Assessing a Cyber State of Distress Act of 2020

This bill requires the Department of Homeland Security (DHS) to assess the feasibility and advisability of establishing (1) an authority for the declaration of a cyber state of distress, and (2) a Cyber Response and Recovery Fund.

Both required assessments shall include a review of recommendations by the Cyberspace Solarium Commission established to develop a consensus on a strategic approach to defending the United States in cyberspace against cyberattacks of significant consequences.

Further, the assessment of an authority for declaring a cyber state of distress shall include the development of additional recommendations relating to (1) any determinations that DHS should make and other actions that should be taken before DHS is authorized to declare or renew a cyber state of distress, (2) the definition of the term significant cyber incident, and (3) the appropriate duration of a cyber state of distress.

The assessment of a Cyber Response and Recovery Fund shall include the development of additional recommendations relating to (1) the administration of such a fund, (2) the eligibility of entities that may receive support from such fund, and (3) allowable expenses for such fund.

DHS must provide a briefing that includes findings from each assessment and legislative proposals for the establishment of an authority for the declaration of a cyber state of distress and a Cyber Response and Recovery Fund.