[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5028 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 5028
To require Federal contractors to implement a vulnerability disclosure
policy consistent with NIST guidelines, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 11, 2024
Mr. Warner (for himself and Mr. Lankford) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require Federal contractors to implement a vulnerability disclosure
policy consistent with NIST guidelines, 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 Contractor Cybersecurity
Vulnerability Reduction Act of 2024''.
SEC. 2. FEDERAL CONTRACTOR VULNERABILITY DISCLOSURE POLICY.
(a) Recommendations.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in consultation with the Director of the
Cybersecurity and Infrastructure Security Agency, the National
Cyber Director, the Director of the National Institute of
Standards and Technology, and any other appropriate head of an
Executive department, shall--
(A) review the Federal Acquisition Regulation (FAR)
contract requirements and language for contractor
vulnerability disclosure programs; and
(B) recommend updates to such requirements and
language to the Federal Acquisition Regulation Council.
(2) Contents.--The recommendations required by paragraph
(1) shall include updates to such requirements designed to
ensure that covered contractors implement a vulnerability
disclosure policy consistent with National Institute of
Standards and Technology (NIST) guidelines for contractors as
required under section 5 of the IoT Cybersecurity Improvement
Act of 2020 (15 U.S.C. 278g-3c).
(b) Procurement Requirements.--Not later than 180 days after the
date on which the recommended contract language developed pursuant to
subsection (a) is received, the Federal Acquisition Regulation Council
shall review the recommended contract language and amend the FAR as
necessary to incorporate requirements for covered contractors to
solicit and address information about potential security
vulnerabilities relating to an information system owned or controlled
by the contractor that is used in performance of a Federal contract.
(c) Elements.--The update to the FAR pursuant to subsection (b)
shall--
(1) to the maximum extent practicable, align with the
security vulnerability disclosure process and coordinated
disclosure requirements relating to Federal information systems
under sections 5 and 6 of the IoT Cybersecurity Improvement Act
of 2020 (15 U.S.C. 278g-3c, 278g-3d); and
(2) to the maximum extent practicable, be aligned with
industry best practices and Standards 29147 and 30111 of the
International Standards Organization (or any successor
standard) or any other appropriate, relevant, and widely used
standard.
(d) Waiver.--The head of an agency may waive the security
vulnerability disclosure policy requirement under subsection (b) if the
agency Chief Information Officer--
(1) determines that the waiver is necessary in the interest
of national security or research purposes; and
(2) not later than 30 days after granting the waiver,
submits a notification and justification, including information
about the duration of the waiver, to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Accountability of the House of
Representatives.
(e) Department of Defense Supplement to the Federal Acquisition
Regulation.--
(1) Review.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall review
the Department of Defense Supplement to the Federal Acquisition
Regulation (DFARS) contract requirements and language for
contractor vulnerability disclosure programs and develop
updates to such requirements designed to ensure that covered
contractors, to the maximum extent practicable, align with the
security vulnerability disclosure process and coordinated
disclosure requirements relating to Federal information systems
under sections 5 and 6 of the IoT Cybersecurity Improvement Act
of 2020 (15 U.S.C. 278g-3c, 278g-3d).
(2) Revisions.--Not later than 180 days after the date on
which the review required under subsection (a) is completed,
the Secretary shall revise the DFARS as necessary to
incorporate requirements for covered contractors to receive
information about a potential security vulnerability relating
to an information system owned or controlled by a contractor,
in performance of the contract.
(3) Elements.--The Secretary shall ensure that the revision
to the DFARS described in this subsection is carried out in
accordance with the requirements of paragraphs (1) and (2) of
subsection (c).
(4) Waiver.--The Chief Information Officer of the
Department of Defense may waive the security vulnerability
disclosure policy requirements under paragraph (2) if the Chief
Information Officer--
(A) determines that the waiver is necessary in the
interest of national security or research purposes; and
(B) not later than 30 days after granting the
waiver, submits a notification and justification,
including information about the duration of the waiver,
to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of
Representatives.
(f) Definitions.--In this section:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(2) Covered contractor.--The term ``covered contractor''
means a contractor (as defined in section 7101 of title 41,
United States Code)--
(A) whose contract is in an amount the same as or
greater than the simplified acquisition threshold; or
(B) that uses, operates, manages, or maintains a
Federal information system (as defined by section 11331
of title 40, United Stated Code) on behalf of an
agency.
(3) Executive department.--The term ``Executive
department'' has the meaning given that term in section 101 of
title 5, United States Code.
(4) Security vulnerability.--The term ``security
vulnerability'' has the meaning given that term in section 2200
of the Homeland Security Act of 2002 (6 U.S.C. 650).
(5) Simplified acquisition threshold.--The term
``simplified acquisition threshold'' has the meaning given that
term in section 134 of title 41, United States Code.
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