[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3309 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 716
115th CONGRESS
  2d Session
                                S. 3309

                          [Report No. 115-412]

    To authorize cyber incident response teams at the Department of 
               Homeland Security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2018

Ms. Hassan (for herself and Mr. Portman) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                            December 4, 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 authorize cyber incident response teams at the Department of 
               Homeland Security, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``DHS Cyber Incident Response 
Teams Act of 2018''.</DELETED>

<DELETED>SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBER INCIDENT 
              RESPONSE TEAMS.</DELETED>

<DELETED>    (a) In General.--Section 227 of the Homeland Security Act 
of 2002 (6 U.S.C. 148) is amended--</DELETED>
        <DELETED>    (1) in subsection (d)(1)(B)(iv), by inserting ``, 
        including cybersecurity specialists'' after 
        ``entities'';</DELETED>
        <DELETED>    (2) by redesignating subsections (f) through (m) 
        as subsections (g) through (n), respectively;</DELETED>
        <DELETED>    (3) by inserting after subsection (e) the 
        following:</DELETED>
<DELETED>    ``(f) Cyber Incident Response Teams.--</DELETED>
        <DELETED>    ``(1) In general.--The Center shall maintain cyber 
        hunt and incident response teams for the purpose of providing, 
        as appropriate and upon request, assistance, including--
        </DELETED>
                <DELETED>    ``(A) assistance to asset owners and 
                operators in restoring services following a cyber 
                incident;</DELETED>
                <DELETED>    ``(B) identification of cybersecurity risk 
                and unauthorized cyber activity;</DELETED>
                <DELETED>    ``(C) mitigation strategies to prevent, 
                deter, and protect against cybersecurity 
                risks;</DELETED>
                <DELETED>    ``(D) recommendations to asset owners and 
                operators for improving overall network and control 
                systems security to lower cybersecurity risks, and 
                other recommendations, as appropriate; and</DELETED>
                <DELETED>    ``(E) such other capabilities as the Under 
                Secretary appointed under section 103(a)(1)(H) 
                determines appropriate.</DELETED>
        <DELETED>    ``(2) Cybersecurity specialists.--The Secretary 
        may include cybersecurity specialists from the private sector 
        on cyber hunt and incident response teams.</DELETED>
        <DELETED>    ``(3) Associated metrics.--The Center shall 
        continually assess and evaluate the cyber incident response 
        teams and the operations of those cyber incident response teams 
        using robust metrics.</DELETED>
        <DELETED>    ``(4) Report.--At the conclusion of each of the 
        first 4 fiscal years after the date of the enactment of this 
        subsection, the Center 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 that includes--</DELETED>
                <DELETED>    ``(A) information relating to the metrics 
                used for evaluation and assessment of the cyber 
                incident response teams and operations under paragraph 
                (3), including the resources and staffing of those 
                cyber incident response teams; and</DELETED>
                <DELETED>    ``(B) for the period covered by the 
                report--</DELETED>
                        <DELETED>    ``(i) the total number of incident 
                        response requests received;</DELETED>
                        <DELETED>    ``(ii) the number of incident 
                        response tickets opened; and</DELETED>
                        <DELETED>    ``(iii) a statement of--</DELETED>
                                <DELETED>    ``(I) all interagency 
                                staffing of incident response teams; 
                                and</DELETED>
                                <DELETED>    ``(II) the interagency 
                                collaborations established to support 
                                incident response teams.''; 
                                and</DELETED>
        <DELETED>    (4) in subsection (g), as so redesignated--
        </DELETED>
                <DELETED>    (A) in paragraph (1), by inserting ``, or 
                any team or activity of the Center,'' after ``Center''; 
                and</DELETED>
                <DELETED>    (B) in paragraph (2), by inserting ``, or 
                any team or activity of the Center,'' after 
                ``Center''.</DELETED>
<DELETED>    (b) No Additional Funds Authorized.--No additional funds 
are authorized to be appropriated to carry out the requirements of this 
Act and the amendments made by this Act. Such requirements shall be 
carried out using amounts otherwise authorized to be 
appropriated.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DHS Cyber Incident Response Teams 
Act of 2018''.

SEC. 2. DEPARTMENT OF HOMELAND SECURITY CYBER HUNT AND INCIDENT 
              RESPONSE TEAMS.

    (a) In General.--Section 227 of the Homeland Security Act of 2002 
(6 U.S.C. 148) is amended--
            (1) in subsection (d)(1)(B)(iv), by inserting ``, including 
        cybersecurity specialists'' after ``entities'';
            (2) by redesignating subsections (f) through (m) as 
        subsections (g) through (n), respectively;
            (3) by inserting after subsection (e) the following:
    ``(f) Cyber Hunt and Incident Response Teams.--
            ``(1) In general.--The Center shall maintain cyber hunt and 
        incident response teams for the purpose of leading Federal 
        asset response activities and providing timely technical 
        assistance to Federal and non-Federal entities, including 
        across all critical infrastructure sectors, regarding actual or 
        potential security incidents, as appropriate and upon request, 
        including--
                    ``(A) assistance to asset owners and operators in 
                restoring services following a cyber incident;
                    ``(B) identification and analysis of cybersecurity 
                risk and unauthorized cyber activity;
                    ``(C) mitigation strategies to prevent, deter, and 
                protect against cybersecurity risks;
                    ``(D) recommendations to asset owners and operators 
                for improving overall network and control systems 
                security to lower cybersecurity risks, and other 
                recommendations, as appropriate; and
                    ``(E) such other capabilities as the Secretary 
                determines appropriate.
            ``(2) Associated metrics.--The Center shall continually 
        assess and evaluate the cyber hunt and incident response teams 
        and the operations of those cyber hunt and incident response 
        teams using robust metrics.
            ``(3) Report.--At the conclusion of each of the first 4 
        fiscal years after the date of enactment of the DHS Cyber 
        Incident Response Teams Act of 2018, the Center 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 that includes--
                    ``(A) information relating to the metrics used for 
                evaluation and assessment of the cyber hunt and 
                incident response teams and operations under paragraph 
                (2), including the resources and staffing of those 
                cyber hunt and incident response teams; and
                    ``(B) for the period covered by the report--
                            ``(i) the total number of incident response 
                        requests received;
                            ``(ii) the number of incident response 
                        tickets opened; and
                            ``(iii) a statement of--
                                    ``(I) all interagency staffing of 
                                cyber hunt and incident response teams; 
                                and
                                    ``(II) the interagency 
                                collaborations established to support 
                                cyber hunt and incident response teams.
            ``(4) Cybersecurity specialists.--After notice to, and with 
        the approval of, the entity requesting action by or technical 
        assistance from the Center, the Secretary may include 
        cybersecurity specialists from the private sector on a cyber 
        hunt and incident response team.''; and
            (4) in subsection (g), as so redesignated--
                    (A) in paragraph (1), by inserting ``, or any team 
                or activity of the Center,'' after ``Center''; and
                    (B) in paragraph (2), by inserting ``, or any team 
                or activity of the Center,'' after ``Center''.
    (b) No Additional Funds Authorized.--No additional funds are 
authorized to be appropriated to carry out the requirements of this Act 
and the amendments made by this Act. Such requirements shall be carried 
out using amounts otherwise authorized to be appropriated.
                                                       Calendar No. 716

115th CONGRESS

  2d Session

                                S. 3309

                          [Report No. 115-412]

_______________________________________________________________________

                                 A BILL

    To authorize cyber incident response teams at the Department of 
               Homeland Security, and for other purposes.

_______________________________________________________________________

                            December 4, 2018

                       Reported with an amendment