,,ii #aafth ,,congress #b;d ,session ,s4 #dbbf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bj1 #bjbj,mr4 ,peters introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to require the ,secretary of ,homeland ,security to conduct an assessment of the feasibility and advisability of establishing a fund for the response to1 and recovery from1 a cyber state of distress1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,assessing a ,cyber ,state of ,distress ,act of #bjbj4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,homeland ,security and the ,committee on ,oversight and ,reform of the ,house of ,representatives4 7#b7 ,critical infrastructure ,the term critical infrastructure has the meaning given the term in section #ajaf7;e7 of the ,,usa ,,patriot ,act 7#db ,u4,s4,c4 #eaie;c7e774 7#c7 ,cyber ,response and ,recovery ,fund ,the term ,cyber ,response and ,recovery ,fund means a fund intended to support the response and recovery from a significant cyber incident1 the disbursement of which may be triggered by a declaration of a cyber state of distress4 7#d7 ,cyber state of distress ,the term cyber state of distress means a state of distress that-- 7,a7 begins with a ,federal declaration2 and 7,b7 triggers additional financial and material assistance in responding to significant cyber incidents4 7#e7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and any other territory or possession of the ,united ,states4 #c4 ,assessment of cyber state of distress 7a7 ,in general ,not later than #ahj days after the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the head of any agency or non-,federal entity determined appropriate by the ,secretary1 shall conduct an assessment of the feasibility and advisability of establishing an authority for the declaration of a cyber state of distress4 7b7 ,elements ,the assessment required under subsection 7a7 shall include-- 7#a7 a review of recommendations developed by the ,cyberspace ,solarium ,commission under section #afeb7k7 of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7,public ,law #aae-bcb2 #acb ,stat4 #badf72 and 7#b7 the development of additional recommendations relating to-- 7,a7 the determinations that the ,secretary should make and any other actions that should be taken before the ,secretary is authorized to declare or renew a cyber state of distress1 including whether the declaration or any renewal should require congressional oversight or approval2 7,b7 the definition of the term significant cyber incident1 which shall include a consideration of the threat and scope or magnitude of the impact of such an incident2 7,c7 the authority for the coordination1 including the extent and type of coordination1 of the response of-- 7i7 ,federal1 ,state1 local1 and ,tribal governments1 including the ,national ,guard2 and 7ii7 private entities2 7,d7 the appropriate duration of a cyber state of distress and any renewal of a cyber state of distress2 7,e7 whether there should be a limitation on the number of renewals of a cyber state of distress1 with or without congressional oversight or approval2 7,f7 the interaction1 duplication1 coordination1 and deconfliction of-- 7i7 authorities or functions for the preparation for1 response to1 or recovery from a significant cyber incident that the ,secretary of ,homeland ,security recommends granting or assigning under this paragraph2 and 7ii7 existing authorities or functions established by law or policy that may relate to preparing for1 responding to1 or recovery from a significant cyber incident1 including under-- 7,i7 the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq472 7,,ii7 the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq472 7,,iii7 continuity of government plans2 7,,iv7 other national disaster plans2 and 7,v7 any other ,federal authority the ,secretary of ,homeland ,security determines appropriate2 7,g7 appropriate exemptions from applicable legal requirements necessary to facilitate activities during a cyber state of distress2 7,h7 the scope of any allowable activities-- 7i7 in preparation for a declaration of a cyber state of distress2 7ii7 during a cyber state of distress2 or 7iii7 immediately following the termination of the cyber state of distress2 7,i7 the scope of any other interaction between ,federal entities and between ,federal and non-,federal entities2 and 7,j7 any other aspects of a cyber state of distress that the ,secretary of ,homeland ,security determines relevant4 #d4 ,assessment of ,cyber ,response and ,recovery ,fund 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall conduct an assessment of the feasibility and advisability of establishing a ,cyber ,response and ,recovery ,fund4 7b7 ,elements ,the assessment required under subsection 7a7 shall include-- 7#a7 a review of recommendations developed by the ,cyberspace ,solarium ,commission under section #afeb7k7 of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7,public ,law #aae-bcb2 #acb ,stat4 #badf72 and 7#b7 the development of additional recommendations relating to-- 7,a7 the administration of a ,cyber ,response and ,recovery ,fund2 7,b7 the eligibility of entities that may receive direct or indirect support under a ,cyber ,response and ,recovery ,fund1 including eligibility for the receipt of direct or indirect support by-- 7i7 ,federal entities2 7ii7 ,state1 local1 and ,tribal governments2 7iii7 owners and operators of critical infrastructure2 and 7iv7 private sector entities that are not owners or operators of critical infrastructure2 7,c7 allowable expenses for a ,cyber ,response and ,recovery ,fund2 7,d7 whether any entity receiving funds from the ,cyber ,response and ,recovery ,fund should be required to match funds or reimburse any funds to the ,cyber ,response and ,recovery ,fund2 and 7,e7 with respect to funding available for the response to1 and recovery from a significant cyber incident1 the interaction1 duplication1 coordination1 and deconfliction of that funding1 or applications for that funding1 provided-- 7i7 from a ,cyber ,response and ,recovery ,fund2 or 7ii7 under-- 7,i7 the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaba et seq472 7,,ii7 the ,national ,emergencies ,act 7#ej ,u4,s4,c4 #afja et seq472 or 7,,iii7 any other ,federal grant program relating to cybersecurity or natural disaster response or recovery4 #e4 ,briefing 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security shall provide a briefing to each appropriate congressional committee on the assessments carried out by the ,secretary of ,homeland ,security under sections #c and #d that includes-- 7#a7 the findings from the assessments2 and 7#b7 legislative proposals for the establishment of-- 7,a7 an authority for the declaration of a cyber state of distress2 and 7,b7 a ,cyber ,response and ,recovery ,fund4 7b7 ,format ,each briefing required under subsection 7a7-- 7#a7 shall be completed in a manner that is unclassified2 and 7#b7 may include a classified component4