The term Federal information system means an information system used or operated by an agency, a contractor, an awardee, or another organization on behalf of an agency. received a FedRAMP provisional authorization to operate, as determined by the FedRAMP Board. Roles and responsibilities of agencies. To the extent practicable, the number of vulnerable devices or systems mitigated under the pilot program by the Agency during the preceding year. the disclosure policy of the agency for sensitive information; with respect to a report to an agency, describe, how the reporter should submit the report; and. Notwithstanding section 2245(a)(5) and paragraph (b)(2) of this section, if the Director determines, based on the information provided in response to a subpoena issued pursuant to subsection (c), that the facts relating to the cyber incident or ransom payment at issue may constitute grounds for a regulatory enforcement action or criminal prosecution, the Director may provide such information to the Attorney General or the head of the appropriate Federal regulatory agency, who may use such information for a regulatory enforcement action or criminal prosecution. 111. Principles for sharing security vulnerabilities. Where applicable, a description of the vulnerabilities, tactics, techniques, and procedures used to perpetrate the ransomware attack. According to data from the General Services Administration, as of the end of fiscal year 2021, there were 239 cloud providers with FedRAMP authorizations, and those authorizations had been reused more than 2,700 times across various agencies. in section 11319(b)(1), in the paragraph heading, by striking CIOS and inserting Chief Information Officers. UPDATE: Strengthening American Cybersecurity Act of 2022 Signed Into 651 et seq.) FACT SHEET: Biden-Harris Administration Delivers on Strengthening New Cybersecurity Law Will Require Cyber-Incident Reporting for Subject to the limitations described in subsection (b), the head of each agency shall provide any information relating to any incident affecting the agency, whether the information is obtained by the Federal Government directly or indirectly, to the Cybersecurity and Infrastructure Security Agency. the classification level of the information contained in the report. the Director from issuing guidance relating to notifications of major incidents or the head of an agency from providing more information than described in subsection (b) when notifying individuals potentially affected by breaches. as appropriate and pursuant to section 224(c) of the Cybersecurity Act of 2015 (6 U.S.C. Prohibition on use of information in regulatory actions. Identification of the most common vulnerabilities utilized in ransomware. the results of penetration testing performed by the Department of Homeland Security under section 3553(b)(9); the results of penetration testing performed under section 3559A; information provided to the agency through the vulnerability disclosure program of the agency under section 3559B; any other vulnerability information relating to agency systems that is known to the agency; assess the impacts of potential agency incidents to agency systems, data, and operations based on the evaluations described in clauses (ii) and (iv) and the agency systems identified under clause (iii); and. 102. 107. A report required under paragraph (1) shall include, in a manner that excludes or otherwise reasonably protects personally identifiable information and to the extent permitted by applicable law, including privacy and statistical laws. Our public interest mission means we will never put our service behind a paywall. improve the speed at which new cloud computing products and services can be securely authorized; enhance the ability of agencies to effectively evaluate FedRAMP authorized providers for reuse; reduce the costs and burdens to cloud providers seeking a FedRAMP authorization; and. The Federal Government, across multiple presidential administrations and Congresses, has continued to support the ability of agencies to move to the cloud, including through. Youve cast your vote. stipulate that, in determining whether an incident constitutes a major incident because that incident is any incident described in paragraph (1), the head of the agency shall consult with the National Cyber Director and may consult with the Director of the Cybersecurity and Infrastructure Security Agency. Amendments to subtitle III of title 40. assess the consequences of potential incidents occurring on agency systems that would impact systems at other agencies, including due to interconnectivity between different agency systems or operational reliance on the operations of the system or data in the system; in subparagraph (B), as so redesignated, in the matter preceding clause (i), by striking providing information and inserting using information from the assessment conducted under subparagraph (A), providing information; in clause (ii) by inserting binding before operational; and, in clause (vi), by striking and at the end; and, providing an update on the ongoing and continuous assessment performed under subparagraph (A), upon request, to the inspector general of the agency or the Comptroller General of the United States; and, on a periodic basis, as determined by guidance issued by the Director but not less frequently than annually, to, the Director of the Cybersecurity and Infrastructure Security Agency; and, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and not less frequently than once every 3 years, performing an evaluation of whether additional cybersecurity procedures are appropriate for securing a system of, or under the supervision of, the agency, which shall, be completed considering the agency system risk assessment performed under subparagraph (A); and. The term sensitive information has the meaning given the term by the Director in guidance issued under subsection (b). Sponsored by Gary Peters D-Mich. The term penetration test has the meaning given the term in section 3552(b) of title 44, United States Code, as amended by this title. In this section, the term covered metrics means the metrics established, reviewed, and updated under section 224(c) of the Cybersecurity Act of 2015 (6 U.S.C. a description of any steps the agency has completed, including progress toward achieving requirements issued by the Director, including the adoption of any models or reference architecture; an identification of activities that have not yet been completed and that would have the most immediate security impact; and. Effective on the date that is 10 years after the date of enactment of this Act, the table of sections for chapter 35 of title 44, United States Code, is amended by striking the item relating to section 3559B. Section 207(a) of the High-Performance Computing Act of 1991 (15 U.S.C. 105. This title may be cited as the Federal Information Security Modernization Act of 2022. 1522(c)); and, the total number of incidents of the agency; and. other competencies identified by the Director to support the secure authorization of cloud services and products. in consultation with the Secretary, develop, coordinate, and implement a process to support agency review, reuse, and standardization, where appropriate, of security assessments of cloud computing products and services, including, as appropriate, oversight of continuous monitoring of cloud computing products and services, pursuant to guidance issued by the Director pursuant to section 3614; establish processes and identify criteria consistent with guidance issued by the Director under section 3614 to make a cloud computing product or service eligible for a FedRAMP authorization and validate whether a cloud computing product or service has a FedRAMP authorization; develop and publish templates, best practices, technical assistance, and other materials to support the authorization of cloud computing products and services and increase the speed, effectiveness, and transparency of the authorization process, consistent with standards and guidelines established by the Director of the National Institute of Standards and Technology and relevant statutes; establish and update guidance on the boundaries of FedRAMP authorization packages to enhance the security and protection of Federal information and promote transparency for agencies and users as to which services are included in the scope of a FedRAMP authorization; grant FedRAMP authorizations to cloud computing products and services consistent with the guidance and direction of the FedRAMP Board; establish and maintain a public comment process for proposed guidance and other FedRAMP directives that may have a direct impact on cloud service providers and agencies before the issuance of such guidance or other FedRAMP directives; coordinate with the FedRAMP Board, the Director of the Cybersecurity and Infrastructure Security Agency, and other entities identified by the Administrator, with the concurrence of the Director and the Secretary, to establish and regularly update a framework for continuous monitoring under section 3553; provide a secure mechanism for storing and sharing necessary data, including FedRAMP authorization packages, to enable better reuse of such packages across agencies, including making available any information and data necessary for agencies to fulfill the requirements of section 3613; provide regular updates to applicant cloud service providers on the status of any cloud computing product or service during an assessment process; regularly review, in consultation with the FedRAMP Board, the costs associated with the independent assessment services described in section 3611; and. Reports made under paragraphs (1), (2), and (3) shall be made in the manner and form, and within the time period in the case of reports made under paragraph (3), prescribed in the final rule issued pursuant to subsection (b). To the greatest extent practicable, the guidance issued under subparagraph (A) shall allow contractors and awardees to use existing processes for notifying Federal agencies of incidents involving information of the Federal Government. Report on effectiveness of enforcement mechanisms. Noncompliance with required reporting. The pilot program established under subsection (a) shall, identify the most common security vulnerabilities utilized in ransomware attacks and mitigation techniques; and. Report on harmonization of reporting regulations, Not later than 180 days after the date on which the Secretary of Homeland Security convenes the Cyber Incident Reporting Council described in section 2246 of the Homeland Security Act of 2002, as added by section 203 of this title, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report that includes. GovTrack.us is not a government website. Not later than 540 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall establish a program to provide ongoing, hypothesis-driven threat-hunting services on the network of each agency. PDF TH D CONGRESS SESSION S. ll - Senate On annual basis, the Director may exempt any agency from the reporting structure requirements under subsection (d). Ike Skelton National Defense Authorization Act for Fiscal Year 2011, The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111383) is amended. the scope and scale of incidents within the environments and systems of an agency; are common across the Federal Government; or, agency response, recovery, and remediation actions and the effectiveness of those actions; and. Not later than 1 year after the date of enactment of this Act, the Director shall establish a ransomware vulnerability warning pilot program to leverage existing authorities and technology to specifically develop processes and procedures for, and to dedicate resources to, identifying information systems that contain security vulnerabilities associated with common ransomware attacks, and to notify the owners of those vulnerable systems of their security vulnerability. Within a reasonable amount of time, but not later than 30 days after the date on which an agency submits a written report under subsection (a), the head of the agency shall provide to the appropriate reporting entities written updates, which may include classified annexes, on the major incident and, to the extent practicable, provide a briefing, which may include a classified component, to the congressional committees described in subsection (a)(1), including summaries of. Extension of Chief Data Officer Council. 2246. Each notice of a breach provided to an individual under subsection (a)(2) shall include. 106. Required reporting of certain cyber incidents. Section 2315 of title 10, United States Code, is amended by striking section 3552(b)(6) and inserting section 3552(b). A review of progress made during the preceding year in advancing automation techniques to securely automate FedRAMP processes and to accelerate reporting under this section. Quantitative cybersecurity metrics. Not later than 3 years after the date on which the first budget of the President is submitted to Congress containing the validation required under section 1105(a)(35)(A)(i)(V) of title 31, United States Code, as amended by paragraph (3), the Comptroller General of the United States shall submit to the appropriate congressional committees a report that includes. cybersecurity threats facing agencies, including any specific threats to the assigned agency; performing risk assessments of agency systems; and, The duties of each advisor assigned under subsection (a) shall include. Effective on the date that is 10 years after the date of enactment of this Act, subchapter II of chapter 35 of title 44, United States Code, is amended by striking section 3559B. 1. An exemption granted under paragraph (2) shall not apply to any version of a report submitted to the appropriate reporting entities under subsection (b). The term Information Sharing and Analysis Organization has the meaning given the term in section 2222. has the meaning given the term in section 3502 of title 44, United States Code; and. 3609. Federal Risk and Authorization Management Program. coordinate with appropriate Federal partners and regulatory authorities that receive reports relating to incidents to identify opportunities to streamline reporting processes, and where feasible, facilitate interagency agreements between such authorities to permit the sharing of such reports, consistent with applicable law and policy, without impacting the ability of the Agency to gain timely situational awareness of a covered cyber incident or ransom payment. But it's not the only law being considered. Sec. If a covered entity impacted by a ransomware attack uses a third party to make a ransom payment, the third party shall not be required to submit a ransom payment report for itself under subsection (a)(2).
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