Hack the Department of Homeland Security Act of 2017

Summary: Hack the Department of Homeland Security Act of 2017 or the Hack DHS Act (Sec. 2) This bill directs the Department of Homeland Security (DHS) to establish, within the Office of the Chief Information Officer, a bug bounty pilot program to minimize vulnerabilities to DHS Internet-facing information technology.  A &quot;bug bounty program&quot; is a program under which an approved individual, organization, or company is temporarily authorized to identify and report vulnerabilities of Internet-facing information technology of DHS in exchange for compensation. Under such program, DHS shall:  provide compensation for reports of previously unidentified security vulnerabilities within the websites, applications, and other DHS Internet-facing information technology that are accessible to the public;  award a competitive contract tomanage the pilot program and for executing the remediation of vulnerabilities identified bythe program;   designate mission-critical operations within DHS that should be excluded from the pilot program;  consult with the Department of Justice on how to protect from prosecution approved individuals or entities who comply with the requirements of the program;  develop an expeditious process for registration, background checks, and eligibility determinations for participation in the pilot program; and   engage interested persons about the structure of the program.  DHS must report to Congress on the program within 180 days of its completion.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Hack the Department of Homeland 
Security Act of 2017'' or the ``Hack DHS Act''.

SEC. 2. DEPARTMENT OF HOMELAND SECURITY BUG BOUNTY PILOT PROGRAM.

    (a) Definitions.--In this section:
            (1) Bug bounty program.--The term ``bug bounty program'' 
        means a program under which an approved individual, 
        organization, or company is temporarily authorized to identify 
        and report vulnerabilities of Internet-facing information 
        technology of the Department in exchange for compensation.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Information technology.--The term ``information 
        technology'' has the meaning given the term in section 11101 of 
        title 40, United States Code.
            (4) Pilot program.--The term ``pilot program'' means the 
        bug bounty pilot program required to be established under 
        subsection (b)(1).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
    (b) Establishment of Pilot Program.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish, within 
        the Office of the Chief Information Officer, a bug bounty pilot 
        program to minimize vulnerabilities of Internet-facing 
        information technology of the Department.
            (2) Requirements.--In establishing the pilot program, the 
        Secretary shall--
                    (A) provide compensation for reports of previously 
                unidentified security vulnerabilities within the 
                websites, applications, and other Internet-facing 
                information technology of the Department that are 
                accessible to the public;
                    (B) award a competitive contract to an entity, as 
                necessary, to manage the pilot program and for 
                executing the remediation of vulnerabilities identified 
                as a consequence of the pilot program;
                    (C) designate mission-critical operations within 
                the Department that should be excluded from the pilot 
                program;
                    (D) consult with the Attorney General on how to 
                ensure that approved individuals, organizations, or 
                companies that comply with the requirements of the 
                pilot program are protected from prosecution under 
                section 1030 of title 18, United States Code, and 
                similar provisions of law for specific activities 
                authorized under the pilot program;
                    (E) consult with the relevant offices at the 
                Department of Defense that were responsible for 
                launching the 2016 ``Hack the Pentagon'' pilot program 
                and subsequent Department of Defense bug bounty 
                programs;
                    (F) develop an expeditious process by which an 
                approved individual, organization, or company can 
                register with the entity described in subparagraph (B), 
                submit to a background check as determined by the 
                Department, and receive a determination as to 
                eligibility for participation in the pilot program; and
                    (G) engage qualified interested persons, including 
                non-government sector representatives, about the 
                structure of the pilot program as constructive and to 
                the extent practicable.
    (c) Report.--Not later than 180 days after the date on which the 
pilot program is completed, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security and Governmental Affairs 
of the Senate and the Committee on Homeland Security of the House of 
Representatives a report on the pilot program, which shall include--
            (1) the number of approved individuals, organizations, or 
        companies involved in the pilot program, broken down by the 
        number of approved individuals, organizations, or companies 
        that--
                    (A) registered;
                    (B) were approved;
                    (C) submitted security vulnerabilities; and
                    (D) received compensation;
            (2) the number and severity of vulnerabilities reported as 
        part of the pilot program;
            (3) the number of previously unidentified security 
        vulnerabilities remediated as a result of the pilot program;
            (4) the current number of outstanding previously 
        unidentified security vulnerabilities and Department 
        remediation plans;
            (5) the average length of time between the reporting of 
        security vulnerabilities and remediation of the 
        vulnerabilities;
            (6) the types of compensation provided under the pilot 
        program; and
            (7) the lessons learned from the pilot program.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department $250,000 for fiscal year 2018 to carry 
out this Act.

            Passed the Senate April 17, 2018.

            Attest:

                                                JULIE E. ADAMS,

                                                             Secretary.