§ 278g-3. — Computer standards program.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC278g-3]
TITLE 15--COMMERCE AND TRADE
CHAPTER 7--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Sec. 278g-3. Computer standards program
(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 3532(b)(2) of title 44);
(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; and
(4) carry out the responsibilities described in paragraph (3)
through the Computer Security Division.
(b) Minimum requirements for standards and guidelines
The standards and guidelines required by subsection (a) of this
section 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 coordination with 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) of this section, the Institute shall--
(1) consult with other agencies and offices (including, but not
limited to, 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) submit to the Director of the Office of Management and
Budget for promulgation under section 11331 of title 40--
(A) standards, as required under subsection (b)(1)(A) of
this section, no later than 12 months after November 25, 2002;
and
(B) minimum information security requirements for each
category, as required under subsection (b)(1)(C) of this
section, no later than 36 months after November 25, 2002;
(4) issue guidelines as required under subsection (b)(1)(B) of
this section, no later than 18 months after November 25, 2002;
(5) ensure that such standards and guidelines do not require
specific technological solutions or products, including any specific
hardware or software security solutions;
(6) 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) use flexible, performance-based standards and guidelines
that, to the greatest extent possible, 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) of
this section, along with recommendations as to the extent to which
these should be made compulsory and binding, to the Director of the
Office of Management and Budget for promulgation under section 11331
of title 40;
(2) provide assistance to agencies regarding--
(A) compliance with the standards and guidelines developed
under subsection (a) of this section;
(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) evaluate security policies and practices developed for
national security systems to assess potential application by
agencies to strengthen information security;
(7) periodically assess the effectiveness of standards and
guidelines developed under this section and undertake revisions as
appropriate;
(8) solicit and consider the recommendations of the Information
Security and Privacy Advisory Board, established by section 278g-4
of this title, regarding standards and guidelines developed under
subsection (a) of this section and submit such recommendations to
the Director of the Office of Management and Budget with such
standards submitted to the Director; and
(9) 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;
(2) the term ``information security'' has the same meaning as
provided in section 3532(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; and
(5) the term ``national security system'' has the same meaning
as provided in section 3532(b)(2) of such title.
(Mar. 3, 1901, ch. 872, Sec. 20, as added Pub. L. 100-235, Sec. 3(2),
Jan. 8, 1988, 101 Stat. 1724; amended Pub. L. 100-418, title V,
Sec. 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 104-106, div. E,
title LVI, Sec. 5607(a), Feb. 10, 1996, 110 Stat. 701; Pub. L. 105-85,
div. A, title X, Sec. 1073(h)(1), Nov. 18, 1997, 111 Stat. 1906; Pub. L.
107-296, title X, Sec. 1003, Nov. 25, 2002, 116 Stat. 2269; Pub. L. 107-
305, Secs. 8(b), 9, 10, Nov. 27, 2002, 116 Stat. 2378, 2379; Pub. L.
107-347, title III, Sec. 303, Dec. 17, 2002, 116 Stat. 2957.)
Codification
November 25, 2002, referred to in subsec. (c)(3) and (4), was in the
original ``the date of the enactment of this section'' in subsec. (c)(3)
and ``the date of the enactment of this Act'' in subsec. (c)(4), which
were translated as meaning the date of enactment of Pub. L. 107-296,
which enacted the text of this section, to reflect the probable intent
of Congress.
Prior Provisions
A prior section 20 of act Mar. 3, 1901, ch. 872, was renumbered
section 32 and is classified to section 278q of this title.
Amendments
2002--Pub. L. 107-347 added text of section and struck out former
text which read as follows:
``(a) The Institute shall--
``(1) have the mission of developing standards, guidelines, and
associated methods and techniques for computer systems;
``(2) except as described in paragraph (3) of this subsection
(relating to security standards), develop uniform standards and
guidelines for Federal computer systems, except those systems
excluded by section 2315 of title 10 or section 3502(9) of title 44;
``(3) have responsibility within the Federal Government for
developing technical, management, physical, and administrative
standards and guidelines for the cost-effective security and privacy
of sensitive information in Federal computer systems except--
``(A) those systems excluded by section 2315 of title 10 or
section 3502(9) of title 44; and
``(B) those systems which are protected at all times by
procedures established for information which has been
specifically authorized under criteria established by an
Executive order or an Act of Congress to be kept secret in the
interest of national defense or foreign policy,
the primary purpose of which standards and guidelines shall be to
control loss and unauthorized modification or disclosure of sensitive
information in such systems and to prevent computer-related fraud and
misuse;
``(4) submit standards and guidelines developed pursuant to
paragraphs (2) and (3) of this subsection, 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 1441 of title 40;
``(5) develop guidelines for use by operators of Federal
computer systems that contain sensitive information in training
their employees in security awareness and accepted security
practice, as required by section 5 of the Computer Security Act of
1987; and
``(6) develop validation procedures for, and evaluate the
effectiveness of, standards and guidelines developed pursuant to
paragraphs (1), (2), and (3) of this subsection through research and
liaison with other government and private agencies.
``(b) In fulfilling subsection (a) of this section, the Institute is
authorized--
``(1) to assist the private sector, upon request, in using and
applying the results of the programs and activities under this
section;
``(2) as requested, to provide to operators of Federal computer
systems technical assistance in implementing the standards and
guidelines promulgated pursuant to section 1441 of title 40;
``(3) to assist, as appropriate, the Office of Personnel
Management in developing regulations pertaining to training, as
required by section 5 of the Computer Security Act of 1987;
``(4) to perform research and to conduct studies, as needed, to
determine the nature and extent of the vulnerabilities of, and to
devise techniques for the cost-effective security and privacy of
sensitive information in Federal computer systems; and
``(5) to coordinate closely with other agencies and offices
(including, but not limited to, the Departments of Defense and
Energy, the National Security Agency, the General Accounting Office,
the Office of Technology Assessment, and the Office of Management
and Budget)--
``(A) to assure maximum use of all existing and planned
programs, materials, studies, and reports relating to computer
systems security and privacy, in order to avoid unnecessary and
costly duplication of effort; and
``(B) to assure, to the maximum extent feasible, that
standards developed pursuant to subsection (a)(3) and (5) of
this section are consistent and compatible with standards and
procedures developed for the protection of information in
Federal computer systems which is authorized under criteria
established by Executive order or an Act of Congress to be kept
secret in the interest of national defense or foreign policy.
``(c) For the purposes of--
``(1) developing standards and guidelines for the protection of
sensitive information in Federal computer systems under subsections
(a)(1) and (a)(3) of this section, and
``(2) performing research and conducting studies under
subsection (b)(5) of this section,
the Institute shall draw upon computer system technical security
guidelines developed by the National Security Agency to the extent that
the Institute determines that such guidelines are consistent with the
requirements for protecting sensitive information in Federal computer
systems.
``(d) As used in this section--
``(1) the term `computer system'--
``(A) means any equipment or interconnected system or
subsystems of equipment that is used in the automatic
acquisition, storage, manipulation, management, movement,
control, display, switching, interchange, transmission, or
reception, of data or information; and
``(B) includes--
``(i) computers and computer networks;
``(ii) ancillary equipment;
``(iii) software, firmware, and similar procedures;
``(iv) services, including support services; and
``(v) related resources;
``(2) the term `Federal computer system' means a computer system
operated by a Federal agency or by a contractor of a Federal agency
or other organization that processes information (using a computer
system) on behalf of the Federal Government to accomplish a Federal
function;
``(3) the term `operator of a Federal computer system' means a
Federal agency, contractor of a Federal agency, or other
organization that processes information using a computer system on
behalf of the Federal Government to accomplish a Federal function;
``(4) the term `sensitive information' means any information,
the loss, misuse, or unauthorized access to or modification of which
could adversely affect the national interest or the conduct of
Federal programs, or the privacy to which individuals are entitled
under section 552a of title 5 (the Privacy Act), but which has not
been specifically authorized under criteria established by an
Executive order or an Act of Congress to be kept secret in the
interest of national defense or foreign policy; and
``(5) the term `Federal agency' has the meaning given such term
by section 472(b) of title 40.
``(e) Intramural Security Research.--As part of the research
activities conducted in accordance with subsection (b)(4) of this
section, the Institute shall--
``(1) conduct a research program to address emerging
technologies associated with assembling a networked computer system
from components while ensuring it maintains desired security
properties;
``(2) carry out research associated with improving the security
of real-time computing and communications systems for use in process
control; and
``(3) carry out multidisciplinary, long-term, high-risk research
on ways to improve the security of computer systems.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary $1,060,000 for fiscal year 2003 and
$1,090,000 for fiscal year 2004 to enable the Computer System Security
and Privacy Advisory Board, established by section 278g-4 of this title,
to identify emerging issues, including research needs, related to
computer security, privacy, and cryptography and, as appropriate, to
convene public meetings on those subjects, receive presentations, and
publish reports, digests, and summaries for public distribution on those
subjects.''
Pub. L. 107-296 added text of section and struck out former text, as
added by Pub. L. 107-347, which read:
``(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); 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) of this section
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) of this
section, 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) submit to the Secretary of Commerce for promulgation under
section 11331 of title 40--
``(A) standards, as required under subsection (b)(1)(A) of
this section, no later than 12 months after December 17, 2002;
and
``(B) minimum information security requirements for each
category, as required under subsection (b)(1)(C) of this
section, no later than 36 months after December 17, 2002;
``(4) issue guidelines as required under subsection (b)(1)(B) of
this section, no later than 18 months after December 17, 2002;
``(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) of
this section, 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;
``(2) provide technical assistance to agencies, upon request,
regarding--
``(A) compliance with the standards and guidelines developed
under subsection (a) of this section;
``(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 278g-4 of this title, regarding standards and guidelines
developed under subsection (a) of this section 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;
``(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; and
``(5) the term `national security system' has the same meaning
as provided in section 3542(b)(2) of title 44.
``(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.''
Subsec. (d)(1)(B)(i). Pub. L. 107-305, Sec. 8(b), substituted
``computers and computer networks'' for ``computers''.
Subsecs. (e), (f). Pub. L. 107-305, Secs. 9, 10, added subsecs. (e)
and (f).
1997--Subsecs. (a)(4), (b)(2). Pub. L. 105-85 made technical
amendment to reference in original act which appears in text as
reference to section 1441 of title 40.
1996--Subsec. (a)(2), (3)(A). Pub. L. 104-106, Sec. 5607(a)(1)(A),
substituted ``section 3502(9) of title 44'' for ``section 3502(2) of
title 44''.
Subsec. (a)(4). Pub. L. 104-106, Sec. 5607(a)(1)(B), substituted
``section 1441 of title 40'' for ``section 759(d) of title 40''.
Subsec. (b)(2). Pub. L. 104-106, Sec. 5607(a)(2)(A), (C),
redesignated par. (3) as (2) and struck out former par. (2) which read
as follows: ``to make recommendations, as appropriate, to the
Administrator of General Services on policies and regulations proposed
pursuant to section 1441 of title 40;''.
Subsec. (b)(3). Pub. L. 104-106, Sec. 5607(a)(2)(C), redesignated
par. (4) as (3). Former par. (3) redesignated (2).
Pub. L. 104-106, Sec. 5607(a)(2)(B), substituted ``section 1441 of
title 40'' for ``section 759(d) of title 40''.
Subsec. (b)(4) to (6). Pub. L. 104-106, Sec. 5607(a)(2)(C),
redesignated pars. (4) to (6) as (3) to (5), respectively.
Subsec. (d)(1)(B)(v). Pub. L. 104-106, Sec. 5607(a)(3)(A), struck
out ``as defined by regulations issued by the Administrator for General
Services pursuant to section 759 of title 40'' after ``related
resources''.
Subsec. (d)(2). Pub. L. 104-106, Sec. 5607(a)(3)(B), substituted
``system' '' for ``system'--'', struck out ``(A)'' before ``means'',
substituted ``function;'' for ``function; and'', and struck out subpar.
(B) which read as follows: ``includes automatic data processing
equipment as that term is defined in section 759(a)(2) of title 40;''.
1988--Pub. L. 100-418 substituted ``Institute'' for ``National
Bureau of Standards'' in introductory provisions of subsecs. (a) and (b)
and wherever appearing in closing provisions of subsec. (c).
Effective Date of 2002 Amendments
Amendment by Pub. L. 107-347 effective Dec. 17, 2002, see section
402(b) of Pub. L. 107-347, set out as an Effective Date note under
section 3541 of Title 44, Public Printing and Documents.
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-106 effective 180 days after Feb. 10, 1996,
see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat. 702.
Section Referred to in Other Sections
This section is referred to in sections 272, 278g-4, 278h, 7406,
7407 of this title; title 6 section 512; title 40 sections 11302, 11331;
title 44 sections 3504, 3533, 3538, 3543.
