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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3710 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  1st Session
                                H. R. 3710

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 15, 2019

     Received; read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
     To amend the Homeland Security Act of 2002 to provide for the 
 remediation of cybersecurity vulnerabilities, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Cybersecurity Vulnerability 
Remediation Act''.

SEC. 2. CYBERSECURITY VULNERABILITIES.

    Section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking ``and'' after the 
                semicolon at the end;
                    (B) by redesignating paragraph (6) as paragraph 
                (7); and
                    (C) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) the term `cybersecurity vulnerability' has the 
        meaning given the term `security vulnerability' in section 102 
        of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 
        1501); and''.
            (2) in subsection (c)--
                    (A) in paragraph (5)--
                            (i) in subparagraph (A), by striking 
                        ``and'' after the semicolon at the end;
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C);
                            (iii) by inserting after subparagraph (A) 
                        the following new subparagraph:
            ``(B) sharing mitigation protocols to counter cybersecurity 
        vulnerabilities pursuant to subsection (n); and''; and
                            (iv) in subparagraph (C), as so 
                        redesignated, by inserting ``and mitigation 
                        protocols to counter cybersecurity 
                        vulnerabilities in accordance with subparagraph 
                        (B)'' before ``with Federal'';
                    (B) in paragraph (7)(C), by striking ``sharing'' 
                and inserting ``share''; and
                    (C) in paragraph (9), by inserting ``mitigation 
                protocols to counter cybersecurity vulnerabilities,'' 
                after ``measures,'';
            (3) in subsection (e)(1)(G), by striking the semicolon 
        after ``and'' at the end; and
            (4) by adding at the end the following new subsection:
    ``(n) Protocols To Counter Cybersecurity Vulnerabilities.--The 
Director may, as appropriate, identify, develop, and disseminate 
actionable protocols to mitigate cybersecurity vulnerabilities, 
including in circumstances in which such vulnerabilities exist because 
software or hardware is no longer supported by a vendor.''.

SEC. 3. REPORT ON CYBERSECURITY VULNERABILITIES.

    (a) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Director of the Cybersecurity and Infrastructure 
Security Agency of the Department of Homeland Security shall submit to 
the Committee on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a report on how the Agency carries out subsection (m) of section 
2209 of the Homeland Security Act of 2002 to coordinate vulnerability 
disclosures, including disclosures of cybersecurity vulnerabilities (as 
such term is defined in such section), and subsection (n) of such 
section (as added by section 2) to disseminate actionable protocols to 
mitigate cybersecurity vulnerabilities, that includes the following:
            (1) A description of the policies and procedures relating 
        to the coordination of vulnerability disclosures.
            (2) A description of the levels of activity in furtherance 
        of such subsections (m) and (n) of such section 2209.
            (3) Any plans to make further improvements to how 
        information provided pursuant to such subsections can be shared 
        (as such term is defined in such section 2209) between the 
        Department and industry and other stakeholders.
            (4) Any available information on the degree to which such 
        information was acted upon by industry and other stakeholders.
            (5) A description of how privacy and civil liberties are 
        preserved in the collection, retention, use, and sharing of 
        vulnerability disclosures.
    (b) Form.--The report required under subsection (b) shall be 
submitted in unclassified form but may contain a classified annex.

SEC. 4. COMPETITION RELATING TO CYBERSECURITY VULNERABILITIES.

    The Under Secretary for Science and Technology of the Department of 
Homeland Security, in consultation with the Director of the 
Cybersecurity and Infrastructure Security Agency of the Department, may 
establish an incentive-based program that allows industry, individuals, 
academia, and others to compete in providing remediation solutions for 
cybersecurity vulnerabilities (as such term is defined in section 2209 
of the Homeland Security Act of 2002, as amended by section 2).

            Passed the House of Representatives September 26, 2019.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```