strengthening american cybersecurity act of 2022 text

Thank you for joining the GovTrack Advisory Community! The requirements under paragraphs (1), (2) and (3) shall not apply to a covered entity or the functions of a covered entity that the Director determines constitute critical infrastructure owned, operated, or governed by multi-stakeholder organizations that develop, implement, and enforce policies concerning the Domain Name System, such as the Internet Corporation for Assigned Names and Numbers or the Internet Assigned Numbers Authority. Published: 16 Mar 2022 On Tuesday, President Joe Biden signed into law a federal cyber attack reporting requirement aimed at protecting critical infrastructure in the United States. Committee on Homeland Security of the House of Representatives. provide appropriate entities, including sector coordinating councils, Information Sharing and Analysis Organizations, State, local, Tribal, and territorial governments, technology providers, cybersecurity and cyber incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber incident campaigns and trends, including, to the maximum extent practicable, related contextual information, cyber threat indicators, and defensive measures, pursuant to section 2245; establish mechanisms to receive feedback from stakeholders on how the Agency can most effectively receive covered cyber incident reports, ransom payment reports, and other voluntarily provided information, and how the Agency can most effectively support private sector cybersecurity; facilitate the timely sharing, on a voluntary basis, between relevant critical infrastructure owners and operators of information relating to covered cyber incidents and ransom payments, particularly with respect to ongoing cyber threats or security vulnerabilities and identify and disseminate ways to prevent or mitigate similar cyber incidents in the future; for a covered cyber incident, including a ransomware attack, that also satisfies the definition of a significant cyber incident, or is part of a group of related cyber incidents that together satisfy such definition, conduct a review of the details surrounding the covered cyber incident or group of those incidents and identify and disseminate ways to prevent or mitigate similar incidents in the future; with respect to covered cyber incident reports under section 2242(a) and 2243 involving an ongoing cyber threat or security vulnerability, immediately review those reports for cyber threat indicators that can be anonymized and disseminated, with defensive measures, to appropriate stakeholders, in coordination with other divisions within the Agency, as appropriate; publish quarterly unclassified, public reports that describe aggregated, anonymized observations, findings, and recommendations based on covered cyber incident reports, which may be based on the unclassified information contained in the briefings required under subsection (c); proactively identify opportunities, consistent with the protections in section 2245, to leverage and utilize data on cyber incidents in a manner that enables and strengthens cybersecurity research carried out by academic institutions and other private sector organizations, to the greatest extent practicable; and. 116. The Agency shall conduct an outreach and education campaign to inform likely covered entities, entities that offer or advertise as a service to customers to make or facilitate ransom payments on behalf of covered entities impacted by ransomware attacks and other appropriate entities of the requirements of paragraphs (1), (2), and (3) of subsection (a). Roles and responsibilities of the Office of Management and Budget. The Act combines language from three bills, including the cyber-incident reporting bill, introduced to the Senate by the Senate Homeland Security and Governmental Affairs Committee leaders in September 2001. The number of FedRAMP authorizations submitted, issued, and denied for the preceding year. by striking preceding year and inserting preceding 2 years; by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; in paragraph (3), as so redesignated, by striking and at the end; by inserting after paragraph (3), as so redesignated the following: a summary of each assessment of Federal risk posture performed under subsection (i); in paragraph (5), by striking the period at the end and inserting ; and; by redesignating subsections (i), (j), (k), and (l) as subsections (j), (k), (l), and (m) respectively; by inserting after subsection (h) the following: On an ongoing and continuous basis, the Director of the Cybersecurity and Infrastructure Security Agency shall perform assessments of Federal risk posture using any available information on the cybersecurity posture of agencies, and brief the Director and National Cyber Director on the findings of those assessments including. The terms covered cyber incident, covered entity, cyber incident, information system, ransom payment, ransomware attack, and security vulnerability have the meanings given those terms in section 2240 of the Homeland Security Act of 2002, as added by section 203 of this title. the purpose of preventing, investigating, disrupting, or prosecuting an offense arising out of a cyber incident reported pursuant to section 2242 or 2243 or any of the offenses listed in section 105(d)(5)(A)(v) of the Cybersecurity Act of 2015 (6 U.S.C. Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) Report a Cyber Issue Organizations should report anomalous cyber activity and/or cyber incidents 24/7 to report@cisa.gov or (888) 282-0870. The training developed under subsection (b) may be included as part of an annual privacy or security awareness training of an agency. Any such member may be appointed for not more than 2 consecutive terms. It is the sense of Congress that, in implementing the requirements of this section, the Federal Government should take appropriate steps to reduce real and perceived burdens in communications between agencies and security researchers. Information shared with or provided to the Federal Government, Information provided to the Agency pursuant to section 2242 or 2243 may be disclosed to, retained by, and used by, consistent with otherwise applicable provisions of Federal law, any Federal agency or department, component, officer, employee, or agent of the Federal Government solely for, a cyber threat, including the source of the cyber threat; or. 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. President Barack Obamas Cloud First Strategy; President Donald Trumps Cloud Smart Strategy; the prioritization of cloud security in Executive Order 14028 (86 Fed. The Administrator shall establish annual metrics regarding the time and quality of the assessments necessary for completion of a FedRAMP authorization process in a manner that can be consistently tracked over time in conjunction with the periodic testing and evaluation process pursuant to section 3554 in a manner that minimizes the agency reporting burden. Subject to the limitations described in subsection (b), the head of each agency shall provide any information relating to any incident affecting the agency, whether the information is obtained by the Federal Government directly or indirectly, to the Cybersecurity and Infrastructure Security Agency. Security operations center as a service pilot. 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 . in subsection (b), by adding at the end the following: give consideration for the use of amounts in the Fund to improve the security of high value assets; and. the trends identified in the Federal risk assessment performed under subsection (i). The analysis required under subsection (a) and each report submitted under subsection (b) shall use information provided by agencies under section 3594(a). Serve as a forum that facilitates communication and collaboration among the FedRAMP stakeholder community. The term FedRAMP means the Federal Risk and Authorization Management Program established under section 3608. 5 The table of contents for this Act is as follows: Sec. in paragraph (11), by striking ; and and inserting a semicolon; in paragraph (12), by striking the period at the end and inserting ; and; and. Not later than 270 days after the date of enactment of this Act, the head of each agency shall submit to the Director a progress report on implementing an information security program based on the presumption of compromise and least privilege principles, which shall include. Were looking for feedback from educators about how GovTrack can be used and improved for your classroom. Short title This Act may be cited as the Strengthening American Cybersecurity Act of 2022. Federal penetration testing policy. a description of the consequences and effects of limiting covered cyber incident and ransom payment reporting to only covered entities. Today, Colorado U.S. issued an initial request for information pursuant to subsection (b); issued a subpoena pursuant to subsection (c); or. Sec. the component of the agency that is responsible for the internet accessible services offered at the domain. Analysis and report on Federal incidents, Subtitle G of title X of Division A of the National Defense Authorization Act for Fiscal Year 2018 (40 U.S.C. This title may be cited as the Cyber Incident Reporting for Critical Infrastructure Act of 2022. The unique costs and potential burdens incurred by cloud computing companies that are small business concerns (as defined in section 3(a) of the Small Business Act (15 U.S.C. The guidance developed under subparagraph (A) shall, prioritize the availability of data necessary to understand and analyze. 102. The Cybersecurity and Infrastructure Security Agency (CISA) must perform ongoing and continuous assessments of federal risk posture. Actions to enhance Federal incident transparency. 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 U.S. Senate passed the Strengthening American Cybersecurity Act, a package of bills presented by Sen. Gary Peters, D-Mich., to enhance U.S. cybersecurity. Section 933(e)(1)(B) of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. Were looking to learn more about who uses GovTrack and what features you find helpful or think could be improved. Actions to enhance Federal incident transparency, Responsibilities of the cybersecurity and infrastructure security agency, Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall, develop a plan for the development of the analysis required under section 3597(a) of title 44, United States Code, as added by this title, and the report required under subsection (b) of that section that includes, a description of any challenges the Director of the Cybersecurity and Infrastructure Security Agency anticipates encountering; and, the use of automation and machine-readable formats for collecting, compiling, monitoring, and analyzing data; and. The average length of time to issue FedRAMP authorizations. encryption for data processed, stored, or transmitted by cloud service providers. Congressional and Executive Branch reports, Not later than 72 hours after an agency has a reasonable basis to conclude that a major incident occurred, the head of the agency impacted by the major incident shall submit to the appropriate reporting entities a written report and, to the extent practicable, provide a briefing to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security of the House of Representatives, and the appropriate authorization and appropriations committees of Congress, taking into account. The term cyber threat has the meaning given the term cybersecurity threat in section 2201. In March, 2022, President Joe Biden signed the Strengthening American Cybersecurity Act (the "Act") into law. Not later than 1 year after the first publication of the budget submitted by the President under section 1105 of title 31, United States Code, following the date of enactment of this Act, the Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director and in coordination with the Director of the National Institute of Standards and Technology, shall develop a standard model for informing a risk-based budget for cybersecurity spending. At least 1 individual representing an independent assessment service. Report on opportunities to strengthen security research. the obligation of a covered individual to report to the agency a confirmed major incident and any suspected incident involving information in any medium or form, including paper, oral, and electronic. The term covered agency has the meaning given the term executive agency in section 133 of title 41, United States Code. The head of an agency that owns or exercises control of a national security system shall not include data for an incident that occurs on a national security system in any report submitted under subparagraph (A). Data and logging retention for incident response. 660)) is exempted; and, for each requirement identified under clause (i), an identification of the agency information system described in clause (i) exempted from the requirement; and. the civil liberties or public health and safety of the people of the United States; any incident the head of the agency determines likely to result in an inability for the agency, a component of the agency, or the Federal Government, to provide 1 or more critical services; any incident that the head of an agency, in consultation with a senior privacy officer of the agency, determines is likely to have a significant privacy impact on 1 or more individual; any incident that the head of the agency, in consultation with a senior privacy official of the agency, determines is likely to have a substantial privacy impact on a significant number of individuals; any incident the head of the agency determines substantially disrupts the operations of a high value asset owned or operated by the agency; any incident involving the exposure of sensitive agency information to a foreign entity, such as the communications of the head of the agency, the head of a component of the agency, or the direct reports of the head of the agency or the head of a component of the agency; and. The Cybersecurity and Infrastructure Security Agency (CISA) must perform ongoing and continuous assessments of federal risk posture. 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. Nothing in this section shall be construed to provide any additional authority to any Federal agency. evaluate and inform Government-wide cybersecurity programs. On not less than 2 occasions during the 2-year period following the date on which guidance is promulgated under paragraph (1), the Director shall ensure that not less than 3 agencies are subjected to substantially similar penetration tests, as determined by the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, in order to validate the utility of the covered metrics. The amendment made by clause (i) shall take effect on the date that is 5 years after the date on which the model developed under paragraph (1) is completed. 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 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 exemptions to reporting under paragraphs (2) and (5) of section 2242(a) of the Homeland Security Act of 2002, as added by section 203 of this title, which shall include. Actions to enhance Federal incident transparency. Proposed actions that can be adopted to reduce the burden, confusion, and cost associated with FedRAMP authorizations for cloud service providers. 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). Not later than 540 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall establish a program to provide ongoing, hypothesis-driven threat-hunting services on the network of each agency. Ransomware vulnerability warning pilot program. vulnerabilities, means by which the major incident occurred, and impacts to the agency relating to the major incident; any risk assessment and subsequent risk-based security implementation of the affected information system before the date on which the major incident occurred; the status of compliance of the affected information system with applicable security requirements that are directly related to the cause of the incident, at the time of the major incident; an estimate of the number of individuals potentially affected by the major incident based on information available to agency officials as of the date on which the agency provides the update; an assessment of the risk of harm to individuals potentially affected by the major incident based on information available to agency officials as of the date on which the agency provides the update; an update to the assessment of the risk to agency operations, or to impacts on other agency or non-Federal entity operations, affected by the major incident based on information available to agency officials as of the date on which the agency provides the update; the detection, response, and remediation actions of the agency, including any support provided by the Cybersecurity and Infrastructure Security Agency under section 3594(d) and status updates on the notification process described in section 3592(a), including any delay described in section 3592(c), if applicable; and. Strengthening American Cybersecurity Act of 2022 On March 15th, 2022, the White House signed into law a federal cyberattack reporting requirement aimed at protecting critical infrastructure in the United States. utilize existing authorities to identify information systems that contain the security vulnerabilities identified in paragraph (1). The guidance issued under subsection (b) shall not apply to national security systems. exempt a covered entity from the reporting requirements under paragraph (3) unless the supplemental report also meets the requirements of clauses (i) and (ii) of this paragraph; prevent the Agency from contacting an entity submitting information to another Federal agency that is provided to the Agency pursuant to section 4 of the Cyber Incident Reporting for Critical Infrastructure Act of 2022; or. 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 assessment of security controls and materials within the authorization package for a FedRAMP authorization shall be presumed adequate for use in an agency authorization to operate cloud computing products and services.
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