The prohibition does not apply to a website that is: (1) operated entirely by an entity that is independent of the federal government, or (2) in a development or testing phase (beta website). The exemption for beta websites applies only if: (1) a member of the public may access PII-related portions of the website only after executing an agreement that acknowledges the risks involved; and (2) no agency compelled, enjoined, or otherwise provided incentives for a member of the public to access such website.
The bill defines a "new federal PII website" as a website that: (1) is operated by (or under contract with) an agency; (2) elicits, collects, stores, or maintains PII and is accessible to the public; and (3) is first made accessible to the public and collects or stores PII on or after October 1, 2012. The bill also sets forth requirements that must be met to deem a new federal PII website as "secure."
(Sec. 3) The Director of the Office of Management and Budget (OMB) must establish and oversee policies and procedures for federal agencies to follow in the event of a breach of information security involving the disclosure of PII, including: (1) notice, not later than 72 hours after discovery of a breach or possible breach, to individuals whose PII could be compromised; and (2) timely reporting to a federal cybersecurity center designated by the OMB and defined in this Act.
Agency heads must ensure that agency actions taken in response to a breach of information security involving the disclosure of PII comply with OMB policies and procedures established by this Act. The OMB must report to Congress, not later than March 1 of each year, on agency compliance with such policies and procedures.
A "federal cybersecurity center" is defined to include: (1) the Department of Defense Cyber Crime Center, (2) the Intelligence Community Incident Response Center, (3) the U.S. Cyber Command Joint Operations Center, (4) the National Cyber Investigative Task Force, (5) the Central Security Service Threat Operations Center of the National Security Agency, (6) the U.S. Computer Emergency Readiness Team, and (7) any center that the OMB determines is appropriate to carry out privacy breach notice and reporting requirements.