21 USC 360n-2 - Ensuring cybersecurity of devices

U.S Code last checked for updates: May 05, 2024

§ 360n–2.

Ensuring cybersecurity of devices

(a)

In general

(b)

Cybersecurity requirements

The sponsor of an application or submission described in subsection (a) shall—

(1)

submit to the Secretary a plan to monitor, identify, and address, as appropriate, in a reasonable time, postmarket cybersecurity vulnerabilities and exploits, including coordinated vulnerability disclosure and related procedures;

(2)

design, develop, and maintain processes and procedures to provide a reasonable assurance that the device and related systems are cybersecure, and make available postmarket updates and patches to the device and related systems 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;

(3)

provide to the Secretary a software bill of materials, including commercial, open-source, and off-the-shelf software components; and

(4)

comply with such other requirements as the Secretary may require through regulation to demonstrate reasonable assurance that the device and related systems are cybersecure.

(c)

Definition

In this section, the term “cyber device” means a device that—

(1)

includes software validated, installed, or authorized by the sponsor as a device or in a device;

(2)

has the ability to connect to the internet; and

(3)

contains any such technological characteristics validated, installed, or authorized by the sponsor that could be vulnerable to cybersecurity threats.

(d)

Exemption

(June 25, 1938, ch. 675, § 524B, as added Pub. L. 117–328, div. FF, title III, § 3305(a), Dec. 29, 2022, 136 Stat. 5832.)

cite as: 21 USC 360n-2