HR 4900 IHCommentsClose CommentsPermalink

To amend chapter 35 of title 44, United States Code, to create the National Office for Cyberspace, to revise requirements relating to Federal information security, and for other purposes.CommentsClose CommentsPermalink

March 22, 2010CommentsClose CommentsPermalink

Ms. WATSON introduced the following bill; which was referred to the Committee on Oversight and Government ReformCommentsClose CommentsPermalink

To amend chapter 35 of title 44, United States Code, to create the National Office for Cyberspace, to revise requirements relating to Federal information security, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

(a) Short Title- This Act may be cited as the ‘Federal Information Security Amendments Act of 2010’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Coordination of Federal Information Policy.CommentsClose CommentsPermalink





Sec. 3. Information Security Acquisition Requirements.CommentsClose CommentsPermalink





Sec. 4. Technical and conforming amendments.CommentsClose CommentsPermalink





Sec. 5. Effective date.CommentsClose CommentsPermalink

SEC. 2. COORDINATION OF FEDERAL INFORMATION POLICY.

Chapter 35 of title 44, United States Code, is amended by striking subchapters II and III and inserting the following:CommentsClose CommentsPermalink

‘SUBCHAPTER II--INFORMATION SECURITY

‘Sec. 3551. Purposes

‘The purposes of this subchapter are to--CommentsClose CommentsPermalink





‘(1) provide a comprehensive framework for ensuring the effectiveness of information security controls over information resources that support Federal operations and assets;CommentsClose CommentsPermalink





‘(2) recognize the highly networked nature of the current Federal computing environment and provide effective Governmentwide management and oversight of the related information security risks, including coordination of information security efforts throughout the civilian, national security, and law enforcement communities;CommentsClose CommentsPermalink





‘(3) provide for development and maintenance of minimum controls required to protect Federal information and information systems;CommentsClose CommentsPermalink





‘(4) provide a mechanism for improved oversight of Federal agency information security programs;CommentsClose CommentsPermalink





‘(5) acknowledge that commercially developed information security products offer advanced, dynamic, robust, and effective information security solutions, reflecting market solutions for the protection of critical information infrastructures important to the national defense and economic security of the Nation that are designed, built, and operated by the private sector; andCommentsClose CommentsPermalink





‘(6) recognize that the selection of specific technical hardware and software information security solutions should be left to individual agencies from among commercially developed products.CommentsClose CommentsPermalink

‘Sec. 3552. Definitions

‘(a) Section 3502 Definitions- Except as provided under subsection (b), the definitions under section 3502 shall apply to this subchapter.CommentsClose CommentsPermalink





‘(b) Additional Definitions- In this subchapter:CommentsClose CommentsPermalink





‘(1) The term ‘adequate security’ means security that complies with the regulations promulgated under section 3554 and the standards promulgated under section 3558.CommentsClose CommentsPermalink





‘(2) The term ‘incident’ means an occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies.CommentsClose CommentsPermalink





‘(3) The term ‘information infrastructure’ means the underlying framework that information systems and assets rely on in processing, storing, or transmitting information electronically.CommentsClose CommentsPermalink





‘(4) The term ‘information security’ means protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide--CommentsClose CommentsPermalink





‘(A) integrity, which means guarding against improper information modification or destruction, and includes ensuring information nonrepudiation and authenticity;CommentsClose CommentsPermalink





‘(B) confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; andCommentsClose CommentsPermalink





‘(C) availability, which means ensuring timely and reliable access to and use of information.CommentsClose CommentsPermalink





‘(5) The term ‘information technology’ has the meaning given that term in section 11101 of title 40.CommentsClose CommentsPermalink





‘(6)(A) The term ‘national security system’ means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency--CommentsClose CommentsPermalink





‘(i) the function, operation, or use of which--CommentsClose CommentsPermalink





‘(I) involves intelligence activities;CommentsClose CommentsPermalink





‘(II) involves cryptologic activities related to national security;CommentsClose CommentsPermalink





‘(III) involves command and control of military forces;CommentsClose CommentsPermalink





‘(IV) involves equipment that is an integral part of a weapon or weapons system; orCommentsClose CommentsPermalink





‘(V) subject to subparagraph (B), is critical to the direct fulfillment of military or intelligence missions; orCommentsClose CommentsPermalink





‘(ii) is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.CommentsClose CommentsPermalink





‘(B) Subparagraph (A)(I)(V) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).CommentsClose CommentsPermalink

‘Sec. 3553. National Office for Cyberspace

‘(a) Establishment- There is established within the Executive Office of the President an office to be known as the National Office for Cyberspace.CommentsClose CommentsPermalink





‘(b) Director- There shall be at the head of the Office a Director, who shall be appointed by the President by and with the advice and consent of the Senate. The Director of the National Office for Cyberspace shall administer all functions under this subchapter and collaborate to the extent practicable with the heads of appropriate agencies, the private sector, and international partners. The Office shall serve as the principal office for coordinating issues relating to achieving an assured, reliable, secure, and survivable information infrastructure and related capabilities for the Federal Government.CommentsClose CommentsPermalink

‘Sec. 3554. Federal Cybersecurity Practice Board

‘(a) Establishment- Within the National Office for Cyberspace, there shall be established a board to be known as the ‘Federal Cybersecurity Practice Board’ (in this section referred to as the ‘Board’).CommentsClose CommentsPermalink





‘(b) Members- The Board shall be chaired by the Director of the National Office for Cyberspace and consist of at least one representative from--CommentsClose CommentsPermalink





‘(1) the Office of Management and Budget;CommentsClose CommentsPermalink





‘(2) civilian agencies;CommentsClose CommentsPermalink





‘(3) the Department of Defense;CommentsClose CommentsPermalink





‘(4) the law enforcement community; andCommentsClose CommentsPermalink





‘(5) such additional military and civilian agencies as the Director considers appropriate.CommentsClose CommentsPermalink





‘(c) Responsibilities-CommentsClose CommentsPermalink





‘(1) DEVELOPMENT OF POLICIES AND PROCEDURES- Subject to the authority, direction, and control of the Director of the National Office for Cyberspace, the Board shall be responsible for developing and periodically updating information security policies and procedures relating to the matters described in paragraph (2). In developing such policies and procedures, the Board shall require that all matters addressed in the policies and procedures are consistent, to the maximum extent practicable and in accordance with applicable law, among the civilian, military, intelligence, and law enforcement communities.CommentsClose CommentsPermalink





‘(2) SPECIFIC MATTERS COVERED IN POLICIES AND PROCEDURES-CommentsClose CommentsPermalink





‘(A) MINIMUM SECURITY CONTROLS- The Board shall be responsible for developing and periodically updating information security policies and procedures relating to minimum security controls for information technology, in order to--CommentsClose CommentsPermalink





‘(i) provide Governmentwide protection of Government-networked computers against common attacks; andCommentsClose CommentsPermalink





‘(ii) provide agencywide protection against threats, vulnerabilities, and other risks to the information infrastructure within individual agencies.CommentsClose CommentsPermalink





‘(B) MEASURES OF EFFECTIVENESS- The Board shall be responsible for developing and periodically updating information security policies and procedures relating to measurements needed to assess the effectiveness of the minimum security controls referred to in subparagraph (A). Such measurements shall include a risk scoring system to evaluate risk to information security both Governmentwide and within contractors of the Federal Government.CommentsClose CommentsPermalink





‘(C) PRODUCTS AND SERVICES- The Board shall be responsible for developing and periodically updating information security policies and procedures relating to criteria for products and services to be used in agency information systems and agency information infrastructure that will meet the minimum security controls referred to in subparagraph (A). In carrying out this subparagraph, the Board shall, in consultation with the Office of Management and Budget and the General Services Administration--CommentsClose CommentsPermalink





‘(i) develop a list, set forth in order of priority, of technologies that agencies can use to automate security functions; andCommentsClose CommentsPermalink





‘(ii) define minimum standards for secure development of software products and services.CommentsClose CommentsPermalink





‘(D) REMEDIES- The Board shall be responsible for developing and periodically updating information security policies and procedures relating to methods for providing remedies for security deficiencies identified in agency information systems.CommentsClose CommentsPermalink





‘(3) RELATIONSHIP TO OTHER STANDARDS- The policies and procedures developed under paragraph (1) are supplemental to the standards promulgated by the Director of the National Office for Cyberspace under section 3558.CommentsClose CommentsPermalink





‘(4) RECOMMENDATIONS FOR REGULATIONS- The Board shall be responsible for making recommendations to the Director of the National Office for Cyberspace on regulations to carry out the policies and procedures developed by the Board under paragraph (1).CommentsClose CommentsPermalink





‘(d) Regulations- The Director of the National Office for Cyberspace, in consultation with the Director of the Office of Management and the Administrator of General Services, shall promulgate and periodically update regulations to carry out the policies and procedures developed by the Board under subsection (c).CommentsClose CommentsPermalink





‘(e) Annual Report- The Director of the National Office for Cyberspace shall provide to Congress a report containing a summary of agency progress in implementing the regulations promulgated under this section as part of the annual report to Congress required under section 3555(a)(8).CommentsClose CommentsPermalink





‘(f) Exemption From Disclosure- Information regarding threats, vulnerabilities, and risks submitted by agencies to the Board shall be exempt from disclosure under section 552 of title 5.CommentsClose CommentsPermalink

‘Sec. 3555. Authority and functions of the Director of the National Office for Cyberspace

‘(a) In General- The Director of the National Office for Cyberspace shall oversee agency information security policies and practices, including--CommentsClose CommentsPermalink





‘(1) developing and overseeing the implementation of policies, principles, standards, and guidelines on information security, including through ensuring timely agency adoption of and compliance with standards promulgated under section 3558;CommentsClose CommentsPermalink





‘(2) requiring agencies, consistent with the standards promulgated under section 3558 and other requirements of this subchapter, to identify and provide information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of--CommentsClose CommentsPermalink





‘(A) information collected or maintained by or on behalf of an agency; orCommentsClose CommentsPermalink





‘(B) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency;CommentsClose CommentsPermalink





‘(3) coordinating the development of standards and guidelines under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) with agencies and offices operating or exercising control of national security systems (including the National Security Agency) to assure, to the maximum extent feasible, that such standards and guidelines are complementary with standards and guidelines developed for national security systems;CommentsClose CommentsPermalink





‘(4) overseeing agency compliance with the requirements of this subchapter, including through any authorized action under section 11303 of title 40, to enforce accountability for compliance with such requirements;CommentsClose CommentsPermalink





‘(5) reviewing at least annually, and approving or disapproving, agency information security programs required under section 3556(b);CommentsClose CommentsPermalink





‘(6) coordinating information security policies and procedures with related information resources management policies and procedures;CommentsClose CommentsPermalink





‘(7) overseeing the operation of the Federal information security incident center required under section 3559; andCommentsClose CommentsPermalink





‘(8) reporting to Congress no later than March 1 of each year on agency compliance with the requirements of this subchapter, including--CommentsClose CommentsPermalink





‘(A) a summary of the findings of audits required by section 3557;CommentsClose CommentsPermalink





‘(B) an assessment of the development, promulgation, and adoption of, and compliance with, standards developed under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) and promulgated under section 3558;CommentsClose CommentsPermalink





‘(C) significant deficiencies in agency information security practices;CommentsClose CommentsPermalink





‘(D) planned remedial action to address such deficiencies; andCommentsClose CommentsPermalink





‘(E) a summary of, and the views of the Director of the National Office for Cyberspace on, the report prepared by the National Institute of Standards and Technology under section 20(d)(10) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3).CommentsClose CommentsPermalink





‘(b) National Security Systems- Except for the authorities described in paragraphs (4) and (8) of subsection (a), the authorities of the Director of the National Office for Cyberspace under this section shall not apply to national security systems.CommentsClose CommentsPermalink





‘(c) Department of Defense and Central Intelligence Agency Systems- (1) The authorities of the Director of the National Office for Cyberspace described in paragraphs (1) and (2) of subsection (a) shall be delegated to the Secretary of Defense in the case of systems described in paragraph (2) and to the Director of Central Intelligence in the case of systems described in paragraph (3).CommentsClose CommentsPermalink





‘(2) The systems described in this paragraph are systems that are operated by the Department of Defense, a contractor of the Department of Defense, or another entity on behalf of the Department of Defense that processes any information the unauthorized access, use, disclosure, disruption, modification, or destruction of which would have a debilitating impact on the mission of the Department of Defense.CommentsClose CommentsPermalink





‘(3) The systems described in this paragraph are systems that are operated by the Central Intelligence Agency, a contractor of the Central Intelligence Agency, or another entity on behalf of the Central Intelligence Agency that processes any information the unauthorized access, use, disclosure, disruption, modification, or destruction of which would have a debilitating impact on the mission of the Central Intelligence Agency.CommentsClose CommentsPermalink

‘Sec. 3556. Agency responsibilities

‘(a) In General- The head of each agency shall--CommentsClose CommentsPermalink





‘(1) be responsible for--CommentsClose CommentsPermalink





‘(A) providing information security protections commensurate with the risk and magnitude of the harm resulting from unauthorized access, use, disclosure, disruption, modification, or destruction of--CommentsClose CommentsPermalink





‘(i) information collected or maintained by or on behalf of the agency; andCommentsClose CommentsPermalink





‘(ii) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency;CommentsClose CommentsPermalink





‘(B) complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines, including--CommentsClose CommentsPermalink





‘(i) the regulations promulgated under section 3554 and the information security standards promulgated under section 3558;CommentsClose CommentsPermalink





‘(ii) information security standards and guidelines for national security systems issued in accordance with law and as directed by the President; andCommentsClose CommentsPermalink





‘(iii) ensuring the standards implemented for information systems and national security systems under the agency head are complementary and uniform, to the extent practicable; andCommentsClose CommentsPermalink





‘(C) ensuring that information security management processes are integrated with agency strategic and operational planning processes;CommentsClose CommentsPermalink





‘(2) ensure that senior agency officials provide information security for the information and information systems that support the operations and assets under their control, including through--CommentsClose CommentsPermalink





‘(A) assessing the risk and magnitude of the harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of such information or information systems;CommentsClose CommentsPermalink





‘(B) determining the levels of information security appropriate to protect such information and information systems in accordance with regulations promulgated under section 3554 and standards promulgated under section 3558, for information security classifications and related requirements;CommentsClose CommentsPermalink





‘(C) implementing policies and procedures to cost effectively reduce risks to an acceptable level; andCommentsClose CommentsPermalink





‘(D) continuously testing and evaluating information security controls and techniques to ensure that they are effectively implemented;CommentsClose CommentsPermalink





‘(3) delegate to an agency official designated to oversee agency information security the authority to ensure and enforce compliance with the requirements imposed on the agency under this subchapter, including--CommentsClose CommentsPermalink





‘(A) overseeing the establishment and maintenance of a security operations capability on an automated and continuous basis that can--CommentsClose CommentsPermalink





‘(i) assess the state of compliance of all networks and systems with prescribed controls issued pursuant to section 3558 and report immediately any variance therefrom and, where appropriate, shut down systems that are found to be non-compliant;CommentsClose CommentsPermalink





‘(ii) detect, report, respond to, contain, and mitigate incidents that impair adequate security of the information and information infrastructure, in accordance with policy provided by the Director of the National Office for Cyberspace, in consultation with the Chief Information Officers Council, and guidance from the National Institute of Standards and Technology;CommentsClose CommentsPermalink





‘(iii) collaborate with the National Office for Cyberspace and appropriate public and private sector security operations centers to address incidents that impact the security of information and information infrastructure that extend beyond the control of the agency; andCommentsClose CommentsPermalink





‘(iv) not later than 24 hours after discovery of any incident described under subparagraph (A (ii)), unless otherwise directed by policy of the National Office for Cyberspace, provide notice to the appropriate security operations center, the National Cyber Investigative Joint Task Force, and inspector general;CommentsClose CommentsPermalink





‘(B) developing, maintaining, and overseeing an agency wide information security program as required by subsection (b);CommentsClose CommentsPermalink





‘(C) developing, maintaining, and overseeing information security policies, procedures, and control techniques to address all applicable requirements, including those issued under sections 3555 and 3558;CommentsClose CommentsPermalink





‘(D) training and overseeing personnel with significant responsibilities for information security with respect to such responsibilities; andCommentsClose CommentsPermalink





‘(E) assisting senior agency officials concerning their responsibilities under paragraph (2);CommentsClose CommentsPermalink





‘(4) ensure that the agency has trained and cleared personnel sufficient to assist the agency in complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines;CommentsClose CommentsPermalink





‘(5) ensure that the agency official designated to oversee agency information security, in coordination with other senior agency officials, reports biannually to the agency head on the effectiveness of the agency information security program, including progress of remedial actions; andCommentsClose CommentsPermalink





‘(6) ensure that the agency official designated to oversee agency information security possesses necessary qualifications, including education, professional certifications, training, experience, and the security clearance required to administer the functions described under this subchapter; and has information security duties as the primary duty of that official.CommentsClose CommentsPermalink





‘(b) Agency Program- Each agency shall develop, document, and implement an agencywide information security program, approved by the Director of the National Office for Cyberspace under section 3555(a)(5), to provide information security for the information and information systems that support the operations and assets of the agency, including those provided or managed by another agency, contractor, or other source, that includes--CommentsClose CommentsPermalink





‘(1) continuous automated monitoring of information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency to assure conformance with regulations promulgated under section 3554 and standards promulgated under section 3558;CommentsClose CommentsPermalink





‘(2) penetration tests commensurate with risk (as defined by the National Institute of Standards and Technology and the National Office for Cyberspace) for agency information systems;CommentsClose CommentsPermalink





‘(3) information security vulnerabilities are mitigated based on the risk posed to the agency;CommentsClose CommentsPermalink





‘(4) policies and procedures that--CommentsClose CommentsPermalink





‘(A) cost effectively reduce information security risks to an acceptable level;CommentsClose CommentsPermalink





‘(B) ensure that information security is addressed throughout the life cycle of each agency information system; andCommentsClose CommentsPermalink





‘(C) ensure compliance with--CommentsClose CommentsPermalink





‘(i) the requirements of this subchapter;CommentsClose CommentsPermalink





‘(ii) policies and procedures as may be prescribed by the Director of the National Office for Cyberspace, and information security standards promulgated under section 3558;CommentsClose CommentsPermalink





‘(iii) minimally acceptable system configuration requirements, as determined by the Director of the National Office for Cyberspace; andCommentsClose CommentsPermalink





‘(iv) any other applicable requirements, including standards and guidelines for national security systems issued in accordance with law and as directed by the President; of how the controls described under subparagraph (A) maintain the appropriate level of confidentiality, integrity, and availability of information and information systems based on--CommentsClose CommentsPermalink





‘(I) the policy of the Director of the National Office for Cyberspace;CommentsClose CommentsPermalink





‘(II) the National Institute of Standards and Technology guidance; andCommentsClose CommentsPermalink





‘(III) the Chief Information Officers Council recommended approaches;CommentsClose CommentsPermalink





‘(D) developing, maintaining, and overseeing an agency wide information security program as required by subsection (b);CommentsClose CommentsPermalink





‘(E) developing, maintaining, and overseeing information security policies, procedures, and control techniques to address all applicable requirements, including those issued under sections 3555 and 3558;CommentsClose CommentsPermalink





‘(F) training and overseeing personnel with significant responsibilities for information security with respect to such responsibilities; andCommentsClose CommentsPermalink





‘(G) assisting senior agency officials concerning their responsibilities under paragraph (2);CommentsClose CommentsPermalink





‘(5) ensure that the agency has trained and cleared personnel sufficient to assist the agency in complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines;CommentsClose CommentsPermalink





‘(6) ensure that the agency official designated to oversee agency information security, in coordination with other senior agency officials, reports biannually to the agency head on the effectiveness of the agency information security program, including progress of remedial actions; andCommentsClose CommentsPermalink





‘(7) ensure that the agency official designated to oversee agency information security possesses necessary qualifications, including education, professional certifications, training, experience, and the security clearance required to administer the functions described under this subchapter; and has information security duties as the primary duty of that official.CommentsClose CommentsPermalink





‘(8) to the extent practicable, automated and continuous technical monitoring for testing, and evaluation of the effectiveness and compliance of information security policies, procedures, and practices, including--CommentsClose CommentsPermalink





‘(A) management, operational, and technical controls of every information system identified in the inventory required under section 3505(b); andCommentsClose CommentsPermalink





‘(B) management, operational, and technical controls relied on for an evaluation under section 3556;CommentsClose CommentsPermalink





‘(9) a process for planning, implementing, evaluating, and documenting remedial action to address any deficiencies in the information security policies, procedures, and practices of the agency;CommentsClose CommentsPermalink





‘(10) to the extent practicable, continuous technical monitoring for detecting, reporting, and responding to security incidents, consistent with standards and guidelines issued by the Director of the National Office for Cyberspace, including--CommentsClose CommentsPermalink





‘(A) mitigating risks associated with such incidents before substantial damage is done;CommentsClose CommentsPermalink





‘(B) notifying and consulting with the appropriate security operations response center; andCommentsClose CommentsPermalink





‘(C) notifying and consulting with, as appropriate--CommentsClose CommentsPermalink





‘(i) law enforcement agencies and relevant Offices of Inspectors General;CommentsClose CommentsPermalink





‘(ii) the National Office for Cyberspace; andCommentsClose CommentsPermalink





‘(iii) any other agency or office, in accordance with law or as directed by the President; andCommentsClose CommentsPermalink





‘(11) plans and procedures to ensure continuity of operations for information systems that support the operations and assets of the agency.CommentsClose CommentsPermalink





‘(c) Agency Reporting- Each agency shall--CommentsClose CommentsPermalink





‘(1) submit an annual report on the adequacy and effectiveness of information security policies, procedures, and practices, and compliance with the requirements of this subchapter, including compliance with each requirement of subsection (b) to--CommentsClose CommentsPermalink





‘(A) the National Office for Cyberspace;CommentsClose CommentsPermalink





‘(B) the Committee on Homeland Security and Governmental Affairs of the Senate;CommentsClose CommentsPermalink





‘(C) the Committee on Oversight and Government Reform of the House of Representatives;CommentsClose CommentsPermalink





‘(D) other appropriate authorization and appropriations committees of Congress; andCommentsClose CommentsPermalink





‘(E) the Comptroller General;CommentsClose CommentsPermalink





‘(2) address the adequacy and effectiveness of information security policies, procedures, and practices in plans and reports relating to--CommentsClose CommentsPermalink





‘(A) annual agency budgets;CommentsClose CommentsPermalink





‘(B) information resources management of this subchapter;CommentsClose CommentsPermalink





‘(C) information technology management under this chapter;CommentsClose CommentsPermalink





‘(D) program performance under sections 1105 and 1115 through 1119 of title 31, and sections 2801 and 2805 of title 39;CommentsClose CommentsPermalink





‘(E) financial management under chapter 9 of title 31, and the Chief Financial Officers Act of 1990 (31 U.S.C. 501 note; Public Law 101-576) (and the amendments made by that Act);CommentsClose CommentsPermalink





‘(F) financial management systems under the Federal Financial Management Improvement Act (31 U.S.C. 3512 note); andCommentsClose CommentsPermalink





‘(G) internal accounting and administrative controls under section 3512 of title 31; andCommentsClose CommentsPermalink





‘(3) report any significant deficiency in a policy, procedure, or practice identified under paragraph (1) or (2)--CommentsClose CommentsPermalink





‘(A) as a material weakness in reporting under section 3512 of title 31; andCommentsClose CommentsPermalink





‘(B) if relating to financial management systems, as an instance of a lack of substantial compliance under the Federal Financial Management Improvement Act (31 U.S.C. 3512 note).CommentsClose CommentsPermalink





‘(d) Performance Plan- (1) In addition to the requirements of subsection(c), each agency, in consultation with the National Office for Cyberspace, shall include as part of the performance plan required under section 1115 of title 31 a description of--CommentsClose CommentsPermalink





‘(A) the time periods; andCommentsClose CommentsPermalink





‘(B) the resources, including budget, staffing, and training, that are necessary to implement the program required under subsection (b).CommentsClose CommentsPermalink





‘(2) The description under paragraph (1) shall be based on the risk assessments required under subsection (b)(2)(1) and operational evaluations required under section 3553(d).CommentsClose CommentsPermalink





‘(e) Public Notice and Comment- Each agency shall provide the public with timely notice and opportunities for comment on proposed information security policies and procedures to the extent that such policies and procedures affect communication with the public.CommentsClose CommentsPermalink

‘Sec. 3557. Annual independent audit

‘(a) In General- (1) Each year each agency shall have performed an independent audit of the information security program and practices of that agency to determine the effectiveness of such program and practices.CommentsClose CommentsPermalink





‘(2) Each audit under this section shall include--CommentsClose CommentsPermalink





‘(A) testing of the effectiveness of the information systems of the agency for automated, continuous monitoring of the state of compliance of its information systems with regulations promulgated under section 3554 and standards promulgated under section 3558 in a representative subset of--CommentsClose CommentsPermalink





‘(i) the information systems used or operated by the agency; andCommentsClose CommentsPermalink





‘(ii) the information systems used, operated, or supported on behalf of the agency by a contractor of the agency, a subcontractor (at any tier) of such contractor, or any other entity;CommentsClose CommentsPermalink





‘(B) an assessment (made on the basis of the results of the testing) of compliance with--CommentsClose CommentsPermalink





‘(i) the requirements of this subchapter; andCommentsClose CommentsPermalink





‘(ii) related information security policies, procedures, standards, and guidelines;CommentsClose CommentsPermalink





‘(C) separate presentations, as appropriate, regarding information security relating to national security systems; andCommentsClose CommentsPermalink





‘(D) a conclusion regarding whether the information security controls of the agency are effective, including an identification of any significant deficiencies in such controls.CommentsClose CommentsPermalink





‘(3) Each audit under this section shall be performed in accordance with applicable generally accepted Government auditing standards.CommentsClose CommentsPermalink





‘(b) Independent Auditor- Subject to subsection (c)--CommentsClose CommentsPermalink





‘(1) for each agency with an Inspector General appointed under the Inspector General Act of 1978 or any other law, the annual audit required by this section shall be performed by the Inspector General or by an independent external auditor, as determined by the Inspector General of the agency; andCommentsClose CommentsPermalink





‘(2) for each agency to which paragraph (1) does not apply, the head of the agency shall engage an independent external auditor to perform the audit.CommentsClose CommentsPermalink





‘(c) National Security Systems- For each agency operating or exercising control of a national security system, that portion of the audit required by this section directly relating to a national security system shall be performed--CommentsClose CommentsPermalink





‘(1) only by an entity designated head; andCommentsClose CommentsPermalink





‘(2) in such a manner as to ensure appropriate protection for information associated with any information security vulnerability in such system commensurate with the risk and in accordance with all applicable laws.CommentsClose CommentsPermalink





‘(d) Existing Audits- The audit required by this section may be based in whole or in part on another audit relating to programs or practices of the applicable agency.CommentsClose CommentsPermalink





‘(e) Agency Reporting- (1) Each year, not later than such date established by the Director of the National Office for Cyberspace, the head of each agency shall submit to the Director the results of the audit required under this section.CommentsClose CommentsPermalink





‘(2) To the extent an audit required under this section directly relates to a national security system, the results of the audit submitted to the Director of the National Office for Cyberspace shall contain only a summary and assessment of that portion of the audit directly relating to a national security system.CommentsClose CommentsPermalink





‘(f) Protection of Information- Agencies and auditors shall take appropriate steps to ensure the protection of information which, if disclosed, may adversely affect information security. Such protections shall be commensurate with the risk and comply with all applicable laws and regulations.CommentsClose CommentsPermalink





‘(g) OMB Reports to Congress- (1) The Director of the National Office for Cyberspace shall summarize the results of the audits conducted under this section in the annual report to Congress required under section 3555(a)(8).CommentsClose CommentsPermalink





‘(2) The Director’s report to Congress under this subsection shall summarize information regarding information security relating to national security systems in such a manner as to ensure appropriate protection for information associated with any information security vulnerability in such system commensurate with the risk and in accordance with all applicable laws.CommentsClose CommentsPermalink





‘(3) Audits and any other descriptions of information systems under the authority and control of the Director of Central Intelligence or of National Foreign Intelligence Programs systems under the authority and control of the Secretary of Defense shall be made available to Congress only through the appropriate oversight committees of Congress, in accordance with applicable laws.CommentsClose CommentsPermalink





‘(h) Comptroller General- The Comptroller General shall periodically evaluate and report to Congress on--CommentsClose CommentsPermalink





‘(1) the adequacy and effectiveness of agency information security policies and practices; andCommentsClose CommentsPermalink





‘(2) implementation of the requirements of this subchapter.CommentsClose CommentsPermalink





‘(i) Contractor Audits- Each year each contractor that operates, uses, or supports an information system by or on behalf of an agency and each subcontractor of such contractor--CommentsClose CommentsPermalink





‘(1) shall conduct an audit using an independent external auditor, as determined by the Comptroller General, in accordance with subsection (a), including an assessment of compliance with the applicable requirements of this subchapter; andCommentsClose CommentsPermalink





‘(2) shall submit the results of such audit to such agency not later than such date established by the Agency.CommentsClose CommentsPermalink

‘Sec. 3558. Responsibilities for Federal information systems standards

‘(a) Requirement To Prescribe Standards-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) REQUIREMENT- Except as provided under paragraph (2), the Director of the Office of Management and Budget shall, on the basis of proposed standards developed by the National Institute of Standards and Technology pursuant to paragraphs (2) and (3) of section 20(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(a)) and in consultation with the Secretary of Homeland Security, promulgate information security standards pertaining to Federal information systems.CommentsClose CommentsPermalink





‘(B) REQUIRED STANDARDS- Standards promulgated under subparagraph (A) shall include--CommentsClose CommentsPermalink





‘(i) standards that provide minimum information security requirements as determined under section 20(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3(b)); andCommentsClose CommentsPermalink





‘(ii) such standards that are otherwise necessary to improve the efficiency of operation or security of Federal information systems.CommentsClose CommentsPermalink





‘(C) REQUIRED STANDARDS BINDING- Information security standards described under subparagraph (B) shall be compulsory and binding.CommentsClose CommentsPermalink





‘(2) STANDARDS AND GUIDELINES FOR NATIONAL SECURITY SYSTEMS- Standards and guidelines for national security systems, as defined under section 3552(b), shall be developed, promulgated, enforced, and overseen as otherwise authorized by law and as directed by the President.CommentsClose CommentsPermalink





‘(b) Application of More Stringent Standards- The head of an agency may employ standards for the cost-effective information security for all operations and assets within or under the supervision of that agency that are more stringent than the standards promulgated by the Director of the Office of Management and Budget under this section, if such standards--CommentsClose CommentsPermalink





‘(1) contain, at a minimum, the provisions of those applicable standards made compulsory and binding by the Director; andCommentsClose CommentsPermalink





‘(2) are otherwise consistent with policies and guidelines issued under section 3555.CommentsClose CommentsPermalink





‘(c) Requirements Regarding Decisions by Director-CommentsClose CommentsPermalink





‘(1) DEADLINE- The decision regarding the promulgation of any standard by the Director of the Office of Management and Budget under subsection (b) shall occur not later than 6 months after the submission of the proposed standard to the Director by the National Institute of Standards and Technology, as provided under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3).CommentsClose CommentsPermalink





‘(2) NOTICE AND COMMENT- A decision by the Director of the Office of Management and Budget to significantly modify, or not promulgate, a proposed standard submitted to the Director by the National Institute of Standards and Technology, as provided under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3), shall be made after the public is given an opportunity to comment on the Director’s proposed decision.CommentsClose CommentsPermalink

‘Sec. 3559. Federal information security incident center

‘(a) In General- The Director of the National Office for Cyberspace shall ensure the operation of a central Federal information security incident center to--CommentsClose CommentsPermalink





‘(1) provide timely technical assistance to operators of agency information systems regarding security incidents, including guidance on detecting and handling information security incidents;CommentsClose CommentsPermalink





‘(2) compile and analyze information about incidents that threaten information security;CommentsClose CommentsPermalink





‘(3) inform operators of agency information systems about current and potential information security threats, and vulnerabilities; andCommentsClose CommentsPermalink





‘(4) consult with the National Institute of Standards and Technology, agencies or offices operating or exercising control of national security systems (including the National Security Agency), and such other agencies or offices in accordance with law and as directed by the President regarding information security incidents and related matters.CommentsClose CommentsPermalink





‘(b) National Security Systems- Each agency operating or exercising control of a national security system shall share information about information security incidents, threats, and vulnerabilities with the Federal information security incident center to the extent consistent with standards and guidelines for national security systems, issued in accordance with law and as directed by the President.CommentsClose CommentsPermalink





‘(c) Review and Approval- In coordination with the Administrator for Electronic Government and Information Technology, the Director of the National Office for Cyberspace shall review and approve the policies, procedures, and guidance established in this subchapter to ensure that the incident center has the capability to effectively and efficiently detect, correlate, respond to, contain, and mitigate incidents that impair the adequate security of the information systems and information infrastructure of more than one agency. To the extent practicable, the capability shall be continuous and technically automated.CommentsClose CommentsPermalink

‘Sec. 3560. National security systems

‘The head of each agency operating or exercising control of a national security system shall be responsible for ensuring that the agency--CommentsClose CommentsPermalink





‘(1) provides information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of the information contained in such system;CommentsClose CommentsPermalink





‘(2) implements information security policies and practices as required by standards and guidelines for national security systems, issued in accordance with law and as directed by the President; andCommentsClose CommentsPermalink





‘(3) complies with the requirements of this subchapter.’.CommentsClose CommentsPermalink

SEC. 3. INFORMATION SECURITY ACQUISITION REQUIREMENTS.

(a) In General- Chapter 113 of title 40, United States Code, is amended by adding at the end of subchapter II the following new section:CommentsClose CommentsPermalink

‘Sec. 11319. Information security acquisition requirements.

‘(a) Prohibition- Notwithstanding any other provision of law, beginning one year after the date of the enactment of the Federal Information Security Amendments Act of 2010, no agency may enter into a contract, an order under a contract, or an interagency agreement for--CommentsClose CommentsPermalink





‘(1) the collection, use, management, storage, or dissemination of information on behalf of the agency;CommentsClose CommentsPermalink





‘(2) the use or operation of an information system on behalf of the agency; orCommentsClose CommentsPermalink





‘(3) information technology;CommentsClose CommentsPermalink





unless such contract, order, or agreement includes requirements to provide effective information security that supports the operations and assets under the control of the agency, in compliance with the policies, standards, and guidance developed under subsection (b), and otherwise ensures compliance with this section.CommentsClose CommentsPermalink





‘(b) Coordination of Secure Acquisition Policies-CommentsClose CommentsPermalink





‘(1) IN GENERAL- The Director, in consultation with the Director of the National Institute of Standards and Technology, the Director of the National Office for Cyberspace, and the Administrator of General Services, shall oversee the development and implementation of policies, standards, and guidance, including through revisions to the Federal Acquisition Regulation and the Department of Defense supplement to the Federal Acquisition Regulation, to cost effectively enhance agency information security, including--CommentsClose CommentsPermalink





‘(A) minimum information security requirements for agency procurement of commercial off-the-shelf information technology and other products and services; andCommentsClose CommentsPermalink





‘(B) approaches for evaluating and mitigating significant supply chain security risks associated with products or services to be acquired by agencies.CommentsClose CommentsPermalink





‘(2) REPORT- Not later than two years after the date of the enactment of the Federal Information Security Amendments Act of 2010, the Director shall submit to Congress a report describing--CommentsClose CommentsPermalink





‘(A) actions taken to improve the information security associated with the procurement of products and services by the Federal Government; andCommentsClose CommentsPermalink





‘(B) plans for overseeing and coordinating efforts of agencies to use best practice approaches for cost-effectively purchasing more secure products and services.CommentsClose CommentsPermalink





‘(c) Vulnerability Assessments of Major Systems-CommentsClose CommentsPermalink





‘(1) REQUIREMENT FOR INITIAL VULNERABILITY ASSESSMENTS- The Director shall require each agency to conduct an initial vulnerability assessment for any major system and its significant items of supply prior to its development. The initial vulnerability assessment of a major system and its significant items of supply shall include use of an analysis-based approach to--CommentsClose CommentsPermalink





‘(A) identify vulnerabilities;CommentsClose CommentsPermalink





‘(B) define exploitation potential;CommentsClose CommentsPermalink





‘(C) examine the system’s potential effectiveness;CommentsClose CommentsPermalink





‘(D) determine overall vulnerability; andCommentsClose CommentsPermalink





‘(E) make recommendations for risk reduction.CommentsClose CommentsPermalink





‘(2) SUBSEQUENT VULNERABILITY ASSESSMENTS-CommentsClose CommentsPermalink





‘(A) The Director shall require, if the Director determines that a change in circumstances warrants the issuance of a subsequent vulnerability assessment, a subsequent vulnerability assessment of each major system and its significant items of supply within the program.CommentsClose CommentsPermalink





‘(B) Upon the request of a congressional committee, the Director may require a subsequent vulnerability assessment of a particular major system and its significant items of supply within the program.CommentsClose CommentsPermalink





‘(C) Any subsequent vulnerability assessment of a major system and its significant items of supply shall include use of an analysis-based approach and, if applicable, a testing-based approach, to monitor the exploitation potential of such system and reexamine the factors described in subparagraphs (A) through (E) of paragraph (1).CommentsClose CommentsPermalink





‘(3) CONGRESSIONAL OVERSIGHT- The Director shall provide to the appropriate congressional committees a copy of each vulnerability assessment conducted under paragraph (1) or (2) not later than 10 days after the date of the completion of such assessment.CommentsClose CommentsPermalink





‘(d) Definitions- In this section:CommentsClose CommentsPermalink





‘(1) ITEM OF SUPPLY- The term ‘item of supply’--CommentsClose CommentsPermalink





‘(A) means any individual part, component, subassembly, assembly, or subsystem integral to a major system, and other property which may be replaced during the service life of the major system, including a spare part or replenishment part; andCommentsClose CommentsPermalink





‘(B) does not include packaging or labeling associated with shipment or identification of an item.CommentsClose CommentsPermalink





‘(2) VULNERABILITY ASSESSMENT- The term ‘vulnerability assessment’ means the process of identifying and quantifying vulnerabilities in a major system and its significant items of supply.CommentsClose CommentsPermalink





‘(3) MAJOR SYSTEM- The term ‘major system’ has the meaning given that term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403).’.CommentsClose CommentsPermalink

SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS.

(a) Table of Sections in Title 44- The table of sections for chapter 35 of title 44, United States Code, is amended by striking the matter relating to subchapters II and III and inserting the following:CommentsClose CommentsPermalink

‘subchapter ii--information security

‘3551. Purposes.CommentsClose CommentsPermalink





‘3552. Definitions.CommentsClose CommentsPermalink





‘3553. National Office for Cyberspace.CommentsClose CommentsPermalink





‘3554. Federal Cybersecurity Practice Board.CommentsClose CommentsPermalink





‘3555. Authority and functions of the Director of the National Office for Cyberspace.CommentsClose CommentsPermalink





‘3556. Agency responsibilities.CommentsClose CommentsPermalink





‘3557. Annual independent audit.CommentsClose CommentsPermalink





‘3558. Responsibilities for Federal information systems standards.CommentsClose CommentsPermalink





‘3559. Federal information security incident center.CommentsClose CommentsPermalink





‘3560. National security systems.’.CommentsClose CommentsPermalink





(b) Table of Sections in Title 40- The table of sections for chapter 113 of title 40, United States Code, is amended by inserting after the item relating to section 11318 the following new item:CommentsClose CommentsPermalink





‘Sec. 11319. Information security acquisition requirements.’.CommentsClose CommentsPermalink





(c) Other References-CommentsClose CommentsPermalink





(1) Section 1001(c)(1)(A) of the Homeland Security Act of 2002 (6 U.S.C. 511(c)(1)(A)) is amended by striking ‘section 3532(3)’ and inserting ‘section 3552(b)’.CommentsClose CommentsPermalink





(2) Section 2222(j)(6) of title 10, United States Code, is amended by striking ‘section 3542(b)(2))’ and inserting ‘section 3552(b)’.CommentsClose CommentsPermalink





(3) Section 2223(c)(3) of title 10, United States Code, is amended, by striking ‘section 3542(b)(2))’ and inserting ‘section 3552(b)’.CommentsClose CommentsPermalink





(4) Section 2315 of title 10, United States Code, is amended by striking ‘section 3542(b)(2))’ and inserting ‘section 3552(b)’.CommentsClose CommentsPermalink





(5) Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3) is amended--CommentsClose CommentsPermalink





(A) in subsections (a)(2) and (e)(5), by striking ‘section 3532(b)(2)’ and inserting ‘section 3552(b)’;CommentsClose CommentsPermalink





(B) in subsection (e)(2), by striking ‘section 3532(1)’ and inserting ‘section 3552(b)’; andCommentsClose CommentsPermalink





(C) in subsections (c)(3) and (d)(1), by striking ‘section 11331 of title 40’ and inserting ‘section 3558 of title 44’.CommentsClose CommentsPermalink





(6) Section 8(d)(1) of the Cyber Security Research and Development Act (15 U.S.C. 7406(d)(1)) is amended by striking ‘section 3534(b)’ and inserting ‘section 3556(b)’.CommentsClose CommentsPermalink





(d) Repeal-CommentsClose CommentsPermalink





(1) Subchapter III of chapter 113 of title 40, United States Code, is repealed.CommentsClose CommentsPermalink





(2) The table of sections for chapter 113 of such title is amended by striking the matter relating to subchapter III.CommentsClose CommentsPermalink

SEC. 5. EFFECTIVE DATE.

This Act (including the amendments made by this Act) shall take effect 30 days after the date of enactment of this Act.CommentsClose CommentsPermalink