By: Robert Huffman, Susan Cassidy, Michael Wagner, Ryan Burnette, and Emma Merrill

This is the seventeenth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”).  The first blog summarized the Cyber EO’s key provisions and timelines, and

This is the sixteenth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”).  The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken by various Government agencies to implement the cyber EO from June 2021 through July 2022.  This blog describes key actions taken to implement the Cyber EO during August 2022.

Continue Reading August 2022 Developments Under President Biden’s Cybersecurity Executive Order

On September 12, 2022, President Biden issued an Executive Order (“E.O.”) announcing the National Biotechnology and Biomanufacturing Initiative, a “whole-of-government” effort to further biotechnology and biomanufacturing innovations in health, climate change, energy, food security, agriculture, supply chain resilience, and national and economic security.  The White House subsequently announced that the Initiative would cost $2 billion.  If successful, the Initiative could have sweeping impacts across the entire biotechnology research and development (“R&D”) lifecycle.  A summary of the E.O., its requirements, and key takeaways are set forth below.

Continue Reading President Biden Issues Executive Order on National Biotechnology and Biomanufacturing Initiative

This is the fourteenth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”).  The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken by various Government agencies to implement the Cyber EO from June 2021 through May 2022.  This blog describes key actions taken to implement the Cyber EO during June 2022.

Continue Reading June 2022 Developments Under President Biden’s Cybersecurity Executive Order

This is the thirteenth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”).  The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs describe the actions taken by various Government agencies to implement the Cyber EO from June 2021 through April 2022.  This blog reflects on the one year anniversary of the Cyber EO and discusses the status of various implementation activities.  It also describes key actions taken to implement the Cyber EO during May 2022.

Continue Reading May 2022 Developments Under President Biden’s Cybersecurity Executive Order: One Year Anniversary Update

This is the twelfth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”).  The first blog summarized the Cyber EO’s key provisions and timelines, and the second through eleventh blogs describe the actions taken by various Government agencies to implement the Cyber EO from June 2021 through March 2022, respectively.  This blog summarizes key actions taken to implement the Cyber EO during April 2022.  As with the steps taken during prior months, the actions described below reflect the implementation of the EO within the Government. However, these activities portend further actions, potentially in or before June 2022, that are likely to impact government contractors, particularly those who provide software products or services to the Government.

Continue Reading April 2022 Developments Under President Biden’s Cybersecurity Executive Order

This is the eleventh in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”).  The first blog summarized the Cyber EO’s key provisions and timelines, and the second through tenth blogs described the actions taken by various Government agencies to implement the EO from June 2021 through February 2022, respectively.  This blog summarizes key actions taken to implement the Cyber EO during March 2022.  As with steps taken during prior months, the actions described below reflect the implementation of the EO within the Government.  However, these activities portend further actions, potentially in or before June 2022, that are likely to impact government contractors, particularly those who provide software products or services to the Government.
Continue Reading March 2022 Developments Under President Biden’s Cybersecurity Executive Order

This is the tenth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”).  The first blog summarized the Cyber EO’s key provisions and timelines, and the secondthirdfourthfifthsixthseventheighth, and ninth blogs described the actions taken by various Government agencies to implement the EO from June 2021 through January 2022, respectively.

This blog summarizes key actions taken to implement the Cyber EO during February 2022.  As with steps taken during prior months, the actions described below reflect the implementation of the EO within the Government.  However, these activities portend further actions in March 2022 that are likely to impact government contractors, particularly those who provide software products or services to government agencies.

Continue Reading February 2022 Developments Under President Biden’s Cybersecurity Executive Order

On February 4, 2022, the National Institute for Standards and Technology (“NIST”) published its Recommended Criteria for Cybersecurity Labeling of Consumer Software (“Software Labeling Criteria”).  NIST also published guidance to federal agencies regarding practices for enhancing software supply chain security when they acquire software (“Supply Chain Security Guidance”).  Both the Software Labeling Criteria and the Supply Chain Security Guidance were issued by NIST pursuant to Section 4 of Executive Order 14028, “Improving the Nation’s Cybersecurity” (the “Cyber EO”), which was issued by President Biden on May 12, 2021.  The Cyber EO and its implementation are the subject of several previous Covington blogs that are available here.

These documents have relevancy to U.S. government contractors and technology companies alike.  The Software Labeling Criteria may serve as a model for labeling requirements on software products purchased by consumers, and therefore should be reviewed closely by all software developers and resellers.  The Supply Chain Security Guidance will likely have more immediate impacts, as the Cyber EO requires (1) that the Office of Management and Budget (“OMB”) take “appropriate steps” to require that agencies comply with the Guidance with respect to software purchased after the date of the EO, and (2) that the FAR to be amended to require all agencies to procure software (defined to include firmware, operating systems, applications, and cloud-based services) in accordance with the Guidance.

Continue Reading NIST Publishes Recommended Criteria for Cybersecurity Labeling for Consumer Software and Guidance to Federal Agencies on Practices to Enhance Supply Chain Security When Procuring Software

Two federal agencies recently released a joint Request for Information (“RFI”) in the latest in a series of concrete steps to meet the Biden Administration’s goal to achieve 100 percent carbon pollution-free electricity (CFE)[1] in federal operations by 2030.  The RFI, issued by DLA-Energy and GSA, offers industry a chance to shape future federal CFE procurements by providing information on carbon-free electricity supplied in competitive retail markets.  Although not itself a procurement opportunity, the information submitted under the RFI will inform the parameters and conditions of CFE competitions that the federal government expects to begin as soon as this year, with contract deliveries starting in 2023.

Continue Reading RFI Begins to Chart Course for Federal Clean Energy Procurements