```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 917 Reported in Senate (RS)]

<DOC>

                                                        Calendar No. 76
118th CONGRESS
  1st Session
                                 S. 917

                          [Report No. 118-32]

   To establish the duties of the Director of the Cybersecurity and 
Infrastructure Security Agency regarding open source software security, 
                        and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2023

Mr. Peters (for himself and Mr. Hawley) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                              May 16, 2023

                Reported by Mr. Peters, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
   To establish the duties of the Director of the Cybersecurity and 
Infrastructure Security Agency regarding open source software security, 
                        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 ``Securing Open Source Software Act of 
2023''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) open source software fosters technology development and 
        is an integral part of overall cybersecurity;
            (2) a secure, healthy, vibrant, and resilient open source 
        software ecosystem is crucial for ensuring the national 
        security and economic vitality of the United States;
            (3) open source software is part of the foundation of 
        digital infrastructure that promotes a free and open internet;
            (4) due to both the unique strengths of open source 
        software and inconsistent historical investment in open source 
        software security, there exist unique challenges in securing 
        open source software; and
            (5) the Federal Government should play a supporting role in 
        ensuring the long-term security of open source software.

SEC. 3. OPEN SOURCE SOFTWARE SECURITY DUTIES.

    (a) In General.--Title XXII of the Homeland Security Act of 2002 (6 
U.S.C. 650 et seq.) is amended--
            (1) in section 2200 (6 U.S.C. 650)--
                    (A) by redesignating paragraphs (22) through (28) 
                as paragraphs (25) through (31), respectively; and
                    (B) by inserting after paragraph (21) the 
                following:
            ``(22) Open source software.--The term `open source 
        software' means software for which the human-readable source 
        code is made available to the public for use, study, re-use, 
        modification, enhancement, and re-distribution.
            ``(23) Open source software community.--The term `open 
        source software community' means the community of individuals, 
        foundations, nonprofit organizations, corporations, and other 
        entities that--
                    ``(A) develop, contribute to, maintain, and publish 
                open source software; or
                    ``(B) otherwise work to ensure the security of the 
                open source software ecosystem.
            ``(24) Open source software component.--The term `open 
        source software component' means an individual repository of 
        open source software that is made available to the public.'';
            (2) in section 2202(c) (6 U.S.C. 652(c))--
                    (A) in paragraph (13), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (14) as paragraph 
                (15); and
                    (C) by inserting after paragraph (13) the 
                following:
            ``(14) support, including by offering services, the secure 
        usage and deployment of software, including open source 
        software, in the software development lifecycle at Federal 
        agencies in accordance with section 2220E section 2220F; and''; 
        and
            (3) by adding at the end the following:

``SEC. 2220F. OPEN SOURCE SOFTWARE SECURITY DUTIES.

    ``(a) Definition.--In this section, the term `software bill of 
materials' has the meaning given the term in the Minimum Elements for a 
Software Bill of Materials published by the Department of Commerce, or 
any superseding definition published by the Agency.
    ``(b) Employment.--The Director shall, to the greatest extent 
practicable, employ individuals in the Agency who--
            ``(1) have expertise and experience participating in the 
        open source software community; and
            ``(2) perform the duties described in subsection (c).
    ``(c) Duties of the Director.--
            ``(1) In general.--The Director shall--
                    ``(A) perform outreach and engagement to bolster 
                the security of open source software;
                    ``(B) support Federal efforts to strengthen the 
                security of open source software;
                    ``(C) coordinate, as appropriate, with non-Federal 
                entities on efforts to ensure the long-term security of 
                open source software;
                    ``(D) serve as a public point of contact regarding 
                the security of open source software for non-Federal 
                entities, including State, local, Tribal, and 
                territorial partners, the private sector, international 
                partners, open source software organizations, and open 
                source software developers and the open source software 
                community; and
                    ``(E) support Federal and non-Federal supply chain 
                security efforts by encouraging efforts to bolster open 
                source software security, such as--
                            ``(i) assisting in coordinated 
                        vulnerability disclosures in open source 
                        software components pursuant to section 
                        2209(n); and
                            ``(ii) supporting the activities of the 
                        Federal Acquisition Security Council.
            ``(2) Assessment of critical open source software 
        components.--
                    ``(A) Framework.--Not later than 1 year after the 
                date of enactment of this section, the Director shall 
                publicly publish a framework, incorporating government, 
                industry, and open source software community frameworks 
                and best practices, including those published by the 
                National Institute of Standards and Technology, for 
                assessing the risk of open source software components, 
                including direct and indirect open source software 
                dependencies, which shall incorporate, at a minimum--
                            ``(i) the security properties of code in a 
                        given open source software component, such as 
                        whether the code is written in a memory-safe 
                        programming language;
                            ``(ii) the security practices of 
                        development, build, and release processes of a 
                        given open source software component, such as 
                        the use of multi-factor authentication by 
                        maintainers and cryptographic signing of 
                        releases;
                            ``(iii) the number and severity of publicly 
                        known, unpatched vulnerabilities in a given 
                        open source software component;
                            ``(iv) the breadth of deployment of a given 
                        open source software component;
                            ``(v) the level of risk associated with 
                        where a given open source software component is 
                        integrated or deployed, such as whether the 
                        component operates on a network boundary or in 
                        a privileged location; and
                            ``(vi) the health of the open source 
                        software community for a given open source 
                        software component, including, where 
                        applicable, the level of current and historical 
                        investment and maintenance in the open source 
                        software component, such as the number and 
                        activity of individual maintainers.
                    ``(B) Updating framework.--Not less frequently than 
                annually after the date on which the framework is 
                published under subparagraph (A), the Director shall--
                            ``(i) determine whether updates are needed 
                        to the framework described in subparagraph (A), 
                        including the augmentation, addition, or 
                        removal of the elements described in clauses 
                        (i) through (vi) of such subparagraph; and
                            ``(ii) if the Director determines that 
                        additional updates are needed under clause (i), 
                        make those updates to the framework.
                    ``(C) Developing framework.--In developing the 
                framework described in subparagraph (A), the Director 
                shall consult with--
                            ``(i) appropriate Federal agencies, 
                        including the National Institute of Standards 
                        and Technology;
                            ``(ii) individuals and nonprofit 
                        organizations from the open source software 
                        community; and
                            ``(iii) private companies from the open 
                        source software community.
                    ``(D) Usability.--The Director shall ensure, to the 
                greatest extent practicable, that the framework 
                described in subparagraph (A) is usable by the open 
                source software community, including through the 
                consultation described in subparagraph (C).
                    ``(E) Federal open source software assessment.--Not 
                later than 1 year after the publication of the 
                framework described in subparagraph (A), and not less 
                frequently than every 2 years thereafter, the Director 
                shall, to the greatest extent practicable and using the 
                framework described in subparagraph (A)--
                            ``(i) perform an assessment of open source 
                        software components used directly or indirectly 
                        by Federal agencies based on readily available, 
                        and, to the greatest extent practicable, 
                        machine readable, information, such as--
                                    ``(I) software bills of materials 
                                that are, at the time of the 
                                assessment, made available to the 
                                Agency or are otherwise accessible via 
                                the internet;
                                    ``(II) software inventories, 
                                available to the Director at the time 
                                of the assessment, from the Continuous 
                                Diagnostics and Mitigation program of 
                                the Agency; and
                                    ``(III) other publicly available 
                                information regarding open source 
                                software components; and
                            ``(ii) develop 1 or more ranked lists of 
                        components described in clause (i) based on the 
                        assessment, such as ranked by the criticality, 
                        level of risk, or usage of the components, or a 
                        combination thereof.
                    ``(F) Automation.--The Director shall, to the 
                greatest extent practicable, automate the assessment 
                conducted under subparagraph (E).
                    ``(G) Publication.--The Director shall publicly 
                publish and maintain any tools developed to conduct the 
                assessment described in subparagraph (E) as open source 
                software.
                    ``(H) Sharing.--
                            ``(i) Results.--The Director shall 
                        facilitate the sharing of the results of the 
                        each assessment described in subparagraph (E) 
                        (i) with appropriate Federal and non-Federal 
                        entities working to support the security of 
                        open source software, including by offering 
                        means for appropriate Federal and non-Federal 
                        entities to download the assessment in an 
                        automated manner.
                            ``(ii) Datasets.--The Director may publicly 
                        publish, as appropriate, any datasets or 
                        versions of the datasets developed or 
                        consolidated as a result of the an assessment 
                        described in subparagraph (E) (i).
                    ``(I) Critical infrastructure assessment study and 
                pilot.--
                            ``(i) Study.--Not later than 2 years after 
                        the publication of the framework described in 
                        subparagraph (A), the Director shall conduct a 
                        study regarding the feasibility of the Director 
                        conducting the assessment described in 
                        subparagraph (E) for critical infrastructure 
                        entities.
                            ``(ii) Pilot.--
                                    ``(I) In general.--If the Director 
                                determines that the assessment 
                                described in clause (i) is feasible, 
                                the Director may conduct a pilot 
                                assessment on a voluntary basis with 1 
                                or more critical infrastructure 
                                sectors, in coordination with the 
                                Sector Risk Management Agency and the 
                                sector coordinating council of each 
                                participating sector.
                                    ``(II) Termination.--If the 
                                Director proceeds with the pilot 
                                described in clause (ii) subclause (I), 
                                the pilot shall terminate on the date 
                                that is 2 years after the date on which 
                                the Director begins the pilot.
                            ``(iii) Reports.--
                                    ``(I) Study.--Not later than 180 
                                days after the date on which the 
                                Director completes the study conducted 
                                under clause (i), the Director shall 
                                submit to the appropriate congressional 
                                committees a report that--
                                            ``(aa) summarizes the 
                                        study; and
                                            ``(bb) states whether the 
                                        Director plans to proceed with 
                                        the pilot described in clause 
                                        (ii) (I).
                                    ``(II) Pilot.--If the Director 
                                proceeds with the pilot described in 
                                clause (ii), not later than 1 year 
                                after the date on which the Director 
                                begins the pilot, the Director shall 
                                submit to the appropriate congressional 
                                committees a report that includes--
                                            ``(aa) a summary of the 
                                        results of the pilot; and
                                            ``(bb) a recommendation as 
                                        to whether the activities 
                                        carried out under the pilot 
                                        should be continued after the 
                                        termination of the pilot 
                                        described in clause (ii)(II).
            ``(3) Coordination with national cyber director.--The 
        Director shall--
                    ``(A) brief the National Cyber Director on the 
                activities described in this subsection; and
                    ``(B) coordinate activities with the National Cyber 
                Director, as appropriate.
            ``(4) Reports.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this section, and every 2 years 
                thereafter, the Director shall submit to the 
                appropriate congressional committees a report that 
                includes--
                            ``(i) a summary of the work on open source 
                        software security performed by the Director 
                        during the period covered by the report, 
                        including a list of the Federal and non-Federal 
                        entities with which the Director interfaced;
                            ``(ii) the framework developed under 
                        paragraph (2)(A);
                            ``(iii) a summary of any updates made to 
                        the framework developed under paragraph (2)(A) 
                        pursuant to paragraph (2)(B) since the last 
                        report submitted under this subparagraph;
                            ``(iv) a summary of the each assessment 
                        conducted pursuant to paragraph (2)(E) since 
                        the last report was submitted under this 
                        subparagraph;
                            ``(v) a summary of changes made to the 
                        assessment conducted pursuant to paragraph 
                        (2)(E) since the last report submitted under 
                        this subparagraph, including overall security 
                        trends; and
                            ``(vi) a summary of the types of entities 
                        with which the an assessment conducted pursuant 
                        to paragraph (2)(E) since the last reported 
                        submitted under this subparagraph was shared 
                        pursuant to paragraph (2)(H), including a list 
                        of the Federal and non-Federal entities with 
                        which the assessment was shared.
                    ``(B) Public report.--Not later than 30 days after 
                the date on which the Director submits a report 
                required under subparagraph (A), the Director shall 
                make a version of the report publicly available on the 
                website of the Agency.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 
116 Stat. 2135) is amended by inserting after the item relating to 
section 2220E the following:

``Sec. 2220F. Open source software security duties.''.

SEC. 4. SOFTWARE SECURITY ADVISORY SUBCOMMITTEE.

    Section 2219(d)(1) of the Homeland Security Act of 2002 (6 U.S.C. 
665e(d)(1)) is amended by adding at the end the following:
                    ``(E) Software security, including open source 
                software security.''.

SEC. 5. OPEN SOURCE SOFTWARE GUIDANCE.

    (a) Definitions.--In this section:
            (1) Appropriate congressional committee.--The term 
        ``appropriate congressional committee'' has the meaning given 
        the term in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101).
            (2) Covered agency.--The term ``covered agency'' means an 
        agency described in section 901(b) of title 31, United States 
        Code.
            (3) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (4) National security system.--The term ``national security 
        system'' has the meaning given the term in section 3552 of 
        title 44, United States Code.
            (5) Open source software; open source software community.--
        The terms ``open source software'' and ``open source software 
        community'' have the meanings given those terms in section 2200 
        of the Homeland Security Act of 2002 (6 U.S.C. 650), as amended 
        by section 3 of this Act.
    (b) Guidance.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Director, in coordination with the 
        National Cyber Director, the Director of the Cybersecurity and 
        Infrastructure Security Agency, and the Administrator of 
        General Services, shall issue guidance on the responsibilities 
        of the chief information officer at each covered agency 
        regarding open source software, which shall include--
                    (A) how chief information officers at each covered 
                agency should, considering industry and open source 
                software community best practices--
                            (i) manage and reduce risks of using open 
                        source software; and
                            (ii) guide contributing to and releasing 
                        open source software;
                    (B) how chief information officers should enable, 
                rather than inhibit, the secure usage of open source 
                software at each covered agency;
                    (C) any relevant updates to the Memorandum M-16-21 
                issued by the Office of Management and Budget on August 
                8, 2016, entitled, ``Federal Source Code Policy: 
                Achieving Efficiency, Transparency, and Innovation 
                through Reusable and Open Source Software''; and
                    (D) how covered agencies may contribute publicly to 
                open source software that the covered agency uses, 
                including how chief information officers should 
                encourage those contributions.
            (2) Exemption of national security systems.--The guidance 
        issued under paragraph (1) shall not apply to national security 
        systems.
    (c) Pilot.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the chief information officer of each 
        covered agency selected under paragraph (2), in coordination 
        with the Director, the National Cyber Director, the Director of 
        the Cybersecurity and Infrastructure Security Agency, and the 
        Administrator of General Services, shall establish a pilot open 
        source function at the covered agency that--
                    (A) is modeled after open source program offices, 
                such as those in the private sector, the nonprofit 
                sector, academia, and other non-Federal entities; and
                    (B) shall--
                            (i) support the secure usage of open source 
                        software at the covered agency;
                            (ii) develop policies and processes for 
                        contributions to and releases of open source 
                        software at the covered agency, in 
                        consultation, as appropriate, with the offices 
                        of general counsel and procurement of the 
                        covered agency;
                            (iii) interface with the open source 
                        software community; and
                            (iv) manage and reduce risks of using open 
                        source software at the covered agency.
            (2) Selection of pilot agencies.--The Director, in 
        coordination with the National Cyber Director, the Director of 
        the Cybersecurity and Infrastructure Security Agency, and the 
        Administrator of General Services, shall select not less than 1 
        and not more than 5 covered agencies to conduct the pilot 
        described in paragraph (1).
            (3) Assessment.--Not later than 1 year after the 
        establishment of the pilot open source functions described in 
        paragraph (1), the Director, in coordination with the National 
        Cyber Director, the Director of the Cybersecurity and 
        Infrastructure Security Agency, and the Administrator of 
        General Services, shall assess whether open source functions 
        should be established at some or all covered agencies, 
        including--
                    (A) how to organize those functions within covered 
                agencies, such as the creation of open source program 
                offices; and
                    (B) appropriate roles and responsibilities for 
                those functions.
            (4) Guidance.--Notwithstanding the termination of the pilot 
        open source functions under paragraph (5), if the Director 
        determines, based on the assessment described in paragraph (3), 
        that some or all of the open source functions should be 
        established at some or all covered agencies, the Director, in 
        coordination with the National Cyber Director, the Director of 
        the Cybersecurity and Infrastructure Security Agency, and the 
        Administrator of General Services, shall issue guidance on the 
        implementation of those functions.
            (5) Termination.--The pilot open source functions described 
        in paragraph (1) shall terminate not later than 4 years after 
        the establishment of the pilot open source functions.
    (d) Briefing and Report.--The Director shall--
            (1) not later than 1 year after the date of enactment of 
        this Act, brief the appropriate congressional committees on the 
        guidance issued under subsection (b); and
            (2) not later than 540 days after the establishment of the 
        pilot open source functions under subsection (c)(1), submit to 
        the appropriate congressional committees a report on--
                    (A) the pilot open source functions; and
                    (B) the results of the assessment conducted under 
                subsection (c)(3).
    (e) Duties.--Section 3554(b) of title 44, United States Code, is 
amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(9) plans and procedures to ensure the secure usage and 
        development of software, including open source software (as 
        defined in section 2200 of the Homeland Security Act of 2002 (6 
        U.S.C. 650)).''.

SEC. 6. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act shall be 
construed to provide any additional regulatory authority to any Federal 
agency described therein.
                                                        Calendar No. 76

118th CONGRESS

  1st Session

                                 S. 917

                          [Report No. 118-32]

_______________________________________________________________________

                                 A BILL

   To establish the duties of the Director of the Cybersecurity and 
Infrastructure Security Agency regarding open source software security, 
                        and for other purposes.

_______________________________________________________________________

                              May 16, 2023

                        Reported with amendments
```