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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5310 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5310
To amend title 41, United States Code, to require information
technology contractors to maintain a vulnerability disclosure policy
and program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 29, 2023
Mr. Lieu introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To amend title 41, United States Code, to require information
technology contractors to maintain a vulnerability disclosure policy
and program, 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 ``Improving Contractor Cybersecurity
Act''.
SEC. 2. VULNERABILITY DISCLOSURE POLICY AND PROGRAM REQUIRED FOR
INFORMATION TECHNOLOGY CONTRACTORS.
(a) Amendment.--Chapter 47 of division C of subtitle I of title 41,
United States Code, is amended by adding at the end the following new
section:
``Sec. 4715. Vulnerability disclosure policy and program required
``(a) Requirements for Information Technology Contractors.--The
head of an executive agency may not enter into a contract for
information technology unless the contractor maintains or does the
following:
``(1) A vulnerability disclosure policy for information
technology that--
``(A) includes--
``(i) a description of which systems are in
scope;
``(ii) the type of information technology
testing for each system that is allowed (or
specifically not authorized);
``(iii) if a contractor includes systems
that host sensitive information in the
vulnerability disclosure policy, the contractor
shall determine whether to impose restrictions
on accessing, copying, transferring, storing,
using, and retaining such information,
including by--
``(I) prohibiting sensitive
information from being saved, stored,
transferred, or otherwise accessed
after initial discovery;
``(II) directing that sensitive
information be viewed only to the
extent required to identify a
vulnerability and that the information
not be retained; or
``(III) limiting use of information
obtained from interacting with the
systems or services to be explored by
the researcher to activities directly
related to reporting security
vulnerabilities;
``(iv) a description of how an individual
may submit a vulnerability report that
includes--
``(I) the location of where to send
the report, such as a web form or email
address;
``(II) a description of the type of
information necessary to find and
analyze the vulnerability (such as a
description, the location, and
potential impact of the vulnerability,
the technical information needed to
reproduce the vulnerability, and any
proof of concept); and
``(III) a clear statement--
``(aa) that any individual
that submits a vulnerability
report may do so anonymously;
and
``(bb) on how and whether
any incomplete submission is
evaluated;
``(v) a commitment from the contractor that
the contractor will not pursue civil action for
any accidental, good faith violation of the
vulnerability disclosure policy;
``(vi) a commitment from the contractor
that if an individual acting in accordance with
the vulnerability disclosure policy of the
contractor is sued by a third party, the
contractor will inform the public or the court
that the individual was acting in compliance
with the vulnerability disclosure policy;
``(vii) a statement that describes the time
frame in which the individual that submits a
report, if known, will receive a notification
of receipt of the report and a description of
what steps will be taken by the contractor
during the remediation process; and
``(viii) a set of guidelines that
establishes what type of activity by a
researcher are acceptable and unacceptable; and
``(B) does not--
``(i) require the submission of personally
identifiable information of a researcher; and
``(ii) limit testing solely to entities
approved by the contractor but rather
authorizes the public to search for and report
any vulnerability.
``(2) A description of additional procedures that describe
how the contractor will communicate with the researcher, and
how and when any communication occurs.
``(3) A description of the target timelines for and
tracking of the following:
``(A) Notification of receipt to the individual
that submits the report, if known.
``(B) An initial assessment, such as determining
whether any disclosed vulnerability is valid.
``(C) Resolution of a vulnerability, including
notification of the outcome to the researcher.
``(4) A page on the website of the contractor that--
``(A) allows for the submission of vulnerabilities
by anyone relating to the information technology;
``(B) lists the contact information, such as a
phone number or email address for an individual or team
responsible for reviewing any such submission under
subparagraph (A); and
``(C) describes the process by which a review is
conducted, including how long it will take for the
contractor to respond to researcher and whether or not
monetary rewards will be paid to the reporter for
identifying a vulnerability.
``(5) In the case of a discovered vulnerability that the
contractor is not responsible for patching, the contractor
shall submit the vulnerability to the responsible party or
direct the researcher to the appropriate party.
``(b) Reporting Requirements and Metrics.--Not later than 7 days
after the date on which the vulnerability disclosure policy described
in subsection (a) is published, and on an ongoing basis as
vulnerability reports are received, an information technology
contractor shall report to the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security the following
information:
``(1) Any valid or credible report of a not previously
known public vulnerability (including any misconfiguration) on
a system that uses commercial software or services that affect
or are likely to affect other parties in government or industry
once a patch or viable mitigation is available.
``(2) Any other situation where the contractor determines
it would be helpful or necessary to involve the Cybersecurity
and Infrastructure Security Agency.
``(c) CISA Submission of Vulnerabilities.--The Cybersecurity and
Infrastructure Security Agency shall communicate with and submit, as
necessary, vulnerabilities to the MITRE Common Vulnerabilities and
Exposures database and the National Institute of Standards and
Technology National Vulnerability Database.
``(d) Definitions.--In this section:
``(1) Executive agency.--The term `executive agency' has
the meaning given that term in section 133.
``(2) Researcher.--The term `researcher' means the
individual who submits a vulnerability report.
``(3) Information technology.--The term `information
technology' has the meaning given that term in section 11101 of
title 40.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 47 of division C of subtitle I of title 41, United States Code,
is amended by adding at the end the following new item:
``4715. Vulnerability disclosure policy and program
required.''.
(c) Applicability.--The amendments made by this section shall take
effect on the date of the enactment of this section and shall apply to
any contract entered into on or after such effective date.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Accountability.
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