View source for Doc:Federal Information Security Management Act of 2002

= Federal Information Security Management Act of 2002 =

== TITLE III--INFORMATION SECURITY ==

=== SEC. 301. INFORMATION SECURITY. ===

:(a) Short <<NOTE: 44 USC 101 note.>> Title.--This title may be cited as the "Federal Information Security Management Act of 2002". 
:(b) Information Security.-- 
::(1) In general.--Chapter 35 of title 44, United States Code, is amended by adding at the end the following new subchapter: 

==== "SUBCHAPTER III--INFORMATION SECURITY ====

===== "Sec. 3541. Purposes =====
:"The purposes of this subchapter are to-- 
::"(1) provide a comprehensive framework for ensuring the effectiveness of information security controls over information resources that support Federal operations and assets; 
::"(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; 
::"(3) provide for development and maintenance of minimum controls required to protect Federal information and information systems; 
::"(4) provide a mechanism for improved oversight of Federal agency information security programs; 
::"(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 
::"(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. 
===== "Sec. 3542. Definitions ===== 
:"(a) In General.--Except as provided under subsection (b), the definitions under section 3502 shall apply to this subchapter. 
:"(b) Additional Definitions.--As used in this subchapter: 
::"(1) The term `information security' means protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide-- 
:::"(A) integrity, which means guarding against improper information modification or destruction, and includes ensuring information nonrepudiation and authenticity; 
:::"(B) confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and 
:::"(C) availability, which means ensuring timely and reliable access to and use of information. 
::"(2)(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-- 
::::"(i) the function, operation, or use of which-- 
:::::"(I) involves intelligence activities; 
:::::"(II) involves cryptologic activities related to national security; 
:::::"(III) involves command and control of military forces; 
:::::"(IV) involves equipment that is an integral part of a weapon or weapons system; or 
:::::"(V) subject to subparagraph (B), is critical to the direct fulfillment of military or intelligence missions; or 
::::"(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. 
::::"(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). 
::"(3) The term `information technology' has the meaning given that term in section 11101 of title 40. 
===== "Sec. 3543. Authority and functions of the Director ===== 
:"(a) In General.--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) 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; 
::"(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; 
::"(5) reviewing at least annually, and approving or disapproving, agency information security programs required under section 3544(b); 
::"(6) coordinating information security policies and procedures with related information resources management policies and procedures; 
::"(7) overseeing the operation of the Federal information security incident center required under section 3546; and 
::"(8) reporting to Congress no later than March 1 of each year on agency compliance with the requirements of this subchapter, including-- 
:::"(A) a summary of the findings of evaluations required by section 3545; 
:::"(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 11331 of title 40; 
:::"(C) significant deficiencies in agency information security practices; 
:::"(D) planned remedial action to address such deficiencies; and 
:::"(E) a summary of, and the views of the Director 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). 
:"(b) National Security Systems.--Except for the authorities described in paragraphs (4) and (8) of subsection (a), the authorities of the Director under this section shall not apply to national security systems. 
:"(c) Department of Defense and Central Intelligence Agency Systems.--(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 Central Intelligence in the case of systems described in paragraph (3). 
::"(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. 
::"(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. 
===== "Sec. 3544. Federal agency responsibilities ===== 
:"(a) In General.--The head of each agency shall-- 
::"(1) be responsible for-- 
:::"(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; 
:::"(B) complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines, including-- 
::::"(i) information security standards promulgated under section 11331 of title 40; and 
::::"(ii) information security standards and guidelines for national security systems issued in accordance with law and as directed by the President; and 
:::"(C) ensuring that information security management processes are integrated with agency strategic and operational planning processes; 
::"(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; 
::"(3) delegate to the agency Chief Information Officer established under section 3506 (or comparable official in an agency not covered by such section) the authority to ensure compliance with the requirements imposed on the agency under this subchapter, including-- 
:::"(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; 
:::"(B) developing and maintaining an agencywide information security program as required by subsection (b); 
:::"(C) developing and maintaining information security policies, procedures, and control techniques to address all applicable requirements, including those issued under section 3543 of this title, and section 11331 of title 40; 
:::"(D) training and overseeing personnel with significant responsibilities for information security with respect to such responsibilities; and 
:::"(E) assisting senior agency officials concerning their responsibilities under paragraph (2); 
::"(4) ensure that the agency has trained personnel sufficient to assist the agency in complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines; and 
::"(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. 
:"(b) Agency Program.--Each agency shall develop, document, and implement an agencywide information security program, approved by the Director under section 3543(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-- 
::"(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; 
::"(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); and 
:::"(B) may include testing relied on in a evaluation under section 3545; 
::"(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, consistent with standards and guidelines issued pursuant to section 3546(b), including-- 
:::"(A) mitigating risks associated with such incidents before substantial damage is done; 
:::"(B) notifying and consulting with the Federal information security incident center referred to in section 3546; and 
:::"(C) notifying and consulting with, as appropriate-- 
::::"(i) law enforcement agencies and relevant Offices of Inspector General; 
::::"(ii) an office designated by the President for any incident involving a national security system; and 
::::"(iii) 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. 
:"(c) Agency Reporting.--Each agency shall-- 
::"(1) report annually to the Director, the Committees on Government Reform and Science of the House of Representatives, the Committees on Governmental Affairs and Commerce, Science, and Transportation of the Senate, the appropriate authorization and appropriations committees of Congress, and the Comptroller General 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); 
::"(2) address the adequacy and effectiveness of information security policies, procedures, and practices in plans and reports relating to-- 
:::"(A) annual agency budgets; 
:::"(B) information resources management under subchapter 1 of this chapter; 
:::"(C) information technology management under subtitle III of title 40; 
:::"(D) program performance under sections 1105 and 1115 through 1119 of title 31, and sections 2801 and 2805 of title 39; 
:::"(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); 
:::"(F) financial management systems under the Federal Financial Management Improvement Act (31 U.S.C. 3512 note); and 
:::"(G) internal accounting and administrative controls under section 3512 of title 31, (known as the `Federal Managers Financial Integrity Act'); and 
::"(3) report any significant deficiency in a policy, procedure, or practice identified under paragraph (1) or (2)-- 
:::"(A) as a material weakness in reporting under section 3512 of title 31; and 
:::"(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). 
:"(d) Performance Plan.--(1) In addition to the requirements of subsection (c), each agency, in consultation with the Director, shall include as part of the performance plan required under section 1115 of title 31 a description of-- 
:::"(A) the time periods, and 
:::"(B) the resources, including budget, staffing, and training, that are necessary to implement the program required under subsection (b). 
::"(2) The description under paragraph (1) shall be based on the risk assessments required under subsection (b)(2)(1). 
:"(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. 
===== "Sec. 3545. Annual independent evaluation ===== 
:"(a) In General.--(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. 
::"(2) Each evaluation under this section shall include-- 
:::"(A) testing of the effectiveness of information security policies, procedures, and practices of a representative subset of the agency's information systems; 
:::"(B) an assessment (made on the basis of the results of the testing) of compliance with-- 
::::"(i) the requirements of this subchapter; and 
::::"(ii) related information security policies, procedures, standards, and guidelines; and 
:::"(C) separate presentations, as appropriate, regarding information security relating to national security systems. 
:"(b) Independent Auditor.--Subject to subsection (c)-- 
::"(1) for each agency with an Inspector General appointed under the Inspector General Act of 1978, the annual evaluation 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; and 
::"(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 evaluation. 
:"(c) National Security Systems.--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. 
:"(d) Existing Evaluations.--The evaluation required by this section may be based in whole or in part on an audit, evaluation, or report relating to programs or practices of the applicable agency. 
:"(e) Agency <<NOTE: Deadline.>> Reporting.--(1) Each year, not later than such date established by the Director, the head of each agency shall submit to the Director the results of the evaluation required under this section. 
::"(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. 
:"(f) Protection of Information.--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. 
:"(g) OMB Reports to Congress.--(1) The Director shall summarize the results of the evaluations conducted under this section in the report to Congress required under section 3543(a)(8). 
::"(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. 
::"(3) Evaluations 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. 
:"(h) Comptroller <<NOTE: Reports.>> General.--The Comptroller General shall periodically evaluate and report to Congress on-- 
::"(1) the adequacy and effectiveness of agency information security policies and practices; and 
::"(2) implementation of the requirements of this subchapter. 
===== "Sec. 3546. Federal information security incident center ===== 
:"(a) In General.--The Director 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; and 
::"(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. 
:"(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. 
===== "Sec. 3547. 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-- 
::"(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; 
::"(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 
::"(3) complies with the requirements of this subchapter. 
===== "Sec. 3548. Authorization of appropriations ===== 
:"There are authorized to be appropriated to carry out the provisions of this subchapter such sums as may be necessary for each of fiscal years 2003 through 2007. 
===== "Sec. 3549. Effect on existing law ===== 
:"Nothing in this subchapter, section 11331 of title 40, or section 20 of the National Standards and Technology Act (15 U.S.C. 278g-3) may be construed as affecting the authority of the President, the Office of Management and Budget or the Director thereof, the National Institute of Standards and Technology, or the head of any agency, with respect to the authorized use or disclosure of information, including with regard to the protection of personal privacy under section 552a of title 5, the disclosure of information under section 552 of title 5, the management and disposition of records under chapters 29, 31, or 33 of title 44, the management of information resources under subchapter I of chapter 35 of this title, or the disclosure of information to the Congress or the Comptroller General of the United States. While this subchapter is in effect, subchapter II of this chapter shall not apply.". 
::(2) Clerical amendment.--The table of sections at the beginning of such chapter 35 is amended by adding at the end the following: 

==== "SUBCHAPTER III--INFORMATION SECURITY ====
:"Sec. 
:"3541. Purposes. 
:"3542. Definitions. 
:"3543. Authority and functions of the Director. 
:"3544. Federal agency responsibilities. 
:"3545. Annual independent evaluation. 
:"3546. Federal information security incident center. 
:"3547. National security systems. 
:"3548. Authorization of appropriations. 
:"3549. Effect on existing law.". 
:(c) Information Security Responsibilities of Certain Agencies.-- 
::(1) National <<NOTE: 44 USC 3501 note.>> security responsibilities.--(A) Nothing in this Act (including any amendment made by this Act) shall supersede any authority of the Secretary of Defense, the Director of Central Intelligence, or other agency head, as authorized by law and as directed by the President, with regard to the operation, control, or management of national security systems, as defined by section 3542(b)(2) of title 44, United States Code. 
:::(B) Section 2224 of title 10, United States Code, is amended-- 
::::(i) in subsection (b), by striking "(b) Objectives and Minimum Requirements.--(1)" and inserting "(b) Objectives of the Program.--"; 
::::(ii) in subsection (b), by striking paragraph (2); and 
::::(iii) in subsection (c), in the matter preceding paragraph (1), by inserting ", including through compliance with subchapter III of chapter 35 of title 44" after "infrastructure". 
::(2) Atomic <<NOTE: 44 USC 3501 note.>> energy act of 1954.-- Nothing in this Act shall supersede any requirement made by or under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted data or formerly restricted data shall be handled, protected, classified, downgraded, and declassified in conformity with the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). 

=== SEC. 302. MANAGEMENT OF INFORMATION TECHNOLOGY. ===

:(a) In General.--Section 11331 of title 40, United States Code, is amended to read as follows: 
===== "Sec. 11331. Responsibilities for Federal information systems standards =====
:"(a) Standards and Guidelines.-- 
::"(1) Authority to prescribe.--Except as provided under paragraph (2), the Secretary of Commerce shall, on the basis of standards and guidelines 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)), prescribe standards and guidelines pertaining to Federal information systems. 
::"(2) National security systems.--Standards and guidelines for national security systems (as defined under this section) shall be developed, prescribed, enforced, and overseen as otherwise authorized by law and as directed by the President. 
:"(b) Mandatory Requirements.-- 
::"(1) Authority to make mandatory.--Except as provided under paragraph (2), the Secretary shall make standards prescribed under subsection (a)(1) compulsory and binding to the extent determined necessary by the Secretary to improve the efficiency of operation or security of Federal information systems. 
::"(2) Required mandatory standards.--(A) Standards prescribed under subsection (a)(1) shall include information security standards that-- 
:::"(i) 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)); and 
:::"(ii) are otherwise necessary to improve the security of Federal information and information systems. 
::"(B) Information security standards described in subparagraph (A) shall be compulsory and binding. 
:"(c) Authority to Disapprove or Modify.--The President may disapprove or modify the standards and guidelines referred to in subsection (a)(1) if the President determines such action to be in the public interest. The President's authority to disapprove or modify such standards and guidelines may not be delegated. <<NOTE: Federal Register, publication.>> Notice of such disapproval or modification shall be published promptly in the Federal Register. Upon receiving notice of such disapproval or modification, the Secretary of Commerce shall immediately rescind or modify such standards or guidelines as directed by the President. 
:"(d) Exercise of Authority.--To ensure fiscal and policy consistency, the Secretary shall exercise the authority conferred by this section subject to direction by the President and in coordination with the Director of the Office of Management and Budget. 
:"(e) Application of More Stringent Standards.--The head of an executive agency may employ standards for the cost-effective information security for information systems within or under the supervision of that agency that are more stringent than the standards the Secretary prescribes under this section if the more stringent standards-- 
::"(1) contain at least the applicable standards made compulsory and binding by the Secretary; and 
::"(2) are otherwise consistent with policies and guidelines issued under section 3543 of title 44. 
:"(f) Decisions <<NOTE: Deadline.>> on Promulgation of Standards.-- The decision by the Secretary regarding the promulgation of any standard under this section shall occur not later than 6 months after the submission of the proposed standard to the Secretary 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). 
:"(g) Definitions.--In this section: 
::"(1) Federal information system.--The term `Federal information system' means an information system used or operated by an executive agency, by a contractor of an executive agency, or by another organization on behalf of an executive agency. 
::"(2) Information security.--The term `information security' has the meaning given that term in section 3542(b)(1) of title 44. 
::"(3) National security system.--The term `national security system' has the meaning given that term in section 3542(b)(2) of title 44.". 
:(b) Clerical Amendment.--The item relating to section 11331 in the table of sections at the beginning of chapter 113 of such title is amended to read as follows: 
::"11331. Responsibilities for Federal information systems standards.". 

=== SEC. 303. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. ===

Section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-3), is amended by striking the text and inserting the following:

:"(a) In General.--The Institute shall-- 
::"(1) have the mission of developing standards, guidelines, and associated methods and techniques for information systems; 
::"(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 3542(b)(2) of title 44, United States Code); and 
::"(3) develop standards and guidelines, including minimum requirements, for providing adequate information security for all agency operations and assets, but such standards and guidelines shall not apply to national security systems. 
:"(b) Minimum Requirements for Standards and Guidelines.--The standards and guidelines required by subsection (a) shall include, at a minimum-- 
::"(1)(A) standards to be used by all agencies to categorize all information and information systems collected or maintained by or on behalf of each agency based on the objectives of providing appropriate levels of information security according to a range of risk levels; 
:::"(B) guidelines recommending the types of information and information systems to be included in each such category; and 
:::"(C) minimum information security requirements for information and information systems in each such category; 
::"(2) a definition of and guidelines concerning detection and handling of information security incidents; and 
::"(3) guidelines developed in conjunction with the Department of Defense, including the National Security Agency, for identifying an information system as a national security system consistent with applicable requirements for national security systems, issued in accordance with law and as directed by the President. 
:"(c) Development of Standards and Guidelines.--In developing standards and guidelines required by subsections (a) and (b), the Institute shall-- 
::"(1) consult with other agencies and offices and the private sector (including the Director of the Office of Management and Budget, the Departments of Defense and Energy, the National Security Agency, the General Accounting Office, and the Secretary of Homeland Security) to assure-- 
:::"(A) use of appropriate information security policies, procedures, and techniques, in order to improve information security and avoid unnecessary and costly duplication of effort; and 
:::"(B) that such standards and guidelines are complementary with standards and guidelines employed for the protection of national security systems and information contained in such systems; 
::"(2) provide the public with an opportunity to comment on proposed standards and guidelines; 
::"(3) <<NOTE: Deadlines.>> submit to the Secretary of Commerce for promulgation under section 11331 of title 40, United States Code-- 
:::"(A) standards, as required under subsection (b)(1)(A), no later than 12 months after the date of the enactment of this section; and 
:::"(B) minimum information security requirements for each category, as required under subsection (b)(1)(C), no later than 36 months after the date of the enactment of this section; 
::"(4) <<NOTE: Deadline.>> issue guidelines as required under subsection (b)(1)(B), no later than 18 months after the date of the enactment of this section; 
::"(5) to the maximum extent practicable, ensure that such standards and guidelines do not require the use or procurement of specific products, including any specific hardware or software; 
::"(6) to the maximum extent practicable, ensure that such standards and guidelines provide for sufficient flexibility to permit alternative solutions to provide equivalent levels of protection for identified information security risks; and 
::"(7) to the maximum extent practicable, use flexible, performance-based standards and guidelines that permit the use of off-the-shelf commercially developed information security products. 
:"(d) Information Security Functions.--The Institute shall-- 
::"(1) submit standards developed pursuant to subsection (a), along with recommendations as to the extent to which these should be made compulsory and binding, to the Secretary of Commerce for promulgation under section 11331 of title 40, United States Code; 
::"(2) provide technical assistance to agencies, upon request, regarding-- 
:::"(A) compliance with the standards and guidelines developed under subsection (a); 
:::"(B) detecting and handling information security incidents; and 
:::"(C) information security policies, procedures, and practices; 
::"(3) conduct research, as needed, to determine the nature and extent of information security vulnerabilities and techniques for providing cost-effective information security; 
::"(4) develop and periodically revise performance indicators and measures for agency information security policies and practices; 
::"(5) evaluate private sector information security policies and practices and commercially available information technologies to assess potential application by agencies to strengthen information security; 
::"(6) assist the private sector, upon request, in using and applying the results of activities under this section; 
::"(7) evaluate security policies and practices developed for national security systems to assess potential application by agencies to strengthen information security; 
::"(8) periodically assess the effectiveness of standards and guidelines developed under this section and undertake revisions as appropriate; 
::"(9) solicit and consider the recommendations of the Information Security and Privacy Advisory Board, established by section 21, regarding standards and guidelines developed under subsection (a) and submit such recommendations to the Secretary of Commerce with such standards submitted to the Secretary; and 
::"(10) prepare an annual public report on activities undertaken in the previous year, and planned for the coming year, to carry out responsibilities under this section. 
:"(e) Definitions.--As used in this section-- 
::"(1) the term `agency' has the same meaning as provided in section 3502(1) of title 44, United States Code; 
::"(2) the term `information security' has the same meaning as provided in section 3542(b)(1) of such title; 
::"(3) the term `information system' has the same meaning as provided in section 3502(8) of such title; 
::"(4) the term `information technology' has the same meaning as provided in section 11101 of title 40, United States Code; and 
::"(5) the term `national security system' has the same meaning as provided in section 3542(b)(2) of title 44, United States Code. 
:"(f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce $20,000,000 for each of fiscal years 2003, 2004, 2005, 2006, and 2007 to enable the National Institute of Standards and Technology to carry out the provisions of this section.". 

=== SEC. 304. INFORMATION SECURITY AND PRIVACY ADVISORY BOARD. ===

Section 21 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-4), is amended--

::(1) in subsection (a), by striking "Computer System Security and Privacy Advisory Board" and inserting "Information Security and Privacy Advisory Board"; 
::(2) in subsection (a)(1), by striking "computer or telecommunications" and inserting "information technology"; 
::(3) in subsection (a)(2)-- 
:::(A) by striking "computer or telecommunications technology" and inserting "information technology"; and 
:::(B) by striking "computer or telecommunications equipment" and inserting "information technology"; 
::(4) in subsection (a)(3)-- 
:::(A) by striking "computer systems" and inserting "information system"; and 
:::(B) by striking "computer systems security" and inserting "information security"; 
::(5) in subsection (b)(1) by striking "computer systems security" and inserting "information security"; 
::(6) in subsection (b) by striking paragraph (2) and inserting the following: 
:::"(2) to advise the Institute, the Secretary of Commerce, and the Director of the Office of Management and Budget on information security and privacy issues pertaining to Federal Government information systems, including through review of proposed standards and guidelines developed under section 20; and"; 
::(7) in subsection (b)(3) by inserting "annually" after "report"; 
::(8) by inserting after subsection (e) the following new subsection: 
:::"(f) The Board shall hold meetings at such locations and at such time and place as determined by a majority of the Board."; 
::(9) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and 
::(10) by striking subsection (h), as redesignated by paragraph (9), and inserting the following: 
:::"(h) As used in this section, the terms `information system' and `information technology' have the meanings given in section 20.". 

=== SEC. 305. TECHNICAL AND CONFORMING AMENDMENTS. ===

:(a) Computer Security Act.--Section 11332 of title 40, United States Code, and the item relating to that section in the table of sections for chapter 113 of such title, are repealed. 
:(b) Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001.--The Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398) is amended by striking section 1062 (44 U.S.C. 3531 note). 
:(c) Paperwork Reduction Act.--(1) Section 3504(g) of title 44, United States Code, is amended-- 
:::(A) by adding "and" at the end of paragraph (1); 
:::(B) in paragraph (2)-- 
::::(i) by striking "sections 11331 and 11332(b) and (c) of title 40" and inserting "section 11331 of title 40 and subchapter II of this chapter"; and 
::::(ii) by striking "; and" and inserting a period; and 
:::(C) by striking paragraph (3). 
::(2) Section 3505 of such title is amended by adding at the end-- 
:::"(c) Inventory of Major Information Systems.--(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. 
::::"(2) The identification of information systems in an inventory under this subsection shall include an identification of the interfaces between each such system and all other systems or networks, including those not operated by or under the control of the agency. 
::::"(3) Such inventory shall be-- 
:::::"(A) updated at least annually; 
:::::"(B) made available to the Comptroller General; and 
:::::"(C) used to support information resources management, including-- 
::::::"(i) preparation and maintenance of the inventory of information resources under section 3506(b)(4); 
::::::"(ii) information technology planning, budgeting, acquisition, and management under section 3506(h), subtitle III of title 40, and related laws and guidance; 
::::::"(iii) monitoring, testing, and evaluation of information security controls under subchapter II; 
::::::"(iv) preparation of the index of major information systems required under section 552(g) of title 5, United States Code; and 
::::::"(v) preparation of information system inventories required for records management under chapters 21, 29, 31, and 33. 
::::"(4) The Director shall issue guidance for and oversee the implementation of the requirements of this subsection.". 
::(3) Section 3506(g) of such title is amended-- 
:::(A) by adding "and" at the end of paragraph (1); 
:::(B) in paragraph (2)-- 
::::(i) by striking "section 11332 of title 40" and inserting "subchapter II of this chapter"; and 
::::(ii) by striking "; and" and inserting a period; and 
:::(C) by striking paragraph (3).


== Source ==

:* [http://csrc.nist.gov/drivers/documents/FISMA-final.pdf Federal Information Security Management Act of 2002 at NIST (PDF)]

[[Category:FISMA]] [[Category:Law]]