Fisma 2014

PUBLIC LAW 113–283—DEC. 18, 2014

128 STAT. 3073

Public Law 113–283
113th Congress
An Act
To amend chapter 35 of title 44, United States Code, to provide for reform to
Federal information security.

Dec. 18, 2014
[S. 2521]

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Federal Information Security
Modernization Act of 2014’’.

Federal
Information
Security
Modernization
Act of 2014.
44 USC 101 note.

SEC. 2. FISMA REFORM.

(a) IN GENERAL.—Chapter 35 of title 44, United States Code,
is amended by striking subchapters II and III and inserting the
following:

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‘‘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

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44 USC
prec. 3531,
3531–3538, 3541
prec., 3541–3549.
44 USC
prec. 3551.
44 USC 3551.

PUBL283

128 STAT. 3074

PUBLIC LAW 113–283—DEC. 18, 2014
left to individual agencies from among commercially developed
products.

44 USC 3552.

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Applicability.

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‘‘§ 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

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PUBLIC LAW 113–283—DEC. 18, 2014

128 STAT. 3075

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‘‘(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.
‘‘§ 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, 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—

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44 USC 3553.

Consultation.

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128 STAT. 3076

Consultation.

Consultation.

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Consultation.

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PUBLIC LAW 113–283—DEC. 18, 2014

‘‘(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 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; and
‘‘(7) 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),

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PUBLIC LAW 113–283—DEC. 18, 2014

128 STAT. 3077

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.
‘‘(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.
‘‘(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.
‘‘(g) EXERCISE OF AUTHORITY.—To ensure fiscal and policy
consistency, the Secretary shall exercise the authority under this

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Assessment.
Assessment.

Delegated
authority.

Consultation.

President.
Coordination.

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128 STAT. 3078

PUBLIC LAW 113–283—DEC. 18, 2014

section subject to direction by the President, in coordination with
the Director.
44 USC 3554.

President.

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Delegated
authority.

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‘‘§ 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 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;
and
‘‘(iv) information security standards and guidelines
for national security systems issued in accordance with
law and as directed by the President; 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;

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PUBLIC LAW 113–283—DEC. 18, 2014

128 STAT. 3079

‘‘(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;
‘‘(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

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Coordination.
Reports.
Deadline.

Risk
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Procedures.

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128 STAT. 3080

‘‘(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);
‘‘(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)—

President.

Evaluation.

Procedures.

Notification.
Consultation.

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President.

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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

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Deadline.

President.
Plans.
Procedures.

Risk
assessments.
Deadline.

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Consultation.

Consultation.

42 USC 3555.

Testing.

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Assessment.

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PUBLIC LAW 113–283—DEC. 18, 2014

‘‘(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.
‘‘§ 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

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128 STAT. 3083

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 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.

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Assessment.

Evaluations.

Evaluation.
Reports.

Testing.

Consultation.

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128 STAT. 3084
44 USC 3556.

Analysis.

Consultation.
President.

44 USC 3557.

President.

Compliance.

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44 USC 3558.

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PUBLIC LAW 113–283—DEC. 18, 2014

‘‘§ 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.
‘‘§ 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.
‘‘§ 3558. Effect on existing law
‘‘Nothing in this subchapter, section 11331 of title 40, or section
20 of the National Standards 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 29, 31, or 33 of title 44, the management
of information resources under subchapter I of chapter 35 of this

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PUBLIC LAW 113–283—DEC. 18, 2014

128 STAT. 3085

title, or the disclosure of information to the Congress or the Comptroller General of the United States.’’.
(b) MAJOR INCIDENT.—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.
(c) CONTINUOUS DIAGNOSTICS.—During the 2 year period beginning on the date of enactment of this Act, the Director of the
Office of Management and Budget, with the assistance of the Secretary of Homeland Security, shall include in each report submitted
under section 3553(c) of title 44, United States Code, as added
by subsection (a), an assessment of the adoption by agencies of
continuous diagnostics technologies, including through the Continuous Diagnostics and Mitigation program, and other advanced security tools to provide information security, including challenges to
the adoption of such technologies or security tools.
(d) BREACHES.—
(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

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44 USC 3554
note.
Guidance.

Briefings.
Deadline.
Time period.
Assessment.

44 USC 3553
note.
Notification.

Deadline.

Estimate.
Risk assessment.

Estimate.

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128 STAT. 3086

PUBLIC LAW 113–283—DEC. 18, 2014
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, 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.
(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.
(e) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) TABLE OF SECTIONS.—The table of sections for chapter
35 of title 44, United States Code is amended by striking
the matter relating to subchapters II and III and inserting
the following:

Time period.
Effective date.

Assessment.

Notification.

44 USC
prec. 3501.

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‘‘3551.
‘‘3552.
‘‘3553.
‘‘3554.
‘‘3555.
‘‘3556.
‘‘3557.
‘‘3558.

‘‘SUBCHAPTER II—INFORMATION SECURITY
Purposes.
Definitions.
Authority and functions of the Director and the Secretary.
Federal agency responsibilities.
Annual independent evaluation.
Federal information security incident center.
National security systems.
Effect on existing law.’’.

(2) CYBERSECURITY RESEARCH AND DEVELOPMENT ACT.—
Section 8(d)(1) of the Cybersecurity Research and Development
Act (15 U.S.C. 7406) is amended by striking ‘‘section 3534’’
and inserting ‘‘section 3554’’.
(3) HOMELAND SECURITY ACT OF 2002.—The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended—
(A) in section 223 (6 U.S.C. 143)
(i) in the section heading, by inserting ‘‘FEDERAL
AND’’ before ‘‘NON-FEDERAL’’;
(ii) in the matter preceding paragraph (1), by
striking ‘‘the Under Secretary for Intelligence and
Analysis, in cooperation with the Assistant Secretary
for Infrastructure Protection’’ and inserting ‘‘the Under
Secretary appointed under section 103(a)(1)(H)’’;

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PUBLIC LAW 113–283—DEC. 18, 2014

128 STAT. 3087

(iii) in paragraph (2), by striking the period at
the end and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(3) fulfill the responsibilities of the Secretary to protect
Federal information systems under subchapter II of chapter
35 of title 44, United States Code.’’;
(B) in section 1001(c)(1)(A) (6 U.S.C. 511(c)(1)(A)), by
striking ‘‘section 3532(3)’’ and inserting ‘‘section 3552(b)(5)’’;
and
(C) in the table of contents in section 1(b), by striking
the item relating to section 223 and inserting the following:
‘‘Sec. 223. Enhancement of Federal and non-Federal cybersecurity.’’.

(4) NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
ACT.—Section 20 of the National Institute of Standards and

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Technology Act (15 U.S.C. 278g–3) is amended—
(A) in subsection (a)(2), by striking ‘‘section 3532(b)(2)’’
and inserting ‘‘section 3552(b)(5)’’; and
(B) in subsection (e)—
(i) in paragraph (2), by striking ‘‘section 3532(1)’’
and inserting ‘‘section 3552(b)(2)’’; and
(ii) in paragraph (5), by striking ‘‘section
3532(b)(2)’’ and inserting ‘‘section 3552(b)(5)’’.
(5) TITLE 10.—Title 10, United States Code, is amended—
(A) in section 2222(j)(5), by striking ‘‘section 3542(b)(2)’’
and inserting ‘‘section 3552(b)(5)’’;
(B) in section 2223(c)(3), by striking ‘‘section 3542(b)(2)’’
and inserting ‘‘section 3552(b)(5)’’; and
(C) in section 2315, by striking ‘‘section 3542(b)(2)’’
and inserting ‘‘section 3552(b)(5)’’.
(f) OTHER PROVISIONS.—
(1) CIRCULAR A–130.—Not later than 1 year after the date
of enactment of this Act, the Director of the Office of Management and Budget shall amend or revise Office of Management
and Budget Circular A–130 to eliminate inefficient or wasteful
reporting. The Director of the Office of Management and Budget
shall provide quarterly briefings to Congress on the status
of the amendment or revision required under this paragraph.
(2) ISPAB.—Section 21(b) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g–4(b)) is
amended—
(A) in paragraph (2), by inserting ‘‘, the Secretary
of Homeland Security,’’ after ‘‘the Institute’’; and

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10 USC 2222.

Reports.
Deadline.

Deadline.
Briefings.

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128 STAT. 3088

PUBLIC LAW 113–283—DEC. 18, 2014
(B) in paragraph (3), by inserting ‘‘the Secretary of
Homeland Security,’’ after ‘‘the Secretary of Commerce,’’.

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Approved December 18, 2014.

LEGISLATIVE HISTORY—S. 2521:
SENATE REPORTS: No. 113–256 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 160 (2014):
Dec. 8, considered and passed Senate.
Dec. 10, considered and passed House.

Æ

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