Federal government contractors that handle sensitive information could soon face a “sea change” in rules about how they protect that information and report when it has been part of a breach.
Pending federal regulations on the handling of “controlled unclassified information,” or CUI, a category of sensitive data that falls short of classified — including people’s personal information such as Social Security numbers, information that could expose vulnerabilities in critical infrastructure and more — could arrive as soon as the end of this year, but likely no later than the end of President Donald Trump’s term, attorneys who specialize in federal procurement rules said. The changes are part of a larger overhaul of federal contracting rules.
As currently written, the proposed CUI rules mandate that unauthorized access of such data, including as a result of a cyberattack, would have to be reported to the federal government within 72 hours of discovery. The rules are a companion for most federal agencies to existing Defense Department rules that cover the same subject. The 72-hour notice also is deliberately aligned with forthcoming rules from the Cybersecurity and Infrastructure Security Agency (CISA) for critical infrastructure owners and operators to report major cyber incidents under the Cybersecurity Incident Reporting for Critical Infrastructure Act (CIRCIA).
The CUI rules require contractors to adhere to minimum electronic security standards for protecting that sensitive information. Experts said the rules could expose contractors who fail to comply with cybersecurity guidelines to penalties under the False Claims Act, a lever that the federal government has been using increasingly since 2022 to punish contractors over lackluster cyber safeguards.
It’s “going to be a sea change for a lot of companies,” said Trayce Howard, a government contracts partner at Wiley Rein.
“If it’s finalized in the form that it’s in now, it will be a fairly significant change for federal contractors,” said Ryan Burnette, a partner at Covington focused on government contracts and technology.
Susan Cassidy, another partner at Covington who advises government contractors, said the proposed regulation is part of a journey that began as far back as an executive order in 2010, when officials realized they couldn’t have sufficient, consistent requirements for protecting CUI given that so many agencies used different terminology for it: “sensitive but unclassified,” “for official use only,” and more.