H. R. 3710
IN THE HOUSE OF REPRESENTATIVES
July 11, 2019
Ms. Jackson Lee (for herself, Mr. Payne, and Mr. Langevin) introduced the following bill; which was referred to the Committee on Homeland Security
To amend the Homeland Security Act of 2002 to provide for the remediation of cybersecurity vulnerabilities, and for other purposes.
This Act may be cited as the
Cybersecurity Vulnerability Remediation Act.
Section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) is amended—
in subsection (a)—
in paragraph (5), by striking
and after the semicolon at the end;
by redesignating paragraph (6) as paragraph (7); and
by inserting after paragraph (5) the following new paragraph:
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
in subsection (c)—
in paragraph (5)—
in subparagraph (A), by striking
and after the semicolon at the end;
by redesignating subparagraph (B) as subparagraph (C);
by inserting after subparagraph (A) the following new subparagraph:
sharing mitigation protocols to counter cybersecurity vulnerabilities pursuant to subsection (n); and
in subparagraph (C), as so redesignated, by inserting
and mitigation protocols to counter cybersecurity vulnerabilities in accordance with subparagraph (B) before
in paragraph (7)(C), by striking
sharing and inserting
in paragraph (9), by inserting
mitigation protocols to counter cybersecurity vulnerabilities, after
in subsection (e)(1)(G), by striking the semicolon after
and at the end; and
by adding at the end the following new subsection:
Protocols To counter cybersecurity vulnerabilities
The Director may, as appropriate, identify, develop, and disseminate actionable protocols to mitigate cybersecurity vulnerabilities, including in circumstances in which such vulnerabilities exist because software or hardware is no longer supported by a vendor.
Report on cybersecurity vulnerabilities
Not later than one 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 (m) 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 (n) of such section (as added by section 2) to disseminate actionable protocols to mitigate cybersecurity vulnerabilities, that includes the following:
A description of the policies and procedures relating to the coordination of vulnerability disclosures.
A description of the levels of activity in furtherance of such subsections (m) and (n) of such section 2209.
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.
Any available information on the degree to which such information was acted upon by industry and other stakeholders.
A description of how privacy and civil liberties are preserved in the collection, retention, use, and sharing of vulnerability disclosures.
The report required under subsection (b) shall be submitted in unclassified form but may contain a classified annex.
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 providing 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).