### Page 106 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3324

1 See References in Text note below. 

### § 3324. Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary to carry out section 3315 through section 3324 of this title.
(Added Pub. L. 93–526, title II, §202, Dec. 19, 1974, 88 Stat. 1701.)

CHAPTER 35—COORDINATION OF FEDERAL

INFORMATION POLICY

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; sub

mission to Director; approval and delega

tion. 3508. Determination of necessity for information;

hearing. 3509. Designation of central collection agency. 3510. Cooperation of agencies in making informa

tion available. 3511. Establishment and operation of Government

Information Locator Service. 3512. Public protection. 3513. Director review of agency activities; report

ing; 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.

A MENDMENTS
2002—Pub. L. 107–347, title III, §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, §1001(b)(2), Nov. 25, 2002, 116 Stat. 2267, reenacted items 3531 to 3535 without change, substituted ‘‘National security systems’’ for ‘‘Expira

tion’’ in item 3536, and added items 3537 and 3538. Pub. L. 107–198, §3(b), June 28, 2002, 116 Stat. 732, added item 3520 and renumbered former item 3520 as 3521. 2000—Pub. L. 106–398, §1 [[div. A], title X, §1064(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275, inserted sub

chapters I and II headings and added items 3531 to 3536. 1995—Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 163, amended chapter heading and analysis generally. 1980—Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2812, substituted in chapter heading ‘‘INFORMATION POL

ICY’’ for ‘‘REPORTING SERVICES’’, and amended analysis generally.



### SUBCHAPTER I—FEDERAL INFORMATION

POLICY

A MENDMENTS 2000—Pub. L. 106–398, §1 [[div. A], title X, §1064(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275, inserted sub

chapter heading.


### § 3501. Purposes
The purposes of this subchapter are to— (1) minimize the paperwork burden for indi

viduals, small businesses, educational and nonprofit institutions, Federal contractors, State, local and tribal governments, and other persons resulting from the collection of infor

mation by or for the Federal Government; (2) ensure the greatest possible public bene

fit from and maximize the utility of informa

tion 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 reduc

tion of information collection burdens on the public and the improvement of service deliv

ery to the public; (4) improve the quality and use of Federal information to strengthen decisionmaking, ac

countability, and openness in Government and society; (5) minimize the cost to the Federal Govern

ment of the creation, collection, maintenance, use, dissemination, and disposition of informa

tion; (6) strengthen the partnership between the Federal Government and State, local, and tribal governments by minimizing the burden and maximizing the utility of information cre

ated, collected, maintained, used, dissemi

nated, and retained by or for the Federal Gov

ernment; (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 tech

nology; (8) ensure that the creation, collection, maintenance, use, dissemination, and disposi

tion of information by or for the Federal Gov

ernment is consistent with applicable laws, in

cluding laws relating to— (A) privacy and confidentiality, including section 552a of title 5; (B) security of information, including sec

tion 11332 of title 40 1 

### ; and (C) access to information, including sec

tion 552 of title 5; (9) ensure the integrity, quality, and utility of the Federal statistical system;

### Page 107 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501

(10) ensure that information technology is acquired, used, and managed to improve per

formance of agency missions, including the re

duction of information collection burdens on the public; and (11) improve the responsibility and account

ability of the Office of Management and Budg

et and all other Federal agencies to Congress and to the public for implementing the infor

mation collection review process, information resources management, and related policies and guidelines established under this sub

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

R EFERENCES IN T EXT
Section 11332 of title 40, referred to in par. (8)(B), was repealed by Pub. L. 107–296, title X, §1005(a)(1), Nov. 25, 2002, 116 Stat. 2272, and Pub. L. 107–347, title III, §305(a), Dec. 17, 2002, 116 Stat. 2960.

P RIOR P ROVISIONS
A prior section 3501, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2812; amended Pub. L. 99–500, §101(m) [title VIII, §811], Oct. 18, 1986, 100 Stat. 1783–308, 1783–335, and Pub. L. 99–591, §101(m) [title VIII, §811], Oct. 30, 1986, 100 Stat. 3341–308, 3341–335, related to pur

poses 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 chap

ter by Pub. L. 96–511.

A MENDMENTS
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).

E FFECTIVE D ATE OF 2000 A MENDMENT
Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of Pub. L. 106–398, set out as an Effective Date note under section 3531 of this title.

E FFECTIVE D ATE
Section 4 of Pub. L. 104–13 provided that: ‘‘(a) I N G ENERAL .—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 Oc

tober 1, 1995. ‘‘(b) A UTHORIZATION OF A PPROPRIATIONS .—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) D ELAYED A PPLICATION .—In the case of a collec

tion of information for which there is in effect on Sep

tember 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 col

lection 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 expira

tion, the collection of information shall be subject to chapter 35 of title 44, United States Code, as in effect on September 30, 1995.’’

S HORT T ITLE
This chapter is popularly known as the ‘‘Paperwork Reduction Act’’.

F EDERAL M ANAGEMENT AND P ROMOTION OF E LECTRONIC

G OVERNMENT S ERVICES
Pub. L. 107–347, title II, Dec. 17, 2002, 116 Stat. 2910, as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–281, §1, Aug. 2, 2004, 118 Stat. 889, pro

vided that:

‘‘SEC. 201. DEFINITIONS. ‘‘Except as otherwise provided, in this title the defi

nitions under sections 3502 and 3601 of title 44, United States Code, shall apply.

‘‘SEC. 202. FEDERAL AGENCY RESPONSIBILITIES. ‘‘(a) I N G ENERAL .—The head of each agency shall be responsible for— ‘‘(1) complying with the requirements of this Act [see Tables for classification] (including the amend

ments made by this Act), the related information re

source 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 Com

merce; ‘‘(2) ensuring that the information resource man

agement 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 effec

tively to all relevant officials within their agency; and ‘‘(3) supporting the efforts of the Director and the Administrator of the General Services Administra

tion to develop, maintain, and promote an integrated Internet-based system of delivering Federal Govern

ment information and services to the public under section 204. ‘‘(b) P ERFORMANCE I NTEGRATION .— ‘‘(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 agen

cies should consider include— ‘‘(A) customer service; ‘‘(B) agency productivity; and ‘‘(C) adoption of innovative information tech

nology, including the appropriate use of commer

cial best practices. ‘‘(4) Agencies shall link their performance goals, as appropriate, to key groups, including citizens, busi

nesses, and other governments, and to internal Fed

eral Government operations. ‘‘(5) As appropriate, agencies shall work collec

tively in linking their performance goals to groups identified under paragraph (4) and shall use informa

tion technology in delivering Government informa

tion and services to those groups. ‘‘(c) A VOIDING D IMINISHED A CCESS .—When promulgat

ing 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 in

formation 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 acces

-

### Page 108 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501

sible to individuals who do not own computers or lack access to the Internet. ‘‘(d) A CCESSIBILITY TO P EOPLE W ITH D ISABILITIES .—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) S PONSORED A CTIVITIES .—Agencies shall sponsor activities that use information technology to engage the public in the development and implementation of policies and programs. ‘‘(f) C HIEF I NFORMATION O FFICERS .—The Chief Infor

mation 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 In

formation Officers Council; and ‘‘(2) monitoring the implementation, within their respective agencies, of information technology stand

ards promulgated by the Secretary of Commerce, in

cluding common standards for interconnectivity and interoperability, categorization of Federal Govern

ment electronic information, and computer system efficiency and security. ‘‘(g) E-G OVERNMENT S TATUS R EPORT .— ‘‘(1) I N 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 pro

grams to constituencies. ‘‘(2) S UBMISSION .—Each agency shall submit an an

nual report under this subsection— ‘‘(A) to the Director at such time and in such manner as the Director requires; ‘‘(B) consistent with related reporting require

ments; and ‘‘(C) which addresses any section in this title rel

evant to that agency. ‘‘(h) U SE OF T ECHNOLOGY .—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 agen

cy. ‘‘(i) N ATIONAL S ECURITY S YSTEMS .— ‘‘(1) I NAPPLICABILITY .—Except as provided under paragraph (2), this title does not apply to national se

curity systems as defined in section 11103 of title 40, United States Code. ‘‘(2) A PPLICABILITY .—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) P URPOSE .—The purpose of this section is to achieve interoperable implementation of electronic sig

natures for appropriately secure electronic trans

actions with Government. ‘‘(b) E LECTRONIC S IGNATURES .—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 accept

ance of electronic signatures are compatible with the relevant policies and procedures issued by the Director. ‘‘(c) A UTHORITY FOR E LECTRONIC S IGNATURES .—The Administrator of General Services shall support the Di

rector by establishing a framework to allow efficient interoperability among Executive agencies when using electronic signatures, including processing of digital signatures. ‘‘(d) A UTHORIZATION OF A PPROPRIATIONS .—There are authorized to be appropriated to the General Services Administration, to ensure the development and oper

ation 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) I N G ENERAL .— ‘‘(1) P UBLIC ACCESS .—The Director shall work with the Administrator of the General Services Adminis

tration and other agencies to maintain and promote an integrated Internet-based system of providing the public with access to Government information and services. ‘‘(2) C RITERIA .—To the extent practicable, the inte

grated system shall be designed and operated accord

ing to the following criteria: ‘‘(A) The provision of Internet-based Government information and services directed to key groups, in

cluding citizens, business, and other governments, and integrated according to function or topic rath

er than separated according to the boundaries of agency jurisdiction.‘‘(B) An ongoing effort to ensure that Internetbased Government services relevant to a given citi

zen 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) A UTHORIZATION OF A PPROPRIATIONS .—There are authorized to be appropriated to the General Services Administration $15,000,000 for the maintenance, im

provement, and promotion of the integrated Internetbased system for fiscal year 2003, and such sums as are necessary for fiscal years 2004 through 2007.

‘‘SEC. 205. FEDERAL COURTS. ‘‘(a) I NDIVIDUAL C OURT W EBSITES .—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 con

tains 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 opin

ions 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 sub

section (c). ‘‘(7) Any other information (including forms in a format that can be downloaded) that the court deter

mines useful to the public. ‘‘(b) M AINTENANCE OF D ATA O NLINE .— ‘‘(1) U PDATE OF INFORMATION .—The information and rules on each website shall be updated regularly and kept reasonably current. ‘‘(2) C LOSED CASES .—Electronic files and docket in

formation 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 ef

fective date of this section [see Effective Date note set out under section 3601 of this title] shall remain available online.

### Page 109 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501

‘‘(c) E LECTRONIC F ILINGS .— ‘‘(1) I N GENERAL .—Except as provided under para

graph (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) E XCEPTIONS .—Documents that are filed that are not otherwise available to the public, such as doc

uments filed under seal, shall not be made available online. ‘‘(3) P RIVACY 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 elec

tronic form. ‘‘(ii) Such rules shall provide to the extent prac

ticable for uniform treatment of privacy and secu

rity issues throughout the Federal courts. ‘‘(iii) Such rules shall take into consideration best practices in Federal and State courts to pro

tect private information or otherwise maintain necessary information security. ‘‘(iv) Except as provided in clause (v), to the ex

tent that such rules provide for the redaction of certain categories of information in order to pro

tect privacy and security concerns, such rules shall provide that a party that wishes to file an other

wise proper document containing such protected in

formation 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 accord

ance 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 appro

priate redacted identifiers in lieu of protected in

formation 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 pro

tected information that the attorney or, if there is no attorney, the party, certifies is rel

evant to the case; and ‘‘(bb) specifies an appropriate redacted identi

fier 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 infor

mation. ‘‘(B)(i) Subject to clause (ii), the Judicial Con

ference of the United States may issue interim rules, and interpretive statements relating to the application of such rules, which conform to the re

quirements 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 redac

tion of certain categories of information in order to protect privacy and security concerns arising from electronic filing or electronic conversion shall com

ply with, and be construed in conformity with, sub

paragraph (A)(iv). ‘‘(C) Not later than 1 year after the rules pre

scribed 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) D OCKETS W ITH L INKS TO D OCUMENTS .—The Judi

cial 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) C OST OF P ROVIDING E LECTRONIC D OCKETING I NFOR

MATION .—[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) T IME R EQUIREMENTS .—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, ex

cept that access to documents filed in electronic form shall be established not later than 4 years after that ef

fective date. ‘‘(g) D EFERRAL .— ‘‘(1) I N GENERAL .— ‘‘(A) E LECTION .— ‘‘(i) N OTIFICATION .—The Chief Justice of the United States, a chief judge, or chief bankruptcy judge may submit a notification to the Adminis

trative Office of the United States Courts to defer compliance with any requirement of this section with respect to the Supreme Court, a court of ap

peals, district, or the bankruptcy court of a dis

trict. ‘‘(ii) C ONTENTS .—A notification submitted under this subparagraph shall state— ‘‘(I) the reasons for the deferral; and ‘‘(II) the online methods, if any, or any alter

native methods, such court or district is using to provide greater public access to information. ‘‘(B) E XCEPTION .—To the extent that the Supreme Court, a court of appeals, district, or bankruptcy court of a district maintains a website under sub

section (a), the Supreme Court or that court of ap

peals or district shall comply with subsection (b)(1). ‘‘(2) R EPORT .—Not later than 1 year after the effec

tive date of this title [see Effective Date note set out under section 3601 of this title], and every year there

after, the Judicial Conference of the United States shall submit a report to the Committees on Govern

mental Affairs and the Judiciary of the Senate and the Committees on Government Reform [now Over

sight and 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) P URPOSES .—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) I NFORMATION P ROVIDED BY A GENCIES O NLINE .—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 re

quired to be published in the Federal Register under paragraphs (1) and (2) of section 552(a) of title 5, United States Code. ‘‘(c) S UBMISSIONS BY E LECTRONIC M EANS .—To the ex

tent practicable, agencies shall accept submissions under section 553(c) of title 5, United States Code, by electronic means. ‘‘(d) E LECTRONIC D OCKETING .—

### Page 110 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501

‘‘(1) I N GENERAL .—To the extent practicable, as de

termined by the agency in consultation with the Di

rector, agencies shall ensure that a publicly acces

sible Federal Government website contains electronic dockets for rulemakings under section 553 of title 5, United States Code. ‘‘(2) I NFORMATION 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 prac

tice are included in the rulemaking docket under section 553(c) of title 5, United States Code, wheth

er or not submitted electronically. ‘‘(e) T IME L IMITATION .—Agencies shall implement the requirements of this section consistent with a time

table established by the Director and reported to Con

gress in the first annual report under section 3606 of title 44 (as added by this Act). ‘‘SEC. 207. ACCESSIBILITY, USABILITY, AND PRES

ERVATION OF GOVERNMENT INFORMATION. ‘‘(a) P URPOSE .—The purpose of this section is to im

prove the methods by which Government information, including information on the Internet, is organized, preserved, and made accessible to the public. ‘‘(b) D EFINITIONS .—In this section, the term— ‘‘(1) ‘Committee’ means the Interagency Committee on Government Information established under sub

section (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) I NTERAGENCY C OMMITTEE .— ‘‘(1) E STABLISHMENT .—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) M EMBERSHIP .—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 Admin

istration; ‘‘(ii) the offices of the Chief Information Offi

cers from Federal agencies; and ‘‘(iii) other relevant officers from the executive branch; and ‘‘(B) may include representatives from the Fed

eral legislative and judicial branches. ‘‘(3) F UNCTIONS .—The Committee shall— ‘‘(A) engage in public consultation to the maxi

mum extent feasible, including consultation with interested communities such as public advocacy or

ganizations; ‘‘(B) conduct studies and submit recommenda

tions, as provided under this section, to the Direc

tor and Congress; and ‘‘(C) share effective practices for access to, dis

semination of, and retention of Federal informa

tion. ‘‘(4) T ERMINATION .—The Committee may be termi

nated on a date determined by the Director, except the Committee may not terminate before the Com

mittee submits all recommendations required under this section. ‘‘(d) C ATEGORIZING OF I NFORMATION .— ‘‘(1) C OMMITTEE 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 organi

zation and categorization of Government informa

tion— ‘‘(i) in a way that is searchable electronically, including by searchable identifiers; and ‘‘(ii) in ways that are interoperable across agen

cies; ‘‘(B) the definition of categories of Government information which should be classified under the standards; and ‘‘(C) determining priorities and developing sched

ules for the initial implementation of the standards by agencies. ‘‘(2) F UNCTIONS 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 agen

cies; 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 informa

tion which shall be required to be classified under the standards; and ‘‘(C) determining priorities and developing sched

ules for the initial implementation of the standards by agencies. ‘‘(3) M ODIFICATION OF POLICIES .—After the submis

sion of agency reports under paragraph (4), the Direc

tor shall modify the policies, as needed, in consulta

tion with the Committee and interested parties. ‘‘(4) A GENCY 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) P UBLIC A CCESS TO E LECTRONIC I NFORMATION .— ‘‘(1) C OMMITTEE 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 pro

cedures to ensure that chapters 21, 25, 27, 29, and 31 of title 44, United States Code, are applied effec

tively and comprehensively to Government infor

mation on the Internet and to other electronic records; and ‘‘(B) the imposition of timetables for the imple

mentation of the policies and procedures by agen

cies. ‘‘(2) F UNCTIONS 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 poli

cies and procedures to ensure that chapters 21, 25, 27, 29, and 31 of title 44, United States Code, are ap

plied effectively and comprehensively to Govern

ment information on the Internet and to other elec

tronic records; and ‘‘(B) imposing timetables for the implementation of the policies, procedures, and technologies by agencies. ‘‘(3) M ODIFICATION OF POLICIES .—After the submis

sion of agency reports under paragraph (4), the Archi

vist of the United States shall modify the policies, as needed, in consultation with the Committee and in

terested parties. ‘‘(4) A GENCY 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) A GENCY W EBSITES .— ‘‘(1) S TANDARDS 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—

### Page 111 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501

‘‘(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) A GENCY 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 pub

lic 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 estab

lished under section 202(g). ‘‘(B) Each agency shall update determinations, pri

orities, and schedules of the agency, as needed, after consulting with the Committee and soliciting public comment, if appropriate. ‘‘(3) P UBLIC DOMAIN DIRECTORY OF PUBLIC FEDERAL
GOVERNMENT WEBSITES .— ‘‘(A) E STABLISHMENT .—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 di

rectory of public Federal Government websites; and ‘‘(ii) post the directory on the Internet with a link to the integrated Internet-based system es

tablished under section 204. ‘‘(B) D EVELOPMENT .—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 sub

jects used to review and categorize public Federal Government websites. ‘‘(C) U PDATE .—With the assistance of each agen

cy, 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 improve

ments to the directory. ‘‘(g) A CCESS TO F EDERALLY F UNDED R ESEARCH AND D E

VELOPMENT .— ‘‘(1) D EVELOPMENT AND MAINTENANCE OF GOVERN

MENTWIDE REPOSITORY AND WEBSITE .— ‘‘(A) R EPOSITORY AND WEBSITE .—The Director of the Office of Management and Budget (or the Direc

tor’s delegate), in consultation with the Director of the Office of Science and Technology Policy and other relevant agencies, shall ensure the develop

ment and maintenance of— ‘‘(i) a repository that fully integrates, to the maximum extent feasible, information about re

search and development funded by the Federal Government, and the repository shall— ‘‘(I) include information about research and development funded by the Federal Govern

ment, 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 for

eign governments; industrial firms; edu

cational institutions; not-for-profit organiza

tions; federally funded research and develop

ment centers; and private individuals; and ‘‘(bb) entities of the Federal Government, including research and development labora

tories, centers, and offices; and ‘‘(II) integrate information about each sepa

rate 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 objec

tive and the scientific and technical focus of the task or award; ‘‘(cc) the entity or institution performing the task or award and its contact informa

tion; ‘‘(dd) the total amount of Federal funds ex

pected to be provided to the task or award over its lifetime and the amount of funds ex

pected to be provided in each fiscal year in which the work of the task or award is on

going; ‘‘(ee) any restrictions attached to the task or award that would prevent the sharing with the general public of any or all of the infor

mation required by this subsection, and the reasons for such restrictions; and ‘‘(ff) such other information as may be de

termined to be appropriate; and ‘‘(ii) 1 or more websites upon which all or part of the repository of Federal research and develop

ment shall be made available to and searchable by Federal agencies and non-Federal entities, in

cluding 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 Fed

eral 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) O VERSIGHT .—The Director of the Office of Management and Budget shall issue any guidance determined necessary to ensure that agencies pro

vide all information requested under this sub

section. ‘‘(2) A GENCY FUNCTIONS .—Any agency that funds Federal research and development under this sub

section shall provide the information required to pop

ulate the repository in the manner prescribed by the Director of the Office of Management and Budget. ‘‘(3) C OMMITTEE 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 consulta

tion with interested parties, the Committee shall submit recommendations to the Director on— ‘‘(A) policies to improve agency reporting of in

formation for the repository established under this subsection; and ‘‘(B) policies to improve dissemination of the re

sults of research performed by Federal agencies and federally funded research and development centers.

### Page 112 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501

‘‘(4) F UNCTIONS OF THE DIRECTOR .—After submission of recommendations by the Committee under para

graph (3), the Director shall report on the recom

mendations of the Committee and Director to Con

gress, in the E-Government report under section 3606 of title 44 (as added by this Act). ‘‘(5) A UTHORIZATION 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 fis

cal years 2006 and 2007.

‘‘SEC. 208. PRIVACY PROVISIONS. ‘‘(a) P URPOSE .—The purpose of this section is to en

sure sufficient protections for the privacy of personal information as agencies implement citizen-centered electronic Government. ‘‘(b) P RIVACY I MPACT A SSESSMENTS .— ‘‘(1) R ESPONSIBILITIES OF AGENCIES .— ‘‘(A) I N GENERAL .—An agency shall take actions described under subparagraph (B) before— ‘‘(i) developing or procuring information tech

nology 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 dissemi

nated using information technology; and ‘‘(II) includes any information in an identifi

able form permitting the physical or online con

tacting of a specific individual, if identical questions have been posed to, or identical re

porting requirements imposed on, 10 or more persons, other than agencies, instrumentalities, or employees of the Federal Government. ‘‘(B) A GENCY 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 as

sessment by the Chief Information Officer, or equivalent official, as determined by the head of the agency; and ‘‘(iii) if practicable, after completion of the re

view under clause (ii), make the privacy impact assessment publicly available through the web

site of the agency, publication in the Federal Register, or other means. ‘‘(C) S ENSITIVE INFORMATION .—Subparagraph (B)(iii) may be modified or waived for security rea

sons, or to protect classified, sensitive, or private information contained in an assessment. ‘‘(D) C OPY TO DIRECTOR .—Agencies shall provide the Director with a copy of the privacy impact as

sessment for each system for which funding is re

quested. ‘‘(2) C ONTENTS OF A PRIVACY IMPACT ASSESSMENT .— ‘‘(A) I N GENERAL .—The Director shall issue guid

ance to agencies specifying the required contents of a privacy impact assessment. ‘‘(B) G UIDANCE .—The guidance shall— ‘‘(i) ensure that a privacy impact assessment is commensurate with the size of the information system being assessed, the sensitivity of informa

tion that is in an identifiable form in that sys

tem, and the risk of harm from unauthorized re

lease 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 in

formation; ‘‘(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 informa

tion 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 ‘Pri

vacy Act’). ‘‘(3) R ESPONSIBILITIES OF THE DIRECTOR .—The Direc

tor 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 Govern

ment; and ‘‘(C) require agencies to conduct privacy impact assessments of existing information systems or on

going collections of information that is in an iden

tifiable form as the Director determines appro

priate. ‘‘(c) P RIVACY P ROTECTIONS ON A GENCY W EBSITES .— ‘‘(1) P RIVACY POLICIES ON WEBSITES .— ‘‘(A) G UIDELINES FOR NOTICES .—The Director shall develop guidance for privacy notices on agency websites used by the public. ‘‘(B) C ONTENTS .—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 in

formation; ‘‘(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 informa

tion 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 re

ferred to as the ‘Privacy Act’), and other laws rel

evant to the protection of the privacy of an indi

vidual. ‘‘(2) P RIVACY POLICIES IN MACHINE

- READABLE FOR

MATS .—The Director shall issue guidance requiring agencies to translate privacy policies into a stand

ardized machine-readable format. ‘‘(d) D EFINITION .—In this section, the term ‘identifi

able 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) P URPOSE .—The purpose of this section is to im

prove the skills of the Federal workforce in using infor

mation technology to deliver Government information and services. ‘‘(b) W ORKFORCE D EVELOPMENT .— ‘‘(1) I N 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 Per

sonnel Management shall— ‘‘(A) analyze, on an ongoing basis, the personnel needs of the Federal Government related to infor

mation technology and information resource man

agement; ‘‘(B) identify where current information tech

nology and information resource management training do not satisfy the personnel needs de

scribed in subparagraph (A); ‘‘(C) oversee the development of curricula, train

ing methods, and training priorities that cor

respond to the projected personnel needs of the Fed

eral Government related to information technology and information resource management; and ‘‘(D) assess the training of Federal employees in information technology disciplines in order to en

sure that the information resource management needs of the Federal Government are addressed.

### Page 113 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501

‘‘(2) I NFORMATION TECHNOLOGY TRAINING PRO

GRAMS .—The head of each Executive agency, after consultation with the Director of the Office of Per

sonnel 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 in

formation technology disciplines corresponding to the specific information technology and informa

tion resource management needs of the agency in

volved; ‘‘(B) be developed and applied according to rigor

ous standards; and ‘‘(C) be designed to maximize efficiency, throughthe use of self-paced courses, online courses, on-thejob training, and the use of remote instructors, wherever such features can be applied without re

ducing the effectiveness of the training or nega

tively impacting academic standards. ‘‘(3) G OVERNMENTWIDE 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 pro

mote the development of performance standards for training and uniform implementation of this sub

section 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 Person

nel Management shall evaluate the implementation of the provisions of this subsection by Executive agencies. ‘‘(4) C HIEF INFORMATION OFFICER AUTHORITIES AND
RESPONSIBILITIES .—Subject to the authority, direc

tion, 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 estab

lished in accordance with this subsection are imple

mented throughout the agency. ‘‘(5) I NFORMATION TECHNOLOGY TRAINING REPORT

ING .—The Director of the Office of Management and Budget shall ensure that the heads of Executive agen

cies collect and maintain standardized information on the information technology and information re

sources management workforce related to the imple

mentation of this subsection. ‘‘(6) A UTHORITY TO DETAIL EMPLOYEES TO NON -F ED

ERAL EMPLOYERS .—In carrying out the preceding pro

visions 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) C OORDINATION PROVISION .—An assignment de

scribed 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 ac

cordance with the requirements of such program. ‘‘(8) E MPLOYEE PARTICIPATION .—Subject to informa

tion resource management needs and the limitations imposed by resource needs in other occupational areas, and consistent with their overall workforce de

velopment strategies, agencies shall encourage em

ployees to participate in occupational information technology training. ‘‘(9) A UTHORIZATION OF A PPROPRIATIONS .—There are authorized to be appropriated to the Office of Person

nel Management for the implementation of this sub

section, $15,000,000 in fiscal year 2003, and such sums as are necessary for each fiscal year thereafter. ‘‘(10) E XECUTIVE 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) I NFORMATION T ECHNOLOGY E XCHANGE P ROGRAM .— ‘‘(1) I N GENERAL .—[Enacted chapter 37 of Title 5, Government Organization and Employees.] ‘‘(2) R EPORT .—Not later than 4 years after the date of the enactment of this Act [Dec. 17, 2002], the Gov

ernment Accountability Office shall prepare and sub

mit to the Committee on Government Reform [now Committee on Oversight and 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 re

port shall include— ‘‘(A) an evaluation of the effectiveness of the pro

gram established by such chapter; and ‘‘(B) a recommendation as to whether such pro

gram should be continued (with or without modi

fication) or allowed to lapse. ‘‘(3) C LERICAL A MENDMENT .—[Amended analysis for part III of Title 5.] ‘‘(d) E THICS P ROVISIONS .— ‘‘(1) O NE

- YEAR RESTRICTION ON CERTAIN COMMUNICA

TIONS .—[Amended section 207 of Title 18, Crimes and Criminal Procedure.] ‘‘(2) D ISCLOSURE OF CONFIDENTIAL INFORMATION .— [Amended section 1905 of Title 18.] ‘‘(3) C ONTRACT ADVICE .—[Amended section 207 of Title 18.] ‘‘(4) R ESTRICTION ON DISCLOSURE OF PROCUREMENT
INFORMATION .—[Amended section 423 of Title 41, Pub

lic Contracts.] ‘‘(e) R EPORT ON E XISTING E XCHANGE P ROGRAMS .— ‘‘(1) E XCHANGE 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) R EPORTING 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 [now Committee on Oversight and Govern

ment Reform] of the House of Representatives and the Committee on Governmental Affairs [now Com

mittee on Homeland Security and Governmental Af

fairs] of the Senate a report identifying all existing exchange programs. ‘‘(3) S PECIFIC INFORMATION .—The report shall, for each such program, include— ‘‘(A) a brief description of the program, including its size, eligibility requirements, and terms or con

ditions for participation; ‘‘(B) specific citation to the law or other author

ity under which the program is established; ‘‘(C) the names of persons to contact for more in

formation, and how they may be reached; and ‘‘(D) any other information which the Office con

siders appropriate. ‘‘(f) R EPORT ON THE E STABLISHMENT OF A G OVERN

MENTWIDE I NFORMATION T ECHNOLOGY T RAINING P RO

GRAM .— ‘‘(1) I N GENERAL .—Not later January 1, 2003, the Of

fice of Personnel Management, in consultation with the Chief Information Officers Council and the Ad

ministrator of General Services, shall review and sub

mit to the Committee on Government Reform [now Committee on Oversight and 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.

### Page 114 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501

‘‘(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, recommenda

tions 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) C OST ESTIMATE .—The report shall, for any rec

ommended program (or improvements) under para

graph (1)(B), include the estimated costs associated with the implementation and operation of such pro

gram as so established (or estimated difference in costs of any such program as so improved). ‘‘(g) T ECHNICAL AND C ONFORMING A MENDMENTS .— ‘‘(1) A MENDMENTS TO TITLE 5
, UNITED STATES CODE .— [Amended sections 3111, 4108, and 7353 of Title 5.] ‘‘(2) A MENDMENT TO TITLE 18
, UNITED STATES CODE .— [Amended section 209 of Title 18.] ‘‘(3) O THER AMENDMENTS .—[Amended section 125(c)(1) of Pub. L. 100–238, set out as a note under sec

tion 8432 of Title 5.]

‘‘SEC. 210. SHARE-IN-SAVINGS INITIATIVES. ‘‘(a) D EFENSE C ONTRACTS .—[Enacted section 2332 of Title 10, Armed Forces.] ‘‘(b) O THER C ONTRACTS .—[Enacted section 266a of Title 41.] ‘‘(c) D EVELOPMENT OF I NCENTIVES .—The Director of the Office of Management and Budget shall, in con

sultation with the Committee on Governmental Affairs [now Committee on Homeland Security and Govern

mental Affairs] of the Senate, the Committee on Gov

ernment Reform [now Committee on Oversight and 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 ap

propriated to the agency in future fiscal years. ‘‘(d) R EGULATIONS .—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 im

plement 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 con

tracts to— ‘‘(A) ensure the contractor’s share of savings re

flects the risk involved and market conditions; and ‘‘(B) otherwise yield greatest value to the govern

ment; and ‘‘(2) allow appropriate regulatory flexibility to fa

cilitate the use of share-in-savings contracts by exec

utive agencies, including the use of innovative provi

sions for technology refreshment and nonstandard Federal Acquisition Regulation contract clauses. ‘‘(e) A DDITIONAL G UIDANCE .—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 exec

utive agencies for determining mutually beneficial savings share ratios and baselines from which savings may be measured. ‘‘(f) OMB R EPORT TO C ONGRESS .—In consultation with executive agencies, the Director of the Office of Man

agement 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 measur

able benefits realized; ‘‘(2) a description of the ability of agencies to deter

mine 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 thatmay be necessary to ensure effective use of share-insavings contracts by executive agencies. ‘‘(g) GAO R EPORT TO C ONGRESS .—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 ComptrollerGeneral of the effectiveness of the use of share-insavings contracts in improving the mission-related and administrative processes of the executive agen

cies and the achievement of agency missions; and ‘‘(3) a recommendation on whether the authority to enter into share-in-savings contracts should be con

tinued. ‘‘(h) R EPEAL OF S HARE

- IN -S AVINGS P ILOT P ROGRAM .— ‘‘(1) R EPEAL .—[Repealed section 11521 of Title 40, Public Buildings, Property, and Works.] ‘‘(2) C ONFORMING AMENDMENTS TO PILOT PROGRAM
AUTHORITY .—[Amended sections 11501 to 11505 of Title 40.] ‘‘(3) A DDITIONAL CONFORMING AMENDMENTS .—[Redes

ignated 11522 of Title 40 as 11521 and amended head

ings and analysis.] ‘‘(i) D EFINITIONS .—In this section, the terms ‘contrac

tor’, ‘savings’, and ‘share-in-savings contract’ have the meanings given those terms in section 317 of the Fed

eral Property and Administrative Services Act of 1949 [former 41 U.S.C. 266a; now 41 U.S.C. note prec. 3901] (as added by subsection (b)). ‘‘SEC. 211. AUTHORIZATION FOR ACQUISITION OF INFORMATION TECHNOLOGY BY STATE AND LOCAL GOVERNMENTS THROUGH FEDERAL SUPPLY SCHEDULES. ‘‘(a) A UTHORITY T O U SE C ERTAIN S UPPLY S CHED

ULES .—[Amended section 502 of Title 40.] ‘‘(b) P ROCEDURES .—Not later than 30 days after the date of the enactment of this Act [Dec. 17, 2002], the Ad

ministrator of General Services shall establish proce

dures to implement section 501(c) of title 40, United States Code (as added by subsection (a)). ‘‘(c) R EPORT .—Not later than December 31, 2004, the Administrator shall submit to the Committee on Gov

ernment Reform [now Committee on Oversight and Government Reform] of the House of Representatives and the Committee on Governmental Affairs [now Com

mittee on Homeland Security and Governmental Af

fairs] 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) P URPOSES .—The purposes of this section are to— ‘‘(1) enhance the interoperability of Federal infor

mation systems; ‘‘(2) assist the public, including the regulated com

munity, in electronically submitting information to agencies under Federal requirements, by reducing the burden of duplicate collection and ensuring the accu

racy of submitted information; and ‘‘(3) enable any person to integrate and obtain simi

lar information held by 1 or more agencies under 1 or more Federal requirements without violating the pri

vacy rights of an individual. ‘‘(b) D EFINITIONS .—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 gov

ernment corporation), partnership, association, State, municipality, commission, political subdivi

sion of a State, interstate body, or agency or compo

nent of the Federal Government.

### Page 115 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501

‘‘(c) R EPORT .— ‘‘(1) I N GENERAL .—Not later than 3 years after the date of enactment of this Act [Dec. 17, 2002], the Di

rector 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 Com

mittee on Homeland Security and Governmental Af

fairs] of the Senate and the Committee on Govern

ment Reform [now Committee on Oversight and Gov

ernment Reform] of the House of Representatives on progress toward integrating Federal information sys

tems across agencies. ‘‘(2) C ONTENTS .—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 en

abling the development of, software, including Internet-based tools, for use by reporting persons in assembling, documenting, and validating the accu

racy of information electronically submitted to agencies under nonvoluntary, statutory, and regu

latory requirements; ‘‘(C) address the feasibility of developing a dis

tributed information system involving, on a vol

untary 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 informa

tion 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 Direc

tor deems appropriate on the use of integrated re

porting and information systems, to reduce the bur

den on reporting and strengthen public access to databases within and across agencies. ‘‘(d) P ILOT P ROJECTS T O E NCOURAGE I NTEGRATED C OL

LECTION AND M ANAGEMENT OF D ATA AND I NTEROPER

ABILITY OF F EDERAL I NFORMATION S YSTEMS .— ‘‘(1) I N GENERAL .—In order to provide input to the study under subsection (c), the Director shall des

ignate, in consultation with agencies, a series of no more than 5 pilot projects that integrate data ele

ments. The Director shall consult with agencies, the regulated community, public interest organizations, and the public on the implementation of the pilot projects. ‘‘(2) G OALS OF PILOT PROJECTS .— ‘‘(A) I N GENERAL .—Each goal described under sub

paragraph (B) shall be addressed by at least 1 pilot project each. ‘‘(B) G OALS .—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 sub

mitted information. ‘‘(3) I NPUT .—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) P ROTECTIONS .—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 rel

evant 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) P URPOSES .—The purposes of this section are to— ‘‘(1) study and enhance the effectiveness of commu

nity technology centers, public libraries, and other institutions that provide computer and Internet ac

cess to the public; and‘‘(2) promote awareness of the availability of online government information and services, to users of community technology centers, public libraries, and other public facilities that provide access to com

puter technology and Internet access to the public. ‘‘(b) S TUDY AND R EPORT .—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 Adminis

trator 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 Gov

ernmental Affairs] of the Senate; ‘‘(B) the Committee on Health, Education, Labor, and Pensions of the Senate; ‘‘(C) the Committee on Government Reform [now Committee on Oversight and Government Reform] of the House of Representatives; and ‘‘(D) the Committee on Education and the Work

force of the House of Representatives. ‘‘(c) C ONTENTS .—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 cen

ters, public libraries, and other institutions that pro

vide computer and Internet access to the public; ‘‘(4) a database of all community technology cen

ters that have received Federal funds, including— ‘‘(A) each center’s name, location, services pro

vided, 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) C OOPERATION .—All agencies that fund commu

nity technology centers shall provide to the Adminis

trator any information and assistance necessary for the completion of the study and the report under this sec

tion. ‘‘(e) A SSISTANCE .— ‘‘(1) I N GENERAL .—The Administrator, in consulta

tion with the Secretary of Education, shall work with

### Page 116 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501

other relevant Federal agencies, and other interested persons in the private and nonprofit sectors to— ‘‘(A) assist in the implementation of recom

mendations; and ‘‘(B) identify other ways to assist community technology centers, public libraries, and other in

stitutions that provide computer and Internet ac

cess to the public. ‘‘(2) T YPES 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) O NLINE T UTORIAL .— ‘‘(1) I N GENERAL .—The Administrator, in consulta

tion 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 informa

tion and services on the Internet; and ‘‘(B) provides a guide to available online re

sources. ‘‘(2) D ISTRIBUTION .—The Administrator, with assist

ance from the Secretary of Education, shall distrib

ute information on the tutorial to community tech

nology centers, public libraries, and other institu

tions that afford Internet access to the public. ‘‘(g) P ROMOTION OF C OMMUNITY T ECHNOLOGY C EN

TERS .—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) A UTHORIZATION OF A PPROPRIATIONS .—There are authorized to be appropriated for the study of best practices at community technology centers, for the de

velopment and dissemination of the online tutorial, and for the promotion of community technology cen

ters 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 TECH

NOLOGY. ‘‘(a) P URPOSE .—The purpose of this section is to im

prove how information technology is used in coordi

nating and facilitating information on disaster pre

paredness, response, and recovery, while ensuring the availability of such information across multiple access channels. ‘‘(b) I N G ENERAL .— ‘‘(1) S TUDY ON ENHANCEMENT OF CRISIS RESPONSE .— Not later than 90 days after the date of enactment of this Act [Dec. 17, 2002], the Administrator, in con

sultation with the Federal Emergency Management Agency, shall ensure that a study is conducted on using information technology to enhance crisis pre

paredness, response, and consequence management of natural and manmade disasters. ‘‘(2) C ONTENTS .—The study under this subsection shall address— ‘‘(A) a research and implementation strategy for effective use of information technology in crisis re

sponse and consequence management, including the more effective use of technologies, management of information technology research initiatives, and incorporation of research advances into the infor

mation and communications systems of— ‘‘(i) the Federal Emergency Management Agen

cy; and ‘‘(ii) other Federal, State, and local agencies re

sponsible 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) R EPORT .—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 Gov

ernmental Affairs] of the Senate; and ‘‘(B) the Committee on Government Reform [now Committee on Oversight and Government Reform] of the House of Representatives. ‘‘(4) I NTERAGENCY COOPERATION .—Other Federal de

partments and agencies with responsibility for disas

ter relief and emergency assistance shall fully co

operate with the Administrator in carrying out this section. ‘‘(5) A UTHORIZATION OF APPROPRIATIONS .—There are authorized to be appropriated for research under this subsection, such sums as are necessary for fiscal year 2003. ‘‘(c) P ILOT P ROJECTS .—Based on the results of the re

search conducted under subsection (b), the Adminis

trator, in consultation with the Federal Emergency Management Agency, shall initiate pilot projects or re

port to Congress on other activities that further the goal of maximizing the utility of information tech

nology in disaster management. The Administrator shall cooperate with other relevant agencies, and, if ap

propriate, State, local, and tribal governments, in ini

tiating such pilot projects.

‘‘SEC. 215. DISPARITIES IN ACCESS TO THE INTER

NET. ‘‘(a) S TUDY AND R EPORT .— ‘‘(1) S TUDY .—Not later than 90 days after the date of enactment of this Act [Dec. 17, 2002], the Adminis

trator of General Services shall request that the Na

tional Academy of Sciences, acting through the Na

tional Research Council, enter into a contract to con

duct a study on disparities in Internet access for on

line Government services. ‘‘(2) R EPORT .—Not later than 2 years after the date of enactment of this Act, the Administrator of Gen

eral Services shall submit to the Committee on Gov

ernmental Affairs [now Committee on Homeland Se

curity and Governmental Affairs] of the Senate and the Committee on Government Reform [now Commit

tee on Oversight and 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) C ONTENTS .—The report under subsection (a) shall include a study of— ‘‘(1) how disparities in Internet access influence the effectiveness of online Government services, includ

ing 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 ef

fective 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 inter

play of disparities in Internet access and the increase in online Government services. ‘‘(c) R ECOMMENDATIONS .—The report shall include rec

ommendations on actions to ensure that online Govern

ment initiatives shall not have the unintended result of increasing any deficiency in public access to Govern

ment services. ‘‘(d) A UTHORIZATION OF A PPROPRIATIONS .—There are authorized to be appropriated $950,000 in fiscal year 2003 to carry out this section.

### Page 117 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501

‘‘SEC. 216. COMMON PROTOCOLS FOR GEOGRAPHIC INFORMATION SYSTEMS. ‘‘(a) P URPOSES .—The purposes of this section are to— ‘‘(1) reduce redundant data collection and informa

tion; and ‘‘(2) promote collaboration and use of standards for government geographic information. ‘‘(b) D EFINITION .—In this section, the term ‘geo

graphic information’ means information systems that involve locational data, such as maps or other geo

spatial information resources. ‘‘(c) I N G ENERAL .— ‘‘(1) C OMMON PROTOCOLS .—The Administrator, in consultation with the Secretary of the Interior, working with the Director and through an inter

agency group, and working with private sector ex

perts, State, local, and tribal governments, commer

cial and international standards groups, and other in

terested parties, shall facilitate the development of common protocols for the development, acquisition, maintenance, distribution, and application of geo

graphic information. If practicable, the Adminis

trator shall incorporate intergovernmental and pub

lic private geographic information partnerships into efforts under this subsection. ‘‘(2) I NTERAGENCY GROUP .—The interagency group referred to under paragraph (1) shall include rep

resentatives of the National Institute of Standards and Technology and other agencies. ‘‘(d) D IRECTOR .—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) C OMMON P ROTOCOLS .—The common protocols shall be designed to— ‘‘(1) maximize the degree to which unclassified geo

graphic information from various sources can be made electronically compatible and accessible; and ‘‘(2) promote the development of interoperable geo

graphic 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 ge

ographic data. ‘‘(f) A UTHORIZATION OF A PPROPRIATIONS .—There are authorized to be appropriated such sums as are nec

essary to carry out this section, for each of the fiscal years 2003 through 2007.’’

I NFORMATION S ECURITY R ESPONSIBILITIES OF C ERTAIN A GENCIES
Pub. L. 107–347, title III, §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 Intel

ligence, or other agency head, as authorized by law and as directed by the President, with regard to the oper

ation, control, or management of national security sys

tems, 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 com

munity deemed to be a reference to the Director of Na

tional Intelligence. Reference to the Director of Cen

tral Intelligence or the Director of the Central Intel

ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref

erence to the Director of the Central Intelligence Agen

cy. 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.]

A TOMIC E NERGY A CT OF 1954
Pub. L. 107–347, title III, §301(c)(2), Dec. 17, 2002, 116 Stat. 2955, provided that: ‘‘Nothing in this Act [see Tables for classification] shall supersede any require

ment made by or under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted data or formerly re

stricted 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.).’’

C ONFIDENTIAL I NFORMATION P ROTECTION AND

S TATISTICAL E FFICIENCY
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 Informa

tion 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 organiza

tion or a researcher affiliated with an institution of higher learning (including a person granted special sworn status by the Bureau of the Census under sec

tion 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 gov

ernment 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 con

sultant, a contractor, or an employee of a contrac

tor, 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 con

tractor, 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 pro

visions of law that affect information acquired by that agency. ‘‘(3) The term ‘business data’ means operating andfinancial data and information about businesses, taxexempt organizations, and government entities. ‘‘(4) The term ‘identifiable form’ means any rep

resentation 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, in

cluding any administrative, regulatory, law en

forcement, adjudicatory, or other purpose that af

fects the rights, privileges, or benefits of a particu

lar 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 ac

quired 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

### Page 118 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501

information to an agency, is the subject of informa

tion requested or required to be supplied to an agen

cy, or provides that information to an agency. ‘‘(7) The term ‘statistical activities’— ‘‘(A) means the collection, compilation, process

ing, or analysis of data for the purpose of describing or making estimates concerning the whole, or rel

evant groups or components within, the economy, society, or the natural environment; and ‘‘(B) includes the development of methods or re

sources that support those activities, such as meas

urement methods, models, statistical classifica

tions, 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 analy

sis of the characteristics of groups, without identi

fying the individuals or organizations that com

prise such groups; and ‘‘(B) includes the development, implementation, or maintenance of methods, technical or adminis

trative procedures, or information resources that support the purposes described in subparagraph (A).

‘‘SEC. 503. COORDINATION AND OVERSIGHT OF POLICIES. ‘‘(a) I N G ENERAL .—The Director of the Office of Man

agement and Budget shall coordinate and oversee the confidentiality and disclosure policies established by this title. The Director may promulgate rules or pro

vide other guidance to ensure consistent interpretation of this title by the affected agencies. ‘‘(b) A GENCY R ULES .—Subject to subsection (c), agen

cies may promulgate rules to implement this title. Rules governing disclosures of information that are au

thorized by this title shall be promulgated by the agen

cy that originally collected the information. ‘‘(c) R EVIEW AND A PPROVAL OF R ULES .—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 Direc

tor. ‘‘(d) R EPORTS .— ‘‘(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 [now Committee on Oversight and Government Reform] of the House of Representa

tives, and the Committee on Governmental Affairs [now Committee on Homeland Security and Govern

mental 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 en

tered into pursuant to section 524(a) for the applica

ble 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) T ITLE 44, U NITED S TATES C ODE .—This title, in

cluding amendments made by this title, does not di

minish 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) T ITLE 13 AND T ITLE 44, U NITED S TATES C ODE .— 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 sec

tions 8, 16, 301, and 401 of title 13, United States Code, and section 2108 of title 44, United States Code. ‘‘(c) T ITLE 13, U NITED S TATES C ODE .—This title, in

cluding amendments made by this title, shall not be construed as authorizing the disclosure for nonstatis

tical purposes of demographic data or information col

lected by the Census Bureau pursuant to section 9 of title 13, United States Code. ‘‘(d) V ARIOUS E NERGY S TATUTES .—Data or informa

tion acquired by the Energy Information Administra

tion under a pledge of confidentiality and designated by the Energy Information Administration to be used for exclusively statistical purposes shall not be dis

closed in identifiable form for nonstatistical purposes under— ‘‘(1) section 12, 20, or 59 of the Federal Energy Ad

ministration Act of 1974 (15 U.S.C. 771, 779, 790h); ‘‘(2) section 11 of the Energy Supply and Environ

mental Coordination Act of 1974 (15 U.S.C. 796); or ‘‘(3) section 205 or 407 of the Department of the En

ergy Organization Act of 1977 (42 U.S.C. 7135, 7177). ‘‘(e) S ECTION 201 OF C ONGRESSIONAL B UDGET A CT 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 viola

tion 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 im

prove the general utility of these databases for the sta

tistical purpose of analyzing pension and health care fi

nancing issues. ‘‘(f) P REEMPTION OF S TATE L AW .—Nothing in this title shall preempt applicable State law regarding the con

fidentiality of data collected by the States. ‘‘(g) S TATUTES R EGARDING F ALSE S TATEMENTS .—Not

withstanding section 512, information collected by an agency for exclusively statistical purposes under a pledge of confidentiality may be provided by the col

lecting agency to a law enforcement agency for the prosecution of submissions to the collecting agency of false statistical information under statutes that au

thorize criminal penalties (such as section 221 of title 13, United States Code) or civil penalties for the provi

sion of false statistical information, unless such disclo

sure or use would otherwise be prohibited under Fed

eral law. ‘‘(h) C ONSTRUCTION .—Nothing in this title shall be construed as restricting or diminishing any confiden

tiality protections or penalties for unauthorized disclo

sure that otherwise apply to data or information col

lected for statistical purposes or nonstatistical pur

poses, including, but not limited to, section 6103 of the Internal Revenue Code of 1986 (26 U.S.C. 6103). ‘‘(i) A UTHORITY OF C ONGRESS .—Nothing in this title shall be construed to affect the authority of the Con

gress, including its committees, members, or agents, to obtain data or information for a statistical purpose, in

cluding for oversight of an agency’s statistical activi

ties.

‘‘S UBTITLE A—C ONFIDENTIAL I NFORMATION P ROTECTION

‘‘SEC. 511. FINDINGS AND PURPOSES. ‘‘(a) F INDINGS .—The Congress finds the following: ‘‘(1) Individuals, businesses, and other organiza

tions have varying degrees of legal protection when providing information to the agencies for strictly sta

tistical purposes. ‘‘(2) Pledges of confidentiality by agencies provide assurances to the public that information about indi

viduals 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 ac

tion.

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‘‘(3) Protecting the confidentiality interests of indi

viduals or organizations who provide information under a pledge of confidentiality for Federal statis

tical 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 confiden

tiality to the agencies adversely affects both the ac

curacy and completeness of statistical analyses. ‘‘(5) Ensuring that information provided under a pledge of confidentiality for statistical purposes re

ceives protection is essential in continuing public co

operation in statistical programs. ‘‘(b) P URPOSES .—The purposes of this subtitle are the following: ‘‘(1) To ensure that information supplied by individ

uals or organizations to an agency for statistical pur

poses under a pledge of confidentiality is used exclu

sively for statistical purposes. ‘‘(2) To ensure that individuals or organizations who supply information under a pledge of confiden

tiality to agencies for statistical purposes will nei

ther 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) U SE OF S TATISTICAL D ATA OR I NFORMATION .—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) D ISCLOSURE OF S TATISTICAL D ATA OR I NFORMA

TION .— ‘‘(1) Data or information acquired by an agency under a pledge of confidentiality for exclusively sta

tistical purposes shall not be disclosed by an agency in identifiable form, for any use other than an exclu

sively statistical purpose, except with the informed consent of the respondent. ‘‘(2) A disclosure pursuant to paragraph (1) is au

thorized 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 sta

tistical purposes. ‘‘(c) R ULE FOR U SE OF D ATA OR I NFORMATION FOR N ON

STATISTICAL P URPOSES .—A statistical agency or unit shall clearly distinguish any data or information it col

lects for nonstatistical purposes (as authorized by law) and provide notice to the public, before the data or in

formation is collected, that the data or information could be used for nonstatistical purposes. ‘‘(d) D ESIGNATION OF A GENTS .—A statistical agency or unit may designate agents, by contract or by entering into a special agreement containing the provisions re

quired under section 502(2) for treatment as an agent under that section, who may perform exclusively sta

tistical activities, subject to the limitations and pen

alties described in this title.

‘‘SEC. 513. FINES AND PENALTIES. ‘‘Whoever, being an officer, employee, or agent of an agency acquiring information for exclusively statis

tical purposes, having taken and subscribed the oath of office, or having sworn to observe the limitations im

posed by section 512, comes into possession of such in

formation by reason of his or her being an officer, em

ployee, or agent and, knowing that the disclosure of the specific information is prohibited under the provi

sions of this title, willfully discloses the information in any manner to a person or agency not entitled to re

ceive it, shall be guilty of a class E felony and impris

oned for not more than 5 years, or fined not more than $250,000, or both.

‘‘S UBTITLE B—S TATISTICAL E FFICIENCY
‘‘SEC. 521. FINDINGS AND PURPOSES. ‘‘(a) F INDINGS .—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, inves

tors, and workers. ‘‘(2) Federal statistical agencies should continu

ously 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 re

sponse 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 Analy

sis, 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 statis

tical samples that are consistently adjusted for the entry and exit of new businesses in a timely manner, and correct faulty reporting errors quickly and effi

ciently. ‘‘(5) The Congress enacted the International Invest

ment 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 Bu

reau of Economic Analysis, and the Bureau of Labor Statistics to share data on foreign-owned companies. The Act not only expanded detailed industry cov

erage 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 sur

veys. ‘‘(b) P URPOSES .—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 Eco

nomic 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 estab

lishments 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 impor

tant economic indicators, such as the National In

come and Product Accounts.

‘‘SEC. 522. DESIGNATION OF STATISTICAL AGEN

CIES. ‘‘For purposes of this subtitle, the term ‘Designated Statistical Agency’ means each of the following:

### Page 120 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501

‘‘(1) The Bureau of the Census of the Department of Commerce. ‘‘(2) The Bureau of Economic Analysis of the De

partment of Commerce. ‘‘(3) The Bureau of Labor Statistics of the Depart

ment of Labor.

‘‘SEC. 523. RESPONSIBILITIES OF DESIGNATED STATISTICAL AGENCIES. ‘‘The head of each of the Designated Statistical Agen

cies shall— ‘‘(1) identify opportunities to eliminate duplication and otherwise reduce reporting burden and cost im

posed on the public in providing information for sta

tistical purposes; ‘‘(2) enter into joint statistical projects to improve the quality and reduce the cost of statistical pro

grams; and ‘‘(3) protect the confidentiality of individually iden

tifiable information acquired for statistical purposes by adhering to safeguard principles, including— ‘‘(A) emphasizing to their officers, employees, and agents the importance of protecting the confiden

tiality 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 con

fidentiality of individually identifiable information and in the procedures that must be followed to pro

vide access to such information; ‘‘(C) implementing appropriate measures to as

sure the physical and electronic security of con

fidential data; ‘‘(D) establishing a system of records that identi

fies individuals accessing confidential data and the project for which the data were required; and ‘‘(E) being prepared to document their compli

ance with safeguard principles to other agencies au

thorized by law to monitor such compliance.

‘‘SEC. 524. SHARING OF BUSINESS DATA AMONG DESIGNATED STATISTICAL AGENCIES. ‘‘(a) I N G ENERAL .—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) R ESPONSIBILITIES OF A GENCIES U NDER O THER L AWS .—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 sec

tion 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 Pri

vacy Act of 1974 [Pub. L. 93–579, see Short Title note set out under section 552a of Title 5, Government Organiza

tion and Employees])) with respect to the provision or withholding of such information by the agency provid

ing the data. ‘‘(c) R ESPONSIBILITIES OF O FFICERS , E MPLOYEES
, AND A GENTS .—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, includ

ing 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 in

formation; 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) N OTICE .—Whenever a written agreement con

cerns data that respondents were required by law to re

port 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 STATIS

TICAL AGENCIES. ‘‘(a) U SE , G ENERALLY .—Business data provided by a Designated Statistical Agency pursuant to this subtitle shall be used exclusively for statistical purposes. ‘‘(b) P UBLICATION .—Publication of business data ac

quired by a Designated Statistical Agency shall occur in a manner whereby the data furnished by any par

ticular respondent are not in identifiable form.

‘‘SEC. 526. CONFORMING AMENDMENTS. ‘‘(a) D EPARTMENT OF C OMMERCE .—[Amended section 176a of Title 15, Commerce and Trade.] ‘‘(b) T ITLE 13.—[Enacted section 402 of Title 13, Cen

sus.]’’.

W AIVER OF P APERWORK R EDUCTION
Pub. L. 101–508, title IV, §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 infor

mation and regulations required for purposes of carry

ing out this Act [see Tables for classification] and im

plementing the amendments made by this Act.’’

E X . O RD . N O . 13556. C ONTROLLED U NCLASSIFIED

I NFORMATION
Ex. Ord. No. 13556, Nov. 4, 2010, 75 F.R. 68675, provided: 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: S ECTION 1. Purpose . This order establishes an open and uniform program for managing information that re

quires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Govern

ment-wide policies, excluding information that is clas

sified under Executive Order 13526 of December 29, 2009, or the Atomic Energy Act, as amended. At present, executive departments and agencies (agencies) employ ad hoc, agency-specific policies, pro

cedures, and markings to safeguard and control this in

formation, such as information that involves privacy, security, proprietary business interests, and law en

forcement investigations. This inefficient, confusing patchwork has resulted in inconsistent marking and safeguarding of documents, led to unclear or unneces

sarily restrictive dissemination policies, and created impediments to authorized information sharing. The fact that these agency-specific policies are often hidden from public view has only aggravated these issues. To address these problems, this order establishes a program for managing this information, hereinafter de

scribed as Controlled Unclassified Information, that emphasizes the openness and uniformity of Govern

ment-wide practice. S EC . 2. Controlled Unclassified Information (CUI). (a) The CUI categories and subcategories shall serve as exclusive designations for identifying unclassified information throughout the executive branch that re

quires safeguarding or dissemination controls, pursu

ant to and consistent with applicable law, regulations, and Government-wide policies. (b) The mere fact that information is designated as CUI shall not have a bearing on determinations pursu

ant to any law requiring the disclosure of information

### Page 121 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501

or permitting disclosure as a matter of discretion, in

cluding disclosures to the legislative or judicial branches. (c) The National Archives and Records Administra

tion shall serve as the Executive Agent to implement this order and oversee agency actions to ensure compli

ance with this order. S EC . 3. Review of Current Designations. (a) Each agency head shall, within 180 days of the date of this order: (1) review all categories, subcategories, and markings used by the agency to designate unclassified informa

tion for safeguarding or dissemination controls; and (2) submit to the Executive Agent a catalogue of pro

posed categories and subcategories of CUI, and pro

posed associated markings for information designated as CUI under section 2(a) of this order. This submission shall provide definitions for each proposed category and subcategory and identify the basis in law, regula

tion, or Government-wide policy for safeguarding or dissemination controls. (b) If there is significant doubt about whether infor

mation should be designated as CUI, it shall not be so designated. S EC . 4. Development of CUI Categories and Policies. (a) On the basis of the submissions under section 3 of this order or future proposals, and in consultation with affected agencies, the Executive Agent shall, in a time

ly manner, approve categories and subcategories of CUI and associated markings to be applied uniformly throughout the executive branch and to become effec

tive upon publication in the registry established under subsection (d) of this section. No unclassified informa

tion meeting the requirements of section 2(a) of this order shall be disapproved for inclusion as CUI, but the Executive Agent may resolve conflicts among cat

egories and subcategories of CUI to achieve uniformity and may determine the markings to be used. (b) The Executive Agent, in consultation with af

fected agencies, shall develop and issue such directives as are necessary to implement this order. Such direc

tives shall be made available to the public and shall provide policies and procedures concerning marking, safeguarding, dissemination, and decontrol of CUI that, to the extent practicable and permitted by law, regula

tion, and Government-wide policies, shall remain con

sistent across categories and subcategories of CUI and throughout the executive branch. In developing such directives, appropriate consideration should be given to the report of the interagency Task Force on Controlled Unclassified Information published in August 2009. The Executive Agent shall issue initial directives for the implementation of this order within 180 days of the date of this order. (c) The Executive Agent shall convene and chair interagency meetings to discuss matters pertaining to the program established by this order. (d) Within 1 year of the date of this order, the Execu

tive Agent shall establish and maintain a public CUI registry reflecting authorized CUI categories and sub

categories, associated markings, and applicable safe

guarding, dissemination, and decontrol procedures. (e) If the Executive Agent and an agency cannot reach agreement on an issue related to the implemen

tation of this order, that issue may be appealed to the President through the Director of the Office of Manage

ment and Budget. (f) In performing its functions under this order, the Executive Agent, in accordance with applicable law, shall consult with representatives of the public and State, local, tribal, and private sector partners on mat

ters related to approving categories and subcategories of CUI and developing implementing directives issued by the Executive Agent pursuant to this order. S EC . 5. Implementation. (a) Within 180 days of the issuance of initial policies and procedures by the Executive Agent in accordance with section 4(b) of this order, each agency that origi

nates or handles CUI shall provide the Executive Agent with a proposed plan for compliance with the require

ments of this order, including the establishment of in

terim target dates. (b) After a review of agency plans, and in consulta

tion with affected agencies and the Office of Manage

ment and Budget, the Executive Agent shall establish deadlines for phased implementation by agencies. (c) In each of the first 5 years following the date of this order and biennially thereafter, the Executive Agent shall publish a report on the status of agency implementation of this order. S EC . 6. General Provisions. (a) This order shall be implemented in a manner con

sistent with: (1) applicable law, including protections of confiden

tiality and privacy rights; (2) the statutory authority of the heads of agencies, including authorities related to the protection of infor

mation provided by the private sector to the Federal Government; and (3) applicable Government-wide standards and guide

lines issued by the National Institute of Standards and Technology, and applicable policies established by the Office of Management and Budget. (b) The Director of National Intelligence (Director), with respect to the Intelligence Community and after consultation with the heads of affected agencies, may issue such policy directives and guidelines as the Direc

tor deems necessary to implement this order with re

spect to intelligence and intelligence-related informa

tion. Procedures or other guidance issued by Intel

ligence Community element heads shall be in accord

ance with such policy directives or guidelines issued by the Director. Any such policy directives or guidelines issued by the Director shall be in accordance with this order and directives issued by the Executive Agent. (c) This order shall not be construed to impair or otherwise affect the functions of the Director of the Of

fice of Management and Budget relating to budgetary, administrative, and legislative proposals. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce

able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (e) This order shall be implemented subject to the availability of appropriations. (f) The Attorney General, upon request by the head of an agency or the Executive Agent, shall render an in

terpretation of this order with respect to any question arising in the course of its administration. (g) The Presidential Memorandum of May 7, 2008, en

titled ‘‘Designation and Sharing of Controlled Unclassi

fied Information (CUI)’’ is hereby rescinded.

B ARACK O BAMA

.
M AKING I T E ASIER FOR A MERICA ’ S S MALL B USINESSES
AND A MERICA ’ S E XPORTERS TO A CCESS G OVERNMENT S ERVICES TO H ELP T HEM G ROW AND H IRE
Memorandum of President of the United States, Oct. 28, 2011, 76 F.R. 68049, provided: Memorandum for the Heads of Executive Depart

ments and Agencies As I outlined in my State of the Union address to the Congress on January 25, 2011, winning the future in the global economy will require a Government that wisely allocates its scarce resources to maximize efficiency and effectiveness so that it can best support American competitiveness, innovation, and job growth. If we are to thrive in the global economy, and make America the best place on Earth to do business, we need to equip our Government with the tools necessary to support inno

vation and job growth in the 21st century. Accordingly, we must make it easier for businesses to access the full range of Government programs and serv

ices without having to waste effort navigating their way through the Federal bureaucracy. At the same time, we must further streamline and coordinate Fed

eral programs to reduce costs and provide customeroriented service.

### Page 122 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3502

Businesses looking for assistance from the Federal Government should feel like they are interacting with one entity, rather than a number of separate, albeit linked, components. This means adopting a ‘‘No Wrong Door’’ policy that uses technology to quickly connect businesses to the services and information relevant to them, regardless of which agency’s website, call center, or office they go to for help. In addition, a business’s interactions with the Fed

eral Government should be individualized and efficient. If the private sector can allow consumers to customize interactions so that they receive only the information they want, in the form they want it, so can the Federal Government. Today, I am directing a first wave of changes focused on both small businesses and businesses of all sizes that want to begin or increase exporting (exporters), be

cause those businesses help drive economic growth and have the most to gain from Federal assistance. We plan to use the resulting improvements as a model for fu

ture reforms so that, in time, all businesses and all citizens receive the highest level of customer service when they interact with the Federal Government. Accordingly, I direct the following: (1) All executive departments and agencies (agencies) shall work with a Steering Committee co-chaired by the Federal Chief Information Officer, Assistant to the President and Chief Technology Officer, and Chief Per

formance Officer (the Co-Chairs) to carry out the direc

tives in this memorandum within 90 days of the date of this memorandum, unless a provision of this memoran

dum expressly states otherwise. The Steering Commit

tee shall include senior policy and technical represent

atives, appointed by the heads of their respective agen

cies, from the Departments of State, Defense, Agri

culture, Commerce, and Veterans Affairs, the Small Business Administration (SBA), the General Services Administration (GSA), the Export-Import Bank, andother agencies designated by the Co-Chairs. The CoChairs and representatives from the Department of Commerce and SBA shall serve as the Executive Com

mittee of the Steering Committee, which shall coordi

nate the strategy, design, development, launch, and op

eration of BusinessUSA, a common, open, online plat

form and web service with dedicated resources that will, as a first step, disseminate core information re

garding the Federal Government’s programs and serv

ices relevant to small businesses and exporters. (2) Agencies shall work with the Steering Committee to develop and launch an introductory version of BusinessUSA. BusinessUSA shall be designed, tested, and built with the active feedback of U.S. businesses and relevant online communities. To the extent appro

priate, practicable, and permitted by law, the BusinessUSA platform shall integrate related State and local government services as well as those of pri

vate sector partners. (3) Agencies shall make information regarding their small business and export programs and services acces

sible through BusinessUSA. To accomplish this in a uniform fashion, the Steering Committee shall develop a common set of standards for content available through BusinessUSA, which shall identify the types of programs and services to be included initially on BusinessUSA and a structure for organizing and pre

senting such information. These standards shall be used by all agencies in the creation, presentation, and delivery of information regarding their programs and services, to the extent practicable and permitted by law. (4) Agencies shall also work with the Steering Com

mittee to develop new content for BusinessUSA that synthesizes information available across agencies to better serve small businesses and exporters. Among other things, agencies shall work together to aggregate on the BusinessUSA platform statistical, demographic, and other raw Government datasets of particular inter

est to small businesses and exporters, making Govern

ment data more easily accessible and spurring innova

tive uses of the data through business-oriented web or mobile applications. (5) Agencies shall integrate BusinessUSA, including ready access to the BusinessUSA website, into their current websites, call centers, and field offices to en

sure that small businesses and exporters have access to the wide range of Government programs and services at each entry point into the Federal Government. During the year following the date of this memorandum, agen

cies shall work with GSA and the Office of Management and Budget to enhance the centralized call center for responding to public questions about Federal programs and services (1–800–FED–INFO) to add expertise with Government programs and services for small businesses and exporters. (6) (a) Nothing in this memorandum shall be con

strued to impair or otherwise affect: (i) authority granted by law or Executive Order to an agency, or the head thereof; or (ii) functions of the Director of the Office of Man

agement and Budget relating to budgetary, adminis

trative, or legislative proposals. (b) BusinessUSA shall be operated by a single hosting agency under the Executive Committee’s coordination. To the extent permitted by law, agencies shall reim

burse the hosting agency for the cost of establishing, maintaining, and operating BusinessUSA. (c) This memorandum shall be implemented consist

ent with applicable law and subject to the availability of appropriations. (d) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce

dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other
person. (7) The Director of the Office of Management and Budget is authorized and directed to publish this memorandum in the Federal Register.
B ARACK O BAMA

. 

### § 3502. Definitions
As used in this subchapter— (1) the term ‘‘agency’’ means any executive department, military department, Govern

ment corporation, Government controlled cor

poration, or other establishment in the execu

tive 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 Co

lumbia and of the territories and possessions of the United States, and their various sub

divisions; or (D) Government-owned contractor-oper

ated facilities, including laboratories en

gaged in national defense research and pro

duction 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 re

sources 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 collec

tion of information; and (F) transmitting, or otherwise disclosing the information;

### Page 123 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3502

(3) the term ‘‘collection of information’’— (A) means the obtaining, causing to be ob

tained, 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 per

sons, other than agencies, instrumental

ities, or employees of the United States; or (ii) answers to questions posed to agen

cies, instrumentalities, or employees of the United States which are to be used for general statistical purposes; and
(B) shall not include a collection of infor

mation 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 agen

cy’’ means the Board of Governors of the Fed

eral Reserve System, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Federal Communica

tions Commission, the Federal Deposit Insur

ance Corporation, the Federal Energy Regu

latory Commission, the Federal Housing Fi

nance Agency, the Federal Maritime Commis

sion, the Federal Trade Commission, the Interstate Commerce Commission, the Mine Enforcement Safety and Health Review Com

mission, the National Labor Relations Board, the Nuclear Regulatory Commission, the Oc

cupational Safety and Health Review Commis

sion, the Postal Regulatory Commission, the Securities and Exchange Commission, the Bu

reau of Consumer Financial Protection, the Office of Financial Research, Office of the Comptroller of the Currency, and any other similar agency designated by statute as a Fed

eral independent regulatory agency or com

mission; (6) the term ‘‘information resources’’ means information and related resources, such as personnel, equipment, funds, and information technology; (7) the term ‘‘information resources manage

ment’’ means the process of managing infor

mation resources to accomplish agency mis

sions and to improve agency performance, in

cluding 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 secu

rity 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, trib

al, or local government or branch thereof, or a political subdivision of a State, territory, trib

al, or local government or a branch of a politi

cal subdivision; (11) the term ‘‘practical utility’’ means the ability of an agency to use information, par

ticularly the capability to process such infor

mation 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 Gov

ernment, 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 imposi

tion by an agency or court of a fine or other punishment; a judgment for monetary dam

ages or equitable relief; or the revocation, sus

pension, reduction, or denial of a license, privilege, right, grant, or benefit.
(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 164; amended Pub. L. 104–106, div. E, title LVI, §5605(a), Feb. 10, 1996, 110 Stat. 700; Pub. L. 105–85, div. A, title X, §1073(h)(5)(A), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 106–398, §1 [[div. A], title X, §1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275; Pub. L. 107–217, §3( l )(4), Aug. 21, 2002, 116 Stat. 1301; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–435, title VI, §604(e), Dec. 20, 2006, 120 Stat. 3242; Pub. L. 110–289, div. A, title II, §1216(e), July 30, 2008, 122 Stat. 2792; Pub. L. 111–203, title III, §315, title X, §1100D(a), July 21, 2010, 124 Stat. 1524, 2111.)

P RIOR P ROVISIONS A prior section 3502, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2813; amended Pub. L. 98–443, §9(h), Oct. 4, 1984, 98 Stat. 1708; Pub. L. 99–500, §101(m) [title VIII, §812], Oct. 18, 1986, 100 Stat. 1783–308, 1783–335, and Pub. L. 99–591, §101(m) [title VIII, §812], Oct. 30, 1986, 100 Stat. 3341–308, 3341–335; Pub. L. 101–73, title VII, §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, §409(a), Nov. 16, 1973, 87 Stat. 593, defined ‘‘Federal agency’’, ‘‘per

son’’, and ‘‘information’’, prior to the general amend

ment of this chapter by Pub. L. 96–511.

A MENDMENTS 2010—Par. (5). Pub. L. 111–203, §1100D(a), which di

rected amendment of section 2(5) of the Paperwork Re

duction Act (44 U.S.C. 3502(5)) by inserting ‘‘the Bureau of Consumer Financial Protection, the Office of Finan

cial Research,’’ after ‘‘the Securities and Exchange Commission,’’, was executed to this section to reflect the probable intent of Congress. Pub. L. 111–203, §315, inserted ‘‘Office of the Comp

troller of the Currency,’’ after ‘‘the Securities and Ex

change Commission,’’. 2008—Par. (5). Pub. L. 110–289 substituted ‘‘Federal Housing Finance Agency’’ for ‘‘Federal Housing Fi

nance Board’’. 2006—Par. (5). Pub. L. 109–435 substituted ‘‘Postal Regulatory Commission’’ for ‘‘Postal Rate Commis

sion’’.

### Page 124 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3503

2004—Par. (1)(A). Pub. L. 108–271 substituted ‘‘Govern

ment 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 ClingerCohen Act of 1996 (40 U.S.C. 1401)’’ for ‘‘the Information Technology Management Reform Act of 1996’’ and in

serted ‘‘(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 ‘in

formation 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 Fed

eral Property and Administrative Services Act of 1949 (40 U.S.C. 759(a)(2) and (3)(C)(i) through (v));’’.

E FFECTIVE D ATE OF 2010 A MENDMENT Amendment by section 315 of Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking. Amendment by section 1100D(a) of Pub. L. 111–203 ef

fective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employ

ees.

E FFECTIVE D ATE OF 2000 A MENDMENT Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of Pub. L. 106–398, set out as an Effective Date note under section 3531 of this title.

E FFECTIVE D ATE OF 1996 A MENDMENT 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.

A BOLITION OF I NTERSTATE C OMMERCE C OMMISSION AND

T RANSFER OF F UNCTIONS

Interstate Commerce Commission abolished and func

tions 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 appro

priate, see section 205 of Pub. L. 104–88, set out as a note under section 701 of Title 49.


### § 3503. Office of Information and Regulatory Af

fairs
(a) There is established in the Office of Man

agement and Budget an office to be known as the Office of Information and Regulatory Af

fairs. (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 in

formation resources management policy. (Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 166; amended Pub. L. 106–398, §1 [[div. A], title X, §1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.) P RIOR P ROVISIONS A prior section 3503, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2814; amended Pub. L. 99–500, §101(m) [title VIII, §813(a)], Oct. 18, 1986, 100 Stat. 1783–308, 1783–336, and Pub. L. 99–591, §101(m) [title VIII, §813(a)], Oct. 30, 1986, 100 Stat. 3341–308, 3341–336, related to the establishment of the Office of Information and Regu

latory 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 Bu

reau of the Budget, prior to the general amendment of this chapter by Pub. L. 96–511. See section 3504 of this title.

A MENDMENTS 2000—Subsec. (b). Pub. L. 106–398 substituted ‘‘sub

chapter’’ for ‘‘chapter’’.

E FFECTIVE D ATE OF 2000 A MENDMENT Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of Pub. L. 106–398, set out as an Effective Date note under section 3531 of this title.

D ELEGATION OF O THER F UNCTIONS TO A DMINISTRATOR Pub. L. 96–511, §3, Dec. 11, 1980, 94 Stat. 2825, as amended by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1083; Pub. L. 99–500, §101(m) [title VIII, §821(b)(3)], Oct. 18, 1986, 100 Stat. 1783–308, 1783–342, and Pub. L. 99–591, §101(m) [title VIII, §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 Of

fice of Information and Regulatory Affairs all func

tions, 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, Govern

ment Organization and Employees], and under sections 110 and 111 of the Federal Property and Administrative Services Act of 1949 ([former 40 U.S.C. 322 and former] 40 U.S.C. 759).’’ [Section 101(m) [title VIII, §833] of Pub. L. 99–500 and Pub. L. 99–591 provided that: ‘‘This title and the amend

ments 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.’’]


### § 3504. Authority and functions of Director
(a)(1) The Director shall oversee the use of in

formation resources to improve the efficiency and effectiveness of governmental operations to serve agency missions, including burden reduc

tion and service delivery to the public. In per

forming such oversight, the Director shall— (A) develop, coordinate and oversee the im

plementation of Federal information resources management policies, principles, standards, and guidelines; and

### Page 125 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3504

1 So in original. Probably should be followed by ‘‘and’’. 

### (B) provide direction and oversee— (i) the review and approval of the collec

tion of information and the reduction of the information collection burden; (ii) agency dissemination of and public ac

cess to information; (iii) statistical activities; (iv) records management activities; (v) privacy, confidentiality, security, dis

closure, and sharing of information; and (vi) the acquisition and use of information technology, including alternative informa

tion technologies that provide for electronic submission, maintenance, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signa

tures.
(2) The authority of the Director under this subchapter shall be exercised consistent with applicable law. (b) With respect to general information re

sources 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 collec

tion, storage, processing and communica

tion, including standards for security, inter

connectivity and interoperability;
(3) initiate and review proposals for changes in legislation, regulations, and agency proce

dures to improve information resources man

agement practices; (4) oversee the development and implemen

tation of best practices in information re

sources 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 informa

tion and the control of paperwork, the Director shall— (1) review and approve proposed agency col

lections of information; (2) coordinate the review of the collection of information associated with Federal procure

ment and acquisition by the Office of Informa

tion 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 pay

ment, and to reduce information collection burdens on the public; (3) minimize the Federal information collec

tion burden, with particular emphasis on those individuals and entities most adversely af

fected; (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 collec

tion of information; 1 

### (6) publish in the Federal Register and make available on the Internet (in consultation with the Small Business Administration) on an an

nual 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 im

plementation 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 dissemi

nated; and (2) promote public access to public informa

tion and fulfill the purposes of this sub

chapter, including through the effective use of information technology.
(e) With respect to statistical policy and co

ordination, 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 Fed

eral statistics and prepare an annual report on statistical program funding; (3) develop and oversee the implementation of Governmentwide policies, principles, stand

ards, 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 col

lected for statistical purposes consistent with privacy rights and confidentiality pledges; (6) coordinate the participation of the United States in international statistical ac

tivities, including the development of com

parable statistics; (7) appoint a chief statistician who is a trained and experienced professional statisti

cian to carry out the functions described under this subsection; (8) establish an Interagency Council on Sta

tistical Policy to advise and assist the Direc

tor in carrying out the functions under this subsection that shall— (A) be headed by the chief statistician; and

### Page 126 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3504

2 See References in Text note below. 

### (B) consist of— (i) the heads of the major statistical pro

grams; and (ii) representatives of other statistical agencies under rotating membership; and
(9) provide opportunities for training in sta

tistical 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 stat

istician 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 Ar

chivist of the United States and the Adminis

trator of General Services to promote coordi

nation in the administration of chapters 29, 31, and 33 of this title with the information re

sources 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 Archi

vist of the United States and the Adminis

trator of General Services; and
(3) oversee the application of records man

agement policies, principles, standards, and guidelines, including requirements for archiv

ing information maintained in electronic for

mat, 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 guide

lines on privacy, confidentiality, security, dis

closure 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 manage

ment laws.
(h) With respect to Federal information tech

nology, the Director shall— (1) in consultation with the Director of the National Institute of Standards and Tech

nology and the Administrator of General Serv

ices— (A) develop and oversee the implementa

tion of policies, principles, standards, and guidelines for information technology func

tions and activities of the Federal Govern

ment, including periodic evaluations of major information systems; and (B) oversee the development and imple

mentation of standards under section 11331 of title 40;
(2) monitor the effectiveness of, and compli

ance with, directives issued under subtitle III of title 40 and directives issued under section 322 2 

### of title 40; (3) coordinate the development and review by the Office of Information and Regulatory Affairs of policy associated with Federal pro

curement and acquisition of information tech

nology with the Office of Federal Procurement Policy; (4) ensure, through the review of agency budget proposals, information resources man

agement plans and other means— (A) agency integration of information re

sources management plans, program plans and budgets for acquisition and use of infor

mation technology; and (B) the efficiency and effectiveness of inter-agency information technology initia

tives to improve agency performance and the accomplishment of agency missions; and
(5) promote the use of information tech

nology by the Federal Government to improve the productivity, efficiency, and effectiveness of Federal programs, including through dis

semination of public information and the re

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

R EFERENCES IN T EXT The date of enactment of the Small Business Paper

work Relief Act of 2002, referred to in subsec. (c)(6), is the date of enactment of Pub. L. 107–198, which was ap

proved June 28, 2002. Section 322 of title 40, referred to in subsec. (h)(2), was repealed by Pub. L. 109–313, §3(h)(1), Oct. 6, 2006, 120 Stat. 1736.

P RIOR P ROVISIONS A prior section 3504, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2815; amended Pub. L. 98–497, title I, §107(b)(26), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 99–500, §101(m) [title VIII, §§814, 821(b)(2)], Oct. 18, 1986, 100 Stat. 1783–308, 1783–336, 1783–342, and Pub. L. 99–591, §101(m) [title VIII, §§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 amend

ment 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.

A MENDMENTS 2002—Subsec. (c)(6). Pub. L. 107–198 added par. (6). Subsec. (g)(1). Pub. L. 107–296, §1005(c)(1)(A), and Pub. L. 107–347, §305(c)(1)(A), amended par. (1) identically, in

serting ‘‘and’’ at end. Subsec. (g)(2). Pub. L. 107–347, §305(c)(1)(B), sub

stituted ‘‘section 11331 of title 40 and subchapter II of

### Page 127 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3504

this chapter’’ for ‘‘sections 11331 and 11332(b) and (c) of title 40’’ and a period for ‘‘; and’’ at end. Pub. L. 107–296, §1005(c)(1)(B), which directed amend

ment 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 amend

ment by Pub. L. 107–347, §305(c)(1)(B). See Amendment note above and Effective Date of 2002 Amendments notes below. Pub. L. 107–217, §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, §1005(c)(1)(C), and Pub. L. 107–347, §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 secu

rity protections commensurate with the risk and mag

nitude 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, §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, §3( l )(5)(C), sub

stituted ‘‘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, §3( l )(5)(D), substituted‘‘subtitle III of title 40’’ for ‘‘division E of the ClingerCohen 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 sub

stituted ‘‘subchapter’’ for ‘‘chapter’’. 1998—Subsec. (a)(1)(B)(vi). Pub. L. 105–277 amended cl. (vi) generally. Prior to amendment, cl. (vi) read as fol

lows: ‘‘the acquisition and use of information tech

nology.’’ 1997—Subsecs. (g)(2), (3), (h)(1)(B). Pub. L. 105–85, §1073(h)(5)(C), substituted ‘‘Clinger-Cohen Act of 1996 (40 U.S.C. 1441)’’ for ‘‘Information Technology Manage

ment Reform Act of 1996’’. Subsec. (h)(2). Pub. L. 105–85, §1073(h)(5)(B), sub

stituted ‘‘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, §5131(e)(1)(A), substituted ‘‘sections 20 and 21 of the National Insti

tute 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, §5131(e)(1)(B), sub

stituted ‘‘the standards and guidelines promulgated under section 5131 of the Information Technology Man

agement 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, §5605(b), substituted ‘‘section 5131 of the Information Technology Manage

ment Reform Act of 1996’’ for ‘‘section 111(d) of the Fed

eral Property and Administrative Services Act of 1949 (40 U.S.C. 759(d))’’. Subsec. (h)(2). Pub. L. 104–106, §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 Fed

eral Property and Administrative Services Act of 1949 (40 U.S.C. 757 and 759)’’. E FFECTIVE D ATE OF 2002 A MENDMENTS Amendment by Pub. L. 107–347 effective Dec. 17, 2002, see section 402(b) of Pub. L. 107–347, set out as an Effec

tive 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, Do

mestic Security.

E FFECTIVE D ATE OF 2000 A MENDMENT Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of Pub. L. 106–398, set out as an Effective Date note under section 3531 of this title.

E FFECTIVE D ATE OF 1996 A MENDMENT 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.

G OVERNMENT P APERWORK E LIMINATION 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 Paper

work Elimination Act’.

‘‘SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND USE OF ALTERNATIVE IN

FORMATION TECHNOLOGIES BY EXECUTIVE AGENCIES. ‘‘[Amended this section.]


### ‘‘SEC. 1703. PROCEDURES FOR USE AND AC

CEPTANCE OF ELECTRONIC SIGNA

TURES BY EXECUTIVE AGENCIES.
‘‘(a) I N G ENERAL .—In order to fulfill the responsibil

ity 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 Act note set out under section 101 of Title 41, Public Contracts] 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 Tele

communications 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) R EQUIREMENTS FOR P ROCEDURES .—(1) The proce

dures developed under subsection (a)— ‘‘(A) shall be compatible with standards and tech

nology for electronic signatures that are generally used in commerce and industry and by State govern

ments; ‘‘(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 acknowledg

ment of electronic forms that are successfully sub

mitted; 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 SIGNA

TURES. ‘‘In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44,

### Page 128 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3505

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 Act note set out under section 101 of Title 41] and the amendments made by that Act, and the provisions of this title, the Director of the Of

fice of Management and Budget shall ensure that, com

mencing not later than five years after the date of en

actment of this Act [Oct. 21, 1998], Executive agencies provide— ‘‘(1) for the option of the electronic maintenance, submission, or disclosure of information, when prac

ticable as a substitute for paper; and ‘‘(2) for the use and acceptance of electronic signa

tures, 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 Act set out under section 101 of Title 41] 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 em

ployers 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 SIGNA

TURES. ‘‘(a) O NGOING S TUDY R EQUIRED .—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 Act note set out under section 101 of Title 41] 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 Tele

communications and Information Administration, con

duct an ongoing study of the use of electronic signa

tures under this title on— ‘‘(1) paperwork reduction and electronic commerce; ‘‘(2) individual privacy; and ‘‘(3) the security and authenticity of transactions. ‘‘(b) R EPORTS .—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 ac

cordance with procedures developed under this title, or electronic signatures or other forms of electronic au

thentication used in accordance with such procedures, shall not be denied legal effect, validity, or enforce

ability 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 com

munications 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 fa

cilitating such communications, or with the prior af

firmative consent of the person about whom the infor

mation pertains.

‘‘SEC. 1709. APPLICATION WITH INTERNAL REVE

NUE LAWS. ‘‘No provision of this title shall apply to the Depart

ment of the Treasury or the Internal Revenue Service to the extent that such provision— ‘‘(1) involves the administration of the internal rev

enue 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) E LECTRONIC SIGNATURE .—The term ‘electronic signature’ means a method of signing an electronic message that— ‘‘(A) identifies and authenticates a particular per

son as the source of the electronic message; and ‘‘(B) indicates such person’s approval of the infor

mation contained in the electronic message. ‘‘(2) E XECUTIVE AGENCY .—The term ‘Executive agen

cy’ has the meaning given that term in section 105 of title 5, United States Code.’’


### § 3505. Assignment of tasks and deadlines

(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 agen

cy management of the process for the re

view of collections of information estab

lished under section 3506(c); and
(B) improve information resources man

agement in ways that increase the produc

tivity, efficiency and effectiveness of Fed

eral 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 pur

poses of this subchapter, particularly with re

gard 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 Direc

tor of the Office of Personnel Management, de

velop and maintain a Governmentwide strate

gic plan for information resources manage

ment, that shall include— (A) a description of the objectives and the means by which the Federal Government shall apply information resources to im

prove 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 re

sources; (ii) enhancing public access to and dis

semination of, information, using elec

tronic and other formats; and (iii) meeting the information technology needs of the Federal Government in ac

cordance with the purposes of this sub

chapter; and
(C) a description of progress in applying information resources management to im

-

### Page 129 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3506

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

### prove agency performance and the accom

plishment 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 is

sued by an agency with which the project is con

ducted, including any directive requiring a col

lection of information, after giving timely no

tice to the public and the Congress regarding the need for such waiver. (c) 1 

### I NVENTORY OF 

### M AJOR 

### I NFORMATION 

### S YS



### TEMS 

### .—(1) The head of each agency shall develop and maintain an inventory of major information systems (including major national security sys

tems) operated by or under the control of such
agency. (2) The identification of information systems in an inventory under this subsection shall in

clude an identification of the interfaces between each such system and all other systems or net

works, 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 Gen

eral; and (C) used to support information resources management, including— (i) preparation and maintenance of the in

ventory of information resources under sec

tion 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 sub

chapter II; (iv) preparation of the index of major in

formation systems required under section 552(g) of title 5, United States Code; and (v) preparation of information system in

ventories 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 

### I NVENTORY OF 

### I NFORMATION 

### S YSTEMS 

### .—(1) The head of each agency shall develop and main

tain 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 in

clude an identification of the interfaces between each such system and all other systems or net

works, 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 Gen

eral; and (C) used to support information resources management, including— (i) preparation and maintenance of the in

ventory of information resources under sec

tion 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 sub

chapter II; (iv) preparation of the index of major in

formation systems required under section 552(g) of title 5, United States Code; and (v) preparation of information system in

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

P RIOR P ROVISIONS
A prior section 3505, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2818; amended Pub. L. 99–500, §101(m) [title VIII, §815], Oct. 18, 1986, 100 Stat. 1783–308, 1783–337, and Pub. L. 99–591, §101(m) [title VIII, §815], Oct. 30, 1986, 100 Stat. 3341–308, 3341–337, related to as

signment 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.

A MENDMENTS
2002—Subsec. (c). Pub. L. 107–347, added subsec. (c) re

lating 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 ‘‘sub

chapter’’ for ‘‘chapter’’ in introductory provisions and pars. (2) and (3)(B)(iii).

E FFECTIVE D ATE OF 2002 A MENDMENT
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, Do

mestic Security.

E FFECTIVE D ATE OF 2000 A MENDMENT
Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of Pub. L. 106–398, set out as an Effective Date note under section 3531 of this title.


### § 3506. Federal agency responsibilities
(a)(1) The head of each agency shall be respon

sible for— (A) carrying out the agency’s information resources management activities to improve agency productivity, efficiency, and effective

ness; 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 di

rectly to such agency head to carry out the re

sponsibilities of the agency under this sub

chapter.

### Page 130 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3506

(B) The Secretary of the Department of De

fense and the Secretary of each military depart

ment may each designate Chief Information Of

ficers who shall report directly to such Sec

retary 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 Offi

cers shall be clearly delineated. (3) The Chief Information Officer designated under paragraph (2) shall head an office respon

sible for ensuring agency compliance with and prompt, efficient, and effective implementation of the information policies and information re

sources 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 atten

tion to the professional qualifications required to administer the functions described under this subchapter. (4) Each agency program official shall be re

sponsible and accountable for information re

sources assigned to and supporting the programs under such official. In consultation with the Chief Information Officer designated under para

graph (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 re

sources management, each agency shall— (1) manage information resources to— (A) reduce information collection burdens on the public; (B) increase program efficiency and effec

tiveness; 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 infor

mation, public access to government infor

mation, and protections for privacy and se

curity;
(2) in accordance with guidance by the Di

rector, develop and maintain a strategic infor

mation resources management plan that shall describe how information resources manage

ment activities help accomplish agency mis

sions; (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 re

sources management, and program deci

sions; (B) in cooperation with the agency Chief Financial Officer (or comparable official), develop a full and accurate accounting of in

formation technology expenditures, related expenses, and results; and (C) establish goals for improving informa

tion resources management’s contribution to program productivity, efficiency, and ef

fectiveness, methods for measuring progress towards those goals, and clear roles and re

sponsibilities for achieving those goals; (4) in consultation with the Director, the Ad

ministrator of General Services, and the Ar

chivist of the United States, maintain a cur

rent 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 Manage

ment, conduct formal training programs to educate agency program and management offi

cials about information resources manage

ment. (c) With respect to the collection of informa

tion and the control of paperwork, each agency shall— (1) establish a process within the office head

ed by the Chief Information Officer designated under subsection (a), that is sufficiently inde

pendent of program responsibility to evaluate fairly whether proposed collections of infor

mation should be approved under this sub

chapter, 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 col

lection of information; (ii) a functional description of the infor

mation to be collected; (iii) a plan for the collection of the infor

mation; (iv) a specific, objectively supported esti

mate 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 re

sources; (B) ensure that each information collec

tion— (i) is inventoried, displays a control number and, if appropriate, an expiration date; (ii) indicates the collection is in accord

ance with the clearance requirements of section 3507; and (iii) informs the person receiving the col

lection 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 prac

ticable, of the burden of the collection; (IV) whether responses to the collec

tion of information are voluntary, re

quired 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 in

formation unless it displays a valid con

trol number; and (C) assess the information collection bur

den of proposed legislation affecting the
agency; (2)(A) except as provided under subparagraph (B) or section 3507(j), provide 60-day notice in

### Page 131 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3506

the Federal Register, and otherwise consult with members of the public and affected agen

cies concerning each proposed collection of in

formation, to solicit comment to— (i) evaluate whether the proposed collec

tion 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 col

lection of information; (iii) enhance the quality, utility, and clar

ity 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 col

lection techniques or other forms of infor

mation technology; and
(B) for any proposed collection of informa

tion contained in a proposed rule (to be re

viewed by the Director under section 3507(d)), provide notice and comment through the no

tice of proposed rulemaking for the proposed rule and such notice shall have the same pur

poses 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 re

view under section 3507— (A) is necessary for the proper perform

ance of the functions of the agency, includ

ing that the information has practical util

ity; (B) is not unnecessarily duplicative of in

formation 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, in

cluding with respect to small entities, as de

fined 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 under

standable to those who are to respond; (E) is to be implemented in ways consist

ent 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 re

quirement the length of time persons are re

quired 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 man

ner 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 pur

pose for which the information is to be col

lected; and (J) to the maximum extent practicable, uses information technology to reduce bur

den and improve data quality, agency effi

ciency and responsiveness to the public; and
(4) in addition to the requirements of this chapter regarding the reduction of informa

tion collection burdens for small business con

cerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)), make efforts to further reduce the information collection bur

den 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 infor

mation, 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 ac

cess to the underlying data (in whole or in part); and (C) agency dissemination of public infor

mation in an efficient, effective, and eco

nomical manner;
(2) regularly solicit and consider public input on the agency’s information dissemina

tion activities; (3) provide adequate notice when initiating, substantially modifying, or terminating sig

nificant information dissemination products; and (4) not, except where specifically authorized by statute— (A) establish an exclusive, restricted, or other distribution arrangement that inter

feres 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 re

dissemination of public information; or (D) establish user fees for public informa

tion that exceed the cost of dissemination.
(e) With respect to statistical policy and co

ordination, each agency shall— (1) ensure the relevance, accuracy, timeli

ness, integrity, and objectivity of information collected or created for statistical purposes; (2) inform respondents fully and accurately about the sponsors, purposes, and uses of sta

tistical surveys and studies; (3) protect respondents’ privacy and ensure that disclosure policies fully honor pledges of confidentiality;

### Page 132 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3506

(4) observe Federal standards and practices for data collection, analysis, documentation, sharing, and dissemination of information; (5) ensure the timely publication of the re

sults of statistical surveys and studies, includ

ing information about the quality and limita

tions of the surveys and studies; and (6) make data available to statistical agen

cies 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 elec

tronic format, particularly in the planning, de

sign and operation of information systems. (g) With respect to privacy and security, each agency shall— (1) implement and enforce applicable poli

cies, procedures, standards, and guidelines on privacy, confidentiality, security, disclosure and sharing of information collected or main

tained by or for the agency; and (2) assume responsibility and accountability for compliance with and coordinated manage

ment of sections 552 and 552a of title 5, sub

chapter II of this chapter, and related infor

mation management laws.
(h) With respect to Federal information tech

nology, each agency shall— (1) implement and enforce applicable Gov

ernmentwide and agency information tech

nology management policies, principles, standards, and guidelines; (2) assume responsibility and accountability for information technology investments; (3) promote the use of information tech

nology by the agency to improve the produc

tivity, efficiency, and effectiveness of agency programs, including the reduction of informa

tion collection burdens on the public and im

proved dissemination of public information; (4) propose changes in legislation, regula

tions, and agency procedures to improve infor

mation 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 sec

tion 3 of the Small Business Act (15 U.S.C. 632)). (2) Each point of contact described under para

graph (1) shall be established not later than 1 year after the date of enactment of the Small Business Paperwork Relief Act of 2002.
(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 171; amended Pub. L. 104–106, div. E, title LI, §5125(a), Feb. 10, 1996, 110 Stat. 684; Pub. L. 106–398, §1 [[div. A], title X, §1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275; Pub. L. 107–198, §2(b), (c), June 28, 2002, 116 Stat. 729; Pub. L. 107–217, §3( l )(6), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 107–296, title X, §1005(c)(3), Nov. 25, 2002, 116 Stat. 2273; Pub. L. 107–347, title III, §305(c)(3), Dec. 17, 2002, 116 Stat. 2961.)

R EFERENCES IN T EXT The date of enactment of the Small Business Paper

work Relief Act of 2002, referred to in subsec. (i)(2), is the date of enactment of Pub. L. 107–198, which was ap

proved June 28, 2002.

P RIOR P ROVISIONS A prior section 3506, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2819; amended Pub. L. 99–500, §101(m) [title VIII, §816], Oct. 18, 1986, 100 Stat. 1783–308, 1783–338, and Pub. L. 99–591, §101(m) [title VIII, §816], Oct. 30, 1986, 100 Stat. 3341–308, 3341–338, related to Fed

eral agency responsibilities prior to the general amend

ment 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 neces

sity for information and hearing thereon, prior to the general amendment of this chapter by Pub. L. 96–511. See section 3508 of this title.

A MENDMENTS 2002—Subsec. (c)(4). Pub. L. 107–198, §2(c), added par. (4). Subsec. (g)(1). Pub. L. 107–296, §1005(c)(3)(A), and Pub. L. 107–347, §305(c)(3)(A), amended par. (1) identically, in

serting ‘‘and’’ at end. Subsec. (g)(2). Pub. L. 107–296, §1005(c)(3)(B), and Pub. L. 107–347, §305(c)(3)(B), amended par. (2) identically, substituting ‘‘subchapter II of this chapter’’ for ‘‘sec

tion 11332 of title 40’’ and a period for ‘‘; and’’ at end. Pub. L. 107–217, §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, §1005(c)(3)(C), and Pub. L. 107–347, §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 secu

rity protections commensurate with the risk and mag

nitude 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, §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, §2(b), added subsec. (i). 2000—Subsecs. (a)(1) to (3), (b)(4), (c)(1). Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’ wherever ap

pearing. 1996—Subsec. (a)(2)(A). Pub. L. 104–106, §5125(a)(1)(A), substituted ‘‘Chief Information Officer’’ for ‘‘senior of

ficial’’. Subsec. (a)(2)(B). Pub. L. 104–106, §5125(a)(1)(B), sub

stituted ‘‘designate Chief Information Officers’’ for ‘‘designate senior officials’’, ‘‘Chief Information Offi

cer’’ for ‘‘official’’, and ‘‘the Chief Information Offi

cers’’ for ‘‘the officials’’. Subsec. (a)(3), (4). Pub. L. 104–106, §5125(a)(1)(C), sub

stituted ‘‘Chief Information Officer’’ for ‘‘senior offi

cial’’ wherever appearing. Subsec. (c)(1). Pub. L. 104–106, §5125(a)(2), substituted ‘‘Chief Information Officer’’ for ‘‘official’’ in introduc

tory provisions.

E FFECTIVE D ATE OF 2002 A MENDMENT 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, Do

mestic Security.

E FFECTIVE D ATE OF 2000 A MENDMENT Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of

### Page 133 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3507

Pub. L. 106–398, set out as an Effective Date note under section 3531 of this title.

E FFECTIVE D ATE OF 1996 A MENDMENT 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.

E X . O RD . N O . 13073. Y EAR 2000 C ONVERSION
Ex. Ord. No. 13073, Feb. 4, 1998, 63 F.R. 6467, as amend

ed by Ex. Ord. No. 13127, June 14, 1999, 64 F.R. 32793, pro

vided: The American people expect reliable service from their Government and deserve the confidence that crit

ical government functions dependent on electronic sys

tems will be performed accurately and in a timely man

ner. Because of a design feature in many electronic sys

tems, a large number of activities in the public and pri

vate 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 sim

ply 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 Presi

dent by the Constitution and the laws of the United States of America, it is hereby ordered as follows: S ECTION 1. Policy . (a) It shall be the policy of the ex

ecutive branch that agencies shall: (1) assure that no critical Federal program experi

ences 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 infor

mation technology or the Federal Government is de

pendent on those governments to perform critical mis

sions; (3) cooperate with the private sector operators of critical national and local systems, including the bank

ing and financial system, the telecommunications sys

tem, the public health system, the transportation sys

tem, and the electric power generation system, in ad

dressing the Y2K problem; and (4) communicate with their foreign counterparts to raise awareness of and generate cooperative inter

national 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. S EC . 2. Year 2000 Conversion Council . There is hereby established the President’s Council on Year 2000 Con

version (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 de

partments 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 Man

agement and Budget shall report jointly at least quar

terly to me on the progress of agencies in addressing the Y2K problem. (e) The Chair shall identify such resources from agen

cies as the Chair deems necessary for the implementa

tion of the policies set out in this order, consistent with applicable law. S EC . 3. Responsibilities of Agency Heads . (a) The head of each agency shall: (1) assure that efforts to address the Y2K problem re

ceive 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 as

sistance, 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 agen

cies 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. S EC . 4. Responsibilities of Interagency and Executive Of

fice Councils . Interagency councils and councils within the Executive Office of the President, including the President’s Management Council, the Chief Informa

tion Officers Council, the Chief Financial Officers Council, the President’s Council on Integrity and Effi

ciency, the Executive Council on Integrity and Effi

ciency, the National Science and Technology Council, the National Performance Review, the National Eco

nomic Council, the Domestic Policy Council, and the National Security Council shall provide assistance and support to the Chair upon the Chair’s request. S EC . 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 co

ordination within the Federal Government and key components of the public and private sectors, coordi

nating agency assessments of Y2K emergencies that could have an adverse affect on U.S. interests at home and abroad, and, if necessary, assisting Federal agen

cies and the Chair in reconstitution processes where ap

propriate. (c) The ICC will: (1) consist of officials from executive agencies, des

ignated 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 sec

tion 5 of this order; (2) work with the Council and the Office of Manage

ment and Budget to assure that Federal efforts to re

store 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. S EC . 6. Judicial Review . This Executive order is in

tended only to improve the internal management of the executive branch and does not create any right or bene

fit, substantive or procedural, enforceable at law or eq

uity by a party against the United States, its agencies, or instrumentalities, its officers or employees, or any other person.
W ILLIAM J. C LINTON

. 

### § 3507. Public information collection activities; submission to Director; approval and delega

tion

(a) An agency shall not conduct or sponsor the collection of information unless in advance of the adoption or revision of the collection of in

formation— (1) the agency has—

### Page 134 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3507

(A) conducted the review established under section 3506(c)(1); (B) evaluated the public comments re

ceived under section 3506(c)(2); (C) submitted to the Director the certifi

cation 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 Reg

ister— (i) stating that the agency has made such submission; and (ii) setting forth— (I) a title for the collection of informa

tion; (II) a summary of the collection of in

formation; (III) a brief description of the need for the information and the proposed use of the information; (IV) a description of the likely re

spondents and proposed frequency of re

sponse to the collection of information; (V) an estimate of the burden that shall result from the collection of infor

mation; and (VI) notice that comments may be sub

mitted 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 Direc

tor 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 pro

vided under subsection (j). (c)(1) For any proposed collection of informa

tion not contained in a proposed rule, the Direc

tor shall notify the agency involved of the deci

sion to approve or disapprove the proposed col

lection 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 with

out further delay; and (C) the agency may collect the information for not more than 1 year.
(d)(1) For any proposed collection of informa

tion 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 deter

mination required under this subsection; and (B) within 60 days after the notice of pro

posed rulemaking is published in the Federal Register, the Director may file public com

ments 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 Fed

eral Register, the agency shall explain— (A) how any collection of information con

tained in the final rule responds to the com

ments, if any, filed by the Director or the pub

lic; or (B) the reasons such comments were re

jected.
(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 agen

cy rule. (4) No provision in this section shall be con

strued to prevent the Director, in the Director’s discretion— (A) from disapproving any collection of in

formation which was not specifically required by an agency rule; (B) from disapproving any collection of in

formation 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 in

formation contained in a final agency rule, if the Director finds within 60 days after the pub

lication of the final rule that the agency’s re

sponse to the Director’s comments filed under paragraph (2) of this subsection was unreason

able; or (D) from disapproving any collection of in

formation contained in a final rule, if— (i) the Director determines that the agen

cy 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 in

formation, at least 60 days before the issu

ance of the final rule.
(5) This subsection shall apply only when an agency publishes a notice of proposed rule

making and requests public comments. (6) The decision by the Director to approve or not act upon a collection of information con

tained in an agency rule shall not be subject to judicial review. (e)(1) Any decision by the Director under sub

section (c), (d), (h), or (j) to disapprove a collec

tion of information, or to instruct the agency to make substantive or material change to a col

lection of information, shall be publicly avail

able 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 Of

fice of Information and Regulatory Affairs, and an agency or person not employed by the Fed

eral Government concerning a proposed collec

tion of information shall be made available to the public. (3) This subsection shall not require the dis

closure of—

### Page 135 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3507

(A) any information which is protected at all times by procedures established for informa

tion 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 collec

tion 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 com

mission, board, or similar body, may by major

ity vote void— (A) any disapproval by the Director, in whole or in part, of a proposed collection of in

formation 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 com

ment 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 cur

rently approved collection of information, sub

mit 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 rule

making within a reasonable time limited to consideration of changes to the collection of information contained in the rule and there

after to submit the collection of information for approval or disapproval under this sub

chapter. (3) An agency may not make a substantive or material modification to a collection of infor

mation 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 responsibil

ity to evaluate fairly whether proposed collec

tions of information should be approved and has sufficient resources to carry out this respon

sibility effectively, the Director may, by rule in accordance with the notice and comment provi

sions of chapter 5 of title 5, United States Code, delegate to such official the authority to ap

prove proposed collections of information in spe

cific 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 re

viewing 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 Direc

tor 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 agen

cy; and
(B) the agency cannot reasonably comply with the provisions of this subchapter be

cause— (i) public harm is reasonably likely to re

sult if normal clearance procedures are fol

lowed; (ii) an unanticipated event has occurred;

or (iii) the use of normal clearance proce

dures is reasonably likely to prevent or dis

rupt the collection of information or is rea

sonably 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 con

trol number. Any collection of information con

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

P RIOR P ROVISIONS
A prior section 3507, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2819; amended Pub. L. 99–500, §101(m) [title VIII, §817], Oct. 18, 1986, 100 Stat. 1783–308, 1783–338, and Pub. L. 99–591, §101(m) [title VIII, §817], Oct. 30, 1986, 100 Stat. 3341–308, 3341–338, related to sub

mission to Director of public information collection re

quest for an approval or delegation to a senior official

### Page 136 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3508

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 sec

tion 3510(a) of this title.

A MENDMENTS
2000—Subsecs. (e)(3)(B), (h), (j). Pub. L. 106–398 sub

stituted ‘‘subchapter’’ for ‘‘chapter’’ wherever appear

ing. 1996—Subsec. (j)(2). Pub. L. 104–106 substituted ‘‘180 days’’ for ‘‘90 days’’.

E FFECTIVE D ATE OF 2000 A MENDMENT
Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of Pub. L. 106–398, set out as an Effective Date note under section 3531 of this title.

E FFECTIVE D ATE OF 1996 A MENDMENT
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.


### § 3508. Determination of necessity for informa

tion; hearing

Before approving a proposed collection of in

formation, 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 op

portunity to be heard or to submit statements in writing. To the extent, if any, that the Direc

tor determines that the collection of informa

tion by an agency is unnecessary for any reason, the agency may not engage in the collection of information.
(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 179.)

P RIOR P ROVISIONS
A prior section 3508, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2821, related to determination of whether collection of information is necessary for prop

er performance of functions of agency prior to the gen

eral 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 in

formation, 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.


### § 3509. Designation of central collection agency

The Director may designate a central collec

tion 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 agen

cy, 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 agen

cies for which it is to act as agent (including re

imbursement 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 agen

cy to obtain. The Director may modify the des

ignation from time to time as circumstances re

quire. The authority to designate under this sec

tion is subject to the provisions of section 3507(f) of this subchapter.
(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 180; amended Pub. L. 106–398, §1 [[div. A], title X, §1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.)

P RIOR P ROVISIONS
A prior section 3509, added Pub. L. 96–511, §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 collect

ing information, submission to Director, and his ap

proval, prior to the general amendment of this chapter by Pub. L. 96–511.

A MENDMENTS
2000—Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’.

E FFECTIVE D ATE OF 2000 A MENDMENT
Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of Pub. L. 106–398, set out as an Effective Date note under section 3531 of this title.


### § 3510. Cooperation of agencies in making infor

mation available
(a) The Director may direct an agency to make available to another agency, or an agency may make available to another agency, informa

tion obtained by a collection of information if the disclosure is not inconsistent with applica

ble 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 agen

cy 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 agen

cy 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 dis

closure of information as if the information had been collected directly by that agency.
(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 180.)

P RIOR P ROVISIONS
A prior section 3510, added Pub. L. 96–511, §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.


### § 3511. Establishment and operation of Govern

ment Information Locator Service
(a) In order to assist agencies and the public in locating information and to promote informa

tion sharing and equitable access by the public, the Director shall—

### Page 137 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3513

(1) cause to be established and maintained a distributed agency-based electronic Govern

ment 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 serv

ice as a component of, and to support the es

tablishment 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 commit

tee to advise the Secretary of Commerce on the development of technical standards for the Service to ensure compatibility, promote in

formation 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 dis

closed to the public is disclosed through the Service; and (6) periodically review the development and effectiveness of the Service and make recom

mendations 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.).
(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 180.)

R EFERENCES IN T EXT
The Central Intelligence Agency Information Act, re

ferred to in subsec. (b), is Pub. L. 98–477, Oct. 15, 1984, 98 Stat. 2209, which is classified principally to sub

chapter V (§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 Amend

ment note set out under section 401 of Title 50 and Tables.

P RIOR P ROVISIONS
A prior section 3511, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2822; amended Pub. L. 99–500, §101(m) [title VIII, §818], Oct. 18, 1986, 100 Stat. 1783–308, 1783–339, and Pub. L. 99–591, §101(m) [title VIII, §818], Oct. 30, 1986, 100 Stat. 3341–308, 3341–339, related to es

tablishment 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.


### § 3512. Public protection

(a) Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of infor

mation 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 appli

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

P RIOR P ROVISIONS
A prior section 3512, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2822, related to protection of persons failing to maintain or provide information if informa

tion 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, §409(b), Nov. 16, 1973, 87 Stat. 593, related to infor

mation for independent regulatory agencies, prior to the general amendment of this chapter by Pub. L. 96–511.

A MENDMENTS
2000—Subsec. (a). Pub. L. 106–398 substituted ‘‘sub

chapter’’ for ‘‘chapter’’ in introductory provisions and par. (1).

E FFECTIVE D ATE OF 2000 A MENDMENT
Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of Pub. L. 106–398, set out as an Effective Date note under section 3531 of this title.


### § 3513. Director review of agency activities; re

porting; agency response

(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 Direc

tor shall periodically review selected agency in

formation 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 writ

ten plan to the Director describing steps (includ

ing milestones) to— (1) be taken to address information re

sources management problems identified in the report; and (2) improve agency performance and the ac

complishment of agency missions.
(c) C OMPARABLE 

### T REATMENT 

### .—Notwithstand

ing any other provision of law, the Director shall treat or review a rule or order prescribed or proposed by the Director of the Bureau of Consumer Financial Protection on the same terms and conditions as apply to any rule or order prescribed or proposed by the Board of Governors of the Federal Reserve System.
(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 181; amended Pub. L. 111–203, title X, §1100D(b), July 21, 2010, 124 Stat. 2111.)

### Page 138 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3514

P RIOR P ROVISIONS A prior section 3513, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2822; amended Pub. L. 98–497, title I, §107(b)(27), Oct. 19, 1984, 98 Stat. 2291, related to peri

odic 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.

A MENDMENTS 2010—Subsec. (c). Pub. L. 111–203 added subsec. (c).

E FFECTIVE D ATE OF 2010 A MENDMENT Amendment by Pub. L. 111–203 effective on the des

ignated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.


### § 3514. Responsiveness to Congress
(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 nec

essary. (2) The Director shall include in any such re

port a description of the extent to which agen

cies 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 sub

chapter and of any rules, guidelines, poli

cies, and procedures issued pursuant to this subchapter; (iii) a list of any increase in the collection of information burden, including the author

ity 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 statu

tory responsibilities of those agencies that precluded that reduction, and recommenda

tions to assist those agencies to reduce in

formation collection burdens in accordance with that section;
(B) improved the quality and utility of sta

tistical 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 re

sults reported by the agencies and shall not in

crease the collection of information burden on persons outside the Federal Government.
(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 181; amended Pub. L. 106–398, §1 [[div. A], title X, §1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.)

P RIOR P ROVISIONS
A prior section 3514, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2823, and Pub. L. 99–500, §101(m) [title VIII, §819], Oct. 18, 1986, 100 Stat. 1783–308, 1783–339, and Pub. L. 99–591, §101(m) [title VIII, §819], Oct. 30, 1986, 100 Stat. 3341–308, 3341–339, related to requirement that Di

rector keep Congress fully informed prior to the gen

eral amendment of this chapter by Pub. L. 104–13.

A MENDMENTS 2000—Subsec. (a)(1)(A), (2)(A)(ii). Pub. L. 106–398 sub

stituted ‘‘subchapter’’ for ‘‘chapter’’ wherever appear

ing.

E FFECTIVE D ATE OF 2000 A MENDMENT Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of Pub. L. 106–398, set out as an Effective Date note under section 3531 of this title.

T ERMINATION OF R EPORTING R EQUIREMENTS 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 sub

sec. (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.


### § 3515. Administrative powers
Upon the request of the Director, each agency (other than an independent regulatory agency) shall, to the extent practicable, make its serv

ices, personnel, and facilities available to the Director for the performance of functions under this subchapter.
(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 182; amended Pub. L. 106–398, §1 [[div. A], title X, §1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.)

P RIOR P ROVISIONS A prior section 3515, added Pub. L. 96–511, §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.

A MENDMENTS 2000—Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’.

E FFECTIVE D ATE OF 2000 A MENDMENT Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of Pub. L. 106–398, set out as an Effective Date note under section 3531 of this title.


### § 3516. Rules and regulations
The Director shall promulgate rules, regula

tions, or procedures necessary to exercise the authority provided by this subchapter.
(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 182; amended Pub. L. 106–398, §1 [[div. A], title X, §1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.)

P RIOR P ROVISIONS A prior section 3516, added Pub. L. 96–511, §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.

A MENDMENTS 2000—Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’.

E FFECTIVE D ATE OF 2000 A MENDMENT Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of

### Page 139 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3518

1 See References in Text note below. Pub. L. 106–398, set out as an Effective Date note under section 3531 of this title.

P OLICY AND P ROCEDURAL G UIDELINES
Pub. L. 106–554, §1(a)(3) [title V, §515], Dec. 21, 2000, 114 Stat. 2763, 2763A–153, provided that: ‘‘(a) I N G ENERAL .—The Director of the Office of Man

agement and Budget shall, by not later than September 30, 2001, and with public and Federal agency involve

ment, 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 informa

tion) 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 Pa

perwork Reduction Act. ‘‘(b) C ONTENT OF G UIDELINES .—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 in

formation (including statistical information) dis

seminated by the agency, by not later than 1 year after the date of issuance of the guidelines under subsection (a); ‘‘(B) establish administrative mechanisms allow

ing affected persons to seek and obtain correction of information maintained and disseminated by the agency that does not comply with the guidelines is

sued under subsection (a); and ‘‘(C) report periodically to the Director— ‘‘(i) the number and nature of complaints re

ceived by the agency regarding the accuracy of information disseminated by the agency; and ‘‘(ii) how such complaints were handled by the agency.’’


### § 3517. Consultation with other agencies and the public

(a) In developing information resources man

agement policies, plans, rules, regulations, pro

cedures, and guidelines and in reviewing collec

tions of information, the Director shall provide interested agencies and persons early and mean

ingful opportunity to comment. (b) Any person may request the Director to re

view any collection of information conducted by or for an agency to determine, if, under this sub

chapter, a person shall maintain, provide, or dis

close the information to or for the agency. Un

less 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 no

tice of such extension; and (2) take appropriate remedial action, if nec

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

P RIOR P ROVISIONS
A prior section 3517, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2824, related to consultation with other agencies and the public prior to the general amend

ment of this chapter by Pub. L. 104–13. A MENDMENTS
2000—Subsec. (b). Pub. L. 106–398 substituted ‘‘sub

chapter’’ for ‘‘chapter’’ in introductory provisions.

E FFECTIVE D ATE OF 2000 A MENDMENT
Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of Pub. L. 106–398, set out as an Effective Date note under section 3531 of this title.


### § 3518. Effect on existing laws and regulations

(a) Except as otherwise provided in this sub

chapter, the authority of an agency under any other law to prescribe policies, rules, regula

tions, and procedures for Federal information resources management activities is subject to the authority of the Director under this sub

chapter. (b) Nothing in this subchapter shall be deemed to affect or reduce the authority of the Sec

retary of Commerce or the Director of the Office of Management and Budget pursuant to Reorga

nization Plan No. 1 of 1977 (as amended) and Ex

ecutive order, relating to telecommunications and information policy, procurement and man

agement of telecommunications and informa

tion 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 investiga

tion involving an agency against specific in

dividuals 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 activi

ties 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 communica

tions security activities.
(2) This subchapter applies to the collection of information during the conduct of general inves

tigations (other than information collected in an antitrust investigation to the extent pro

vided in subparagraph (C) of paragraph (1)) undertaken with reference to a category of indi

viduals or entities such as a class of licensees or an entire industry. (d) Nothing in this subchapter shall be inter

preted 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 inter

preted 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 sub

-

### Page 140 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3519

stantive policies and programs of departments, agencies and offices, including the substantive authority of any Federal agency to enforce the civil rights laws. (Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 183; amended Pub. L. 104–106, div. E, title LI, §5131(e)(2), Feb. 10, 1996, 110 Stat. 688; Pub. L. 105–85, div. A, title X, §1073(h)(5)(C), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 106–398, §1 [[div. A], title X, §1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275; Pub. L. 107–217, §3( l )(7), Aug. 21, 2002, 116 Stat. 1302.)

R EFERENCES IN T EXT Reorganization Plan No. 1 of 1977, referred to in sub

sec. (b), is set out in the Appendix to Title 5, Govern

ment 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 sub

sec. (c)(1)(C), is Pub. L. 87–664, Sept. 19, 1962, 76 Stat. 548, as amended, which is classified generally to chap

ter 34 (§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 Improve

ments 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, §1005(a)(1), Nov. 25, 2002, 116 Stat. 2272, and Pub. L. 107–347, title III, §305(a), Dec. 17, 2002, 116 Stat. 2960.

P RIOR P ROVISIONS A prior section 3518, added Pub. L. 96–511, §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.

A MENDMENTS 2002—Subsec. (d). Pub. L. 107–217 substituted ‘‘sec

tions 11331 and 11332 of title 40’’ for ‘‘section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and the Com

puter 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 ‘‘ClingerCohen 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 Re

form 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’’.

E FFECTIVE D ATE OF 2000 A MENDMENT Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of Pub. L. 106–398, set out as an Effective Date note under section 3531 of this title.

E FFECTIVE D ATE OF 1996 A MENDMENT 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.



### § 3519. Access to information
Under the conditions and procedures pre

scribed in section 716 of title 31, the Director and personnel in the Office of Information and Regu

latory Affairs shall furnish such information as the Comptroller General may require for the dis

charge of the responsibilities of the Comptroller General. For the purpose of obtaining such in

formation, the Comptroller General or rep

resentatives thereof shall have access to all books, documents, papers and records, regard

less of form or format, of the Office.
(Added Pub. L. 104–13, §2, May 22, 1995, 109 Stat. 183.)

P RIOR P ROVISIONS
A prior section 3519, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2825; amended Pub. L. 97–258, §3(m)(3), Sept. 13, 1982, 96 Stat. 1066, related to access to informa

tion prior to the general amendment of this chapter by Pub. L. 104–13.



### § 3520. Establishment of task force on informa

tion collection and dissemination

(a) There is established a task force to study the feasibility of streamlining requirements with respect to small business concerns regard

ing collection of information and strengthening dissemination of information (in this section re

ferred to as the ‘‘task force’’). (b)(1) The Director shall determine— (A) subject to the minimum requirements under paragraph (2), the number of representa

tives to be designated under each subpara

graph 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 applica

ble 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 De

partment of Labor, including 1 representative of the Bureau of Labor Statistics and 1 rep

resentative of the Occupational Safety and Health Administration; (C) not less than 1 representative of the En

vironmental Protection Agency; (D) not less than 1 representative of the De

partment of Transportation; (E) not less than 1 representative of the Of

fice of Advocacy of the Small Business Admin

istration; (F) not less than 1 representative of the In

ternal Revenue Service; (G) not less than 2 representatives of the De

partment of Health and Human Services, in

cluding 1 representative of the Centers for Medicare and Medicaid Services; (H) not less than 1 representative of the De

partment of Agriculture; (I) not less than 1 representative of the De

partment of the Interior; (J) not less than 1 representative of the Gen

eral 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

### Page 141 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3520

programs and examine the feasibility and de

sirability of requiring each agency to consoli

date requirements regarding collections of in

formation with respect to small business con

cerns within and across agencies, without neg

atively impacting the effectiveness of underly

ing laws and regulations regarding such col

lections of information, in order that each small business concern may submit all infor

mation 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 infor

mation submissions having the same fre

quency, such as synchronized quarterly, semiannual, and annual reporting dates;
(2) examine the feasibility and benefits to small businesses of publishing a list by the Di

rector of the collections of information appli

cable 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 Classi

fication 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 busi

ness concerns are expected to comply;
(3) examine the savings, including cost sav

ings, and develop recommendations for imple

menting— (A) systems for electronic submissions of information to the Federal Government; and (B) interactive reporting systems, includ

ing components that provide immediate feedback to assure that data being submit

ted— (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 col

lected under Federal requirements; (5) recommend a plan for the development of an interactive Governmentwide system, avail

able through the Internet, to allow each small business to— (A) better understand which Federal re

quirements regarding collection of informa

tion (and, when possible, which other Fed

eral regulatory requirements) apply to that particular business; and (B) more easily comply with those Federal requirements; and
(6) in carrying out this section, consider op

portunities for the coordination— (A) of Federal and State reporting require

ments; and (B) among the points of contact described under section 3506(i), such as to enable agen

cies to provide small business concerns with contacts for information collection require

ments 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 in

clusion of— (A) any additional or dissenting views of task force members; and (B) a summary of significant public com

ments.
(e) Not later than 1 year after the date of en

actment 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 Af

fairs 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 Reg

ulatory 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 en

actment 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 Af

fairs 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 Reg

ulatory 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 com

pletion 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).
(Added Pub. L. 107–198, §3(a)(2), June 28, 2002, 116 Stat. 730.)

R EFERENCES IN T EXT
The date of enactment of the Small Business Paper

work 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.

P RIOR P ROVISIONS
A prior section 3520 was renumbered section 3521 of this title. Another prior section 3520, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2825; amended Pub. L. 99–500, §101(m) [title VIII, §820], Oct. 18, 1986, 100 Stat. 1783–308, 1783–340, and Pub. L. 99–591, §101(m) [title VIII, §820], Oct. 30, 1986, 100 Stat. 3341–308, 3341–340, related to au

thorization of appropriations prior to the general amendment of this chapter by Pub. L. 104–13.

C HANGE OF N AME

Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Gov

-

### Page 142 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3521

ernmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Con

gress, Oct. 9, 2004. Committee on Government Reform of House of Rep

resentatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.


### § 3521. Authorization of appropriations

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

A MENDMENTS

2002—Pub. L. 107–198 renumbered section 3520 of this title as this section. 2000—Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’.

E FFECTIVE D ATE OF 2000 A MENDMENT
Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of Pub. L. 106–398, set out as an Effective Date note under section 3531 of this title.

E FFECTIVE D ATE
Section effective May 22, 1995, see section 4 of Pub. L. 104–13, set out as a note under section 3501 of this title.



### SUBCHAPTER II—INFORMATION SECURITY

A PPLICABILITY OF 

### S UBCHAPTER 

### This subchapter not to apply while sub

chapter III of this chapter is in effect, see sec

tion 3549 of this title.

A MENDMENTS
2002—Pub. L. 107–296, title X, §1001(b)(1), Nov. 25, 2002, 116 Stat. 2259, reenacted subchapter heading without change.


### § 3531. Purposes

The purposes of this subchapter are to— (1) provide a comprehensive framework for ensuring the effectiveness of information secu

rity 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 man

agement and oversight of the related informa

tion security risks, including coordination of information security efforts throughout the civilian, national security, and law enforce

ment communities; (3) provide for development and maintenance of minimum controls required to protect Fed

eral information and information systems; (4) provide a mechanism for improved over

sight of Federal agency information security
programs; (5) acknowledge that commercially devel

oped information security products offer ad

vanced, dynamic, robust, and effective infor

mation security solutions, reflecting market solutions for the protection of critical infor

mation infrastructures important to the na

tional 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. (Added Pub. L. 107–296, title X, §1001(b)(1), Nov. 25, 2002, 116 Stat. 2259.)

A PPLICABILITY OF 

### S ECTION 

### This section not to apply while subchapter III of this chapter is in effect, see section 3549 of this title.

P RIOR P ROVISIONS A prior section 3531, added Pub. L. 106–398, §1 [[div. A], title X, §1061], Oct. 30, 2000, 114 Stat. 1654, 1654A–266, set forth purposes of this subchapter prior to the gen

eral amendment of this subchapter by Pub. L. 107–296.

E FFECTIVE D ATE Subchapter effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as a note under sec

tion 101 of Title 6, Domestic Security. Pub. L. 106–398, §1 [[div. A], title X, §1065], Oct. 30, 2000, 114 Stat. 1654, 1654A–275, which provided that sub

title G (§§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 for

merly set out as a note below , would take effect 30 days after Oct. 30, 2000, was repealed by Pub. L. 107–296, title X, §1005(b), Nov. 25, 2002, 116 Stat. 2272.

R ESPONSIBILITIES OF C ERTAIN A GENCIES Pub. L. 106–398, §1 [[div. A], title X, §1062], Oct. 30, 2000, 114 Stat. 1654, 1654A–272, which set forth respon

sibilities of Department of Commerce, Department of Defense, Intelligence Community, Department of Jus

tice, General Services Administration, and Office of Personnel Management relating to development, issu

ance, review, and updating of information security policies, principles, standards, and guidelines, includ

ing assessment of training and personnel needs, was re

pealed by Pub. L. 107–296, title X, §1005(b), Nov. 25, 2002, 116 Stat. 2272, and Pub. L. 107–347, title III, §305(b), Dec. 17, 2002, 116 Stat. 2960.



### § 3532. Definitions
(a) I N 

### G ENERAL 

### .—Except as provided under subsection (b), the definitions under section 3502 shall apply to this subchapter. (b) A DDITIONAL 

### D EFINITIONS 

### .—As used in this subchapter— (1) the term ‘‘information security’’ means protecting information and information sys

tems from unauthorized access, use, disclo

sure, disruption, modification, or destruction in order to provide— (A) integrity, which means guarding against improper information modification or destruction, and includes ensuring infor

mation nonrepudiation and authenticity; (B) confidentiality, which means preserv

ing authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary informa

tion; (C) availability, which means ensuring timely and reliable access to and use of in

formation; and