### §3601. Definitions

In this chapter, the definitions under section 3502 shall apply, and the term—

(1) "Administrator" means the Administrator of the Office of Electronic Government established under section 3602;

(2) "Council" means the Chief Information Officers Council established under section 3603;

(3) "electronic Government" means the use by the Government of web-based Internet applications and other information technologies, combined with processes that implement these technologies, to—

(A) enhance the access to and delivery of Government information and services to the public, other agencies, and other Government entities; or

(B) bring about improvements in Government operations that may include effectiveness, efficiency, service quality, or transformation;

(4) "enterprise architecture"—

(A) means—

(i) a strategic information asset base, which defines the mission;

(ii) the information necessary to perform the mission;

(iii) the technologies necessary to perform the mission; and

(iv) the transitional processes for implementing new technologies in response to changing mission needs; and

(B) includes—

(i) a baseline architecture;

(ii) a target architecture; and

(iii) a sequencing plan;

(5) "Fund" means the E-Government Fund established under section 3604;

(6) "interoperability" means the ability of different operating and software systems, applications, and services to communicate and exchange data in an accurate, effective, and consistent manner;

(7) "integrated service delivery" means the provision of Internet-based Federal Government information or services integrated according to function or topic rather than separated according to the boundaries of agency jurisdiction; and

(8) "tribal government" means—

(A) the governing body of any Indian tribe, band, nation, or other organized group or community located in the continental United States (excluding the State of Alaska) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, and

(B) any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

(Added Pub. L. 107–347, title I, §101(a), Dec. 17, 2002, 116 Stat. 2901.)

#### **Editorial Notes**

#### References in Text

The Alaska Native Claims Settlement Act, referred to in par. (8)(B), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Pub. L. 107–347, title IV, §402(a), Dec. 17, 2002, 116 Stat. 2961, provided that:

"(1) In general.—Except as provided under paragraph (2), titles I [enacting this chapter, section 507 of Title 31, Money and Finance, and section 305 of Title 40, Public Buildings, Property, and Works, and amending section 503 of Title 31] and II [enacting chapter 37 of Title 5, Government Organization and Employees, section 2332 of Title 10, Armed Forces, and section 266a of Title 41, Public Contracts, amending sections 3111, 4108, and 7353 of Title 5, sections 207, 209, and 1905 of Title 18, Crimes and Criminal Procedure, sections 502, 11501 to 11505 of Title 40, and section 423 of Title 41, repealing section 11521 of Title 40, directing the renumbering of section 11522 of Title 40 as section 11521, enacting provisions set out as notes under section 3501 of this title, and amending provisions set out as notes under section 8432 of Title 5 and section 1913 of Title 28, Judiciary and Judicial Procedure] and the amendments made by such titles shall take effect 120 days after the date of enactment of this Act [Dec. 17, 2002].

"(2) Immediate enactment.—Sections 207, 214, and 215 [set out in a note under section 3501 of this title] shall take effect on the date of enactment of this Act [Dec. 17, 2002]."

#### Federal Data Center Consolidation Initiative

Pub. L. 118–31, div. E, title LIII, §5302(a), Dec. 22, 2023, 137 Stat. 940, provided that:

"(a) Findings.—Congress finds the following:

"(1) The statutory authorization for the Federal Data Center Optimization Initiative under section 834 of the Carl Levin and Howard P. 'Buck' McKeon National Defense Authorization Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113–291) [set out below] expired at the end of fiscal year 2022.

"(2) The expiration of the authorization described in paragraph (1) presents Congress with an opportunity to review the objectives of the Federal Data Center Optimization Initiative to ensure that the initiative is meeting the current needs of the Federal Government.

"(3) The initial focus of the Federal Data Center Optimization Initiative, which was to consolidate data centers and create new efficiencies, has resulted in, since 2010—

"(A) the consolidation of more than 6,000 Federal data centers; and

"(B) cost savings and avoidance of $5,800,000,000.

"(4) The need of the Federal Government for access to data and data processing systems has evolved since the date of enactment in 2014 of subtitle D of title VIII of the Carl Levin and Howard P. 'Buck' McKeon National Defense Authorization Act for Fiscal Year 2015 [Pub. L. 113–291, approved Dec. 19, 2014].

"(5) Federal agencies and employees involved in mission critical functions increasingly need reliable access to secure, reliable, and protected facilities to house mission critical data and data operations to meet the immediate needs of the people of the United States.

"(6) As of the date of enactment of this title [Dec. 22, 2023], there is a growing need for Federal agencies to use data centers and cloud applications that meet high standards for cybersecurity, resiliency, and availability."

Pub. L. 118–31, div. E, title LIII, §5302(d), Dec. 22, 2023, 137 Stat. 943, provided that: "Not later than 1 year after the date of the enactment of this title [Dec. 22, 2023], and annually thereafter, the Comptroller General of the United States shall review, verify, and audit the compliance of covered agencies with the minimum requirements established pursuant to section 834(b)(1) of the Carl Levin and Howard P. 'Buck' McKeon National Defense Authorization Act for Fiscal Year 2015 (44 U.S.C. 3601 note; Public Law 113–291) [set out below] for new data centers and subsection (b)(3) of that section for existing data centers, as appropriate."

Pub. L. 113–291, div. A, title VIII, §834, Dec. 19, 2014, 128 Stat. 3444, as amended by Pub. L. 115–88, §4, Nov. 21, 2017, 131 Stat. 1278; Pub. L. 115–91, div. A, §819(c), Dec. 12, 2017, 131 Stat. 1464; Pub. L. 116–92, div. A, title VIII, §824, Dec. 20, 2019, 133 Stat. 1491; Pub. L. 118–31, div. E, title LIII, §5302(b), (c), Dec. 22, 2023, 137 Stat. 941, 943, provided that:

"(a) Definitions.—In this section:

"(1) Administrator.—The term 'Administrator' means the Administrator of the Office of Electronic Government established under section 3602 of title 44, United States Code (and also known as the Office of E-Government and Information Technology), within the Office of Management and Budget.

"(2) Covered agency.—The term 'covered agency' means the following (including all associated components of the agency):

"(A) Department of Agriculture.

"(B) Department of Commerce.

"(C) Department of Defense.

"(D) Department of Education.

"(E) Department of Energy.

"(F) Department of Health and Human Services.

"(G) Department of Homeland Security.

"(H) Department of Housing and Urban Development.

"(I) Department of the Interior.

"(J) Department of Justice.

"(K) Department of Labor.

"(L) Department of State.

"(M) Department of Transportation.

"(N) Department of Treasury.

"(O) Department of Veterans Affairs.

"(P) Environmental Protection Agency.

"(Q) General Services Administration.

"(R) National Aeronautics and Space Administration.

"(S) National Science Foundation.

"(T) Nuclear Regulatory Commission.

"(U) Office of Personnel Management.

"(V) Small Business Administration.

"(W) Social Security Administration.

"(X) United States Agency for International Development.

"(3) New data center.—The term 'new data center' means—

"(A)(i) a data center or a portion thereof that is owned, operated, or maintained by a covered agency; or

"(ii) to the extent practicable, a data center or portion thereof—

"(I) that is owned, operated, or maintained by a contractor on behalf of a covered agency on the date on which the contract between the covered agency and the contractor expires; and

"(II) with respect to which the covered agency extends the contract, or enters into a new contract, with the contractor; and

"(B) on or after the date that is 180 days after the date of enactment of the Federal Data Center Enhancement Act of 2023 [title LIII of div. E of Pub. L. 118–31, approved Dec. 22, 2023], a data center or portion thereof that is—

"(i) established; or

"(ii) substantially upgraded or expanded.

"(b) Minimum Requirements for New Data Centers.—

"(1) In general.—Not later than 180 days after the date of enactment of the Federal Data Center Enhancement Act of 2023 [title LIII of div. E of Pub. L. 118–31, approved Dec. 22, 2023], the Administrator shall establish minimum requirements for new data centers in consultation with the Administrator of General Services and the Federal Chief Information Officers Council.

"(2) Contents.—

"(A) In general.—The minimum requirements established under paragraph (1) shall include requirements relating to—

"(i) the availability of new data centers;

"(ii) the use of new data centers, including costs related to the facility, energy consumption, and related infrastructure;

"(iii) uptime percentage;

"(iv) protections against power failures, including on-site energy generation and access to multiple transmission paths;

"(v) protections against physical intrusions and natural disasters;

"(vi) information security protections required by subchapter II of chapter 35 of title 44, United States Code, and other applicable law and policy; and

"(vii) any other requirements the Administrator determines appropriate.

"(B) Consultation.—In establishing the requirements described in subparagraph (A)(vi), the Administrator shall consult with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director.

"(3) Incorporation of minimum requirements into current data centers.—As soon as practicable, and in any case not later than 90 days after the Administrator establishes the minimum requirements pursuant to paragraph (1), the Administrator shall issue guidance to ensure, as appropriate, that covered agencies incorporate the minimum requirements established under that paragraph into the operations of any data center of a covered agency existing as of the date of enactment of the Federal Data Center Enhancement Act of 2023.

"(4) Review of requirements.—The Administrator, in consultation with the Administrator of General Services and the Federal Chief Information Officers Council, shall review, update, and modify the minimum requirements established under paragraph (1), as necessary.

"(5) Report on new data centers.—During the development and planning lifecycle of a new data center, if the head of a covered agency determines that the covered agency is likely to make a management or financial decision relating to any data center, the head of the covered agency shall—

"(A) notify—

"(i) the Administrator;

"(ii) [the] Committee on Homeland Security and Governmental Affairs of the Senate; and

"(iii) [the] Committee on Oversight and Accountability of the House of Representatives; and

"(B) describe in the notification with sufficient detail how the covered agency intends to comply with the minimum requirements established under paragraph (1).

"(6) Use of technology.—In determining whether to establish or continue to operate an existing data center, the head of a covered agency shall—

"(A) regularly assess the application portfolio of the covered agency and ensure that each at-risk legacy application is updated, replaced, or modernized, as appropriate, to take advantage of modern technologies; and

"(B) prioritize and, to the greatest extent possible, leverage commercial data center solutions, including hybrid cloud, multi-cloud, co-location, interconnection, or cloud computing (as defined in section 3607 of this Chapter [probably means chapter 36 of Title 44, United States Code]) rather than acquiring, overseeing, or managing custom data center infrastructure.

"(7) Public website.—

"(A) In general.—The Administrator shall maintain a public-facing website that includes information, data, and explanatory statements relating to the compliance of covered agencies with the requirements of this section.

"(B) Processes and procedures.—In maintaining the website described in subparagraph (A), the Administrator shall—

"(i) ensure covered agencies regularly, and not less frequently than biannually, update the information, data, and explanatory statements posed on the website, pursuant to guidance issued by the Administrator, relating to any new data centers and, as appropriate, each existing data center of the covered agency; and

"(ii) ensure that all information, data, and explanatory statements on the website are maintained as open Government data assets.

"(c) Ensuring Cybersecurity Standards for Data Center Consolidation and Cloud Computing.—

"(1) In general.—The head of a covered agency shall oversee and manage the data center portfolio and the information technology strategy of the covered agency in accordance with Federal cybersecurity guidelines and directives, including—

"(A) information security standards and guidelines promulgated by the Director of the National Institute of Standards and Technology;

"(B) applicable requirements and guidance issued by the Director of the Office of Management and Budget pursuant to section 3614 of title 44, United States Code; and

"(C) directives issued by the Secretary of Homeland Security under section 3553 of title 44, United States Code.

"(2) Rule of construction.—Nothing in this section shall be construed to limit the ability of the Director of the Office of Management and Budget to update or modify the Federal guidelines on cloud computing security.

"(d) Waiver of Requirements.—The Director of National Intelligence and the Secretary of Defense, or their respective designee, may waive the applicability to any national security system, as defined in [former] section 3542 of title 44, United States Code, [see 44 U.S.C. 3552] of any provision of this section if the Director of National Intelligence or the Secretary of Defense, or their respective designee, determines that such waiver is in the interest of national security. Not later than 30 days after making a waiver under this subsection, the Director of National Intelligence or the Secretary of Defense, or their respective designee, shall submit to the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate and the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] and the Permanent Select Committee on Intelligence of the House of Representatives a statement describing the waiver and the reasons for the waiver.

"(e) Sunset.—This section is repealed effective on October 1, 2026."

[Amendment by section 5302(c) of Pub. L. 118–31, which substituted "2026" for "2022" in the date of repeal in section 834(e) of Pub. L. 113–291, set out above, was executed as directed to reflect the probable intent of Congress, even though the amendment was enacted on Dec. 22, 2023, after the repeal had taken effect.]

[Pub. L. 115–88 and Pub. L. 115–91 amended section 834(e) of Pub. L. 113–291, set out above, identically by striking "2018" and inserting "2020".]

#### E-Government Initiatives Funding

Pub. L. 110–161, div. D, title VII, §737, Dec. 26, 2007, 121 Stat. 2028, provided that:

"(a) For fiscal year 2008, no funds shall be available for transfers or reimbursements to the E-Government initiatives sponsored by the Office of Management and Budget prior to 15 days following submission of a report to the Committees on Appropriations by the Director of the Office of Management and Budget and receipt of approval to transfer funds by the House and Senate Committees on Appropriations.

"(b) Hereafter, any funding request for a new or ongoing E-Government initiative by any agency or agencies managing the development of an initiative shall include in justification materials submitted to the House and Senate Committees on Appropriations the information in subsection (d).

"(c) Hereafter, any funding request by any agency or agencies participating in the development of an E-Government initiative and contributing funding for the initiative shall include in justification materials submitted to the House and Senate Committees on Appropriations—

"(1) the amount of funding contributed to each initiative by program office, bureau, or activity, as appropriate; and

"(2) the relevance of that use to that department or agency and each bureau or office within, which is contributing funds.

"(d) The report in (a) and justification materials in (b) shall include at a minimum—

"(1) a description of each initiative including but not limited to its objectives, benefits, development status, risks, cost effectiveness (including estimated net costs or savings to the government), and the estimated date of full operational capability;

"(2) the total development cost of each initiative by fiscal year including costs to date, the estimated costs to complete its development to full operational capability, and estimated annual operations and maintenance costs; and

"(3) the sources and distribution of funding by fiscal year and by agency and bureau for each initiative including agency contributions to date and estimated future contributions by agency.

"(e) No funds shall be available for obligation or expenditure for new E-Government initiatives without the explicit approval of the House and Senate Committees on Appropriations."

[Provisions similar to subsecs. (a), (d), and (e) of section 737 of Pub. L. 110–161, set out above, were contained in sections of subsequent appropriations acts which are not set out in the Code.]

#### Findings and Purposes

Pub. L. 107–347, §2, Dec. 17, 2002, 116 Stat. 2900, provided that:

"(a) Findings.—Congress finds the following:

"(1) The use of computers and the Internet is rapidly transforming societal interactions and the relationships among citizens, private businesses, and the Government.

"(2) The Federal Government has had uneven success in applying advances in information technology to enhance governmental functions and services, achieve more efficient performance, increase access to Government information, and increase citizen participation in Government.

"(3) Most Internet-based services of the Federal Government are developed and presented separately, according to the jurisdictional boundaries of an individual department or agency, rather than being integrated cooperatively according to function or topic.

"(4) Internet-based Government services involving interagency cooperation are especially difficult to develop and promote, in part because of a lack of sufficient funding mechanisms to support such interagency cooperation.

"(5) Electronic Government has its impact through improved Government performance and outcomes within and across agencies.

"(6) Electronic Government is a critical element in the management of Government, to be implemented as part of a management framework that also addresses finance, procurement, human capital, and other challenges to improve the performance of Government.

"(7) To take full advantage of the improved Government performance that can be achieved through the use of Internet-based technology requires strong leadership, better organization, improved interagency collaboration, and more focused oversight of agency compliance with statutes related to information resource management.

"(b) Purposes.—The purposes of this Act [see Tables for classification] are the following:

"(1) To provide effective leadership of Federal Government efforts to develop and promote electronic Government services and processes by establishing an Administrator of a new Office of Electronic Government within the Office of Management and Budget.

"(2) To promote use of the Internet and other information technologies to provide increased opportunities for citizen participation in Government.

"(3) To promote interagency collaboration in providing electronic Government services, where this collaboration would improve the service to citizens by integrating related functions, and in the use of internal electronic Government processes, where this collaboration would improve the efficiency and effectiveness of the processes.

"(4) To improve the ability of the Government to achieve agency missions and program performance goals.

"(5) To promote the use of the Internet and emerging technologies within and across Government agencies to provide citizen-centric Government information and services.

"(6) To reduce costs and burdens for businesses and other Government entities.

"(7) To promote better informed decisionmaking by policy makers.

"(8) To promote access to high quality Government information and services across multiple channels.

"(9) To make the Federal Government more transparent and accountable.

"(10) To transform agency operations by utilizing, where appropriate, best practices from public and private sector organizations.

"(11) To provide enhanced access to Government information and services in a manner consistent with laws regarding protection of personal privacy, national security, records retention, access for persons with disabilities, and other relevant laws."

#### **Executive Documents**

#### Building a 21st Century Digital Government

Memorandum of President of the United States, May 23, 2012, 77 F.R. 32391, provided:

Memorandum for the Heads of Executive Departments and Agencies

The innovative use of technology is fundamentally transforming how the American people do business and live their daily lives. Exponential increases in computing power, the rise of high-speed networks, and the growing mobile revolution have put the Internet at our fingertips, encouraging innovations that are giving rise to new industries and reshaping existing ones.

Innovators in the private sector and the Federal Government have used these technological advances to fundamentally change how they serve their customers. However, it is time for the Federal Government to do more. For far too long, the American people have been forced to navigate a labyrinth of information across different Government programs in order to find the services they need. In addition, at a time when Americans increasingly pay bills and buy tickets on mobile devices, Government services often are not optimized for smartphones or tablets, assuming the services are even available online.

On April 27, 2011, I issued Executive Order 13571 (Streamlining Service Delivery and Improving Customer Service), requiring executive departments and agencies (agencies) to, among other things, identify ways to use innovative technologies to streamline their delivery of services to lower costs, decrease service delivery times, and improve the customer experience. As the next step toward modernizing the way Government works, I charged my Federal Chief Information Officer (CIO) with developing a comprehensive Government-wide strategy to build a 21st century digital Government that delivers better digital services to the American people.

Today, the CIO is releasing that strategy, entitled "Digital Government: Building a 21st Century Platform to Better Serve the American People" (Strategy), which provides agencies with a 12-month roadmap that focuses on several priority areas. The Strategy will enable more efficient and coordinated digital service delivery by requiring agencies to establish specific, measurable goals for delivering better digital services; encouraging agencies to deliver information in new ways that fully utilize the power and potential of mobile and web-based technologies; ensuring the safe and secure delivery and use of digital services to protect information and privacy; requiring agencies to establish central online resources for outside developers and to adopt new standards for making applicable Government information open and machine-readable by default; aggregating agencies' online resource pages for developers in a centralized catalogue on www.Data.gov; and requiring agencies to use web performance analytics and customer satisfaction measurement tools on all ".gov" websites.

Ultimately, this Strategy will ensure that agencies use emerging technologies to serve the public as effectively as possible. As a Government, and as a trusted provider of services, we must never forget who our customers are—the American people.

In order to ensure that agencies make the best use of emerging technologies in serving the public, I hereby direct each agency to take the following actions:

(1) implement the requirements of the Strategy within 12 months of the date of this memorandum and comply with the timeframes for specific actions specified therein; and

(2) within 90 days of the date of this memorandum, create a page on its website, located at www.[agency].gov/digitalstrategy, to publicly report progress in meeting the requirements of the Strategy in a machine-readable format.

This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations, and with appropriate protections for privacy and civil liberties.

The Director of the Office of Management and Budget is authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.