[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3099 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 3099
To amend title 44, United States Code, to establish the Federal Risk
and Authorization Management Program within the General Services
Administration, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 28, 2021
Mr. Peters (for himself, Ms. Hassan, Mr. Hawley, and Mr. Daines)
introduced the following bill; which was read twice and referred to the
Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To amend title 44, United States Code, to establish the Federal Risk
and Authorization Management Program within the General Services
Administration, 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 Secure Cloud Improvement and
Jobs Act of 2021''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Ensuring that the Federal Government can securely
leverage cloud computing products and services is key to
expediting the modernization of legacy information technology
systems, increasing cybersecurity within and across departments
and agencies, and supporting the continued leadership of the
United States in technology innovation and job creation.
(2) According to independent analysis, as of calendar year
2019, the size of the cloud computing market had tripled since
2004, enabling more than 2,000,000 jobs and adding more than
$200,000,000,000 to the gross domestic product of the United
States.
(3) The Federal Government, across multiple presidential
administrations and Congresses, has continued to support the
ability of agencies to move to the cloud, including through--
(A) President Barack Obama's ``Cloud First
Strategy'';
(B) President Donald Trump's ``Cloud Smart
Strategy'';
(C) the prioritization of cloud security in
Executive Order 14208 (86 Fed. Reg. 26633; relating to
improving the Nation's cybersecurity), which was issued
by President Joe Biden; and
(D) more than a decade of appropriations and
authorization legislation that provides agencies with
relevant authorities and appropriations to modernize
on-premises information technology systems and more
readily adopt cloud computing products and services.
(4) Since it was created in 2011, the Federal Risk and
Authorization Management Program (referred to in this section
as ``FedRAMP'') at the General Services Administration has made
steady and sustained improvements in supporting the secure
authorization and reuse of cloud computing products and
services within the Federal Government, including by reducing
the costs and burdens on both agencies and cloud companies to
quickly and securely enter the Federal market.
(5) According to data from the General Services
Administration, as of the end of fiscal year 2021, there were
239 cloud providers with FedRAMP authorizations, and those
authorizations had been reused more than 2,700 times across
various agencies.
(6) Providing a legislative framework for FedRAMP and new
authorities to the General Services Administration, the Office
of Management and Budget, and Federal agencies will--
(A) improve the speed at which new cloud computing
products and services can be securely authorized;
(B) enhance the ability of agencies to effectively
evaluate FedRAMP authorized providers for reuse;
(C) reduce the costs and burdens to cloud providers
seeking a FedRAMP authorization; and
(D) provide for more robust transparency and
dialogue between industry and the Federal Government to
drive stronger adoption of secure cloud capabilities,
create jobs, and reduce wasteful legacy information
technology.
SEC. 3. TITLE 44 AMENDMENTS.
(a) Amendment.--Chapter 36 of title 44, United States Code, is
amended by adding at the end the following:
``Sec. 3607. Definitions
``(a) In General.--Except as provided under subsection (b), the
definitions under sections 3502 and 3552 apply to this section through
section 3616.
``(b) Additional Definitions.--In this section through section
3616:
``(1) Cloud computing.--The term `cloud computing' has the
meaning given the term in Special Publication 800-145 of the
National Institute of Standards and Technology.
``(2) Cloud service provider.--The term `cloud service
provider' means an entity offering cloud computing products or
services to agencies.
``(3) FedRAMP.--The term `FedRAMP' means the Federal Risk
and Authorization Management Program established under section
3608.
``(4) FedRAMP authorization.--The term `FedRAMP
authorization' means a certification that a cloud computing
product or service has--
``(A) completed a FedRAMP authorization process, as
determined by the Administrator of General Services; or
``(B) received a FedRAMP provisional authorization
to operate, as determined by the FedRAMP Board.
``(5) FedRAMP authorization package.--The term `FedRAMP
authorization package' means the essential information that can
be used by an agency to determine whether to authorize the
operation of an information system or the use of a designated
set of common controls for all cloud computing products and
services authorized by FedRAMP.
``(6) FedRAMP board.--The term `FedRAMP Board' means the
board established under section 3610.
``(7) Independent assessment organization.--The term
`independent assessment organization' means a third-party
organization accredited by the Administrator of General
Services to undertake conformity assessments of cloud service
providers and their products or services.
``(8) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``Sec. 3608. Federal Risk and Authorization Management Program
``There is established within the General Services Administration
the Federal Risk and Authorization Management Program. The
Administrator of General Services, subject to section 3613, shall
establish a Government-wide program that provides a standardized,
reusable approach to security assessment and authorization for cloud
computing products and services that process unclassified information
used by agencies.
``Sec. 3609. Roles and responsibilities of the General Services
Administration
``(a) Roles and Responsibilities.--The Administrator of General
Services shall--
``(1) in consultation with the Secretary, develop,
coordinate, and implement a process to support agency review,
reuse, and standardization, where appropriate, of security
assessments of cloud computing products and services,
including, as appropriate, oversight of continuous monitoring
of cloud computing products and services, pursuant to guidance
issued by the Director pursuant to section 3613;
``(2) establish processes and identify criteria consistent
with guidance issued by the Director under section 3613 to make
a cloud computing product or service eligible for a FedRAMP
authorization and validate whether a cloud computing product or
service has a FedRAMP authorization;
``(3) develop and publish templates, best practices,
technical assistance, and other materials to support the
authorization of cloud computing products and services and
increase the speed, effectiveness, and transparency of the
authorization process, consistent with standards established by
the Director of the National Institute of Standards and
Technology and relevant statutes;
``(4) grant FedRAMP authorizations to cloud computing
products and services consistent with the guidance and
direction of the FedRAMP Board;
``(5) establish and maintain a public comment process for
proposed guidance and other FedRAMP directives that may have a
direct impact on cloud service providers and agencies before
the issuance of such guidance or other FedRAMP directives;
``(6) coordinate with the FedRAMP Board, the Director of
the Cybersecurity and Infrastructure Security Agency, and other
entities identified by the Administrator of General Services,
with the concurrence of the Director and the Secretary, to
establish and regularly update a framework for continuous
monitoring under section 3553;
``(7) provide a secure mechanism for storing and sharing
necessary data, including FedRAMP authorization packages, to
enable better reuse of such packages across agencies, including
making available any information and data necessary for
agencies to fulfill the requirements of section 3612;
``(8) provide regular updates to applicant cloud service
providers on the status of any cloud computing product or
service during an assessment process;
``(9) regularly review, in consultation with the FedRAMP
Board, the costs associated with the independent assessment
services of the third-party organizations described in section
3611;
``(10) support the Federal Secure Cloud Advisory Committee
established pursuant to section 3616; and
``(11) take such other actions as the Administrator of
General Services may determine necessary to carry out FedRAMP.
``(b) Website.--
``(1) In general.--The Administrator of General Services
shall maintain a public website to serve as the authoritative
repository for FedRAMP, including the timely publication and
updates for all relevant information, guidance, determinations,
and other materials required under subsection (a).
``(2) Criteria and process for fedramp authorization
priorities.--The Administrator of General Services shall
develop and make publicly available on the website described in
paragraph (1) the criteria and process for prioritizing and
selecting cloud computing products and services that will
receive a FedRAMP authorization, in consultation with the
FedRAMP Board and the Chief Information Officers Council.
``(c) Evaluation of Automation Procedures.--
``(1) In general.--The Administrator of General Services,
in coordination with the Secretary, shall assess and evaluate
available automation capabilities and procedures to improve the
efficiency and effectiveness of the issuance of FedRAMP
authorizations, including continuous monitoring of cloud
computing products and services.
``(2) Means for automation.--Not later than 1 year after
the date of enactment of this section, and updated regularly
thereafter, the Administrator of General Services shall
establish a means for the automation of security assessments
and reviews.
``(d) Metrics for Authorization.--The Administrator of General
Services 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. 3610. FedRAMP Board
``(a) Establishment.--There is established a FedRAMP Board to
provide input and recommendations to the Administrator of General
Services regarding the requirements and guidelines for, and the
prioritization of, security assessments of cloud computing products and
services.
``(b) Membership.--The FedRAMP Board shall consist of not more than
7 senior officials or experts from agencies appointed by the Director,
in consultation with the Administrator of General Services, 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 of General Services.
``(c) Qualifications.--Members of the FedRAMP Board appointed under
subsection (b) shall have technical expertise in domains relevant to
FedRAMP, such as--
``(1) cloud computing;
``(2) cybersecurity;
``(3) privacy;
``(4) risk management; and
``(5) other competencies identified by the Director to
support the secure authorization of cloud services and
products.
``(d) Duties.--The FedRAMP Board shall--
``(1) in consultation with the Administrator of General
Services, serve as a resource for best practices to accelerate
the process for obtaining a FedRAMP authorization;
``(2) establish and regularly update requirements and
guidelines for security authorizations of cloud computing
products and services, consistent with standards established by
the Director of the National Institute of Standards and
Technology, to be used in the determination of FedRAMP
authorizations;
``(3) monitor and oversee, to the greatest extent
practicable, the processes and procedures by which agencies
determine and validate requirements for a FedRAMP
authorization, including periodic review of the agency
determinations described in section 3612(b);
``(4) ensure consistency and transparency between agencies
and cloud service providers in a manner that minimizes
confusion and engenders trust; and
``(5) perform such other roles and responsibilities as the
Director may assign, with concurrence from the Administrator of
General Services.
``(e) Determinations of Demand for Cloud Computing Products and
Services.--The FedRAMP Board may consult with the Chief Information
Officers Council to establish a process, which may be made available on
the website maintained under section 3609(b), for prioritizing and
accepting the cloud computing products and services to be granted a
FedRAMP authorization.
``Sec. 3611. Independent assessment organizations
``(a) Requirements for Accreditation.--The Administrator of General
Services may, consistent with guidance issued by the Director,
determine the requirements for accreditation of a third-party
organization to perform independent assessments and other activities
that will improve the overall performance of FedRAMP and reduce the
cost of FedRAMP authorizations for cloud service providers. Such
requirements may include developing or requiring certification programs
for individuals employed by the third-party organization seeking
accreditation.
``(b) Certification.--The Administrator of General Services may
accredit any third-party organization that meets the requirements for
accreditation determined under subsection (a). If accredited pursuant
to the requirements determined under subsection (a), a certified
independent assessment organization may assess, validate, and attest to
the quality and compliance of security assessment materials provided by
cloud service providers.
``Sec. 3612. 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 3613--
``(1) promote the use of cloud computing products and
services that meet FedRAMP security requirements and other
risk-based performance requirements as determined by the
Director, in consultation with the Secretary;
``(2) confirm whether there is a FedRAMP authorization in
the secure mechanism provided under section 3609(a)(7) before
beginning the process of granting a FedRAMP authorization for a
cloud computing product or service;
``(3) to the extent practicable, for any cloud computing
product or service the agency seeks to authorize that has
received a FedRAMP authorization, use the existing assessments
of security controls and materials within the FedRAMP
authorization package; and
``(4) provide data and information required to the Director
pursuant to section 3613 to determine how agencies are meeting
metrics established by the Administrator of General Services.
``(b) Attestation.--Upon completing an assessment or authorization
activity with respect to a particular cloud computing product or
service, if an agency determines that the information and data the
agency has reviewed under paragraph (2) or (3) of subsection (a) is
wholly or substantially deficient for the purposes of performing an
authorization of the cloud computing product or service, the head of
the agency shall document as part of the resulting FedRAMP
authorization package the reasons for this determination.
``(c) Submission of Authorizations To Operate Required.--Upon
issuance of an agency authorization to operate based on a FedRAMP
authorization, the head of the agency shall provide a copy of its
authorization to operate letter and any supplementary information
required pursuant to section 3609(a) to the Administrator of General
Services.
``(d) Submission of Policies Required.--Not later than 180 days
after the date on which the Director issues guidance in accordance with
section 3613, the head of each agency, acting through the agency chief
information officer of the agency, shall submit to the Director all
agency policies relating to the authorization of cloud computing
products and services.
``(e) Presumption of Adequacy.--
``(1) In general.--The assessment of security controls and
materials within the authorization package for a FedRAMP
authorization shall be presumed adequate for use in an agency
authorization to operate cloud computing products and services.
``(2) Information security requirements.--The presumption
under paragraph (1) does not modify or alter--
``(A) 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; or
``(B) the authority of the head of any agency to
make a determination that there is a demonstrable need
for additional security requirements beyond the
security requirements included in a FedRAMP
authorization for a particular control implementation.
``Sec. 3613. Roles and responsibilities of the Office of Management and
Budget
``(a) Roles and Responsibilities.--The Director shall--
``(1) in consultation with the Administrator of General
Services and the Secretary, issue guidance that--
``(A) specifies the categories or characteristics
of cloud computing products and services that are
within the scope of FedRAMP;
``(B) includes requirements for agencies to obtain
a FedRAMP authorization when operating a cloud
computing product or service described in subparagraph
(A) as a Federal information system; and
``(C) encompasses, to the greatest extent
practicable, all necessary and appropriate cloud
computing products and services;
``(2) issue guidance describing additional responsibilities
of FedRAMP and the FedRAMP Board to accelerate the adoption of
secure cloud computing services by the Federal Government;
``(3) oversee the effectiveness of FedRAMP and the FedRAMP
Board, including the compliance by the FedRAMP Board with the
duties described in section 3610(d); and
``(4) to the greatest extent practicable, encourage and
promote consistency of the assessment, authorization, adoption,
and use of cloud computing products and services within and
across agencies.
``Sec. 3614. Authorization of appropriations for FedRAMP
``There is authorized to be appropriated to the Administrator of
General Services $20,000,000 for each fiscal year for FedRAMP and the
FedRAMP Board.
``Sec. 3615. Reports to congress; GAO report
``(a) Reports to Congress.--Not later than 1 year after the date of
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) During the preceding year, the status, efficiency,
and effectiveness of the General Services Administration under
section 3609 and agencies under section 3612 and in supporting
the speed, effectiveness, sharing, reuse, and security of
authorizations to operate for cloud computing products and
services.
``(2) Progress towards meeting the metrics required under
section 3609(d).
``(3) Data on FedRAMP authorizations.
``(4) The average length of time to issue FedRAMP
authorizations.
``(5) The number of FedRAMP authorizations submitted,
issued, and denied for the preceding year.
``(6) A review of progress made during the preceding year
in advancing automation techniques to securely automate FedRAMP
processes and to accelerate reporting under this section.
``(7) The number and characteristics of authorized cloud
computing products and services in use at each agency
consistent with guidance provided by the Director under section
3613.
``(b) GAO Report.--Not later than 180 days after the date of
enactment of this section, the Comptroller General of the United States
shall publish a report that includes an assessment of the following:
``(1) The costs incurred by agencies and cloud service
providers relating to the issuance of FedRAMP authorizations.
``(2) The extent to which agencies have processes in place
to continuously monitor cloud computing products and services
operating as Federal information systems.
``(3) How often and for which categories of products
agencies use FedRAMP authorizations.
``(4) The unique costs and potential burdens incurred by
cloud computing companies that are small business concerns (as
defined in section 3(a) of the Small Business Act (15 U.S.C.
632(a))) as a part of the FedRAMP authorization process.
``Sec. 3616. 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 reuse of
FedRAMP authorizations.
``(ii) Proposed actions that can be adopted
to reduce the burden, confusion, and cost
associated with FedRAMP authorizations for
cloud service providers.
``(iii) Measures to increase the number of
FedRAMP authorizations for cloud computing
services offered by small businesses concerns
(as defined by section 3(a) of the Small
Business Act (15 U.S.C. 632(a))).
``(iv) Proposed actions that can be adopted
to reduce the burden and cost of FedRAMP
authorizations for agencies.
``(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 include
providing advice and recommendations to the Administrator of
General Services, the FedRAMP Board, and agencies on technical,
financial, programmatic, and operational matters regarding
secure adoption of cloud computing products and services.
``(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 of
General Services, in consultation with the Director, as
follows:
``(A) The Administrator of General Services or the
Administrator of General Services's designee, who shall
be the Chair of the Committee.
``(B) At least 1 representative each from the
Cybersecurity and Infrastructure Security Agency and
the National Institute of Standards and Technology.
``(C) At least 2 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 1 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 1 individual representing an
independent assessment organization.
``(F) No fewer than 5 representatives from unique
businesses that primarily provide cloud computing
services or products, including at least two
representatives from a small business concern (as
defined by section 3(a) of the Small Business Act (15
U.S.C. 632(a))).
``(G) At least 2 other representatives of the
Federal Government as the Administrator of General
Services determines 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 90 days after the
date of enactment of this section.
``(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 3
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 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 Committee.
``(e) Applicability to the Federal Advisory Committee Act.--Section
14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Committee.
``(f) 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.
``(g) Postal Services.--The Committee may use the United States
mails in the same manner and under the same conditions as agencies.
``(h) Reports.--
``(1) Interim reports.--The Committee may submit to the
Administrator of General Services and Congress interim reports
containing such findings, conclusions, and recommendations as
have been agreed to by the Committee.
``(2) Annual reports.--Not later than 540 days after the
date of enactment of this section, and annually thereafter, the
Committee shall submit to the Administrator of General Services
and Congress a final report containing such findings,
conclusions, and recommendations as have been agreed to by the
Committee.''.
(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. Definitions.
``3608. Federal Risk and Authorization Management Program.
``3609. Roles and responsibilities of the General Services
Administration.
``3610. FedRAMP Board.
``3611. Independent assessment organizations.
``3612. Roles and responsibilities of agencies.
``3613. Roles and responsibilities of the Office of Management and
Budget.
``3614. Authorization of appropriations for FedRAMP.
``3615. Reports to congress; GAO report.
``3616. Federal Secure Cloud Advisory Committee.''.
(c) Sunset.--
(1) In general.--Effective on the date that is 5 years
after the date of enactment of this Act, chapter 36 of title
44, United States Code, is amended by striking sections 3607
through 3616.
(2) Conforming amendment.--Effective on the date that is 5
years after the date of enactment of this Act, the table of
sections for chapter 36 of title 44, United States Code, is
amended by striking the items relating to sections 3607 through
3616.
(d) Rule of Construction.--Nothing in this section or any amendment
made by this section 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.
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