§3552. Definitions — Inbound Citations
44 U.S.C. § 3552
Cited by 178 provisions in release 119-102.
Citations to 44 U.S.C. § 3552 as a whole
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(6) The term “incident” has the meaning given the term in section 3552 of title 44.
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(i) a national security system (as defined in section 3552 of title 44); or
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(3) The term “incident” has the meaning given such term in section 3552 of title 44.
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(5) The term “information security” has the meaning given such term in section 3552 of title 44.
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(B) The term “incident” has the meaning given the term in section 3552 of title 44.
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(7) The term “national security system” has the meaning given that term in section 3552 of title 44.
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(3) The term “incident” has the meaning given the term in section 3552 of title 44.
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(a) Except as provided under subsection (b), the definitions under sections 3502 and 3552 apply to this section through section 3616.
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(5) The term “covered system” means a national security system, as that term is defined in section 3552 of title 44.
Citations to §3552(b)
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(A) National security systems (as defined in section 3552(b) of title 44) and components of such systems.
Citations to §3552(b)(1)
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(2) developing and overseeing the implementation of binding operational directives to agencies to implement the policies, principles, standards, and guidelines developed by the Director under subsection (a)(1) and the requirements of this subchapter, which may be revised or repealed by the Director if the operational directives issued on behalf of the Director are not in accordance with policies, principles, standards, and guidelines developed by the Director, including—(A) requirements for reporting security incidents to the Federal information security incident center established under section 3556;(B) requirements for the contents of the annual reports required to be submitted under section 3554(c)(1);(C) requirements for the mitigation of exigent risks to information systems; and
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(A) consult with the Director of the National Institute of Standards and Technology regarding any binding operational directive that implements standards and guidelines developed by the National Institute of Standards and Technology; and
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(B) ensure that binding operational directives issued under subsection (b)(2) do not conflict with the standards and guidelines issued under section 11331 of title 40.
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(j) Nothing in this section shall be construed to require the Secretary to provide notice to any private entity before the Secretary issues a binding operational directive under subsection (b)(2).
Citations to §3552(b)(2)
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(A) requirements for reporting security incidents to the Federal information security incident center established under section 3556;
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(A) operating the Federal information security incident center established under section 3556;
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(1) a summary of the incidents described in the annual reports required to be submitted under section 3554(c)(1), including a summary of the information required under section 3554(c)(1)(A)(iii);
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(2) a description of the threshold for reporting major information security incidents;
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(A) Subject to subparagraph (B), in response to a known or reasonably suspected information security threat, vulnerability, or incident that represents a substantial threat to the information security of an agency, the Secretary may issue an emergency directive to the head of an agency to take any lawful action with respect to the operation of the information system, including such systems used or operated by another entity on behalf of an agency, that collects, processes, stores, transmits, disseminates, or otherwise maintains agency information, for the purpose of protecting the information system from, or mitigating, an information security threat.
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(7) procedures for detecting, reporting, and responding to security incidents, which—(A) shall be consistent with the standards and guidelines described in section 3556(b);(B) may include using automated tools; and(C) shall include—(i) mitigating risks associated with such incidents before substantial damage is done;(ii) notifying and consulting with the Federal information security incident center established in section 3556; and(iii) notifying and consulting with, as appropriate—(I) law enforcement agencies and relevant Offices of Inspector General and Offices of General Counsel;(II) an office designated by the President for any incident involving a national security system;(III) for a major incident, the committees of Congress described in subsection (c)(1)—(aa) not later than 7 days after the date on which there is a reasonable basis to conclude that the major incident has occurred; and(bb) after the initial notification under item (aa), within a reasonable period of time after additional information relating to the incident is discovered, including the summary required under subsection (c)(1)(A)(i); and(IV) any other agency or office, in accordance with law or as directed by the President; and
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(i) mitigating risks associated with such incidents before substantial damage is done;
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(ii) notifying and consulting with the Federal information security incident center established in section 3556; and
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(II) an office designated by the President for any incident involving a national security system;
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(III) for a major incident, the committees of Congress described in subsection (c)(1)—(aa) not later than 7 days after the date on which there is a reasonable basis to conclude that the major incident has occurred; and(bb) after the initial notification under item (aa), within a reasonable period of time after additional information relating to the incident is discovered, including the summary required under subsection (c)(1)(A)(i); and
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(aa) not later than 7 days after the date on which there is a reasonable basis to conclude that the major incident has occurred; and
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(bb) after the initial notification under item (aa), within a reasonable period of time after additional information relating to the incident is discovered, including the summary required under subsection (c)(1)(A)(i); and
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(i) a description of each major information security incident or related sets of incidents, including summaries of—(I) the threats and threat actors, vulnerabilities, and impacts relating to the incident;(II) the risk assessments conducted under section 3554(a)(2)(A) of the affected information systems before the date on which the incident occurred;(III) the status of compliance of the affected information systems with applicable security requirements at the time of the incident; and(IV) the detection, response, and remediation actions;
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(I) the threats and threat actors, vulnerabilities, and impacts relating to the incident;
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(II) the risk assessments conducted under section 3554(a)(2)(A) of the affected information systems before the date on which the incident occurred;
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(III) the status of compliance of the affected information systems with applicable security requirements at the time of the incident; and
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(ii) the total number of information security incidents, including a description of incidents resulting in significant compromise of information security, system impact levels, types of incident, and locations of affected systems;
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(iii) a description of each major information security incident that involved a breach of personally identifiable information, as defined by the Director, including—(I) the number of individuals whose information was affected by the major information security incident; and(II) a description of the information that was breached or exposed; and
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(I) the number of individuals whose information was affected by the major information security incident; and
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(a) The Secretary shall ensure the operation of a central Federal information security incident center to—(1) provide timely technical assistance to operators of agency information systems regarding security incidents, including guidance on detecting and handling information security incidents;(2) compile and analyze information about incidents that threaten information security;(3) inform operators of agency information systems about current and potential information security threats, and vulnerabilities;(4) provide, as appropriate, intelligence and other information about cyber threats, vulnerabilities, and incidents to agencies to assist in risk assessments conducted under section 3554(b); and(5) 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.
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(1) provide timely technical assistance to operators of agency information systems regarding security incidents, including guidance on detecting and handling information security incidents;
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(2) compile and analyze information about incidents that threaten information security;
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(4) provide, as appropriate, intelligence and other information about cyber threats, vulnerabilities, and incidents to agencies to assist in risk assessments conducted under section 3554(b); and
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(5) 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.
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(b) 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.
Citations to §3552(b)(3)
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(2) The term “information security” has the meaning given that term in section 3552(b)(3) of title 44.
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(iii) monitoring, testing, and evaluation of information security controls under subchapter II;
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(1) provide a comprehensive framework for ensuring the effectiveness of information security controls over information resources that support Federal operations and assets;
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(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;
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(4) provide a mechanism for improved oversight of Federal agency information security programs, including through automated security tools to continuously diagnose and improve security;
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(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; and
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(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.
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(a) The Director shall oversee agency information security policies and practices, including—(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 11331 of title 40;(2) requiring agencies, consistent with the standards promulgated under such section 11331 and the 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—(A) information collected or maintained by or on behalf of an agency; or(B) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency;(3) ensuring that the Secretary carries out the authorities and functions under subsection (b);(4) 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;(5) overseeing agency compliance with the requirements of this subchapter and section 1326 of title 41, including through any authorized action under section 11303 of title 40, to enforce accountability for compliance with such requirements; and(6) coordinating information security policies and procedures with related information resources management policies and procedures.
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(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 11331 of title 40;
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(2) requiring agencies, consistent with the standards promulgated under such section 11331 and the 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—(A) information collected or maintained by or on behalf of an agency; or(B) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency;
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(6) coordinating information security policies and procedures with related information resources management policies and procedures.
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(b) The Secretary, in consultation with the Director, shall administer the implementation of agency information security policies and practices for information systems, except for national security systems and information systems described in paragraph (2) or (3) of subsection (e), including—(1) assisting the Director in carrying out the authorities and functions under paragraphs (1), (2), (3), (5), and (6) of subsection (a);(2) developing and overseeing the implementation of binding operational directives to agencies to implement the policies, principles, standards, and guidelines developed by the Director under subsection (a)(1) and the requirements of this subchapter, which may be revised or repealed by the Director if the operational directives issued on behalf of the Director are not in accordance with policies, principles, standards, and guidelines developed by the Director, including—(A) requirements for reporting security incidents to the Federal information security incident center established under section 3556;(B) requirements for the contents of the annual reports required to be submitted under section 3554(c)(1);(C) requirements for the mitigation of exigent risks to information systems; and(D) other operational requirements as the Director or Secretary, in consultation with the Director, may determine necessary;(3) monitoring agency implementation of information security policies and practices;(4) convening meetings with senior agency officials to help ensure effective implementation of information security policies and practices;(5) coordinating Government-wide efforts on information security policies and practices, including consultation with the Chief Information Officers Council established under section 3603 and the Director of the National Institute of Standards and Technology;(6) providing operational and technical assistance to agencies in implementing policies, principles, standards, and guidelines on information security, including implementation of standards promulgated under section 11331 of title 40, including by—(A) operating the Federal information security incident center established under section 3556;(B) upon request by an agency, deploying, operating, and maintaining technology to assist the agency to continuously diagnose and mitigate against cyber threats and vulnerabilities, with or without reimbursement;(C) compiling and analyzing data on agency information security; and(D) developing and conducting targeted operational evaluations, including threat and vulnerability assessments, on the information systems;(7) hunting for and identifying, with or without advance notice to or authorization from agencies, threats and vulnerabilities within Federal information systems;(A) providing services, functions, and capabilities, including operation of the agency’s information security program, to assist the agency with meeting the requirements set forth in section 3554(b); and
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(A) requirements for reporting security incidents to the Federal information security incident center established under section 3556;
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(3) monitoring agency implementation of information security policies and practices;
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(4) convening meetings with senior agency officials to help ensure effective implementation of information security policies and practices;
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(5) coordinating Government-wide efforts on information security policies and practices, including consultation with the Chief Information Officers Council established under section 3603 and the Director of the National Institute of Standards and Technology;
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(6) providing operational and technical assistance to agencies in implementing policies, principles, standards, and guidelines on information security, including implementation of standards promulgated under section 11331 of title 40, including by—(A) operating the Federal information security incident center established under section 3556;(B) upon request by an agency, deploying, operating, and maintaining technology to assist the agency to continuously diagnose and mitigate against cyber threats and vulnerabilities, with or without reimbursement;(C) compiling and analyzing data on agency information security; and(D) developing and conducting targeted operational evaluations, including threat and vulnerability assessments, on the information systems;
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(A) operating the Federal information security incident center established under section 3556;
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(C) compiling and analyzing data on agency information security; and
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(A) providing services, functions, and capabilities, including operation of the agency’s information security program, to assist the agency with meeting the requirements set forth in section 3554(b); and
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(c) Not later than March 1 of each year, the Director, in consultation with the Secretary, shall submit to Congress a report on the effectiveness of information security policies and practices during the preceding year, including—(1) a summary of the incidents described in the annual reports required to be submitted under section 3554(c)(1), including a summary of the information required under section 3554(c)(1)(A)(iii);(2) a description of the threshold for reporting major information security incidents;(3) a summary of the results of evaluations required to be performed under section 3555;(4) an assessment of agency compliance with standards promulgated under section 11331 of title 40; and
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(2) a description of the threshold for reporting major information security incidents;
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(A) Subject to subparagraph (B), in response to a known or reasonably suspected information security threat, vulnerability, or incident that represents a substantial threat to the information security of an agency, the Secretary may issue an emergency directive to the head of an agency to take any lawful action with respect to the operation of the information system, including such systems used or operated by another entity on behalf of an agency, that collects, processes, stores, transmits, disseminates, or otherwise maintains agency information, for the purpose of protecting the information system from, or mitigating, an information security threat.
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(B) require the remediation of or protect against identified information security risks with respect to—(i) information collected or maintained by or on behalf of an agency; or(ii) that portion of an information system used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency.
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(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—(i) information collected or maintained by or on behalf of the agency; and(ii) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency;
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(i) information security standards promulgated under section 11331 of title 40;
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(iv) information security standards and guidelines for national security systems issued in accordance with law and as directed by the President;
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(C) ensuring that information security management processes are integrated with agency strategic, operational, and budgetary planning processes;
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(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—(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;(B) determining the levels of information security appropriate to protect such information and information systems in accordance with standards promulgated under section 11331 of title 40, for information security classifications and related requirements;(C) implementing policies and procedures to cost-effectively reduce risks to an acceptable level; and(D) periodically testing and evaluating information security controls and techniques to ensure that they are effectively implemented;
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(B) determining the levels of information security appropriate to protect such information and information systems in accordance with standards promulgated under section 11331 of title 40, for information security classifications and related requirements;
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(D) periodically testing and evaluating information security controls and techniques to ensure that they are effectively implemented;
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(A) designating a senior agency information security officer who shall—(i) carry out the Chief Information Officer’s responsibilities under this section;(ii) possess professional qualifications, including training and experience, required to administer the functions described under this section;(iii) have information security duties as that official’s primary duty; and(iv) head an office with the mission and resources to assist in ensuring agency compliance with this section;
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(iii) have information security duties as that official’s primary duty; and
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(B) developing and maintaining an agencywide information security program as required by subsection (b);
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(C) developing and maintaining information security policies, procedures, and control techniques to address all applicable requirements, including those issued under section 3553 of this title and section 11331 of title 40;
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(D) training and overseeing personnel with significant responsibilities for information security with respect to such responsibilities; and
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(5) ensure that the agency Chief Information Officer, in coordination with other senior agency officials, reports annually to the agency head on the effectiveness of the agency information security program, including progress of remedial actions;
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(7) ensure that all personnel are held accountable for complying with the agency-wide information security program implemented under subsection (b).
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(b) Each agency shall develop, document, and implement an agency-wide information security program 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—(1) periodic assessments of the risk and magnitude of the harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the agency, which may include using automated tools consistent with standards and guidelines promulgated under section 11331 of title 40;(2) policies and procedures that—(A) are based on the risk assessments required by paragraph (1);(B) cost-effectively reduce information security risks to an acceptable level;(C) ensure that information security is addressed throughout the life cycle of each agency information system; and(D) ensure compliance with—(i) the requirements of this subchapter;(ii) policies and procedures as may be prescribed by the Director, and information security standards promulgated under section 11331 of title 40;(iii) minimally acceptable system configuration requirements, as determined by the agency; and(iv) any other applicable requirements, including standards and guidelines for national security systems issued in accordance with law and as directed by the President;(3) subordinate plans for providing adequate information security for networks, facilities, and systems or groups of information systems, as appropriate;(4) security awareness training to inform personnel, including contractors and other users of information systems that support the operations and assets of the agency, of—(A) information security risks associated with their activities; and(B) their responsibilities in complying with agency policies and procedures designed to reduce these risks;(5) periodic testing and evaluation of the effectiveness of information security policies, procedures, and practices, to be performed with a frequency depending on risk, but no less than annually, of which such testing—(A) shall include testing of management, operational, and technical controls of every information system identified in the inventory required under section 3505(c);1(B) may include testing relied on in an evaluation under section 3555; and(C) shall include using automated tools, consistent with standards and guidelines promulgated under section 11331 of title 40;(6) 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;(7) procedures for detecting, reporting, and responding to security incidents, which—(A) shall be consistent with the standards and guidelines described in section 3556(b);(B) may include using automated tools; and(C) shall include—(i) mitigating risks associated with such incidents before substantial damage is done;(ii) notifying and consulting with the Federal information security incident center established in section 3556; and(iii) notifying and consulting with, as appropriate—(I) law enforcement agencies and relevant Offices of Inspector General and Offices of General Counsel;(II) an office designated by the President for any incident involving a national security system;(III) for a major incident, the committees of Congress described in subsection (c)(1)—(aa) not later than 7 days after the date on which there is a reasonable basis to conclude that the major incident has occurred; and(bb) after the initial notification under item (aa), within a reasonable period of time after additional information relating to the incident is discovered, including the summary required under subsection (c)(1)(A)(i); and(IV) any other agency or office, in accordance with law or as directed by the President; and(8) plans and procedures to ensure continuity of operations for information systems that support the operations and assets of the agency.
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(B) cost-effectively reduce information security risks to an acceptable level;
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(C) ensure that information security is addressed throughout the life cycle of each agency information system; and
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(ii) policies and procedures as may be prescribed by the Director, and information security standards promulgated under section 11331 of title 40;
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(3) subordinate plans for providing adequate information security for networks, facilities, and systems or groups of information systems, as appropriate;
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(A) information security risks associated with their activities; and
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(5) periodic testing and evaluation of the effectiveness of information security policies, procedures, and practices, to be performed with a frequency depending on risk, but no less than annually, of which such testing—(A) shall include testing of management, operational, and technical controls of every information system identified in the inventory required under section 3505(c);1(B) may include testing relied on in an evaluation under section 3555; and(C) shall include using automated tools, consistent with standards and guidelines promulgated under section 11331 of title 40;
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(6) 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;
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(ii) notifying and consulting with the Federal information security incident center established in section 3556; and
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(A) Each agency shall submit to the Director, the Secretary, the Committee on Government Reform, the Committee on Homeland Security, and the Committee on Science of the House of Representatives, the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate, the appropriate authorization and appropriations committees of Congress, and the Comptroller General a report on the adequacy and effectiveness of information security policies, procedures, and practices, including—(i) a description of each major information security incident or related sets of incidents, including summaries of—(I) the threats and threat actors, vulnerabilities, and impacts relating to the incident;(II) the risk assessments conducted under section 3554(a)(2)(A) of the affected information systems before the date on which the incident occurred;(III) the status of compliance of the affected information systems with applicable security requirements at the time of the incident; and(IV) the detection, response, and remediation actions;(ii) the total number of information security incidents, including a description of incidents resulting in significant compromise of information security, system impact levels, types of incident, and locations of affected systems;(iii) a description of each major information security incident that involved a breach of personally identifiable information, as defined by the Director, including—(I) the number of individuals whose information was affected by the major information security incident; and(II) a description of the information that was breached or exposed; and
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(i) a description of each major information security incident or related sets of incidents, including summaries of—(I) the threats and threat actors, vulnerabilities, and impacts relating to the incident;(II) the risk assessments conducted under section 3554(a)(2)(A) of the affected information systems before the date on which the incident occurred;(III) the status of compliance of the affected information systems with applicable security requirements at the time of the incident; and(IV) the detection, response, and remediation actions;
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(ii) the total number of information security incidents, including a description of incidents resulting in significant compromise of information security, system impact levels, types of incident, and locations of affected systems;
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(iii) a description of each major information security incident that involved a breach of personally identifiable information, as defined by the Director, including—(I) the number of individuals whose information was affected by the major information security incident; and(II) a description of the information that was breached or exposed; and
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(I) the number of individuals whose information was affected by the major information security incident; and
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(2) Each agency shall address the adequacy and effectiveness of information security policies, procedures, and practices in management plans and reports.
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(e) 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.
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(1) Each year each agency shall have performed an independent evaluation of the information security program and practices of that agency to determine the effectiveness of such program and practices.
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(A) testing of the effectiveness of information security policies, procedures, and practices of a representative subset of the agency’s information systems;
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(B) an assessment of the effectiveness of the information security policies, procedures, and practices of the agency; and
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(C) separate presentations, as appropriate, regarding information security relating to national security systems.
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(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.
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(f) Agencies and evaluators 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.
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(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.
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(1) the adequacy and effectiveness of agency information security policies and practices; and
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(i) The Comptroller General may provide technical assistance to an Inspector General or the head of an agency, as applicable, to assist the Inspector General or head of an agency in carrying out the duties under this section, including by testing information security controls and procedures.
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(j) The Director, in consultation with the Secretary, the Chief Information Officers Council established under section 3603, the Council of the Inspectors General on Integrity and Efficiency, and other interested parties as appropriate, shall ensure the development of guidance for evaluating the effectiveness of an information security program and practices.
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(a) The Secretary shall ensure the operation of a central Federal information security incident center to—(1) provide timely technical assistance to operators of agency information systems regarding security incidents, including guidance on detecting and handling information security incidents;(2) compile and analyze information about incidents that threaten information security;(3) inform operators of agency information systems about current and potential information security threats, and vulnerabilities;(4) provide, as appropriate, intelligence and other information about cyber threats, vulnerabilities, and incidents to agencies to assist in risk assessments conducted under section 3554(b); and(5) 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.
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(1) provide timely technical assistance to operators of agency information systems regarding security incidents, including guidance on detecting and handling information security incidents;
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(2) compile and analyze information about incidents that threaten information security;
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(3) inform operators of agency information systems about current and potential information security threats, and vulnerabilities;
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(5) 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.
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(b) 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.
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(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;
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(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; and
Citations to §3552(b)(5)
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(3) The systems described in this paragraph are systems that are operated by an element of the intelligence community, a contractor of an element of the intelligence community, or another entity on behalf of an element of the intelligence community that processes any information the unauthorized access, use, disclosure, disruption, modification, or destruction of which would have a debilitating impact on the mission of an element of the intelligence community.
Citations to §3552(b)(6)
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(3) The term “national security system” has the meaning given that term by section 3552(b)(6) of title 44.
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(b) For purposes of subtitle III of title 40, the term “national security system”, with respect to a telecommunications and information system operated by the Department of Defense, has the meaning given that term by section 3552(b)(6) of title 44.
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(5) The term “covered system” means a national security system, as that term is defined in section 3552(b)(6) of title 44.
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(2) develop standards and guidelines, including minimum requirements, for information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency, other than national security systems (as defined in section 3552(b)(6) of title 44);
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(5) The term “national security system” has the meaning given that term in section 3552(b)(6) of title 44.
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(3) The term “national security system” has the meaning given that term in section 3552(b)(6) of title 44.
Citations to §3552(b)(6)(A)
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(8) The term “national security system” has the meaning given that term in section 3552(b)(6)(A) of title 44.
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(9) the term “information technology” has the meaning given that term in section 11101 of title 40 but does not include national security systems as defined in section 11103 of title 40;
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(1) The head of each agency shall develop and maintain an inventory of major information systems (including major national security systems) operated by or under the control of such agency.
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(B) A requirement for the head of an agency to exclude from the comprehensive data inventory any data asset contained on a national security system, as defined in section 11103 of title 40.
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(4) 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;
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(b) The Secretary, in consultation with the Director, shall administer the implementation of agency information security policies and practices for information systems, except for national security systems and information systems described in paragraph (2) or (3) of subsection (e), including—(1) assisting the Director in carrying out the authorities and functions under paragraphs (1), (2), (3), (5), and (6) of subsection (a);(2) developing and overseeing the implementation of binding operational directives to agencies to implement the policies, principles, standards, and guidelines developed by the Director under subsection (a)(1) and the requirements of this subchapter, which may be revised or repealed by the Director if the operational directives issued on behalf of the Director are not in accordance with policies, principles, standards, and guidelines developed by the Director, including—(A) requirements for reporting security incidents to the Federal information security incident center established under section 3556;(B) requirements for the contents of the annual reports required to be submitted under section 3554(c)(1);(C) requirements for the mitigation of exigent risks to information systems; and(D) other operational requirements as the Director or Secretary, in consultation with the Director, may determine necessary;(3) monitoring agency implementation of information security policies and practices;(4) convening meetings with senior agency officials to help ensure effective implementation of information security policies and practices;(5) coordinating Government-wide efforts on information security policies and practices, including consultation with the Chief Information Officers Council established under section 3603 and the Director of the National Institute of Standards and Technology;(6) providing operational and technical assistance to agencies in implementing policies, principles, standards, and guidelines on information security, including implementation of standards promulgated under section 11331 of title 40, including by—(A) operating the Federal information security incident center established under section 3556;(B) upon request by an agency, deploying, operating, and maintaining technology to assist the agency to continuously diagnose and mitigate against cyber threats and vulnerabilities, with or without reimbursement;(C) compiling and analyzing data on agency information security; and(D) developing and conducting targeted operational evaluations, including threat and vulnerability assessments, on the information systems;(7) hunting for and identifying, with or without advance notice to or authorization from agencies, threats and vulnerabilities within Federal information systems;(A) providing services, functions, and capabilities, including operation of the agency’s information security program, to assist the agency with meeting the requirements set forth in section 3554(b); and
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(d) Except for the authorities and functions described in subsection (a)(5) and subsection (c), the authorities and functions of the Director and the Secretary under this section shall not apply to national security systems.
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(2) Paragraph (1) shall not apply to national security systems or to information systems described in paragraph (2) or (3) of subsection (e).
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(iv) information security standards and guidelines for national security systems issued in accordance with law and as directed by the President;
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(iv) any other applicable requirements, including standards and guidelines for national security systems issued in accordance with law and as directed by the President;
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(II) an office designated by the President for any incident involving a national security system;
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(C) separate presentations, as appropriate, regarding information security relating to national security systems.
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(c) For each agency operating or exercising control of a national security system, that portion of the evaluation required by this section directly relating to a national security system shall be performed—(1) only by an entity designated by the agency head; and(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.
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(2) To the extent an evaluation required under this section directly relates to a national security system, the evaluation results submitted to the Director shall contain only a summary and assessment of that portion of the evaluation directly relating to a national security system.
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(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.
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(5) 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.
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(b) 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.
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The head of each agency operating or exercising control of a national security system shall be responsible for ensuring that the agency—
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(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; and
Citations to §3552(b)(6)(A)(i)
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(2) computer systems the function, operation, or use of which are those delineated in section 3552(b)(6)(A)(i) of title 44.
Citations to §3552(b)(7)
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(B) The Secretary of the Department of Defense and the Secretary of each military department may each designate Chief Information Officers who shall report directly to such Secretary to carry out the responsibilities of the department under this subchapter. If more than one Chief Information Officer is designated, the respective duties of the Chief Information Officers shall be clearly delineated.
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(b) Nothing in this subchapter shall be deemed to affect or reduce the authority of the Secretary of Commerce or the Director of the Office of Management and Budget pursuant to Reorganization Plan No. 1 of 1977 (as amended) and Executive order, relating to telecommunications and information policy, procurement and management of telecommunications and information systems, spectrum use, and related matters.
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(3) ensuring that the Secretary carries out the authorities and functions under subsection (b);
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(b) The Secretary, in consultation with the Director, shall administer the implementation of agency information security policies and practices for information systems, except for national security systems and information systems described in paragraph (2) or (3) of subsection (e), including—(1) assisting the Director in carrying out the authorities and functions under paragraphs (1), (2), (3), (5), and (6) of subsection (a);(2) developing and overseeing the implementation of binding operational directives to agencies to implement the policies, principles, standards, and guidelines developed by the Director under subsection (a)(1) and the requirements of this subchapter, which may be revised or repealed by the Director if the operational directives issued on behalf of the Director are not in accordance with policies, principles, standards, and guidelines developed by the Director, including—(A) requirements for reporting security incidents to the Federal information security incident center established under section 3556;(B) requirements for the contents of the annual reports required to be submitted under section 3554(c)(1);(C) requirements for the mitigation of exigent risks to information systems; and(D) other operational requirements as the Director or Secretary, in consultation with the Director, may determine necessary;(3) monitoring agency implementation of information security policies and practices;(4) convening meetings with senior agency officials to help ensure effective implementation of information security policies and practices;(5) coordinating Government-wide efforts on information security policies and practices, including consultation with the Chief Information Officers Council established under section 3603 and the Director of the National Institute of Standards and Technology;(6) providing operational and technical assistance to agencies in implementing policies, principles, standards, and guidelines on information security, including implementation of standards promulgated under section 11331 of title 40, including by—(A) operating the Federal information security incident center established under section 3556;(B) upon request by an agency, deploying, operating, and maintaining technology to assist the agency to continuously diagnose and mitigate against cyber threats and vulnerabilities, with or without reimbursement;(C) compiling and analyzing data on agency information security; and(D) developing and conducting targeted operational evaluations, including threat and vulnerability assessments, on the information systems;(7) hunting for and identifying, with or without advance notice to or authorization from agencies, threats and vulnerabilities within Federal information systems;(A) providing services, functions, and capabilities, including operation of the agency’s information security program, to assist the agency with meeting the requirements set forth in section 3554(b); and
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(A) providing services, functions, and capabilities, including operation of the agency’s information security program, to assist the agency with meeting the requirements set forth in section 3554(b); and
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(c) Not later than March 1 of each year, the Director, in consultation with the Secretary, shall submit to Congress a report on the effectiveness of information security policies and practices during the preceding year, including—(1) a summary of the incidents described in the annual reports required to be submitted under section 3554(c)(1), including a summary of the information required under section 3554(c)(1)(A)(iii);(2) a description of the threshold for reporting major information security incidents;(3) a summary of the results of evaluations required to be performed under section 3555;(4) an assessment of agency compliance with standards promulgated under section 11331 of title 40; and
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(d) Except for the authorities and functions described in subsection (a)(5) and subsection (c), the authorities and functions of the Director and the Secretary under this section shall not apply to national security systems.
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(1) The authorities of the Director 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 National Intelligence in the case of systems described in paragraph (3).
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(1) In carrying out the responsibilities under subsection (b), the Secretary shall consider any applicable standards or guidelines developed by the National Institute of Standards and Technology and issued by the Secretary of Commerce under section 11331 of title 40.
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(2) The Secretary shall—(A) consult with the Director of the National Institute of Standards and Technology regarding any binding operational directive that implements standards and guidelines developed by the National Institute of Standards and Technology; and(B) ensure that binding operational directives issued under subsection (b)(2) do not conflict with the standards and guidelines issued under section 11331 of title 40.
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(3) Nothing in this subchapter shall be construed as authorizing the Secretary to direct the Secretary of Commerce in the development and promulgation of standards and guidelines under section 11331 of title 40.
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(A) Subject to subparagraph (B), in response to a known or reasonably suspected information security threat, vulnerability, or incident that represents a substantial threat to the information security of an agency, the Secretary may issue an emergency directive to the head of an agency to take any lawful action with respect to the operation of the information system, including such systems used or operated by another entity on behalf of an agency, that collects, processes, stores, transmits, disseminates, or otherwise maintains agency information, for the purpose of protecting the information system from, or mitigating, an information security threat.
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(B) The authorities of the Secretary under this subsection shall not apply to a system described subsection (d) or to a system described in paragraph (2) or (3) of subsection (e).
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(2) The Secretary shall—(A) in coordination with the Director, and in consultation with Federal contractors as appropriate, establish procedures governing the circumstances under which a directive may be issued under this subsection, which shall include—(i) thresholds and other criteria;(ii) privacy and civil liberties protections; and(iii) providing notice to potentially affected third parties;(B) specify the reasons for the required action and the duration of the directive;(C) minimize the impact of a directive under this subsection by—(i) adopting the least intrusive means possible under the circumstances to secure the agency information systems; and(ii) limiting directives to the shortest period practicable;(D) notify the Director and the head of any affected agency immediately upon the issuance of a directive under this subsection;(E) consult with the Director of the National Institute of Standards and Technology regarding any directive under this subsection that implements standards and guidelines developed by the National Institute of Standards and Technology;(F) ensure that directives issued under this subsection do not conflict with the standards and guidelines issued under section 11331 of title 40;(G) consider any applicable standards or guidelines developed by the National Institute of Standards and Technology issued by the Secretary of Commerce under section 11331 of title 40; and(H) not later than February 1 of each year, submit to the appropriate congressional committees a report regarding the specific actions the Secretary has taken pursuant to paragraph (1)(A).
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(G) consider any applicable standards or guidelines developed by the National Institute of Standards and Technology issued by the Secretary of Commerce under section 11331 of title 40; and
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(H) not later than February 1 of each year, submit to the appropriate congressional committees a report regarding the specific actions the Secretary has taken pursuant to paragraph (1)(A).
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(A) Notwithstanding section 3554, the Secretary may authorize the use under this subsection of the intrusion detection and prevention capabilities established under section 230(b)(1)1 of the Homeland Security Act of 2002 for the purpose of ensuring the security of agency information systems, if—(i) the Secretary determines there is an imminent threat to agency information systems;(ii) the Secretary determines a directive under subsection (b)(2)(C) or paragraph (1)(A) is not reasonably likely to result in a timely response to the threat;(iii) the Secretary determines the risk posed by the imminent threat outweighs any adverse consequences reasonably expected to result from the use of the intrusion detection and prevention capabilities under the control of the Secretary;(iv) the Secretary provides prior notice to the Director, and the head and chief information officer (or equivalent official) of each agency to which specific actions will be taken pursuant to this paragraph, and notifies the appropriate congressional committees and authorizing committees of each such agency within 7 days of taking an action under this paragraph of—(I) any action taken under this paragraph; and(II) the reasons for and duration and nature of the action;(v) the action of the Secretary is consistent with applicable law; and(vi) the Secretary authorizes the use of the intrusion detection and prevention capabilities in accordance with the advance procedures established under subparagraph (C).
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(i) the Secretary determines there is an imminent threat to agency information systems;
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(ii) the Secretary determines a directive under subsection (b)(2)(C) or paragraph (1)(A) is not reasonably likely to result in a timely response to the threat;
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(iv) the Secretary provides prior notice to the Director, and the head and chief information officer (or equivalent official) of each agency to which specific actions will be taken pursuant to this paragraph, and notifies the appropriate congressional committees and authorizing committees of each such agency within 7 days of taking an action under this paragraph of—(I) any action taken under this paragraph; and(II) the reasons for and duration and nature of the action;
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(v) the action of the Secretary is consistent with applicable law; and
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(vi) the Secretary authorizes the use of the intrusion detection and prevention capabilities in accordance with the advance procedures established under subparagraph (C).
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(B) The authority under this paragraph may not be delegated by the Secretary.
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(C) The Secretary shall, in coordination with the Director, and in consultation with the heads of Federal agencies, establish procedures governing the circumstances under which the Secretary may authorize the use of the intrusion detection and prevention capabilities under subparagraph (A). The Secretary shall submit the procedures to Congress.
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(4) The Secretary may direct or authorize lawful action or the use of the intrusion detection and prevention capabilities under this subsection only to—(A) protect agency information from unauthorized access, use, disclosure, disruption, modification, or destruction; or(B) require the remediation of or protect against identified information security risks with respect to—(i) information collected or maintained by or on behalf of an agency; or(ii) that portion of an information system used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency.
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(i) Not later than February 1 of each year, the Director and the Secretary shall submit to the appropriate congressional committees a report regarding the specific actions the Director and the Secretary have taken pursuant to subsection (a)(5), including any actions taken pursuant to section 11303(b)(5) of title 40.
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(j) Nothing in this section shall be construed to require the Secretary to provide notice to any private entity before the Secretary issues a binding operational directive under subsection (b)(2).
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(1) Notwithstanding any other provision of law, including any provision of law that would otherwise restrict or prevent the head of an agency from disclosing information to the Secretary, the Secretary in carrying out this section and title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) may access, use, retain, and disclose, and the head of an agency may disclose to the Secretary, information, for the purpose of protecting information and information systems from cybersecurity risks.
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(ii) operational directives developed by the Secretary under section 3553(b);
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(v) emergency directives issued by the Secretary under section 3553(h); and
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(A) Each agency shall submit to the Director, the Secretary, the Committee on Government Reform, the Committee on Homeland Security, and the Committee on Science of the House of Representatives, the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate, the appropriate authorization and appropriations committees of Congress, and the Comptroller General a report on the adequacy and effectiveness of information security policies, procedures, and practices, including—(i) a description of each major information security incident or related sets of incidents, including summaries of—(I) the threats and threat actors, vulnerabilities, and impacts relating to the incident;(II) the risk assessments conducted under section 3554(a)(2)(A) of the affected information systems before the date on which the incident occurred;(III) the status of compliance of the affected information systems with applicable security requirements at the time of the incident; and(IV) the detection, response, and remediation actions;(ii) the total number of information security incidents, including a description of incidents resulting in significant compromise of information security, system impact levels, types of incident, and locations of affected systems;(iii) a description of each major information security incident that involved a breach of personally identifiable information, as defined by the Director, including—(I) the number of individuals whose information was affected by the major information security incident; and(II) a description of the information that was breached or exposed; and
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(3) Evaluations and any other descriptions of information systems under the authority and control of the Director of National 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.
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(j) The Director, in consultation with the Secretary, the Chief Information Officers Council established under section 3603, the Council of the Inspectors General on Integrity and Efficiency, and other interested parties as appropriate, shall ensure the development of guidance for evaluating the effectiveness of an information security program and practices.
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(a) The Secretary shall ensure the operation of a central Federal information security incident center to—(1) provide timely technical assistance to operators of agency information systems regarding security incidents, including guidance on detecting and handling information security incidents;(2) compile and analyze information about incidents that threaten information security;(3) inform operators of agency information systems about current and potential information security threats, and vulnerabilities;(4) provide, as appropriate, intelligence and other information about cyber threats, vulnerabilities, and incidents to agencies to assist in risk assessments conducted under section 3554(b); and(5) 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.