[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3941 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  2d Session
                                H. R. 3941


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 10, 2020

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
    To enhance the innovation, security, and availability of cloud 
 computing 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 management, 
authorization, and continuous monitoring process to enable the Federal 
  Government to leverage cloud computing services using a risk-based 
approach consistent with the Federal Information Security Modernization 
    Act of 2014 and cloud-based operations, 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 ``Federal Risk and Authorization 
Management Program Authorization Act of 2019'' or the ``FedRAMP 
Authorization Act''.

SEC. 2. CODIFICATION OF THE FEDRAMP PROGRAM.

    (a) Amendment.--Chapter 36 of title 44, United States Code, is 
amended by adding at the end the following new sections:
``Sec. 3607. Federal Risk and Authorization Management Program
    ``(a) Establishment.--There is established within the General 
Services Administration the Federal Risk and Authorization Management 
Program. The Administrator of General Services, in accordance with the 
guidelines established pursuant to section 3612, 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 
agencies.
    ``(b) Components of Fedramp.--The Joint Authorization Board and the 
FedRAMP Program Management Office are established as components of 
FedRAMP.
``Sec. 3608. FedRAMP Program Management Office
    ``(a) GSA Duties.--
            ``(1) Roles and responsibilities.--The Administrator of 
        General Services shall--
                    ``(A) determine the categories and characteristics 
                of cloud computing information technology goods or 
                services that are within the jurisdiction of FedRAMP 
                and that require FedRAMP authorization from the Joint 
                Authorization Board or the FedRAMP Program Management 
                Office;
                    ``(B) develop, coordinate, and implement a process 
                for the FedRAMP Program Management Office, the Joint 
                Authorization Board, and agencies to review security 
                assessments of cloud computing services pursuant to 
                subsections (b) and (c) of section 3611, and 
                appropriate oversight of continuous monitoring of cloud 
                computing services; and
                    ``(C) ensure the continuous improvement of FedRAMP.
            ``(2) Implementation.--The Administrator shall oversee the 
        implementation of FedRAMP, including--
                    ``(A) appointing a Program Director to oversee the 
                FedRAMP Program Management Office;
                    ``(B) hiring professional staff as may be necessary 
                for the effective operation of the FedRAMP Program 
                Management Office, and such other activities as are 
                essential to properly perform critical functions;
                    ``(C) entering into interagency agreements to 
                detail personnel on a reimbursable or non-reimbursable 
                basis to assist the FedRAMP Program Management Office 
                and the Joint Authorization Board in discharging the 
                responsibilities of the Office under this section; and
                    ``(D) such other actions as the Administrator may 
                determine necessary to carry out this section.
    ``(b) Duties.--The FedRAMP Program Management Office shall have the 
following duties:
            ``(1) Provide guidance to independent assessment 
        organizations, validate the independent assessments, and apply 
        the requirements and guidelines adopted in section 3609(c)(5).
            ``(2) Oversee and issue guidelines regarding the 
        qualifications, roles, and responsibilities of independent 
        assessment organizations.
            ``(3) Develop templates and other materials to support the 
        Joint Authorization Board and agencies in the authorization of 
        cloud computing services to increase the speed, effectiveness, 
        and transparency of the authorization process, consistent with 
        standards defined by the National Institute of Standards and 
        Technology.
            ``(4) Establish and maintain a public comment process for 
        proposed guidance before the issuance of such guidance by 
        FedRAMP.
            ``(5) Issue FedRAMP authorization for any authorizations to 
        operate issued by an agency that meets the requirements and 
        guidelines described in paragraph (1).
            ``(6) Establish frameworks for agencies to use 
        authorization packages processed by the FedRAMP Program 
        Management Office and Joint Authorization Board.
            ``(7) Coordinate with the Secretary of Defense and the 
        Secretary of Homeland Security to establish a framework for 
        continuous monitoring and reporting required of agencies 
        pursuant to section 3553.
            ``(8) Establish a centralized and secure repository to 
        collect and share necessary data, including security 
        authorization packages, from the Joint Authorization Board and 
        agencies to enable better sharing and reuse to such packages 
        across agencies.
    ``(c) Evaluation of Automation Procedures.--
            ``(1) In general.--The FedRAMP Program Management Office 
        shall assess and evaluate available automation capabilities and 
        procedures to improve the efficiency and effectiveness of the 
        issuance of provisional authorizations to operate issued by the 
        Joint Authorization Board and FedRAMP authorizations, including 
        continuous monitoring of cloud environments and among cloud 
        environments.
            ``(2) Means for automation.--Not later than 1 year after 
        the date of the enactment of this section and updated annually 
        thereafter, the FedRAMP Program Management Office shall 
        establish a means for the automation of security assessments 
        and reviews.
    ``(d) Metrics for Authorization.--The FedRAMP Program Management 
Office shall establish annual metrics regarding the time and quality of 
the assessments necessary for completion of a FedRAMP authorization 
process in a manner that can be consistently tracked over time in 
conjunction with the periodic testing and evaluation process pursuant 
to section 3554 in a manner that minimizes the agency reporting burden.
``Sec. 3609. Joint Authorization Board
    ``(a) Establishment.--There is established the Joint Authorization 
Board which shall consist of cloud computing experts, appointed by the 
Director in consultation with the Administrator, from each of the 
following:
            ``(1) The Department of Defense.
            ``(2) The Department of Homeland Security.
            ``(3) The General Services Administration.
            ``(4) Such other agencies as determined by the Director, in 
        consultation with the Administrator.
    ``(b) Issuance of Provisional Authorizations to Operate.--The Joint 
Authorization Board shall conduct security assessments of cloud 
computing services and issue provisional authorizations to operate to 
cloud service providers that meet FedRAMP security guidelines set forth 
in section 3608(b)(1).
    ``(c) Duties.--The Joint Authorization Board shall--
            ``(1) develop and make publicly available on a website, 
        determined by the Administrator, criteria for prioritizing and 
        selecting cloud computing services to be assessed by the Joint 
        Authorization Board;
            ``(2) provide regular updates on the status of any cloud 
        computing service during the assessment and authorization 
        process of the Joint Authorization Board;
            ``(3) review and validate cloud computing services and 
        independent assessment organization security packages or any 
        documentation determined to be necessary by the Joint 
        Authorization Board to evaluate the system security of a cloud 
        computing service;
            ``(4) in consultation with the FedRAMP Program Management 
        Office, serve as a resource for best practices to accelerate 
        the FedRAMP process;
            ``(5) establish requirements and guidelines for security 
        assessments of cloud computing services, consistent with 
        standards defined by the National Institute of Standards and 
        Technology, to be used by the Joint Authorization Board and 
        agencies;
            ``(6) perform such other roles and responsibilities as the 
        Administrator may assign, in consultation with the FedRAMP 
        Program Management Office and members of the Joint 
        Authorization Board; and
            ``(7) establish metrics and goals for reviews and 
        activities associated with issuing provisional authorizations 
        to operate and provide to the FedRAMP Program Management 
        Office.
    ``(d) Determinations of Demand for Cloud Computing Services.--The 
Joint Authorization Board shall consult with the Chief Information 
Officers Council established in section 3603 to establish a process for 
prioritizing and accepting the cloud computing services to be granted a 
provisional authorization to operate through the Joint Authorization 
Board, which shall be made available on a public website.
    ``(e) Detail of Personnel.--To assist the Joint Authorization Board 
in discharging the responsibilities under this section, personnel of 
agencies may be detailed to the Joint Authorization Board for the 
performance of duties described under subsection (c).
``Sec. 3610. Independent assessment organizations
    ``(a) Requirements for Accreditation.--The Joint Authorization 
Board shall determine the requirements for certification of independent 
assessment organizations pursuant to section 3609. Such requirements 
may include developing or requiring certification programs for 
individuals employed by the independent assessment organizations who 
lead FedRAMP assessment teams.
    ``(b) Assessment.--Accredited independent assessment organizations 
may assess, validate, and attest to the quality and compliance of 
security assessment materials provided by cloud service providers.
``Sec. 3611. Roles and responsibilities of agencies
    ``(a) In General.--In implementing the requirements of FedRAMP, the 
head of each agency shall, consistent with guidance issued by the 
Director pursuant to section 3612--
            ``(1) create policies to ensure cloud computing services 
        used by the agency meet FedRAMP security requirements and other 
        risk-based performance requirements as defined by the Director;
            ``(2) issue agency-specific authorizations to operate for 
        cloud computing services in compliance with section 3554;
            ``(3) confirm whether there is a provisional authorization 
        to operate in the cloud security repository established under 
        section 3608(b)(10) issued by the Joint Authorization Board or 
        a FedRAMP authorization issued by the FedRAMP Program 
        Management Office before beginning an agency authorization for 
        a cloud computing product or service;
            ``(4) to the extent practicable, for any cloud computing 
        product or service the agency seeks to authorize that has 
        received either a provisional authorization to operate by the 
        Joint Authorization Board or a FedRAMP authorization by the 
        FedRAMP Program Management Office, use the existing assessments 
        of security controls and materials within the authorization 
        package; and
            ``(5) provide data and information required to the Director 
        pursuant to section 3612 to determine how agencies are meeting 
        metrics as defined by the FedRAMP Program Management Office.
    ``(b) Submission of Policies Required.--Not later than 6 months 
after the date of the enactment of this section, the head of each 
agency shall submit to the Director the policies created pursuant to 
subsection (a)(1) for review and approval.
    ``(c) Submission of Authorizations To Operate Required.--Upon 
issuance of an authorization to operate or a provisional authorization 
to operate issued by an agency, the head of each agency shall provide a 
copy of the authorization to operate letter and any supplementary 
information required pursuant to section 3608(b) to the FedRAMP Program 
Management Office.
    ``(d) Presumption of Adequacy.--
            ``(1) In general.--The assessment of security controls and 
        materials within the authorization package for provisional 
        authorizations to operate issued by the Joint Authorization 
        Board and agency authorizations to operate that receive FedRAMP 
        authorization from the FedRAMP Program Management Office shall 
        be presumed adequate for use in agency authorizations of cloud 
        computing products and services.
            ``(2) Information security requirements.--The presumption 
        under paragraph (1) does not modify or alter the responsibility 
        of any agency to ensure compliance with subchapter II of 
        chapter 35 for any cloud computing products or services used by 
        the agency.
``Sec. 3612. Roles and responsibilities of the Office of Management and 
              Budget
    ``The Director shall have the following duties:
            ``(1) Issue guidance to ensure that an agency does not 
        operate a Federal Government cloud computing service using 
        Government data without an authorization to operate issued by 
        the agency that meets the requirements of subchapter II of 
        chapter 35 and FedRAMP.
            ``(2) Ensure agencies are in compliance with any guidance 
        or other requirements issued related to FedRAMP.
            ``(3) Review, analyze, and update guidance on the adoption, 
        security, and use of cloud computing services used by agencies.
            ``(4) Ensure the Joint Authorization Board is in compliance 
        with section 3609(c).
            ``(5) Adjudicate disagreements between the Joint 
        Authorization Board and cloud service providers seeking a 
        provisional authorization to operate through the Joint 
        Authorization Board.
            ``(6) Promulgate regulations on the role of FedRAMP 
        authorization in agency acquisition of cloud computing products 
        and services that process unclassified information.
``Sec. 3613. Authorization of appropriations for FEDRAMP
    ``There is authorized to be appropriated $20,000,000 each year for 
the FedRAMP Program Management Office and the Joint Authorization 
Board.
``Sec. 3614. Reports to Congress
    ``Not later than 12 months after the date of the enactment of this 
section, and annually thereafter, 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 following:
            ``(1) The status, efficiency, and effectiveness of FedRAMP 
        Program Management Office and agencies during the preceding 
        year in supporting the speed, effectiveness, sharing, reuse, 
        and security of authorizations to operate for cloud computing 
        products and services, including progress towards meeting the 
        metrics adopted by the FedRAMP Program Management Office 
        pursuant to section 3608(d) and the Joint Authorization Board 
        pursuant to section 3609(c)(5).
            ``(2) Data on agency use of provisional authorizations to 
        operate issued by the Joint Authorization Board and agency 
        sponsored authorizations that receive FedRAMP authorization by 
        the FedRAMP Program Management Office.
            ``(3) The length of time for the Joint Authorization Board 
        to review applications for and issue provisional authorizations 
        to operate.
            ``(4) The length of time for the FedRAMP Program Management 
        Office to review agency applications for and issue FedRAMP 
        authorization.
            ``(5) The number of provisional authorizations to operate 
        issued by the Joint Authorization Board and FedRAMP 
        authorizations issued by the FedRAMP Program Management Office 
        for the previous year.
            ``(6) A review of progress made during the preceding year 
        in advancing automation techniques to securely automate FedRAMP 
        processes and to accelerate reporting as described in this 
        section.
            ``(7) The number and characteristics of authorized cloud 
        computing services in use at each agency consistent with 
        guidance provided by the Director in section 3612.
``Sec. 3615. Federal Secure Cloud Advisory Committee
    ``(a) Establishment, Purposes, and Duties.--
            ``(1) Establishment.--There is established a Federal Secure 
        Cloud Advisory Committee (referred to in this section as the 
        `Committee') to ensure effective and ongoing coordination of 
        agency adoption, use, authorization, monitoring, acquisition, 
        and security of cloud computing products and services to enable 
        agency mission and administrative priorities.
            ``(2) Purposes.--The purposes of the Committee are the 
        following:
                    ``(A) To examine the operations of FedRAMP and 
                determine ways that authorization processes can 
                continuously be improved, including the following:
                            ``(i) Measures to increase agency re-use of 
                        provisional authorizations to operate issued by 
                        the Joint Authorization Board.
                            ``(ii) Proposed actions that can be adopted 
                        to reduce the cost of provisional 
                        authorizations to operate and FedRAMP 
                        authorizations for cloud service providers.
                            ``(iii) Measures to increase the number of 
                        provisional authorizations to operate or 
                        FedRAMP authorizations for cloud computing 
                        services offered by small businesses (as 
                        defined by section 3(a) of the Small Business 
                        Act (15 U.S.C. 632(a)).
                    ``(B) Collect information and feedback on agency 
                compliance with and implementation of FedRAMP 
                requirements.
                    ``(C) Serve as a forum that facilitates 
                communication and collaboration among the FedRAMP 
                stakeholder community.
            ``(3) Duties.--The duties of the Committee are, at a 
        minimum, the following:
                    ``(A) Provide advice and recommendations to the 
                Administrator, the Joint Authorization Board, and to 
                agencies on technical, financial, programmatic, and 
                operational matters regarding secure adoption of cloud 
                computing services.
                    ``(B) Submit reports as required.
    ``(b) Members.--
            ``(1) Composition.--The Committee shall be comprised of not 
        more than 15 members who are qualified representatives from the 
        public and private sectors, appointed by the Administrator, in 
        consultation with the Administrator of the Office of Electronic 
        Government, as follows:
                    ``(A) The Administrator or the Administrator's 
                designee, who shall be the Chair of the Committee.
                    ``(B) At least one representative each from the 
                Cybersecurity and Infrastructure Security Agency and 
                the National Institute of Standards and Technology.
                    ``(C) At least two officials who serve as the Chief 
                Information Security Officer within an agency, who 
                shall be required to maintain such a position 
                throughout the duration of their service on the 
                Committee.
                    ``(D) At least one official serving as Chief 
                Procurement Officer (or equivalent) in an agency, who 
                shall be required to maintain such a position 
                throughout the duration of their service on the 
                Committee.
                    ``(E) At least one individual representing an 
                independent assessment organization.
                    ``(F) No fewer than five representatives from 
                unique businesses that primarily provide cloud 
                computing services or products, including at least two 
                representatives from a small business (as defined by 
                section 3(a) of the Small Business Act (15 U.S.C. 
                632(a))).
                    ``(G) At least two other government representatives 
                as the Administrator determines to be necessary to 
                provide sufficient balance, insights, or expertise to 
                the Committee.
            ``(2) Deadline for appointment.--Each member of the 
        Committee shall be appointed not later than 30 days after the 
        date of the enactment of this Act.
            ``(3) Period of appointment; vacancies.--
                    ``(A) In general.--Each non-Federal member of the 
                Committee shall be appointed for a term of 3 years, 
                except that the initial terms for members may be 
                staggered 1, 2, or 3 year terms to establish a rotation 
                in which one-third of the members are selected each 
                year. Any such member may be appointed for not more 
                than 2 consecutive terms.
                    ``(B) Vacancies.--Any vacancy in the Committee 
                shall not affect its powers, but shall be filled in the 
                same manner in which the original appointment was made. 
                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 term. A member may serve after 
                the expiration of that member's term until a successor 
                has taken office.
    ``(c) Meetings and Rules of Procedures.--
            ``(1) Meetings.--The Committee shall hold not fewer than 
        three meetings in a calendar year, at such time and place as 
        determined by the Chair.
            ``(2) Initial meeting.--Not later than 120 days after the 
        date of the enactment of this section, the Committee shall meet 
        and begin the operations of the Committee.
            ``(3) Rules of procedure.--The Committee may establish 
        rules for the conduct of the business of the Committee, if such 
        rules are not inconsistent with this section or other 
        applicable law.
    ``(d) Employee Status.--
            ``(1) In general.--A member of the Committee (other than a 
        member who is appointed to the Committee in connection with 
        another Federal appointment) shall not be considered an 
        employee of the Federal Government by reason of any service as 
        such a member, except for the purposes of section 5703 of title 
        5, relating to travel expenses.
            ``(2) Pay not permitted.--A member of the Committee covered 
        by paragraph (1) may not receive pay by reason of service on 
        the panel.
    ``(e) Applicability to the Federal Advisory Committee Act.--
Notwithstanding any other provision of law, the Federal Advisory 
Committee Act (5 U.S.C. App.) shall apply to the Committee, except that 
section 14 of such Act shall not apply.
    ``(f) Hearings and Evidence.--The Committee, or on the authority of 
the Committee, any subcommittee, may, for the purposes of carrying out 
this section, hold hearings, sit and act at such times and places, take 
testimony, receive evidence, and administer oaths.
    ``(g) Contracting.--The Committee, may, to such extent and in such 
amounts as are provided in appropriation Acts, enter into contracts to 
enable the Committee to discharge its duties under this section.
    ``(h) Information From Federal Agencies.--
            ``(1) In general.--The Committee is authorized to secure 
        directly from any executive department, bureau, agency, board, 
        commission, office, independent establishment, or 
        instrumentality of the Government, information, suggestions, 
        estimates, and statistics for the purposes of the Committee. 
        Each department, bureau, agency, board, commission, office, 
        independent establishment, or instrumentality shall, to the 
        extent authorized by law, furnish such information, 
        suggestions, estimates, and statistics directly to the 
        Committee, upon request made by the Chair, the Chair of any 
        subcommittee created by a majority of the Committee, or any 
        member designated by a majority of the Committee.
            ``(2) Receipt, handling, storage, and dissemination.--
        Information may only be received, handled, stored, and 
        disseminated by members of the Committee and its staff 
        consistent with all applicable statutes, regulations, and 
        Executive orders.
    ``(i) Detail of Employees.--Any Federal Government employee may be 
detailed to the Committee without reimbursement from the Committee, and 
such detailee shall retain the rights, status, and privileges of his or 
her regular employment without interruption.
    ``(j) Postal Services.--The Committee may use the United States 
mails in the same manner and under the same conditions as agencies.
    ``(k) Expert and Consultant Services.--The Committee is authorized 
to procure the services of experts and consultants in accordance with 
section 3109 of title 5, but at rates not to exceed the daily rate paid 
a person occupying a position at Level IV of the Executive Schedule 
under section 5315 of title 5.
    ``(l) Reports.--
            ``(1) Interim reports.--The Committee may submit to the 
        Administrator and Congress interim reports containing such 
        findings, conclusions, and recommendations as have been agreed 
        to by the Committee.
            ``(2) Annual reports.--Not later than 18 months after the 
        date of the enactment of this section, and annually thereafter, 
        the Committee shall submit to the Administrator and Congress a 
        final report containing such findings, conclusions, and 
        recommendations as have been agreed to by the Committee.
``Sec. 3616. Definitions
    ``(a) In General.--Except as provided under subsection (b), the 
definitions under sections 3502 and 3552 apply to sections 3607 through 
this section.
    ``(b) Additional Definitions.--In sections 3607 through this 
section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of General Services.
            ``(2) Authorization package.--The term `authorization 
        package'--
                    ``(A) 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 controls; and
                    ``(B) at a minimum, includes the information system 
                security plan, privacy plan, security control 
                assessment, privacy control assessment, and any 
                relevant plans of action and milestones.
            ``(3) Cloud computing.--The term `cloud computing' has the 
        meaning given that term by the National Institutes of Standards 
        and Technology in NIST Special Publication 800-145 and any 
        amendatory or superseding document thereto.
            ``(4) Cloud service provider.--The term `cloud service 
        provider' means an entity offering cloud computing services to 
        agencies.
            ``(5) Director.--The term `Director' means the Director of 
        the Office of Management and Budget.
            ``(6) Fedramp.--The term `FedRAMP' means the Federal Risk 
        and Authorization Management Program established under section 
        3607(a).
            ``(7) Fedramp authorization.--The term `FedRAMP 
        authorization' means a cloud computing product or service that 
        has received an agency authorization to operate and has been 
        approved by the FedRAMP Program Management Office to meet 
        requirements and guidelines established by the FedRAMP Program 
        Management Office.
            ``(8) Fedramp program management office.--The term `FedRAMP 
        Program Management Office' means the office that administers 
        FedRAMP established under section 3608.
            ``(9) Independent assessment organization.--The term 
        `independent assessment organization' means a third-party 
        organization accredited by the Program Director of the FedRAMP 
        Program Management Office to undertake conformity assessments 
        of cloud service providers.
            ``(10) Joint authorization board.--The term `Joint 
        Authorization Board' means the Joint Authorization Board 
        established under section 3609.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 36 of title 44, United States Code, is amended by adding at the 
end the following new items:

``3607. Federal Risk and Authorization Management Program.
``3608. FedRAMP Program Management Office.
``3609. Joint Authorization Board.
``3610. Independent assessment organizations.
``3611. Roles and responsibilities of agencies.
``3612. Roles and responsibilities of the Office of Management and 
                            Budget.
``3613. Authorization of appropriations for FEDRAMP.
``3614. Reports to Congress.
``3615. Federal Secure Cloud Advisory Committee.
``3616. Definitions.''.
    (c) Sunset.--This Act and any amendment made by this Act shall be 
repealed on the date that is 10 years after the date of the enactment 
of this Act.
    (d) 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 35 of 
title 44, United States Code.

            Passed the House of Representatives February 5, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.