[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2439 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2439

     To amend the Homeland Security Act of 2002 to provide for the 
responsibility of the Cybersecurity and Infrastructure Security Agency 
  to maintain capabilities to identify threats to industrial control 
                    systems, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2021

   Mr. Peters (for himself, Mr. Portman, Mr. Rubio, and Mr. Warner) 
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 provide for the 
responsibility of the Cybersecurity and Infrastructure Security Agency 
  to maintain capabilities to identify threats to industrial control 
                    systems, 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 ``DHS Industrial Control Systems 
Capabilities Enhancement Act of 2021''.

SEC. 2. CAPABILITIES OF THE CYBERSECURITY AND INFRASTRUCTURE SECURITY 
              AGENCY TO IDENTIFY THREATS TO INDUSTRIAL CONTROL SYSTEMS.

    (a) In General.--Section 2209 of the Homeland Security Act of 2002 
(6 U.S.C. 659) is amended--
            (1) in subsection (e)(1)--
                    (A) in subparagraph (G), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (H), by inserting ``and'' after 
                the semicolon; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(I) activities of the Center address the security 
                of both information technology and operational 
                technology, including industrial control systems;''; 
                and
            (2) by adding at the end the following new subsection:
    ``(p) Industrial Control Systems.--The Director shall maintain 
capabilities to identify and address threats and vulnerabilities to 
products and technologies intended for use in the automated control of 
critical infrastructure processes. In carrying out this subsection, the 
Director shall--
            ``(1) lead Federal Government efforts, in consultation with 
        Sector Risk Management Agencies, as appropriate, to identify 
        and mitigate cybersecurity threats to industrial control 
        systems, including supervisory control and data acquisition 
        systems;
            ``(2) maintain threat hunting and incident response 
        capabilities to respond to industrial control system 
        cybersecurity risks and incidents;
            ``(3) provide cybersecurity technical assistance to 
        industry end-users, product manufacturers, Sector Risk 
        Management Agencies, other Federal agencies, and other 
        industrial control system stakeholders to identify, evaluate, 
        assess, and mitigate vulnerabilities;
            ``(4) collect, coordinate, and provide vulnerability 
        information to the industrial control systems community by, as 
        appropriate, working closely with security researchers, 
        industry end-users, product manufacturers, Sector Risk 
        Management Agencies, other Federal agencies, and other 
        industrial control systems stakeholders; and
            ``(5) conduct such other efforts and assistance as the 
        Secretary determines appropriate.''.
    (b) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act and every 6 months thereafter during the 
subsequent 4-year period, the Director of the Cybersecurity and 
Infrastructure Security Agency of the Department of Homeland Security 
shall provide to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Homeland Security of the 
House of Representatives a briefing on the industrial control systems 
capabilities of the Agency under section 2209 of the Homeland Security 
Act of 2002 (6 U.S.C. 659), as amended by subsection (a).
    (c) GAO Review.--Not later than two years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall review implementation of the requirements of subsections 
(e)(1)(I) and (p) of section 2209 of the Homeland Security Act of 2002 
(6 U.S.C. 659), as amended by subsection (a), and submit to the 
Committee on Homeland Security and Government Affairs of the Senate and 
the Committee on Homeland Security of the House of Representatives a 
report containing findings and recommendations relating to such 
implementation. Such report shall include information on the following:
            (1) Any interagency coordination challenges to the ability 
        of the Director of the Cybersecurity and Infrastructure Agency 
        of the Department of Homeland Security to lead Federal efforts 
        to identify and mitigate cybersecurity threats to industrial 
        control systems pursuant to subsection (p)(1) of such section 
        2209.
            (2) The degree to which the Agency has adequate capacity, 
        expertise, and resources to carry out threat hunting and 
        incident response capabilities to mitigate cybersecurity 
        threats to industrial control systems pursuant to subsection 
        (p)(2) of such section 2209, as well as additional resources 
        that would be needed to close any operational gaps in such 
        capabilities.
            (3) The extent to which industrial control system 
        stakeholders sought cybersecurity technical assistance from the 
        Agency pursuant to subsection (p)(3) of such section 2209, and 
        the utility and effectiveness of such technical assistance.
            (4) The degree to which the Agency works with security 
        researchers and other industrial control systems stakeholders, 
        pursuant to subsection (p)(4) of such section 2209, to provide 
        vulnerability information to the industrial control systems 
        community.
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