Title 44Public Printing and DocumentsRelease 119-73not60

§3555 Annual Independent Evaluation

Title 44 › Chapter 35— COORDINATION OF FEDERAL INFORMATION POLICY › Subchapter II— INFORMATION SECURITY › § 3555

Last updated Apr 5, 2026|Official source

Summary

Agencies must get an independent review of their information security program every year to see how well it works. The review must test a representative sample of the agency’s computer systems, judge the agency’s security rules and practices, and, when needed, make separate reports about systems that involve national security. For agencies with an Inspector General appointed under chapter 4 of title 5, the IG or an independent outside auditor chosen by the IG must do the review. Agencies without such an IG must hire an independent outside auditor. Parts of the review that concern national security systems must be done only by an entity the agency head picks and must protect any sensitive vulnerability information under all laws. Agencies may use earlier audits or reports as part of the review. Each year the agency head must send the results to the Director by the date the Director sets, but any national security parts go only as summaries. Agencies and reviewers must protect information that could harm security if revealed. The Director will summarize the reviews in the report to Congress required under section 3553(c), protecting national security details, and the Comptroller General will also review and report to Congress on agency security and on implementation of these rules. The Comptroller General may help agencies with technical testing, and the Director must create guidance for how to evaluate security programs after consulting key officials and councils.

Full Legal Text

Title 44, §3555

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(a)(1)Each year each agency shall have performed an independent evaluation of the information security program and practices of that agency to determine the effectiveness of such program and practices.
(2)Each evaluation under this section shall include—
(A)testing of the effectiveness of information security policies, procedures, and practices of a representative subset of the agency’s information systems;
(B)an assessment of the effectiveness of the information security policies, procedures, and practices of the agency; and
(C)separate presentations, as appropriate, regarding information security relating to national security systems.
(b)Subject to subsection (c)—
(1)for each agency with an Inspector General appointed under chapter 4 of title 5, the annual evaluation required by this section shall be performed by the Inspector General or by an independent external auditor, as determined by the Inspector General of the agency; and
(2)for each agency to which paragraph (1) does not apply, the head of the agency shall engage an independent external auditor to perform the evaluation.
(c)For each agency operating or exercising control of a national security system, that portion of the evaluation required by this section directly relating to a national security system shall be performed—
(1)only by an entity designated by the agency head; and
(2)in such a manner as to ensure appropriate protection for information associated with any information security vulnerability in such system commensurate with the risk and in accordance with all applicable laws.
(d)The evaluation required by this section may be based in whole or in part on an audit, evaluation, or report relating to programs or practices of the applicable agency.
(e)(1)Each year, not later than such date established by the Director, the head of each agency shall submit to the Director the results of the evaluation required under this section.
(2)To the extent an evaluation required under this section directly relates to a national security system, the evaluation results submitted to the Director shall contain only a summary and assessment of that portion of the evaluation directly relating to a national security system.
(f)Agencies and evaluators shall take appropriate steps to ensure the protection of information which, if disclosed, may adversely affect information security. Such protections shall be commensurate with the risk and comply with all applicable laws and regulations.
(g)(1)The Director shall summarize the results of the evaluations conducted under this section in the report to Congress required under section 3553(c).
(2)The Director’s report to Congress under this subsection shall summarize information regarding information security relating to national security systems in such a manner as to ensure appropriate protection for information associated with any information security vulnerability in such system commensurate with the risk and in accordance with all applicable laws.
(3)Evaluations and any other descriptions of information systems under the authority and control of the Director of National Intelligence or of National Foreign Intelligence Programs systems under the authority and control of the Secretary of Defense shall be made available to Congress only through the appropriate oversight committees of Congress, in accordance with applicable laws.
(h)The Comptroller General shall periodically evaluate and report to Congress on—
(1)the adequacy and effectiveness of agency information security policies and practices; and
(2)implementation of the requirements of this subchapter.
(i)The Comptroller General may provide technical assistance to an Inspector General or the head of an agency, as applicable, to assist the Inspector General or head of an agency in carrying out the duties under this section, including by testing information security controls and procedures.
(j)The Director, in consultation with the Secretary, the Chief Information Officers Council established under section 3603, the Council of the Inspectors General on Integrity and Efficiency, and other interested parties as appropriate, shall ensure the development of guidance for evaluating the effectiveness of an information security program and practices.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to this section were contained in section 3535 and 3545 of this title prior to repeal by Pub. L. 113–283.

Amendments

2022—Subsec. (b)(1). Pub. L. 117–286 substituted “chapter 4 of title 5,” for “the Inspector General Act of 1978,”.

Reference

Citations & Metadata

Citation

44 U.S.C. § 3555

Title 44Public Printing and Documents

Last Updated

Apr 5, 2026

Release point: 119-73not60