[Federal Register: December 2, 2008 (Volume 73, Number 232)]
[Proposed Rules]
[Page 73201-73202]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de08-21]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1804 and 1852
RIN 2700-AD46
Information Technology (IT) Security
AGENCY: National Aeronautics and Space Administration.
ACTION: Proposed Rule.
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SUMMARY: NASA proposes to revise the NASA FAR Supplement (NFS) to
update requirements related to Information Technology Security,
consistent with Federal policies for the security of unclassified
information and information systems. The rule imposes no new
requirements. Its purpose is to more clearly define applicability,
update procedural processes, eliminate the requirement for contractor
personnel to meet the NASA System Security Certification Program, and
provide a Web site link within a contract clause to a library where
contractors can find all underlying regulations and referenced
documents.
DATES: Interested parties should submit comments on or before February
2, 2009 to be considered in formulation of the final rule.
ADDRESSES: Interested parties may submit comments, identified by RIN
number 2700-AD46, via the Federal eRulemaking Portal: http://
www.regulations.gov. Follow the instructions for submitting comments.
Comments may also be submitted to Ken Stepka (Mail Stop 5P86), NASA
Headquarters, Office of Procurement, Contract Analysis Division,
Washington, DC 20546. Comments may also be submitted by e-mail to
ken.stepka@nasa.gov.
FOR FURTHER INFORMATION CONTACT: Ken Stepka, NASA, Office of
Procurement, Contract Analysis Division (Suite 5P86); (202) 358-0492;
e-mail: ken.stepka@nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
Safety and security issues related to information technology are
constantly arising and Federal and Agency policy in this area is
evolving. This rule clarifies NASA's implementation of The Federal
Information Security Management Act (FISMA) of 2002, Homeland Security
Presidential Directive (HSPD) 12, Clinger-Cohen Act of 1996 (40 U.S.C.
1401 et seq.), OMB Circular A-130, Management of Federal Information
Resources, and the National Institute of Standards and Technology
(NIST) security requirements and standards. The revisions herein delete
specific personnel qualification standards, and generally clarify the
process by which NASA protects information and ensures that the Federal
requirements are met.
This is not a significant regulatory action and, therefore, is not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This proposed
rule is not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
NASA certifies that this proposed rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.,
because it does not impose any new requirements. The rule may result in
time savings, thereby reducing the economic impact to small entities
because all contract requirements are being centralized at one easy-to-
locate site.
[[Page 73202]]
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) is not applicable
because the NFS changes do not impose information collection
requirements that require the approval of the Office of Management and
Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 1804 and 1852
Government Procurement.
William P. McNally,
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. 2455(a), 2473(c)(1).
PART 1804--ADMINISTRATIVE MATTERS
2. Sections 1804.470-3 and 1804.470-4 are revised to read as
follows:
Sec. 1804.470-3 IT security requirements.
(a) 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 when a contractor or subcontractor must obtain physical or
electronic access beyond that granted the general public to NASA's
computer systems, networks, or IT infrastructure. These requirements
are applicable when NASA information is generated, stored, processed,
or exchanged with 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) The Applicable Documents List (ADL) should consist of all NASA
Agency-level IT Security and Center IT Security Policies applicable to
the contract. Documents listed in the ADL as well as applicable Federal
IT Security Policies are available at the NASA IT Security Policy Web
site at: https://itsecurity.nasa.gov/policies/index.html.
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, process, 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) Parts of the clause and referenced ADL may be waived by the
contracting officer, if they do not apply to the contract. Contracting
officers must obtain the approval of the Center IT Security Manager.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Section 1852.204-76 is revised 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 protect the confidentiality, integrity,
and availability of NASA Electronic Information and IT resources and
protect NASA Electronic Information from unauthorized disclosure.
(b) This clause is applicable to all NASA Contractors and
subcontractors that process, manage, access, or store unclassified
electronic information, to include Sensitive But Unclassified (SBU)
information, for NASA in support of NASA's missions, programs,
projects and/or institutional requirements. Applicable requirements,
regulations, policies, and guidelines are identified in the
Applicable Documents List (ADL) provided as an attachment to the
contract. The documents listed in the ADL can be found at: https://
itsecurity.nasa.gov/policies/index.html. For policy information
considered sensitive, the documents will be identified as such in
the ADL and made available through the Contracting Officer.
(c) Definitions. (1) IT resources means any hardware or software
or interconnected system or subsystem of equipment, that is used to
process, manage, access, or store electronic information.
(2) NASA Electronic Information is any data (as defined in the
Rights in Data clause of this contract) or information (including
information incidental to contract administration, such as
financial, administrative, cost or pricing, or management
information) that is processed, managed, accessed or stored on an IT
system(s) in the performance of a NASA contract.
(d) The Contractor shall develop, provide, implement, and
maintain an IT Security Management Plan. This plan shall describe
the processes and procedures that will be followed to ensure
appropriate security of IT resources that are developed, processed,
or used under this contract.
(e) All contractor personnel requiring physical or logical
access to NASA IT resources must complete NASA's annual IT Security
Awareness training. The training Web site is located at: https://
satern.nasa.gov. If this address is not available, refer to the IT
Training policy located in the IT Security Web site at https://
itsecurity.nasa.gov/policies/index.html.
(f) The Contractor shall afford Government 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 a program of IT inspection (to include
vulnerability testing), investigation and audit to safeguard against
threats and hazards to the integrity, availability, and
confidentiality of NASA Electronic Information or to the function of
IT systems operated on behalf of NASA, and to preserve evidence of
computer crime.
(g) At the completion of the contract, the Contractor shall
provide a listing of all NASA Electronic information and IT
resources provided to the Contractor during the performance of the
contract. At that time, the Contractor shall request disposition
instructions from the Contracting Officer. The Contracting Officer
shall provide initial disposition instructions within 30 calendar
days of the Contractor's request. The Contractor shall state in
writing that all NASA Electronic Information (except for data or
information owned by the Contractor such as limited rights data or
restricted computer software of the Contractor) has been purged from
Contractor-owned systems used in the performance of the contract
following NASA policies for information destruction, available under
the ADL.
(h) The Contracting Officer may waive specific requirements of
this clause upon request of the Contractor. The Contractor shall
provide all relevant information requested by the Contracting
Officer to support the waiver request.
(i) The Contractor shall insert this clause, including this
paragraph in all subcontracts that process, manage, access or store
NASA Electronic Information in support of the mission of the Agency.
(End of clause)
[FR Doc. E8-28626 Filed 12-1-08; 8:45 am]
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