[Federal Register Volume 68, Number 100 (Friday, May 23, 2003)]
[Proposed Rules]
[Pages 28187-28188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13000]


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DEPARTMENT OF DEFENSE

48 CFR Parts 239 and 252

[DFARS Case 2002-D020]


Defense Federal Acquisition Regulation Supplement; Information 
Assurance

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to address requirements for information 
assurance in the acquisition of information technology. The rule 
implements policy issued by the National Security Telecommunications 
and Information Systems Security Committee.

DATES: DoD will consider all comments received by July 22, 2003.

ADDRESSES: Respondents may submit comments directly on the World Wide 
Web at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an 
alternative, respondents may e-mail comments to: [email protected]. 
Please cite DFARS Case 2002-D020 in the subject line of e-mailed 
comments.
    Respondents that cannot submit comments using either of the above 
methods may submit comments to: Defense Acquisition Regulations 
Council, Attn: Ms. Angelena Moy, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-0350. 
Please cite DFARS Case 2002-D020.
    At the end of the comment period, interested parties may view 
public comments on the World Wide Web at http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. Angelena Moy, (703) 602-1302.

SUPPLEMENTARY INFORMATION:

A. Background

    In July 1990, the National Security Telecommunications and 
Information Systems Security Committee (NSTISSC) was established for 
the purpose of developing and promulgating national policies applicable 
to the security of national security telecommunications and information 
systems. In January 2000, NSTISSC issued Policy No. 11, which addresses 
the national policy governing the acquisition of information assurance 
and information assurance-enabled information technology products. 
Policy No. 11 states that information assurance shall be considered as 
a requirement for all systems used to enter, process, store, display, 
or transmit national security information. DoD has issued DoD Directive 
8500.1, Information Assurance, and DoD Instruction 8500.2, Information 
Assurance Implementation, to implement Policy No. 11. This proposed 
rule makes corresponding changes to DFARS subpart 239.71 and the clause 
at DFARS 252.239-7000.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to 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 the DFARS 
changes in this rule reflect existing Government policy pertaining to 
requirements for information assurance in the acquisition of 
information technology. Therefore, DoD has not performed an initial 
regulatory flexibility analysis. DoD invites comments from small 
businesses and other interested parties. DoD also will consider 
comments from small entities concerning the affected DFARS subparts in 
accordance with 5 U.S.C. 610. Such comments should be submitted 
separately and should cite DFARS Case 2002-D020.

C. Paperwork Reduction Act

    The information collection requirements in the clause at DFARS 
252.239-7000 have been approved by the Office of Management and Budget, 
under Clearance Number 0704-0341, for use through October 31, 2004.

List of Subjects in 48 CFR Parts 239 and 252

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, DoD proposes to amend 48 CFR parts 239 and 252 as 
follows:
    1. The authority citation for 48 CFR parts 239 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR chapter 1.

PART 239--ACQUISITION OF INFORMATION TECHNOLOGY

    2. Subpart 239.71 is revised to read as follows:

Subpart 239.71--Security and Privacy for Computer Systems

Sec.
239.7100 Scope of subpart.
239.7101 General.
239.7102 Definition.
239.7103 Policy and responsibilities.
239.7103-1 General.
239.7103-2 Compromising emanations--TEMPEST or other standard.
239.7104 Contract clause.


239.7100  Scope of subpart.

    This subpart applies to all acquisitions for information 
technology. It includes information assurance and Privacy Act 
considerations.


239.7101  General.

    Information assurance includes the protection of information that 
is entered, processed, transmitted, stored, retrieved, displayed, or 
destroyed. Information assurance requirements are in addition to 
provisions concerning protection of privacy of individuals (see FAR 
subpart 24.1).


239.7102  Definition.

    Information assurance, as used in this subpart, means measures that 
protect and defend information and information systems by ensuring 
their availability, integrity, authentication, confidentiality, and 
non-repudiation. This includes providing for the restoration of 
information systems by incorporating protection, detection, and 
reaction capabilities.


239.7103  Policy and responsibilities.


239.7103-1  General.

    (a) Agencies shall ensure that information assurance is provided 
for information technology in accordance with current policies, 
procedures, and statutes, to include--
    (1) The National Security Act;
    (2) The Clinger-Cohen Act;
    (3) National Security Telecommunications and Information Systems 
Security Policy No. 11;
    (4) Federal Information Processing Standards;
    (5) DoD Directive 8500.1, Information Assurance; and
    (6) DoD Instruction 8500.2, Information Assurance Implementation.
    (b) For all acquisitions, the requiring activity is responsible for 
providing to the contracting officer--
    (1) Statements of work, specifications, or statements of objectives 
that meet information assurance requirements as

[[Page 28188]]

specified in paragraph (a) of this subsection;
    (2) Inspection and acceptance contract requirements; and
    (3) A determination as to whether the information technology 
requires protection against compromising emanations.


239.7103-2  Compromising emanations--TEMPEST or other standard.

    For acquisitions requiring information assurance against 
compromising emanations, the requiring activity is responsible for 
providing to the contracting officer--
    (a) The required protections, i.e., an established National TEMPEST 
standard (e.g., NACSEM 5100, NACSIM 5100A) or a standard used by other 
authority;
    (b) The required identification markings to include markings for 
TEMPEST or other standard, certified equipment (especially if to be 
reused); and
    (c) Inspection and acceptance requirements addressing the 
validation of compliance with TEMPEST or other standards.


239.7104  Contract clause.

    Use the clause at 252.239-7000, Protection Against Compromising 
Emanations, in solicitations and contracts involving information 
technology that requires protection against compromising emanations.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 252.239-7000 is revised to read as follows:


252.239-7000  Protection Against Compromising Emanations.

    As prescribed in 239.7104, use the following clause:

PROTECTION AGAINST COMPROMISING EMANATIONS (XXX 2003)

    (a) The Contractor shall provide or use only information 
technology, as specified by the Government, that has been accredited 
to meet the appropriate information assurance requirements of--
    (1) The National Security Agency National TEMPEST Standards 
(NACSEM No. 5100 or NACSEM No. 5100A, Compromising Emanations 
Laboratory Test Standard, Electromagnetics (U)); or
    (2) Other standards specified by this contract.
    (b) Upon request of the Contracting Officer, the Contractor 
shall provide documentation supporting the accreditation.
    (c) The Government may, as part of its inspection and 
acceptance, conduct additional tests to ensure that information 
technology delivered under this contract satisfies the information 
assurance standards specified. The Government may conduct additional 
tests--
    (1) At the installation site or contractor's facility; and
    (2) Notwithstanding the existence of valid accreditations of 
information technology prior to the award of this contract.
    (d) Unless otherwise provided in this contract under the 
Warranty of Supplies or Warranty of Systems and Equipment clause, 
the Contractor shall correct or replace accepted information 
technology found to be deficient within one year after proper 
installations.
    (1) The correction or replacement shall be at no cost to the 
Government.
    (2) Should a modification to the delivered information 
technology be made by the Contractor, the one-year period applies to 
the modification upon its proper installation.
    (3) This paragraph (d) applies regardless of f.o.b. point or the 
point of acceptance of the deficient information technology.
(End of clause)

[FR Doc. 03-13000 Filed 5-22-03; 8:45 am]
BILLING CODE 5001-08-P