[Federal Register: March 3, 2010 (Volume 75, Number 41)]
[Proposed Rules]
[Page 9563-9568]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204 and 252
Defense Federal Acquisition Regulation Supplement; Safeguarding
Unclassified Information (DFARS Case 2008-D028)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Advance notice of proposed rulemaking (ANPR) and notice of
public meeting.
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SUMMARY: DoD is seeking comments from Government and industry on
potential changes to the Defense Federal Acquisition Regulation
Supplement (DFARS) to address requirements for the safeguarding of
unclassified information. The changes would add a new subpart and
associated contract clauses for the safeguarding, proper handling, and
cyber intrusion reporting of unclassified DoD information within
industry.
DATES: Public Meeting: A public meeting will be held on April 22, 2010,
from 8 a.m. to 4 p.m. EST. Attendees should register for the public
meeting at least 2 weeks in advance to ensure adequate room
accommodations. Registrants will be given priority if room constraints
require limits on attendance. Attendees wishing to make a short, issue-
based 10-minute presentation on this topic should submit a copy of the
presentation to the address shown below.
Special Accommodations: The public meeting is physically accessible
to people with disabilities. Requests for sign language interpretation
or other auxiliary aids should be directed to Mr. Julian Thrash,
telephone 703-602-0310, at least 10 working days prior to the meeting
date.
Submission of Comments: Comments on this ANPR should be submitted
in writing to the address shown below no later than May 3, 2010.
ADDRESSES: Public Meeting: The public meeting will be held in the
National Aeronautics and Space Administration's (NASA) James E. Webb
Memorial auditorium, NASA HQ, 300 E Street SW., Washington, DC 20546.
Interested parties may register by faxing the following information to
DPAP(DARS) at 703-602-0350, or e-mail to julian.thrash@osd.mil by April
8, 2010:
(1) Company or organization name;
(2) Names of persons attending;
[[Page 9564]]
(3) Identity, if desiring to speak; limit to a 10-minute
presentation per company or organization.
Interested parties are encouraged to arrive at least 30 minutes early.
If you wish to make a presentation, please contact and submit a copy of
your presentation by April 8, 2010, to Mr. Julian Thrash, OUSD (AT&L)
DPAP (DARS), 3060 Defense Pentagon, Room 3B855, Washington, DC 20302-
3060; Fax: 703-602-0350. Please cite ``Public Meeting, DFARS Case 2008-
D028'' in all correspondence related to this public meeting. The
submitted presentations will be the only record of the public meeting.
If you intend to have your presentation considered as a public comment
for the formation of a proposed rule, the presentation must be
submitted separately as a written comment as instructed below.
Submission of Comments: You may submit written comments, identified
by DFARS Case 2008-D028, using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2008-D028 in the
subject line of the message.
Fax: 703-602-0350.
Mail: Defense Acquisition Regulations System, Attn: Mr. Julian
Thrash, OUSD (AT&L) DPAP (DARS), 3060 Defense Pentagon, Room 3B855,
Washington, DC 20301-3060.
Hand Delivery/Courier: Defense Acquisition Regulations System,
Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-
3402.
Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Julian Thrash, 703-602-0310.
SUPPLEMENTARY INFORMATION: This ANPR and notice of public meeting is a
preliminary step in the rulemaking process for DFARS Case 2008-D028
that may be followed by issuance of a proposed rule in the future. The
DFARS presently does not address the safeguarding of unclassified DoD
information within industry, nor does it address cyber intrusion
reporting for that information. The purpose of the potential DFARS
changes addressed in this ANPR is to implement adequate security
measures to safeguard DoD information on unclassified industry
information systems from unauthorized access and disclosure, and to
prescribe reporting to the Government with regard to certain cyber
intrusion events that affect DoD information resident or transiting on
contractor unclassified information systems. This ANPR does not address
procedures for Government sharing of cyber security threat information
with industry; this issue will be addressed separately through follow-
on rulemaking procedures as appropriate. These changes to the DFARS
address requirements for the safeguarding of unclassified information
and may be altered as necessary to align with any future direction
given in response to on-going efforts currently being led by the
National Archives and Records Administration regarding Controlled
Unclassified Information (CUI).
This ANPR addresses--
(1) Basic safeguarding requirements that apply to any unclassified
DoD information that has not been cleared for public release in
accordance with DoD Directive 5230.9, Clearance of DoD Information for
Public Release; and
(2) Enhanced safeguarding requirements, including cyber incident
reporting, that apply to information subject to the following:
a. Critical Program Information protection.
b. Export control under International Traffic in Arms Regulations
and Export Administration Regulations.
c. Withholding from public release under DoD Directive 5400.07, DoD
Freedom of Information Act Program, and DoD Regulation 5400.7-R, DoD
Freedom of Information Program.
d. Controlled access and dissemination designations (e.g., For
Official Use Only, Sensitive But Unclassified, Limited Distribution,
Proprietary, Originator Controlled, Law Enforcement Sensitive).
e. Limitations in accordance with DoD Directive 5230.24,
Distribution Statements on Technical Documents and DoD Directive
5230.25, Withholding of Unclassified Technical Data from Public
Disclosure.
f. Personally Identifiable Information protection including, but
not limited to, information protected pursuant to the Privacy Act and
the Health Insurance Portability and Accountability Act.
The potential DFARS changes would revise the prescription for the
existing clause at DFARS 252.204-7000, Disclosure of Information, and
would add two new clauses for DoD information safeguarding
requirements: DFARS 252.204-7XXX, Basic Safeguarding of Unclassified
DoD Information Within Industry, and DFARS 252.204-7YYY, Enhanced
Safeguarding and Cyber Intrusion Reporting of Unclassified DoD
Information Within Industry. As the titles imply, DFARS 252.204-7XXX
would require contractors to protect DoD information from unauthorized
disclosure, loss, or exfiltration by employing basic information
technology security measures, while DFARS 252.204-7YYY would require
enhanced information technology security measures applicable to
encryption of data for storage and transmission, network protection and
intrusion detection, and cyber intrusion reporting. Enhanced protection
measures are planned for the information specified in paragraph (2)
above. A cyber intrusion reporting requirement is contemplated for
enhanced protection to assess the impact of loss and to improve
protection by better understanding the methods of loss; it is not
required to implement the basic information safeguarding requirements
at DFARS 252.204-7XXX.
DoD is interested in receiving input regarding ``best practices''
for protecting networks and data, experience with any of the proposed
safeguards, and an evaluation of its value. In particular, DoD invites
comments in the following areas:
1. What is not addressed in the draft clauses that could
potentially help industry to feasibly comply with the intent of the
clauses?
2. What part of the draft clauses are viewed as potentially being
the most burdensome?
3. What are the potential ways to mitigate burden?
4. Are there any important information safeguarding aspects that
the clauses omit that should be addressed?
5. Do the clauses as written provide clear and adequate guidance to
perform safeguarding of DoD information?
6. What impact will the reporting requirement in 252.204-7YYY have
on small businesses?
7. In what ways could DoD minimize the burden of the reporting
requirements on respondents, including the use of automated collection
techniques or other forms of information technology?
8. What are industry best practices for cyber security?
9. Should the Government establish standard information assurance
criteria for all contractors as a condition of award (e.g., strong
passwords, virus protection)? If so, are there existing international/
national standards that should be cited or considered in building the
criteria and what impediments exist to achieving this goal?
10. Would it reduce the burden without reducing effectiveness for
contractors and subcontractors if the
[[Page 9565]]
``basic'' clause were replaced with an Online Representations and
Certifications Application (ORCA) certification?
11. Would it result in a more accurate cost management strategy if
the ``enhanced'' clause were split into a safeguarding plan/program
clause and a reporting clause?
12. If a contractor believes that it would have significant
difficulty implementing these requirements in-house, could it out-
source its information technology to a firm with specific competency in
this area? If not, what are the barriers to doing so?
13. Are there any additional safeguarding or restrictions that
should be implemented to protect information reported or otherwise
provided to the Government under the ``enhanced'' clause?
List of Subjects in 48 CFR Parts 204 and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 204 and 252 as
follows:
1. The authority citation for 48 CFR parts 204 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 204--ADMINISTRATIVE MATTERS
204.404-70 [Amended]
2. Section 204.404-70 is amended by removing paragraph (a) and
redesignating paragraphs (b) and (c) as paragraphs (a) and (b)
respectively.
3. Subpart 204.7X is added to read as follows:
Subpart 204.7X--Safeguarding and Cyber Intrusion Reporting of
Unclassified DoD Information Within Industry
Sec.
204.7XX0 Scope.
204.7XX1 Definitions.
204.7XX2 Policy.
204.7XX3 Contract clauses.
Subpart 204.7X--Safeguarding and Cyber Intrusion Reporting of
Unclassified DoD Information Within Industry
204.7XX0 Scope.
This subpart applies to contracts under which the contractor or a
subcontractor may have unclassified DoD information resident on or
transiting its unclassified information systems.
204.7XX1 Definitions.
As used in this subpart, ``adequate security,'' ``cyber,'' and
``DoD information'' are defined in the clauses at 252.204-7XXX, Basic
Safeguarding of Unclassified DoD Information Within Industry, and
252.204-7YYY, Enhanced Safeguarding and Cyber Intrusion Reporting of
Unclassified DoD Information Within Industry.
204.7XX2 Policy.
(a) The Government and its contractors and subcontractors will
provide adequate security to safeguard DoD information on their
unclassified information systems from unauthorized access and
disclosure.
(b) Contractors must report to the Government certain cyber
intrusion events that affect DoD information resident or transiting on
contractor unclassified information systems. Detailed reporting
criteria and requirements are set forth in the clause at 252.204-7YYY.
(c) A cyber intrusion event that is properly reported by the
Contractor shall not, by itself, be interpreted as evidence that the
contractor has failed to provide adequate information safeguards for
DoD unclassified information, or has otherwise failed to meet the
requirements of the clause at 252.204-7YYY. A cyber intrusion event
must be evaluated in context, and such events may occur even in cases
when it is determined that adequate safeguards are being used in view
of the nature and sensitivity of the DoD unclassified information and
the anticipated threats. However, the Government may consider any such
cyber intrusion events in the context of an overall assessment of the
contractor's compliance with the requirements of the clause at 252.204-
7YYY.
(d) DoD information requires a basic level of protection and may
require an enhanced level of protection.
(1) Basic safeguarding requirements apply to any DoD information.
(2) Enhanced safeguarding requirements, including cyber incident
reporting, apply to DoD information that is--
(i) Designated as Critical Program Information in accordance with
DoD Instruction 5200.39, Critical Program Information Protection Within
the Department of Defense;
(ii) Subject to export control under International Traffic in Arms
Regulations and Export Administration Regulations (see Subpart 204.73);
(iii) Designated for withholding from public release under DoD
Directive 5400.07, DoD Freedom of Information Act Program, and DoD
Regulation 5400.7-R, DoD Freedom of Information Program;
(iv) Bearing current and prior designations indicating controlled
access and dissemination (e.g., For Official Use Only, Sensitive But
Unclassified, Limited Distribution, Proprietary, Originator Controlled,
Law Enforcement Sensitive);
(v) Technical data, computer software, and any other technical
information covered by DoD Directive 5230.24, Distribution Statements
on Technical Documents, and DoD Directive 5230.25, Withholding of
Unclassified Technical Data from Public Disclosure; or
(vi) Personally identifiable information including, but not limited
to, information protected pursuant to the Privacy Act and the Health
Insurance Portability and Accountability Act.
204.7XX3 Contract clauses.
(a) Disclosure of information. (1) Except as provided in paragraph
(a)(2) of this section, use the clause at 252.204-7000, Disclosure of
Information, in solicitations and contracts when the contractor will
have access to or generate DoD information.
(2) Do not use the clause in solicitations and contracts for
fundamental research unless the requiring activity has identified a
validated requirement for access to or generation of DoD information to
perform the fundamental research effort.
(b) Levels of safeguarding and cyber intrusion reporting--
(1) Basic. In addition to 252.204-7000, Disclosure of Information,
use the clause at 252.204-7XXX, Basic Safeguarding of Unclassified DoD
Information Within Industry, in solicitations and contracts when the
requiring activity has identified that the contractor or a
subcontractor at any tier will potentially have DoD information
resident on or transiting its unclassified information systems.
(2) Enhanced. In addition to the clause at 252.204-7XXX, use the
clause at 252.204-7YYY, Enhanced Safeguarding and Cyber Intrusion
Reporting of Unclassified DoD Information Within Industry, in
solicitations and contracts when the requiring activity has identified
that the contractor or a subcontractor at any tier will potentially
have DoD information, identified in 204.7XX2(d)(2), resident or
transiting its unclassified information systems.
[[Page 9566]]
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.204-7000 [Amended]
4. Section 252.204-7000 is amended in the introductory text by
removing ``204.404-70(a)'' and adding in its place ``204.7XX3(a)''.
252.204-7003 [Amended]
5. Section 252.204-7003 is amended in the introductory text by
removing ``204.404-70(b)'' and adding in its place ``204.404-70(a)''.
252.204-7005 [Amended]
6. Section 252.204-7005 is amended in the introductory text by
removing ``204.404-70(c)'' and adding in its place ``204.404-70(b)''.
7. Sections 252.204-7XXX and 252.204-7YYY are added to read as
follows:
252.204-7XXX Basic Safeguarding of Unclassified DoD Information Within
Industry.
As prescribed in 204.7XX3(b)(1), use the following clause:
BASIC SAFEGUARDING OF UNCLASSIFIED DOD INFORMATION WITHIN INDUSTRY (XXX
2010)
(a) Definitions. As used in this clause--
``Adequate security'' means that protection measures applied are
commensurate with the risks (i.e., consequences and their
probability) of loss, misuse, or unauthorized access to or
modification of information.
``Cyber'' means of, relating to, or involving computers or
computer networks.
``Data'' means all non-voice information.
``DoD information'' means any unclassified information that has
not been cleared for public release in accordance with DoD Directive
5230.09, Clearance of DoD Information for Public Release, and that
is--
(1) Provided by or on behalf of DoD to the contractor or its
subcontractor(s); or
(2) Collected, developed, received, transmitted, used, or stored
by the contractor or its subcontractor(s) in support of an official
DoD activity.
``Exfiltration'' means any unauthorized release of data from
within an information system. This includes copying the data through
covert network channels or the copying of data to unauthorized
media.
``Information'' means any communicable knowledge or documentary
material, regardless of its physical form or characteristics.
``Information system'' means a set of information resources
organized for the collection, storage, processing, maintenance, use,
sharing, dissemination, disposition, display, or transmission of
information.
``Intrusion'' means unauthorized access to an information
system, such as an act of entering, seizing, or taking possession of
another's property to include electromagnetic media.
``Media'' means physical devices or writing surfaces including,
but not limited to, magnetic tapes, optical disks, magnetic disks,
large-scale integration memory chips, and printouts onto which
information is recorded, stored, or printed within an information
system.
``Safeguarding'' means measures and controls that are used to
protect DoD information.
``Threat'' means any person or entity that attempts to access or
accesses an information system without authority.
``Voice'' means all oral information regardless of transmission
protocol.
(b) Basic safeguarding requirements and procedures. The
Contractor shall provide adequate security to safeguard DoD
information on its unclassified information systems from
unauthorized access and disclosure. The Contractor shall apply the
following basic safeguarding requirements to DoD information:
(1) Designation. If the official status determination of the
level of access and dissemination of the information cannot be
determined, the information will be considered DoD information until
the official status can be ascertained from the cognizant DoD
activity.
(2) Protecting DoD information on public computers or Web sites:
Do not process DoD information on public computers (e.g., those
available for use by the general public in kiosks, hotel business
centers) or computers that do not have access control. DoD
information shall not be posted on Web sites that are publicly
available or have access limited only by domain/IP restriction. Such
information may be posted to web pages that control access by user
ID/password, user certificates, or other technical means, and that
provide protection via use of security technologies. Access control
may be provided by the intranet (vice the Web site itself or the
application it hosts).
(3) Transmitting electronic information. Transmit e-mail, text
messages, blogs, and similar communications using technology and
processes that provide the best level of security and privacy
available, given facilities, conditions, and environment.
(4) Transmitting voice and fax information. Transmit voice and
fax information only when the sender has a reasonable assurance that
access is limited to authorized recipients.
(5) Physical or electronic barriers. Protect information by at
least one physical or electronic barrier (e.g., locked container or
room, login and password) when not under direct individual control.
(6) Sanitization. Sanitize media in accordance with National
Institute of Standards and Technology (NIST) 800-88, Guidelines for
Media Sanitization, at http://csrc.nist.gov/publications/nistpubs/
800-88/NISTSP800-88_rev1.pdf, before external release or disposal.
(7) Intrusion protection. Provide protection against computer
intrusions and data exfiltration, minimally including the following:
(i) Current and regularly updated malware protection services,
e.g., anti-virus, anti-spyware.
(ii) Prompt application of security-relevant software upgrades,
e.g., patches, service-packs, and hot fixes.
(8) Limitations. Transfer DoD information only to those
subcontractors that both have a need to know and provide at least
the same level of security as specified in this clause.
(c) Subcontracts. The Contractor shall include the substance of
this clause, including this paragraph (c), in all subcontracts under
this contract, if the subcontractor will have access to or generate
DoD information.
(End of clause)
252.204-7YYY Enhanced Safeguarding and Cyber Intrusion Reporting of
Unclassified DoD Information Within Industry.
As prescribed in 204.7XX3(b)(2), use the following clause:
ENHANCED SAFEGUARDING AND CYBER INTRUSION REPORTING OF UNCLASSIFIED DOD
INFORMATION WITHIN INDUSTRY (XXX 2010)
(a) Definitions. As used in this clause--
``Adequate security'' means that protection measures applied are
commensurate with the risks (i.e., consequences and their
probability) of loss, misuse, or unauthorized access to or
modification of information.
``Advanced persistent threat'' means an extremely proficient,
patient, determined, and capable adversary, including such
adversaries working together.
``Attribution information'' means information that identifies
the Contractor or its programs, whether directly or indirectly, by
the aggregation of information that can be traced back to the
Contractor (e.g., program description, facility locations, number of
personnel).
``Contractor information system'' means an information system
belonging to, or operated by or for, the Contractor or a
subcontractor.
``Critical Program Information (CPI)'' (formerly Essential
Program Information, Technologies and/or Systems) means elements or
components of a research, development, or acquisition program that,
if compromised, could cause significant degradation in mission
effectiveness; shorten the expected combat-effective life of the
system; reduce technological advantage; significantly alter program
direction; or enable an adversary to defeat, counter, copy, or
reverse engineer the technology or capability. The term includes
information about applications, capabilities, processes, and end
items; elements or components critical to a military system or
network mission effectiveness; and technology that would reduce the
U.S. technological advantage if it came under foreign control.
``Cyber'' means of, relating to, or involving computers or
computer networks.
``Data'' means all non-voice information.
``DoD information'' means any unclassified information that--
(1) Has not been cleared for public release in accordance with
DoD Directive 5230.09, Clearance of DoD Information for Public
Release; and
(2) Is--
[[Page 9567]]
(i) Provided by or on behalf of the Department of Defense (DoD)
to the Contractor or its subcontractor(s); or
(ii) Collected, developed, received, transmitted, used, or
stored by the Contractor or its subcontractor(s) in support of an
official DoD activity.
``Encryption'' means the protection of data in electronic form,
in storage or in transit, using an encryption technology that has
been approved the National Institute of Standards and Technology or
the National Security Agency.
``Exfiltration'' means any unauthorized release of data from
within an information system. This includes copying the data through
covert network channels or the copying of data to unauthorized
media.
``Information'' means any communicable knowledge or documentary
material, regardless of its physical form or characteristics.
``Information system'' means a set of information resources
organized for the collection, storage, processing, maintenance, use
sharing, dissemination, disposition, display, or transmission of
information.
``Intrusion'' means unauthorized access to an information
system, such as an act of entering, seizing, or taking possession of
another's property to include electromagnetic media.
``Media'' means physical devices or writing surfaces including,
but not limited to, magnetic tapes, optical disks, magnetic disks,
large-scale integration memory chips, and printouts onto which
information is recorded, stored, or printed within an information
system.
``Safeguarding'' means measures and controls that are used to
protect DoD information.
``Threat'' means any person or entity that attempts to access or
accesses an information system without authority.
``Voice'' means all oral information regardless of transmission
protocol.
(b) Enhanced safeguarding requirements and procedures--
(1) Adequate security. The Contractor shall--
(i) Provide adequate security to safeguard DoD information on
its unclassified information systems from unauthorized access and
disclosure;
(ii) Safeguard all DoD information in accordance with the basic
requirements set forth in the clause of this contract entitled
``Basic Safeguarding of Unclassified DoD Information Within
Industry'' (DFARS 252.204-7XXX); and
(iii) Safeguard DoD information described in paragraph (b)(2) of
this clause in accordance with the requirements in paragraph (b)(3)
of this clause.
(2) DoD information requiring enhanced safeguarding. Enhanced
safeguarding requirements, including cyber incident reporting, apply
to DoD information that is--
(i) Designated as Critical Program Information in accordance
with DoD Instruction 5200.39, Critical Program Information
Protection Within the Department of Defense;
(ii) Subject to export controls under International Traffic in
Arms Regulations (ITAR) and Export Administration Regulations (EAR);
(iii) Designated for withholding from public release under DoD
Directive 5400.07, DoD Freedom of Information Act Program, and DoD
Regulation 5400.7-R, DoD Freedom of Information Program;
(iv) Bearing current and prior designations indicating
controlled access and dissemination (e.g., For Official Use Only,
Sensitive But Unclassified, Limited Distribution, Proprietary,
Originator Controlled, Law Enforcement Sensitive);
(v) Technical data, computer software, and any other technical
information covered by DoD Directive 5230.24, Distribution
Statements on Technical Documents, and DoD Directive 5230.25,
Withholding of Unclassified Technical Data from Public Disclosure;
or
(vi) Personally identifiable information (PII) including, but
not limited to, information protected pursuant to the Privacy Act
and the Health Insurance Portability and Accountability Act (HIPAA).
(3) Enhanced safeguarding requirements. The Contractor shall
apply the following enhanced safeguarding requirements for DoD
information:
(i) Encryption/Storage. Encrypt using the Security Controls for
Federal Information Systems and Organizations at (http://
csrc.nist.gov/publications/PubsSPs.html) for both organizational
wireless connections, and when traveling use encrypted wireless
connections where available. If encrypted wireless is not available,
encrypt application files (e.g., spreadsheet and word processing
files) using at least application-provided password protection level
encryption. Encrypt all information identified in paragraph (b)(2)
of this clause when it is stored on mobile computing devices such as
laptops and personal digital assistants, or removable storage media
such as thumb drives and compact disks, using the best level of
encryption technology available, given facilities, conditions, and
environment.
(ii) Network intrusion protection. Provide adequate protection
against computer network intrusions and data exfiltration, as
follows:
(A) Current and regularly updated malware protection services,
e.g., anti-virus, anti-spyware.
(B) Monitoring and control of both inbound and outbound network
traffic as appropriate (e.g., at the external boundary, sub-
networks, individual hosts) to include blocking unauthorized
ingress, egress, and exfiltration through technologies such as
firewalls and router policies, intrusion prevention or detection
services, or host-based security services.
(C) Prompt application of security-relevant software patches,
service-packs, and hot fixes.
(iii) The Contractor shall implement information security
controls in its project, enterprise, or company-wide unclassified
information security program. The information security program shall
address the security controls described in the NIST Special
Publication 800-53 (Current Version), Recommended Security Controls
for Federal Information Systems and Organizations (http://
csrc.nist.gov/publications/PubsSPs.html), and should be tailored in
scope and depth appropriate to the effort and the specific
unclassified DoD information.
(4) Other requirements. This clause does not relieve the
Contractor of the requirements specified by other Federal and DoD
safeguarding requirements for specified categories of information
(e.g., CPI, PII, For Official Use Only, Privacy Act, ITAR, EAR, and
HIPAA), as specified by applicable regulations or directives.
(c) Cyber intrusion reporting--
(1) Reporting requirement. The Contractor shall report to the
Defense Cyber Crime Center's (DC3) DoD-DIB Collaborative Information
Sharing Environment (DCISE) (URL to be determined) within 72 hours
of discovery of any cyber intrusion events that affect DoD
information resident on or transiting the Contractor's unclassified
information systems.
(2) Reportable events. Reportable cyber intrusion events include
the following:
(i) A cyber intrusion event appearing to be an advanced
persistent threat.
(ii) A cyber intrusion event involving data exfiltration or
manipulation or other loss of any DoD information resident on or
transiting its, or its subcontractors', unclassified information
systems.
(iii) Intrusion activities not included in paragraph (c)(2)(i)
or (ii) of this clause that allow illegitimate access to an
unclassified information system on which DoD information is resident
or transiting.
(3) Other reporting requirements. This reporting in no way
abrogates the Contractor's responsibility for additional
safeguarding and cyber intrusion reporting requirements pertaining
to its unclassified information systems under other clauses that may
apply to its contract, or as a result of other U.S. Government
legislative and regulatory requirements that may apply (e.g., CPI,
PII, Privacy Act, ITAR and EAR, and HIPAA).
(4) Contents of the incident report. The incident report shall
include, at a minimum, the following information:
(i) Applicable dates (date of compromise and/or date of
discovery).
(ii) Threat methodology (all known resources used such a
Internet Protocol (IP) addresses, domain names, software tools,
etc.).
(iii) An account of what actions the adversary may have taken on
the victim system/network, and what information may have been
accessed.
(iv) A description of the roles and function of the threat-
accessed systems.
(v) Potential impact on DoD programs or an initial list of
impacted DoD programs.
(5) Contractor actions to support forensic analysis and
preliminary damage assessment. In response to the reported cyber
incident, the Contractor shall--
(i) Conduct an immediate review of unclassified information
systems accessed by a threat to identify specific DoD information
files associated with DoD contracts or systems, military
applications, and militarily critical technology for evidence of
intrusion.
(ii) Preserve and protect images of the known affected systems
until DC3 has
[[Page 9568]]
received the image and completes its analysis.
(iii) Cooperate with DC3 to ascertain intruder methodology and
identify systems compromised as a result of the intrusion. The DCISE
Web site will provide detailed guidelines and processes as needed
and appropriate.
(iv) As required by the Government and permitted by law, share
files on compromised systems that pertain to unclassified DoD
information.
(6) Damage assessment activities. The DoD Damage Assessment
Management Office (DAMO) will conduct an initial damage assessment
and notify the Contractor whether a follow-up compromise assessment
report is required. If required, the follow-up report shall include
at a minimum the following information:
(i) An index of DoD information contained on the affected
system.
(ii) An initial list of DoD programs impacted by the compromise.
(iii) The type of DoD information compromised (e.g., CPI, PII,
Privacy Act, ITAR, EAR, and HIPAA) and a brief description of the
accessed information.
(iv) The Contractor's points of contact to coordinate future
damage assessment activities.
(v) The threat methodology.
(vi) Amount of DoD information including files/data bytes
exfiltrated or accessed.
(vii) Inventory of DoD IT equipment accessed or from which DoD
information has been exfiltrated.
(d) Protection of reported information. Except to the extent
that such information is publicly available, DoD will protect
information reported or otherwise provided to DoD under this clause
in accordance with applicable statutes, regulations, and policies
(e.g., CPI, PII, FOIA, Trade Secrets Act, Privacy Act, ITAR, EAR,
and HIPAA).
(1) The Contractor and its subcontractors shall mark attribution
information reported or otherwise provided to the Government. The
Government may use attribution information and disclose only to
authorized persons for cyber security and related purposes and
activities pursuant to this clause (e.g., in support of forensic
analysis, incident response, compromise or damage assessments, law
enforcement, counterintelligence, threat reporting, trend analyses).
Attribution information is shared outside of the DCISE only to
authorized entities on a need-to-know basis as required for such
Government cyber security and related activities. The Government may
disclose attribution information to support contractors that are
supporting the Government's cyber security and related activities
under this clause only if the support contractor is subject to legal
confidentiality requirements that prevent any further use or
disclosure of the attribution information.
(2) The Government may use and disclose reported information
that does not include attribution information (e.g., information
regarding threats, vulnerabilities, incidents, or best practices) at
its discretion to assist entities in protecting information or
information systems (e.g., threat information products, threat
assessment reports); provided that such use or disclosure is
otherwise authorized in accordance with applicable statutes,
regulations, and policies.
(e) Nothing in this clause limits the Government's ability to
conduct law enforcement or counterintelligence activities, or other
lawful activities in the interest of national security. The results
of the activities described in this clause may be used to support an
investigation and prosecution of any person or entity, including
those attempting to infiltrate or compromise information on a
Contractor information system in violation of any statute.
(f) Subcontracts. The Contractor shall include the substance of
this clause, including this paragraph (f), in all subcontracts under
this contract, if the subcontractor will have access to or generate
DoD information. In altering this clause to identify the appropriate
parties, the Contractor shall modify the reporting requirements to
include notification to the prime contractor or the next higher tier
in addition to the reports to the DCISE as required by paragraph (c)
of this clause.
(End of clause)
[FR Doc. 2010-4173 Filed 3-2-10; 8:45 am]
BILLING CODE 5001-08-P
