Sec. 703. Oversight of national security systems
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/bill/114/hr/6393/rds/section-703·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3557 of title 44, United States Code, is amended— by striking The head and inserting the following: The head ; and by inserting before subsection (c), as designated by paragraph (1), the following: In this section: Notwithstanding section 3552(b), the term binding operational directive means a compulsory direction to an agency that— is for purposes of safeguarding national security information and information systems from a known or reasonably suspected information security threat, vulnerability, or risk; and shall be in accordance with policies, principles, standards, and guidelines issued by the Committee.
The term Committee means the committee established pursuant to National Security Directive 42, signed by the President on July 5, 1990. The term National Manager means the national manager referred to in National Security Directive 42, signed by the President on July 5, 1990. The Director of the National Security Agency shall serve as the National Manager. Each head of an agency that operates or exercises control of a national security system shall register such system and its configuration with the National Manager.
The head of an agency operating or exercising control of a national security system may not operate or exercise control of such national security system until such head receives a letter from the National Manager that acknowledges registration of such national security system. The National Manager, in consultation with the head of an agency that operates or exercises control of a national security system, may, as the National Manager considers appropriate, inspect such system— for adherence to such standards as the Committee may establish for national security systems; and to confirm whether the national security system coheres with its configuration registered under paragraph (2).
Except as provided in subparagraph (B), the National Manager, in consultation with the Committee, may issue such binding operational directives as the National Manager considers appropriate to ensure the security of a national security system. In any case in which the National Manager issues an operational directive under subparagraph
(A)with respect to a national security system operated or controlled by an agency, such operational directive shall not be considered binding if the head of such agency submits to the National Manager a certification that the operational directive would degrade national security. Not less frequently than once each year, the National Manager shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report on the certifications submitted to the National Manager under subparagraph
(B)in the most recent year preceding the report. . Section 11103(a) of title 40, United States Code, is amended— by striking paragraph (2); in paragraph (1)(E), by striking subject to paragraph (2), ; by striking and all that follows through Definition .— In this section and inserting ; and National security system defined .—In this section by redesignating subparagraphs
(A)through
(E)as paragraphs
(1)through (5), respectively, and moving such paragraphs 2 ems to the left. Section 3552(b)(6) of title 44, United States Code, is amended— by striking subparagraph (B); in subparagraph (A), by striking
(A); by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; by redesignating subclauses
(I)through
(V)as clauses
(i)through (v), respectively; and in subparagraph (A)(v), as redesignated, by striking subject to subparagraph (B), .