II 

115TH CONGRESS 

2D SESSION S. 2392 

To amend the Homeland Security Act of 2002 to authorize the Secretary 

of Homeland Security to designate cybersecurity technologies that qualify 

for protection under systems of risk and litigation management. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2018 

Mr. DAINES introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend the Homeland Security Act of 2002 to authorize 

the Secretary of Homeland Security to designate cybersecurity technologies that qualify for protection under systems of risk and litigation management. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Cyber Support for 

5 Anti-Terrorism by Fostering Effective Technologies Act of 

6 2018’’ or the ‘‘Cyber SAFETY Act of 2018’’. 


sradovich on DSK3GMQ082PROD with BILLS
2 

•S 2392 IS

1 SEC. 2. INCLUSION OF QUALIFYING CYBER INCIDENTS. 

2 Subtitle G of title VIII of the Homeland Security Act 

3 of 2002 (6 U.S.C. 441 et seq.) is amended— 

4 (1) in section 862(b) (6 U.S.C. 441(b))— 

5 (A) in the heading, by striking ‘‘DESIGNA6 TION OF QUALIFIED ANTI-TERRORISM TECH7 NOLOGIES’’ and inserting ‘‘DESIGNATION OF

8 ANTI-TERRORISM AND CYBERSECURITY TECH9 NOLOGIES’’; 

10 (B) in the matter preceding paragraph (1), 

11 by inserting ‘‘or cybersecurity’’ after ‘‘anti-ter12 rorism’’; 

13 (C) in paragraphs (3), (4), and (5), by in14 serting ‘‘or cybersecurity’’ after ‘‘anti-ter15 rorism’’ each place that term appears; and 

16 (D) in paragraph (7)— 

17 (i) by inserting ‘‘or cybersecurity’’ 

18 after ‘‘Anti-terrorism’’; and 

19 (ii) by inserting ‘‘or qualifying cyber 

20 incidents’’ after ‘‘acts of terrorism’’; 

21 (2) in section 863 (6 U.S.C. 442)— 

22 (A) by inserting ‘‘or cybersecurity’’ after 

23 ‘‘anti-terrorism’’ each place that term appears; 

24 (B) by inserting ‘‘or qualifying cyber inci25 dent’’ after ‘‘act of terrorism’’ each place that 

26 term appears; 


sradovich on DSK3GMQ082PROD with BILLS
3 

•S 2392 IS

1 (C) by inserting ‘‘or qualifying cyber inci2 dents’’ after ‘‘acts of terrorism’’ each place that 

3 term appears; and 

4 (D) in subsection (d)(3)— 

5 (i) by striking ‘‘(3) CERTIFICATE.—’’ 

6 and inserting the following: ‘‘(3) CERTIFI7 CATES.— 

8 ‘‘(A) CERTIFICATES FOR ANTI-TERRORISM

9 TECHNOLOGIES.—’’; and 

10 (ii) by adding at the end the fol11 lowing: 

12 ‘‘(B) CERTIFICATES FOR CYBERSECURITY

13 TECHNOLOGIES.— 

14 ‘‘(i) IN GENERAL.—For cybersecurity 

15 technology reviewed and approved by the 

16 Secretary, the Secretary will issue a certifi17 cate of conformance to the Seller and place 

18 the cybersecurity technology on an Ap19 proved Product List for Homeland Secu20 rity. 

21 ‘‘(ii) SUBSEQUENT REVIEW.—Not less 

22 frequently than once every 2 years, the 

23 Secretary shall conduct a new review of 

24 any cybersecurity technology for which the 


sradovich on DSK3GMQ082PROD with BILLS
4 

•S 2392 IS

1 Secretary issued a certification under 

2 clause (i).’’; 

3 (3) in section 864 (6 U.S.C. 443)— 

4 (A) by inserting ‘‘or cybersecurity’’ after 

5 ‘‘anti-terrorism’’ each place that term appears; 

6 and 

7 (B) by inserting ‘‘or qualifying cyber inci8 dent’’ after ‘‘act of terrorism’’ each place that 

9 term appears; and 

10 (4) in section 865 (6 U.S.C. 444)— 

11 (A) in paragraph (1)— 

12 (i) in the heading, by inserting ‘‘OR

13 CYBERSECURITY’’ after ‘‘ANTI-TER14 RORISM’’; 

15 (ii) by inserting ‘‘or cybersecurity’’ 

16 after ‘‘anti-terrorism’’; 

17 (iii) by inserting ‘‘or qualifying cyber 

18 incidents’’ after ‘‘acts of terrorism’’; and 

19 (iv) by inserting ‘‘or incidents’’ after 

20 ‘‘such acts’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(7) QUALIFYING CYBER INCIDENT.—The term 

23 ‘qualifying cyber incident’ has the meaning given the 

24 term ‘incident’ in section 3552(b) of title 44, United 

25 States Code. 


sradovich on DSK3GMQ082PROD with BILLS
5 

•S 2392 IS

1 ‘‘(8) FINAL AGENCY ACTION.—The determina2 tion by the Secretary that an act of terrorism or 

3 qualifying cyber incident has occurred shall con4 stitute a final agency action subject to review under 

5 chapter 7 of title 5, United States Code.’’. 

Æ 


sradovich on DSK3GMQ082PROD with BILLS