Sec. 101. Coordination of Federal information policy

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Chapter 35 of title 44, United States Code, is amended by striking subchapters II and III and inserting the following: The purposes of this subchapter are to— provide a comprehensive framework for ensuring the effectiveness of information security controls over information resources that support Federal operations and assets; 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; provide for development and maintenance of minimum controls required to protect Federal information and information infrastructure; provide a mechanism for improved oversight of Federal agency information security programs; 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 recognize that the selection of specific technical hardware and software information security solutions should be left to individual agencies from among commercially developed products.

Except as provided under subsection (b), the definitions under section 3502 shall apply to this subchapter. In this subchapter: The term adequate security means security that complies with the regulations promulgated under section 3554 and the standards promulgated under section 3558. The term incident means an occurrence that actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system, information infrastructure, or the information the system processes, stores, or transmits or that constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies.

The term information infrastructure means the underlying framework that information systems and assets rely on in processing, storing, or transmitting information electronically. The term information security means protecting information and information infrastructure from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide— integrity, which means guarding against improper information modification or destruction, and includes ensuring information nonrepudiation and authenticity; confidentiality, which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; availability, which means ensuring timely and reliable access to and use of information; and authentication, which means using digital credentials to assure the identity of users and validate access of such users.

The term information technology has the meaning given that term in section 11101 of title 40. The term national security system means any information infrastructure (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— the function, operation, or use of which— involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or subject to subparagraph (B), is critical to the direct fulfillment of military or intelligence missions; or 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.

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). There is established within the Executive Office of the President an office to be known as the National Office for Cyberspace. There shall be at the head of the National Office for Cyberspace a Director, who shall be appointed by the President by and with the advice and consent of the Senate.

The Director of the National Office for Cyberspace shall administer all functions designated to such Director under this subchapter and collaborate to the extent practicable with the heads of appropriate agencies, the private sector, and international partners. The Office shall serve as the principal office for coordinating issues relating to cyberspace, including achieving an assured, reliable, secure, and survivable information infrastructure and related capabilities for the Federal Government, while promoting national economic interests, security, and civil liberties.

The Director of the National Office for Cyberspace shall be paid at the rate of basic pay for level III of the Executive Schedule. The Director of the National Office for Cyberspace may appoint and fix the pay of additional personnel as the Director considers appropriate. The Director of the National Office for Cyberspace may procure temporary and intermittent services under section 3109(b) of title 5. Within the National Office for Cyberspace, there shall be established a board to be known as the Federal Cybersecurity Practice Board (in this section referred to as the Board ).

The Board shall be chaired by the Director of the National Office for Cyberspace and consist of not more than 10 members, with at least one representative from— the Office of Management and Budget; civilian agencies; the Department of Defense; the Federal law enforcement community; the Federal Chief Technology Office; and such additional military and civilian agencies as the Director considers appropriate. Subject to the authority, direction, and control of the Director of the National Office for Cyberspace, the Board shall be responsible for developing and periodically updating information security policies and procedures relating to the matters described in paragraph (2).

In developing such policies and procedures, the Board shall require that all matters addressed in the policies and procedures are consistent, to the maximum extent practicable and in accordance with applicable law, among the civilian, military, intelligence, and law enforcement communities. The Board shall be responsible for developing and periodically updating information security policies and procedures relating to minimum security controls for information technology, in order to— provide Governmentwide protection of Government-networked computers against common attacks; and provide agencywide protection against threats, vulnerabilities, and other risks to the information infrastructure within individual agencies.

The Board shall be responsible for developing and periodically updating information security policies and procedures relating to measurements needed to assess the effectiveness of the minimum security controls referred to in subparagraph

(A). Such measurements shall include a risk scoring system to evaluate risk to information security both Governmentwide and within contractors of the Federal Government. The Board shall be responsible for developing and periodically updating information security policies, procedures, and minimum security standards relating to criteria for products and services to be used in agency information systems and information infrastructure that will meet the minimum security controls referred to in subparagraph

(A). In carrying out this subparagraph, the Board shall act in consultation with the Office of Management and Budget and the General Services Administration. The Board shall be responsible for developing and periodically updating information security policies and procedures relating to methods for providing remedies for security deficiencies identified in agency information infrastructure. The Board shall also consider— opportunities to engage with the international community to set policies, principles, training, standards, or guidelines for information security; opportunities to work with agencies and industry partners to increase information sharing and policy coordination efforts in order to reduce vulnerabilities in the national information infrastructure; and options necessary to encourage and maintain accountability of any agency, or senior agency official, for efforts to secure the information infrastructure of such agency. The policies and procedures developed under paragraph

(1)are supplemental to the standards promulgated by the Director of the National Office for Cyberspace under section 3558. The Board shall be responsible for making recommendations to the Director of the National Office for Cyberspace on regulations to carry out the policies and procedures developed by the Board under paragraph

(1). The Director of the National Office for Cyberspace, in consultation with the Director of the Office of Management and the Administrator of General Services, shall promulgate and periodically update regulations to carry out the policies and procedures developed by the Board under subsection (c). The Director of the National Office for Cyberspace shall provide to Congress a report containing a summary of agency progress in implementing the regulations promulgated under this section as part of the annual report to Congress required under section 3555(a)(8). The Board is not required to disclose under section 552 of title 5 information submitted by agencies to the Board regarding threats, vulnerabilities, and risks. The Director of the National Office for Cyberspace shall oversee agency information security policies and practices, including— developing and overseeing the implementation of policies, principles, standards, and guidelines on information security, including through ensuring timely agency adoption of and compliance with standards promulgated under section 3558; requiring agencies, consistent with the standards promulgated under section 3558 and other requirements of this subchapter, to identify and provide information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of— information collected or maintained by or on behalf of an agency; or information infrastructure used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency; 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; 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; reviewing at least annually, and approving or disapproving, agency information security programs required under section 3556(b); coordinating information security policies and procedures of the Federal Government with related information resources management policies and procedures on the security and resiliency of cyberspace; overseeing the operation of the Federal information security incident center required under section 3559; reporting to Congress no later than March 1 of each year on agency compliance with the requirements of this subchapter, including— a summary of the findings of audits required by section 3557; an assessment of the development, promulgation, and adoption of, and compliance with, standards developed under section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ) and promulgated under section 3558; significant deficiencies in agency information security practices; planned remedial action to address such deficiencies; and a summary of, and the views of the Director of the National Office for Cyberspace on, the report prepared by the National Institute of Standards and Technology under section 20(d)(10) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ); coordinating the defense of information infrastructure operated by agencies in the case of a large-scale attack on information infrastructure, as determined by the Director; establishing a national strategy not later than 120 days after the date of the enactment of this section; coordinating information security training for Federal employees with the Office of Personnel Management; ensuring the adequacy of protections for privacy and civil liberties in carrying out the responsibilities of the Director under this subchapter; making recommendations that the Director determines are necessary to ensure risk-based security of the Federal information infrastructure and information infrastructure that is owned, operated, controlled, or licensed for use by, or on behalf of, the Department of Defense, a military department, or another element of the intelligence community to— the Director of the Office of Management and Budget; the head of an agency; or to Congress with regard to the reprogramming of funds; ensuring, in consultation with the Administrator of the Office of Information and Regulatory Affairs, that the efforts of agencies relating to the development of regulations, rules, requirements, or other actions applicable to the national information infrastructure are complementary; when directed by the President, carrying out the responsibilities for national security and emergency preparedness communications described in section 706 of the Communications Act of 1934 ( 47 U.S.C. 606 ) to ensure integration and coordination; and as assigned by the President, other duties relating to the security and resiliency of cyberspace. Not later than 1 year after appointment, the Director of the National Office for Cyberspace shall establish a national program to conduct competitions and challenges that instruct United States students in cybersecurity education and computer literacy. The head of each agency shall submit to the Director of the National Office for Cyberspace a budget each year for the following fiscal year relating to the protection of information infrastructure for such agency, by a date determined by the Director that is before the submission of such budget by the head of the agency to the Office of Management and Budget. The Director shall review and offer a non-binding approval or disapproval of each agency’s annual budget to each such agency before the submission of such budget by the head of the agency to the Office of Management and Budget. If the Director offers a non-binding disapproval of an agency’s budget, the Director shall transmit recommendations to the head of such agency for strengthening its proposed budget with regard to the protection of such agency’s information infrastructure. Each budget submitted by the head of an agency pursuant to paragraph

(1)shall include— a review of any threats to information technology for such agency; a plan to secure the information infrastructure for such agency based on threats to information technology, using the National Institute of Standards and Technology guidelines and recommendations; a review of compliance by such agency with any previous year plan described in subparagraph (B); and a report on the development of the credentialing process to enable secure authentication of identity and authorization for access to the information infrastructure of such agency. The Director of the National Office for Cyberspace may recommend to the President monetary penalties or incentives necessary to encourage and maintain accountability of any agency, or senior agency official, for efforts to secure the information infrastructure of such agency. The head of each agency shall— be responsible for— providing information security protections commensurate with the risk and magnitude of the harm resulting from unauthorized access, use, disclosure, disruption, modification, or destruction of— information collected or maintained by or on behalf of the agency; and information infrastructure used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency; complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines, including— the regulations promulgated under section 3554 and the information security standards promulgated under section 3558; information security standards and guidelines for national security systems issued in accordance with law and as directed by the President; and ensuring the standards implemented for information infrastructure and national security systems under the agency head are complementary and uniform, to the extent practicable; and ensuring that information security management processes are integrated with agency strategic and operational planning processes; ensure that senior agency officials provide information security for the information and information infrastructure that support the operations and assets under their control, including through— 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 infrastructure; determining the levels of information security appropriate to protect such information and information infrastructure in accordance with regulations promulgated under section 3554 and standards promulgated under section 3558, for information security classifications and related requirements; implementing policies and procedures to cost effectively reduce risks to an acceptable level; and continuously testing and evaluating information security controls and techniques to ensure that they are effectively implemented; delegate to an agency official, designated as the Chief Information Security Officer , under the authority of the agency Chief Information Officer the responsibility to oversee agency information security and the authority to ensure and enforce compliance with the requirements imposed on the agency under this subchapter, including— overseeing the establishment and maintenance of a security operations capability on an automated and continuous basis that can— assess the state of compliance of all networks and systems with prescribed controls issued pursuant to section 3558 and report immediately any variance therefrom and, where appropriate and with the approval of the agency Chief Information Officer, shut down systems that are found to be non-compliant; detect, report, respond to, contain, and mitigate incidents that impair adequate security of the information and information infrastructure, in accordance with policy provided by the Director of the National Office for Cyberspace, in consultation with the Chief Information Officers Council, and guidance from the National Institute of Standards and Technology; collaborate with the National Office for Cyberspace and appropriate public and private sector security operations centers to address incidents that impact the security of information and information infrastructure that extend beyond the control of the agency; and not later than 24 hours after discovery of any incident described under subparagraph (A)(ii), unless otherwise directed by policy of the National Office for Cyberspace, provide notice to the appropriate security operations center, the National Cyber Investigative Joint Task Force, and the Inspector General of the agency; developing, maintaining, and overseeing an agency wide information security program as required by subsection (b); developing, maintaining, and overseeing information security policies, procedures, and control techniques to address all applicable requirements, including those issued under sections 3555 and 3558; training and overseeing personnel with significant responsibilities for information security with respect to such responsibilities; and assisting senior agency officials concerning their responsibilities under paragraph (2); ensure that the agency has trained and cleared personnel sufficient to assist the agency in complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines; ensure that the Chief Information Security Officer, in coordination with other senior agency officials, reports biannually to the agency head on the effectiveness of the agency information security program, including progress of remedial actions; and ensure that the Chief Information Security Officer possesses necessary qualifications, including education, professional certifications, training, experience, and the security clearance required to administer the functions described under this subchapter; and has information security duties as the primary duty of that official. Each agency shall develop, document, and implement an agencywide information security program, approved by the Director of the National Office for Cyberspace under section 3555(a)(5), to provide information security for the information and information infrastructure that support the operations and assets of the agency, including those provided or managed by another agency, contractor, or other source, that includes— continuous automated technical monitoring of information infrastructure used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency to assure conformance with regulations promulgated under section 3554 and standards promulgated under section 3558; testing of the effectiveness of security controls that are commensurate with risk (as defined by the National Institute of Standards and Technology and the National Office for Cyberspace) for agency information infrastructure; policies and procedures that— mitigate and remediate, to the extent practicable, information security vulnerabilities based on the risk posed to the agency; cost effectively reduce information security risks to an acceptable level; ensure that information security is addressed throughout the life cycle of each agency information system and information infrastructure; ensure compliance with— the requirements of this subchapter; policies and procedures as may be prescribed by the Director of the National Office for Cyberspace, and information security standards promulgated under section 3558; minimally acceptable system configuration requirements, as determined by the Director of the National Office for Cyberspace; and any other applicable requirements, including— standards and guidelines for national security systems issued in accordance with law and as directed by the President; the policy of the Director of the National Office for Cyberspace; the National Institute of Standards and Technology guidance; and the Chief Information Officers Council recommended approaches; develop, maintain, and oversee information security policies, procedures, and control techniques to address all applicable requirements, including those issued under sections 3555 and 3558; and ensure the oversight and training of personnel with significant responsibilities for information security with respect to such responsibilities; ensuring that the agency has trained and cleared personnel sufficient to assist the agency in complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines; to the extent practicable, automated and continuous technical monitoring for testing, and evaluation of the effectiveness and compliance of information security policies, procedures, and practices, including— management, operational, and technical controls of every information infrastructure identified in the inventory required under section 3505(b); and management, operational, and technical controls relied on for an evaluation under section 3556; 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; to the extent practicable, continuous automated technical monitoring for detecting, reporting, and responding to security incidents, consistent with standards and guidelines issued by the Director of the National Office for Cyberspace, including— mitigating risks associated with such incidents before substantial damage is done; notifying and consulting with the appropriate security operations response center; and notifying and consulting with, as appropriate— law enforcement agencies and relevant Offices of Inspectors General; the National Office for Cyberspace; and any other agency or office, in accordance with law or as directed by the President; and plans and procedures to ensure continuity of operations for information infrastructure that support the operations and assets of the agency. Each agency shall— submit an annual report on the adequacy and effectiveness of information security policies, procedures, and practices, and compliance with the requirements of this subchapter, including compliance with each requirement of subsection

(b)to— the National Office for Cyberspace; the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Oversight and Government Reform of the House of Representatives; other appropriate authorization and appropriations committees of Congress; and the Comptroller General; address the adequacy and effectiveness of information security policies, procedures, and practices in plans and reports relating to— annual agency budgets; information resources management of this subchapter; information technology management under this chapter; program performance under sections 1105 and 1115 through 1119 of title 31, and sections 2801 and 2805 of title 39; 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); financial management systems under the Federal Financial Management Improvement Act ( 31 U.S.C. 3512 note); and internal accounting and administrative controls under section 3512 of title 31; and report any significant deficiency in a policy, procedure, or practice identified under paragraph

(1)or (2)— as a material weakness in reporting under section 3512 of title 31; and 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). In addition to the requirements of subsection (c), each agency, in consultation with the National Office for Cyberspace, shall include as part of the performance plan required under section 1115 of title 31 a description of the resources, including budget, staffing, and training, that are necessary to implement the program required under subsection (b). The description under paragraph

(1)shall be based on the risk assessments required under subsection (a)(2). 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. Each year each agency shall have performed an independent audit of the information security program and practices of that agency to determine the effectiveness of such program and practices. Each audit under this section shall include— testing of the effectiveness of the information infrastructure of the agency for automated, continuous monitoring of the state of compliance of its information infrastructure with regulations promulgated under section 3554 and standards promulgated under section 3558 in a representative subset of— the information infrastructure used or operated by the agency; and the information infrastructure used, operated, or supported on behalf of the agency by a contractor of the agency, a subcontractor (at any tier) of such contractor, or any other entity; an assessment (made on the basis of the results of the testing) of compliance with— the requirements of this subchapter; and related information security policies, procedures, standards, and guidelines; separate assessments, as appropriate, regarding information security relating to national security systems; and a conclusion regarding whether the information security controls of the agency are effective, including an identification of any significant deficiencies in such controls. Each audit under this section shall be performed in accordance with applicable generally accepted Government auditing standards. Subject to subsection (c)— for each agency with an Inspector General appointed under the Inspector General Act of 1978 or any other law, the annual audit required by this section shall be performed by the Inspector General or by an independent external auditor, as determined by the Inspector General of the agency; and for each agency to which paragraph

(1)does not apply, the head of the agency shall engage an independent external auditor to perform the audit. For each agency operating or exercising control of a national security system, that portion of the audit required by this section directly relating to a national security system shall be performed— only by an entity designated head; and 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. The audit required by this section may be based in whole or in part on another audit relating to programs or practices of the applicable agency. Each year, not later than such date established by the Director of the National Office for Cyberspace, the head of each agency shall submit to the Director the results of the audit required under this section. To the extent an audit required under this section directly relates to a national security system, the results of the audit submitted to the Director of the National Office for Cyberspace shall contain only a summary and assessment of that portion of the audit directly relating to a national security system. Agencies and auditors shall take appropriate steps to ensure the protection of information which, if disclosed, may adversely affect information security. Such protections shall be commensurate with the risk and comply with all applicable laws and regulations. The Director of the National Office for Cyberspace shall summarize the results of the audits conducted under this section in the annual report to Congress required under section 3555(a)(8). 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. Audits and any other descriptions of information infrastructure 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. The Comptroller General shall periodically evaluate and report to Congress on— the adequacy and effectiveness of agency information security policies and practices; and implementation of the requirements of this subchapter. Each year each contractor that operates, uses, or supports an information system or information infrastructure on behalf of an agency and each subcontractor of such contractor— shall conduct an audit using an independent external auditor in accordance with subsection (a), including an assessment of compliance with the applicable requirements of this subchapter; and shall submit the results of such audit to such agency not later than such date established by the Agency. Except as provided under paragraph (2), the Secretary of Commerce shall, on the basis of proposed standards developed by the National Institute of Standards and Technology pursuant to paragraphs

(2)and

(3)of section 20(a) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(a) ) and in consultation with the Secretary of Homeland Security, promulgate information security standards pertaining to Federal information systems. Standards promulgated under subparagraph

(A)shall include— standards that provide minimum information security requirements as determined under section 20(b) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(b) ); and such standards that are otherwise necessary to improve the efficiency of operation or security of Federal information systems. Information security standards described under subparagraph

(B)shall be compulsory and binding. Standards and guidelines for national security systems, as defined under section 3552(b), shall be developed, promulgated, enforced, and overseen as otherwise authorized by law and as directed by the President. The head of an agency may employ standards for the cost-effective information security for all operations and assets within or under the supervision of that agency that are more stringent than the standards promulgated by the Secretary of Commerce under this section, if such standards— contain, at a minimum, the provisions of those applicable standards made compulsory and binding by the Secretary; and are otherwise consistent with policies and guidelines issued under section 3555. The decision regarding the promulgation of any standard by the Secretary of Commerce under subsection

(b)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 ). A decision by the Secretary of Commerce to significantly modify, or not promulgate, a proposed standard submitted 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 ), shall be made after the public is given an opportunity to comment on the Secretary’s proposed decision. The Director of the National Office for Cyberspace shall ensure the operation of a central Federal information security incident center to— provide timely technical assistance to operators of agency information systems and information infrastructure regarding security incidents, including guidance on detecting and handling information security incidents; compile and analyze information about incidents that threaten information security; inform operators of agency information systems and information infrastructure about current and potential information security threats, and vulnerabilities; and 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. 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. In coordination with the Administrator for Electronic Government and Information Technology, the Director of the National Office for Cyberspace shall review and approve the policies, procedures, and guidance established in this subchapter to ensure that the incident center has the capability to effectively and efficiently detect, correlate, respond to, contain, mitigate, and remediate incidents that impair the adequate security of the information systems and information infrastructure of more than one agency. To the extent practicable, the capability shall be continuous and technically automated. The head of each agency operating or exercising control of a national security system shall be responsible for ensuring that the agency— 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; 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 complies with the requirements of this subchapter. .

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