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--



[[Page 43410]]



    (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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