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44 U.S.C. § 3613 — Roles and responsibilities of agencies
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In implementing the requirements of FedRAMP, the head of each agency shall, consistent with guidance issued by the Director pursuant to section 3614—
(1) promote the use of cloud computing products and services that meet FedRAMP security requirements and other risk-based performance requirements as determined by the Director, in consultation with the Secretary;
(2) confirm whether there is a FedRAMP authorization in the secure mechanism provided under section 3609(a)(8) before beginning the process of granting a FedRAMP authorization for a cloud computing product or service;
(3) to the extent practicable, for any cloud computing product or service the agency seeks to authorize that has received a FedRAMP authorization, use the existing assessments of security controls and materials within any FedRAMP authorization package for that cloud computing product or service; and
(4) provide to the Director data and information required by the Director pursuant to section 3614 to determine how agencies are meeting metrics established by the Administrator.
**(b) Attestation.—** Upon completing an assessment or authorization activity with respect to a particular cloud computing product or service, if an agency determines that the information and data the agency has reviewed under paragraph (2) or (3) of subsection (a) is wholly or substantially deficient for the purposes of performing an authorization of the cloud computing product or service, the head of the agency shall document as part of the resulting FedRAMP authorization package the reasons for this determination.
**(c) Submission of Authorizations to Operate Required.—** Upon issuance of an agency authorization to operate based on a FedRAMP authorization, the head of the agency shall provide a copy
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Source location: Title 44, Chapter 36, § 3613; chapter-036-management-and-promotion-of-electronic-government-services.md
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**(a) In General.—** In implementing the requirements of FedRAMP, the head of each agency shall, consistent with guidance issued by the Director pursuant to section 3614—
(1) promote the use of cloud computing products and services that meet FedRAMP security requirements and other risk-based performance requirements as determined by the Director, in consultation with the Secretary;
(2) confirm whether there is a FedRAMP authorization in the secure mechanism provided under section 3609(a)(8) before beginning the process of granting a FedRAMP authorization for a cloud computing product or service;
(3) to the extent practicable, for any cloud computing product or service the agency seeks to authorize that has received a FedRAMP authorization, use the existing assessments of security controls and materials within any FedRAMP authorization package for that cloud computing product or service; and
(4) provide to the Director data and information required by the Director pursuant to section 3614 to determine how agencies are meeting metrics established by the Administrator.
**(b) Attestation.—** Upon completing an assessment or authorization activity with respect to a particular cloud computing product or service, if an agency determines that the information and data the agency has reviewed under paragraph (2) or (3) of subsection (a) is wholly or substantially deficient for the purposes of performing an authorization of the cloud computing product or service, the head of the agency shall document as part of the resulting FedRAMP authorization package the reasons for this determination.
**(c) Submission of Authorizations to Operate Required.—** Upon issuance of an agency authorization to operate based on a FedRAMP authorization, the head of the agency shall provide a copy of its authorization to operate letter and any supplementary information required pursuant to section 3609(a) to the Administrator.
**(d) Submission of Policies Required.—** Not later than 180 days after the date on which the Director issues guidance in accordance with section 3614(1), the head of each agency, acting through the chief information officer of the agency, shall submit to the Director all agency policies relating to the authorization of cloud computing products and services.
**(e) Presumption of Adequacy.—**
(1) **In general.—** — The assessment of security controls and materials within the authorization package for a FedRAMP authorization shall be presumed adequate for use in an agency authorization to operate cloud computing products and services.
(2) **Information security requirements.—** — The presumption under paragraph (1) does not modify or alter—
(A) the responsibility of any agency to ensure compliance with subchapter II of chapter 35 for any cloud computing product or service used by the agency; or
(B) the authority of the head of any agency to make a determination that there is a demonstrable need for additional security requirements beyond the security requirements included in a FedRAMP authorization for a particular control implementation.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided under subsection (b), the definitions under sections 3502 and 3552 apply to this section through section 3616.
**(b) Additional Definitions.—** In this section through section 3616:
(1) **Administrator.—** — The term “Administrator” means the Administrator of General Services.
(2) **Appropriate congressional committees.—** — The term “appropriate congressional committees” means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives.
(3) **Authorization to operate; federal information.—** — The terms “authorization to operate” and “Federal information” have the meaning given those term 11 So in original. Probably should be “terms”. in Circular A–130 of the Office of Management and Budget entitled “Managing Information as a Strategic Resource”, or any successor document.
(4) **Cloud computing.—** — The term “cloud computing” has the meaning given the term in Special Publication 800–145 of the National Institute of Standards and Technology, or any successor document.
(5) **Cloud service provider.—** — The term “cloud service provider” means an entity offering cloud computing products or services to agencies.
(6) **FedRAMP.—** — The term “FedRAMP” means the Federal Risk and Authorization Management Program established under section 3608.
(7) **FedRAMP authorization.—** — The term “FedRAMP authorization” means a certification that a cloud computing product or service has—
(A) completed a FedRAMP authorization process, as determined by the Administrator; or
(B) received a FedRAMP provisional authorization to operate, as determined by the FedRAMP Board.
(8) **Fedramp authorization package.—** — The term “FedRAMP authorization packa
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Federal law — U.S. Code and appendices · legal_authorities
Page 214
TITLE 44—PUBLIC PRINTING AND DOCUMENTS
§ 3613
tion is effective on the date that is 5 years after Dec.
23, 2022.
CONSTRUCTION
For rule of construction regarding section 5921 of
Pub. L. 117–263, see section 5921(e) of Pub. L. 117–263, set
out as a note under section 3607 of this title.
§ 3613. Roles and responsibilities of agencies
(a) IN GENERAL.—In implementing the require-
ments of FedRAMP, the head of each agency
shall, consistent with guidance issued by the Di-
rector pursuant to section 3614—
(1) promote the use of cloud computing prod-
ucts and services that meet FedRAMP secu-
rity requirements and other risk-based per-
formance requirements as determined by the
Director, in consultation with the Secretary;
(2) confirm whether there is a FedRAMP au-
thorization in the secure mechanism provided
under section 3609(a)(8) before beginning the
process of granting a FedRAMP authorization
for a cloud computing product or service;
(3) to the extent practicable, for any cloud
computing product or service the agency seeks
to authorize that has received a FedRAMP au-
thorization, use the existing assessments of
security controls and materials within any
FedRAMP authorization package for that
cloud computing product or service; and
(4) provide to the Director data and informa-
tion required by the Director pursuant to sec-
tion 3614 to determine how agencies are meet-
ing metrics established by the Administrator.
(b) ATTESTATION.—Upon completing an assess-
ment or authorization activity with respect to a
particular cloud computing product or service, if
an agency determines that the information and
data the agency has reviewed under paragraph
(2) or (3) of subsection (a) is wholly or substan-
tially deficient for the purposes of performing
an
Source: Supplied 2024 U.S. Code historical extraction · 44 U.S.C. § 3613
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