Hack the Department of Homeland Security Act of 2018

Bill: 115-s-1281
Sponsor: full_name: Sen. Hassan, Margaret Wood [D-NH]
Introduced: 2017-05-25
Policy area: Government Operations and Politics
Subjects: Computer security and identity theft

Criminal investigation, prosecution, interrogation

Department of Homeland Security

Government information and archives

Public contracts and procurement
Latest action: action_date: 2018-09-25
text: Placed on the Union Calendar, Calendar No. 752.

Summaries:
action_date: 2017-05-25
action_desc: Introduced in Senate
text: <p><strong>Hack the Department of Homeland Security Act of 2017 or the Hack DHS Act</strong></p> <p>This bill directs the Department of Homeland Security (DHS) to establish a bug bounty pilot program to minimize vulnerabilities to DHS information systems.</p> <p> &quot;Bug bounty program&quot; is a program under which an approved computer security specialist or security researcher is temporarily authorized to identify and report vulnerabilities within DHS information systems in exchange for cash payment.</p> <p>Under such program, DHS shall:</p> <ul> <li>provide monetary compensation for reports of previously unidentified security vulnerabilities within the websites, applications, and other DHS information systems that are accessible to the public; </li> <li> develop an expeditious process by which computer security researchers can register with DHS, submit to a background check, and receive a determination as to approval for program participation; </li> <li> designate mission-critical operations within DHS that should be excluded; </li> <li>consult with the Department of Justice on how to ensure that program participants are protected from prosecution for activities authorized under the program;</li> <li> award competitive contracts to manage the program and for executing the remediation of identified vulnerabilities; and </li> <li> engage interested persons, including commercial sector representatives, about the structure of the program.</li> </ul>

action_date: 2018-02-26
action_desc: Reported to Senate with amendment(s)
text: <p><strong>Hack the Department of Homeland Security Act of 2017 or the Hack DHS Act</strong></p> <p>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 of DHS Internet-facing information technology.</p> <p> 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 DHS Internet-facing information technology in exchange for compensation.</p> <p>Under such program, DHS shall:</p> <ul> <li>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; </li> <li>award a competitive contract to manage the pilot program and for executing the remediation of vulnerabilities identified by the program; </li> <li> designate mission-critical operations within DHS that should be excluded from the pilot program; </li> <li>consult with the Department of Justice on how to protect from prosecution approved individuals or entities who comply with the requirements of the program;</li> <li> develop an expeditious process for registration, background checks, and eligibility determinations for participation in the pilot program; and </li> <li> engage interested persons about the structure of the program.</li> </ul> <p>DHS must report to Congress on the pilot program within 90 days of its completion.</p>

action_date: 2018-04-17
action_desc: Passed Senate amended
text: <p><strong>Hack the Department of Homeland Security Act of 2017 or the Hack DHS Act</strong></p> <p>(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.</p> <p> 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.</p> <p>Under such program, DHS shall:</p> <ul> <li>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; </li> <li>award a competitive contract tomanage the pilot program and for executing the remediation of vulnerabilities identified bythe program; </li> <li> designate mission-critical operations within DHS that should be excluded from the pilot program; </li> <li>consult with the Department of Justice on how to protect from prosecution approved individuals or entities who comply with the requirements of the program;</li> <li> develop an expeditious process for registration, background checks, and eligibility determinations for participation in the pilot program; and </li> <li> engage interested persons about the structure of the program.</li> </ul> <p>DHS must report to Congress on the program within 180 days of its completion.</p>

tv_txt: II 115th CONGRESS 1st Session S. 1281 IN THE SENATE OF THE UNITED STATES May 25, 2017 Ms. Hassan (for herself, Mr. Portman , Mrs. McCaskill , and Ms. Harris ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish a bug bounty pilot program within the Department of Homeland Security, and for other purposes.

1. Short title This Act may be cited as the Hack the Department of Homeland Security Act of 2017 or the Hack DHS Act . 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 computer security specialist or security researcher is temporarily authorized to identify and report vulnerabilities within the information system of the Department in exchange for cash payment. (2) Department The term Department means the Department of Homeland Security. (3) Information system The term information system has the meaning given the term in section 3502 of title 44, 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 a bug bounty pilot program to minimize vulnerabilities to the information systems of the Department. (2) Requirements In establishing the pilot program, the Secretary shall— (A) provide monetary compensation for reports of previously unidentified security vulnerabilities within the websites, applications, and other information systems of the Department that are accessible to the public; (B) develop an expeditious process by which computer security researchers can register with the Department, submit to a background check as determined by the Department, and receive a determination as to approval for participation in 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 computer security specialists and security researchers who participate in 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) award competitive contracts as necessary to manage the pilot program and for executing the remediation of vulnerabilities identified as a consequence of the pilot program; and (G) engage interested persons, including commercial sector representatives, about the structure of the pilot program as constructive and to the extent practicable. (c) Report Not later than 90 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 computer security researchers involved in the pilot program, broken down by the number of computer security researchers who— (A) registered; (B) were approved; (C) submitted security vulnerabilities; and (D) received monetary compensation; (2) the number and severity of previously unidentified 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 average length of time between the reporting of security vulnerabilities and remediation of the vulnerabilities; (5) the average amount of monetary compensation paid per unique vulnerability submitted under the pilot program and the total amount of monetary compensation paid to computer security researchers under the pilot program; and (6) 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.

tv_txt: II Calendar No. 335 115th CONGRESS 2d Session S. 1281 [Report No. 115–209] IN THE SENATE OF THE UNITED STATES May 25, 2017 Ms. Hassan (for herself, Mr. Portman , Mrs. McCaskill , Ms. Harris , and Mr. Gardner ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs February 26, 2018 Reported by Mr. Johnson , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To establish a bug bounty pilot program within the Department of Homeland Security, and for other purposes.

1. Short title This Act may be cited as the Hack the Department of Homeland Security Act of 2017 or the Hack DHS Act . 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 computer security specialist or security researcher is temporarily authorized to identify and report vulnerabilities within the information system of the Department in exchange for cash payment. (2) Department The term Department means the Department of Homeland Security. (3) Information system The term information system has the meaning given the term in section 3502 of title 44, 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 a bug bounty pilot program to minimize vulnerabilities to the information systems of the Department. (2) Requirements In establishing the pilot program, the Secretary shall— (A) provide monetary compensation for reports of previously unidentified security vulnerabilities within the websites, applications, and other information systems of the Department that are accessible to the public; (B) develop an expeditious process by which computer security researchers can register with the Department, submit to a background check as determined by the Department, and receive a determination as to approval for participation in 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 computer security specialists and security researchers who participate in 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) award competitive contracts as necessary to manage the pilot program and for executing the remediation of vulnerabilities identified as a consequence of the pilot program; and (G) engage interested persons, including commercial sector representatives, about the structure of the pilot program as constructive and to the extent practicable. (c) Report Not later than 90 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 computer security researchers involved in the pilot program, broken down by the number of computer security researchers who— (A) registered; (B) were approved; (C) submitted security vulnerabilities; and (D) received monetary compensation; (2) the number and severity of previously unidentified 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 average length of time between the reporting of security vulnerabilities and remediation of the vulnerabilities; (5) the average amount of monetary compensation paid per unique vulnerability submitted under the pilot program and the total amount of monetary compensation paid to computer security researchers under the pilot program; and (6) 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.

1. Short title This Act may be cited as the Hack the Department of Homeland Security Act of 2017 or the Hack DHS Act . 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 90 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.

February 26, 2018 Reported with an amendment

tv_txt: 115th CONGRESS 2d Session S. 1281 IN THE SENATE OF THE UNITED STATES AN ACT To establish a bug bounty pilot program within the Department of Homeland Security, and for other purposes.

1. Short title This Act may be cited as the Hack the Department of Homeland Security Act of 2017 or the Hack DHS Act . 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. Secretary

tv_txt: IC 115th CONGRESS 2d Session S. 1281 IN THE HOUSE OF REPRESENTATIVES April 18, 2018 Referred to the Committee on Homeland Security AN ACT To establish a bug bounty pilot program within the Department of Homeland Security, and for other purposes.

1. Short title This Act may be cited as the Hack the Department of Homeland Security Act of 2017 or the Hack DHS Act . 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. Julie E. Adams, Secretary

tv_txt: ID Union Calendar No. 752 115th CONGRESS 2d Session S. 1281 [Report No. 115–964] IN THE HOUSE OF REPRESENTATIVES April 18, 2018 Referred to the Committee on Homeland Security September 25, 2018 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on April 18, 2018 An Act To establish a bug bounty pilot program within the Department of Homeland Security, and for other purposes.

1. Short title This Act may be cited as the Hack the Department of Homeland Security Act of 2018 or the Hack DHS Act . 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— (A) individuals, organizations, and companies are temporarily authorized to identify and report vulnerabilities of appropriate information systems of the Department; and (B) eligible individuals, organizations, and companies receive compensation in exchange for such reports. (2) Department The term Department means the Department of Homeland Security. (3) Eligible individual, organization, or company The term eligible individual, organization, or company means an individual, organization, or company that meets such criteria as the Secretary determines in order to receive compensation in compliance with Federal laws. (4) Information system The term information system has the meaning given that term by section 3502 of title 44, United States Code. (5) Pilot program The term pilot program means the bug bounty pilot program required to be established under subsection (b)(1). (6) 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 appropriate information systems of the Department. (2) Requirements In establishing and conducting the pilot program, the Secretary shall— (A) designate appropriate information systems to be included in the pilot program; (B) provide compensation to eligible individuals, organizations, and companies for reports of previously unidentified security vulnerabilities within the information systems designated under subparagraph (A); (C) establish criteria for individuals, organizations, and companies to be considered eligible for compensation under the pilot program in compliance with Federal laws; (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, and civil lawsuits for specific activities authorized under the pilot program; (E) consult with the Secretary of Defense and the heads of other departments and agencies that have implemented programs to provide compensation for reports of previously undisclosed vulnerabilities in information systems, regarding lessons that may be applied from such programs; and (F) develop an expeditious process by which an individual, organization, or company can register with the Department, submit to a background check as determined by the Department, and receive a determination as to eligibility; 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. (3) Contract In establishing the pilot program, the Secretary, subject to the availability of appropriations, may award one or more competitive contracts to an entity, as necessary, to manage the pilot program. (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 individuals, organizations, or companies that participated in the pilot program, broken down by the number of individuals, organizations, or companies that— (A) registered; (B) were determined eligible; (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 2019 to carry out this Act.

September 25, 2018 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed