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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3315 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3315
To require the Secretary of Health and Human Services and the Director
of the Cybersecurity and Infrastructure Security Agency to coordinate
to improve cybersecurity in the health care and public health sectors,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 2, 2025
Mr. Cassidy (for himself, Ms. Hassan, Mr. Cornyn, and Mr. Warner)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require the Secretary of Health and Human Services and the Director
of the Cybersecurity and Infrastructure Security Agency to coordinate
to improve cybersecurity in the health care and public health sectors,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Health Care Cybersecurity and
Resiliency Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``Agency'' means the Cybersecurity
and Infrastructure Security Agency.
(2) Cybersecurity incident.--The term ``cybersecurity
incident'' has the meaning given the term ``incident'' in
section 3552 of title 44, United States Code.
(3) Cybersecurity state coordinator.--The term
``Cybersecurity State Coordinator'' means a Cybersecurity State
Coordinator appointed under section 2217(a) of the Homeland
Security Act of 2002 (6 U.S.C. 665c(a)).
(4) Director.--The term ``Director'' means the Director of
the Agency.
(5) Healthcare and public health sector.--The term
``Healthcare and Public Health Sector'' means the Healthcare
and Public Health sector, as identified in Presidential Policy
Directive 21 (February 12, 2013; relating to critical
infrastructure security and resilience).
(6) Information sharing and analysis organization.--The
term ``Information Sharing and Analysis Organization'' has the
meaning given such term in section 2200 of the Homeland
Security Act of 2002 (6 U.S.C. 650).
(7) Information system.--The term ``information system''
has the meaning given such term in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 3. DEPARTMENT COORDINATION WITH THE AGENCY.
(a) In General.--The Secretary and the Director shall coordinate,
including by entering into a cooperative agreement, as appropriate, to
improve cybersecurity in the Healthcare and Public Health Sector.
(b) Assistance.--
(1) In general.--The Secretary shall coordinate with the
Director to make resources available to entities that are
receiving information shared through programs managed by the
Director or the Secretary, including Information Sharing and
Analysis Organizations, information sharing and analysis
centers, and non-Federal entities.
(2) Scope.--The coordination under paragraph (1) shall
include--
(A) developing products specific to the needs of
Healthcare and Public Health Sector entities; and
(B) sharing information relating to cyber threat
indicators and appropriate defensive measures.
SEC. 4. CLARIFYING CYBERSECURITY RESPONSIBILITIES AT THE DEPARTMENT OF
HEALTH AND HUMAN SERVICES.
Part A of title III of the Public Health Service Act (42 U.S.C. 241
et seq.) is amended by adding at the end the following:
``SEC. 310C. OVERSIGHT OF CYBERSECURITY ACTIVITIES.
``The Secretary, acting through the Assistant Secretary for
Preparedness and Response, in coordination with the Director of the
Cybersecurity and Infrastructure Security Agency pursuant to section
2218 of the Homeland Security Act of 2002, shall lead oversight and
coordination of activities within the Department of Health and Human
Services to support cybersecurity resiliency within the Healthcare and
Public Health Sector (as defined in section 2 of the Health Care
Cybersecurity and Resiliency Act of 2025), including coordination and
communication with other public and private entities related to
preparedness for, and responses to, cybersecurity incidents, consistent
with applicable provisions of this Act, other applicable laws, and
Presidential Policy Directive 21 (February 12, 2013; relating to
critical infrastructure security and resilience).''.
SEC. 5. CYBERSECURITY INCIDENT RESPONSE PLAN.
Section 405 of the Cybersecurity Act of 2015 (6 U.S.C. 1533) is
amended--
(1) in subsection (a)--
(A) in paragraph (4)--
(i) in the paragraph heading, by inserting
``information system;'' after ``Federal
entity;''; and
(ii) by inserting ```information system',''
after ```Federal entity','';
(B) by redesignating paragraphs (4) through (7) as
paragraphs (6) through (9), respectively; and
(C) by inserting after paragraph (3) the following:
``(4) Cybersecurity incident.--The term `cybersecurity
incident' has the meaning given the term `incident' in section
3552 of title 44, United States Code.
``(5) Cybersecurity risk.--The term `cybersecurity risk'
has the meaning given such term in section 2200 of the Homeland
Security Act of 2002 (6 U.S.C. 650).''; and
(2) in subsection (d), by adding at the end the following:
``(4) Plan.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Health Care Cybersecurity and
Resiliency Act of 2025, the Secretary shall develop and
implement a cybersecurity incident response plan to
inform applicable personnel within the Department of
Health and Human Services of processes and protocols to
prepare for, and respond to, cybersecurity incidents
involving information, including hardware, software,
databases, and networks, used or maintained by, or on
behalf of, the Department, including strategies--
``(i) to assess cybersecurity risks;
``(ii) to prevent cybersecurity incidents;
``(iii) to detect and identify
cybersecurity incidents;
``(iv) to minimize damage in the event of a
cybersecurity incident;
``(v) to protect data; and
``(vi) to recover from any cybersecurity
incidents expeditiously.
``(B) Consultation.--In developing the plan under
subparagraph (A), the Secretary shall consult with the
Director of the Cybersecurity and Infrastructure
Security Agency, the Director of the Office of
Management and Budget, and the Director of the National
Institute of Standards and Technology, and relevant
experts, as appropriate.
``(C) Report.--Not later than 60 days before the
date on which the Secretary begins implementing the
plan under subparagraph (A), the Secretary shall submit
to the Committee on Health, Education, Labor, and
Pensions and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Energy and Commerce, the Committee on Oversight and
Reform, and the Committee on Homeland Security of the
House of Representatives a report that describes such
plan.''.
SEC. 6. BREACH REPORTING PORTAL.
(a) Updates to Breach Reporting Portal.--Section 13402 of the
HITECH Act (42 U.S.C. 17932) is amended by adding at the end the
following:
``(k) Updates to Regulations.--Not later than 1 year after the date
of enactment of the Health Care Cybersecurity and Resiliency Act of
2025, the Secretary shall update the regulations promulgated pursuant
to subsection (j) to require that information required to be publicly
displayed in the breach reporting portal established pursuant to this
section includes--
``(1) information on any corrective action taken against a
covered entity that provided notification of a breach under
this section;
``(2) information on whether and to what extent, as
appropriate, recognized security practices (as defined in
section 13412(b)(1)) were considered in the investigation of
such a breach; and
``(3) such additional information about such a breach as
the Secretary may require.''.
SEC. 7. CLARIFYING BREACH REPORTING OBLIGATIONS.
Section 13402(f) of the HITECH Act (42 U.S.C. 17932(f)) is amended
by adding at the end the following:
``(6) The number of individuals affected by the breach.''.
SEC. 8. ENHANCING RECOGNITION OF SECURITY PRACTICES.
(a) Recognized Security Practices.--Section 13412(b)(1) of the
HITECH Act (42 U.S.C. 17941(b)(1)) is amended, in the first sentence,
by inserting ``, investments,'' after ``other programs''.
(b) Guidance.--Not later than 1 year after the date of enactment of
this Act, the Secretary shall issue guidance on the implementation of
section 13412 of the HITECH Act (42 U.S.C. 17941), which shall
include--
(1) recognized security practices (as defined in subsection
(b)(1) of such section) that the Secretary may consider when
determining fines under such section;
(2) the extent to which such recognized security practices
should be in place for consideration by the Secretary; and
(3) procedural requirements or information that shall be
submitted by a covered entity or business associate (as such
terms are defined in section 13400 of the HITECH Act (42 U.S.C.
17921)) to the Secretary for consideration.
(c) Annual Report.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter, the Secretary shall
include in the annual report required under section 13424(a) of the
HITECH Act (42 U.S.C. 17953(a)) information on implementation of
section 13412 of such Act (42 U.S.C. 17941), including an accounting of
every case in which the Secretary considered recognized security
practices (as defined in subsection (b)(1) of such section) when
effectuating audits and assessing fines under such section.
SEC. 9. REQUIRED CYBERSECURITY STANDARDS.
(a) In General.--The Secretary shall update the privacy, security,
and breach notification regulations under parts 160 and 164 of title
45, Code of Federal Regulations (or any successor regulation) to
require covered entities and business associates to adopt the following
cybersecurity practices:
(1) Multifactor authentication, or a successor technology,
for access to any information systems that may include
protected health information.
(2) Safeguards to encrypt protected health information.
(3) Requirements to conduct audits, including penetration
testing, to maintain the protections of information systems.
(4) Other minimum cybersecurity standards, as determined by
the Secretary, in consultation with private sector entities,
based on landscape analysis of emerging and existing
cybersecurity vulnerabilities and consensus-based best
practices.
(b) Effective Dates.--The Secretary shall specify in the
regulations the effective date for each of the new requirements under
the regulations updated in accordance with subsection (a). Each such
effective date shall provide reasonable time for the entities subject
to the requirement to come into compliance.
SEC. 10. GUIDANCE ON RURAL CYBERSECURITY READINESS.
Section 405(d) of the Cybersecurity Act of 2015 (6 U.S.C. 1533(d))
(as amended by section 5(2)) is amended by adding at the end the
following:
``(5) Rural cybersecurity guidance.--
``(A) Definition of rural.--In this paragraph, the
term `rural' has the meaning given such term by the
Health Resources and Services Administration.
``(B) Guidance on rural cybersecurity readiness.--
Not later than 1 year after the date of enactment of
the Health Care Cybersecurity and Resiliency Act of
2025, the Secretary shall issue guidance to rural
entities on best practices to improve cyber readiness,
including strategies--
``(i) to improve cyber infrastructure,
including any technical safeguards to mitigate
cybersecurity risk;
``(ii) to integrate best practices issued
by the Secretary to improve cybersecurity
preparedness;
``(iii) to improve employee preparation to
mitigate any cybersecurity risks, including
existing public-private programs to support
educational initiatives; and
``(iv) to implement policies to facilitate
mandatory cybersecurity incident reporting
requirements under law.
``(C) GAO study and report.--
``(i) In general.--Not later than 3 years
after the date of enactment of the Health Care
Cybersecurity and Resiliency Act of 2025, the
Comptroller General of the United States shall
conduct, and submit to the Committee on Health,
Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the
House of Representatives a report that
describes the results of, a study to examine
how rural entities have implemented the
recommendations included in the guidance under
subparagraph (B).
``(ii) Requirements.--The study under
clause (i) shall assess--
``(I) how rural entities have
implemented any technical safeguards
and any challenges faced by such rural
entities in areas for which safeguards
were not implemented;
``(II) steps to further support
cyber resilience for rural entities;
``(III) areas to improve
coordination between Federal agencies,
including for the purposes of required
cyber reporting; and
``(IV) any opportunities to support
public-private collaboration in the
area of cyber readiness.''.
SEC. 11. GRANTS TO ENHANCE CYBERSECURITY IN THE HEALTH AND PUBLIC
HEALTH SECTORS.
Part P of title III of the Public Health Service Act (42 U.S.C.
280g et seq.) is amended by adding at the end the following:
``SEC. 399V-8. GRANTS.
``(a) In General.--The Secretary may award grants to eligible
entities for the adoption and use of cybersecurity best practices.
``(b) Eligible Entity.--To be eligible to receive a grant under
subsection (a) an entity shall be--
``(1) a public or nonprofit private health center
(including a Federally qualified health center (as defined in
section 1861(aa)(4) of the Social Security Act));
``(2) a health facility operated by or pursuant to a
contract with the Indian Health Service;
``(3) a hospital;
``(4) a cancer center;
``(5) a rural health clinic;
``(6) an academic health center; or
``(7) a nonprofit entity that enters into a partnership or
coordinates referrals with an entity described in any of
paragraphs (1) through (6).
``(c) Use of Funds.--In adopting and using cybersecurity best
practices pursuant to a grant under subsection (a), an eligible entity
may use grant funds--
``(1) to hire and train personnel in such cybersecurity
best practices;
``(2) to update electronic data systems, such as by
migrating to cloud based platforms;
``(3) to join and participate in health cybersecurity
threat information sharing organizations;
``(4) to reduce the use of legacy systems; and
``(5) to contract with third parties to assist with the
activities described in paragraphs (1) through (5).
``(d) Grant Period.--The Secretary may award a grant under this
section for a period of not more than 3 years.
``(e) Application.--An eligible entity seeking a grant under
subsection (a) shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
may require including, at a minimum a description of how the eligible
entity will establish baseline measures and benchmarks that meet the
Secretary's requirements to evaluate program outcomes.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as may be necessary
for each of fiscal years 2025 through 2030.''.
SEC. 12. HEALTHCARE CYBERSECURITY WORKFORCE.
(a) Training for Healthcare Experts.--The Secretary, in
coordination with the Cybersecurity State Coordinators of the Agency
and private sector health care experts, as appropriate, shall provide
training to Healthcare and Public Health Sector asset owners and
operators on--
(1) cybersecurity risks to information systems within the
Healthcare and Public Health Sector; and
(2) ways to mitigate the risks to information systems in
the Healthcare and Public Health Sector.
(b) Cross-Agency Educational Tools.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, acting through the
Administrator of the Health Resources and Services
Administration, in coordination with the Agency, shall develop
a strategic plan to support growing the cybersecurity workforce
for health care entities.
(2) Inclusions.--The strategic plan under paragraph (1)
shall include--
(A) recommendations for existing educational
programs that can be used to support cybersecurity
training;
(B) dissemination and development of educational
materials on how to improve cybersecurity resilience;
(C) development of best practices to train the
health care workforce on cybersecurity best practices;
and
(D) opportunities for public-private collaboration
to strengthen the cybersecurity workforce.
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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