Overview

Title

To require Federal contractors to implement a vulnerability disclosure policy consistent with NIST guidelines, and for other purposes.

ELI5 AI

Federal contractors have to follow special rules to find and fix problems in their computer systems, just like following instructions in a guidebook. If it's important for protecting the country or for special projects, some rules can be skipped, but they have to explain why.

Summary AI

S. 5028 requires federal contractors to establish a vulnerability disclosure policy in line with guidelines from the National Institute of Standards and Technology (NIST). The bill mandates updates to the Federal Acquisition Regulation to include requirements for contractors to identify and address potential security vulnerabilities in information systems they use under federal contracts. The bill also allows for waivers in certain cases for reasons of national security or research, and ensures the Department of Defense's regulations are similarly updated. Additionally, no new funding is authorized to implement the provisions of this bill.

Published

2024-12-19
Congress: 118
Session: 2
Chamber: SENATE
Status: Reported to Senate
Date: 2024-12-19
Package ID: BILLS-118s5028rs

Bill Statistics

Size

Sections:
5
Words:
2,036
Pages:
12
Sentences:
43

Language

Nouns: 689
Verbs: 145
Adjectives: 75
Adverbs: 14
Numbers: 122
Entities: 153

Complexity

Average Token Length:
4.70
Average Sentence Length:
47.35
Token Entropy:
5.01
Readability (ARI):
27.98

AnalysisAI

Summary of the Bill

The "Federal Contractor Cybersecurity Vulnerability Reduction Act of 2024" aims to enhance cybersecurity protocols among federal contractors by mandating the implementation of vulnerability disclosure policies. These policies are to align with guidelines from the National Institute of Standards and Technology (NIST). The bill establishes a framework whereby the Office of Management and Budget (OMB), in tandem with other federal agencies, will revise and update federal contractor guidelines within 180 days. Additionally, similar updates are required for the Department of Defense's contracting regulations. The bill also contains provisions for agencies to waive these requirements for reasons of national security or research.

Summary of Significant Issues

One of the most notable concerns is the bill's restriction against authorizing additional funding for its implementation. This limitation could hamper the execution of mandates that might require financial resources. Furthermore, the waiver provisions in the bill allow flexibility in bypassing the requirements. While this is essential for national security and research, the subjective nature of these waivers may lead to inconsistent usage. Moreover, the bill necessitates coordination among various government entities, which could result in bureaucratic delays. The legislation's complex language and specialized terms may also hinder understanding and accessibility for the general public.

Impact on the Public

The bill's emphasis on improving federal contractor cybersecurity can be seen as a necessary response to increasing concerns over data breaches and cyber threats. By aligning contractor policies with national standards, the public can expect enhanced protection of sensitive information handled by federal contractors. However, the lack of additional funding could challenge the effectiveness of these improvements. If resources are inadequate, the intended cybersecurity enhancements might not be fully realized, potentially leaving vulnerabilities unaddressed.

For smaller contractors unfamiliar with the specified standards, the bill could introduce compliance challenges, possibly leading to a competitive disadvantage. These entities might face resource allocation issues to meet the demands of aligning with NIST guidelines or established international standards. Larger contractors, who are already compliant, might see this as an advantage, establishing a broader gap between companies of differing sizes.

Impact on Stakeholders

For federal agencies and departments, the bill adds the responsibility of reviewing and updating regulatory frameworks in a timely manner. This requires coordination with multiple entities, such as the Cybersecurity and Infrastructure Security Agency (CISA) and NIST, potentially adding to administrative burdens. The waiver allowances also place significant responsibility on Chief Information Officers, demanding judicious decisions that consider both security needs and operational continuity.

The bill may positively impact cybersecurity firms and consultants who could see increased demand for their services as contractors strive to meet the new requirements. Conversely, small and medium-sized enterprises (SMEs) in the contracting space may face challenges in meeting these standards without additional guidance or resources. This could necessitate seeking external expertise, thus impacting their operational costs.

In conclusion, the "Federal Contractor Cybersecurity Vulnerability Reduction Act of 2024" is a well-meaning attempt to bolster cybersecurity measures. Yet, its practical implications, especially around funding and waiver provisions, pose challenges that could influence its successful implementation and fairness across the involved stakeholders.

Issues

  • The lack of additional funding authorized in Section 3 may limit the resources necessary for effectively implementing the Act, potentially impacting its execution and efficacy. This could be a significant concern if implementing the Act requires financial resources that are not currently allocated.

  • Sections 2(d) and 2(e)(4) outline waiver provisions that allow agency and Department of Defense Chief Information Officers to bypass security vulnerability disclosure policy requirements. The subjective nature of determining what is 'necessary in the interest of national security or research purposes' could lead to inconsistent application and potential exploitation, raising ethical and security concerns.

  • The potential for bureaucratic delays in implementing changes due to the requirement of coordination among multiple entities (e.g., Cybersecurity and Infrastructure Security Agency, NIST, Federal Acquisition Regulation Council) is a significant issue outlined in Section 2. This coordination might slow down necessary updates, impacting the effectiveness and timeliness of policy implementation.

  • The language used in Sections 2(a), 2(b), and 2(c) could be perceived as overly complex, with specialized terms and references that may limit accessibility and understanding for individuals not well-versed in legislative or cybersecurity frameworks, raising concerns about transparency and public accessibility.

  • Section 2 mentions aligning with industry best practices and International Standards Organization standards, which might favor organizations that are already compliant, potentially disadvantaging smaller contractors unfamiliar with these standards. This raises concerns about fairness and equal opportunity for smaller entities in federal contracting.

  • Sections 2(a) and 2(e)(1) require reviewing and updating the FAR and DFARS within specific timeframes but do not provide clarity on the consequences or accountability measures if these deadlines are not met, posing a significant risk of non-compliance without repercussions.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill provides its short title, which is the “Federal Contractor Cybersecurity Vulnerability Reduction Act of 2024.”

2. Federal contractor vulnerability disclosure policy Read Opens in new tab

Summary AI

The bill requires the Office of Management and Budget, in consultation with several federal agencies, to update vulnerability disclosure policies for federal contractors within 180 days. These updates aim to align with existing national standards and industry best practices. It also allows agency heads to waive these requirements for national security or research reasons, provided they justify the waiver to Congress within 30 days. The Department of Defense must conduct similar updates to their regulations.

1. Short title Read Opens in new tab

Summary AI

The first section of this Act specifies its official name as the “Federal Contractor Cybersecurity Vulnerability Reduction Act of 2024.”

2. Federal contractor vulnerability disclosure policy Read Opens in new tab

Summary AI

The section outlines steps for updating federal contractor guidelines on reporting security vulnerabilities, based on recommendations from several government agencies. It requires these updates to align with existing cybersecurity standards and allows agencies to waive this requirement for national security or research reasons, with proper notification.

3. No additional funding Read Opens in new tab

Summary AI

The section states that no extra money will be allocated or budgeted to implement this Act.