[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3941 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
2d Session
H. R. 3941
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 10, 2020
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
AN ACT
To enhance the innovation, security, and availability of cloud
computing services used in the Federal Government by establishing the
Federal Risk and Authorization Management Program within the General
Services Administration and by establishing a risk management,
authorization, and continuous monitoring process to enable the Federal
Government to leverage cloud computing services using a risk-based
approach consistent with the Federal Information Security Modernization
Act of 2014 and cloud-based operations, 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 ``Federal Risk and Authorization
Management Program Authorization Act of 2019'' or the ``FedRAMP
Authorization Act''.
SEC. 2. CODIFICATION OF THE FEDRAMP PROGRAM.
(a) Amendment.--Chapter 36 of title 44, United States Code, is
amended by adding at the end the following new sections:
``Sec. 3607. Federal Risk and Authorization Management Program
``(a) Establishment.--There is established within the General
Services Administration the Federal Risk and Authorization Management
Program. The Administrator of General Services, in accordance with the
guidelines established pursuant to section 3612, shall establish a
governmentwide program that provides the authoritative standardized
approach to security assessment and authorization for cloud computing
products and services that process unclassified information used by
agencies.
``(b) Components of Fedramp.--The Joint Authorization Board and the
FedRAMP Program Management Office are established as components of
FedRAMP.
``Sec. 3608. FedRAMP Program Management Office
``(a) GSA Duties.--
``(1) Roles and responsibilities.--The Administrator of
General Services shall--
``(A) determine the categories and characteristics
of cloud computing information technology goods or
services that are within the jurisdiction of FedRAMP
and that require FedRAMP authorization from the Joint
Authorization Board or the FedRAMP Program Management
Office;
``(B) develop, coordinate, and implement a process
for the FedRAMP Program Management Office, the Joint
Authorization Board, and agencies to review security
assessments of cloud computing services pursuant to
subsections (b) and (c) of section 3611, and
appropriate oversight of continuous monitoring of cloud
computing services; and
``(C) ensure the continuous improvement of FedRAMP.
``(2) Implementation.--The Administrator shall oversee the
implementation of FedRAMP, including--
``(A) appointing a Program Director to oversee the
FedRAMP Program Management Office;
``(B) hiring professional staff as may be necessary
for the effective operation of the FedRAMP Program
Management Office, and such other activities as are
essential to properly perform critical functions;
``(C) entering into interagency agreements to
detail personnel on a reimbursable or non-reimbursable
basis to assist the FedRAMP Program Management Office
and the Joint Authorization Board in discharging the
responsibilities of the Office under this section; and
``(D) such other actions as the Administrator may
determine necessary to carry out this section.
``(b) Duties.--The FedRAMP Program Management Office shall have the
following duties:
``(1) Provide guidance to independent assessment
organizations, validate the independent assessments, and apply
the requirements and guidelines adopted in section 3609(c)(5).
``(2) Oversee and issue guidelines regarding the
qualifications, roles, and responsibilities of independent
assessment organizations.
``(3) Develop templates and other materials to support the
Joint Authorization Board and agencies in the authorization of
cloud computing services to increase the speed, effectiveness,
and transparency of the authorization process, consistent with
standards defined by the National Institute of Standards and
Technology.
``(4) Establish and maintain a public comment process for
proposed guidance before the issuance of such guidance by
FedRAMP.
``(5) Issue FedRAMP authorization for any authorizations to
operate issued by an agency that meets the requirements and
guidelines described in paragraph (1).
``(6) Establish frameworks for agencies to use
authorization packages processed by the FedRAMP Program
Management Office and Joint Authorization Board.
``(7) Coordinate with the Secretary of Defense and the
Secretary of Homeland Security to establish a framework for
continuous monitoring and reporting required of agencies
pursuant to section 3553.
``(8) Establish a centralized and secure repository to
collect and share necessary data, including security
authorization packages, from the Joint Authorization Board and
agencies to enable better sharing and reuse to such packages
across agencies.
``(c) Evaluation of Automation Procedures.--
``(1) In general.--The FedRAMP Program Management Office
shall assess and evaluate available automation capabilities and
procedures to improve the efficiency and effectiveness of the
issuance of provisional authorizations to operate issued by the
Joint Authorization Board and FedRAMP authorizations, including
continuous monitoring of cloud environments and among cloud
environments.
``(2) Means for automation.--Not later than 1 year after
the date of the enactment of this section and updated annually
thereafter, the FedRAMP Program Management Office shall
establish a means for the automation of security assessments
and reviews.
``(d) Metrics for Authorization.--The FedRAMP Program Management
Office shall establish annual metrics regarding the time and quality of
the assessments necessary for completion of a FedRAMP authorization
process in a manner that can be consistently tracked over time in
conjunction with the periodic testing and evaluation process pursuant
to section 3554 in a manner that minimizes the agency reporting burden.
``Sec. 3609. Joint Authorization Board
``(a) Establishment.--There is established the Joint Authorization
Board which shall consist of cloud computing experts, appointed by the
Director in consultation with the Administrator, from each of the
following:
``(1) The Department of Defense.
``(2) The Department of Homeland Security.
``(3) The General Services Administration.
``(4) Such other agencies as determined by the Director, in
consultation with the Administrator.
``(b) Issuance of Provisional Authorizations to Operate.--The Joint
Authorization Board shall conduct security assessments of cloud
computing services and issue provisional authorizations to operate to
cloud service providers that meet FedRAMP security guidelines set forth
in section 3608(b)(1).
``(c) Duties.--The Joint Authorization Board shall--
``(1) develop and make publicly available on a website,
determined by the Administrator, criteria for prioritizing and
selecting cloud computing services to be assessed by the Joint
Authorization Board;
``(2) provide regular updates on the status of any cloud
computing service during the assessment and authorization
process of the Joint Authorization Board;
``(3) review and validate cloud computing services and
independent assessment organization security packages or any
documentation determined to be necessary by the Joint
Authorization Board to evaluate the system security of a cloud
computing service;
``(4) in consultation with the FedRAMP Program Management
Office, serve as a resource for best practices to accelerate
the FedRAMP process;
``(5) establish requirements and guidelines for security
assessments of cloud computing services, consistent with
standards defined by the National Institute of Standards and
Technology, to be used by the Joint Authorization Board and
agencies;
``(6) perform such other roles and responsibilities as the
Administrator may assign, in consultation with the FedRAMP
Program Management Office and members of the Joint
Authorization Board; and
``(7) establish metrics and goals for reviews and
activities associated with issuing provisional authorizations
to operate and provide to the FedRAMP Program Management
Office.
``(d) Determinations of Demand for Cloud Computing Services.--The
Joint Authorization Board shall consult with the Chief Information
Officers Council established in section 3603 to establish a process for
prioritizing and accepting the cloud computing services to be granted a
provisional authorization to operate through the Joint Authorization
Board, which shall be made available on a public website.
``(e) Detail of Personnel.--To assist the Joint Authorization Board
in discharging the responsibilities under this section, personnel of
agencies may be detailed to the Joint Authorization Board for the
performance of duties described under subsection (c).
``Sec. 3610. Independent assessment organizations
``(a) Requirements for Accreditation.--The Joint Authorization
Board shall determine the requirements for certification of independent
assessment organizations pursuant to section 3609. Such requirements
may include developing or requiring certification programs for
individuals employed by the independent assessment organizations who
lead FedRAMP assessment teams.
``(b) Assessment.--Accredited independent assessment organizations
may assess, validate, and attest to the quality and compliance of
security assessment materials provided by cloud service providers.
``Sec. 3611. Roles and responsibilities of agencies
``(a) In General.--In implementing the requirements of FedRAMP, the
head of each agency shall, consistent with guidance issued by the
Director pursuant to section 3612--
``(1) create policies to ensure cloud computing services
used by the agency meet FedRAMP security requirements and other
risk-based performance requirements as defined by the Director;
``(2) issue agency-specific authorizations to operate for
cloud computing services in compliance with section 3554;
``(3) confirm whether there is a provisional authorization
to operate in the cloud security repository established under
section 3608(b)(10) issued by the Joint Authorization Board or
a FedRAMP authorization issued by the FedRAMP Program
Management Office before beginning an agency authorization for
a cloud computing product or service;
``(4) to the extent practicable, for any cloud computing
product or service the agency seeks to authorize that has
received either a provisional authorization to operate by the
Joint Authorization Board or a FedRAMP authorization by the
FedRAMP Program Management Office, use the existing assessments
of security controls and materials within the authorization
package; and
``(5) provide data and information required to the Director
pursuant to section 3612 to determine how agencies are meeting
metrics as defined by the FedRAMP Program Management Office.
``(b) Submission of Policies Required.--Not later than 6 months
after the date of the enactment of this section, the head of each
agency shall submit to the Director the policies created pursuant to
subsection (a)(1) for review and approval.
``(c) Submission of Authorizations To Operate Required.--Upon
issuance of an authorization to operate or a provisional authorization
to operate issued by an agency, the head of each agency shall provide a
copy of the authorization to operate letter and any supplementary
information required pursuant to section 3608(b) to the FedRAMP Program
Management Office.
``(d) Presumption of Adequacy.--
``(1) In general.--The assessment of security controls and
materials within the authorization package for provisional
authorizations to operate issued by the Joint Authorization
Board and agency authorizations to operate that receive FedRAMP
authorization from the FedRAMP Program Management Office shall
be presumed adequate for use in agency authorizations of cloud
computing products and services.
``(2) Information security requirements.--The presumption
under paragraph (1) does not modify or alter the responsibility
of any agency to ensure compliance with subchapter II of
chapter 35 for any cloud computing products or services used by
the agency.
``Sec. 3612. Roles and responsibilities of the Office of Management and
Budget
``The Director shall have the following duties:
``(1) Issue guidance to ensure that an agency does not
operate a Federal Government cloud computing service using
Government data without an authorization to operate issued by
the agency that meets the requirements of subchapter II of
chapter 35 and FedRAMP.
``(2) Ensure agencies are in compliance with any guidance
or other requirements issued related to FedRAMP.
``(3) Review, analyze, and update guidance on the adoption,
security, and use of cloud computing services used by agencies.
``(4) Ensure the Joint Authorization Board is in compliance
with section 3609(c).
``(5) Adjudicate disagreements between the Joint
Authorization Board and cloud service providers seeking a
provisional authorization to operate through the Joint
Authorization Board.
``(6) Promulgate regulations on the role of FedRAMP
authorization in agency acquisition of cloud computing products
and services that process unclassified information.
``Sec. 3613. Authorization of appropriations for FEDRAMP
``There is authorized to be appropriated $20,000,000 each year for
the FedRAMP Program Management Office and the Joint Authorization
Board.
``Sec. 3614. Reports to Congress
``Not later than 12 months after the date of the enactment of this
section, and annually thereafter, the Director shall submit to the
Committee on Oversight and Reform of the House of Representatives and
the Committee on Homeland Security and Governmental Affairs of the
Senate a report that includes the following:
``(1) The status, efficiency, and effectiveness of FedRAMP
Program Management Office and agencies during the preceding
year in supporting the speed, effectiveness, sharing, reuse,
and security of authorizations to operate for cloud computing
products and services, including progress towards meeting the
metrics adopted by the FedRAMP Program Management Office
pursuant to section 3608(d) and the Joint Authorization Board
pursuant to section 3609(c)(5).
``(2) Data on agency use of provisional authorizations to
operate issued by the Joint Authorization Board and agency
sponsored authorizations that receive FedRAMP authorization by
the FedRAMP Program Management Office.
``(3) The length of time for the Joint Authorization Board
to review applications for and issue provisional authorizations
to operate.
``(4) The length of time for the FedRAMP Program Management
Office to review agency applications for and issue FedRAMP
authorization.
``(5) The number of provisional authorizations to operate
issued by the Joint Authorization Board and FedRAMP
authorizations issued by the FedRAMP Program Management Office
for the previous year.
``(6) A review of progress made during the preceding year
in advancing automation techniques to securely automate FedRAMP
processes and to accelerate reporting as described in this
section.
``(7) The number and characteristics of authorized cloud
computing services in use at each agency consistent with
guidance provided by the Director in section 3612.
``Sec. 3615. Federal Secure Cloud Advisory Committee
``(a) Establishment, Purposes, and Duties.--
``(1) Establishment.--There is established a Federal Secure
Cloud Advisory Committee (referred to in this section as the
`Committee') to ensure effective and ongoing coordination of
agency adoption, use, authorization, monitoring, acquisition,
and security of cloud computing products and services to enable
agency mission and administrative priorities.
``(2) Purposes.--The purposes of the Committee are the
following:
``(A) To examine the operations of FedRAMP and
determine ways that authorization processes can
continuously be improved, including the following:
``(i) Measures to increase agency re-use of
provisional authorizations to operate issued by
the Joint Authorization Board.
``(ii) Proposed actions that can be adopted
to reduce the cost of provisional
authorizations to operate and FedRAMP
authorizations for cloud service providers.
``(iii) Measures to increase the number of
provisional authorizations to operate or
FedRAMP authorizations for cloud computing
services offered by small businesses (as
defined by section 3(a) of the Small Business
Act (15 U.S.C. 632(a)).
``(B) Collect information and feedback on agency
compliance with and implementation of FedRAMP
requirements.
``(C) Serve as a forum that facilitates
communication and collaboration among the FedRAMP
stakeholder community.
``(3) Duties.--The duties of the Committee are, at a
minimum, the following:
``(A) Provide advice and recommendations to the
Administrator, the Joint Authorization Board, and to
agencies on technical, financial, programmatic, and
operational matters regarding secure adoption of cloud
computing services.
``(B) Submit reports as required.
``(b) Members.--
``(1) Composition.--The Committee shall be comprised of not
more than 15 members who are qualified representatives from the
public and private sectors, appointed by the Administrator, in
consultation with the Administrator of the Office of Electronic
Government, as follows:
``(A) The Administrator or the Administrator's
designee, who shall be the Chair of the Committee.
``(B) At least one representative each from the
Cybersecurity and Infrastructure Security Agency and
the National Institute of Standards and Technology.
``(C) At least two officials who serve as the Chief
Information Security Officer within an agency, who
shall be required to maintain such a position
throughout the duration of their service on the
Committee.
``(D) At least one official serving as Chief
Procurement Officer (or equivalent) in an agency, who
shall be required to maintain such a position
throughout the duration of their service on the
Committee.
``(E) At least one individual representing an
independent assessment organization.
``(F) No fewer than five representatives from
unique businesses that primarily provide cloud
computing services or products, including at least two
representatives from a small business (as defined by
section 3(a) of the Small Business Act (15 U.S.C.
632(a))).
``(G) At least two other government representatives
as the Administrator determines to be necessary to
provide sufficient balance, insights, or expertise to
the Committee.
``(2) Deadline for appointment.--Each member of the
Committee shall be appointed not later than 30 days after the
date of the enactment of this Act.
``(3) Period of appointment; vacancies.--
``(A) In general.--Each non-Federal member of the
Committee shall be appointed for a term of 3 years,
except that the initial terms for members may be
staggered 1, 2, or 3 year terms to establish a rotation
in which one-third of the members are selected each
year. Any such member may be appointed for not more
than 2 consecutive terms.
``(B) Vacancies.--Any vacancy in the Committee
shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made.
Any member appointed to fill a vacancy occurring before
the expiration of the term for which the member's
predecessor was appointed shall be appointed only for
the remainder of that term. A member may serve after
the expiration of that member's term until a successor
has taken office.
``(c) Meetings and Rules of Procedures.--
``(1) Meetings.--The Committee shall hold not fewer than
three meetings in a calendar year, at such time and place as
determined by the Chair.
``(2) Initial meeting.--Not later than 120 days after the
date of the enactment of this section, the Committee shall meet
and begin the operations of the Committee.
``(3) Rules of procedure.--The Committee may establish
rules for the conduct of the business of the Committee, if such
rules are not inconsistent with this section or other
applicable law.
``(d) Employee Status.--
``(1) In general.--A member of the Committee (other than a
member who is appointed to the Committee in connection with
another Federal appointment) shall not be considered an
employee of the Federal Government by reason of any service as
such a member, except for the purposes of section 5703 of title
5, relating to travel expenses.
``(2) Pay not permitted.--A member of the Committee covered
by paragraph (1) may not receive pay by reason of service on
the panel.
``(e) Applicability to the Federal Advisory Committee Act.--
Notwithstanding any other provision of law, the Federal Advisory
Committee Act (5 U.S.C. App.) shall apply to the Committee, except that
section 14 of such Act shall not apply.
``(f) Hearings and Evidence.--The Committee, or on the authority of
the Committee, any subcommittee, may, for the purposes of carrying out
this section, hold hearings, sit and act at such times and places, take
testimony, receive evidence, and administer oaths.
``(g) Contracting.--The Committee, may, to such extent and in such
amounts as are provided in appropriation Acts, enter into contracts to
enable the Committee to discharge its duties under this section.
``(h) Information From Federal Agencies.--
``(1) In general.--The Committee is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of the Committee.
Each department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Committee, upon request made by the Chair, the Chair of any
subcommittee created by a majority of the Committee, or any
member designated by a majority of the Committee.
``(2) Receipt, handling, storage, and dissemination.--
Information may only be received, handled, stored, and
disseminated by members of the Committee and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
``(i) Detail of Employees.--Any Federal Government employee may be
detailed to the Committee without reimbursement from the Committee, and
such detailee shall retain the rights, status, and privileges of his or
her regular employment without interruption.
``(j) Postal Services.--The Committee may use the United States
mails in the same manner and under the same conditions as agencies.
``(k) Expert and Consultant Services.--The Committee is authorized
to procure the services of experts and consultants in accordance with
section 3109 of title 5, but at rates not to exceed the daily rate paid
a person occupying a position at Level IV of the Executive Schedule
under section 5315 of title 5.
``(l) Reports.--
``(1) Interim reports.--The Committee may submit to the
Administrator and Congress interim reports containing such
findings, conclusions, and recommendations as have been agreed
to by the Committee.
``(2) Annual reports.--Not later than 18 months after the
date of the enactment of this section, and annually thereafter,
the Committee shall submit to the Administrator and Congress a
final report containing such findings, conclusions, and
recommendations as have been agreed to by the Committee.
``Sec. 3616. Definitions
``(a) In General.--Except as provided under subsection (b), the
definitions under sections 3502 and 3552 apply to sections 3607 through
this section.
``(b) Additional Definitions.--In sections 3607 through this
section:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Authorization package.--The term `authorization
package'--
``(A) means the essential information used to
determine whether to authorize the operation of an
information system or the use of a designated set of
common controls; and
``(B) at a minimum, includes the information system
security plan, privacy plan, security control
assessment, privacy control assessment, and any
relevant plans of action and milestones.
``(3) Cloud computing.--The term `cloud computing' has the
meaning given that term by the National Institutes of Standards
and Technology in NIST Special Publication 800-145 and any
amendatory or superseding document thereto.
``(4) Cloud service provider.--The term `cloud service
provider' means an entity offering cloud computing services to
agencies.
``(5) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(6) Fedramp.--The term `FedRAMP' means the Federal Risk
and Authorization Management Program established under section
3607(a).
``(7) Fedramp authorization.--The term `FedRAMP
authorization' means a cloud computing product or service that
has received an agency authorization to operate and has been
approved by the FedRAMP Program Management Office to meet
requirements and guidelines established by the FedRAMP Program
Management Office.
``(8) Fedramp program management office.--The term `FedRAMP
Program Management Office' means the office that administers
FedRAMP established under section 3608.
``(9) Independent assessment organization.--The term
`independent assessment organization' means a third-party
organization accredited by the Program Director of the FedRAMP
Program Management Office to undertake conformity assessments
of cloud service providers.
``(10) Joint authorization board.--The term `Joint
Authorization Board' means the Joint Authorization Board
established under section 3609.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 36 of title 44, United States Code, is amended by adding at the
end the following new items:
``3607. Federal Risk and Authorization Management Program.
``3608. FedRAMP Program Management Office.
``3609. Joint Authorization Board.
``3610. Independent assessment organizations.
``3611. Roles and responsibilities of agencies.
``3612. Roles and responsibilities of the Office of Management and
Budget.
``3613. Authorization of appropriations for FEDRAMP.
``3614. Reports to Congress.
``3615. Federal Secure Cloud Advisory Committee.
``3616. Definitions.''.
(c) Sunset.--This Act and any amendment made by this Act shall be
repealed on the date that is 10 years after the date of the enactment
of this Act.
(d) Rule of Construction.--Nothing in this Act or any amendment
made by this Act shall be construed as altering or impairing the
authorities of the Director of the Office of Management and Budget or
the Secretary of Homeland Security under subchapter II of chapter 35 of
title 44, United States Code.
Passed the House of Representatives February 5, 2020.
Attest:
CHERYL L. JOHNSON,
Clerk.
FedRAMP Authorization Act
#3941 | HR Congress #116
Policy Area: Government Operations and Politics
Subjects: Administrative law and regulatory proceduresAdvisory bodiesComputer security and identity theftCongressional oversightGeneral Services AdministrationGovernment employee pay, benefits, personnel managementGovernment information and archivesGovernment studies and investigationsIntergovernmental relationsInternet and video servicesInternet, web applications, social mediaPublic participation and lobbying
Last Action: Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (2/10/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text