executive departments and agencies (agencies) that are responsible for investigating or
remediating cyber incidents, such as the Cybersecurity and Infrastructure Security Agency
(CISA), the Federal Bureau of Investigation (FBI), and other elements of the Intelligence
Community (IC). Removing these contractual barriers and increasing the sharing of
information about such threats, incidents, and risks are necessary steps to accelerating
incident deterrence, prevention, and response efforts and to enabling more effective
defense of agencies’ systems and of information collected, processed, and maintained by
or for the Federal Government.
(b) Within 60 days of the date of this order, the Director of the Office of Management
and Budget (OMB), in consultation with the Secretary of Defense, the Attorney General,
the Secretary of Homeland Security, and the Director of National Intelligence, shall
review the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition
Regulation Supplement contract requirements and language for contracting with IT and
OT service providers and recommend updates to such requirements and language to the
FAR Council and other appropriate agencies. The recommendations shall include
descriptions of contractors to be covered by the proposed contract language.
(c) The recommended contract language and requirements described in subsection (b)
of this section shall be designed to ensure that:
(i) service providers collect and preserve data, information, and reporting relevant
to cybersecurity event prevention, detection, response, and investigation on all
information systems over which they have control, including systems operated on behalf
of agencies, consistent with agencies’ requirements;
(ii) service providers share such data, information, and reporting, as they relate to
cyber incidents or potential incidents relevant to any agency with which they have
contracted, directly with such agency and any other agency that the Director of OMB, in
consultation with the Secretary of Defense, the Attorney General, the Secretary of
Homeland Security, and the Director of National Intelligence, deems appropriate,
consistent with applicable privacy laws, regulations, and policies;
(iii) service providers collaborate with Federal cybersecurity or investigative
agencies in their investigations of and responses to incidents or potential incidents on
Federal Information Systems, including by implementing technical capabilities, such as
monitoring networks for threats in collaboration with agencies they support, as needed;
and
(iv) service providers share cyber threat and incident information with agencies,
doing so, where possible, in industry-recognized formats for incident response and
remediation.
(d) Within 90 days of receipt of the recommendations described in subsection (b) of
this section, the FAR Council shall review the proposed contract language and conditions
and, as appropriate, shall publish for public comment proposed updates to the FAR.
(e) Within 120 days of the date of this order, the Secretary of Homeland Security and
the Director of OMB shall take appropriate steps to ensure to the greatest extent possible
that service providers share data with agencies, CISA, and the FBI as may be necessary for
the Federal Government to respond to cyber threats, incidents, and risks.
(f) It is the policy of the Federal Government that:
(i) information and communications technology (ICT) service providers entering
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