IoT Cybersecurity Improvement Act of 2020
PL 116-207 (H.R.1668), enacted 12/04/2020

[116th Congress Public Law 207]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 1001]]

Public Law 116-207
116th Congress

                                 An Act


 
 To establish minimum security standards for Internet of Things devices 
      owned or controlled by the Federal Government, and for other 
            purposes. <<NOTE: Dec. 4, 2020 -  [H.R. 1668]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Internet of 
Things Cybersecurity Improvement Act of 2020. 15 USC 271 note.>> 
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. <<NOTE: 15 USC 278g-3a note.>>  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. <<NOTE: 15 USC 278g-3a.>>  DEFINITIONS.

    In this Act:

[[Page 134 STAT. 1002]]

            (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. <<NOTE: 15 USC 278g-3b.>>  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) <<NOTE: Deadline. Publication.>>  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

[[Page 134 STAT. 1003]]

        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) <<NOTE: Deadline.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: Consultation.>>  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.

[[Page 134 STAT. 1004]]

SEC. 5. <<NOTE: 15 USC 278g-3c.>>  GUIDELINES ON THE DISCLOSURE 
                    PROCESS FOR SECURITY VULNERABILITIES RELATING 
                    TO INFORMATION SYSTEMS, INCLUDING INTERNET OF 
                    THINGS DEVICES.

    (a) <<NOTE: Deadline. Consultation. Publication.>>  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) <<NOTE: Consultation.>>  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.

[[Page 134 STAT. 1005]]

SEC. 6. <<NOTE: Consultation. 15 USC 278g-3d.>>  IMPLEMENTATION OF 
                    COORDINATED DISCLOSURE OF SECURITY 
                    VULNERABILITIES RELATING TO AGENCY INFORMATION 
                    SYSTEMS, INCLUDING INTERNET OF THINGS DEVICES.

    (a) <<NOTE: Deadline.>>  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. <<NOTE: 15 USC 278g-3e.>>  CONTRACTOR COMPLIANCE WITH 
                    COORDINATED DISCLOSURE OF SECURITY 
                    VULNERABILITIES RELATING TO AGENCY INTERNET OF 
                    THINGS DEVICES.

    (a) Prohibition on Procurement and Use.--
            (1) <<NOTE: Determination.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Determination.>>  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.

[[Page 134 STAT. 1006]]

    (c) Reports to Congress.--
            (1) <<NOTE: Time period.>>  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) <<NOTE: Recommenda- tions.>>  that contains 
                recommended best practices for the procurement of 
                Internet of Things devices; and
                    (C) <<NOTE: Lists.>>  that lists--
                          (i) <<NOTE: Time period.>>  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) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 1007]]

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).

    Approved December 4, 2020.

LEGISLATIVE HISTORY--H.R. 1668 (S. 734):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 116-501, Pt. 1 (Comm. on Oversight and Reform).
SENATE REPORTS: No. 116-112 (Comm. on Homeland Security and Governmental 
Affairs) accompanying S. 734.
CONGRESSIONAL RECORD, Vol. 166 (2020):
            Sept. 14, considered and passed House.
            Nov. 17, considered and passed Senate.

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