Title 6 — Domestic Security
Chapter 6 — Cybersecurity
§ 1523. Federal cybersecurity requirements
Statutory text
Implementation of Federal cybersecurity standards
Consistent with section 3553 of title 44, the Secretary, in consultation with the Director, shall exercise the authority to issue binding operational directives to assist the Director in ensuring timely agency adoption of and compliance with policies and standards promulgated under section 11331 of title 40 1 for securing agency information systems.
Cybersecurity requirements at agencies
In general
Consistent with policies, standards, guidelines, and directives on information security under subchapter II of chapter 35 of title 44 and the standards and guidelines promulgated under section 11331 of title 40 and except as provided in paragraph (2), not later than 1 year after , the head of each agency shall—
identify sensitive and mission critical data stored by the agency consistent with the inventory required under the first subsection (c) (relating to the inventory of major information systems) and the second subsection (c) (relating to the inventory of information systems) of section 3505 of title 44;
assess access controls to the data described in subparagraph (A), the need for readily accessible storage of the data, and individuals’ need to access the data;
encrypt or otherwise render indecipherable to unauthorized users the data described in subparagraph (A) that is stored on or transiting agency information systems;
implement a single sign-on trusted identity platform for individuals accessing each public website of the agency that requires user authentication, as developed by the Administrator of General Services in collaboration with the Secretary; and
implement identity management consistent with section 7464 of title 15, including multi-factor authentication, for—
remote access to an agency information system; and
each user account with elevated privileges on an agency information system.
Exception
The requirements under paragraph (1) shall not apply to an agency information system for which—
the head of the agency has personally certified to the Director with particularity that—
operational requirements articulated in the certification and related to the agency information system would make it excessively burdensome to implement the cybersecurity requirement;
the cybersecurity requirement is not necessary to secure the agency information system or agency information stored on or transiting it; and
the agency has taken all necessary steps to secure the agency information system and agency information stored on or transiting it; and
the head of the agency or the designee of the head of the agency has submitted the certification described in subparagraph (A) to the appropriate congressional committees and the agency’s authorizing committees.
Construction
Nothing in this section shall be construed to alter the authority of the Secretary, the Director, or the Director of the National Institute of Standards and Technology in implementing subchapter II of chapter 35 of title 44. Nothing in this section shall be construed to affect the National Institute of Standards and Technology standards process or the requirement under section 3553(a)(4) of such title or to discourage continued improvements and advancements in the technology, standards, policies, and guidelines used to promote Federal information security.
Exception
The requirements under this section shall not apply to the Department of Defense, a national security system, or an element of the intelligence community.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Department of Health and Human Services Appropriations Act, 2016
Pub. L. 114–113 div. N title II § 225 · 129 Stat. 2242
Enacted · 6 U.S.C. § 1523
(Pub. L. 114–113, div. N, title II, § 225, Dec. 18, 2015, 129 Stat. 2967.)
Source evidence
Code source credit
(Pub. L. 114–113, div. N, title II, § 225, Dec. 18, 2015, 129 Stat. 2967.)Enacted provision · exact public law section
Sec. 225. None of the funds made available by this Act from the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other accounts funded by this Act to the “Centers for Medicare and Medicaid Services—Program Management” account, may be used for payments under section 1342(b)(1) of Public Law 111–148 (relating to risk corridors).
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The text of section 11331 of title 40, referred to in subsec. (a), was generally amended by Pub. L. 117–167, div. B, title II, § 10246(f), , 136 Stat. 1492, so as to provide for the prescription by the Secretary of Commerce of standards and guidelines pertaining to Federal information systems.
Credits
(Pub. L. 114–113, div. N, title II, § 225, , 129 Stat. 2967.)