an evaluation of any necessary updates to the guidance issued under subsection (a); an evaluation of any necessary updates to the definition of the term major incident included in the guidance issued under subsection (a); and. Effective on the date that is 10 years after the date of enactment of this Act, the table of sections for chapter 35 of title 44, United States Code, is amended by striking the item relating to section 3559B. On March 15, 2022, four days after U.S. Senate unanimous approval, the Strengthening American Cybersecurity Act, which includes the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (the Act) was signed into law by President Biden, thereby creating new reporting requirements for critical infrastructure entities.Under the Act, entities considered to be critical infrastructure . The purpose of this section is for the Cybersecurity and Infrastructure Security Agency to run a security operation center on behalf of another agency, alleviating the need to duplicate this function at every agency, and empowering a greater centralized cybersecurity capability. Where applicable, any identifying or contact information related to the actor or actors reasonably believed to be responsible for the ransomware attack. 1523(b)(2)) that is effective on the date of submission of the report, an identification of each particular requirement from which any agency information system (as defined in section 2210 of the Homeland Security Act of 2002 (6 U.S.C. the threat of disruption as extortion, as described in section 2240(14)(A). is authorized under the vulnerability disclosure policy of the agency developed under subsection (e)(2). Information provided to the Agency in response to a request under paragraph (1) shall be treated as if it was submitted through the reporting procedures established in section 2242. shall determine the appropriate Federal agencies under subsection (a)(11). The authorities of the Director and the Director of the Cybersecurity and Infrastructure Security Agency described in this section shall be delegated. the agency information system or systems used in the transmission or storage of the sensitive information described in paragraph (1). The ransom payment instructions, including information regarding where to send the payment, such as the virtual currency address or physical address the funds were requested to be sent to, if applicable. Not later than 30 days after the date on which the Director issues the final rule under section 2242(b) of the Homeland Security Act of 2002, as added by section 203(b) of this title, the Director 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 describes how the Director engaged stakeholders in the development of the final rule. Table of contents. Identification of the most common vulnerabilities utilized in ransomware. in section 11312(a), by inserting , including security risks after managing the risks; in section 11313(1), by striking efficiency and effectiveness and inserting efficiency, security, and effectiveness; in section 11315, by adding at the end the following: Component agency chief information officers, The Chief Information Officer or an equivalent official of a component agency shall report to, the Chief Information Officer designated under section 3506(a)(2) of title 44 or an equivalent official of the agency of which the component agency is a component; and. Youve cast your vote. Sec. Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Director, shall submit to the appropriate congressional committees a report on the utility and use of the covered metrics. The Strengthening American Cybersecurity Act of 2022 was created to shore up cyberdefenses and increase the power of agencies investigating cybersecurity incidents. an explanation of, and the analysis that led to, the definition described in paragraph (2). The term Federal information means information created, collected, processed, maintained, disseminated, disclosed, or disposed of by or for the Federal Government in any medium or form. The passing of the Strengthening American Cybersecurity Act of 2022 comes at a time when data breaches continue to be a real threat. Strengthening American Cybersecurity Act passes in US The Administrator may determine whether FedRAMP may use an independent assessment service to analyze, validate, and attest to the quality and compliance of security assessment materials provided by cloud service providers during the course of a determination of whether to use a cloud computing product or service. If you can, please take a few minutes to help us improve GovTrack for users like you. in the matter preceding paragraph (1), by inserting and the National Cyber Director after Director; and, in paragraph (2)(A), by inserting and reporting requirements under subchapter IV of this chapter after section 3556; and, by striking each year and inserting each year during which agencies are required to submit reports under section 3554(c); and. Review of Office of Management and Budget guidance and policy, Not less frequently than once every 3 years, the Director, in consultation with the Chief Information Officers Council, the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, the Comptroller General of the United States, and the Council of the Inspectors General on Integrity and Efficiency, shall, review the efficacy of the guidance and policy developed by the Director under subsection (a)(1) in reducing cybersecurity risks, including an assessment of the requirements for agencies to report information to the Director; and. S.3600: Strengthening American Cybersecurity Act of 2022 provide a clear description of what constitutes substantial new or different information. the nature and sensitivity of the personally identifiable information affected by the breach; the likelihood of access to and use of the personally identifiable information affected by the breach; any other factors determined by the Director; and, as appropriate, provide written notice in accordance with subsection (b) to each individual potentially affected by the breach, to the last known mailing address of the individual; or. The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107296; 116 Stat. The federal budget process occurs in two stages: appropriations and authorizations. 632(a)). A Federal, State, local, or Tribal government shall not use information about a covered cyber incident or ransom payment obtained solely through reporting directly to the Agency in accordance with this subtitle to regulate, including through an enforcement action, the activities of the covered entity or entity that made a ransom payment, unless the government entity expressly allows entities to submit reports to the Agency to meet regulatory reporting obligations of the entity. provide to the Director data and information required by the Director pursuant to section 3614 to determine how agencies are meeting metrics established by the Administrator. 1522(c)) update or establish new covered metrics. Extension of Federal acquisition security council and software inventory. Report on harmonization of reporting regulations, Not later than 180 days after the date on which the Secretary of Homeland Security convenes the Cyber Incident Reporting Council described in section 2246 of the Homeland Security Act of 2002, as added by section 203 of this title, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report that includes. The FedRAMP Board may consult with the Chief Information Officers Council to establish a process, which may be made available on the website maintained under section 3609(b), for prioritizing and accepting the cloud computing products and services to be granted a FedRAMP authorization. Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Director and the National Cyber Director, shall perform a study on the use of active defense techniques to enhance the security of agencies, which shall include. in the matter preceding paragraph (1), by inserting within the Cybersecurity and Infrastructure Security Agency after incident center; and. determine the method for collecting, storing, accessing, analyzing, and safeguarding appropriate agency data; allocate available human and financial resources to implement the plan; and. Section 14 of the Federal Advisory Committee Act (5 U.S.C. Congressional and Executive Branch reports, 3594. through an appropriate alternative method of notification that the head of the agency or a designated senior-level individual of the agency selects based on factors determined by the Director. geolocation restrictions for provided products or services; disclosures of foreign elements of supply chains of acquired products or services; continued disclosures of ownership of cloud service providers by foreign entities; and. Definitions. Required reporting of certain cyber incidents. Text of S. 3600: Strengthening American Cybersecurity Act of 2022 National Institute of Standards and Technology Act, Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. The Director of the Cybersecurity and Infrastructure Security Agency may exempt all or a portion of a report described in paragraph (1) from public publication if the Director of the Cybersecurity and Infrastructure Security Agency determines the exemption is in the interest of national security. maintained on a continual basis through the use of automation, machine-readable data, and scanning, wherever practicable. the development of the report required under section 3597(b) of title 44, United States Code, as added by this title. Each agency operating or exercising control of a national security system shall share information about incidents that occur on national security systems with the Director of the Cybersecurity and Infrastructure Security Agency to the extent consistent with standards and guidelines for national security systems issued in accordance with law and as directed by the President. Upon completing an assessment or authorization activity with respect to a particular cloud computing product or service, if an agency determines that the information and data the agency has reviewed under paragraph (2) or (3) of subsection (a) is wholly or substantially deficient for the purposes of performing an authorization of the cloud computing product or service, the head of the agency shall document as part of the resulting FedRAMP authorization package the reasons for this determination. We hope to make GovTrack more useful to policy professionals like you. The Committee shall be comprised of not more than 15 members who are qualified representatives from the public and private sectors, appointed by the Administrator, in consultation with the Director, as follows: The Administrator or the Administrators designee, who shall be the Chair of the Committee. Sec. Sec. The head of each agency shall incorporate any vulnerabilities reported under paragraph (2) into the vulnerability management process of the agency in order to track and remediate the vulnerability. The head of each agency shall develop training for covered individuals on how to identify and respond to an incident, including, the internal process of the agency for reporting an incident; and. Not later than 1 year after the date of enactment of this Act, the Director shall, evaluate mobile application security guidance promulgated by the Director; and. By joining our advisory group, you can help us make GovTrack more useful and engaging to young voters like you. If a covered entity impacted by a ransomware attack uses a third party to make a ransom payment, the third party shall not be required to submit a ransom payment report for itself under subsection (a)(2). 651 et seq.) The Bill is now with the House of Representatives for a vote . Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States 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 on the implementation of this Act and the amendments made by this Act. The term reporting entity means private organization or governmental unit that is required by statute or regulation to submit sensitive information to an agency. by striking this subsection shall and inserting this subsection, in subparagraph (A), as so designated, by striking the period at the end and inserting ; and; and. Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall develop a plan to establish a centralized Federal security operations center shared service offering within the Cybersecurity and Infrastructure Security Agency. Sponsor and status Gary Peters Sponsor. by striking the report required under section 3553(c) of title 44, United States Code and inserting that report. if applicable, a description of any circumstances or data leading the head of the agency to determine, pursuant to section 3592(a)(1), not to notify individuals potentially impacted by a breach. Not later than 24 months after the date of enactment of this section, the Director, in consultation with Sector Risk Management Agencies, the Department of Justice, and other Federal agencies, shall publish in the Federal Register a notice of proposed rulemaking to implement subsection (a). in the matter preceding subclause (I), by striking by agency, and by initiative area (as determined by the administration) and inserting and by agency; in subclause (III), by striking and at the end; and, a validation that the budgets submitted were informed by using a risk-based methodology; and. Definitions. The term Secretary means the Secretary of Homeland Security. more than a decade of appropriations and authorization legislation that provides agencies with relevant authorities and appropriations to modernize on-premises information technology systems and more readily adopt cloud computing products and services. As expeditiously as practicable and without unreasonable delay, and in any case not later than 45 days after an agency has a reasonable basis to conclude that a breach has occurred, the head of the agency, in consultation with a senior privacy officer of the agency, shall, determine whether notice to any individual potentially affected by the breach is appropriate based on an assessment of the risk of harm to the individual that considers. reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls, identify tactics, techniques, and procedures adversaries use to overcome those controls and other cybersecurity purposes, including to assess potential impact of cyber incidents on public health and safety and to enhance situational awareness of cyber threats across critical infrastructure sectors; coordinate and share information with appropriate Federal departments and agencies to identify and track ransom payments, including those utilizing virtual currencies; leverage information gathered about cyber incidents to, enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, critical infrastructure owners and operators, cybersecurity and cyber incident response firms, and security researchers; and. in subparagraph (B), by striking and at the end; in subparagraph (C), by striking the period at the end and inserting ; and; and. Not later than 90 days after the date on which the first 1-year agreement entered into under subsection (d) expires, the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Oversight and Reform of the House of Representatives a report on. include the total number of reports submitted under sections 2242 and 2243 during the preceding month, including a breakdown of required and voluntary reports; include any identified trends in covered cyber incidents and ransomware attacks over the course of the preceding month and as compared to previous reports, including any trends related to the information collected in the reports submitted under sections 2242 and 2243, including, the infrastructure, tactics, and techniques malicious cyber actors commonly use; and. Now what? Determinations of demand for cloud computing products and services. Not later than 1 year after the date on which the Director issues the final rule required under section 2242(b) of the Homeland Security Act of 2002, as added by section 203 of this title, the Director 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 on the effectiveness of the enforcement mechanisms within section 2244 of the Homeland Security Act of 2002, as added by section 203 of this title. The exemption in clause (i) shall take effect with respect to a covered entity once an agency agreement and sharing mechanism is in place between the Agency and the respective Federal agency, pursuant to section 4(a) of the Cyber Incident Reporting for Critical Infrastructure Act of 2022. Not later than 270 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Oversight and Reform of the House of Representatives a briefing on the parameters of any 1-year agreements entered into under subsection (d)(1). the Federal risk assessments performed under subsection (i); the cumulative reporting and compliance burden to agencies; and. The term FedRAMP Board means the board established under section 3610. Not later than 30 days after the date on which the Director completes a review under paragraph (1), the Director shall make publicly available a report that includes. Establishment of risk-based budget model. Actions to enhance Federal incident transparency. How often and for which categories of products and services agencies use FedRAMP authorizations. upon a request by an agency, assist the agency in the disclosure to vendors of newly identified vulnerabilities in vendor products and services. The terms cyber threat indicator, cybersecurity purpose, defensive measure, Federal entity, and security vulnerability have the meanings given those terms in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. require that any proposal for the use of amounts in the Fund includes a cybersecurity plan, including a supply chain risk management plan, to be reviewed by the member of the Technology Modernization Board described in subsection (c)(5)(C). the majority and minority leaders of the Senate. The Committee may use the United States mails in the same manner and under the same conditions as agencies. The term reporter means an individual that submits a vulnerability report pursuant to the vulnerability disclosure process of an agency. Introduced to the Senate on Feb. 8, 2022 -- Strengthening American Cybersecurity Act of 2022 This bill addresses cybersecurity threats against critical infrastructure and the federal government. The State and Local Cybersecurity Grant Program will provide $1 billion in funding to SLT partners over four years, with $185 million available for fiscal year 2022, to support SLT efforts to . Sec. Not later than 2 years after the date of enactment of this section, and not less frequently than annually thereafter, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, the National Cyber Director and the heads of other Federal agencies, as appropriate, shall submit to the appropriate reporting entities a report that includes. includes any subgrantee of a person, business, or other entity described in subparagraph (A). 2223 note), by striking section 3542(b)(2) and inserting section 3552(b); and. FACT SHEET: Biden-Harris Administration Delivers on Strengthening in paragraph (5), as so redesignated, by striking the period at the end and inserting , including the reporting procedures established under section 11315(d) of title 40 and subsection (a)(3)(A)(v) of this section; and, in subsection (d)(1), in the matter preceding subparagraph (A), by inserting and the National Cyber Director after the Director; and. by striking regarding the specific and inserting that includes a summary of, in paragraph (1), as so designated, by striking the period at the end and inserting ; and and. includes industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers. Subchapter I of chapter 35 of title 44, United States Code, is amended. any valid or credible reports of newly discovered or not publicly known vulnerabilities (including misconfigurations) on Federal information systems that use commercial software or services; information relating to vulnerability disclosure, coordination, or remediation activities of an agency, particularly as those activities relate to outside organizations, with which the head of the agency believes the Director of the Cybersecurity and Infrastructure Security Agency can assist; or, about which the head of the agency believes the Director of the Cybersecurity and Infrastructure Security Agency should know; and. Federal Cybersecurity Requirements. Automated standard implementation verification. Council of the Inspectors General on Integrity and Efficiency dashboard. A review of FedRAMP measures to ensure the security of data stored or processed by cloud service providers, which may include. any other type of incident determined appropriate by the Director; stipulate that the National Cyber Director, in consultation with the Director, shall declare a major incident at each agency impacted by an incident if it is determined that an incident, a common technical root cause, such as a supply chain compromise, a common software or hardware vulnerability; or, the related activities of a common threat actor; and. Any Federal Government employee may be detailed to the Committee without reimbursement from the Committee, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. No procedure, notification, or other authorities utilized in the execution of the pilot program established under subsection (a) shall require an owner or operator of a vulnerable information system to take any action as a result of a notice of a security vulnerability made pursuant to subsection (c). Contact information, such as telephone number or electronic mail address, that the Agency may use to contact the covered entity or an authorized agent of such covered entity, or, where applicable, the service provider of such covered entity acting with the express permission of, and at the direction of, the covered entity to assist with compliance with the requirements of this subtitle. The amendments made by subparagraph (A) shall take effect on the date that is 5 years after the date on which the model developed under paragraph (1) is completed. require agencies to provide the rules of engagement and results of penetration testing to the Director and the Director of the Cybersecurity and Infrastructure Security Agency, without regard to the status of the entity that performs the penetration testing. The text of the bill below is as of Mar 1, 2022 (Passed the Senate). Security operations center as a service pilot. Each advisor assigned under subsection (a) shall have knowledge of. Prohibition on use of information in regulatory actions. This title may be cited as the Federal Secure Cloud Improvement and Jobs Act of 2022. After the date on which the briefing required under subsection (e)(1) is provided, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, may enter into additional 1-year agreements described in paragraph (1) with agencies.
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