Handbook Laws
Handbook Laws
INFORMATION
TECHNOLOGY LAWS
2. Laws
2.1 Federal Information Technology Acquisition Reform Act
(2014)
The Federal Information Technology Acquisition Reform Act (FITARA), passed in December 2014,
strengthened the role of agency CIOs and provided greater accountability for the delivery of IT
capabilities across the Federal Government. To assist with agency implementation, OMB released OMB
Memorandum M-15-14: Management and Oversight of Federal Information Technology 172 in June 2015.
Among other provisions, FITARA codified elements of existing Federal CIO initiatives. In addition, FITARA
requires the Federal CIO, in conjunction with federal agencies, to:
● Refocus the Federal Data Center Consolidation Initiative (FDCCI) from consolidation to
optimization, to include adoption of cloud services;
● Set forth a process for agency IT portfolio review and oversight;
● Improve transparency and risk management of IT investments;
● Identify and publish cost savings and optimization improvements;
● Provide public updates on cumulative cost savings and optimization improvements; and
● Review agencies’ data center inventories and management strategies.
172
OMB M-15-14. Management and Oversight of Federal Information Technology. 6/10/2015.
https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2015/m-15-14.pdf
173
OMB M-19-19. Update to Data Center Optimization Initiative (DCOI). 6/25/2019.
https://datacenters.cio.gov/assets/files/m_19_19.pdf
174
Congressional Research Service. The Current State of Federal Information Technology Acquisition Reform and
Management. 2/03/2020. https://fas.org/sgp/crs/misc/R44843.pdf
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Figure 1 identifies twelve practices, 175 including four overarching ones, considered vital to implementing
FITARA published by GAO.
As part of the law, OMB is required to establish a budget process for analyzing, tracking, and evaluating,
the risks and results of IT projects. This guidance has evolved and now encompasses the annual CPIC
budget process. In addition, OMB was required to perform review of information resources
management activities and ensure that adequate information security policies and procedures are in
place across Federal agencies.
175
GAO-19-131. Effective Practices Have Improved Agencies’ FITARA Implementation. April 2019.
https://www.gao.gov/assets/700/698751.pdf
176
DOD. Department of Defense Chief Information Officer Desk Reference. 2006.
https://dodcio.defense.gov/Portals/0/Documents/ciodesrefvolone.pdf
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2.3 Federal Information Security Modernization Act (2002)
The Federal Information Security Modernization Act (FISMA), first enacted in 2002 and updated in
December 2014, established roles and responsibilities for OMB, DHS, and agency CIOs to provide
accountability for the delivery of information security capabilities. 177 The 2014 FISMA update simplifies
existing reporting to eliminate inefficient or wasteful reporting, while adding new reporting
requirements for major information security incidents. FISMA requires the head of each Federal agency
to provide information security protections commensurate with the risk and magnitude of the harm
resulting from unauthorized access, use, disclosure, disruption, modification, or destruction of
information and information systems. Additionally, FISMA requires agency heads to report on the
adequacy and effectiveness of the information security policies, procedures, and practices of their
enterprise. 178
FISMA requires agencies to report the status of their information security programs to OMB and
requires Inspectors General (IG) to conduct annual independent assessments of those programs. OMB
and DHS collaborate with interagency partners to develop the CIO FISMA metrics, and with IG partners
to develop the IG FISMA metrics to facilitate these processes. 0MB also works with the Federal privacy
community to develop [SAOP] metrics. These three sets of metrics together provide a comprehensive
picture of an agency's cybersecurity and privacy performance. 179
The legislation also provides DHS with authority to develop and oversee the implementation of binding
operational directives to other agencies, in coordination and consistent with OMB policies and practices.
FISMA codifies DHS’s authority to administer the implementation of information security policies for
non-national security Executive Branch systems, including providing technical assistance and deploying
technologies to these systems. It also places the federal information security incident center (a function
fulfilled by US-CERT 180) within DHS by law.
The CFO Act also establishes a new Office of Federal Financial Management in OMB to carry out these
governmentwide financial management responsibilities. To head this office, the act establishes the
177
CISA. Federal Information Security Modernization Act. https://www.cisa.gov/federal-information-security-
modernization-act
178
CISA. Fiscal Year 2020 CIO FISMA Metrics.
https://www.cisa.gov/sites/default/files/publications/FY%202020%20FISMA%20CIO%20Metrics_v1.pdf
179
OMB M-20-04. Fiscal Year 2019-2020 Guidance on Federal Information Security and Privacy Management
Requirements. 11/19/2019. https://www.whitehouse.gov/wp-content/uploads/2019/11/M-20-04.pdf
180
CISA. US-CERT. https://us-cert.cisa.gov/
181
GAO. The Chief Financial Officers Act: a Mandate for Federal Financial Management Reform. September 1991.
https://www.gao.gov/special.pubs/af12194.pdf
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position of Controller, an individual who is to possess “demonstrated ability and practical experience in
accounting, financial management, and financial systems.” This individual will handle day-to-day
operations to ensure that financial operations are being properly carried out governmentwide.
The Privacy Act requires that agencies give the public notice of their systems of records by publication in
the Federal Register. The Privacy Act prohibits the disclosure of a record about an individual from a
system of records absent the written consent of the individual, unless the disclosure is pursuant to one
182
5 U.S.C. § 552a. Title 5 Government Organizations and Employees.
https://www.govinfo.gov/content/pkg/USCODE-2018-title5/pdf/USCODE-2018-title5-partI-chap5-subchapII-
sec552a.pdf
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of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access
to and amendment of their records and sets forth various agency record-keeping requirements.183
Building on lessons agencies have learned in setting goals and reporting performance, a heightened
emphasis is placed on priority-setting, cross-organizational collaboration to achieve shared goals, and
the use and analysis of goals and measurement to improve outcomes. The GPRA Modernization Act
serves as a foundation for engaging leaders in performance improvement and creating a culture where
data and empirical evidence play a greater role in policy, budget and management decisions.
● Improve the confidence of the American people in the capability of the Federal Government, by
systematically holding Federal agencies accountable for achieving program results;
● Improve program performance by requiring agencies to set goals, measure performance against
those goals and report publicly on progress;
● Improve Federal program effectiveness and public accountability by promoting a focus on
results, service quality and customer satisfaction;
● Help Federal managers improve service delivery, by requiring that they plan for meeting
program goals and by providing them with information about program results and service
quality;
● Improve congressional decision-making by providing information on achieving statutory
objectives and on the relative effectiveness and efficiency of Federal programs and spending;
Improve internal management of the Federal Government; and
● Improve usefulness of performance and program information by modernizing public reporting.
183
5 U.S.C. § 552a. Privacy Act of 1974. https://www.justice.gov/opcl/privacy-act-1974
184
OMB Circular A-11. Preparation, Submission, and Execution of the Budget. Section 200.4.
https://www.whitehouse.gov/wp-content/uploads/2018/06/a11.pdf
185
Public Law 111-352. GPRA Modernization Act of 2010. https://www.govinfo.gov/content/pkg/PLAW-
111publ352/html/PLAW-111publ352.htm
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2.7 Paperwork Reduction Act (1980 and 1995) 186
The Paperwork Reduction Act (PRA) of 1980 established, within OMB, [OIRA]. It requires the Director of
OMB to appoint an Administrator as head of OIRA and makes the Director responsible for any functions
delegated to the Administrator about the development and implementation of federal information
policies and standards.
The Paperwork Reduction Act (PRA) of 1995 gives OMB authority over the collection of certain
information by Federal agencies. It is intended, “among other things, to ‘ensure the greatest possible
public benefit from and maximize the utility of information created, collected, maintained, used, shared
and disseminated by or for the Federal Government’ and to ‘improve the quality and use of Federal
information to strengthen decision-making, accountability, and openness in Government and
society.’” 187 The Act requires agencies to plan for the development of new collections of information
and the extension of ongoing collections well in advance of sending an information collection request to
OMB. Agencies must:
● Seek public comment on proposed collections of information by placing a notice in the Federal
Register;
● Certify to OMB that efforts have been made to reduce the burden of the collection; and
● Review and approve information collection requests internally before submitting them to OMB.
Although the scope of the PRA has changed over the years, its underlying policy standards remain the
same. The PRA seeks to:
186
44 U.S.C. Chapter 35. Paperwork Reduction Act of 1980. https://digital.gov/resources/paperwork-reduction-
act-44-u-s-c-3501-et-seq/
187
OMB. Memorandum for the Heads of Executive Departments and Agencies, And Independent Regulatory
Agencies. 4/7/2010.
http://www.whitehouse.gov/sites/default/files/omb/assets/inforeg/PRAPrimer_04072010.pdf.
188
OPM. Paperwork Reduction Act (PRA) Guide. 4/27/2011. https://www.opm.gov/about-us/open-
government/digital-government-strategy/fitara/paperwork-reduction-act-guide.pdf
189
OMB. Implementation of the Government Paperwork Elimination Act.
https://obamawhitehouse.archives.gov/omb/fedreg_gpea2/
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counterparts", so that citizens can interact with the Federal government electronically (S. Rep. 105-335).
It requires Federal agencies, by October 21, 2003, to provide individuals or entities that deal with
agencies the option to submit information or transact with the agency electronically, and to maintain
records electronically, when practicable. It also addresses the matter of private employers being able to
use electronic means to store, and file with Federal agencies, information pertaining to their employees.
GPEA states that electronic records and their related electronic signatures are not to be denied legal
effect, validity, or enforceability merely because they are in electronic form. It also encourages Federal
government use of a range of electronic signature alternatives.
The FOIA provides that when processing requests, agencies should withhold information only if they
reasonably foresee that disclosure would harm an interest protected by an exemption, or if disclosure is
prohibited by law. Agencies should also consider whether partial disclosure of information is possible
whenever they determine that full disclosure is not possible and they should take reasonable steps to
segregate and release nonexempt information. The Office of Information Policy at the Department of
Justice is responsible for issuing government-wide guidance on the FOIA as part of its responsibilities to
encourage all agencies to fully comply with both the letter and the spirit of the FOIA.
190
OMB. Agency Information Quality Guidelines.
https://obamawhitehouse.archives.gov/omb/inforeg_agency_info_quality_links/
191
Federal Register. Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of
Information Disseminated by Federal Agencies; Republication. 2/22/2002.
https://www.federalregister.gov/documents/2002/02/22/R2-59/guidelines-for-ensuring-and-maximizing-the-
quality-objectivity-utility-and-integrity-of-information
192
DOJ. What is FOIA? https://www.foia.gov/about.html
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2.11 Confidential Information Protection and Statistical
Efficiency Act (2002)
Enacted to protect the confidentiality of information acquired from the public. The Confidential
Information Protection and Statistical Efficiency Act of 2002 (CIPSEA), Title V of the E-Government Act of
2002 (Pub. L. No. 107-347), has two subtitles. 193
CIPSEA Subtitle A protects information that is acquired for exclusively statistical purposes under a
pledge of confidentiality. This subtitle of the law applies to all Federal agencies that acquire information
under these carefully prescribed conditions. The protection of information collected under this law is
supported by a penalty of a Class E Felony for a knowing and willful disclosure of confidential
information.
1. To authorize the sharing of business data among Census, BEA, and BLS for exclusively statistical
purposes;
2. To reduce the paperwork burdens imposed on businesses that provide requested information to
the Federal Government;
3. To improve the comparability and accuracy of Federal economic statistics by allowing Census,
BEA, and BLS to update sample frames, develop consistent classifications of establishments and
companies into industries, improve coverage, and reconcile significant differences in data
produced by the three agencies; and
4. To increase understanding of the United States economy, especially for key industry and
regional statistics, to develop more accurate measures of the impact of technology on
productivity growth, and to enhance the reliability of the Nation’s most important economic
indicators, such as the National Income and Product Accounts.
193
OMB. Implementation Guidance for Title V of the E-Government Act. October 2006.
https://obamawhitehouse.archives.gov/sites/default/files/omb/assets/omb/inforeg/proposed_cispea_guidance.p
df
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2.12 Digital Accountability and Transparency Act (2014)194
Enacted to improve the quality and transparency of Federal award data.
On September 26, 2006, Federal Funding Accountability and Transparency Act (FFATA) was signed into
law. The legislation required that federal contract, grant, loan, and other financial assistance awards be
displayed on a publicly accessible and searchable website to give the American public access to
information on how their tax dollars are being spent. On May 9, 2014, DATA Act was signed into law
creating the purpose of the DATA Act Team. The legislation expanded FFATA to:
● Include all direct agency spending and link federal contract, grant, and loan spending to specific
agency programs;
● Set government-wide standards for financial data so we can accurately show consistent,
reliable, and searchable data;
● Simplify reporting, streamline requirements for reporting, and reduce the cost of complying
with the requirements, while improving transparency; and
● Improve the quality of the data at USAspending.gov by holding agencies accountable.
The Geospatial Data Act of 2018 (GDA) became law on October 5, 2018. The GDA was included as a
component of the FAA Reauthorization Act (P.L. 115-254, Subtitle F). The GDA codifies the committees,
processes, and tools used to develop, drive, and manage the National Spatial Data Infrastructure (NSDI)
and recognizes responsibilities beyond the Federal government for its development. The GDA reflects
growing recognition of the essential role of geospatial data and technology in understanding and
managing our world and highlights the need to support their continuing development as critical
investments for the Nation. 195
The GDA reduces duplicative efforts and facilitates the efficient procurement of geospatial expertise,
technology, services, and data from the rapidly growing geographic community in the United States. The
GDA:
194
Bureau of the Fiscal Service. About the Data Transparency Program. 6/8/2020. https://fiscal.treasury.gov/data-
transparency/history-overview.html
195
Federal Geographic Data Committee. Geospatial Data Act of 2018. https://www.fgdc.gov/gda/gda-fact-sheet-
may-2019.pdf
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2.14 Evidence-Based Policy Making Act (2018)196
Establishes processes for the federal government to modernize data management practices, evidence-
building functions, and statistical efficiency.
The Foundations for Evidence-Based Policymaking Act (or OPEN Government Data Act, Pub.L. 115–435)
is a United States law that requires the federal government to modernize its data management
practices.
The bill requires agencies to submit annually to [OMB] and Congress a systematic plan for identifying
and addressing policy questions. The plan must include, among other things:
Each agency shall designate a senior employee as Evaluation Officer to coordinate evidence-building
activities and an official with statistical expertise to advise on statistical policy, techniques, and
procedures.
On January 14, 2019, the Open, Public, Electronic and Necessary (OPEN) Government Data Act, 197 as
part of the Foundations for Evidence Based Policymaking Act, became law. The OPEN Government Data
Act makes Data.gov a requirement in statute, rather than a policy. It requires federal agencies to publish
their information online as open data, using standardized, machine-readable data formats, with their
metadata included in the Data.gov catalog. Data.gov is working with an expanded group of federal
agencies to include their datasets in Data.gov as they implement the new law. In addition, the law
requires that GSA work with [OMB] and the Office of Government Information Services to establish an
“online repository of tools, best practices, and schema standards to facilitate the adoption of open data
practices across the Federal Government.” This new repository, which will be an update and expansion
of Project Open Data, will also be available on Data.gov. 198
196
CIO. Foundations for Evidence-Based Policymaking Act of 2018. https://www.cio.gov/policies-and-
priorities/evidence-based-policymaking/
197
Open, Public, Electronic, and Necessary Government Data Act. 3/29/2017.
https://www.congress.gov/bill/115th-congress/house-bill/1770
198
GSA. Data.gov at Ten and the OPEN Government Data Act. 5/31/2019.
https://www.data.gov/meta/data-gov-at-ten-and-the-open-government-data-act/
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2.16 Creating Advanced Streamlined Electronic Services for
Constituents Act (2019)
Enacted in 2019, the Creating Advanced Streamlined Electronic Services for Constituents (CASES) Act
directs OMB to require each federal agency to accept electronic identity proofing and authentication
processes that allow an individual, under the [Privacy Act of 1974], to access the individual's records or
to provide prior written consent for the disclosure of the individual's records. 199 The bill modernizes the
way members of Congress receive permission from constituents before contacting federal agencies on
their behalf. Instead of a paper submission, constituents who request casework from their congressional
representatives every year have the option of submitting a privacy release form electronically.
199
Creating Advanced Streamlined Electronic Services for Constituents Act of 2019.
https://www.congress.gov/bill/116th-congress/senate-bill/435
200
Public Law 116-207. IoT CyberSecurity Improvement Act of 2020. https://www.congress.gov/bill/116th-
congress/house-bill/1668/text
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● Efficient use of data management, analysis, and reporting.
● The optimization of infrastructure, including for data centers, and the reduction of operating
costs.
● Artificial intelligence 201
201
Public Law 116-194. Information Technology Modernization Centers of Excellence Program Act.
https://www.congress.gov/116/plaws/publ194/PLAW-116publ194.pdf
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