COMPUTER SECURITY ACT OF 1987
Public Law 100-235 (H.R. 145)
January 8, 1988
SECTION 1. SHORT TITLE
The Act may be cited as the "Computer Security Act of 1987".
SEC. 2 PURPOSE
(a) IN GENERAL.-The Congress declares that improving the security
and privacy of sensitive information in Federal computer systems is
in the public interest, and hereby creates a means for establishing
minimum acceptable security practices for such systems, without
limiting the scope of security measures already planned or in use.
(b) SPECIFIC PURPOSES.-The purposes of this Act are--
(1) by amending the Act of March 3, 1901, to assign to the
National Bureau of Standards responsibility for developing standards
and guidelines for Federal computer systems, including responsibility
for developing standards and guidelines needed to assure the
cost-effective security and privacy of sensitive information in
Federal computer systems, drawing on the technical advice and
assistance (including work products) of the National Security Agency,
where appropriate;
(2) to provide for promulgation of such standards and guidelines
by amending section 111(d) of the Federal Property and Administrative
Services Act of 1949;
(3) to require establishment of security plans by all operators
of Federal computer systems that contain sensitive information; and
(4) to require mandatory periodic training for all persons
involved in management, use, or operation of Federal computer systems
that contain sensitive information.
SEC. 3. ESTABLISHMENT OF COMPUTER STANDARDS PROGRAM.
The Act of March 3, 1901, (15 U.S.C. 271-278h), is amended--
(1) in section 2(f), by striking out "and" at the end of
paragraph (18), by striking out the period at the end of paragraph
(19) and inserting in lieu thereof: "; and", and by inserting after
such paragraph the following:
"(20) the study of computer systems (as that term is defined in
section 20(d) of this Act) and their use to control machinery and
processes.";
(2) by redesignating section 20 as section 22, and by inserting
after section 19 the following new sections: "SEC. 20. (a) The
National Bureau of Standards shall--
"(1) have the mission of developing standards, guidelines, and
associated methods and techniques for computer systems;
"(2) except as described in paragraph (3) of this subsection
(relating to security standards), develop uniform standards and
guidelines for Federal computer systems, except those systems
excluded by section 2315 of title 10, United States Code, or section
3502(2) of title 44, United States Code.
"(3) have responsibility within the Federal Government for
developing technical, management, physical, and administrative
standards and guidelines for the cost-effective security and privacy
of sensitive information in Federal computer systems except--
"(A) those systems excluded by section 2315 of title 10,
United States Code, or section 3502(2) of title 44, United States
Code; and
"(B) those systems which are protected at all times by
procedures established for information which has been specifically
authorized under criteria established by an Executive Order or an Act
of Congress to be kept secret in the interest of national defense or
foreign policy,
The primary purpose of which standards and guidelines shall
be to control loss and unauthorized modification or disclosure of
sensitive information in such systems and to prevent computer-related
fraud and misuse;
"(4) submit standards and guidelines developed pursuant to
paragraphs (2) and (3) of this subsection, along with recommendations
as to the extent to which these should be made compulsory and
binding, to the Secretary of Commerce for promulgation under section
111(d) of the Federal Property and Administrative Services Act of
1949;
"(5) develop guidelines for use by operators of Federal computer
systems that contain sensitive information in training their
employees in security awareness and accepted security practice, as
required by section 5 of the Computer Security Act of 1987; and
"(6) develop validation procedures for, and evaluate the
effectiveness of, standards and guidelines developed pursuant to
paragraphs (1), (2), and (3) of this subsection through research and
liaison with other government and private agencies.
"(b) In fulfilling subsection (a) of this section, the National
Bureau of Standards is authorized--
"(1) to assist the private sector, upon request, in using and
applying the results of the programs and activities under this
section;
"(2) to make recommendations, as appropriate, to the
Administrator of General Services on policies and regulations
proposed pursuant to section 111(d) of the Federal Property and
Administrative Services Act of 1949;
"(3) as requested, to provide to operators of Federal computer
systems technical assistance in implementing the standards and
guidelines promulgated pursuant to section 111(d) of the Federal
Property and Administrative Services Act of 1949;
"(4) to assist, as appropriate, the Office of Personnel
Management in developing regulations pertaining to training, as
required by section 5 of the Computer Security Act of 1987;
"(5) to perform research and to conduct studies, as needed, to
determine the nature and extent of the vulnerabilities of, and to
devise techniques for the cost effective security and privacy of
sensitive information in Federal computer systems; and
"(6) to coordinate closely with other agencies and offices
(including, but not limited to, the Departments of Defense and
Energy, the National Security Agency, the General Accounting Office,
the Office of Technology Assessment, and the Office of Management and
Budget)--
"(A) to assure maximum use of all existing and planned
programs, materials, studies, and reports relating to computer
systems security and privacy, in order to avoid unnecessary and
costly duplication of effort; and
"(B) to assure, to the maximum extent feasible, that
standards developed pursuant to subsection (a) (3) and (5) are
consistent and compatible with standards and procedures developed for
the protection of information in Federal computer systems which is
authorized under criteria established by Executive order or an Act of
Congress to be kept secret in the interest of national defense or
foreign policy.
"(c) For the purposes of--
"(1) developing standards and guidelines for the protection of
sensitive information in Federal computer systems under subsections
(a)(1) and (a)(3), and
"(2) performing research and conducting studies under subsection
(b)(5), the National Bureau of Standards shall draw upon computer
system technical security guidelines developed by the National
Security Agency to the extent that the National Bureau of Standards
determines that such guidelines are consistent with the requirements
for protecting sensitive information in Federal computer systems.
"(d) As used in this section--
"(1) the term computer system'--
"A) means any equipment or interconnected system or
subsystems of equipment that is used in the automatic acquisition,
storage, manipulation, management, movement, control, display,
switching, interchange, transmission, or reception, of data or
information; and
"(B) includes--
"(i) computers;
"(ii) ancillary equipment;
"(iii) software, firmware, and similar procedures;
"(iv) services, including support services; and
"(v) related resources as defined by regulations
issued by the Administrator for General Services pursuant to section
111 of the Federal Property and Administrative Services Act of 1949;
"(2) the term 'Federal computer system'--
"(A) means a computer system operated by a Federal agency
or by a contractor of a Federal agency or other organization that
processes information (using a computer system) on behalf of the
Federal Government to accomplish a Federal function; and
"(B) includes automatic data processing equipment as that
term is defined in section 111(a)(2) of the Federal Property and
Administrative Services Act of 1949;
"(3) the term 'operator of a Federal computer system'
means a Federal agency, contractor of a Federal agency, or other
organization that processes information using a computer system on
behalf of the Federal Government to accomplish a Federal function;
"(4) the term 'sensitive information' means any
information, the loss, misuse, or unauthorized access to or
modification of which could adversely affect the national interest or
the conduct of Federal programs, or the privacy to which individuals
are entitled under section 552a of title 5, United States Code
(the Privacy Act), but which has not been specifically authorized
under criteria established by an Executive order or an Act of
Congress to be kept secret in the interest of national defense or
foreign policy; and
"(5) the term 'Federal agency' has the meaning given such
term by section 3(b) of the Federal Property and Administrative
Services Act of 1949.
"SEC. 21. (a) There is hereby established a Computer System
Security and Privacy Advisory Board within the Department of
Commerce. The Secretary of Commerce shall appoint the chairman of
the Board. The Board shall be composed of twelve additional members
appointed by the Secretary of Commerce as follows:
"(1) four members from outside the Federal Government who
are eminent in the computer or telecommunications industry, at lease
one of whom is representative of small or medium sized companies in
such industries;
"(2) four members from outside the Federal Government who
are eminent in the fields of computer or telecommunications
technology, or related disciplines, but who are not employed by or
representative of a producer of computer or telecommunications
equipment; and
"(3) four members from the Federal Government who have
computer systems management experience, including experience in
computer systems security and privacy, at least one of whom shall be
from the National Security Agency.
"(b) The duties of the Board shall be--
"(1) to identify emerging managerial, technical,
administrative, and physical safeguard issues relative to computer
systems security and privacy;
"(2) to advise the Bureau of Standards and the Secretary of
Commerce on security and privacy issues pertaining to Federal
computer systems; and
"(3) to report its findings to the Secretary of Commerce,
the Director of the Office of Management and Budget, the Director of
the National Security Agency, and the appropriate Committees of the
Congress.
"(c) The term of office of each member of the Board shall be four
years, except that--
"(1) of the initial members, three shall be appointed for
terms of one year, three shall be appointed for terms of two years,
three shall be appointed for terms of three years, and three shall be
appointed for terms of four years; and
"(2) any member appointed to fill a vacancy in the Board
shall serve for the remainder of the term for which his predecessor
was appointed.
"(d) The Board shall not act in the absence of a quorum, which
shall consist of seven members.
"(e) Members of the Board, other than full-time employees of the
Federal Government while attending meetings of such committees or
while otherwise performing duties at the request of the Board
Chairman while away from their homes or a regular place of business,
may be allowed travel expenses in accordance with subchapter I of
chapter 57 of title 5, United States Code.
"(f) To provide the staff services necessary to assist the Board in
carrying out its functions, the Board may utilize personnel from the
National Bureau of Standards or any other agency of the Federal
Government with the consent of the head of the agency.
"(g) As used in this section, the terms 'computer system' and
'Federal computer system' have the meanings given in section 20(d) of
this Act."; and
"(3) by adding at the end thereof the following new section:
"SEC. 23. This Act may be cited as the National Bureau of
Standards Act."
SEC. 4 AMENDMENT TO BROOKS ACT.
Section 111(d) of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 759(d)) is amended to read as follows:
"(d)(1) The Secretary of Commerce shall, on the basis of standards
and guidelines developed by the National Bureau of Standards pursuant
to section 20(a) (2) and (3) of the National Bureau of Standards Act,
promulgate standards and guidelines pertaining to Federal computer
systems, making such standards compulsory and binding to the extent
to which the Secretary determines necessary to improve the efficiency
of operation or security and privacy of Federal computer systems.
The President may disapprove or modify such standards and guidelines
if he determines such action to be in the public interest. The
President's authority to disapprove or modify such standards and
guidelines may not be delegated. Notice of such disapproval or
modification shall be submitted promptly to the Committee on
Government Operations of the House of Representatives and the
Committee on Governmental Affairs of the Senate and shall be
published promptly in the Federal Register. Upon receiving notice of
such disapproval or modification, the Secretary of Commerce shall
immediately rescind or modify such standards or guidelines as
directed by the President.
"(2) The head of a Federal agency may employ standards for the cost
effective security and privacy of sensitive information in a Federal
computer system within or under the supervision of that agency that
ar more stringent than the standards promulgated by the Secretary of
Commerce, if such standards contain, at a minimum, the provisions of
those applicable standards made compulsory and binding by the
Secretary of Commerce.
"(3) The standards determined to be compulsory and binding may be
waived by the Secretary of Commerce in writing upon a determination
that compliance would adversely affect the accomplishment of the
mission of an operator of a Federal computer system, or cause a major
adverse financial impact on the operator which is not offset by
government-wide savings. The Secretary may delegate to the head of
one or more Federal agencies authority to waive such standards to the
extent to which the Secretary determines such action to be necessary
and desirable to allow for timely and effect implementation of
Federal computer systems standards. The head of such agency may
redelegate such authority only to a senior official designated
pursuant to section 3506(b) of title 44, United States Code. Notice
of each such waiver and delegation shall be transmitted promptly to
the Committee on Government Operations of the House of
Representatives and the Committee on Governmental Affairs of the
Senate and shall be published promptly in the Federal Register.
"(4) The Administrator shall revise the Federal information
resources management regulations (41 CFR ch. 201) to be consistent
with the standards and guidelines promulgated by the Secretary of
Commerce under this subsection.
"(5) As used in this subsection, the terms 'Federal computer
system' and 'operator of a Federal computer system' have the meanings
given in section 20(d) of the National Bureau of Standards Act.".
SEC. 5. FEDERAL COMPUTER SYSTEM SECURITY TRAINING.
(a) In General.--Each Federal agency shall provide for the
mandatory periodic training in computer security awareness and
accepted computer security practice of all employees who are involved
with the management, use, or operation of each Federal computer
system within or under the supervision of that agency. Such training
shall be--
(1) provided in accordance with the guidelines developed
pursuant to section 20(a)(5) of the National Bureau of Standards Act
(as added by section 3 of this Act), and in accordance with the
regulations issued under subsection (c) of this section for Federal
civilian employees; or
(2) provided by an alternative training program approved by
the head of that agency on the basis of a determination that the
alternative training program is at least as effective in
accomplishing the objectives of such guidelines and regulations.
(b) TRAINING OBJECTIVES.--Training under this section shall be
started within 60 days after the issuance of the regulations
described in subsection (c). Such training shall be designed--
(1) to enhance employees' awareness of the threats to and
vulnerability of computer systems; and
(2) to encourage the use of improved computer security
practices.
(c) REGULATIONS.--Within six months after the date of the enactment
of this Act, the Director of the Office of Personnel Management shall
issue regulations prescribing the procedures and scope of the
training to be provided Federal civilian employees under subsection
(a) and the manner in which such training is to be carried out.
SEC. 6. ADDITIONAL RESPONSIBILITIES FOR COMPUTER SYSTEMS SECURITY
AND PRIVACY.
(a) IDENTIFICATION OF SYSTEMS THAT CONTAIN SENSITIVE INFORMATION-
Within 6 months after the date of enactment of this Act, each Federal
agency shall identify each Federal computer system, and system under
development, which is within or under the supervision of that agency
and which contains sensitive information.
(b) SECURITY PLAN.--Within one year after the date of enactment of
this Act, each such agency shall, consistent with the standards,
guidelines, policies, and regulations prescribed pursuant to section
111(d) of the Federal Property and Administrative Services Act of
1949, establish a plan for the security and privacy of each Federal
computer system identified by that agency pursuant to subsection (a)
that is commensurate with the risk and magnitude or the harm
resulting from the loss, misuse, or unauthorized access to or
modification of the information contained in such system. Copies of
each such plan shall be transmitted to the National Bureau of
Standards and the National Security Agency for advice and comment. A
summary of such plan shall be included in the agency's five-year plan
required by section 3505 of title 44, United States Code. Such plan
shall be subject to disapproval by the Director of the Office of
Management and Budget. Such plan shall be revised annually as
necessary.
SEC. 7. DEFINITIONS.
As used in this Act, the terms "computer system", "Federal computer
system", "operator of a Federal computer system", "sensitive
information", and "Federal agency" have the meanings given in section
20(d) of the National Bureau of Standards Act (as added by section 3
of this Act).
SEC. 8. RULES OF CONSTRUCTION OF ACT.
Nothing in this Act, or in any amendment made by this Act, shall be
construed--
(1) to constitute authority to withhold information sought
pursuant to section 552 of title 5, United States Code; or
(2) to authorize any Federal agency to limit, restrict,
regulate, or control the collection, maintenance, disclosure, use,
transfer, or sale of any information (regardless of the medium in
which the information may be maintained) that is--
(A) privately-owned information;
(B) disclosable under section 552 of title 5, United
States Code, or other law requiring or authorizing the public
disclosure of information; or
(C) public domain information.