Building by the rules: A crash course for federal technologists

In the overview section, we discussed why policy matters. Now, we’ll explore the types of policies and useful frameworks for understanding how they work.

Web and digital practitioners who work with or for federal agencies are often tasked with implementing products within the bounds of existing policies. Knowing the difference between various types of policies proves useful when engaging with stakeholders.

Binding vs. non-binding policies

All policies can be categorized as binding or non-binding. Binding policies carry the force of law. They serve as contracts between you and the government. There are usually penalties or consequences for breaking or dishonoring a binding policy. Non-binding policies offer contracts that carry no legal weight for carrying or not carrying out their terms.

Types of binding policies

Laws or statutes

In the context of the federal government, laws govern agency activities. This includes both financial appropriations and “authorizing or appropriating statutes,” which create new powers or permit something previously prohibited. In short, laws establish broad goals or principles, assign authority or responsibility, and provide resources. Congress — and legislatures at the state or local level — can enact laws through committees, hearings, debates, and votes. In most cases, a chief executive (such a president, governor, or mayor) must sign laws passed by a legislature before they take effect.

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Regulations

Regulations, also known as rules, implement laws. Unlike laws passed by Congress, executive branch agencies put forward regulations and enforce them. Most rules go through a public notice and comment period, also known as a rulemaking process. The process is governed by laws including but not limited to the Administrative Procedure Act (APA) (5 U.S.C. Chapter 5), Congressional Review Act, Paperwork Reduction Act, and the Regulatory Flexibility Act. The process is broken down into three stages: the pre-rule stage, the proposed rule stage, and the final rule stage. As federal web and digital practitioners, it helps to know how your agency rules interact with your work.

Let’s consider an example: the Federal Acquisition Regulation (FAR). All executive agencies abide by the FAR when buying supplies and services with appropriated funds. 41 U.S. Code § 1303 (Functions and authority) is the law that grants the General Services Administration (GSA), the Department of Defense (DOD), and the National Aeronautics and Space Administration (NASA) the authority to maintain the FAR system.

Executive orders

Consider executive orders as “technically” a type of regulation. An executive order is issued by the White House and is used to direct actions for any executive branch agency of the U.S. government. Executive orders are often used to manage operations and respond to emergencies. They may only require internal clearance or communications review. They are exempt from the rulemaking process due to “expressed powers” outlined in the U.S. Constitution.

A recent executive order relevant to federal web and digital practitioners is the Executive Order 14058, Transforming Federal Customer Experience and Service Delivery to Rebuild Trust in Government. This order directs agencies to take accountability for designing and delivering services with a focus on the actual public experience. It asks agencies to provide direct lines of feedback and mechanisms for engaging with the public in designing government programs, products, and services.

Types of non-binding policies

Guidance

Guidance defines standard practice and clarifies ambiguities. It is non-binding in the sense that it is subject to regulations. Subject matter experts write guidance and it may be distributed as a guide, training, or technical assistance. The Office of Management and Budget (OMB) issues guidance for federal policies as memoranda (or memos).

For example, in September 2023, OMB issued M-23-22, Delivering a Digital-First Public Experience, offering policy guidance on how federal agencies should fully implement the 21st Century Integrated Digital Experience Act (21st Century IDEA).

This guidance required that agencies take the following six steps:

1. Identify a digital experience delivery lead
2. Identify public-facing websites
3. Identify and assess top websites
4. Assess common questions and top content for deduplication and search engine optimization (SEO)
5. Assess top tasks for self-service optimization
6. Inventory public services

The law and policy guidance in the memo collectively establish a framework and the requirements for a digital-first public experience. Check out Digital.gov policy page for more information about the requirements for delivering a digital-first public experience.

Priorities and plans

Priorities and plans convey the government’s intentions with respect to a certain topic or challenge. They are written and published by agencies and typically require communications review.

Since 2001, each administration has released a President’s Management Agenda (PMA) to improve how the government operates and performs.

The Biden-Harris PMA established three priorities:

1. Strengthen and Empower the Federal Workforce
2. Improve Customer Experience
3. Manage the Business of Government

At Performance.gov, learn more about the Biden-Harris PMA vision.

Understand the players

From executive priority to product

In his first State of the Union address, President Biden announced his administration’s strategy to address the national mental health crisis. Specifically, this administrative priority tasked the Substance Abuse and Mental Health Administration (SAMHSA) with building “new easy-to-access, user-friendly online treatment locator tools so Americans can find care when they need it, where they need it, with the click of a button.” SAMHSA partnered with the Centers for Medicare and Medicaid Services (CMS) and the Digital Service at CMS to tackle this opportunity as a cross-agency team.

Identifying how policy interacts with product

Not every federal statute greatly impacts product development and maintenance. However, as web and digital practitioners we must be aware about policy, ask questions about how it works, and be proactive in understanding how it may impact our work.

The remainder of this guide focuses on four key federal statutes and considerations they aim to address, as outlined in the below table. After introducing each, we use FindSupport.gov as a case study to demonstrate how policy and product development interact. These considerations are useful for framing how tech teams in government approach product development.

Check out the next section that discusses information collection and the Paperwork Reduction Act.