[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3464 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3464

 To amend the Homeland Security Act of 2002 to authorize the Secretary 
    of Homeland Security to establish a continuous diagnostics and 
  mitigation program at the Department of Homeland Security, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 2018

Mr. Cornyn (for himself and Ms. Hassan) 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 authorize the Secretary 
    of Homeland Security to establish a continuous diagnostics and 
  mitigation program 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Advancing Cybersecurity Diagnostics 
and Mitigation Act''.

SEC. 2. ESTABLISHMENT OF CONTINUOUS DIAGNOSTICS AND MITIGATION PROGRAM 
              IN DEPARTMENT OF HOMELAND SECURITY.

    (a) In General.--Section 230 of the Homeland Security Act of 2002 
(6 U.S.C. 151) is amended by adding at the end the following new 
subsection:
    ``(g) Continuous Diagnostics and Mitigation.--
            ``(1) Program.--
                    ``(A) In general.--The Secretary shall deploy, 
                operate, and maintain a continuous diagnostics and 
                mitigation program. Under such program, the Secretary 
                shall--
                            ``(i) develop and provide the capability to 
                        collect, analyze, and visualize information 
                        relating to security data and cybersecurity 
                        risks;
                            ``(ii) make program capabilities available 
                        for use, with or without reimbursement;
                            ``(iii) employ shared services, collective 
                        purchasing, blanket purchase agreements, and 
                        any other economic or procurement models the 
                        Secretary determines appropriate to maximize 
                        the costs savings associated with implementing 
                        an information system;
                            ``(iv) assist entities in setting 
                        information security priorities and managing 
                        cybersecurity risks; and
                            ``(v) develop policies and procedures for 
                        reporting systemic cybersecurity risks and 
                        potential incidents based upon data collected 
                        under such program.
                    ``(B) Regular improvement.--The Secretary shall 
                regularly deploy new technologies and modify existing 
                technologies to the continuous diagnostics and 
                mitigation program required under subparagraph (A), as 
                appropriate, to improve the program.
            ``(2) Activities.--In carrying out the continuous 
        diagnostics and mitigation program under paragraph (1), the 
        Secretary shall ensure, to the extent practicable, that--
                    ``(A) timely, actionable, and relevant 
                cybersecurity risk information, assessments, and 
                analysis are provided in real time;
                    ``(B) share the analysis and products developed 
                under such program;
                    ``(C) all information, assessments, analyses, and 
                raw data under such program is made available to the 
                national cybersecurity and communications integration 
                center of the Department; and
                    ``(D) provide regular reports on cybersecurity 
                risks.''.
    (b) Continuous Diagnostics and Mitigation Strategy.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall develop a comprehensive continuous diagnostics and 
        mitigation strategy to carry out the continuous diagnostics and 
        mitigation program required under subsection (g) of section 230 
        of the Homeland Security Act of 2002 (6 U.S.C. 151), as added 
        by subsection (a).
            (2) Scope.--The strategy required under paragraph (1) shall 
        include the following:
                    (A) A description of the continuous diagnostics and 
                mitigation program, including efforts by the Secretary 
                of Homeland Security to assist with the deployment of 
                program tools, capabilities, and services, from the 
                inception of the program referred to in paragraph (1) 
                to the date of the enactment of this Act.
                    (B) A description of the coordination required to 
                deploy, install, and maintain the tools, capabilities, 
                and services that the Secretary of Homeland Security 
                determines to be necessary to satisfy the requirements 
                of such program.
                    (C) A description of any obstacles facing the 
                deployment, installation, and maintenance of tools, 
                capabilities, and services under such program.
                    (D) Recommendations and guidelines to help maintain 
                and continuously upgrade tools, capabilities, and 
                services provided under such program.
                    (E) Recommendations for using the data collected by 
                such program for creating a common framework for data 
                analytics, visualization of enterprise-wide risks, and 
                real-time reporting.
                    (F) Recommendations for future efforts and 
                activities, including for the rollout of new tools, 
                capabilities and services, proposed timelines for 
                delivery, and whether to continue the use of phased 
                rollout plans, related to securing networks, devices, 
                data, and information technology assets through the use 
                of such program.
            (3) Form.--The strategy required under subparagraph (A) 
        shall be submitted in an unclassified form, but may contain a 
        classified annex.
    (c) Report.--Not later than 90 days after the development of the 
strategy required under subsection (b), 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 Representative a report on cybersecurity risk 
posture based on the data collected through the continuous diagnostics 
and mitigation program under subsection (g) of section 230 of the 
Homeland Security Act of 2002 (6 U.S.C. 151), as added by subsection 
(a).
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