,,ii ,calendar ,no4 #bae #aafth ,,congress #ast ,session ,s4 #gcd ,report ,no4 #aaf-aab ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #aa1 #bjai,mr4 ,warner 7for himself1 ,mr4 ,gardner1 ,ms4 ,hassan1 ,mr4 ,daines1 ,ms4 ,cortez ,masto1 and ,mr4 ,rounds7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,september #bc1 #bjai,reported by ,mr4 ,johnson1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to leverage ,federal ,government procurement power to encourage increased cybersecurity for ,internet of ,things devices1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,internet of ,things ,cybersecurity ,improvement ,act of #bjai or the ,io,t ,cybersecurity ,improvement ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency has the meaning given such term in section #cejb of title #dd1 ,united ,states ,code4 7#b7 ,covered device 7,a7 ,in general ,the term covered device means a physical object that-- 7i7 is capable of connecting to and is in regular connection with the ,internet2 7ii7 has computer processing capabilities that can collect1 send1 or receive data2 and 7iii7 is not a general-purpose computing device1 including personal computing systems1 smart mobile communications devices1 programmable logic controls1 and mainframe computing systems4 7,b7 ,modification of definition ,the ,director of the ,office of ,management and ,budget shall establish a process by which-- 7i7 interested parties may petition for a device that is not described in subparagraph 7,a7 to be considered a device that is not a covered device2 and 7ii7 the ,director acts upon any petition submitted under clause 7i7 in a timely manner4 7#c7 ,security vulnerability ,the term security vulnerability means any attribute of hardware1 firmware1 software1 or combination of #b or more of these factors that could enable the compromise of the confidentiality1 integrity1 or availability of an information system or its information or physical devices to which it is connected4 #c4 ,national ,institute of ,standards and ,technology considerations and recommendations regarding managing ,internet of ,things cybersecurity risks 7a7 ,completion of ongoing efforts relating to considerations for managing internet of things cybersecurity risks 7#a7 ,in general ,the ,director of the ,national ,institute of ,standards and ,technology shall ensure that the efforts of the ,institute in effect on the date of the enactment of this ,act regarding considerations for managing ,internet of ,things cybersecurity risks1 especially regarding examples of possible cybersecurity capabilities of ,internet of ,things devices1 are completed no later than ,september #cj1 #bjai4 7#b7 ,matters addressed ,in ensuring efforts are completed under paragraph 7#a71 the ,director shall also ensure that such efforts address1 at a minimum1 the following considerations for covered devices3 7,a7 ,secure ,development4 7,b7 ,identity management4 7,c7 ,patching4 7,d7 ,configuration management4 7b7 ,development of recommended standards for use of internet of things devices by ,federal ,government 7#a7 ,in general ,not later than ,march #ca1 #bjbj1 the ,director of the ,institute shall develop recommendations for the ,federal ,government on the appropriate use and management by the ,federal ,government of ,internet of ,things devices owned or controlled by the ,federal ,government1 including minimum information security requirements for managing cybersecurity risks associated with such devices4 7#b7 ,consistency with ongoing efforts ,the ,director of the ,institute shall ensure that the recommendations and standards developed under paragraph 7#a7 are consistent with the efforts referred to in subsection 7a71 especially with respect to the examples of possible cybersecurity capabilities referred to in such subsection4 7c7 ,institute ,report on cybersecurity considerations stemming from the convergence of ,information ,technology1 ,internet of ,things1 and ,operational ,technology devices1 networks and systems ,not later than #ahj days following the enactment of this ,act1 the ,director of the ,institute shall publish a draft report related to the increasing convergence of traditional ,information ,technology devices1 networks1 and systems with ,internet of ,things devices1 networks and systems and ,operational ,technology devices1 networks and systems1 including considerations for managing cybersecurity risks associated with such trends4 #d4 ,policies for ,federal agencies on use and management of ,internet of ,things devices 7a7 ,revisions to the federal acquisition regulation ,not later than #ahj days after the date on which the ,director of the ,national ,institute of ,standards and ,technology completes the development of the recommendations required under section #c7;b71 the ,director of the ,office of ,management and ,budget shall issue guidelines for each agency that are consistent with such recommendations4 7b7 ,requirement ,in issuing the guidelines required under subsection 7a71 the ,director of the ,office of ,management and ,budget shall ensure that the guidelines are consistent with the information security requirements in subchapter ,,ii of chapter #ce of title #dd1 ,united ,states ,code4 7c7 ,quinquennial reviews and revisions ,not less frequently than once every #e years-- 7#a7 the ,director of the ,office of ,management and ,budget and the ,director of the ,national ,institute of ,standards and ,technology shall review the policies issued under subsection 7a72 and 7#b7 the ,director of the ,office of ,management and ,budget shall1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology1 revise such policies4 #e4 ,national ,institute of ,standards and ,technology guidance on coordinated disclosure of security vulnerabilities relating to ,internet of ,things devices 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of the ,national ,institute of ,standards and ,technology shall1 in consultation with such cybersecurity researchers and private-sector industry experts as the ,director considers appropriate1 publish guidance on policies and procedures for the reporting1 coordinating1 publishing1 and receiving of information about-- 7#a7 a security vulnerability relating to a covered device used by the ,federal ,government2 and 7#b7 the resolution of such security vulnerability4 7b7 ,elements ,the guidance published under subsection 7a7 shall include the following3 7#a7 ,policies and procedures described in subsection 7a7 that1 to the maximum extent practicable1 are aligned with ,standards #biadg and #cjaaa of the ,international ,standards ,organization1 or any successor standards4 ,such policies and procedures shall include policies and procedures for a contractor or vendor providing a covered device to the ,federal ,government on-- 7,a7 receiving information about a potential security vulnerability relating to the covered device2 and 7,b7 disseminating information about the resolution of a security vulnerability relating to the covered device4 7#b7 ,guidance1 including example content1 on the information items that should be produced through the implementation of the security vulnerability disclosure process of the contractor4 #f4 ,guidelines for ,federal agencies on coordinated disclosure of security vulnerabilities relating to ,internet of ,things devices 7a7 ,agency guidelines required ,not later than #ahj days after the date on which the guidance required under section #d is published1 the ,director of the ,office of ,management and ,budget shall1 in consultation with the ,administrator of the ,general ,services ,administration1 issue guidelines for each agency on reporting1 coordinating1 publishing1 and receiving information about-- 7#a7 a security vulnerability relating to a covered device used by the agency2 and 7#b7 the resolution of such security vulnerability4 7b7 ,contractor and vendor compliance with ,national ,institute of ,standards and ,technology guidance ,the guidelines required by subsection 7a7 shall include a limitation that prohibits an agency from acquiring or using any covered device from a contractor or vendor if the contractor or vendor fails to comply with the guidance published under section #e7;a74 7c7 ,consistency with guidance from ,national ,institute of ,standards and ,technology ,the ,director shall ensure that the guidelines issued under subsection 7a7 are consistent with the guidance published under section #e7;a74 #a4 ,short title ,this ,act may be cited as the ,internet of ,things ,cybersecurity ,improvement ,act of #bjai or the ,io,t ,cybersecurity ,improvement ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency has the meaning given such term in section #cejb of title #dd1 ,united ,states ,code4 7#b7 ,director ,the term ,director means the ,director of the ,national ,institute of ,standards and ,technology4 7#c7 ,information system ,the term information system has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7#e7 ,security vulnerability ,the term security vulnerability has the meaning given the term in section #ajb of the ,cybersecurity ,information ,sharing ,act of #bjae 7#f ,u4,s4,c4 #aeja74 #c4 ,national ,institute of ,standards and ,technology considerations and recommendations regarding managing ,internet of ,things cybersecurity risks 7a7 ,development of recommended guidelines for use of internet of things devices by ,federal ,government 7#a7 ,in general ,not later than ,march #ca1 #bjbj1 the ,director shall develop standards and guidelines for the ,federal ,government on the appropriate use and management by the ,federal ,government of ,internet of ,things devices owned or controlled by the ,federal ,government1 including minimum information security requirements for managing cybersecurity risks associated with such devices4 7#b7 ,consistency with ongoing efforts ,the ,director shall ensure that the standards and guidelines developed under paragraph 7#a7 are consistent with the efforts of the ,national ,institute of ,standards and ,technology in effect on the date of enactment of this ,act regarding considerations for managing ,internet of ,things cybersecurity risks1 especially regarding examples of possible cybersecurity capabilities of ,internet of ,things devices1 and in particular with respect to the following considerations for ,internet of ,things devices3 7,a7 ,secure development4 7,b7 ,identity management4 7,c7 ,patching4 7,d7 ,configuration management4 7b7 ,institute ,report on cybersecurity considerations stemming from the convergence of ,information ,technology1 ,internet of ,things1 and ,operational ,technology devices1 networks1 and systems ,not later than #ahj days after the date of enactment of this ,act1 the ,director shall brief the appropriate committees of ,congress on the increasing convergence of traditional information technology devices1 networks1 and systems with ,internet of ,things devices1 networks1 and systems and operational technology devices1 networks1 and systems1 including considerations for managing cybersecurity risks and security vulnerabilities associated with such trends4 #d4 ,policies and principles for ,federal agencies on use and management of ,internet of ,things devices 7a7 ,in general ,not later than #ahj days after the date on which the ,director completes the development of the standards and guidelines required under section #c7;a71 the ,director of the ,office of ,management and ,budget1 in consultation with the ,secretary1 shall issue policies and principles for each agency that are consistent with such standards and guidelines4 7b7 ,requirement ,in issuing the policies1 principles1 standards1 or guidelines required under subsection 7a71 the ,director of the ,office of ,management and ,budget1 in consultation with the ,secretary1 shall ensure that the policies and principles are consistent with the information security requirements in subchapter ,,ii of chapter #ce of title #dd1 ,united ,states ,code4 7c7 ,reviews and revisions ,the ,director of the ,office of ,management and ,budget1 in consultation with the ,secretary1 shall-- 7#a7 review any policies1 principles1 standards1 or guidelines issued under subsection 7a72 and 7#b7 revise such policies1 principles1 standards1 and guidelines4 #e4 ,guidelines on coordinated disclosure of security vulnerabilities relating to information systems1 including ,internet of ,things devices 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,director1 in consultation with such cybersecurity researchers and private-sector industry experts as the ,director considers appropriate1 and in consultation with the ,secretary1 shall publish guidelines for the reporting1 coordinating1 publishing1 and receiving of information about-- 7#a7 a security vulnerability relating to agency information systems1 including ,internet of ,things devices2 and 7#b7 the resolution of such security vulnerability4 7b7 ,elements ,the guidelines published under subsection 7a7 shall-- 7#a7 to the maximum extent practicable1 be aligned with industry best practices and ,standards #biadg and #cjaaa of the ,international ,standards ,organization1 or any successor standards2 and 7#b7 incorporate guidelines on-- 7,a7 receiving information about a potential security or personal information vulnerability relating to agency information systems1 and when relevant1 ,internet of ,things devices2 and 7,b7 disseminating information about the resolution of a security or personal information vulnerability relating to agency information systems1 and when relevant1 ,internet of ,things devices4 7c7 ,information items ,the guidelines published under subsection 7a7 shall include guidelines1 including example content1 on the information items that should be produced through the implementation of the security vulnerability disclosure process of a contractor or vendor providing ,internet of ,things devices to the ,federal ,government4 7d7 ,oversight ,the ,director of the ,office of ,management and ,budget shall oversee the implementation of the guidelines published under subsection 7a74 7e7 ,operational and technical assistance ,the ,secretary shall provide operational and technical assistance in implementing the guidelines published under subsection 7a74 #f4 ,implementation of coordinated disclosure of security vulnerabilities relating to agency information systems1 including ,internet of ,things devices 7a7 ,agency guidelines required ,not later than #ahj days after the date on which the ,director publishes guidelines under section #e7;a71 the ,director of the ,office of ,management and ,budget shall issue policies and principles on security vulnerabilities of information systems1 including ,internet of ,things devices4 7b7 ,procedures ,the ,secretary1 in consultation with the ,director of the ,office of ,management and ,budget1 shall develop and issue procedures for each agency on reporting1 coordinating1 publishing1 and receiving information about security vulnerabilities of information systems1 including ,internet of ,things devices4 7c7 ,contractor and vendor compliance with policies and procedures ,the procedures required under subsection 7b7 shall include a limitation that prohibits an agency from acquiring or using any ,internet of ,things device from a contractor or vendor if the contractor or vendor fails to comply with the guidelines published under section #e7;a74 7d7 ,consistency with guidelines from ,national ,institute of ,standards and ,technology ,the ,secretary shall ensure that the procedures required under subsection 7b7 are consistent with applicable standards and publications established by the ,national ,institute of ,standards and ,technology4 #g4 ,waiver ,the head of an agency may use an ,internet of ,things device without regard to any policies1 principles1 standards1 or guidelines issued under this ,act if the use of the ,internet of ,things device is-- 7#a7 necessary for national security or for research purposes2 7#b7 appropriate to the function of the covered device2 7#c7 secured using alternative and effective methods2 or 7#d7 of substantially higher quality or affordability than a product that meets such policies1 principles1 standards1 or guidelines4 ,september #bc1 #bjai,reported with an amendment