Page:United States Statutes at Large Volume 116 Part 4.djvu/525

 PUBLIC LAW 107-347—DEC. 17, 2002 116 STAT. 2953 "(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 (made on the basis of the results of the testing) of compliance with— "(i) the requirements of this subchapter; and "(ii) related information security policies, procedures, standards, and guidelines; 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 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 Deadline. 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 eveiluation 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 3543(a)(8). "(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 Central

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