[Federal Register Volume 71, Number 147 (Tuesday, August 1, 2006)]
[Proposed Rules]
[Pages 43408-43410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12351]



[[Page 43408]]

=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 7510-01-P