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Federal audit reveals NIST’s NVD is plagued by poor planning and duplication

By: Greg Otto
29 May 2026 at 12:07

A Department of Commerce inspector general report released Thursday found that the National Institute of Standards and Technology has mismanaged a critical cybersecurity vulnerability database through poor planning, inefficient operations, duplicate federal programs, and failure to communicate with users.

The National Vulnerability Database, maintained by NIST since 2005, collects information about computer security flaws and adds details like severity ratings and affected products. This information helps cybersecurity professionals across government and the private sector decide which security problems to fix first. In February 2024, the database’s enrichment contract lapsed, creating a backlog of unprocessed security flaws that has only grown worse.

The report identified the lack of strategic planning as a core problem. NIST leaders admitted they had no long-term plan for clearing the backlog, even as it grew from about 13,000 unprocessed security flaws in June 2024 to over 27,000 by the end of 2025.

NIST publicly promised in May 2024 that it would clear the backlog by September 2024, setting a goal of processing 6,200 security flaws per month, but the agency had never processed more than 5,000 per month in the past.

The report found major inefficiencies in how NIST enriches the information that is attached to the vulnerabilities. 

Analysts spend about 80% of their time on two tasks: calculating severity scores and identifying which products are affected. The inspector general’s office tested NIST’s severity scores and found they matched independent evaluators only 12% of the time. Also, nearly 80% of vulnerability submissions already include these scores from the companies that are responsible for the software. This means NIST is doing work that is often unnecessary and inconsistent. The inspector general proposed cutting back on severity score calculation work over the next two years, estimating that NIST would save $800,000 that it could redirect to other program areas.

Another efficiency problem highlighted is the program’s manual process for identifying affected products. Creating these standardized product identifiers takes a lot of time and keeps analysts from clearing the backlog. NIST is developing tools to make this faster, but it remains a major slowdown.

The report also found major duplication between two federal security programs. When the Cybersecurity and Infrastructure Security Agency launched its own Vulnrichment program in May 2024, there was no coordination between the agencies, leading to NIST analysts sometimes repeating work that CISA analysts had already completed. Additionally, the two agencies even hired the same contractor for portions of the same work. The inspector general found at least 21,000 cases of duplicated work between May 2024 and December 2025, wasting approximately $200,000 in the process.  

Communication failures have made the problems worse. In April 2024, over 50 cybersecurity professionals sent an open letter to Congress complaining that NIST was not being transparent about the database’s problems. Neither NIST nor the Department of Commerce answered the letter.

Vulnerability database programs managed by the federal government have been a point of contention for the cybersecurity community over the past two years. Earlier this year, NIST announced that it has narrowed its priorities for the NVD, focusing only on vulnerabilities in CISA’s KEV catalog, software used by the federal government, and critical software identified under Executive Order 14028.

A similar program that serves as a catalog of known security flaws, the Common Vulnerabilities and Exposures (CVE) list, has had similar issues over the past few years. That program, run by CISA, narrowly escaped a sudden demise when a last-minute, 11-month contract extension averted a shutdown in April 2025. Since then, several competing databases from European nonprofits and other private entities have been stood up in order to better coordinate how vulnerabilities are tracked, disclosed, and ultimately patched.

The inspector general recommended that NIST create a long-term plan for the database, set up a plan to clear the backlog with specific goals, cut back on unnecessary severity score work, make it easier for outside companies to help identify affected products, immediately start working with CISA to stop duplicating work, and develop a plan to communicate better with users.

NIST agreed with all six recommendations and said it is working on them. The agency must submit a plan showing how it will address these problems by late July.

You can read the full report here

The post Federal audit reveals NIST’s NVD is plagued by poor planning and duplication appeared first on CyberScoop.

The surveillance law Congress can’t quit — and can’t explain

17 April 2026 at 13:31

Congress is grappling with renewal of a surveillance law set to expire at the end of this month that critics say is a mystery on how much of a difference it has made for controversial government spying authorities — for better or worse.

The 2024 law reauthorized so-called Section 702 powers of the Foreign Intelligence Surveillance Act (FISA), which authorizes warrantless surveillance of electronic communications of foreign targets. Most controversially, the law allows U.S. officials to search (“query”) those communications databases using Americans’ personal information, as long as the American is  in contact with someone overseas, which raises significant privacy concerns.

Backers of the 2024 law, known as the Reforming Intelligence and Securing America Act (RISAA), point to 56 changes it made to deal with criticisms of Section 702, following a period where abuses came to light, including hundreds of thousands of improper searches. At the same time, the law made changes that some feared could actually expand Section 702 powers.

The House voted to extend the law as-is for 10 days early Friday. The Senate then did the same. The Trump administration has sought a 180-day “clean” reauthorization.

As Congress weighs potential extensions of the 2024 law without making changes to it, “I don’t think we know” what good has come of it, said Elizabeth Goitein, senior director of the Brennan Center for Justice’s liberty and national security program. By the same token, it’s difficult to know whether some of the expansion fears have come to fruition, she said: “We don’t have reliable information on this.”

Added Jake Laperruque of the Center for Democracy and Technology: “There’s a lot of black boxes here.”

Examining Past Changes

Both Goitein and Laperruque are skeptical of any positive change from RISAA, though, and have long advocated for a warrant requirement for U.S. person searches. Intelligence agencies have resisted that addition, claiming that it would dramatically slow down time-sensitive national security investigations.

By contrast, Glenn Gerstell, former general counsel at the National Security Agency, said RISAA constituted “the most significant set of reforms to the statute since its adoption in 2008.” and that “those reforms have had a dramatic effect.” 

One major point of dispute is to what degree the number of U.S. person searches dropped, particularly because of a conclusion in last year’s Justice Department inspector general report finding that an “advanced filtering tool generated queries that were not tracked by the FBI.” 

As the report outlines, an FBI system has an “‘advanced filter function’ that allows users to select a specific FBI casefile number or ‘facility’ (e.g., a phone number or email address), using a drop-down menu or search bar, to review communications with targeted facilities.

“This functionality enables users to select from lists of ‘participants’ in communication with targeted facilities and review communications of those participants.In or around August 2024,” the report continues. The National Security Division of the Justice Department “became aware of the participants filter function in [the system] and was concerned that searches conducted through use of the participants filter constituted separate queries that must satisfy the query standard and comply with all query procedural requirements.”

By the intelligence community’s count, the number of U.S. person searches has otherwise mostly declined even going back to before the 2024 law’s passage: 119,383 in 2022, 57,094 in 2023, 5,518 in 2024 and 7,413 in 2025.

“It is quite clear that the searches that were run using this filter function met the statutory definition of queries, and yet the FBI for some significant period of time decided to not count them as queries,” Goitein said.

Laperruque, deputy director of CDT’s security and surveillance project, said an audit mandate in the 2024 law was potentially useful, but hasn’t proven to be in reality.

“At least it should mean that it should help try to detect abuse if it is happening,” he said. “The problem there, though, is you’re still relying on the FBI to properly log all of its quarries and hand them over for DOJ to be checked, which hasn’t happened. You’re trusting DOJ and the executive to engage in self-policing, and that’s something where folks rightfully have a lot of skepticism based on how DOJ has conducted itself recently.”

Gerstell, a senior adviser at the Center for Strategic and International Studies, points to numerous reviews — including a staff report from the Privacy and Civil Liberties Oversight Board (PCLOB) — that indicate a drop in U.S. person searches. It’s the biggest change of RISAA, he said.

“The most significant one is a very substantial drop in the number of queries of the database for U.S. person information, which has been a big focus for privacy advocates, and there’s been a dramatic drop, so much so that both the Inspector General for the Department of Justice and the staff of the PCLOB have said, ‘I wonder if we’re overdoing it.’ … Every single one of them presents those numbers, without caveat.”

On the advanced filter function count, Gerstell acknowledged the ambiguity, but referred to reports that said, as he summarized, “If they had been considered queries, it appears that most would have been compliant anyway… because they were a subset of something that was already compliant. But we don’t know if any of them were noncompliant, and we don’t have the data.”

On the other side of the RISAA debate, critics argued that its revised definition of “electronic communications service provider” could dramatically expand surveillance to include businesses like coffee shops or landlords. The reported, but formally undisclosed, real target of the change was data centers.

“That was a pretty big expansion with a lot of potential abuse,” Laperruque said. But “we don’t really know much about how it’s changed” anything, he said.

Virginia Sen. Mark Warner, the top Democrat on the Intelligence Committee, sought to advance clarifying language about that subject after RISAA’s passage, and the Biden administration said it would confine the provision’s use to the kind of undisclosed businesses that prompted the provision in the first place. Laperreque noted that the Trump administration has made no such promises, and Warner’s clarifying language never became law.

The Foreign Intelligence Surveillance Court (FISC) has issued its annual opinion re-certifying the Section 702 program for another year. However, the court reportedly took issue with the program’s f filtering systems, saying that when such a system is used to look for information on Americans it must be counted as a query, subjecting it to additional restrictions. The Trump administration plans to appeal the ruling.

Other critiques of the 2024 law include that many of its biggest changes weren’t changes at all, but instead codifications of changes that then-FBI Director Christopher Wray had implemented. Abuses continued after those changes, Goitein said.

Gerstell said enshrining those changes into law wasn’t a bad thing. “The statute expressly codified some but not all of Wray reforms — and some went beyond that in many ways,” he said. Those changes included requiring FBI deputy director approval of U.S. person queries that target elected officials, government appointees, political candidates or organizations, or media. Those were some of the more criticized prior targeting abuses.

The fight still ahead

Republicans remain divided over extending the law. Some who had reservations about a clean reauthorization have come on board, such as Senate Judiciary Chairman Chuck Grassley, R-Iowa, who had taken issue with limitations on congressional attendance of FISC proceedings but since has had that concern resolved.

Others may have been swayed by direct lobbying from the Trump administration, including a social media post from Trump himself this week, where he wrote, “I am willing to risk the giving up of my Rights and Privileges as a Citizen for our Great Military and Country!” Still others have had their position against a clean extension hardened by the FISC court opinion and additional concerns.

Other issues have become enmeshed in the reauthorization debate, such as calls to block government agencies from purchasing information from data brokers. But “this has nothing to do with this authority,” said George Barnes, former deputy director of the NSA. 

But lawmakers of both parties have complained for months that the administration was silent for too long as the law’s expiration loomed.

Only recently did the Trump administration share new examples of the law’s successes, including that it had thwarted a 2024 terrorist attack on a Taylor Swift concert. Barnes said releasing such examples might offer a public case for the law, but has its downsides, too.

“I was always understanding but frustrated by the need to release examples just because they choreographed to the adversary what we could do,” said Barnes, now Red Cell’s cyber practice president. 

Reauthorizing Section 702 is urgent, though, for cybersecurity purposes, he said.

“A lot of the impact that I saw the authority having over my time was in cybersecurity as well,” he said. “And so when you have foreign entities that are targeting the U.S., or U.S. interests overseas, that authority can be positioned to help eliminate those activities.”

The post The surveillance law Congress can’t quit — and can’t explain appeared first on CyberScoop.

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