Enhancing Maritime Cybersecurity Act of 2020

II 116TH CONGRESS 2D SESSION S. 4023 To enhance maritime cybersecurity. IN THE SENATE OF THE UNITED STATES JUNE 22, 2020 Mr. MARKEY introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To enhance maritime cybersecurity. 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 ‘‘Enhancing Maritime 4 Cybersecurity Act of 2020’’. 5 SEC. 2. MARITIME CYBERSECURITY. 6 (a) DEFINITIONS.—In this section: 7 (1) ADMINISTRATOR.—The term ‘‘Adminis- 8 trator’’ means the Administrator of the Maritime 9 Administration. 10 VerDate Sep 11 2014 22:22 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4023.IS S4023 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 4023 IS (2) COMMANDANT.—The term ‘‘Commandant’’ 1 means the Commandant of the United States Coast 2 Guard. 3 (3) CYBER INCIDENT.—The term ‘‘cyber inci- 4 dent’’ has the meaning given the term ‘‘significant 5 cyber incident’’ in Presidential Policy Directive 41 6 (July 26, 2016, relating to United States Cyber In- 7 cident Coordination). 8 (4) DIRECTOR.—The term ‘‘Director’’ means 9 the Director of the Cybersecurity and Infrastructure 10 Security Agency of the Department of Homeland Se- 11 curity. 12 (5) MARITIME OPERATORS.—The term ‘‘mari- 13 time operators’’ means the owners or operators of 14 commercial maritime vessels, the owners or opera- 15 tors of port terminals, and port authorities. 16 (b) CYBERSECURITY RESOURCES.— 17 (1) IN GENERAL.—Not later than 2 years after 18 the date of enactment of this Act, the Director, in 19 consultation with the Administrator and the Com- 20 mandant, shall ensure the availability of a resource, 21 or a consolidated series of resources, to assist mari- 22 time operators in identifying, detecting, protecting 23 against, responding to, and recovering from cyber 24 incidents. 25 VerDate Sep 11 2014 22:22 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4023.IS S4023 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 4023 IS (2) DEVELOPMENT.—In developing the re- 1 source under paragraph (1), the Director and the 2 Administrator shall— 3 (A) use the cybersecurity framework estab- 4 lished by the National Institute of Standards 5 and Technology and required by Executive 6 Order 13636 of February 12, 2013 (78 Fed. 7 Reg. 11739; relating to improving critical infra- 8 structure cybersecurity); 9 (B) use the guidelines on maritime cyber 10 risk management issued by the International 11 Maritime Organization on July 5, 2017, or any 12 successor document; 13 (C) establish a structured cybersecurity as- 14 sessment and development program; 15 (D) consult with appropriate maritime op- 16 erators, agencies, industry stakeholders, and cy- 17 bersecurity experts; and 18 (E) provide for a period of public comment 19 and review on the resource. 20 (c) CYBER COORDINATOR.—Not later than 2 years 21 after the date of enactment of this Act, the Administrator 22 shall designate an office as a ‘‘cyber coordinator’’, which 23 shall be responsible for the following: 24 VerDate Sep 11 2014 22:22 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4023.IS S4023 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 4023 IS (1) Coordinating with the Director and the 1 Commandant on cybersecurity activities for the com- 2 mercial maritime sector and cyber incidents that af- 3 fect maritime operators. 4 (2) Ensuring that maritime operators are aware 5 of available secure methods of notifying the United 6 States Government of cyber incidents. 7 (3) Notifying the Director and the Com- 8 mandant of unaddressed cyber incidents that affect 9 maritime operators. 10 (4) Ensuring that maritime operators have ac- 11 cess to educational resources, conducting outreach, 12 and ensuring awareness on fundamental principles 13 and best practices in cybersecurity for maritime sys- 14 tems, including the cyber resource developed under 15 this section. 16 Æ VerDate Sep 11 2014 22:22 Jul 03, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S4023.IS S4023 pbinns on DSKJLVW7X2PROD with BILLS