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Peters & Portman Provision to Create Significant Incident Declaration for Major Cyber-Attacks Passes Senate as Part of Competitiveness Bill

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The Senate has passed the American Innovation and Competition Act, which includes a provision added by Senators Gary Peters (D-MI) and Rob Portman (R-OH) to increase the government’s ability to quickly respond to cyber-attacks. The provision is based on the Cyber Response and Recovery Act, and would establish a Cyber Response and Recovery Fund, form which DHS and CISA could provide direct support to entities hit by significant cyber-attacks and breaches.

The bill would authorize the Secretary of Homeland Security to declare a “significant incident” when an attack would impact national security, economic security, or government operations, thereby empowering CISA to coordinate response efforts. It would authorize $20 million over seven years for the fund, and require DHS to report to Congress on its use.

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