§ 278g-4. — Computer System Security and Privacy Advisory Board.
[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-4]
TITLE 15--COMMERCE AND TRADE
CHAPTER 7--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Sec. 278g-4. Information Security and Privacy Advisory Board
(a) Establishment and composition
There is hereby established a \1\ Information Security and Privacy
Advisory Board within the Department of Commerce. The Secretary of
Commerce shall appoint the chairman of the Board. The Board shall be
composed of twelve additional members appointed by the Secretary of
Commerce as follows:
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\1\ So in original. Probably should be ``an''.
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(1) four members from outside the Federal Government who are
eminent in the information technology industry, at least one of whom
is representative of small or medium sized companies in such
industries;
(2) four members from outside the Federal Government who are
eminent in the fields of information technology, or related
disciplines, but who are not employed by or representative of a
producer of information technology; and
(3) four members from the Federal Government who have
information system management experience, including experience in
information security and privacy, at least one of whom shall be from
the National Security Agency.
(b) Duties
The duties of the Board shall be--
(1) to identify emerging managerial, technical, administrative,
and physical safeguard issues relative to information security and
privacy;
(2) to advise the Institute 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 278g-3 of this title; and
(3) to report annually its findings to the Secretary of
Commerce, the Director of the Office of Management and Budget, the
Director of the National Security Agency, and the appropriate
committees of the Congress.
(c) Term of office
The term of office of each member of the Board shall be four years,
except that--
(1) of the initial members, three shall be appointed for terms
of one year, three shall be appointed for terms of two years, three
shall be appointed for terms of three years, and three shall be
appointed for terms of four years; and
(2) any member appointed to fill a vacancy in the Board shall
serve for the remainder of the term for which his predecessor was
appointed.
(d) Quorum
The Board shall not act in the absence of a quorum, which shall
consist of seven members.
(e) Allowance for travel expenses
Members of the Board, other than full-time employees of the Federal
Government, while attending meetings of such committees or while
otherwise performing duties at the request of the Board Chairman while
away from their homes or a regular place of business, may be allowed
travel expenses in accordance with subchapter I of chapter 57 of title
5.
(f) Meetings
The Board shall hold meetings at such locations and at such time and
place as determined by a majority of the Board.
(g) Staff services and utilization of Federal personnel
To provide the staff services necessary to assist the Board in
carrying out its functions, the Board may utilize personnel from the
Institute or any other agency of the Federal Government with the consent
of the head of the agency.
(h) Definitions
As used in this section, the terms ``information system'' and
``information technology'' have the meanings given in section 278g-3 of
this title.
(Mar. 3, 1901, ch. 872, Sec. 21, as added Pub. L. 100-235, Sec. 3(2),
Jan. 8, 1988, 101 Stat. 1727; amended Pub. L. 100-418, title V,
Sec. 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 107-296, title
X, Sec. 1004, Nov. 25, 2002, 116 Stat. 2271; Pub. L. 107-347, title III,
Sec. 304, Dec. 17, 2002, 116 Stat. 2959.)
Amendments
2002--Subsec. (a). Pub. L. 107-296, Sec. 1004(1), and Pub. L. 107-
347, Sec. 304(1), amended subsec. (a) identically, substituting
``Information Security and Privacy Advisory Board'' for ``Computer
System Security and Privacy Advisory Board'' in introductory provisions.
Subsec. (a)(1). Pub. L. 107-296, Sec. 1004(2), and Pub. L. 107-347,
Sec. 304(2), amended par. (1) identically, substituting ``information
technology'' for ``computer or telecommunications''.
Subsec. (a)(2). Pub. L. 107-296, Sec. 1004(3), and Pub. L. 107-347,
Sec. 304(3), amended par. (2) identically, substituting ``information
technology'' for ``computer or telecommunications technology'' and for
``computer or telecommunications equipment''.
Subsec. (a)(3). Pub. L. 107-296, Sec. 1004(4), and Pub. L. 107-347,
Sec. 304(4), amended par. (3) identically, substituting ``information
system'' for ``computer systems'' and ``information security'' for
``computer systems security''.
Subsec. (b)(1). Pub. L. 107-296, Sec. 1004(5), and Pub. L. 107-347,
Sec. 304(5), amended par. (1) identically, substituting ``information
security'' for ``computer systems security''.
Subsec. (b)(2). Pub. L. 107-347, Sec. 304(6), added par. (2) and
struck out former par. (2) which read as follows: ``to advise the
Institute and the Secretary of Commerce on security and privacy issues
pertaining to Federal computer systems; and''.
Pub. L. 107-296, Sec. 1004(6), added par. (2) and struck out former
par. (2), added by Pub. L. which read as follows: ``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
278g-3 of this title; and''.
Subsec. (b)(3). Pub. L. 107-296, Sec. 1004(7), and Pub. L. 107-347,
Sec. 304(7), amended par. (3) identically, inserting ``annually'' after
``report''.
Subsecs. (f), (g). Pub. L. 107-296, Sec. 1004(8), (9), and Pub. L.
107-347, Sec. 304(8), (9), amended section identically, adding subsec.
(f) and redesignating former subsec. (f) as (g). Former subsec. (g)
redesignated (h).
Subsec. (h). Pub. L. 107-296, Sec. 1004(10), and Pub. L. 107-347,
Sec. 304(10), amended section identically, adding subsec. (h) and
striking out former subsec. (h) which read as follows: ``As used in this
section, the terms `computer system' and `Federal computer system' have
the meanings given in section 278g-3 of this title.''
Pub. L. 107-296, Sec. 1004(9), and Pub. L. 107-347, Sec. 304(9),
amended section identically, redesignating subsec. (g) as (h).
1988--Subsec. (b)(2). Pub. L. 100-418, which directed that this
chapter be amended by substituting ``Institute'' for ``National Bureau
of Standards'', ``Bureau'', or ``bureau'', wherever appearing, was
executed to par. (2) by substituting ``Institute'' for ``Bureau of
Standards'', to reflect the probable intent of Congress.
Subsec. (f). Pub. L. 100-418 substituted ``Institute'' for
``National Bureau of Standards''.
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.
Termination of Advisory Boards
Advisory boards in existence on Jan. 5, 1973, to terminate not later
than the expiration of the 2-year period following Jan. 5, 1973, unless,
in the case of a council established by the President or an officer of
the Federal Government, such council is renewed by appropriate action
prior to the expiration of such 2-year period, or in the case of a
council established by the Congress, its duration is otherwise provided
by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86
Stat. 770, 776, set out in the Appendix to Title 5, Government
Organization and Employees.
Section Referred to in Other Sections
This section is referred to in sections 278g-3, 278h of this title;
title 44 section 3504.