S. 1281Senate115th Congress (2017-2019)Passed Senate

Hack DHS Act

Introduced May 25, 2017

AI-Generated Summary

Updated April 15, 2026 at 4:00 PM UTC

The Hack DHS Act would create a pilot bug‑bounty program at the Department of Homeland Security. Within 180 days of enactment, the DHS secretary must set up a system that lets qualified individuals, companies or organizations test certain DHS information systems, report previously unknown security flaws, and receive payment. The program also requires legal protections for participants and a report to Congress on its results, with $250,000 authorized for FY 2019.

Key Provisions

  • The secretary must establish the pilot program within the Office of the Chief Information Officer, designating which DHS information systems are eligible.
  • Eligible participants—determined by criteria the secretary sets—can receive compensation for reporting undisclosed vulnerabilities.
  • The program must coordinate with the Attorney General to protect participants from prosecution under computer‑fraud laws and from civil lawsuits for authorized activities.
  • The secretary must consult with the Defense Secretary and other agencies that run similar programs to apply best practices.
  • A streamlined registration, background‑check, and eligibility determination process must be created for participants.
  • Within 180 days after the pilot ends, DHS must submit a detailed report to the relevant House and Senate committees covering participation, vulnerabilities found, remediation, compensation, and lessons learned.
  • An appropriation of $250,000 is authorized for fiscal year 2019 to fund the program.

Legislative Activity

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14 earlier actions
HouseCalendars Latest Action

Placed on the Union Calendar, Calendar No. 752.

September 25, 2018

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SenateIntro Referral

Introduced in Senate

May 25, 2017

SenateIntro Referral

Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

May 25, 2017

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

October 4, 2017

SenateCommittee

Committee on Homeland Security and Governmental Affairs. Reported by Senator Johnson with an amendment in the nature of a substitute. With written report No. 115-209.

February 26, 2018

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 335.

February 26, 2018

SenateFloor

Measure laid before Senate by unanimous consent. (consideration: CR S2223-2225)

April 17, 2018

SenateFloor

The committee substitute as amended agreed to by Unanimous Consent. (text: CR S2224)

April 17, 2018

SenateFloor

Passed Senate with an amendment by Voice Vote. (text as passed Senate: CR S2224)

April 17, 2018

SenateFloor

Message on Senate action sent to the House.

April 18, 2018

HouseFloor

Received in the House.

April 18, 2018 • 1:33 PM

HouseIntro Referral

Referred to the House Committee on Homeland Security.

April 18, 2018

HouseCommittee

Committee Consideration and Mark-up Session Held.

September 13, 2018

HouseCommittee

Ordered to be Reported (Amended) by Unanimous Consent.

September 13, 2018

HouseCommittee

Reported (Amended) by the Committee on Homeland Security. H. Rept. 115-964.

September 25, 2018

HouseCalendars

Placed on the Union Calendar, Calendar No. 752.

September 25, 2018

Amendments

1 amendment

Offered to this bill

Floor Debate

6 members

What members said about S. 1281 on the floor

4 Republicans2 Democrats
Will Hurd
Rep. Will HurdR-TX-23 · Dec 19, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 7327) to require the Secretary of Homeland Security to establish a security vulnerability disclosure policy, to establish a bug bounty…

Cedric L. Richmond
Rep. Cedric L. RichmondD-LA-2 · Sep 25, 2018

Mr. Speaker, I yield myself as much time as I may consume. Mr. Speaker, I rise in support of H.R. 6735, the Public-Private Cybersecurity Cooperation Act. Mr. Speaker, protecting our Federal…

Michael T. McCaul
Rep. Michael T. McCaulR-TX-10 · Sep 25, 2018

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6735) to direct the Secretary of Homeland Security to establish a vulnerability disclosure policy for Department of Homeland Security…

Eleanor Holmes Norton
Rep. Eleanor Holmes NortonD-DC · Dec 19, 2018

Mr. Speaker, I yield myself such time as I may consume Mr. Speaker, I thank my good friend, Representative Hurd, for his leadership in introducing this commonsense legislation. The bill before us…

Mitch McConnell
Sen. Mitch McConnellR-KY · Apr 17, 2018

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 335, S. 1281. Mr. President, I ask unanimous consent that the Hassan amendment be…

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Thomas Massie
Rep. Thomas MassieR-KY-4 · Dec 19, 2018

Mr. Speaker, I object to the vote on the ground that a quorum is not present and make the point of order that a quorum is not present.

Bill Text

5 versions available

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Reported in HouseIssued September 25, 2018

ID

Union Calendar No. 752

115th CONGRESS

2d Session

S. 1281

[Report No. 115–964]

IN THE HOUSE OF REPRESENTATIVES

April 18, 2018

Referred to the Committee on Homeland Security

September 25, 2018

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on April 18, 2018


An Act

To establish a bug bounty pilot program within the Department of Homeland Security, and for other purposes.


1.

Short title

This Act may be cited as the Hack the Department of Homeland Security Act of 2018 or the Hack DHS Act.

2.

Department of Homeland Security bug bounty pilot program

(a)

Definitions

In this section:

(1)

Bug bounty program

The term bug bounty program means a program under which—

(A)

individuals, organizations, and companies are temporarily authorized to identify and report vulnerabilities of appropriate information systems of the Department; and

(B)

eligible individuals, organizations, and companies receive compensation in exchange for such reports.

(2)

Department

The term Department means the Department of Homeland Security.

(3)

Eligible individual, organization, or company

The term eligible individual, organization, or company means an individual, organization, or company that meets such criteria as the Secretary determines in order to receive compensation in compliance with Federal laws.

(4)

Information system

The term information system has the meaning given that term by section 3502 of title 44, United States Code.

(5)

Pilot program

The term pilot program means the bug bounty pilot program required to be established under subsection (b)(1).

(6)

Secretary

The term Secretary means the Secretary of Homeland Security.

(b)

Establishment of pilot program

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Secretary shall establish, within the Office of the Chief Information Officer, a bug bounty pilot program to minimize vulnerabilities of appropriate information systems of the Department.

(2)

Requirements

In establishing and conducting the pilot program, the Secretary shall—

(A)

designate appropriate information systems to be included in the pilot program;

(B)

provide compensation to eligible individuals, organizations, and companies for reports of previously unidentified security vulnerabilities within the information systems designated under subparagraph (A);

(C)

establish criteria for individuals, organizations, and companies to be considered eligible for compensation under the pilot program in compliance with Federal laws;

(D)

consult with the Attorney General on how to ensure that approved individuals, organizations, or companies that comply with the requirements of the pilot program are protected from prosecution under section 1030 of title 18, United States Code, and similar provisions of law, and civil lawsuits for specific activities authorized under the pilot program;

(E)

consult with the Secretary of Defense and the heads of other departments and agencies that have implemented programs to provide compensation for reports of previously undisclosed vulnerabilities in information systems, regarding lessons that may be applied from such programs; and

(F)

develop an expeditious process by which an individual, organization, or company can register with the Department, submit to a background check as determined by the Department, and receive a determination as to eligibility; and

(G)

engage qualified interested persons, including non-government sector representatives, about the structure of the pilot program as constructive and to the extent practicable.

(3)

Contract

In establishing the pilot program, the Secretary, subject to the availability of appropriations, may award one or more competitive contracts to an entity, as necessary, to manage the pilot program.

(c)

Report

Not later than 180 days after the date on which the pilot program is completed, the Secretary of Homeland Security 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 pilot program, which shall include—

(1)

the number of individuals, organizations, or companies that participated in the pilot program, broken down by the number of individuals, organizations, or companies that—

(A)

registered;

(B)

were determined eligible;

(C)

submitted security vulnerabilities; and

(D)

received compensation;

(2)

the number and severity of vulnerabilities reported as part of the pilot program;

(3)

the number of previously unidentified security vulnerabilities remediated as a result of the pilot program;

(4)

the current number of outstanding previously unidentified security vulnerabilities and Department remediation plans;

(5)

the average length of time between the reporting of security vulnerabilities and remediation of the vulnerabilities;

(6)

the types of compensation provided under the pilot program; and

(7)

the lessons learned from the pilot program.

(d)

Authorization of appropriations

There are authorized to be appropriated to the Department $250,000 for fiscal year 2019 to carry out this Act.

September 25, 2018

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed