Hack Your State Department Act

IIB 116TH CONGRESS 1ST SESSION H. R. 328 IN THE SENATE OF THE UNITED STATES JANUARY 23 (legislative day, JANUARY 22), 2019 Received; read twice and referred to the Committee on Foreign Relations AN ACT To require the Secretary of State to design and establish a Vulnerability Disclosure Process (VDP) to improve De- partment of State cybersecurity and a bug bounty pro- gram to identify and report vulnerabilities of internet- facing information technology of the Department of State, and for other purposes. VerDate Sep 11 2014 20:37 Jan 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H328.RFS H328 pamtmann on DSKBFK8HB2PROD with BILLS 2 HR 328 RFS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Hack Your State De- 4 partment Act’’. 5 SEC. 2. DEFINITIONS. 6 In this Act: 7 (1) BUG BOUNTY PROGRAM.—The term ‘‘bug 8 bounty program’’ means a program under which an 9 approved individual, organization, or company is 10 temporarily authorized to identify and report 11 vulnerabilities of internet-facing information tech- 12 nology of the Department in exchange for compensa- 13 tion. 14 (2) DEPARTMENT.—The term ‘‘Department’’ 15 means the Department of State. 16 (3) INFORMATION TECHNOLOGY.—The term 17 ‘‘information technology’’ has the meaning given 18 such term in section 11101 of title 40, United 19 States Code. 20 (4) SECRETARY.—The term ‘‘Secretary’’ means 21 the Secretary of State. 22 VerDate Sep 11 2014 20:37 Jan 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H328.RFS H328 pamtmann on DSKBFK8HB2PROD with BILLS 3 HR 328 RFS SEC. 3. DEPARTMENT OF STATE VULNERABILITY DISCLO- 1 SURE PROCESS. 2 (a) IN GENERAL.—Not later than 180 days after the 3 date of the enactment of this Act, the Secretary shall de- 4 sign, establish, and make publicly known a Vulnerability 5 Disclosure Process (VDP) to improve Department cyber- 6 security by— 7 (1) providing security researchers with clear 8 guidelines for— 9 (A) conducting vulnerability discovery ac- 10 tivities directed at Department information 11 technology; and 12 (B) submitting discovered security vulnera- 13 bilities to the Department; and 14 (2) creating Department procedures and infra- 15 structure to receive and fix discovered vulnerabili- 16 ties. 17 (b) REQUIREMENTS.—In establishing the VDP pur- 18 suant to paragraph (1), the Secretary shall— 19 (1) identify which Department information 20 technology should be included in the process; 21 (2) determine whether the process should dif- 22 ferentiate among and specify the types of security 23 vulnerabilities that may be targeted; 24 VerDate Sep 11 2014 20:37 Jan 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H328.RFS H328 pamtmann on DSKBFK8HB2PROD with BILLS 4 HR 328 RFS (3) provide a readily available means of report- 1 ing discovered security vulnerabilities and the form 2 in which such vulnerabilities should be reported; 3 (4) identify which Department offices and posi- 4 tions will be responsible for receiving, prioritizing, 5 and addressing security vulnerability disclosure re- 6 ports; 7 (5) consult with the Attorney General regarding 8 how to ensure that individuals, organizations, and 9 companies that comply with the requirements of the 10 process are protected from prosecution under section 11 1030 of title 18, United States Code, and similar 12 provisions of law for specific activities authorized 13 under the process; 14 (6) consult with the relevant offices at the De- 15 partment of Defense that were responsible for 16 launching the 2016 Vulnerability Disclosure Pro- 17 gram, ‘‘Hack the Pentagon’’, and subsequent De- 18 partment of Defense bug bounty programs; 19 (7) engage qualified interested persons, includ- 20 ing nongovernmental sector representatives, about 21 the structure of the process as constructive and to 22 the extent practicable; and 23 VerDate Sep 11 2014 20:37 Jan 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H328.RFS H328 pamtmann on DSKBFK8HB2PROD with BILLS 5 HR 328 RFS (8) award contracts to entities, as necessary, to 1 manage the process and implement the remediation 2 of discovered security vulnerabilities. 3 (c) ANNUAL REPORTS.—Not later than 180 days 4 after the establishment of the VDP under subsection (a) 5 and annually thereafter for the next six years, the Sec- 6 retary of State shall submit to the Committee on Foreign 7 Affairs of the House of Representatives and the Com- 8 mittee on Foreign Relations of the Senate a report on the 9 VDP, including information relating to the following: 10 (1) The number and severity, in accordance 11 with the National Vulnerabilities Database of the 12 National Institute of Standards and Technology, of 13 security vulnerabilities reported. 14 (2) The number of previously unidentified secu- 15 rity vulnerabilities remediated as a result. 16 (3) The current number of outstanding pre- 17 viously unidentified security vulnerabilities and De- 18 partment of State remediation plans. 19 (4) The average length of time between the re- 20 porting of security vulnerabilities and remediation of 21 such vulnerabilities. 22 (5) The resources, surge staffing, roles, and re- 23 sponsibilities within the Department used to imple- 24 VerDate Sep 11 2014 20:37 Jan 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H328.RFS H328 pamtmann on DSKBFK8HB2PROD with BILLS 6 HR 328 RFS ment the VDP and complete security vulnerability 1 remediation. 2 (6) Any other information the Secretary deter- 3 mines relevant. 4 SEC. 4. DEPARTMENT OF STATE BUG BOUNTY PILOT PRO- 5 GRAM. 6 (a) ESTABLISHMENT OF PILOT PROGRAM.— 7 (1) IN GENERAL.—Not later than one year 8 after the date of the enactment of this Act, the Sec- 9 retary shall establish a bug bounty pilot program to 10 minimize security vulnerabilities of internet-facing 11 information technology of the Department. 12 (2) REQUIREMENTS.—In establishing the pilot 13 program described in paragraph (1), the Secretary 14 shall— 15 (A) provide compensation for reports of 16 previously unidentified security vulnerabilities 17 within the websites, applications, and other 18 internet-facing information technology of the 19 Department that are accessible to the public; 20 (B) award contracts to entities, as nec- 21 essary, to manage such pilot program and for 22 executing the remediation of security vulnerabil- 23 ities identified pursuant to subparagraph (A); 24 VerDate Sep 11 2014 20:37 Jan 23, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H328.RFS H328 pamtmann on DSKBFK8HB2PROD with BILLS 7 HR 328 RFS (C) identify which Department information 1 technology should be included in such pilot pro- 2 gram; 3 (D) consult with the Attorney General on 4 how to ensure that individuals, organizations, 5 or companies that comply with the requirements 6 of such pilot program are protected from pros- 7 ecution under section 1030 of title 18, United 8 States Code, and similar provisions of law for 9 specific activities authorized under such pilot 10 program; 11 (E) consult with the relevant offices at the 12 Department of Defense that were responsible 13 for launching the 2016 ‘‘Hack the Pentagon’’ 14 pilot program and subsequent Department of 15 Defense bug bounty programs; 16 (F) develop a process by which an ap- 17 proved individual, organization, or company can 18 register with the entity referred to in subpara- 19 graph (B), submit to a background check as de- 20 termined by the Department, and receive a de- 21 termination as to eligibility for participation in 22 such pilot program; 23 (G) engage qualified interested persons, in- 24 cluding nongovernmental sector representatives, 25 VerDate Sep 11 2014 20:37 Jan 23, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H328.RFS H328 pamtmann on DSKBFK8HB2PROD with BILLS 8 HR 328 RFS about the structure of such pilot program as 1 constructive and to the extent practicable; and 2 (H) consult with relevant United States 3 Government officials to ensure that such pilot 4 program complements persistent network and 5 vulnerability scans of the Department of State’s 6 internet-accessible systems, such as the scans 7 conducted pursuant to Binding Operational Di- 8 rective BOD–15–01. 9 (3) DURATION.—The pilot program established 10 under paragraph (1) should be short-term in dura- 11 tion and not last longer than one year. 12 (b) REPORT.—Not later than 180 days after the date 13 on which the bug bounty pilot program under subsection 14 (a) is completed, the Secretary shall submit to the Com- 15 mittee on Foreign Relations of the Senate and the Com- 16 mittee on Foreign Affairs of the House of Representatives 17 a report on such pilot program, including information re- 18 lating to— 19 (1) the number of approved individuals, organi- 20 zations, or companies involved in such pilot pro- 21 gram, broken down by the number of approved indi- 22 viduals, organizations, or companies that— 23 (A) registered; 24 (B) were approved; 25 VerDate Sep 11 2014 20:37 Jan 23, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H328.RFS H328 pamtmann on DSKBFK8HB2PROD with BILLS 9 HR 328 RFS (C) submitted security vulnerabilities; and 1 (D) received compensation; 2 (2) the number and severity, in accordance with 3 the National Vulnerabilities Database of the Na- 4 tional Institute of Standards and Technology, of se- 5 curity vulnerabilities reported as part of such pilot 6 program; 7 (3) the number of previously unidentified secu- 8 rity vulnerabilities remediated as a result of such 9 pilot program; 10 (4) the current number of outstanding pre- 11 viously unidentified security vulnerabilities and De- 12 partment remediation plans; 13 (5) the average length of time between the re- 14 porting of security vulnerabilities and remediation of 15 such vulnerabilities; 16 (6) the types of compensation provided under 17 such pilot program; and 18 (7) the lessons learned from such pilot pro- 19 gram. 20 Passed the House of Representatives January 22, 2019. Attest: KAREN L. HAAS, Clerk. VerDate Sep 11 2014 20:37 Jan 23, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H328.RFS H328 pamtmann on DSKBFK8HB2PROD with BILLS