Legislación
US (United States) Code. Title 44. Chapter 35: Coordination of Federal Information Policy
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44 USC CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION
POLICY 01/06/03
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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
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CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
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SUBCHAPTER I - FEDERAL INFORMATION POLICY
Sec.
3501. Purposes.
3502. Definitions.
3503. Office of Information and Regulatory Affairs.
3504. Authority and functions of Director.
3505. Assignment of tasks and deadlines.
3506. Federal agency responsibilities.
3507. Public information collection activities; submission
to Director; approval and delegation.
3508. Determination of necessity for information; hearing.
3509. Designation of central collection agency.
3510. Cooperation of agencies in making information
available.
3511. Establishment and operation of Government Information
Locator Service.
3512. Public protection.
3513. Director review of agency activities; reporting;
agency response.
3514. Responsiveness to Congress.
3515. Administrative powers.
3516. Rules and regulations.
3517. Consultation with other agencies and the public.
3518. Effect on existing laws and regulations.
3519. Access to information.
3520. Establishment of task force on information collection
and dissemination.
3521. Authorization of appropriations.
SUBCHAPTER II - INFORMATION SECURITY
3531. Purposes.
3532. Definitions.
3533. Authority and functions of the Director.
3534. Federal agency responsibilities.
3535. Annual independent evaluation.
3536. National security systems.
3537. Authorization of appropriations.
3538. Effect on existing law.
SUBCHAPTER III - INFORMATION SECURITY
3541. Purposes.
3542. Definitions.
3543. Authority and functions of the Director.
3544. Federal agency responsibilities.
3545. Annual independent evaluation.
3546. Federal information security incident center.
3547. National security systems.
3548. Authorization of appropriations.
3549. Effect on existing law.
AMENDMENTS
2002 - Pub. L. 107-347, title III, Sec. 301(b)(2), Dec. 17, 2002,
116 Stat. 2955, added heading for subchapter III and items 3541 to
3549.
Pub. L. 107-296, title X, Sec. 1001(b)(2), Nov. 25, 2002, 116
Stat. 2267, reenacted items 3531 to 3535 without change,
substituted "National security systems" for "Expiration" in item
3536, and added items 3537 and 3538.
Pub. L. 107-198, Sec. 3(b), June 28, 2002, 116 Stat. 732, added
item 3520 and renumbered former item 3520 as 3521.
2000 - Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.
1064(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275, inserted
subchapters I and II headings and added items 3531 to 3536.
1995 - Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 163,
amended chapter heading and analysis generally.
1980 - Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat. 2812,
substituted in chapter heading "INFORMATION POLICY" for "REPORTING
SERVICES", and amended analysis generally.
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CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 3602 of this title; title
5 section 552; title 7 sections 7281, 7991; title 8 section 1753;
title 10 section 2223; title 16 sections 1379, 1855; title 19
section 1330; title 20 section 9573; title 22 section 3145; title
29 section 49l-2; title 31 section 3811; title 38 section 310;
title 40 sections 11301, 11311, 11315; title 41 section 421; title
42 sections 1396r-8, 6924, 6992i, 7661f; title 49 sections 5107,
5108, 60108.
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44 USC SUBCHAPTER I - FEDERAL INFORMATION POLICY 01/06/03
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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
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SUBCHAPTER I - FEDERAL INFORMATION POLICY
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AMENDMENTS
2000 - Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.
1064(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275, inserted
subchapter heading.
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SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 3534, 3538, 3544, 3549
of this title; title 10 section 503.
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44 USC Sec. 3501 01/06/03
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TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
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Sec. 3501. Purposes
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The purposes of this subchapter are to -
(1) minimize the paperwork burden for individuals, small
businesses, educational and nonprofit institutions, Federal
contractors, State, local and tribal governments, and other
persons resulting from the collection of information by or for
the Federal Government;
(2) ensure the greatest possible public benefit from and
maximize the utility of information created, collected,
maintained, used, shared and disseminated by or for the Federal
Government;
(3) coordinate, integrate, and to the extent practicable and
appropriate, make uniform Federal information resources
management policies and practices as a means to improve the
productivity, efficiency, and effectiveness of Government
programs, including the reduction of information collection
burdens on the public and the improvement of service delivery to
the public;
(4) improve the quality and use of Federal information to
strengthen decisionmaking, accountability, and openness in
Government and society;
(5) minimize the cost to the Federal Government of the
creation, collection, maintenance, use, dissemination, and
disposition of information;
(6) strengthen the partnership between the Federal Government
and State, local, and tribal governments by minimizing the burden
and maximizing the utility of information created, collected,
maintained, used, disseminated, and retained by or for the
Federal Government;
(7) provide for the dissemination of public information on a
timely basis, on equitable terms, and in a manner that promotes
the utility of the information to the public and makes effective
use of information technology;
(8) ensure that the creation, collection, maintenance, use,
dissemination, and disposition of information by or for the
Federal Government is consistent with applicable laws, including
laws relating to -
(A) privacy and confidentiality, including section 552a of
title 5;
(B) security of information, including section 11332 of title
40 (!1); and
(C) access to information, including section 552 of title 5;
(9) ensure the integrity, quality, and utility of the Federal
statistical system;
(10) ensure that information technology is acquired, used, and
managed to improve performance of agency missions, including the
reduction of information collection burdens on the public; and
(11) improve the responsibility and accountability of the
Office of Management and Budget and all other Federal agencies to
Congress and to the public for implementing the information
collection review process, information resources management, and
related policies and guidelines established under this
subchapter.
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(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 163; amended
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
2000, 114 Stat. 1654, 1654A-275; Pub. L. 107-217, Sec. 3(l)(3),
Aug. 21, 2002, 116 Stat. 1301.)
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REFERENCES IN TEXT
Section 11332 of title 40, referred to in par. (8)(B), was
repealed by Pub. L. 107-296, title X, Sec. 1005(a)(1), Nov. 25,
2002, 116 Stat. 2272, and Pub. L. 107-347, title III, Sec. 305(a),
Dec. 17, 2002, 116 Stat. 2960.
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PRIOR PROVISIONS
A prior section 3501, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2812; amended Pub. L. 99-500, Sec. 101(m) [title
VIII, Sec. 811], Oct. 18, 1986, 100 Stat. 1783-308, 1783-335, and
Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 811], Oct. 30, 1986,
100 Stat. 3341-308, 3341-335, related to purposes of this chapter
prior to the general amendment of this chapter by Pub. L. 104-13.
Another prior section 3501, Pub. L. 90-620, Oct. 22, 1968, 82
Stat. 1302, related to information for Federal agencies, prior to
the general amendment of this chapter by Pub. L. 96-511.
AMENDMENTS
2002 - Par. (8)(B). Pub. L. 107-217 substituted "section 11332 of
title 40" for "the Computer Security Act of 1987 (Public Law
100-235)".
2000 - Pub. L. 106-398 substituted "subchapter" for "chapter" in
introductory provisions and in par. (11).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L.
106-398, set out as an Effective Date note under section 3531 of
this title.
EFFECTIVE DATE
Section 4 of Pub. L. 104-13 provided that:
"(a) In General. - Except as otherwise provided in this section,
this Act [enacting this chapter, amending section 91 of Title 13,
Census, and enacting provisions set out as a note under section 101
of this title] and the amendments made by this Act shall take
effect on October 1, 1995.
"(b) Authorization of Appropriations. - Section 3520 [now 3521]
of title 44, United States Code, as amended by this Act, shall take
effect on the date of enactment of this Act [May 22, 1995].
"(c) Delayed Application. - In the case of a collection of
information for which there is in effect on September 30, 1995, a
control number issued by the Office of Management and Budget under
chapter 35 of title 44, United States Code -
"(1) the amendments made by this Act [enacting this chapter and
amending section 91 of Title 13] shall apply to the collection of
information beginning on the earlier of -
"(A) the first renewal or modification of that collection of
information after September 30, 1995; or
"(B) the expiration of its control number after September 30,
1995.
"(2) prior to such renewal, modification, or expiration, the
collection of information shall be subject to chapter 35 of title
44, United States Code, as in effect on September 30, 1995."
SHORT TITLE
This chapter is popularly known as the "Paperwork Reduction Act".
FEDERAL MANAGEMENT AND PROMOTION OF ELECTRONIC GOVERNMENT SERVICES
Pub. L. 107-347, title II, Dec. 17, 2002, 116 Stat. 2910,
provided that:
"SEC. 201. DEFINITIONS.
"Except as otherwise provided, in this title the definitions
under sections 3502 and 3601 of title 44, United States Code, shall
apply.
"SEC. 202. FEDERAL AGENCY RESPONSIBILITIES.
"(a) In General. - The head of each agency shall be responsible
for -
"(1) complying with the requirements of this Act [see Tables
for classification] (including the amendments made by this Act),
the related information resource management policies and guidance
established by the Director of the Office of Management and
Budget, and the related information technology standards
promulgated by the Secretary of Commerce;
"(2) ensuring that the information resource management policies
and guidance established under this Act by the Director, and the
related information technology standards promulgated by the
Secretary of Commerce are communicated promptly and effectively
to all relevant officials within their agency; and
"(3) supporting the efforts of the Director and the
Administrator of the General Services Administration to develop,
maintain, and promote an integrated Internet-based system of
delivering Federal Government information and services to the
public under section 204.
"(b) Performance Integration. -
"(1) Agencies shall develop performance measures that
demonstrate how electronic government enables progress toward
agency objectives, strategic goals, and statutory mandates.
"(2) In measuring performance under this section, agencies
shall rely on existing data collections to the extent
practicable.
"(3) Areas of performance measurement that agencies should
consider include -
"(A) customer service;
"(B) agency productivity; and
"(C) adoption of innovative information technology, including
the appropriate use of commercial best practices.
"(4) Agencies shall link their performance goals, as
appropriate, to key groups, including citizens, businesses, and
other governments, and to internal Federal Government operations.
"(5) As appropriate, agencies shall work collectively in
linking their performance goals to groups identified under
paragraph (4) and shall use information technology in delivering
Government information and services to those groups.
"(c) Avoiding Diminished Access. - When promulgating policies and
implementing programs regarding the provision of Government
information and services over the Internet, agency heads shall
consider the impact on persons without access to the Internet, and
shall, to the extent practicable -
"(1) ensure that the availability of Government information and
services has not been diminished for individuals who lack access
to the Internet; and
"(2) pursue alternate modes of delivery that make Government
information and services more accessible to individuals who do
not own computers or lack access to the Internet.
"(d) Accessibility to People With Disabilities. - All actions
taken by Federal departments and agencies under this Act [see
Tables for classification] shall be in compliance with section 508
of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
"(e) Sponsored Activities. - Agencies shall sponsor activities
that use information technology to engage the public in the
development and implementation of policies and programs.
"(f) Chief Information Officers. - The Chief Information Officer
of each of the agencies designated under chapter 36 of title 44,
United States Code (as added by this Act) shall be responsible for
-
"(1) participating in the functions of the Chief Information
Officers Council; and
"(2) monitoring the implementation, within their respective
agencies, of information technology standards promulgated by the
Secretary of Commerce, including common standards for
interconnectivity and interoperability, categorization of Federal
Government electronic information, and computer system efficiency
and security.
"(g) E-Government Status Report. -
"(1) In general. - Each agency shall compile and submit to the
Director an annual E-Government Status Report on -
"(A) the status of the implementation by the agency of
electronic government initiatives;
"(B) compliance by the agency with this Act [see Tables for
classification]; and
"(C) how electronic Government initiatives of the agency
improve performance in delivering programs to constituencies.
"(2) Submission. - Each agency shall submit an annual report
under this subsection -
"(A) to the Director at such time and in such manner as the
Director requires;
"(B) consistent with related reporting requirements; and
"(C) which addresses any section in this title relevant to
that agency.
"(h) Use of Technology. - Nothing in this Act [see Tables for
classification] supersedes the responsibility of an agency to use
or manage information technology to deliver Government information
and services that fulfill the statutory mission and programs of the
agency.
"(i) National Security Systems. -
"(1) Inapplicability. - Except as provided under paragraph (2),
this title does not apply to national security systems as defined
in section 11103 of title 40, United States Code.
"(2) Applicability. - This section, section 203, and section
214 do apply to national security systems to the extent
practicable and consistent with law.
"SEC. 203. COMPATIBILITY OF EXECUTIVE AGENCY METHODS FOR USE AND
ACCEPTANCE OF ELECTRONIC SIGNATURES.
"(a) Purpose. - The purpose of this section is to achieve
interoperable implementation of electronic signatures for
appropriately secure electronic transactions with Government.
"(b) Electronic Signatures. - In order to fulfill the objectives
of the Government Paperwork Elimination Act (Public Law 105-277;
112 Stat. 2681-749 through 2681-751) [44 U.S.C. 3504 note], each
Executive agency (as defined under section 105 of title 5, United
States Code) shall ensure that its methods for use and acceptance
of electronic signatures are compatible with the relevant policies
and procedures issued by the Director.
"(c) Authority for Electronic Signatures. - The Administrator of
General Services shall support the Director by establishing a
framework to allow efficient interoperability among Executive
agencies when using electronic signatures, including processing of
digital signatures.
"(d) Authorization of Appropriations. - There are authorized to
be appropriated to the General Services Administration, to ensure
the development and operation of a Federal bridge certification
authority for digital signature compatibility, and for other
activities consistent with this section, $8,000,000 or such sums as
are necessary in fiscal year 2003, and such sums as are necessary
for each fiscal year thereafter.
"SEC. 204. FEDERAL INTERNET PORTAL.
"(a) In General. -
"(1) Public access. - The Director shall work with the
Administrator of the General Services Administration and other
agencies to maintain and promote an integrated Internet-based
system of providing the public with access to Government
information and services.
"(2) Criteria. - To the extent practicable, the integrated
system shall be designed and operated according to the following
criteria:
"(A) The provision of Internet-based Government information
and services directed to key groups, including citizens,
business, and other governments, and integrated according to
function or topic rather than separated according to the
boundaries of agency jurisdiction.
"(B) An ongoing effort to ensure that Internet-based
Government services relevant to a given citizen activity are
available from a single point.
"(C) Access to Federal Government information and services
consolidated, as appropriate, with Internet-based information
and services provided by State, local, and tribal governments.
"(D) Access to Federal Government information held by 1 or
more agencies shall be made available in a manner that protects
privacy, consistent with law.
"(b) Authorization of Appropriations. - There are authorized to
be appropriated to the General Services Administration $15,000,000
for the maintenance, improvement, and promotion of the integrated
Internet-based system for fiscal year 2003, and such sums as are
necessary for fiscal years 2004 through 2007.
"SEC. 205. FEDERAL COURTS.
"(a) Individual Court Websites. - The Chief Justice of the United
States, the chief judge of each circuit and district and of the
Court of Federal Claims, and the chief bankruptcy judge of each
district shall cause to be established and maintained, for the
court of which the judge is chief justice or judge, a website that
contains the following information or links to websites with the
following information:
"(1) Location and contact information for the courthouse,
including the telephone numbers and contact names for the clerk's
office and justices' or judges' chambers.
"(2) Local rules and standing or general orders of the court.
"(3) Individual rules, if in existence, of each justice or
judge in that court.
"(4) Access to docket information for each case.
"(5) Access to the substance of all written opinions issued by
the court, regardless of whether such opinions are to be
published in the official court reporter, in a text searchable
format.
"(6) Access to documents filed with the courthouse in
electronic form, to the extent provided under subsection (c).
"(7) Any other information (including forms in a format that
can be downloaded) that the court determines useful to the
public.
"(b) Maintenance of Data Online. -
"(1) Update of information. - The information and rules on each
website shall be updated regularly and kept reasonably current.
"(2) Closed cases. - Electronic files and docket information
for cases closed for more than 1 year are not required to be made
available online, except all written opinions with a date of
issuance after the effective date of this section [see Effective
Date note set out under section 3601 of this title] shall remain
available online.
"(c) Electronic Filings. -
"(1) In general. - Except as provided under paragraph (2) or in
the rules prescribed under paragraph (3), each court shall make
any document that is filed electronically publicly available
online. A court may convert any document that is filed in paper
form to electronic form. To the extent such conversions are made,
all such electronic versions of the document shall be made
available online.
"(2) Exceptions. - Documents that are filed that are not
otherwise available to the public, such as documents filed under
seal, shall not be made available online.
"(3) Privacy and security concerns. - (A)(i) The Supreme Court
shall prescribe rules, in accordance with sections 2072 and 2075
of title 28, United States Code, to protect privacy and security
concerns relating to electronic filing of documents and the
public availability under this subsection of documents filed
electronically.
"(ii) Such rules shall provide to the extent practicable for
uniform treatment of privacy and security issues throughout the
Federal courts.
"(iii) Such rules shall take into consideration best practices
in Federal and State courts to protect private information or
otherwise maintain necessary information security.
"(iv) To the extent that such rules provide for the redaction
of certain categories of information in order to protect privacy
and security concerns, such rules shall provide that a party that
wishes to file an otherwise proper document containing such
information may file an unredacted document under seal, which
shall be retained by the court as part of the record, and which,
at the discretion of the court and subject to any applicable
rules issued in accordance with chapter 131 of title 28, United
States Code, shall be either in lieu of, or in addition, to, a
redacted copy in the public file.
"(B)(i) Subject to clause (ii), the Judicial Conference of the
United States may issue interim rules, and interpretive
statements relating to the application of such rules, which
conform to the requirements of this paragraph and which shall
cease to have effect upon the effective date of the rules
required under subparagraph (A).
"(ii) Pending issuance of the rules required under subparagraph
(A), any rule or order of any court, or of the Judicial
Conference, providing for the redaction of certain categories of
information in order to protect privacy and security concerns
arising from electronic filing shall comply with, and be
construed in conformity with, subparagraph (A)(iv).
"(C) Not later than 1 year after the rules prescribed under
subparagraph (A) take effect, and every 2 years thereafter, the
Judicial Conference shall submit to Congress a report on the
adequacy of those rules to protect privacy and security.
"(d) Dockets With Links to Documents. - The Judicial Conference
of the United States shall explore the feasibility of technology to
post online dockets with links allowing all filings, decisions, and
rulings in each case to be obtained from the docket sheet of that
case.
"(e) Cost of Providing Electronic Docketing Information. -
[Amended section 303(a) of Pub. L. 102-140, set out as a note under
section 1913 of Title 28, Judiciary and Judicial Procedure.]
"(f) Time Requirements. - Not later than 2 years after the
effective date of this title [see Effective Date note set out under
section 3601 of this title], the websites under subsection (a)
shall be established, except that access to documents filed in
electronic form shall be established not later than 4 years after
that effective date.
"(g) Deferral. -
"(1) In general. -
"(A) Election. -
"(i) Notification. - The Chief Justice of the United
States, a chief judge, or chief bankruptcy judge may submit a
notification to the Administrative Office of the United
States Courts to defer compliance with any requirement of
this section with respect to the Supreme Court, a court of
appeals, district, or the bankruptcy court of a district.
"(ii) Contents. - A notification submitted under this
subparagraph shall state -
"(I) the reasons for the deferral; and
"(II) the online methods, if any, or any alternative methods,
such court or district is using to provide greater public
access to information.
"(B) Exception. - To the extent that the Supreme Court, a
court of appeals, district, or bankruptcy court of a district
maintains a website under subsection (a), the Supreme Court or
that court of appeals or district shall comply with subsection
(b)(1).
"(2) Report. - Not later than 1 year after the effective date
of this title [see Effective Date note set out under section 3601
of this title], and every year thereafter, the Judicial
Conference of the United States shall submit a report to the
Committees on Governmental Affairs and the Judiciary of the
Senate and the Committees on Government Reform and the Judiciary
of the House of Representatives that -
"(A) contains all notifications submitted to the
Administrative Office of the United States Courts under this
subsection; and
"(B) summarizes and evaluates all notifications.
"SEC. 206. REGULATORY AGENCIES.
"(a) Purposes. - The purposes of this section are to -
"(1) improve performance in the development and issuance of
agency regulations by using information technology to increase
access, accountability, and transparency; and
"(2) enhance public participation in Government by electronic
means, consistent with requirements under subchapter II of
chapter 5 of title 5, United States Code, (commonly referred to
as the 'Administrative Procedures Act').
"(b) Information Provided by Agencies Online. - To the extent
practicable as determined by the agency in consultation with the
Director, each agency (as defined under section 551 of title 5,
United States Code) shall ensure that a publicly accessible Federal
Government website includes all information about that agency
required to be published in the Federal Register under paragraphs
(1) and (2) of section 552(a) of title 5, United States Code.
"(c) Submissions by Electronic Means. - To the extent
practicable, agencies shall accept submissions under section 553(c)
of title 5, United States Code, by electronic means.
"(d) Electronic Docketing. -
"(1) In general. - To the extent practicable, as determined by
the agency in consultation with the Director, agencies shall
ensure that a publicly accessible Federal Government website
contains electronic dockets for rulemakings under section 553 of
title 5, United States Code.
"(2) Information available. - Agency electronic dockets shall
make publicly available online to the extent practicable, as
determined by the agency in consultation with the Director -
"(A) all submissions under section 553(c) of title 5, United
States Code; and
"(B) other materials that by agency rule or practice are
included in the rulemaking docket under section 553(c) of title
5, United States Code, whether or not submitted electronically.
"(e) Time Limitation. - Agencies shall implement the requirements
of this section consistent with a timetable established by the
Director and reported to Congress in the first annual report under
section 3606 of title 44 (as added by this Act).
"SEC. 207. ACCESSIBILITY, USABILITY, AND PRESERVATION OF
GOVERNMENT INFORMATION.
"(a) Purpose. - The purpose of this section is to improve the
methods by which Government information, including information on
the Internet, is organized, preserved, and made accessible to the
public.
"(b) Definitions. - In this section, the term -
"(1) 'Committee' means the Interagency Committee on Government
Information established under subsection (c); and
"(2) 'directory' means a taxonomy of subjects linked to
websites that -
"(A) organizes Government information on the Internet
according to subject matter; and
"(B) may be created with the participation of human editors.
"(c) Interagency Committee. -
"(1) Establishment. - Not later than 180 days after the date of
enactment of this title [Dec. 17, 2002], the Director shall
establish the Interagency Committee on Government Information.
"(2) Membership. - The Committee shall be chaired by the
Director or the designee of the Director and -
"(A) shall include representatives from -
"(i) the National Archives and Records Administration;
"(ii) the offices of the Chief Information Officers from
Federal agencies; and
"(iii) other relevant officers from the executive branch;
and
"(B) may include representatives from the Federal legislative
and judicial branches.
"(3) Functions. - The Committee shall -
"(A) engage in public consultation to the maximum extent
feasible, including consultation with interested communities
such as public advocacy organizations;
"(B) conduct studies and submit recommendations, as provided
under this section, to the Director and Congress; and
"(C) share effective practices for access to, dissemination
of, and retention of Federal information.
"(4) Termination. - The Committee may be terminated on a date
determined by the Director, except the Committee may not
terminate before the Committee submits all recommendations
required under this section.
"(d) Categorizing of Information. -
"(1) Committee functions. - Not later than 2 years after the
date of enactment of this Act [Dec. 17, 2002], the Committee
shall submit recommendations to the Director on -
"(A) the adoption of standards, which are open to the maximum
extent feasible, to enable the organization and categorization
of Government information -
"(i) in a way that is searchable electronically, including
by searchable identifiers; and
"(ii) in ways that are interoperable across agencies;
"(B) the definition of categories of Government information
which should be classified under the standards; and
"(C) determining priorities and developing schedules for the
initial implementation of the standards by agencies.
"(2) Functions of the director. - Not later than 1 year after
the submission of recommendations under paragraph (1), the
Director shall issue policies -
"(A) requiring that agencies use standards, which are open to
the maximum extent feasible, to enable the organization and
categorization of Government information -
"(i) in a way that is searchable electronically, including
by searchable identifiers;
"(ii) in ways that are interoperable across agencies; and
"(iii) that are, as appropriate, consistent with the
provisions under section 3602(f)(8) of title 44, United
States Code;
"(B) defining categories of Government information which
shall be required to be classified under the standards; and
"(C) determining priorities and developing schedules for the
initial implementation of the standards by agencies.
"(3) Modification of policies. - After the submission of agency
reports under paragraph (4), the Director shall modify the
policies, as needed, in consultation with the Committee and
interested parties.
"(4) Agency functions. - Each agency shall report annually to
the Director, in the report established under section 202(g), on
compliance of that agency with the policies issued under
paragraph (2)(A).
"(e) Public Access to Electronic Information. -
"(1) Committee functions. - Not later than 2 years after the
date of enactment of this Act [Dec. 17, 2002], the Committee
shall submit recommendations to the Director and the Archivist of
the United States on -
"(A) the adoption by agencies of policies and procedures to
ensure that chapters 21, 25, 27, 29, and 31 of title 44, United
States Code, are applied effectively and comprehensively to
Government information on the Internet and to other electronic
records; and
"(B) the imposition of timetables for the implementation of
the policies and procedures by agencies.
"(2) Functions of the archivist. - Not later than 1 year after
the submission of recommendations by the Committee under
paragraph (1), the Archivist of the United States shall issue
policies -
"(A) requiring the adoption by agencies of policies and
procedures to ensure that chapters 21, 25, 27, 29, and 31 of
title 44, United States Code, are applied effectively and
comprehensively to Government information on the Internet and
to other electronic records; and
"(B) imposing timetables for the implementation of the
policies, procedures, and technologies by agencies.
"(3) Modification of policies. - After the submission of agency
reports under paragraph (4), the Archivist of the United States
shall modify the policies, as needed, in consultation with the
Committee and interested parties.
"(4) Agency functions. - Each agency shall report annually to
the Director, in the report established under section 202(g), on
compliance of that agency with the policies issued under
paragraph (2)(A).
"(f) Agency Websites. -
"(1) Standards for agency websites. - Not later than 2 years
after the effective date of this title [see Effective Date note
set out under section 3601 of this title], the Director shall
promulgate guidance for agency websites that includes -
"(A) requirements that websites include direct links to -
"(i) descriptions of the mission and statutory authority of
the agency;
"(ii) information made available to the public under
subsections (a)(1) and (b) of section 552 of title 5, United
States Code (commonly referred to as the 'Freedom of
Information Act');
"(iii) information about the organizational structure of
the agency; and
"(iv) the strategic plan of the agency developed under
section 306 of title 5, United States Code; and
"(B) minimum agency goals to assist public users to navigate
agency websites, including -
"(i) speed of retrieval of search results;
"(ii) the relevance of the results;
"(iii) tools to aggregate and disaggregate data; and
"(iv) security protocols to protect information.
"(2) Agency requirements. - (A) Not later than 2 years after
the date of enactment of this Act [Dec. 17, 2002], each agency
shall -
"(i) consult with the Committee and solicit public comment;
"(ii) establish a process for determining which Government
information the agency intends to make available and accessible
to the public on the Internet and by other means;
"(iii) develop priorities and schedules for making Government
information available and accessible;
"(iv) make such final determinations, priorities, and
schedules available for public comment;
"(v) post such final determinations, priorities, and
schedules on the Internet; and
"(vi) submit such final determinations, priorities, and
schedules to the Director, in the report established under
section 202(g).
"(B) Each agency shall update determinations, priorities, and
schedules of the agency, as needed, after consulting with the
Committee and soliciting public comment, if appropriate.
"(3) Public domain directory of public federal government
websites. -
"(A) Establishment. - Not later than 2 years after the
effective date of this title [see Effective Date note set out
under section 3601 of this title], the Director and each agency
shall -
"(i) develop and establish a public domain directory of
public Federal Government websites; and
"(ii) post the directory on the Internet with a link to the
integrated Internet-based system established under section
204.
"(B) Development. - With the assistance of each agency, the
Director shall -
"(i) direct the development of the directory through a
collaborative effort, including input from -
"(I) agency librarians;
"(II) information technology managers;
"(III) program managers;
"(IV) records managers;
"(V) Federal depository librarians; and
"(VI) other interested parties; and
"(ii) develop a public domain taxonomy of subjects used to
review and categorize public Federal Government websites.
"(C) Update. - With the assistance of each agency, the
Administrator of the Office of Electronic Government shall -
"(i) update the directory as necessary, but not less than
every 6 months; and
"(ii) solicit interested persons for improvements to the
directory.
"(g) Access to Federally Funded Research and Development. -
"(1) Development and maintenance of governmentwide repository
and website. -
"(A) Repository and website. - The Director of the Office of
Management and Budget (or the Director's delegate), in
consultation with the Director of the Office of Science and
Technology Policy and other relevant agencies, shall ensure the
development and maintenance of -
"(i) a repository that fully integrates, to the maximum
extent feasible, information about research and development
funded by the Federal Government, and the repository shall -
"(I) include information about research and development funded
by the Federal Government, consistent with any relevant
protections for the information under section 552 of title 5,
United States Code, and performed by -
"(aa) institutions not a part of the Federal Government,
including State, local, and foreign governments; industrial
firms; educational institutions; not-for-profit
organizations; federally funded research and development
centers; and private individuals; and
"(bb) entities of the Federal Government, including
research and development laboratories, centers, and
offices; and
"(II) integrate information about each separate research and
development task or award, including -
"(aa) the dates upon which the task or award is expected
to start and end;
"(bb) a brief summary describing the objective and the
scientific and technical focus of the task or award;
"(cc) the entity or institution performing the task or
award and its contact information;
"(dd) the total amount of Federal funds expected to be
provided to the task or award over its lifetime and the
amount of funds expected to be provided in each fiscal year
in which the work of the task or award is ongoing;
"(ee) any restrictions attached to the task or award that
would prevent the sharing with the general public of any or
all of the information required by this subsection, and the
reasons for such restrictions; and
"(ff) such other information as may be determined to be
appropriate; and
"(ii) 1 or more websites upon which all or part of the
repository of Federal research and development shall be made
available to and searchable by Federal agencies and
non-Federal entities, including the general public, to
facilitate -
"(I) the coordination of Federal research and development
activities;
"(II) collaboration among those conducting Federal research
and development;
"(III) the transfer of technology among Federal agencies and
between Federal agencies and non-Federal entities; and
"(IV) access by policymakers and the public to information
concerning Federal research and development activities.
"(B) Oversight. - The Director of the Office of Management
and Budget shall issue any guidance determined necessary to
ensure that agencies provide all information requested under
this subsection.
"(2) Agency functions. - Any agency that funds Federal research
and development under this subsection shall provide the
information required to populate the repository in the manner
prescribed by the Director of the Office of Management and
Budget.
"(3) Committee functions. - Not later than 18 months after the
date of enactment of this Act [Dec. 17, 2002], working with the
Director of the Office of Science and Technology Policy, and
after consultation with interested parties, the Committee shall
submit recommendations to the Director on -
"(A) policies to improve agency reporting of information for
the repository established under this subsection; and
"(B) policies to improve dissemination of the results of
research performed by Federal agencies and federally funded
research and development centers.
"(4) Functions of the director. - After submission of
recommendations by the Committee under paragraph (3), the
Director shall report on the recommendations of the Committee and
Director to Congress, in the E-Government report under section
3606 of title 44 (as added by this Act).
"(5) Authorization of appropriations. - There are authorized to
be appropriated for the development, maintenance, and operation
of the Governmentwide repository and website under this
subsection -
"(A) $2,000,000 in each of the fiscal years 2003 through
2005; and
"(B) such sums as are necessary in each of the fiscal years
2006 and 2007.
"SEC. 208. PRIVACY PROVISIONS.
"(a) Purpose. - The purpose of this section is to ensure
sufficient protections for the privacy of personal information as
agencies implement citizen-centered electronic Government.
"(b) Privacy Impact Assessments. -
"(1) Responsibilities of agencies. -
"(A) In general. - An agency shall take actions described
under subparagraph (B) before -
"(i) developing or procuring information technology that
collects, maintains, or disseminates information that is in
an identifiable form; or
"(ii) initiating a new collection of information that -
"(I) will be collected, maintained, or disseminated using
information technology; and
"(II) includes any information in an identifiable form
permitting the physical or online contacting of a specific
individual, if identical questions have been posed to, or
identical reporting requirements imposed on, 10 or more
persons, other than agencies, instrumentalities, or employees
of the Federal Government.
"(B) Agency activities. - To the extent required under
subparagraph (A), each agency shall -
"(i) conduct a privacy impact assessment;
"(ii) ensure the review of the privacy impact assessment by
the Chief Information Officer, or equivalent official, as
determined by the head of the agency; and
"(iii) if practicable, after completion of the review under
clause (ii), make the privacy impact assessment publicly
available through the website of the agency, publication in
the Federal Register, or other means.
"(C) Sensitive information. - Subparagraph (B)(iii) may be
modified or waived for security reasons, or to protect
classified, sensitive, or private information contained in an
assessment.
"(D) Copy to director. - Agencies shall provide the Director
with a copy of the privacy impact assessment for each system
for which funding is requested.
"(2) Contents of a privacy impact assessment. -
"(A) In general. - The Director shall issue guidance to
agencies specifying the required contents of a privacy impact
assessment.
"(B) Guidance. - The guidance shall -
"(i) ensure that a privacy impact assessment is
commensurate with the size of the information system being
assessed, the sensitivity of information that is in an
identifiable form in that system, and the risk of harm from
unauthorized release of that information; and
"(ii) require that a privacy impact assessment address -
"(I) what information is to be collected;
"(II) why the information is being collected;
"(III) the intended use of the agency of the information;
"(IV) with whom the information will be shared;
"(V) what notice or opportunities for consent would be
provided to individuals regarding what information is
collected and how that information is shared;
"(VI) how the information will be secured; and
"(VII) whether a system of records is being created under
section 552a of title 5, United States Code, (commonly
referred to as the 'Privacy Act').
"(3) Responsibilities of the director. - The Director shall -
"(A) develop policies and guidelines for agencies on the
conduct of privacy impact assessments;
"(B) oversee the implementation of the privacy impact
assessment process throughout the Government; and
"(C) require agencies to conduct privacy impact assessments
of existing information systems or ongoing collections of
information that is in an identifiable form as the Director
determines appropriate.
"(c) Privacy Protections on Agency Websites. -
"(1) Privacy policies on websites. -
"(A) Guidelines for notices. - The Director shall develop
guidance for privacy notices on agency websites used by the
public.
"(B) Contents. - The guidance shall require that a privacy
notice address, consistent with section 552a of title 5, United
States Code -
"(i) what information is to be collected;
"(ii) why the information is being collected;
"(iii) the intended use of the agency of the information;
"(iv) with whom the information will be shared;
"(v) what notice or opportunities for consent would be
provided to individuals regarding what information is
collected and how that information is shared;
"(vi) how the information will be secured; and
"(vii) the rights of the individual under section 552a of
title 5, United States Code (commonly referred to as the
'Privacy Act'), and other laws relevant to the protection of
the privacy of an individual.
"(2) Privacy policies in machine-readable formats. - The
Director shall issue guidance requiring agencies to translate
privacy policies into a standardized machine-readable format.
"(d) Definition. - In this section, the term 'identifiable form'
means any representation of information that permits the identity
of an individual to whom the information applies to be reasonably
inferred by either direct or indirect means.
"SEC. 209. FEDERAL INFORMATION TECHNOLOGY WORKFORCE DEVELOPMENT.
"(a) Purpose. - The purpose of this section is to improve the
skills of the Federal workforce in using information technology to
deliver Government information and services.
"(b) Workforce Development. -
"(1) In general. - In consultation with the Director of the
Office of Management and Budget, the Chief Information Officers
Council, and the Administrator of General Services, the Director
of the Office of Personnel Management shall -
"(A) analyze, on an ongoing basis, the personnel needs of the
Federal Government related to information technology and
information resource management;
"(B) identify where current information technology and
information resource management training do not satisfy the
personnel needs described in subparagraph (A);
"(C) oversee the development of curricula, training methods,
and training priorities that correspond to the projected
personnel needs of the Federal Government related to
information technology and information resource management; and
"(D) assess the training of Federal employees in information
technology disciplines in order to ensure that the information
resource management needs of the Federal Government are
addressed.
"(2) Information technology training programs. - The head of
each Executive agency, after consultation with the Director of
the Office of Personnel Management, the Chief Information
Officers Council, and the Administrator of General Services,
shall establish and operate information technology training
programs consistent with the requirements of this subsection.
Such programs shall -
"(A) have curricula covering a broad range of information
technology disciplines corresponding to the specific
information technology and information resource management
needs of the agency involved;
"(B) be developed and applied according to rigorous
standards; and
"(C) be designed to maximize efficiency, through the use of
self-paced courses, online courses, on-the-job training, and
the use of remote instructors, wherever such features can be
applied without reducing the effectiveness of the training or
negatively impacting academic standards.
"(3) Governmentwide policies and evaluation. - The Director of
the Office of Personnel Management, in coordination with the
Director of the Office of Management and Budget, shall issue
policies to promote the development of performance standards for
training and uniform implementation of this subsection by
Executive agencies, with due regard for differences in program
requirements among agencies that may be appropriate and warranted
in view of the agency mission. The Director of the Office of
Personnel Management shall evaluate the implementation of the
provisions of this subsection by Executive agencies.
"(4) Chief information officer authorities and
responsibilities. - Subject to the authority, direction, and
control of the head of an Executive agency, the chief information
officer of such agency shall carry out all powers, functions, and
duties of the head of the agency with respect to implementation
of this subsection. The chief information officer shall ensure
that the policies of the agency head established in accordance
with this subsection are implemented throughout the agency.
"(5) Information technology training reporting. - The Director
of the Office of Management and Budget shall ensure that the
heads of Executive agencies collect and maintain standardized
information on the information technology and information
resources management workforce related to the implementation of
this subsection.
"(6) Authority to detail employees to non-Federal employers. -
In carrying out the preceding provisions of this subsection, the
Director of the Office of Personnel Management may provide for a
program under which a Federal employee may be detailed to a
non-Federal employer. The Director of the Office of Personnel
Management shall prescribe regulations for such program,
including the conditions for service and duties as the Director
considers necessary.
"(7) Coordination provision. - An assignment described in
section 3703 of title 5, United States Code, may not be made
unless a program under paragraph (6) is established, and the
assignment is made in accordance with the requirements of such
program.
"(8) Employee participation. - Subject to information resource
management needs and the limitations imposed by resource needs in
other occupational areas, and consistent with their overall
workforce development strategies, agencies shall encourage
employees to participate in occupational information technology
training.
"(9) Authorization of Appropriations. - There are authorized to
be appropriated to the Office of Personnel Management for the
implementation of this subsection, $15,000,000 in fiscal year
2003, and such sums as are necessary for each fiscal year
thereafter.
"(10) Executive agency defined. - For purposes of this
subsection, the term 'Executive agency' has the meaning given the
term 'agency' under section 3701 of title 5, United States Code
(as added by subsection (c)).
"(c) Information Technology Exchange Program. -
"(1) In general. - [Enacted chapter 37 of Title 5, Government
Organization and Employees.]
"(2) Report. - Not later than 4 years after the date of the
enactment of this Act [Dec. 17, 2002], the General Accounting
Office shall prepare and submit to the Committee on Government
Reform of the House of Representatives and the Committee on
Governmental Affairs of the Senate a report on the operation of
chapter 37 of title 5, United States Code (as added by this
subsection). Such report shall include -
"(A) an evaluation of the effectiveness of the program
established by such chapter; and
"(B) a recommendation as to whether such program should be
continued (with or without modification) or allowed to lapse.
"(3) Clerical Amendment. - [Amended analysis for part III of
Title 5.]
"(d) Ethics Provisions. -
"(1) One-year restriction on certain communications. - [Amended
section 207 of Title 18, Crimes and Criminal Procedure.]
"(2) Disclosure of confidential information. - [Amended section
1905 of Title 18.]
"(3) Contract advice. - [Amended section 207 of Title 18.]
"(4) Restriction on disclosure of procurement information. -
[Amended section 423 of Title 41, Public Contracts.]
"(e) Report on Existing Exchange Programs. -
"(1) Exchange program defined. - For purposes of this
subsection, the term 'exchange program' means an executive
exchange program, the program under subchapter VI of chapter 33
of title 5, United States Code, and any other program which
allows for -
"(A) the assignment of employees of the Federal Government to
non-Federal employers;
"(B) the assignment of employees of non-Federal employers to
the Federal Government; or
"(C) both.
"(2) Reporting requirement. - Not later than 1 year after the
date of the enactment of this Act [Dec. 17, 2002], the Office of
Personnel Management shall prepare and submit to the Committee on
Government Reform of the House of Representatives and the
Committee on Governmental Affairs of the Senate a report
identifying all existing exchange programs.
"(3) Specific information. - The report shall, for each such
program, include -
"(A) a brief description of the program, including its size,
eligibility requirements, and terms or conditions for
participation;
"(B) specific citation to the law or other authority under
which the program is established;
"(C) the names of persons to contact for more information,
and how they may be reached; and
"(D) any other information which the Office considers
appropriate.
"(f) Report on the Establishment of a Governmentwide Information
Technology Training Program. -
"(1) In general. - Not later January 1, 2003, the Office of
Personnel Management, in consultation with the Chief Information
Officers Council and the Administrator of General Services, shall
review and submit to the Committee on Government Reform of the
House of Representatives and the Committee on Governmental
Affairs of the Senate a written report on the following:
"(A) The adequacy of any existing information technology
training programs available to Federal employees on a
Governmentwide basis.
"(B)(i) If one or more such programs already exist,
recommendations as to how they might be improved.
"(ii) If no such program yet exists, recommendations as to
how such a program might be designed and established.
"(C) With respect to any recommendations under subparagraph
(B), how the program under chapter 37 of title 5, United States
Code, might be used to help carry them out.
"(2) Cost estimate. - The report shall, for any recommended
program (or improvements) under paragraph (1)(B), include the
estimated costs associated with the implementation and operation
of such program as so established (or estimated difference in
costs of any such program as so improved).
"(g) Technical and Conforming Amendments. -
"(1) Amendments to title 5, united states code. - [Amended
sections 3111, 4108, and 7353 of Title 5.]
"(2) Amendment to title 18, united states code. - [Amended
section 209 of Title 18.]
"(3) Other amendments. - [Amended section 125(c)(1) of Pub. L.
100-238, set out as a note under section 8432 of Title 5.]
"SEC. 210. SHARE-IN-SAVINGS INITIATIVES.
"(a) Defense Contracts. - [Enacted section 2332 of Title 10,
Armed Forces.]
"(b) Other Contracts. - [Enacted section 266a of Title 41.]
"(c) Development of Incentives. - The Director of the Office of
Management and Budget shall, in consultation with the Committee on
Governmental Affairs of the Senate, the Committee on Government
Reform of the House of Representatives, and executive agencies,
develop techniques to permit an executive agency to retain a
portion of the savings (after payment of the contractor's share of
the savings) derived from share-in-savings contracts as funds are
appropriated to the agency in future fiscal years.
"(d) Regulations. - Not later than 270 days after the date of the
enactment of this Act [Dec. 17, 2002], the Federal Acquisition
Regulation shall be revised to implement the provisions enacted by
this section. Such revisions shall -
"(1) provide for the use of competitive procedures in the
selection and award of share-in-savings contracts to -
"(A) ensure the contractor's share of savings reflects the
risk involved and market conditions; and
"(B) otherwise yield greatest value to the government; and
"(2) allow appropriate regulatory flexibility to facilitate the
use of share-in-savings contracts by executive agencies,
including the use of innovative provisions for technology
refreshment and nonstandard Federal Acquisition Regulation
contract clauses.
"(e) Additional Guidance. - The Administrator of General Services
shall -
"(1) identify potential opportunities for the use of
share-in-savings contracts; and
"(2) in consultation with the Director of the Office of
Management and Budget, provide guidance to executive agencies for
determining mutually beneficial savings share ratios and
baselines from which savings may be measured.
"(f) OMB Report to Congress. - In consultation with executive
agencies, the Director of the Office of Management and Budget
shall, not later than 2 years after the date of the enactment of
this Act [Dec. 17, 2002], submit to Congress a report containing -
"(1) a description of the number of share-in-savings contracts
entered into by each executive agency under by [sic] this section
and the amendments made by this section, and, for each contract
identified -
"(A) the information technology acquired;
"(B) the total amount of payments made to the contractor; and
"(C) the total amount of savings or other measurable benefits
realized;
"(2) a description of the ability of agencies to determine the
baseline costs of a project against which savings can be
measured; and
"(3) any recommendations, as the Director deems appropriate,
regarding additional changes in law that may be necessary to
ensure effective use of share-in-savings contracts by executive
agencies.
"(g) GAO Report to Congress. - The Comptroller General shall, not
later than 6 months after the report required under subsection (f)
is submitted to Congress, conduct a review of that report and
submit to Congress a report containing -
"(1) the results of the review;
"(2) an independent assessment by the Comptroller General of
the effectiveness of the use of share-in-savings contracts in
improving the mission-related and administrative processes of the
executive agencies and the achievement of agency missions; and
"(3) a recommendation on whether the authority to enter into
share-in-savings contracts should be continued.
"(h) Repeal of Share-in-Savings Pilot Program. -
"(1) Repeal. - [Repealed section 11521 of Title 40, Public
Buildings, Property, and Works.]
"(2) Conforming amendments to pilot program authority. -
[Amended sections 11501 to 11505 of Title 40.]
"(3) Additional conforming amendments. - [Redesignated 11522 of
Title 40 as 11521 and amended headings and analysis.]
"(i) Definitions. - In this section, the terms 'contractor',
'savings', and 'share-in-savings contract' have the meanings given
those terms in section 317 of the Federal Property and
Administrative Services Act of 1949 [41 U.S.C. 266a] (as added by
subsection (b)).
"SEC. 211. AUTHORIZATION FOR ACQUISITION OF INFORMATION
TECHNOLOGY BY STATE AND LOCAL GOVERNMENTS THROUGH FEDERAL
SUPPLY SCHEDULES.
"(a) Authority To Use Certain Supply Schedules. - [Amended
section 502 of Title 40.]
"(b) Procedures. - Not later than 30 days after the date of the
enactment of this Act [Dec. 17, 2002], the Administrator of General
Services shall establish procedures to implement section 501(c) of
title 40, United States Code (as added by subsection (a)).
"(c) Report. - Not later than December 31, 2004, the
Administrator shall submit to the Committee on Government Reform of
the House of Representatives and the Committee on Governmental
Affairs of the Senate a report on the implementation and effects of
the amendment made by subsection (a).
"SEC. 212. INTEGRATED REPORTING STUDY AND PILOT PROJECTS.
"(a) Purposes. - The purposes of this section are to -
"(1) enhance the interoperability of Federal information
systems;
"(2) assist the public, including the regulated community, in
electronically submitting information to agencies under Federal
requirements, by reducing the burden of duplicate collection and
ensuring the accuracy of submitted information; and
"(3) enable any person to integrate and obtain similar
information held by 1 or more agencies under 1 or more Federal
requirements without violating the privacy rights of an
individual.
"(b) Definitions. - In this section, the term -
"(1) 'agency' means an Executive agency as defined under
section 105 of title 5, United States Code; and
"(2) 'person' means any individual, trust, firm, joint stock
company, corporation (including a government corporation),
partnership, association, State, municipality, commission,
political subdivision of a State, interstate body, or agency or
component of the Federal Government.
"(c) Report. -
"(1) In general. - Not later than 3 years after the date of
enactment of this Act [Dec. 17, 2002], the Director shall oversee
a study, in consultation with agencies, the regulated community,
public interest organizations, and the public, and submit a
report to the Committee on Governmental Affairs of the Senate and
the Committee on Government Reform of the House of
Representatives on progress toward integrating Federal
information systems across agencies.
"(2) Contents. - The report under this section shall -
"(A) address the integration of data elements used in the
electronic collection of information within databases
established under Federal statute without reducing the quality,
accessibility, scope, or utility of the information contained
in each database;
"(B) address the feasibility of developing, or enabling the
development of, software, including Internet-based tools, for
use by reporting persons in assembling, documenting, and
validating the accuracy of information electronically submitted
to agencies under nonvoluntary, statutory, and regulatory
requirements;
"(C) address the feasibility of developing a distributed
information system involving, on a voluntary basis, at least 2
agencies, that -
"(i) provides consistent, dependable, and timely public
access to the information holdings of 1 or more agencies, or
some portion of such holdings, without requiring public users
to know which agency holds the information; and
"(ii) allows the integration of public information held by
the participating agencies;
"(D) address the feasibility of incorporating other elements
related to the purposes of this section at the discretion of
the Director; and
"(E) make any recommendations that the Director deems
appropriate on the use of integrated reporting and information
systems, to reduce the burden on reporting and strengthen
public access to databases within and across agencies.
"(d) Pilot Projects To Encourage Integrated Collection and
Management of Data and Interoperability of Federal Information
Systems. -
"(1) In general. - In order to provide input to the study under
subsection (c), the Director shall designate, in consultation
with agencies, a series of no more than 5 pilot projects that
integrate data elements. The Director shall consult with
agencies, the regulated community, public interest organizations,
and the public on the implementation of the pilot projects.
"(2) Goals of pilot projects. -
"(A) In general. - Each goal described under subparagraph (B)
shall be addressed by at least 1 pilot project each.
"(B) Goals. - The goals under this paragraph are to -
"(i) reduce information collection burdens by eliminating
duplicative data elements within 2 or more reporting
requirements;
"(ii) create interoperability between or among public
databases managed by 2 or more agencies using technologies
and techniques that facilitate public access; and
"(iii) develop, or enable the development of, software to
reduce errors in electronically submitted information.
"(3) Input. - Each pilot project shall seek input from users on
the utility of the pilot project and areas for improvement. To
the extent practicable, the Director shall consult with relevant
agencies and State, tribal, and local governments in carrying out
the report and pilot projects under this section.
"(e) Protections. - The activities authorized under this section
shall afford protections for -
"(1) confidential business information consistent with section
552(b)(4) of title 5, United States Code, and other relevant law;
"(2) personal privacy information under sections 552(b)(6) and
(7)(C) and 552a of title 5, United States Code, and other
relevant law;
"(3) other information consistent with section 552(b)(3) of
title 5, United States Code, and other relevant law; and
"(4) confidential statistical information collected under a
confidentiality pledge, solely for statistical purposes,
consistent with the Office of Management and Budget's Federal
Statistical Confidentiality Order, and other relevant law.
"SEC. 213. COMMUNITY TECHNOLOGY CENTERS.
"(a) Purposes. - The purposes of this section are to -
"(1) study and enhance the effectiveness of community
technology centers, public libraries, and other institutions that
provide computer and Internet access to the public; and
"(2) promote awareness of the availability of on-line
government information and services, to users of community
technology centers, public libraries, and other public facilities
that provide access to computer technology and Internet access to
the public.
"(b) Study and Report. - Not later than 2 years after the
effective date of this title [see Effective Date note set out under
section 3601 of this title], the Administrator shall -
"(1) ensure that a study is conducted to evaluate the best
practices of community technology centers that have received
Federal funds; and
"(2) submit a report on the study to -
"(A) the Committee on Governmental Affairs of the Senate;
"(B) the Committee on Health, Education, Labor, and Pensions
of the Senate;
"(C) the Committee on Government Reform of the House of
Representatives; and
"(D) the Committee on Education and the Workforce of the
House of Representatives.
"(c) Contents. - The report under subsection (b) may consider -
"(1) an evaluation of the best practices being used by
successful community technology centers;
"(2) a strategy for -
"(A) continuing the evaluation of best practices used by
community technology centers; and
"(B) establishing a network to share information and
resources as community technology centers evolve;
"(3) the identification of methods to expand the use of best
practices to assist community technology centers, public
libraries, and other institutions that provide computer and
Internet access to the public;
"(4) a database of all community technology centers that have
received Federal funds, including -
"(A) each center's name, location, services provided,
director, other points of contact, number of individuals
served; and
"(B) other relevant information;
"(5) an analysis of whether community technology centers have
been deployed effectively in urban and rural areas throughout the
Nation; and
"(6) recommendations of how to -
"(A) enhance the development of community technology centers;
and
"(B) establish a network to share information and resources.
"(d) Cooperation. - All agencies that fund community technology
centers shall provide to the Administrator any information and
assistance necessary for the completion of the study and the report
under this section.
"(e) Assistance. -
"(1) In general. - The Administrator, in consultation with the
Secretary of Education, shall work with other relevant Federal
agencies, and other interested persons in the private and
nonprofit sectors to -
"(A) assist in the implementation of recommendations; and
"(B) identify other ways to assist community technology
centers, public libraries, and other institutions that provide
computer and Internet access to the public.
"(2) Types of assistance. - Assistance under this subsection
may include -
"(A) contribution of funds;
"(B) donations of equipment, and training in the use and
maintenance of the equipment; and
"(C) the provision of basic instruction or training material
in computer skills and Internet usage.
"(f) Online Tutorial. -
"(1) In general. - The Administrator, in consultation with the
Secretary of Education, the Director of the Institute of Museum
and Library Services, other relevant agencies, and the public,
shall develop an online tutorial that -
"(A) explains how to access Government information and
services on the Internet; and
"(B) provides a guide to available online resources.
"(2) Distribution. - The Administrator, with assistance from
the Secretary of Education, shall distribute information on the
tutorial to community technology centers, public libraries, and
other institutions that afford Internet access to the public.
"(g) Promotion of Community Technology Centers. - The
Administrator, with assistance from the Department of Education and
in consultation with other agencies and organizations, shall
promote the availability of community technology centers to raise
awareness within each community where such a center is located.
"(h) Authorization of Appropriations. - There are authorized to
be appropriated for the study of best practices at community
technology centers, for the development and dissemination of the
online tutorial, and for the promotion of community technology
centers under this section -
"(1) $2,000,000 in fiscal year 2003;
"(2) $2,000,000 in fiscal year 2004; and
"(3) such sums as are necessary in fiscal years 2005 through
2007.
"SEC. 214. ENHANCING CRISIS MANAGEMENT THROUGH ADVANCED
INFORMATION TECHNOLOGY.
"(a) Purpose. - The purpose of this section is to improve how
information technology is used in coordinating and facilitating
information on disaster preparedness, response, and recovery, while
ensuring the availability of such information across multiple
access channels.
"(b) In General. -
"(1) Study on enhancement of crisis response. - Not later than
90 days after the date of enactment of this Act [Dec. 17, 2002],
the Administrator, in consultation with the Federal Emergency
Management Agency, shall ensure that a study is conducted on
using information technology to enhance crisis preparedness,
response, and consequence management of natural and manmade
disasters.
"(2) Contents. - The study under this subsection shall address
-
"(A) a research and implementation strategy for effective use
of information technology in crisis response and consequence
management, including the more effective use of technologies,
management of information technology research initiatives, and
incorporation of research advances into the information and
communications systems of -
"(i) the Federal Emergency Management Agency; and
"(ii) other Federal, State, and local agencies responsible
for crisis preparedness, response, and consequence
management; and
"(B) opportunities for research and development on enhanced
technologies into areas of potential improvement as determined
during the course of the study.
"(3) Report. - Not later than 2 years after the date on which a
contract is entered into under paragraph (1), the Administrator
shall submit a report on the study, including findings and
recommendations to -
"(A) the Committee on Governmental Affairs of the Senate; and
"(B) the Committee on Government Reform of the House of
Representatives.
"(4) Interagency cooperation. - Other Federal departments and
agencies with responsibility for disaster relief and emergency
assistance shall fully cooperate with the Administrator in
carrying out this section.
"(5) Authorization of appropriations. - There are authorized to
be appropriated for research under this subsection, such sums as
are necessary for fiscal year 2003.
"(c) Pilot Projects. - Based on the results of the research
conducted under subsection (b), the Administrator, in consultation
with the Federal Emergency Management Agency, shall initiate pilot
projects or report to Congress on other activities that further the
goal of maximizing the utility of information technology in
disaster management. The Administrator shall cooperate with other
relevant agencies, and, if appropriate, State, local, and tribal
governments, in initiating such pilot projects.
"SEC. 215. DISPARITIES IN ACCESS TO THE INTERNET.
"(a) Study and Report. -
"(1) Study. - Not later than 90 days after the date of
enactment of this Act [Dec. 17, 2002], the Administrator of
General Services shall request that the National Academy of
Sciences, acting through the National Research Council, enter
into a contract to conduct a study on disparities in Internet
access for online Government services.
"(2) Report. - Not later than 2 years after the date of
enactment of this Act, the Administrator of General Services
shall submit to the Committee on Governmental Affairs of the
Senate and the Committee on Government Reform of the House of
Representatives a final report of the study under this section,
which shall set forth the findings, conclusions, and
recommendations of the National Research Council.
"(b) Contents. - The report under subsection (a) shall include a
study of -
"(1) how disparities in Internet access influence the
effectiveness of online Government services, including a review
of -
"(A) the nature of disparities in Internet access;
"(B) the affordability of Internet service;
"(C) the incidence of disparities among different groups
within the population; and
"(D) changes in the nature of personal and public Internet
access that may alleviate or aggravate effective access to
online Government services;
"(2) how the increase in online Government services is
influencing the disparities in Internet access and how technology
development or diffusion trends may offset such adverse
influences; and
"(3) related societal effects arising from the interplay of
disparities in Internet access and the increase in online
Government services.
"(c) Recommendations. - The report shall include recommendations
on actions to ensure that online Government initiatives shall not
have the unintended result of increasing any deficiency in public
access to Government services.
"(d) Authorization of Appropriations. - There are authorized to
be appropriated $950,000 in fiscal year 2003 to carry out this
section.
"SEC. 216. COMMON PROTOCOLS FOR GEOGRAPHIC INFORMATION SYSTEMS.
"(a) Purposes. - The purposes of this section are to -
"(1) reduce redundant data collection and information; and
"(2) promote collaboration and use of standards for government
geographic information.
"(b) Definition. - In this section, the term 'geographic
information' means information systems that involve locational
data, such as maps or other geospatial information resources.
"(c) In General. -
"(1) Common protocols. - The Administrator, in consultation
with the Secretary of the Interior, working with the Director and
through an interagency group, and working with private sector
experts, State, local, and tribal governments, commercial and
international standards groups, and other interested parties,
shall facilitate the development of common protocols for the
development, acquisition, maintenance, distribution, and
application of geographic information. If practicable, the
Administrator shall incorporate intergovernmental and public
private geographic information partnerships into efforts under
this subsection.
"(2) Interagency group. - The interagency group referred to
under paragraph (1) shall include representatives of the National
Institute of Standards and Technology and other agencies.
"(d) Director. - The Director shall oversee -
"(1) the interagency initiative to develop common protocols;
"(2) the coordination with State, local, and tribal
governments, public private partnerships, and other interested
persons on effective and efficient ways to align geographic
information and develop common protocols; and
"(3) the adoption of common standards relating to the
protocols.
"(e) Common Protocols. - The common protocols shall be designed
to -
"(1) maximize the degree to which unclassified geographic
information from various sources can be made electronically
compatible and accessible; and
"(2) promote the development of interoperable geographic
information systems technologies that shall -
"(A) allow widespread, low-cost use and sharing of geographic
data by Federal agencies, State, local, and tribal governments,
and the public; and
"(B) enable the enhancement of services using geographic
data.
"(f) Authorization of Appropriations. - There are authorized to
be appropriated such sums as are necessary to carry out this
section, for each of the fiscal years 2003 through 2007."
INFORMATION SECURITY RESPONSIBILITIES OF CERTAIN AGENCIES
Pub. L. 107-347, title III, Sec. 301(c)(1)(A), Dec. 17, 2002, 116
Stat. 2955, provided that: "Nothing in this Act [see Tables for
classification] (including any amendment made by this Act) shall
supersede any authority of the Secretary of Defense, the Director
of Central Intelligence, or other agency head, as authorized by law
and as directed by the President, with regard to the operation,
control, or management of national security systems, as defined by
section 3542(b)(2) of title 44, United States Code."
ATOMIC ENERGY ACT OF 1954
Pub. L. 107-347, title III, Sec. 301(c)(2), Dec. 17, 2002, 116
Stat. 2955, provided that: "Nothing in this Act [see Tables for
classification] shall supersede any requirement made by or under
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted
data or formerly restricted data shall be handled, protected,
classified, downgraded, and declassified in conformity with the
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.)."
CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL EFFICIENCY
Pub. L. 107-347, title V, Dec. 17, 2002, 116 Stat. 2962, provided
that:
"SEC. 501. SHORT TITLE.
"This title may be cited as the 'Confidential Information
Protection and Statistical Efficiency Act of 2002'.
"SEC. 502. DEFINITIONS.
"As used in this title:
"(1) The term 'agency' means any entity that falls within the
definition of the term 'executive agency' as defined in section
102 of title 31, United States Code, or 'agency', as defined in
section 3502 of title 44, United States Code.
"(2) The term 'agent' means an individual -
"(A)(i) who is an employee of a private organization or a
researcher affiliated with an institution of higher learning
(including a person granted special sworn status by the Bureau
of the Census under section 23(c) of title 13, United States
Code), and with whom a contract or other agreement is executed,
on a temporary basis, by an executive agency to perform
exclusively statistical activities under the control and
supervision of an officer or employee of that agency;
"(ii) who is working under the authority of a government
entity with which a contract or other agreement is executed by
an executive agency to perform exclusively statistical
activities under the control of an officer or employee of that
agency;
"(iii) who is a self-employed researcher, a consultant, a
contractor, or an employee of a contractor, and with whom a
contract or other agreement is executed by an executive agency
to perform a statistical activity under the control of an
officer or employee of that agency; or
"(iv) who is a contractor or an employee of a contractor, and
who is engaged by the agency to design or maintain the systems
for handling or storage of data received under this title; and
"(B) who agrees in writing to comply with all provisions of
law that affect information acquired by that agency.
"(3) The term 'business data' means operating and financial
data and information about businesses, tax-exempt organizations,
and government entities.
"(4) The term 'identifiable form' means any representation of
information that permits the identity of the respondent to whom
the information applies to be reasonably inferred by either
direct or indirect means.
"(5) The term 'nonstatistical purpose' -
"(A) means the use of data in identifiable form for any
purpose that is not a statistical purpose, including any
administrative, regulatory, law enforcement, adjudicatory, or
other purpose that affects the rights, privileges, or benefits
of a particular identifiable respondent; and
"(B) includes the disclosure under section 552 of title 5,
United States Code (popularly known as the Freedom of
Information Act) of data that are acquired for exclusively
statistical purposes under a pledge of confidentiality.
"(6) The term 'respondent' means a person who, or organization
that, is requested or required to supply information to an
agency, is the subject of information requested or required to be
supplied to an agency, or provides that information to an agency.
"(7) The term 'statistical activities' -
"(A) means the collection, compilation, processing, or
analysis of data for the purpose of describing or making
estimates concerning the whole, or relevant groups or
components within, the economy, society, or the natural
environment; and
"(B) includes the development of methods or resources that
support those activities, such as measurement methods, models,
statistical classifications, or sampling frames.
"(8) The term 'statistical agency or unit' means an agency or
organizational unit of the executive branch whose activities are
predominantly the collection, compilation, processing, or
analysis of information for statistical purposes.
"(9) The term 'statistical purpose' -
"(A) means the description, estimation, or analysis of the
characteristics of groups, without identifying the individuals
or organizations that comprise such groups; and
"(B) includes the development, implementation, or maintenance
of methods, technical or administrative procedures, or
information resources that support the purposes described in
subparagraph (A).
"SEC. 503. COORDINATION AND OVERSIGHT OF POLICIES.
"(a) In General. - The Director of the Office of Management and
Budget shall coordinate and oversee the confidentiality and
disclosure policies established by this title. The Director may
promulgate rules or provide other guidance to ensure consistent
interpretation of this title by the affected agencies.
"(b) Agency Rules. - Subject to subsection (c), agencies may
promulgate rules to implement this title. Rules governing
disclosures of information that are authorized by this title shall
be promulgated by the agency that originally collected the
information.
"(c) Review and Approval of Rules. - The Director shall review
any rules proposed by an agency pursuant to this title for
consistency with the provisions of this title and chapter 35 of
title 44, United States Code, and such rules shall be subject to
the approval of the Director.
"(d) Reports. -
"(1) The head of each agency shall provide to the Director of
the Office of Management and Budget such reports and other
information as the Director requests.
"(2) Each Designated Statistical Agency referred to in section
522 shall report annually to the Director of the Office of
Management and Budget, the Committee on Government Reform of the
House of Representatives, and the Committee on Governmental
Affairs of the Senate on the actions it has taken to implement
sections 523 and 524. The report shall include copies of each
written agreement entered into pursuant to section 524(a) for the
applicable year.
"(3) The Director of the Office of Management and Budget shall
include a summary of reports submitted to the Director under
paragraph (2) and actions taken by the Director to advance the
purposes of this title in the annual report to the Congress on
statistical programs prepared under section 3504(e)(2) of title
44, United States Code.
"SEC. 504. EFFECT ON OTHER LAWS.
"(a) Title 44, United States Code. - This title, including
amendments made by this title, does not diminish the authority
under section 3510 of title 44, United States Code, of the Director
of the Office of Management and Budget to direct, and of an agency
to make, disclosures that are not inconsistent with any applicable
law.
"(b) Title 13 and Title 44, United States Code. - This title,
including amendments made by this title, does not diminish the
authority of the Bureau of the Census to provide information in
accordance with sections 8, 16, 301, and 401 of title 13, United
States Code, and section 2108 of title 44, United States Code.
"(c) Title 13, United States Code. - This title, including
amendments made by this title, shall not be construed as
authorizing the disclosure for nonstatistical purposes of
demographic data or information collected by the Census Bureau
pursuant to section 9 of title 13, United States Code.
"(d) Various Energy Statutes. - Data or information acquired by
the Energy Information Administration under a pledge of
confidentiality and designated by the Energy Information
Administration to be used for exclusively statistical purposes
shall not be disclosed in identifiable form for nonstatistical
purposes under -
"(1) section 12, 20, or 59 of the Federal Energy Administration
Act of 1974 (15 U.S.C. 771, 779, 790h);
"(2) section 11 of the Energy Supply and Environmental
Coordination Act of 1974 (15 U.S.C. 796); or
"(3) section 205 or 407 of the Department of the Energy
Organization Act of 1977 (42 U.S.C. 7135, 7177).
"(e) Section 201 of Congressional Budget Act of 1974 [2 U.S.C.
601]. - This title, including amendments made by this title, shall
not be construed to limit any authorities of the Congressional
Budget Office to work (consistent with laws governing the
confidentiality of information the disclosure of which would be a
violation of law) with databases of Designated Statistical Agencies
(as defined in section 522), either separately or, for data that
may be shared pursuant to section 524 of this title or other
authority, jointly in order to improve the general utility of these
databases for the statistical purpose of analyzing pension and
health care financing issues.
"(f) Preemption of State Law. - Nothing in this title shall
preempt applicable State law regarding the confidentiality of data
collected by the States.
"(g) Statutes Regarding False Statements. - Notwithstanding
section 512, information collected by an agency for exclusively
statistical purposes under a pledge of confidentiality may be
provided by the collecting agency to a law enforcement agency for
the prosecution of submissions to the collecting agency of false
statistical information under statutes that authorize criminal
penalties (such as section 221 of title 13, United States Code) or
civil penalties for the provision of false statistical information,
unless such disclosure or use would otherwise be prohibited under
Federal law.
"(h) Construction. - Nothing in this title shall be construed as
restricting or diminishing any confidentiality protections or
penalties for unauthorized disclosure that otherwise apply to data
or information collected for statistical purposes or nonstatistical
purposes, including, but not limited to, section 6103 of the
Internal Revenue Code of 1986 (26 U.S.C. 6103).
"(i) Authority of Congress. - Nothing in this title shall be
construed to affect the authority of the Congress, including its
committees, members, or agents, to obtain data or information for a
statistical purpose, including for oversight of an agency's
statistical activities.
"SUBTITLE A - CONFIDENTIAL INFORMATION PROTECTION
"SEC. 511. FINDINGS AND PURPOSES.
"(a) Findings. - The Congress finds the following:
"(1) Individuals, businesses, and other organizations have
varying degrees of legal protection when providing information to
the agencies for strictly statistical purposes.
"(2) Pledges of confidentiality by agencies provide assurances
to the public that information about individuals or organizations
or provided by individuals or organizations for exclusively
statistical purposes will be held in confidence and will not be
used against such individuals or organizations in any agency
action.
"(3) Protecting the confidentiality interests of individuals or
organizations who provide information under a pledge of
confidentiality for Federal statistical programs serves both the
interests of the public and the needs of society.
"(4) Declining trust of the public in the protection of
information provided under a pledge of confidentiality to the
agencies adversely affects both the accuracy and completeness of
statistical analyses.
"(5) Ensuring that information provided under a pledge of
confidentiality for statistical purposes receives protection is
essential in continuing public cooperation in statistical
programs.
"(b) Purposes. - The purposes of this subtitle are the following:
"(1) To ensure that information supplied by individuals or
organizations to an agency for statistical purposes under a
pledge of confidentiality is used exclusively for statistical
purposes.
"(2) To ensure that individuals or organizations who supply
information under a pledge of confidentiality to agencies for
statistical purposes will neither have that information disclosed
in identifiable form to anyone not authorized by this title nor
have that information used for any purpose other than a
statistical purpose.
"(3) To safeguard the confidentiality of individually
identifiable information acquired under a pledge of
confidentiality for statistical purposes by controlling access
to, and uses made of, such information.
"SEC. 512. LIMITATIONS ON USE AND DISCLOSURE OF DATA AND
INFORMATION.
"(a) Use of Statistical Data or Information. - Data or
information acquired by an agency under a pledge of confidentiality
and for exclusively statistical purposes shall be used by officers,
employees, or agents of the agency exclusively for statistical
purposes.
"(b) Disclosure of Statistical Data or Information. -
"(1) Data or information acquired by an agency under a pledge
of confidentiality for exclusively statistical purposes shall not
be disclosed by an agency in identifiable form, for any use other
than an exclusively statistical purpose, except with the informed
consent of the respondent.
"(2) A disclosure pursuant to paragraph (1) is authorized only
when the head of the agency approves such disclosure and the
disclosure is not prohibited by any other law.
"(3) This section does not restrict or diminish any
confidentiality protections in law that otherwise apply to data
or information acquired by an agency under a pledge of
confidentiality for exclusively statistical purposes.
"(c) Rule for Use of Data or Information for Nonstatistical
Purposes. - A statistical agency or unit shall clearly distinguish
any data or information it collects for nonstatistical purposes (as
authorized by law) and provide notice to the public, before the
data or information is collected, that the data or information
could be used for nonstatistical purposes.
"(d) Designation of Agents. - A statistical agency or unit may
designate agents, by contract or by entering into a special
agreement containing the provisions required under section 502(2)
for treatment as an agent under that section, who may perform
exclusively statistical activities, subject to the limitations and
penalties described in this title.
"SEC. 513. FINES AND PENALTIES.
"Whoever, being an officer, employee, or agent of an agency
acquiring information for exclusively statistical purposes, having
taken and subscribed the oath of office, or having sworn to observe
the limitations imposed by section 512, comes into possession of
such information by reason of his or her being an officer,
employee, or agent and, knowing that the disclosure of the specific
information is prohibited under the provisions of this title,
willfully discloses the information in any manner to a person or
agency not entitled to receive it, shall be guilty of a class E
felony and imprisoned for not more than 5 years, or fined not more
than $250,000, or both.
"SUBTITLE B - STATISTICAL EFFICIENCY
"SEC. 521. FINDINGS AND PURPOSES.
"(a) Findings. - The Congress finds the following:
"(1) Federal statistics are an important source of information
for public and private decision-makers such as policymakers,
consumers, businesses, investors, and workers.
"(2) Federal statistical agencies should continuously seek to
improve their efficiency. Statutory constraints limit the ability
of these agencies to share data and thus to achieve higher
efficiency for Federal statistical programs.
"(3) The quality of Federal statistics depends on the
willingness of businesses to respond to statistical surveys.
Reducing reporting burdens will increase response rates, and
therefore lead to more accurate characterizations of the economy.
"(4) Enhanced sharing of business data among the Bureau of the
Census, the Bureau of Economic Analysis, and the Bureau of Labor
Statistics for exclusively statistical purposes will improve
their ability to track more accurately the large and rapidly
changing nature of United States business. In particular, the
statistical agencies will be able to better ensure that
businesses are consistently classified in appropriate industries,
resolve data anomalies, produce statistical samples that are
consistently adjusted for the entry and exit of new businesses in
a timely manner, and correct faulty reporting errors quickly and
efficiently.
"(5) The Congress enacted the International Investment and
Trade in Services Act of 1990 [probably means the International
Investment and Trade in Services Survey Act, Pub. L. 94-472, as
amended by Pub. L. 101-533, which is classified to 22 U.S.C. 3101
et seq.] that allowed the Bureau of the Census, the Bureau of
Economic Analysis, and the Bureau of Labor Statistics to share
data on foreign-owned companies. The Act not only expanded
detailed industry coverage from 135 industries to over 800
industries with no increase in the data collected from
respondents but also demonstrated how data sharing can result in
the creation of valuable data products.
"(6) With subtitle A of this title, the sharing of business
data among the Bureau of the Census, the Bureau of Economic
Analysis, and the Bureau of Labor Statistics continues to ensure
the highest level of confidentiality for respondents to
statistical surveys.
"(b) Purposes. - The purposes of this subtitle are the following:
"(1) To authorize the sharing of business data among the Bureau
of the Census, the Bureau of Economic Analysis, and the Bureau of
Labor Statistics for exclusively statistical purposes.
"(2) To reduce the paperwork burdens imposed on businesses that
provide requested information to the Federal Government.
"(3) To improve the comparability and accuracy of Federal
economic statistics by allowing the Bureau of the Census, the
Bureau of Economic Analysis, and the Bureau of Labor Statistics
to update sample frames, develop consistent classifications of
establishments and companies into industries, improve coverage,
and reconcile significant differences in data produced by the
three agencies.
"(4) To increase understanding of the United States economy,
especially for key industry and regional statistics, to develop
more accurate measures of the impact of technology on
productivity growth, and to enhance the reliability of the
Nation's most important economic indicators, such as the National
Income and Product Accounts.
"SEC. 522. DESIGNATION OF STATISTICAL AGENCIES.
"For purposes of this subtitle, the term 'Designated Statistical
Agency' means each of the following:
"(1) The Bureau of the Census of the Department of Commerce.
"(2) The Bureau of Economic Analysis of the Department of
Commerce.
"(3) The Bureau of Labor Statistics of the Department of Labor.
"SEC. 523. RESPONSIBILITIES OF DESIGNATED STATISTICAL AGENCIES.
"The head of each of the Designated Statistical Agencies shall -
"(1) identify opportunities to eliminate duplication and
otherwise reduce reporting burden and cost imposed on the public
in providing information for statistical purposes;
"(2) enter into joint statistical projects to improve the
quality and reduce the cost of statistical programs; and
"(3) protect the confidentiality of individually identifiable
information acquired for statistical purposes by adhering to
safeguard principles, including -
"(A) emphasizing to their officers, employees, and agents the
importance of protecting the confidentiality of information in
cases where the identity of individual respondents can
reasonably be inferred by either direct or indirect means;
"(B) training their officers, employees, and agents in their
legal obligations to protect the confidentiality of
individually identifiable information and in the procedures
that must be followed to provide access to such information;
"(C) implementing appropriate measures to assure the physical
and electronic security of confidential data;
"(D) establishing a system of records that identifies
individuals accessing confidential data and the project for
which the data were required; and
"(E) being prepared to document their compliance with
safeguard principles to other agencies authorized by law to
monitor such compliance.
"SEC. 524. SHARING OF BUSINESS DATA AMONG DESIGNATED STATISTICAL
AGENCIES.
"(a) In General. - A Designated Statistical Agency may provide
business data in an identifiable form to another Designated
Statistical Agency under the terms of a written agreement among the
agencies sharing the business data that specifies -
"(1) the business data to be shared;
"(2) the statistical purposes for which the business data are
to be used;
"(3) the officers, employees, and agents authorized to examine
the business data to be shared; and
"(4) appropriate security procedures to safeguard the
confidentiality of the business data.
"(b) Responsibilities of Agencies Under Other Laws. - The
provision of business data by an agency to a Designated Statistical
Agency under this subtitle shall in no way alter the responsibility
of the agency providing the data under other statutes (including
section 552 of title 5, United States Code (popularly known as the
Freedom of Information Act), and section 552b of title 5, United
States Code (popularly known as the Privacy Act of 1974 [Pub. L.
93-579, see Short Title note set out under section 552a of Title 5,
Government Organization and Employees])) with respect to the
provision or withholding of such information by the agency
providing the data.
"(c) Responsibilities of Officers, Employees, and Agents. -
Examination of business data in identifiable form shall be limited
to the officers, employees, and agents authorized to examine the
individual reports in accordance with written agreements pursuant
to this section. Officers, employees, and agents of a Designated
Statistical Agency who receive data pursuant to this subtitle shall
be subject to all provisions of law, including penalties, that
relate -
"(1) to the unlawful provision of the business data that would
apply to the officers, employees, and agents of the agency that
originally obtained the information; and
"(2) to the unlawful disclosure of the business data that would
apply to officers, employees, and agents of the agency that
originally obtained the information.
"(d) Notice. - Whenever a written agreement concerns data that
respondents were required by law to report and the respondents were
not informed that the data could be shared among the Designated
Statistical Agencies, for exclusively statistical purposes, the
terms of such agreement shall be described in a public notice
issued by the agency that intends to provide the data. Such notice
shall allow a minimum of 60 days for public comment.
"SEC. 525. LIMITATIONS ON USE OF BUSINESS DATA PROVIDED BY
DESIGNATED STATISTICAL AGENCIES.
"(a) Use, Generally. - Business data provided by a Designated
Statistical Agency pursuant to this subtitle shall be used
exclusively for statistical purposes.
"(b) Publication. - Publication of business data acquired by a
Designated Statistical Agency shall occur in a manner whereby the
data furnished by any particular respondent are not in identifiable
form.
"SEC. 526. CONFORMING AMENDMENTS.
"(a) Department of Commerce. - [Amended section 176a of Title 15,
Commerce and Trade.]
"(b) Title 13. - [Enacted section 402 of Title 13, Census.]".
WAIVER OF PAPERWORK REDUCTION
Pub. L. 101-508, title IV, Sec. 4711(f), Nov. 5, 1990, 104 Stat.
1388-187, provided that: "Chapter 35 of title 44, United States
Code, and Executive Order 12291 [formerly set out as a note under
section 601 of Title 5, Government Organization and Employees]
shall not apply to information and regulations required for
purposes of carrying out this Act [see Tables for classification]
and implementing the amendments made by this Act."
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
44 USC Sec. 3502 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3502. Definitions
-STATUTE-
As used in this subchapter -
(1) the term "agency" means any executive department, military
department, Government corporation, Government controlled
corporation, or other establishment in the executive branch of
the Government (including the Executive Office of the President),
or any independent regulatory agency, but does not include -
(A) the General Accounting Office;
(B) Federal Election Commission;
(C) the governments of the District of Columbia and of the
territories and possessions of the United States, and their
various subdivisions; or
(D) Government-owned contractor-operated facilities,
including laboratories engaged in national defense research and
production activities;
(2) the term "burden" means time, effort, or financial
resources expended by persons to generate, maintain, or provide
information to or for a Federal agency, including the resources
expended for -
(A) reviewing instructions;
(B) acquiring, installing, and utilizing technology and
systems;
(C) adjusting the existing ways to comply with any previously
applicable instructions and requirements;
(D) searching data sources;
(E) completing and reviewing the collection of information;
and
(F) transmitting, or otherwise disclosing the information;
(3) the term "collection of information" -
(A) means the obtaining, causing to be obtained, soliciting,
or requiring the disclosure to third parties or the public, of
facts or opinions by or for an agency, regardless of form or
format, calling for either -
(i) answers to identical questions posed to, or identical
reporting or recordkeeping requirements imposed on, ten or
more persons, other than agencies, instrumentalities, or
employees of the United States; or
(ii) answers to questions posed to agencies,
instrumentalities, or employees of the United States which
are to be used for general statistical purposes; and
(B) shall not include a collection of information described
under section 3518(c)(1);
(4) the term "Director" means the Director of the Office of
Management and Budget;
(5) the term "independent regulatory agency" means the Board of
Governors of the Federal Reserve System, the Commodity Futures
Trading Commission, the Consumer Product Safety Commission, the
Federal Communications Commission, the Federal Deposit Insurance
Corporation, the Federal Energy Regulatory Commission, the
Federal Housing Finance Board, the Federal Maritime Commission,
the Federal Trade Commission, the Interstate Commerce Commission,
the Mine Enforcement Safety and Health Review Commission, the
National Labor Relations Board, the Nuclear Regulatory
Commission, the Occupational Safety and Health Review Commission,
the Postal Rate Commission, the Securities and Exchange
Commission, and any other similar agency designated by statute as
a Federal independent regulatory agency or commission;
(6) the term "information resources" means information and
related resources, such as personnel, equipment, funds, and
information technology;
(7) the term "information resources management" means the
process of managing information resources to accomplish agency
missions and to improve agency performance, including through the
reduction of information collection burdens on the public;
(8) the term "information system" means a discrete set of
information resources organized for the collection, processing,
maintenance, use, sharing, dissemination, or disposition of
information;
(9) the term "information technology" has the meaning given
that term in section 11101 of title 40 but does not include
national security systems as defined in section 11103 of title
40;
(10) the term "person" means an individual, partnership,
association, corporation, business trust, or legal
representative, an organized group of individuals, a State,
territorial, tribal, or local government or branch thereof, or a
political subdivision of a State, territory, tribal, or local
government or a branch of a political subdivision;
(11) the term "practical utility" means the ability of an
agency to use information, particularly the capability to process
such information in a timely and useful fashion;
(12) the term "public information" means any information,
regardless of form or format, that an agency discloses,
disseminates, or makes available to the public;
(13) the term "recordkeeping requirement" means a requirement
imposed by or for an agency on persons to maintain specified
records, including a requirement to -
(A) retain such records;
(B) notify third parties, the Federal Government, or the
public of the existence of such records;
(C) disclose such records to third parties, the Federal
Government, or the public; or
(D) report to third parties, the Federal Government, or the
public regarding such records; and
(14) the term "penalty" includes the imposition by an agency or
court of a fine or other punishment; a judgment for monetary
damages or equitable relief; or the revocation, suspension,
reduction, or denial of a license, privilege, right, grant, or
benefit.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 164; amended
Pub. L. 104-106, div. E, title LVI, Sec. 5605(a), Feb. 10, 1996,
110 Stat. 700; Pub. L. 105-85, div. A, title X, Sec. 1073(h)(5)(A),
Nov. 18, 1997, 111 Stat. 1907; Pub. L. 106-398, Sec. 1 [[div. A],
title X, Sec. 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275;
Pub. L. 107-217, Sec. 3(l)(4), Aug. 21, 2002, 116 Stat. 1301.)
-MISC1-
PRIOR PROVISIONS
A prior section 3502, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2813; amended Pub. L. 98-443, Sec. 9(h), Oct. 4,
1984, 98 Stat. 1708; Pub. L. 99-500, Sec. 101(m) [title VIII, Sec.
812], Oct. 18, 1986, 100 Stat. 1783-308, 1783-335, and Pub. L.
99-591, Sec. 101(m) [title VIII, Sec. 812], Oct. 30, 1986, 100
Stat. 3341-308, 3341-335; Pub. L. 101-73, title VII, Sec. 744(e),
Aug. 9, 1989, 103 Stat. 438, defined terms used in this chapter
prior to the general amendment of this chapter by Pub. L. 104-13.
Another prior section 3502, Pub. L. 90-620, Oct. 22, 1968, 82
Stat. 1302; Pub. L. 93-153, title IV, Sec. 409(a), Nov. 16, 1973,
87 Stat. 593, defined "Federal agency", "person", and
"information", prior to the general amendment of this chapter by
Pub. L. 96-511.
AMENDMENTS
2002 - Par. (9). Pub. L. 107-217 substituted "section 11101 of
title 40" for "section 5002 of the Clinger-Cohen Act of 1996 (40
U.S.C. 1401)" and "section 11103 of title 40" for "section 5142 of
that Act (40 U.S.C. 1452)".
2000 - Pub. L. 106-398 substituted "subchapter" for "chapter" in
introductory provisions.
1997 - Par. (9). Pub. L. 105-85 substituted "the Clinger-Cohen
Act of 1996 (40 U.S.C. 1401)" for "the Information Technology
Management Reform Act of 1996" and inserted "(40 U.S.C. 1452)"
after "that Act".
1996 - Par. (9). Pub. L. 104-106 added par. (9) and struck out
former par. (9) which read as follows: "the term 'information
technology' has the same meaning as the term 'automatic data
processing equipment' as defined by section 111(a)(2) and (3)(C)(i)
through (v) of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 759(a)(2) and (3)(C)(i) through (v));".
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L.
106-398, set out as an Effective Date note under section 3531 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,
1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.
702.
-TRANS-
ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF
FUNCTIONS
Interstate Commerce Commission abolished and functions of
Commission transferred, except as otherwise provided in Pub. L.
104-88, to Surface Transportation Board effective Jan. 1, 1996, by
section 702 of Title 49, Transportation, and section 101 of Pub. L.
104-88, set out as a note under section 701 of Title 49. References
to Interstate Commerce Commission deemed to refer to Surface
Transportation Board, a member or employee of the Board, or
Secretary of Transportation, as appropriate, see section 205 of
Pub. L. 104-88, set out as a note under section 701 of Title 49.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3532, 3542, 3601 of this
title; title 10 section 1782; title 15 section 278g-3; title 31
sections 1344, 3811; title 40 section 11101; title 41 section 421;
title 42 section 1320b-9.
-End-
-CITE-
44 USC Sec. 3503 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3503. Office of Information and Regulatory Affairs
-STATUTE-
(a) There is established in the Office of Management and Budget
an office to be known as the Office of Information and Regulatory
Affairs.
(b) There shall be at the head of the Office an Administrator who
shall be appointed by the President, by and with the advice and
consent of the Senate. The Director shall delegate to the
Administrator the authority to administer all functions under this
subchapter, except that any such delegation shall not relieve the
Director of responsibility for the administration of such
functions. The Administrator shall serve as principal adviser to
the Director on Federal information resources management policy.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 166; amended
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
2000, 114 Stat. 1654, 1654A-275.)
-MISC1-
PRIOR PROVISIONS
A prior section 3503, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2814; amended Pub. L. 99-500, Sec. 101(m) [title
VIII, Sec. 813(a)], Oct. 18, 1986, 100 Stat. 1783-308, 1783-336,
and Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 813(a)], Oct. 30,
1986, 100 Stat. 3341-308, 3341-336, related to the establishment of
the Office of Information and Regulatory Affairs prior to the
general amendment of this chapter by Pub. L. 104-13.
Another prior section 3503, Pub. L. 90-620, Oct. 22, 1968, 82
Stat. 1303, prescribed duties of Director of Bureau of the Budget,
prior to the general amendment of this chapter by Pub. L. 96-511.
See section 3504 of this title.
AMENDMENTS
2000 - Subsec. (b). Pub. L. 106-398 substituted "subchapter" for
"chapter".
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L.
106-398, set out as an Effective Date note under section 3531 of
this title.
-TRANS-
DELEGATION OF OTHER FUNCTIONS TO ADMINISTRATOR
Section 3 of Pub. L. 96-511, as amended by Pub. L. 97-258, Sec.
5(b), Sept. 13, 1982, 96 Stat. 1083; Pub. L. 99-500, Sec. 101(m)
[title VIII, Sec. 821(b)(3)], Oct. 18, 1986, 100 Stat. 1783-308,
1783-342, and Pub. L. 99-591, Sec. 101(m) [title VIII, Sec.
821(b)(3)], Oct. 30, 1986, 100 Stat. 3341-308, 3341-342, provided:
"[(a) Repealed]
"(b) The Director of the Office of Management and Budget shall
delegate to the Administrator for the Office of Information and
Regulatory Affairs all functions, authority, and responsibility of
the Director under section 552a of title 5, United States Code,
under Executive Order 12046 [Ex. Ord. No. 12046, Mar. 27, 1978, 43
F.R. 14193, set out as a note under section 305 of Title 47,
Telegraphs, Telephones, and Radiotelegraphs] and Reorganization
Plan No. 1 for telecommunications [probably means Reorg. Plan No. 1
of 1970, 35 F.R. 6421, 84 Stat. 2083, set out in the Appendix to
Title 5, Government Organization and Employees], and under sections
110 and 111 of the Federal Property and Administrative Services Act
of 1949 ([now 40 U.S.C. 322 and former] 40 U.S.C. 759)."
[Section 101(m) [title VIII, Sec. 833] of Pub. L. 99-500 and Pub.
L. 99-591 provided that: "This title and the amendments made by
this title [amending former sections 3501 to 3507, 3511, 3514, and
3520 of this title and sections 751, 757, and 759 of former Title
40, Public Buildings, Property, and Works, enacting provisions set
out as a notes under section 101 of this title and former section
3503 of this title, amending provisions set out as a note above,
and repealing provisions set out as a note under section 759 of
former Title 40] shall take effect on the date of enactment of this
Act [Oct. 18, 1986], except as provided in section 813(b) [set out
as a note under former section 3503 of this title] and except that
the provisions of section 821 and the amendments made by such
section [amending former sections 3503 and 3504 of this title,
sections 757 and 759 of former Title 40, and provisions set out as
a note above] shall take effect on January 1, 1987."]
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 31 section 505.
-End-
-CITE-
44 USC Sec. 3504 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3504. Authority and functions of Director
-STATUTE-
(a)(1) The Director shall oversee the use of information
resources to improve the efficiency and effectiveness of
governmental operations to serve agency missions, including burden
reduction and service delivery to the public. In performing such
oversight, the Director shall -
(A) develop, coordinate and oversee the implementation of
Federal information resources management policies, principles,
standards, and guidelines; and
(B) provide direction and oversee -
(i) the review and approval of the collection of information
and the reduction of the information collection burden;
(ii) agency dissemination of and public access to
information;
(iii) statistical activities;
(iv) records management activities;
(v) privacy, confidentiality, security, disclosure, and
sharing of information; and
(vi) the acquisition and use of information technology,
including alternative information technologies that provide for
electronic submission, maintenance, or disclosure of
information as a substitute for paper and for the use and
acceptance of electronic signatures.
(2) The authority of the Director under this subchapter shall be
exercised consistent with applicable law.
(b) With respect to general information resources management
policy, the Director shall -
(1) develop and oversee the implementation of uniform
information resources management policies, principles, standards,
and guidelines;
(2) foster greater sharing, dissemination, and access to public
information, including through -
(A) the use of the Government Information Locator Service;
and
(B) the development and utilization of common standards for
information collection, storage, processing and communication,
including standards for security, interconnectivity and
interoperability;
(3) initiate and review proposals for changes in legislation,
regulations, and agency procedures to improve information
resources management practices;
(4) oversee the development and implementation of best
practices in information resources management, including
training; and
(5) oversee agency integration of program and management
functions with information resources management functions.
(c) With respect to the collection of information and the control
of paperwork, the Director shall -
(1) review and approve proposed agency collections of
information;
(2) coordinate the review of the collection of information
associated with Federal procurement and acquisition by the Office
of Information and Regulatory Affairs with the Office of Federal
Procurement Policy, with particular emphasis on applying
information technology to improve the efficiency and
effectiveness of Federal procurement, acquisition and payment,
and to reduce information collection burdens on the public;
(3) minimize the Federal information collection burden, with
particular emphasis on those individuals and entities most
adversely affected;
(4) maximize the practical utility of and public benefit from
information collected by or for the Federal Government;
(5) establish and oversee standards and guidelines by which
agencies are to estimate the burden to comply with a proposed
collection of information; (!1)
(6) publish in the Federal Register and make available on the
Internet (in consultation with the Small Business Administration)
on an annual basis a list of the compliance assistance resources
available to small businesses, with the first such publication
occurring not later than 1 year after the date of enactment of
the Small Business Paperwork Relief Act of 2002.
(d) With respect to information dissemination, the Director shall
develop and oversee the implementation of policies, principles,
standards, and guidelines to -
(1) apply to Federal agency dissemination of public
information, regardless of the form or format in which such
information is disseminated; and
(2) promote public access to public information and fulfill the
purposes of this subchapter, including through the effective use
of information technology.
(e) With respect to statistical policy and coordination, the
Director shall -
(1) coordinate the activities of the Federal statistical system
to ensure -
(A) the efficiency and effectiveness of the system; and
(B) the integrity, objectivity, impartiality, utility, and
confidentiality of information collected for statistical
purposes;
(2) ensure that budget proposals of agencies are consistent
with system-wide priorities for maintaining and improving the
quality of Federal statistics and prepare an annual report on
statistical program funding;
(3) develop and oversee the implementation of Governmentwide
policies, principles, standards, and guidelines concerning -
(A) statistical collection procedures and methods;
(B) statistical data classification;
(C) statistical information presentation and dissemination;
(D) timely release of statistical data; and
(E) such statistical data sources as may be required for the
administration of Federal programs;
(4) evaluate statistical program performance and agency
compliance with Governmentwide policies, principles, standards
and guidelines;
(5) promote the sharing of information collected for
statistical purposes consistent with privacy rights and
confidentiality pledges;
(6) coordinate the participation of the United States in
international statistical activities, including the development
of comparable statistics;
(7) appoint a chief statistician who is a trained and
experienced professional statistician to carry out the functions
described under this subsection;
(8) establish an Interagency Council on Statistical Policy to
advise and assist the Director in carrying out the functions
under this subsection that shall -
(A) be headed by the chief statistician; and
(B) consist of -
(i) the heads of the major statistical programs; and
(ii) representatives of other statistical agencies under
rotating membership; and
(9) provide opportunities for training in statistical policy
functions to employees of the Federal Government under which -
(A) each trainee shall be selected at the discretion of the
Director based on agency requests and shall serve under the
chief statistician for at least 6 months and not more than 1
year; and
(B) all costs of the training shall be paid by the agency
requesting training.
(f) With respect to records management, the Director shall -
(1) provide advice and assistance to the Archivist of the
United States and the Administrator of General Services to
promote coordination in the administration of chapters 29, 31,
and 33 of this title with the information resources management
policies, principles, standards, and guidelines established under
this subchapter;
(2) review compliance by agencies with -
(A) the requirements of chapters 29, 31, and 33 of this
title; and
(B) regulations promulgated by the Archivist of the United
States and the Administrator of General Services; and
(3) oversee the application of records management policies,
principles, standards, and guidelines, including requirements for
archiving information maintained in electronic format, in the
planning and design of information systems.
(g) With respect to privacy and security, the Director shall -
(1) develop and oversee the implementation of policies,
principles, standards, and guidelines on privacy,
confidentiality, security, disclosure and sharing of information
collected or maintained by or for agencies; and
(2) oversee and coordinate compliance with sections 552 and
552a of title 5, sections 20 and 21 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3 and 278g-4),
section 11331 of title 40 and subchapter II of this chapter, and
related information management laws.
(h) With respect to Federal information technology, the Director
shall -
(1) in consultation with the Director of the National Institute
of Standards and Technology and the Administrator of General
Services -
(A) develop and oversee the implementation of policies,
principles, standards, and guidelines for information
technology functions and activities of the Federal Government,
including periodic evaluations of major information systems;
and
(B) oversee the development and implementation of standards
under section 11331 of title 40;
(2) monitor the effectiveness of, and compliance with,
directives issued under subtitle III of title 40 and directives
issued under section 322 of title 40;
(3) coordinate the development and review by the Office of
Information and Regulatory Affairs of policy associated with
Federal procurement and acquisition of information technology
with the Office of Federal Procurement Policy;
(4) ensure, through the review of agency budget proposals,
information resources management plans and other means -
(A) agency integration of information resources management
plans, program plans and budgets for acquisition and use of
information technology; and
(B) the efficiency and effectiveness of inter-agency
information technology initiatives to improve agency
performance and the accomplishment of agency missions; and
(5) promote the use of information technology by the Federal
Government to improve the productivity, efficiency, and
effectiveness of Federal programs, including through
dissemination of public information and the reduction of
information collection burdens on the public.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 167; amended
Pub. L. 104-106, div. E, title LI, Sec. 5131(e)(1), title LVI, Sec.
5605(b), (c), Feb. 10, 1996, 110 Stat. 688, 700; Pub. L. 105-85,
div. A, title X, Sec. 1073(h)(5)(B), (C), Nov. 18, 1997, 111 Stat.
1907; Pub. L. 105-277, div. C, title XVII, Sec. 1702, Oct. 21,
1998, 112 Stat. 2681-749; Pub. L. 106-398, Sec. 1 [[div. A], title
X, Sec. 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275; Pub. L.
107-198, Sec. 2(a), June 28, 2002, 116 Stat. 729; Pub. L. 107-217,
Sec. 3(l)(5), Aug. 21, 2002, 116 Stat. 1301; Pub. L. 107-296, title
X, Sec. 1005(c)(1), Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107-347,
title III, Sec. 305(c)(1), Dec. 17, 2002, 116 Stat. 2960.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of the Small Business Paperwork Relief Act
of 2002, referred to in subsec. (c)(6), is the date of enactment of
Pub. L. 107-198, which was approved June 28, 2002.
-MISC1-
PRIOR PROVISIONS
A prior section 3504, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2815; amended Pub. L. 98-497, title I, Sec.
107(b)(26), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 99-500, Sec.
101(m) [title VIII, Secs. 814, 821(b)(2)], Oct. 18, 1986, 100 Stat.
1783-308, 1783-336, 1783-342, and Pub. L. 99-591, Sec. 101(m)
[title VIII, Secs. 814, 821(b)(2)], Oct. 30, 1986, 100 Stat.
3341-308, 3341-336, 3341-342, related to authority and functions of
Director prior to the general amendment of this chapter by Pub. L.
104-13.
Another prior section 3504, Pub. L. 90-620, Oct. 22, 1968, 82
Stat. 1303, provided for designation of a central collection
agency, prior to the general amendment of this chapter by Pub. L.
96-511. See section 3509 of this title.
AMENDMENTS
2002 - Subsec. (c)(6). Pub. L. 107-198 added par. (6).
Subsec. (g)(1). Pub. L. 107-296, Sec. 1005(c)(1)(A), and Pub. L.
107-347, Sec. 305(c)(1)(A), amended par. (1) identically, inserting
"and" at end.
Subsec. (g)(2). Pub. L. 107-347, Sec. 305(c)(1)(B), substituted
"section 11331 of title 40 and subchapter II of this chapter" for
"sections 11331 and 11332(b) and (c) of title 40" and a period for
"; and" at end.
Pub. L. 107-296, Sec. 1005(c)(1)(B), which directed amendment of
par. (2) by substituting "section 11331 of title 40 and subchapter
II of this title" for "sections 11331 and 11332(b) and (c) of title
40" and a period for the semicolon, could not be executed because
of amendment by Pub. L. 107-347, Sec. 305(c)(1)(B). See Amendment
note above and Effective Date of 2002 Amendments notes below.
Pub. L. 107-217, Sec. 3(l)(5)(A), substituted "sections 11331 and
11332(b) and (c) of title 40" for "section 5131 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1441), and sections 5 and 6 of
the Computer Security Act of 1987 (40 U.S.C. 759 note)".
Subsec. (g)(3). Pub. L. 107-296, Sec. 1005(c)(1)(C), and Pub. L.
107-347, Sec. 305(c)(1)(C), amended subsec. (g) identically,
striking out par. (3) which read as follows: "require Federal
agencies, consistent with the standards and guidelines promulgated
under sections 11331 and 11332(b) and (c) of title 40, to identify
and afford security protections commensurate with the risk and
magnitude of the harm resulting from the loss, misuse, or
unauthorized access to or modification of information collected or
maintained by or on behalf of an agency."
Pub. L. 107-217, Sec. 3(l)(5)(B), substituted "sections 11331 and
11332(b) and (c) of title 40" for "section 5131 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and sections 5 and 6 of
the Computer Security Act of 1987 (40 U.S.C. 759 note)".
Subsec. (h)(1)(B). Pub. L. 107-217, Sec. 3(l)(5)(C), substituted
"section 11331 of title 40" for "section 5131 of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1441)".
Subsec. (h)(2). Pub. L. 107-217, Sec. 3(l)(5)(D), substituted
"subtitle III of title 40" for "division E of the Clinger-Cohen Act
of 1996 (40 U.S.C. 1401 et seq.)" and "section 322 of title 40" for
"section 110 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 757)".
2000 - Subsecs. (a)(2), (d)(2), (f)(1). Pub. L. 106-398
substituted "subchapter" for "chapter".
1998 - Subsec. (a)(1)(B)(vi). Pub. L. 105-277 amended cl. (vi)
generally. Prior to amendment, cl. (vi) read as follows: "the
acquisition and use of information technology."
1997 - Subsecs. (g)(2), (3), (h)(1)(B). Pub. L. 105-85, Sec.
1073(h)(5)(C), substituted "Clinger-Cohen Act of 1996 (40 U.S.C.
1441)" for "Information Technology Management Reform Act of 1996".
Subsec. (h)(2). Pub. L. 105-85, Sec. 1073(h)(5)(B), substituted
"division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et
seq.)" for "the Information Technology Management Reform Act of
1996".
1996 - Subsec. (g)(2). Pub. L. 104-106, Sec. 5131(e)(1)(A),
substituted "sections 20 and 21 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3 and 278g-4), section
5131 of the Information Technology Management Reform Act of 1996,
and sections 5 and 6 of the Computer Security Act of 1987 (40
U.S.C. 759 note)" for "the Computer Security Act of 1987 (40 U.S.C.
759 note)".
Subsec. (g)(3). Pub. L. 104-106, Sec. 5131(e)(1)(B), substituted
"the standards and guidelines promulgated under section 5131 of the
Information Technology Management Reform Act of 1996 and sections 5
and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)"
for "the Computer Security Act of 1987 (40 U.S.C. 759 note)".
Subsec. (h)(1)(B). Pub. L. 104-106, Sec. 5605(b), substituted
"section 5131 of the Information Technology Management Reform Act
of 1996" for "section 111(d) of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 759(d))".
Subsec. (h)(2). Pub. L. 104-106, Sec. 5605(c), substituted "the
Information Technology Management Reform Act of 1996 and directives
issued under section 110 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 757)" for "sections 110 and 111 of
the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 757 and 759)".
EFFECTIVE DATE OF 2002 AMENDMENTS
Amendment by Pub. L. 107-347 effective Dec. 17, 2002, see section
402(b) of Pub. L. 107-347, set out as an Effective Date note under
section 3541 of this title.
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L.
106-398, set out as an Effective Date note under section 3531 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,
1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.
702.
GOVERNMENT PAPERWORK ELIMINATION
Pub. L. 105-277, div. C, title XVII, Oct. 21, 1998, 112 Stat.
2681-749, provided that:
"SEC. 1701. SHORT TITLE.
"This title may be cited as the 'Government Paperwork Elimination
Act'.
"SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND USE
OF ALTERNATIVE INFORMATION TECHNOLOGIES BY EXECUTIVE AGENCIES.
"[Amended this section.]
"SEC. 1703. PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC
SIGNATURES BY EXECUTIVE AGENCIES.
"(a) In General. - In order to fulfill the responsibility to
administer the functions assigned under chapter 35 of title 44,
United States Code, the provisions of the Clinger-Cohen Act of 1996
(divisions D and E of Public Law 104-106) [see Short Title of 1996
Amendment note set out under 41 U.S.C. 251] and the amendments made
by that Act, and the provisions of this title, the Director of the
Office of Management and Budget shall, in consultation with the
National Telecommunications and Information Administration and not
later than 18 months after the date of enactment of this Act [Oct.
21, 1998], develop procedures for the use and acceptance of
electronic signatures by Executive agencies.
"(b) Requirements for Procedures. - (1) The procedures developed
under subsection (a) -
"(A) shall be compatible with standards and technology for
electronic signatures that are generally used in commerce and
industry and by State governments;
"(B) may not inappropriately favor one industry or technology;
"(C) shall ensure that electronic signatures are as reliable as
is appropriate for the purpose in question and keep intact the
information submitted;
"(D) shall provide for the electronic acknowledgment of
electronic forms that are successfully submitted; and
"(E) shall, to the extent feasible and appropriate, require an
Executive agency that anticipates receipt by electronic means of
50,000 or more submittals of a particular form to take all steps
necessary to ensure that multiple methods of electronic
signatures are available for the submittal of such form.
"(2) The Director shall ensure the compatibility of the
procedures under paragraph (1)(A) in consultation with appropriate
private bodies and State government entities that set standards for
the use and acceptance of electronic signatures.
"SEC. 1704. DEADLINE FOR IMPLEMENTATION BY EXECUTIVE AGENCIES OF
PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES.
"In order to fulfill the responsibility to administer the
functions assigned under chapter 35 of title 44, United States
Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D
and E of Public Law 104-106) [see Short Title of 1996 Amendment
note set out under 41 U.S.C. 251] and the amendments made by that
Act, and the provisions of this title, the Director of the Office
of Management and Budget shall ensure that, commencing not later
than five years after the date of enactment of this Act [Oct. 21,
1998], Executive agencies provide -
"(1) for the option of the electronic maintenance, submission,
or disclosure of information, when practicable as a substitute
for paper; and
"(2) for the use and acceptance of electronic signatures, when
practicable.
"SEC. 1705. ELECTRONIC STORAGE AND FILING OF EMPLOYMENT FORMS.
"In order to fulfill the responsibility to administer the
functions assigned under chapter 35 of title 44, United States
Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D
and E of Public Law 104-106) [see Short Title of 1996 Amendment
note set out under 41 U.S.C. 251] and the amendments made by that
Act, and the provisions of this title, the Director of the Office
of Management and Budget shall, not later than 18 months after the
date of enactment of this Act [Oct. 21, 1998], develop procedures
to permit private employers to store and file electronically with
Executive agencies forms containing information pertaining to the
employees of such employers.
"SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNATURES.
"(a) Ongoing Study Required. - In order to fulfill the
responsibility to administer the functions assigned under chapter
35 of title 44, United States Code, the provisions of the
Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104-106)
[see Short Title of 1996 Amendment note set out under 41 U.S.C.
251] and the amendments made by that Act, and the provisions of
this title, the Director of the Office of Management and Budget
shall, in cooperation with the National Telecommunications and
Information Administration, conduct an ongoing study of the use of
electronic signatures under this title on -
"(1) paperwork reduction and electronic commerce;
"(2) individual privacy; and
"(3) the security and authenticity of transactions.
"(b) Reports. - The Director shall submit to Congress on a
periodic basis a report describing the results of the study carried
out under subsection (a).
"SEC. 1707. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC
RECORDS.
"Electronic records submitted or maintained in accordance with
procedures developed under this title, or electronic signatures or
other forms of electronic authentication used in accordance with
such procedures, shall not be denied legal effect, validity, or
enforceability because such records are in electronic form.
"SEC. 1708. DISCLOSURE OF INFORMATION.
"Except as provided by law, information collected in the
provision of electronic signature services for communications with
an executive agency, as provided by this title, shall only be used
or disclosed by persons who obtain, collect, or maintain such
information as a business or government practice, for the purpose
of facilitating such communications, or with the prior affirmative
consent of the person about whom the information pertains.
"SEC. 1709. APPLICATION WITH INTERNAL REVENUE LAWS.
"No provision of this title shall apply to the Department of the
Treasury or the Internal Revenue Service to the extent that such
provision -
"(1) involves the administration of the internal revenue laws;
or
"(2) conflicts with any provision of the Internal Revenue
Service Restructuring and Reform Act of 1998 [Pub. L. 105-206,
see Tables for classification] or the Internal Revenue Code of
1986 [26 U.S.C. 1 et seq.].
"SEC. 1710. DEFINITIONS.
"For purposes of this title:
"(1) Electronic signature. - The term 'electronic signature'
means a method of signing an electronic message that -
"(A) identifies and authenticates a particular person as the
source of the electronic message; and
"(B) indicates such person's approval of the information
contained in the electronic message.
"(2) Executive agency. - The term 'Executive agency' has the
meaning given that term in section 105 of title 5, United States
Code."
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3602, 3603 of this title;
title 40 sections 11302, 11303; title 42 section 13271.
-FOOTNOTE-
(!1) So in original. Probably should be followed by "and".
-End-
-CITE-
44 USC Sec. 3505 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3505. Assignment of tasks and deadlines
-STATUTE-
(a) In carrying out the functions under this subchapter, the
Director shall -
(1) in consultation with agency heads, set an annual
Governmentwide goal for the reduction of information collection
burdens by at least 10 percent during each of fiscal years 1996
and 1997 and 5 percent during each of fiscal years 1998, 1999,
2000, and 2001, and set annual agency goals to -
(A) reduce information collection burdens imposed on the
public that -
(i) represent the maximum practicable opportunity in each
agency; and
(ii) are consistent with improving agency management of the
process for the review of collections of information
established under section 3506(c); and
(B) improve information resources management in ways that
increase the productivity, efficiency and effectiveness of
Federal programs, including service delivery to the public;
(2) with selected agencies and non-Federal entities on a
voluntary basis, conduct pilot projects to test alternative
policies, practices, regulations, and procedures to fulfill the
purposes of this subchapter, particularly with regard to
minimizing the Federal information collection burden; and
(3) in consultation with the Administrator of General Services,
the Director of the National Institute of Standards and
Technology, the Archivist of the United States, and the Director
of the Office of Personnel Management, develop and maintain a
Governmentwide strategic plan for information resources
management, that shall include -
(A) a description of the objectives and the means by which
the Federal Government shall apply information resources to
improve agency and program performance;
(B) plans for -
(i) reducing information burdens on the public, including
reducing such burdens through the elimination of duplication
and meeting shared data needs with shared resources;
(ii) enhancing public access to and dissemination of,
information, using electronic and other formats; and
(iii) meeting the information technology needs of the
Federal Government in accordance with the purposes of this
subchapter; and
(C) a description of progress in applying information
resources management to improve agency performance and the
accomplishment of missions.
(b) For purposes of any pilot project conducted under subsection
(a)(2), the Director may, after consultation with the agency head,
waive the application of any administrative directive issued by an
agency with which the project is conducted, including any directive
requiring a collection of information, after giving timely notice
to the public and the Congress regarding the need for such waiver.
(c) (!1) Inventory of Major Information Systems. - (1) The head
of each agency shall develop and maintain an inventory of major
information systems (including major national security systems)
operated by or under the control of such agency.
(2) The identification of information systems in an inventory
under this subsection shall include an identification of the
interfaces between each such system and all other systems or
networks, including those not operated by or under the control of
the agency.
(3) Such inventory shall be -
(A) updated at least annually;
(B) made available to the Comptroller General; and
(C) used to support information resources management, including
-
(i) preparation and maintenance of the inventory of
information resources under section 3506(b)(4);
(ii) information technology planning, budgeting, acquisition,
and management under section 3506(h), subtitle III of title 40,
and related laws and guidance;
(iii) monitoring, testing, and evaluation of information
security controls under subchapter II;
(iv) preparation of the index of major information systems
required under section 552(g) of title 5, United States Code;
and
(v) preparation of information system inventories required
for records management under chapters 21, 29, 31, and 33.
(4) The Director shall issue guidance for and oversee the
implementation of the requirements of this subsection.
(c) (!1) Inventory of Information Systems. - (1) The head of each
agency shall develop and maintain an inventory of the information
systems (including national security systems) operated by or under
the control of such agency;
(2) The identification of information systems in an inventory
under this subsection shall include an identification of the
interfaces between each such system and all other systems or
networks, including those not operated by or under the control of
the agency;
(3) Such inventory shall be -
(A) updated at least annually;
(B) made available to the Comptroller General; and
(C) used to support information resources management, including
-
(i) preparation and maintenance of the inventory of
information resources under section 3506(b)(4);
(ii) information technology planning, budgeting, acquisition,
and management under section 3506(h), subtitle III of title 40,
and related laws and guidance;
(iii) monitoring, testing, and evaluation of information
security controls under subchapter II;
(iv) preparation of the index of major information systems
required under section 552(g) of title 5, United States Code;
and
(v) preparation of information system inventories required
for records management under chapters 21, 29, 31, and 33.
(4) The Director shall issue guidance for and oversee the
implementation of the requirements of this subsection.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 170; amended
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
2000, 114 Stat. 1654, 1654A-275; Pub. L. 107-296, title X, Sec.
1005(c)(2), Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107-347, title
III, Sec. 305(c)(2), Dec. 17, 2002, 116 Stat. 2961.)
-MISC1-
PRIOR PROVISIONS
A prior section 3505, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2818; amended Pub. L. 99-500, Sec. 101(m) [title
VIII, Sec. 815], Oct. 18, 1986, 100 Stat. 1783-308, 1783-337, and
Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 815], Oct. 30, 1986,
100 Stat. 3341-308, 3341-337, related to assignment of tasks and
deadlines prior to the general amendment of this chapter by Pub. L.
104-13.
Another prior section 3505, Pub. L. 90-620, Oct. 22, 1968, 82
Stat. 1303, prohibited independent collection by an agency, prior
to the general amendment of this chapter by Pub. L. 96-511. See
section 3509 of this title.
AMENDMENTS
2002 - Subsec. (c). Pub. L. 107-347, added subsec. (c) relating
to inventory of major information systems.
Pub. L. 107-296 added subsec. (c) relating to inventory of
information systems.
2000 - Subsec. (a). Pub. L. 106-398 substituted "subchapter" for
"chapter" in introductory provisions and pars. (2) and (3)(B)(iii).
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L.
106-398, set out as an Effective Date note under section 3531 of
this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3514, 3534, 3544 of this
title.
-FOOTNOTE-
(!1) So in original. Two subsecs. (c) have been enacted.
-End-
-CITE-
44 USC Sec. 3506 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3506. Federal agency responsibilities
-STATUTE-
(a)(1) The head of each agency shall be responsible for -
(A) carrying out the agency's information resources management
activities to improve agency productivity, efficiency, and
effectiveness; and
(B) complying with the requirements of this subchapter and
related policies established by the Director.
(2)(A) Except as provided under subparagraph (B), the head of
each agency shall designate a Chief Information Officer who shall
report directly to such agency head to carry out the
responsibilities of the agency under this subchapter.
(B) The Secretary of the Department of Defense and the Secretary
of each military department may each designate Chief Information
Officers who shall report directly to such Secretary to carry out
the responsibilities of the department under this subchapter. If
more than one Chief Information Officer is designated, the
respective duties of the Chief Information Officers shall be
clearly delineated.
(3) The Chief Information Officer designated under paragraph (2)
shall head an office responsible for ensuring agency compliance
with and prompt, efficient, and effective implementation of the
information policies and information resources management
responsibilities established under this subchapter, including the
reduction of information collection burdens on the public. The
Chief Information Officer and employees of such office shall be
selected with special attention to the professional qualifications
required to administer the functions described under this
subchapter.
(4) Each agency program official shall be responsible and
accountable for information resources assigned to and supporting
the programs under such official. In consultation with the Chief
Information Officer designated under paragraph (2) and the agency
Chief Financial Officer (or comparable official), each agency
program official shall define program information needs and develop
strategies, systems, and capabilities to meet those needs.
(b) With respect to general information resources management,
each agency shall -
(1) manage information resources to -
(A) reduce information collection burdens on the public;
(B) increase program efficiency and effectiveness; and
(C) improve the integrity, quality, and utility of
information to all users within and outside the agency,
including capabilities for ensuring dissemination of public
information, public access to government information, and
protections for privacy and security;
(2) in accordance with guidance by the Director, develop and
maintain a strategic information resources management plan that
shall describe how information resources management activities
help accomplish agency missions;
(3) develop and maintain an ongoing process to -
(A) ensure that information resources management operations
and decisions are integrated with organizational planning,
budget, financial management, human resources management, and
program decisions;
(B) in cooperation with the agency Chief Financial Officer
(or comparable official), develop a full and accurate
accounting of information technology expenditures, related
expenses, and results; and
(C) establish goals for improving information resources
management's contribution to program productivity, efficiency,
and effectiveness, methods for measuring progress towards those
goals, and clear roles and responsibilities for achieving those
goals;
(4) in consultation with the Director, the Administrator of
General Services, and the Archivist of the United States,
maintain a current and complete inventory of the agency's
information resources, including directories necessary to fulfill
the requirements of section 3511 of this subchapter; and
(5) in consultation with the Director and the Director of the
Office of Personnel Management, conduct formal training programs
to educate agency program and management officials about
information resources management.
(c) With respect to the collection of information and the control
of paperwork, each agency shall -
(1) establish a process within the office headed by the Chief
Information Officer designated under subsection (a), that is
sufficiently independent of program responsibility to evaluate
fairly whether proposed collections of information should be
approved under this subchapter, to -
(A) review each collection of information before submission
to the Director for review under this subchapter, including -
(i) an evaluation of the need for the collection of
information;
(ii) a functional description of the information to be
collected;
(iii) a plan for the collection of the information;
(iv) a specific, objectively supported estimate of burden;
(v) a test of the collection of information through a pilot
program, if appropriate; and
(vi) a plan for the efficient and effective management and
use of the information to be collected, including necessary
resources;
(B) ensure that each information collection -
(i) is inventoried, displays a control number and, if
appropriate, an expiration date;
(ii) indicates the collection is in accordance with the
clearance requirements of section 3507; and
(iii) informs the person receiving the collection of
information of -
(I) the reasons the information is being collected;
(II) the way such information is to be used;
(III) an estimate, to the extent practicable, of the
burden of the collection;
(IV) whether responses to the collection of information
are voluntary, required to obtain a benefit, or mandatory;
and
(V) the fact that an agency may not conduct or sponsor,
and a person is not required to respond to, a collection of
information unless it displays a valid control number; and
(C) assess the information collection burden of proposed
legislation affecting the agency;
(2)(A) except as provided under subparagraph (B) or section
3507(j), provide 60-day notice in the Federal Register, and
otherwise consult with members of the public and affected
agencies concerning each proposed collection of information, to
solicit comment to -
(i) evaluate whether the proposed collection of information
is necessary for the proper performance of the functions of the
agency, including whether the information shall have practical
utility;
(ii) evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information;
(iii) enhance the quality, utility, and clarity of the
information to be collected; and
(iv) minimize the burden of the collection of information on
those who are to respond, including through the use of
automated collection techniques or other forms of information
technology; and
(B) for any proposed collection of information contained in a
proposed rule (to be reviewed by the Director under section
3507(d)), provide notice and comment through the notice of
proposed rulemaking for the proposed rule and such notice shall
have the same purposes specified under subparagraph (A)(i)
through (iv);
(3) certify (and provide a record supporting such
certification, including public comments received by the agency)
that each collection of information submitted to the Director for
review under section 3507 -
(A) is necessary for the proper performance of the functions
of the agency, including that the information has practical
utility;
(B) is not unnecessarily duplicative of information otherwise
reasonably accessible to the agency;
(C) reduces to the extent practicable and appropriate the
burden on persons who shall provide information to or for the
agency, including with respect to small entities, as defined
under section 601(6) of title 5, the use of such techniques as
-
(i) establishing differing compliance or reporting
requirements or timetables that take into account the
resources available to those who are to respond;
(ii) the clarification, consolidation, or simplification of
compliance and reporting requirements; or
(iii) an exemption from coverage of the collection of
information, or any part thereof;
(D) is written using plain, coherent, and unambiguous
terminology and is understandable to those who are to respond;
(E) is to be implemented in ways consistent and compatible,
to the maximum extent practicable, with the existing reporting
and recordkeeping practices of those who are to respond;
(F) indicates for each recordkeeping requirement the length
of time persons are required to maintain the records specified;
(G) contains the statement required under paragraph
(1)(B)(iii);
(H) has been developed by an office that has planned and
allocated resources for the efficient and effective management
and use of the information to be collected, including the
processing of the information in a manner which shall enhance,
where appropriate, the utility of the information to agencies
and the public;
(I) uses effective and efficient statistical survey
methodology appropriate to the purpose for which the
information is to be collected; and
(J) to the maximum extent practicable, uses information
technology to reduce burden and improve data quality, agency
efficiency and responsiveness to the public; and
(4) in addition to the requirements of this chapter regarding
the reduction of information collection burdens for small
business concerns (as defined in section 3 of the Small Business
Act (15 U.S.C. 632)), make efforts to further reduce the
information collection burden for small business concerns with
fewer than 25 employees.
(d) With respect to information dissemination, each agency shall
-
(1) ensure that the public has timely and equitable access to
the agency's public information, including ensuring such access
through -
(A) encouraging a diversity of public and private sources for
information based on government public information;
(B) in cases in which the agency provides public information
maintained in electronic format, providing timely and equitable
access to the underlying data (in whole or in part); and
(C) agency dissemination of public information in an
efficient, effective, and economical manner;
(2) regularly solicit and consider public input on the agency's
information dissemination activities;
(3) provide adequate notice when initiating, substantially
modifying, or terminating significant information dissemination
products; and
(4) not, except where specifically authorized by statute -
(A) establish an exclusive, restricted, or other distribution
arrangement that interferes with timely and equitable
availability of public information to the public;
(B) restrict or regulate the use, resale, or redissemination
of public information by the public;
(C) charge fees or royalties for resale or redissemination of
public information; or
(D) establish user fees for public information that exceed
the cost of dissemination.
(e) With respect to statistical policy and coordination, each
agency shall -
(1) ensure the relevance, accuracy, timeliness, integrity, and
objectivity of information collected or created for statistical
purposes;
(2) inform respondents fully and accurately about the sponsors,
purposes, and uses of statistical surveys and studies;
(3) protect respondents' privacy and ensure that disclosure
policies fully honor pledges of confidentiality;
(4) observe Federal standards and practices for data
collection, analysis, documentation, sharing, and dissemination
of information;
(5) ensure the timely publication of the results of statistical
surveys and studies, including information about the quality and
limitations of the surveys and studies; and
(6) make data available to statistical agencies and readily
accessible to the public.
(f) With respect to records management, each agency shall
implement and enforce applicable policies and procedures, including
requirements for archiving information maintained in electronic
format, particularly in the planning, design and operation of
information systems.
(g) With respect to privacy and security, each agency shall -
(1) implement and enforce applicable policies, procedures,
standards, and guidelines on privacy, confidentiality, security,
disclosure and sharing of information collected or maintained by
or for the agency; and
(2) assume responsibility and accountability for compliance
with and coordinated management of sections 552 and 552a of title
5, subchapter II of this chapter, and related information
management laws.
(h) With respect to Federal information technology, each agency
shall -
(1) implement and enforce applicable Governmentwide and agency
information technology management policies, principles,
standards, and guidelines;
(2) assume responsibility and accountability for information
technology investments;
(3) promote the use of information technology by the agency to
improve the productivity, efficiency, and effectiveness of agency
programs, including the reduction of information collection
burdens on the public and improved dissemination of public
information;
(4) propose changes in legislation, regulations, and agency
procedures to improve information technology practices, including
changes that improve the ability of the agency to use technology
to reduce burden; and
(5) assume responsibility for maximizing the value and
assessing and managing the risks of major information systems
initiatives through a process that is -
(A) integrated with budget, financial, and program management
decisions; and
(B) used to select, control, and evaluate the results of
major information systems initiatives.
(i)(1) In addition to the requirements described in subsection
(c), each agency shall, with respect to the collection of
information and the control of paperwork, establish 1 point of
contact in the agency to act as a liaison between the agency and
small business concerns (as defined in section 3 of the Small
Business Act (15 U.S.C. 632)).
(2) Each point of contact described under paragraph (1) shall be
established not later than 1 year after the date of enactment of
the Small Business Paperwork Relief Act of 2002.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 171; amended
Pub. L. 104-106, div. E, title LI, Sec. 5125(a), Feb. 10, 1996, 110
Stat. 684; Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.
1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275; Pub. L.
107-198, Sec. 2(b), (c), June 28, 2002, 116 Stat. 729; Pub. L.
107-217, Sec. 3(l)(6), Aug. 21, 2002, 116 Stat. 1302; Pub. L.
107-296, title X, Sec. 1005(c)(3), Nov. 25, 2002, 116 Stat. 2273;
Pub. L. 107-347, title III, Sec. 305(c)(3), Dec. 17, 2002, 116
Stat. 2961.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of the Small Business Paperwork Relief Act
of 2002, referred to in subsec. (i)(2), is the date of enactment of
Pub. L. 107-198, which was approved June 28, 2002.
-MISC1-
PRIOR PROVISIONS
A prior section 3506, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2819; amended Pub. L. 99-500, Sec. 101(m) [title
VIII, Sec. 816], Oct. 18, 1986, 100 Stat. 1783-308, 1783-338, and
Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 816], Oct. 30, 1986,
100 Stat. 3341-308, 3341-338, related to Federal agency
responsibilities prior to the general amendment of this chapter by
Pub. L. 104-13.
Another prior section 3506, Pub. L. 90-620, Oct. 22, 1968, 82
Stat. 1303, provided for determination of necessity for information
and hearing thereon, prior to the general amendment of this chapter
by Pub. L. 96-511. See section 3508 of this title.
AMENDMENTS
2002 - Subsec. (c)(4). Pub. L. 107-198, Sec. 2(c), added par.
(4).
Subsec. (g)(1). Pub. L. 107-296, Sec. 1005(c)(3)(A), and Pub. L.
107-347, Sec. 305(c)(3)(A), amended par. (1) identically, inserting
"and" at end.
Subsec. (g)(2). Pub. L. 107-296, Sec. 1005(c)(3)(B), and Pub. L.
107-347, Sec. 305(c)(3)(B), amended par. (2) identically,
substituting "subchapter II of this chapter" for "section 11332 of
title 40" and a period for "; and" at end.
Pub. L. 107-217, Sec. 3(l)(6)(A), substituted "section 11332 of
title 40" for "the Computer Security Act of 1987 (40 U.S.C. 759
note)".
Subsec. (g)(3). Pub. L. 107-296, Sec. 1005(c)(3)(C), and Pub. L.
107-347, Sec. 305(c)(3)(C), amended subsec. (g) identically,
striking out par. (3) which read as follows: "consistent with
section 11332 of title 40, identify and afford security protections
commensurate with the risk and magnitude of the harm resulting from
the loss, misuse, or unauthorized access to or modification of
information collected or maintained by or on behalf of an agency."
Pub. L. 107-217, Sec. 3(l)(6)(B), substituted "section 11332 of
title 40" for "the Computer Security Act of 1987 (40 U.S.C. 759
note)".
Subsec. (i). Pub. L. 107-198, Sec. 2(b), added subsec. (i).
2000 - Subsecs. (a)(1) to (3), (b)(4), (c)(1). Pub. L. 106-398
substituted "subchapter" for "chapter" wherever appearing.
1996 - Subsec. (a)(2)(A). Pub. L. 104-106, Sec. 5125(a)(1)(A),
substituted "Chief Information Officer" for "senior official".
Subsec. (a)(2)(B). Pub. L. 104-106, Sec. 5125(a)(1)(B),
substituted "designate Chief Information Officers" for "designate
senior officials", "Chief Information Officer" for "official", and
"the Chief Information Officers" for "the officials".
Subsec. (a)(3), (4). Pub. L. 104-106, Sec. 5125(a)(1)(C),
substituted "Chief Information Officer" for "senior official"
wherever appearing.
Subsec. (c)(1). Pub. L. 104-106, Sec. 5125(a)(2), substituted
"Chief Information Officer" for "official" in introductory
provisions.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
2002, see section 4 of Pub. L. 107-296, set out as an Effective
Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L.
106-398, set out as an Effective Date note under section 3531 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,
1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.
702.
-EXEC-
EX. ORD. NO. 13073. YEAR 2000 CONVERSION
Ex. Ord. No. 13073, Feb. 4, 1998, 63 F.R. 6467, as amended by Ex.
Ord. No. 13127, June 14, 1999, 64 F.R. 32793, provided:
The American people expect reliable service from their Government
and deserve the confidence that critical government functions
dependent on electronic systems will be performed accurately and in
a timely manner. Because of a design feature in many electronic
systems, a large number of activities in the public and private
sectors could be at risk beginning in the year 2000. Some computer
systems and other electronic devices will misinterpret the year
"00" as 1900, rather than 2000. Unless appropriate action is taken,
this flaw, known as the "Y2K problem," can cause systems that
support those functions to compute erroneously or simply not run.
Minimizing the Y2K problem will require a major technological and
managerial effort, and it is critical that the United States
Government do its part in addressing this challenge.
Accordingly, by the authority vested in me as President by the
Constitution and the laws of the United States of America, it is
hereby ordered as follows:
Section 1. Policy. (a) It shall be the policy of the executive
branch that agencies shall:
(1) assure that no critical Federal program experiences
disruption because of the Y2K problem;
(2) assist and cooperate with State, local, and tribal
governments to address the Y2K problem where those governments
depend on Federal information or information technology or the
Federal Government is dependent on those governments to perform
critical missions;
(3) cooperate with the private sector operators of critical
national and local systems, including the banking and financial
system, the telecommunications system, the public health system,
the transportation system, and the electric power generation
system, in addressing the Y2K problem; and
(4) communicate with their foreign counterparts to raise
awareness of and generate cooperative international arrangements to
address the Y2K problem.
(b) As used in this order, "agency" and "agencies" refer to
Federal agencies that are not in the judicial or legislative
branches.
Sec. 2. Year 2000 Conversion Council. There is hereby established
the President's Council on Year 2000 Conversion (the "Council").
(a) The Council shall be led by a Chair who shall be an Assistant
to the President, and it shall be composed of one representative
from each of the executive departments and from such other Federal
agencies as may be determined by the Chair of the Council (the
"Chair").
(b) The Chair shall appoint a Vice Chair and assign other
responsibilities for operations of the council as he or she deems
necessary.
(c) The Chair shall oversee the activities of agencies to assure
that their systems operate smoothly through the year 2000, act as
chief spokesperson on this issue for the executive branch in
national and international fora, provide policy coordination of
executive branch activities with State, local, and tribal
governments on the Y2K problem, and promote appropriate Federal
roles with respect to private sector activities in this area.
(d) The Chair and the Director of the Office of Management and
Budget shall report jointly at least quarterly to me on the
progress of agencies in addressing the Y2K problem.
(e) The Chair shall identify such resources from agencies as the
Chair deems necessary for the implementation of the policies set
out in this order, consistent with applicable law.
Sec. 3. Responsibilities of Agency Heads. (a) The head of each
agency shall:
(1) assure that efforts to address the Y2K problem receive the
highest priority attention in the agency and that the policies
established in this order are carried out; and
(2) cooperate to the fullest extent with the Chair by making
available such information, support, and assistance, including
personnel, as the Chair may request to support the accomplishment
of the tasks assigned herein, consistent with applicable law.
(b) The heads of executive departments and the agencies
designated by the Chair under section 2(a) of this order shall
identify a responsible official to represent the head of the
executive department or agency on the Council with sufficient
authority and experience to commit agency resources to address the
Y2K problem.
Sec. 4. Responsibilities of Interagency and Executive Office
Councils. Interagency councils and councils within the Executive
Office of the President, including the President's Management
Council, the Chief Information Officers Council, the Chief
Financial Officers Council, the President's Council on Integrity
and Efficiency, the Executive Council on Integrity and Efficiency,
the National Science and Technology Council, the National
Performance Review, the National Economic Council, the Domestic
Policy Council, and the National Security Council shall provide
assistance and support to the Chair upon the Chair's request.
Sec. 5. Information Coordination Center. (a) To assist the Chair
in the Y2K response duties included under section 2(c) of this
order, there shall be established the Information Coordination
Center (ICC) in the General Services Administration.
(b) At the direction of the Chair, the ICC will assist in making
preparations for information sharing and coordination within the
Federal Government and key components of the public and private
sectors, coordinating agency assessments of Y2K emergencies that
could have an adverse affect on U.S. interests at home and abroad,
and, if necessary, assisting Federal agencies and the Chair in
reconstitution processes where appropriate.
(c) The ICC will:
(1) consist of officials from executive agencies, designated by
agency heads under subsection 3(a)(2) of this order, who have
expertise in important management and technical areas, computer
hardware, software or security systems, reconstitution and
recovery, and of additional personnel hired directly or by
contract, as required, to carry out the duties described under
section 5 of this order;
(2) work with the Council and the Office of Management and Budget
to assure that Federal efforts to restore critical systems are
coordinated with efforts managed by Federal agencies acting under
existing emergency response authorities.
(d) The Chair of the President's Council on Year 2000 Conversion
shall designate a Director of the ICC.
Sec. 6. Judicial Review. This Executive order is intended only to
improve the internal management of the executive branch and does
not create any right or benefit, substantive or procedural,
enforceable at law or equity by a party against the United States,
its agencies, or instrumentalities, its officers or employees, or
any other person.
William J. Clinton.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3505, 3507, 3520, 3534,
3544, 3603 of this title; title 10 section 2223; title 38 sections
308, 310; title 40 sections 11312, 11313, 11317; title 42 section
14953 of this title.
-End-
-CITE-
44 USC Sec. 3507 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3507. Public information collection activities; submission to
Director; approval and delegation
-STATUTE-
(a) An agency shall not conduct or sponsor the collection of
information unless in advance of the adoption or revision of the
collection of information -
(1) the agency has -
(A) conducted the review established under section
3506(c)(1);
(B) evaluated the public comments received under section
3506(c)(2);
(C) submitted to the Director the certification required
under section 3506(c)(3), the proposed collection of
information, copies of pertinent statutory authority,
regulations, and other related materials as the Director may
specify; and
(D) published a notice in the Federal Register -
(i) stating that the agency has made such submission; and
(ii) setting forth -
(I) a title for the collection of information;
(II) a summary of the collection of information;
(III) a brief description of the need for the information
and the proposed use of the information;
(IV) a description of the likely respondents and proposed
frequency of response to the collection of information;
(V) an estimate of the burden that shall result from the
collection of information; and
(VI) notice that comments may be submitted to the agency
and Director;
(2) the Director has approved the proposed collection of
information or approval has been inferred, under the provisions
of this section; and
(3) the agency has obtained from the Director a control number
to be displayed upon the collection of information.
(b) The Director shall provide at least 30 days for public
comment prior to making a decision under subsection (c), (d), or
(h), except as provided under subsection (j).
(c)(1) For any proposed collection of information not contained
in a proposed rule, the Director shall notify the agency involved
of the decision to approve or disapprove the proposed collection of
information.
(2) The Director shall provide the notification under paragraph
(1), within 60 days after receipt or publication of the notice
under subsection (a)(1)(D), whichever is later.
(3) If the Director does not notify the agency of a denial or
approval within the 60-day period described under paragraph (2) -
(A) the approval may be inferred;
(B) a control number shall be assigned without further delay;
and
(C) the agency may collect the information for not more than 1
year.
(d)(1) For any proposed collection of information contained in a
proposed rule -
(A) as soon as practicable, but no later than the date of
publication of a notice of proposed rulemaking in the Federal
Register, each agency shall forward to the Director a copy of any
proposed rule which contains a collection of information and any
information requested by the Director necessary to make the
determination required under this subsection; and
(B) within 60 days after the notice of proposed rulemaking is
published in the Federal Register, the Director may file public
comments pursuant to the standards set forth in section 3508 on
the collection of information contained in the proposed rule;
(2) When a final rule is published in the Federal Register, the
agency shall explain -
(A) how any collection of information contained in the final
rule responds to the comments, if any, filed by the Director or
the public; or
(B) the reasons such comments were rejected.
(3) If the Director has received notice and failed to comment on
an agency rule within 60 days after the notice of proposed
rulemaking, the Director may not disapprove any collection of
information specifically contained in an agency rule.
(4) No provision in this section shall be construed to prevent
the Director, in the Director's discretion -
(A) from disapproving any collection of information which was
not specifically required by an agency rule;
(B) from disapproving any collection of information contained
in an agency rule, if the agency failed to comply with the
requirements of paragraph (1) of this subsection;
(C) from disapproving any collection of information contained
in a final agency rule, if the Director finds within 60 days
after the publication of the final rule that the agency's
response to the Director's comments filed under paragraph (2) of
this subsection was unreasonable; or
(D) from disapproving any collection of information contained
in a final rule, if -
(i) the Director determines that the agency has substantially
modified in the final rule the collection of information
contained in the proposed rule; and
(ii) the agency has not given the Director the information
required under paragraph (1) with respect to the modified
collection of information, at least 60 days before the issuance
of the final rule.
(5) This subsection shall apply only when an agency publishes a
notice of proposed rulemaking and requests public comments.
(6) The decision by the Director to approve or not act upon a
collection of information contained in an agency rule shall not be
subject to judicial review.
(e)(1) Any decision by the Director under subsection (c), (d),
(h), or (j) to disapprove a collection of information, or to
instruct the agency to make substantive or material change to a
collection of information, shall be publicly available and include
an explanation of the reasons for such decision.
(2) Any written communication between the Administrator of the
Office of Information and Regulatory Affairs, or any employee of
the Office of Information and Regulatory Affairs, and an agency or
person not employed by the Federal Government concerning a proposed
collection of information shall be made available to the public.
(3) This subsection shall not require the disclosure of -
(A) any information which is protected at all times by
procedures established for information which has been
specifically authorized under criteria established by an
Executive order or an Act of Congress to be kept secret in the
interest of national defense or foreign policy; or
(B) any communication relating to a collection of information
which is not approved under this subchapter, the disclosure of
which could lead to retaliation or discrimination against the
communicator.
(f)(1) An independent regulatory agency which is administered by
2 or more members of a commission, board, or similar body, may by
majority vote void -
(A) any disapproval by the Director, in whole or in part, of a
proposed collection of information of that agency; or
(B) an exercise of authority under subsection (d) of section
3507 concerning that agency.
(2) The agency shall certify each vote to void such disapproval
or exercise to the Director, and explain the reasons for such vote.
The Director shall without further delay assign a control number to
such collection of information, and such vote to void the
disapproval or exercise shall be valid for a period of 3 years.
(g) The Director may not approve a collection of information for
a period in excess of 3 years.
(h)(1) If an agency decides to seek extension of the Director's
approval granted for a currently approved collection of
information, the agency shall -
(A) conduct the review established under section 3506(c),
including the seeking of comment from the public on the continued
need for, and burden imposed by the collection of information;
and
(B) after having made a reasonable effort to seek public
comment, but no later than 60 days before the expiration date of
the control number assigned by the Director for the currently
approved collection of information, submit the collection of
information for review and approval under this section, which
shall include an explanation of how the agency has used the
information that it has collected.
(2) If under the provisions of this section, the Director
disapproves a collection of information contained in an existing
rule, or recommends or instructs the agency to make a substantive
or material change to a collection of information contained in an
existing rule, the Director shall -
(A) publish an explanation thereof in the Federal Register; and
(B) instruct the agency to undertake a rulemaking within a
reasonable time limited to consideration of changes to the
collection of information contained in the rule and thereafter to
submit the collection of information for approval or disapproval
under this subchapter.
(3) An agency may not make a substantive or material modification
to a collection of information after such collection has been
approved by the Director, unless the modification has been
submitted to the Director for review and approval under this
subchapter.
(i)(1) If the Director finds that a senior official of an agency
designated under section 3506(a) is sufficiently independent of
program responsibility to evaluate fairly whether proposed
collections of information should be approved and has sufficient
resources to carry out this responsibility effectively, the
Director may, by rule in accordance with the notice and comment
provisions of chapter 5 of title 5, United States Code, delegate to
such official the authority to approve proposed collections of
information in specific program areas, for specific purposes, or
for all agency purposes.
(2) A delegation by the Director under this section shall not
preclude the Director from reviewing individual collections of
information if the Director determines that circumstances warrant
such a review. The Director shall retain authority to revoke such
delegations, both in general and with regard to any specific
matter. In acting for the Director, any official to whom approval
authority has been delegated under this section shall comply fully
with the rules and regulations promulgated by the Director.
(j)(1) The agency head may request the Director to authorize a
collection of information, if an agency head determines that -
(A) a collection of information -
(i) is needed prior to the expiration of time periods
established under this subchapter; and
(ii) is essential to the mission of the agency; and
(B) the agency cannot reasonably comply with the provisions of
this subchapter because -
(i) public harm is reasonably likely to result if normal
clearance procedures are followed;
(ii) an unanticipated event has occurred; or
(iii) the use of normal clearance procedures is reasonably
likely to prevent or disrupt the collection of information or
is reasonably likely to cause a statutory or court ordered
deadline to be missed.
(2) The Director shall approve or disapprove any such
authorization request within the time requested by the agency head
and, if approved, shall assign the collection of information a
control number. Any collection of information conducted under this
subsection may be conducted without compliance with the provisions
of this subchapter for a maximum of 180 days after the date on
which the Director received the request to authorize such
collection.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 176; amended
Pub. L. 104-106, div. E, title LVI, Sec. 5605(d), Feb. 10, 1996,
110 Stat. 700; Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.
1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275.)
-MISC1-
PRIOR PROVISIONS
A prior section 3507, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2819; amended Pub. L. 99-500, Sec. 101(m) [title
VIII, Sec. 817], Oct. 18, 1986, 100 Stat. 1783-308, 1783-338, and
Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 817], Oct. 30, 1986,
100 Stat. 3341-308, 3341-338, related to submission to Director of
public information collection request for an approval or delegation
to a senior official of an agency prior to the general amendment of
this chapter by Pub. L. 104-13.
Another prior section 3507, Pub. L. 90-620, Oct. 22, 1968, 82
Stat. 1304, provided for cooperation of agencies in making
information available, prior to the general amendment of this
chapter by Pub. L. 96-511. See section 3510(a) of this title.
AMENDMENTS
2000 - Subsecs. (e)(3)(B), (h), (j). Pub. L. 106-398 substituted
"subchapter" for "chapter" wherever appearing.
1996 - Subsec. (j)(2). Pub. L. 104-106 substituted "180 days" for
"90 days".
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L.
106-398, set out as an Effective Date note under section 3531 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,
1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.
702.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3506, 3509 of this title;
title 42 sections 242k, 14953.
-End-
-CITE-
44 USC Sec. 3508 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3508. Determination of necessity for information; hearing
-STATUTE-
Before approving a proposed collection of information, the
Director shall determine whether the collection of information by
the agency is necessary for the proper performance of the functions
of the agency, including whether the information shall have
practical utility. Before making a determination the Director may
give the agency and other interested persons an opportunity to be
heard or to submit statements in writing. To the extent, if any,
that the Director determines that the collection of information by
an agency is unnecessary for any reason, the agency may not engage
in the collection of information.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 179.)
-MISC1-
PRIOR PROVISIONS
A prior section 3508, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2821, related to determination of whether collection
of information is necessary for proper performance of functions of
agency prior to the general amendment of this chapter by Pub. L.
104-13.
Another prior section 3508, Pub. L. 90-620, Oct. 22, 1968, 82
Stat. 1304, related to unlawful disclosure of information,
penalties, and release of information to other agencies, prior to
the general amendment of this chapter by Pub. L. 96-511. See
section 3510(b) of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3507 of this title.
-End-
-CITE-
44 USC Sec. 3509 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3509. Designation of central collection agency
-STATUTE-
The Director may designate a central collection agency to obtain
information for two or more agencies if the Director determines
that the needs of such agencies for information will be adequately
served by a single collection agency, and such sharing of data is
not inconsistent with applicable law. In such cases the Director
shall prescribe (with reference to the collection of information)
the duties and functions of the collection agency so designated and
of the agencies for which it is to act as agent (including
reimbursement for costs). While the designation is in effect, an
agency covered by the designation may not obtain for itself
information for the agency which is the duty of the collection
agency to obtain. The Director may modify the designation from time
to time as circumstances require. The authority to designate under
this section is subject to the provisions of section 3507(f) of
this subchapter.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 180; amended
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
2000, 114 Stat. 1654, 1654A-275.)
-MISC1-
PRIOR PROVISIONS
A prior section 3509, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2821, related to designation of central collection
agency prior to the general amendment of this chapter by Pub. L.
104-13.
Another prior section 3509, Pub. L. 90-620, Oct. 22, 1968, 82
Stat. 1304, related to plans or forms for collecting information,
submission to Director, and his approval, prior to the general
amendment of this chapter by Pub. L. 96-511.
AMENDMENTS
2000 - Pub. L. 106-398 substituted "subchapter" for "chapter".
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L.
106-398, set out as an Effective Date note under section 3531 of
this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 42 section 242k.
-End-
-CITE-
44 USC Sec. 3510 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3510. Cooperation of agencies in making information available
-STATUTE-
(a) The Director may direct an agency to make available to
another agency, or an agency may make available to another agency,
information obtained by a collection of information if the
disclosure is not inconsistent with applicable law.
(b)(1) If information obtained by an agency is released by that
agency to another agency, all the provisions of law (including
penalties) that relate to the unlawful disclosure of information
apply to the officers and employees of the agency to which
information is released to the same extent and in the same manner
as the provisions apply to the officers and employees of the agency
which originally obtained the information.
(2) The officers and employees of the agency to which the
information is released, in addition, shall be subject to the same
provisions of law, including penalties, relating to the unlawful
disclosure of information as if the information had been collected
directly by that agency.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 180.)
-MISC1-
PRIOR PROVISIONS
A prior section 3510, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2822, related to cooperation of agencies in making
information available prior to the general amendment of this
chapter by Pub. L. 104-13.
Another prior section 3510, Pub. L. 90-620, Oct. 22, 1968, 82
Stat. 1305, authorized promulgation of rules and regulations, prior
to the general amendment of this chapter by Pub. L. 96-511. See
section 3516 of this title.
-End-
-CITE-
44 USC Sec. 3511 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3511. Establishment and operation of Government Information
Locator Service
-STATUTE-
(a) In order to assist agencies and the public in locating
information and to promote information sharing and equitable access
by the public, the Director shall -
(1) cause to be established and maintained a distributed
agency-based electronic Government Information Locator Service
(hereafter in this section referred to as the "Service"), which
shall identify the major information systems, holdings, and
dissemination products of each agency;
(2) require each agency to establish and maintain an agency
information locator service as a component of, and to support the
establishment and operation of the Service;
(3) in cooperation with the Archivist of the United States, the
Administrator of General Services, the Public Printer, and the
Librarian of Congress, establish an interagency committee to
advise the Secretary of Commerce on the development of technical
standards for the Service to ensure compatibility, promote
information sharing, and uniform access by the public;
(4) consider public access and other user needs in the
establishment and operation of the Service;
(5) ensure the security and integrity of the Service, including
measures to ensure that only information which is intended to be
disclosed to the public is disclosed through the Service; and
(6) periodically review the development and effectiveness of
the Service and make recommendations for improvement, including
other mechanisms for improving public access to Federal agency
public information.
(b) This section shall not apply to operational files as defined
by the Central Intelligence Agency Information Act (50 U.S.C. 431
et seq.).
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 180.)
-REFTEXT-
REFERENCES IN TEXT
The Central Intelligence Agency Information Act, referred to in
subsec. (b), is Pub. L. 98-477, Oct. 15, 1984, 98 Stat. 2209, which
is classified principally to subchapter V (Sec. 431 et seq.) of
chapter 15 of Title 50, War and National Defense. For complete
classification of this Act to the Code, see Short Title of 1984
Amendment note set out under section 401 of Title 50 and Tables.
-MISC1-
PRIOR PROVISIONS
A prior section 3511, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2822; amended Pub. L. 99-500, Sec. 101(m) [title
VIII, Sec. 818], Oct. 18, 1986, 100 Stat. 1783-308, 1783-339, and
Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 818], Oct. 30, 1986,
100 Stat. 3341-308, 3341-339, related to establishment and
operation of a Federal Information Locator System prior to the
general amendment of this chapter by Pub. L. 104-13.
Another prior section 3511, Pub. L. 90-620, Oct. 22, 1968, 82
Stat. 1305, provided for penalty for failure to furnish
information, prior to the general amendment of this chapter by Pub.
L. 96-511.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3506 of this title.
-End-
-CITE-
44 USC Sec. 3512 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3512. Public protection
-STATUTE-
(a) Notwithstanding any other provision of law, no person shall
be subject to any penalty for failing to comply with a collection
of information that is subject to this subchapter if -
(1) the collection of information does not display a valid
control number assigned by the Director in accordance with this
subchapter; or
(2) the agency fails to inform the person who is to respond to
the collection of information that such person is not required to
respond to the collection of information unless it displays a
valid control number.
(b) The protection provided by this section may be raised in the
form of a complete defense, bar, or otherwise at any time during
the agency administrative process or judicial action applicable
thereto.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 181; amended
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
2000, 114 Stat. 1654, 1654A-275.)
-MISC1-
PRIOR PROVISIONS
A prior section 3512, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2822, related to protection of persons failing to
maintain or provide information if information collection request
did not display current control number prior to the general
amendment of this chapter by Pub. L. 104-13.
Another prior section 3512, added Pub. L. 93-153, title IV, Sec.
409(b), Nov. 16, 1973, 87 Stat. 593, related to information for
independent regulatory agencies, prior to the general amendment of
this chapter by Pub. L. 96-511.
AMENDMENTS
2000 - Subsec. (a). Pub. L. 106-398 substituted "subchapter" for
"chapter" in introductory provisions and par. (1).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L.
106-398, set out as an Effective Date note under section 3531 of
this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 15 section 57b-2; title 31
section 3811; title 42 section 14953.
-End-
-CITE-
44 USC Sec. 3513 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3513. Director review of agency activities; reporting; agency
response
-STATUTE-
(a) In consultation with the Administrator of General Services,
the Archivist of the United States, the Director of the National
Institute of Standards and Technology, and the Director of the
Office of Personnel Management, the Director shall periodically
review selected agency information resources management activities
to ascertain the efficiency and effectiveness of such activities to
improve agency performance and the accomplishment of agency
missions.
(b) Each agency having an activity reviewed under subsection (a)
shall, within 60 days after receipt of a report on the review,
provide a written plan to the Director describing steps (including
milestones) to -
(1) be taken to address information resources management
problems identified in the report; and
(2) improve agency performance and the accomplishment of agency
missions.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 181.)
-MISC1-
PRIOR PROVISIONS
A prior section 3513, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2822; amended Pub. L. 98-497, title I, Sec.
107(b)(27), Oct. 19, 1984, 98 Stat. 2291, related to periodic
review of agency activities by Director and report of review and
agency response to it prior to the general amendment of this
chapter by Pub. L. 104-13.
-End-
-CITE-
44 USC Sec. 3514 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3514. Responsiveness to Congress
-STATUTE-
(a)(1) The Director shall -
(A) keep the Congress and congressional committees fully and
currently informed of the major activities under this subchapter;
and
(B) submit a report on such activities to the President of the
Senate and the Speaker of the House of Representatives annually
and at such other times as the Director determines necessary.
(2) The Director shall include in any such report a description
of the extent to which agencies have -
(A) reduced information collection burdens on the public,
including -
(i) a summary of accomplishments and planned initiatives to
reduce collection of information burdens;
(ii) a list of all violations of this subchapter and of any
rules, guidelines, policies, and procedures issued pursuant to
this subchapter;
(iii) a list of any increase in the collection of information
burden, including the authority for each such collection; and
(iv) a list of agencies that in the preceding year did not
reduce information collection burdens in accordance with
section 3505(a)(1), a list of the programs and statutory
responsibilities of those agencies that precluded that
reduction, and recommendations to assist those agencies to
reduce information collection burdens in accordance with that
section;
(B) improved the quality and utility of statistical
information;
(C) improved public access to Government information; and
(D) improved program performance and the accomplishment of
agency missions through information resources management.
(b) The preparation of any report required by this section shall
be based on performance results reported by the agencies and shall
not increase the collection of information burden on persons
outside the Federal Government.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 181; amended
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
2000, 114 Stat. 1654, 1654A-275.)
-MISC1-
PRIOR PROVISIONS
A prior section 3514, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2823, and Pub. L. 99-500, Sec. 101(m) [title VIII,
Sec. 819], Oct. 18, 1986, 100 Stat. 1783-308, 1783-339, and Pub. L.
99-591, Sec. 101(m) [title VIII, Sec. 819], Oct. 30, 1986, 100
Stat. 3341-308, 3341-339, related to requirement that Director keep
Congress fully informed prior to the general amendment of this
chapter by Pub. L. 104-13.
AMENDMENTS
2000 - Subsec. (a)(1)(A), (2)(A)(ii). Pub. L. 106-398 substituted
"subchapter" for "chapter" wherever appearing.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L.
106-398, set out as an Effective Date note under section 3531 of
this title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions of law
requiring submittal to Congress of any annual, semiannual, or other
regular periodic report listed in House Document No. 103-7 (in
which the 8th item on page 41 identifies an annual reporting
requirement which, as subsequently amended, is contained in subsec.
(a) of this section), see section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money
and Finance.
-End-
-CITE-
44 USC Sec. 3515 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3515. Administrative powers
-STATUTE-
Upon the request of the Director, each agency (other than an
independent regulatory agency) shall, to the extent practicable,
make its services, personnel, and facilities available to the
Director for the performance of functions under this subchapter.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 182; amended
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
2000, 114 Stat. 1654, 1654A-275.)
-MISC1-
PRIOR PROVISIONS
A prior section 3515, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2824, related to availability of agency services,
personnel, and facilities prior to the general amendment of this
chapter by Pub. L. 104-13.
AMENDMENTS
2000 - Pub. L. 106-398 substituted "subchapter" for "chapter".
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L.
106-398, set out as an Effective Date note under section 3531 of
this title.
-End-
-CITE-
44 USC Sec. 3516 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3516. Rules and regulations
-STATUTE-
The Director shall promulgate rules, regulations, or procedures
necessary to exercise the authority provided by this subchapter.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 182; amended
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
2000, 114 Stat. 1654, 1654A-275.)
-MISC1-
PRIOR PROVISIONS
A prior section 3516, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2824, related to rules and regulations prior to the
general amendment of this chapter by Pub. L. 104-13.
AMENDMENTS
2000 - Pub. L. 106-398 substituted "subchapter" for "chapter".
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L.
106-398, set out as an Effective Date note under section 3531 of
this title.
POLICY AND PROCEDURAL GUIDELINES
Pub. L. 106-554, Sec. 1(a)(3) [title V, Sec. 515], Dec. 21, 2000,
114 Stat. 2763, 2763A-153, provided that:
"(a) In General. - The Director of the Office of Management and
Budget shall, by not later than September 30, 2001, and with public
and Federal agency involvement, issue guidelines under sections
3504(d)(1) and 3516 of title 44, United States Code, that provide
policy and procedural guidance to Federal agencies for ensuring and
maximizing the quality, objectivity, utility, and integrity of
information (including statistical information) disseminated by
Federal agencies in fulfillment of the purposes and provisions of
chapter 35 of title 44, United States Code, commonly referred to as
the Paperwork Reduction Act.
"(b) Content of Guidelines. - The guidelines under subsection (a)
shall -
"(1) apply to the sharing by Federal agencies of, and access
to, information disseminated by Federal agencies; and
"(2) require that each Federal agency to which the guidelines
apply -
"(A) issue guidelines ensuring and maximizing the quality,
objectivity, utility, and integrity of information (including
statistical information) disseminated by the agency, by not
later than 1 year after the date of issuance of the guidelines
under subsection (a);
"(B) establish administrative mechanisms allowing affected
persons to seek and obtain correction of information maintained
and disseminated by the agency that does not comply with the
guidelines issued under subsection (a); and
"(C) report periodically to the Director -
"(i) the number and nature of complaints received by the
agency regarding the accuracy of information disseminated by
the agency; and
"(ii) how such complaints were handled by the agency."
-End-
-CITE-
44 USC Sec. 3517 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3517. Consultation with other agencies and the public
-STATUTE-
(a) In developing information resources management policies,
plans, rules, regulations, procedures, and guidelines and in
reviewing collections of information, the Director shall provide
interested agencies and persons early and meaningful opportunity to
comment.
(b) Any person may request the Director to review any collection
of information conducted by or for an agency to determine, if,
under this subchapter, a person shall maintain, provide, or
disclose the information to or for the agency. Unless the request
is frivolous, the Director shall, in coordination with the agency
responsible for the collection of information -
(1) respond to the request within 60 days after receiving the
request, unless such period is extended by the Director to a
specified date and the person making the request is given notice
of such extension; and
(2) take appropriate remedial action, if necessary.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 182; amended
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30,
2000, 114 Stat. 1654, 1654A-275.)
-MISC1-
PRIOR PROVISIONS
A prior section 3517, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2824, related to consultation with other agencies
and the public prior to the general amendment of this chapter by
Pub. L. 104-13.
AMENDMENTS
2000 - Subsec. (b). Pub. L. 106-398 substituted "subchapter" for
"chapter" in introductory provisions.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L.
106-398, set out as an Effective Date note under section 3531 of
this title.
-End-
-CITE-
44 USC Sec. 3518 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3518. Effect on existing laws and regulations
-STATUTE-
(a) Except as otherwise provided in this subchapter, the
authority of an agency under any other law to prescribe policies,
rules, regulations, and procedures for Federal information
resources management activities is subject to the authority of the
Director under this subchapter.
(b) Nothing in this subchapter shall be deemed to affect or
reduce the authority of the Secretary of Commerce or the Director
of the Office of Management and Budget pursuant to Reorganization
Plan No. 1 of 1977 (as amended) and Executive order, relating to
telecommunications and information policy, procurement and
management of telecommunications and information systems, spectrum
use, and related matters.
(c)(1) Except as provided in paragraph (2), this subchapter shall
not apply to the collection of information -
(A) during the conduct of a Federal criminal investigation or
prosecution, or during the disposition of a particular criminal
matter;
(B) during the conduct of -
(i) a civil action to which the United States or any official
or agency thereof is a party; or
(ii) an administrative action or investigation involving an
agency against specific individuals or entities;
(C) by compulsory process pursuant to the Antitrust Civil
Process Act and section 13 of the Federal Trade Commission
Improvements Act of 1980; or
(D) during the conduct of intelligence activities as defined in
section 3.4(e) of Executive Order No. 12333, issued December 4,
1981, or successor orders, or during the conduct of cryptologic
activities that are communications security activities.
(2) This subchapter applies to the collection of information
during the conduct of general investigations (other than
information collected in an antitrust investigation to the extent
provided in subparagraph (C) of paragraph (1)) undertaken with
reference to a category of individuals or entities such as a class
of licensees or an entire industry.
(d) Nothing in this subchapter shall be interpreted as increasing
or decreasing the authority conferred by sections 11331 and 11332
(!1) of title 40 on the Secretary of Commerce or the Director of
the Office of Management and Budget.
(e) Nothing in this subchapter shall be interpreted as increasing
or decreasing the authority of the President, the Office of
Management and Budget or the Director thereof, under the laws of
the United States, with respect to the substantive policies and
programs of departments, agencies and offices, including the
substantive authority of any Federal agency to enforce the civil
rights laws.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 183; amended
Pub. L. 104-106, div. E, title LI, Sec. 5131(e)(2), Feb. 10, 1996,
110 Stat. 688; Pub. L. 105-85, div. A, title X, Sec. 1073(h)(5)(C),
Nov. 18, 1997, 111 Stat. 1907; Pub. L. 106-398, Sec. 1 [[div. A],
title X, Sec. 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275;
Pub. L. 107-217, Sec. 3(l)(7), Aug. 21, 2002, 116 Stat. 1302.)
-REFTEXT-
REFERENCES IN TEXT
Reorganization Plan No. 1 of 1977, referred to in subsec. (b), is
set out in the Appendix to Title 5, Government Organization and
Employees.
Executive order, referred to in subsec. (b), probably means Ex.
Ord. No. 12046, Mar. 27, 1978, 43 F.R. 13349, which is set out as a
note under section 305 of Title 47, Telegraphs, Telephones, and
Radiotelegraphs.
The Antitrust Civil Process Act, referred to in subsec.
(c)(1)(C), is Pub. L. 87-664, Sept. 19, 1962, 76 Stat. 548, as
amended, which is classified generally to chapter 34 (Sec. 1311 et
seq.) of Title 15, Commerce and Trade. For complete classification
of this Act to the Code, see Short Title note set out under section
1311 of Title 15 and Tables.
Section 13 of the Federal Trade Commission Improvements Act of
1980, referred to in subsec. (c)(1)(C), is classified to section
57b-1 of Title 15.
Executive Order No. 12333, referred to in subsec. (c)(1)(D), is
Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, which is set out
as a note under section 401 of Title 50, War and National Defense.
Section 11332 of title 40, referred to in subsec. (d), was
repealed by Pub. L. 107-296, title X, Sec. 1005(a)(1), Nov. 25,
2002, 116 Stat. 2272, and Pub. L. 107-347, title III, Sec. 305(a),
Dec. 17, 2002, 116 Stat. 2960.
The civil rights laws, referred to in subsec. (e), are classified
generally to chapter 21 (Sec. 1981 et seq.) of Title 42, The Public
Health and Welfare.
-MISC1-
PRIOR PROVISIONS
A prior section 3518, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2824, related to the effect on existing laws and
regulations prior to the general amendment of this chapter by Pub.
L. 104-13.
AMENDMENTS
2002 - Subsec. (d). Pub. L. 107-217 substituted "sections 11331
and 11332 of title 40" for "section 5131 of the Clinger-Cohen Act
of 1996 (40 U.S.C. 1441) and the Computer Security Act of 1987 (40
U.S.C. 759 note)".
2000 - Pub. L. 106-398 substituted "subchapter" for "chapter"
wherever appearing.
1997 - Subsec. (d). Pub. L. 105-85 substituted "Clinger-Cohen Act
of 1996 (40 U.S.C. 1441)" for "Information Technology Management
Reform Act of 1996".
1996 - Subsec. (d). Pub. L. 104-106 substituted "section 5131 of
the Information Technology Management Reform Act of 1996 and the
Computer Security Act of 1987 (40 U.S.C. 759 note) on the Secretary
of Commerce or" for "Public Law 89-306 on the Administrator of the
General Services Administration, the Secretary of Commerce, or".
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L.
106-398, set out as an Effective Date note under section 3531 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-106 effective 180 days after Feb. 10,
1996, see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat.
702.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3502 of this title; title
5 section 601.
-FOOTNOTE-
(!1) See References in Text note below.
-End-
-CITE-
44 USC Sec. 3519 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3519. Access to information
-STATUTE-
Under the conditions and procedures prescribed in section 716 of
title 31, the Director and personnel in the Office of Information
and Regulatory Affairs shall furnish such information as the
Comptroller General may require for the discharge of the
responsibilities of the Comptroller General. For the purpose of
obtaining such information, the Comptroller General or
representatives thereof shall have access to all books, documents,
papers and records, regardless of form or format, of the Office.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 183.)
-MISC1-
PRIOR PROVISIONS
A prior section 3519, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2825; amended Pub. L. 97-258, Sec. 3(m)(3), Sept.
13, 1982, 96 Stat. 1066, related to access to information prior to
the general amendment of this chapter by Pub. L. 104-13.
-End-
-CITE-
44 USC Sec. 3520 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3520. Establishment of task force on information collection
and dissemination
-STATUTE-
(a) There is established a task force to study the feasibility of
streamlining requirements with respect to small business concerns
regarding collection of information and strengthening dissemination
of information (in this section referred to as the "task force").
(b)(1) The Director shall determine -
(A) subject to the minimum requirements under paragraph (2),
the number of representatives to be designated under each
subparagraph of that paragraph; and
(B) the agencies to be represented under paragraph (2)(K).
(2) After all determinations are made under paragraph (1), the
members of the task force shall be designated by the head of each
applicable department or agency, and include -
(A) 1 representative of the Director, who shall convene and
chair the task force;
(B) not less than 2 representatives of the Department of Labor,
including 1 representative of the Bureau of Labor Statistics and
1 representative of the Occupational Safety and Health
Administration;
(C) not less than 1 representative of the Environmental
Protection Agency;
(D) not less than 1 representative of the Department of
Transportation;
(E) not less than 1 representative of the Office of Advocacy of
the Small Business Administration;
(F) not less than 1 representative of the Internal Revenue
Service;
(G) not less than 2 representatives of the Department of Health
and Human Services, including 1 representative of the Centers for
Medicare and Medicaid Services;
(H) not less than 1 representative of the Department of
Agriculture;
(I) not less than 1 representative of the Department of the
Interior;
(J) not less than 1 representative of the General Services
Administration; and
(K) not less than 1 representative of each of 2 agencies not
represented by representatives described under subparagraphs (A)
through (J).
(c) The task force shall -
(1) identify ways to integrate the collection of information
across Federal agencies and programs and examine the feasibility
and desirability of requiring each agency to consolidate
requirements regarding collections of information with respect to
small business concerns within and across agencies, without
negatively impacting the effectiveness of underlying laws and
regulations regarding such collections of information, in order
that each small business concern may submit all information
required by the agency -
(A) to 1 point of contact in the agency;
(B) in a single format, such as a single electronic reporting
system, with respect to the agency; and
(C) with synchronized reporting for information submissions
having the same frequency, such as synchronized quarterly,
semiannual, and annual reporting dates;
(2) examine the feasibility and benefits to small businesses of
publishing a list by the Director of the collections of
information applicable to small business concerns (as defined in
section 3 of the Small Business Act (15 U.S.C. 632)), organized -
(A) by North American Industry Classification System code;
(B) by industrial sector description; or
(C) in another manner by which small business concerns can
more easily identify requirements with which those small
business concerns are expected to comply;
(3) examine the savings, including cost savings, and develop
recommendations for implementing -
(A) systems for electronic submissions of information to the
Federal Government; and
(B) interactive reporting systems, including components that
provide immediate feedback to assure that data being submitted
-
(i) meet requirements of format; and
(ii) are within the range of acceptable options for each
data field;
(4) make recommendations to improve the electronic
dissemination of information collected under Federal
requirements;
(5) recommend a plan for the development of an interactive
Governmentwide system, available through the Internet, to allow
each small business to -
(A) better understand which Federal requirements regarding
collection of information (and, when possible, which other
Federal regulatory requirements) apply to that particular
business; and
(B) more easily comply with those Federal requirements; and
(6) in carrying out this section, consider opportunities for
the coordination -
(A) of Federal and State reporting requirements; and
(B) among the points of contact described under section
3506(i), such as to enable agencies to provide small business
concerns with contacts for information collection requirements
for other agencies.
(d) The task force shall -
(1) by publication in the Federal Register, provide notice and
an opportunity for public comment on each report in draft form;
and
(2) make provision in each report for the inclusion of -
(A) any additional or dissenting views of task force members;
and
(B) a summary of significant public comments.
(e) Not later than 1 year after the date of enactment of the
Small Business Paperwork Relief Act of 2002, the task force shall
submit a report of its findings under subsection (c) (1), (2), and
(3) to -
(1) the Director;
(2) the chairpersons and ranking minority members of -
(A) the Committee on Governmental Affairs and the Committee
on Small Business and Entrepreneurship of the Senate; and
(B) the Committee on Government Reform and the Committee on
Small Business of the House of Representatives; and
(3) the Small Business and Agriculture Regulatory Enforcement
Ombudsman designated under section 30(b) of the Small Business
Act (15 U.S.C. 657(b)).
(f) Not later than 2 years after the date of enactment of the
Small Business Paperwork Relief Act of 2002, the task force shall
submit a report of its findings under subsection (c) (4) and (5) to
-
(1) the Director;
(2) the chairpersons and ranking minority members of -
(A) the Committee on Governmental Affairs and the Committee
on Small Business and Entrepreneurship of the Senate; and
(B) the Committee on Government Reform and the Committee on
Small Business of the House of Representatives; and
(3) the Small Business and Agriculture Regulatory Enforcement
Ombudsman designated under section 30(b) of the Small Business
Act (15 U.S.C. 657(b)).
(g) The task force shall terminate after completion of its work.
(h) In this section, the term "small business concern" has the
meaning given under section 3 of the Small Business Act (15 U.S.C.
632).
-SOURCE-
(Added Pub. L. 107-198, Sec. 3(a)(2), June 28, 2002, 116 Stat.
730.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of the Small Business Paperwork Relief Act
of 2002, referred to in subsecs. (e) and (f), is the date of
enactment of Pub. L. 107-198, which was approved June 28, 2002.
-MISC1-
PRIOR PROVISIONS
A prior section 3520 was renumbered section 3521 of this title.
Another prior section 3520, added Pub. L. 96-511, Sec. 2(a), Dec.
11, 1980, 94 Stat. 2825; amended Pub. L. 99-500, Sec. 101(m) [title
VIII, Sec. 820], Oct. 18, 1986, 100 Stat. 1783-308, 1783-340, and
Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 820], Oct. 30, 1986,
100 Stat. 3341-308, 3341-340, related to authorization of
appropriations prior to the general amendment of this chapter by
Pub. L. 104-13.
-End-
-CITE-
44 USC Sec. 3521 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I - FEDERAL INFORMATION POLICY
-HEAD-
Sec. 3521. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated to the Office of
Information and Regulatory Affairs to carry out the provisions of
this subchapter, and for no other purpose, $8,000,000 for each of
the fiscal years 1996, 1997, 1998, 1999, 2000, and 2001.
-SOURCE-
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 184, Sec.
3520; amended Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec.
1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-275; renumbered Sec.
3521, Pub. L. 107-198, Sec. 3(a)(1), June 28, 2002, 116 Stat. 730.)
-MISC1-
AMENDMENTS
2002 - Pub. L. 107-198 renumbered section 3520 of this title as
this section.
2000 - Pub. L. 106-398 substituted "subchapter" for "chapter".
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30,
2000, see section 1 [[div. A], title X, Sec. 1065] of Pub. L.
106-398, set out as an Effective Date note under section 3531 of
this title.
EFFECTIVE DATE
Section effective May 22, 1995, see section 4 of Pub. L. 104-13,
set out as a note under section 3501 of this title.
-End-
-CITE-
44 USC SUBCHAPTER II - INFORMATION SECURITY 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER II - INFORMATION SECURITY
-HEAD-
SUBCHAPTER II - INFORMATION SECURITY
-STATAMEND-
APPLICABILITY OF SUBCHAPTER
This subchapter not to apply while subchapter III of this chapter
is in effect, see section 3549 of this title.
-MISC1-
AMENDMENTS
2002 - Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
116 Stat. 2259, reenacted subchapter heading without change.
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 3504, 3506, 3549 of
this title; title 10 section 2224a.
-End-
-CITE-
44 USC Sec. 3531 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER II - INFORMATION SECURITY
-HEAD-
Sec. 3531. Purposes
-STATUTE-
The purposes of this subchapter are to -
(1) provide a comprehensive framework for ensuring the
effectiveness of information security controls over information
resources that support Federal operations and assets;
(2) recognize the highly networked nature of the current
Federal computing environment and provide effective
governmentwide management and oversight of the related
information security risks, including coordination of information
security efforts throughout the civilian, national security, and
law enforcement communities;
(3) provide for development and maintenance of minimum controls
required to protect Federal information and information systems;
(4) provide a mechanism for improved oversight of Federal
agency information security programs;
(5) acknowledge that commercially developed information
security products offer advanced, dynamic, robust, and effective
information security solutions, reflecting market solutions for
the protection of critical information infrastructures important
to the national defense and economic security of the nation that
are designed, built, and operated by the private sector; and
(6) recognize that the selection of specific technical hardware
and software information security solutions should be left to
individual agencies from among commercially developed products.
-SOURCE-
(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
116 Stat. 2259.)
-STATAMEND-
APPLICABILITY OF SECTION
This section not to apply while subchapter III of this chapter is
in effect, see section 3549 of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 3531, added Pub. L. 106-398, Sec. 1 [[div. A],
title X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-266, set
forth purposes of this subchapter prior to the general amendment of
this subchapter by Pub. L. 107-296.
EFFECTIVE DATE
Subchapter effective 60 days after Nov. 25, 2002, see section 4
of Pub. L. 107-296, set out as a note under section 101 of Title 6,
Domestic Security.
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1065], Oct. 30,
2000, 114 Stat. 1654, 1654A-275, which provided that subtitle G
(Secs. 1061-1065) of title X of [div. A] of H.R. 5408, as enacted
by section 1 of Pub. L. 106-398, enacting this subchapter, amending
sections 3501 to 3507, 3509, 3512, 3514 to 3518, and 3520 of this
title, and section 2224 of Title 10, Armed Forces, and enacting
provisions formerly set out as a note below , would take effect 30
days after Oct. 30, 2000, was repealed by Pub. L. 107-296, title X,
Sec. 1005(b), Nov. 25, 2002, 116 Stat. 2272.
RESPONSIBILITIES OF CERTAIN AGENCIES
Pub. L. 106-398, Sec. 1 [[div. A], title X, Sec. 1062], Oct. 30,
2000, 114 Stat. 1654, 1654A-272, which set forth responsibilities
of Department of Commerce, Department of Defense, Intelligence
Community, Department of Justice, General Services Administration,
and Office of Personnel Management relating to development,
issuance, review, and updating of information security policies,
principles, standards, and guidelines, including assessment of
training and personnel needs, was repealed by Pub. L. 107-296,
title X, Sec. 1005(b), Nov. 25, 2002, 116 Stat. 2272, and Pub. L.
107-347, title III, Sec. 305(b), Dec. 17, 2002, 116 Stat. 2960.
-End-
-CITE-
44 USC Sec. 3532 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER II - INFORMATION SECURITY
-HEAD-
Sec. 3532. Definitions
-STATUTE-
(a) In General. - Except as provided under subsection (b), the
definitions under section 3502 shall apply to this subchapter.
(b) Additional Definitions. - As used in this subchapter -
(1) the term "information security" means protecting
information and information systems from unauthorized access,
use, disclosure, disruption, modification, or destruction in
order to provide -
(A) integrity, which means guarding against improper
information modification or destruction, and includes ensuring
information nonrepudiation and authenticity;
(B) confidentiality, which means preserving authorized
restrictions on access and disclosure, including means for
protecting personal privacy and proprietary information;
(C) availability, which means ensuring timely and reliable
access to and use of information; and
(D) authentication, which means utilizing digital credentials
to assure the identity of users and validate their access;
(2) the term "national security system" means any information
system (including any telecommunications system) used or operated
by an agency or by a contractor of an agency, or other
organization on behalf of an agency, the function, operation, or
use of which -
(A) involves intelligence activities;
(B) involves cryptologic activities related to national
security;
(C) involves command and control of military forces;
(D) involves equipment that is an integral part of a weapon
or weapons system; or
(E) is critical to the direct fulfillment of military or
intelligence missions provided that this definition does not
apply to a system that is used for routine administrative and
business applications (including payroll, finance, logistics,
and personnel management applications);
(3) the term "information technology" has the meaning given
that term in section 11101 of title 40; and
(4) the term "information system" means any equipment or
interconnected system or subsystems of equipment that is used in
the automatic acquisition, storage, manipulation, management,
movement, control, display, switching, interchange, transmission,
or reception of data or information, and includes -
(A) computers and computer networks;
(B) ancillary equipment;
(C) software, firmware, and related procedures;
(D) services, including support services; and
(E) related resources.
-SOURCE-
(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
116 Stat. 2260.)
-STATAMEND-
APPLICABILITY OF SECTION
This section not to apply while subchapter III of this chapter is
in effect, see section 3549 of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 3532, added Pub. L. 106-398, Sec. 1 [[div. A],
title X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-266,
related to definitions applicable to this subchapter prior to the
general amendment of this subchapter by Pub. L. 107-296.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 6 section 511; title 15
section 278g-3.
-End-
-CITE-
44 USC Sec. 3533 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER II - INFORMATION SECURITY
-HEAD-
Sec. 3533. Authority and functions of the Director
-STATUTE-
(a) The Director shall oversee agency information security
policies and practices, by -
(1) promulgating information security standards under section
11331 of title 40;
(2) overseeing the implementation of policies, principles,
standards, and guidelines on information security;
(3) requiring agencies, consistent with the standards
promulgated under such section 11331 and the requirements of this
subchapter, to identify and provide information security
protections commensurate with the risk and magnitude of the harm
resulting from the unauthorized access, use, disclosure,
disruption, modification, or destruction of -
(A) information collected or maintained by or on behalf of an
agency; or
(B) information systems used or operated by an agency or by a
contractor of an agency or other organization on behalf of an
agency;
(4) coordinating the development of standards and guidelines
under section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) with agencies and offices
operating or exercising control of national security systems
(including the National Security Agency) to assure, to the
maximum extent feasible, that such standards and guidelines are
complementary with standards and guidelines developed for
national security systems;
(5) overseeing agency compliance with the requirements of this
subchapter, including through any authorized action under section
11303(b)(5) of title 40, to enforce accountability for compliance
with such requirements;
(6) reviewing at least annually, and approving or disapproving,
agency information security programs required under section
3534(b);
(7) coordinating information security policies and procedures
with related information resources management policies and
procedures; and
(8) reporting to Congress no later than March 1 of each year on
agency compliance with the requirements of this subchapter,
including -
(A) a summary of the findings of evaluations required by
section 3535;
(B) significant deficiencies in agency information security
practices;
(C) planned remedial action to address such deficiencies; and
(D) a summary of, and the views of the Director on, the
report prepared by the National Institute of Standards and
Technology under section 20(d)(9) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3).
(b) Except for the authorities described in paragraphs (4) and
(7) of subsection (a), the authorities of the Director under this
section shall not apply to national security systems.
-SOURCE-
(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
116 Stat. 2261.)
-STATAMEND-
APPLICABILITY OF SECTION
This section not to apply while subchapter III of this chapter is
in effect, see section 3549 of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 3533, added Pub. L. 106-398, Sec. 1 [[div. A],
title X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-266, set
forth authority and functions of the Director prior to the general
amendment of this subchapter by Pub. L. 107-296.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3534, 3535 of this title.
-End-
-CITE-
44 USC Sec. 3534 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER II - INFORMATION SECURITY
-HEAD-
Sec. 3534. Federal agency responsibilities
-STATUTE-
(a) The head of each agency shall -
(1) be responsible for -
(A) providing information security protections commensurate
with the risk and magnitude of the harm resulting from
unauthorized access, use, disclosure, disruption, modification,
or destruction of -
(i) information collected or maintained by or on behalf of
the agency; and
(ii) information systems used or operated by an agency or
by a contractor of an agency or other organization on behalf
of an agency;
(B) complying with the requirements of this subchapter and
related policies, procedures, standards, and guidelines,
including -
(i) information security standards promulgated by the
Director under section 11331 of title 40; and
(ii) information security standards and guidelines for
national security systems issued in accordance with law and
as directed by the President; and
(C) ensuring that information security management processes
are integrated with agency strategic and operational planning
processes;
(2) ensure that senior agency officials provide information
security for the information and information systems that support
the operations and assets under their control, including through
-
(A) assessing the risk and magnitude of the harm that could
result from the unauthorized access, use, disclosure,
disruption, modification, or destruction of such information or
information systems;
(B) determining the levels of information security
appropriate to protect such information and information systems
in accordance with standards promulgated under section 11331 of
title 40 for information security classifications and related
requirements;
(C) implementing policies and procedures to cost-effectively
reduce risks to an acceptable level; and
(D) periodically testing and evaluating information security
controls and techniques to ensure that they are effectively
implemented;
(3) delegate to the agency Chief Information Officer
established under section 3506 (or comparable official in an
agency not covered by such section) the authority to ensure
compliance with the requirements imposed on the agency under this
subchapter, including -
(A) designating a senior agency information security officer
who shall -
(i) carry out the Chief Information Officer's
responsibilities under this section;
(ii) possess professional qualifications, including
training and experience, required to administer the functions
described under this section;
(iii) have information security duties as that official's
primary duty; and
(iv) head an office with the mission and resources to
assist in ensuring agency compliance with this section;
(B) developing and maintaining an agencywide information
security program as required by subsection (b);
(C) developing and maintaining information security policies,
procedures, and control techniques to address all applicable
requirements, including those issued under section 3533 of this
title, and section 11331 of title 40;
(D) training and overseeing personnel with significant
responsibilities for information security with respect to such
responsibilities; and
(E) assisting senior agency officials concerning their
responsibilities under paragraph (2);
(4) ensure that the agency has trained personnel sufficient to
assist the agency in complying with the requirements of this
subchapter and related policies, procedures, standards, and
guidelines; and
(5) ensure that the agency Chief Information Officer, in
coordination with other senior agency officials, reports annually
to the agency head on the effectiveness of the agency information
security program, including progress of remedial actions.
(b) Each agency shall develop, document, and implement an
agencywide information security program, approved by the Director
under section 3533(a)(5), to provide information security for the
information and information systems that support the operations and
assets of the agency, including those provided or managed by
another agency, contractor, or other source, that includes -
(1) periodic assessments of the risk and magnitude of the harm
that could result from the unauthorized access, use, disclosure,
disruption, modification, or destruction of information and
information systems that support the operations and assets of the
agency;
(2) policies and procedures that -
(A) are based on the risk assessments required by paragraph
(1);
(B) cost-effectively reduce information security risks to an
acceptable level;
(C) ensure that information security is addressed throughout
the life cycle of each agency information system; and
(D) ensure compliance with -
(i) the requirements of this subchapter;
(ii) policies and procedures as may be prescribed by the
Director, and information security standards promulgated
under section 11331 of title 40;
(iii) minimally acceptable system configuration
requirements, as determined by the agency; and
(iv) any other applicable requirements, including standards
and guidelines for national security systems issued in
accordance with law and as directed by the President;
(3) subordinate plans for providing adequate information
security for networks, facilities, and systems or groups of
information systems, as appropriate;
(4) security awareness training to inform personnel, including
contractors and other users of information systems that support
the operations and assets of the agency, of -
(A) information security risks associated with their
activities; and
(B) their responsibilities in complying with agency policies
and procedures designed to reduce these risks;
(5) periodic testing and evaluation of the effectiveness of
information security policies, procedures, and practices, to be
performed with a frequency depending on risk, but no less than
annually, of which such testing -
(A) shall include testing of management, operational, and
technical controls of every information system identified in
the inventory required under section 3505(c); and
(B) may include testing relied on in a (!1) evaluation under
section 3535;
(6) a process for planning, implementing, evaluating, and
documenting remedial action to address any deficiencies in the
information security policies, procedures, and practices of the
agency;
(7) procedures for detecting, reporting, and responding to
security incidents, including -
(A) mitigating risks associated with such incidents before
substantial damage is done; and
(B) notifying and consulting with, as appropriate -
(i) law enforcement agencies and relevant Offices of
Inspector General;
(ii) an office designated by the President for any incident
involving a national security system; and
(iii) any other agency or office, in accordance with law or
as directed by the President; and
(8) plans and procedures to ensure continuity of operations for
information systems that support the operations and assets of the
agency.
(c) Each agency shall -
(1) report annually to the Director, the Committees on
Government Reform and Science of the House of Representatives,
the Committees on Governmental Affairs and Commerce, Science, and
Transportation of the Senate, the appropriate authorization and
appropriations committees of Congress, and the Comptroller
General on the adequacy and effectiveness of information security
policies, procedures, and practices, and compliance with the
requirements of this subchapter, including compliance with each
requirement of subsection (b);
(2) address the adequacy and effectiveness of information
security policies, procedures, and practices in plans and reports
relating to -
(A) annual agency budgets;
(B) information resources management under subchapter 1 (!2)
of this chapter;
(C) information technology management under subtitle III of
title 40;
(D) program performance under sections 1105 and 1115 through
1119 of title 31, and sections 2801 and 2805 of title 39;
(E) financial management under chapter 9 of title 31, and the
Chief Financial Officers Act of 1990 (31 U.S.C. 501 note;
Public Law 101-576) (and the amendments made by that Act);
(F) financial management systems under the Federal Financial
Management Improvement Act (31 U.S.C. 3512 note); and
(G) internal accounting and administrative controls under
section 3512 of title 31, United States Code,(!3) (known as the
"Federal Managers Financial Integrity Act"); and
(3) report any significant deficiency in a policy, procedure,
or practice identified under paragraph (1) or (2) -
(A) as a material weakness in reporting under section 3512 of
title 31; and
(B) if relating to financial management systems, as an
instance of a lack of substantial compliance under the Federal
Financial Management Improvement Act (31 U.S.C. 3512 note).
(d)(1) In addition to the requirements of subsection (c), each
agency, in consultation with the Director, shall include as part of
the performance plan required under section 1115 of title 31 a
description of -
(A) the time periods; and
(B) the resources, including budget, staffing, and training,
that are necessary to implement the program required under
subsection (b).
(2) The description under paragraph (1) shall be based on the
risk assessments required under subsection (b)(2)(1).
(e) Each agency shall provide the public with timely notice and
opportunities for comment on proposed information security policies
and procedures to the extent that such policies and procedures
affect communication with the public.
-SOURCE-
(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
116 Stat. 2262.)
-STATAMEND-
APPLICABILITY OF SECTION
This section not to apply while subchapter III of this chapter is
in effect, see section 3549 of this title.
-REFTEXT-
REFERENCES IN TEXT
The Chief Financial Officers Act of 1990, referred to in subsec.
(c)(2)(E), is Pub. L. 101-576, Nov. 15, 1990, 104 Stat. 2838. For
complete classification of this Act to the Code, see Short Title of
1990 Amendment note set out under section 501 of Title 31, Money
and Finance, and Tables.
The Federal Financial Management Improvement Act, referred to in
subsec. (c)(2)(F), (3)(B), probably means the Federal Financial
Management Improvement Act of 1996, Pub. L. 104-208, div. A, title
I, Sec. 101(f) [title VIII], Sept. 30, 1996, 110 Stat. 3009-314,
3009-389, which is set out as a note under section 3512 of Title
31, Money and Finance. For complete classification of this Act to
the Code, see Tables.
-MISC1-
PRIOR PROVISIONS
A prior section 3534, added Pub. L. 106-398, Sec. 1 [[div. A],
title X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-268,
related to Federal agency responsibilities prior to the general
amendment of this subchapter by Pub. L. 107-296.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3533 of this title; title
10 section 2224; title 15 section 7406.
-FOOTNOTE-
(!1) So in original. Probably should be "an".
(!2) So in original. Probably should be "I".
(!3) So in original. The comma probably should not appear.
-End-
-CITE-
44 USC Sec. 3535 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER II - INFORMATION SECURITY
-HEAD-
Sec. 3535. Annual independent evaluation
-STATUTE-
(a)(1) Each year each agency shall have performed an independent
evaluation of the information security program and practices of
that agency to determine the effectiveness of such program and
practices.
(2) Each evaluation by an agency under this section shall include
-
(A) testing of the effectiveness of information security
policies, procedures, and practices of a representative subset of
the agency's information systems;
(B) an assessment (made on the basis of the results of the
testing) of compliance with -
(i) the requirements of this subchapter; and
(ii) related information security policies, procedures,
standards, and guidelines; and
(C) separate presentations, as appropriate, regarding
information security relating to national security systems.
(b) Subject to subsection (c) -
(1) for each agency with an Inspector General appointed under
the Inspector General Act of 1978, the annual evaluation required
by this section shall be performed by the Inspector General or by
an independent external auditor, as determined by the Inspector
General of the agency; and
(2) for each agency to which paragraph (1) does not apply, the
head of the agency shall engage an independent external auditor
to perform the evaluation.
(c) For each agency operating or exercising control of a national
security system, that portion of the evaluation required by this
section directly relating to a national security system shall be
performed -
(1) only by an entity designated by the agency head; and
(2) in such a manner as to ensure appropriate protection for
information associated with any information security
vulnerability in such system commensurate with the risk and in
accordance with all applicable laws.
(d) The evaluation required by this section -
(1) shall be performed in accordance with generally accepted
government auditing standards; and
(2) may be based in whole or in part on an audit, evaluation,
or report relating to programs or practices of the applicable
agency.
(e) Each year, not later than such date established by the
Director, the head of each agency shall submit to the Director the
results of the evaluation required under this section.
(f) Agencies and evaluators shall take appropriate steps to
ensure the protection of information which, if disclosed, may
adversely affect information security. Such protections shall be
commensurate with the risk and comply with all applicable laws and
regulations.
(g)(1) The Director shall summarize the results of the
evaluations conducted under this section in the report to Congress
required under section 3533(a)(8).
(2) The Director's report to Congress under this subsection shall
summarize information regarding information security relating to
national security systems in such a manner as to ensure appropriate
protection for information associated with any information security
vulnerability in such system commensurate with the risk and in
accordance with all applicable laws.
(3) Evaluations and any other descriptions of information systems
under the authority and control of the Director of Central
Intelligence or of National Foreign Intelligence Programs systems
under the authority and control of the Secretary of Defense shall
be made available to Congress only through the appropriate
oversight committees of Congress, in accordance with applicable
laws.
(h) The Comptroller General shall periodically evaluate and
report to Congress on -
(1) the adequacy and effectiveness of agency information
security policies and practices; and
(2) implementation of the requirements of this subchapter.
-SOURCE-
(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
116 Stat. 2265.)
-STATAMEND-
APPLICABILITY OF SECTION
This section not to apply while subchapter III of this chapter is
in effect, see section 3549 of this title.
-REFTEXT-
REFERENCES IN TEXT
The Inspector General Act of 1978, referred to in subsec. (b)(1),
is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which
is set out in the Appendix to Title 5, Government Organization and
Employees.
-MISC1-
PRIOR PROVISIONS
A prior section 3535, added Pub. L. 106-398, Sec. 1 [[div. A],
title X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-271,
related to annual independent evaluation prior to the general
amendment of this subchapter by Pub. L. 107-296.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3533, 3534 of this title;
title 10 section 2224.
-End-
-CITE-
44 USC Sec. 3536 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER II - INFORMATION SECURITY
-HEAD-
Sec. 3536. National security systems
-STATUTE-
The head of each agency operating or exercising control of a
national security system shall be responsible for ensuring that the
agency -
(1) provides information security protections commensurate with
the risk and magnitude of the harm resulting from the
unauthorized access, use, disclosure, disruption, modification,
or destruction of the information contained in such system;
(2) implements information security policies and practices as
required by standards and guidelines for national security
systems, issued in accordance with law and as directed by the
President; and
(3) complies with the requirements of this subchapter.
-SOURCE-
(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
116 Stat. 2266.)
-STATAMEND-
APPLICABILITY OF SECTION
This section not to apply while subchapter III of this chapter is
in effect, see section 3549 of this title.
-MISC1-
PRIOR PROVISIONS
A prior section 3536, added Pub. L. 106-398, Sec. 1 [[div. A],
title X, Sec. 1061], Oct. 30, 2000, 114 Stat. 1654, 1654A-272;
amended Pub. L. 107-314, div. A, title X, Sec. 1052(a), Dec. 2,
2002, 116 Stat. 2648, set forth expiration date of this subchapter
prior to the general amendment of this subchapter by Pub. L.
107-296.
EFFECTIVE DATE
Section effective 60 days after Nov. 25, 2002, see section 4 of
Pub. L. 107-296, set out as a note under section 101 of Title 6,
Domestic Security.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 10 section 2224a.
-End-
-CITE-
44 USC Sec. 3537 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER II - INFORMATION SECURITY
-HEAD-
Sec. 3537. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated to carry out the
provisions of this subchapter such sums as may be necessary for
each of fiscal years 2003 through 2007.
-SOURCE-
(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
116 Stat. 2267.)
-STATAMEND-
APPLICABILITY OF SECTION
This section not to apply while subchapter III of this chapter is
in effect, see section 3549 of this title.
-End-
-CITE-
44 USC Sec. 3538 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER II - INFORMATION SECURITY
-HEAD-
Sec. 3538. Effect on existing law
-STATUTE-
Nothing in this subchapter, section 11331 of title 40, or section
20 of the National Standards (!1) and Technology Act (15 U.S.C.
278g-3) may be construed as affecting the authority of the
President, the Office of Management and Budget or the Director
thereof, the National Institute of Standards and Technology, or the
head of any agency, with respect to the authorized use or
disclosure of information, including with regard to the protection
of personal privacy under section 552a of title 5, the disclosure
of information under section 552 of title 5, the management and
disposition of records under chapters 29, 31, or 33 of title 44,
the management of information resources under subchapter I of
chapter 35 of this title, or the disclosure of information to
Congress or the Comptroller General of the United States.
-SOURCE-
(Added Pub. L. 107-296, title X, Sec. 1001(b)(1), Nov. 25, 2002,
116 Stat. 2267.)
-STATAMEND-
APPLICABILITY OF SECTION
This section not to apply while subchapter III of this chapter is
in effect, see section 3549 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "National Institute of
Standards".
-End-
-CITE-
44 USC SUBCHAPTER III - INFORMATION SECURITY 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER III - INFORMATION SECURITY
-HEAD-
SUBCHAPTER III - INFORMATION SECURITY
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in title 10 section 2224.
-End-
-CITE-
44 USC Sec. 3541 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER III - INFORMATION SECURITY
-HEAD-
Sec. 3541. Purposes
-STATUTE-
The purposes of this subchapter are to -
(1) provide a comprehensive framework for ensuring the
effectiveness of information security controls over information
resources that support Federal operations and assets;
(2) recognize the highly networked nature of the current
Federal computing environment and provide effective
governmentwide management and oversight of the related
information security risks, including coordination of information
security efforts throughout the civilian, national security, and
law enforcement communities;
(3) provide for development and maintenance of minimum controls
required to protect Federal information and information systems;
(4) provide a mechanism for improved oversight of Federal
agency information security programs;
(5) acknowledge that commercially developed information
security products offer advanced, dynamic, robust, and effective
information security solutions, reflecting market solutions for
the protection of critical information infrastructures important
to the national defense and economic security of the nation that
are designed, built, and operated by the private sector; and
(6) recognize that the selection of specific technical hardware
and software information security solutions should be left to
individual agencies from among commercially developed products.
-SOURCE-
(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
116 Stat. 2946.)
-MISC1-
EFFECTIVE DATE
Pub. L. 107-347, title IV, Sec. 402(b), Dec. 17, 2002, 116 Stat.
2962, provided that: "Title III [see Short Title of 2002 Amendments
note set out under section 101 of this title] and this title
[enacting provisions set out as a note under section 3601 of this
title] shall take effect on the date of enactment of this Act [Dec.
17, 2002]."
-End-
-CITE-
44 USC Sec. 3542 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER III - INFORMATION SECURITY
-HEAD-
Sec. 3542. Definitions
-STATUTE-
(a) In General. - Except as provided under subsection (b), the
definitions under section 3502 shall apply to this subchapter.
(b) Additional Definitions. - As used in this subchapter:
(1) The term "information security" means protecting
information and information systems from unauthorized access,
use, disclosure, disruption, modification, or destruction in
order to provide -
(A) integrity, which means guarding against improper
information modification or destruction, and includes ensuring
information nonrepudiation and authenticity;
(B) confidentiality, which means preserving authorized
restrictions on access and disclosure, including means for
protecting personal privacy and proprietary information; and
(C) availability, which means ensuring timely and reliable
access to and use of information.
(2)(A) The term "national security system" means any
information system (including any telecommunications system) used
or operated by an agency or by a contractor of an agency, or
other organization on behalf of an agency -
(i) the function, operation, or use of which -
(I) involves intelligence activities;
(II) involves cryptologic activities related to national
security;
(III) involves command and control of military forces;
(IV) involves equipment that is an integral part of a
weapon or weapons system; or
(V) subject to subparagraph (B), is critical to the direct
fulfillment of military or intelligence missions; or
(ii) is protected at all times by procedures established for
information that have been specifically authorized under
criteria established by an Executive order or an Act of
Congress to be kept classified in the interest of national
defense or foreign policy.
(B) Subparagraph (A)(i)(V) does not include a system that is to
be used for routine administrative and business applications
(including payroll, finance, logistics, and personnel management
applications).
(3) The term "information technology" has the meaning given
that term in section 11101 of title 40.
-SOURCE-
(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
116 Stat. 2947.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 15 section 278g-3; title 40
section 11331.
-End-
-CITE-
44 USC Sec. 3543 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER III - INFORMATION SECURITY
-HEAD-
Sec. 3543. Authority and functions of the Director
-STATUTE-
(a) In General. - The Director shall oversee agency information
security policies and practices, including -
(1) developing and overseeing the implementation of policies,
principles, standards, and guidelines on information security,
including through ensuring timely agency adoption of and
compliance with standards promulgated under section 11331 of
title 40;
(2) requiring agencies, consistent with the standards
promulgated under such section 11331 and the requirements of this
subchapter, to identify and provide information security
protections commensurate with the risk and magnitude of the harm
resulting from the unauthorized access, use, disclosure,
disruption, modification, or destruction of -
(A) information collected or maintained by or on behalf of an
agency; or
(B) information systems used or operated by an agency or by a
contractor of an agency or other organization on behalf of an
agency;
(3) coordinating the development of standards and guidelines
under section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) with agencies and offices
operating or exercising control of national security systems
(including the National Security Agency) to assure, to the
maximum extent feasible, that such standards and guidelines are
complementary with standards and guidelines developed for
national security systems;
(4) overseeing agency compliance with the requirements of this
subchapter, including through any authorized action under section
11303 of title 40, to enforce accountability for compliance with
such requirements;
(5) reviewing at least annually, and approving or disapproving,
agency information security programs required under section
3544(b);
(6) coordinating information security policies and procedures
with related information resources management policies and
procedures;
(7) overseeing the operation of the Federal information
security incident center required under section 3546; and
(8) reporting to Congress no later than March 1 of each year on
agency compliance with the requirements of this subchapter,
including -
(A) a summary of the findings of evaluations required by
section 3545;
(B) an assessment of the development, promulgation, and
adoption of, and compliance with, standards developed under
section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3) and promulgated under section
11331 of title 40;
(C) significant deficiencies in agency information security
practices;
(D) planned remedial action to address such deficiencies; and
(E) a summary of, and the views of the Director on, the
report prepared by the National Institute of Standards and
Technology under section 20(d)(10) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3).
(b) National Security Systems. - Except for the authorities
described in paragraphs (4) and (8) of subsection (a), the
authorities of the Director under this section shall not apply to
national security systems.
(c) Department of Defense and Central Intelligence Agency
Systems. - (1) The authorities of the Director described in
paragraphs (1) and (2) of subsection (a) shall be delegated to the
Secretary of Defense in the case of systems described in paragraph
(2) and to the Director of Central Intelligence in the case of
systems described in paragraph (3).
(2) The systems described in this paragraph are systems that are
operated by the Department of Defense, a contractor of the
Department of Defense, or another entity on behalf of the
Department of Defense that processes any information the
unauthorized access, use, disclosure, disruption, modification, or
destruction of which would have a debilitating impact on the
mission of the Department of Defense.
(3) The systems described in this paragraph are systems that are
operated by the Central Intelligence Agency, a contractor of the
Central Intelligence Agency, or another entity on behalf of the
Central Intelligence Agency that processes any information the
unauthorized access, use, disclosure, disruption, modification, or
destruction of which would have a debilitating impact on the
mission of the Central Intelligence Agency.
-SOURCE-
(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
116 Stat. 2947.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3544, 3545 of this title;
title 40 section 11331.
-End-
-CITE-
44 USC Sec. 3544 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER III - INFORMATION SECURITY
-HEAD-
Sec. 3544. Federal agency responsibilities
-STATUTE-
(a) In General. - The head of each agency shall -
(1) be responsible for -
(A) providing information security protections commensurate
with the risk and magnitude of the harm resulting from
unauthorized access, use, disclosure, disruption, modification,
or destruction of -
(i) information collected or maintained by or on behalf of
the agency; and
(ii) information systems used or operated by an agency or
by a contractor of an agency or other organization on behalf
of an agency;
(B) complying with the requirements of this subchapter and
related policies, procedures, standards, and guidelines,
including -
(i) information security standards promulgated under
section 11331 of title 40; and
(ii) information security standards and guidelines for
national security systems issued in accordance with law and
as directed by the President; and
(C) ensuring that information security management processes
are integrated with agency strategic and operational planning
processes;
(2) ensure that senior agency officials provide information
security for the information and information systems that support
the operations and assets under their control, including through
-
(A) assessing the risk and magnitude of the harm that could
result from the unauthorized access, use, disclosure,
disruption, modification, or destruction of such information or
information systems;
(B) determining the levels of information security
appropriate to protect such information and information systems
in accordance with standards promulgated under section 11331 of
title 40, for information security classifications and related
requirements;
(C) implementing policies and procedures to cost-effectively
reduce risks to an acceptable level; and
(D) periodically testing and evaluating information security
controls and techniques to ensure that they are effectively
implemented;
(3) delegate to the agency Chief Information Officer
established under section 3506 (or comparable official in an
agency not covered by such section) the authority to ensure
compliance with the requirements imposed on the agency under this
subchapter, including -
(A) designating a senior agency information security officer
who shall -
(i) carry out the Chief Information Officer's
responsibilities under this section;
(ii) possess professional qualifications, including
training and experience, required to administer the functions
described under this section;
(iii) have information security duties as that official's
primary duty; and
(iv) head an office with the mission and resources to
assist in ensuring agency compliance with this section;
(B) developing and maintaining an agencywide information
security program as required by subsection (b);
(C) developing and maintaining information security policies,
procedures, and control techniques to address all applicable
requirements, including those issued under section 3543 of this
title, and section 11331 of title 40;
(D) training and overseeing personnel with significant
responsibilities for information security with respect to such
responsibilities; and
(E) assisting senior agency officials concerning their
responsibilities under paragraph (2);
(4) ensure that the agency has trained personnel sufficient to
assist the agency in complying with the requirements of this
subchapter and related policies, procedures, standards, and
guidelines; and
(5) ensure that the agency Chief Information Officer, in
coordination with other senior agency officials, reports annually
to the agency head on the effectiveness of the agency information
security program, including progress of remedial actions.
(b) Agency Program. - Each agency shall develop, document, and
implement an agencywide information security program, approved by
the Director under section 3543(a)(5), to provide information
security for the information and information systems that support
the operations and assets of the agency, including those provided
or managed by another agency, contractor, or other source, that
includes -
(1) periodic assessments of the risk and magnitude of the harm
that could result from the unauthorized access, use, disclosure,
disruption, modification, or destruction of information and
information systems that support the operations and assets of the
agency;
(2) policies and procedures that -
(A) are based on the risk assessments required by paragraph
(1);
(B) cost-effectively reduce information security risks to an
acceptable level;
(C) ensure that information security is addressed throughout
the life cycle of each agency information system; and
(D) ensure compliance with -
(i) the requirements of this subchapter;
(ii) policies and procedures as may be prescribed by the
Director, and information security standards promulgated
under section 11331 of title 40;
(iii) minimally acceptable system configuration
requirements, as determined by the agency; and
(iv) any other applicable requirements, including standards
and guidelines for national security systems issued in
accordance with law and as directed by the President;
(3) subordinate plans for providing adequate information
security for networks, facilities, and systems or groups of
information systems, as appropriate;
(4) security awareness training to inform personnel, including
contractors and other users of information systems that support
the operations and assets of the agency, of -
(A) information security risks associated with their
activities; and
(B) their responsibilities in complying with agency policies
and procedures designed to reduce these risks;
(5) periodic testing and evaluation of the effectiveness of
information security policies, procedures, and practices, to be
performed with a frequency depending on risk, but no less than
annually, of which such testing -
(A) shall include testing of management, operational, and
technical controls of every information system identified in
the inventory required under section 3505(c); and
(B) may include testing relied on in a (!1) evaluation under
section 3545;
(6) a process for planning, implementing, evaluating, and
documenting remedial action to address any deficiencies in the
information security policies, procedures, and practices of the
agency;
(7) procedures for detecting, reporting, and responding to
security incidents, consistent with standards and guidelines
issued pursuant to section 3546(b), including -
(A) mitigating risks associated with such incidents before
substantial damage is done;
(B) notifying and consulting with the Federal information
security incident center referred to in section 3546; and
(C) notifying and consulting with, as appropriate -
(i) law enforcement agencies and relevant Offices of
Inspector General;
(ii) an office designated by the President for any incident
involving a national security system; and
(iii) any other agency or office, in accordance with law or
as directed by the President; and
(8) plans and procedures to ensure continuity of operations for
information systems that support the operations and assets of the
agency.
(c) Agency Reporting. - Each agency shall -
(1) report annually to the Director, the Committees on
Government Reform and Science of the House of Representatives,
the Committees on Governmental Affairs and Commerce, Science, and
Transportation of the Senate, the appropriate authorization and
appropriations committees of Congress, and the Comptroller
General on the adequacy and effectiveness of information security
policies, procedures, and practices, and compliance with the
requirements of this subchapter, including compliance with each
requirement of subsection (b);
(2) address the adequacy and effectiveness of information
security policies, procedures, and practices in plans and reports
relating to -
(A) annual agency budgets;
(B) information resources management under subchapter 1 (!2)
of this chapter;
(C) information technology management under subtitle III of
title 40;
(D) program performance under sections 1105 and 1115 through
1119 of title 31, and sections 2801 and 2805 of title 39;
(E) financial management under chapter 9 of title 31, and the
Chief Financial Officers Act of 1990 (31 U.S.C. 501 note;
Public Law 101-576) (and the amendments made by that Act);
(F) financial management systems under the Federal Financial
Management Improvement Act (31 U.S.C. 3512 note); and
(G) internal accounting and administrative controls under
section 3512 of title 31,(!3) (known as the "Federal Managers
Financial Integrity Act"); and
(3) report any significant deficiency in a policy, procedure,
or practice identified under paragraph (1) or (2) -
(A) as a material weakness in reporting under section 3512 of
title 31; and
(B) if relating to financial management systems, as an
instance of a lack of substantial compliance under the Federal
Financial Management Improvement Act (31 U.S.C. 3512 note).
(d) Performance Plan. - (1) In addition to the requirements of
subsection (c), each agency, in consultation with the Director,
shall include as part of the performance plan required under
section 1115 of title 31 a description of -
(A) the time periods, and
(B) the resources, including budget, staffing, and training,
that are necessary to implement the program required under
subsection (b).
(2) The description under paragraph (1) shall be based on the
risk assessments required under subsection (b)(2)(1).
(e) Public Notice and Comment. - Each agency shall provide the
public with timely notice and opportunities for comment on proposed
information security policies and procedures to the extent that
such policies and procedures affect communication with the public.
-SOURCE-
(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
116 Stat. 2949.)
-REFTEXT-
REFERENCES IN TEXT
The Chief Financial Officers Act of 1990, referred to in subsec.
(c)(2)(E), is Pub. L. 101-576, Nov. 15, 1990, 104 Stat. 2838. For
complete classification of this Act to the Code, see Short Title of
1990 Amendment note set out under section 501 of Title 31, Money
and Finance, and Tables.
The Federal Financial Management Improvement Act, referred to in
subsec. (c)(2)(F), (3)(B), probably means the Federal Financial
Management Improvement Act of 1996, Pub. L. 104-208, div. A, title
I, Sec. 101(f) [title VIII], Sept. 30, 1996, 110 Stat. 3009-314,
3009-389, which is set out as a note under section 3512 of Title
31, Money and Finance. For complete classification of this Act to
the Code, see Tables.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 3543 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be "an".
(!2) So in original. Probably should be "I".
(!3) So in original. The comma probably should not appear.
-End-
-CITE-
44 USC Sec. 3545 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER III - INFORMATION SECURITY
-HEAD-
Sec. 3545. Annual independent evaluation
-STATUTE-
(a) In General. - (1) Each year each agency shall have performed
an independent evaluation of the information security program and
practices of that agency to determine the effectiveness of such
program and practices.
(2) Each evaluation under this section shall include -
(A) testing of the effectiveness of information security
policies, procedures, and practices of a representative subset of
the agency's information systems;
(B) an assessment (made on the basis of the results of the
testing) of compliance with -
(i) the requirements of this subchapter; and
(ii) related information security policies, procedures,
standards, and guidelines; and
(C) separate presentations, as appropriate, regarding
information security relating to national security systems.
(b) Independent Auditor. - Subject to subsection (c) -
(1) for each agency with an Inspector General appointed under
the Inspector General Act of 1978, the annual evaluation required
by this section shall be performed by the Inspector General or by
an independent external auditor, as determined by the Inspector
General of the agency; and
(2) for each agency to which paragraph (1) does not apply, the
head of the agency shall engage an independent external auditor
to perform the evaluation.
(c) National Security Systems. - For each agency operating or
exercising control of a national security system, that portion of
the evaluation required by this section directly relating to a
national security system shall be performed -
(1) only by an entity designated by the agency head; and
(2) in such a manner as to ensure appropriate protection for
information associated with any information security
vulnerability in such system commensurate with the risk and in
accordance with all applicable laws.
(d) Existing Evaluations. - The evaluation required by this
section may be based in whole or in part on an audit, evaluation,
or report relating to programs or practices of the applicable
agency.
(e) Agency Reporting. - (1) Each year, not later than such date
established by the Director, the head of each agency shall submit
to the Director the results of the evaluation required under this
section.
(2) To the extent an evaluation required under this section
directly relates to a national security system, the evaluation
results submitted to the Director shall contain only a summary and
assessment of that portion of the evaluation directly relating to a
national security system.
(f) Protection of Information. - Agencies and evaluators shall
take appropriate steps to ensure the protection of information
which, if disclosed, may adversely affect information security.
Such protections shall be commensurate with the risk and comply
with all applicable laws and regulations.
(g) OMB Reports to Congress. - (1) The Director shall summarize
the results of the evaluations conducted under this section in the
report to Congress required under section 3543(a)(8).
(2) The Director's report to Congress under this subsection shall
summarize information regarding information security relating to
national security systems in such a manner as to ensure appropriate
protection for information associated with any information security
vulnerability in such system commensurate with the risk and in
accordance with all applicable laws.
(3) Evaluations and any other descriptions of information systems
under the authority and control of the Director of Central
Intelligence or of National Foreign Intelligence Programs systems
under the authority and control of the Secretary of Defense shall
be made available to Congress only through the appropriate
oversight committees of Congress, in accordance with applicable
laws.
(h) Comptroller General. - The Comptroller General shall
periodically evaluate and report to Congress on -
(1) the adequacy and effectiveness of agency information
security policies and practices; and
(2) implementation of the requirements of this subchapter.
-SOURCE-
(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
116 Stat. 2952.)
-REFTEXT-
REFERENCES IN TEXT
The Inspector General Act of 1978, referred to in subsec. (b)(1),
is Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which
is set out in the Appendix to Title 5, Government Organization and
Employees.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3543, 3544 of this title.
-End-
-CITE-
44 USC Sec. 3546 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER III - INFORMATION SECURITY
-HEAD-
Sec. 3546. Federal information security incident center
-STATUTE-
(a) In General. - The Director shall ensure the operation of a
central Federal information security incident center to -
(1) provide timely technical assistance to operators of agency
information systems regarding security incidents, including
guidance on detecting and handling information security
incidents;
(2) compile and analyze information about incidents that
threaten information security;
(3) inform operators of agency information systems about
current and potential information security threats, and
vulnerabilities; and
(4) consult with the National Institute of Standards and
Technology, agencies or offices operating or exercising control
of national security systems (including the National Security
Agency), and such other agencies or offices in accordance with
law and as directed by the President regarding information
security incidents and related matters.
(b) National Security Systems. - Each agency operating or
exercising control of a national security system shall share
information about information security incidents, threats, and
vulnerabilities with the Federal information security incident
center to the extent consistent with standards and guidelines for
national security systems, issued in accordance with law and as
directed by the President.
-SOURCE-
(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
116 Stat. 2954.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 3543, 3544 of this title.
-End-
-CITE-
44 USC Sec. 3547 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER III - INFORMATION SECURITY
-HEAD-
Sec. 3547. National security systems
-STATUTE-
The head of each agency operating or exercising control of a
national security system shall be responsible for ensuring that the
agency -
(1) provides information security protections commensurate with
the risk and magnitude of the harm resulting from the
unauthorized access, use, disclosure, disruption, modification,
or destruction of the information contained in such system;
(2) implements information security policies and practices as
required by standards and guidelines for national security
systems, issued in accordance with law and as directed by the
President; and
(3) complies with the requirements of this subchapter.
-SOURCE-
(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
116 Stat. 2954.)
-End-
-CITE-
44 USC Sec. 3548 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER III - INFORMATION SECURITY
-HEAD-
Sec. 3548. Authorization of appropriations
-STATUTE-
There are authorized to be appropriated to carry out the
provisions of this subchapter such sums as may be necessary for
each of fiscal years 2003 through 2007.
-SOURCE-
(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
116 Stat. 2954.)
-End-
-CITE-
44 USC Sec. 3549 01/06/03
-EXPCITE-
TITLE 44 - PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35 - COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER III - INFORMATION SECURITY
-HEAD-
Sec. 3549. Effect on existing law
-STATUTE-
Nothing in this subchapter, section 11331 of title 40, or section
20 of the National Standards (!1) and Technology Act (15 U.S.C.
278g-3) may be construed as affecting the authority of the
President, the Office of Management and Budget or the Director
thereof, the National Institute of Standards and Technology, or the
head of any agency, with respect to the authorized use or
disclosure of information, including with regard to the protection
of personal privacy under section 552a of title 5, the disclosure
of information under section 552 of title 5, the management and
disposition of records under chapters 29, 31, or 33 of title 44,
the management of information resources under subchapter I of
chapter 35 of this title, or the disclosure of information to the
Congress or the Comptroller General of the United States. While
this subchapter is in effect, subchapter II of this chapter shall
not apply.
-SOURCE-
(Added Pub. L. 107-347, title III, Sec. 301(b)(1), Dec. 17, 2002,
116 Stat. 2955.)
-FOOTNOTE-
(!1) So in original. Probably should be "National Institute of
Standards".
-End-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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