[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7084 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7084
To amend the Federal Food, Drug, and Cosmetic Act to require, for
purposes of ensuring cybersecurity, the inclusion in any premarket
submission for a cyber device of information to demonstrate a
reasonable assurance of safety and effectiveness throughout the
lifecycle of the cyber device, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
March 15, 2022
Mr. Burgess introduced the following bill; which was referred to the
Committee on Energy and Commerce
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A BILL
To amend the Federal Food, Drug, and Cosmetic Act to require, for
purposes of ensuring cybersecurity, the inclusion in any premarket
submission for a cyber device of information to demonstrate a
reasonable assurance of safety and effectiveness throughout the
lifecycle of the cyber device, 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 ``Protecting and Transforming Cyber
Health Care Act of 2022'' or the ``PATCH Act of 2022''.
SEC. 2. ENSURING CYBERSECURITY OF MEDICAL DEVICES.
(a) In General.--Subchapter A of chapter V of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at
the end the following:
``SEC. 524B. ENSURING CYBERSECURITY OF DEVICES.
``(a) In General.--For purposes of ensuring cybersecurity
throughout the lifecycle of a cyber device, any person who submits a
premarket submission for the cyber device shall include such
information as the Secretary may require to ensure that the cyber
device meets such cybersecurity requirements as the Secretary
determines to be appropriate to demonstrate a reasonable assurance of
safety and effectiveness, including at a minimum the cybersecurity
requirements under subsection (b). The Secretary may establish
exemptions to the requirements under this subsection.
``(b) Cybersecurity Requirements.--At a minimum, the manufacturer
of a cyber device shall meet the following cybersecurity requirements:
``(1) The manufacturer shall have a plan to appropriately
monitor, identify, and address in a reasonable time postmarket
cybersecurity vulnerabilities and exploits.
``(2) The manufacturer shall--
``(A) have a plan and procedures for a Coordinated
Vulnerability Disclosure to be part of submissions to
the Food and Drug Administration; and
``(B) collect and maintain such other information
as the Secretary may (by order published in the Federal
Register or by other process) require to demonstrate a
reasonable assurance of the safety and effectiveness of
the cyber device.
``(3) The manufacturer shall design, develop, and maintain
processes and procedures to make available updates and patches
to the cyber device and related systems throughout the
lifecycle of the cyber device to address--
``(A) on a reasonably justified regular cycle,
known unacceptable vulnerabilities; and
``(B) as soon as possible out of cycle, critical
vulnerabilities that could cause uncontrolled risks.
``(4) The manufacturer shall furnish to the Secretary a
software bill of materials, including commercial, open-sourced,
and off-the-shelf software components that will be provided to
users.
``(c) Substantial Equivalence.--In making a determination of
substantial equivalence under section 513(i) for a cyber device, the
Secretary may--
``(1) find that cybersecurity information for the cyber
device described in the relevant premarket submission in the
cyber device's use environment is inadequate; and
``(2) issue a nonsubstantial equivalence determination
based on this finding.
``(d) Definition.--In this section:
``(1) The term `cyber device' means a device that--
``(A) includes software; or
``(B) is intended to connect to the internet.
``(2) The term `lifecycle of the cyber device' includes the
postmarket lifecycle of the cyber device.
``(3) The term `premarket submission' means any submission
under section 510(k), 513, 515(c), 515(f), or 520(m).''.
(b) Prohibited Act.--Section 301(q) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 331(q)) is amended by adding at the end the
following:
``(3) The failure to comply with any requirement under section 524B
(relating to ensuring the cybersecurity).''.
(c) Adulteration.--Section 501 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 351) is amended by inserting after paragraph
(j) the following:
``(k) If it is a device with respect to which the sponsor is in
violation of section 524B (relating to ensuring cybersecurity).''.
(d) Misbranding.--Section 502(t) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352(t)) is amended--
(1) by striking ``or (3)'' and inserting ``(3)''; and
(2) by inserting before the period at the end the
following: ``, or (4) to furnish a software bill of materials
as required under section 524B (relating to ensuring the
cybersecurity)''.
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