-CITE-
    44 USC CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION
           POLICY                                          01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY

-HEAD-
          CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY      


-MISC1-
                 SUBCHAPTER I - FEDERAL INFORMATION POLICY             
    Sec.                                                     
    3501.       Purposes.                                             
    3502.       Definitions.                                          
    3503.       Office of Information and Regulatory Affairs.         
    3504.       Authority and functions of Director.                  
    3505.       Assignment of tasks and deadlines.                    
    3506.       Federal agency responsibilities.                      
    3507.       Public information collection activities; submission
                 to Director; approval and delegation.                
    3508.       Determination of necessity for information; hearing.  
    3509.       Designation of central collection agency.             
    3510.       Cooperation of agencies in making information
                 available.                                           
    3511.       Establishment and operation of Government Information
                 Locator Service.                                     
    3512.       Public protection.                                    
    3513.       Director review of agency activities; reporting;
                 agency response.                                     
    3514.       Responsiveness to Congress.                           
    3515.       Administrative powers.                                
    3516.       Rules and regulations.                                
    3517.       Consultation with other agencies and the public.      
    3518.       Effect on existing laws and regulations.              
    3519.       Access to information.                                
    3520.       Establishment of task force on information collection
                 and dissemination.                                   
    3521.       Authorization of appropriations.                      

                   SUBCHAPTER II - INFORMATION SECURITY               
    3531.       Purposes.                                             
    3532.       Definitions.                                          
    3533.       Authority and functions of the Director.              
    3534.       Federal agency responsibilities.                      
    3535.       Annual independent evaluation.                        
    3536.       National security systems.                            
    3537.       Authorization of appropriations.                      
    3538.       Effect on existing law.                               

                   SUBCHAPTER III - INFORMATION SECURITY               
    3541.       Purposes.                                             
    3542.       Definitions.                                          
    3543.       Authority and functions of the Director.              
    3544.       Federal agency responsibilities.                      
    3545.       Annual independent evaluation.                        
    3546.       Federal information security incident center.         
    3547.       National security systems.                            
    3548.       Authorization of appropriations.                      
    3549.       Effect on existing law.                               

                                AMENDMENTS                            
      2002 - Pub. L. 107-347, title III, Sec. 301(b)(2), Dec. 17, 2002,
    116 Stat. 2955, added heading for subchapter III and items 3541 to
    3549.
      Pub. L. 107-296, title X, Sec. 1001(b)(2), Nov. 25, 2002, 116
    Stat. 2267, reenacted items 3531 to 3535 without change,
    substituted "National security systems" for "Expiration" in item
    3536, and added items 3537 and 3538.
      Pub. L. 107-198, Sec. 3(b), June 28, 2002, 116 Stat. 732, added
    item 3520 and renumbered former item 3520 as 3521.
      2000 - Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.
    1064(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275, inserted
    subchapters I and II headings and added items 3531 to 3536.
      1995 - Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 163,
    amended chapter heading and analysis generally.
      1980 - Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat. 2812,
    substituted in chapter heading "INFORMATION POLICY" for "REPORTING
    SERVICES", and amended analysis generally.

-End-


-CITE-
    44 USC SUBCHAPTER I - FEDERAL INFORMATION POLICY            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
                 SUBCHAPTER I - FEDERAL INFORMATION POLICY             


-MISC1-
                                AMENDMENTS                            
      2000 - Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.
    1064(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275, inserted
    subchapter heading.

-End-



-CITE-
    44 USC Sec. 3501                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3501. Purposes

-STATUTE-
      The purposes of this subchapter are to - 
        (1) minimize the paperwork burden for individuals, small
      businesses, educational and nonprofit institutions, Federal
      contractors, State, local and tribal governments, and other
      persons resulting from the collection of information by or for
      the Federal Government;
        (2) 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;
        (3) coordinate, integrate, and to the extent practicable and
      appropriate, make uniform Federal information resources
      management policies and practices as a means to improve the
      productivity, efficiency, and effectiveness of Government
      programs, including the reduction of information collection
      burdens on the public and the improvement of service delivery to
      the public;
        (4) improve the quality and use of Federal information to
      strengthen decisionmaking, accountability, and openness in
      Government and society;
        (5) minimize the cost to the Federal Government of the
      creation, collection, maintenance, use, dissemination, and
      disposition of information;
        (6) strengthen the partnership between the Federal Government
      and State, local, and tribal governments by minimizing the burden
      and maximizing the utility of information created, collected,
      maintained, used, disseminated, and retained by or for the
      Federal Government;
        (7) provide for the dissemination of public information on a
      timely basis, on equitable terms, and in a manner that promotes
      the utility of the information to the public and makes effective
      use of information technology;
        (8) ensure that the creation, collection, maintenance, use,
      dissemination, and disposition of information by or for the
      Federal Government is consistent with applicable laws, including
      laws relating to - 
          (A) privacy and confidentiality, including section 552a of
        title 5;
          (B) security of information, including section 11332 of title
        40 (!1) ; and

          (C) access to information, including section 552 of title 5;

        (9) ensure the integrity, quality, and utility of the Federal
      statistical system;
        (10) ensure that information technology is acquired, used, and
      managed to improve performance of agency missions, including the
      reduction of information collection burdens on the public; and
        (11) improve the responsibility and accountability of the
      Office of Management and Budget and all other Federal agencies to
      Congress and to the public for implementing the information
      collection review process, information resources management, and
      related policies and guidelines established under this
      subchapter.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 163; amended
    Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
    2000, 114 Stat. 1654, 1654A-275; Pub. L. 107-217, Sec. 3(l)(3),
    Aug. 21, 2002, 116 Stat. 1301.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 11332 of title 40, referred to in par. (8)(B), was
    repealed by Pub. L. 107-296, title X, Sec. 1005(a)(1), Nov. 25,
    2002, 116 Stat. 2272, and Pub. L. 107-347, title III, Sec. 305(a),
    Dec. 17, 2002, 116 Stat. 2960.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3501, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2812; amended Pub. L. 99-500, Sec. 101(m) [title
    VIII, Sec. 811], Oct. 18, 1986, 100 Stat. 1783-308, 1783-335, and
    Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 811], Oct. 30, 1986,
    100 Stat. 3341-308, 3341-335, related to purposes of this chapter
    prior to the general amendment of this chapter by Pub. L. 104-13.
      Another prior section 3501, Pub. L. 90-620, Oct. 22, 1968, 82
    Stat. 1302, related to information for Federal agencies, prior to
    the general amendment of this chapter by Pub. L. 96-511.

                                AMENDMENTS                            
      2002 - Par. (8)(B). Pub. L. 107-217 substituted "section 11332 of
    title 40" for "the Computer Security Act of 1987 (Public Law 100-
    235)".
      2000 - Pub. L. 106-398 substituted "subchapter" for "chapter" in
    introductory provisions and in par. (11).

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
    2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-
    398, set out as an Effective Date note under section 3531 of this
    title.

                              EFFECTIVE DATE                          
      Section 4 of Pub. L. 104-13 provided that:
      "(a) In General. - Except as otherwise provided in this section,
    this Act [enacting this chapter, amending section 91 of Title 13,
    Census, and enacting provisions set out as a note under section 101
    of this title] and the amendments made by this Act shall take
    effect on October 1, 1995.
      "(b) Authorization of Appropriations. - Section 3520 [now 3521]
    of title 44, United States Code, as amended by this Act, shall take
    effect on the date of enactment of this Act [May 22, 1995].
      "(c) Delayed Application. - In the case of a collection of
    information for which there is in effect on September 30, 1995, a
    control number issued by the Office of Management and Budget under
    chapter 35 of title 44, United States Code - 
        "(1) the amendments made by this Act [enacting this chapter and
      amending section 91 of Title 13] shall apply to the collection of
      information beginning on the earlier of - 
          "(A) the first renewal or modification of that collection of
        information after September 30, 1995; or
          "(B) the expiration of its control number after September 30,
        1995.
        "(2) prior to such renewal, modification, or expiration, the
      collection of information shall be subject to chapter 35 of title
      44, United States Code, as in effect on September 30, 1995."

                                SHORT TITLE                            
      This chapter is popularly known as the "Paperwork Reduction Act".

    FEDERAL MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT SERVICES
      Pub. L. 107-347, title II, Dec. 17, 2002, 116 Stat. 2910, as
    amended by Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814;
    Pub. L. 108-281, Sec. 1, Aug. 2, 2004, 118 Stat. 889, provided
    that:

      "SEC. 201. DEFINITIONS.
      "Except as otherwise provided, in this title the definitions
    under sections 3502 and 3601 of title 44, United States Code, shall
    apply.

      "SEC. 202. FEDERAL AGENCY RESPONSIBILITIES.
      "(a) In General. - The head of each agency shall be responsible
    for - 
        "(1) complying with the requirements of this Act [see Tables
      for classification] (including the amendments made by this Act),
      the related information resource management policies and guidance
      established by the Director of the Office of Management and
      Budget, and the related information technology standards
      promulgated by the Secretary of Commerce;
        "(2) ensuring that the information resource management policies
      and guidance established under this Act by the Director, and the
      related information technology standards promulgated by the
      Secretary of Commerce are communicated promptly and effectively
      to all relevant officials within their agency; and
        "(3) supporting the efforts of the Director and the
      Administrator of the General Services Administration to develop,
      maintain, and promote an integrated Internet-based system of
      delivering Federal Government information and services to the
      public under section 204.
      "(b) Performance Integration. - 
        "(1) Agencies shall develop performance measures that
      demonstrate how electronic government enables progress toward
      agency objectives, strategic goals, and statutory mandates.
        "(2) In measuring performance under this section, agencies
      shall rely on existing data collections to the extent
      practicable.
        "(3) Areas of performance measurement that agencies should
      consider include - 
          "(A) customer service;
          "(B) agency productivity; and
          "(C) adoption of innovative information technology, including
        the appropriate use of commercial best practices.
        "(4) Agencies shall link their performance goals, as
      appropriate, to key groups, including citizens, businesses, and
      other governments, and to internal Federal Government operations.
        "(5) As appropriate, agencies shall work collectively in
      linking their performance goals to groups identified under
      paragraph (4) and shall use information technology in delivering
      Government information and services to those groups.
      "(c) Avoiding Diminished Access. - When promulgating policies and
    implementing programs regarding the provision of Government
    information and services over the Internet, agency heads shall
    consider the impact on persons without access to the Internet, and
    shall, to the extent practicable - 
        "(1) ensure that the availability of Government information and
      services has not been diminished for individuals who lack access
      to the Internet; and
        "(2) pursue alternate modes of delivery that make Government
      information and services more accessible to individuals who do
      not own computers or lack access to the Internet.
      "(d) Accessibility to People With Disabilities. - All actions
    taken by Federal departments and agencies under this Act [see
    Tables for classification] shall be in compliance with section 508
    of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
      "(e) Sponsored Activities. - Agencies shall sponsor activities
    that use information technology to engage the public in the
    development and implementation of policies and programs.
      "(f) Chief Information Officers. - The Chief Information Officer
    of each of the agencies designated under chapter 36 of title 44,
    United States Code (as added by this Act) shall be responsible for -
     
        "(1) participating in the functions of the Chief Information
      Officers Council; and
        "(2) monitoring the implementation, within their respective
      agencies, of information technology standards promulgated by the
      Secretary of Commerce, including common standards for
      interconnectivity and interoperability, categorization of Federal
      Government electronic information, and computer system efficiency
      and security.
      "(g) E-Government Status Report. - 
        "(1) In general. - Each agency shall compile and submit to the
      Director an annual E-Government Status Report on - 
          "(A) the status of the implementation by the agency of
        electronic government initiatives;
          "(B) compliance by the agency with this Act [see Tables for
        classification]; and
          "(C) how electronic Government initiatives of the agency
        improve performance in delivering programs to constituencies.
        "(2) Submission. - Each agency shall submit an annual report
      under this subsection - 
          "(A) to the Director at such time and in such manner as the
        Director requires;
          "(B) consistent with related reporting requirements; and
          "(C) which addresses any section in this title relevant to
        that agency.
      "(h) Use of Technology. - Nothing in this Act [see Tables for
    classification] supersedes the responsibility of an agency to use
    or manage information technology to deliver Government information
    and services that fulfill the statutory mission and programs of the
    agency.
      "(i) National Security Systems. - 
        "(1) Inapplicability. - Except as provided under paragraph (2),
      this title does not apply to national security systems as defined
      in section 11103 of title 40, United States Code.
        "(2) Applicability. - This section, section 203, and section
      214 do apply to national security systems to the extent
      practicable and consistent with law.

      "SEC. 203. COMPATIBILITY OF EXECUTIVE AGENCY METHODS FOR USE AND
        ACCEPTANCE OF ELECTRONIC SIGNATURES.
      "(a) Purpose. - The purpose of this section is to achieve
    interoperable implementation of electronic signatures for
    appropriately secure electronic transactions with Government.
      "(b) Electronic Signatures. - In order to fulfill the objectives
    of the Government Paperwork Elimination Act (Public Law 105-277;
    112 Stat. 2681-749 through 2681-751) [44 U.S.C. 3504 note], each
    Executive agency (as defined under section 105 of title 5, United
    States Code) shall ensure that its methods for use and acceptance
    of electronic signatures are compatible with the relevant policies
    and procedures issued by the Director.
      "(c) Authority for Electronic Signatures. - The Administrator of
    General Services shall support the Director by establishing a
    framework to allow efficient interoperability among Executive
    agencies when using electronic signatures, including processing of
    digital signatures.
      "(d) Authorization of Appropriations. - There are authorized to
    be appropriated to the General Services Administration, to ensure
    the development and operation of a Federal bridge certification
    authority for digital signature compatibility, and for other
    activities consistent with this section, $8,000,000 or such sums as
    are necessary in fiscal year 2003, and such sums as are necessary
    for each fiscal year thereafter.

      "SEC. 204. FEDERAL INTERNET PORTAL.
      "(a) In General. - 
        "(1) Public access. - The Director shall work with the
      Administrator of the General Services Administration and other
      agencies to maintain and promote an integrated Internet-based
      system of providing the public with access to Government
      information and services.
        "(2) Criteria. - To the extent practicable, the integrated
      system shall be designed and operated according to the following
      criteria:
          "(A) The provision of Internet-based Government information
        and services directed to key groups, including citizens,
        business, and other governments, and integrated according to
        function or topic rather than separated according to the
        boundaries of agency jurisdiction.
          "(B) An ongoing effort to ensure that Internet-based
        Government services relevant to a given citizen activity are
        available from a single point.
          "(C) Access to Federal Government information and services
        consolidated, as appropriate, with Internet-based information
        and services provided by State, local, and tribal governments.
          "(D) Access to Federal Government information held by 1 or
        more agencies shall be made available in a manner that protects
        privacy, consistent with law.
      "(b) Authorization of Appropriations. - There are authorized to
    be appropriated to the General Services Administration $15,000,000
    for the maintenance, improvement, and promotion of the integrated
    Internet-based system for fiscal year 2003, and such sums as are
    necessary for fiscal years 2004 through 2007.

      "SEC. 205. FEDERAL COURTS.
      "(a) Individual Court Websites. - The Chief Justice of the United
    States, the chief judge of each circuit and district and of the
    Court of Federal Claims, and the chief bankruptcy judge of each
    district shall cause to be established and maintained, for the
    court of which the judge is chief justice or judge, a website that
    contains the following information or links to websites with the
    following information:
        "(1) Location and contact information for the courthouse,
      including the telephone numbers and contact names for the clerk's
      office and justices' or judges' chambers.
        "(2) Local rules and standing or general orders of the court.
        "(3) Individual rules, if in existence, of each justice or
      judge in that court.
        "(4) Access to docket information for each case.
        "(5) Access to the substance of all written opinions issued by
      the court, regardless of whether such opinions are to be
      published in the official court reporter, in a text searchable
      format.
        "(6) Access to documents filed with the courthouse in
      electronic form, to the extent provided under subsection (c).
        "(7) Any other information (including forms in a format that
      can be downloaded) that the court determines useful to the
      public.
      "(b) Maintenance of Data Online. - 
        "(1) Update of information. - The information and rules on each
      website shall be updated regularly and kept reasonably current.
        "(2) Closed cases. - Electronic files and docket information
      for cases closed for more than 1 year are not required to be made
      available online, except all written opinions with a date of
      issuance after the effective date of this section [see Effective
      Date note set out under section 3601 of this title] shall remain
      available online.
      "(c) Electronic Filings. - 
        "(1) In general. - Except as provided under paragraph (2) or in
      the rules prescribed under paragraph (3), each court shall make
      any document that is filed electronically publicly available
      online. A court may convert any document that is filed in paper
      form to electronic form. To the extent such conversions are made,
      all such electronic versions of the document shall be made
      available online.
        "(2) Exceptions. - Documents that are filed that are not
      otherwise available to the public, such as documents filed under
      seal, shall not be made available online.
        "(3) Privacy and security concerns. - 
          "(A)(i) The Supreme Court shall prescribe rules, in
        accordance with sections 2072 and 2075 of title 28, United
        States Code, to protect privacy and security concerns relating
        to electronic filing of documents and the public availability
        under this subsection of documents filed electronically or
        converted to electronic form.
          "(ii) Such rules shall provide to the extent practicable for
        uniform treatment of privacy and security issues throughout the
        Federal courts.
          "(iii) Such rules shall take into consideration best
        practices in Federal and State courts to protect private
        information or otherwise maintain necessary information
        security.
          "(iv) Except as provided in clause (v), to the extent that
        such rules provide for the redaction of certain categories of
        information in order to protect privacy and security concerns,
        such rules shall provide that a party that wishes to file an
        otherwise proper document containing such protected information
        may file an unredacted document under seal, which shall be
        retained by the court as part of the record, and which, at the
        discretion of the court and subject to any applicable rules
        issued in accordance with chapter 131 of title 28, United
        States Code, shall be either in lieu of, or in addition to, a
        redacted copy in the public file.
          "(v) Such rules may require the use of appropriate redacted
        identifiers in lieu of protected information described in
        clause (iv) in any pleading, motion, or other paper filed with
        the court (except with respect to a paper that is an exhibit or
        other evidentiary matter, or with respect to a reference list
        described in this subclause), or in any written discovery
        response - 
            "(I) by authorizing the filing under seal, and permitting
          the amendment as of right under seal, of a reference list
          that - 
         "(aa) identifies each item of unredacted protected information
          that the attorney or, if there is no attorney, the party,
          certifies is relevant to the case; and
         "(bb) specifies an appropriate redacted identifier that
          uniquely corresponds to each item of unredacted protected
          information listed; and
            "(II) by providing that all references in the case to the
          redacted identifiers in such reference list shall be
          construed, without more, to refer to the corresponding
          unredacted item of protected information.
          "(B)(i) Subject to clause (ii), the Judicial Conference of
        the United States may issue interim rules, and interpretive
        statements relating to the application of such rules, which
        conform to the requirements of this paragraph and which shall
        cease to have effect upon the effective date of the rules
        required under subparagraph (A).
          "(ii) Pending issuance of the rules required under
        subparagraph (A), any rule or order of any court, or of the
        Judicial Conference, providing for the redaction of certain
        categories of information in order to protect privacy and
        security concerns arising from electronic filing or electronic
        conversion shall comply with, and be construed in conformity
        with, subparagraph (A)(iv).
          "(C) Not later than 1 year after the rules prescribed under
        subparagraph (A) take effect, and every 2 years thereafter, the
        Judicial Conference shall submit to Congress a report on the
        adequacy of those rules to protect privacy and security.
      "(d) Dockets With Links to Documents. - The Judicial Conference
    of the United States shall explore the feasibility of technology to
    post online dockets with links allowing all filings, decisions, and
    rulings in each case to be obtained from the docket sheet of that
    case.
      "(e) Cost of Providing Electronic Docketing Information. -
    [Amended section 303(a) of Pub. L. 102-140, set out as a note under
    section 1913 of Title 28, Judiciary and Judicial Procedure.]
      "(f) Time Requirements. - Not later than 2 years after the
    effective date of this title [see Effective Date note set out under
    section 3601 of this title], the websites under subsection (a)
    shall be established, except that access to documents filed in
    electronic form shall be established not later than 4 years after
    that effective date.
      "(g) Deferral. - 
        "(1) In general. - 
          "(A) Election. - 
            "(i) Notification. - The Chief Justice of the United
          States, a chief judge, or chief bankruptcy judge may submit a
          notification to the Administrative Office of the United
          States Courts to defer compliance with any requirement of
          this section with respect to the Supreme Court, a court of
          appeals, district, or the bankruptcy court of a district.
            "(ii) Contents. - A notification submitted under this
          subparagraph shall state - 
         "(I) the reasons for the deferral; and
         "(II) the online methods, if any, or any alternative methods,
          such court or district is using to provide greater public
          access to information.
          "(B) Exception. - To the extent that the Supreme Court, a
        court of appeals, district, or bankruptcy court of a district
        maintains a website under subsection (a), the Supreme Court or
        that court of appeals or district shall comply with subsection
        (b)(1).
        "(2) Report. - Not later than 1 year after the effective date
      of this title [see Effective Date note set out under section 3601
      of this title], and every year thereafter, the Judicial
      Conference of the United States shall submit a report to the
      Committees on Governmental Affairs and the Judiciary of the
      Senate and the Committees on Government Reform and the Judiciary
      of the House of Representatives that - 
          "(A) contains all notifications submitted to the
        Administrative Office of the United States Courts under this
        subsection; and
          "(B) summarizes and evaluates all notifications.

      "SEC. 206. REGULATORY AGENCIES.
      "(a) Purposes. - The purposes of this section are to - 
        "(1) improve performance in the development and issuance of
      agency regulations by using information technology to increase
      access, accountability, and transparency; and
        "(2) enhance public participation in Government by electronic
      means, consistent with requirements under subchapter II of
      chapter 5 of title 5, United States Code, (commonly referred to
      as the 'Administrative Procedures Act').
      "(b) Information Provided by Agencies Online. - To the extent
    practicable as determined by the agency in consultation with the
    Director, each agency (as defined under section 551 of title 5,
    United States Code) shall ensure that a publicly accessible Federal
    Government website includes all information about that agency
    required to be published in the Federal Register under paragraphs
    (1) and (2) of section 552(a) of title 5, United States Code.
      "(c) Submissions by Electronic Means. - To the extent
    practicable, agencies shall accept submissions under section 553(c)
    of title 5, United States Code, by electronic means.
      "(d) Electronic Docketing. - 
        "(1) In general. - To the extent practicable, as determined by
      the agency in consultation with the Director, agencies shall
      ensure that a publicly accessible Federal Government website
      contains electronic dockets for rulemakings under section 553 of
      title 5, United States Code.
        "(2) Information available. - Agency electronic dockets shall
      make publicly available online to the extent practicable, as
      determined by the agency in consultation with the Director - 
          "(A) all submissions under section 553(c) of title 5, United
        States Code; and
          "(B) other materials that by agency rule or practice are
        included in the rulemaking docket under section 553(c) of title
        5, United States Code, whether or not submitted electronically.
      "(e) Time Limitation. - Agencies shall implement the requirements
    of this section consistent with a timetable established by the
    Director and reported to Congress in the first annual report under
    section 3606 of title 44 (as added by this Act).

      "SEC. 207. ACCESSIBILITY, USABILITY, AND PRESERVATION OF
        GOVERNMENT INFORMATION.
      "(a) Purpose. - The purpose of this section is to improve the
    methods by which Government information, including information on
    the Internet, is organized, preserved, and made accessible to the
    public.
      "(b) Definitions. - In this section, the term - 
        "(1) 'Committee' means the Interagency Committee on Government
      Information established under subsection (c); and
        "(2) 'directory' means a taxonomy of subjects linked to
      websites that - 
          "(A) organizes Government information on the Internet
        according to subject matter; and
          "(B) may be created with the participation of human editors.
      "(c) Interagency Committee. - 
        "(1) Establishment. - Not later than 180 days after the date of
      enactment of this title [Dec. 17, 2002], the Director shall
      establish the Interagency Committee on Government Information.
        "(2) Membership. - The Committee shall be chaired by the
      Director or the designee of the Director and - 
          "(A) shall include representatives from - 
            "(i) the National Archives and Records Administration;
            "(ii) the offices of the Chief Information Officers from
          Federal agencies; and
            "(iii) other relevant officers from the executive branch;
          and
          "(B) may include representatives from the Federal legislative
        and judicial branches.
        "(3) Functions. - The Committee shall - 
          "(A) engage in public consultation to the maximum extent
        feasible, including consultation with interested communities
        such as public advocacy organizations;
          "(B) conduct studies and submit recommendations, as provided
        under this section, to the Director and Congress; and
          "(C) share effective practices for access to, dissemination
        of, and retention of Federal information.
        "(4) Termination. - The Committee may be terminated on a date
      determined by the Director, except the Committee may not
      terminate before the Committee submits all recommendations
      required under this section.
      "(d) Categorizing of Information. - 
        "(1) Committee functions. - Not later than 2 years after the
      date of enactment of this Act [Dec. 17, 2002], the Committee
      shall submit recommendations to the Director on - 
          "(A) the adoption of standards, which are open to the maximum
        extent feasible, to enable the organization and categorization
        of Government information - 
            "(i) in a way that is searchable electronically, including
          by searchable identifiers; and
            "(ii) in ways that are interoperable across agencies;
          "(B) the definition of categories of Government information
        which should be classified under the standards; and
          "(C) determining priorities and developing schedules for the
        initial implementation of the standards by agencies.
        "(2) Functions of the director. - Not later than 1 year after
      the submission of recommendations under paragraph (1), the
      Director shall issue policies - 
          "(A) requiring that agencies use standards, which are open to
        the maximum extent feasible, to enable the organization and
        categorization of Government information - 
            "(i) in a way that is searchable electronically, including
          by searchable identifiers;
            "(ii) in ways that are interoperable across agencies; and
            "(iii) that are, as appropriate, consistent with the
          provisions under section 3602(f)(8) of title 44, United
          States Code;
          "(B) defining categories of Government information which
        shall be required to be classified under the standards; and
          "(C) determining priorities and developing schedules for the
        initial implementation of the standards by agencies.
        "(3) Modification of policies. - After the submission of agency
      reports under paragraph (4), the Director shall modify the
      policies, as needed, in consultation with the Committee and
      interested parties.
        "(4) Agency functions. - Each agency shall report annually to
      the Director, in the report established under section 202(g), on
      compliance of that agency with the policies issued under
      paragraph (2)(A).
      "(e) Public Access to Electronic Information. - 
        "(1) Committee functions. - Not later than 2 years after the
      date of enactment of this Act [Dec. 17, 2002], the Committee
      shall submit recommendations to the Director and the Archivist of
      the United States on - 
          "(A) the adoption by agencies of policies and procedures to
        ensure that chapters 21, 25, 27, 29, and 31 of title 44, United
        States Code, are applied effectively and comprehensively to
        Government information on the Internet and to other electronic
        records; and
          "(B) the imposition of timetables for the implementation of
        the policies and procedures by agencies.
        "(2) Functions of the archivist. - Not later than 1 year after
      the submission of recommendations by the Committee under
      paragraph (1), the Archivist of the United States shall issue
      policies - 
          "(A) requiring the adoption by agencies of policies and
        procedures to ensure that chapters 21, 25, 27, 29, and 31 of
        title 44, United States Code, are applied effectively and
        comprehensively to Government information on the Internet and
        to other electronic records; and
          "(B) imposing timetables for the implementation of the
        policies, procedures, and technologies by agencies.
        "(3) Modification of policies. - After the submission of agency
      reports under paragraph (4), the Archivist of the United States
      shall modify the policies, as needed, in consultation with the
      Committee and interested parties.
        "(4) Agency functions. - Each agency shall report annually to
      the Director, in the report established under section 202(g), on
      compliance of that agency with the policies issued under
      paragraph (2)(A).
      "(f) Agency Websites. - 
        "(1) Standards for agency websites. - Not later than 2 years
      after the effective date of this title [see Effective Date note
      set out under section 3601 of this title], the Director shall
      promulgate guidance for agency websites that includes - 
          "(A) requirements that websites include direct links to - 
            "(i) descriptions of the mission and statutory authority of
          the agency;
            "(ii) information made available to the public under
          subsections (a)(1) and (b) of section 552 of title 5, United
          States Code (commonly referred to as the 'Freedom of
          Information Act');
            "(iii) information about the organizational structure of
          the agency; and
            "(iv) the strategic plan of the agency developed under
          section 306 of title 5, United States Code; and
          "(B) minimum agency goals to assist public users to navigate
        agency websites, including - 
            "(i) speed of retrieval of search results;
            "(ii) the relevance of the results;
            "(iii) tools to aggregate and disaggregate data; and
            "(iv) security protocols to protect information.
        "(2) Agency requirements. - (A) Not later than 2 years after
      the date of enactment of this Act [Dec. 17, 2002], each agency
      shall - 
          "(i) consult with the Committee and solicit public comment;
          "(ii) establish a process for determining which Government
        information the agency intends to make available and accessible
        to the public on the Internet and by other means;
          "(iii) develop priorities and schedules for making Government
        information available and accessible;
          "(iv) make such final determinations, priorities, and
        schedules available for public comment;
          "(v) post such final determinations, priorities, and
        schedules on the Internet; and
          "(vi) submit such final determinations, priorities, and
        schedules to the Director, in the report established under
        section 202(g).
        "(B) Each agency shall update determinations, priorities, and
      schedules of the agency, as needed, after consulting with the
      Committee and soliciting public comment, if appropriate.
        "(3) Public domain directory of public federal government
      websites. - 
          "(A) Establishment. - Not later than 2 years after the
        effective date of this title [see Effective Date note set out
        under section 3601 of this title], the Director and each agency
        shall - 
            "(i) develop and establish a public domain directory of
          public Federal Government websites; and
            "(ii) post the directory on the Internet with a link to the
          integrated Internet-based system established under section
          204.
          "(B) Development. - With the assistance of each agency, the
        Director shall - 
            "(i) direct the development of the directory through a
          collaborative effort, including input from - 
         "(I) agency librarians;
         "(II) information technology managers;
         "(III) program managers;
         "(IV) records managers;
         "(V) Federal depository librarians; and
         "(VI) other interested parties; and
            "(ii) develop a public domain taxonomy of subjects used to
          review and categorize public Federal Government websites.
          "(C) Update. - With the assistance of each agency, the
        Administrator of the Office of Electronic Government shall - 
            "(i) update the directory as necessary, but not less than
          every 6 months; and
            "(ii) solicit interested persons for improvements to the
          directory.
      "(g) Access to Federally Funded Research and Development. - 
        "(1) Development and maintenance of governmentwide repository
      and website. - 
          "(A) Repository and website. - The Director of the Office of
        Management and Budget (or the Director's delegate), in
        consultation with the Director of the Office of Science and
        Technology Policy and other relevant agencies, shall ensure the
        development and maintenance of - 
            "(i) a repository that fully integrates, to the maximum
          extent feasible, information about research and development
          funded by the Federal Government, and the repository shall - 
         "(I) include information about research and development funded
          by the Federal Government, consistent with any relevant
          protections for the information under section 552 of title 5,
          United States Code, and performed by - 
              "(aa) institutions not a part of the Federal Government,
            including State, local, and foreign governments; industrial
            firms; educational institutions; not-for-profit
            organizations; federally funded research and development
            centers; and private individuals; and
              "(bb) entities of the Federal Government, including
            research and development laboratories, centers, and
            offices; and
         "(II) integrate information about each separate research and
          development task or award, including - 
              "(aa) the dates upon which the task or award is expected
            to start and end;
              "(bb) a brief summary describing the objective and the
            scientific and technical focus of the task or award;
              "(cc) the entity or institution performing the task or
            award and its contact information;
              "(dd) the total amount of Federal funds expected to be
            provided to the task or award over its lifetime and the
            amount of funds expected to be provided in each fiscal year
            in which the work of the task or award is ongoing;
              "(ee) any restrictions attached to the task or award that
            would prevent the sharing with the general public of any or
            all of the information required by this subsection, and the
            reasons for such restrictions; and
              "(ff) such other information as may be determined to be
            appropriate; and
            "(ii) 1 or more websites upon which all or part of the
          repository of Federal research and development shall be made
          available to and searchable by Federal agencies and non-
          Federal entities, including the general public, to
          facilitate - 
         "(I) the coordination of Federal research and development
          activities;
         "(II) collaboration among those conducting Federal research
          and development;
         "(III) the transfer of technology among Federal agencies and
          between Federal agencies and non-Federal entities; and
         "(IV) access by policymakers and the public to information
          concerning Federal research and development activities.
          "(B) Oversight. - The Director of the Office of Management
        and Budget shall issue any guidance determined necessary to
        ensure that agencies provide all information requested under
        this subsection.
        "(2) Agency functions. - Any agency that funds Federal research
      and development under this subsection shall provide the
      information required to populate the repository in the manner
      prescribed by the Director of the Office of Management and
      Budget.
        "(3) Committee functions. - Not later than 18 months after the
      date of enactment of this Act [Dec. 17, 2002], working with the
      Director of the Office of Science and Technology Policy, and
      after consultation with interested parties, the Committee shall
      submit recommendations to the Director on - 
          "(A) policies to improve agency reporting of information for
        the repository established under this subsection; and
          "(B) policies to improve dissemination of the results of
        research performed by Federal agencies and federally funded
        research and development centers.
        "(4) Functions of the director. - After submission of
      recommendations by the Committee under paragraph (3), the
      Director shall report on the recommendations of the Committee and
      Director to Congress, in the E-Government report under section
      3606 of title 44 (as added by this Act).
        "(5) Authorization of appropriations. - There are authorized to
      be appropriated for the development, maintenance, and operation
      of the Governmentwide repository and website under this
      subsection - 
          "(A) $2,000,000 in each of the fiscal years 2003 through
        2005; and
          "(B) such sums as are necessary in each of the fiscal years
        2006 and 2007.

      "SEC. 208. PRIVACY PROVISIONS.
      "(a) Purpose. - The purpose of this section is to ensure
    sufficient protections for the privacy of personal information as
    agencies implement citizen-centered electronic Government.
      "(b) Privacy Impact Assessments. - 
        "(1) Responsibilities of agencies. - 
          "(A) In general. - An agency shall take actions described
        under subparagraph (B) before - 
            "(i) developing or procuring information technology that
          collects, maintains, or disseminates information that is in
          an identifiable form; or
            "(ii) initiating a new collection of information that - 
         "(I) will be collected, maintained, or disseminated using
          information technology; and
         "(II) includes any information in an identifiable form
          permitting the physical or online contacting of a specific
          individual, if identical questions have been posed to, or
          identical reporting requirements imposed on, 10 or more
          persons, other than agencies, instrumentalities, or employees
          of the Federal Government.
          "(B) Agency activities. - To the extent required under
        subparagraph (A), each agency shall - 
            "(i) conduct a privacy impact assessment;
            "(ii) ensure the review of the privacy impact assessment by
          the Chief Information Officer, or equivalent official, as
          determined by the head of the agency; and
            "(iii) if practicable, after completion of the review under
          clause (ii), make the privacy impact assessment publicly
          available through the website of the agency, publication in
          the Federal Register, or other means.
          "(C) Sensitive information. - Subparagraph (B)(iii) may be
        modified or waived for security reasons, or to protect
        classified, sensitive, or private information contained in an
        assessment.
          "(D) Copy to director. - Agencies shall provide the Director
        with a copy of the privacy impact assessment for each system
        for which funding is requested.
        "(2) Contents of a privacy impact assessment. - 
          "(A) In general. - The Director shall issue guidance to
        agencies specifying the required contents of a privacy impact
        assessment.
          "(B) Guidance. - The guidance shall - 
            "(i) ensure that a privacy impact assessment is
          commensurate with the size of the information system being
          assessed, the sensitivity of information that is in an
          identifiable form in that system, and the risk of harm from
          unauthorized release of that information; and
            "(ii) require that a privacy impact assessment address - 
         "(I) what information is to be collected;
         "(II) why the information is being collected;
         "(III) the intended use of the agency of the information;
         "(IV) with whom the information will be shared;
         "(V) what notice or opportunities for consent would be
          provided to individuals regarding what information is
          collected and how that information is shared;
         "(VI) how the information will be secured; and
         "(VII) whether a system of records is being created under
          section 552a of title 5, United States Code, (commonly
          referred to as the 'Privacy Act').
        "(3) Responsibilities of the director. - The Director shall - 
          "(A) develop policies and guidelines for agencies on the
        conduct of privacy impact assessments;
          "(B) oversee the implementation of the privacy impact
        assessment process throughout the Government; and
          "(C) require agencies to conduct privacy impact assessments
        of existing information systems or ongoing collections of
        information that is in an identifiable form as the Director
        determines appropriate.
      "(c) Privacy Protections on Agency Websites. - 
        "(1) Privacy policies on websites. - 
          "(A) Guidelines for notices. - The Director shall develop
        guidance for privacy notices on agency websites used by the
        public.
          "(B) Contents. - The guidance shall require that a privacy
        notice address, consistent with section 552a of title 5, United
        States Code - 
            "(i) what information is to be collected;
            "(ii) why the information is being collected;
            "(iii) the intended use of the agency of the information;
            "(iv) with whom the information will be shared;
            "(v) what notice or opportunities for consent would be
          provided to individuals regarding what information is
          collected and how that information is shared;
            "(vi) how the information will be secured; and
            "(vii) the rights of the individual under section 552a of
          title 5, United States Code (commonly referred to as the
          'Privacy Act'), and other laws relevant to the protection of
          the privacy of an individual.
        "(2) Privacy policies in machine-readable formats. - The
      Director shall issue guidance requiring agencies to translate
      privacy policies into a standardized machine-readable format.
      "(d) Definition. - In this section, the term 'identifiable form'
    means any representation of information that permits the identity
    of an individual to whom the information applies to be reasonably
    inferred by either direct or indirect means.

      "SEC. 209. FEDERAL INFORMATION TECHNOLOGY WORKFORCE DEVELOPMENT.
      "(a) Purpose. - The purpose of this section is to improve the
    skills of the Federal workforce in using information technology to
    deliver Government information and services.
      "(b) Workforce Development. - 
        "(1) In general. - In consultation with the Director of the
      Office of Management and Budget, the Chief Information Officers
      Council, and the Administrator of General Services, the Director
      of the Office of Personnel Management shall - 
          "(A) analyze, on an ongoing basis, the personnel needs of the
        Federal Government related to information technology and
        information resource management;
          "(B) identify where current information technology and
        information resource management training do not satisfy the
        personnel needs described in subparagraph (A);
          "(C) oversee the development of curricula, training methods,
        and training priorities that correspond to the projected
        personnel needs of the Federal Government related to
        information technology and information resource management; and
          "(D) assess the training of Federal employees in information
        technology disciplines in order to ensure that the information
        resource management needs of the Federal Government are
        addressed.
        "(2) Information technology training programs. - The head of
      each Executive agency, after consultation with the Director of
      the Office of Personnel Management, the Chief Information
      Officers Council, and the Administrator of General Services,
      shall establish and operate information technology training
      programs consistent with the requirements of this subsection.
      Such programs shall - 
          "(A) have curricula covering a broad range of information
        technology disciplines corresponding to the specific
        information technology and information resource management
        needs of the agency involved;
          "(B) be developed and applied according to rigorous
        standards; and
          "(C) be designed to maximize efficiency, through the use of
        self-paced courses, online courses, on-the-job training, and
        the use of remote instructors, wherever such features can be
        applied without reducing the effectiveness of the training or
        negatively impacting academic standards.
        "(3) Governmentwide policies and evaluation. - The Director of
      the Office of Personnel Management, in coordination with the
      Director of the Office of Management and Budget, shall issue
      policies to promote the development of performance standards for
      training and uniform implementation of this subsection by
      Executive agencies, with due regard for differences in program
      requirements among agencies that may be appropriate and warranted
      in view of the agency mission. The Director of the Office of
      Personnel Management shall evaluate the implementation of the
      provisions of this subsection by Executive agencies.
        "(4) Chief information officer authorities and
      responsibilities. - Subject to the authority, direction, and
      control of the head of an Executive agency, the chief information
      officer of such agency shall carry out all powers, functions, and
      duties of the head of the agency with respect to implementation
      of this subsection. The chief information officer shall ensure
      that the policies of the agency head established in accordance
      with this subsection are implemented throughout the agency.
        "(5) Information technology training reporting. - The Director
      of the Office of Management and Budget shall ensure that the
      heads of Executive agencies collect and maintain standardized
      information on the information technology and information
      resources management workforce related to the implementation of
      this subsection.
        "(6) Authority to detail employees to non-Federal employers. -
      In carrying out the preceding provisions of this subsection, the
      Director of the Office of Personnel Management may provide for a
      program under which a Federal employee may be detailed to a non-
      Federal employer. The Director of the Office of Personnel
      Management shall prescribe regulations for such program,
      including the conditions for service and duties as the Director
      considers necessary.
        "(7) Coordination provision. - An assignment described in
      section 3703 of title 5, United States Code, may not be made
      unless a program under paragraph (6) is established, and the
      assignment is made in accordance with the requirements of such
      program.
        "(8) Employee participation. - Subject to information resource
      management needs and the limitations imposed by resource needs in
      other occupational areas, and consistent with their overall
      workforce development strategies, agencies shall encourage
      employees to participate in occupational information technology
      training.
        "(9) Authorization of Appropriations. - There are authorized to
      be appropriated to the Office of Personnel Management for the
      implementation of this subsection, $15,000,000 in fiscal year
      2003, and such sums as are necessary for each fiscal year
      thereafter.
        "(10) Executive agency defined. - For purposes of this
      subsection, the term 'Executive agency' has the meaning given the
      term 'agency' under section 3701 of title 5, United States Code
      (as added by subsection (c)).
      "(c) Information Technology Exchange Program. - 
        "(1) In general. - [Enacted chapter 37 of Title 5, Government
      Organization and Employees.]
        "(2) Report. - Not later than 4 years after the date of the
      enactment of this Act [Dec. 17, 2002], the Government
      Accountability Office shall prepare and submit to the Committee
      on Government Reform of the House of Representatives and the
      Committee on Governmental Affairs [now Committee on Homeland
      Security and Governmental Affairs] of the Senate a report on the
      operation of chapter 37 of title 5, United States Code (as added
      by this subsection). Such report shall include - 
          "(A) an evaluation of the effectiveness of the program
        established by such chapter; and
          "(B) a recommendation as to whether such program should be
        continued (with or without modification) or allowed to lapse.
        "(3) Clerical Amendment. - [Amended analysis for part III of
      Title 5.]
      "(d) Ethics Provisions. - 
        "(1) One-year restriction on certain communications. - [Amended
      section 207 of Title 18, Crimes and Criminal Procedure.]
        "(2) Disclosure of confidential information. - [Amended section
      1905 of Title 18.]
        "(3) Contract advice. - [Amended section 207 of Title 18.]
        "(4) Restriction on disclosure of procurement information. -
      [Amended section 423 of Title 41, Public Contracts.]
      "(e) Report on Existing Exchange Programs. - 
        "(1) Exchange program defined. - For purposes of this
      subsection, the term 'exchange program' means an executive
      exchange program, the program under subchapter VI of chapter 33
      of title 5, United States Code, and any other program which
      allows for - 
          "(A) the assignment of employees of the Federal Government to
        non-Federal employers;
          "(B) the assignment of employees of non-Federal employers to
        the Federal Government; or
          "(C) both.
        "(2) Reporting requirement. - Not later than 1 year after the
      date of the enactment of this Act [Dec. 17, 2002], the Office of
      Personnel Management shall prepare and submit to the Committee on
      Government Reform of the House of Representatives and the
      Committee on Governmental Affairs [now Committee on Homeland
      Security and Governmental Affairs] of the Senate a report
      identifying all existing exchange programs.
        "(3) Specific information. - The report shall, for each such
      program, include - 
          "(A) a brief description of the program, including its size,
        eligibility requirements, and terms or conditions for
        participation;
          "(B) specific citation to the law or other authority under
        which the program is established;
          "(C) the names of persons to contact for more information,
        and how they may be reached; and
          "(D) any other information which the Office considers
        appropriate.
      "(f) Report on the Establishment of a Governmentwide Information
    Technology Training Program. - 
        "(1) In general. - Not later January 1, 2003, the Office of
      Personnel Management, in consultation with the Chief Information
      Officers Council and the Administrator of General Services, shall
      review and submit to the Committee on Government Reform of the
      House of Representatives and the Committee on Governmental
      Affairs [now Committee on Homeland Security and Governmental
      Affairs] of the Senate a written report on the following:
          "(A) The adequacy of any existing information technology
        training programs available to Federal employees on a
        Governmentwide basis.
          "(B)(i) If one or more such programs already exist,
        recommendations as to how they might be improved.
          "(ii) If no such program yet exists, recommendations as to
        how such a program might be designed and established.
          "(C) With respect to any recommendations under subparagraph
        (B), how the program under chapter 37 of title 5, United States
        Code, might be used to help carry them out.
        "(2) Cost estimate. - The report shall, for any recommended
      program (or improvements) under paragraph (1)(B), include the
      estimated costs associated with the implementation and operation
      of such program as so established (or estimated difference in
      costs of any such program as so improved).
      "(g) Technical and Conforming Amendments. - 
        "(1) Amendments to title 5, united states code. - [Amended
      sections 3111, 4108, and 7353 of Title 5.]
        "(2) Amendment to title 18, united states code. - [Amended
      section 209 of Title 18.]
        "(3) Other amendments. - [Amended section 125(c)(1) of Pub. L.
      100-238, set out as a note under section 8432 of Title 5.]

      "SEC. 210. SHARE-IN-SAVINGS INITIATIVES.
      "(a) Defense Contracts. - [Enacted section 2332 of Title 10,
    Armed Forces.]
      "(b) Other Contracts. - [Enacted section 266a of Title 41.]
      "(c) Development of Incentives. - The Director of the Office of
    Management and Budget shall, in consultation with the Committee on
    Governmental Affairs [now Committee on Homeland Security and
    Governmental Affairs] of the Senate, the Committee on Government
    Reform of the House of Representatives, and executive agencies,
    develop techniques to permit an executive agency to retain a
    portion of the savings (after payment of the contractor's share of
    the savings) derived from share-in-savings contracts as funds are
    appropriated to the agency in future fiscal years.
      "(d) Regulations. - Not later than 270 days after the date of the
    enactment of this Act [Dec. 17, 2002], the Federal Acquisition
    Regulation shall be revised to implement the provisions enacted by
    this section. Such revisions shall - 
        "(1) provide for the use of competitive procedures in the
      selection and award of share-in-savings contracts to - 
          "(A) ensure the contractor's share of savings reflects the
        risk involved and market conditions; and
          "(B) otherwise yield greatest value to the government; and
        "(2) allow appropriate regulatory flexibility to facilitate the
      use of share-in-savings contracts by executive agencies,
      including the use of innovative provisions for technology
      refreshment and nonstandard Federal Acquisition Regulation
      contract clauses.
      "(e) Additional Guidance. - The Administrator of General Services
    shall - 
        "(1) identify potential opportunities for the use of share-in-
      savings contracts; and
        "(2) in consultation with the Director of the Office of
      Management and Budget, provide guidance to executive agencies for
      determining mutually beneficial savings share ratios and
      baselines from which savings may be measured.
      "(f) OMB Report to Congress. - In consultation with executive
    agencies, the Director of the Office of Management and Budget
    shall, not later than 2 years after the date of the enactment of
    this Act [Dec. 17, 2002], submit to Congress a report containing - 
        "(1) a description of the number of share-in-savings contracts
      entered into by each executive agency under by [sic] this section
      and the amendments made by this section, and, for each contract
      identified - 
          "(A) the information technology acquired;
          "(B) the total amount of payments made to the contractor; and
          "(C) the total amount of savings or other measurable benefits
        realized;
        "(2) a description of the ability of agencies to determine the
      baseline costs of a project against which savings can be
      measured; and
        "(3) any recommendations, as the Director deems appropriate,
      regarding additional changes in law that may be necessary to
      ensure effective use of share-in-savings contracts by executive
      agencies.
      "(g) GAO Report to Congress. - The Comptroller General shall, not
    later than 6 months after the report required under subsection (f)
    is submitted to Congress, conduct a review of that report and
    submit to Congress a report containing - 
        "(1) the results of the review;
        "(2) an independent assessment by the Comptroller General of
      the effectiveness of the use of share-in-savings contracts in
      improving the mission-related and administrative processes of the
      executive agencies and the achievement of agency missions; and
        "(3) a recommendation on whether the authority to enter into
      share-in-savings contracts should be continued.
      "(h) Repeal of Share-in-Savings Pilot Program. - 
        "(1) Repeal. - [Repealed section 11521 of Title 40, Public
      Buildings, Property, and Works.]
        "(2) Conforming amendments to pilot program authority. -
      [Amended sections 11501 to 11505 of Title 40.]
        "(3) Additional conforming amendments. - [Redesignated 11522 of
      Title 40 as 11521 and amended headings and analysis.]
      "(i) Definitions. - In this section, the terms 'contractor',
    'savings', and 'share-in-savings contract' have the meanings given
    those terms in section 317 of the Federal Property and
    Administrative Services Act of 1949 [41 U.S.C. 266a] (as added by
    subsection (b)).

      "SEC. 211. AUTHORIZATION FOR ACQUISITION OF INFORMATION
        TECHNOLOGY BY STATE AND LOCAL GOVERNMENTS THROUGH FEDERAL
        SUPPLY SCHEDULES.
      "(a) Authority To Use Certain Supply Schedules. - [Amended
    section 502 of Title 40.]
      "(b) Procedures. - Not later than 30 days after the date of the
    enactment of this Act [Dec. 17, 2002], the Administrator of General
    Services shall establish procedures to implement section 501(c) of
    title 40, United States Code (as added by subsection (a)).
      "(c) Report. - Not later than December 31, 2004, the
    Administrator shall submit to the Committee on Government Reform of
    the House of Representatives and the Committee on Governmental
    Affairs [now Committee on Homeland Security and Governmental
    Affairs] of the Senate a report on the implementation and effects
    of the amendment made by subsection (a).

      "SEC. 212. INTEGRATED REPORTING STUDY AND PILOT PROJECTS.
      "(a) Purposes. - The purposes of this section are to - 
        "(1) enhance the interoperability of Federal information
      systems;
        "(2) assist the public, including the regulated community, in
      electronically submitting information to agencies under Federal
      requirements, by reducing the burden of duplicate collection and
      ensuring the accuracy of submitted information; and
        "(3) enable any person to integrate and obtain similar
      information held by 1 or more agencies under 1 or more Federal
      requirements without violating the privacy rights of an
      individual.
      "(b) Definitions. - In this section, the term - 
        "(1) 'agency' means an Executive agency as defined under
      section 105 of title 5, United States Code; and
        "(2) 'person' means any individual, trust, firm, joint stock
      company, corporation (including a government corporation),
      partnership, association, State, municipality, commission,
      political subdivision of a State, interstate body, or agency or
      component of the Federal Government.
      "(c) Report. - 
        "(1) In general. - Not later than 3 years after the date of
      enactment of this Act [Dec. 17, 2002], the Director shall oversee
      a study, in consultation with agencies, the regulated community,
      public interest organizations, and the public, and submit a
      report to the Committee on Governmental Affairs [now Committee on
      Homeland Security and Governmental Affairs] of the Senate and the
      Committee on Government Reform of the House of Representatives on
      progress toward integrating Federal information systems across
      agencies.
        "(2) Contents. - The report under this section shall - 
          "(A) address the integration of data elements used in the
        electronic collection of information within databases
        established under Federal statute without reducing the quality,
        accessibility, scope, or utility of the information contained
        in each database;
          "(B) address the feasibility of developing, or enabling the
        development of, software, including Internet-based tools, for
        use by reporting persons in assembling, documenting, and
        validating the accuracy of information electronically submitted
        to agencies under nonvoluntary, statutory, and regulatory
        requirements;
          "(C) address the feasibility of developing a distributed
        information system involving, on a voluntary basis, at least 2
        agencies, that - 
            "(i) provides consistent, dependable, and timely public
          access to the information holdings of 1 or more agencies, or
          some portion of such holdings, without requiring public users
          to know which agency holds the information; and
            "(ii) allows the integration of public information held by
          the participating agencies;
          "(D) address the feasibility of incorporating other elements
        related to the purposes of this section at the discretion of
        the Director; and
          "(E) make any recommendations that the Director deems
        appropriate on the use of integrated reporting and information
        systems, to reduce the burden on reporting and strengthen
        public access to databases within and across agencies.
      "(d) Pilot Projects To Encourage Integrated Collection and
    Management of Data and Interoperability of Federal Information
    Systems. - 
        "(1) In general. - In order to provide input to the study under
      subsection (c), the Director shall designate, in consultation
      with agencies, a series of no more than 5 pilot projects that
      integrate data elements. The Director shall consult with
      agencies, the regulated community, public interest organizations,
      and the public on the implementation of the pilot projects.
        "(2) Goals of pilot projects. - 
          "(A) In general. - Each goal described under subparagraph (B)
        shall be addressed by at least 1 pilot project each.
          "(B) Goals. - The goals under this paragraph are to - 
            "(i) reduce information collection burdens by eliminating
          duplicative data elements within 2 or more reporting
          requirements;
            "(ii) create interoperability between or among public
          databases managed by 2 or more agencies using technologies
          and techniques that facilitate public access; and
            "(iii) develop, or enable the development of, software to
          reduce errors in electronically submitted information.
        "(3) Input. - Each pilot project shall seek input from users on
      the utility of the pilot project and areas for improvement. To
      the extent practicable, the Director shall consult with relevant
      agencies and State, tribal, and local governments in carrying out
      the report and pilot projects under this section.
      "(e) Protections. - The activities authorized under this section
    shall afford protections for - 
        "(1) confidential business information consistent with section
      552(b)(4) of title 5, United States Code, and other relevant law;
        "(2) personal privacy information under sections 552(b)(6) and
      (7)(C) and 552a of title 5, United States Code, and other
      relevant law;
        "(3) other information consistent with section 552(b)(3) of
      title 5, United States Code, and other relevant law; and
        "(4) confidential statistical information collected under a
      confidentiality pledge, solely for statistical purposes,
      consistent with the Office of Management and Budget's Federal
      Statistical Confidentiality Order, and other relevant law.

      "SEC. 213. COMMUNITY TECHNOLOGY CENTERS.
      "(a) Purposes. - The purposes of this section are to - 
        "(1) study and enhance the effectiveness of community
      technology centers, public libraries, and other institutions that
      provide computer and Internet access to the public; and
        "(2) promote awareness of the availability of on-line
      government information and services, to users of community
      technology centers, public libraries, and other public facilities
      that provide access to computer technology and Internet access to
      the public.
      "(b) Study and Report. - Not later than 2 years after the
    effective date of this title [see Effective Date note set out under
    section 3601 of this title], the Administrator shall - 
        "(1) ensure that a study is conducted to evaluate the best
      practices of community technology centers that have received
      Federal funds; and
        "(2) submit a report on the study to - 
          "(A) the Committee on Governmental Affairs [now Committee on
        Homeland Security and Governmental Affairs] of the Senate;
          "(B) the Committee on Health, Education, Labor, and Pensions
        of the Senate;
          "(C) the Committee on Government Reform of the House of
        Representatives; and
          "(D) the Committee on Education and the Workforce of the
        House of Representatives.
      "(c) Contents. - The report under subsection (b) may consider - 
        "(1) an evaluation of the best practices being used by
      successful community technology centers;
        "(2) a strategy for - 
          "(A) continuing the evaluation of best practices used by
        community technology centers; and
          "(B) establishing a network to share information and
        resources as community technology centers evolve;
        "(3) the identification of methods to expand the use of best
      practices to assist community technology centers, public
      libraries, and other institutions that provide computer and
      Internet access to the public;
        "(4) a database of all community technology centers that have
      received Federal funds, including - 
          "(A) each center's name, location, services provided,
        director, other points of contact, number of individuals
        served; and
          "(B) other relevant information;
        "(5) an analysis of whether community technology centers have
      been deployed effectively in urban and rural areas throughout the
      Nation; and
        "(6) recommendations of how to - 
          "(A) enhance the development of community technology centers;
        and
          "(B) establish a network to share information and resources.
      "(d) Cooperation. - All agencies that fund community technology
    centers shall provide to the Administrator any information and
    assistance necessary for the completion of the study and the report
    under this section.
      "(e) Assistance. - 
        "(1) In general. - The Administrator, in consultation with the
      Secretary of Education, shall work with other relevant Federal
      agencies, and other interested persons in the private and
      nonprofit sectors to - 
          "(A) assist in the implementation of recommendations; and
          "(B) identify other ways to assist community technology
        centers, public libraries, and other institutions that provide
        computer and Internet access to the public.
        "(2) Types of assistance. - Assistance under this subsection
      may include - 
          "(A) contribution of funds;
          "(B) donations of equipment, and training in the use and
        maintenance of the equipment; and
          "(C) the provision of basic instruction or training material
        in computer skills and Internet usage.
      "(f) Online Tutorial. - 
        "(1) In general. - The Administrator, in consultation with the
      Secretary of Education, the Director of the Institute of Museum
      and Library Services, other relevant agencies, and the public,
      shall develop an online tutorial that - 
          "(A) explains how to access Government information and
        services on the Internet; and
          "(B) provides a guide to available online resources.
        "(2) Distribution. - The Administrator, with assistance from
      the Secretary of Education, shall distribute information on the
      tutorial to community technology centers, public libraries, and
      other institutions that afford Internet access to the public.
      "(g) Promotion of Community Technology Centers. - The
    Administrator, with assistance from the Department of Education and
    in consultation with other agencies and organizations, shall
    promote the availability of community technology centers to raise
    awareness within each community where such a center is located.
      "(h) Authorization of Appropriations. - There are authorized to
    be appropriated for the study of best practices at community
    technology centers, for the development and dissemination of the
    online tutorial, and for the promotion of community technology
    centers under this section - 
        "(1) $2,000,000 in fiscal year 2003;
        "(2) $2,000,000 in fiscal year 2004; and
        "(3) such sums as are necessary in fiscal years 2005 through
      2007.

      "SEC. 214. ENHANCING CRISIS MANAGEMENT THROUGH ADVANCED
        INFORMATION TECHNOLOGY.
      "(a) Purpose. - The purpose of this section is to improve how
    information technology is used in coordinating and facilitating
    information on disaster preparedness, response, and recovery, while
    ensuring the availability of such information across multiple
    access channels.
      "(b) In General. - 
        "(1) Study on enhancement of crisis response. - Not later than
      90 days after the date of enactment of this Act [Dec. 17, 2002],
      the Administrator, in consultation with the Federal Emergency
      Management Agency, shall ensure that a study is conducted on
      using information technology to enhance crisis preparedness,
      response, and consequence management of natural and manmade
      disasters.
        "(2) Contents. - The study under this subsection shall address -
       
          "(A) a research and implementation strategy for effective use
        of information technology in crisis response and consequence
        management, including the more effective use of technologies,
        management of information technology research initiatives, and
        incorporation of research advances into the information and
        communications systems of - 
            "(i) the Federal Emergency Management Agency; and
            "(ii) other Federal, State, and local agencies responsible
          for crisis preparedness, response, and consequence
          management; and
          "(B) opportunities for research and development on enhanced
        technologies into areas of potential improvement as determined
        during the course of the study.
        "(3) Report. - Not later than 2 years after the date on which a
      contract is entered into under paragraph (1), the Administrator
      shall submit a report on the study, including findings and
      recommendations to - 
          "(A) the Committee on Governmental Affairs [now Committee on
        Homeland Security and Governmental Affairs] of the Senate; and
          "(B) the Committee on Government Reform of the House of
        Representatives.
        "(4) Interagency cooperation. - Other Federal departments and
      agencies with responsibility for disaster relief and emergency
      assistance shall fully cooperate with the Administrator in
      carrying out this section.
        "(5) Authorization of appropriations. - There are authorized to
      be appropriated for research under this subsection, such sums as
      are necessary for fiscal year 2003.
      "(c) Pilot Projects. - Based on the results of the research
    conducted under subsection (b), the Administrator, in consultation
    with the Federal Emergency Management Agency, shall initiate pilot
    projects or report to Congress on other activities that further the
    goal of maximizing the utility of information technology in
    disaster management. The Administrator shall cooperate with other
    relevant agencies, and, if appropriate, State, local, and tribal
    governments, in initiating such pilot projects.

      "SEC. 215. DISPARITIES IN ACCESS TO THE INTERNET.
      "(a) Study and Report. - 
        "(1) Study. - Not later than 90 days after the date of
      enactment of this Act [Dec. 17, 2002], the Administrator of
      General Services shall request that the National Academy of
      Sciences, acting through the National Research Council, enter
      into a contract to conduct a study on disparities in Internet
      access for online Government services.
        "(2) Report. - Not later than 2 years after the date of
      enactment of this Act, the Administrator of General Services
      shall submit to the Committee on Governmental Affairs [now
      Committee on Homeland Security and Governmental Affairs] of the
      Senate and the Committee on Government Reform of the House of
      Representatives a final report of the study under this section,
      which shall set forth the findings, conclusions, and
      recommendations of the National Research Council.
      "(b) Contents. - The report under subsection (a) shall include a
    study of - 
        "(1) how disparities in Internet access influence the
      effectiveness of online Government services, including a review
      of - 
          "(A) the nature of disparities in Internet access;
          "(B) the affordability of Internet service;
          "(C) the incidence of disparities among different groups
        within the population; and
          "(D) changes in the nature of personal and public Internet
        access that may alleviate or aggravate effective access to
        online Government services;
        "(2) how the increase in online Government services is
      influencing the disparities in Internet access and how technology
      development or diffusion trends may offset such adverse
      influences; and
        "(3) related societal effects arising from the interplay of
      disparities in Internet access and the increase in online
      Government services.
      "(c) Recommendations. - The report shall include recommendations
    on actions to ensure that online Government initiatives shall not
    have the unintended result of increasing any deficiency in public
    access to Government services.
      "(d) Authorization of Appropriations. - There are authorized to
    be appropriated $950,000 in fiscal year 2003 to carry out this
    section.

      "SEC. 216. COMMON PROTOCOLS FOR GEOGRAPHIC INFORMATION SYSTEMS.
      "(a) Purposes. - The purposes of this section are to - 
        "(1) reduce redundant data collection and information; and
        "(2) promote collaboration and use of standards for government
      geographic information.
      "(b) Definition. - In this section, the term 'geographic
    information' means information systems that involve locational
    data, such as maps or other geospatial information resources.
      "(c) In General. - 
        "(1) Common protocols. - The Administrator, in consultation
      with the Secretary of the Interior, working with the Director and
      through an interagency group, and working with private sector
      experts, State, local, and tribal governments, commercial and
      international standards groups, and other interested parties,
      shall facilitate the development of common protocols for the
      development, acquisition, maintenance, distribution, and
      application of geographic information. If practicable, the
      Administrator shall incorporate intergovernmental and public
      private geographic information partnerships into efforts under
      this subsection.
        "(2) Interagency group. - The interagency group referred to
      under paragraph (1) shall include representatives of the National
      Institute of Standards and Technology and other agencies.
      "(d) Director. - The Director shall oversee - 
        "(1) the interagency initiative to develop common protocols;
        "(2) the coordination with State, local, and tribal
      governments, public private partnerships, and other interested
      persons on effective and efficient ways to align geographic
      information and develop common protocols; and
        "(3) the adoption of common standards relating to the
      protocols.
      "(e) Common Protocols. - The common protocols shall be designed
    to - 
        "(1) maximize the degree to which unclassified geographic
      information from various sources can be made electronically
      compatible and accessible; and
        "(2) promote the development of interoperable geographic
      information systems technologies that shall - 
          "(A) allow widespread, low-cost use and sharing of geographic
        data by Federal agencies, State, local, and tribal governments,
        and the public; and
          "(B) enable the enhancement of services using geographic
        data.
      "(f) Authorization of Appropriations. - There are authorized to
    be appropriated such sums as are necessary to carry out this
    section, for each of the fiscal years 2003 through 2007."

         INFORMATION SECURITY RESPONSIBILITIES OF CERTAIN AGENCIES     
      Pub. L. 107-347, title III, Sec. 301(c)(1)(A), Dec. 17, 2002, 116
    Stat. 2955, provided that: "Nothing in this Act [see Tables for
    classification] (including any amendment made by this Act) shall
    supersede any authority of the Secretary of Defense, the Director
    of Central Intelligence, or other agency head, as authorized by law
    and as directed by the President, with regard to the operation,
    control, or management of national security systems, as defined by
    section 3542(b)(2) of title 44, United States Code."
      [Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's
    capacity as the head of the intelligence community deemed to be a
    reference to the Director of National Intelligence. Reference to
    the Director of Central Intelligence or the Director of the Central
    Intelligence Agency in the Director's capacity as the head of the
    Central Intelligence Agency deemed to be a reference to the
    Director of the Central Intelligence Agency. See section 1081(a),
    (b) of Pub. L. 108-458, set out as a note under section 401 of
    Title 50, War and National Defense.]

                         ATOMIC ENERGY ACT OF 1954                     
      Pub. L. 107-347, title III, Sec. 301(c)(2), Dec. 17, 2002, 116
    Stat. 2955, provided that: "Nothing in this Act [see Tables for
    classification] shall supersede any requirement made by or under
    the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted
    data or formerly restricted data shall be handled, protected,
    classified, downgraded, and declassified in conformity with the
    Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.)."

      CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL EFFICIENCY  
      Pub. L. 107-347, title V, Dec. 17, 2002, 116 Stat. 2962, provided
    that:

      "SEC. 501. SHORT TITLE.
      "This title may be cited as the 'Confidential Information
    Protection and Statistical Efficiency Act of 2002'.

      "SEC. 502. DEFINITIONS.
      "As used in this title:
        "(1) The term 'agency' means any entity that falls within the
      definition of the term 'executive agency' as defined in section
      102 of title 31, United States Code, or 'agency', as defined in
      section 3502 of title 44, United States Code.
        "(2) The term 'agent' means an individual - 
          "(A)(i) who is an employee of a private organization or a
        researcher affiliated with an institution of higher learning
        (including a person granted special sworn status by the Bureau
        of the Census under section 23(c) of title 13, United States
        Code), and with whom a contract or other agreement is executed,
        on a temporary basis, by an executive agency to perform
        exclusively statistical activities under the control and
        supervision of an officer or employee of that agency;
          "(ii) who is working under the authority of a government
        entity with which a contract or other agreement is executed by
        an executive agency to perform exclusively statistical
        activities under the control of an officer or employee of that
        agency;
          "(iii) who is a self-employed researcher, a consultant, a
        contractor, or an employee of a contractor, and with whom a
        contract or other agreement is executed by an executive agency
        to perform a statistical activity under the control of an
        officer or employee of that agency; or
          "(iv) who is a contractor or an employee of a contractor, and
        who is engaged by the agency to design or maintain the systems
        for handling or storage of data received under this title; and
          "(B) who agrees in writing to comply with all provisions of
        law that affect information acquired by that agency.
        "(3) The term 'business data' means operating and financial
      data and information about businesses, tax-exempt organizations,
      and government entities.
        "(4) The term 'identifiable form' means any representation of
      information that permits the identity of the respondent to whom
      the information applies to be reasonably inferred by either
      direct or indirect means.
        "(5) The term 'nonstatistical purpose' - 
          "(A) means the use of data in identifiable form for any
        purpose that is not a statistical purpose, including any
        administrative, regulatory, law enforcement, adjudicatory, or
        other purpose that affects the rights, privileges, or benefits
        of a particular identifiable respondent; and
          "(B) includes the disclosure under section 552 of title 5,
        United States Code (popularly known as the Freedom of
        Information Act) of data that are acquired for exclusively
        statistical purposes under a pledge of confidentiality.
        "(6) The term 'respondent' means a person who, or organization
      that, is requested or required to supply information to an
      agency, is the subject of information requested or required to be
      supplied to an agency, or provides that information to an agency.
        "(7) The term 'statistical activities' - 
          "(A) means the collection, compilation, processing, or
        analysis of data for the purpose of describing or making
        estimates concerning the whole, or relevant groups or
        components within, the economy, society, or the natural
        environment; and
          "(B) includes the development of methods or resources that
        support those activities, such as measurement methods, models,
        statistical classifications, or sampling frames.
        "(8) The term 'statistical agency or unit' means an agency or
      organizational unit of the executive branch whose activities are
      predominantly the collection, compilation, processing, or
      analysis of information for statistical purposes.
        "(9) The term 'statistical purpose' - 
          "(A) means the description, estimation, or analysis of the
        characteristics of groups, without identifying the individuals
        or organizations that comprise such groups; and
          "(B) includes the development, implementation, or maintenance
        of methods, technical or administrative procedures, or
        information resources that support the purposes described in
        subparagraph (A).

      "SEC. 503. COORDINATION AND OVERSIGHT OF POLICIES.
      "(a) In General. - The Director of the Office of Management and
    Budget shall coordinate and oversee the confidentiality and
    disclosure policies established by this title. The Director may
    promulgate rules or provide other guidance to ensure consistent
    interpretation of this title by the affected agencies.
      "(b) Agency Rules. - Subject to subsection (c), agencies may
    promulgate rules to implement this title. Rules governing
    disclosures of information that are authorized by this title shall
    be promulgated by the agency that originally collected the
    information.
      "(c) Review and Approval of Rules. - The Director shall review
    any rules proposed by an agency pursuant to this title for
    consistency with the provisions of this title and chapter 35 of
    title 44, United States Code, and such rules shall be subject to
    the approval of the Director.
      "(d) Reports. - 
        "(1) The head of each agency shall provide to the Director of
      the Office of Management and Budget such reports and other
      information as the Director requests.
        "(2) Each Designated Statistical Agency referred to in section
      522 shall report annually to the Director of the Office of
      Management and Budget, the Committee on Government Reform of the
      House of Representatives, and the Committee on Governmental
      Affairs [now Committee on Homeland Security and Governmental
      Affairs] of the Senate on the actions it has taken to implement
      sections 523 and 524. The report shall include copies of each
      written agreement entered into pursuant to section 524(a) for the
      applicable year.
        "(3) The Director of the Office of Management and Budget shall
      include a summary of reports submitted to the Director under
      paragraph (2) and actions taken by the Director to advance the
      purposes of this title in the annual report to the Congress on
      statistical programs prepared under section 3504(e)(2) of title
      44, United States Code.

      "SEC. 504. EFFECT ON OTHER LAWS.
      "(a) Title 44, United States Code. - This title, including
    amendments made by this title, does not diminish the authority
    under section 3510 of title 44, United States Code, of the Director
    of the Office of Management and Budget to direct, and of an agency
    to make, disclosures that are not inconsistent with any applicable
    law.
      "(b) Title 13 and Title 44, United States Code. - This title,
    including amendments made by this title, does not diminish the
    authority of the Bureau of the Census to provide information in
    accordance with sections 8, 16, 301, and 401 of title 13, United
    States Code, and section 2108 of title 44, United States Code.
      "(c) Title 13, United States Code. - This title, including
    amendments made by this title, shall not be construed as
    authorizing the disclosure for nonstatistical purposes of
    demographic data or information collected by the Census Bureau
    pursuant to section 9 of title 13, United States Code.
      "(d) Various Energy Statutes. - Data or information acquired by
    the Energy Information Administration under a pledge of
    confidentiality and designated by the Energy Information
    Administration to be used for exclusively statistical purposes
    shall not be disclosed in identifiable form for nonstatistical
    purposes under - 
        "(1) section 12, 20, or 59 of the Federal Energy Administration
      Act of 1974 (15 U.S.C. 771, 779, 790h);
        "(2) section 11 of the Energy Supply and Environmental
      Coordination Act of 1974 (15 U.S.C. 796); or
        "(3) section 205 or 407 of the Department of the Energy
      Organization Act of 1977 (42 U.S.C. 7135, 7177).
      "(e) Section 201 of Congressional Budget Act of 1974 [2 U.S.C.
    601]. - This title, including amendments made by this title, shall
    not be construed to limit any authorities of the Congressional
    Budget Office to work (consistent with laws governing the
    confidentiality of information the disclosure of which would be a
    violation of law) with databases of Designated Statistical Agencies
    (as defined in section 522), either separately or, for data that
    may be shared pursuant to section 524 of this title or other
    authority, jointly in order to improve the general utility of these
    databases for the statistical purpose of analyzing pension and
    health care financing issues.
      "(f) Preemption of State Law. - Nothing in this title shall
    preempt applicable State law regarding the confidentiality of data
    collected by the States.
      "(g) Statutes Regarding False Statements. - Notwithstanding
    section 512, information collected by an agency for exclusively
    statistical purposes under a pledge of confidentiality may be
    provided by the collecting agency to a law enforcement agency for
    the prosecution of submissions to the collecting agency of false
    statistical information under statutes that authorize criminal
    penalties (such as section 221 of title 13, United States Code) or
    civil penalties for the provision of false statistical information,
    unless such disclosure or use would otherwise be prohibited under
    Federal law.
      "(h) Construction. - Nothing in this title shall be construed as
    restricting or diminishing any confidentiality protections or
    penalties for unauthorized disclosure that otherwise apply to data
    or information collected for statistical purposes or nonstatistical
    purposes, including, but not limited to, section 6103 of the
    Internal Revenue Code of 1986 (26 U.S.C. 6103).
      "(i) Authority of Congress. - Nothing in this title shall be
    construed to affect the authority of the Congress, including its
    committees, members, or agents, to obtain data or information for a
    statistical purpose, including for oversight of an agency's
    statistical activities.

             "SUBTITLE A - CONFIDENTIAL INFORMATION PROTECTION         

      "SEC. 511. FINDINGS AND PURPOSES.
      "(a) Findings. - The Congress finds the following:
        "(1) Individuals, businesses, and other organizations have
      varying degrees of legal protection when providing information to
      the agencies for strictly statistical purposes.
        "(2) Pledges of confidentiality by agencies provide assurances
      to the public that information about individuals or organizations
      or provided by individuals or organizations for exclusively
      statistical purposes will be held in confidence and will not be
      used against such individuals or organizations in any agency
      action.
        "(3) Protecting the confidentiality interests of individuals or
      organizations who provide information under a pledge of
      confidentiality for Federal statistical programs serves both the
      interests of the public and the needs of society.
        "(4) Declining trust of the public in the protection of
      information provided under a pledge of confidentiality to the
      agencies adversely affects both the accuracy and completeness of
      statistical analyses.
        "(5) Ensuring that information provided under a pledge of
      confidentiality for statistical purposes receives protection is
      essential in continuing public cooperation in statistical
      programs.
      "(b) Purposes. - The purposes of this subtitle are the following:
        "(1) To ensure that information supplied by individuals or
      organizations to an agency for statistical purposes under a
      pledge of confidentiality is used exclusively for statistical
      purposes.
        "(2) To ensure that individuals or organizations who supply
      information under a pledge of confidentiality to agencies for
      statistical purposes will neither have that information disclosed
      in identifiable form to anyone not authorized by this title nor
      have that information used for any purpose other than a
      statistical purpose.
        "(3) To safeguard the confidentiality of individually
      identifiable information acquired under a pledge of
      confidentiality for statistical purposes by controlling access
      to, and uses made of, such information.

      "SEC. 512. LIMITATIONS ON USE AND DISCLOSURE OF DATA AND
        INFORMATION.
      "(a) Use of Statistical Data or Information. - Data or
    information acquired by an agency under a pledge of confidentiality
    and for exclusively statistical purposes shall be used by officers,
    employees, or agents of the agency exclusively for statistical
    purposes.
      "(b) Disclosure of Statistical Data or Information. - 
        "(1) Data or information acquired by an agency under a pledge
      of confidentiality for exclusively statistical purposes shall not
      be disclosed by an agency in identifiable form, for any use other
      than an exclusively statistical purpose, except with the informed
      consent of the respondent.
        "(2) A disclosure pursuant to paragraph (1) is authorized only
      when the head of the agency approves such disclosure and the
      disclosure is not prohibited by any other law.
        "(3) This section does not restrict or diminish any
      confidentiality protections in law that otherwise apply to data
      or information acquired by an agency under a pledge of
      confidentiality for exclusively statistical purposes.
      "(c) Rule for Use of Data or Information for Nonstatistical
    Purposes. - A statistical agency or unit shall clearly distinguish
    any data or information it collects for nonstatistical purposes (as
    authorized by law) and provide notice to the public, before the
    data or information is collected, that the data or information
    could be used for nonstatistical purposes.
      "(d) Designation of Agents. - A statistical agency or unit may
    designate agents, by contract or by entering into a special
    agreement containing the provisions required under section 502(2)
    for treatment as an agent under that section, who may perform
    exclusively statistical activities, subject to the limitations and
    penalties described in this title.

      "SEC. 513. FINES AND PENALTIES.
      "Whoever, being an officer, employee, or agent of an agency
    acquiring information for exclusively statistical purposes, having
    taken and subscribed the oath of office, or having sworn to observe
    the limitations imposed by section 512, comes into possession of
    such information by reason of his or her being an officer,
    employee, or agent and, knowing that the disclosure of the specific
    information is prohibited under the provisions of this title,
    willfully discloses the information in any manner to a person or
    agency not entitled to receive it, shall be guilty of a class E
    felony and imprisoned for not more than 5 years, or fined not more
    than $250,000, or both.

                   "SUBTITLE B - STATISTICAL EFFICIENCY               

      "SEC. 521. FINDINGS AND PURPOSES.
      "(a) Findings. - The Congress finds the following:
        "(1) Federal statistics are an important source of information
      for public and private decision-makers such as policymakers,
      consumers, businesses, investors, and workers.
        "(2) Federal statistical agencies should continuously seek to
      improve their efficiency. Statutory constraints limit the ability
      of these agencies to share data and thus to achieve higher
      efficiency for Federal statistical programs.
        "(3) The quality of Federal statistics depends on the
      willingness of businesses to respond to statistical surveys.
      Reducing reporting burdens will increase response rates, and
      therefore lead to more accurate characterizations of the economy.
        "(4) Enhanced sharing of business data among the Bureau of the
      Census, the Bureau of Economic Analysis, and the Bureau of Labor
      Statistics for exclusively statistical purposes will improve
      their ability to track more accurately the large and rapidly
      changing nature of United States business. In particular, the
      statistical agencies will be able to better ensure that
      businesses are consistently classified in appropriate industries,
      resolve data anomalies, produce statistical samples that are
      consistently adjusted for the entry and exit of new businesses in
      a timely manner, and correct faulty reporting errors quickly and
      efficiently.
        "(5) The Congress enacted the International Investment and
      Trade in Services Act of 1990 [probably means the International
      Investment and Trade in Services Survey Act, Pub. L. 94-472, as
      amended by Pub. L. 101-533, which is classified to 22 U.S.C. 3101
      et seq.] that allowed the Bureau of the Census, the Bureau of
      Economic Analysis, and the Bureau of Labor Statistics to share
      data on foreign-owned companies. The Act not only expanded
      detailed industry coverage from 135 industries to over 800
      industries with no increase in the data collected from
      respondents but also demonstrated how data sharing can result in
      the creation of valuable data products.
        "(6) With subtitle A of this title, the sharing of business
      data among the Bureau of the Census, the Bureau of Economic
      Analysis, and the Bureau of Labor Statistics continues to ensure
      the highest level of confidentiality for respondents to
      statistical surveys.
      "(b) Purposes. - The purposes of this subtitle are the following:
        "(1) To authorize the sharing of business data among the Bureau
      of the Census, the Bureau of Economic Analysis, and the Bureau of
      Labor Statistics 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 the Bureau of the Census, the
      Bureau of Economic Analysis, and the Bureau of Labor Statistics
      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.
        "(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.

      "SEC. 522. DESIGNATION OF STATISTICAL AGENCIES.
      "For purposes of this subtitle, the term 'Designated Statistical
    Agency' means each of the following:
        "(1) The Bureau of the Census of the Department of Commerce.
        "(2) The Bureau of Economic Analysis of the Department of
      Commerce.
        "(3) The Bureau of Labor Statistics of the Department of Labor.

      "SEC. 523. RESPONSIBILITIES OF DESIGNATED STATISTICAL AGENCIES.
      "The head of each of the Designated Statistical Agencies shall - 
        "(1) identify opportunities to eliminate duplication and
      otherwise reduce reporting burden and cost imposed on the public
      in providing information for statistical purposes;
        "(2) enter into joint statistical projects to improve the
      quality and reduce the cost of statistical programs; and
        "(3) protect the confidentiality of individually identifiable
      information acquired for statistical purposes by adhering to
      safeguard principles, including - 
          "(A) emphasizing to their officers, employees, and agents the
        importance of protecting the confidentiality of information in
        cases where the identity of individual respondents can
        reasonably be inferred by either direct or indirect means;
          "(B) training their officers, employees, and agents in their
        legal obligations to protect the confidentiality of
        individually identifiable information and in the procedures
        that must be followed to provide access to such information;
          "(C) implementing appropriate measures to assure the physical
        and electronic security of confidential data;
          "(D) establishing a system of records that identifies
        individuals accessing confidential data and the project for
        which the data were required; and
          "(E) being prepared to document their compliance with
        safeguard principles to other agencies authorized by law to
        monitor such compliance.

      "SEC. 524. SHARING OF BUSINESS DATA AMONG DESIGNATED STATISTICAL
        AGENCIES.
      "(a) In General. - A Designated Statistical Agency may provide
    business data in an identifiable form to another Designated
    Statistical Agency under the terms of a written agreement among the
    agencies sharing the business data that specifies - 
        "(1) the business data to be shared;
        "(2) the statistical purposes for which the business data are
      to be used;
        "(3) the officers, employees, and agents authorized to examine
      the business data to be shared; and
        "(4) appropriate security procedures to safeguard the
      confidentiality of the business data.
      "(b) Responsibilities of Agencies Under Other Laws. - The
    provision of business data by an agency to a Designated Statistical
    Agency under this subtitle shall in no way alter the responsibility
    of the agency providing the data under other statutes (including
    section 552 of title 5, United States Code (popularly known as the
    Freedom of Information Act), and section 552b of title 5, United
    States Code (popularly known as the Privacy Act of 1974 [Pub. L. 93-
    579, see Short Title note set out under section 552a of Title 5,
    Government Organization and Employees])) with respect to the
    provision or withholding of such information by the agency
    providing the data.
      "(c) Responsibilities of Officers, Employees, and Agents. -
    Examination of business data in identifiable form shall be limited
    to the officers, employees, and agents authorized to examine the
    individual reports in accordance with written agreements pursuant
    to this section. Officers, employees, and agents of a Designated
    Statistical Agency who receive data pursuant to this subtitle shall
    be subject to all provisions of law, including penalties, that
    relate - 
        "(1) to the unlawful provision of the business data that would
      apply to the officers, employees, and agents of the agency that
      originally obtained the information; and
        "(2) to the unlawful disclosure of the business data that would
      apply to officers, employees, and agents of the agency that
      originally obtained the information.
      "(d) Notice. - Whenever a written agreement concerns data that
    respondents were required by law to report and the respondents were
    not informed that the data could be shared among the Designated
    Statistical Agencies, for exclusively statistical purposes, the
    terms of such agreement shall be described in a public notice
    issued by the agency that intends to provide the data. Such notice
    shall allow a minimum of 60 days for public comment.

      "SEC. 525. LIMITATIONS ON USE OF BUSINESS DATA PROVIDED BY
        DESIGNATED STATISTICAL AGENCIES.
      "(a) Use, Generally. - Business data provided by a Designated
    Statistical Agency pursuant to this subtitle shall be used
    exclusively for statistical purposes.
      "(b) Publication. - Publication of business data acquired by a
    Designated Statistical Agency shall occur in a manner whereby the
    data furnished by any particular respondent are not in identifiable
    form.

      "SEC. 526. CONFORMING AMENDMENTS.
      "(a) Department of Commerce. - [Amended section 176a of Title 15,
    Commerce and Trade.]
      "(b) Title 13. - [Enacted section 402 of Title 13, Census.]".

                       WAIVER OF PAPERWORK REDUCTION                   
      Pub. L. 101-508, title IV, Sec. 4711(f), Nov. 5, 1990, 104 Stat.
    1388-187, provided that: "Chapter 35 of title 44, United States
    Code, and Executive Order 12291 [formerly set out as a note under
    section 601 of Title 5, Government Organization and Employees]
    shall not apply to information and regulations required for
    purposes of carrying out this Act [see Tables for classification]
    and implementing the amendments made by this Act."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    44 USC Sec. 3502                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3502. Definitions

-STATUTE-
      As used in this subchapter - 
        (1) the term "agency" means any executive department, military
      department, Government corporation, Government controlled
      corporation, or other establishment in the executive branch of
      the Government (including the Executive Office of the President),
      or any independent regulatory agency, but does not include - 
          (A) the Government Accountability Office;
          (B) Federal Election Commission;
          (C) the governments of the District of Columbia and of the
        territories and possessions of the United States, and their
        various subdivisions; or
          (D) Government-owned contractor-operated facilities,
        including laboratories engaged in national defense research and
        production activities;

        (2) the term "burden" means time, effort, or financial
      resources expended by persons to generate, maintain, or provide
      information to or for a Federal agency, including the resources
      expended for - 
          (A) reviewing instructions;
          (B) acquiring, installing, and utilizing technology and
        systems;
          (C) adjusting the existing ways to comply with any previously
        applicable instructions and requirements;
          (D) searching data sources;
          (E) completing and reviewing the collection of information;
        and
          (F) transmitting, or otherwise disclosing the information;

        (3) the term "collection of information" - 
          (A) means the obtaining, causing to be obtained, soliciting,
        or requiring the disclosure to third parties or the public, of
        facts or opinions by or for an agency, regardless of form or
        format, calling for either - 
            (i) answers to identical questions posed to, or identical
          reporting or recordkeeping requirements imposed on, ten or
          more persons, other than agencies, instrumentalities, or
          employees of the United States; or
            (ii) answers to questions posed to agencies,
          instrumentalities, or employees of the United States which
          are to be used for general statistical purposes; and

          (B) shall not include a collection of information described
        under section 3518(c)(1);

        (4) the term "Director" means the Director of the Office of
      Management and Budget;
        (5) the term "independent regulatory agency" means the Board of
      Governors of the Federal Reserve System, the Commodity Futures
      Trading Commission, the Consumer Product Safety Commission, the
      Federal Communications Commission, the Federal Deposit Insurance
      Corporation, the Federal Energy Regulatory Commission, the
      Federal Housing Finance Board, the Federal Maritime Commission,
      the Federal Trade Commission, the Interstate Commerce Commission,
      the Mine Enforcement Safety and Health Review Commission, the
      National Labor Relations Board, the Nuclear Regulatory
      Commission, the Occupational Safety and Health Review Commission,
      the Postal Rate Commission, the Securities and Exchange
      Commission, and any other similar agency designated by statute as
      a Federal independent regulatory agency or commission;
        (6) the term "information resources" means information and
      related resources, such as personnel, equipment, funds, and
      information technology;
        (7) the term "information resources management" means the
      process of managing information resources to accomplish agency
      missions and to improve agency performance, including through the
      reduction of information collection burdens on the public;
        (8) the term "information system" means a discrete set of
      information resources organized for the collection, processing,
      maintenance, use, sharing, dissemination, or disposition of
      information;
        (9) the term "information technology" has the meaning given
      that term in section 11101 of title 40 but does not include
      national security systems as defined in section 11103 of title
      40;
        (10) the term "person" means an individual, partnership,
      association, corporation, business trust, or legal
      representative, an organized group of individuals, a State,
      territorial, tribal, or local government or branch thereof, or a
      political subdivision of a State, territory, tribal, or local
      government or a branch of a political subdivision;
        (11) the term "practical utility" means the ability of an
      agency to use information, particularly the capability to process
      such information in a timely and useful fashion;
        (12) the term "public information" means any information,
      regardless of form or format, that an agency discloses,
      disseminates, or makes available to the public;
        (13) the term "recordkeeping requirement" means a requirement
      imposed by or for an agency on persons to maintain specified
      records, including a requirement to - 
          (A) retain such records;
          (B) notify third parties, the Federal Government, or the
        public of the existence of such records;
          (C) disclose such records to third parties, the Federal
        Government, or the public; or
          (D) report to third parties, the Federal Government, or the
        public regarding such records; and

        (14) the term "penalty" includes the imposition by an agency or
      court of a fine or other punishment; a judgment for monetary
      damages or equitable relief; or the revocation, suspension,
      reduction, or denial of a license, privilege, right, grant, or
      benefit.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 164; amended
    Pub. L. 104-106, div. E, title LVI, Sec. 5605(a), Feb. 10, 1996,
    110 Stat. 700; Pub. L. 105-85, div. A, title X, Sec. 1073(h)(5)(A),
    Nov. 18, 1997, 111 Stat. 1907; Pub. L. 106-398, Sec. 1 [[div. A],
    title X, Sec. 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275;
    Pub. L. 107-217, Sec. 3(l)(4), Aug. 21, 2002, 116 Stat. 1301; Pub.
    L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3502, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2813; amended Pub. L. 98-443, Sec. 9(h), Oct. 4,
    1984, 98 Stat. 1708; Pub. L. 99-500, Sec. 101(m) [title VIII, Sec.
    812], Oct. 18, 1986, 100 Stat. 1783-308, 1783-335, and Pub. L. 99-
    591, Sec. 101(m) [title VIII, Sec. 812], Oct. 30, 1986, 100 Stat.
    3341-308, 3341-335; Pub. L. 101-73, title VII, Sec. 744(e), Aug. 9,
    1989, 103 Stat. 438, defined terms used in this chapter prior to
    the general amendment of this chapter by Pub. L. 104-13.
      Another prior section 3502, Pub. L. 90-620, Oct. 22, 1968, 82
    Stat. 1302; Pub. L. 93-153, title IV, Sec. 409(a), Nov. 16, 1973,
    87 Stat. 593, defined "Federal agency", "person", and
    "information", prior to the general amendment of this chapter by
    Pub. L. 96-511.

                                AMENDMENTS                            
      2004 - Par. (1)(A). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office".
      2002 - Par. (9). Pub. L. 107-217 substituted "section 11101 of
    title 40" for "section 5002 of the Clinger-Cohen Act of 1996 (40
    U.S.C. 1401)" and "section 11103 of title 40" for "section 5142 of
    that Act (40 U.S.C. 1452)".
      2000 - Pub. L. 106-398 substituted "subchapter" for "chapter" in
    introductory provisions.
      1997 - Par. (9). Pub. L. 105-85 substituted "the Clinger-Cohen
    Act of 1996 (40 U.S.C. 1401)" for "the Information Technology
    Management Reform Act of 1996" and inserted "(40 U.S.C. 1452)"
    after "that Act".
      1996 - Par. (9). Pub. L. 104-106 added par. (9) and struck out
    former par. (9) which read as follows: "the term 'information
    technology' has the same meaning as the term 'automatic data
    processing equipment' as defined by section 111(a)(2) and (3)(C)(i)
    through (v) of the Federal Property and Administrative Services Act
    of 1949 (40 U.S.C. 759(a)(2) and (3)(C)(i) through (v));".

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
    2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-
    398, set out as an Effective Date note under section 3531 of this
    title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,
    1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.
    702.


-TRANS-
        ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
                                 FUNCTIONS
      Interstate Commerce Commission abolished and functions of
    Commission transferred, except as otherwise provided in Pub. L. 104-
    88, to Surface Transportation Board effective Jan. 1, 1996, by
    section 702 of Title 49, Transportation, and section 101 of Pub. L.
    104-88, set out as a note under section 701 of Title 49. References
    to Interstate Commerce Commission deemed to refer to Surface
    Transportation Board, a member or employee of the Board, or
    Secretary of Transportation, as appropriate, see section 205 of
    Pub. L. 104-88, set out as a note under section 701 of Title 49.

-End-



-CITE-
    44 USC Sec. 3503                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3503. Office of Information and Regulatory Affairs

-STATUTE-
      (a) There is established in the Office of Management and Budget
    an office to be known as the Office of Information and Regulatory
    Affairs.
      (b) There shall be at the head of the Office an Administrator who
    shall be appointed by the President, by and with the advice and
    consent of the Senate. The Director shall delegate to the
    Administrator the authority to administer all functions under this
    subchapter, except that any such delegation shall not relieve the
    Director of responsibility for the administration of such
    functions. The Administrator shall serve as principal adviser to
    the Director on Federal information resources management policy.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 166; amended
    Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
    2000, 114 Stat. 1654, 1654A-275.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3503, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2814; amended Pub. L. 99-500, Sec. 101(m) [title
    VIII, Sec. 813(a)], Oct. 18, 1986, 100 Stat. 1783-308, 1783-336,
    and Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 813(a)], Oct. 30,
    1986, 100 Stat. 3341-308, 3341-336, related to the establishment of
    the Office of Information and Regulatory Affairs prior to the
    general amendment of this chapter by Pub. L. 104-13.
      Another prior section 3503, Pub. L. 90-620, Oct. 22, 1968, 82
    Stat. 1303, prescribed duties of Director of Bureau of the Budget,
    prior to the general amendment of this chapter by Pub. L. 96-511.
    See section 3504 of this title.

                                AMENDMENTS                            
      2000 - Subsec. (b). Pub. L. 106-398 substituted "subchapter" for
    "chapter".

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
    2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-
    398, set out as an Effective Date note under section 3531 of this
    title.


-TRANS-
              DELEGATION OF OTHER FUNCTIONS TO ADMINISTRATOR          
      Section 3 of Pub. L. 96-511, as amended by Pub. L. 97-258, Sec.
    5(b), Sept. 13, 1982, 96 Stat. 1083; Pub. L. 99-500, Sec. 101(m)
    [title VIII, Sec. 821(b)(3)], Oct. 18, 1986, 100 Stat. 1783-308,
    1783-342, and Pub. L. 99-591, Sec. 101(m) [title VIII, Sec.
    821(b)(3)], Oct. 30, 1986, 100 Stat. 3341-308, 3341-342, provided:
      "[(a) Repealed]
      "(b) The Director of the Office of Management and Budget shall
    delegate to the Administrator for the Office of Information and
    Regulatory Affairs all functions, authority, and responsibility of
    the Director under section 552a of title 5, United States Code,
    under Executive Order 12046 [Ex. Ord. No. 12046, Mar. 27, 1978, 43
    F.R. 14193, set out as a note under section 305 of Title 47,
    Telegraphs, Telephones, and Radiotelegraphs] and Reorganization
    Plan No. 1 for telecommunications [probably means Reorg. Plan No. 1
    of 1970, 35 F.R. 6421, 84 Stat. 2083, set out in the Appendix to
    Title 5, Government Organization and Employees], and under sections
    110 and 111 of the Federal Property and Administrative Services Act
    of 1949 ([now 40 U.S.C. 322 and former] 40 U.S.C. 759)."
      [Section 101(m) [title VIII, Sec. 833] of Pub. L. 99-500 and Pub.
    L. 99-591 provided that: "This title and the amendments made by
    this title [amending former sections 3501 to 3507, 3511, 3514, and
    3520 of this title and sections 751, 757, and 759 of former Title
    40, Public Buildings, Property, and Works, enacting provisions set
    out as a notes under section 101 of this title and former section
    3503 of this title, amending provisions set out as a note above,
    and repealing provisions set out as a note under section 759 of
    former Title 40] shall take effect on the date of enactment of this
    Act [Oct. 18, 1986], except as provided in section 813(b) [set out
    as a note under former section 3503 of this title] and except that
    the provisions of section 821 and the amendments made by such
    section [amending former sections 3503 and 3504 of this title,
    sections 757 and 759 of former Title 40, and provisions set out as
    a note above] shall take effect on January 1, 1987."]

-End-



-CITE-
    44 USC Sec. 3504                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3504. Authority and functions of Director

-STATUTE-
      (a)(1) The Director shall oversee the use of information
    resources to improve the efficiency and effectiveness of
    governmental operations to serve agency missions, including burden
    reduction and service delivery to the public. In performing such
    oversight, the Director shall - 
        (A) develop, coordinate and oversee the implementation of
      Federal information resources management policies, principles,
      standards, and guidelines; and
        (B) provide direction and oversee - 
          (i) the review and approval of the collection of information
        and the reduction of the information collection burden;
          (ii) agency dissemination of and public access to
        information;
          (iii) statistical activities;
          (iv) records management activities;
          (v) privacy, confidentiality, security, disclosure, and
        sharing of information; and
          (vi) the acquisition and use of information technology,
        including alternative information technologies that provide for
        electronic submission, maintenance, or disclosure of
        information as a substitute for paper and for the use and
        acceptance of electronic signatures.

      (2) The authority of the Director under this subchapter shall be
    exercised consistent with applicable law.
      (b) With respect to general information resources management
    policy, the Director shall - 
        (1) develop and oversee the implementation of uniform
      information resources management policies, principles, standards,
      and guidelines;
        (2) foster greater sharing, dissemination, and access to public
      information, including through - 
          (A) the use of the Government Information Locator Service;
        and
          (B) the development and utilization of common standards for
        information collection, storage, processing and communication,
        including standards for security, interconnectivity and
        interoperability;

        (3) initiate and review proposals for changes in legislation,
      regulations, and agency procedures to improve information
      resources management practices;
        (4) oversee the development and implementation of best
      practices in information resources management, including
      training; and
        (5) oversee agency integration of program and management
      functions with information resources management functions.

      (c) With respect to the collection of information and the control
    of paperwork, the Director shall - 
        (1) review and approve proposed agency collections of
      information;
        (2) coordinate the review of the collection of information
      associated with Federal procurement and acquisition by the Office
      of Information and Regulatory Affairs with the Office of Federal
      Procurement Policy, with particular emphasis on applying
      information technology to improve the efficiency and
      effectiveness of Federal procurement, acquisition and payment,
      and to reduce information collection burdens on the public;
        (3) minimize the Federal information collection burden, with
      particular emphasis on those individuals and entities most
      adversely affected;
        (4) maximize the practical utility of and public benefit from
      information collected by or for the Federal Government;
        (5) establish and oversee standards and guidelines by which
      agencies are to estimate the burden to comply with a proposed
      collection of information; (!1)

        (6) publish in the Federal Register and make available on the
      Internet (in consultation with the Small Business Administration)
      on an annual basis a list of the compliance assistance resources
      available to small businesses, with the first such publication
      occurring not later than 1 year after the date of enactment of
      the Small Business Paperwork Relief Act of 2002.

      (d) With respect to information dissemination, the Director shall
    develop and oversee the implementation of policies, principles,
    standards, and guidelines to - 
        (1) apply to Federal agency dissemination of public
      information, regardless of the form or format in which such
      information is disseminated; and
        (2) promote public access to public information and fulfill the
      purposes of this subchapter, including through the effective use
      of information technology.

      (e) With respect to statistical policy and coordination, the
    Director shall - 
        (1) coordinate the activities of the Federal statistical system
      to ensure - 
          (A) the efficiency and effectiveness of the system; and
          (B) the integrity, objectivity, impartiality, utility, and
        confidentiality of information collected for statistical
        purposes;

        (2) ensure that budget proposals of agencies are consistent
      with system-wide priorities for maintaining and improving the
      quality of Federal statistics and prepare an annual report on
      statistical program funding;
        (3) develop and oversee the implementation of Governmentwide
      policies, principles, standards, and guidelines concerning - 
          (A) statistical collection procedures and methods;
          (B) statistical data classification;
          (C) statistical information presentation and dissemination;
          (D) timely release of statistical data; and
          (E) such statistical data sources as may be required for the
        administration of Federal programs;

        (4) evaluate statistical program performance and agency
      compliance with Governmentwide policies, principles, standards
      and guidelines;
        (5) promote the sharing of information collected for
      statistical purposes consistent with privacy rights and
      confidentiality pledges;
        (6) coordinate the participation of the United States in
      international statistical activities, including the development
      of comparable statistics;
        (7) appoint a chief statistician who is a trained and
      experienced professional statistician to carry out the functions
      described under this subsection;
        (8) establish an Interagency Council on Statistical Policy to
      advise and assist the Director in carrying out the functions
      under this subsection that shall - 
          (A) be headed by the chief statistician; and
          (B) consist of - 
            (i) the heads of the major statistical programs; and
            (ii) representatives of other statistical agencies under
          rotating membership; and

        (9) provide opportunities for training in statistical policy
      functions to employees of the Federal Government under which - 
          (A) each trainee shall be selected at the discretion of the
        Director based on agency requests and shall serve under the
        chief statistician for at least 6 months and not more than 1
        year; and
          (B) all costs of the training shall be paid by the agency
        requesting training.

      (f) With respect to records management, the Director shall - 
        (1) provide advice and assistance to the Archivist of the
      United States and the Administrator of General Services to
      promote coordination in the administration of chapters 29, 31,
      and 33 of this title with the information resources management
      policies, principles, standards, and guidelines established under
      this subchapter;
        (2) review compliance by agencies with - 
          (A) the requirements of chapters 29, 31, and 33 of this
        title; and
          (B) regulations promulgated by the Archivist of the United
        States and the Administrator of General Services; and

        (3) oversee the application of records management policies,
      principles, standards, and guidelines, including requirements for
      archiving information maintained in electronic format, in the
      planning and design of information systems.

      (g) With respect to privacy and security, the Director shall - 
        (1) develop and oversee the implementation of policies,
      principles, standards, and guidelines on privacy,
      confidentiality, security, disclosure and sharing of information
      collected or maintained by or for agencies; and
        (2) oversee and coordinate compliance with sections 552 and
      552a of title 5, sections 20 and 21 of the National Institute of
      Standards and Technology Act (15 U.S.C. 278g-3 and 278g-4),
      section 11331 of title 40 and subchapter II of this chapter, and
      related information management laws.

      (h) With respect to Federal information technology, the Director
    shall - 
        (1) in consultation with the Director of the National Institute
      of Standards and Technology and the Administrator of General
      Services - 
          (A) develop and oversee the implementation of policies,
        principles, standards, and guidelines for information
        technology functions and activities of the Federal Government,
        including periodic evaluations of major information systems;
        and
          (B) oversee the development and implementation of standards
        under section 11331 of title 40;

        (2) monitor the effectiveness of, and compliance with,
      directives issued under subtitle III of title 40 and directives
      issued under section 322 of title 40;
        (3) coordinate the development and review by the Office of
      Information and Regulatory Affairs of policy associated with
      Federal procurement and acquisition of information technology
      with the Office of Federal Procurement Policy;
        (4) ensure, through the review of agency budget proposals,
      information resources management plans and other means - 
          (A) agency integration of information resources management
        plans, program plans and budgets for acquisition and use of
        information technology; and
          (B) the efficiency and effectiveness of inter-agency
        information technology initiatives to improve agency
        performance and the accomplishment of agency missions; and

        (5) promote the use of information technology by the Federal
      Government to improve the productivity, efficiency, and
      effectiveness of Federal programs, including through
      dissemination of public information and the reduction of
      information collection burdens on the public.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 167; amended
    Pub. L. 104-106, div. E, title LI, Sec. 5131(e)(1), title LVI, Sec.
    5605(b), (c), Feb. 10, 1996, 110 Stat. 688, 700; Pub. L. 105-85,
    div. A, title X, Sec. 1073(h)(5)(B), (C), Nov. 18, 1997, 111 Stat.
    1907; Pub. L. 105-277, div. C, title XVII, Sec. 1702, Oct. 21,
    1998, 112 Stat. 2681-749; Pub. L. 106-398, Sec. 1 [[div. A], title
    X, Sec. 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275; Pub. L.
    107-198, Sec. 2(a), June 28, 2002, 116 Stat. 729; Pub. L. 107-217,
    Sec. 3(l)(5), Aug. 21, 2002, 116 Stat. 1301; Pub. L. 107-296, title
    X, Sec. 1005(c)(1), Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107-347,
    title III, Sec. 305(c)(1), Dec. 17, 2002, 116 Stat. 2960.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the Small Business Paperwork Relief Act
    of 2002, referred to in subsec. (c)(6), is the date of enactment of
    Pub. L. 107-198, which was approved June 28, 2002.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3504, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2815; amended Pub. L. 98-497, title I, Sec.
    107(b)(26), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 99-500, Sec.
    101(m) [title VIII, Secs. 814, 821(b)(2)], Oct. 18, 1986, 100 Stat.
    1783-308, 1783-336, 1783-342, and Pub. L. 99-591, Sec. 101(m)
    [title VIII, Secs. 814, 821(b)(2)], Oct. 30, 1986, 100 Stat. 3341-
    308, 3341-336, 3341-342, related to authority and functions of
    Director prior to the general amendment of this chapter by Pub. L.
    104-13.
      Another prior section 3504, Pub. L. 90-620, Oct. 22, 1968, 82
    Stat. 1303, provided for designation of a central collection
    agency, prior to the general amendment of this chapter by Pub. L.
    96-511. See section 3509 of this title.

                                AMENDMENTS                            
      2002 - Subsec. (c)(6). Pub. L. 107-198 added par. (6).
      Subsec. (g)(1). Pub. L. 107-296, Sec. 1005(c)(1)(A), and Pub. L.
    107-347, Sec. 305(c)(1)(A), amended par. (1) identically, inserting
    "and" at end.
      Subsec. (g)(2). Pub. L. 107-347, Sec. 305(c)(1)(B), substituted
    "section 11331 of title 40 and subchapter II of this chapter" for
    "sections 11331 and 11332(b) and (c) of title 40" and a period for
    "; and" at end.
      Pub. L. 107-296, Sec. 1005(c)(1)(B), which directed amendment of
    par. (2) by substituting "section 11331 of title 40 and subchapter
    II of this title" for "sections 11331 and 11332(b) and (c) of title
    40" and a period for the semicolon, could not be executed because
    of amendment by Pub. L. 107-347, Sec. 305(c)(1)(B). See Amendment
    note above and Effective Date of 2002 Amendments notes below.
      Pub. L. 107-217, Sec. 3(l)(5)(A), substituted "sections 11331 and
    11332(b) and (c) of title 40" for "section 5131 of the Clinger-
    Cohen Act of 1996 (40 U.S.C. 1441), and sections 5 and 6 of the
    Computer Security Act of 1987 (40 U.S.C. 759 note)".
      Subsec. (g)(3). Pub. L. 107-296, Sec. 1005(c)(1)(C), and Pub. L.
    107-347, Sec. 305(c)(1)(C), amended subsec. (g) identically,
    striking out par. (3) which read as follows: "require Federal
    agencies, consistent with the standards and guidelines promulgated
    under sections 11331 and 11332(b) and (c) of title 40, to identify
    and afford security protections commensurate with the risk and
    magnitude of the harm resulting from the loss, misuse, or
    unauthorized access to or modification of information collected or
    maintained by or on behalf of an agency."
      Pub. L. 107-217, Sec. 3(l)(5)(B), substituted "sections 11331 and
    11332(b) and (c) of title 40" for "section 5131 of the Clinger-
    Cohen Act of 1996 (40 U.S.C. 1441) and sections 5 and 6 of the
    Computer Security Act of 1987 (40 U.S.C. 759 note)".
      Subsec. (h)(1)(B). Pub. L. 107-217, Sec. 3(l)(5)(C), substituted
    "section 11331 of title 40" for "section 5131 of the Clinger-Cohen
    Act of 1996 (40 U.S.C. 1441)".
      Subsec. (h)(2). Pub. L. 107-217, Sec. 3(l)(5)(D), substituted
    "subtitle III of title 40" for "division E of the Clinger-Cohen Act
    of 1996 (40 U.S.C. 1401 et seq.)" and "section 322 of title 40" for
    "section 110 of the Federal Property and Administrative Services
    Act of 1949 (40 U.S.C. 757)".
      2000 - Subsecs. (a)(2), (d)(2), (f)(1). Pub. L. 106-398
    substituted "subchapter" for "chapter".
      1998 - Subsec. (a)(1)(B)(vi). Pub. L. 105-277 amended cl. (vi)
    generally. Prior to amendment, cl. (vi) read as follows: "the
    acquisition and use of information technology."
      1997 - Subsecs. (g)(2), (3), (h)(1)(B). Pub. L. 105-85, Sec.
    1073(h)(5)(C), substituted "Clinger-Cohen Act of 1996 (40 U.S.C.
    1441)" for "Information Technology Management Reform Act of 1996".
      Subsec. (h)(2). Pub. L. 105-85, Sec. 1073(h)(5)(B), substituted
    "division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et
    seq.)" for "the Information Technology Management Reform Act of
    1996".
      1996 - Subsec. (g)(2). Pub. L. 104-106, Sec. 5131(e)(1)(A),
    substituted "sections 20 and 21 of the National Institute of
    Standards and Technology Act (15 U.S.C. 278g-3 and 278g-4), section
    5131 of the Information Technology Management Reform Act of 1996,
    and sections 5 and 6 of the Computer Security Act of 1987 (40
    U.S.C. 759 note)" for "the Computer Security Act of 1987 (40 U.S.C.
    759 note)".
      Subsec. (g)(3). Pub. L. 104-106, Sec. 5131(e)(1)(B), substituted
    "the standards and guidelines promulgated under section 5131 of the
    Information Technology Management Reform Act of 1996 and sections 5
    and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)"
    for "the Computer Security Act of 1987 (40 U.S.C. 759 note)".
      Subsec. (h)(1)(B). Pub. L. 104-106, Sec. 5605(b), substituted
    "section 5131 of the Information Technology Management Reform Act
    of 1996" for "section 111(d) of the Federal Property and
    Administrative Services Act of 1949 (40 U.S.C. 759(d))".
      Subsec. (h)(2). Pub. L. 104-106, Sec. 5605(c), substituted "the
    Information Technology Management Reform Act of 1996 and directives
    issued under section 110 of the Federal Property and Administrative
    Services Act of 1949 (40 U.S.C. 757)" for "sections 110 and 111 of
    the Federal Property and Administrative Services Act of 1949 (40
    U.S.C. 757 and 759)".

                     EFFECTIVE DATE OF 2002 AMENDMENTS                 
      Amendment by Pub. L. 107-347 effective Dec. 17, 2002, see section
    402(b) of Pub. L. 107-347, set out as an Effective Date note under
    section 3541 of this title.
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
    2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-
    398, set out as an Effective Date note under section 3531 of this
    title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,
    1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.
    702.

                     GOVERNMENT PAPERWORK ELIMINATION                 
      Pub. L. 105-277, div. C, title XVII, Oct. 21, 1998, 112 Stat.
    2681-749, provided that:

      "SEC. 1701. SHORT TITLE.
      "This title may be cited as the 'Government Paperwork Elimination
    Act'.

      "SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND USE
        OF ALTERNATIVE INFORMATION TECHNOLOGIES BY EXECUTIVE AGENCIES.
      "[Amended this section.]

      "SEC. 1703. PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC
        SIGNATURES BY EXECUTIVE AGENCIES.
      "(a) In General. - In order to fulfill the responsibility to
    administer the functions assigned under chapter 35 of title 44,
    United States Code, the provisions of the Clinger-Cohen Act of 1996
    (divisions D and E of Public Law 104-106) [see Short Title of 1996
    Amendment note set out under 41 U.S.C. 251] and the amendments made
    by that Act, and the provisions of this title, the Director of the
    Office of Management and Budget shall, in consultation with the
    National Telecommunications and Information Administration and not
    later than 18 months after the date of enactment of this Act [Oct.
    21, 1998], develop procedures for the use and acceptance of
    electronic signatures by Executive agencies.
      "(b) Requirements for Procedures. - (1) The procedures developed
    under subsection (a) - 
        "(A) shall be compatible with standards and technology for
      electronic signatures that are generally used in commerce and
      industry and by State governments;
        "(B) may not inappropriately favor one industry or technology;
        "(C) shall ensure that electronic signatures are as reliable as
      is appropriate for the purpose in question and keep intact the
      information submitted;
        "(D) shall provide for the electronic acknowledgment of
      electronic forms that are successfully submitted; and
        "(E) shall, to the extent feasible and appropriate, require an
      Executive agency that anticipates receipt by electronic means of
      50,000 or more submittals of a particular form to take all steps
      necessary to ensure that multiple methods of electronic
      signatures are available for the submittal of such form.
      "(2) The Director shall ensure the compatibility of the
    procedures under paragraph (1)(A) in consultation with appropriate
    private bodies and State government entities that set standards for
    the use and acceptance of electronic signatures.

      "SEC. 1704. DEADLINE FOR IMPLEMENTATION BY EXECUTIVE AGENCIES OF
        PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES.
      "In order to fulfill the responsibility to administer the
    functions assigned under chapter 35 of title 44, United States
    Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D
    and E of Public Law 104-106) [see Short Title of 1996 Amendment
    note set out under 41 U.S.C. 251] and the amendments made by that
    Act, and the provisions of this title, the Director of the Office
    of Management and Budget shall ensure that, commencing not later
    than five years after the date of enactment of this Act [Oct. 21,
    1998], Executive agencies provide - 
        "(1) for the option of the electronic maintenance, submission,
      or disclosure of information, when practicable as a substitute
      for paper; and
        "(2) for the use and acceptance of electronic signatures, when
      practicable.

      "SEC. 1705. ELECTRONIC STORAGE AND FILING OF EMPLOYMENT FORMS.
      "In order to fulfill the responsibility to administer the
    functions assigned under chapter 35 of title 44, United States
    Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D
    and E of Public Law 104-106) [see Short Title of 1996 Amendment
    note set out under 41 U.S.C. 251] and the amendments made by that
    Act, and the provisions of this title, the Director of the Office
    of Management and Budget shall, not later than 18 months after the
    date of enactment of this Act [Oct. 21, 1998], develop procedures
    to permit private employers to store and file electronically with
    Executive agencies forms containing information pertaining to the
    employees of such employers.

      "SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNATURES.
      "(a) Ongoing Study Required. - In order to fulfill the
    responsibility to administer the functions assigned under chapter
    35 of title 44, United States Code, the provisions of the Clinger-
    Cohen Act of 1996 (divisions D and E of Public Law 104-106) [see
    Short Title of 1996 Amendment note set out under 41 U.S.C. 251] and
    the amendments made by that Act, and the provisions of this title,
    the Director of the Office of Management and Budget shall, in
    cooperation with the National Telecommunications and Information
    Administration, conduct an ongoing study of the use of electronic
    signatures under this title on - 
        "(1) paperwork reduction and electronic commerce;
        "(2) individual privacy; and
        "(3) the security and authenticity of transactions.
      "(b) Reports. - The Director shall submit to Congress on a
    periodic basis a report describing the results of the study carried
    out under subsection (a).

      "SEC. 1707. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC
        RECORDS.
      "Electronic records submitted or maintained in accordance with
    procedures developed under this title, or electronic signatures or
    other forms of electronic authentication used in accordance with
    such procedures, shall not be denied legal effect, validity, or
    enforceability because such records are in electronic form.

      "SEC. 1708. DISCLOSURE OF INFORMATION.
      "Except as provided by law, information collected in the
    provision of electronic signature services for communications with
    an executive agency, as provided by this title, shall only be used
    or disclosed by persons who obtain, collect, or maintain such
    information as a business or government practice, for the purpose
    of facilitating such communications, or with the prior affirmative
    consent of the person about whom the information pertains.

      "SEC. 1709. APPLICATION WITH INTERNAL REVENUE LAWS.
      "No provision of this title shall apply to the Department of the
    Treasury or the Internal Revenue Service to the extent that such
    provision - 
        "(1) involves the administration of the internal revenue laws;
      or
        "(2) conflicts with any provision of the Internal Revenue
      Service Restructuring and Reform Act of 1998 [Pub. L. 105-206,
      see Tables for classification] or the Internal Revenue Code of
      1986 [26 U.S.C. 1 et seq.].

      "SEC. 1710. DEFINITIONS.
      "For purposes of this title:
        "(1) Electronic signature. - The term 'electronic signature'
      means a method of signing an electronic message that - 
          "(A) identifies and authenticates a particular person as the
        source of the electronic message; and
          "(B) indicates such person's approval of the information
        contained in the electronic message.
        "(2) Executive agency. - The term 'Executive agency' has the
      meaning given that term in section 105 of title 5, United States
      Code."

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by "and".


-End-



-CITE-
    44 USC Sec. 3505                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3505. Assignment of tasks and deadlines

-STATUTE-
      (a) In carrying out the functions under this subchapter, the
    Director shall - 
        (1) in consultation with agency heads, set an annual
      Governmentwide goal for the reduction of information collection
      burdens by at least 10 percent during each of fiscal years 1996
      and 1997 and 5 percent during each of fiscal years 1998, 1999,
      2000, and 2001, and set annual agency goals to - 
          (A) reduce information collection burdens imposed on the
        public that - 
            (i) represent the maximum practicable opportunity in each
          agency; and
            (ii) are consistent with improving agency management of the
          process for the review of collections of information
          established under section 3506(c); and

          (B) improve information resources management in ways that
        increase the productivity, efficiency and effectiveness of
        Federal programs, including service delivery to the public;

        (2) with selected agencies and non-Federal entities on a
      voluntary basis, conduct pilot projects to test alternative
      policies, practices, regulations, and procedures to fulfill the
      purposes of this subchapter, particularly with regard to
      minimizing the Federal information collection burden; and
        (3) in consultation with the Administrator of General Services,
      the Director of the National Institute of Standards and
      Technology, the Archivist of the United States, and the Director
      of the Office of Personnel Management, develop and maintain a
      Governmentwide strategic plan for information resources
      management, that shall include - 
          (A) a description of the objectives and the means by which
        the Federal Government shall apply information resources to
        improve agency and program performance;
          (B) plans for - 
            (i) reducing information burdens on the public, including
          reducing such burdens through the elimination of duplication
          and meeting shared data needs with shared resources;
            (ii) enhancing public access to and dissemination of,
          information, using electronic and other formats; and
            (iii) meeting the information technology needs of the
          Federal Government in accordance with the purposes of this
          subchapter; and

          (C) a description of progress in applying information
        resources management to improve agency performance and the
        accomplishment of missions.

      (b) For purposes of any pilot project conducted under subsection
    (a)(2), the Director may, after consultation with the agency head,
    waive the application of any administrative directive issued by an
    agency with which the project is conducted, including any directive
    requiring a collection of information, after giving timely notice
    to the public and the Congress regarding the need for such waiver.
      (c) (!1) Inventory of Major Information Systems. - (1) The head
    of each agency shall develop and maintain an inventory of major
    information systems (including major national security systems)
    operated by or under the control of such agency.

      (2) The identification of information systems in an inventory
    under this subsection shall include an identification of the
    interfaces between each such system and all other systems or
    networks, including those not operated by or under the control of
    the agency.
      (3) Such inventory shall be - 
        (A) updated at least annually;
        (B) made available to the Comptroller General; and
        (C) used to support information resources management, including
      - 
          (i) preparation and maintenance of the inventory of
        information resources under section 3506(b)(4);
          (ii) information technology planning, budgeting, acquisition,
        and management under section 3506(h), subtitle III of title 40,
        and related laws and guidance;
          (iii) monitoring, testing, and evaluation of information
        security controls under subchapter II;
          (iv) preparation of the index of major information systems
        required under section 552(g) of title 5, United States Code;
        and
          (v) preparation of information system inventories required
        for records management under chapters 21, 29, 31, and 33.

      (4) The Director shall issue guidance for and oversee the
    implementation of the requirements of this subsection.
      (c) (!1) Inventory of Information Systems. - (1) The head of each
    agency shall develop and maintain an inventory of the information
    systems (including national security systems) operated by or under
    the control of such agency;
      (2) The identification of information systems in an inventory
    under this subsection shall include an identification of the
    interfaces between each such system and all other systems or
    networks, including those not operated by or under the control of
    the agency;
      (3) Such inventory shall be - 
        (A) updated at least annually;
        (B) made available to the Comptroller General; and
        (C) used to support information resources management, including
      - 
          (i) preparation and maintenance of the inventory of
        information resources under section 3506(b)(4);
          (ii) information technology planning, budgeting, acquisition,
        and management under section 3506(h), subtitle III of title 40,
        and related laws and guidance;
          (iii) monitoring, testing, and evaluation of information
        security controls under subchapter II;
          (iv) preparation of the index of major information systems
        required under section 552(g) of title 5, United States Code;
        and
          (v) preparation of information system inventories required
        for records management under chapters 21, 29, 31, and 33.

      (4) The Director shall issue guidance for and oversee the
    implementation of the requirements of this subsection.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 170; amended
    Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
    2000, 114 Stat. 1654, 1654A-275; Pub. L. 107-296, title X, Sec.
    1005(c)(2), Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107-347, title
    III, Sec. 305(c)(2), Dec. 17, 2002, 116 Stat. 2961.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3505, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2818; amended Pub. L. 99-500, Sec. 101(m) [title
    VIII, Sec. 815], Oct. 18, 1986, 100 Stat. 1783-308, 1783-337, and
    Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 815], Oct. 30, 1986,
    100 Stat. 3341-308, 3341-337, related to assignment of tasks and
    deadlines prior to the general amendment of this chapter by Pub. L.
    104-13.
      Another prior section 3505, Pub. L. 90-620, Oct. 22, 1968, 82
    Stat. 1303, prohibited independent collection by an agency, prior
    to the general amendment of this chapter by Pub. L. 96-511. See
    section 3509 of this title.

                                AMENDMENTS                            
      2002 - Subsec. (c). Pub. L. 107-347, added subsec. (c) relating
    to inventory of major information systems.
      Pub. L. 107-296 added subsec. (c) relating to inventory of
    information systems.
      2000 - Subsec. (a). Pub. L. 106-398 substituted "subchapter" for
    "chapter" in introductory provisions and pars. (2) and (3)(B)(iii).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
    2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-
    398, set out as an Effective Date note under section 3531 of this
    title.

-FOOTNOTE-
    (!1) So in original. Two subsecs. (c) have been enacted.


-End-



-CITE-
    44 USC Sec. 3506                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3506. Federal agency responsibilities

-STATUTE-
      (a)(1) The head of each agency shall be responsible for - 
        (A) carrying out the agency's information resources management
      activities to improve agency productivity, efficiency, and
      effectiveness; and
        (B) complying with the requirements of this subchapter and
      related policies established by the Director.

      (2)(A) Except as provided under subparagraph (B), the head of
    each agency shall designate a Chief Information Officer who shall
    report directly to such agency head to carry out the
    responsibilities of the agency under this subchapter.
      (B) The Secretary of the Department of Defense and the Secretary
    of each military department may each designate Chief Information
    Officers who shall report directly to such Secretary to carry out
    the responsibilities of the department under this subchapter. If
    more than one Chief Information Officer is designated, the
    respective duties of the Chief Information Officers shall be
    clearly delineated.
      (3) The Chief Information Officer designated under paragraph (2)
    shall head an office responsible for ensuring agency compliance
    with and prompt, efficient, and effective implementation of the
    information policies and information resources management
    responsibilities established under this subchapter, including the
    reduction of information collection burdens on the public. The
    Chief Information Officer and employees of such office shall be
    selected with special attention to the professional qualifications
    required to administer the functions described under this
    subchapter.
      (4) Each agency program official shall be responsible and
    accountable for information resources assigned to and supporting
    the programs under such official. In consultation with the Chief
    Information Officer designated under paragraph (2) and the agency
    Chief Financial Officer (or comparable official), each agency
    program official shall define program information needs and develop
    strategies, systems, and capabilities to meet those needs.
      (b) With respect to general information resources management,
    each agency shall - 
        (1) manage information resources to - 
          (A) reduce information collection burdens on the public;
          (B) increase program efficiency and effectiveness; and
          (C) improve the integrity, quality, and utility of
        information to all users within and outside the agency,
        including capabilities for ensuring dissemination of public
        information, public access to government information, and
        protections for privacy and security;

        (2) in accordance with guidance by the Director, develop and
      maintain a strategic information resources management plan that
      shall describe how information resources management activities
      help accomplish agency missions;
        (3) develop and maintain an ongoing process to - 
          (A) ensure that information resources management operations
        and decisions are integrated with organizational planning,
        budget, financial management, human resources management, and
        program decisions;
          (B) in cooperation with the agency Chief Financial Officer
        (or comparable official), develop a full and accurate
        accounting of information technology expenditures, related
        expenses, and results; and
          (C) establish goals for improving information resources
        management's contribution to program productivity, efficiency,
        and effectiveness, methods for measuring progress towards those
        goals, and clear roles and responsibilities for achieving those
        goals;

        (4) in consultation with the Director, the Administrator of
      General Services, and the Archivist of the United States,
      maintain a current and complete inventory of the agency's
      information resources, including directories necessary to fulfill
      the requirements of section 3511 of this subchapter; and
        (5) in consultation with the Director and the Director of the
      Office of Personnel Management, conduct formal training programs
      to educate agency program and management officials about
      information resources management.

      (c) With respect to the collection of information and the control
    of paperwork, each agency shall - 
        (1) establish a process within the office headed by the Chief
      Information Officer designated under subsection (a), that is
      sufficiently independent of program responsibility to evaluate
      fairly whether proposed collections of information should be
      approved under this subchapter, to - 
          (A) review each collection of information before submission
        to the Director for review under this subchapter, including - 
            (i) an evaluation of the need for the collection of
          information;
            (ii) a functional description of the information to be
          collected;
            (iii) a plan for the collection of the information;
            (iv) a specific, objectively supported estimate of burden;
            (v) a test of the collection of information through a pilot
          program, if appropriate; and
            (vi) a plan for the efficient and effective management and
          use of the information to be collected, including necessary
          resources;

          (B) ensure that each information collection - 
            (i) is inventoried, displays a control number and, if
          appropriate, an expiration date;
            (ii) indicates the collection is in accordance with the
          clearance requirements of section 3507; and
            (iii) informs the person receiving the collection of
          information of - 
              (I) the reasons the information is being collected;
              (II) the way such information is to be used;
              (III) an estimate, to the extent practicable, of the
            burden of the collection;
              (IV) whether responses to the collection of information
            are voluntary, required to obtain a benefit, or mandatory;
            and
              (V) the fact that an agency may not conduct or sponsor,
            and a person is not required to respond to, a collection of
            information unless it displays a valid control number; and

          (C) assess the information collection burden of proposed
        legislation affecting the agency;

        (2)(A) except as provided under subparagraph (B) or section
      3507(j), provide 60-day notice in the Federal Register, and
      otherwise consult with members of the public and affected
      agencies concerning each proposed collection of information, to
      solicit comment to - 
          (i) evaluate whether the proposed collection of information
        is necessary for the proper performance of the functions of the
        agency, including whether the information shall have practical
        utility;
          (ii) evaluate the accuracy of the agency's estimate of the
        burden of the proposed collection of information;
          (iii) enhance the quality, utility, and clarity of the
        information to be collected; and
          (iv) minimize the burden of the collection of information on
        those who are to respond, including through the use of
        automated collection techniques or other forms of information
        technology; and

        (B) for any proposed collection of information contained in a
      proposed rule (to be reviewed by the Director under section
      3507(d)), provide notice and comment through the notice of
      proposed rulemaking for the proposed rule and such notice shall
      have the same purposes specified under subparagraph (A)(i)
      through (iv);
        (3) certify (and provide a record supporting such
      certification, including public comments received by the agency)
      that each collection of information submitted to the Director for
      review under section 3507 - 
          (A) is necessary for the proper performance of the functions
        of the agency, including that the information has practical
        utility;
          (B) is not unnecessarily duplicative of information otherwise
        reasonably accessible to the agency;
          (C) reduces to the extent practicable and appropriate the
        burden on persons who shall provide information to or for the
        agency, including with respect to small entities, as defined
        under section 601(6) of title 5, the use of such techniques as -
         
            (i) establishing differing compliance or reporting
          requirements or timetables that take into account the
          resources available to those who are to respond;
            (ii) the clarification, consolidation, or simplification of
          compliance and reporting requirements; or
            (iii) an exemption from coverage of the collection of
          information, or any part thereof;

          (D) is written using plain, coherent, and unambiguous
        terminology and is understandable to those who are to respond;
          (E) is to be implemented in ways consistent and compatible,
        to the maximum extent practicable, with the existing reporting
        and recordkeeping practices of those who are to respond;
          (F) indicates for each recordkeeping requirement the length
        of time persons are required to maintain the records specified;
          (G) contains the statement required under paragraph
        (1)(B)(iii);
          (H) has been developed by an office that has planned and
        allocated resources for the efficient and effective management
        and use of the information to be collected, including the
        processing of the information in a manner which shall enhance,
        where appropriate, the utility of the information to agencies
        and the public;
          (I) uses effective and efficient statistical survey
        methodology appropriate to the purpose for which the
        information is to be collected; and
          (J) to the maximum extent practicable, uses information
        technology to reduce burden and improve data quality, agency
        efficiency and responsiveness to the public; and

        (4) in addition to the requirements of this chapter regarding
      the reduction of information collection burdens for small
      business concerns (as defined in section 3 of the Small Business
      Act (15 U.S.C. 632)), make efforts to further reduce the
      information collection burden for small business concerns with
      fewer than 25 employees.

      (d) With respect to information dissemination, each agency shall -
     
        (1) ensure that the public has timely and equitable access to
      the agency's public information, including ensuring such access
      through - 
          (A) encouraging a diversity of public and private sources for
        information based on government public information;
          (B) in cases in which the agency provides public information
        maintained in electronic format, providing timely and equitable
        access to the underlying data (in whole or in part); and
          (C) agency dissemination of public information in an
        efficient, effective, and economical manner;

        (2) regularly solicit and consider public input on the agency's
      information dissemination activities;
        (3) provide adequate notice when initiating, substantially
      modifying, or terminating significant information dissemination
      products; and
        (4) not, except where specifically authorized by statute - 
          (A) establish an exclusive, restricted, or other distribution
        arrangement that interferes with timely and equitable
        availability of public information to the public;
          (B) restrict or regulate the use, resale, or redissemination
        of public information by the public;
          (C) charge fees or royalties for resale or redissemination of
        public information; or
          (D) establish user fees for public information that exceed
        the cost of dissemination.

      (e) With respect to statistical policy and coordination, each
    agency shall - 
        (1) ensure the relevance, accuracy, timeliness, integrity, and
      objectivity of information collected or created for statistical
      purposes;
        (2) inform respondents fully and accurately about the sponsors,
      purposes, and uses of statistical surveys and studies;
        (3) protect respondents' privacy and ensure that disclosure
      policies fully honor pledges of confidentiality;
        (4) observe Federal standards and practices for data
      collection, analysis, documentation, sharing, and dissemination
      of information;
        (5) ensure the timely publication of the results of statistical
      surveys and studies, including information about the quality and
      limitations of the surveys and studies; and
        (6) make data available to statistical agencies and readily
      accessible to the public.

      (f) With respect to records management, each agency shall
    implement and enforce applicable policies and procedures, including
    requirements for archiving information maintained in electronic
    format, particularly in the planning, design and operation of
    information systems.
      (g) With respect to privacy and security, each agency shall - 
        (1) implement and enforce applicable policies, procedures,
      standards, and guidelines on privacy, confidentiality, security,
      disclosure and sharing of information collected or maintained by
      or for the agency; and
        (2) assume responsibility and accountability for compliance
      with and coordinated management of sections 552 and 552a of title
      5, subchapter II of this chapter, and related information
      management laws.

      (h) With respect to Federal information technology, each agency
    shall - 
        (1) implement and enforce applicable Governmentwide and agency
      information technology management policies, principles,
      standards, and guidelines;
        (2) assume responsibility and accountability for information
      technology investments;
        (3) promote the use of information technology by the agency to
      improve the productivity, efficiency, and effectiveness of agency
      programs, including the reduction of information collection
      burdens on the public and improved dissemination of public
      information;
        (4) propose changes in legislation, regulations, and agency
      procedures to improve information technology practices, including
      changes that improve the ability of the agency to use technology
      to reduce burden; and
        (5) assume responsibility for maximizing the value and
      assessing and managing the risks of major information systems
      initiatives through a process that is - 
          (A) integrated with budget, financial, and program management
        decisions; and
          (B) used to select, control, and evaluate the results of
        major information systems initiatives.

      (i)(1) In addition to the requirements described in subsection
    (c), each agency shall, with respect to the collection of
    information and the control of paperwork, establish 1 point of
    contact in the agency to act as a liaison between the agency and
    small business concerns (as defined in section 3 of the Small
    Business Act (15 U.S.C. 632)).
      (2) Each point of contact described under paragraph (1) shall be
    established not later than 1 year after the date of enactment of
    the Small Business Paperwork Relief Act of 2002.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 171; amended
    Pub. L. 104-106, div. E, title LI, Sec. 5125(a), Feb. 10, 1996, 110
    Stat. 684; Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.
    1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275; Pub. L. 107-
    198, Sec. 2(b), (c), June 28, 2002, 116 Stat. 729; Pub. L. 107-
    217, Sec. 3(l)(6), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 107-296,
    title X, Sec. 1005(c)(3), Nov. 25, 2002, 116 Stat. 2273; Pub. L.
    107-347, title III, Sec. 305(c)(3), Dec. 17, 2002, 116 Stat. 2961.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the Small Business Paperwork Relief Act
    of 2002, referred to in subsec. (i)(2), is the date of enactment of
    Pub. L. 107-198, which was approved June 28, 2002.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3506, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2819; amended Pub. L. 99-500, Sec. 101(m) [title
    VIII, Sec. 816], Oct. 18, 1986, 100 Stat. 1783-308, 1783-338, and
    Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 816], Oct. 30, 1986,
    100 Stat. 3341-308, 3341-338, related to Federal agency
    responsibilities prior to the general amendment of this chapter by
    Pub. L. 104-13.
      Another prior section 3506, Pub. L. 90-620, Oct. 22, 1968, 82
    Stat. 1303, provided for determination of necessity for information
    and hearing thereon, prior to the general amendment of this chapter
    by Pub. L. 96-511. See section 3508 of this title.

                                AMENDMENTS                            
      2002 - Subsec. (c)(4). Pub. L. 107-198, Sec. 2(c), added par.
    (4).
      Subsec. (g)(1). Pub. L. 107-296, Sec. 1005(c)(3)(A), and Pub. L.
    107-347, Sec. 305(c)(3)(A), amended par. (1) identically, inserting
    "and" at end.
      Subsec. (g)(2). Pub. L. 107-296, Sec. 1005(c)(3)(B), and Pub. L.
    107-347, Sec. 305(c)(3)(B), amended par. (2) identically,
    substituting "subchapter II of this chapter" for "section 11332 of
    title 40" and a period for "; and" at end.
      Pub. L. 107-217, Sec. 3(l)(6)(A), substituted "section 11332 of
    title 40" for "the Computer Security Act of 1987 (40 U.S.C. 759
    note)".
      Subsec. (g)(3). Pub. L. 107-296, Sec. 1005(c)(3)(C), and Pub. L.
    107-347, Sec. 305(c)(3)(C), amended subsec. (g) identically,
    striking out par. (3) which read as follows: "consistent with
    section 11332 of title 40, identify and afford security protections
    commensurate with the risk and magnitude of the harm resulting from
    the loss, misuse, or unauthorized access to or modification of
    information collected or maintained by or on behalf of an agency."
      Pub. L. 107-217, Sec. 3(l)(6)(B), substituted "section 11332 of
    title 40" for "the Computer Security Act of 1987 (40 U.S.C. 759
    note)".
      Subsec. (i). Pub. L. 107-198, Sec. 2(b), added subsec. (i).
      2000 - Subsecs. (a)(1) to (3), (b)(4), (c)(1). Pub. L. 106-398
    substituted "subchapter" for "chapter" wherever appearing.
      1996 - Subsec. (a)(2)(A). Pub. L. 104-106, Sec. 5125(a)(1)(A),
    substituted "Chief Information Officer" for "senior official".
      Subsec. (a)(2)(B). Pub. L. 104-106, Sec. 5125(a)(1)(B),
    substituted "designate Chief Information Officers" for "designate
    senior officials", "Chief Information Officer" for "official", and
    "the Chief Information Officers" for "the officials".
      Subsec. (a)(3), (4). Pub. L. 104-106, Sec. 5125(a)(1)(C),
    substituted "Chief Information Officer" for "senior official"
    wherever appearing.
      Subsec. (c)(1). Pub. L. 104-106, Sec. 5125(a)(2), substituted
    "Chief Information Officer" for "official" in introductory
    provisions.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
    2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-
    398, set out as an Effective Date note under section 3531 of this
    title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,
    1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.
    702.


-EXEC-
                 EX. ORD. NO. 13073. YEAR 2000 CONVERSION             
      Ex. Ord. No. 13073, Feb. 4, 1998, 63 F.R. 6467, as amended by Ex.
    Ord. No. 13127, June 14, 1999, 64 F.R. 32793, provided:
      The American people expect reliable service from their Government
    and deserve the confidence that critical government functions
    dependent on electronic systems will be performed accurately and in
    a timely manner. Because of a design feature in many electronic
    systems, a large number of activities in the public and private
    sectors could be at risk beginning in the year 2000. Some computer
    systems and other electronic devices will misinterpret the year
    "00" as 1900, rather than 2000. Unless appropriate action is taken,
    this flaw, known as the "Y2K problem," can cause systems that
    support those functions to compute erroneously or simply not run.
    Minimizing the Y2K problem will require a major technological and
    managerial effort, and it is critical that the United States
    Government do its part in addressing this challenge.
      Accordingly, by the authority vested in me as President by the
    Constitution and the laws of the United States of America, it is
    hereby ordered as follows:
      Section 1. Policy. (a) It shall be the policy of the executive
    branch that agencies shall:
      (1) assure that no critical Federal program experiences
    disruption because of the Y2K problem;
      (2) assist and cooperate with State, local, and tribal
    governments to address the Y2K problem where those governments
    depend on Federal information or information technology or the
    Federal Government is dependent on those governments to perform
    critical missions;
      (3) cooperate with the private sector operators of critical
    national and local systems, including the banking and financial
    system, the telecommunications system, the public health system,
    the transportation system, and the electric power generation
    system, in addressing the Y2K problem; and
      (4) communicate with their foreign counterparts to raise
    awareness of and generate cooperative international arrangements to
    address the Y2K problem.
      (b) As used in this order, "agency" and "agencies" refer to
    Federal agencies that are not in the judicial or legislative
    branches.
      Sec. 2. Year 2000 Conversion Council. There is hereby established
    the President's Council on Year 2000 Conversion (the "Council").
      (a) The Council shall be led by a Chair who shall be an Assistant
    to the President, and it shall be composed of one representative
    from each of the executive departments and from such other Federal
    agencies as may be determined by the Chair of the Council (the
    "Chair").
      (b) The Chair shall appoint a Vice Chair and assign other
    responsibilities for operations of the council as he or she deems
    necessary.
      (c) The Chair shall oversee the activities of agencies to assure
    that their systems operate smoothly through the year 2000, act as
    chief spokesperson on this issue for the executive branch in
    national and international fora, provide policy coordination of
    executive branch activities with State, local, and tribal
    governments on the Y2K problem, and promote appropriate Federal
    roles with respect to private sector activities in this area.
      (d) The Chair and the Director of the Office of Management and
    Budget shall report jointly at least quarterly to me on the
    progress of agencies in addressing the Y2K problem.
      (e) The Chair shall identify such resources from agencies as the
    Chair deems necessary for the implementation of the policies set
    out in this order, consistent with applicable law.
      Sec. 3. Responsibilities of Agency Heads. (a) The head of each
    agency shall:
      (1) assure that efforts to address the Y2K problem receive the
    highest priority attention in the agency and that the policies
    established in this order are carried out; and
      (2) cooperate to the fullest extent with the Chair by making
    available such information, support, and assistance, including
    personnel, as the Chair may request to support the accomplishment
    of the tasks assigned herein, consistent with applicable law.
      (b) The heads of executive departments and the agencies
    designated by the Chair under section 2(a) of this order shall
    identify a responsible official to represent the head of the
    executive department or agency on the Council with sufficient
    authority and experience to commit agency resources to address the
    Y2K problem.
      Sec. 4. Responsibilities of Interagency and Executive Office
    Councils. Interagency councils and councils within the Executive
    Office of the President, including the President's Management
    Council, the Chief Information Officers Council, the Chief
    Financial Officers Council, the President's Council on Integrity
    and Efficiency, the Executive Council on Integrity and Efficiency,
    the National Science and Technology Council, the National
    Performance Review, the National Economic Council, the Domestic
    Policy Council, and the National Security Council shall provide
    assistance and support to the Chair upon the Chair's request.
      Sec. 5. Information Coordination Center. (a) To assist the Chair
    in the Y2K response duties included under section 2(c) of this
    order, there shall be established the Information Coordination
    Center (ICC) in the General Services Administration.
      (b) At the direction of the Chair, the ICC will assist in making
    preparations for information sharing and coordination within the
    Federal Government and key components of the public and private
    sectors, coordinating agency assessments of Y2K emergencies that
    could have an adverse affect on U.S. interests at home and abroad,
    and, if necessary, assisting Federal agencies and the Chair in
    reconstitution processes where appropriate.
      (c) The ICC will:
      (1) consist of officials from executive agencies, designated by
    agency heads under subsection 3(a)(2) of this order, who have
    expertise in important management and technical areas, computer
    hardware, software or security systems, reconstitution and
    recovery, and of additional personnel hired directly or by
    contract, as required, to carry out the duties described under
    section 5 of this order;
      (2) work with the Council and the Office of Management and Budget
    to assure that Federal efforts to restore critical systems are
    coordinated with efforts managed by Federal agencies acting under
    existing emergency response authorities.
      (d) The Chair of the President's Council on Year 2000 Conversion
    shall designate a Director of the ICC.
      Sec. 6. Judicial Review. This Executive order is intended only to
    improve the internal management of the executive branch and does
    not create any right or benefit, substantive or procedural,
    enforceable at law or equity by a party against the United States,
    its agencies, or instrumentalities, its officers or employees, or
    any other person.
                                                     William J. Clinton.

-End-



-CITE-
    44 USC Sec. 3507                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3507. Public information collection activities; submission to
      Director; approval and delegation

-STATUTE-
      (a) An agency shall not conduct or sponsor the collection of
    information unless in advance of the adoption or revision of the
    collection of information - 
        (1) the agency has - 
          (A) conducted the review established under section
        3506(c)(1);
          (B) evaluated the public comments received under section
        3506(c)(2);
          (C) submitted to the Director the certification required
        under section 3506(c)(3), the proposed collection of
        information, copies of pertinent statutory authority,
        regulations, and other related materials as the Director may
        specify; and
          (D) published a notice in the Federal Register - 
            (i) stating that the agency has made such submission; and
            (ii) setting forth - 
              (I) a title for the collection of information;
              (II) a summary of the collection of information;
              (III) a brief description of the need for the information
            and the proposed use of the information;
              (IV) a description of the likely respondents and proposed
            frequency of response to the collection of information;
              (V) an estimate of the burden that shall result from the
            collection of information; and
              (VI) notice that comments may be submitted to the agency
            and Director;

        (2) the Director has approved the proposed collection of
      information or approval has been inferred, under the provisions
      of this section; and
        (3) the agency has obtained from the Director a control number
      to be displayed upon the collection of information.

      (b) The Director shall provide at least 30 days for public
    comment prior to making a decision under subsection (c), (d), or
    (h), except as provided under subsection (j).
      (c)(1) For any proposed collection of information not contained
    in a proposed rule, the Director shall notify the agency involved
    of the decision to approve or disapprove the proposed collection of
    information.
      (2) The Director shall provide the notification under paragraph
    (1), within 60 days after receipt or publication of the notice
    under subsection (a)(1)(D), whichever is later.
      (3) If the Director does not notify the agency of a denial or
    approval within the 60-day period described under paragraph (2) - 
        (A) the approval may be inferred;
        (B) a control number shall be assigned without further delay;
      and
        (C) the agency may collect the information for not more than 1
      year.

      (d)(1) For any proposed collection of information contained in a
    proposed rule - 
        (A) as soon as practicable, but no later than the date of
      publication of a notice of proposed rulemaking in the Federal
      Register, each agency shall forward to the Director a copy of any
      proposed rule which contains a collection of information and any
      information requested by the Director necessary to make the
      determination required under this subsection; and
        (B) within 60 days after the notice of proposed rulemaking is
      published in the Federal Register, the Director may file public
      comments pursuant to the standards set forth in section 3508 on
      the collection of information contained in the proposed rule;

      (2) When a final rule is published in the Federal Register, the
    agency shall explain - 
        (A) how any collection of information contained in the final
      rule responds to the comments, if any, filed by the Director or
      the public; or
        (B) the reasons such comments were rejected.

      (3) If the Director has received notice and failed to comment on
    an agency rule within 60 days after the notice of proposed
    rulemaking, the Director may not disapprove any collection of
    information specifically contained in an agency rule.
      (4) No provision in this section shall be construed to prevent
    the Director, in the Director's discretion - 
        (A) from disapproving any collection of information which was
      not specifically required by an agency rule;
        (B) from disapproving any collection of information contained
      in an agency rule, if the agency failed to comply with the
      requirements of paragraph (1) of this subsection;
        (C) from disapproving any collection of information contained
      in a final agency rule, if the Director finds within 60 days
      after the publication of the final rule that the agency's
      response to the Director's comments filed under paragraph (2) of
      this subsection was unreasonable; or
        (D) from disapproving any collection of information contained
      in a final rule, if - 
          (i) the Director determines that the agency has substantially
        modified in the final rule the collection of information
        contained in the proposed rule; and
          (ii) the agency has not given the Director the information
        required under paragraph (1) with respect to the modified
        collection of information, at least 60 days before the issuance
        of the final rule.

      (5) This subsection shall apply only when an agency publishes a
    notice of proposed rulemaking and requests public comments.
      (6) The decision by the Director to approve or not act upon a
    collection of information contained in an agency rule shall not be
    subject to judicial review.
      (e)(1) Any decision by the Director under subsection (c), (d),
    (h), or (j) to disapprove a collection of information, or to
    instruct the agency to make substantive or material change to a
    collection of information, shall be publicly available and include
    an explanation of the reasons for such decision.
      (2) Any written communication between the Administrator of the
    Office of Information and Regulatory Affairs, or any employee of
    the Office of Information and Regulatory Affairs, and an agency or
    person not employed by the Federal Government concerning a proposed
    collection of information shall be made available to the public.
      (3) This subsection shall not require the disclosure of - 
        (A) any information which is protected at all times by
      procedures established for information which has been
      specifically authorized under criteria established by an
      Executive order or an Act of Congress to be kept secret in the
      interest of national defense or foreign policy; or
        (B) any communication relating to a collection of information
      which is not approved under this subchapter, the disclosure of
      which could lead to retaliation or discrimination against the
      communicator.

      (f)(1) An independent regulatory agency which is administered by
    2 or more members of a commission, board, or similar body, may by
    majority vote void - 
        (A) any disapproval by the Director, in whole or in part, of a
      proposed collection of information of that agency; or
        (B) an exercise of authority under subsection (d) of section
      3507 concerning that agency.

      (2) The agency shall certify each vote to void such disapproval
    or exercise to the Director, and explain the reasons for such vote.
    The Director shall without further delay assign a control number to
    such collection of information, and such vote to void the
    disapproval or exercise shall be valid for a period of 3 years.
      (g) The Director may not approve a collection of information for
    a period in excess of 3 years.
      (h)(1) If an agency decides to seek extension of the Director's
    approval granted for a currently approved collection of
    information, the agency shall - 
        (A) conduct the review established under section 3506(c),
      including the seeking of comment from the public on the continued
      need for, and burden imposed by the collection of information;
      and
        (B) after having made a reasonable effort to seek public
      comment, but no later than 60 days before the expiration date of
      the control number assigned by the Director for the currently
      approved collection of information, submit the collection of
      information for review and approval under this section, which
      shall include an explanation of how the agency has used the
      information that it has collected.

      (2) If under the provisions of this section, the Director
    disapproves a collection of information contained in an existing
    rule, or recommends or instructs the agency to make a substantive
    or material change to a collection of information contained in an
    existing rule, the Director shall - 
        (A) publish an explanation thereof in the Federal Register; and
        (B) instruct the agency to undertake a rulemaking within a
      reasonable time limited to consideration of changes to the
      collection of information contained in the rule and thereafter to
      submit the collection of information for approval or disapproval
      under this subchapter.

      (3) An agency may not make a substantive or material modification
    to a collection of information after such collection has been
    approved by the Director, unless the modification has been
    submitted to the Director for review and approval under this
    subchapter.
      (i)(1) If the Director finds that a senior official of an agency
    designated under section 3506(a) is sufficiently independent of
    program responsibility to evaluate fairly whether proposed
    collections of information should be approved and has sufficient
    resources to carry out this responsibility effectively, the
    Director may, by rule in accordance with the notice and comment
    provisions of chapter 5 of title 5, United States Code, delegate to
    such official the authority to approve proposed collections of
    information in specific program areas, for specific purposes, or
    for all agency purposes.
      (2) A delegation by the Director under this section shall not
    preclude the Director from reviewing individual collections of
    information if the Director determines that circumstances warrant
    such a review. The Director shall retain authority to revoke such
    delegations, both in general and with regard to any specific
    matter. In acting for the Director, any official to whom approval
    authority has been delegated under this section shall comply fully
    with the rules and regulations promulgated by the Director.
      (j)(1) The agency head may request the Director to authorize a
    collection of information, if an agency head determines that - 
        (A) a collection of information - 
          (i) is needed prior to the expiration of time periods
        established under this subchapter; and
          (ii) is essential to the mission of the agency; and

        (B) the agency cannot reasonably comply with the provisions of
      this subchapter because - 
          (i) public harm is reasonably likely to result if normal
        clearance procedures are followed;
          (ii) an unanticipated event has occurred; or
          (iii) the use of normal clearance procedures is reasonably
        likely to prevent or disrupt the collection of information or
        is reasonably likely to cause a statutory or court ordered
        deadline to be missed.

      (2) The Director shall approve or disapprove any such
    authorization request within the time requested by the agency head
    and, if approved, shall assign the collection of information a
    control number. Any collection of information conducted under this
    subsection may be conducted without compliance with the provisions
    of this subchapter for a maximum of 180 days after the date on
    which the Director received the request to authorize such
    collection.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 176; amended
    Pub. L. 104-106, div. E, title LVI, Sec. 5605(d), Feb. 10, 1996,
    110 Stat. 700; Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.
    1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3507, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2819; amended Pub. L. 99-500, Sec. 101(m) [title
    VIII, Sec. 817], Oct. 18, 1986, 100 Stat. 1783-308, 1783-338, and
    Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 817], Oct. 30, 1986,
    100 Stat. 3341-308, 3341-338, related to submission to Director of
    public information collection request for an approval or delegation
    to a senior official of an agency prior to the general amendment of
    this chapter by Pub. L. 104-13.
      Another prior section 3507, Pub. L. 90-620, Oct. 22, 1968, 82
    Stat. 1304, provided for cooperation of agencies in making
    information available, prior to the general amendment of this
    chapter by Pub. L. 96-511. See section 3510(a) of this title.

                                AMENDMENTS                            
      2000 - Subsecs. (e)(3)(B), (h), (j). Pub. L. 106-398 substituted
    "subchapter" for "chapter" wherever appearing.
      1996 - Subsec. (j)(2). Pub. L. 104-106 substituted "180 days" for
    "90 days".

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
    2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-
    398, set out as an Effective Date note under section 3531 of this
    title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,
    1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.
    702.

-End-



-CITE-
    44 USC Sec. 3508                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3508. Determination of necessity for information; hearing

-STATUTE-
      Before approving a proposed collection of information, the
    Director shall determine whether the collection of information by
    the agency is necessary for the proper performance of the functions
    of the agency, including whether the information shall have
    practical utility. Before making a determination the Director may
    give the agency and other interested persons an opportunity to be
    heard or to submit statements in writing. To the extent, if any,
    that the Director determines that the collection of information by
    an agency is unnecessary for any reason, the agency may not engage
    in the collection of information.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 179.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3508, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2821, related to determination of whether collection
    of information is necessary for proper performance of functions of
    agency prior to the general amendment of this chapter by Pub. L.
    104-13.
      Another prior section 3508, Pub. L. 90-620, Oct. 22, 1968, 82
    Stat. 1304, related to unlawful disclosure of information,
    penalties, and release of information to other agencies, prior to
    the general amendment of this chapter by Pub. L. 96-511. See
    section 3510(b) of this title.

-End-



-CITE-
    44 USC Sec. 3509                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3509. Designation of central collection agency

-STATUTE-
      The Director may designate a central collection agency to obtain
    information for two or more agencies if the Director determines
    that the needs of such agencies for information will be adequately
    served by a single collection agency, and such sharing of data is
    not inconsistent with applicable law. In such cases the Director
    shall prescribe (with reference to the collection of information)
    the duties and functions of the collection agency so designated and
    of the agencies for which it is to act as agent (including
    reimbursement for costs). While the designation is in effect, an
    agency covered by the designation may not obtain for itself
    information for the agency which is the duty of the collection
    agency to obtain. The Director may modify the designation from time
    to time as circumstances require. The authority to designate under
    this section is subject to the provisions of section 3507(f) of
    this subchapter.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 180; amended
    Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
    2000, 114 Stat. 1654, 1654A-275.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3509, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2821, related to designation of central collection
    agency prior to the general amendment of this chapter by Pub. L.
    104-13.
      Another prior section 3509, Pub. L. 90-620, Oct. 22, 1968, 82
    Stat. 1304, related to plans or forms for collecting information,
    submission to Director, and his approval, prior to the general
    amendment of this chapter by Pub. L. 96-511.

                                AMENDMENTS                            
      2000 - Pub. L. 106-398 substituted "subchapter" for "chapter".

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
    2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-
    398, set out as an Effective Date note under section 3531 of this
    title.

-End-



-CITE-
    44 USC Sec. 3510                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3510. Cooperation of agencies in making information available

-STATUTE-
      (a) The Director may direct an agency to make available to
    another agency, or an agency may make available to another agency,
    information obtained by a collection of information if the
    disclosure is not inconsistent with applicable law.
      (b)(1) If information obtained by an agency is released by that
    agency to another agency, all the provisions of law (including
    penalties) that relate to the unlawful disclosure of information
    apply to the officers and employees of the agency to which
    information is released to the same extent and in the same manner
    as the provisions apply to the officers and employees of the agency
    which originally obtained the information.
      (2) The officers and employees of the agency to which the
    information is released, in addition, shall be subject to the same
    provisions of law, including penalties, relating to the unlawful
    disclosure of information as if the information had been collected
    directly by that agency.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 180.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3510, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2822, related to cooperation of agencies in making
    information available prior to the general amendment of this
    chapter by Pub. L. 104-13.
      Another prior section 3510, Pub. L. 90-620, Oct. 22, 1968, 82
    Stat. 1305, authorized promulgation of rules and regulations, prior
    to the general amendment of this chapter by Pub. L. 96-511. See
    section 3516 of this title.

-End-



-CITE-
    44 USC Sec. 3511                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3511. Establishment and operation of Government Information
      Locator Service

-STATUTE-
      (a) In order to assist agencies and the public in locating
    information and to promote information sharing and equitable access
    by the public, the Director shall - 
        (1) cause to be established and maintained a distributed agency-
      based electronic Government Information Locator Service
      (hereafter in this section referred to as the "Service"), which
      shall identify the major information systems, holdings, and
      dissemination products of each agency;
        (2) require each agency to establish and maintain an agency
      information locator service as a component of, and to support the
      establishment and operation of the Service;
        (3) in cooperation with the Archivist of the United States, the
      Administrator of General Services, the Public Printer, and the
      Librarian of Congress, establish an interagency committee to
      advise the Secretary of Commerce on the development of technical
      standards for the Service to ensure compatibility, promote
      information sharing, and uniform access by the public;
        (4) consider public access and other user needs in the
      establishment and operation of the Service;
        (5) ensure the security and integrity of the Service, including
      measures to ensure that only information which is intended to be
      disclosed to the public is disclosed through the Service; and
        (6) periodically review the development and effectiveness of
      the Service and make recommendations for improvement, including
      other mechanisms for improving public access to Federal agency
      public information.

      (b) This section shall not apply to operational files as defined
    by the Central Intelligence Agency Information Act (50 U.S.C. 431
    et seq.).

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 180.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Central Intelligence Agency Information Act, referred to in
    subsec. (b), is Pub. L. 98-477, Oct. 15, 1984, 98 Stat. 2209, which
    is classified principally to subchapter V (Sec. 431 et seq.) of
    chapter 15 of Title 50, War and National Defense. For complete
    classification of this Act to the Code, see Short Title of 1984
    Amendment note set out under section 401 of Title 50 and Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3511, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2822; amended Pub. L. 99-500, Sec. 101(m) [title
    VIII, Sec. 818], Oct. 18, 1986, 100 Stat. 1783-308, 1783-339, and
    Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 818], Oct. 30, 1986,
    100 Stat. 3341-308, 3341-339, related to establishment and
    operation of a Federal Information Locator System prior to the
    general amendment of this chapter by Pub. L. 104-13.
      Another prior section 3511, Pub. L. 90-620, Oct. 22, 1968, 82
    Stat. 1305, provided for penalty for failure to furnish
    information, prior to the general amendment of this chapter by Pub.
    L. 96-511.

-End-



-CITE-
    44 USC Sec. 3512                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3512. Public protection

-STATUTE-
      (a) Notwithstanding any other provision of law, no person shall
    be subject to any penalty for failing to comply with a collection
    of information that is subject to this subchapter if - 
        (1) the collection of information does not display a valid
      control number assigned by the Director in accordance with this
      subchapter; or
        (2) the agency fails to inform the person who is to respond to
      the collection of information that such person is not required to
      respond to the collection of information unless it displays a
      valid control number.

      (b) The protection provided by this section may be raised in the
    form of a complete defense, bar, or otherwise at any time during
    the agency administrative process or judicial action applicable
    thereto.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 181; amended
    Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
    2000, 114 Stat. 1654, 1654A-275.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3512, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2822, related to protection of persons failing to
    maintain or provide information if information collection request
    did not display current control number prior to the general
    amendment of this chapter by Pub. L. 104-13.
      Another prior section 3512, added Pub. L. 93-153, title IV, Sec.
    409(b), Nov. 16, 1973, 87 Stat. 593, related to information for
    independent regulatory agencies, prior to the general amendment of
    this chapter by Pub. L. 96-511.

                                AMENDMENTS                            
      2000 - Subsec. (a). Pub. L. 106-398 substituted "subchapter" for
    "chapter" in introductory provisions and par. (1).

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
    2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-
    398, set out as an Effective Date note under section 3531 of this
    title.

-End-



-CITE-
    44 USC Sec. 3513                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3513. Director review of agency activities; reporting; agency
      response

-STATUTE-
      (a) In consultation with the Administrator of General Services,
    the Archivist of the United States, the Director of the National
    Institute of Standards and Technology, and the Director of the
    Office of Personnel Management, the Director shall periodically
    review selected agency information resources management activities
    to ascertain the efficiency and effectiveness of such activities to
    improve agency performance and the accomplishment of agency
    missions.
      (b) Each agency having an activity reviewed under subsection (a)
    shall, within 60 days after receipt of a report on the review,
    provide a written plan to the Director describing steps (including
    milestones) to - 
        (1) be taken to address information resources management
      problems identified in the report; and
        (2) improve agency performance and the accomplishment of agency
      missions.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 181.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3513, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2822; amended Pub. L. 98-497, title I, Sec.
    107(b)(27), Oct. 19, 1984, 98 Stat. 2291, related to periodic
    review of agency activities by Director and report of review and
    agency response to it prior to the general amendment of this
    chapter by Pub. L. 104-13.

-End-



-CITE-
    44 USC Sec. 3514                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3514. Responsiveness to Congress

-STATUTE-
      (a)(1) The Director shall - 
        (A) keep the Congress and congressional committees fully and
      currently informed of the major activities under this subchapter;
      and
        (B) submit a report on such activities to the President of the
      Senate and the Speaker of the House of Representatives annually
      and at such other times as the Director determines necessary.

      (2) The Director shall include in any such report a description
    of the extent to which agencies have - 
        (A) reduced information collection burdens on the public,
      including - 
          (i) a summary of accomplishments and planned initiatives to
        reduce collection of information burdens;
          (ii) a list of all violations of this subchapter and of any
        rules, guidelines, policies, and procedures issued pursuant to
        this subchapter;
          (iii) a list of any increase in the collection of information
        burden, including the authority for each such collection; and
          (iv) a list of agencies that in the preceding year did not
        reduce information collection burdens in accordance with
        section 3505(a)(1), a list of the programs and statutory
        responsibilities of those agencies that precluded that
        reduction, and recommendations to assist those agencies to
        reduce information collection burdens in accordance with that
        section;

        (B) improved the quality and utility of statistical
      information;
        (C) improved public access to Government information; and
        (D) improved program performance and the accomplishment of
      agency missions through information resources management.

      (b) The preparation of any report required by this section shall
    be based on performance results reported by the agencies and shall
    not increase the collection of information burden on persons
    outside the Federal Government.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 181; amended
    Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
    2000, 114 Stat. 1654, 1654A-275.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3514, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2823, and Pub. L. 99-500, Sec. 101(m) [title VIII,
    Sec. 819], Oct. 18, 1986, 100 Stat. 1783-308, 1783-339, and Pub. L.
    99-591, Sec. 101(m) [title VIII, Sec. 819], Oct. 30, 1986, 100
    Stat. 3341-308, 3341-339, related to requirement that Director keep
    Congress fully informed prior to the general amendment of this
    chapter by Pub. L. 104-13.

                                AMENDMENTS                            
      2000 - Subsec. (a)(1)(A), (2)(A)(ii). Pub. L. 106-398 substituted
    "subchapter" for "chapter" wherever appearing.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
    2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-
    398, set out as an Effective Date note under section 3531 of this
    title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which the 8th item on page 41 identifies an annual reporting
    requirement which, as subsequently amended, is contained in subsec.
    (a) of this section), see section 3003 of Pub. L. 104-66, as
    amended, set out as a note under section 1113 of Title 31, Money
    and Finance.

-End-



-CITE-
    44 USC Sec. 3515                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3515. Administrative powers

-STATUTE-
      Upon the request of the Director, each agency (other than an
    independent regulatory agency) shall, to the extent practicable,
    make its services, personnel, and facilities available to the
    Director for the performance of functions under this subchapter.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 182; amended
    Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
    2000, 114 Stat. 1654, 1654A-275.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3515, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2824, related to availability of agency services,
    personnel, and facilities prior to the general amendment of this
    chapter by Pub. L. 104-13.

                                AMENDMENTS                            
      2000 - Pub. L. 106-398 substituted "subchapter" for "chapter".

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
    2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-
    398, set out as an Effective Date note under section 3531 of this
    title.

-End-



-CITE-
    44 USC Sec. 3516                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3516. Rules and regulations

-STATUTE-
      The Director shall promulgate rules, regulations, or procedures
    necessary to exercise the authority provided by this subchapter.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 182; amended
    Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
    2000, 114 Stat. 1654, 1654A-275.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3516, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2824, related to rules and regulations prior to the
    general amendment of this chapter by Pub. L. 104-13.

                                AMENDMENTS                            
      2000 - Pub. L. 106-398 substituted "subchapter" for "chapter".

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
    2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-
    398, set out as an Effective Date note under section 3531 of this
    title.

                     POLICY AND PROCEDURAL GUIDELINES                 
      Pub. L. 106-554, Sec. 1(a)(3) [title V, Sec. 515], Dec. 21, 2000,
    114 Stat. 2763, 2763A-153, provided that:
      "(a) In General. - The Director of the Office of Management and
    Budget shall, by not later than September 30, 2001, and with public
    and Federal agency involvement, issue guidelines under sections
    3504(d)(1) and 3516 of title 44, United States Code, that provide
    policy and procedural guidance to Federal agencies for ensuring and
    maximizing the quality, objectivity, utility, and integrity of
    information (including statistical information) disseminated by
    Federal agencies in fulfillment of the purposes and provisions of
    chapter 35 of title 44, United States Code, commonly referred to as
    the Paperwork Reduction Act.
      "(b) Content of Guidelines. - The guidelines under subsection (a)
    shall - 
        "(1) apply to the sharing by Federal agencies of, and access
      to, information disseminated by Federal agencies; and
        "(2) require that each Federal agency to which the guidelines
      apply - 
          "(A) issue guidelines ensuring and maximizing the quality,
        objectivity, utility, and integrity of information (including
        statistical information) disseminated by the agency, by not
        later than 1 year after the date of issuance of the guidelines
        under subsection (a);
          "(B) establish administrative mechanisms allowing affected
        persons to seek and obtain correction of information maintained
        and disseminated by the agency that does not comply with the
        guidelines issued under subsection (a); and
          "(C) report periodically to the Director - 
            "(i) the number and nature of complaints received by the
          agency regarding the accuracy of information disseminated by
          the agency; and
            "(ii) how such complaints were handled by the agency."

-End-



-CITE-
    44 USC Sec. 3517                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3517. Consultation with other agencies and the public

-STATUTE-
      (a) In developing information resources management policies,
    plans, rules, regulations, procedures, and guidelines and in
    reviewing collections of information, the Director shall provide
    interested agencies and persons early and meaningful opportunity to
    comment.
      (b) Any person may request the Director to review any collection
    of information conducted by or for an agency to determine, if,
    under this subchapter, a person shall maintain, provide, or
    disclose the information to or for the agency. Unless the request
    is frivolous, the Director shall, in coordination with the agency
    responsible for the collection of information - 
        (1) respond to the request within 60 days after receiving the
      request, unless such period is extended by the Director to a
      specified date and the person making the request is given notice
      of such extension; and
        (2) take appropriate remedial action, if necessary.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 182; amended
    Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
    2000, 114 Stat. 1654, 1654A-275.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3517, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2824, related to consultation with other agencies
    and the public prior to the general amendment of this chapter by
    Pub. L. 104-13.

                                AMENDMENTS                            
      2000 - Subsec. (b). Pub. L. 106-398 substituted "subchapter" for
    "chapter" in introductory provisions.

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
    2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-
    398, set out as an Effective Date note under section 3531 of this
    title.

-End-



-CITE-
    44 USC Sec. 3518                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3518. Effect on existing laws and regulations

-STATUTE-
      (a) Except as otherwise provided in this subchapter, the
    authority of an agency under any other law to prescribe policies,
    rules, regulations, and procedures for Federal information
    resources management activities is subject to the authority of the
    Director under this subchapter.
      (b) Nothing in this subchapter shall be deemed to affect or
    reduce the authority of the Secretary of Commerce or the Director
    of the Office of Management and Budget pursuant to Reorganization
    Plan No. 1 of 1977 (as amended) and Executive order, relating to
    telecommunications and information policy, procurement and
    management of telecommunications and information systems, spectrum
    use, and related matters.
      (c)(1) Except as provided in paragraph (2), this subchapter shall
    not apply to the collection of information - 
        (A) during the conduct of a Federal criminal investigation or
      prosecution, or during the disposition of a particular criminal
      matter;
        (B) during the conduct of - 
          (i) a civil action to which the United States or any official
        or agency thereof is a party; or
          (ii) an administrative action or investigation involving an
        agency against specific individuals or entities;

        (C) by compulsory process pursuant to the Antitrust Civil
      Process Act and section 13 of the Federal Trade Commission
      Improvements Act of 1980; or
        (D) during the conduct of intelligence activities as defined in
      section 3.4(e) of Executive Order No. 12333, issued December 4,
      1981, or successor orders, or during the conduct of cryptologic
      activities that are communications security activities.

      (2) This subchapter applies to the collection of information
    during the conduct of general investigations (other than
    information collected in an antitrust investigation to the extent
    provided in subparagraph (C) of paragraph (1)) undertaken with
    reference to a category of individuals or entities such as a class
    of licensees or an entire industry.
      (d) Nothing in this subchapter shall be interpreted as increasing
    or decreasing the authority conferred by sections 11331 and 11332
    (!1) of title 40 on the Secretary of Commerce or the Director of
    the Office of Management and Budget.

      (e) Nothing in this subchapter shall be interpreted as increasing
    or decreasing the authority of the President, the Office of
    Management and Budget or the Director thereof, under the laws of
    the United States, with respect to the substantive policies and
    programs of departments, agencies and offices, including the
    substantive authority of any Federal agency to enforce the civil
    rights laws.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 183; amended
    Pub. L. 104-106, div. E, title LI, Sec. 5131(e)(2), Feb. 10, 1996,
    110 Stat. 688; Pub. L. 105-85, div. A, title X, Sec. 1073(h)(5)(C),
    Nov. 18, 1997, 111 Stat. 1907; Pub. L. 106-398, Sec. 1 [[div. A],
    title X, Sec. 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275;
    Pub. L. 107-217, Sec. 3(l)(7), Aug. 21, 2002, 116 Stat. 1302.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Reorganization Plan No. 1 of 1977, referred to in subsec. (b), is
    set out in the Appendix to Title 5, Government Organization and
    Employees.
      Executive order, referred to in subsec. (b), probably means Ex.
    Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, which is set out as a
    note under section 305 of Title 47, Telegraphs, Telephones, and
    Radiotelegraphs.
      The Antitrust Civil Process Act, referred to in subsec.
    (c)(1)(C), is Pub. L. 87-664, Sept. 19, 1962, 76 Stat. 548, as
    amended, which is classified generally to chapter 34 (Sec. 1311 et
    seq.) of Title 15, Commerce and Trade. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1311 of Title 15 and Tables.
      Section 13 of the Federal Trade Commission Improvements Act of
    1980, referred to in subsec. (c)(1)(C), is classified to section
    57b-1 of Title 15.
      Executive Order No. 12333, referred to in subsec. (c)(1)(D), is
    Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, which is set out
    as a note under section 401 of Title 50, War and National Defense.
      Section 11332 of title 40, referred to in subsec. (d), was
    repealed by Pub. L. 107-296, title X, Sec. 1005(a)(1), Nov. 25,
    2002, 116 Stat. 2272, and Pub. L. 107-347, title III, Sec. 305(a),
    Dec. 17, 2002, 116 Stat. 2960.
      The civil rights laws, referred to in subsec. (e), are classified
    generally to chapter 21 (Sec. 1981 et seq.) of Title 42, The Public
    Health and Welfare.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3518, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2824, related to the effect on existing laws and
    regulations prior to the general amendment of this chapter by Pub.
    L. 104-13.

                                AMENDMENTS                            
      2002 - Subsec. (d). Pub. L. 107-217 substituted "sections 11331
    and 11332 of title 40" for "section 5131 of the Clinger-Cohen Act
    of 1996 (40 U.S.C. 1441) and the Computer Security Act of 1987 (40
    U.S.C. 759 note)".
      2000 - Pub. L. 106-398 substituted "subchapter" for "chapter"
    wherever appearing.
      1997 - Subsec. (d). Pub. L. 105-85 substituted "Clinger-Cohen Act
    of 1996 (40 U.S.C. 1441)" for "Information Technology Management
    Reform Act of 1996".
      1996 - Subsec. (d). Pub. L. 104-106 substituted "section 5131 of
    the Information Technology Management Reform Act of 1996 and the
    Computer Security Act of 1987 (40 U.S.C. 759 note) on the Secretary
    of Commerce or" for "Public Law 89-306 on the Administrator of the
    General Services Administration, the Secretary of Commerce, or".

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
    2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-
    398, set out as an Effective Date note under section 3531 of this
    title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,
    1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.
    702.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    44 USC Sec. 3519                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3519. Access to information

-STATUTE-
      Under the conditions and procedures prescribed in section 716 of
    title 31, the Director and personnel in the Office of Information
    and Regulatory Affairs shall furnish such information as the
    Comptroller General may require for the discharge of the
    responsibilities of the Comptroller General. For the purpose of
    obtaining such information, the Comptroller General or
    representatives thereof shall have access to all books, documents,
    papers and records, regardless of form or format, of the Office.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 183.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3519, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
    1980, 94 Stat. 2825; amended Pub. L. 97-258, Sec. 3(m)(3), Sept.
    13, 1982, 96 Stat. 1066, related to access to information prior to
    the general amendment of this chapter by Pub. L. 104-13.

-End-



-CITE-
    44 USC Sec. 3520                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3520. Establishment of task force on information collection
      and dissemination

-STATUTE-
      (a) There is established a task force to study the feasibility of
    streamlining requirements with respect to small business concerns
    regarding collection of information and strengthening dissemination
    of information (in this section referred to as the "task force").
      (b)(1) The Director shall determine - 
        (A) subject to the minimum requirements under paragraph (2),
      the number of representatives to be designated under each
      subparagraph of that paragraph; and
        (B) the agencies to be represented under paragraph (2)(K).

      (2) After all determinations are made under paragraph (1), the
    members of the task force shall be designated by the head of each
    applicable department or agency, and include - 
        (A) 1 representative of the Director, who shall convene and
      chair the task force;
        (B) not less than 2 representatives of the Department of Labor,
      including 1 representative of the Bureau of Labor Statistics and
      1 representative of the Occupational Safety and Health
      Administration;
        (C) not less than 1 representative of the Environmental
      Protection Agency;
        (D) not less than 1 representative of the Department of
      Transportation;
        (E) not less than 1 representative of the Office of Advocacy of
      the Small Business Administration;
        (F) not less than 1 representative of the Internal Revenue
      Service;
        (G) not less than 2 representatives of the Department of Health
      and Human Services, including 1 representative of the Centers for
      Medicare and Medicaid Services;
        (H) not less than 1 representative of the Department of
      Agriculture;
        (I) not less than 1 representative of the Department of the
      Interior;
        (J) not less than 1 representative of the General Services
      Administration; and
        (K) not less than 1 representative of each of 2 agencies not
      represented by representatives described under subparagraphs (A)
      through (J).

      (c) The task force shall - 
        (1) identify ways to integrate the collection of information
      across Federal agencies and programs and examine the feasibility
      and desirability of requiring each agency to consolidate
      requirements regarding collections of information with respect to
      small business concerns within and across agencies, without
      negatively impacting the effectiveness of underlying laws and
      regulations regarding such collections of information, in order
      that each small business concern may submit all information
      required by the agency - 
          (A) to 1 point of contact in the agency;
          (B) in a single format, such as a single electronic reporting
        system, with respect to the agency; and
          (C) with synchronized reporting for information submissions
        having the same frequency, such as synchronized quarterly,
        semiannual, and annual reporting dates;

        (2) examine the feasibility and benefits to small businesses of
      publishing a list by the Director of the collections of
      information applicable to small business concerns (as defined in
      section 3 of the Small Business Act (15 U.S.C. 632)), organized -
      
          (A) by North American Industry Classification System code;
          (B) by industrial sector description; or
          (C) in another manner by which small business concerns can
        more easily identify requirements with which those small
        business concerns are expected to comply;

        (3) examine the savings, including cost savings, and develop
      recommendations for implementing - 
          (A) systems for electronic submissions of information to the
        Federal Government; and
          (B) interactive reporting systems, including components that
        provide immediate feedback to assure that data being submitted -
         
            (i) meet requirements of format; and
            (ii) are within the range of acceptable options for each
          data field;

        (4) make recommendations to improve the electronic
      dissemination of information collected under Federal
      requirements;
        (5) recommend a plan for the development of an interactive
      Governmentwide system, available through the Internet, to allow
      each small business to - 
          (A) better understand which Federal requirements regarding
        collection of information (and, when possible, which other
        Federal regulatory requirements) apply to that particular
        business; and
          (B) more easily comply with those Federal requirements; and

        (6) in carrying out this section, consider opportunities for
      the coordination - 
          (A) of Federal and State reporting requirements; and
          (B) among the points of contact described under section
        3506(i), such as to enable agencies to provide small business
        concerns with contacts for information collection requirements
        for other agencies.

      (d) The task force shall - 
        (1) by publication in the Federal Register, provide notice and
      an opportunity for public comment on each report in draft form;
      and
        (2) make provision in each report for the inclusion of - 
          (A) any additional or dissenting views of task force members;
        and
          (B) a summary of significant public comments.

      (e) Not later than 1 year after the date of enactment of the
    Small Business Paperwork Relief Act of 2002, the task force shall
    submit a report of its findings under subsection (c) (1), (2), and
    (3) to - 
        (1) the Director;
        (2) the chairpersons and ranking minority members of - 
          (A) the Committee on Governmental Affairs and the Committee
        on Small Business and Entrepreneurship of the Senate; and
          (B) the Committee on Government Reform and the Committee on
        Small Business of the House of Representatives; and

        (3) the Small Business and Agriculture Regulatory Enforcement
      Ombudsman designated under section 30(b) of the Small Business
      Act (15 U.S.C. 657(b)).

      (f) Not later than 2 years after the date of enactment of the
    Small Business Paperwork Relief Act of 2002, the task force shall
    submit a report of its findings under subsection (c) (4) and (5) to
    - 
        (1) the Director;
        (2) the chairpersons and ranking minority members of - 
          (A) the Committee on Governmental Affairs and the Committee
        on Small Business and Entrepreneurship of the Senate; and
          (B) the Committee on Government Reform and the Committee on
        Small Business of the House of Representatives; and

        (3) the Small Business and Agriculture Regulatory Enforcement
      Ombudsman designated under section 30(b) of the Small Business
      Act (15 U.S.C. 657(b)).

      (g) The task force shall terminate after completion of its work.
      (h) In this section, the term "small business concern" has the
    meaning given under section 3 of the Small Business Act (15 U.S.C.
    632).

-SOURCE-
    (Added Pub. L. 107-198, Sec. 3(a)(2), June 28, 2002, 116 Stat.
    730.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of enactment of the Small Business Paperwork Relief Act
    of 2002, referred to in subsecs. (e) and (f), is the date of
    enactment of Pub. L. 107-198, which was approved June 28, 2002.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3520 was renumbered section 3521 of this title.
      Another prior section 3520, added Pub. L. 96-511, Sec. 2(a), Dec.
    11, 1980, 94 Stat. 2825; amended Pub. L. 99-500, Sec. 101(m) [title
    VIII, Sec. 820], Oct. 18, 1986, 100 Stat. 1783-308, 1783-340, and
    Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 820], Oct. 30, 1986,
    100 Stat. 3341-308, 3341-340, related to authorization of
    appropriations prior to the general amendment of this chapter by
    Pub. L. 104-13.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.

-End-



-CITE-
    44 USC Sec. 3521                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER I - FEDERAL INFORMATION POLICY

-HEAD-
    Sec. 3521. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to the Office of
    Information and Regulatory Affairs to carry out the provisions of
    this subchapter, and for no other purpose, $8,000,000 for each of
    the fiscal years 1996, 1997, 1998, 1999, 2000, and 2001.

-SOURCE-
    (Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 184, Sec.
    3520; amended Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.
    1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275; renumbered Sec.
    3521, Pub. L. 107-198, Sec. 3(a)(1), June 28, 2002, 116 Stat. 730.)


-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-198 renumbered section 3520 of this title as
    this section.
      2000 - Pub. L. 106-398 substituted "subchapter" for "chapter".

                     EFFECTIVE DATE OF 2000 AMENDMENT                 
      Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
    2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-
    398, set out as an Effective Date note under section 3531 of this
    title.

                              EFFECTIVE DATE                          
      Section effective May 22, 1995, see section 4 of Pub. L. 104-13,
    set out as a note under section 3501 of this title.

-End-


-CITE-
    44 USC SUBCHAPTER II - INFORMATION SECURITY                 01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER II - INFORMATION SECURITY

-HEAD-
                   SUBCHAPTER II - INFORMATION SECURITY               


-STATAMEND-
                        APPLICABILITY OF SUBCHAPTER                    
      This subchapter not to apply while subchapter III of this chapter
    is in effect, see section 3549 of this title.


-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
    116 Stat. 2259, reenacted subchapter heading without change.

-End-



-CITE-
    44 USC Sec. 3531                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER II - INFORMATION SECURITY

-HEAD-
    Sec. 3531. Purposes

-STATUTE-
      The purposes of this subchapter are to - 
        (1) provide a comprehensive framework for ensuring the
      effectiveness of information security controls over information
      resources that support Federal operations and assets;
        (2) recognize the highly networked nature of the current
      Federal computing environment and provide effective
      governmentwide management and oversight of the related
      information security risks, including coordination of information
      security efforts throughout the civilian, national security, and
      law enforcement communities;
        (3) provide for development and maintenance of minimum controls
      required to protect Federal information and information systems;
        (4) provide a mechanism for improved oversight of Federal
      agency information security programs;
        (5) acknowledge that commercially developed information
      security products offer advanced, dynamic, robust, and effective
      information security solutions, reflecting market solutions for
      the protection of critical information infrastructures important
      to the national defense and economic security of the nation that
      are designed, built, and operated by the private sector; and
        (6) recognize that the selection of specific technical hardware
      and software information security solutions should be left to
      individual agencies from among commercially developed products.

-SOURCE-
    (Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
    116 Stat. 2259.)


-STATAMEND-
                         APPLICABILITY OF SECTION                     
      This section not to apply while subchapter III of this chapter is
    in effect, see section 3549 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3531, added Pub. L. 106-398, Sec. 1 [[div. A],
    title X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-266, set
    forth purposes of this subchapter prior to the general amendment of
    this subchapter by Pub. L. 107-296.

                              EFFECTIVE DATE                          
      Subchapter effective 60 days after Nov. 25, 2002, see section 4
    of Pub. L. 107-296, set out as a note under section 101 of Title 6,
    Domestic Security.
      Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1065], Oct. 30,
    2000, 114 Stat. 1654, 1654A-275, which provided that subtitle G
    (Secs. 1061-1065) of title X of [div. A] of H.R. 5408, as enacted
    by section 1 of Pub. L. 106-398, enacting this subchapter, amending
    sections 3501 to 3507, 3509, 3512, 3514 to 3518, and 3520 of this
    title, and section 2224 of Title 10, Armed Forces, and enacting
    provisions formerly set out as a note below , would take effect 30
    days after Oct. 30, 2000, was repealed by Pub. L. 107-296, title X,
    Sec. 1005(b), Nov. 25, 2002, 116 Stat. 2272.

                   RESPONSIBILITIES OF CERTAIN AGENCIES               
      Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1062], Oct. 30,
    2000, 114 Stat. 1654, 1654A-272, which set forth responsibilities
    of Department of Commerce, Department of Defense, Intelligence
    Community, Department of Justice, General Services Administration,
    and Office of Personnel Management relating to development,
    issuance, review, and updating of information security policies,
    principles, standards, and guidelines, including assessment of
    training and personnel needs, was repealed by Pub. L. 107-296,
    title X, Sec. 1005(b), Nov. 25, 2002, 116 Stat. 2272, and Pub. L.
    107-347, title III, Sec. 305(b), Dec. 17, 2002, 116 Stat. 2960.

-End-



-CITE-
    44 USC Sec. 3532                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER II - INFORMATION SECURITY

-HEAD-
    Sec. 3532. Definitions

-STATUTE-
      (a) In General. - Except as provided under subsection (b), the
    definitions under section 3502 shall apply to this subchapter.
      (b) Additional Definitions. - As used in this subchapter - 
        (1) the term "information security" means protecting
      information and information systems from unauthorized access,
      use, disclosure, disruption, modification, or destruction in
      order to provide - 
          (A) integrity, which means guarding against improper
        information modification or destruction, and includes ensuring
        information nonrepudiation and authenticity;
          (B) confidentiality, which means preserving authorized
        restrictions on access and disclosure, including means for
        protecting personal privacy and proprietary information;
          (C) availability, which means ensuring timely and reliable
        access to and use of information; and
          (D) authentication, which means utilizing digital credentials
        to assure the identity of users and validate their access;

        (2) the term "national security system" means any information
      system (including any telecommunications system) used or operated
      by an agency or by a contractor of an agency, or other
      organization on behalf of an agency, the function, operation, or
      use of which - 
          (A) involves intelligence activities;
          (B) involves cryptologic activities related to national
        security;
          (C) involves command and control of military forces;
          (D) involves equipment that is an integral part of a weapon
        or weapons system; or
          (E) is critical to the direct fulfillment of military or
        intelligence missions provided that this definition does not
        apply to a system that is used for routine administrative and
        business applications (including payroll, finance, logistics,
        and personnel management applications);

        (3) the term "information technology" has the meaning given
      that term in section 11101 of title 40; and
        (4) the term "information system" means any equipment or
      interconnected system or subsystems of equipment that is used in
      the automatic acquisition, storage, manipulation, management,
      movement, control, display, switching, interchange, transmission,
      or reception of data or information, and includes - 
          (A) computers and computer networks;
          (B) ancillary equipment;
          (C) software, firmware, and related procedures;
          (D) services, including support services; and
          (E) related resources.

-SOURCE-
    (Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
    116 Stat. 2260.)


-STATAMEND-
                         APPLICABILITY OF SECTION                     
      This section not to apply while subchapter III of this chapter is
    in effect, see section 3549 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3532, added Pub. L. 106-398, Sec. 1 [[div. A],
    title X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-266,
    related to definitions applicable to this subchapter prior to the
    general amendment of this subchapter by Pub. L. 107-296.

-End-



-CITE-
    44 USC Sec. 3533                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER II - INFORMATION SECURITY

-HEAD-
    Sec. 3533. Authority and functions of the Director

-STATUTE-
      (a) The Director shall oversee agency information security
    policies and practices, by - 
        (1) promulgating information security standards under section
      11331 of title 40;
        (2) overseeing the implementation of policies, principles,
      standards, and guidelines on information security;
        (3) requiring agencies, consistent with the standards
      promulgated under such section 11331 and the requirements of this
      subchapter, to identify and provide information security
      protections commensurate with the risk and magnitude of the harm
      resulting from the unauthorized access, use, disclosure,
      disruption, modification, or destruction of - 
          (A) information collected or maintained by or on behalf of an
        agency; or
          (B) information systems used or operated by an agency or by a
        contractor of an agency or other organization on behalf of an
        agency;

        (4) coordinating the development of standards and guidelines
      under section 20 of the National Institute of Standards and
      Technology Act (15 U.S.C. 278g-3) with agencies and offices
      operating or exercising control of national security systems
      (including the National Security Agency) to assure, to the
      maximum extent feasible, that such standards and guidelines are
      complementary with standards and guidelines developed for
      national security systems;
        (5) overseeing agency compliance with the requirements of this
      subchapter, including through any authorized action under section
      11303(b)(5) of title 40, to enforce accountability for compliance
      with such requirements;
        (6) reviewing at least annually, and approving or disapproving,
      agency information security programs required under section
      3534(b);
        (7) coordinating information security policies and procedures
      with related information resources management policies and
      procedures; and
        (8) reporting to Congress no later than March 1 of each year on
      agency compliance with the requirements of this subchapter,
      including - 
          (A) a summary of the findings of evaluations required by
        section 3535;
          (B) significant deficiencies in agency information security
        practices;
          (C) planned remedial action to address such deficiencies; and
          (D) a summary of, and the views of the Director on, the
        report prepared by the National Institute of Standards and
        Technology under section 20(d)(9) of the National Institute of
        Standards and Technology Act (15 U.S.C. 278g-3).

      (b) Except for the authorities described in paragraphs (4) and
    (7) of subsection (a), the authorities of the Director under this
    section shall not apply to national security systems.

-SOURCE-
    (Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
    116 Stat. 2261.)


-STATAMEND-
                         APPLICABILITY OF SECTION                     
      This section not to apply while subchapter III of this chapter is
    in effect, see section 3549 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3533, added Pub. L. 106-398, Sec. 1 [[div. A],
    title X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-266, set
    forth authority and functions of the Director prior to the general
    amendment of this subchapter by Pub. L. 107-296.

-End-



-CITE-
    44 USC Sec. 3534                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER II - INFORMATION SECURITY

-HEAD-
    Sec. 3534. Federal agency responsibilities

-STATUTE-
      (a) The head of each agency shall - 
        (1) be responsible for - 
          (A) providing information security protections commensurate
        with the risk and magnitude of the harm resulting from
        unauthorized access, use, disclosure, disruption, modification,
        or destruction of - 
            (i) information collected or maintained by or on behalf of
          the agency; and
            (ii) information systems used or operated by an agency or
          by a contractor of an agency or other organization on behalf
          of an agency;

          (B) complying with the requirements of this subchapter and
        related policies, procedures, standards, and guidelines,
        including - 
            (i) information security standards promulgated by the
          Director under section 11331 of title 40; and
            (ii) information security standards and guidelines for
          national security systems issued in accordance with law and
          as directed by the President; and

          (C) ensuring that information security management processes
        are integrated with agency strategic and operational planning
        processes;

        (2) ensure that senior agency officials provide information
      security for the information and information systems that support
      the operations and assets under their control, including through -
       
          (A) assessing the risk and magnitude of the harm that could
        result from the unauthorized access, use, disclosure,
        disruption, modification, or destruction of such information or
        information systems;
          (B) determining the levels of information security
        appropriate to protect such information and information systems
        in accordance with standards promulgated under section 11331 of
        title 40 for information security classifications and related
        requirements;
          (C) implementing policies and procedures to cost-effectively
        reduce risks to an acceptable level; and
          (D) periodically testing and evaluating information security
        controls and techniques to ensure that they are effectively
        implemented;

        (3) delegate to the agency Chief Information Officer
      established under section 3506 (or comparable official in an
      agency not covered by such section) the authority to ensure
      compliance with the requirements imposed on the agency under this
      subchapter, including - 
          (A) designating a senior agency information security officer
        who shall - 
            (i) carry out the Chief Information Officer's
          responsibilities under this section;
            (ii) possess professional qualifications, including
          training and experience, required to administer the functions
          described under this section;
            (iii) have information security duties as that official's
          primary duty; and
            (iv) head an office with the mission and resources to
          assist in ensuring agency compliance with this section;

          (B) developing and maintaining an agencywide information
        security program as required by subsection (b);
          (C) developing and maintaining information security policies,
        procedures, and control techniques to address all applicable
        requirements, including those issued under section 3533 of this
        title, and section 11331 of title 40;
          (D) training and overseeing personnel with significant
        responsibilities for information security with respect to such
        responsibilities; and
          (E) assisting senior agency officials concerning their
        responsibilities under paragraph (2);

        (4) ensure that the agency has trained personnel sufficient to
      assist the agency in complying with the requirements of this
      subchapter and related policies, procedures, standards, and
      guidelines; and
        (5) ensure that the agency Chief Information Officer, in
      coordination with other senior agency officials, reports annually
      to the agency head on the effectiveness of the agency information
      security program, including progress of remedial actions.

      (b) Each agency shall develop, document, and implement an
    agencywide information security program, approved by the Director
    under section 3533(a)(5), to provide information security for the
    information and information systems that support the operations and
    assets of the agency, including those provided or managed by
    another agency, contractor, or other source, that includes - 
        (1) periodic assessments of the risk and magnitude of the harm
      that could result from the unauthorized access, use, disclosure,
      disruption, modification, or destruction of information and
      information systems that support the operations and assets of the
      agency;
        (2) policies and procedures that - 
          (A) are based on the risk assessments required by paragraph
        (1);
          (B) cost-effectively reduce information security risks to an
        acceptable level;
          (C) ensure that information security is addressed throughout
        the life cycle of each agency information system; and
          (D) ensure compliance with - 
            (i) the requirements of this subchapter;
            (ii) policies and procedures as may be prescribed by the
          Director, and information security standards promulgated
          under section 11331 of title 40;
            (iii) minimally acceptable system configuration
          requirements, as determined by the agency; and
            (iv) any other applicable requirements, including standards
          and guidelines for national security systems issued in
          accordance with law and as directed by the President;

        (3) subordinate plans for providing adequate information
      security for networks, facilities, and systems or groups of
      information systems, as appropriate;
        (4) security awareness training to inform personnel, including
      contractors and other users of information systems that support
      the operations and assets of the agency, of - 
          (A) information security risks associated with their
        activities; and
          (B) their responsibilities in complying with agency policies
        and procedures designed to reduce these risks;

        (5) periodic testing and evaluation of the effectiveness of
      information security policies, procedures, and practices, to be
      performed with a frequency depending on risk, but no less than
      annually, of which such testing - 
          (A) shall include testing of management, operational, and
        technical controls of every information system identified in
        the inventory required under section 3505(c); and
          (B) may include testing relied on in a (!1) evaluation under
        section 3535;


        (6) a process for planning, implementing, evaluating, and
      documenting remedial action to address any deficiencies in the
      information security policies, procedures, and practices of the
      agency;
        (7) procedures for detecting, reporting, and responding to
      security incidents, including - 
          (A) mitigating risks associated with such incidents before
        substantial damage is done; and
          (B) notifying and consulting with, as appropriate - 
            (i) law enforcement agencies and relevant Offices of
          Inspector General;
            (ii) an office designated by the President for any incident
          involving a national security system; and
            (iii) any other agency or office, in accordance with law or
          as directed by the President; and

        (8) plans and procedures to ensure continuity of operations for
      information systems that support the operations and assets of the
      agency.

      (c) Each agency shall - 
        (1) report annually to the Director, the Committees on
      Government Reform and Science of the House of Representatives,
      the Committees on Governmental Affairs and Commerce, Science, and
      Transportation of the Senate, the appropriate authorization and
      appropriations committees of Congress, and the Comptroller
      General on the adequacy and effectiveness of information security
      policies, procedures, and practices, and compliance with the
      requirements of this subchapter, including compliance with each
      requirement of subsection (b);
        (2) address the adequacy and effectiveness of information
      security policies, procedures, and practices in plans and reports
      relating to - 
          (A) annual agency budgets;
          (B) information resources management under subchapter 1 (!2)
        of this chapter;

          (C) information technology management under subtitle III of
        title 40;
          (D) program performance under sections 1105 and 1115 through
        1119 of title 31, and sections 2801 and 2805 of title 39;
          (E) financial management under chapter 9 of title 31, and the
        Chief Financial Officers Act of 1990 (31 U.S.C. 501 note;
        Public Law 101-576) (and the amendments made by that Act);
          (F) financial management systems under the Federal Financial
        Management Improvement Act (31 U.S.C. 3512 note); and
          (G) internal accounting and administrative controls under
        section 3512 of title 31, United States Code,(!3) (known as the
        "Federal Managers Financial Integrity Act"); and


        (3) report any significant deficiency in a policy, procedure,
      or practice identified under paragraph (1) or (2) - 
          (A) as a material weakness in reporting under section 3512 of
        title 31; and
          (B) if relating to financial management systems, as an
        instance of a lack of substantial compliance under the Federal
        Financial Management Improvement Act (31 U.S.C. 3512 note).

      (d)(1) In addition to the requirements of subsection (c), each
    agency, in consultation with the Director, shall include as part of
    the performance plan required under section 1115 of title 31 a
    description of - 
        (A) the time periods; and
        (B) the resources, including budget, staffing, and training,

    that are necessary to implement the program required under
    subsection (b).
      (2) The description under paragraph (1) shall be based on the
    risk assessments required under subsection (b)(2)(1).
      (e) Each agency shall provide the public with timely notice and
    opportunities for comment on proposed information security policies
    and procedures to the extent that such policies and procedures
    affect communication with the public.

-SOURCE-
    (Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
    116 Stat. 2262.)


-STATAMEND-
                         APPLICABILITY OF SECTION                     
      This section not to apply while subchapter III of this chapter is
    in effect, see section 3549 of this title.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Chief Financial Officers Act of 1990, referred to in subsec.
    (c)(2)(E), is Pub. L. 101-576, Nov. 15, 1990, 104 Stat. 2838. For
    complete classification of this Act to the Code, see Short Title of
    1990 Amendment note set out under section 501 of Title 31, Money
    and Finance, and Tables.
      The Federal Financial Management Improvement Act, referred to in
    subsec. (c)(2)(F), (3)(B), probably means the Federal Financial
    Management Improvement Act of 1996, Pub. L. 104-208, div. A, title
    I, Sec. 101(f) [title VIII], Sept. 30, 1996, 110 Stat. 3009-314,
    3009-389, which is set out as a note under section 3512 of Title
    31, Money and Finance. For complete classification of this Act to
    the Code, see Tables.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3534, added Pub. L. 106-398, Sec. 1 [[div. A],
    title X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-268,
    related to Federal agency responsibilities prior to the general
    amendment of this subchapter by Pub. L. 107-296.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.

-FOOTNOTE-
    (!1) So in original. Probably should be "an".

    (!2) So in original. Probably should be "I".

    (!3) So in original. The comma probably should not appear.


-End-



-CITE-
    44 USC Sec. 3535                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER II - INFORMATION SECURITY

-HEAD-
    Sec. 3535. Annual independent evaluation

-STATUTE-
      (a)(1) Each year each agency shall have performed an independent
    evaluation of the information security program and practices of
    that agency to determine the effectiveness of such program and
    practices.
      (2) Each evaluation by an agency under this section shall include
    - 
        (A) testing of the effectiveness of information security
      policies, procedures, and practices of a representative subset of
      the agency's information systems;
        (B) an assessment (made on the basis of the results of the
      testing) of compliance with - 
          (i) the requirements of this subchapter; and
          (ii) related information security policies, procedures,
        standards, and guidelines; and

        (C) separate presentations, as appropriate, regarding
      information security relating to national security systems.

      (b) Subject to subsection (c) - 
        (1) for each agency with an Inspector General appointed under
      the Inspector General Act of 1978 or any other law, the annual
      evaluation required by this section shall be performed by the
      Inspector General or by an independent external auditor, as
      determined by the Inspector General of the agency; and
        (2) for each agency to which paragraph (1) does not apply, the
      head of the agency shall engage an independent external auditor
      to perform the evaluation.

      (c) For each agency operating or exercising control of a national
    security system, that portion of the evaluation required by this
    section directly relating to a national security system shall be
    performed - 
        (1) only by an entity designated by the agency head; and
        (2) in such a manner as to ensure appropriate protection for
      information associated with any information security
      vulnerability in such system commensurate with the risk and in
      accordance with all applicable laws.

      (d) The evaluation required by this section - 
        (1) shall be performed in accordance with generally accepted
      government auditing standards; and
        (2) may be based in whole or in part on an audit, evaluation,
      or report relating to programs or practices of the applicable
      agency.

      (e) Each year, not later than such date established by the
    Director, the head of each agency shall submit to the Director the
    results of the evaluation required under this section.
      (f) Agencies and evaluators shall take appropriate steps to
    ensure the protection of information which, if disclosed, may
    adversely affect information security. Such protections shall be
    commensurate with the risk and comply with all applicable laws and
    regulations.
      (g)(1) The Director shall summarize the results of the
    evaluations conducted under this section in the report to Congress
    required under section 3533(a)(8).
      (2) The Director's report to Congress under this subsection shall
    summarize information regarding information security relating to
    national security systems in such a manner as to ensure appropriate
    protection for information associated with any information security
    vulnerability in such system commensurate with the risk and in
    accordance with all applicable laws.
      (3) Evaluations and any other descriptions of information systems
    under the authority and control of the Director of Central
    Intelligence or of National Foreign Intelligence Programs systems
    under the authority and control of the Secretary of Defense shall
    be made available to Congress only through the appropriate
    oversight committees of Congress, in accordance with applicable
    laws.
      (h) The Comptroller General shall periodically evaluate and
    report to Congress on - 
        (1) the adequacy and effectiveness of agency information
      security policies and practices; and
        (2) implementation of the requirements of this subchapter.

-SOURCE-
    (Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
    116 Stat. 2265; amended Pub. L. 108-177, title III, Sec. 377(e),
    Dec. 13, 2003, 117 Stat. 2631.)


-STATAMEND-
                         APPLICABILITY OF SECTION                     
      This section not to apply while subchapter III of this chapter is
    in effect, see section 3549 of this title.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Inspector General Act of 1978, referred to in subsec. (b)(1),
    is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which
    is set out in the Appendix to Title 5, Government Organization and
    Employees.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3535, added Pub. L. 106-398, Sec. 1 [[div. A],
    title X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-271,
    related to annual independent evaluation prior to the general
    amendment of this subchapter by Pub. L. 107-296.

                                AMENDMENTS                            
      2003 - Subsec. (b)(1). Pub. L. 108-177 inserted "or any other
    law" after "1978".

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-End-



-CITE-
    44 USC Sec. 3536                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER II - INFORMATION SECURITY

-HEAD-
    Sec. 3536. National security systems

-STATUTE-
      The head of each agency operating or exercising control of a
    national security system shall be responsible for ensuring that the
    agency - 
        (1) provides information security protections commensurate with
      the risk and magnitude of the harm resulting from the
      unauthorized access, use, disclosure, disruption, modification,
      or destruction of the information contained in such system;
        (2) implements information security policies and practices as
      required by standards and guidelines for national security
      systems, issued in accordance with law and as directed by the
      President; and
        (3) complies with the requirements of this subchapter.

-SOURCE-
    (Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
    116 Stat. 2266.)


-STATAMEND-
                         APPLICABILITY OF SECTION                     
      This section not to apply while subchapter III of this chapter is
    in effect, see section 3549 of this title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 3536, added Pub. L. 106-398, Sec. 1 [[div. A],
    title X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-272;
    amended Pub. L. 107-314, div. A, title X, Sec. 1052(a), Dec. 2,
    2002, 116 Stat. 2648, set forth expiration date of this subchapter
    prior to the general amendment of this subchapter by Pub. L. 107-
    296.

                              EFFECTIVE DATE                          
      Section effective 60 days after Nov. 25, 2002, see section 4 of
    Pub. L. 107-296, set out as a note under section 101 of Title 6,
    Domestic Security.

-End-



-CITE-
    44 USC Sec. 3537                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER II - INFORMATION SECURITY

-HEAD-
    Sec. 3537. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to carry out the
    provisions of this subchapter such sums as may be necessary for
    each of fiscal years 2003 through 2007.

-SOURCE-
    (Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
    116 Stat. 2267.)


-STATAMEND-
                         APPLICABILITY OF SECTION                     
      This section not to apply while subchapter III of this chapter is
    in effect, see section 3549 of this title.

-End-



-CITE-
    44 USC Sec. 3538                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER II - INFORMATION SECURITY

-HEAD-
    Sec. 3538. Effect on existing law

-STATUTE-
      Nothing in this subchapter, section 11331 of title 40, or section
    20 of the National Standards (!1) and Technology Act (15 U.S.C.
    278g-3) may be construed as affecting the authority of the
    President, the Office of Management and Budget or the Director
    thereof, the National Institute of Standards and Technology, or the
    head of any agency, with respect to the authorized use or
    disclosure of information, including with regard to the protection
    of personal privacy under section 552a of title 5, the disclosure
    of information under section 552 of title 5, the management and
    disposition of records under chapters 29, 31, or 33 of title 44,
    the management of information resources under subchapter I of
    chapter 35 of this title, or the disclosure of information to
    Congress or the Comptroller General of the United States.


-SOURCE-
    (Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
    116 Stat. 2267.)


-STATAMEND-
                         APPLICABILITY OF SECTION                     
      This section not to apply while subchapter III of this chapter is
    in effect, see section 3549 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "National Institute of
         Standards".


-End-


-CITE-
    44 USC SUBCHAPTER III - INFORMATION SECURITY                01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER III - INFORMATION SECURITY

-HEAD-
                   SUBCHAPTER III - INFORMATION SECURITY               

-End-



-CITE-
    44 USC Sec. 3541                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER III - INFORMATION SECURITY

-HEAD-
    Sec. 3541. Purposes

-STATUTE-
      The purposes of this subchapter are to - 
        (1) provide a comprehensive framework for ensuring the
      effectiveness of information security controls over information
      resources that support Federal operations and assets;
        (2) recognize the highly networked nature of the current
      Federal computing environment and provide effective
      governmentwide management and oversight of the related
      information security risks, including coordination of information
      security efforts throughout the civilian, national security, and
      law enforcement communities;
        (3) provide for development and maintenance of minimum controls
      required to protect Federal information and information systems;
        (4) provide a mechanism for improved oversight of Federal
      agency information security programs;
        (5) acknowledge that commercially developed information
      security products offer advanced, dynamic, robust, and effective
      information security solutions, reflecting market solutions for
      the protection of critical information infrastructures important
      to the national defense and economic security of the nation that
      are designed, built, and operated by the private sector; and
        (6) recognize that the selection of specific technical hardware
      and software information security solutions should be left to
      individual agencies from among commercially developed products.

-SOURCE-
    (Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
    116 Stat. 2946.)


-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 107-347, title IV, Sec. 402(b), Dec. 17, 2002, 116 Stat.
    2962, provided that: "Title III [see Short Title of 2002 Amendments
    note set out under section 101 of this title] and this title
    [enacting provisions set out as a note under section 3601 of this
    title] shall take effect on the date of enactment of this Act [Dec.
    17, 2002]."

-End-



-CITE-
    44 USC Sec. 3542                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER III - INFORMATION SECURITY

-HEAD-
    Sec. 3542. Definitions

-STATUTE-
      (a) In General. - Except as provided under subsection (b), the
    definitions under section 3502 shall apply to this subchapter.
      (b) Additional Definitions. - As used in this subchapter:
        (1) The term "information security" means protecting
      information and information systems from unauthorized access,
      use, disclosure, disruption, modification, or destruction in
      order to provide - 
          (A) integrity, which means guarding against improper
        information modification or destruction, and includes ensuring
        information nonrepudiation and authenticity;
          (B) confidentiality, which means preserving authorized
        restrictions on access and disclosure, including means for
        protecting personal privacy and proprietary information; and
          (C) availability, which means ensuring timely and reliable
        access to and use of information.

        (2)(A) The term "national security system" means any
      information system (including any telecommunications system) used
      or operated by an agency or by a contractor of an agency, or
      other organization on behalf of an agency - 
          (i) the function, operation, or use of which - 
            (I) involves intelligence activities;
            (II) involves cryptologic activities related to national
          security;
            (III) involves command and control of military forces;
            (IV) involves equipment that is an integral part of a
          weapon or weapons system; or
            (V) subject to subparagraph (B), is critical to the direct
          fulfillment of military or intelligence missions; or

          (ii) is protected at all times by procedures established for
        information that have been specifically authorized under
        criteria established by an Executive order or an Act of
        Congress to be kept classified in the interest of national
        defense or foreign policy.

        (B) Subparagraph (A)(i)(V) does not include a system that is to
      be used for routine administrative and business applications
      (including payroll, finance, logistics, and personnel management
      applications).
        (3) The term "information technology" has the meaning given
      that term in section 11101 of title 40.

-SOURCE-
    (Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
    116 Stat. 2947.)

-End-



-CITE-
    44 USC Sec. 3543                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER III - INFORMATION SECURITY

-HEAD-
    Sec. 3543. Authority and functions of the Director

-STATUTE-
      (a) In General. - The Director shall oversee agency information
    security policies and practices, including - 
        (1) developing and overseeing the implementation of policies,
      principles, standards, and guidelines on information security,
      including through ensuring timely agency adoption of and
      compliance with standards promulgated under section 11331 of
      title 40;
        (2) requiring agencies, consistent with the standards
      promulgated under such section 11331 and the requirements of this
      subchapter, to identify and provide information security
      protections commensurate with the risk and magnitude of the harm
      resulting from the unauthorized access, use, disclosure,
      disruption, modification, or destruction of - 
          (A) information collected or maintained by or on behalf of an
        agency; or
          (B) information systems used or operated by an agency or by a
        contractor of an agency or other organization on behalf of an
        agency;

        (3) coordinating the development of standards and guidelines
      under section 20 of the National Institute of Standards and
      Technology Act (15 U.S.C. 278g-3) with agencies and offices
      operating or exercising control of national security systems
      (including the National Security Agency) to assure, to the
      maximum extent feasible, that such standards and guidelines are
      complementary with standards and guidelines developed for
      national security systems;
        (4) overseeing agency compliance with the requirements of this
      subchapter, including through any authorized action under section
      11303 of title 40, to enforce accountability for compliance with
      such requirements;
        (5) reviewing at least annually, and approving or disapproving,
      agency information security programs required under section
      3544(b);
        (6) coordinating information security policies and procedures
      with related information resources management policies and
      procedures;
        (7) overseeing the operation of the Federal information
      security incident center required under section 3546; and
        (8) reporting to Congress no later than March 1 of each year on
      agency compliance with the requirements of this subchapter,
      including - 
          (A) a summary of the findings of evaluations required by
        section 3545;
          (B) an assessment of the development, promulgation, and
        adoption of, and compliance with, standards developed under
        section 20 of the National Institute of Standards and
        Technology Act (15 U.S.C. 278g-3) and promulgated under section
        11331 of title 40;
          (C) significant deficiencies in agency information security
        practices;
          (D) planned remedial action to address such deficiencies; and
          (E) a summary of, and the views of the Director on, the
        report prepared by the National Institute of Standards and
        Technology under section 20(d)(10) of the National Institute of
        Standards and Technology Act (15 U.S.C. 278g-3).

      (b) National Security Systems. - Except for the authorities
    described in paragraphs (4) and (8) of subsection (a), the
    authorities of the Director under this section shall not apply to
    national security systems.
      (c) Department of Defense and Central Intelligence Agency
    Systems. - (1) The authorities of the Director described in
    paragraphs (1) and (2) of subsection (a) shall be delegated to the
    Secretary of Defense in the case of systems described in paragraph
    (2) and to the Director of Central Intelligence in the case of
    systems described in paragraph (3).
      (2) The systems described in this paragraph are systems that are
    operated by the Department of Defense, a contractor of the
    Department of Defense, or another entity on behalf of the
    Department of Defense that processes any information the
    unauthorized access, use, disclosure, disruption, modification, or
    destruction of which would have a debilitating impact on the
    mission of the Department of Defense.
      (3) The systems described in this paragraph are systems that are
    operated by the Central Intelligence Agency, a contractor of the
    Central Intelligence Agency, or another entity on behalf of the
    Central Intelligence Agency that processes any information the
    unauthorized access, use, disclosure, disruption, modification, or
    destruction of which would have a debilitating impact on the
    mission of the Central Intelligence Agency.

-SOURCE-
    (Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
    116 Stat. 2947.)

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-End-



-CITE-
    44 USC Sec. 3544                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER III - INFORMATION SECURITY

-HEAD-
    Sec. 3544. Federal agency responsibilities

-STATUTE-
      (a) In General. - The head of each agency shall - 
        (1) be responsible for - 
          (A) providing information security protections commensurate
        with the risk and magnitude of the harm resulting from
        unauthorized access, use, disclosure, disruption, modification,
        or destruction of - 
            (i) information collected or maintained by or on behalf of
          the agency; and
            (ii) information systems used or operated by an agency or
          by a contractor of an agency or other organization on behalf
          of an agency;

          (B) complying with the requirements of this subchapter and
        related policies, procedures, standards, and guidelines,
        including - 
            (i) information security standards promulgated under
          section 11331 of title 40; and
            (ii) information security standards and guidelines for
          national security systems issued in accordance with law and
          as directed by the President; and

          (C) ensuring that information security management processes
        are integrated with agency strategic and operational planning
        processes;

        (2) ensure that senior agency officials provide information
      security for the information and information systems that support
      the operations and assets under their control, including through -
       
          (A) assessing the risk and magnitude of the harm that could
        result from the unauthorized access, use, disclosure,
        disruption, modification, or destruction of such information or
        information systems;
          (B) determining the levels of information security
        appropriate to protect such information and information systems
        in accordance with standards promulgated under section 11331 of
        title 40, for information security classifications and related
        requirements;
          (C) implementing policies and procedures to cost-effectively
        reduce risks to an acceptable level; and
          (D) periodically testing and evaluating information security
        controls and techniques to ensure that they are effectively
        implemented;

        (3) delegate to the agency Chief Information Officer
      established under section 3506 (or comparable official in an
      agency not covered by such section) the authority to ensure
      compliance with the requirements imposed on the agency under this
      subchapter, including - 
          (A) designating a senior agency information security officer
        who shall - 
            (i) carry out the Chief Information Officer's
          responsibilities under this section;
            (ii) possess professional qualifications, including
          training and experience, required to administer the functions
          described under this section;
            (iii) have information security duties as that official's
          primary duty; and
            (iv) head an office with the mission and resources to
          assist in ensuring agency compliance with this section;

          (B) developing and maintaining an agencywide information
        security program as required by subsection (b);
          (C) developing and maintaining information security policies,
        procedures, and control techniques to address all applicable
        requirements, including those issued under section 3543 of this
        title, and section 11331 of title 40;
          (D) training and overseeing personnel with significant
        responsibilities for information security with respect to such
        responsibilities; and
          (E) assisting senior agency officials concerning their
        responsibilities under paragraph (2);

        (4) ensure that the agency has trained personnel sufficient to
      assist the agency in complying with the requirements of this
      subchapter and related policies, procedures, standards, and
      guidelines; and
        (5) ensure that the agency Chief Information Officer, in
      coordination with other senior agency officials, reports annually
      to the agency head on the effectiveness of the agency information
      security program, including progress of remedial actions.

      (b) Agency Program. - Each agency shall develop, document, and
    implement an agencywide information security program, approved by
    the Director under section 3543(a)(5), to provide information
    security for the information and information systems that support
    the operations and assets of the agency, including those provided
    or managed by another agency, contractor, or other source, that
    includes - 
        (1) periodic assessments of the risk and magnitude of the harm
      that could result from the unauthorized access, use, disclosure,
      disruption, modification, or destruction of information and
      information systems that support the operations and assets of the
      agency;
        (2) policies and procedures that - 
          (A) are based on the risk assessments required by paragraph
        (1);
          (B) cost-effectively reduce information security risks to an
        acceptable level;
          (C) ensure that information security is addressed throughout
        the life cycle of each agency information system; and
          (D) ensure compliance with - 
            (i) the requirements of this subchapter;
            (ii) policies and procedures as may be prescribed by the
          Director, and information security standards promulgated
          under section 11331 of title 40;
            (iii) minimally acceptable system configuration
          requirements, as determined by the agency; and
            (iv) any other applicable requirements, including standards
          and guidelines for national security systems issued in
          accordance with law and as directed by the President;

        (3) subordinate plans for providing adequate information
      security for networks, facilities, and systems or groups of
      information systems, as appropriate;
        (4) security awareness training to inform personnel, including
      contractors and other users of information systems that support
      the operations and assets of the agency, of - 
          (A) information security risks associated with their
        activities; and
          (B) their responsibilities in complying with agency policies
        and procedures designed to reduce these risks;

        (5) periodic testing and evaluation of the effectiveness of
      information security policies, procedures, and practices, to be
      performed with a frequency depending on risk, but no less than
      annually, of which such testing - 
          (A) shall include testing of management, operational, and
        technical controls of every information system identified in
        the inventory required under section 3505(c); and
          (B) may include testing relied on in a (!1) evaluation under
        section 3545;


        (6) a process for planning, implementing, evaluating, and
      documenting remedial action to address any deficiencies in the
      information security policies, procedures, and practices of the
      agency;
        (7) procedures for detecting, reporting, and responding to
      security incidents, consistent with standards and guidelines
      issued pursuant to section 3546(b), including - 
          (A) mitigating risks associated with such incidents before
        substantial damage is done;
          (B) notifying and consulting with the Federal information
        security incident center referred to in section 3546; and
          (C) notifying and consulting with, as appropriate - 
            (i) law enforcement agencies and relevant Offices of
          Inspector General;
            (ii) an office designated by the President for any incident
          involving a national security system; and
            (iii) any other agency or office, in accordance with law or
          as directed by the President; and

        (8) plans and procedures to ensure continuity of operations for
      information systems that support the operations and assets of the
      agency.

      (c) Agency Reporting. - Each agency shall - 
        (1) report annually to the Director, the Committees on
      Government Reform and Science of the House of Representatives,
      the Committees on Governmental Affairs and Commerce, Science, and
      Transportation of the Senate, the appropriate authorization and
      appropriations committees of Congress, and the Comptroller
      General on the adequacy and effectiveness of information security
      policies, procedures, and practices, and compliance with the
      requirements of this subchapter, including compliance with each
      requirement of subsection (b);
        (2) address the adequacy and effectiveness of information
      security policies, procedures, and practices in plans and reports
      relating to - 
          (A) annual agency budgets;
          (B) information resources management under subchapter 1 (!2)
        of this chapter;

          (C) information technology management under subtitle III of
        title 40;
          (D) program performance under sections 1105 and 1115 through
        1119 of title 31, and sections 2801 and 2805 of title 39;
          (E) financial management under chapter 9 of title 31, and the
        Chief Financial Officers Act of 1990 (31 U.S.C. 501 note;
        Public Law 101-576) (and the amendments made by that Act);
          (F) financial management systems under the Federal Financial
        Management Improvement Act (31 U.S.C. 3512 note); and
          (G) internal accounting and administrative controls under
        section 3512 of title 31,(!3) (known as the "Federal Managers
        Financial Integrity Act"); and


        (3) report any significant deficiency in a policy, procedure,
      or practice identified under paragraph (1) or (2) - 
          (A) as a material weakness in reporting under section 3512 of
        title 31; and
          (B) if relating to financial management systems, as an
        instance of a lack of substantial compliance under the Federal
        Financial Management Improvement Act (31 U.S.C. 3512 note).

      (d) Performance Plan. - (1) In addition to the requirements of
    subsection (c), each agency, in consultation with the Director,
    shall include as part of the performance plan required under
    section 1115 of title 31 a description of - 
        (A) the time periods, and
        (B) the resources, including budget, staffing, and training,

    that are necessary to implement the program required under
    subsection (b).
      (2) The description under paragraph (1) shall be based on the
    risk assessments required under subsection (b)(2)(1).
      (e) Public Notice and Comment. - Each agency shall provide the
    public with timely notice and opportunities for comment on proposed
    information security policies and procedures to the extent that
    such policies and procedures affect communication with the public.

-SOURCE-
    (Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
    116 Stat. 2949.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Chief Financial Officers Act of 1990, referred to in subsec.
    (c)(2)(E), is Pub. L. 101-576, Nov. 15, 1990, 104 Stat. 2838. For
    complete classification of this Act to the Code, see Short Title of
    1990 Amendment note set out under section 501 of Title 31, Money
    and Finance, and Tables.
      The Federal Financial Management Improvement Act, referred to in
    subsec. (c)(2)(F), (3)(B), probably means the Federal Financial
    Management Improvement Act of 1996, Pub. L. 104-208, div. A, title
    I, Sec. 101(f) [title VIII], Sept. 30, 1996, 110 Stat. 3009-314,
    3009-389, which is set out as a note under section 3512 of Title
    31, Money and Finance. For complete classification of this Act to
    the Code, see Tables.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.

-FOOTNOTE-
    (!1) So in original. Probably should be "an".

    (!2) So in original. Probably should be "I".

    (!3) So in original. The comma probably should not appear.


-End-



-CITE-
    44 USC Sec. 3545                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER III - INFORMATION SECURITY

-HEAD-
    Sec. 3545. Annual independent evaluation

-STATUTE-
      (a) In General. - (1) Each year each agency shall have performed
    an independent evaluation of the information security program and
    practices of that agency to determine the effectiveness of such
    program and practices.
      (2) Each evaluation under this section shall include - 
        (A) testing of the effectiveness of information security
      policies, procedures, and practices of a representative subset of
      the agency's information systems;
        (B) an assessment (made on the basis of the results of the
      testing) of compliance with - 
          (i) the requirements of this subchapter; and
          (ii) related information security policies, procedures,
        standards, and guidelines; and

        (C) separate presentations, as appropriate, regarding
      information security relating to national security systems.

      (b) Independent Auditor. - Subject to subsection (c) - 
        (1) for each agency with an Inspector General appointed under
      the Inspector General Act of 1978 or any other law, the annual
      evaluation required by this section shall be performed by the
      Inspector General or by an independent external auditor, as
      determined by the Inspector General of the agency; and
        (2) for each agency to which paragraph (1) does not apply, the
      head of the agency shall engage an independent external auditor
      to perform the evaluation.

      (c) National Security Systems. - For each agency operating or
    exercising control of a national security system, that portion of
    the evaluation required by this section directly relating to a
    national security system shall be performed - 
        (1) only by an entity designated by the agency head; and
        (2) in such a manner as to ensure appropriate protection for
      information associated with any information security
      vulnerability in such system commensurate with the risk and in
      accordance with all applicable laws.

      (d) Existing Evaluations. - The evaluation required by this
    section may be based in whole or in part on an audit, evaluation,
    or report relating to programs or practices of the applicable
    agency.
      (e) Agency Reporting. - (1) Each year, not later than such date
    established by the Director, the head of each agency shall submit
    to the Director the results of the evaluation required under this
    section.
      (2) To the extent an evaluation required under this section
    directly relates to a national security system, the evaluation
    results submitted to the Director shall contain only a summary and
    assessment of that portion of the evaluation directly relating to a
    national security system.
      (f) Protection of Information. - Agencies and evaluators shall
    take appropriate steps to ensure the protection of information
    which, if disclosed, may adversely affect information security.
    Such protections shall be commensurate with the risk and comply
    with all applicable laws and regulations.
      (g) OMB Reports to Congress. - (1) The Director shall summarize
    the results of the evaluations conducted under this section in the
    report to Congress required under section 3543(a)(8).
      (2) The Director's report to Congress under this subsection shall
    summarize information regarding information security relating to
    national security systems in such a manner as to ensure appropriate
    protection for information associated with any information security
    vulnerability in such system commensurate with the risk and in
    accordance with all applicable laws.
      (3) Evaluations and any other descriptions of information systems
    under the authority and control of the Director of Central
    Intelligence or of National Foreign Intelligence Programs systems
    under the authority and control of the Secretary of Defense shall
    be made available to Congress only through the appropriate
    oversight committees of Congress, in accordance with applicable
    laws.
      (h) Comptroller General. - The Comptroller General shall
    periodically evaluate and report to Congress on - 
        (1) the adequacy and effectiveness of agency information
      security policies and practices; and
        (2) implementation of the requirements of this subchapter.

-SOURCE-
    (Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
    116 Stat. 2952; amended Pub. L. 108-177, title III, Sec. 377(e),
    Dec. 13, 2003, 117 Stat. 2631.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Inspector General Act of 1978, referred to in subsec. (b)(1),
    is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which
    is set out in the Appendix to Title 5, Government Organization and
    Employees.


-MISC1-
                                AMENDMENTS                            
      2003 - Subsec. (b)(1). Pub. L. 108-177 inserted "or any other
    law" after "1978".

-CHANGE-
                              CHANGE OF NAME                          
      Reference to the Director of Central Intelligence or the Director
    of the Central Intelligence Agency in the Director's capacity as
    the head of the intelligence community deemed to be a reference to
    the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence
    Agency in the Director's capacity as the head of the Central
    Intelligence Agency deemed to be a reference to the Director of the
    Central Intelligence Agency. See section 1081(a), (b) of Pub. L.
    108-458, set out as a note under section 401 of Title 50, War and
    National Defense.

-End-



-CITE-
    44 USC Sec. 3546                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER III - INFORMATION SECURITY

-HEAD-
    Sec. 3546. Federal information security incident center

-STATUTE-
      (a) In General. - The Director shall ensure the operation of a
    central Federal information security incident center to - 
        (1) provide timely technical assistance to operators of agency
      information systems regarding security incidents, including
      guidance on detecting and handling information security
      incidents;
        (2) compile and analyze information about incidents that
      threaten information security;
        (3) inform operators of agency information systems about
      current and potential information security threats, and
      vulnerabilities; and
        (4) consult with the National Institute of Standards and
      Technology, agencies or offices operating or exercising control
      of national security systems (including the National Security
      Agency), and such other agencies or offices in accordance with
      law and as directed by the President regarding information
      security incidents and related matters.

      (b) National Security Systems. - Each agency operating or
    exercising control of a national security system shall share
    information about information security incidents, threats, and
    vulnerabilities with the Federal information security incident
    center to the extent consistent with standards and guidelines for
    national security systems, issued in accordance with law and as
    directed by the President.

-SOURCE-
    (Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
    116 Stat. 2954.)

-End-



-CITE-
    44 USC Sec. 3547                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER III - INFORMATION SECURITY

-HEAD-
    Sec. 3547. National security systems

-STATUTE-
      The head of each agency operating or exercising control of a
    national security system shall be responsible for ensuring that the
    agency - 
        (1) provides information security protections commensurate with
      the risk and magnitude of the harm resulting from the
      unauthorized access, use, disclosure, disruption, modification,
      or destruction of the information contained in such system;
        (2) implements information security policies and practices as
      required by standards and guidelines for national security
      systems, issued in accordance with law and as directed by the
      President; and
        (3) complies with the requirements of this subchapter.

-SOURCE-
    (Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
    116 Stat. 2954.)

-End-



-CITE-
    44 USC Sec. 3548                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER III - INFORMATION SECURITY

-HEAD-
    Sec. 3548. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to carry out the
    provisions of this subchapter such sums as may be necessary for
    each of fiscal years 2003 through 2007.

-SOURCE-
    (Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
    116 Stat. 2954.)

-End-



-CITE-
    44 USC Sec. 3549                                            01/02/2006

-EXPCITE-
    TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
    CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
    SUBCHAPTER III - INFORMATION SECURITY

-HEAD-
    Sec. 3549. Effect on existing law

-STATUTE-
      Nothing in this subchapter, section 11331 of title 40, or section
    20 of the National Standards (!1) and Technology Act (15 U.S.C.
    278g-3) may be construed as affecting the authority of the
    President, the Office of Management and Budget or the Director
    thereof, the National Institute of Standards and Technology, or the
    head of any agency, with respect to the authorized use or
    disclosure of information, including with regard to the protection
    of personal privacy under section 552a of title 5, the disclosure
    of information under section 552 of title 5, the management and
    disposition of records under chapters 29, 31, or 33 of title 44,
    the management of information resources under subchapter I of
    chapter 35 of this title, or the disclosure of information to the
    Congress or the Comptroller General of the United States. While
    this subchapter is in effect, subchapter II of this chapter shall
    not apply.


-SOURCE-
    (Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
    116 Stat. 2955.)

-FOOTNOTE-
    (!1) So in original. Probably should be "National Institute of
         Standards".


-End-