[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10123 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 10123
To establish an interagency committee to harmonize regulatory regimes
in the United States relating to cybersecurity, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 14, 2024
Mr. Higgins of Louisiana introduced the following bill; which was
referred to the Committee on Oversight and Accountability, and in
addition to the Committee on Homeland Security, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To establish an interagency committee to harmonize regulatory regimes
in the United States relating to cybersecurity, 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 ``Streamlining Federal Cybersecurity
Regulations Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Oversight and Accountability
of the House of Representatives;
(C) each committee of Congress with jurisdiction
over the activities of a regulatory agency; and
(D) each committee of Congress with jurisdiction
over the activities of a Sector Risk Management Agency
with respect to a sector regulated by a regulatory
agency.
(3) Committee.--The term ``Committee'' means the
Harmonization Committee established under section 3(a).
(4) Cybersecurity requirement.--The term ``cybersecurity
requirement'' means an administrative, technical, or physical
safeguard, requirement, or supervisory activity, including
regulations, guidance, bulletins, or examinations, relating to
information security, security of information technology or
operational technology, cybersecurity, or cyber risk or
resilience.
(5) Harmonization.--
(A) Definition.--The term ``harmonization'' means
the process of aligning cybersecurity requirements
issued by regulatory agencies such that the
requirements consist of--
(i) a common set of minimum requirements
that may apply across sectors and that can be
updated periodically to address new or evolving
risks relating to information security or
cybersecurity; and
(ii) sector-specific requirements, which
may include performance-based requirements,
that--
(I) are necessary to address
sector-specific risks that are not
adequately addressed by the minimum
requirements described in clause (i);
and
(II) are substantially similar,
where appropriate, to other
requirements in that sector or a
similar sector.
(B) Rule of construction.--Nothing in this
definition shall be construed to exempt regulatory
agencies from any otherwise applicable processes or
laws relating to updating regulations, including
subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the
``Administrative Procedure Act'').
(6) Independent regulatory agency.--The term ``independent
regulatory agency'' has the meaning given that term in section
3502 of title 44, United States Code.
(7) Reciprocity.--The term ``reciprocity'' means the
recognition or acceptance by 1 regulatory agency of an
assessment, determination, examination, finding, or conclusion
of another regulatory agency for determining that a regulated
entity has complied with a cybersecurity requirement.
(8) Regulatory agency.--The term ``regulatory agency''
means--
(A) any independent regulatory agency that has the
statutory authority to issue or enforce any mandatory
cybersecurity requirement; or
(B) any other agency that has the statutory
authority to issue or enforce any cybersecurity
requirement.
(9) Regulatory framework.--The term ``regulatory
framework'' means the framework developed under section
3(e)(1).
(10) Sector risk management agency.--The term ``Sector Risk
Management Agency'' has the meaning given that term in section
2200 of the Homeland Security Act of 2002 (6 U.S.C. 650).
SEC. 3. ESTABLISHMENT OF INTERAGENCY COMMITTEE TO HARMONIZE REGULATORY
REGIMES IN THE UNITED STATES RELATING TO CYBERSECURITY.
(a) Harmonization Committee.--
(1) In general.--The National Cyber Director shall
establish an interagency committee to be known as the
Harmonization Committee to enhance the harmonization of
cybersecurity requirements that are applicable within the
United States.
(2) Support.--The National Cyber Director shall provide the
Committee with administrative and management support as
appropriate.
(b) Members.--
(1) In general.--The Committee shall be composed of--
(A) the National Cyber Director;
(B) the head of each regulatory agency;
(C) the head of the Office of Information and
Regulatory Affairs of the Office of Management and
Budget; and
(D) the head of other appropriate agencies, as
determined by the chair of the Committee.
(2) Publication of list of members.--The Committee shall
maintain, on a publicly available website, a list of the
agencies that are represented on the Committee, and shall
update the list as members are added or removed.
(c) Chair.--The National Cyber Director shall be the chair of the
Committee.
(d) Charter.--The Committee shall develop, deliver to Congress, and
make publicly available a charter, which shall--
(1) include the processes and rules of the Committee; and
(2) detail--
(A) the objective and scope of the Committee; and
(B) other items as necessary.
(e) Regulatory Framework for Harmonization.--
(1) In general.--
(A) Framework.--
(i) In general.--Not later than 1 year
after the date of enactment of this Act, the
Committee shall develop a regulatory framework
for achieving harmonization of the
cybersecurity requirements of each regulatory
agency.
(ii) Development.--The process for
developing such regulatory framework shall
include the opportunity for public comment and
consultation with industry experts and other
stakeholders.
(B) Factors.--In developing the framework under
subparagraph (A), the Committee shall account for
existing sector-specific cybersecurity requirements
that are identified as unique or critical to a sector.
(2) Minimum requirements.--The framework shall contain, at
a minimum, processes for--
(A) establishing a reciprocal compliance mechanism
for minimum requirements relating to information
security or cybersecurity for entities regulated by
more than 1 regulatory agency;
(B) identifying cybersecurity requirements that are
overly burdensome, inconsistent, or contradictory, as
determined by the Committee; and
(C) developing recommendations for updating
regulations, guidance, and examinations to address
overly burdensome, inconsistent, or contradictory
cybersecurity requirements identified under
subparagraph (B) to achieve harmonization.
(3) Publication.--Upon completion of the regulatory
framework, the Committee shall publish the regulatory framework
in the Federal Register.
(f) Pilot Program on Implementation of Regulatory Framework.--
(1) In general.--Not fewer than 3 regulatory agencies,
selected by the Committee, shall carry out a pilot program to
implement the regulatory framework with respect to not fewer
than 3 cybersecurity requirements.
(2) Participation by regulatory agencies and regulated
entities.--
(A) Regulatory agencies.--Participation in the
pilot program by a regulatory agency shall be voluntary
and subject to the consent of the regulatory agency
following selection by the Committee under paragraph
(1).
(B) Regulated entities.--Participation in the pilot
program by a regulated entity shall be voluntary.
(3) Selection of cybersecurity requirements.--Cybersecurity
requirements selected for the pilot program under paragraph (1)
shall contain substantially similar or substantially related
requirements such that not fewer than 2 of the selected
cybersecurity requirements govern the same regulated entity
with substantially similar or substantially related
requirements relating to information security or cybersecurity.
(4) Waivers.--
(A) In general.--Notwithstanding any provision of
subchapter II of chapter 5, and chapter 7, of title 5,
United States Code (commonly known as the
``Administrative Procedure Act'') and subject to the
consent of any participating regulated entity, in
implementing the pilot program under paragraph (1), a
regulatory agency participating in the pilot program
shall have the authority, as the regulatory agency
determines appropriate, to both issue waivers and
establish alternative procedures for regulated entities
participating in the pilot program with respect to the
cybersecurity requirements included under the pilot
program.
(B) Compliance.--A regulated entity that notifies a
regulator of the entity's participation in a pilot
program shall be deemed in compliance with the waived
requirements to the extent that the entity complies
with requirements of the pilot program.
(5) Subsequent pilot program.--The Committee may only
authorize an additional pilot program after the later of--
(A) the date of the conclusion of all 3 initial
pilot programs under paragraph (1); and
(B) the date of submission of all reports required
under subsection (i) for each initial pilot program.
(g) Consultation With the Committee.--
(1) In general.--Notwithstanding any other provision of
law--
(A) except when an exigent circumstance described
in paragraph (3) exists, before prescribing any
cybersecurity requirement, the head of a regulatory
agency shall consult with the Committee regarding such
requirement and the regulatory framework; and
(B) independent regulatory agencies, when updating
any existing cybersecurity requirement or issuing a
potential new cybersecurity requirement, shall consult
the Committee during the development of the updated
cybersecurity requirement or the new cybersecurity
requirement to ensure that the requirement is aligned
to the greatest extent possible with the regulatory
framework.
(2) Consultation report.--Following a consultation under
paragraph (1), the Committee, in coordination with the Office
of Management and Budget as necessary, shall provide to the
agency a report that shall--
(A) include to what degree the proposed
cybersecurity requirement or update to the
cybersecurity requirement aligns with the regulatory
framework, taking into consideration the authorities of
the agency; and
(B) provide a list of recommendations to improve
the cybersecurity requirement and to align the
cybersecurity requirement with the regulatory
framework.
(3) Exigent circumstances.--In the case of an exigent
circumstance where an agency is authorized by law to act
expeditiously, the agency shall notify the Committee as soon as
possible.
(h) Consultation With Sector Risk Management Agencies.--The
Committee shall consult with appropriate Sector Risk Management
Agencies in the development of the regulatory framework and the
implementation of the pilot program under subsection (f) and shall
consult with members of industry and critical infrastructure, as
appropriate, for the development of the regulatory framework and pilot
program.
(i) Reports.--
(1) Annual report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Committee
shall submit to the appropriate congressional committees a
report detailing--
(A) member participation, including the rationale
for any nonparticipation by Committee members;
(B) the application of the regulatory framework,
once developed, on cybersecurity requirements,
including consultations or discussions with regulators;
and
(C) any report made under subsection (g)(2).
(2) Pilot program report.--Not later than 1 year after the
date on which a pilot program under subsection (f) begins, the
Committee shall submit to the appropriate congressional
committees a report detailing--
(A) the cybersecurity requirements selected for the
program, including--
(i) the reasons that the regulatory agency
and cybersecurity requirement were selected;
(ii) a list of the pilot programs
considered by the Committee; and
(iii) the rationale for selecting the pilot
program;
(B) the information learned from the program;
(C) any obstacles encountered during the program;
and
(D) an assessment of the applicability of expanding
the program to other agencies and cybersecurity
requirements.
SEC. 4. STATUS UPDATES ON INCIDENT REPORTING.
(a) Status Update on Memoranda of Agreement.--Not later than 180
days after the date of enactment of this Act, and not less frequently
than every 180 days thereafter until the date that is 1 year after the
date that the final rule required under section 2242 of the Homeland
Security Act of 2002 (6 U.S.C. 681b) is published in the Federal
Register, the Director of the Cybersecurity and Infrastructure Security
Agency shall provide to the appropriate congressional committees a
status update on the development and implementation of documented
agreements between agencies required under section 104(a)(5) of the
Cyber Incident Reporting for Critical Infrastructure Act of 2022 (6
U.S.C. 681g(a)(5)).
(b) Yearly Briefing on Activities of the Cyber Incident Reporting
Council.--Section 2246 of the Homeland Security Act of 2002 (6 U.S.C.
681f) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b) Not later than 1 year after the date of enactment of the
Streamlining Federal Cybersecurity Regulations Act, and not less
frequently than every 1 year thereafter until the date that is 7 years
after the date of enactment of such Act, the Secretary shall brief the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
on the activities of the Cyber Incident Reporting Council.''.
SEC. 5. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed--
(1) to expand or alter the existing regulatory authorities
of any agency, including any independent regulatory agency,
except for exemptions under section 3(f) to implement the pilot
program established under that section; or
(2) to provide any such agency any new or additional
regulatory authorities.
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