40 USC 11331 - Responsibilities for Federal Information Systems Standards

(a) Definition.—In this section, the term "information security" has the meaning given that term in section 3532(b)(1) of title 44.

(b) Requirement to Prescribe Standards.—

(1) In general.—

(A) Requirement.—Except as provided under paragraph (2), the Director of the Office of Management and Budget shall, on the basis of proposed standards developed by the National Institute of Standards and Technology pursuant to paragraphs (2) and (3) of section 20(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3(a)) and in consultation with the Secretary of Homeland Security, promulgate information security standards pertaining to Federal information systems.

(B) Required standards.—Standards promulgated under subparagraph (A) shall include—

(i) standards that provide minimum information security requirements as determined under section 20(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3(b)); and

(ii) such standards that are otherwise necessary to improve the efficiency of operation or security of Federal information systems.

(C) Required standards binding.—Information security standards described under subparagraph (B) shall be compulsory and binding.

(2) Standards and guidelines for national security systems.—Standards and guidelines for national security systems, as defined under section 3532(3) of title 44, shall be developed, promulgated, enforced, and overseen as otherwise authorized by law and as directed by the President.

(c) Application of More Stringent Standards.—The head of an agency may employ standards for the cost-effective information security for all operations and assets within or under the supervision of that agency that are more stringent than the standards promulgated by the Director under this section, if such standards—

(1) contain, at a minimum, the provisions of those applicable standards made compulsory and binding by the Director; and

(2) are otherwise consistent with policies and guidelines issued under section 3533 of title 44.

(d) Requirements Regarding Decisions by Director.—

(1) Deadline.—The decision regarding the promulgation of any standard by the Director under subsection (b) shall occur not later than 6 months after the submission of the proposed standard to the Director by the National Institute of Standards and Technology, as provided under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3).

(2) Notice and comment.—A decision by the Director to significantly modify, or not promulgate, a proposed standard submitted to the Director by the National Institute of Standards and Technology, as provided under section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3), shall be made after the public is given an opportunity to comment on the Director's proposed decision.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1243; Pub. L. 107–296, title X, §1002(a), Nov. 25, 2002, 116 Stat. 2268; Pub. L. 107–347, title III, §302(a), Dec. 17, 2002, 116 Stat. 2956.)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
11331	40:1441.	Pub. L. 104–106, div. E, title LI, §5131(a)–(d), Feb. 10, 1996, 110 Stat. 687.

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Last modified: October 26, 2015