§3553. Authority and functions of the Director and the Secretary
(a)
(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)
(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developed by the Director under subsection (a)(1) and the requirements of this subchapter, which may be revised or repealed by the Director if the operational directives issued on behalf of the Director are not in accordance with policies, principles, standards, and guidelines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;
(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)
(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)
(e)
(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)
(1)
(2)
(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.
(3)
(g)
(h)
(1)
(A)
(B)
(2)
(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)
(A)
(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)
(C)
(4)
(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)
(j)
(k)
(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)
(1)
(2)
(Added
Editorial Notes
References in Text
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
The Homeland Security Act of 2002, referred to in subsec. (l)(1), is
Prior Provisions
Provisions similar to this section were contained in sections 3533 and 3543 of this title prior to repeal by
Amendments
2021-Subsec. (b)(7) to (9).
Subsec. (l).
2019-Subsecs. (j), (k).
2018-Subsec. (a)(5).
2015-Subsec. (b)(6)(B).
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. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 2018 Amendment
Amendment by
Construction
No TikTok on Government Devices
"SEC. 101. SHORT TITLE.
"This division may be cited as the 'No TikTok on Government Devices Act'.
"SEC. 102. PROHIBITION ON THE USE OF TIKTOK.
"(a)
"(1) the term 'covered application' means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited;
"(2) the term 'executive agency' has the meaning given that term in section 133 of title 41, United States Code; and
"(3) the term 'information technology' has the meaning given that term in section 11101 of title 40, United States Code.
"(b)
"(1)
"(2)
"(A) exceptions for law enforcement activities, national security interests and activities, and security researchers; and
"(B) for any authorized use of a covered application under an exception, requirements for executive agencies to develop and document risk mitigation actions for such use."
Breaches
"(1)
"(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)
"(3)
"(A)
"(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.
"(B)
"(4)
"(5)
Similar provisions were contained in