44 U.S. Code § 3534 - Federal agency responsibilities
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(a) 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—
(B) complying with the requirements of this subchapter and related policies, procedures, standards, and guidelines, including—
(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
(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—
(ii) possess professional qualifications, including training and experience, required to administer the functions described under 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 3533 of this title, and section 11331 of title 40;
(D) training and overseeing personnel with significant responsibilities for information security with respect to such responsibilities; and
(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; and
(b) Each agency shall develop, document, and implement an agencywide information security program, approved by the Director under section 3533 (a)(5), 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;
(2) policies and procedures that—
(C) ensure that information security is addressed throughout the life cycle of each agency information system; and
(D) ensure compliance with—
(ii) policies and procedures as may be prescribed by the Director, and information security standards promulgated under section 11331 of title 40;
(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—
(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); and
(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, including—
(B) notifying and consulting with, as appropriate—
(ii) an office designated by the President for any incident involving a national security system; and
(c) Each agency shall—
(1) report annually to the Director, the Committees on Government Reform and Science of the House of Representatives, the Committees on Governmental Affairs and Commerce, Science, and Transportation of the Senate, the appropriate authorization and appropriations committees of Congress, and the Comptroller General 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);
(2) address the adequacy and effectiveness of information security policies, procedures, and practices in plans and reports relating to—
(B) information resources management under subchapter 1  of this chapter;
(C) information technology management under subtitle III of title 40;
(D) program performance under sections 1105 and 1115 through 1119 of title 31, and sections 2801 and 2805 of title 39;
(E) 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);
(F) financial management systems under the Federal Financial Management Improvement Act (31 U.S.C. 3512 note); and
(3) report any significant deficiency in a policy, procedure, or practice identified under paragraph (1) or (2)—
(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—
that are necessary to implement the program required under subsection (b).
(e) 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.
 So in original. Probably should be “an”.
 So in original. Probably should be “I”.
 So in original. The comma probably should not appear.
Source(Added Pub. L. 107–296, title X, § 1001(b)(1),Nov. 25, 2002, 116 Stat. 2262.)
Applicability of Section
This section not to apply while subchapter III of this chapter is in effect, see section 3549 of this title.
References in Text
The Chief Financial Officers Act of 1990, referred to in subsec. (c)(2)(E), is Pub. L. 101–576, Nov. 15, 1990, 104 Stat. 2838. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 501 of Title 31, Money and Finance, and Tables.
The Federal Financial Management Improvement Act, referred to in subsec. (c)(2)(F), (3)(B), probably means the Federal Financial Management Improvement Act of 1996, Pub. L. 104–208, div. A, title I, § 101(f) [title VIII], Sept. 30, 1996, 110 Stat. 3009–314, 3009–389, which is set out as a note under section 3512 of Title 31, Money and Finance. For complete classification of this Act to the Code, see Tables.
A prior section 3534, added Pub. L. 106–398, § 1 [[div. A], title X, § 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A–268, related to Federal agency responsibilities prior to the general amendment of this subchapter by Pub. L. 107–296.
Change of Name
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives and Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
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