FIPS PUBLICATION CHANGE NOTICE

Change: 1 for FIPS waivers  

1997 April 15

All FIPS

Procedures for Waivers for the Federal Information Processing Standards (FIPS).

Department of Commerce

National Institute of Standards and Technology

Information Technology Laboratory

Gaithersburg, MD 20899

In 1988 the Secretary of Commerce delegated to the heads of Federal departments and agencies the authority to approve waivers to Federal Information Processing Standards (FIPS), in accordance with section 111(d) of the Federal Property and Administrative Services Act of 1949. Section 5131 of the Information Technology Management Reform Act of 1996, which replaces the Federal Property and Administrative Services Act, has slightly modified the conditions for processing waivers to Federal Information Processing Standards.

Attached are updated waiver procedures that reflect the minor changes to waiver procedures that were promulgated by the Information Technology Management Reform Act.

Attachment

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Copies of FIPS are available from:

National Technical Information Service (NTIS)

ATTN: Sales Office, Sills Building

5285 Port Royal Road

Springfield, VA 22161

Phone - (703) 487-4650

Office Hours - 7:45am to 5:00pm

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PROCEDURES FOR WAIVERS

FOR THE

FEDERAL INFORMATION PROCESSING STANDARDS (FIPS)

Under certain exceptional circumstances, the heads of Federal departments and agencies may approve waivers to Federal Information Processing Standards (FIPS). The head of such agency may redelegate such authority only to a Chief Information Officer designated pursuant to section 3506 of Title 44, U.S. Code. Waivers shall be granted only when:

a. Compliance with a standard would adversely affect the accomplishment of the mission of an operator of a Federal computer system, or

b. Cause a major adverse financial impact on the operator which is not offset by Government-wide savings.

Agency heads may act upon a written waiver request containing the information detailed above. Agency heads may also act without a written waiver request when they determine that conditions for meeting the standard cannot be met. Agency heads may approve waivers only by a written decision which explains the basis on which the agency head made the required finding(s). A copy of each such decision, with procurement sensitive or classified portions clearly identified, shall be sent to: National Institute of Standards and Technology; ATTN: FIPS Waiver Decisions, Technology Building, Room A216; Gaithersburg, MD 20899.

In addition, notice of each waiver granted and each delegation of authority to approve waivers shall be sent promptly to the Congress and shall be published promptly in the Federal Register.

When the determination on a waiver applies to the procurement of equipment and/or services, a notice of the waiver determination must be published in the Commerce Business Daily as a part of the notice of solicitation for offers of an acquisition or, if the waiver determination is made after that notice is published, by amendment to such notice.

A copy of the waiver, any supporting documents, the document approving the waiver and any supporting and accompanying documents, with such deletions as the agency is authorized and decides to make under 5 U.S.C. Sec. 552(b), shall be part of the procurement documentation and retained by the agency.

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