Sec. 3. Establishment of interagency committee to harmonize regulatory regimes in the United States relating to cybersecurity
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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. The National Cyber Director shall provide the Committee with administrative and management support as appropriate. The Committee shall be composed of— the National Cyber Director; the head of each regulatory agency; the head of the Office of Information and Regulatory Affairs of the Office of Management and Budget; and the head of other appropriate agencies, as determined by the chair of the Committee.
The Committee shall maintain a list of the agencies that are represented on the Committee on a publicly available website. The National Cyber Director shall be the chair of the Committee. The Committee shall develop, deliver to Congress, and make publicly available a charter, which shall— include the processes and rules of the Committee; and detail— the objective and scope of the Committee; and other items as necessary. 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.
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. The framework shall contain, at a minimum, processes for— establishing a reciprocal compliance mechanism for minimum requirements relating to information security or cybersecurity for entities regulated by more than 1 regulatory agency; identifying cybersecurity requirements that are overly burdensome, inconsistent, or contradictory, as determined by the Committee; and developing recommendations for updating regulations, guidance, and examinations to address overly burdensome, inconsistent, or contradictory cybersecurity requirements identified under subparagraph
(B)to achieve harmonization. Upon completion of the regulatory framework, the Committee shall publish the regulatory framework in the Federal Register. Not fewer than 3 regulatory agencies, selected by the Committee, shall carry out a pilot program to implement the regulatory framework established under subsection
(e)with respect to not fewer than 3 cybersecurity requirements. 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). Participation in the pilot program by a regulated entity shall be voluntary. 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. 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 to 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. Notwithstanding any other provision of law— before prescribing any cybersecurity requirement, the head of a regulatory agency shall consult with the Committee regarding such requirement and the regulatory framework established under subsection (e); and 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. Following a consultation under paragraph (1), the Committee shall make a determination in writing to the agency, in coordination with the Office of Management and Budget as necessary, that shall— include to what degree the proposed cybersecurity requirement or update to the cybersecurity requirement aligns with the regulatory framework; and provide a list of recommendations to improve the cybersecurity requirement and align it with the regulatory framework. The Committee shall consult with appropriate Sector Risk Management Agencies in the development of the regulatory framework under subsection
(e)and the implementation of the pilot program under subsection (f). Not later than 12 months after the date of enactment of this Act, and annually thereafter, the Committee shall submit to the appropriate congressional committees a report detailing— member participation; and the application of the regulatory framework, once developed, on cybersecurity requirements, including consultations or discussions with regulators. Not later than 12 months after the date on which the pilot program begins, the Committee shall submit to the appropriate congressional committees a report detailing— the cybersecurity requirements selected for the program, including the reasons that the regulatory agency and cybersecurity requirement were selected; the information learned from the program; any obstacles encountered during the program; and an assessment of the applicability of expanding the program to other agencies and cybersecurity requirements.