Sec 3554- Information Security-Federal Agency Responsibilities

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44 USC CHAPTER 35, SUBCHAPTER II: INFORMATION SECURITY
From Title 44—PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35—COORDINATION OF FEDERAL INFORMATION POLICY

SUBCHAPTER II—INFORMATION SECURITY

§3551. 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, including
through automated security tools to continuously diagnose and improve security;
(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.
(Added Pub. L. 113–283, §2(a), Dec. 18, 2014, 128 Stat. 3073.)
Editorial Notes

Prior Provisions
Provisions similar to this section were contained in sections 3531 and 3541 of this title prior to repeal by
Pub. L. 113–283.
Statutory Notes and Related Subsidiaries

Cybersecurity Improvements to Agency Information Systems
Pub. L. 114–4, title V, §547, Mar. 4, 2015, 129 Stat. 69, provided that:
"(a) Of the amounts made available by this Act [Pub. L. 114–4, see Tables for classification] for 'National

Protection and Programs Directorate, Infrastructure Protection and Information Security', $140,525,000
for the Federal Network Security program, project, and activity shall be used to deploy on Federal
systems technology to improve the information security of agency information systems covered by
[former] section 3543(a) of title 44, United States Code [see now 44 U.S.C. 3553]: Provided, That funds made
available under this section shall be used to assist and support Government-wide and agency-specific
efforts to provide adequate, risk-based, and cost-effective cybersecurity to address escalating and rapidly
evolving threats to information security, including the acquisition and operation of a continuous monitoring
and diagnostics program, in collaboration with departments and agencies, that includes equipment,
software, and Department of Homeland Security supplied services: Provided further, That continuous
monitoring and diagnostics software procured by the funds made available by this section shall not
transmit to the Department of Homeland Security any personally identifiable information or content of
network communications of other agencies' users: Provided further, That such software shall be installed,
maintained, and operated in accordance with all applicable privacy laws and agency-specific policies
regarding network content.
"(b) Funds made available under this section may not be used to supplant funds provided for any such
system within an agency budget.
"(c) Not later than July 1, 2015, the heads of all Federal agencies shall submit to the Committees on
Appropriations of the Senate and the House of Representatives expenditure plans for necessary
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cybersecurity improvements to address known vulnerabilities to information systems described in
subsection (a).
"(d) Not later than October 1, 2015, and semiannually thereafter, the head of each Federal agency
shall submit to the Director of the Office of Management and Budget a report on the execution of the
expenditure plan for that agency required by subsection (c): Provided, That the Director of the Office of
Management and Budget shall summarize such execution reports and annually submit such summaries
to Congress in conjunction with the annual progress report on implementation of the E-Government Act
of 2002 (Public Law 107–347) [see Tables for classification], as required by section 3606 of title 44, United
States Code.
"(e) This section shall not apply to the legislative and judicial branches of the Federal Government and
shall apply to all Federal agencies within the executive branch except for the Department of Defense, the
Central Intelligence Agency, and the Office of the Director of National Intelligence."
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 113–76, div. F, title V, §554, Jan. 17, 2014, 128 Stat. 278.
Pub. L. 113–6, div. D, title V, §558, Mar. 26, 2013, 127 Stat. 377.

§3552. 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 "binding operational directive" means a compulsory direction to an agency that—
(A) is for purposes of safeguarding Federal information and information systems from a known or reasonably
suspected information security threat, vulnerability, or risk;
(B) shall be in accordance with policies, principles, standards, and guidelines issued by the Director; and
(C) may be revised or repealed by the Director if the direction issued on behalf of the Director is not in
accordance with policies and principles developed by the Director.
(2) The term "incident" means an occurrence that—
(A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of
information or an information system; or
(B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or
acceptable use policies.
(3) 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.
(4) The term "information technology" has the meaning given that term in section 11101 of title 40.
(5) The term "intelligence community" has the meaning given that term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 3003(4)).
(6)(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).
(7) The term "Secretary" means the Secretary of Homeland Security.
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(Added Pub. L. 113–283, §2(a), Dec. 18, 2014, 128 Stat. 3074.)
Editorial Notes

Prior Provisions
Provisions similar to this section were contained in sections 3532 and 3542 of this title prior to repeal by
Pub. L. 113–283.

§3553. Authority and functions of the Director and the Secretary
(a) Director.—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) ensuring that the Secretary carries out the authorities and functions under subsection (b);
(4) 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;
(5) overseeing agency compliance with the requirements of this subchapter and section 1326 of title 41, including
through any authorized action under section 11303 of title 40, to enforce accountability for compliance with such
requirements; and
(6) coordinating information security policies and procedures with related information resources management
policies and procedures.
(b) Secretary.—The Secretary, in consultation with the Director, shall administer the implementation of agency
information security policies and practices for information systems, except for national security systems and
information systems described in paragraph (2) or (3) of subsection (e), including—
(1) assisting the Director in carrying out the authorities and functions under paragraphs (1), (2), (3), (5), and (6) of
subsection (a);
(2) developing and overseeing the implementation of binding operational directives to agencies to implement the
policies, principles, standards, and guidelines developed by the Director under subsection (a)(1) and the
requirements of this subchapter, which may be revised or repealed by the Director if the operational directives issued
on behalf of the Director are not in accordance with policies, principles, standards, and guidelines developed by the
Director, including—
(A) requirements for reporting security incidents to the Federal information security incident center established
under section 3556;
(B) requirements for the contents of the annual reports required to be submitted under section 3554(c)(1);
(C) requirements for the mitigation of exigent risks to information systems; and
(D) other operational requirements as the Director or Secretary, in consultation with the Director, may determine
necessary;
(3) monitoring agency implementation of information security policies and practices;
(4) convening meetings with senior agency officials to help ensure effective implementation of information security
policies and practices;
(5) coordinating Government-wide efforts on information security policies and practices, including consultation with
the Chief Information Officers Council established under section 3603 and the Director of the National Institute of
Standards and Technology;
(6) providing operational and technical assistance to agencies in implementing policies, principles, standards, and
guidelines on information security, including implementation of standards promulgated under section 11331 of title
40, including by—
(A) operating the Federal information security incident center established under section 3556;
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(B) upon request by an agency, deploying, operating, and maintaining technology to assist the agency to
continuously diagnose and mitigate against cyber threats and vulnerabilities, with or without reimbursement;
(C) compiling and analyzing data on agency information security; and
(D) developing and conducting targeted operational evaluations, including threat and vulnerability assessments,
on the information systems;
(7) hunting for and identifying, with or without advance notice to or authorization from agencies, threats and
vulnerabilities within Federal information systems;
(8) upon request by an agency, and at the Secretary's discretion, with or without reimbursement—
(A) providing services, functions, and capabilities, including operation of the agency's information security
program, to assist the agency with meeting the requirements set forth in section 3554(b); and
(B) deploying, operating, and maintaining secure technology platforms and tools, including networks and
common business applications, for use by the agency to perform agency functions, including collecting,
maintaining, storing, processing, disseminating, and analyzing information; and

(9) other actions as the Director or the Secretary, in consultation with the Director, may determine necessary to
carry out this subsection.
(c) Report.—Not later than March 1 of each year, the Director, in consultation with the Secretary, shall submit to
Congress a report on the effectiveness of information security policies and practices during the preceding year,
including—
(1) a summary of the incidents described in the annual reports required to be submitted under section 3554(c)(1),
including a summary of the information required under section 3554(c)(1)(A)(iii);
(2) a description of the threshold for reporting major information security incidents;
(3) a summary of the results of evaluations required to be performed under section 3555;
(4) an assessment of agency compliance with standards promulgated under section 11331 of title 40; and
(5) an assessment of agency compliance with data breach notification policies and procedures issued by the
Director.
(d) National Security Systems.—Except for the authorities and functions described in subsection (a)(5) and
subsection (c), the authorities and functions of the Director and the Secretary under this section shall not apply to
national security systems.
(e) Department of Defense and Intelligence Community 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 National 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 an element of the intelligence
community, a contractor of an element of the intelligence community, or another entity on behalf of an element of the
intelligence community that processes any information the unauthorized access, use, disclosure, disruption,
modification, or destruction of which would have a debilitating impact on the mission of an element of the intelligence
community.
(f) Consideration.—
(1) In general.—In carrying out the responsibilities under subsection (b), the Secretary shall consider any
applicable standards or guidelines developed by the National Institute of Standards and Technology and issued by
the Secretary of Commerce under section 11331 of title 40.1
(2) Directives.—The Secretary shall—
(A) consult with the Director of the National Institute of Standards and Technology regarding any binding
operational directive that implements standards and guidelines developed by the National Institute of Standards
and Technology; and
(B) ensure that binding operational directives issued under subsection (b)(2) do not conflict with the standards
and guidelines issued under section 11331 of title 40.1
(3) Rule of construction.—Nothing in this subchapter shall be construed as authorizing the Secretary to direct
the Secretary of Commerce in the development and promulgation of standards and guidelines under section 11331
of title 40.1
(g) Exercise of Authority.—To ensure fiscal and policy consistency, the Secretary shall exercise the authority
under this section subject to direction by the President, in coordination with the Director.
(h) Direction to Agencies.—
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(1) Authority.—
(A) In general.—Subject to subparagraph (B), in response to a known or reasonably suspected information
security threat, vulnerability, or incident that represents a substantial threat to the information security of an
agency, the Secretary may issue an emergency directive to the head of an agency to take any lawful action with
respect to the operation of the information system, including such systems used or operated by another entity on
behalf of an agency, that collects, processes, stores, transmits, disseminates, or otherwise maintains agency
information, for the purpose of protecting the information system from, or mitigating, an information security threat.
(B) Exception.—The authorities of the Secretary under this subsection shall not apply to a system described
subsection (d) or to a system described in paragraph (2) or (3) of subsection (e).
(2) Procedures for use of authority.—The Secretary shall—
(A) in coordination with the Director, and in consultation with Federal contractors as appropriate, establish
procedures governing the circumstances under which a directive may be issued under this subsection, which shall
include—
(i) thresholds and other criteria;
(ii) privacy and civil liberties protections; and
(iii) providing notice to potentially affected third parties;
(B) specify the reasons for the required action and the duration of the directive;
(C) minimize the impact of a directive under this subsection by—
(i) adopting the least intrusive means possible under the circumstances to secure the agency information
systems; and
(ii) limiting directives to the shortest period practicable;
(D) notify the Director and the head of any affected agency immediately upon the issuance of a directive under
this subsection;
(E) consult with the Director of the National Institute of Standards and Technology regarding any directive under
this subsection that implements standards and guidelines developed by the National Institute of Standards and
Technology;
(F) ensure that directives issued under this subsection do not conflict with the standards and guidelines issued
under section 11331 of title 40;
(G) consider any applicable standards or guidelines developed by the National Institute of Standards and
Technology issued by the Secretary of Commerce under section 11331 of title 40; and
(H) not later than February 1 of each year, submit to the appropriate congressional committees a report
regarding the specific actions the Secretary has taken pursuant to paragraph (1)(A).
(3) Imminent threats.—
(A) In general.—Notwithstanding section 3554, the Secretary may authorize the use under this subsection of
the intrusion detection and prevention capabilities established under section 230(b)(1) 1 of the Homeland Security
Act of 2002 for the purpose of ensuring the security of agency information systems, if—
(i) the Secretary determines there is an imminent threat to agency information systems;
(ii) the Secretary determines a directive under subsection (b)(2)(C) or paragraph (1)(A) is not reasonably likely
to result in a timely response to the threat;
(iii) the Secretary determines the risk posed by the imminent threat outweighs any adverse consequences
reasonably expected to result from the use of the intrusion detection and prevention capabilities under the
control of the Secretary;
(iv) the Secretary provides prior notice to the Director, and the head and chief information officer (or
equivalent official) of each agency to which specific actions will be taken pursuant to this paragraph, and notifies
the appropriate congressional committees and authorizing committees of each such agency within 7 days of
taking an action under this paragraph of—
(I) any action taken under this paragraph; and
(II) the reasons for and duration and nature of the action;
(v) the action of the Secretary is consistent with applicable law; and
(vi) the Secretary authorizes the use of the intrusion detection and prevention capabilities in accordance with
the advance procedures established under subparagraph (C).
(B) Limitation on delegation.—The authority under this paragraph may not be delegated by the Secretary.
(C) Advance procedures.—The Secretary shall, in coordination with the Director, and in consultation with the
heads of Federal agencies, establish procedures governing the circumstances under which the Secretary may
authorize the use of the intrusion detection and prevention capabilities under subparagraph (A). The Secretary
shall submit the procedures to Congress.
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(4) Limitation.—The Secretary may direct or authorize lawful action or the use of the intrusion detection and
prevention capabilities under this subsection only to—
(A) protect agency information from unauthorized access, use, disclosure, disruption, modification, or
destruction; or
(B) require the remediation of or protect against identified information security risks with respect to—
(i) information collected or maintained by or on behalf of an agency; or
(ii) that portion of an information system used or operated by an agency or by a contractor of an agency or
other organization on behalf of an agency.
(i) Annual Report to Congress.—Not later than February 1 of each year, the Director and the Secretary shall
submit to the appropriate congressional committees a report regarding the specific actions the Director and the
Secretary have taken pursuant to subsection (a)(5), including any actions taken pursuant to section 11303(b)(5) of title
40.
(j) Rule of Construction.—Nothing in this section shall be construed to require the Secretary to provide notice to
any private entity before the Secretary issues a binding operational directive under subsection (b)(2).
(k) Appropriate Congressional Committees Defined.—In this section, the term "appropriate congressional
committees" means—
(1) the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the
Senate; and
(2) the Committee on Appropriations, the Committee on Homeland Security, the Committee on Oversight and
Government Reform, and the Committee on Science, Space, and Technology of the House of Representatives.
(l) Information Sharing.—
(1) In general.—Notwithstanding any other provision of law, including any provision of law that would otherwise
restrict or prevent the head of an agency from disclosing information to the Secretary, the Secretary in carrying out
this section and title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) may access, use, retain, and
disclose, and the head of an agency may disclose to the Secretary, information, for the purpose of protecting
information and information systems from cybersecurity risks.
(2) Exception.—Paragraph (1) shall not apply to national security systems or to information systems described in
paragraph (2) or (3) of subsection (e).
(Added Pub. L. 113–283, §2(a), Dec. 18, 2014, 128 Stat. 3075; amended Pub. L. 114–113, div. N, title II, §§224(e),
229(a), Dec. 18, 2015, 129 Stat. 2967, 2972; Pub. L. 115–390, title II, §204(a)(1), Dec. 21, 2018, 132 Stat. 5192; Pub.
L. 116–92, div. E, title LXIV, §6432, Dec. 20, 2019, 133 Stat. 2200; Pub. L. 116–283, div. A, title XVII, §1705, Jan. 1,
2021, 134 Stat. 4082.)
Editorial Notes

References in Text
Section 11331 of title 40, referred to in subsec. (f), was generally amended by both Pub. L. 107–347 and
Pub. L. 107–296. As amended by Pub. L. 107–347, effective Dec. 17, 2002, section 11331 of title 40 provided

for the prescription by the Secretary of Commerce of standards and guidelines pertaining to Federal
information systems. See 2002 Amendment note under that section. As amended by Pub. L. 107–296,
effective 60 days after Nov. 25, 2002, section 11331 of title 40 provided for the promulgation by the Director
of the Office of Management and Budget of information security standards pertaining to Federal
information systems.
Section 230(b)(1) of the Homeland Security Act of 2002, referred to in subsec. (h)(3)(A), is section
230(b)(1) of title II of Pub. L. 107–296, as added by Pub. L. 114–113, div. N, title II, §223(a)(6), Dec. 18, 2015,
129 Stat. 2964, which was redesignated section 2213(b)(1) of Pub. L. 107–296 by section 2(g)(2)(I) of Pub. L.
115–278, Nov. 16, 2018, 132 Stat. 4178, and is classified to section 663(b)(1) of Title 6, Domestic Security.
The Homeland Security Act of 2002, referred to in subsec. (l)(1), is Pub. L. 107–296, Nov. 25, 2002, 116
Stat. 2135. Title XXII of the Act is classified generally to subchapter XVIII (§651 et seq.) of chapter 1 of Title
6, Domestic Security. For complete classification of this Act to the Code, see Short Title note set out
under section 101 of Title 6 and Tables.

Prior Provisions
Provisions similar to this section were contained in sections 3533 and 3543 of this title prior to repeal by

Pub. L. 113–283.

Amendments
2021—Subsec. (b)(7) to (9). Pub. L. 116–283, §1705(1), added pars. (7) and (8) and redesignated former
par. (7) as (9).
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Subsec. (l). Pub. L. 116–283, §1705(2), added subsec. (l).
2019—Subsecs. (j), (k). Pub. L. 116–92 added subsec. (j) and redesignated former subsec. (j) as (k).
2018—Subsec. (a)(5). Pub. L. 115–390 inserted "and section 1326 of title 41" after "compliance with the
requirements of this subchapter".
2015—Subsec. (b)(6)(B). Pub. L. 114–113, §224(e), inserted ", operating, and maintaining" after
"deploying".
Subsecs. (h) to (j). Pub. L. 114–113, §229(a), added subsecs. (h) to (j).
Statutory Notes and Related Subsidiaries

Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee
on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred
Sixteenth Congress, Jan. 9, 2019.

Effective Date of 2018 Amendment
Amendment by Pub. L. 115–390 effective 90 days after Dec. 21, 2018, see section 205 of Pub. L. 115–390,
set out as an Effective Date note under section 1321 of this title.

Construction
Pub. L. 115–390, title II, §204(b), Dec. 21, 2018, 132 Stat. 5193, provided that: "Nothing in this title [see
section 201 of Pub. L. 115–390, set out as a Short Title of 2018 note under section 101 of Title 41, Public
Contracts] shall be construed to alter or impede any authority or responsibility under section 3553 of title 44,
United States Code."

Breaches
Pub. L. 113–283, §2(d), Dec. 18, 2014, 128 Stat. 3085, provided that:
"(1) Requirements.—The Director of the Office of Management and Budget shall ensure that data

breach notification policies and guidelines are updated periodically and require—
"(A) except as provided in paragraph (4), notice by the affected agency to each committee of
Congress described in section 3554(c)(1) of title 44, United States Code, as added by subsection (a), the
Committee on the Judiciary of the Senate, and the Committee on the Judiciary of the House of
Representatives, which shall—
"(i) be provided expeditiously and not later than 30 days after the date on which the agency
discovered the unauthorized acquisition or access; and
"(ii) include—
"(I) information about the breach, including a summary of any information that the agency
knows on the date on which notification is provided about how the breach occurred;
"(II) an estimate of the number of individuals affected by the breach, based on information
that the agency knows on the date on which notification is provided, including an assessment of
the risk of harm to affected individuals;
"(III) a description of any circumstances necessitating a delay in providing notice to
affected individuals; and
"(IV) an estimate of whether and when the agency will provide notice to affected
individuals; and
"(B) notice by the affected agency to affected individuals, pursuant to data breach notification
policies and guidelines, which shall be provided as expeditiously as practicable and without
unreasonable delay after the agency discovers the unauthorized acquisition or access.
"(2) National security; law enforcement; remediation.—The Attorney General, the head of an element
of the intelligence community (as such term is defined under section 3(4) of the National Security Act of
1947 (50 U.S.C. 3003(4)), or the Secretary of Homeland Security may delay the notice to affected
individuals under paragraph (1)(B) if the notice would disrupt a law enforcement investigation, endanger
national security, or hamper security remediation actions.
"(3) Reports.—
"(A) Director of omb.—During the first 2 years beginning after the date of enactment of this Act
[Dec. 18, 2014], the Director of the Office of Management and Budget shall, on an annual basis—
"(i) assess agency implementation of data breach notification policies and guidelines in
aggregate; and
"(ii) include the assessment described in clause (i) in the report required under section 3553(c)
of title 44, United States Code.
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"(B) Secretary of homeland security.—During the first 2 years beginning after the date of
enactment of this Act, the Secretary of Homeland Security shall include an assessment of the status of
agency implementation of data breach notification policies and guidelines in the requirements under
section 3553(b)(2)(B) of title 44, United States Code.
"(4) Exception.—Any element of the intelligence community (as such term is defined under section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)) that is required to provide notice under paragraph
(1)(A) shall only provide such notice to appropriate committees of Congress.
"(5) Rule of construction.—Nothing in paragraph (1) shall be construed to alter any authority of a
Federal agency or department."
Similar provisions were contained in Pub. L. 113–282, §7(b), Dec. 18, 2014, 128 Stat. 3071.
1 See References in Text note below.

§3554. 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, subchapter III of chapter 13 of title 41, and related
policies, procedures, standards, and guidelines, including—
(i) information security standards promulgated under section 11331 of title 40;
(ii) operational directives developed by the Secretary under section 3553(b);
(iii) policies and procedures issued by the Director;
(iv) information security standards and guidelines for national security systems issued in accordance with law
and as directed by the President;
(v) emergency directives issued by the Secretary under section 3553(h); and
(vi) responsibilities relating to assessing and avoiding, mitigating, transferring, or accepting supply chain risks
under section 1326 of title 41, and complying with exclusion and removal orders issued under section 1323 of
such title; and
(C) ensuring that information security management processes are integrated with agency strategic, operational,
and budgetary 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 3553 of this title and section 11331 of title 40;
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(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;
(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;
(6) ensure that senior agency officials, including chief information officers of component agencies or equivalent
officials, carry out responsibilities under this subchapter as directed by the official delegated authority under
paragraph (3); and
(7) ensure that all personnel are held accountable for complying with the agency-wide information security
program implemented under subsection (b).
(b) Agency Program.—Each agency shall develop, document, and implement an agency-wide information security
program 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, which may include using automated tools consistent with standards and
guidelines promulgated under section 11331 of title 40;
(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); 1
(B) may include testing relied on in an evaluation under section 3555; and
(C) shall include using automated tools, consistent with standards and guidelines promulgated under section
11331 of title 40;
(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, which—
(A) shall be consistent with the standards and guidelines described in section 3556(b);
(B) may include using automated tools; and
(C) shall include—
(i) mitigating risks associated with such incidents before substantial damage is done;
(ii) notifying and consulting with the Federal information security incident center established in section 3556;
and
(iii) notifying and consulting with, as appropriate—
(I) law enforcement agencies and relevant Offices of Inspector General and Offices of General Counsel;
(II) an office designated by the President for any incident involving a national security system;
(III) for a major incident, the committees of Congress described in subsection (c)(1)—
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(aa) not later than 7 days after the date on which there is a reasonable basis to conclude that the major
incident has occurred; and
(bb) after the initial notification under item (aa), within a reasonable period of time after additional
information relating to the incident is discovered, including the summary required under subsection (c)(1)(A)
(i); and
(IV) 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.—
(1) Annual report.—
(A) In general.—Each agency shall submit to the Director, the Secretary, the Committee on Government
Reform, the Committee on Homeland Security, and the Committee on Science of the House of Representatives,
the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate, the appropriate authorization and appropriations committees of Congress, and the
Comptroller General a report on the adequacy and effectiveness of information security policies, procedures, and
practices, including—
(i) a description of each major information security incident or related sets of incidents, including summaries of
—
(I) the threats and threat actors, vulnerabilities, and impacts relating to the incident;
(II) the risk assessments conducted under section 3554(a)(2)(A) of the affected information systems before
the date on which the incident occurred;
(III) the status of compliance of the affected information systems with applicable security requirements at
the time of the incident; and
(IV) the detection, response, and remediation actions;
(ii) the total number of information security incidents, including a description of incidents resulting in significant
compromise of information security, system impact levels, types of incident, and locations of affected systems;
(iii) a description of each major information security incident that involved a breach of personally identifiable
information, as defined by the Director, including—
(I) the number of individuals whose information was affected by the major information security incident; and
(II) a description of the information that was breached or exposed; and
(iv) any other information as the Director or the Secretary, in consultation with the Director, may require.
(B) Unclassified report.—
(i) In general.—Each report submitted under subparagraph (A) shall be in unclassified form, but may include
a classified annex.
(ii) Access to information.—The head of an agency shall ensure that, to the greatest extent practicable,
information is included in the unclassified version of the reports submitted by the agency under subparagraph
(A).
(2) Other plans and reports.—Each agency shall address the adequacy and effectiveness of information
security policies, procedures, and practices in management plans and reports.
(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)(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.
(Added Pub. L. 113–283, §2(a), Dec. 18, 2014, 128 Stat. 3078; amended Pub. L. 114–113, div. N, title II, §229(b), Dec.
18, 2015, 129 Stat. 2974; Pub. L. 115–390, title II, §204(a)(2), Dec. 21, 2018, 132 Stat. 5193.)
Editorial Notes
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Prior Provisions
Provisions similar to this section were contained in sections 3534 and 3544 of this title prior to repeal by

Pub. L. 113–283.

Amendments
2018—Subsec. (a)(1)(B). Pub. L. 115–390, §204(a)(2)(A), inserted ", subchapter III of chapter 13 of title 41,"
after "complying with the requirements of this subchapter" in introductory provisions.
Subsec. (a)(1)(B)(vi). Pub. L. 115–390, §204(a)(2)(B), (C), added cl. (vi).
2015—Subsec. (a)(1)(B)(v). Pub. L. 114–113 added cl. (v).
Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment
Amendment by Pub. L. 115–390 effective 90 days after Dec. 21, 2018, see section 205 of Pub. L. 115–390,
set out as an Effective Date note under section 1321 of Title 41, Public Contracts.

Major Incident
Pub. L. 113–283, §2(b), Dec. 18, 2014, 128 Stat. 3085, provided that: "The Director of the Office of
Management and Budget shall—
"(1) develop guidance on what constitutes a major incident for purposes of section 3554(b) of title 44,
United States Code, as added by subsection (a); and
"(2) provide to Congress periodic briefings on the status of the developing of the guidance until the
date on which the guidance is issued."
1 So in original. Section 3505 contains two subsecs. (c).

§3555. 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 of the effectiveness of the information security policies, procedures, and practices of the
agency; 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 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
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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 3553(c).
(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
National 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 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.
(i) Assessment Technical Assistance.—The Comptroller General may provide technical assistance to an
Inspector General or the head of an agency, as applicable, to assist the Inspector General or head of an agency in
carrying out the duties under this section, including by testing information security controls and procedures.
(j) Guidance.—The Director, in consultation with the Secretary, the Chief Information Officers Council established
under section 3603, the Council of the Inspectors General on Integrity and Efficiency, and other interested parties as
appropriate, shall ensure the development of guidance for evaluating the effectiveness of an information security
program and practices.
(Added Pub. L. 113–283, §2(a), Dec. 18, 2014, 128 Stat. 3082.)
Editorial Notes

References in Text
The Inspector General Act of 1978, referred to in subsec. (b)(1), is Pub. L. 95–452, Oct. 12, 1978, 92
Stat. 1101, which is set out in the Appendix to Title 5, Government Organization and Employees.

Prior Provisions
Provisions similar to this section were contained in sections 3535 and 3545 of this title prior to repeal by

Pub. L. 113–283.

§3556. Federal information security incident center
(a) In General.—The Secretary 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;
(4) provide, as appropriate, intelligence and other information about cyber threats, vulnerabilities, and incidents to
agencies to assist in risk assessments conducted under section 3554(b); and
(5) 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.
(Added Pub. L. 113–283, §2(a), Dec. 18, 2014, 128 Stat. 3084.)
Editorial Notes

Prior Provisions
Provisions similar to this section were contained in section 3546 of this title prior to repeal by Pub. L. 113–

283.

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§3557. 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.
(Added Pub. L. 113–283, §2(a), Dec. 18, 2014, 128 Stat. 3084.)
Editorial Notes

Prior Provisions
Provisions similar to this section were contained in sections 3536 and 3547 of this title prior to repeal by

Pub. L. 113–283.

§3558. Effect on existing law
Nothing in this subchapter, section 11331 of title 40, or section 20 of the National Standards 1 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 2 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.
(Added Pub. L. 113–283, §2(a), Dec. 18, 2014, 128 Stat. 3084.)
Editorial Notes

Prior Provisions
Provisions similar to this section were contained in sections 3538 and 3549 of this title prior to repeal by

Pub. L. 113–283.

1 So in original. Probably should be "National Institute of Standards".
2 So in original. Probably should be "chapter".

§3559. Federal websites required to be mobile friendly
(a) In General.—If, on or after the date that is 180 days after the date of the enactment of this section, an agency
creates a website that is intended for use by the public or conducts a redesign of an existing legacy website that is
intended for use by the public, the agency shall ensure to the greatest extent practicable that the website is mobile
friendly.
(b) Definitions.—In this section:
(1) Agency.—The term "agency" has the meaning given that term in section 551 of title 5.
(2) Mobile friendly.—The term "mobile friendly" means, with respect to a website, that the website is configured
in such a way that the website may be navigated, viewed, and accessed on a smartphone, tablet computer, or
similar mobile device.
(Added Pub. L. 115–114, §2(a), Jan. 10, 2018, 131 Stat. 2278.)
Editorial Notes

References in Text
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The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L.

115–114, which was approved Jan. 10, 2018.

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