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H.R. 10671IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 2 · H.R. 10671

Reauthorization of a program of the Cybersecurity and Infrastructure Security Agency relating to security vulnerability warnings

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Section 105 of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (6 U.S.C. 652 note) is amended— (1) in the heading— (A) by striking Ransomware and inserting Security; and (B) by striking pilot; (2) in subsection (a)— (A) by striking Not later than 1 year after the date of enactment of this Act, the Director shall establish a ransomware vulnerability warning pilot program and inserting There is established in the Cybersecurity and Infrastructure Security Agency a security vulnerability warning program; and (B) by striking associated with common ransomware attacks; (3) by striking pilot each place it appears; (4) in subsection (b)(1), by striking utilized in ransomware attacks and mitigation techniques and inserting for information systems, and mitigation techniques relating thereto; (5) in subsection (d), by striking covered entities and inserting covered utilities; (6) in subsection (e)— (A) by striking No procedure and inserting the following: (1) In general No procedure; and (B) by adding at the end the following new paragraphs: (2) Exemption from disclosure Information shared by a covered entity with respect to the program established under subsection (a) is exempt from disclosure under section 552(b)(3) of title 5, United States Code, and any provision of State, local, or Tribal freedom of information law, open government law, open meetings law, open records law, sunshine law, or similar law requiring disclosure of information or records. (3) Prohibited activity The Director may not disclose, retain, or use information shared by a covered entity with respect to the program established under subsection (a) unless such disclosure, retention, or use, as the case may be, is for a purpose specified in subsection (d)(5)(A) of section 105 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1504). (4) Privacy The Director shall retain information shared by a covered entity with respect to the program established under subsection (a) in a manner that protects from unauthorized use or disclosure any of the following: (A) Any personal information that is of a specific individual and included in such retained information. (B) Any information that identifies a specific individual and is included in such retained information.; and (7) by striking subsection (g) and inserting the following new subsections: (g) Cyber hygiene services (1) Automatic enrollment As part of the program established under subsection (a), the Director shall automatically enroll in the applicable cyber hygiene services of the Cybersecurity and Infrastructure Security Agency each covered utility. (2) Disenrollment A covered utility enrolled in a cyber hygiene service pursuant to paragraph (1) may disenroll from such service by submitting to the Director notice of such disenrollment. (h) Incident response As part of the program established under subsection (a), if the Director determines that a covered utility has been affected by a cyber incident, the Director shall utilize the incident response capabilities of the Cybersecurity and Infrastructure Security Agency to carry out on behalf of such utility a response to such incident, as appropriate. (i) Coordination In carrying out the program established under subsection (a), the Director shall coordinate with the Administrator of the Environmental Protection Agency. (j) Termination The program established under subsection (a) shall terminate on the date that is five years after the date of the enactment of this subsection. (k) Covered utility defined In this section, the term covered utility means an entity that is any of the following: (1) A water or wastewater utility that serves not more than 100,000 individuals. (2) An eligible entity (as such term is defined in section 40124 of the Infrastructure Investment and Jobs Act (42 U.S.C. 18723)). (3) An operator of any of the following: (A) A public water system (as such term is defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)). (B) Treatment works (as such term is defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292))..