II 

116TH CONGRESS 

1ST SESSION S. 1846 

To amend the Homeland Security Act of 2002 to provide for engagements 

with State, local, Tribal, and territorial governments, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2019 

Mr. PETERS (for himself and Mr. PORTMAN) 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 provide 

for engagements with State, local, Tribal, and territorial 

governments, and for other purposes. 

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 ‘‘State and Local Gov5 ernment Cybersecurity Act of 2019’’. 

6 SEC. 2. AMENDMENTS TO THE HOMELAND SECURITY ACT 

7 OF 2002. 

8 Subtitle A of title XXII of the Homeland Security 

9 Act of 2002 (6 U.S.C. 651 et seq.) is amended— 


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1 (1) in section 2201 (6 U.S.C. 651)— 

2 (A) by redesignating paragraphs (4), (5), 

3 and (6) as paragraphs (5), (6), and (7), respec4 tively; and 

5 (B) by inserting after paragraph (3) the 

6 following: 

7 ‘‘(4) ENTITY.—The term ‘entity’ shall in8 clude— 

9 ‘‘(A) an association, corporation, whether 

10 for-profit or nonprofit, partnership, proprietor11 ship, organization, institution, establishment, or 

12 individual, whether domestically or foreign 

13 owned, that has the legal capacity to enter into 

14 agreements or contracts, assume obligations, 

15 incur and pay debts, sue and be sued in its own 

16 right in a court of competent jurisdiction in the 

17 United States, and to be held responsible for its 

18 actions; 

19 ‘‘(B) a governmental agency or other gov20 ernmental entity, including State, local, Tribal, 

21 and territorial government entities; and 

22 ‘‘(C) the general public.’’; and 

23 (2) in section 2202 (6 U.S.C. 652)— 

24 (A) in subsection (c)— 


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1 (i) in paragraph (10), by striking 

2 ‘‘and’’ at the end; 

3 (ii) by redesignating paragraph (11) 

4 as paragraph (12); and 

5 (iii) by inserting after paragraph (10) 

6 the following: 

7 ‘‘(11) carry out the authority of the Secretary 

8 under subsection (e)(1)(R); and’’; and 

9 (B) in subsection (e)(1), by adding at the 

10 end the following: 

11 ‘‘(R) To make grants to and enter into co12 operative agreements or contracts with States, 

13 local governments, and other non-Federal enti14 ties as the Secretary determines necessary to 

15 carry out the responsibilities of the Secretary 

16 related to cybersecurity and infrastructure secu17 rity under this Act and any other provision of 

18 law, including grants, cooperative agreements, 

19 and contracts that provide assistance and edu20 cation related to cyber threat indicators, defen21 sive measures and cybersecurity technologies, 

22 cybersecurity risks, incidents, analysis, and 

23 warnings.’’; and 

24 (3) in section 2209 (6 U.S.C. 659)— 


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1 (A) in subsection (c)(6), by inserting 

2 ‘‘operational and’’ after ‘‘timely’’; 

3 (B) in subsection (d)(1)(E), by inserting ‘‘, 

4 including an entity that collaborates with elec5 tion officials,’’ after ‘‘governments’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(n) COORDINATION ON CYBERSECURITY FOR FED8 ERAL AND NON-FEDERAL ENTITIES.— 

9 ‘‘(1) COORDINATION.—The Center shall, to the 

10 extent practicable, and in coordination as appro11 priate with Federal and non-Federal entities, such 

12 as the Multi-State Information Sharing and Analysis 

13 Center— 

14 ‘‘(A) conduct exercises with Federal and 

15 non-Federal entities; 

16 ‘‘(B) provide operational and technical cy17 bersecurity training related to cyber threat indi18 cators, defensive measures, cybersecurity risks, 

19 and incidents to Federal and non-Federal enti20 ties to address cybersecurity risks or incidents, 

21 with or without reimbursement; 

22 ‘‘(C) assist Federal and non-Federal enti23 ties, upon request, in sharing cyber threat indi24 cators, defensive measures, cybersecurity risks, 

25 and incidents from and to the Federal GovernVerDate Sep 11 2014 23:00 Jun 15, 2019 Jkt 034408 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1846.IS S1846

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1 ment as well as among Federal and non-Fed2 eral entities, in order to increase situational 

3 awareness and help prevent incidents; 

4 ‘‘(D) provide notifications containing spe5 cific incident and malware information that 

6 may affect them or their customers and resi7 dents; 

8 ‘‘(E) provide and periodically update via a 

9 web portal and other means tools, products, re10 sources, policies, guidelines, controls, and other 

11 cybersecurity standards and best practices and 

12 procedures related to information security; 

13 ‘‘(F) work with senior Federal and non14 Federal officials, including State and local Chief 

15 Information Officers, senior election officials, 

16 and through national associations, to coordinate 

17 a nationwide effort to ensure effective imple18 mentation of tools, products, resources, policies, 

19 guidelines, controls, and procedures related to 

20 information security to secure and ensure the 

21 resiliency of Federal and non-Federal informa22 tion systems and including election systems; 

23 ‘‘(G) provide, upon request, operational 

24 and technical assistance to Federal and non25 Federal entities to implement tools, products, 


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1 resources, policies, guidelines, controls, and pro2 cedures on information security, including by, 

3 as appropriate, deploying and sustaining cyber4 security technologies, such as an intrusion de5 tection capability, to assist those Federal and 

6 non-Federal entities in detecting cybersecurity 

7 risks and incidents; 

8 ‘‘(H) assist Federal and non-Federal enti9 ties in developing policies and procedures for 

10 coordinating vulnerability disclosures, to the ex11 tent practicable, consistent with international 

12 and national standards in the information tech13 nology industry; 

14 ‘‘(I) ensure that Federal and non-Federal 

15 entities, as appropriate, are made aware of the 

16 tools, products, resources, policies, guidelines, 

17 controls, and procedures on information secu18 rity developed by the Department and other ap19 propriate Federal departments and agencies for 

20 ensuring the security and resiliency of civilian 

21 information systems; and 

22 ‘‘(J) promote cybersecurity education and 

23 awareness through engagements with Federal 

24 and non-Federal entities. 


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1 ‘‘(o) REPORT.—Not later than 1 year after the date 

2 of enactment of this subsection, and every 2 years there3 after, the Secretary shall submit to the Committee on 

4 Homeland Security and Governmental Affairs of the Sen5 ate and the Committee on Homeland Security of the 

6 House of Representatives a report on the status of cyber7 security measures that are in place, and any gaps that 

8 exist, in each State and in the largest urban areas of the 

9 United States. 

10 ‘‘(p) PILOT DEPLOYMENT OF SENSORS.— 

11 ‘‘(1) ESTABLISHMENT.—Not later than 180 

12 days after the date of enactment of this subsection, 

13 the Secretary shall establish a pilot program to de14 ploy network sensors capable of utilizing classified 

15 indicators for the purpose of identifying and filtering 

16 malicious network traffic. 

17 ‘‘(2) VOLUNTARY PARTICIPATION.—Activities 

18 related to the pilot program established under this 

19 subsection may only be carried out on a voluntary 

20 basis in coordination with the owner of the impacted 

21 network. 

22 ‘‘(3) EXPANSION AUTHORITY.—If, after 12 

23 months of deployment, the Secretary determines 

24 that the network sensors deployed pursuant to this 

25 subsection would provide network security benefits 


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1 to other critical infrastructure sectors, the Secretary 

2 may make additional network sensors available to 

3 those sectors on a voluntary basis at the request of 

4 critical infrastructure owners and operators. 

5 ‘‘(4) REPORT.—Not later than 1 year after the 

6 date on which the Secretary establishes the pilot 

7 program under this subsection, the Secretary shall 

8 submit to the Committee on Homeland Security and 

9 Governmental Affairs of the Senate and the Com10 mittee on Homeland Security of the House of Rep11 resentatives a report on the pilot program, which 

12 shall include— 

13 ‘‘(A) the status of the pilot program; 

14 ‘‘(B) the rate of voluntary participation in 

15 the pilot program; 

16 ‘‘(C) the effectiveness of the pilot program 

17 in detecting and blocking traffic that could not 

18 have been captured without the network sensors 

19 deployed under the pilot program; and 

20 ‘‘(D) recommendations for expanding the 

21 use of classified threat indicators to protect 

22 United States critical infrastructure.’’. 

Æ 


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