Title 38 — Veterans' BenefitsRelease 119-73

§5722 Policy

Title 38 › Part PART IV— - GENERAL ADMINISTRATIVE PROVISIONS › Chapter CHAPTER 57— - RECORDS AND INVESTIGATIONS › Subchapter SUBCHAPTER III— - INFORMATION SECURITY › § 5722

Last updated Apr 6, 2026|Official source

Summary

The Secretary must set up and keep a department-wide information security program to protect Department information in any form and the Department’s information systems. The program must include risk assessments, policies that lower risk and cover each system from start to finish, and required technical, operational, and management security controls. It must also have plans for networks and facilities, annual security training for all employees, contractors, and other users of VA sensitive data and systems, and a way to find and fix security problems. The program must test controls regularly, including certification testing of all controls every three years and yearly testing of a subset for each system. It must include procedures to detect, report, and respond to incidents (and to notify the U.S. Computer Emergency Readiness Team at DHS, law enforcement, the Department’s Inspector General, and others) and plans to keep systems running during disruptions. The Secretary must follow subchapter III of chapter 35 of title 44 and related rules from NIST and OMB.

Full Legal Text

Title 38, §5722

Veterans' Benefits — Source: USLM XML via OLRC

(a)The security of Department information and information systems is vital to the success of the mission of the Department. To that end, the Secretary shall establish and maintain a comprehensive Department-wide information security program to provide for the development and maintenance of cost-effective security controls needed to protect Department information, in any media or format, and Department information systems.

(b)The Secretary shall ensure that the Department information security program includes the following elements:

(1)Periodic assessments of the risk and magnitude of harm that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the Department.

(2)Policies and procedures that—

(A)are based on risk assessments;

(B)cost-effectively reduce security risks to an acceptable level; and

(C)ensure that information security is addressed throughout the life cycle of each Department information system.

(3)Selection and effective implementation of minimum, mandatory technical, operational, and management security controls, or other compensating countermeasures, to protect the confidentiality, integrity, and availability of each Department system and its information.

(4)Subordinate plans for providing adequate security for networks, facilities, systems, or groups of information systems, as appropriate.

(5)Annual security awareness training for all Department employees, contractors, and all other users of VA sensitive data and Department information systems that identifies the information security risks associated with the activities of such employees, contractors, and users and the responsibilities of such employees, contractors, and users to comply with Department policies and procedures designed to reduce such risks.

(6)Periodic testing and evaluation of the effectiveness of security controls based on risk, including triennial certification testing of all management, operational, and technical controls, and annual testing of a subset of those controls for each Department system.

(7)A process for planning, developing, implementing, evaluating, and documenting remedial actions to address deficiencies in information security policies, procedures, and practices.

(8)Procedures for detecting, immediately reporting, and responding to security incidents, including mitigating risks before substantial damage is done as well as notifying and consulting with the US-Computer Emergency Readiness Team of the Department of Homeland Security, law enforcement agencies, the Inspector General of the Department, and other offices as appropriate.

(9)Plans and procedures to ensure continuity of operations for Department systems.

(c)The Secretary shall comply with the provisions of subchapter III of chapter 35 of title 44 and other related information security requirements promulgated by the National Institute of Standards and Technology and the Office of Management and Budget that define Department information system mandates.

Reference

Citations & Metadata

Citation

38 U.S.C. § 5722

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73