#aagth ,,congress #ast ,session ,h4 ,r4 #ba ,,an ,,act ,to enhance the innovation1 security1 and availability of cloud computing products and 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 management1 authorization1 and continuous monitoring process to enable the ,federal ,government to leverage cloud computing products and services using a risk-based approach consistent with the ,federal ,information ,security ,modernization ,act of #bjad and cloud-based operations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,federal ,risk and ,authorization ,management ,program ,authorization ,act of #bjba or the ,fed,r,a,m,p ,authorization ,act4 #b4 ,codification of the ,fed,r,a,m,p program 7a7 ,amendment ,chapter #cf of title #dd1 ,united ,states ,code1 is amended by adding at the end the following new sections3 #cfjg4 ,federal ,risk and ,authorization ,management ,program 7a7 ,establishment ,there is established within the ,general ,services ,administration the ,federal ,risk and ,authorization ,management ,program4 ,the ,administrator of ,general ,services1 in accordance with section #cfab1 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 agencies4 7b7 ,components of ,fed,r,a,m,p ,the ,joint ,authorization ,board and the ,fed,r,a,m,p ,program ,management ,office are established as components of ,fed,r,a,m,p4 #cfjh4 ,fed,r,a,m,p ,program ,management ,office 7a7 ,,gsa duties 7#a7 ,roles and responsibilities ,the ,administrator of ,general ,services shall-- 7,a7 determine the categories and characteristics of cloud computing products and services that are within the jurisdiction of ,fed,r,a,m,p and that require a ,fed,r,a,m,p authorization or a ,fed,r,a,m,p provisional authorization2 7,b7 develop1 coordinate1 and implement a process for the ,fed,r,a,m,p ,program ,management ,office1 the ,joint ,authorization ,board1 and agencies to review security assessments of cloud computing products and services pursuant to subsections 7b7 and 7c7 of section #cfaa1 and appropriate oversight of continuous monitoring of cloud computing products and services2 and 7,c7 ensure the continuous improvement of ,fed,r,a,m,p4 7#b7 ,implementation ,the ,administrator shall oversee the implementation of ,fed,r,a,m,p1 including-- 7,a7 appointing a ,program ,director to oversee the ,fed,r,a,m,p ,program ,management ,office2 7,b7 hiring professional staff as may be necessary for the effective operation of the ,fed,r,a,m,p ,program ,management ,office1 and such other activities as are essential to properly perform critical functions2 7,c7 entering into interagency agreements to detail personnel on a reimbursable or non-reimbursable basis to assist the ,fed,r,a,m,p ,program ,management ,office and the ,joint ,authorization ,board in discharging the responsibilities of the ,office under this section2 and 7,d7 such other actions as the ,administrator may determine necessary to carry out this section4 7b7 ,duties ,the ,fed,r,a,m,p ,program ,management ,office shall have the following duties3 7#a7 ,provide guidance to independent assessment organizations1 validate the independent assessments1 and apply the requirements and guidelines adopted in section #cfji7;c77#e74 7#b7 ,oversee and issue guidelines regarding the necessary requirements for accreditation of third-party organizations seeking to be awarded accreditation as independent assessment organizations1 including qualifications1 roles1 and responsibilities of independent assessment organizations4 7#c7 ,develop templates and other materials to support the ,joint ,authorization ,board and agencies in the authorization of cloud computing products and services to increase the speed1 effectiveness1 and transparency of the authorization process1 consistent with standards defined by the ,national ,institute of ,standards and ,technology4 7#d7 ,establish and maintain a public comment process for proposed guidance before the issuance of such guidance by ,fed,r,a,m,p4 7#e7 ,review any authorization to operate issued by an agency to determine if the authorization meets the requirements and guidelines adopted in section #cfji7;c77#e74 7#f7 ,establish frameworks for agencies to use authorization packages processed by the ,fed,r,a,m,p ,program ,management ,office and ,joint ,authorization ,board4 7#g7 ,coordinate with the ,secretary of ,defense and the ,secretary of ,homeland ,security to establish a framework for continuous monitoring under section #ceec and agency reports required under section #ceed4 7#h7 ,establish a centralized and secure repository to collect and share necessary data1 including security authorization packages1 from the ,joint ,authorization ,board and agencies to enable better sharing and reuse of such packages across agencies4 7c7 ,evaluation of automation procedures 7#a7 ,in general ,the ,fed,r,a,m,p ,program ,management ,office shall assess and evaluate available automation capabilities and procedures to improve the efficiency and effectiveness of the issuance of ,fed,r,a,m,p authorizations and ,fed,r,a,m,p provisional authorizations1 including continuous monitoring of cloud computing products and services4 7#b7 ,means for automation ,not later than #a year after the date of the enactment of this section1 and updated annually thereafter1 the ,fed,r,a,m,p ,program ,management ,office shall establish a means for the automation of security assessments and reviews4 7d7 ,metrics for authorization ,the ,fed,r,a,m,p ,program ,management ,office shall establish annual metrics regarding the time and quality of the assessments necessary for completion of a ,fed,r,a,m,p authorization process in a manner that can be consistently tracked over time in conjunction with the periodic testing and evaluation process pursuant to section #ceed in a manner that minimizes the agency reporting burden4 #cfji4 ,joint ,authorization ,board 7a7 ,establishment ,the ,joint ,authorization ,board shall consist of cloud computing experts1 appointed by the ,director in consultation with the ,administrator1 from each of the following3 7#a7 ,the ,department of ,defense4 7#b7 ,the ,department of ,homeland ,security4 7#c7 ,the ,general ,services ,administration4 7#d7 ,such other agencies as determined by the ,director1 in consultation with the ,administrator4 7b7 ,issuance of ,fed,r,a,m,p provisional authorizations ,the ,joint ,authorization ,board shall conduct security assessments of cloud computing products and services and issue ,fed,r,a,m,p provisional authorizations to cloud service providers that meet the requirements and guidelines established in subsection 7c77#e74 7c7 ,duties ,the ,joint ,authorization ,board shall-- 7#a7 develop and make publicly available on a website1 determined by the ,administrator1 criteria for prioritizing and selecting cloud computing products and services to be assessed by the ,joint ,authorization ,board2 7#b7 provide regular updates to applicant cloud service providers on the status of any cloud computing product or service during the assessment and authorization process of the ,joint ,authorization ,board2 7#c7 review and validate cloud computing products and services and materials submitted by independent assessment organizations or any documentation determined to be necessary by the ,joint ,authorization ,board to evaluate the system security of a cloud computing product or service2 7#d7 in consultation with the ,fed,r,a,m,p ,program ,management ,office1 serve as a resource for best practices to accelerate the process for obtaining a ,fed,r,a,m,p authorization or ,fed,r,a,m,p provisional authorization2 7#e7 establish requirements and guidelines for security assessments of cloud computing products and services1 consistent with standards defined by the ,national ,institute of ,standards and ,technology1 to be used by the ,joint ,authorization ,board and agencies2 7#f7 perform such other roles and responsibilities as the ,administrator may assign1 in consultation with the ,fed,r,a,m,p ,program ,management ,office and members of the ,joint ,authorization ,board2 and 7#g7 establish metrics and goals for reviews and activities associated with issuing ,fed,r,a,m,p provisional authorizations and provide to the ,fed,r,a,m,p ,program ,management ,office4 7d7 ,determinations of demand for cloud computing products and services ,the ,joint ,authorization ,board shall consult with the ,chief ,information ,officers ,council established in section #cfjc to establish a process1 that shall be made available on a public website1 for prioritizing and accepting the cloud computing products and services to be granted a ,fed,r,a,m,p provisional authorization4 7e7 ,detail of personnel ,to assist the ,joint ,authorization ,board in discharging the responsibilities under this section1 personnel of agencies may be detailed to the ,joint ,authorization ,board for the performance of duties described under subsection 7c74 #cfaj4 ,independent assessment organizations 7a7 ,requirements for accreditation ,the ,joint ,authorization ,board shall determine the requirements for the accreditation of a third-party organization seeking to be accredited as an independent assessment organization1 ensuring adequate implementation of section #cfji4 ,such requirements may include developing or requiring certification programs for individuals employed by the third-party organization seeking accreditation4 ,the ,program ,director of the ,fed,r,a,m,p ,program ,management ,office shall accredit any third-party organization that meets the requirements for accreditation4 7b7 ,assessment ,an independent assessment organization may assess1 validate1 and attest to the quality and compliance of security assessment materials provided by cloud service providers as part of the ,fed,r,a,m,p authorization or the ,fed,r,a,m,p provisional authorization process4 #cfaa4 ,roles and responsibilities of agencies 7a7 ,in general ,in implementing the requirements of ,fed,r,a,m,p1 the head of each agency shall1 consistent with guidance issued by the ,director pursuant to section #cfab-- 7#a7 create policies to ensure cloud computing products and services used by the agency meet ,fed,r,a,m,p security requirements and other risk-based performance requirements as defined by the ,director2 7#b7 issue agency-specific authorizations to operate for cloud computing services in compliance with section #ceed2 7#c7 confirm whether there is a ,fed,r,a,m,p authorization or ,fed,r,a,m,p provisional authorization in the cloud security repository established under section #cfjh7;b77#h7 before beginning the process to award a ,fed,r,a,m,p authorization or a ,fed,r,a,m,p provisional authorization for a cloud computing product or service2 7#d7 to the extent practicable1 for any cloud computing product or service the agency seeks to authorize that has received a ,fed,r,a,m,p authorization or ,fed,r,a,m,p provisional authorization1 use the existing assessments of security controls and materials within the authorization package2 and 7#e7 provide data and information required to the ,director pursuant to section #cfab to determine how agencies are meeting metrics as defined by the ,fed,r,a,m,p ,program ,management ,office4 7b7 ,submission of policies required ,not later than #f months after the date of the enactment of this section1 the head of each agency shall submit to the ,director the policies created pursuant to subsection 7a77#a7 for review and approval4 7c7 ,submission of authorizations ,to operate required ,upon issuance of an agency authorization to operate1 the head of the agency shall provide a copy of the authorization to operate letter and any supplementary information required pursuant to section #cfjh7;b7 to the ,fed,r,a,m,p ,program ,management ,office4 7d7 ,presumption of adequacy 7#a7 ,in general ,the assessment of security controls and materials within the authorization package for a ,fed,r,a,m,p authorization or ,fed,r,a,m,p provisional authorization shall be presumed adequate for use in an agency authorization to operate cloud computing products and services4 7#b7 ,information security requirements ,the presumption under paragraph 7#a7 does not modify or alter the responsibility of any agency to ensure compliance with subchapter ,,ii of chapter #ce for any cloud computing products or services used by the agency4 #cfab4 ,roles and responsibilities of the ,office of ,management and ,budget ,the ,director shall have the following duties3 7#a7 ,issue guidance to ensure that an agency does not operate a ,federal ,government cloud computing product or service using ,government data without an authorization to operate issued by the agency that meets the requirements of subchapter ,,ii of chapter #ce and the ,fed,r,a,m,p authorization or ,fed,r,a,m,p provisional authorization4 7#b7 ,ensure agencies are in compliance with any guidance or other requirements issued related to ,fed,r,a,m,p4 7#c7 ,review1 analyze1 and update guidance on the adoption1 security1 and use of cloud computing services used by agencies4 7#d7 ,ensure the ,joint ,authorization ,board is in compliance with section #cfji7;c74 7#e7 ,adjudicate disagreements between the ,joint ,authorization ,board and cloud service providers seeking a ,fed,r,a,m,p provisional authorization4 7#f7 ,promulgate regulations on the role of ,fed,r,a,m,p authorizations and ,fed,r,a,m,p provisional authorizations in agency acquisition of cloud computing products and services that process unclassified information4 #cfac4 ,authorization of appropriations for ,,fedramp ,there is authorized to be appropriated #bj1jjj1jjj each year for the ,fed,r,a,m,p ,program ,management ,office and the ,joint ,authorization ,board4 #cfad4 ,reports to ,congress2 ,,gao ,report 7a7 ,reports to ,congress ,not later than #ab months after the date of the enactment of this section1 and annually thereafter1 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 following3 7#a7 ,the status1 efficiency1 and effectiveness of ,fed,r,a,m,p ,program ,management ,office and agencies during the preceding year in supporting the speed1 effectiveness1 sharing1 reuse1 and security of authorizations to operate for cloud computing products and services1 including progress towards meeting the metrics adopted by the ,fed,r,a,m,p ,program ,management ,office pursuant to section #cfjh7;d7 and the ,joint ,authorization ,board pursuant to section #cfji7;c77#e74 7#b7 ,data on ,fed,r,a,m,p authorizations and ,fed,r,a,m,p provisional authorizations4 7#c7 ,the average length of time for the ,joint ,authorization ,board to review applications for and issue ,fed,r,a,m,p provisional authorizations4 7#d7 ,the average length of time for the ,fed,r,a,m,p ,program ,management ,office to review authorizations to operate4 7#e7 ,the number of ,fed,r,a,m,p authorizations and ,fed,r,a,m,p provisional authorizations issued for the previous year4 7#f7 ,a review of progress made during the preceding year in advancing automation techniques to securely automate ,fed,r,a,m,p processes and to accelerate reporting as described in this section4 7#g7 ,the number and characteristics of authorized cloud computing products and services in use at each agency consistent with guidance provided by the ,director in section #cfab4 7#h7 ,the cost incurred by agencies and cloud service providers related to the issuance of ,fed,r,a,m,p authorizations and ,fed,r,a,m,p provisional authorizations1 including information responsive to the report required in subsection 7b74 7b7 ,,gao report ,not later than #f months after the date of the enactment of this section1 the ,comptroller ,general of the ,united ,states shall publish a report that includes an assessment of the cost incurred by agencies and cloud service providers related to the issuance of ,fed,r,a,m,p authorizations and ,fed,r,a,m,p provisional authorizations4 #cfae4 ,federal ,secure ,cloud ,advisory ,committee 7a7 ,establishment1 purposes1 and duties 7#a7 ,establishment ,there is established a ,federal ,secure ,cloud ,advisory ,committee 7referred to in this section as the ,committee7 to ensure effective and ongoing coordination of agency adoption1 use1 authorization1 monitoring1 acquisition1 and security of cloud computing products and services to enable agency mission and administrative priorities4 7#b7 ,purposes ,the purposes of the ,committee are the following3 7,a7 ,to examine the operations of ,fed,r,a,m,p and determine ways that authorization processes can continuously be improved1 including the following3 7i7 ,measures to increase agency re-use of ,fed,r,a,m,p provisional authorizations4 7ii7 ,proposed actions that can be adopted to reduce the cost of ,fed,r,a,m,p authorizations and ,fed,r,a,m,p provisional authorizations for cloud service providers4 7iii7 ,measures to increase the number of ,fed,r,a,m,p authorizations and ,fed,r,a,m,p provisional authorizations for cloud computing services offered by small businesses 7as defined by section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a774 7,b7 ,collect information and feedback on agency compliance with and implementation of ,fed,r,a,m,p requirements4 7,c7 ,serve as a forum that facilitates communication and collaboration among the ,fed,r,a,m,p stakeholder community4 7#c7 ,duties ,the duties of the ,committee are1 at a minimum1 to provide advice and recommendations to the ,administrator1 the ,joint ,authorization ,board1 and to agencies on technical1 financial1 programmatic1 and operational matters regarding secure adoption of cloud computing products and services4 7b7 ,members 7#a7 ,composition ,the ,committee shall be comprised of not more than #ae members who are qualified representatives from the public and private sectors1 appointed by the ,administrator1 in consultation with the ,administrator of the ,office of ,electronic ,government1 as follows3 7,a7 ,the ,administrator or the ,administrator's designee1 who shall be the ,chair of the ,committee4 7,b7 ,at least one representative each from the ,cybersecurity and ,infrastructure ,security ,agency and the ,national ,institute of ,standards and ,technology4 7,c7 ,at least two officials who serve as the ,chief ,information ,security ,officer within an agency1 who shall be required to maintain such a position throughout the duration of their service on the ,committee4 7,d7 ,at least one official serving as ,chief ,procurement ,officer 7or equivalent7 in an agency1 who shall be required to maintain such a position throughout the duration of their service on the ,committee4 7,e7 ,at least one individual representing an independent assessment organization4 7,f7 ,no fewer than five representatives from unique businesses that primarily provide cloud computing services or products1 including at least two representatives from a small business 7as defined by section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a7774 7,g7 ,at least two other ,government representatives as the ,administrator determines to be necessary to provide sufficient balance1 insights1 or expertise to the ,committee4 7#b7 ,deadline for appointment ,each member of the ,committee shall be appointed not later than #cj days after the date of the enactment of this section4 7#c7 ,period of appointment2 vacancies 7,a7 ,in general ,each non-,federal member of the ,committee shall be appointed for a term of #c years1 except that the initial terms for members may be staggered #a-1 #b-1 or #c-year terms to establish a rotation in which one-third of the members are selected each year4 ,any such member may be appointed for not more than #b consecutive terms4 7,b7 ,vacancies ,any vacancy in the ,committee shall not affect its powers1 but shall be filled in the same manner in which the original appointment was made4 ,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 term4 ,a member may serve after the expiration of that member's term until a successor has taken office4 7c7 ,meetings and rules of procedures 7#a7 ,meetings ,the ,committee shall hold not fewer than three meetings in a calendar year1 at such time and place as determined by the ,chair4 7#b7 ,initial meeting ,not later than #abj days after the date of the enactment of this section1 the ,committee shall meet and begin the operations of the ,committee4 7#c7 ,rules of procedure ,the ,committee may establish rules for the conduct of the business of the ,committee1 if such rules are not inconsistent with this section or other applicable law4 7d7 ,employee status 7#a7 ,in general ,a member of the ,committee 7other than a member who is appointed to the ,committee in connection with another ,federal appointment7 shall not be considered an employee of the ,federal ,government by reason of any service as such a member1 except for the purposes of section #egjc of title #e1 relating to travel expenses4 7#b7 ,pay not permitted ,a member of the ,committee covered by paragraph 7#a7 may not receive pay by reason of service on the ,committee4 7e7 ,applicability to the ,federal ,advisory ,committee ,act ,section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,committee4 7f7 ,hearings and evidence ,the ,committee1 or on the authority of the ,committee1 any subcommittee1 may1 for the purposes of carrying out this section1 hold hearings1 sit and act at such times and places1 take testimony1 receive evidence1 and administer oaths4 7g7 ,contracting ,the ,committee1 may1 to such extent and in such amounts as are provided in appropriation ,acts1 enter into contracts to enable the ,committee to discharge its duties under this section4 7h7 ,information from ,federal agencies 7#a7 ,in general ,the ,committee is authorized to secure directly from any executive department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality of the ,government1 information1 suggestions1 estimates1 and statistics for the purposes of the ,committee4 ,each department1 bureau1 agency1 board1 commission1 office1 independent establishment1 or instrumentality shall1 to the extent authorized by law1 furnish such information1 suggestions1 estimates1 and statistics directly to the ,committee1 upon request made by the ,chair1 the ,chair of any subcommittee created by a majority of the ,committee1 or any member designated by a majority of the ,committee4 7#b7 ,receipt1 handling1 storage1 and dissemination ,information may only be received1 handled1 stored1 and disseminated by members of the ,committee and its staff consistent with all applicable statutes1 regulations1 and ,executive orders4 7i7 ,detail of employees ,any ,federal ,government employee may be detailed to the ,committee without reimbursement from the ,committee1 and such detailee shall retain the rights1 status1 and privileges of his or her regular employment without interruption4 7j7 ,postal services ,the ,committee may use the ,united ,states mails in the same manner and under the same conditions as agencies4 7k7 ,expert and consultant services ,the ,committee is authorized to procure the services of experts and consultants in accordance with section #caji of title #e1 but at rates not to exceed the daily rate paid a person occupying a position at ,level ,,iv of the ,executive ,schedule under section #ecae of title #e4 7l7 ,reports 7#a7 ,interim reports ,the ,committee may submit to the ,administrator and ,congress interim reports containing such findings1 conclusions1 and recommendations as have been agreed to by the ,committee4 7#b7 ,annual reports ,not later than #ah months after the date of the enactment of this section1 and annually thereafter1 the ,committee shall submit to the ,administrator and ,congress a final report containing such findings1 conclusions1 and recommendations as have been agreed to by the ,committee4 #cfaf4 ,definitions 7a7 ,in general ,except as provided under subsection 7b71 the definitions under sections #cejb and #ceeb apply to sections #cfjg through this section4 7b7 ,additional definitions ,in sections #cfjg through this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of ,general ,services4 7#b7 ,authorization package ,the term authorization package-- 7,a7 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 controls2 and 7,b7 at a minimum1 includes the information system security plan1 privacy plan1 security control assessment1 privacy control assessment1 and any relevant plans of action and milestones4 7#c7 ,cloud computing ,the term cloud computing has the meaning given that term by the ,national ,institutes of ,standards and ,technology in ,,nist ,special ,publication #hjj-ade and any amendatory or superseding document thereto4 7#d7 ,cloud service provider ,the term cloud service provider means an entity offering cloud computing products or services to agencies4 7#e7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#f7 ,fed,r,a,m,p ,the term ,fed,r,a,m,p means the ,federal ,risk and ,authorization ,management ,program established under section #cfjg7;a74 7#g7 ,fed,r,a,m,p authorization ,the term ,fed,r,a,m,p authorization means a certification that a cloud computing product or service received from an agency that provides an authorization to operate and the ,fed,r,a,m,p ,program ,management ,office has determined the product or service has completed the ,fed,r,a,m,p authorization process4 7#h7 ,fed,r,a,m,p program management office ,the term ,fed,r,a,m,p ,program ,management ,office means the office that administers ,fed,r,a,m,p established under section #cfjg7;b74 7#i7 ,fed,r,a,m,p provisional authorization ,the term ,fed,r,a,m,p provisional authorization means a certification that a cloud computing product or service has received from the ,joint ,authorization ,board that approves a provisional authorization to operate4 7#aj7 ,independent assessment organization ,the term independent assessment organization means a third-party organization accredited by the ,program ,director of the ,fed,r,a,m,p ,program ,management ,office to undertake conformity assessments of cloud service providers and their products or services4 7#aa7 ,joint ,authorization ,board ,the term ,joint ,authorization ,board means the ,joint ,authorization ,board established under section #cfjg7;b74 4 7b7 ,technical and conforming amendment ,the table of sections for chapter #cf of title #dd1 ,united ,states ,code1 is amended by adding at the end the following new items3 #cfjg4 ,federal ,risk and ,authorization ,management ,program4 #cfjh4 ,fed,r,a,m,p ,program ,management ,office4 #cfji4 ,joint ,authorization ,board4 #cfaj4 ,independent assessment organizations4 #cfaa4 ,roles and responsibilities of agencies4 #cfab4 ,roles and responsibilities of the ,office of ,management and ,budget4 #cfac4 ,authorization of appropriations for ,,fedramp4 #cfad4 ,reports to ,congress4 #cfae4 ,federal ,secure ,cloud ,advisory ,committee4 #cfaf4 ,definitions4 4 7c7 ,sunset ,this ,act and any amendment made by this ,act shall be repealed on the date that is #aj years after the date of the enactment of this ,act4 7d7 ,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 #ce of title #dd1 ,united ,states ,code4 ,passed the ,house of ,representatives ,january #e1 #bjba4;,clerk4