Government Laws

FITSP-AModule 2

Government likes to begin things – to declare grand new programs and causes and national objectives. But good beginnings are not the measure of success. What matters in the end is completion. Performance. Results. Not just making promises, but making good on promises. In my Administration, that will be the standard from the farthest regional office ofgovernment to the highest office of the land.

President George W. Bush

My Administration is committed to creating an unprecedented level of openness in Government. We will work together to ensure the public trust and establish a system of transparency, public participation, and collaboration. Openness will strengthen our democracy and promote efficiency and effectiveness in Government.

- President Barack Obama

Leadership

FITSP-A Exam Objectives:Security Topic: Regulatory & Standards Compliance

A FITSP-Auditor is expected to understand and to be able to apply:

Audit strategies for compliance with the organization’s information security program

Identify and stay current on all laws, regulations, standards, and best practices applicable to the organization

Oversee relationships with all regulatory information security organizations and appropriate industry groups, forums, and stakeholders

Keep informed on pending information security changes, trends, and best practices by participating in collaborative settings

Review information security compliance performance measurement components

Government Laws Module Overview

Section A: Congress & The President– Federal Information Security Management Act of 2002 (Title III of the E-

Government Act)• Evolution of Compliance• Elements of a Security Program• Reporting Metrics

Section B: NIST – National Institute of Standards & Technologies– Computer Security Division– Risk Management Framework

Section C: OMB – Office of Management & Budget– Circular A-130– Memorandum

Section D: DHS – Department of Homeland Security– Cybersecurity Responsibilities– Presidential Directives

Section E: HHS – Health & Human Services– HIPAA Health Insurance Portability and Accountability Act– HITECH Health Information Technology for Economic and Clinical Health

HIPAA Security Rule

CS

A ,

FIS

MAPRA HSA

CNSS Guidanc

e

Congress: Legislation

NIST Guidanc

e

OMB: Oversight

DHS: Authority

OMB Liai

son:

Fede

ral C

IO

DHS Liaison:

Cybesecurity

Coordinator

Federal Agencies

President: Agenda (PMA)

HHS/CMS OCR

Authority, Guidance, Oversight

RMF

CNSS 1253H

IPA

A,

H

ITEC

H

CONGRESS AND THE PRESIDENT

Section A

Legislative History

E-Government Act of 2002Public Law 107-347

Establishes Office of E-Gov within OMB Areas of E-Gov:

– Capital planning and investment control for information technology

– Development of enterprise architectures (FEA)– Information Security (Title III)– Access to government information

Establishes CIO Counsel in the Executive branch

What is FISMA?

Title III of E-Gov Act of 2002 Requires Each Federal Agency to Implement an

Information Security Program Report annually to OMB

– Adequacy of security program– Address adequacy in plans and reports relating to annual

budgets– Significant deficiency

Continuously Evolving

The Evolution of FISMA Compliance

Continuous Monitoring Timely, and Role-relevant Information Outcome-based Metrics

– “metrics are a policy statement about what Federal entities should concentrate resources on”

Monthly Data Feeds Directly from Security Management Tools (CyberScope)

Government-wide Benchmarking on Security Posture (Questionnaire)

Agency-specific interviews (CyberStat with DHS)

This process is designed to shift our efforts away from a culture of paperwork reports. The focus must be on implementing solutions that actually improve security.

FISMA Reporting Metrics

Administration Priorities (AP) Key FISMA Metrics (KFM) Baseline Questions (Base)

Knowledge Check

This law gave OMB the authority to define policies for US Government Agencies.

This law assigned responsibilities to NIST for creating standards and guidelines relating to securing Federal information systems.

This OMB program provides a structure for Agencies to identify business processes.

NIST - NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

Section B

NIST, Computer Security Division

Federal Information Security Management Act (FISMA) Implementation ProjectProtecting the Nation's Critical Information Infrastructure

Standards for categorizing (FIPS 199) Standards for minimum security requirements (FIPS 200) Guidance for selecting security controls (SP 800-53) Guidance for assessing security controls (SP 800-53a) Guidance for the security authorization (SP 800-37) Guidance for monitoring the security controls

(SP 800-137) Guidance for identifying National Security Systems (800-

59)

Risk Management Framework

OMB – OFFICE OF MANAGEMENT AND BUDGET

Section C

The Management Side of OMB

Office of Federal Financial Management Office of Federal Procurement Policy Office of E-Government and Information Technology Office of Performance and Personnel Management Office of Information and Regulatory Affairs

OMB Instructions

Circulars “A-”– Budget – State and Local Governments – Educational and Non-Profit Institutions – Federal Procurement – Federal Financial Management – Federal Information Resources / Data Collection – Other Special Purpose

Memoranda “M-”– Providing further explanation and guidance

OMB Circular A-130

Establishes policy for the Management of Federal Information Resources

Issued under the authority of the Paperwork Reduction Act and Clinger-Cohen Act

Appendix I Federal Agency Responsibilities for Maintaining Records about Individuals – Guidance for implementing Privacy Act of 1974

Appendix III Security of Federal Automated Information Resources– Establishes concept of a minimum set of security controls– Establishes key definitions used by NIST Special Publications

OMB A-130 Background

Privacy Act of 1974 Paperwork Reduction Act 1980 Computer Security Act of 1987 Clinger-Cohen Act of 1996 Gov’t Paperwork Elimination Act of 1998

OMB A-130, Appendix III

Definitions– GSS General Support System– MA Major Application– Adequate security

Assignment of Responsibilities Reporting

– Deficiencies & Corrective Actions– Security Plan Summary

OMB Memoranda

General Guidance– POAMs– Continuity Plans– FDCC– Trusted Internet Connections

Reporting Guidance– GISRA– FISMA– Incidents involving PII

Policies– Federal Agency Public Websites– “File Sharing” Technology

Implementation Guidance– Government Paperwork Elimination Act– E-Government Act– HSPDs

Trusted Internet ConnectionsM-09-32

Inventory External Connections Meet TIC Critical Technical Capabilities Implement Critical TIC capabilities Acquire Telecommunications Connectivity

Through Networx Contract Consolidate External Connections Through

Approved Access Points (TICAPS)

CIO Reporting Metric #7 Boundary Protection

Target Level for 2014

Reporting Instructions (Changes)OMB M-11-33/ FISM 11-02/FISM 12-02

CyberScope– …collection of data should be a by-product of existing continuous

monitoring processes, not a bolt-on activity that redirects valuable resources from important mission activities.

– Monthly Data Feeds– Quarterly Reporting – Annual Reporting (Mid-November)– Information Security Questions – CyberStat Review (Conducted by DHS) Sessions and Agency

Interviews

FAQ (9) Must the DoD and the ODNI follow OMB policy and NIST guidelines? YES!!

FAQ (34) Is Reauthorization Required Every 3 Years… NO! FAQ (42) Mandatory use of secure configurations (USGCB)

Reporting Instructions (Changes)FY2013 and FY2014

OMB Guidance Continues to evolve in M-14-04.

Key changes occurred in the following areas:1. Increased emphasis on privacy controls

1. Authorizations to Operate (ATO) require Senior Agency Official for Privacy to sign off.

2. SP 800-53 Rev 4 – Appendix J Privacy Controls added to mandatory controls baseline

2. POA&Ms now only track security weaknesses that will be remediated.

3. Monthly and quarterly reporting of CIO metrics required of all “CIO Council member agencies” vs. smaller list of 24 CFO Act agencies.

Reporting Instructions (Changes)FY2013 and FY2014

4. Continuous Monitoring – rebranded as Information Security Continuous Monitoring (ISCM)

5. Security Overlays – Develop set of security controls to address unique threat profile for community-wide use (health care, intelligence, industrial control systems, cloud computing). New concept from 800-53 Rev 4.

6. Mobile Device Security – added emphasis that data protection (i.e. encryption) and remote access security controls apply to mobile devices

Standardized Desktop OS Configuration Settings

Federal Desktop Core Configuration (FDCC)– Windows XP & Vista

US Gov’t Baseline Configuration (USGBC)– Windows 7 & IE 8– Red Hat Enterprise Desktop Linux– In Development: Mac OS X & Windows 8

Security Content Automation Protocol (S-CAP)

Privacy & Privacy ReportingM-07-16

Safeguarding PII Breach Notification Policy SAOP Reporting Metrics FY2012

– Information Security Systems (w/PII)– PIAs and SORNs– Privacy Training– PIA and Web Privacy Policies and Processes– Written Privacy Complaints– SAOP Advice and Guidance– Agency Use of Web Management and Customization

Technologies (e.g., “cookies,” “tracking technologies”)

Privacy & Privacy ReportingM-14-04 & DHS Privacy Metrics

Privacy in OMB’s FY2014 Instructions1. NIST SP 800-53 Appendix J Privacy Controls

implementation is mandatory.

2. Privacy Controls and practices may be considered an agency “common control.”

3. SOAP approval required for ATO of GSS or MA

DHS FY2014 SAOP FISMA Privacy Metrics• 10 questions covering privacy requirements from the

Privacy Act of 1974, E-Gov’t Act of 2002, and Federal Agency Data Mining Reporting Act of 2007

Knowledge Check

This document provides a policy framework for information resources management across the Federal government.

This OMB memo requires that agencies safeguard against and respond to breaches of personally identifiable information.

Name an initiative to create security configuration baselines for Information Technology products widely deployed across the federal agencies.

Agencies are required to adhere to DHS’ direction to report data through this automated reporting tool. What is the required frequency of these data feeds?

The OMB A-130’s stated requirement for reauthorization is at least once every 3 years. What must an agency do to waive that requirement?

DHS - DEPARTMENT OF HOMELAND SECURITY

Section D

DHS – Department of Homeland Security

Prevent Terrorism and Enhance Security Secure and Manage our Borders Enforce and Administer our Immigration Laws Safeguard and Secure Cyberspace Ensure Resilience to Disasters

And now… Cybersecurity!

Cybersecurity Responsibilities M-10-28

Office of Management and Budget– Annual FISMA Report to Congress– Cybersecurity Portions of the President’s Budget

Cybersecurity Coordinator– Cybersecurity Strategy and Policy Development

Department of Homeland Security– Critical Infrastructure Protection– US-CERT– Trusted Internet Connection Initiative– Primary Responsibility for the Operational Aspects of

Cybersecurity

Presidential Decision Directives

PDDPresidential Decision Directives

1993–2001 Clinton

NSPDNational Security Presidential Directives

2001–2009 G. W. Bush

HSPDHomeland Security Presidential Directives 2001-

G. W. Bush and Obama

PSDPresidential Study Directives 2009- Obama

PPDPresidential Policy Directives 2009- Obama

Homeland Security Presidential Directives

HSPD-3 – Homeland Security Advisory System HSPD-5 – Management of Domestic Incidents HSPD-7 – Critical Infrastructure Identification,

Prioritization, and Protection PDD-8 – National Preparedness HSPD-12 – Policy for a Common Identification Standard

for Federal Employees and Contractors HSPD-20/NSPD-51 – National Continuity Policy HSPD-24 – Biometrics for Identification and Screening to

Enhance National Security

HHS – HEALTH & HUMAN SERVICES

Section E

History of HIPAA

1996: Health Insurance Portability and Accountability Act (HIPAA)

Directed Secretary of HHS to Develop Standards for Protecting (e-PHI)

Feb 2003: HHS Published the Security Rule Standard Oct 2008: SP 800-66 r1 An Introductory Resource

Guide for Implementing the HIPAA Security Rule– Duplication of Effort… Stove piping?

• e-PHI - Electronic Protected Health Information • SP 800-60, D.14 - Health

2009: Health Information Technology for Economic and Clinical Health (HITECH) Act, part of the American Recovery and Reinvestment Act of 2009 (ARRA)

HITECH = Auditing

ARRA/HITECH: Game Changers

Electronic Health Record (EHR) System – Incentives to Accelerate Adoption of EHR Systems among Providers

Enforcement – Requires Audits for HIPAA Compliance! Notification of Breach - Now Imposes Data Breach

Notification Requirements Electronic Health Record Access – For Providers

implementing HER, Patients Have the Right to Obtain PHI in an Electronic Format (i.e. ePHI).

Business Associates, (Software vendors providing EHR systems) now, Directly "On The Compliance Hook"

Cybersecurity Legislative Proposal

Many New Cyber-related Bills Protecting the American People Protecting our Nation’s Critical Infrastructure Protecting Federal Government Computers and

Networks– The Administration proposal would update FISMA and formalize

DHS’ current role in managing cybersecurity for the Federal Government’s civilian computers and networks, in order to provide departments and agencies with a shared source of expertise.

New NIST Cybersecurity Framework, February 2014

Cybersecurity Framework

Government Laws Key Concepts & Vocabulary

Legislative Milestones– Paperwork Reduction Act of 1980– Computer Security Act of 1987– Clinger-Cohen Act of 1996– Homeland Security Act &

E-Government Act of 2002 (Title III FISMA)

NIST Standards & Guidelines– NIST SP 800-37r1 – Risk Management Framework

OMB Memorandums– M 10-28 Cybersecurity Responsibilities of DHS– FISM 11-01 Trusted Internet Connections– M 07-16 Privacy

DHS & Cybersecurity– M 08-16 Configuration Baselines– FISM 12-02/M 11-33 FISMA Reporting Guidelines– CyberScope

Lab Activity 1 – Searching for Guidance

OMBOversight – Policy

OMB A-130

DHSAuthority -

HSPDsCNSS

NISTGuidance – Standards (FIPS), Guidelines (SP)

Questions?

Next Module: Risk Management Framework