S.Amdt. 1713

SA 1713. Mr. KING submitted an amendment intended to be proposed by
him to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CYBER STATE OF DISTRESS.

(a) In General.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by adding at the end the
following:

``Subtitle C--Cyber State of Distress

``SEC. 2231. CYBER STATE OF DISTRESS.

``(a) Definitions.--In this section:
``(1) Asset response.--The term `asset response' means
activities including--
``(A) furnishing technical and advisory assistance to
entities affected by a cyber incident to protect their
assets, mitigate vulnerabilities, and reduce the related
impacts;
``(B) identifying other entities that may be at risk and
assessing their risk to the same or similar vulnerabilities;
``(C) assessing potential risks to the sector or region,
including potential cascading effects, and developing courses
of action to mitigate these risks;
``(D) facilitating information sharing and operational
coordination with threat response; and
``(E) providing guidance on how best to utilize Federal
resources and capabilities in a timely, effective manner to
accelerate recovery.
``(2) Fund.--The term `Fund' means the Cyber Response and
Recovery Fund established under subsection (c).
``(3) Incident.--The term `incident' has the meaning given
the term in section 2209.
``(4) Significant cyber incident.--The term `significant
cyber incident' means an incident that is, or group of
related cyber incidents that together are, reasonably likely
to result in significant harm to the national security,
foreign policy, or economic health or financial stability of
the United States.
``(b) Declaration.--
``(1) In general.--The Secretary may declare a cyber state
of distress in accordance with this section if the Secretary
determines that--
``(A) a significant cyber incident has occurred; or
``(B) there is a near-term risk of a significant cyber
incident.
``(2) Coordination of activities.--Upon declaration of a
cyber state of distress under paragraph (1), the Secretary
shall--
``(A) coordinate all asset response activities by Federal
agencies in response to a cyber state of distress;
``(B) harmonize the activities described in subparagraph
(A) with asset response activities of private entities and
State and local governments to the maximum extent
practicable; and
``(C) harmonize the activities described in subparagraph
(A) with Federal, State, local, Tribal, and territorial law
enforcement investigations and threat response activities.
``(3) Duration.--A declaration made pursuant to paragraph
(1) shall be for a period designated by the Secretary or 60
days, whichever is shorter.
``(4) Renewal.--The Secretary may renew a declaration made
pursuant to paragraph (1) as necessary to respond to or
prepare for a significant cyber incident.
``(5) Publication.--Not later than 72 hours after the
Secretary makes a declaration pursuant to paragraph (1), the
Secretary shall publish the declaration in the Federal
Register.
``(6) Limitation on delegation.--The Secretary may not
delegate the authority to declare a cyber state of distress
under paragraph (1).
``(7) Superseding declarations.--A declaration made
pursuant to paragraph (1) shall have no effect if the
President declares a major disaster pursuant to section 401
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) in the same area covered by
the declaration made pursuant to paragraph (1).
``(c) Advance Activities.--The Secretary shall--
``(1) assess the Federal resources available to respond to
a cyber state of distress declared pursuant to paragraph (1);
and
``(2) take actions to arrange or procure such additional
resources as the Secretary determines necessary, including
entering into standby contracts for private sector
cybersecurity services or incident responders.
``(d) Cyber Response and Recovery Fund.--
``(1) Establishment.--There is established in the Treasury
a fund to be known as the Cyber Response and Recovery Fund.
``(2) Use of funds.--Amounts in the Fund shall be available
to carry out--
``(A) activities related to a cyber state of distress
declared by the Secretary pursuant to subsection (b)(1); and
``(B) advance activities undertaken by the Secretary
pursuant to subsection (c).
``(3) Expenditures from the fund.--The cost of any
assistance provided pursuant to this section shall be
reimbursed out of funds appropriated to the Fund and made
available to carry out this section.''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by adding at
the end the following:

``Subtitle C--Cyber State of Distress

``Sec. 2231. Cyber state of distress.''.
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