Public-Private Cybersecurity Cooperation Act

Bill: 115-hr-6735
Sponsor: full_name: Rep. McCarthy, Kevin [R-CA-23]
Introduced: 2018-09-07
Policy area: Emergency Management
Subjects: Computer security and identity theft

Computers and information technology

Congressional oversight

Homeland security

Public-private cooperation
Latest action: action_date: 2018-09-26
text: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Summaries:
action_date: 2018-09-07
action_desc: Introduced in House
text: <p>This bill directs the Department of Homeland Security (DHS) to: (1) establish a policy applicable to individuals and entities that reports security vulnerabilities on DHS public websites, (2) develop a process for mitigation or remediation of security vulnerabilities that are reported, (3) consult with specified federal departments and nongovernmental security researchers in developing the policy, and (4) submit the policy and the remediation process to Congress. DHS must make such policy publicly available.</p>

tv_txt: I 115th CONGRESS 2d Session H. R. 6735 IN THE HOUSE OF REPRESENTATIVES September 7, 2018 Mr. McCarthy (for himself, Mr. Hurd , Mr. Langevin , and Mr. Ratcliffe ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To direct the Secretary of Homeland Security to establish a vulnerability disclosure policy for Department of Homeland Security internet websites, and for other purposes.

1. Department of Homeland Security disclosure of security vulnerabilities (a) Vulnerability disclosure policy The Secretary of Homeland Security shall establish a policy applicable to individuals, organizations, and companies that report security vulnerabilities on Department of Homeland Security public internet websites that shall include— (1) the information technology to which the policy applies; (2) the conditions under which parties may legally operate to discover and report security vul­ner­a­bil­i­ties; (3) how individuals, organizations, and companies should disclose discovered security vul­ner­a­bil­i­ties to the Department; (4) the communication that parties that report security vulnerabilities should expect from the Department; and (5) how the Department will disclose, or how parties that report security vulnerabilities may disclose, reported security vulnerabilities. (b) Remediation process The Secretary shall develop a process for the Department of Homeland Security to address how the Department will mitigate or remediate security vulnerabilities reported through the policy developed in subsection (a). (c) Consultation In developing the security vulnerability disclosure policy under subsection (a), the Secretary shall consult with— (1) the Attorney General regarding how to ensure that individuals, organizations, and companies that comply with the requirements of the policy developed under subsection (a) are protected from prosecution under section 1030 of title 18, United States Code, civil lawsuits, and similar provisions of law with respect to specific activities authorized under the policy; (2) the Secretary of Defense and the Administrator of General Services regarding lessons that may be applied from existing vulnerability disclosure programs; and (3) non-governmental security researchers. (d) Public availability The Secretary shall make the policy developed under subsection (a) publicly available. (e) Submission to Congress (1) Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to Congress the policy required under subsection (a) and the remediation process required under subsection (b). (2) Not later than one year after creating the policy required under subsection (a) the Secretary shall submit a report to Congress, and annually thereafter for each of the next three years, the Secretary shall brief Congress with the following information with respect to the policy required under subsection (a) and the process required under subsection (b): (A) the number of unique security vul­ner­a­bil­i­ties reported; (B) the number of previously unknown security vulnerabilities mitigated or remediated; (C) the number of unique parties that reported security vulnerabilities; and (D) the average length of time between the reporting of security vulnerabilities and mitigation or remediation of such vul­ner­a­bil­i­ties. (f) Definitions In this section— (1) the term security vulnerability has the meaning given that term in section 1501 of title 6, United States Code, in information technology; and (2) the term information system has the meaning given that term by section 3502 of title 44, United States Code.

tv_txt: I 115th CONGRESS 2d Session H. R. 6735 IN THE HOUSE OF REPRESENTATIVES AN ACT To direct the Secretary of Homeland Security to establish a vulnerability disclosure policy for Department of Homeland Security internet websites, and for other purposes.

1. Short title This Act may be cited as the Public-Private Cybersecurity Cooperation Act . 2. Department of Homeland Security disclosure of security vulnerabilities (a) Vulnerability disclosure policy The Secretary of Homeland Security shall establish a policy applicable to individuals, organizations, and companies that report security vulnerabilities on appropriate information systems of Department of Homeland Security. Such policy shall include each of the following: (1) The appropriate information systems of the Department that individuals, organizations, and companies may use to discover and report security vulnerabilities on appropriate information systems. (2) The conditions and criteria under which individuals, organizations, and companies may operate to discover and report security vulnerabilities. (3) How individuals, organizations, and companies may disclose to the Department security vulnerabilities discovered on appropriate information systems of the Department. (4) The ways in which the Department may communicate with individuals, organizations, and companies that report security vulnerabilities. (5) The process the Department shall use for public disclosure of reported security vulnerabilities. (b) Remediation process The Secretary of Homeland Security shall develop a process for the Department of Homeland Security to address the mitigation or remediation of the security vulnerabilities reported through the policy developed in subsection (a). (c) Consultation In developing the security vulnerability disclosure policy under subsection (a), the Secretary of Homeland Security shall consult with each of the following: (1) The Attorney General regarding how to ensure that individuals, organizations, and companies that comply with the requirements of the policy developed under subsection (a) are protected from prosecution under section 1030 of title 18, United States Code, civil lawsuits, and similar provisions of law with respect to specific activities authorized under the policy. (2) The Secretary of Defense and the Administrator of General Services regarding lessons that may be applied from existing vulnerability disclosure policies. (3) Non-governmental security researchers. (d) Public availability The Secretary of Homeland Security shall make the policy developed under subsection (a) publicly available. (e) Submission to Congress (1) Disclosure policy and remediation process Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a copy of the policy required under subsection (a) and the remediation process required under subsection (b). (2) Report and briefing (A) Report Not later than one year after establishing the policy required under subsection (a), the Secretary of Homeland Security shall submit to Congress a report on such policy and the remediation process required under subsection (b). (B) Annual briefings One year after the date of the submission of the report under subparagraph (A), and annually thereafter for each of the next three years, the Secretary of Homeland Security shall provide to Congress a briefing on the policy required under subsection (a) and the process required under subsection (b). (C) Matters for inclusion The report required under subparagraph (A) and the briefings required under subparagraph (B) shall include each of the following with respect to the policy required under subsection (a) and the process required under subsection (b) for the period covered by the report or briefing, as the case may be: (i) The number of unique security vulnerabilities reported. (ii) The number of previously unknown security vulnerabilities mitigated or remediated. (iii) The number of unique individuals, organizations, and companies that reported security vulnerabilities. (iv) The average length of time between the reporting of security vulnerabilities and mitigation or remediation of such vulnerabilities. (f) Definitions In this section: (1) The term security vulnerability has the meaning given that term in section 102(17) of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501(17) ), in information technology. (2) The term information system has the meaning given that term by section 3502(12) of title 44, United States Code. (3) The term appropriate information system means an information system that the Secretary of Homeland Security selects for inclusion under the vulnerability disclosure policy required by subsection (a).

Passed the House of Representatives September 25, 2018. Karen L. Haas, Clerk.

tv_txt: IIB 115th CONGRESS 2d Session H. R. 6735 IN THE SENATE OF THE UNITED STATES September 26, 2018 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs AN ACT To direct the Secretary of Homeland Security to establish a vulnerability disclosure policy for Department of Homeland Security internet websites, and for other purposes.

1. Short title This Act may be cited as the Public-Private Cybersecurity Cooperation Act . 2. Department of Homeland Security disclosure of security vulnerabilities (a) Vulnerability disclosure policy The Secretary of Homeland Security shall establish a policy applicable to individuals, organizations, and companies that report security vulnerabilities on appropriate information systems of Department of Homeland Security. Such policy shall include each of the following: (1) The appropriate information systems of the Department that individuals, organizations, and companies may use to discover and report security vulnerabilities on appropriate information systems. (2) The conditions and criteria under which individuals, organizations, and companies may operate to discover and report security vulnerabilities. (3) How individuals, organizations, and companies may disclose to the Department security vulnerabilities discovered on appropriate information systems of the Department. (4) The ways in which the Department may communicate with individuals, organizations, and companies that report security vulnerabilities. (5) The process the Department shall use for public disclosure of reported security vulnerabilities. (b) Remediation process The Secretary of Homeland Security shall develop a process for the Department of Homeland Security to address the mitigation or remediation of the security vulnerabilities reported through the policy developed in subsection (a). (c) Consultation In developing the security vulnerability disclosure policy under subsection (a), the Secretary of Homeland Security shall consult with each of the following: (1) The Attorney General regarding how to ensure that individuals, organizations, and companies that comply with the requirements of the policy developed under subsection (a) are protected from prosecution under section 1030 of title 18, United States Code, civil lawsuits, and similar provisions of law with respect to specific activities authorized under the policy. (2) The Secretary of Defense and the Administrator of General Services regarding lessons that may be applied from existing vulnerability disclosure policies. (3) Non-governmental security researchers. (d) Public availability The Secretary of Homeland Security shall make the policy developed under subsection (a) publicly available. (e) Submission to Congress (1) Disclosure policy and remediation process Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a copy of the policy required under subsection (a) and the remediation process required under subsection (b). (2) Report and briefing (A) Report Not later than one year after establishing the policy required under subsection (a), the Secretary of Homeland Security shall submit to Congress a report on such policy and the remediation process required under subsection (b). (B) Annual briefings One year after the date of the submission of the report under subparagraph (A), and annually thereafter for each of the next three years, the Secretary of Homeland Security shall provide to Congress a briefing on the policy required under subsection (a) and the process required under subsection (b). (C) Matters for inclusion The report required under subparagraph (A) and the briefings required under subparagraph (B) shall include each of the following with respect to the policy required under subsection (a) and the process required under subsection (b) for the period covered by the report or briefing, as the case may be: (i) The number of unique security vulnerabilities reported. (ii) The number of previously unknown security vulnerabilities mitigated or remediated. (iii) The number of unique individuals, organizations, and companies that reported security vulnerabilities. (iv) The average length of time between the reporting of security vulnerabilities and mitigation or remediation of such vulnerabilities. (f) Definitions In this section: (1) The term security vulnerability has the meaning given that term in section 102(17) of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501(17) ), in information technology. (2) The term information system has the meaning given that term by section 3502(12) of title 44, United States Code. (3) The term appropriate information system means an information system that the Secretary of Homeland Security selects for inclusion under the vulnerability disclosure policy required by subsection (a).

Passed the House of Representatives September 25, 2018. Karen L. Haas, Clerk.

tv_txt: IB Union Calendar No. 749 115th CONGRESS 2d Session H. R. 6735 [Report No. 115–961] IN THE HOUSE OF REPRESENTATIVES September 7, 2018 Mr. McCarthy (for himself, Mr. Hurd , Mr. Langevin , and Mr. Ratcliffe ) introduced the following bill; which was 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 September 7, 2018 A BILL To direct the Secretary of Homeland Security to establish a vulnerability disclosure policy for Department of Homeland Security internet websites, and for other purposes.

1. Short title This Act may be cited as the Public-Private Cybersecurity Cooperation Act . 2. Department of Homeland Security disclosure of security vulnerabilities (a) Vulnerability disclosure policy The Secretary of Homeland Security shall establish a policy applicable to individuals, organizations, and companies that report security vulnerabilities on appropriate information systems of Department of Homeland Security. Such policy shall include each of the following: (1) The appropriate information systems of the Department that individuals, organizations, and companies may use to discover and report security vulnerabilities on appropriate information systems. (2) The conditions and criteria under which individuals, organizations, and companies may operate to discover and report security vulnerabilities. (3) How individuals, organizations, and companies may disclose to the Department security vulnerabilities discovered on appropriate information systems of the Department. (4) The ways in which the Department may communicate with individuals, organizations, and companies that report security vulnerabilities. (5) The process the Department shall use for public disclosure of reported security vulnerabilities. (b) Remediation process The Secretary of Homeland Security shall develop a process for the Department of Homeland Security to address the mitigation or remediation of the security vulnerabilities reported through the policy developed in subsection (a). (c) Consultation In developing the security vulnerability disclosure policy under subsection (a), the Secretary of Homeland Security shall consult with each of the following: (1) The Attorney General regarding how to ensure that individuals, organizations, and companies that comply with the requirements of the policy developed under subsection (a) are protected from prosecution under section 1030 of title 18, United States Code, civil lawsuits, and similar provisions of law with respect to specific activities authorized under the policy. (2) The Secretary of Defense and the Administrator of General Services regarding lessons that may be applied from existing vulnerability disclosure policies. (3) Non-governmental security researchers. (d) Public availability The Secretary of Homeland Security shall make the policy developed under subsection (a) publicly available. (e) Submission to Congress (1) Disclosure policy and remediation process Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a copy of the policy required under subsection (a) and the remediation process required under subsection (b). (2) Report and briefing (A) Report Not later than one year after establishing the policy required under subsection (a), the Secretary of Homeland Security shall submit to Congress a report on such policy and the remediation process required under subsection (b). (B) Annual briefings One year after the date of the submission of the report under subparagraph (A), and annually thereafter for each of the next three years, the Secretary of Homeland Security shall provide to Congress a briefing on the policy required under subsection (a) and the process required under subsection (b). (C) Matters for inclusion The report required under subparagraph (A) and the briefings required under subparagraph (B) shall include each of the following with respect to the policy required under subsection (a) and the process required under subsection (b) for the period covered by the report or briefing, as the case may be: (i) The number of unique security vulnerabilities reported. (ii) The number of previously unknown security vulnerabilities mitigated or remediated. (iii) The number of unique individuals, organizations, and companies that reported security vulnerabilities. (iv) The average length of time between the reporting of security vulnerabilities and mitigation or remediation of such vulnerabilities. (f) Definitions In this section: (1) The term security vulnerability has the meaning given that term in section 102(17) of the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501(17) ), in information technology. (2) The term information system has the meaning given that term by section 3502(12) of title 44, United States Code. (3) The term appropriate information system means an information system that the Secretary of Homeland Security selects for inclusion under the vulnerability disclosure policy required by subsection (a).

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