constitute 33 percent of the college-age population, 
        members of these minorities comprise less than 20 percent of 
        bachelor degree recipients in the field of computer 
        sciences.''.

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 (15 U.S.C. 
5511(a)(3)(B)(i) through (x)) or designated under section 
101(a)(3)(B)(xi) of such Act, working through the National Science and 
Technology Council and with the assistance of the National Coordination 
Office, shall transmit to Congress a strategic plan based on an 
assessment of cybersecurity risk to guide the overall direction of 
Federal cybersecurity and information assurance research and 
development for information technology and networking systems. Once 
every 3 years after the initial strategic plan is transmitted to 
Congress under this section, such agencies shall prepare and transmit 
to Congress an update of such plan.
  (b) Contents of Plan.--The strategic plan required under subsection 
(a) shall--
          (1) specify and prioritize near-term, mid-term and long-term 
        research objectives, including objectives associated with the 
        research areas identified in section 4(a)(1) of the Cyber 
        Security Research and Development Act (15 U.S.C. 7403(a)(1)) 
        and how the near-term objectives complement research and 
        development areas in which the private sector is actively 
        engaged;
          (2) describe how the Program will focus on innovative, 
        transformational technologies with the potential to enhance the 
        security, reliability, resilience, and trustworthiness of the 
        digital infrastructure;
          (3) describe how the Program will foster the transfer of 
        research and development results into new cybersecurity 
        technologies and applications for the benefit of society and 
        the national interest, including through the dissemination of 
        best practices and other outreach activities;
          (4) describe how the Program will establish and maintain a 
        national research infrastructure for creating, testing, and 
        evaluating the next generation of secure networking and 
        information technology systems;
          (5) describe how the Program will facilitate access by 
        academic researchers to the infrastructure described in 
        paragraph (4), as well as to relevant data, including event 
        data; and
          (6) describe how the Program will engage females and 
        individuals identified in section 33 or 34 of the Science and 
        Engineering Equal Opportunities Act (42 U.S.C. 1885a or 1885b) 
        to foster a more diverse workforce in this area.
  (c) Development of Roadmap.--The agencies described in subsection (a) 
shall develop and annually update an implementation roadmap for the 
strategic plan required in this section. Such roadmap shall--
          (1) specify the role of each Federal agency in carrying out 
        or sponsoring research and development to meet the research 
        objectives of the strategic plan, including a description of 
        how progress toward the research objectives will be evaluated;
          (2) specify the funding allocated to each major research 
        objective of the strategic plan and the source of funding by 
        agency for the current fiscal year; and
          (3) estimate the funding required for each major research 
        objective of the strategic plan for the following 3 fiscal 
        years.
  (d) Recommendations.--In developing and updating the strategic plan 
under subsection (a), the agencies involved shall solicit 
recommendations and advice from--
          (1) the advisory committee established under section 
        101(b)(1) of the High-Performance Computing Act of 1991 (15 
        U.S.C. 5511(b)(1)); and
          (2) a wide range of stakeholders, including industry, 
        academia, including representatives of minority serving 
        institutions, and other relevant organizations and 
        institutions.
  (e) Appending to Report.--The implementation roadmap required under 
subsection (c), and its annual updates, shall be appended to the report 
required under section 101(a)(2)(D) of the High-Performance Computing 
Act of 1991 (15 U.S.C. 5511(a)(2)(D)).

SEC. 104. SOCIAL AND BEHAVIORAL RESEARCH IN CYBERSECURITY.

  Section 4(a)(1) of the Cyber Security Research and Development Act 
(15 U.S.C. 7403(a)(1)) is amended--
          (1) by inserting ``and usability'' after ``to the 
        structure'';
          (2) in subparagraph (H), by striking ``and'' after the 
        semicolon;
          (3) in subparagraph (I), by striking the period at the end 
        and inserting ``; and''; and
          (4) by adding at the end the following new subparagraph:
                  ``(J) social and behavioral factors, including human-
                computer interactions, usability, user motivations, and 
                organizational cultures.''.

SEC. 105. NATIONAL SCIENCE FOUNDATION CYBERSECURITY RESEARCH AND 
                    DEVELOPMENT PROGRAMS.

  (a) Computer and Network Security Research Areas.--Section 4(a)(1) of 
the Cyber Security Research and Development Act (15 U.S.C. 7403(a)(1)) 
is amended in subparagraph (A) by inserting ``identity management,'' 
after ``cryptography,''.
  (b) Computer and Network Security Research Grants.--Section 4(a)(3) 
of such Act (15 U.S.C. 7403(a)(3)) is amended by striking subparagraphs 
(A) through (E) and inserting the following new subparagraphs:
                  ``(A) $68,700,000 for fiscal year 2010;
                  ``(B) $73,500,000 for fiscal year 2011;
                  ``(C) $78,600,000 for fiscal year 2012;
                  ``(D) $84,200,000 for fiscal year 2013; and
                  ``(E) $90,000,000 for fiscal year 2014.''.
  (c) Computer and Network Security Research Centers.--Section 4(b) of 
such Act (15 U.S.C. 7403(b)) is amended--
          (1) in paragraph (4)--
                  (A) in subparagraph (C), by striking ``and'' after 
                the semicolon;
                  (B) in subparagraph (D), by striking the period and 
                inserting ``; and''; and
                  (C) by adding at the end the following new 
                subparagraph:
                  ``(E) how the center will partner with government 
                laboratories, for-profit entities, other institutions 
                of higher education, or nonprofit research 
                institutions.''; and
          (2) by amending paragraph (7) to read as follows:
          ``(7) Authorization of appropriations.--There are authorized 
        to be appropriated to the National Science Foundation such sums 
        as are necessary to carry out this subsection for each of the 
        fiscal years 2010 through 2014.''.
  (d) Computer and Network Security Capacity Building Grants.--Section 
5(a)(6) of such Act (15 U.S.C. 7404(a)(6)) is amended to read as 
follows:
          ``(6) Authorization of appropriations.--There are authorized 
        to be appropriated to the National Science Foundation such sums 
        as are necessary to carry out this subsection for each of the 
        fiscal years 2010 through 2014.''.
  (e) Scientific and Advanced Technology Act Grants.--Section 5(b)(2) 
of such Act (15 U.S.C. 7404(b)(2)) is amended to read as follows:
          ``(2) Authorization of appropriations.--There are authorized 
        to be appropriated to the National Science Foundation such sums 
        as are necessary to carry out this subsection for each of the 
        fiscal years 2010 through 2014.''.
  (f) Graduate Traineeships in Computer and Network Security.--Section 
5(c)(7) of such Act (15 U.S.C. 7404(c)(7)) is amended to read as 
follows:
          ``(7) Authorization of appropriations.--There are authorized 
        to be appropriated to the National Science Foundation such sums 
        as are necessary to carry out this subsection for each of the 
        fiscal years 2010 through 2014.''.
  (g) Postdoctoral Research Fellowships in Cybersecurity.--Section 5(e) 
of such Act (15 U.S.C. 7404(e)) is amended to read as follows:
  ``(e) Postdoctoral Research Fellowships in Cybersecurity.--
          ``(1) In general.--The Director shall carry out a program to 
        encourage young scientists and engineers to conduct 
        postdoctoral research in the fields of cybersecurity and 
        information assurance, including the research areas described 
        in section 4(a)(1), through the award of competitive, merit-
        based fellowships.
          ``(2) Authorization of appropriations.--There are authorized 
        to be appropriated to the National Science Foundation such sums 
        as are necessary to carry out this subsection for each of the 
        fiscal years 2010 through 2014.''.

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.
  (b) Characteristics of Program.--The program under this section 
shall--
          (1) provide, through qualified institutions of higher 
        education, scholarships that provide tuition, fees, and a 
        competitive stipend for up to 2 years to students pursing a 
        bachelor's or master's degree and up to 3 years to students 
        pursuing a doctoral degree in a cybersecurity field;
          (2) provide the scholarship recipients with summer internship 
        opportunities or other meaningful temporary appointments in the 
        Federal information technology workforce; and
          (3) increase the capacity of institutions of higher education 
        throughout all regions of the United States to produce highly 
        qualified cybersecurity professionals, through the award of 
        competitive, merit-reviewed grants that support such activities 
        as--
                  (A) faculty professional development, including 
                technical, hands-on experiences in the private sector 
                or government, workshops, seminars, conferences, and 
                other professional development opportunities that will 
                result in improved instructional capabilities;
                  (B) institutional partnerships, including minority 
                serving institutions; and
                  (C) development of cybersecurity-related courses and 
                curricula.
  (c) Scholarship Requirements.--
          (1) Eligibility.--Scholarships under this section shall be 
        available only to students who--
                  (A) are citizens or permanent residents of the United 
                States;
                  (B) are full-time students in an eligible degree 
                program, as determined by the Director, that is focused 
                on computer security or information assurance at an 
                awardee institution; and
                  (C) accept the terms of a scholarship pursuant to 
                this section.
          (2) Selection.--Individuals shall be selected to receive 
        scholarships primarily on the basis of academic merit, with 
        consideration given to financial need and to the goal of 
        promoting the participation of individuals identified in 
        section 33 or 34 of the Science and Engineering Equal 
        Opportunities Act (42 U.S.C. 1885a or 1885b).
          (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 equal to the length of 
        the scholarship. If a scholarship recipient is not offered 
        employment by a Federal agency or a federally funded research 
        and development center, the service requirement can be 
        satisfied at the Director's discretion by--
                  (A) serving as a cybersecurity professional in a 
                State, local, or tribal government agency; or
                  (B) teaching cybersecurity courses at an institution 
                of higher education.
          (4) Conditions of support.--As a condition of acceptance of a 
        scholarship under this section, a recipient shall agree to 
        provide the awardee institution with annual verifiable 
        documentation of employment and up-to-date contact information.
  (d) Failure to Complete Service Obligation.--
          (1) General rule.--If an individual who has received a 
        scholarship under this section--
                  (A) fails to maintain an acceptable level of academic 
                standing in the educational institution in which the 
                individual is enrolled, as determined by the Director;
                  (B) is dismissed from such educational institution 
                for disciplinary reasons;
                  (C) withdraws from the program for which the award 
                was made before the completion of such program;
                  (D) declares that the individual does not intend to 
                fulfill the service obligation under this section; or
                  (E) fails to fulfill the service obligation of the 
                individual under this section,
        such individual shall be liable to the United States as 
        provided in paragraph (3).
          (2) Monitoring compliance.--As a condition of participating 
        in the program, a qualified institution of higher education 
        receiving a grant under this section shall--
                  (A) enter into an agreement with the Director of the 
                National Science Foundation to monitor the compliance 
                of scholarship recipients with respect to their service 
                obligation; and
                  (B) provide to the Director, on an annual basis, 
                post-award employment information required under 
                subsection (c)(4) for scholarship recipients through 
                the completion of their service obligation.
          (3) Amount of repayment.--
                  (A) Less than one year of service.--If a circumstance 
                described in paragraph (1) occurs before the completion 
                of 1 year of a service obligation under this section, 
                the total amount of awards received by the individual 
                under this section shall be repaid or such amount shall 
                be treated as a loan to be repaid in accordance with 
                subparagraph (C).
                  (B) More than one year of service.--If a circumstance 
                described in subparagraph (D) or (E) of paragraph (1) 
                occurs after the completion of 1 year of a service 
                obligation under this section, the total amount of 
                scholarship awards received by the individual under 
                this section, reduced by the ratio of the number of 
                years of service completed divided by the number of 
                years of service required, shall be repaid or such 
                amount shall be treated as a loan to be repaid in 
                accordance with subparagraph (C).
                  (C) Repayments.--A loan described in subparagraph (A) 
                or (B) shall be treated as a Federal Direct 
                Unsubsidized Stafford Loan under part D of title IV of 
                the Higher Education Act of 1965 (20 U.S.C. 1087a and 
                following), and shall be subject to repayment, together 
                with interest thereon accruing from the date of the 
                scholarship award, in accordance with terms and 
                conditions specified by the Director (in consultation 
                with the Secretary of Education) in regulations 
                promulgated to carry out this paragraph.
          (4) Collection of repayment.--
                  (A) In general.--In the event that a scholarship 
                recipient is required to repay the scholarship under 
                this subsection, the institution providing the 
                scholarship shall--
                          (i) be responsible for determining the 
                        repayment amounts and for notifying the 
                        recipient and the Director of the amount owed; 
                        and
                          (ii) collect such repayment amount within a 
                        period of time as determined under the 
                        agreement described in paragraph (2), or the 
                        repayment amount shall be treated as a loan in 
                        accordance with paragraph (3)(C).
                  (B) Returned to treasury.--Except as provided in 
                subparagraph (C) of this paragraph, any such repayment 
                shall be returned to the Treasury of the United States.
                  (C) Retain percentage.--An institution of higher 
                education may retain a percentage of any repayment the 
                institution collects under this paragraph to defray 
                administrative costs associated with the collection. 
                The Director shall establish a single, fixed percentage 
                that will apply to all eligible entities.
          (5) Exceptions.--The Director may provide for the partial or 
        total waiver or suspension of any service or payment obligation 
        by an individual under this section whenever compliance by the 
        individual with the obligation is impossible or would involve 
        extreme hardship to the individual, or if enforcement of such 
        obligation with respect to the individual would be 
        unconscionable.
  (e) Hiring Authority.--For purposes of any law or regulation 
governing the appointment of individuals in the Federal civil service, 
upon successful completion of their degree, students receiving a 
scholarship under this section shall be hired under the authority 
provided for in section 213.3102(r) of title 5, Code of Federal 
Regulations, and be exempted from competitive service. Upon fulfillment 
of the service term, such individuals shall be converted to a 
competitive service position without competition if the individual 
meets the requirements for that position.
  (f) Authorization of Appropriations.--There are authorized to 
appropriated to the National Science Foundation to carry out this 
section--
          (1) $18,700,000 for fiscal year 2010;
          (2) $20,100,000 for fiscal year 2011;
          (3) $21,600,000 for fiscal year 2012;
          (4) $23,300,000 for fiscal year 2013; and
          (5) $25,000,000 for fiscal year 2014.

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--
          (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, and an 
        analysis of the capacity of such agencies and departments to 
        meet those needs;
          (2) an analysis of the sources and availability of 
        cybersecurity talent, a comparison of the skills and expertise 
        sought by the Federal Government and the private sector, and an 
        examination of the current and future capacity of United States 
        institutions of higher education to provide cybersecurity 
        professionals with those skills sought by the Federal 
        Government and the private sector;
          (3) an examination of the effectiveness of the National 
        Centers of Academic Excellence in Information Assurance 
        Education, the Centers of Academic Excellence in Research, and 
        the Federal Cyber Scholarship for Service programs in promoting 
        higher education and research in cybersecurity and information 
        assurance and in producing a growing number of professionals 
        with the necessary cybersecurity and information assurance 
        expertise;
          (4) an analysis of any barriers to the Federal Government 
        recruiting and hiring cybersecurity talent, including barriers 
        relating to compensation, the hiring process, job 
        classification, and hiring flexibilities; and
          (5) recommendations for Federal policies to ensure an 
        adequate, well-trained Federal cybersecurity workforce.

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.
  (b) Functions.--The task force shall--
          (1) develop options for a collaborative model and an 
        organizational structure for such entity under which the joint 
        research and development activities could be planned, managed, 
        and conducted effectively, including mechanisms for the 
        allocation of resources among the participants in such entity 
        for support of such activities;
          (2) propose a process for developing a research and 
        development agenda for such entity, including guidelines to 
        ensure an appropriate scope of work focused on nationally 
        significant challenges and requiring collaboration;
          (3) define the roles and responsibilities for the 
        participants from institutions of higher education and industry 
        in such entity;
          (4) propose guidelines for assigning intellectual property 
        rights and for the transfer of research and development results 
        to the private sector; and
          (5) make recommendations for how such entity could be funded 
        from Federal, State, and nongovernmental sources.
  (c) Composition.--In establishing the task force under subsection 
(a), the Director of the Office of Science and Technology Policy shall 
appoint an equal number of individuals from institutions of higher 
education and from industry with knowledge and expertise in 
cybersecurity.
  (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.

SEC. 109. CYBERSECURITY CHECKLIST DEVELOPMENT AND DISSEMINATION.

  Section 8(c) of the Cyber Security Research and Development Act (15 
U.S.C. 7406(c)) is amended to read as follows:
  ``(c) Checklists for Government Systems.--
          ``(1) In general.--The Director of the National Institute of 
        Standards and Technology shall develop or identify and revise 
        or adapt as necessary, checklists, configuration profiles, and 
        deployment recommendations for products and protocols that 
        minimize the security risks associated with each computer 
        hardware or software system that is, or is likely to become, 
        widely used within the Federal Government.
          ``(2) Priorities for development.--The Director of the 
        National Institute of Standards and Technology shall establish 
        priorities for the development of checklists under this 
        subsection. Such priorities may be based on the security risks 
        associated with the use of each system, the number of agencies 
        that use a particular system, the usefulness of the checklist 
        to Federal agencies that are users or potential users of the 
        system, or such other factors as the Director determines to be 
        appropriate.
          ``(3) Excluded systems.--The Director of the National 
        Institute of Standards and Technology may exclude from the 
        requirements of paragraph (1) any computer hardware or software 
        system for which the Director determines that the development 
        of a checklist is inappropriate because of the infrequency of 
        use of the system, the obsolescence of the system, or the 
        inutility or impracticability of developing a checklist for the 
        system.
          ``(4) Automation specifications.--The Director of the 
        National Institute of Standards and Technology shall develop 
        automated security specifications (such as the Security Content 
        Automation Protocol) with respect to checklist content and 
        associated security related data.
          ``(5) Dissemination of checklists.--The Director of the 
        National Institute of Standards and Technology shall ensure 
        that Federal agencies are informed of the availability of any 
        product developed or identified under the National Checklist 
        Program for any information system, including the Security 
        Content Automation Protocol and other automated security 
        specifications.
          ``(6) Agency use requirements.--The development of a 
        checklist under paragraph (1) for a computer hardware or 
        software system does not--
                  ``(A) require any Federal agency to select the 
                specific settings or options recommended by the 
                checklist for the system;
                  ``(B) establish conditions or prerequisites for 
                Federal agency procurement or deployment of any such 
                system;
                  ``(C) imply an endorsement of any such system by the 
                Director of the National Institute of Standards and 
                Technology; or
                  ``(D) preclude any Federal agency from procuring or 
                deploying other computer hardware or software systems 
                for which no such checklist has been developed or 
                identified under paragraph (1).''.

SEC. 110. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY CYBERSECURITY 
                    RESEARCH AND DEVELOPMENT.

  Section 20 of the National Institute of Standards and Technology Act 
(15 U.S.C. 278g-3) is amended by redesignating subsection (e) as 
subsection (f), and by inserting after subsection (d) the following:
  ``(e) Intramural Security Research.--As part of the research 
activities conducted in accordance with subsection (d)(3), the 
Institute shall--
          ``(1) conduct a research program to develop a unifying and 
        standardized identity, privilege, and access control management 
        framework for the execution of a wide variety of resource 
        protection policies and that is amenable to implementation 
        within a wide variety of existing and emerging computing 
        environments;
          ``(2) carry out research associated with improving the 
        security of information systems and networks;
          ``(3) carry out research associated with improving the 
        testing, measurement, usability, and assurance of information 
        systems and networks; and
          ``(4) carry out research associated with improving security 
        of industrial control systems.''.

       TITLE II--ADVANCEMENT OF CYBERSECURITY TECHNICAL STANDARDS

SEC. 201. DEFINITIONS.

  In this title:
          (1) Director.--The term ``Director'' means the Director of 
        the National Institute of Standards and Technology.
          (2) Institute.--The term ``Institute'' means the National 
        Institute of Standards and Technology.

SEC. 202. INTERNATIONAL CYBERSECURITY TECHNICAL STANDARDS.

  The Director, in coordination with appropriate Federal authorities, 
shall--
          (1) ensure coordination of United States Government 
        representation in the international development of technical 
        standards related to cybersecurity; and
          (2) not later than 1 year after the date of enactment of this 
        Act, develop and transmit to the Congress a proactive plan to 
        engage international standards bodies with respect to the 
        development of technical standards related to cybersecurity.

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 of cybersecurity risks, 
consequences, and best practices through--
          (1) the widespread dissemination of cybersecurity technical 
        standards and best practices identified by the Institute; and
          (2) efforts to make cybersecurity technical standards and 
        best practices usable by individuals, small to medium-sized 
        businesses, State, local, and tribal governments, and 
        educational institutions.
  (b) Manufacturing Extension Partnership.--The Director shall, to the 
extent appropriate, implement subsection (a) through the Manufacturing 
Extension Partnership program under section 25 of the National 
Institute of Standards and Technology Act (15 U.S.C. 278k).
  (c) 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.

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--
          (1) improve interoperability among identity management 
        technologies;
          (2) strengthen authentication methods of identity management 
        systems;
          (3) improve privacy protection in identity management 
        systems, including health information technology systems, 
        through authentication and security protocols; and
          (4) improve the usability of identity management systems.

                        II. Purpose of the Bill

    The purpose of this bill is to improve cybersecurity in the 
Federal, private, and public sectors through: coordination and 
prioritization of federal cybersecurity research and 
development activities; strengthening of the cybersecurity 
workforce; coordination of U.S. representation in international 
cybersecurity technical standards development; and 
reauthorization of cybersecurity related programs at the 
National Science Foundation (NSF) and the National Institute of 
Standards and Technology (NIST).

              III. Background and Need for the Legislation

    Information technology (IT) has evolved rapidly over the 
last decade, leading to markedly increased connectivity and 
productivity. The benefits provided by these advancements have 
led to the widespread use and incorporation of information 
technologies across major sectors of the economy. This level of 
connectivity and the dependence of our critical infrastructures 
on IT have also increased the vulnerability of these systems. 
Reports of cyber criminals and possibly nation-states accessing 
sensitive information and disrupting services have risen 
steadily over the last decade, heightening concerns over the 
adequacy of our cybersecurity measures.
    The Office of Management and Budget cites that federal 
agencies spend $6 billion on cybersecurity to protect a $72 
billion IT infrastructure. In addition, the Federal government 
funds approximately $350 million in cybersecurity research and 
development (R&D) each year. Despite this Federal spending, the 
Government Accountability Office testified as recently as June 
2009 that the U.S. IT infrastructure is vulnerable to attack 
and the Federal agencies tasked with its protection are not 
fulfilling their responsibilities.
    On May 29, 2009, the Obama Administration released the 
Cyberspace Policy Review, a 60-day review of cyberspace 
policies across the Federal government. The findings of the 
review include: strengthening partnerships between the Federal 
government and the private sector to guarantee a secure and 
reliable infrastructure, increasing public awareness of the 
risks associated with cybersecurity, expanding and training the 
Federal cybersecurity workforce, advancing cybersecurity R&D, 
and better coordination among Federal agencies.
    Specifically, the review recommends the development of an 
R&D framework that focuses on strategies for innovative 
technologies and calls for a single entity to coordinate United 
States representation in international cybersecurity technical 
standards setting bodies. In the mid-term, it recommends that 
Federal agencies expand support for cybersecurity education and 
R&D to ensure the Nation's continued ability to compete in the 
information age economy.
    The task of coordinating unclassified cybersecurity R&D 
lies with the Networking and Information Technology Research 
and Development (NITRD) program, which was originally 
authorized in statute by the High-Performance Computing Act of 
1991 (P.L. 102-194). The NITRD program, which consists of 13 
Federal agencies, coordinates a broad spectrum of R&D 
activities related to information technology. It also includes 
an interagency working group and program component area focused 
specifically on cybersecurity and information R&D. However, 
many expert panels, including the President's Council of 
Advisors on Science and Technology, have argued that the 
portfolio of Federal investments in cybersecurity R&D is not 
properly balanced and is focused on short-term reactive 
technologies at the expense of long-term, fundamental R&D.
    With a budget of $127 million for FY 2010, NSF is the 
principal agency supporting unclassified cybersecurity R&D and 
education. NSF's cybersecurity research activities are 
primarily funded through the Directorate for Computer & 
Information Science & Engineering (CISE). CISE supports 
cybersecurity R&D through a targeted program, Trustworthy 
Computing, as well as through a number of its core activities 
in Computer Systems Research, Computing Research 
Infrastructure, and Network and Science Engineering. In 
addition to its basic research activities, NSF's Directorate 
for Education & Human Resources (EHR) manages the Scholarship 
for Service program which provides funding to colleges and 
universities for the award of 2-year scholarships in 
information assurance and computer security fields.
    NIST is tasked with protecting the Federal information 
technology network by developing and promulgating cybersecurity 
standards for Federal non-classified network systems (Federal 
Information Processing Standard [FIPS]), identifying methods 
for assessing effectiveness of security requirements, 
conducting tests to validate security in information systems, 
and conducting outreach exercises. Experts have stated that 
NIST's technical standards and best practices are too highly 
technical for general public use, and making this information 
more usable to average computer users with less technical 
expertise will help raise the base level of cybersecurity 
knowledge among individuals, business, education, and 
government.
    Currently, the United States is represented on 
international bodies dealing with cybersecurity by an array of 
organizations, including the Department of State, Department of 
Commerce, Federal Communications Commission, and the United 
States Trade Representative without a coordinated and 
comprehensive strategy or plan. The Cyberspace Policy Review 
called for a comprehensive international cybersecurity strategy 
that defines what cybersecurity standards we need, where they 
are being developed, and ensures that the United States Federal 
government has agency representation for each. At a hearing 
before the Committee's Technology and Innovation Subcommittee, 
witnesses stated that NIST is the appropriate Federal agency to 
coordinate the development of this strategy due to its status 
as a non-regulatory agency known and respected among 
international and private sector stakeholders.
    In the 107th Congress, the Science and Technology Committee 
developed the Cyber Security Research and Development Act (P.L. 
107-305). The bill created new programs and expanded existing 
programs at NSF and NIST for computer and network security. The 
authorizations established under the Cyber Security Research 
and Development Act expired in fiscal year 2007.

                          IV. Hearing Summary

    During the 111th Congress, the Committee on Science and 
Technology held four hearings relevant to H.R. 4061.
    On June 10, 2009, the Subcommittee on Research and Science 
Education held a hearing focused on priorities and existing 
gaps in the cybersecurity research and development portfolio, 
as well as the adequacy of cybersecurity education and 
workforce training programs. The Subcommittee heard from 
witnesses from academia and the private sector, including: (1) 
Dr. Seymour Goodman, Professor of International Affairs and 
Computing and Co-Director, Georgia Tech Information Security 
Center, Georgia Institute of Technology; (2) Ms. Liesyl Franz, 
Vice President, Information Security and Global Public Policy, 
TechAmerica; (3) Dr. Anita D'Amico, Director, Secure Decisions 
Division, Applied Visions, Inc.; (4) Dr. Fred Schneider, Samuel 
B. Eckert Professor of Computer Science, Department of Computer 
Science, Cornell University; (5) Mr. Timothy Brown, Vice 
President and Chief Architect, CA Security Management.
    On June 16, 2009, the Subcommittee on Research and Science 
Education and the Subcommittee on Technology and Innovation 
held a joint hearing entitled ``Agency Response to Cyberspace 
Policy Review.'' The hearing reviewed the response of the 
Department of Homeland Security (DHS), NIST, NSF, and the 
Defense Advanced Research Projects Agency (DARPA) to the 
findings and recommendations in the Administration's Cyberspace 
Policy Review. There were four witnesses: (1) Ms. Cita Furlani, 
Director, Information Technology Laboratory, NIST; (2) Dr. 
Jeannette Wing, Assistant Director, Directorate for Computer & 
Information Science & Engineering, NSF; (3) Dr. Robert F. 
Leheny, Acting Director, DARPA; and (4) Dr. Peter Fonash, 
Acting Deputy Assistant Secretary, Office of Cyber Security 
Communications, DHS.
    On June 25, 2009, the Subcommittee on Technology and 
Innovation held a hearing to assess the cybersecurity efforts 
of DHS and NIST. Witnesses from the hearing indicated that 
cybersecurity performance should be more systematically 
assessed through enhanced metrics and success criteria. 
Witnesses also highlighted the need to improve the monitoring 
of Federal networks and the role Federal cybersecurity 
activities can have on privately-owned critical infrastructure. 
There were four witnesses: (1) Mr. Greg Wilshusen, Director, 
Information Security Issues, Government Accountability Office 
(GAO); (2) Mr. Mark Bregman, Executive Vice President and Chief 
Technology Officer, Symantec Corporation; (3) Mr. Scott 
Charney, Corporate Vice President, Trustworthy Computing Group, 
Microsoft Corporation; and (4) Mr. Jim Harper, Director, 
Information Policy Studies, Cato Institute.
    On October 22, 2009, the Subcommittee on Technology and 
Innovation held a hearing entitled ``Cybersecurity Activities 
at NIST's Information Technology Laboratories.'' The hearing 
examined recommendations made in the Cyberspace Policy Review, 
culminating in three recommendations for NIST: (1) NIST should 
coordinate U.S. Federal representation in international 
cybersecurity technical standards development because it has 
the technical expertise required; (2) NIST should carry out 
cybersecurity awareness activities; and (3) NIST should 
increase efforts in the area of identity management. Six 
witnesses testified: (1) Ms. Cita Furlani, Director, 
Information Technology Laboratory, NIST; (2) Dr. Susan Landau, 
Distinguished Engineer, Sun Microsystems; (3) Professor Fred 
Schneider, Samuel B. Eckert Professor, Computer Science, 
Cornell University; (4) Dr. Phyllis Schneck, Vice President, 
Threat Intelligence, McAfee; (5) Mr. William Wyatt Starnes, 
Founder and CEO, SignaCert, Inc.; (6) Mr. Mark Bohannon, 
General Counsel and Senior Vice President, Public Policy, 
Software and Information Industry Association.

                          V. Committee Actions

    As summarized in Section IV of this report, the Committee 
on Science and Technology heard testimony relevant to H.R. 4061 
in the 111th Congress at hearings held on June 10, June 16, 
June 25 and October 22, 2009.
    H.R. 4061 is a combination of two Committee discussion 
drafts: the Cybersecurity Research and Development Amendments 
Act of 2009 and the Cybersecurity Coordination and Awareness 
Act of 2009.
    On September, 23, 2009, the Subcommittee on Research and 
Science Education met to consider the Cybersecurity Research 
and Development Amendments Act of 2009 and the following 
amendments to the bill:
    
 Mr. Lipinski offered an amendment to reauthorize 
NSF's cybersecurity research centers program, and to clarify 
the responsibilities and requirements of scholarship recipients 
and awardee institutions in the monitoring and reporting of 
information related to a scholarship recipient's service 
obligation. The amendment was agreed to by a voice vote.
    
 Ms. Johnson offered an amendment requiring that 
the strategic plan describe how the program will increase the 
diversity of the cybersecurity workforce and specifying that 
the goal of promoting diversity be considered in the selection 
of scholarship recipients. The amendment was agreed to by a 
voice vote.
    Mr. Lipinski moved that the Subcommittee favorably report 
the bill, as amended, to the full Committee. The motion was 
agreed to by a voice vote.
    On November 4, 2009, the Subcommittee on Technology and 
Innovation met to consider the Cybersecurity Coordination and 
Awareness Act of 2009. The Subcommittee considered a joint 
manager's amendment offered by Representatives Wu and Smith to 
make technical and clarifying changes, which was agreed to by a 
voice vote.
    Mr. Wu moved that the Subcommittee favorably report the 
bill, as amended, to the full Committee with the recommendation 
that the bill pass. The motion was agreed to by voice vote.
    On November 7, 2009, Representative Lipinski, for himself, 
Mr. McCaul, Mr. Wu , Mr. Ehlers, Ms. Johnson, Mr. Smith (NE), 
Mr. Gordon, Mr. Hall, Mr. Lujan, and Mr. Rothman, introduced 
H.R. 4061, the Cybersecurity Enhancement Act of 2009, a bill to 
advance cybersecurity research, development, and technical 
standards, and for other purposes.
    On November 18, 2009, the Committee on Science and 
Technology met to consider H.R. 4061 and the following 
amendments to the bill:
    
 An amendment in the nature of a substitute offered 
by Mr. Lipinski. The amendment makes several technical and 
clarifying changes to the bill, including the addition of items 
that were part of the Committee print reported by the 
Subcommittee on Research and Science Education. The amendment 
was adopted by voice vote.
    
 An amendment offered by Mr. Lujan clarifying that 
capacity building grants offered through the Scholarship for 
Service program should be available to qualified institutions 
of higher education ``throughout all regions of the United 
States,'' and that tribal governments are included as 
recipients of information on best practices and technical 
standards disseminated by NIST. The amendment was adopted by 
voice vote.
    
 An amendment offered by Mr. McCaul clarifying the 
manner in which security checklists produced by NIST shall be 
disseminated, and emphasizing that the implementation of such 
checklists by federal agencies should remain flexible. The 
amendment was adopted by voice vote.
    
 An amendment offered by Mr. Wu requiring the 
identity management R&D program established by NIST improves 
the ``usability of identity management systems.'' The amendment 
was adopted by voice vote.
    Mr. Wu moved that the Committee favorably report the bill, 
H.R. 4061, as amended, to the House. The motion was agreed to 
by a voice vote.

              VI. Summary of Major Provisions of the Bill

    
 Requires agencies participating in the NITRD 
program to develop, update, and implement a strategic plan 
guiding the overall direction of Federal cybersecurity and 
information assurance R&D.
    
 Reauthorizes cybersecurity workforce and 
traineeship programs at NSF, including through the Advanced 
Technological Education program, the Integrative Graduate 
Education and Research Traineeship program and the Graduate 
Research Fellowship program.
    
 Requires the President to conduct an assessment of 
cybersecurity workforce needs across the Federal government and 
formally authorizes NSF to carry out the Scholarship for 
Service program.
    
 Reauthorizes cybersecurity research at NSF, 
including through the Trustworthy Computing program.
    
 Requires the Director of the Office of Science and 
Technology Policy to convene a university-industry task force 
to explore mechanisms for carrying out collaborative R&D.
    
 Requires NIST to develop and implement a plan to 
coordinate U.S. representation in the development of 
international cybersecurity technical standards. Requires NIST 
to develop and implement a cybersecurity awareness and 
education program for the dissemination of user-friendly 
cybersecurity best practices and technical standards.

                    VII. Section-by-Section Analysis


                   TITLE I--RESEARCH AND DEVELOPMENT

Sec. 101. Definitions

    Defines the terms National Coordination Office and Program 
in the title.

Sec. 102. Findings

    Describes the findings of this title.

Sec. 103. Cybersecurity strategic R&D plan

    Requires the agencies to develop, update and implement a 
strategic plan for cybersecurity research and development 
(R&D). Requires that the strategic plan be based on an 
assessment of cybersecurity risk, that it specify and 
prioritize near-term, mid-term and long-term research 
objectives, and that it describe how the near-term objectives 
complement R&D occurring in the private sector.
    Requires the agencies to solicit input from an advisory 
committee and outside stakeholders in the development of the 
strategic plan. Additionally, requires the agencies to describe 
how they will promote innovation, foster technology transfer, 
and maintain a national infrastructure for the development of 
secure, reliable, and resilient networking and information 
technology systems.
    Requires the development of an implementation roadmap that 
specifies the role of each agency and the level of funding 
needed to meet each of the research objectives outlined in the 
strategic plan.

Sec. 104. Social and behavioral research in cybersecurity

    Requires the National Science Foundation (NSF) to support 
research on the social and behavioral aspects of cybersecurity 
as part of its total cybersecurity research portfolio.

Sec. 105. NSF cybersecurity R&D programs

    Reauthorizes the cybersecurity research program at the NSF 
and includes identity management as one of the research areas 
supported.
    Reauthorizes programs at NSF that provide funding for 
capacity building grants, graduate student fellowships, 
graduate student traineeships and research centers in 
cybersecurity.
    Requires NSF to establish a postdoctoral fellowship program 
in cybersecurity.

Sec. 106. Federal cyber scholarship for service program

    Authorizes the cybersecurity scholarship for service 
program at NSF. The program provides grants to institutions of 
higher education for the award of scholarships to students 
pursuing undergraduate and graduate degrees in cybersecurity 
fields and requires an equal number of years of service as a 
cybersecurity professional in the federal government as a 
condition of the scholarship.
    The program also provides capacity building grants to 
institutions of higher education, supporting such activities as 
faculty professional development and the development of 
cybersecurity-related curricula and courses.

Sec. 107. Cybersecurity workforce assessment

    Requires the President to issue a report assessing the 
current and future cybersecurity workforce needs of the federal 
government, including a comparison of the skills sought by 
Federal agencies and the private sector; an examination of the 
supply of cybersecurity talent and the capacity of institutions 
of higher education to produce cybersecurity professionals; and 
the identification of any barriers to the recruitment and 
hiring of cybersecurity professionals.

Sec. 108. Cybersecurity University--Industry Task Force

    Establishes a university-industry task force to explore 
mechanisms and models for carrying out public-private research 
partnerships in the area of cybersecurity.

Sec. 109. Cybersecurity checklist and dissemination

    Updates NIST's authority for the National Checklist Program 
(NCP), which provides detailed guidance on setting the security 
configuration of operating systems and applications and 
requires NIST to develop automated security specifications with 
respect to checklist content.

Sec. 110. NIST Cybersecurity R&D

    Amends the National Institute of Standards and Technology 
Act to authorize NIST, as part of its in-house research 
program, to continue efforts to develop a unifying and 
standardized identity, privilege, and access control management 
framework. Authorizes NIST to conduct research related to 
improving the security of information and networked systems, 
including the security of industrial control systems.

       TITLE II--ADVANCEMENT OF CYBERSECURITY TECHNICAL STANDARDS

Sec. 201. Definitions

    Defines the terms Director and Institute in the title.

Sec. 202. International cybersecurity technical standards

    Requires NIST to develop and implement a plan to ensure a 
coordinated United States Government representation in 
international cybersecurity technical standards development. 
This plan is due to Congress no later than one year after 
enactment.

Sec. 203. Promoting cybersecurity awareness and education

    Requires NIST to deliver a plan to Congress within 90 days 
describing how it will develop and implement a cybersecurity 
awareness and education program. Requires the program to be 
aimed at disseminating cybersecurity best practices and 
standards and shall include how NIST will make these usable by 
individuals, small business, state and local governments, and 
educational institutions. Requires the plan to include how NIST 
can utilize established Manufacturing Extension Partnership 
networks to have cybersecurity information readily available to 
small manufacturing companies.

Sec. 204. Identity management research and development

    Requires NIST to engage in research and development 
programs to improve identity management systems.

                         VIII. Committee Views


Cybersecurity strategic R&D plan and implementation roadmap

    The Committee expects the strategic plan to be a useful 
guide for setting program priorities and estimating time scales 
for reaching program objectives. The strategic plan should not 
be limited to time scales of 2-3 years, but should include mid-
term and long-term research objectives based on known research 
gaps and an assessment of cybersecurity risks to ensure that 
R&D objectives are informed and prioritized by the Nation's 
needs. Furthermore, the Committee intends for the development 
of the plan to be informed by the research needs of industry 
and academia and expects the National Coordination Office to 
actively solicit stakeholder input through meetings, requests 
for information and other appropriate means.
    The Committee believes the development of an implementation 
roadmap is essential to the furtherance of cybersecurity and 
information assurance R&D. The roadmap should be aligned with 
the program's strategic plan and overall objectives, and should 
be detailed enough to clearly define the roles and 
responsibilities of individual Federal agencies in the 
achievement of the overall R&D objectives. While each Federal 
agency has its own mission and objectives in the area of 
cybersecurity and information assurance, the Committee 
considers the development of an implementation roadmap 
essential to comprehensively addressing our cybersecurity 
challenges.

Cybersecurity education and workforce

    Over the next several years, the Bureau of Labor Statistics 
estimates that the number of jobs requiring a background in 
computer science or mathematics will average approximately 
150,000 annually. However, the number of computer science 
undergraduate degrees granted has dropped 34 percent from 2002 
to 2006. Additionally, according to the report entitled, 
``Cyber In-Security: Strengthening the Federal Cybersecurity 
Workforce,'' there is a shortfall of between 500 and 1000 
cybersecurity professionals each year across the Federal 
government. The Committee believes that the required assessment 
of Federal cybersecurity workforce needs, necessary skills, and 
the capacity of our colleges and universities to produce 
cybersecurity professionals is an essential first step in 
ensuring an adequate, well-trained workforce.
    When promoting cybersecurity awareness and education for 
the public, NIST should fully utilize existing resources within 
the Federal government, private industry, academia, and 
independent organizations to minimize duplicative effort.

Cybersecurity University--Industry Task Force

    In considering options for a collaborative model for 
carrying out cybersecurity research and development, it is the 
Committee's intention that the objective of such a potential 
entity would be to supplement, not supplant, the traditional 
functions and activities of the individual participating 
entities. Therefore, in developing guidelines in accordance 
with subsection (b)(2) of section 108, it is the Committee's 
expectation that the task force work to identify activities 
that (1) would address nationally significant challenges that 
advance common objectives; and (2) require collaboration that 
could not otherwise be reasonably addressed by individual 
entities acting independently.

NIST's checklist development and dissemination

    The Committee believes that advancements of technology have 
presented an opportunity to evolve security checklists into 
automated auditing programs capable of verifying information 
security policy compliance, as well as the measurement and 
management of vulnerabilities. NIST's Security Content 
Automation Protocol program is an excellent example of a 
public-private partnership developing interoperable security 
specifications to automate the assessment, documentation, and 
reporting of information security requirements. The Committee 
also believes that NIST should be more proactive in 
disseminating checklists to other Federal agencies.

United States Federal Government representation

    The Committee intends that NIST will develop an 
international cybersecurity technical standards engagement 
strategy, in coordination with relevant Federal agencies that: 
addresses the needs outlined in the Cyberspace Policy Review; 
accounts for the constant evolution and introduction of 
technology; and fosters technical cybersecurity standards that 
maintain security without interfering with the freedom of the 
internet. NIST will not dictate specific agency representation 
in international standards development, but should ensure that 
there is adequate United States government representation and 
coordination for all appropriate development activities. Given 
the global nature of networked systems, it is imperative that 
the Federal government has a coordinated, comprehensive 
strategy to address international cybersecurity technical 
standards needs.

                           IX. Cost Estimate

    A cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974 has been timely submitted to 
the Committee on Science and Technology prior to the filing of 
this report and is included in Section X of this report 
pursuant to House Rule XIII, clause 3(c)(3).
    H.R. 4061 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that the sums authorized under the bill are appropriated, 
H.R.4061 does authorize additional discretionary spending, as 
described in the Congressional Budget Office report on the 
bill, which is contained in Section X of this report.

              X. Congressional Budget Office Cost Estimate


H.R. 4061--Cybersecurity Enhancement Act of 2009

    Summary: H.R. 4061 would reauthorize several National 
Science Foundation (NSF) programs that aim to enhance 
cybersecurity (the protection of computers and computer 
networks from unauthorized access). The bill also would require 
the National Institute of Standards and Technology (NIST) to 
establish a cybersecurity awareness program and implement 
standards for managing personal identifying information stored 
on computer systems. Finally, the bill would establish a task 
force to recommend actions to improve cybersecurity research 
and development.
    Based on information from NSF and NIST and assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing H.R. 4061 would cost $639 million over the 2010-
2014 period and $320 million after 2014. Enacting the 
legislation would not affect direct spending or revenues.
    H.R. 4061 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated Cost to the Federal Government: The estimated 
budgetary impact of H.R. 4061 is shown in the following table. 
The costs of this legislation fall within budget function 250 
(general science, space, and technology).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2010      2011      2012      2013      2014    2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATIONNSF Cybersecurity Research Grants:
    Authorization Level............................        69        74        79        84        90        396
    Estimated Outlays..............................         9        41        61        71        79        261
NSF Cybersecurity Scholarships for Service:
    Authorization Level\1\.........................         4        20        22        23        25         94
    Estimated Outlays..............................         *         3        11        17        21         53
Other NSF Programs:
    Estimated Authorization Level..................        87        87        87        88        89        438
    Estimated Outlays..............................         9        49        70        81        86        295
    Subtotal NSF Programs:
        Estimated Authorization Level..............       160       181       188       195       204        928
        Estimated Outlays..........................        18        93       142       169       186        609
NIST Programs:
    Estimated Authorization Level..................         6         6         6         6         6         30
    Estimated Outlays..............................         5         6         6         6         6         29
Cybersecurity Task Force:
    Estimated Authorization Level..................         *         *         *         *         *          1
    Estimated Outlays..............................         *         *         *         *         *          1
    Total Changes under H.R. 4061:
        Estimated Authorization Level..............       166       187       194       201       210        959
        Estimated Outlays..........................        23        99       148       175       192       639
----------------------------------------------------------------------------------------------------------------
\1\H.R. 4061 would authorize the appropriation of $19 million for NSF Cybersecurity Scholarships for Service in
  2010. NSF has received an appropriation of $15 million for those scholarships for 2010. CBO expects that under
  the bill the agency could receive an additional appropriation of $4 million to fund those scholarships in
  2010.
Note:  NSF = National Science Foundation. NIST = National Institute of Standards and Technology.
          * = less than $500,000. Amounts may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
4061 will be enacted by the middle of calendar year 2010 and 
that the necessary amounts will be appropriated each fiscal 
year. Estimated outlays are based on historical spending 
patterns for similar NSF and NIST programs.
    H.R. 4061 would authorize appropriations for several NSF 
grant programs aimed at enhancing cybersecurity. The bill would 
authorize appropriations totaling $396 million over the 2010-
2014 period to improve research on cybersecurity. The bill also 
would authorize the appropriation of an additional $94 million 
over that period to provide scholarships to students who pursue 
higher education related to cybersecurity and commit to public 
service after graduating. Finally, the bill would authorize 
such sums as may be necessary for activities related to 
improving cybersecurity, including constructing research 
facilities and enhancing cybersecurity training for faculty and 
students at colleges and universities. Based on information 
from NSF regarding the cost of conducting similar activities 
and assuming appropriation of the authorized and necessary 
amounts, CBO estimates that implementing the NSF programs 
authorized under the bill would cost $609 million over the 
2010-2014 period and $319 million after 2014.
    H.R. 4061 also would direct NIST to conduct a cybersecurity 
research program, establish standards and protocols to enhance 
cybersecurity, and to promote cybersecurity awareness and 
education. Based on information from NIST regarding the cost of 
conducting similar activities and assuming appropriation of the 
necessary amounts, CBO estimates that implementing those 
programs would cost $29 million over the 2010-2014 period and 
$1 million after 2014.
    Finally, H.R. 4061 would establish a task force of academic 
and industry experts to advise the Office of Science and 
Technology Policy on issues related to cybersecurity. Based on 
information regarding the cost of funding similar activities, 
CBO estimates that carrying out this provision would cost $1 
million over the 2010-2014 period.
    Intergovernmental and private-sector impact: H.R. 4061 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. The bill would benefit public institutions of 
higher education by authorizing grants for research on computer 
security.
    Estimate prepared by: Federal costs: Jeff LaFave; Impact on 
state, local, and tribal governments: Elizabeth Cove Delisle; 
Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                  XI. Compliance With Public Law 104-4

    H.R. 4061 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The oversight findings and recommendations of the Committee 
on Science and Technology are reflected in the body of this 
report.

      XIII. Statement on General Performance Goals and Objectives

    Pursuant to clause (3)(c) of House rule XIII, the goals of 
H.R. 4061 are to improve cybersecurity in the Federal, private, 
and public sectors through: coordination and prioritization of 
federal cybersecurity research and development activities; 
strengthening of the cybersecurity workforce; coordination of 
U.S. representation in international cybersecurity technical 
standards development; and reauthorization of cybersecurity 
related programs at the National Science Foundation and the 
National Institute of Standards and Technology.

                XIV. Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 4061.

                XV. Federal Advisory Committee Statement

    The functions of the advisory committee authorized in H.R. 
4061 are not currently being nor could they be performed by one 
or more agencies or by enlarging the mandate of another 
existing advisory committee.

                 XVI. Congressional Accountability Act

    The Committee finds that H.R. 4061 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

                      XVII. Earmark Identification

    H.R. 4061 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of rule XXI.

     XVIII. Statement on Preemption of State, Local, or Tribal Law

    This bill is not intended to preempt any state, local, or 
tribal law.

       XIX. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

CYBER SECURITY RESEARCH AND DEVELOPMENT ACT

           *       *       *       *       *       *       *



SEC. 2. FINDINGS.

  The Congress finds the following:
          [(1) Revolutionary advancements in computing and 
        communications technology have interconnected 
        government, commercial, scientific, and educational 
        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--in a vast, interdependent physical 
        and electronic network.]
          (1) Advancements in information and communications 
        technology have resulted in a globally interconnected 
        network of government, commercial, scientific, and 
        education infrastructures, including critical 
        infrastructures for electric power, natural gas and 
        petroleum production and distribution, 
        telecommunications, transportation, water supply, 
        banking and finance, and emergency and government 
        services.
          (2) [Exponential increases in interconnectivity have 
        facilitated enhanced communications, economic growth,] 
        These advancements have significantly contributed to 
        the growth of the United States economy and the 
        delivery of services critical to the public welfare, 
        but have also increased the consequences of temporary 
        or prolonged failure.
          [(3) A Department of Defense Joint Task Force 
        concluded after a 1997 United States information 
        warfare exercise that the results ``clearly 
        demonstrated our lack of preparation for a coordinated 
        cyber and physical attack on our critical military and 
        civilian infrastructure''.]
          (3) The Cyberspace Policy Review published by the 
        President in May, 2009, concluded that our information 
        technology and communications infrastructure is 
        vulnerable and has ``suffered intrusions that have 
        allowed criminals to steal hundreds of millions of 
        dollars and nation-states and other entities to steal 
        intellectual property and sensitive military 
        information''.
          (4) 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.
          [(4)] (5) Computer security technology and systems 
        implementation lack--
                  (A) * * *

           *       *       *       *       *       *       *

          [(5)] (6) Accordingly, Federal investment in computer 
        and network security research and development must be 
        significantly increased to--
                  (A) * * *

           *       *       *       *       *       *       *

          [(6) While African-Americans, Hispanics, and Native 
        Americans constitute 25 percent of the total United 
        States workforce and 30 percent of the college-age 
        population, members of these minorities comprise less 
        than 7 percent of the United States computer and 
        information science workforce.]
          (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.

           *       *       *       *       *       *       *


SEC. 4. NATIONAL SCIENCE FOUNDATION RESEARCH.

  (a) Computer and Network Security Research Grants.--
          (1) In general.--The Director shall award grants for 
        basic research on innovative approaches to the 
        structure and usability of computer and network 
        hardware and software that are aimed at enhancing 
        computer security. Research areas may include--
                  (A) authentication, cryptography, identity 
                management, and other secure data 
                communications technology;

           *       *       *       *       *       *       *

                  (H) remote access and wireless security; 
                [and]
                  (I) enhancement of law enforcement ability to 
                detect, investigate, and prosecute cyber-
                crimes, including those that involve piracy of 
                intellectual property[.]; and
                  (J) social and behavioral factors, including 
                human-computer interactions, usability, user 
                motivations, and organizational cultures.

           *       *       *       *       *       *       *

          (3) Authorization of appropriations.--There are 
        authorized to be appropriated to the National Science 
        Foundation to carry out this subsection--
                  [(A) $35,000,000 for fiscal year 2003;
                  [(B) $40,000,000 for fiscal year 2004;
                  [(C) $46,000,000 for fiscal year 2005;
                  [(D) $52,000,000 for fiscal year 2006; and
                  [(E) $60,000,000 for fiscal year 2007.]
                  (A) $68,700,000 for fiscal year 2010;
                  (B) $73,500,000 for fiscal year 2011;
                  (C) $78,600,000 for fiscal year 2012;
                  (D) $84,200,000 for fiscal year 2013; and
                  (E) $90,000,000 for fiscal year 2014.
  (b) Computer and Network Security Research Centers.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Applications.--An institution of higher 
        education, nonprofit research institution, or consortia 
        thereof seeking funding under this subsection shall 
        submit an application to the Director at such time, in 
        such manner, and containing such information as the 
        Director may require. The application shall include, at 
        a minimum, a description of--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) how the Center will contribute to 
                increasing the number and quality of computer 
                and network security researchers and other 
                professionals, including individuals from 
                groups historically underrepresented in these 
                fields; [and]
                  (D) how the center will disseminate research 
                results quickly and widely to improve cyber 
                security in information technology networks, 
                products, and services[.]; and
                  (E) how the center will partner with 
                government laboratories, for-profit entities, 
                other institutions of higher education, or 
                nonprofit research institutions.

           *       *       *       *       *       *       *

          [(7) Authorization of appropriations.--There are 
        authorized to be appropriated for the National Science 
        Foundation to carry out this subsection--
                  [(A) $12,000,000 for fiscal year 2003;
                  [(B) $24,000,000 for fiscal year 2004;
                  [(C) $36,000,000 for fiscal year 2005;
                  [(D) $36,000,000 for fiscal year 2006; and
                  [(E) $36,000,000 for fiscal year 2007.]
          (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.

           *       *       *       *       *       *       *


SEC. 5. NATIONAL SCIENCE FOUNDATION COMPUTER AND NETWORK SECURITY 
                    PROGRAMS.

  (a) Computer and Network Security Capacity Building Grants.--
          (1) * * *

           *       *       *       *       *       *       *

          [(6) Authorization of appropriations.--There are 
        authorized to be appropriated to the National Science 
        Foundation to carry out this subsection--
                  [(A) $15,000,000 for fiscal year 2003;
                  [(B) $20,000,000 for fiscal year 2004;
                  [(C) $20,000,000 for fiscal year 2005;
                  [(D) $20,000,000 for fiscal year 2006; and
                  [(E) $20,000,000 for fiscal year 2007.]
          (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.
  (b) Scientific and Advanced Technology Act of 1992.--
          (1) * * *
          [(2) Authorization of appropriations.--There are 
        authorized to be appropriated to the National Science 
        Foundation to carry out this subsection--
                  [(A) $1,000,000 for fiscal year 2003;
                  [(B) $1,250,000 for fiscal year 2004;
                  [(C) $1,250,000 for fiscal year 2005;
                  [(D) $1,250,000 for fiscal year 2006; and
                  [(E) $1,250,000 for fiscal year 2007.]
          (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.
  (c) Graduate Traineeships in Computer and Network Security 
Research.--
          (1) * * *

           *       *       *       *       *       *       *

          [(7) Authorization of appropriations.--There are 
        authorized to be appropriated to the National Science 
        Foundation to carry out this subsection--
                  [(A) $10,000,000 for fiscal year 2003;
                  [(B) $20,000,000 for fiscal year 2004;
                  [(C) $20,000,000 for fiscal year 2005;
                  [(D) $20,000,000 for fiscal year 2006; and
                  [(E) $20,000,000 for fiscal year 2007.]
          (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.

           *       *       *       *       *       *       *

  [(e) Cyber Security Faculty Development Traineeship 
Program.--
          [(1) In general.--The Director shall establish a 
        program to award grants to institutions of higher 
        education to establish traineeship programs to enable 
        graduate students to pursue academic careers in cyber 
        security upon completion of doctoral degrees.
          [(2) Merit review; competition.--Grants shall be 
        awarded under this section on a merit-reviewed 
        competitive basis.
          [(3) Application.--Each institution of higher 
        education desiring to receive a grant under this 
        subsection shall submit an application to the Director 
        at such time, in such manner, and containing such 
        information as the Director shall require.
          [(4) Use of funds.--Funds received by an institution 
        of higher education under this paragraph shall--
                  [(A) be made available to individuals on a 
                merit-reviewed competitive basis and in 
                accordance with the requirements established in 
                paragraph (7);
                  [(B) be in an amount that is sufficient to 
                cover annual tuition and fees for doctoral 
                study at an institution of higher education for 
                the duration of the graduate traineeship, and 
                shall include, in addition, an annual living 
                stipend of $25,000; and
                  [(C) be provided to individuals for a 
                duration of no more than 5 years, the specific 
                duration of each graduate traineeship to be 
                determined by the institution of higher 
                education, on a case-by-case basis.
          [(5) Repayment.--Each graduate traineeship shall--
                  [(A) subject to paragraph (5)(B), be subject 
                to full repayment upon completion of the 
                doctoral degree according to a repayment 
                schedule established and administered by the 
                institution of higher education;
                  [(B) be forgiven at the rate of 20 percent of 
                the total amount of the graduate traineeship 
                assistance received under this section for each 
                academic year that a recipient is employed as a 
                full-time faculty member at an institution of 
                higher education for a period not to exceed 5 
                years; and
                  [(C) be monitored by the institution of 
                higher education receiving a grant under this 
                subsection to ensure compliance with this 
                subsection.
          [(6) Exceptions.--The Director may provide for the 
        partial or total waiver or suspension of any service 
        obligation or payment by an individual under this 
        section whenever compliance by the individual is 
        impossible or would involve extreme hardship to the 
        individual, or if enforcement of such obligation with 
        respect to the individual would be unconscionable.
          [(7) Eligibility.--To be eligible to receive a 
        graduate traineeship under this section, an individual 
        shall--
                  [(A) be a citizen, national, or lawfully 
                admitted permanent resident alien of the United 
                States; and
                  [(B) demonstrate a commitment to a career in 
                higher education.
          [(8) Consideration.--In making selections for 
        graduate traineeships under this paragraph, an 
        institution receiving a grant under this subsection 
        shall consider, to the extent possible, a diverse pool 
        of applicants whose interests are of an 
        interdisciplinary nature, encompassing the social 
        scientific as well as the technical dimensions of cyber 
        security.
          [(9) Authorization of appropriations.--There are 
        authorized to be appropriated to the National Science 
        Foundation to carry out this paragraph $5,000,000 for 
        each of fiscal years 2003 through 2007.]
  (e) Postdoctoral Research Fellowships in Cybersecurity.--
          (1) In general.--The Director shall carry out a 
        program to encourage young scientists and engineers to 
        conduct postdoctoral research in the fields of 
        cybersecurity and information assurance, including the 
        research areas described in section 4(a)(1), through 
        the award of competitive, merit-based fellowships.
          (2) Authorization of appropriations.--There are 
        authorized to be appropriated to the National Science 
        Foundation such sums as are necessary to carry out this 
        subsection for each of the fiscal years 2010 through 
        2014.

           *       *       *       *       *       *       *


SEC. 8. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY PROGRAMS.

  (a) * * *

           *       *       *       *       *       *       *

  [(c) Checklists for Government Systems.--
          [(1) In general.--The Director of the National 
        Institute of Standards and Technology shall develop, 
        and revise as necessary, a checklist setting forth 
        settings and option selections that minimize the 
        security risks associated with each computer hardware 
        or software system that is, or is likely to become, 
        widely used within the Federal Government.
          [(2) Priorities for development; excluded systems.--
        The Director of the National Institute of Standards and 
        Technology may establish priorities for the development 
        of checklists under this paragraph on the basis of the 
        security risks associated with the use of the 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. The Director of the National Institute of 
        Standards and Technology may exclude from the 
        application of paragraph (1) any computer hardware or 
        software system for which the Director of the National 
        Institute of Standards and Technology 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.
          [(3) Dissemination of checklists.--The Director of 
        the National Institute of Standards and Technology 
        shall make any checklist developed under this paragraph 
        for any computer hardware or software system available 
        to each Federal agency that is a user or potential user 
        of the system.
          [(4) Agency use requirements.--The development of a 
        checklist under paragraph (1) for a computer hardware 
        or software system does not--
                  [(A) require any Federal agency to select the 
                specific settings or options recommended by the 
                checklist for the system;
                  [(B) establish conditions or prerequisites 
                for Federal agency procurement or deployment of 
                any such system;
                  [(C) represent an endorsement of any such 
                system by the Director of the National 
                Institute of Standards and Technology; nor
                  [(D) preclude any Federal agency from 
                procuring or deploying other computer hardware 
                or software systems for which no such checklist 
                has been developed.]
  (c) Checklists for Government Systems.--
          (1) In general.--The Director of the National 
        Institute of Standards and Technology shall develop or 
        identify and revise or adapt as necessary, checklists, 
        configuration profiles, and deployment recommendations 
        for products and protocols that minimize the security 
        risks associated with each computer hardware or 
        software system that is, or is likely to become, widely 
        used within the Federal Government.
          (2) Priorities for development.--The Director of the 
        National Institute of Standards and Technology shall 
        establish priorities for the development of checklists 
        under this subsection. Such priorities may be based on 
        the security risks associated with the use of each 
        system, the number of agencies that use a particular 
        system, the usefulness of the checklist to Federal 
        agencies that are users or potential users of the 
        system, or such other factors as the Director 
        determines to be appropriate.
          (3) Excluded systems.--The Director of the National 
        Institute of Standards and Technology may exclude from 
        the requirements of paragraph (1) any computer hardware 
        or software system for which the Director determines 
        that the development of a checklist is inappropriate 
        because of the infrequency of use of the system, the 
        obsolescence of the system, or the inutility or 
        impracticability of developing a checklist for the 
        system.
          (4) Automation specifications.--The Director of the 
        National Institute of Standards and Technology shall 
        develop automated security specifications (such as the 
        Security Content Automation Protocol) with respect to 
        checklist content and associated security related data.
          (5) Dissemination of checklists.--The Director of the 
        National Institute of Standards and Technology shall 
        ensure that Federal agencies are informed of the 
        availability of any product developed or identified 
        under the National Checklist Program for any 
        information system, including the Security Content 
        Automation Protocol and other automated security 
        specifications.
          (6) Agency use requirements.--The development of a 
        checklist under paragraph (1) for a computer hardware 
        or software system does not--
                  (A) require any Federal agency to select the 
                specific settings or options recommended by the 
                checklist for the system;
                  (B) establish conditions or prerequisites for 
                Federal agency procurement or deployment of any 
                such system;
                  (C) imply an endorsement of any such system 
                by the Director of the National Institute of 
                Standards and Technology; or
                  (D) preclude any Federal agency from 
                procuring or deploying other computer hardware 
                or software systems for which no such checklist 
                has been developed or identified under 
                paragraph (1).

           *       *       *       *       *       *       *

                              ----------                              


NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT

           *       *       *       *       *       *       *


  Sec. 20. (a) * * *

           *       *       *       *       *       *       *

  (e) Intramural Security Research.--As part of the research 
activities conducted in accordance with subsection (d)(3), the 
Institute shall--
          (1) conduct a research program to develop a unifying 
        and standardized identity, privilege, and access 
        control management framework for the execution of a 
        wide variety of resource protection policies and that 
        is amenable to implementation within a wide variety of 
        existing and emerging computing environments;
          (2) carry out research associated with improving the 
        security of information systems and networks;
          (3) carry out research associated with improving the 
        testing, measurement, usability, and assurance of 
        information systems and networks; and
          (4) carry out research associated with improving 
        security of industrial control systems.
  [(e)] (f) As used in this section--
          (1) * * *

           *       *       *       *       *       *       *


                     XX. Committee Recommendations

    On November 18, 2009, the Committee on Science and 
Technology favorably reported H.R. 4061 by voice vote and 
recommended its enactment.



 XXI. a. PROCEEDINGS OF THE MARKUP BY THE SUBCOMMITTEE ON RESEARCH AND 
 SCIENCE EDUCATION ON COMMITTEE PRINT, THE CYBERSECURITY RESEARCH AND 
                   DEVELOPMENT AMENDMENTS ACT OF 2009

                              ----------                              


                     WEDNESDAY, SEPTEMBER 23, 2009

                  House of Representatives,
    Subcommittee on Research and Science Education,
                                      Committee on Science,
                                                    Washington, DC.

    The Subcommittee met, pursuant to call, at 10:09 a.m., in 
Room 2318 of the Rayburn House Office Building, Hon. Daniel 
Lipinski [Chairman of the Subcommittee] presiding.
    Chairman Lipinski. The Subcommittee will come to order.
    Good morning. Pursuant to notice, the Subcommittee on 
Research and Science Education meets to consider the following 
measure: the Committee Print of the Cybersecurity Research and 
Development Amendments Act of 2009. We will now proceed to the 
markup.
    This morning the Subcommittee will consider the Committee 
Print of the Cybersecurity Research and Development Amendments 
Act of 2009. The Subcommittee has held a series of hearings 
examining the state of cybersecurity R&D (Research and 
Development). At these hearings, witnesses emphasized the need 
to better coordinate and prioritize the federal R&D portfolio, 
to improve partnerships between the Federal Government and the 
private sector, and to train an IT workforce that can meet the 
growing needs of both the public and private sectors. Our 
witnesses also stressed that cybersecurity research needs to 
encompass all stages of hardware and software design, from 
project management to social and behavioral factors arising 
from human-computer interactions.
    The legislation we are considering today addresses these 
concerns. First, it requires federal agencies to develop and 
implement a strategic plan for the federal cybersecurity R&D 
portfolio. The plan must be based on an assessment of 
cybersecurity risk, to make sure that taxpayer dollars fund the 
R&D needed to meet the strategic needs of our country and to 
keep Internet users safe from cybercrime. The strategic plan 
will contain a description of how the program will transfer 
technology from our national labs and universities to industry, 
and how our federal R&D objectives complement, rather than 
duplicate, R&D occurring in the private sector. In addition to 
developing a strategic plan informed by industry and academia, 
the bill establishes a university-industry task force to 
explore mechanisms and models for carrying out collaborative 
research in cybersecurity.
    The legislation addresses cybersecurity workforce needs for 
the Federal Government, and for the Nation as a whole, by 
requiring an assessment of needs and providing scholarships and 
fellowships to students to pursue advanced degrees in 
cybersecurity-related fields.
    Finally, the bill reauthorizes and expands the National 
Science Foundation's (NSF) Trustworthy Computing program, 
placing a new emphasis on research into the social and 
behavioral aspects of cybersecurity, an important area 
identified by our witnesses.
    Cyber threats are constantly evolving and cybersecurity R&D 
must evolve in concert through a combination of near-term fixes 
and long-term projects that build a more secure foundation. The 
Cybersecurity R&D Amendments Act will ensure an overall vision 
and an implementation plan for the federal cybersecurity R&D 
portfolio, and will train the next generation of cybersecurity 
professionals.
    I want to thank Members for their participation this 
morning, and I look forward to a productive markup.
    With that, I will now recognize Dr. Ehlers to present his 
opening remarks.
    [The prepared statement of Chairman Lipinski follows:]
             Prepared Statement of Chairman Daniel Lipinski
    This morning the Research and Science Education Subcommittee will 
consider the Cybersecurity Research and Development Amendments Act of 
2009.
    The Subcommittee has held a series of hearings examining the state 
of cybersecurity R&D. At these hearings witnesses emphasized the need 
to better coordinate and prioritize the federal R&D portfolio, improve 
partnerships between the Federal Government and the private sector, and 
train an IT workforce that can meet the growing needs of both the 
public and private sectors. Our witnesses also stressed that 
cybersecurity research needs to encompass all stages of hardware and 
software design, from project management to social and behavioral 
factors arising from human-computer interactions.
    The legislation we are considering today addresses these concerns. 
First, it requires federal agencies to develop and implement a 
strategic plan for the federal cybersecurity R&D portfolio. The plan 
must be based on an assessment of cybersecurity risk, to make sure that 
taxpayer dollars fund the R&D needed to meet the strategic needs of our 
country and to keep Internet users safe from cybercrime. The strategic 
plan will also contain a description of how the program will transfer 
technology from our national labs and universities to industry, and how 
our federal R&D objectives complement, rather than duplicate, R&D 
occurring in the private sector.
    In addition to developing a strategic plan informed by industry and 
academia, the bill establishes a university-industry task force to 
explore mechanisms and models for carrying out collaborative research 
in cybersecurity.
    The legislation addresses cybersecurity workforce needs for the 
Federal Government, and for the Nation as a whole, by requiring an 
assessment of needs and providing scholarships and fellowships to 
students to pursue advanced degrees in cybersecurity-related fields.
    Finally, the bill reauthorizes and expands NSF's Trustworthy 
Computing program, placing a new emphasis on research into the social 
and behavioral aspects of cybersecurity, an important area identified 
by our witnesses.
    Cyber threats are constantly evolving and cybersecurity R&D must 
evolve in concert through a combination of near-term fixes and long-
term projects that build a more secure foundation. The Cybersecurity 
R&D Amendments Act will ensure an overall vision and an implementation 
plan for the federal cybersecurity R&D portfolio and will train the 
next generation of cybersecurity professionals.
    I want to thank Members for their participation this morning and I 
look forward to a productive markup.

    Mr. Ehlers. Thank you, Mr. Chairman. Today we are examining 
legislation to reauthorize the Cybersecurity Research and 
Development Act. With the rapid evolution of information 
technology fields, it is critical that we adopt policies that 
keep us ahead of impending cyber threats.
    This subcommittee has held a series of hearings this year 
focused on the state of federal cybersecurity research and 
development. The testimonies we received from industry experts 
and federal agency officials all pointed to a serious lack of 
coordination in our cybersecurity strategies. Building on the 
information we have gleaned, I am hopeful this legislation will 
effectively refine our efforts by establishing a strategic 
research and development plan and roadmap. As an educator, I am 
particularly interested in how we will further support the 
education and training of students in this rapidly changing 
field. Consequently, I am pleased that the draft legislation 
codifies a scholarship program at the National Science 
Foundation to promote undergraduate and graduate degrees in 
cybersecurity fields.
    I personally did not realize how important this was until I 
met a year ago with a professor of computer science in which he 
pointed out the declining enrollments of students in computer 
science and the decline has been going on for several years to 
the point that there is a severe shortage of computer 
scientists, and obviously if you are going to deal with 
cybersecurity, you have to not only be a computer scientist but 
a very bright computer scientist, so I am very pleased with the 
National Science Foundation program established in this 
legislation.
    As we become more dependent on virtual information and 
services, security becomes more difficult to manage. Attaining 
and maintaining a safe and trustworthy information technology 
and communications infrastructure is imperative and we must not 
forget that it is an ongoing challenge. I look forward to 
refining and promoting this legislation as it moves through the 
legislative process.
    I would like to add a note here also regarding 
cybersecurity. I do not claim to be an expert in the field but 
some years ago I was on a NATO taskforce studying the issue and 
I ended up being assigned the task of writing a report. It was 
astounding to me to recognize how vulnerable we were to 
cybersecurity attacks and also how ill prepared we were to deal 
with the problem. We have made some progress since that time 
but we have quite a ways to go, and it is down right 
frightening to recognize what damage can be done through 
cybersecurity attacks. So I am very pleased to support this 
bill and to participate in bringing it to the House. With that, 
I yield back.
    [The prepared statement of Mr. Ehlers follows:]
         Prepared Statement of Representative Vernon J. Ehlers
    Today we are examining legislation to reauthorize the Cybersecurity 
Research and Development Act. With the rapid evolution of information 
technology fields, it is critical that we adopt policies that keep us 
ahead of impending cyber threats.
    This subcommittee has held a series of hearings this year focused 
on the state of federal cybersecurity research and development. The 
testimonies we received from industry experts and federal agency 
officials all pointed to a serious lack of coordination in our 
cybersecurity strategies. Building on the information we have gleaned, 
I am hopeful this legislation will effectively refine our efforts by 
establishing a strategic research and development plan and roadmap. As 
an educator, I am particularly interested in how we will further 
support the education and training of students in this rapidly changing 
field. Consequently, I am pleased that the draft legislation codifies a 
scholarship program at the National Science Foundation to promote 
undergraduate and graduate degrees in cybersecurity fields.
    As we become more dependent on virtual information and services, 
security becomes more difficult to manage. Attaining and maintaining a 
safe and trustworthy information technology and communications 
infrastructure is imperative, and we must not forget that it is an 
ongoing challenge. I look forward to refining and promoting this 
legislation as it moves through the legislative process.

    Chairman Lipinski. Thank you, Dr. Ehlers. I think at every 
hearing and markup we learn more and more of the expertise that 
you do have in a lot of different areas in science and 
technology. We appreciate your contributions, and certainly we 
know with everything that is now available, everything that is 
done electronically, cyber attacks are more and more of a 
security issue, so that is why it is so important we move 
forward with legislation.
    Does anyone else wish to be recognized?
    With that, we will move on to the markup. I ask unanimous 
consent that the Committee Print is considered as read and open 
to amendment at any point and that the Members proceed with the 
amendments in the order of the roster. Without objection, so 
ordered.
    The first amendment on the roster is a Manager's Amendment 
offered by the Chair. The Clerk will report the amendment.
    The Clerk. Amendment to the Committee Print, amendment 
number 042, offered by Mr. Lipinski of Illinois.
    Chairman Lipinski. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    I recognize myself for five minutes to explain the 
amendment.
    This amendment makes technical corrections to the Committee 
Print, including language for the reauthorization of NSF 
Cybersecurity Research Centers program for fiscal years 2010 
through 2014. It also clarifies the responsibilities and 
requirements of scholarship recipients and awardee institutions 
in the monitoring and reporting of information related to a 
scholarship recipient's service obligation, and I urge my 
colleagues to support this amendment.
    Is there any further discussion on the amendment?
    Mr. Ehlers. Mr. Chairman, I support the amendment and urge 
that we adopt it.
    Chairman Lipinski. Thank you, Dr. Ehlers. Any other 
discussion on the amendment? If no, the vote will occur on the 
amendment. All in favor, say aye. Those opposed, say no. The 
ayes have it and the amendment is agreed to.
    The second amendment on the roster is an amendment offered 
by the gentlelady from Texas, Ms. Johnson. Are you ready to 
proceed with your amendment?
    Ms. Johnson. Yes, Mr. Chairman, I have an amendment at the 
desk.
    Chairman Lipinski. The Clerk will report the amendment.
    The Clerk. Amendment to the Committee Print, amendment 
number 084, offered by Ms. Eddie Bernice Johnson of Texas.
    Chairman Lipinski. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    I recognize the gentlelady for five minutes to explain the 
amendment.
    Ms. Johnson. Thank you very much, Mr. Chairman, and our 
Ranking Member and fellow Member of the Subcommittee.
    My amendment to the Cybersecurity Research and Development 
Amendments Act of 2009 contains several changes to the 
legislation. All changes are intended to make this initiative 
more inclusive to under-represented minorities.
    This week, the Congressional Black Caucus is busy with 
meetings, panel discussions, briefings and other events that 
are part of the annual legislative conference. As a matter of 
fact, I am hosting my 17th Science and Technology Brain Trust. 
It will be held at the Washington Conventional Center and on 
Capitol Hill. A wide variety of discussions are occurring this 
week on policies that are of interest to the African-American 
community and to the broader policy community. The CBC 
Foundation is the host, and the Science and Technology Brain 
Trust is Friday at 9:00 a.m. in Room 143A, if anyone is 
willing. Mr. Norm Augustine will be there as well as several 
other panelists. At this free event that is open to the public, 
we will be discussing models of education excellence, and this 
would be one of the things that we would continue to 
emphasize--that is, more diversity.
    Along these lines, programs such as the Federal Scholarship 
For Service program as well as the research program can do much 
to engage under-represented minorities in the area of computer 
science. My amendment affects four parts of the bill. First, it 
states that the Cybersecurity Strategic Research and 
Development Plan should include a description of how the 
research program will include women and minorities to help to 
foster a more diverse workforce in this area. Secondly, my 
amendment says that in developing the plan, the agencies 
involved shall seek advice from minority-serving institutions 
in addition to stakeholders in the industry, academia and other 
relevant organizations, and third, it addresses the Federal 
Scholarship For Service program which seeks to recruit and 
train the next generation of federal cybersecurity 
professionals and increase the capacity of the higher education 
system in training such a workforce. The bill states that merit 
review grants will support several different activities to 
increase the capacity of colleges and universities to train 
such individuals. My amendment states that one of those 
activities in support of institutional partnerships--especially 
including minority-serving institutions, because these 
institutions historically receive a disproportionately small 
share of federal research and education funding--more should be 
done to help them.
    And finally, my amendment addresses the selection process 
for the Cyber Scholarship For Service program. Scholarship 
awards will reflect the goal of promoting broader participation 
in under-represented minorities, and Mr. Chairman, I understand 
that you will support these changes and I want to express my 
gratitude for your partnership in this endeavor. We really must 
be proactive to devise federal policies and programs that 
promote inclusiveness of diverse groups.
    House Concurrent Resolution 53 that I introduced this March 
celebrates the strides that Latin-American and African-American 
students have made in terms of educational attainment in 
computer science. In 2006, African-Americans made up 12.4 
percent of the candidates receiving computer science degrees, a 
portion almost equal to that representation in the United 
States population, which is 12.8 percent. This good news can be 
examined in more detail in an article published by the National 
Society of Black Engineers called Blacks and Computer Science: 
The Secrets of Their Success. The progress has been slow, Mr. 
Chairman, but I believe that we are making a difference, and I 
want to thank you again for your support, and I urge my 
colleagues to support this amendment also, and I yield back the 
remainder of time. Thank you.
    Chairman Lipinski. Thank you, Ms. Johnson.
    Is there any further discussion of this amendment? Dr. 
Ehlers.
    Mr. Ehlers. Mr. Chairman, I support the amendment and urge 
its adoption.
    Chairman Lipinski. Thank you, Dr. Ehlers.
    Any further discussion on the amendment? I thank the 
gentlelady for her amendment, which I support, and thank the 
gentlelady for her work on this issue. Seeing as there is no 
further discussion, the vote will occur on the amendment. All 
those in favor, say aye. Those opposed, say no. The ayes have 
it and the amendment is agreed to.
    Are there any other amendments? If no, then the vote is on 
the Committee Print as amended. All those in favor will say 
aye. All those opposed will say no. In the opinion of the 
Chair, the ayes have it.
    I recognize myself to offer a motion. I move that the 
Subcommittee favorably report the Committee Print as amended to 
the Full Committee. Furthermore, I move that staff be 
instructed to prepare the Subcommittee report and make 
necessary technical and conforming change to the Committee 
Print in accordance with the recommendations of the 
Subcommittee.
    The question is on the motion to report the Committee Print 
favorably. Those in favor of the motion will signify by saying 
aye. Opposed, no. The ayes have it and the print is favorably 
reported.
    Without objection, the motion to reconsider is laid upon 
the table. Members will have two subsequent calendar days in 
which to submit supplemental Minority or additional views on 
the measure. I want to thank all the Members for their 
attendance. It was a very quick markup but a very critical, 
important issue and I look forward to working with all of you 
as we move forward on this.
    This concludes our Subcommittee markup.
    [Whereupon, at 10:24 a.m., the Subcommittee was adjourned.]
                               Appendix:

                              ----------                              


     Committee Print, Section-by-Section Analysis, Amendment Roster


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                     Section-by-Section Analysis of
                 Cybersecurity Research and Development
                         Amendments Act of 2009

SECTION 1. SHORT TITLE.

    Cybersecurity Research and Development Amendments Act of 2009

SECTION 2. DEFINITIONS

    Defines terms used in this Act.

SECTION 3. FINDINGS

    Describes findings of this Act.

SECTION 4. CYBERSECURITY STRATEGIC R&D PLAN

    Requires the agencies to develop, update and implement a strategic 
plan for cybersecurity research and development (R&D). Requires that 
the strategic plan be based on an assessment of cybersecurity risk, 
that it specify and prioritize near-term, mid-term and long-term 
research objectives, and that it describe how the near-term objectives 
complement R&D occurring in the private sector.
    Requires the agencies to solicit input from an advisory committee 
and outside stakeholders in the development of the strategic plan. 
Additionally, it requires the agencies to describe how they will 
promote innovation, foster technology transfer, and maintain a national 
infrastructure for the development of secure, reliable, and resilient 
networking and information technology systems.
    Requires the development of an implementation roadmap that 
specifies the role of each agency and the level of funding needed to 
meet each of the research objectives outlined in the strategic plan.

SECTION 5.  SOCIAL AND BEHAVIORAL RESEARCH IN CYBERSECURITY

    Requires the National Science Foundation (NSF) to support research 
on the social and behavioral aspects of cybersecurity as part of their 
total cybersecurity research portfolio.

SECTION 6. NSF CYBERSECURITY R&D PROGRAMS

    Reauthorizes the cybersecurity research program at the NSF and 
includes identity management as one of the research areas supported.
    Reauthorizes programs at NSF that provide funding for capacity 
building grants, graduate student fellowships, graduate student 
traineeships and research centers in cybersecurity.
    Requires NSF to establish a postdoctoral fellowship program in 
cybersecurity.

SECTION 7.  FEDERAL CYBER SCHOLARSHIP FOR SERVICE PROGRAM

    Authorizes the cybersecurity scholarship for service program at 
NSF. The program provides grants to institutions of higher education 
for the award of scholarships to students pursuing undergraduate and 
graduate degrees in cybersecurity fields and requires an equal number 
of years of service as a cybersecurity professional in the Federal 
Government as a condition of the scholarship.
    The program also provides capacity building grants to institutions 
of higher education, supporting such activities as faculty professional 
development and the development of cybersecurity-related curricula and 
courses.

SECTION 8. CYBERSECURITY WORKFORCE ASSESSMENT

    Requires the President to issue a report assessing the current and 
future cybersecurity workforce needs of the Federal Government, 
including comparison of the skills needed by each federal agency, the 
supply of cybersecurity talent, and any barriers to the recruitment and 
hiring of cybersecurity professionals.

SECTION 9.  CYBERSECURITY UNIVERSITY-INDUSTRY TASK FORCE

    Establishes a university-industry task force to explore mechanisms 
and models for carrying out public-private research partnerships in the 
area of cybersecurity.

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XXI. b. PROCEEDINGS OF THE MARKUP BY THE SUBCOMMITTEE ON TECHNOLOGY AND 
 INNOVATION ON THE COMMITTEE PRINT, THE CYBERSECURITY COORDINATION AND 
                             AWARENESS ACT

                              ----------                              


                      WEDNESDAY, NOVEMBER 4, 2009

                  House of Representatives,
         Subcommittee on Technology and Innovation,
                                      Committee on Science,
                                                    Washington, DC.

    The Subcommittee met, pursuant to call, at 10:44 a.m., in 
Room 2318 of the Rayburn House Office Building, Hon. David Wu 
[Chairman of the Subcommittee] presiding.
    Chairman Wu. Pursuant to notice, the Subcommittee on 
Technology and Innovation meets this morning to consider the 
Committee Print, the Cybersecurity Coordination and Awareness 
Act. I recognize myself for five minutes.
    The Committee Print implements recommendations made in the 
Cybersecurity Policy Review, which was completed in May of this 
year in the recent Subcommittee hearing, and also amends the 
Cybersecurity Research and Development Act of 2002.
    Twenty-two years ago, this committee paved the way for 
federal cybersecurity efforts with the Computer Security Act of 
1987, which charged NIST with developing technical standards to 
protect non-classified information on federal computer systems 
and was the first of 13 major laws relating to cybersecurity. 
The Cyberspace Policy Review recommended coordination of U.S. 
Government representation in international cybersecurity 
technical standards development. Currently, responsibilities 
are parsed among different agencies without any consistent 
policy. The convergence of telecommunication, the Internet, and 
video devices requires a corresponding convergence in 
cybersecurity technical standards development. A coordinated 
policy will ensure that these representatives operate with the 
overarching need of the U.S. infrastructure in mind. Two weeks 
ago, witnesses testified in front of this Subcommittee that 
NIST is suited for the role of coordinator due to its extensive 
technical expertise, established relationships with 
international bodies, and its existence as a non-regulatory 
body.
    The Cyberspace Policy Review also called for a 
cybersecurity awareness and education campaign. NIST could be a 
valuable resource to all Internet users in providing them with 
the same guidance as it gives federal agencies. This committee 
print tasks NIST with developing a plan to disseminate 
cybersecurity technical standards and best practices to the 
general public. However, while NIST is a great resource for 
technical standards and best practices, witnesses have stated 
that NIST guidance is often too technical for the average 
Internet user. Therefore, the print also tasks NIST with making 
its standards and best practices usable by those with less 
technical expertise. The dissemination of more user-friendly 
standards will help raise the base level of cybersecurity 
knowledge among individuals, business, educational institutions 
and governments.
    The Cyberspace Policy Review also notes that cybersecurity 
cannot be improved without first improving identity management. 
The Committee Print also amends the Cybersecurity R&D Act of 
2002 to reinforce the important R&D work currently done by NIST 
that specifically reflects witness testimony on the importance 
of NIST work automated security specifications such as those in 
the S-CAP program. We also update language in the Act to 
reflect more-modern technological terms.
    I urge my colleagues to support this bill and look forward 
to working with Members on both sides of the aisle to improve 
this legislation as we move forward.
    Now I recognize Mr. Smith to present his opening remarks.
    [The prepared statement of Chairman Wu follows:]
                Prepared Statement of Chairman David Wu
    Good afternoon. Today the Subcommittee will consider a committee 
print, the Cybersecurity Coordination and Awareness Act. This committee 
print implements recommendations made in the Cyberspace Policy Review 
and the recent Subcommittee hearing, and also amends the Cybersecurity 
Research and Development Act of 2002.
    Twenty-two years ago, this committee paved the way for federal 
cybersecurity efforts with the Computer Security Act of 1987, which 
charged NIST with developing technical standards to protect non-
classified information on federal computer systems and was the first of 
13 major laws related to cybersecurity.
    The Cyberspace Policy Review recommended coordination of U.S. 
Government representation in international cybersecurity technical 
standards development. Currently, responsibilities are parsed among 
different agencies without any consistent policy. The convergence of 
telecommunication, Internet, and video devices requires a corresponding 
convergence in cybersecurity technical standards development. A 
coordinated policy will ensure that these representatives operate with 
the overarching need of the U.S. infrastructure in mind. Two weeks ago, 
witnesses testified in front of this subcommittee that NIST is suited 
for the role of coordinator due to its extensive technical expertise, 
established relationships with international bodies, and existence as a 
non-regulatory body.
    The Cyberspace Policy Review also called for a cybersecurity 
awareness and education campaign. NIST could be a valuable resource to 
all Internet users in providing them with the same guidance as it gives 
federal agencies. The Committee Print tasks NIST with developing a plan 
to disseminate cybersecurity technical standards and best practices to 
the general public. However, while NIST is a great resource for 
technical standards and best practices, witnesses have stated that NIST 
guidance is often too technical for the average Internet user. 
Therefore, the print also tasks NIST with making its standards and best 
practices usable by those with less technical expertise. The 
dissemination of more user-friendly standards will help raise the base 
level of cybersecurity knowledge among individuals, business, 
education, and government.
    The Cyberspace Policy Review also states that cybersecurity cannot 
be improved without first improving identity management. NIST currently 
performs work on identity management systems such as biometrics, but 
this print will task NIST with improving the inter-operability of these 
systems to encourage more widespread use. By focusing on the usability 
and privacy aspects of identity management, this committee print will 
ensure that biometric and other systems will be accepted by the public 
because they will have confidence in the security of their personal 
information.
    The Committee Print also amends the Cybersecurity R&D Act of 2002 
to reinforce the important R&D work currently done by NIST and 
specifically reflects witness testimony on the importance of NIST's 
work with automated security specifications, such as those in the S-CAP 
program. The amendment will also update language in the Act to reflect 
more modern technological terms.

    Mr. Smith. Mr. Chairman, thank you for calling this markup 
this morning of the Cybersecurity Coordination and Awareness 
Act. The Committee print we are marking up makes a number of 
modest but important changes to NIST's information security 
programs and authorities.
    Throughout the summer and into the fall, the Subcommittee 
held numerous hearings in which we heard from federal agencies 
and leading private-sector experts regarding the current state 
of computer and network security efforts and how they can be 
improved. These discussions made clear any successful 
comprehensive effort to improve cybersecurity must include 
NIST. From its critical capabilities and expertise in research 
and development and in standards development to its reputation 
as a proven and trusted entity within the Federal Government, 
the private sector and internationally, NIST is well suited to 
take on this expanded role in this arena.
    This legislation will help to do just that by authorizing 
new or expanded activities in three areas: one, coordination of 
U.S. Government representation in international standards 
development forums; two, improve dissemination of cybersecurity 
best practices to small businesses, State and local 
governments, educational institutions and the general public; 
and three, research and standards development in identity 
management.
    Identity management is a particularly important area which 
warrants increased attention, especially as it relates to the 
security and management of personally identifiable information 
now a common aspect of our computer systems. To this end, I 
appreciate the Chairman's willingness to work with me to refine 
this section and incorporate language explicitly stating 
privacy protection, including privacy as it relates to health 
IT systems, should be part of NIST's identity management 
efforts.
    Together, the provisions of this Committee Print will 
strengthen and clarify NIST's cybersecurity roles and 
responsibilities representing a small but important step in our 
efforts to address cybersecurity issues.
    I want to thank the Chairman for working closely with 
Republicans on this legislation. I certainly look forward to 
continued cooperative efforts as we move forward to 
consideration by Full Committee and on the Floor. Thank you.
    [The prepared statement of Mr. Smith follows:]
           Prepared Statement of Representative Adrian Smith
    Mr. Chairman, thank you for calling this markup this morning of the 
Cybersecurity Coordination and Awareness Act. The Committee Print we 
are marking up makes a number of modest but important changes to NIST's 
information security programs and authorities.
    Throughout the summer and into the fall, the Subcommittee held 
numerous hearings in which we heard from federal agencies and leading 
private sector experts regarding the current state of computer and 
network security efforts and how they could be improved.
    These discussions made clear any successful, comprehensive effort 
to improve cybersecurity must include NIST. From its critical 
capabilities and expertise in research and standards development, to 
its reputation as a proven and trusted entity within the Federal 
Government, the private sector, and internationally, NIST is well-
suited to take on an expanded role in this area.
    This legislation will help to do just that by authorizing new or 
expanded activities in three areas: (1) coordination of U.S. Government 
representation in international standards development forums; (2) 
improved dissemination of cybersecurity best practices to small 
businesses, State and local governments, educational institutions, and 
the general public; and (3) research and standards development in 
identity management.
    Identity management is a particularly important area which warrants 
increased attention, especially as it relates to the security and 
management of pe4rsonallyt identifiable information now a common aspect 
of our computer systems. To this end, I appreciate the Chairman's 
willingness to work with me to refine this section and incorporate 
language explicitly stating privacy protection--including privacy as it 
relates to health IT systems--should be part of NIST's identity 
management efforts.
    Together, the provisions in this committee print will strengthen 
and clarify NIST's cybersecurity roles and responsibilities, 
representing a small but important step in our efforts to address 
cybersecurity issues.
    I want to thank the Chairman for working closely with Republicans 
on this legislation, and I look forward to continued cooperative 
efforts as we move to consideration in Full Committee and on the Floor.

    Chairman Wu. Thank you, Mr. Smith. It is indeed positive 
and refreshing to find these bipartisan issues and efforts and 
look forward to working with you going forward.
    Does anyone else wish to be recognized? Hearing none, I ask 
unanimous consent that the Print is considered as read and open 
to amendment at any point and that the Members proceed with 
amendments in the order of the roster. Without objection, so 
ordered.
    The first amendment on the roster is an Manager's Amendment 
offered by the Chair. The Clerk will report the amendment.
    The Clerk. Amendment number 026, amendment to the Committee 
print, offered by Mr. Wu of Oregon and Mr. Smith of Nebraska.
    Chairman Wu. I ask unanimous consent to dispense with the 
reading. Without objection, so ordered. I recognize myself for 
five minutes to explain the amendment.
    This manager's amendment includes two simple provisions 
that we have worked on with the Minority. The first 
incorporates explicit mention of health information technology 
systems as part of NIST's work on identity management research 
and standards development. As we work to increase the adoption 
of health IT into our medical system, it is important to 
recognize that the increased digitization and sharing of 
records must be accompanied by adequate privacy safeguards. 
Ensuring that advanced technologies and methods used to protect 
privacy should be central to NIST's work in health care IT.
    The second change is also simple in the legislation's 
technical update codifying NIST's intramural security research 
activities related to access control management on computer 
systems. The manager's amendment substitutes the word 
``execution'' in place of ``enforcement'' to clarify that these 
research activities are to support the use of protection 
policies, not to be part of or to guide their enforcement.
    Is there any further discussion of the manager's amendment? 
If not, the vote occurs on the amendment. All in favor, say 
aye. Those opposed, say no. The ayes have it and the amendment 
is agreed to.
    Are there any other amendments? If not, the vote is on the 
Committee Print as amended. All those in favor will say aye. 
All those opposed will say no. In the opinion of the Chair, the 
ayes have it. And I now recognize myself to make a motion.
    I move that the Subcommittee favorably report the Committee 
print as amended to the Full Committee. Furthermore, I move 
that staff be instructed to prepare the Subcommittee report and 
make necessary technical and conforming changes to the print in 
accordance with the recommendations of the Subcommittee.
    The question is on the motion to report the print 
favorably. Those in favor of the motion will signify by saying 
aye. Those opposed, no. The ayes have it and the bill is 
favorably reported.
    Without objection, the motion to reconsider is laid upon 
the table. Members will have two subsequent calendar days in 
which to submit supplemental Minority or additional views on 
the measure. And I want to thank all the Members for their 
attendance, and this concludes our Subcommittee markup. Thank 
you.
    [Whereupon, at 10:53 a.m., the Subcommittee was adjourned.]
                               Appendix:

                              ----------                              


     Committee Print, Section-by-Section Analysis, Amendment Roster


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                      Section-by-Section Analysis
   Committee Print, the Cybersecurity Coordination and Awareness Act

SECTION 1. Short Title

    Sets the title as, ``Cybersecurity Coordination and Awareness 
Act''.

SECTION 2. Definitions

    Defines the terms Director and Institute.

SECTION 3. International Cybersecurity Technical Standards

    NIST shall develop and implement a plan to ensure a coordinated 
United States Government representation in international cybersecurity 
technical standards development. This plan is due to Congress no later 
than one year after enactment.

SECTION 4. Promoting Cybersecurity Awareness and Education

    NIST shall deliver a plan to Congress within 90 days describing how 
it will develop and implement a cybersecurity awareness and education 
program. The program shall be aimed at disseminating cybersecurity best 
practices and standards and shall include how NIST will make these 
usable by individuals, small business, State and local governments, and 
educational institutions. This plan will include how NIST can utilize 
established Manufacturing Extension Partnership networks to have 
cybersecurity information readily available to small manufacturing 
companies.

SECTION 5. Identity Management Research and Development

    NIST shall engage in research and development programs to improve 
identity management systems.

SECTION 6.  Amendment to the Cybersecurity Research and Development Act 
                    of 2002

    The section amends Sec. 8(c) of the Cybersecurity R&D Act (P.L. 
107-305) and updates the technical terms in original statute to reflect 
the extant technologies and networked systems.

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   XXII. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 4061, THE 
                 CYBERSECURITY ENHANCEMENT ACT OF 2009

                              ----------                              


                      WEDNESDAY, NOVEMBER 18, 2009

                  House of Representatives,
                                      Committee on Science,
                                                    Washington, DC.

    The Committee met, pursuant to call, at 10:00 a.m., in Room 
2318 of the Rayburn House Office Building, Hon. Bart Gordon 
[Chairman of the Committee] presiding.
    Chairman Gordon. Good morning. The Committee will come to 
order.
    Pursuant to notice, the Committee on Science and Technology 
meets to consider H.R. 4061, the Cybersecurity Enhancement Act 
of 2009. H.R. 4061 is a good bipartisan bill based on input we 
received in four hearings on cybersecurity. I would like to 
thank my colleagues, Dr. Lipinski, Mr. Wu, Dr. Ehlers and Mr. 
Smith, for their leadership and bipartisan work on the bill.
    As many of you know, October was Cybersecurity Awareness 
Month. I think it is timely that we are considering this 
legislation on the heels of that effort to encourage people to 
protect their computers and the Nation's critical 
cyberinfrastructure. The theme of the recent awareness campaign 
was ``Our Shared Responsibility.'' I find the theme 
particularly fitting as it also reflects an overarching 
recommendation in this year's Administration review of 
cyberspace policy. The common thread through all of the 
recommendations of the review was the importance of 
partnerships between the Federal Government and the private 
sector in advancing a more secure cyberspace.
    Specific recommendations of the Administration review 
included developing a skilled cybersecurity workforce, 
coordinating and prioritizing the federal R&D portfolio, 
improving technology transfer to make sure new technologies 
make it into the marketplace, promoting cybersecurity education 
and awareness for the general public, and coordinating U.S. 
representation in the development of international standards.
    Today's bill addresses every one of these recommendations. 
H.R. 4061 is based on the concept that in order to improve the 
security of our networked systems, which are fundamentally both 
public and private in nature, the Federal Government must work 
in concert with the private sector. H.R. 4061 will further our 
efforts in this direction and I urge my colleagues to support 
it.
    Additionally, endorsements so far, and I am sure that we 
are going to be getting several more as the bill goes forward, 
but so far the endorsements come from the Business Software 
Alliance, the Association of Computing Machinery, Computing 
Research Association and Sun Microsystems.
    Now I recognize my partner, Mr. Hall, to present his 
opening remarks.
    [The prepared statement of Chairman Gordon follows:]
               Prepared Statement of Chairman Bart Gordon
    As I mentioned, the Committee will consider H.R. 4061 today. This 
is a good bipartisan bill based on input we received in four hearings 
held on cybersecurity. I would like to thank my colleagues, Dr. 
Lipinski, Mr. Wu, Dr. Ehlers and Mr. Smith, for their leadership and 
bipartisan work on the bill.
    As many of you know, October was Cybersecurity Awareness Month. I 
think it's timely that we are considering this legislation on the heels 
of that effort to encourage people to protect their computers and the 
Nation's critical cyberinfrastructure. The theme of the recent 
awareness campaign was ``Our Shared Responsibility.'' I find the theme 
particularly fitting as it also reflects an overarching recommendation 
in this year's Administration review of cyberspace policy. The common 
thread through all of the recommendations of the review was the 
importance of partnerships between the Federal Government and the 
private sector in achieving a more secure cyberspace.
    Specific recommendations of the Administration review included:

        
  Developing a skilled cybersecurity workforce.

        
  Coordinating and prioritizing the federal R&D 
        portfolio.

        
  Improving technology transfer to make sure new 
        technologies make it into the marketplace.

        
  Promoting cybersecurity education and awareness for 
        the general public.

        
  And, coordinating U.S. representation in the 
        development of international standards.

    Today's bill addresses every one of these recommendations. H.R. 
4061 is based on the concept that in order to improve the security of 
our networked systems, which are fundamentally both public and private 
in nature, the Federal Government must work in concert with the private 
sector. H.R. 4061 will further our efforts in this direction and I urge 
my colleagues to support it.

    Mr. Hall. Mr. Chairman, thank you.
    We are all aware of the importance of cybersecurity and how 
much that importance has grown dramatically in recent years as 
most of the critical systems upon which we depend from 
telecommunications to electricity to banking and commerce rely 
on secure and reliable computing.
    This committee has a long record of leadership on these 
issues dating back to the 1980s and the agencies and programs 
we oversee are critical to the success of federal efforts to 
address cybersecurity vulnerabilities. This bill will help to 
support these efforts through authorization of activities of 
three general areas: first, basic research at the National 
Science Foundation, which we know is a key driver to increasing 
security over the long-term; second, expanded NSF scholarships 
to increase the size and skills of the cybersecurity workforce; 
and three, increased R&D standards development and coordination 
and public outreach at the National Institute of Standards and 
Technology related to cybersecurity. These are modest but 
important changes that will help us do a better job of 
protecting our communications networks, and I am pleased to 
join my fellow Texan, Mr. McCaul, as a co-sponsor along with 
our Subcommittee Ranking Members, Dr. Ehlers and Representative 
Smith of Nebraska.
    I also want to note my appreciation for what this bill does 
not do. It avoids calling for any activities that could amount 
to being regulatory in nature. I think this is important. The 
Committee heard from multiple outside witnesses that heavy 
federal involvement in private-sector cybersecurity processes 
would actually be counterproductive to security. I hope we can 
ensure this bill continues to restrain from such action as it 
moves through the legislative process.
    This is a good bill and represents a small but important 
step in the government's overall efforts to address 
cybersecurity issues. I want to thank the Chairman for working 
closely with all of us on this legislation. I look forward to 
continued cooperative efforts as we move forward. I yield back 
my time, sir.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    Mr. Chairman, thank you for calling the markup this morning for 
H.R. 4061, the Cybersecurity Enhancement Act of 2009.
    We are all aware that the importance of cybersecurity has grown 
dramatically in recent years, as most of the critical systems upon 
which we depend--from telecommunications to electricity to banking and 
commerce--rely on secure and reliable computing.
    This committee has a long record of leadership on these issues 
(dating back to the 1980s), and the agencies and programs we oversee 
are critical to the success of federal efforts to address cybersecurity 
vulnerabilities.
    This bill will help to support these efforts through authorization 
of activities in three general areas: (1) basic research at the 
National Science Foundation (NSF), which we know is a key driver to 
increasing security over the long-term; (2) expanded NSF scholarships 
to increase the size and skills of the cybersecurity workforce; and (3) 
increased R&D, standards development and coordination, and public 
outreach at the National Institute of Standards and Technology (NIST) 
related to cybersecurity.
    These are modest but important changes that will help us do a 
better job of protecting our communications networks, and I am pleased 
to join my fellow Texan, Mr. McCaul, as a co-sponsor, along with our 
Subcommittee Ranking Members, Dr. Ehlers and Representative Smith of 
Nebraska.
    I also want to note my appreciation for what this bill doesn't do. 
It avoids calling for any activities that could amount to being 
regulatory in nature. I think this is important. The Committee heard 
from multiple outside witnesses that heavy federal involvement in 
private sector cybersecurity processes would actually be 
counterproductive to security.
    I hope we can ensure this bill continues to restrain from such 
action as it moves through the legislative process.
    This is a good bill, and it represents a small but important step 
in the government's overall efforts to address cybersecurity issues. I 
want to thank the Chairman for working closely with Republicans on this 
legislation, and I look forward to continued cooperative efforts as we 
move forward.

    Chairman Gordon. Thank you, Mr. Hall.
    Does anyone else wish to be recognized? Mr. Lipinski, would 
you like to be recognized on the bill?
    Mr. Lipinski. Thank you, Mr. Chairman.
    H.R. 4061 is a product of combined efforts of the Research 
and Science Education Subcommittee and those of my colleagues 
on the Technology and Innovation Subcommittee. I would like to 
especially thank Dr. Ehlers, Mr. Wu and Mr. Smith for their 
contributions to the bill we are considering today.
    The two Subcommittees have held a series of hearings on 
various aspects of cybersecurity including the state of R&D, 
the agency's response to the 60-day review and the specific 
role of NIST [National Institute of Standards and Technology] 
in cybersecurity. At these hearings, witnesses emphasized the 
need to better coordinate and prioritize the federal R&D 
portfolio, to improve partnerships between the Federal 
Government and the private sector, to coordinate U.S. 
representation in international standard-setting bodies, and to 
train an IT [International Technology] workforce that can meet 
the growing needs of both the public and private sectors.
    The legislation we are considering today addresses these 
concerns. First, it requires federal agencies to develop and 
implement a strategic plan for the federal cybersecurity R&D 
portfolio. The plan must be based on assessment of 
cybersecurity risk to make sure that taxpayer dollars fund the 
R&D needed to meet the strategic needs of our country and to 
keep Internet users safe from cybercrime. The strategic plan 
will also contain a description of how the program will 
transfer technology for our national labs and universities to 
industry since technology transfer is perhaps the most 
important component of any successful R&D program.
    For the same reason, the bill establishes a university-
industry taskforce to explore mechanisms and models for 
carrying out collaborative research in cybersecurity and make 
sure that the federal strategic plan is informed by industry 
needs.
    In addition, the legislation addresses cybersecurity 
workforce needs for the Federal Government and for the Nation 
as a whole by providing fellowships to students pursuing 
advanced degrees in cybersecurity-related fields. The bill 
reauthorizes and expands the NSF's [National Science 
Foundation] Trustworthy Computing program, placing new emphasis 
on research into the social and behavioral aspects of 
cybersecurity, an important area identified by our witnesses. 
H.R. 4061 also emphasizes research into identity management at 
both NSF and NIST.
    Finally, the bill addresses public awareness by requiring 
NIST to develop a plan for disseminating best practices and 
technical standards to the general public in a user-friendly 
format that will improve their basic cybersecurity knowledge.
    In conclusion, H.R. 4061 is a good bipartisan bill that 
will help to ensure an overall vision for the federal 
cybersecurity R&D portfolio. It will help train the next 
generation of cybersecurity professionals, improve 
cybersecurity technical standards and will strengthen public-
private partnerships in cybersecurity. This bill addresses a 
very urgent need that is becoming even greater every day in our 
nation and I think we have a very good bill here to address the 
science and technology aspects of this issue.
    With that, I will yield back.
    [The prepared statement of Mr. Lipinski follows:]
          Prepared Statement of Representative Daniel Lipinski
    Thank you, Mr. Chairman. H.R. 4061 is a product of the combined 
efforts of the Research and Science Education Subcommittee and those of 
my colleagues on the Technology and Innovation Subcommittee. I'd like 
to thank Dr. Ehlers, Mr. Wu and Mr. Smith for their contributions to 
the bill we are considering today. The two Subcommittees have held a 
series of hearings on various aspects of cybersecurity, including the 
state of R&D, the agencies' response to the 60-day review, and the 
specific role of NIST in cybersecurity.
    At these hearings witnesses emphasized the need to better 
coordinate and prioritize the federal R&D portfolio, to improve 
partnerships between the Federal Government and the private sector, to 
coordinate U.S. representation in international standard setting 
bodies, and to train an IT workforce that can meet the growing needs of 
both the public and private sectors.
    The legislation we are considering today addresses these concerns. 
First, it requires federal agencies to develop and implement a 
strategic plan for the federal cybersecurity R&D portfolio. The plan 
must be based on an assessment of cybersecurity risk, to make sure that 
taxpayer dollars fund the R&D needed to meet the strategic needs of our 
country and to keep Internet users safe from cybercrime. The strategic 
plan will also contain a description of how the program will transfer 
technology from our national labs and universities to industry, since 
technology transfer is perhaps the most important component of any 
successful R&D plan.
    For the same reason, the bill establishes a university-industry 
task force to explore mechanisms and models for carrying out 
collaborative research in cybersecurity and makes sure that federal 
strategic plan is informed by industry needs.
    In addition, the legislation addresses cybersecurity workforce 
needs for the Federal Government, and for the Nation as a whole, by 
providing fellowships to students pursuing advanced degrees in 
cybersecurity-related fields.
    The bill reauthorizes and expands the NSF's Trustworthy Computing 
program, placing a new emphasis on research into the social and 
behavioral aspects of cybersecurity, an important area identified by 
our witnesses. H.R. 4061 also emphasizes research into identity 
management at both NSF and NIST.
    Finally, the bill addresses public awareness by requiring NIST to 
develop a plan for disseminating best practices and technical standards 
to the general public in a user-friendly format that will improve their 
basic cybersecurity knowledge.
    In conclusion, H.R. 4061 is a good bipartisan bill that will help 
to ensure an overall vision for the federal cybersecurity R&D 
portfolio, will help train the next generation of cybersecurity 
professionals, improve cybersecurity technical standards and will 
strengthen public-private partnerships in cybersecurity.

    4Chairman Gordon. Thank you, Dr. Lipinski.
    Does anyone else wish to--Mr. McCaul.
    Mr. McCaul. Thank you, Mr. Chairman, and let me thank Mr. 
Lipinski for this bill. I was proud to be a lead co-sponsor on 
the bill, original co-sponsor.
    The Internet provides great opportunities and advances but 
it also presents many challenges and many threats. 
Cybersecurity I think is one of the most important issues we 
face as a nation, and one of the key issues we face when 
dealing with cybersecurity is a lack of an adequately trained 
workforce, both in the government and in the private sector. 
This bill acts on the research recommendations of the CSIS 
Commission On Cybersecurity, which I co-chaired, and this is 
the report. Congressman Jim Langevin and I co-chaired this 
along with CSIS. Some of the top experts in the Nation 
developed this report, and I am very pleased to see this bill 
addressing two of those recommendations: one, to develop a 
federal cyber workforce. This bill does that by creating a 
scholarship program at the NSF that can be repaid with federal 
service.
    In addition, it improves cybersecurity R&D and 
coordination, which was another recommendation from the 
Commission, and this bill does that by reauthorizing the cyber 
programs at NSF as well as expanding NIST efforts and 
encouraging cooperation between the academic and private 
sectors with the university and industry taskforce.
    So just let me close by again commending the gentleman Mr. 
Lipinski for introducing the bill and I look forward to its 
final passage. Thank you.
    Chairman Gordon. Thank you, Mr. McCaul, for your active 
involvement in putting this bill together.
    Mr. Wu is recognized.
    Mr. Wu. Thank you very much, Mr. Chairman.
    I want to recognize your leadership in bringing this bill 
together and Mr. Lipinski's very fine work. The NIST sections 
of the bill from my Technology and Innovation Subcommittee 
hearings resulted from some very valuable information that we 
collected and some efforts to add new approaches or strengthen 
new approaches. NIST is the only federal agency which is tasked 
with protecting the government's non-classified computer 
systems and it is therefore very important that we work 
together to continuously adapt to the current scope of 
cybersecurity concerns and also prepare for some of the 
concerns of the future, and it is also very important that we 
achieve these goals by maximizing the effectiveness of our 
programs and resources and continuously tuning them up and not 
just by spending more money, and today's legislation reflects 
this strategy.
    The legislation calls for an increased coordination among 
federal agencies and also calls for enhanced education 
programs, and I would just like to add that the education 
programs I think have some of the best potential for enhancing 
cybersecurity at low cost. There are some very technically 
sophisticated ways of enhancing cybersecurity but there are 
some simple ways also. In my home state, some folks were 
backing up their computer system every night and taking the 
discs home and some of these discs were stolen out of the back 
of a car and a lot of records were lost. You know, some aspects 
of computer security are rocket science and others are fairly 
simple precautionary steps which most people can take. It is 
the analogy to our FIRE bill that we will have on the Floor 
later today is that while you may need sophisticated fire 
suppression systems, you don't have to be a rocket scientist to 
teach folks not to play with matches, and there is an analogy 
here about the sophisticated things that we need to do and the 
more straightforward education programs that will enhance 
computer security at relatively low cost.
    Again, Mr. Chairman, thank you for your leadership in 
bringing the two halves of this legislation together, and I 
yield back the balance of my time.
    [The prepared statement of Chairman Wu follows:]
                Prepared Statement of Chairman David Wu
    Good morning. The NIST sections of this bill result from valuable 
information received in Technology and Innovation Subcommittee hearings 
and in collaboration with NIST, other government agencies, private 
industry, and academia. Since NIST is the only federal agency tasked 
with protecting non-classified federal computer systems, it is 
important that we work together to continuously adapt to the current 
scope of cybersecurity concerns and prepare for those on the horizon. 
It is important that we achieve these goals in part by maximizing the 
effectiveness of programs and resources, not just by spending more 
money. Today's legislation reflects this strategy by calling for an 
increased coordination among federal agencies and educating the most 
vulnerable users of our cyber-infrastructure.

    Chairman Gordon. Thank you, Mr. Wu. I had the easy part, 
you all had the hard part, and again, I want to thank Mc. 
McCaul and Mr. Smith, Dr. Ehlers, Dr. Lipinski, Mr. Wu and all 
the Members of your committee and the staff for your work, 
having all the hearings. You did the groundwork and that is why 
things turn out well, so thank you.
    [The prepared statement of Mr. Mitchell follows:]
         Prepared Statement of Representative Harry E. Mitchell
    Thank you, Mr. Chairman.
    As the world becomes increasingly connected through the Internet, 
it is critical to ensure that cyberspace remains secure and reliable.
    Today we will markup the Cybersecurity Coordination and Awareness 
Act, which would direct the National Institutes of Standards and 
Technology (NIST) to develop and implement a proactive plan to ensure 
coordinated engagement in international cybersecurity technical 
standards development.
    Under this proposal, NIST would also be required to deliver a plan 
to Congress describing how it will develop and implement a 
cybersecurity awareness and education program. The Cybersecurity 
Coordination and Awareness Act would also direct NIST to engage in 
research and development programs to improve identity management 
systems.
    I look forward to our discussion of this proposal today.
    I yield back.

    Chairman Gordon. So now I ask unanimous consent that the 
bill is considered as read and open to amendment at any point 
and that the Members proceed with the amendments in the order 
of the roster. Without objection, so ordered.
    The first amendment on the roster is an amendment in the 
nature of a substitute offered by the gentleman from Illinois, 
Dr. Lipinski. Are you ready to proceed with your amendment?
    Mr. Lipinski. Yes, I am, Mr. Chairman.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment number 046, amendment in the nature of 
a substitute to H.R. 4061, offered by Mr. Lipinski of Illinois.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    I recognize the gentleman for five minutes to explain the 
amendment.
    Mr. Lipinski. Thank you, Mr. Chairman.
    This amendment makes some technical corrections in addition 
to reinstating two sections that were part of the bill passed 
out of the Research and Science Education Subcommittee. The 
sections specifically address cybersecurity workforce concerns.
    First, the amendment requires the President to assess the 
cybersecurity skills needed by the Federal Government to 
compare them to the skills sought by industry and then to 
examine the capacity of our colleges and universities to 
produce those qualified cybersecurity professionals. It also 
requires an assessment of the effectiveness of federal programs 
such as the National Centers of Academic Excellence in 
information assurance education. They are aimed at promoting 
cybersecurity research and education at our colleges and 
universities.
    Additionally, the amendment attempts to address the 
estimated shortfall in cybersecurity professionals by 
authorizing the Federal Cyber Scholarship for Service program 
at NSF. This program would provide scholarships to 
undergraduate and graduate students pursing degrees in 
cybersecurity. It requires them in return to serve an equal 
number of years in the federal IT workforce. The amendment 
clarifies that three-year scholarships are for students 
pursuing doctoral degrees and it specifies that students who 
are unable to meet their service obligation at a federal agency 
or federally funded R&D center can meet their obligation by 
serving as a cybersecurity professional in a State, local or 
tribal government agency.
    And finally, the amendment ensures that cybersecurity 
researchers have access to data relevant to development, 
testing and evaluation of security technologies.
    I urge my colleagues to support this amendment.
    [The prepared statement of Mr. Lipinski follows:]
          Prepared Statement of Representative Daniel Lipinski
    This amendment makes some technical corrections in addition to 
reinstating two sections that were part of the bill passed out of the 
Research and Science Education Subcommittee. The sections specifically 
address cybersecurity workforce concerns. First, the amendment requires 
the President to assess the cybersecurity skills needed by the Federal 
Government, to compare them to the skills sought by industry, and then 
to examine of the capacity of our colleges and universities to produce 
those qualified cybersecurity professionals. It also requires an 
assessment of the effectiveness of federal programs such as the 
National Centers of Academic Excellence in Information Assurance 
Education that are aimed at promoting cybersecurity research and 
education at our colleges and universities.
    Additionally, the amendment attempts to address the estimated 
shortfall in cybersecurity professionals by authorizing the Federal 
Cyber Scholarship for Service program at the NSF. This program provides 
scholarships to undergraduate and graduate students pursuing degrees in 
cybersecurity. It requires them, in return, to serve an equal number of 
years in the federal IT workforce. The amendment clarifies that three-
year scholarships are for students pursuing doctoral degrees and it 
specifies that students who are unable to meet their service obligation 
at a federal agency or federally funded R&D center can meet their 
obligation by serving as a cybersecurity professional in a State, local 
or tribal government agency.
    And finally, the amendment ensures that cybersecurity researchers 
have access to data relevant to the development, testing and evaluation 
of security technologies.
    I urge my colleagues to support this amendment.

    Chairman Gordon. Is there further discussion on the 
amendment?
    Mr. Hall. Mr. Chairman.
    Chairman Gordon. Yes. Mr. Hall is recognized.
    Mr. Hall. The Subcommittee Chairman's amendment in the 
nature of a substitute simply makes some good technical changes 
and incorporates some valuable feedback we received from 
several folks familiar with NSF's cybersecurity programs. I 
support the amendment and I urge its adoption. I yield back.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    Mr. Chairman, the Subcommittee Chairman's amendment in the nature 
of a substitute simply makes some technical changes and incorporates 
some valuable feedback we received from several folks familiar with 
NSF's cybersecurity programs. I support this amendment and urge its 
adoption.

    Chairman Gordon. Is there further discussion on the 
amendment? If not, the second amendment on the roster is an 
amendment offered by the gentleman from New Mexico, Mr. Lujan. 
Are you ready to proceed?
    Mr. Lujan. Mr. Chairman, I have an amendment at the desk.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment number 032, amendment to the amendment 
in the nature of a substitute to H.R. 4061, offered by Mr. 
Lujan of New Mexico.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    I recognize the gentleman for five minutes to explain the 
amendment.
    Mr. Lujan. Thank you, Mr. Chairman.
    My amendment today amends two sections of the Cybersecurity 
Enhancement Act of 2009, section 106 and section 203. Section 
106 of the bill establishes the Federal Cyber Scholarship for 
Service program, which will help recruit and train the next 
generation of cybersecurity professionals. This will be done 
through grant awards that support the development of 
cybersecurity-related curricula, faculty, professional 
development and institutional partnerships within institutions 
of higher education. My amendment today specifies that this 
program increases the capacity of institutions of higher 
education throughout all regions of the United States to train 
cybersecurity professionals. The goal of this amendment is to 
address any potential regional disparities in this program by 
ensuring that the program increases the ability of colleges and 
universities from all parts of the country to train highly 
qualified cybersecurity professionals. New Mexico is home to 
excellent research universities like the University of New 
Mexico, New Mexico State University, New Mexico Technical 
College. It is important that our universities in the Southwest 
as well as other regions of the United States are training 
cybersecurity professionals to become part of a geographically 
diverse talent pool. This will also promote local economic 
growth as companies, organizations and government agencies like 
our national laboratories will have better opportunities to 
hire locally trained talent.
    Section 203 of the bill establishes a program to promote 
cybersecurity awareness and education in order to increase 
public awareness of cybersecurity risks. The program seeks to 
make cybersecurity standards and practices usable by 
individuals, businesses and State and local governments. My 
amendment today adds tribal governments to the list of entities 
cybersecurity standards and best practices are designed to 
assist. My district in New Mexico is home to 18 different 
tribes and many of these tribes are currently in the early 
stages of information technology development. As our tribes 
increase their level of connectivity and dependence on IT, it 
is critically important that we educate tribal communities 
about the risks of cyber attacks and how to take necessary 
precautions to protect sensitive information from cyber 
criminals. Establishing cybersecurity standards and practices 
that our trial communities will benefit from will greatly 
achieve the objective of this section to promote cybersecurity 
awareness and education.
    I am proud to be a co-sponsor of the Cybersecurity 
Enhancement Act of 2009, and I want to thank you, Mr. Chairman, 
Chairman Wu, Chairman Lipinski, Ranking Member McCaul and 
Ranking Member Smith for their hard work on this important bill 
and I urge my colleagues to support this amendment today. I 
yield back my time.
    [The prepared statement of Mr. Lujan follows:]
           Prepared Statement of Representative Ben R. Lujan
    Thank you Mr. Chairman.
    My amendment today amends two sections of the Cybersecurity 
Enhancement Act of 2009, Section 106 and Section 203.
    Section 106 of the bill establishes the Federal Cyber Scholarship 
for Service Program which will help recruit and train the next 
generation of cybersecurity professionals. This will be done through 
grant awards that support the development of cybersecurity-related 
curricula, faculty professional development, and institutional 
partnerships within institutions of higher education. My amendment 
today specifies that this program increases the capacity of 
institutions of higher education throughout all regions of the United 
States to train cybersecurity professionals. The goal of this amendment 
is to address any potential regional disparities in this program by 
ensuring that the program increases the ability of colleges and 
universities from all parts of the country to train highly qualified 
cybersecurity professionals. New Mexico is home to excellent research 
universities like the University of New Mexico and the New Mexico State 
University. It is important that our universities in the Southwest as 
well as all other regions of the United States are training 
cybersecurity professionals to become part of a geographically diverse 
talent pool.
    This will also promote local economic growth as companies, 
organizations and government agencies will have better opportunities to 
higher locally trained talent.
    Section 203 of the bill establishes a program to promote 
cybersecurity awareness and education in order to increase public 
awareness of cybersecurity risks. The program seeks to make 
cybersecurity standards and practices usable by individuals, businesses 
and State and local governments. My amendment today adds tribal 
governments to the list of entities cybersecurity standards and best 
practices are designed to assist. My district in New Mexico is home to 
eighteen different tribes and many of these tribes are currently in the 
early stages of information technology infrastructure development. As 
our tribes increase their level of connectivity and dependence on IT, 
it is critically important that we educate tribal communities about the 
risks of cyber attacks and how to take necessary precautions to protect 
sensitive information from cyber criminals. Establishing cybersecurity 
standards and practices that our tribal communities will benefit from 
will greatly achieve the objective of this section to promote 
cybersecurity awareness and education.
    I am proud to co-sponsor the Cybersecurity Enhancement Act of 2009 
and I want to thank Chairman Gordon, Chairman Wu, Chairman Lipinski, 
Ranking Member Hall, Ranking Member Smith, and Ranking Members Ehlers 
for their hard work on this important bill. I urge my colleagues to 
support my amendment today.

    Chairman Gordon. Is there further discussion on the 
amendment?
    Mr. Hall. Mr. Chairman.
    Chairman Gordon. Mr. Hall is recognized.
    Mr. Hall. This amendment is another good Lujan amendment 
and it simply adds language ensuring that the scholarship 
program authorized in this bill is geographically diverse. I 
support the amendment and I urge its adoption. I say another 
good amendment because he is a given family from a great state. 
Thank you.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    Mr. Chairman, this amendment simply adds language ensuring that the 
scholarship program authorized in the bill is geographically diverse. I 
support this amendment and urge its adoption.

    Chairman Gordon. Thank you, Mr. Hall.
    Is there further discussion on the amendment? If no, the 
vote occurs on the amendment. All in favor, say aye. Opposed, 
no. The ayes have it. The amendment is agreed to.
    The third amendment on the roster is an amendment offered 
by the gentleman from Texas, Mr. McCaul. Are you ready to 
proceed with your amendment?
    Mr. McCaul. I am, Mr. Chairman.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment number 027, amendment to the amendment 
in the nature of a substitute to H.R. 4061, offered by Mr. 
McCaul of Texas.
    Chairman Gordon. I ask unanimous consent to dispense with 
the reading. Without objection, so ordered.
    I recognize the gentleman for five minutes to explain his 
amendment.
    Mr. McCaul. Thank you, Mr. Chairman.
    My amendment has to do with the NIST checklist provision in 
this bill. Basically the amendment would clarify that NIST 
inform agencies of the availability of cybersecurity products 
under the national checklist program and, two, that NIST 
checklists are not required to be used by agencies. This bill 
expands NIST's responsibility for updating and disseminating 
guidance to federal agencies on cybersecurity. There was some 
concern that the language in the bill would prevent NIST from 
including software developed outside of NIST on the checklist 
distributed to the federal agencies. This amendment clarifies 
that NIST can include software developed by an outside source 
or by the private sector. There is no reason that federal 
agencies should not be allowed to use software developed by the 
private sector if that software is superior and can do the job, 
and with that I yield back.
    Chairman Gordon. Thank you, Mr. McCaul. I think that is the 
theme of the bill is coordination between public and private 
sector.
    Is there further discussion on the amendment?
    Mr. Hall. Mr. Chairman.
    Chairman Gordon. Mr. Hall is recognized.
    Mr. Hall. I am pleased to support my colleague from Texas 
and the lead Republican co-sponsor of the underlying bill with 
his amendment. I think it is good, sound policy and so does the 
Business Software Alliance. I ask unanimous consent that their 
letter of support be submitted for the record, Bob Holleyman, 
the President and CEO.
    [The information follows:]

    [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    Chairman Gordon. Without objection, so ordered.
    Mr. Hall. I support the amendment and urge its adoption. I 
yield back my time.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    Mr. Chairman, I am pleased to support my colleague from Texas--and 
the lead Republican co-sponsor of the underlying bill--with his 
amendment. I believe it is good, sound policy, and so does the Business 
Software Alliance. I ask unanimous consent that their letter of support 
be submitted for the record. I support this amendment and urge its 
adoption.

    Chairman Gordon. Is there further discussion on the 
amendment? If no, all in favor say aye. Opposed, no. The ayes 
have it. The amendment is agreed to.
    The fourth amendment on the roster is offered by the 
gentleman from Oregon, Mr. Wu. Are you ready to proceed with 
your amendment?
    Mr. Wu. I am, Mr. Chairman.
    Chairman Gordon. The Clerk will report the amendment.
    The Clerk. Amendment number 027, amendment to the amendment 
in the nature of a substitute to H.R. 4061, offered by Mr. Wu 
of Oregon.
    Mr. Wu. Mr. Chairman, I ask unanimous consent to dispense 
with the reading.
    Chairman Gordon. Granted, and I recognize the gentleman for 
five minutes to explain the amendment.
    Mr. Wu. Thank you very much, Mr. Chairman.
    My amendment adds one task to NIST's work on identity 
management research and development. Today's bill directs NIST 
to improve the inter-operability, the authentication methods 
and privacy protection of identity management systems. This 
amendment would add usability to this list. The aim is to 
simplify how these systems are installed, set up and used and 
simply to make these methodologies more user-friendly. 
Improving usability is a key element in growing the widespread 
adoption of these important security systems, and I yield back 
the balance of my time, Mr. Chairman.
    [The prepared statement of Chairman Wu follows:]
                Prepared Statement of Chairman David Wu
    This amendment adds one task to NIST's work on identity management 
research and development. Currently, today's bill directs NIST to 
improve the inter-operability, authentication methods, and privacy 
protection of identity management systems. By adding usability to this 
list, we aim to simplify how these systems are installed, set up, and 
used. Improving usability is a crucial element in growing the 
widespread adoption of these important security systems.

    Chairman Gordon. Is there any further discussion on the 
amendment?
    Mr. Hall. Mr. Chairman.
    Chairman Gordon. Mr. Hall is recognized.
    Mr. Hall. I am agreeable to not having to listen to his 
reading, but this amendment clarifies that NIST activities in 
the realm of identity management include research to improve 
the usability of identity management systems. Now, we all know 
that the information systems are only useful if people know how 
to use them effectively. This amendment ensures that as we 
research ways to improve the security of our cyber networks 
that we are mindful of the human element involved in that 
success. I support the amendment and urge its passage.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    Mr. Chairman, this amendment clarifies that NIST's activities in 
the realm of identity management include research to improve the 
usability of identity management systems. We all know that information 
systems are only useful if people know how to use them effectively. 
This amendment ensures that as we research ways to improve the security 
of our cyber-networks that we are mindful of the human element involved 
in that success. I support the amendment and urge its passage.

    Chairman Gordon. Thank you, Mr. Hall.
    Is there further discussion on the amendment? If no, the 
vote. In favor, say aye. Opposed, no. The ayes have it and the 
amendment is agreed to.
    Are there other amendments? If not, then the vote occurs on 
the amendment in the nature of a substitute offered by the 
gentleman from Illinois as amended. All in favor, say aye. 
Opposed, no. The ayes have it. The amendment is agreed to.
    The vote is now on the bill, H.R. 4061 as amended. All 
those in favor will say aye. All opposed, no. The ayes have it.
    I now recognize Mr. Wu for a motion.
    Mr. Wu. Mr. Chairman, I move that the Committee favorably 
report H.R. 4061, as amended, to the House with the 
recommendation that the bill do pass. Furthermore, I move that 
staff be instructed to prepare the legislative report and make 
necessary technical and conforming changes and that the 
Chairman take all necessary steps to bring the bill before the 
House for consideration.
    Chairman Gordon. The question is on the motion to report 
the bill favorably. Those in favor of the motion will signify 
by saying aye. Opposed, no. The ayes have it and the bill is 
favorably reported.
    Without objection, the motion to reconsider is laid upon 
the table. Members will have two subsequent calendar days in 
which to submit supplemental Minority or additional views on 
this legislation.
    And I want to thank everyone for coming today. I know that 
you have other things to do but we can't proceed if you are not 
here. I know you get here and you say well, that was easy. It 
wasn't so easy. These subcommittees put a lot of work on this 
and it is a good bill. Cybersecurity is important and this 
committee will play a major role now in our nation's 
cybersecurity. So I thank you, and this meeting is concluded.
    [Whereupon, at 10:28 a.m., the Committee was adjourned.]
                               Appendix:

                              ----------                              


        H.R. 4061, Section-by-Section Analysis, Amendment Roster


[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                   Section-by-Section Analysis of the
               Amendment in the Nature of a Substitute to
H.R. 4061, which contains the contents of both cybersecurity prints in 
                            their entirety.

TITLE I--RESEARCH AND DEVELOPMENT

SEC. 101. DEFINITIONS

    Defines the terms National Coordination Office and Program in the 
title.

SEC. 102. FINDINGS

    Describes the findings of this title.

SEC. 103. CYBERSECURITY STRATEGIC R&D PLAN

    Requires the agencies to develop, update and implement a strategic 
plan for cybersecurity research and development (R&D). Requires that 
the strategic plan be based on an assessment of cybersecurity risk, 
that it specify and prioritize near-term, mid-term and long-term 
research objectives, and that it describe how the near-term objectives 
complement R&D occurring in the private sector.
    Requires the agencies to solicit input from an advisory committee 
and outside stakeholders in the development of the strategic plan. 
Additionally, it requires the agencies to describe how they will 
promote innovation, foster technology transfer, and maintain a national 
infrastructure for the development of secure, reliable, and resilient 
networking and information technology systems.
    Requires the development of an implementation roadmap that 
specifies the role of each agency and the level of funding needed to 
meet each of the research objectives outlined in the strategic plan.

SEC. 104.  SOCIAL AND BEHAVIORAL RESEARCH IN CYBERSECURITY

    Requires the National Science Foundation (NSF) to support research 
on the social and behavioral aspects of cybersecurity as part of their 
total cybersecurity research portfolio.

SEC. 105. NSF CYBERSECURITY R&D PROGRAMS

    Reauthorizes the cybersecurity research program at the NSF and 
includes identity management as one of the research areas supported.
    Reauthorizes programs at NSF that provide funding for capacity 
building grants, graduate student fellowships, graduate student 
traineeships and research centers in cybersecurity.
    Requires NSF to establish a postdoctoral fellowship program in 
cybersecurity.

SEC. 106.  FEDERAL CYBER SCHOLARSHIP FOR SERVICE PROGRAM

    Authorizes the cybersecurity scholarship for service program at 
NSF. The program provides grants to institutions of higher education 
for the award of scholarships to students pursuing undergraduate and 
graduate degrees in cybersecurity fields and requires an equal number 
of years of service as a cybersecurity professional in the Federal 
Government as a condition of the scholarship.
    The program also provides capacity building grants to institutions 
of higher education, supporting such activities as faculty professional 
development and the development of cybersecurity-related curricula and 
courses.

SEC. 107. CYBERSECURITY WORKFORCE ASSESSMENT

    Requires the President to issue a report assessing the current and 
future cybersecurity workforce needs of the Federal Government, 
including a comparison of the skills needed by each federal agency, the 
supply of cybersecurity talent, and any barriers to the recruitment and 
hiring of cybersecurity professionals.

SEC. 108.  CYBERSECURITY UNIVERSITY-INDUSTRY TASK FORCE

    Establishes a university-industry task force to explore mechanisms 
and models for carrying out public-private research partnerships in the 
area of cybersecurity.

SEC. 109.  CYBERSECURITY CHECKLIST AND DISSEMINATION

    Updates NIST's authority for the National Checklist Program (NCP) 
which provides detailed guidance on setting the security configuration 
of operating systems and applications and requires NIST to develop 
automated security specifications with respect to checklist content.

SEC. 110. NIST CYBERSECURITY R&D

    Amends the National Institute of Standards and Technology Act to 
authorize NIST, as part of their in-house research program, to develop 
a unifying and standardized identity, privilege, and access control 
management framework. Authorizes NIST to conduct research related to 
improving the security of information and networked systems, including 
the security of industrial control systems.

TITLE II--ADVANCEMENT OF CYBERSECURITY TECHNICAL STANDARDS

SEC. 201. DEFINITIONS

    Defines the terms Director and Institute in the title.

SEC. 202.  INTERNATIONAL CYBERSECURITY TECHNICAL STANDARDS

    NIST shall develop and implement a plan to ensure a coordinated 
United States Government representation in international cybersecurity 
technical standards development. This plan is due to Congress no later 
than one year after enactment.

SEC. 203.  PROMOTING CYBERSECURITY AWARENESS AND EDUCATION

    NIST shall deliver a plan to Congress within 90 days describing how 
it will develop and implement a cybersecurity awareness and education 
program. The program shall be aimed at disseminating cybersecurity best 
practices and standards and shall include how NIST will make these 
usable by individuals, small business, State and local governments, and 
educational institutions. This plan will include how NIST can utilize 
established Manufacturing Extension Partnership networks to have 
cybersecurity information readily available to small manufacturing 
companies.

SEC. 204.  IDENTITY MANAGEMENT RESEARCH AND DEVELOPMENT

    NIST shall engage in research and development programs to improve 
identity management systems.

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