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44 U.S.C. § 3531 to 3549 — Repealed. Pub. L. 113–283, § 2(a), Dec. 18, 2014, 128 Stat. 3073]

Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 3531 to 3549 — Repealed. Pub. L. 113–283, § 2(a), Dec. 18, 2014, 128 Stat. 3073]

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Stable record: federal_law:legal_authorities:record_usc_c9686551f0c918f8ac45d731
Source file: Laws/federal/codes/united-states-code/title-44/section-3531-to-3549-44-u-s-c-3531-to-3549-repealed-pub-l-113283-2-a-dec-18-2014-128-stat-307--368f5c3e1b.md
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Source location: Title 44, Chapter 35, § 3531 to 3549; chapter-035-coordination-of-federal-information-policy.md

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### Statutory Notes Sections 3531 to 3538 comprised subchapter II of this chapter “INFORMATION SECURITY”. Section 3531, added Pub. L. 107–296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2259, set forth purposes of subchapter II. See [section 3551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3551&num=0&edition=prelim). A prior section 3531, added Pub. L. 106–398, § 1 [[div. A], title X, § 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A–266, set forth purposes of subchapter II prior to the general amendment of subchapter II by Pub. L. 107–296. Section 3532, added Pub. L. 107–296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2260, related to definitions applicable to subchapter II. See [section 3552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3552&num=0&edition=prelim). A prior section 3532, added Pub. L. 106–398, § 1 [[div. A], title X, § 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A–266, related to definitions applicable to subchapter II prior to the general amendment of subchapter II by Pub. L. 107–296. Section 3533, added Pub. L. 107–296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2261, set forth authority and functions of the Director. See [section 3553 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3553&num=0&edition=prelim). A prior section 3533, added Pub. L. 106–398, § 1 [[div. A], title X, § 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A–266, set forth authority and functions of the Director prior to the general amendment of subchapter II by Pub. L. 107–296. Section 3534, added Pub. L. 107–296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2262, related to Federal agency responsibilities. See [section 3554 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3554&num=0&edition=prelim). 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 subchapter II by Pub. L. 107–296. Section 3535, added Pub. L. 107–296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2265; amended Pub. L. 108–177, title III, § 377(e), Dec. 13, 2003, 117 Stat. 2631, related to annual independent evaluation. See [section 3555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3555&num=0&edition=prelim). A prior section 3535, added Pub. L. 106–398, § 1 [[div. A], title X, § 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A–271, related to annual independent evaluation prior to the general amendment of subchapter II by Pub. L. 107–296. Section 3536, added Pub. L. 107–296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2266, described responsibilities for the head of each agency operating or exercising control of a national security system. See [section 3557 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3557&num=0&edition=prelim). A prior section 3536, added Pub. L. 106–398, § 1 [[div. A], title X, § 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A–272; amended Pub. L. 107–314, div. A, title X, § 1052(a), Dec. 2, 2002, 116 Stat. 2648, set forth expiration date of subchapter II prior to the general amendment of subchapter II by Pub. L. 107–296. Section 3537, added Pub. L. 107–296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2267, authorized appropriations for fiscal years 2003 through 2007. Section 3538, added Pub. L. 107–296, title X, § 1001(b)(1), Nov. 25, 2002, 116 Stat. 2267, related to effect on existing law. See [section 3558 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3558&num=0&edition=prelim). Sections 3541 to 3549 comprised subchapter III of this chapter “INFORMATION SECURITY”. Section 3541, added Pub. L. 107–347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2946, set forth purposes of subchapter III. See [section 3551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3551&num=0&edition=prelim). Section 3542, added Pub. L. 107–347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2947, related to definitions applicable to subchapter III. See [section 3552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3552&num=0&edition=prelim). Section 3543, added Pub. L. 107–347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2947, set forth authority and functions of the Director. See [section 3553 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3553&num=0&edition=prelim). Section 3544, added Pub. L. 107–347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2949, related to Federal agency responsibilities. See [section 3554 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3554&num=0&edition=prelim). Section 3545, added Pub. L. 107–347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2952; amended Pub. L. 108–177, title III, § 377(e), Dec. 13, 2003, 117 Stat. 2631, related to annual independent evaluation. See [section 3555 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3555&num=0&edition=prelim). Section 3546, added Pub. L. 107–347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2954, related to Federal information security incident center. See [section 3556 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3556&num=0&edition=prelim). Section 3547, added Pub. L. 107–347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2954, described responsibilities for the head of each agency operating or exercising control of a national security system. See [section 3557 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3557&num=0&edition=prelim). Section 3548, added Pub. L. 107–347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2954, authorized appropriations for fiscal years 2003 through 2007. Section 3549, added Pub. L. 107–347, title III, § 301(b)(1), Dec. 17, 2002, 116 Stat. 2955, related to effect on existing law and provided that subchapter II was not to apply while subchapter III was in effect. See [section 3558 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3558&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 3558 — Effect on existing law

Nothing in this subchapter, [section 11331 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11331&num=0&edition=prelim), or section 20 of the National Standards 11 So in original. Probably should be “National Institute of Standards”. and Technology Act ([15 U.S.C. 278g–3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section278g–3&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552a&num=0&edition=prelim), the disclosure of information under [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim), the management and disposition of records under chapters 22 So in original. Probably should be “chapter”. 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.

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.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 chapter 4 of title 5, 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, eval

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11331&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1326&num=0&edition=prelim), 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 securit

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 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

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 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.

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11331&num=0&edition=prelim); (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section278g–3&num=0&edition=prelim)) 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](https://uscode

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 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.

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