H. R. 2029—733
actions will be taken pursuant to this paragraph, and
notifies the appropriate congressional committees and
authorizing committees of each such agency within
7 days of taking an action under this paragraph of—
‘‘(I) any action taken under this paragraph;
and
‘‘(II) the reasons for and duration and nature
of the action;
‘‘(v) the action of the Secretary is consistent with
applicable law; and
‘‘(vi) the Secretary authorizes the use of the intrusion detection and prevention capabilities in accordance
with the advance procedures established under
subparagraph (C).
‘‘(B) LIMITATION ON DELEGATION.—The authority under
this paragraph may not be delegated by the Secretary.
‘‘(C) ADVANCE PROCEDURES.—The Secretary shall, in
coordination with the Director, and in consultation with
the heads of Federal agencies, establish procedures governing the circumstances under which the Secretary may
authorize the use of the intrusion detection and prevention
capabilities under subparagraph (A). The Secretary shall
submit the procedures to Congress.
‘‘(4) LIMITATION.—The Secretary may direct or authorize
lawful action or the use of the intrusion detection and prevention capabilities under this subsection only to—
‘‘(A) protect agency information from unauthorized
access, use, disclosure, disruption, modification, or destruction; or
‘‘(B) require the remediation of or protect against
identified information security risks with respect to—
‘‘(i) information collected or maintained by or on
behalf of an agency; or
‘‘(ii) that portion of an information system used
or operated by an agency or by a contractor of an
agency or other organization on behalf of an agency.
‘‘(i) ANNUAL REPORT TO CONGRESS.—Not later than February
1 of each year, the Director and the Secretary shall submit to
the appropriate congressional committees a report regarding the
specific actions the Director and the Secretary have taken pursuant
to subsection (a)(5), including any actions taken pursuant to section
11303(b)(5) of title 40.
‘‘(j) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘appropriate congressional committees’
means—
‘‘(1) the Committee on Appropriations and the Committee
on Homeland Security and Governmental Affairs of the Senate;
and
‘‘(2) the Committee on Appropriations, the Committee on
Homeland Security, the Committee on Oversight and Government Reform, and the Committee on Science, Space, and Technology of the House of Representatives.’’.
(b) CONFORMING AMENDMENT.—Section 3554(a)(1)(B) of title
44, United States Code, is amended—
(1) in clause (iii), by striking ‘‘and’’ at the end; and
(2) by adding at the end the following: