[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2980 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  1st Session
                                H. R. 2980


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2021

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
     To amend the Homeland Security Act of 2002 to provide for the 
 remediation of cybersecurity vulnerabilities, 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 ``Cybersecurity Vulnerability 
Remediation Act''.

SEC. 2. CYBERSECURITY VULNERABILITIES.

    Section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (5), by striking ``and'' after the 
                semicolon at the end;
                    (B) by redesignating paragraph (6) as paragraph 
                (7); and
                    (C) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) the term `cybersecurity vulnerability' has the 
        meaning given the term `security vulnerability' in section 102 
        of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 
        1501); and''.
            (2) in subsection (c)--
                    (A) in paragraph (5)--
                            (i) in subparagraph (A), by striking 
                        ``and'' after the semicolon at the end;
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C);
                            (iii) by inserting after subparagraph (A) 
                        the following new subparagraph:
            ``(B) sharing mitigation protocols to counter cybersecurity 
        vulnerabilities pursuant to subsection (n); and''; and
                            (iv) in subparagraph (C), as so 
                        redesignated, by inserting ``and mitigation 
                        protocols to counter cybersecurity 
                        vulnerabilities in accordance with subparagraph 
                        (B)'' before ``with Federal'';
                    (B) in paragraph (7)(C), by striking ``sharing'' 
                and inserting ``share''; and
                    (C) in paragraph (9), by inserting ``mitigation 
                protocols to counter cybersecurity vulnerabilities,'' 
                after ``measures,'';
            (3) in subsection (e)(1)(G), by striking the semicolon 
        after ``and'' at the end;
            (4) by redesignating subsection (o) as subsection (p); and
            (5) by inserting after subsection (n) following new 
        subsection:
    ``(o) Protocols to Counter Certain Cybersecurity Vulnerabilities.--
The Director may, as appropriate, identify, develop, and disseminate 
actionable protocols to mitigate cybersecurity vulnerabilities to 
information systems and industrial control systems, including in 
circumstances in which such vulnerabilities exist because software or 
hardware is no longer supported by a vendor.''.

SEC. 3. REPORT ON CYBERSECURITY VULNERABILITIES.

    (a) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Director of the Cybersecurity and Infrastructure 
Security Agency of the Department of Homeland Security shall submit to 
the Committee on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate a report on how the Agency carries out subsection (n) of section 
2209 of the Homeland Security Act of 2002 to coordinate vulnerability 
disclosures, including disclosures of cybersecurity vulnerabilities (as 
such term is defined in such section), and subsection (o) of such 
section (as added by section 2) to disseminate actionable protocols to 
mitigate cybersecurity vulnerabilities to information systems and 
industrial control systems, that includes the following:
            (1) A description of the policies and procedures relating 
        to the coordination of vulnerability disclosures.
            (2) A description of the levels of activity in furtherance 
        of such subsections (n) and (o) of such section 2209.
            (3) Any plans to make further improvements to how 
        information provided pursuant to such subsections can be shared 
        (as such term is defined in such section 2209) between the 
        Department and industry and other stakeholders.
            (4) Any available information on the degree to which such 
        information was acted upon by industry and other stakeholders.
            (5) A description of how privacy and civil liberties are 
        preserved in the collection, retention, use, and sharing of 
        vulnerability disclosures.
    (b) Form.--The report required under subsection (b) shall be 
submitted in unclassified form but may contain a classified annex.

SEC. 4. COMPETITION RELATING TO CYBERSECURITY VULNERABILITIES.

    The Under Secretary for Science and Technology of the Department of 
Homeland Security, in consultation with the Director of the 
Cybersecurity and Infrastructure Security Agency of the Department, may 
establish an incentive-based program that allows industry, individuals, 
academia, and others to compete in identifying remediation solutions 
for cybersecurity vulnerabilities (as such term is defined in section 
2209 of the Homeland Security Act of 2002, as amended by section 2) to 
information systems (as such term is defined in such section 2209) and 
industrial control systems, including supervisory control and data 
acquisition systems.

SEC. 5. TITLE XXII TECHNICAL AND CLERICAL AMENDMENTS.

    (a) Technical Amendments.--
            (1) Homeland security act of 2002.--Subtitle A of title 
        XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et 
        seq.) is amended--
                    (A) in the first section 2215 (6 U.S.C. 665; 
                relating to the duties and authorities relating to .gov 
                internet domain), by amending the section enumerator 
                and heading to read as follows:

``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET 
              DOMAIN.'';

                    (B) in the second section 2215 (6 U.S.C. 665b; 
                relating to the joint cyber planning office), by 
                amending the section enumerator and heading to read as 
                follows:

``SEC. 2216. JOINT CYBER PLANNING OFFICE.'';

                    (C) in the third section 2215 (6 U.S.C. 665c; 
                relating to the Cybersecurity State Coordinator), by 
                amending the section enumerator and heading to read as 
                follows:

``SEC. 2217. CYBERSECURITY STATE COORDINATOR.'';

                    (D) in the fourth section 2215 (6 U.S.C. 665d; 
                relating to Sector Risk Management Agencies), by 
                amending the section enumerator and heading to read as 
                follows:

``SEC. 2218. SECTOR RISK MANAGEMENT AGENCIES.'';

                    (E) in section 2216 (6 U.S.C. 665e; relating to the 
                Cybersecurity Advisory Committee), by amending the 
                section enumerator and heading to read as follows:

``SEC. 2219. CYBERSECURITY ADVISORY COMMITTEE.''; AND

                    (F) in section 2217 (6 U.S.C. 665f; relating to 
                Cybersecurity Education and Training Programs), by 
                amending the section enumerator and heading to read as 
                follows:

``SEC. 2220. CYBERSECURITY EDUCATION AND TRAINING PROGRAMS.''.

            (2) Consolidated appropriations act, 2021.--Paragraph (1) 
        of section 904(b) of division U of the Consolidated 
        Appropriations Act, 2021 (Public Law 116-260) is amended, in 
        the matter preceding subparagraph (A), by inserting ``of 2002'' 
        after ``Homeland Security Act''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by striking the items 
relating to sections 2214 through 2217 and inserting the following new 
items:

``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint cyber planning office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity Education and Training Programs.''.

            Passed the House of Representatives July 20, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.