```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1668 Enrolled Bill (ENR)]

        H.R.1668

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
            the third day of January, two thousand and twenty

                                 An Act

 
 To establish minimum security standards for Internet of Things devices 
 owned or controlled by the Federal Government, 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 ``Internet of Things Cybersecurity 
Improvement Act of 2020'' or the ``IoT Cybersecurity Improvement Act of 
2020''.
SEC. 2. SENSE OF CONGRESS.
    It is the sense of Congress that--
        (1) ensuring the highest level of cybersecurity at agencies in 
    the executive branch is the responsibility of the President, 
    followed by the Director of the Office of Management and Budget, 
    the Secretary of Homeland Security, and the head of each such 
    agency;
        (2) this responsibility is to be carried out by working 
    collaboratively within and among agencies in the executive branch, 
    industry, and academia;
        (3) the strength of the cybersecurity of the Federal Government 
    and the positive benefits of digital technology transformation 
    depend on proactively addressing cybersecurity throughout the 
    acquisition and operation of Internet of Things devices by the 
    Federal Government; and
        (4) consistent with the second draft National Institute for 
    Standards and Technology Interagency or Internal Report 8259 titled 
    ``Recommendations for IoT Device Manufacturers: Foundational 
    Activities and Core Device Cybersecurity Capability Baseline'', 
    published in January 2020, Internet of Things devices are devices 
    that--
            (A) have at least one transducer (sensor or actuator) for 
        interacting directly with the physical world, have at least one 
        network interface, and are not conventional Information 
        Technology devices, such as smartphones and laptops, for which 
        the identification and implementation of cybersecurity features 
        is already well understood; and
            (B) can function on their own and are not only able to 
        function when acting as a component of another device, such as 
        a processor.
SEC. 3. DEFINITIONS.
    In this Act:
        (1) Agency.--The term ``agency'' has the meaning given that 
    term in section 3502 of title 44, United States Code.
        (2) Director of omb.--The term ``Director of OMB'' means the 
    Director of the Office of Management and Budget.
        (3) Director of the institute.--The term ``Director of the 
    Institute'' means the Director of the National Institute of 
    Standards and Technology.
        (4) Information system.--The term ``information system'' has 
    the meaning given that term in section 3502 of title 44, United 
    States Code.
        (5) National security system.--The term ``national security 
    system'' has the meaning given that term in section 3552(b)(6) of 
    title 44, United States Code.
        (6) Operational technology.--The term ``operational 
    technology'' means hardware and software that detects or causes a 
    change through the direct monitoring or control of physical 
    devices, processes, and events in the enterprise.
        (7) Secretary.--The term ``Secretary'' means the Secretary of 
    Homeland Security.
        (8) Security vulnerability.--The term ``security 
    vulnerability'' has the meaning given that term in section 102(17) 
    of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 
    1501(17)).
SEC. 4. SECURITY STANDARDS AND GUIDELINES FOR AGENCIES ON USE AND 
MANAGEMENT OF INTERNET OF THINGS DEVICES.
    (a) National Institute of Standards and Technology Development of 
Standards and Guidelines for Use of Internet of Things Devices by 
Agencies.--
        (1) In general.--Not later than 90 days after the date of the 
    enactment of this Act, the Director of the Institute shall develop 
    and publish under section 20 of the National Institute of Standards 
    and Technology Act (15 U.S.C. 278g-3) standards and guidelines for 
    the Federal Government on the appropriate use and management by 
    agencies of Internet of Things devices owned or controlled by an 
    agency and connected to information systems owned or controlled by 
    an agency, including minimum information security requirements for 
    managing cybersecurity risks associated with such devices.
        (2) Consistency with ongoing efforts.--The Director of the 
    Institute shall ensure that the standards and guidelines developed 
    under paragraph (1) are consistent with the efforts of the National 
    Institute of Standards and Technology in effect on the date of the 
    enactment of this Act--
            (A) regarding--
                (i) examples of possible security vulnerabilities of 
            Internet of Things devices; and
                (ii) considerations for managing the security 
            vulnerabilities of Internet of Things devices; and
            (B) with respect to the following considerations for 
        Internet of Things devices:
                (i) Secure Development.
                (ii) Identity management.
                (iii) Patching.
                (iv) Configuration management.
        (3) Considering relevant standards.--In developing the 
    standards and guidelines under paragraph (1), the Director of the 
    Institute shall consider relevant standards, guidelines, and best 
    practices developed by the private sector, agencies, and public-
    private partnerships.
    (b) Review of Agency Information Security Policies and 
Principles.--
        (1) Requirement.--Not later than 180 days after the date on 
    which the Director of the Institute completes the development of 
    the standards and guidelines required under subsection (a), the 
    Director of OMB shall review agency information security policies 
    and principles on the basis of the standards and guidelines 
    published under subsection (a) pertaining to Internet of Things 
    devices owned or controlled by agencies (excluding agency 
    information security policies and principles pertaining to Internet 
    of Things of devices owned or controlled by agencies that are or 
    comprise a national security system) for consistency with the 
    standards and guidelines submitted under subsection (a) and issue 
    such policies and principles as may be necessary to ensure those 
    policies and principles are consistent with such standards and 
    guidelines.
        (2) Review.--In reviewing agency information security policies 
    and principles under paragraph (1) and issuing policies and 
    principles under such paragraph, as may be necessary, the Director 
    of OMB shall--
            (A) consult with the Director of the Cybersecurity and 
        Infrastructure Security Agency of the Department of Homeland 
        Security; and
            (B) ensure such policies and principles are consistent with 
        the information security requirements under subchapter II of 
        chapter 35 of title 44, United States Code.
        (3) National security systems.--Any policy or principle issued 
    by the Director of OMB under paragraph (1) shall not apply to 
    national security systems.
    (c) Quinquennial Review and Revision.--
        (1) Review and revision of nist standards and guidelines.--Not 
    later than 5 years after the date on which the Director of the 
    Institute publishes the standards and guidelines under subsection 
    (a), and not less frequently than once every 5 years thereafter, 
    the Director of the Institute, shall--
            (A) review such standards and guidelines; and
            (B) revise such standards and guidelines as appropriate.
        (2) Updated omb policies and principles for agencies.--Not 
    later than 180 days after the Director of the Institute makes a 
    revision pursuant to paragraph (1), the Director of OMB, in 
    consultation with the Director of the Cybersecurity and 
    Infrastructure Security Agency of the Department of Homeland 
    Security, shall update any policy or principle issued under 
    subsection (b)(1) as necessary to ensure those policies and 
    principles are consistent with the review and any revision under 
    paragraph (1) under this subsection and paragraphs (2) and (3) of 
    subsection (b).
    (d) Revision of Federal Acquisition Regulation.--The Federal 
Acquisition Regulation shall be revised as necessary to implement any 
standards and guidelines promulgated in this section.
SEC. 5. GUIDELINES ON THE DISCLOSURE PROCESS FOR SECURITY 
VULNERABILITIES RELATING TO INFORMATION SYSTEMS, INCLUDING INTERNET OF 
THINGS DEVICES.
    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Director of the Institute, in consultation 
with such cybersecurity researchers and private sector industry experts 
as the Director considers appropriate, and in consultation with the 
Secretary, shall develop and publish under section 20 of the National 
Institute of Standards and Technology Act (15 U.S.C. 278g-3) 
guidelines--
        (1) for the reporting, coordinating, publishing, and receiving 
    of information about--
            (A) a security vulnerability relating to information 
        systems owned or controlled by an agency (including Internet of 
        Things devices owned or controlled by an agency); and
            (B) the resolution of such security vulnerability; and
        (2) for a contractor providing to an agency an information 
    system (including an Internet of Things device) and any 
    subcontractor thereof at any tier providing such information system 
    to such contractor, on--
            (A) receiving information about a potential security 
        vulnerability relating to the information system; and
            (B) disseminating information about the resolution of a 
        security vulnerability relating to the information system.
    (b) Elements.--The guidelines published under subsection (a) 
shall--
        (1) to the maximum extent practicable, be aligned with industry 
    best practices and Standards 29147 and 30111 of the International 
    Standards Organization (or any successor standard) or any other 
    appropriate, relevant, and widely-used standard;
        (2) incorporate guidelines on--
            (A) receiving information about a potential security 
        vulnerability relating to an information system owned or 
        controlled by an agency (including an Internet of Things 
        device); and
            (B) disseminating information about the resolution of a 
        security vulnerability relating to an information system owned 
        or controlled by an agency (including an Internet of Things 
        device); and
        (3) be consistent with the policies and procedures produced 
    under section 2009(m) of the Homeland Security Act of 2002 (6 
    U.S.C. 659(m)).
    (c) Information Items.--The guidelines published under subsection 
(a) shall include example content, on the information items that should 
be reported, coordinated, published, or received pursuant to this 
section by a contractor, or any subcontractor thereof at any tier, 
providing an information system (including Internet of Things device) 
to the Federal Government.
    (d) Oversight.--The Director of OMB shall oversee the 
implementation of the guidelines published under subsection (a).
    (e) Operational and Technical Assistance.--The Secretary, in 
consultation with the Director of OMB, shall administer the 
implementation of the guidelines published under subsection (a) and 
provide operational and technical assistance in implementing such 
guidelines.
SEC. 6. IMPLEMENTATION OF COORDINATED DISCLOSURE OF SECURITY 
VULNERABILITIES RELATING TO AGENCY INFORMATION SYSTEMS, INCLUDING 
INTERNET OF THINGS DEVICES.
    (a) Agency Guidelines Required.--Not later than 2 years after the 
date of the enactment of this Act, the Director of OMB, in consultation 
with the Secretary, shall develop and oversee the implementation of 
policies, principles, standards, or guidelines as may be necessary to 
address security vulnerabilities of information systems (including 
Internet of Things devices).
    (b) Operational and Technical Assistance.--Consistent with section 
3553(b) of title 44, United States Code, the Secretary, in consultation 
with the Director of OMB, shall provide operational and technical 
assistance to agencies on reporting, coordinating, publishing, and 
receiving information about security vulnerabilities of information 
systems (including Internet of Things devices).
    (c) Consistency With Guidelines From National Institute of 
Standards and Technology.--The Secretary shall ensure that the 
assistance provided under subsection (b) is consistent with applicable 
standards and publications developed by the Director of the Institute.
    (d) Revision of Federal Acquisition Regulation.--The Federal 
Acquisition Regulation shall be revised as necessary to implement the 
provisions under this section.
SEC. 7. CONTRACTOR COMPLIANCE WITH COORDINATED DISCLOSURE OF SECURITY 
VULNERABILITIES RELATING TO AGENCY INTERNET OF THINGS DEVICES.
    (a) Prohibition on Procurement and Use.--
        (1) In general.--The head of an agency is prohibited from 
    procuring or obtaining, renewing a contract to procure or obtain, 
    or using an Internet of Things device, if the Chief Information 
    Officer of that agency determines during a review required by 
    section 11319(b)(1)(C) of title 40, United States Code, of a 
    contract for such device that the use of such device prevents 
    compliance with the standards and guidelines developed under 
    section 4 or the guidelines published under section 5 with respect 
    to such device.
        (2) Simplified acquisition threshold.--Notwithstanding section 
    1905 of title 41, United States Code, the requirements under 
    paragraph (1) shall apply to a contract or subcontract in amounts 
    not greater than the simplified acquisition threshold.
    (b) Waiver.--
        (1) Authority.--The head of an agency may waive the prohibition 
    under subsection (a)(1) with respect to an Internet of Things 
    device if the Chief Information Officer of that agency determines 
    that--
            (A) the waiver is necessary in the interest of national 
        security;
            (B) procuring, obtaining, or using such device is necessary 
        for research purposes; or
            (C) such device is secured using alternative and effective 
        methods appropriate to the function of such device.
        (2) Agency process.--The Director of OMB shall establish a 
    standardized process for the Chief Information Officer of each 
    agency to follow in determining whether the waiver under paragraph 
    (1) may be granted.
    (c) Reports to Congress.--
        (1) Report.--Every 2 years during the 6-year period beginning 
    on the date of the enactment of this Act, the Comptroller General 
    of the United States shall submit to the Committee on Oversight and 
    Reform of the House of Representatives, the Committee on Homeland 
    Security of the House of Representatives, and the Committee on 
    Homeland Security and Governmental Affairs of the Senate a report--
            (A) on the effectiveness of the process established under 
        subsection (b)(2);
            (B) that contains recommended best practices for the 
        procurement of Internet of Things devices; and
            (C) that lists--
                (i) the number and type of each Internet of Things 
            device for which a waiver under subsection (b)(1) was 
            granted during the 2-year period prior to the submission of 
            the report; and
                (ii) the legal authority under which each such waiver 
            was granted, such as whether the waiver was granted 
            pursuant to subparagraph (A), (B), or (C) of such 
            subsection.
        (2) Classification of report.--Each report submitted under this 
    subsection shall be submitted in unclassified form, but may include 
    a classified annex that contains the information described under 
    paragraph (1)(C).
    (d) Effective Date.--The prohibition under subsection (a)(1) shall 
take effect 2 years after the date of the enactment of this Act.
SEC. 8. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CYBERSECURITY 
CONSIDERATIONS STEMMING FROM THE CONVERGENCE OF INFORMATION TECHNOLOGY, 
INTERNET OF THINGS, AND OPERATIONAL TECHNOLOGY DEVICES, NETWORKS, AND 
SYSTEMS.
    (a) Briefing.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall provide a briefing to the Committee on Oversight and Reform of 
the House of Representatives, the Committee on Homeland Security of the 
House of Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate on broader Internet of Things 
efforts, including projects designed to assist in managing potential 
security vulnerabilities associated with the use of traditional 
information technology devices, networks, and systems with--
        (1) Internet of Things devices, networks, and systems; and
        (2) operational technology devices, networks, and systems.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Comptroller General shall submit a report to the 
Committee on Oversight and Reform of the House of Representatives, the 
Committee on Homeland Security of the House of Representatives, and the 
Committee on Homeland Security and Governmental Affairs of the Senate 
on broader Internet of Things efforts addressed in subsection (a).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```