1 August 2006
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[Federal Register: August 1, 2006 (Volume 71, Number 147)]
[Proposed Rules]
[Page 43408-43410]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01au06-25]
[[Page 43408]]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1804 and 1852
RIN: 2700-AD26
Security Requirements for Unclassified Information Technology
(IT) Resources
AGENCY: National Aeronautics and Space Administration.
ACTION: Proposed rule.
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SUMMARY: NASA is proposing to amend the clause at NASA FAR Supplement
(NFS) 1852.204-76, Security Requirements for Unclassified Information
Technology Resources, to reflect the updated requirements of NASA
Procedural Requirements (NPR) 2810, ``Security of Information
Technology''. The NPR was recently revised to address increasing cyber
threats and to ensure consistency with the Federal Information Security
Management Act (FISMA), which requires agencies to protect information
and information systems in a manner that is commensurate with the
sensitivity of the information processed, transmitted, or stored.
DATES: Comments should be submitted on or before October 2, 2006.
ADDRESSES: Interested parties may submit comments, identified by RIN
number 2700-AD26, via the Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Comments may also be submitted to Ken Stepka, NASA Headquarters, Office
of Procurement, Analysis Division, Washington, DC 20546. Comments may
also be submitted by e-mail to Ken.stepka@nasa.gov.
FOR FURTHER INFORMATION CONTACT: Ken Stepka, Office of Procurement,
Analysis Division, (202) 358-0492, e-mail: ken.stepka@nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
NASA's current contract requirements for IT Security are defined in
the clause at NFS 1852.204-76, Security Requirements for Unclassified
Information Technology Resources. In order to comply with the
Government-wide requirements of FISMA, the proposed revision to
1852.204-76 incorporates several new requirements, including--
Expanded requirements for IT Security Plans to include a
Risk Assessment and a FIPS 199 Assessment;
Added requirements for a Contingency Plan; and
Change of the physical security requirement from a
National Agency Check to a National Agency Check with Inquiries.
The revised clause is applicable to all NASA contracts that require
contractors to: (1) Have physical or electronic access to NASA's
computer systems, networks, or IT infrastructure; or (2) use
information systems to generate, store, or exchange data with NASA or
on behalf of NASA, regardless of whether the data resides on a NASA or
a contractor's information system.
The text at NFS 1804.470 is also proposed to be revised consistent
with the revised clause.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
This proposed rule is not expected to have a significant economic
impact on a substantial number of small entities with the meaning of
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., because the
proposed rule summarizes the existing Government-wide IT security
requirements mandated by, and related to, FISMA.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 96-511) does not apply because
the Office of Management and Budget (OMB) has determined that the
proposed changes to the NFS do not impose information collection
requirements that require the approval of OMB under 44 U.S.C. 3501, et
seq.
List of Subjects in 48 CFR Parts 1804 and 1852
Government procurement.
Tom Luedtke,
Assistant Administrator for Procurement.
Accordingly, 48 CFR parts 1804 and 1852 are proposed to be amended
as follows:
1. The authority citation for 48 CFR parts 1804 and 1852 continues
to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1804--ADMINISTRATIVE MATTERS
2. Revise sections 1804.470, 1804.470-1, 1804.470-2, 1804.470-3,
and 1804.470-4 to read as follows:
Sec. 1804.470 Security requirements for unclassified information
technology (IT) resources.
Sec. 1804.470-1 Scope.
This section implements NASA's acquisition requirements pertaining
to Federal policies for the security of unclassified information and
information systems. Federal policies include the Federal Information
System Management Act (FISMA) of 2002, Homeland Security Presidential
Directive (HSPD) 12, Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et
seq.), Public Law 106-398, section 1061, Government Information
Security Reform, OMB Circular A-130, Management of Federal Information
Resources, and the National Institute of Standards and Technology
(NIST) security requirements and standards. These requirements
safeguard IT services provided to NASA such as the management,
operation, maintenance, development, and administration of hardware,
software, firmware, computer systems, networks, and telecommunications
systems.
Sec. 1804.470-2 Policy.
NASA IT security policies and procedures for unclassified
information and IT are prescribed in NASA Policy Directive (NPD) 2810,
Security of Information Technology; NASA Procedural Requirements (NPR)
2810, Security of Information Technology; and interim policy updates in
the form of NASA Information Technology Requirements (NITR). IT
services must be performed in accordance with these policies and
procedures.
Sec. 1804.470-3 IT Security Requirements.
These IT security requirements cover all NASA contracts in which IT
plays a role in the provisioning of services or products (e.g.,
research and development, engineering, manufacturing, IT outsourcing,
human resources, and finance) that support NASA in meeting its
institutional and mission objectives. These requirements are applicable
where a contractor or subcontractor must obtain physical or electronic
(i.e., authentication level 2 and above as defined in NIST Special
Publication 800-63, Electronic Authentication Guideline) access to
NASA's computer systems, networks, or IT infrastructure. These
requirements are also applicable in cases where information categorized
as low, moderate, or high by the Federal Information Processing
Standards (FIPS) 199, Standards for Security Categorization of Federal
Information and Information Systems, is stored, generated, or exchanged
by NASA or on behalf of NASA by a contractor or
[[Page 43409]]
subcontractor, regardless of whether the information resides on a NASA
or a contractor/subcontractor's information system.
Sec. 1804.470-4 Contract clause.
(a) Insert the clause at 1852.204-76, Security Requirements for
Unclassified Information Technology Resources, in all solicitations and
contracts when contract performance requires contractors to:
(1) Have physical or electronic access to NASA's computer systems,
networks, or IT infrastructure; or
(2) Use information systems to generate, store, or exchange data
with NASA or on behalf of NASA, regardless of whether the data resides
on a NASA or a contractor's information system.
(b) Paragraph (d) of the clause allows contracting officers to
waive the requirements of paragraphs (b) and (c)(1) through (3) of the
clause. Contracting officers must obtain the approval of the:
(1) Center IT Security Manager before granting any waivers to
paragraph (b) of the clause; and
(2) The Center Chief of Security before granting any waivers to
paragraphs (c)(1) through (3) of the clause.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Revise section 1852.204-76 to read as follows:
Sec. 1852.204-76 Security Requirements for Unclassified Information
Technology Resources.
As prescribed in 1804.470-4(a), insert the following clause:
Security Requirements for Unclassified Information
Technology Resources
(XX/XX)
(a) The Contractor shall be responsible for information and
information technology (IT) security when the Contractor or its
subcontractors must obtain physical or electronic (i.e., authentication
level 2 and above as defined in National Institute of Standards and
Technology (NIST) Special Publication (SP) 800-63, Electronic
Authentication Guideline) access to NASA's computer systems, networks,
or IT infrastructure, or where information categorized as low,
moderate, or high by the Federal Information Processing Standards
(FIPS) 199, Standards for Security Categorization of Federal
Information and Information Systems, is stored, generated, or exchanged
by NASA or on behalf of NASA by a contractor or subcontractor,
regardless of whether the information resides on a NASA or a
contractor/subcontractor's information system.
(b) IT Security Requirements.
(1) Within 30 days after contract award, a Contractor shall submit
to the Contracting Officer for NASA approval an IT Security Plan, Risk
Assessment, and FIPS 199, Standards for Security Categorization of
Federal Information and Information Systems, Assessment. These plans
and assessments, including annual updates shall be incorporated into
the contract as compliance documents.
(i) The IT system security plan shall be prepared consistent, in
form and content, with NIST SP 800-18, Guide for Developing Security
Plans for Federal Information Systems, and any additions/augmentations
described in NASA Procedural Requirements (NPR) 2810, Security of
Information Technology. The security plan shall identify and document
appropriate IT security controls consistent with the sensitivity of the
information and the requirements of Federal Information Processing
Standards (FIPS) 200, Recommended Security Controls for Federal
Information Systems. The plan shall be reviewed and updated in
accordance with NIST SP 800-26, Security Self-Assessment Guide for
Information Technology Systems, and FIPS 200, on a yearly basis.
(ii) The risk assessment shall be prepared consistent, in form and
content, with NIST SP 800-30, Risk Management Guide for Information
Technology Systems, and any additions/augmentations described in NPR
2810. The risk assessment shall be updated on a yearly basis.
(iii) The FIPS 199 assessment shall identify all information types
as well as the ``high water mark,'' as defined in FIPS 199, of the
processed, stored, or transmitted information necessary to fulfill the
contractual requirements.
(2) The Contractor shall produce contingency plans consistent, in
form and content, with NIST SP 800-34, Contingency Planning Guide for
Information Technology Systems, and any additions/augmentations
described in NPR 2810. The Contractor shall perform yearly ``Classroom
Exercises.'' ``Functional Exercises,'' shall be coordinated with the
Center CIOs and be conducted once every three years, with the first
conducted within the first two years of contract award. These exercises
are defined and described in NIST SP 800-34.
(3) The Contractor shall ensure coordination of its incident
response team with the NASA Incident Response Center and the NASA
Security Operations Center.
(4) The Contractor shall ensure that its employees, in performance
of the contract, receive annual IT security training in NASA IT
Security policies, procedures, computer ethics, and best practices in
accordance with NPR 2810 requirements. The Contractor may use web-based
training available from NASA to meet this requirement.
(5) The Contractor shall provide NASA, including the NASA Office of
Inspector General, access to the Contractor's and subcontractors'
facilities, installations, operations, documentation, databases, and
personnel used in performance of the contract. Access shall be provided
to the extent required to carry out IT security inspection,
investigation, and/or audits to safeguard against threats and hazards
to the integrity, availability, and confidentiality of NASA information
or to the function of computer systems operated on behalf of NASA, and
to preserve evidence of computer crime. To facilitate mandatory
reviews, the Contractor shall ensure appropriate compartmentalization
of NASA information, stored and/or processed, either by information
systems in direct support of the contract or that are incidental to the
contract.
(6) The Contractor shall ensure that all individuals who perform
tasks as a system administrator, or have authority to perform tasks
normally performed by a system administrator, demonstrate knowledge
appropriate to those tasks. Knowledge is demonstrated through the NASA
System Administrator Security Certification Program. A system
administrator is one who provides IT services, network services, files
storage, and/or web services, to someone else other than themselves and
takes or assumes the responsibility for the security and administrative
controls of that service. Within 30 days after contract award, the
Contractor shall provide to the Contracting Officer a list of all
system administrator positions and personnel filling those positions,
along with a schedule that ensures certification of all personnel
within 90 days after contract award. Additionally, the Contractor
should report all personnel changes which impact system administrator
positions within 5 days of the personnel change and ensure these
individuals obtain System Administrator certification within 90 days
after the change.
(7) When the Contractor is located at a NASA Center or installation
or is using NASA IP address space, the Contractor shall--
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(i) Submit requests for non-NASA provided external Internet
connections to the Contracting Officer for approval by the Network
Security Configuration Control Board (NSCCB);
(ii) Comply with the NASA CIO metrics including patch management,
operating systems and application configuration guidelines,
vulnerability scanning, incident reporting, system administrator
certification, and security training; and
(iii) Utilize the NASA Public Key Infrastructure (PKI) for all
encrypted communication or non-repudiation requirements within NASA
when secure e-mail capability is required.
(c) Physical and Logical Access Requirements.
(1) Contractor personnel requiring access to IT systems operated by
the Contractor for NASA or interconnected to a NASA network shall be
screened at an appropriate level in accordance with NPR 2810 and
Chapter 4, NPR 1600.1, NASA Security Program Procedural Requirements.
NASA shall provide screening, appropriate to the highest risk level, of
the IT systems and information accessed, using, as a minimum, National
Agency Check with Inquiries (NACI). The Contractor shall submit the
required forms to the NASA Center Chief of Security (CCS) within
fourteen (14) days after contract award or assignment of an individual
to a position requiring screening. The forms may be obtained from the
CCS. At the option of NASA, interim access may be granted pending
completion of the required investigation and final access
determination. For Contractors who will reside on a NASA Center or
installation, the security screening required for all required access
(e.g., installation, facility, IT, information, etc.) is consolidated
to ensure only one investigation is conducted based on the highest risk
level. Contractors not residing on a NASA installation will be screened
based on their IT access risk level determination only. See NPR 1600.1,
Chapter 4.
(2) Guidance for selecting the appropriate level of screening is
based on the risk of adverse impact to NASA missions. NASA defines
three levels of risk for which screening is required (IT-1 has the
highest level of risk):
(i) IT-1-- Individuals having privileged access or limited
privileged access to systems whose misuse can cause very serious
adverse impact to NASA missions. These systems include, for example,
those that can transmit commands directly modifying the behavior of
spacecraft, satellites or aircraft.
(ii) IT-2-- Individuals having privileged access or limited
privileged access to systems whose misuse can cause serious adverse
impact to NASA missions. These systems include, for example, those that
can transmit commands directly modifying the behavior of payloads on
spacecraft, satellites or aircraft; and those that contain the primary
copy of ``level 1'' information whose cost to replace exceeds one
million dollars.
(iii) IT-3-- Individuals having privileged access or limited
privileged access to systems whose misuse can cause significant adverse
impact to NASA missions. These systems include, for example, those that
interconnect with a NASA network in a way that exceeds access by the
general public, such as bypassing firewalls; and systems operated by
the Contractor for NASA whose function or information has substantial
cost to replace, even if these systems are not interconnected with a
NASA network.
(3) Screening for individuals shall employ forms appropriate for
the level of risk as established in Chapter 4, NPR 1600.1.
(4) The Contractor may conduct its own screening of individuals
requiring privileged access or limited privileged access provided the
Contractor can demonstrate to the Contracting Officer that the
procedures used by the Contractor are equivalent to NASA's personnel
screening procedures for the risk level assigned for the IT position.
(5) Subject to approval of the Contracting Officer, the Contractor
may forgo screening of Contractor personnel for those individuals who
have proof of a--
(i) Current or recent national security clearances (within last
three years);
(ii) Screening conducted by NASA within the last three years that
meets or exceeds the screening requirements of the IT position; or
(iii) Screening conducted by the Contractor, within the last three
years, that is equivalent to the NASA personnel screening procedures as
approved by the Contracting Officer and concurred on by the CCS.
(d) The Contracting Officer may waive the requirements of
paragraphs (b) and (c)(1) through (c)(3) upon request of the
Contractor. The Contractor shall provide all relevant information
requested by the Contracting Officer to support the waiver request.
(e) The Contractor shall contact the Contracting Officer for any
documents, information, or forms necessary to comply with the
requirements of this clause.
(f) The Contractor shall insert this clause, including this
paragraph (f), in all subcontracts when the subcontractor is required
to:
(1) Have physical or electronic access to NASA's computer systems,
networks, or IT infrastructure; or
(2) Use information systems to generate, store, or exchange data
with NASA or on behalf of NASA, regardless of whether the data resides
on a NASA or a contractor's information system.
[FR Doc. E6-12351 Filed 7-31-06; 8:45 am]
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