44 U.S.C. § 3612 — Declaration of foreign interests

Page 213 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3612 ommendations to the Administrator regarding the requirements and guidelines for, and the prioritization of, security assessments of cloud computing products and services. (b) MEMBERSHIP.—The FedRAMP Board shall consist of not more than 7 senior officials or ex- perts from agencies appointed by the Director, in consultation with the Administrator, from each of the following: (1) The Department of Defense. (2) The Department of Homeland Security. (3) The General Services Administration. (4) Such other agencies as determined by the Director, in consultation with the Adminis- trator. (c) QUALIFICATIONS.—Members of the FedRAMP Board appointed under subsection (b) shall have technical expertise in domains rel- evant to FedRAMP, such as— (1) cloud computing; (2) cybersecurity; (3) privacy; (4) risk management; and (5) other competencies identified by the Di- rector to support the secure authorization of cloud services and products. (d) DUTIES.—The FedRAMP Board shall— (1) in consultation with the Administrator, serve as a resource for best practices to accel- erate the process for obtaining a FedRAMP authorization; (2) establish and regularly update require- ments and guidelines for security authoriza- tions of cloud computing products and serv- ices, consistent with standards and guidelines established by the Director of the National In- stitute of Standards and Technology, to be used in the determination of FedRAMP au- thorizations; (3) monitor and oversee, to the greatest ex- tent practicable, the processes and procedures by which agencies determine and validate re- quirements for a FedRAMP authorization, in- cluding periodic review of the agency deter- minations described in section 3613(b); (4) ensure consistency and transparency be- tween agencies and cloud service providers in a manner that minimizes confusion and engen- ders trust; and (5) perform such other roles and responsibil- ities as the Director may assign, with concur- rence from the Administrator. (e) DETERMINATIONS OF DEMAND FOR CLOUD COMPUTING PRODUCTS AND SERVICES.—The FedRAMP Board may consult with the Chief In- formation Officers Council to establish a proc- ess, which may be made available on the website maintained under section 3609(b), for prioritizing and accepting the cloud computing products and services to be granted a FedRAMP authoriza- tion. (Added Pub. L. 117–263, div. E, title LIX, § 5921(b), Dec. 23, 2022, 136 Stat. 3452.) REPEAL OF SECTION For repeal of section by section 5921(d)(1) of Pub. L. 117–263, see Effective Date of Repeal note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 117–263, div. E, title LIX, § 5921(d)(1), Dec. 23, 2022, 136 Stat. 3458, provided that the repeal of this sec- 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. § 3611. Independent assessment The Administrator may determine whether FedRAMP may use an independent assessment service to analyze, validate, and attest to the quality and compliance of security assessment materials provided by cloud service providers during the course of a determination of whether to use a cloud computing product or service. (Added Pub. L. 117–263, div. E, title LIX, § 5921(b), Dec. 23, 2022, 136 Stat. 3453.) REPEAL OF SECTION For repeal of section by section 5921(d)(1) of Pub. L. 117–263, see Effective Date of Repeal note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 117–263, div. E, title LIX, § 5921(d)(1), Dec. 23, 2022, 136 Stat. 3458, provided that the repeal of this sec- 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. § 3612. Declaration of foreign interests (a) IN GENERAL.—An independent assessment service that performs services described in sec- tion 3611 shall annually submit to the Adminis- trator information relating to any foreign inter- est, foreign influence, or foreign control of the independent assessment service. (b) UPDATES.—Not later than 48 hours after there is a change in foreign ownership or control of an independent assessment service that per- forms services described in section 3611, the independent assessment service shall submit to the Administrator an update to the information submitted under subsection (a). (c) CERTIFICATION.—The Administrator may require a representative of an independent as- sessment service to certify the accuracy and completeness of any information submitted under this section. (Added Pub. L. 117–263, div. E, title LIX, § 5921(b), Dec. 23, 2022, 136 Stat. 3453.) REPEAL OF SECTION For repeal of section by section 5921(d)(1) of Pub. L. 117–263, see Effective Date of Repeal note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 117–263, div. E, title LIX, § 5921(d)(1), Dec. 23, 2022, 136 Stat. 3458, provided that the repeal of this sec- 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 authorization of the cloud computing product or service, the head of the agency shall docu- ment as part of the resulting FedRAMP author- ization package the reasons for this determina- tion. (c) SUBMISSION OF AUTHORIZATIONS TO OPERATE REQUIRED.—Upon issuance of an agency author- ization to operate based on a FedRAMP author- ization, the head of the agency shall provide a copy of its authorization to operate letter and any supplementary information required pursu- ant 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 sec- tion 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 authoriza- tion package for a FedRAMP authorization shall be presumed adequate for use in an agen- cy 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 en- sure compliance with subchapter II of chap- ter 35 for any cloud computing product or service used by the agency; or (B) the authority of the head of any agen- cy to make a determination that there is a demonstrable need for additional security requirements beyond the security require- ments included in a FedRAMP authorization for a particular control implementation. (Added Pub. L. 117–263, div. E, title LIX, § 5921(b), Dec. 23, 2022, 136 Stat. 3453.) REPEAL OF SECTION For repeal of section by section 5921(d)(1) of Pub. L. 117–263, see Effective Date of Repeal note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 117–263, div. E, title LIX, § 5921(d)(1), Dec. 23, 2022, 136 Stat. 3458, provided that the repeal of this sec- 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. § 3614. Roles and responsibilities of the Office of Management and Budget The Director shall— (1) in consultation with the Administrator and the Secretary, issue guidance that— (A) specifies the categories or characteris- tics of cloud computing products and serv- ices that are within the scope of FedRAMP; (B) includes requirements for agencies to obtain a FedRAMP authorization when oper- ating a cloud computing product or service described in subparagraph (A) as a Federal information system; and (C) encompasses, to the greatest extent practicable, all necessary and appropriate cloud computing products and services; (2) issue guidance describing additional re- sponsibilities of FedRAMP and the FedRAMP Board to accelerate the adoption of secure cloud computing products and services by the Federal Government; (3) in consultation with the Administrator, establish a process to periodically review FedRAMP authorization packages to support the secure authorization and reuse of secure cloud products and services; (4) oversee the effectiveness of FedRAMP and the FedRAMP Board, including the com- pliance by the FedRAMP Board with the du- ties described in section 3610(d); and (5) to the greatest extent practicable, en- courage and promote consistency of the as- sessment, authorization, adoption, and use of secure cloud computing products and services within and across agencies. (Added Pub. L. 117–263, div. E, title LIX, § 5921(b), Dec. 23, 2022, 136 Stat. 3454.) REPEAL OF SECTION For repeal of section by section 5921(d)(1) of Pub. L. 117–263, see Effective Date of Repeal note below.