NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017

Bill: 115-hr-1224
Sponsor: full_name: Rep. Abraham, Ralph Lee [R-LA-5]
Introduced: 2017-02-27
Policy area: Science, Technology, Communications
Subjects: Accounting and auditing

Computer security and identity theft

Department of Commerce

Government information and archives

Government studies and investigations

Performance measurement

Public-private cooperation

Technology assessment
Latest action: action_date: 2017-10-31
text: Placed on the Union Calendar, Calendar No. 276.

Summaries:
action_date: 2017-02-27
action_desc: Introduced in House
text: <p><b>NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017</b></p> <p>This bill amends the National Institute of Standards and Technology Act to require the National Institute of Standards and Technology (NIST), in developing standards for information systems, to emphasize the principle that expanding cybersecurity threats require: (1) engineering security from the beginning of a system's life cycle, (2) building more trustworthy and secure components and systems from the start, and (3) applying well-defined security design principles throughout systems.</p> <p>NIST must provide guidance for agencies to incorporate into their information security risk management efforts the Framework for Improving Critical Infrastructure Cybersecurity, which was prepared by NIST with input from the private sector in response to an executive order.</p> <p>NIST must chair a federal working group and establish a public-private working group to coordinate the development of metrics and tools to measure the effectiveness of the cybersecurity framework for: (1) federal agencies protecting their information and information systems, and (2) private entities voluntarily analyzing their individual corporate risks.</p> <p>The public-private working group must provide information voluntarily submitted by private entities to NIST and other private entities to improve the cybersecurity framework and enable private entities to use the framework more effectively. </p> <p>The federal working group and the public-private working group must assist the Office of Science and Technology Policy (OSTP) in publishing annual reports on agency and industry framework adoption rates.</p> <p>NIST must initiate an individual cybersecurity audit of certain agencies to assess the extent to which they meet information security standards. NIST must report on the audit of each agency to: (1) the Office of Management and Budget, (2) the OSTP, (3) the Government Accountability Office, (4) the agency being audited and its inspector general, and (5) Congress.</p>

action_date: 2017-10-31
action_desc: Reported to House with amendment(s)
text: <p><b>NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017</b></p> <p>(Sec. 2) This bill amends the National Institute of Standards and Technology Act to require the National Institute of Standards and Technology (NIST), in developing standards for information systems, to emphasize the principle that expanding cybersecurity threats require: (1) engineering security from the beginning of a system's life cycle, (2) building more trustworthy and secure components and systems from the start, and (3) applying well-defined security design principles throughout systems.</p> <p>(Sec. 3) NIST must provide guidance for agencies to incorporate into their information security risk management efforts the Framework for Improving Critical Infrastructure Cybersecurity (Framework). Such guidance shall:</p> <ul> <li>describe how the Framework aligns or augments existing agency practices; </li> <li>identify any areas of conflict or overlap between the Framework and existing cybersecurity requirements; </li> <li>include a template for federal agencies on how to use the Framework and recommend procedures for streamlining and harmonizing existing and future cybersecurity-related requirements; </li> <li>recommend other procedures for compliance with cybersecurity reporting, oversight, and policy review; and </li> <li>be updated to reflect what NIST learns from ongoing research, cybersecurity audits, information compiled by the federal working group, and annual reports.</li></ul> <p>NIST must chair a federal working group to coordinate the development of metrics and tools to measure the effectiveness of the Framework for federal agencies protecting their information and information systems.</p> <p>The federal working group must assist the Office of Management and Budget (OMB) and Office of Science and Technology Policy (OSTP) in publishing annual reports on agency adoption rates and the effectiveness of the Framework.</p> <p>NIST must initiate an individual cybersecurity audit of certain agencies to assess the extent to which&nbsp;each agency&nbsp;meets information security standards. NIST shall prepare a needs-based plan for the audits that includes: (1) a description of staffing plans, (2) workforce capabilities, (3) methods of conducting such audits, (4) coordination with agencies to support such audits, (5) expected timeframe for the completion of the audits, and (6) other relevant information.</p> <p>NIST must report on the audit of each agency to: (1) OMB, (2) the OSTP, (3) the Government Accountability Office, (4) the agency being audited and its inspector general, and (5) Congress.</p>

tv_txt: I 115th CONGRESS 1st Session H. R. 1224 IN THE HOUSE OF REPRESENTATIVES February 27, 2017 Mr. Abraham (for himself, Mr. Smith of Texas , Mr. Lucas , Mrs. Comstock , and Mr. Knight ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To amend the National Institute of Standards and Technology Act to implement a framework, assessment, and audits for improving United States cybersecurity.

1. Short title This Act may be cited as the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 . 2. NIST mission to address cybersecurity threats Section 20(a)(1) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(a)(1) ) is amended by inserting , emphasizing the principle that expanding cybersecurity threats require engineering security from the beginning of an information system’s life cycle, building more trustworthy and secure components and systems from the start, and applying well-defined security design principles throughout before the semicolon. 3. Implementation of Cybersecurity Framework The National Institute of Standards and Technology Act ( 15 U.S.C. 271 et seq.) is amended by inserting after section 20 the following: 20A. Framework for Improving Critical Infrastructure Cybersecurity (a) Implementation by Federal agencies (1) In general The Institute shall promote the implementation by Federal agencies of the Framework for Improving Critical Infrastructure Cybersecurity (in this section and section 20B referred to as the Framework ) by providing to the Office of Management and Budget, the Office of Science and Technology Policy, and all other Federal agencies, not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , guidance that Federal agencies may use to incorporate the Framework into their information security risk management efforts, including practices related to compliance with chapter 35 of title 44, United States Code, and any other applicable Federal law. (2) Guidance The guidance required under paragraph (1) shall— (A) describe how the Framework aligns with or augments existing agency practices related to compliance with chapter 35 of title 44, United States Code, and any other applicable Federal law; (B) identify any areas of conflict or overlap between the Framework and existing cybersecurity requirements, including gap areas where additional policies, standards, guidelines, or programs may be needed to encourage Federal agencies to use the Framework and improve the ability of Federal agencies to manage cybersecurity risk; (C) include a template for Federal agencies on how to use the Framework, and recommend procedures for streamlining and harmonizing existing and future cybersecurity-related requirements, in support of the goal of using the Framework to supplant Federal agency practices in compliance with chapter 35 of title 44, United States Code; (D) recommend other procedures for compliance with cybersecurity reporting, oversight, and policy review and creation requirements under such chapter 35 and any other applicable Federal law; and (E) be updated, as the Institute considers necessary, to reflect what the Institute learns from ongoing research, the audits conducted pursuant to section 20B(b), the information compiled by the Federal working group established pursuant to paragraph (3), the information compiled by the public-private working group established pursuant to subsection (b)(1), the annual reports published pursuant to paragraph (4), and the annual reports published pursuant to subsection (b)(2). (3) Federal working group Not later than 3 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , the Institute shall establish and chair a working group (in this section referred to as the Federal working group ), including representatives of the Office of Science and Technology Policy and other appropriate Federal agencies, which shall— (A) not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , develop outcome-based and quantifiable metrics, in coordination with the public-private working group established pursuant to subsection (b), to help Federal agencies in their analysis and assessment of the effectiveness of the Framework in protecting their information and information systems; (B) update such metrics as the Federal working group considers necessary; (C) compile information from Federal agencies on their use of the Framework and the results of the analysis and assessment described in subparagraph (A); and (D) assist the Office of Science and Technology Policy in publishing the annual report required under paragraph (4). (4) Report The Office of Science and Technology Policy shall develop and make publicly available an annual report on agency adoption rates and the effectiveness of the Framework. In preparing such report, the Office shall use the information compiled by the Federal working group pursuant to paragraph (3)(C). (b) Implementation by private entities (1) Public-private working group Not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , the Institute shall, in coordination with industry stakeholders, establish a working group (in this section referred to as the public-private working group ) which shall— (A) not later than 1 year after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , develop specific Framework implementation models and measurement tools that private entities can use to adopt the Framework; (B) not later than 1 year after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , develop, in coordination with the Federal working group, industry-led, consensus and outcome-based metrics that quantify the effectiveness and benefits of the Framework to enable private entities to voluntarily analyze and assess their individual corporate cybersecurity risks; (C) update the models and tools developed pursuant to subparagraph (A) and the metrics developed pursuant to subparagraph (B), as the public-private working group considers necessary; (D) compile information, derived from the metrics developed pursuant to subparagraph (B), voluntarily submitted by private entities on their use of the Framework and on the effectiveness and benefits of such use; (E) analyze the information compiled pursuant to subparagraph (D) and provide such information and analysis to— (i) the Institute, for the purpose of enabling the Institute to make improvements to the Framework; and (ii) private entities, for the purpose of providing such entities with a greater understanding of the benefits of the Framework to enable them to use the Framework more effectively to improve their cybersecurity; and (F) assist the Office of Science and Technology Policy in publishing the annual report required under paragraph (2). (2) Report The Office of Science and Technology Policy shall develop and make publicly available an annual report on industry adoption rates and the effectiveness of the Framework. In preparing such report, the Office shall use information compiled by the public-private working group pursuant to paragraph (1)(D). 20B. Cybersecurity audits (a) Initial assessment (1) Requirement Not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , the Institute shall complete an initial assessment of the cybersecurity preparedness of the agencies described in paragraph (2). Such assessment shall be based on information security standards developed under section 20, and may also be informed by work done or reports published by other Federal agencies or officials. (2) Agencies The agencies referred to in paragraph (1) are the agencies referred to in section 901(b) of title 31, United States Code, and any other agency that has reported a major incident (as defined in the Office of Management and Budget Memorandum—16–03, published on October 30, 2015, or any successor document). (3) National security systems The requirement under paragraph (1) shall not apply to national security systems (as defined in section 3552(b) of title 44, United States Code). (b) Audits (1) Requirement Not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , the Institute shall initiate an individual cybersecurity audit of each agency described in subsection (a)(2), to assess the extent to which the agency is meeting the information security standards developed under section 20. (2) Relation to Framework Audits conducted under this subsection shall— (A) to the extent applicable and available, be informed by the report on agency adoption rates and the effectiveness of the Framework described in section 20A(a)(4); and (B) if the agency is required by law or Executive order to adopt the Framework, be based on the guidance described in section 20A(a)(2) and metrics developed under section 20A(a)(3)(A). (3) Schedule The Institute shall establish a schedule for completion of audits under this subsection to ensure that— (A) audits of agencies whose information security risk is high, based on the assessment conducted under subsection (a), are completed not later than 1 year after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , and are audited annually thereafter; and (B) audits of all other agencies described in subsection (a)(2) are completed not later than 2 years after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , and are audited biennially thereafter. (4) Report A report of each audit conducted under this subsection shall be transmitted by the Institute to— (A) the Office of Management and Budget; (B) the Office of Science and Technology Policy; (C) the Government Accountability Office; (D) the agency being audited; (E) the Inspector General of such agency, if there is one; and (F) Congress, including the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. .

tv_txt: IB Union Calendar No. 276 115th CONGRESS 1st Session H. R. 1224 [Report No. 115–376] IN THE HOUSE OF REPRESENTATIVES February 27, 2017 Mr. Abraham (for himself, Mr. Smith of Texas , Mr. Lucas , Mrs. Comstock , and Mr. Knight ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology October 31, 2017 Additional sponsor: Mr. Sessions October 31, 2017 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on February 27, 2017 A BILL To amend the National Institute of Standards and Technology Act to implement a framework, assessment, and audits for improving United States cybersecurity.

1. Short title This Act may be cited as the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 . 2. NIST mission to address cybersecurity threats Section 20(a)(1) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(a)(1) ) is amended by inserting , emphasizing the principle that expanding cybersecurity threats require engineering security from the beginning of an information system’s life cycle, building more trustworthy and secure components and systems from the start, and applying well-defined security design principles throughout before the semicolon. 3. Implementation of Cybersecurity Framework The National Institute of Standards and Technology Act ( 15 U.S.C. 271 et seq.) is amended by inserting after section 20 the following: 20A. Framework for Improving Critical Infrastructure Cybersecurity (a) Implementation by Federal agencies The Institute shall promote the implementation by Federal agencies of the Framework for Improving Critical Infrastructure Cybersecurity (in this section and section 20B referred to as the Framework ) by providing to the Office of Management and Budget, the Office of Science and Technology Policy, and all other Federal agencies, not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , guidance that Federal agencies may use to incorporate the Framework into their information security risk management efforts, including practices related to compliance with chapter 35 of title 44, United States Code, and any other applicable Federal law. (b) Guidance The guidance required under subsection (a) shall— (1) describe how the Framework aligns with or augments existing agency practices related to compliance with chapter 35 of title 44, United States Code, and any other applicable Federal law; (2) identify any areas of conflict or overlap between the Framework and existing cybersecurity requirements, including gap areas where additional policies, standards, guidelines, or programs may be needed to encourage Federal agencies to use the Framework and improve the ability of Federal agencies to manage cybersecurity risk; (3) include a template for Federal agencies on how to use the Framework, and recommend procedures for streamlining and harmonizing existing and future cybersecurity-related requirements, in support of the goal of using the Framework to supplant Federal agency practices in compliance with chapter 35 of title 44, United States Code; (4) recommend other procedures for compliance with cybersecurity reporting, oversight, and policy review and creation requirements under such chapter 35 and any other applicable Federal law; and (5) be updated, as the Institute considers necessary, to reflect what the Institute learns from ongoing research, the audits conducted pursuant to section 20B(c), the information compiled by the Federal working group established pursuant to subsection (c), and the annual reports published pursuant to subsection (d). (c) Federal working group Not later than 3 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , the Institute shall establish and chair a working group (in this section referred to as the Federal working group ), including representatives of the Office of Management and Budget, the Office of Science and Technology Policy, and other appropriate Federal agencies, which shall— (1) not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , develop outcome-based and quantifiable metrics to help Federal agencies in their analysis and assessment of the effectiveness of the Framework in protecting their information and information systems; (2) update such metrics as the Federal working group considers necessary; (3) compile information from Federal agencies on their use of the Framework and the results of the analysis and assessment described in paragraph (1); and (4) assist the Office of Management and Budget and the Office of Science and Technology Policy in publishing the annual report required under subsection (d). (d) Report The Office of Management and Budget and the Office of Science and Technology Policy shall develop and make publicly available an annual report on agency adoption rates and the effectiveness of the Framework. In preparing such report, the Offices shall use the information compiled by the Federal working group pursuant to subsection (c)(3). 20B. Cybersecurity audits (a) Initial assessment (1) Requirement Not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , the Institute shall complete an initial assessment of the cybersecurity preparedness of the agencies described in paragraph (2). Such assessment shall be based on information security standards developed under section 20, and may also be informed by work done or reports published by other Federal agencies or officials. (2) Agencies The agencies referred to in paragraph (1) are the agencies referred to in section 901(b) of title 31, United States Code, and any other agency that has reported a major incident (as defined in the Office of Management and Budget Memorandum—16—03, published on October 30, 2015, or any successor document). (3) National security systems The requirement under paragraph (1) shall not apply to national security systems (as defined in section 3552(b) of title 44, United States Code). (b) Audit plan Not later than 6 months after the date of enactment of this Act, the Institute shall prepare a needs-based plan for carrying out the audits of agencies as required under subsection (c). Such plan shall include a description of staffing plans, workforce capabilities, methods for conducting such audits, coordination with agencies to support such audits, expected timeframes for the completion of audits, and other information the Institute considers relevant. The plan shall be transmitted by the Institute to the congressional entities described in subsection (c)(4)(F). (c) Audits (1) Requirement Not later than 6 months after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , the Institute shall initiate an individual cybersecurity audit of each agency described in subsection (a)(2), to assess the extent to which the agency is meeting the information security standards developed under section 20. (2) Relation to Framework Audits conducted under this subsection shall— (A) to the extent applicable and available, be informed by the report on agency adoption rates and the effectiveness of the Framework described in section 20A(d); and (B) if the agency is required by law or executive order to adopt the Framework, be based on the guidance described in section 20A(b) and metrics developed under section 20A(c)(1). (3) Schedule The Institute shall establish a schedule for completion of audits under this subsection to ensure that— (A) audits of agencies whose information security risk is high, based on the assessment conducted under subsection (a), are completed not later than 1 year after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , and are audited annually thereafter; and (B) audits of all other agencies described in subsection (a)(2) are completed not later than 2 years after the date of enactment of the NIST Cybersecurity Framework, Assessment, and Auditing Act of 2017 , and are audited biennially thereafter. (4) Report A report of each audit conducted under this subsection shall be transmitted by the Institute to— (A) the Office of Management and Budget; (B) the Office of Science and Technology Policy; (C) the Government Accountability Office; (D) the agency being audited; (E) the Inspector General of such agency, if there is one; and (F) Congress, including the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. .

October 31, 2017 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed