H.R. 872

119th CONGRESS 1st Session

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

IN THE SENATE OF THE UNITED STATES · March 4, 2025 · Committee: Committee on Homeland Security and Governmental Affairs

Table of contents

• H.R. 872
  • SEC. 1. Short title
  • SEC. 2. Federal contractor vulnerability disclosure policy

SEC. 1. Short title

• This Act may be cited as the Federal Contractor Cybersecurity Vulnerability Reduction Act of 2025.

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—
      • review the Federal Acquisition Regulation contract requirements and language for contractor vulnerability disclosure programs; and
      • 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 NIST guidelines for contractors as required under section 5 of the IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3c; ). Public Law 116–207
• (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 update the FAR 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.
• (c) Elements
  • The update to the FAR pursuant to subsection (b) shall—
    • 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 and 278g–3d); and Public Law 116–207
    • 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 determines that the waiver is necessary in the interest of national security or research purposes; and
    • if, not later than 30 days after granting a waiver, such head submits a notification and justification (including information about the duration of the waiver) to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
• (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 contract requirements and language for contractor vulnerability disclosure programs and develop updates to such requirements designed to ensure that covered contractors implement a vulnerability disclosure policy consistent with NIST guidelines for contractors as required under section 5 of the IoT Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3c; ). Public Law 116–207
  • (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, in consultation with the National Manager for National Security Systems, may waive the security vulnerability disclosure policy requirements under paragraph (2) if the Chief Information Officer—
      • determines that the waiver is necessary in the interest of national security or research purposes; and
      • not later than 30 days after granting a waiver, submits a notification and justification (including information about the duration of the waiver) to the Committees on Armed Services of the House of Representatives and the Senate.
• (f) Definitions
  • In this section:
    • The term has the meaning given the term in section 3502 of title 44, United States Code. agency
    • The term means a contractor (as defined in section 7101 of title 41, United States Code)— covered contractor
    • The term means the Department of Defense Supplement to the Federal Acquisition Regulation. DFARS
    • The term has the meaning given that term in section 101 of title 5, United States Code. Executive department
    • The term means the Federal Acquisition Regulation. FAR
    • The term means the National Institute of Standards and Technology. NIST
    • The term means the Office of Management and Budget. OMB
    • The term has the meaning given that term in section 2200 of the Homeland Security Act of 2002 (). security vulnerability 6 U.S.C. 650
    • The term has the meaning given that term in section 134 of title 41, United States Code. simplified acquisition threshold