Title: Assessing a Cyber State of Distress Act of 2020
Policy area: Science, Technology, Communications

Summary:
Assessing a Cyber State of Distress Act of 2020
This bill requires the Department of Homeland Security (DHS) to assess the feasibility and advisability of establishing (1) an authority for the declaration of a cyber state of distress, and (2) a Cyber Response and Recovery Fund.
Both required assessments shall include a review of recommendations by the Cyberspace Solarium Commission established to develop a consensus on a strategic approach to defending the United States in cyberspace against cyberattacks of significant consequences.
Further, the assessment of an authority for declaring a cyber state of distress shall include the development of additional recommendations relating to (1) any determinations that DHS should make and other actions that should be taken before DHS is authorized to declare or renew a cyber state of distress, (2) the definition of the term significant cyber incident, and (3) the appropriate duration of a cyber state of distress.
The assessment of a Cyber Response and Recovery Fund shall include the development of additional recommendations relating to (1) the administration of such a fund, (2) the eligibility of entities that may receive support from such fund, and (3) allowable expenses for such fund.
DHS must provide a briefing that includes findings from each assessment and legislative proposals for the establishment of an authority for the declaration of a cyber state of distress and a Cyber Response and Recovery Fund.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4226 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4226

To require the Secretary of Homeland Security to conduct an assessment 
  of the feasibility and advisability of establishing a fund for the 
  response to, and recovery from, a cyber state of distress, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2020

  Mr. Peters introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Homeland Security to conduct an assessment 
  of the feasibility and advisability of establishing a fund for the 
  response to, and recovery from, a cyber state of distress, 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 ``Assessing a Cyber State of Distress 
Act of 2020''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security and the 
                Committee on Oversight and Reform of the House of 
                Representatives.
            (2) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given the term in section 
        1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e)).
            (3) Cyber response and recovery fund.--The term ``Cyber 
        Response and Recovery Fund'' means a fund intended to support 
        the response and recovery from a significant cyber incident, 
        the disbursement of which may be triggered by a declaration of 
        a cyber state of distress.
            (4) Cyber state of distress.--The term ``cyber state of 
        distress'' means a state of distress that--
                    (A) begins with a Federal declaration; and
                    (B) triggers additional financial and material 
                assistance in responding to significant cyber 
                incidents.
            (5) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Northern Mariana Islands, the United States 
        Virgin Islands, Guam, American Samoa, and any other territory 
        or possession of the United States.

SEC. 3. ASSESSMENT OF CYBER STATE OF DISTRESS.

    (a) In General.--Not later than 180 days after the enactment of 
this Act, the Secretary of Homeland Security, in consultation with the 
head of any agency or non-Federal entity determined appropriate by the 
Secretary, shall conduct an assessment of the feasibility and 
advisability of establishing an authority for the declaration of a 
cyber state of distress.
    (b) Elements.--The assessment required under subsection (a) shall 
include--
            (1) a review of recommendations developed by the Cyberspace 
        Solarium Commission under section 1652(k) of the John S. McCain 
        National Defense Authorization Act for Fiscal Year 2019 (Public 
        Law 115-232; 132 Stat. 2146); and
            (2) the development of additional recommendations relating 
        to--
                    (A) the determinations that the Secretary should 
                make and any other actions that should be taken before 
                the Secretary is authorized to declare or renew a cyber 
                state of distress, including whether the declaration or 
                any renewal should require congressional oversight or 
                approval;
                    (B) the definition of the term ``significant cyber 
                incident'', which shall include a consideration of the 
                threat and scope or magnitude of the impact of such an 
                incident;
                    (C) the authority for the coordination, including 
                the extent and type of coordination, of the response 
                of--
                            (i) Federal, State, local, and Tribal 
                        governments, including the National Guard; and
                            (ii) private entities;
                    (D) the appropriate duration of a cyber state of 
                distress and any renewal of a cyber state of distress;
                    (E) whether there should be a limitation on the 
                number of renewals of a cyber state of distress, with 
                or without congressional oversight or approval;
                    (F) the interaction, duplication, coordination, and 
                deconfliction of--
                            (i) authorities or functions for the 
                        preparation for, response to, or recovery from 
                        a significant cyber incident that the Secretary 
                        of Homeland Security recommends granting or 
                        assigning under this paragraph; and
                            (ii) existing authorities or functions 
                        established by law or policy that may relate to 
                        preparing for, responding to, or recovery from 
                        a significant cyber incident, including under--
                                    (I) the Robert T. Stafford Disaster 
                                Relief and Emergency Assistance Act (42 
                                U.S.C. 5121 et seq.);
                                    (II) the National Emergencies Act 
                                (50 U.S.C. 1601 et seq.);
                                    (III) continuity of government 
                                plans;
                                    (IV) other national disaster plans; 
                                and
                                    (V) any other Federal authority the 
                                Secretary of Homeland Security 
                                determines appropriate;
                    (G) appropriate exemptions from applicable legal 
                requirements necessary to facilitate activities during 
                a cyber state of distress;
                    (H) the scope of any allowable activities--
                            (i) in preparation for a declaration of a 
                        cyber state of distress;
                            (ii) during a cyber state of distress; or
                            (iii) immediately following the termination 
                        of the cyber state of distress;
                    (I) the scope of any other interaction between 
                Federal entities and between Federal and non-Federal 
                entities; and
                    (J) any other aspects of a cyber state of distress 
                that the Secretary of Homeland Security determines 
                relevant.

SEC. 4. ASSESSMENT OF CYBER RESPONSE AND RECOVERY FUND.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall conduct 
an assessment of the feasibility and advisability of establishing a 
Cyber Response and Recovery Fund.
    (b) Elements.--The assessment required under subsection (a) shall 
include--
            (1) a review of recommendations developed by the Cyberspace 
        Solarium Commission under section 1652(k) of the John S. McCain 
        National Defense Authorization Act for Fiscal Year 2019 (Public 
        Law 115-232; 132 Stat. 2146); and
            (2) the development of additional recommendations relating 
        to--
                    (A) the administration of a Cyber Response and 
                Recovery Fund;
                    (B) the eligibility of entities that may receive 
                direct or indirect support under a Cyber Response and 
                Recovery Fund, including eligibility for the receipt of 
                direct or indirect support by--
                            (i) Federal entities;
                            (ii) State, local, and Tribal governments;
                            (iii) owners and operators of critical 
                        infrastructure; and
                            (iv) private sector entities that are not 
                        owners or operators of critical infrastructure;
                    (C) allowable expenses for a Cyber Response and 
                Recovery Fund;
                    (D) whether any entity receiving funds from the 
                Cyber Response and Recovery Fund should be required to 
                match funds or reimburse any funds to the Cyber 
                Response and Recovery Fund; and
                    (E) with respect to funding available for the 
                response to, and recovery from a significant cyber 
                incident, the interaction, duplication, coordination, 
                and deconfliction of that funding, or applications for 
                that funding, provided--
                            (i) from a Cyber Response and Recovery 
                        Fund; or
                            (ii) under--
                                    (I) the Robert T. Stafford Disaster 
                                Relief and Emergency Assistance Act (42 
                                U.S.C. 5121 et seq.);
                                    (II) the National Emergencies Act 
                                (50 U.S.C. 1601 et seq.); or
                                    (III) any other Federal grant 
                                program relating to cybersecurity or 
                                natural disaster response or recovery.

SEC. 5. BRIEFING.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall provide 
a briefing to each appropriate congressional committee on the 
assessments carried out by the Secretary of Homeland Security under 
sections 3 and 4 that includes--
            (1) the findings from the assessments; and
            (2) legislative proposals for the establishment of--
                    (A) an authority for the declaration of a cyber 
                state of distress; and
                    (B) a Cyber Response and Recovery Fund.
    (b) Format.--Each briefing required under subsection (a)--
            (1) shall be completed in a manner that is unclassified; 
        and
            (2) may include a classified component.
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