CHAPTER 35 —COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I—FEDERAL INFORMATION POLICY
[SUBCHAPTER II—REPEALED]
[SUBCHAPTER III—REPEALED]
SUBCHAPTER II—INFORMATION SECURITY
SUBCHAPTER III—CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL EFFICIENCY
Part A—General
Part B—Confidential Information Protection
Part C—Statistical Efficiency
Part D—Access to Data for Evidence
Editorial Notes
Codification
This chapter was originally added by
Amendments
2019—
2018—
2014—
2002—
2000—
1995—
1980—
SUBCHAPTER I—FEDERAL INFORMATION POLICY
Editorial Notes
Amendments
2000—
§3501. Purposes
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
(B) security of information, including
(C) access to information, including
(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.
(Added
Editorial Notes
References in Text
Prior Provisions
A prior section 3501, added
Another prior section 3501,
Amendments
2002—Par. (8)(B).
2000—
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date
"(a)
"(b)
"(c)
"(1) the amendments made by this Act [enacting this chapter and amending
"(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
Short Title
This chapter is popularly known as the "Paperwork Reduction Act".
Implementation of Technology for Classification and Declassification
"(a)
"(1) research a technology-based solutions [sic]—
"(A) to support efficient and effective systems for classification and declassification; and
"(B) to be implemented on an interoperable and federated basis across the Federal Government; and
"(2) submit to the President and Congress, including the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives], the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, recommendations regarding a technology-based solutions [sic] described in paragraph (1).
"(b)
21st Century Integrated Digital Experience
"SECTION 1. SHORT TITLE.
"This Act may be cited as the '21st Century Integrated Digital Experience Act' or the '21st Century IDEA'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1)
"(2)
"SEC. 3. WEBSITE MODERNIZATION.
"(a)
"(1) is accessible to individuals with disabilities in accordance with section 508 of the Rehabilitation Act of 1973 (
"(2) has a consistent appearance;
"(3) does not overlap with or duplicate any legacy websites and, if applicable, ensure that legacy websites are regularly reviewed, eliminated, and consolidated;
"(4) contains a search function that allows users to easily search content intended for public use;
"(5) is provided through an industry standard secure connection;
"(6) is designed around user needs with data-driven analysis influencing management and development decisions, using qualitative and quantitative data to determine user goals, needs, and behaviors, and continually test the website, web-based form, web-based application, or digital service to ensure that user needs are addressed;
"(7) provides users of the new or redesigned website, web-based form, web-based application, or digital service with the option for a more customized digital experience that allows users to complete digital transactions in an efficient and accurate manner; and
"(8) is fully functional and usable on common mobile devices.
"(b)
"(1) review each website or digital service; and
"(2) submit to Congress a report that includes—
"(A) a list of the websites and digital services maintained by the executive agency that are most viewed or utilized by the public or are otherwise important for public engagement;
"(B) from among the websites and digital services listed under subparagraph (A), a prioritization of websites and digital services that require modernization to meet the requirements under subsection (a); and
"(C) an estimation of the cost and schedule of modernizing the websites and digital services prioritized under subparagraph (B).
"(c)
"(d)
"(1) report annually to the Director on the progress of the executive agency in implementing the requirements described in this section for the previous year; and
"(2) include the information described in paragraph (1) in a publicly available report that is required under another provision of law.
"(e)
"SEC. 4. DIGITIZATION OF GOVERNMENT SERVICES AND FORMS.
"(a)
"(1) identify public non-digital, paper-based, or in-person Government services; and
"(2) include in the budget request of the executive agency—
"(A) a list of non-digital services with the greatest impact that could be made available to the public through an online, mobile-friendly, digital service option in a manner that decreases cost, increases digital conversion rates, and improves customer experience; and
"(B) an estimation of the cost and schedule associated with carrying out the modernization described in subparagraph (A).
"(b)
"(c)
"(d)
"(1) the title of the in-person Government service, form, or paper-based process;
"(2) a description of the in-person Government service, form, or paper-based process;
"(3) each unit responsible for the in-person Government service, form, or paper-based process and the location of each unit in the organizational hierarchy of the executive agency;
"(4) any reasons why the in-person Government service, form, or paper-based process cannot be made available under this section; and
"(5) any potential solutions that could allow the in-person Government service, form, or paper-based process to be made available under this section, including the implementation of existing technologies, procedural changes, regulatory changes, and legislative changes.
"(e)
"SEC. 5. ELECTRONIC SIGNATURES.
"Not later than 180 days after the date of the enactment of this Act, the head of each executive agency shall submit to the Director and the appropriate congressional committees a plan to accelerate the use of electronic signatures standards established under the Electronic Signatures in Global and National Commerce Act (
"SEC. 6. CUSTOMER EXPERIENCE AND DIGITAL SERVICE DELIVERY.
"The Chief Information Officer of each executive agency, or a designee, shall—
"(1) coordinate and ensure alignment of the internal and external customer experience programs and strategy of the executive agency;
"(2) coordinate with the management leaders of the executive agency, including the head of the executive agency, the Chief Financial Officer, and any program manager, to ensure proper funding to support the implementation of this Act;
"(3) continually examine the digital service delivery strategy of the executive agency to the public and submit recommendations to the head of the executive agency providing guidance and best practices suitable to the mission of the executive agency;
"(4) using qualitative and quantitative data obtained from across the executive agency relating to the experience and satisfaction of customers, identify areas of concern that need improvement and improve the delivery of customer service;
"(5) coordinate and ensure, with the approval of the head of the executive agency, compliance by the executive agency with
"(6) to the extent practicable, coordinate with other agencies and seek to maintain as much standardization and commonality with other agencies as practicable in implementing the requirements of this Act, to best enable future transitions to centralized shared services.
"SEC. 7. STANDARDIZATION.
"(a)
"(b)
"(c)
"(1)
"(2)
Federal Management and Promotion of Electronic Government Services
"SEC. 201. DEFINITIONS.
"Except as otherwise provided, in this title the definitions under
"SEC. 202. FEDERAL AGENCY RESPONSIBILITIES.
"(a)
"(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)
"(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)
"(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)
"(e)
"(f)
"(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)
"(1)
"(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)
"(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)
"(i)
"(1)
"(2)
"SEC. 203. COMPATIBILITY OF EXECUTIVE AGENCY METHODS FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES.
"(a)
"(b)
"(c)
"(d)
"SEC. 204. FEDERAL INTERNET PORTAL.
"(a)
"(1)
"(2)
"(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)
"SEC. 205. FEDERAL COURTS.
"(a)
"(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)
"(1)
"(2)
"(c)
"(1)
"(2)
"(3)
"(A)(i) The Supreme Court shall prescribe rules, in accordance with
"(ii) Such rules shall provide to the extent practicable for uniform treatment of privacy and security issues throughout the Federal courts.
"(iii) Such rules shall take into consideration best practices in Federal and State courts to protect private information or otherwise maintain necessary information security.
"(iv) Except as provided in clause (v), to the extent that such rules provide for the redaction of certain categories of information in order to protect privacy and security concerns, such rules shall provide that a party that wishes to file an otherwise proper document containing such protected information may file an unredacted document under seal, which shall be retained by the court as part of the record, and which, at the discretion of the court and subject to any applicable rules issued in accordance with
"(v) Such rules may require the use of appropriate redacted identifiers in lieu of protected information described in clause (iv) in any pleading, motion, or other paper filed with the court (except with respect to a paper that is an exhibit or other evidentiary matter, or with respect to a reference list described in this subclause), or in any written discovery response—
"(I) by authorizing the filing under seal, and permitting the amendment as of right under seal, of a reference list that—
"(aa) identifies each item of unredacted protected information that the attorney or, if there is no attorney, the party, certifies is relevant to the case; and
"(bb) specifies an appropriate redacted identifier that uniquely corresponds to each item of unredacted protected information listed; and
"(II) by providing that all references in the case to the redacted identifiers in such reference list shall be construed, without more, to refer to the corresponding unredacted item of protected information.
"(B)(i) Subject to clause (ii), the Judicial Conference of the United States may issue interim rules, and interpretive statements relating to the application of such rules, which conform to the requirements of this paragraph and which shall cease to have effect upon the effective date of the rules required under subparagraph (A).
"(ii) Pending issuance of the rules required under subparagraph (A), any rule or order of any court, or of the Judicial Conference, providing for the redaction of certain categories of information in order to protect privacy and security concerns arising from electronic filing or electronic conversion shall comply with, and be construed in conformity with, subparagraph (A)(iv).
"(C) Not later than 1 year after the rules prescribed under subparagraph (A) take effect, and every 2 years thereafter, the Judicial Conference shall submit to Congress a report on the adequacy of those rules to protect privacy and security.
"(d)
"(e)
"(f)
"(g)
"(1)
"(A)
"(i)
"(ii)
"(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)
"(2)
"(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)
"(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
"(b)
"(c)
"(d)
"(1)
"(2)
"(A) all submissions under
"(B) other materials that by agency rule or practice are included in the rulemaking docket under
"(e)
"SEC. 207. ACCESSIBILITY, USABILITY, AND PRESERVATION OF GOVERNMENT INFORMATION.
"(a)
"(b)
"(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)
"(1)
"(2)
"(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)
"(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)
"(d)
"(1)
"(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)
"(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
"(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)
"(4)
"(e)
"(1)
"(A) the adoption by agencies of policies and procedures to ensure that chapters 21, 25, 27, 29, and 31 of
"(B) the imposition of timetables for the implementation of the policies and procedures by agencies.
"(2)
"(A) requiring the adoption by agencies of policies and procedures to ensure that chapters 21, 25, 27, 29, and 31 of
"(B) imposing timetables for the implementation of the policies, procedures, and technologies by agencies.
"(3)
"(4)
"(f)
"(1)
"(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
"(iii) information about the organizational structure of the agency; and
"(iv) the strategic plan of the agency developed under
"(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)
"(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)
"(A)
"(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)
"(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)
"(i) update the directory as necessary, but not less than every 6 months; and
"(ii) solicit interested persons for improvements to the directory.
"(g)
"(1)
"(A)
"(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
"(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)
"(2)
"(3)
"(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)
"(5)
"(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)
"(b)
"(1)
"(A)
"(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)
"(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)
"(D)
"(2)
"(A)
"(B)
"(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
"(3)
"(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)
"(1)
"(A)
"(B)
"(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
"(2)
"(d)
"SEC. 209. FEDERAL INFORMATION TECHNOLOGY WORKFORCE DEVELOPMENT.
"(a)
"(b)
"(1)
"(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)
"(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)
"(4)
"(5)
"(6)
"(7)
"(8)
"(9)
"(10)
"(c)
"(1)
"(2)
"(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)
"(d)
"(1)
"(2)
"(3)
"(4)
"(e)
"(1)
"(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)
"(3)
"(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)
"(1)
"(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
"(2)
"(g)
"(1)
"(2)
"(3)
"SEC. 210. SHARE-IN-SAVINGS INITIATIVES.
"(a)
"(b)
"(c)
"(d)
"(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)
"(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
"(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
"(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)
"(1)
"(2)
"(3)
"(i)
"SEC. 211. AUTHORIZATION FOR ACQUISITION OF INFORMATION TECHNOLOGY BY STATE AND LOCAL GOVERNMENTS THROUGH FEDERAL SUPPLY SCHEDULES.
"(a)
"(b)
"(c)
"SEC. 212. INTEGRATED REPORTING STUDY AND PILOT PROJECTS.
"(a)
"(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)
"(1) 'agency' means an Executive agency as defined under
"(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)
"(1)
"(2)
"(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)
"(1)
"(2)
"(A)
"(B)
"(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)
"(e)
"(1) confidential business information consistent with
"(2) personal privacy information under sections 552(b)(6) and (7)(C) and 552a of
"(3) other information consistent with
"(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)
"(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)
"(1) ensure that a study is conducted to evaluate the best practices of community technology centers that have received Federal funds; and
"(2) submit a report on the study to—
"(A) the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate;
"(B) the Committee on Health, Education, Labor, and Pensions of the Senate;
"(C) the Committee on Government Reform [now Committee on Oversight and Accountability] of the House of Representatives; and
"(D) the Committee on Education and the Workforce of the House of Representatives.
"(c)
"(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)
"(e)
"(1)
"(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)
"(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)
"(1)
"(A) explains how to access Government information and services on the Internet; and
"(B) provides a guide to available online resources.
"(2)
"(g)
"(h)
"(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)
"(b)
"(1)
"(2)
"(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)
"(A) the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate; and
"(B) the Committee on Government Reform [now Committee on Oversight and Accountability] of the House of Representatives.
"(4)
"(5)
"(c)
"SEC. 215. DISPARITIES IN ACCESS TO THE INTERNET.
"(a)
"(1)
"(2)
"(b)
"(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)
"(d)
"SEC. 216. COMMON PROTOCOLS FOR GEOGRAPHIC INFORMATION SYSTEMS.
"(a)
"(1) reduce redundant data collection and information; and
"(2) promote collaboration and use of standards for government geographic information.
"(b)
"(c)
"(1)
"(2)
"(d)
"(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)
"(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)
Information Security Responsibilities of Certain Agencies
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of
Atomic Energy Act of 1954
Confidential Information Protection and Statistical Efficiency
Waiver of Paperwork Reduction
Executive Documents
Ex. Ord. No. 13556. Controlled Unclassified Information
Ex. Ord. No. 13556, Nov. 4, 2010, 75 F.R. 68675, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
At present, executive departments and agencies (agencies) employ ad hoc, agency-specific policies, procedures, and markings to safeguard and control this information, such as information that involves privacy, security, proprietary business interests, and law enforcement investigations. This inefficient, confusing patchwork has resulted in inconsistent marking and safeguarding of documents, led to unclear or unnecessarily restrictive dissemination policies, and created impediments to authorized information sharing. The fact that these agency-specific policies are often hidden from public view has only aggravated these issues.
To address these problems, this order establishes a program for managing this information, hereinafter described as Controlled Unclassified Information, that emphasizes the openness and uniformity of Government-wide practice.
(a) The CUI categories and subcategories shall serve as exclusive designations for identifying unclassified information throughout the executive branch that requires safeguarding or dissemination controls, pursuant to and consistent with applicable law, regulations, and Government-wide policies.
(b) The mere fact that information is designated as CUI shall not have a bearing on determinations pursuant to any law requiring the disclosure of information or permitting disclosure as a matter of discretion, including disclosures to the legislative or judicial branches.
(c) The National Archives and Records Administration shall serve as the Executive Agent to implement this order and oversee agency actions to ensure compliance with this order.
(a) Each agency head shall, within 180 days of the date of this order:
(1) review all categories, subcategories, and markings used by the agency to designate unclassified information for safeguarding or dissemination controls; and
(2) submit to the Executive Agent a catalogue of proposed categories and subcategories of CUI, and proposed associated markings for information designated as CUI under section 2(a) of this order. This submission shall provide definitions for each proposed category and subcategory and identify the basis in law, regulation, or Government-wide policy for safeguarding or dissemination controls.
(b) If there is significant doubt about whether information should be designated as CUI, it shall not be so designated.
(a) On the basis of the submissions under section 3 of this order or future proposals, and in consultation with affected agencies, the Executive Agent shall, in a timely manner, approve categories and subcategories of CUI and associated markings to be applied uniformly throughout the executive branch and to become effective upon publication in the registry established under subsection (d) of this section. No unclassified information meeting the requirements of section 2(a) of this order shall be disapproved for inclusion as CUI, but the Executive Agent may resolve conflicts among categories and subcategories of CUI to achieve uniformity and may determine the markings to be used.
(b) The Executive Agent, in consultation with affected agencies, shall develop and issue such directives as are necessary to implement this order. Such directives shall be made available to the public and shall provide policies and procedures concerning marking, safeguarding, dissemination, and decontrol of CUI that, to the extent practicable and permitted by law, regulation, and Government-wide policies, shall remain consistent across categories and subcategories of CUI and throughout the executive branch. In developing such directives, appropriate consideration should be given to the report of the interagency Task Force on Controlled Unclassified Information published in August 2009. The Executive Agent shall issue initial directives for the implementation of this order within 180 days of the date of this order.
(c) The Executive Agent shall convene and chair interagency meetings to discuss matters pertaining to the program established by this order.
(d) Within 1 year of the date of this order, the Executive Agent shall establish and maintain a public CUI registry reflecting authorized CUI categories and subcategories, associated markings, and applicable safeguarding, dissemination, and decontrol procedures.
(e) If the Executive Agent and an agency cannot reach agreement on an issue related to the implementation of this order, that issue may be appealed to the President through the Director of the Office of Management and Budget.
(f) In performing its functions under this order, the Executive Agent, in accordance with applicable law, shall consult with representatives of the public and State, local, tribal, and private sector partners on matters related to approving categories and subcategories of CUI and developing implementing directives issued by the Executive Agent pursuant to this order.
(a) Within 180 days of the issuance of initial policies and procedures by the Executive Agent in accordance with section 4(b) of this order, each agency that originates or handles CUI shall provide the Executive Agent with a proposed plan for compliance with the requirements of this order, including the establishment of interim target dates.
(b) After a review of agency plans, and in consultation with affected agencies and the Office of Management and Budget, the Executive Agent shall establish deadlines for phased implementation by agencies.
(c) In each of the first 5 years following the date of this order and biennially thereafter, the Executive Agent shall publish a report on the status of agency implementation of this order.
(a) This order shall be implemented in a manner consistent with:
(1) applicable law, including protections of confidentiality and privacy rights;
(2) the statutory authority of the heads of agencies, including authorities related to the protection of information provided by the private sector to the Federal Government; and
(3) applicable Government-wide standards and guidelines issued by the National Institute of Standards and Technology, and applicable policies established by the Office of Management and Budget.
(b) The Director of National Intelligence (Director), with respect to the Intelligence Community and after consultation with the heads of affected agencies, may issue such policy directives and guidelines as the Director deems necessary to implement this order with respect to intelligence and intelligence-related information. Procedures or other guidance issued by Intelligence Community element heads shall be in accordance with such policy directives or guidelines issued by the Director. Any such policy directives or guidelines issued by the Director shall be in accordance with this order and directives issued by the Executive Agent.
(c) This order shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, and legislative proposals.
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(e) This order shall be implemented subject to the availability of appropriations.
(f) The Attorney General, upon request by the head of an agency or the Executive Agent, shall render an interpretation of this order with respect to any question arising in the course of its administration.
(g) The Presidential Memorandum of May 7, 2008, entitled "Designation and Sharing of Controlled Unclassified Information (CUI)" is hereby rescinded.
Barack Obama.
Making It Easier for America's Small Businesses and America's Exporters to Access Government Services to Help Them Grow and Hire
Memorandum of President of the United States, Oct. 28, 2011, 76 F.R. 68049, provided:
Memorandum for the Heads of Executive Departments and Agencies
As I outlined in my State of the Union address to the Congress on January 25, 2011, winning the future in the global economy will require a Government that wisely allocates its scarce resources to maximize efficiency and effectiveness so that it can best support American competitiveness, innovation, and job growth. If we are to thrive in the global economy, and make America the best place on Earth to do business, we need to equip our Government with the tools necessary to support innovation and job growth in the 21st century.
Accordingly, we must make it easier for businesses to access the full range of Government programs and services without having to waste effort navigating their way through the Federal bureaucracy. At the same time, we must further streamline and coordinate Federal programs to reduce costs and provide customer-oriented service.
Businesses looking for assistance from the Federal Government should feel like they are interacting with one entity, rather than a number of separate, albeit linked, components. This means adopting a "No Wrong Door" policy that uses technology to quickly connect businesses to the services and information relevant to them, regardless of which agency's website, call center, or office they go to for help.
In addition, a business's interactions with the Federal Government should be individualized and efficient. If the private sector can allow consumers to customize interactions so that they receive only the information they want, in the form they want it, so can the Federal Government.
Today, I am directing a first wave of changes focused on both small businesses and businesses of all sizes that want to begin or increase exporting (exporters), because those businesses help drive economic growth and have the most to gain from Federal assistance. We plan to use the resulting improvements as a model for future reforms so that, in time, all businesses and all citizens receive the highest level of customer service when they interact with the Federal Government.
Accordingly, I direct the following:
(1) All executive departments and agencies (agencies) shall work with a Steering Committee co-chaired by the Federal Chief Information Officer, Assistant to the President and Chief Technology Officer, and Chief Performance Officer (the Co-Chairs) to carry out the directives in this memorandum within 90 days of the date of this memorandum, unless a provision of this memorandum expressly states otherwise. The Steering Committee shall include senior policy and technical representatives, appointed by the heads of their respective agencies, from the Departments of State, Defense, Agriculture, Commerce, and Veterans Affairs, the Small Business Administration (SBA), the General Services Administration (GSA), the Export-Import Bank, and other agencies designated by the Co-Chairs. The Co-Chairs and representatives from the Department of Commerce and SBA shall serve as the Executive Committee of the Steering Committee, which shall coordinate the strategy, design, development, launch, and operation of BusinessUSA, a common, open, online platform and web service with dedicated resources that will, as a first step, disseminate core information regarding the Federal Government's programs and services relevant to small businesses and exporters.
(2) Agencies shall work with the Steering Committee to develop and launch an introductory version of BusinessUSA. BusinessUSA shall be designed, tested, and built with the active feedback of U.S. businesses and relevant online communities. To the extent appropriate, practicable, and permitted by law, the BusinessUSA platform shall integrate related State and local government services as well as those of private sector partners.
(3) Agencies shall make information regarding their small business and export programs and services accessible through BusinessUSA. To accomplish this in a uniform fashion, the Steering Committee shall develop a common set of standards for content available through BusinessUSA, which shall identify the types of programs and services to be included initially on BusinessUSA and a structure for organizing and presenting such information. These standards shall be used by all agencies in the creation, presentation, and delivery of information regarding their programs and services, to the extent practicable and permitted by law.
(4) Agencies shall also work with the Steering Committee to develop new content for BusinessUSA that synthesizes information available across agencies to better serve small businesses and exporters. Among other things, agencies shall work together to aggregate on the BusinessUSA platform statistical, demographic, and other raw Government datasets of particular interest to small businesses and exporters, making Government data more easily accessible and spurring innovative uses of the data through business-oriented web or mobile applications.
(5) Agencies shall integrate BusinessUSA, including ready access to the BusinessUSA website, into their current websites, call centers, and field offices to ensure that small businesses and exporters have access to the wide range of Government programs and services at each entry point into the Federal Government. During the year following the date of this memorandum, agencies shall work with GSA and the Office of Management and Budget to enhance the centralized call center for responding to public questions about Federal programs and services (1–800–FED–INFO) to add expertise with Government programs and services for small businesses and exporters.
(6) (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) authority granted by law or Executive Order to an agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) BusinessUSA shall be operated by a single hosting agency under the Executive Committee's coordination. To the extent permitted by law, agencies shall reimburse the hosting agency for the cost of establishing, maintaining, and operating BusinessUSA.
(c) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(d) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(7) The Director of the Office of Management and Budget is authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
1 See References in Text note below.
§3502. Definitions
As used in this subchapter—
(1) the term "agency" means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include—
(A) the Government Accountability Office;
(B) Federal Election Commission;
(C) the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; or
(D) Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities;
(2) the term "burden" means time, effort, or financial resources expended by persons to generate, maintain, or provide information to or for a Federal agency, including the resources expended for—
(A) reviewing instructions;
(B) acquiring, installing, and utilizing technology and systems;
(C) adjusting the existing ways to comply with any previously applicable instructions and requirements;
(D) searching data sources;
(E) completing and reviewing the collection of information; and
(F) transmitting, or otherwise disclosing the information;
(3) the term "collection of information"—
(A) means the obtaining, causing to be obtained, soliciting, or requiring the disclosure to third parties or the public, of facts or opinions by or for an agency, regardless of form or format, calling for either—
(i) answers to identical questions posed to, or identical reporting or recordkeeping requirements imposed on, ten or more persons, other than agencies, instrumentalities, or employees of the United States; or
(ii) answers to questions posed to agencies, instrumentalities, or employees of the United States which are to be used for general statistical purposes; and
(B) shall not include a collection of information described under section 3518(c)(1);
(4) the term "Director" means the Director of the Office of Management and Budget;
(5) the term "independent regulatory agency" means the Board of Governors of the Federal Reserve System, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Energy Regulatory Commission, the Federal Housing Finance Agency, 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 Regulatory Commission, the Securities and Exchange Commission, the Bureau of Consumer Financial Protection, the Office of Financial Research, Office of the Comptroller of the Currency, and any other similar agency designated by statute as a 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
(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;
(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;
(15) the term "comprehensive data inventory" means the inventory created under section 3511(a), but does not include any underlying data asset listed on the inventory;
(16) the term "data" means recorded information, regardless of form or the media on which the data is recorded;
(17) the term "data asset" means a collection of data elements or data sets that may be grouped together;
(18) the term "machine-readable", when used with respect to data, means data in a format that can be easily processed by a computer without human intervention while ensuring no semantic meaning is lost;
(19) the term "metadata" means structural or descriptive information about data such as content, format, source, rights, accuracy, provenance, frequency, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions;
(20) the term "open Government data asset" means a public data asset that is—
(A) machine-readable;
(B) available (or could be made available) in an open format;
(C) not encumbered by restrictions, other than intellectual property rights, including under titles 17 and 35, that would impede the use or reuse of such asset; and
(D) based on an underlying open standard that is maintained by a standards organization;
(21) the term "open license" means a legal guarantee that a data asset is made available—
(A) at no cost to the public; and
(B) with no restrictions on copying, publishing, distributing, transmitting, citing, or adapting such asset;
(22) the term "public data asset" means a data asset, or part thereof, maintained by the Federal Government that has been, or may be, released to the public, including any data asset, or part thereof, subject to disclosure under
(23) the term "statistical laws" means subchapter III of this chapter and other laws pertaining to the protection of information collected for statistical purposes as designated by the Director.
(Added
Editorial Notes
Prior Provisions
A prior section 3502, added
Another prior section 3502,
Amendments
2019—Pars. (15) to (23).
2010—Par. (5).
2008—Par. (5).
2006—Par. (5).
2004—Par. (1)(A).
2002—Par. (9).
2000—
1997—Par. (9).
1996—Par. (9).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by
Effective Date of 2010 Amendment
Amendment by section 315 of
Amendment by section 1100D(a) of
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in
§3503. Office of Information and Regulatory Affairs
(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.
(Added
Editorial Notes
Prior Provisions
A prior section 3503, added
Another prior section 3503,
Amendments
2000—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
Delegation of Other Functions to Administrator
"[(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 101(m) [title VIII, §833] of
§3504. Authority and functions of Director
(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 comprehensive data inventories and the Federal data catalogue under section 3511; 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;
(5) oversee agency integration of program and management functions with information resources management functions; and
(6) issue guidance for agencies to implement section 3506(b)(6) in a manner that takes into account—
(A) risks and restrictions related to the disclosure of personally identifiable information, including the risk that an individual data asset in isolation does not pose a privacy or confidentiality risk but when combined with other available information may pose such a risk;
(B) security considerations, including the risk that information in an individual data asset in isolation does not pose a security risk but when combined with other available information may pose such a risk;
(C) the cost and benefits to the public of converting a data asset into a machine-readable format that is accessible and useful to the public;
(D) whether the application of the requirements described in such section to a data asset could result in legal liability;
(E) a determination of whether a data asset—
(i) is subject to intellectual property rights, including rights under titles 17 and 35;
(ii) contains confidential business information, that could be withheld under
(iii) is otherwise restricted by contract or other binding, written agreement;
(F) the requirement that a data asset be disclosed, if it would otherwise be made available under
(G) any other considerations that the Director determines to be relevant.
(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;
(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; and
(10) ensure that any change to the standards of core-based statistical area (as defined in section 4 of the MAPS Act of 2021) delineations pursuant to this subsection shall—
(A) be accompanied by a public report that explains—
(i) the scientific basis, criteria, and methodology for such change to existing standards, including clear quantitative thresholds for determining any future statistical re-delineations; and
(ii) the opinions of domestic and international experts in statistics and demographics, including government experts at the Bureau of the Census and other relevant agencies, who were consulted regarding such change to existing standards;
(B) not be influenced by any non-statistical considerations such as impact on program administration or service delivery; and
(C) not propagate automatically for any non-statistical use by any domestic assistance program (as defined in section 4 of the MAPS Act of 2021).
(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
(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
(2) monitor the effectiveness of, and compliance with, directives issued under subtitle III of title 40 and directives issued under section 322 2 of title 40;
(3) coordinate the development and review by the Office of Information and Regulatory Affairs of policy associated with Federal 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.
(Added
Editorial Notes
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
Section 4 of the MAPS Act of 2021, referred to in subsec. (e)(10), is section 4 of
The text of
Prior Provisions
A prior section 3504, added
Another prior section 3504,
Amendments
2022—Subsec. (e)(10).
2019—Subsec. (b)(2)(A).
Subsec. (b)(6).
2002—Subsec. (c)(6).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(3).
Subsec. (h)(1)(B).
Subsec. (h)(2).
2000—Subsecs. (a)(2), (d)(2), (f)(1).
1998—Subsec. (a)(1)(B)(vi).
1997—Subsecs. (g)(2), (3), (h)(1)(B).
Subsec. (h)(2).
1996—Subsec. (g)(2).
Subsec. (g)(3).
Subsec. (h)(1)(B).
Subsec. (h)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by
Effective Date of 2002 Amendments
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
Government Paperwork Elimination
"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)
"(b)
"(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
"(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
"SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNATURES.
"(a)
"(1) paperwork reduction and electronic commerce;
"(2) individual privacy; and
"(3) the security and authenticity of transactions.
"(b)
"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 [
"SEC. 1710. DEFINITIONS.
"For purposes of this title:
"(1)
"(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)
1 So in original. Probably should be followed by "and".
2 See References in Text note below.
§3505. Assignment of tasks and deadlines
(a) In carrying out the functions under this subchapter, the Director shall—
(1) in consultation with agency heads, set an annual Governmentwide goal for the reduction of information collection burdens by at least 10 percent during each of fiscal years 1996 and 1997 and 5 percent during each of fiscal years 1998, 1999, 2000, and 2001, and set annual agency goals to—
(A) reduce information collection burdens imposed on the public that—
(i) represent the maximum practicable opportunity in each agency; and
(ii) are consistent with improving 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
(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
(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
(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
(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.
(Added
Editorial Notes
Prior Provisions
A prior section 3505, added
Another prior section 3505,
Amendments
2002—Subsec. (c).
2000—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
1 So in original. Two subsecs. (c) have been enacted.
§3506. Federal agency responsibilities
(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, to the extent practicable—
(A) describes how information resources management activities help accomplish agency missions;
(B) includes an open data plan for data that does not concern monetary policy that—
(i) requires the agency to develop processes and procedures that—
(I) require data collection mechanisms created on or after the date of the enactment of the OPEN Government Data Act to be available in an open format; and
(II) facilitate collaboration with non-Government entities (including businesses), researchers, and the public for the purpose of understanding how data users value and use government data;
(ii) identifies and implements methods for collecting and analyzing digital information on data asset usage by users within and outside of the agency, including designating a point of contact within the agency to assist the public and to respond to quality issues, usability issues, recommendations for improvements, and complaints about adherence to open data requirements within a reasonable period of time;
(iii) develops and implements a process to evaluate and improve the timeliness, completeness, consistency, accuracy, usefulness, and availability of open Government data assets;
(iv) includes requirements for meeting the goals of the agency open data plan, including the acquisition of technology, provision of training for employees, and the implementation of procurement standards, in accordance with existing law, regulation, and policy, that allow for the acquisition of innovative solutions from public and private sectors;
(v) identifies as priority data assets any data asset for which disclosure would be in the public interest and establishes a plan to evaluate each priority data asset for disclosure on the Federal Data Catalogue under section 3511 and for a determination under 1 3511(a)(2)(A)(iii)(I)(bb), including an accounting of which priority data assets have not yet been evaluated; and
(vi) requires the agency to comply with requirements under section 3511, including any standards established by the Director under such section, when disclosing a data asset pursuant to such section; and
(C) is updated annually and made publicly available on the website of the agency not later than 5 days after each such update;
(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;
(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; and
(6) in accordance with guidance by the Director—
(A) make each data asset of the agency available in an open format; and
(B) make each public data asset of the agency available—
(i) as an open Government data asset; and
(ii) under an open license.
(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
(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 (
(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;
(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;
(5) ensure that any public data asset of the agency is machine-readable; and
(6) engage the public in using public data assets of the agency and encourage collaboration by—
(A) publishing on the website of the agency, on a regular basis (not less than annually), information on the usage of such assets by non-Government users;
(B) providing the public with the opportunity to request specific data assets to be prioritized for disclosure and to provide suggestions for the development of agency criteria with respect to prioritizing data assets for disclosure;
(C) assisting the public in expanding the use of public data assets; and
(D) hosting challenges, competitions, events, or other initiatives designed to create additional value from public data assets of the agency.
(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
(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 (
(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.
(Added
Editorial Notes
References in Text
The date of the enactment of the OPEN Government Data Act, referred to in subsec. (b)(2)(B)(i)(I), is the date of enactment of title II of
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
Prior Provisions
A prior section 3506, added
Another prior section 3506,
Amendments
2019—Subsec. (b)(2).
Subsec. (b)(6).
Subsec. (d)(5), (6).
2002—Subsec. (c)(4).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(3).
Subsec. (i).
2000—Subsecs. (a)(1) to (3), (b)(4), (c)(1).
1996—Subsec. (a)(2)(A).
Subsec. (a)(2)(B).
Subsec. (a)(3), (4).
Subsec. (c)(1).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Effective Date of 2002 Amendment
Amendment by
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
Use of Open Data Assets
Executive Documents
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:
(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.
(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.
(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.
(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.
William J. Clinton.
1 So in original. Probably should be followed by "section".
§3507. Public information collection activities; submission to Director; approval and delegation
(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
(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.
(Added
Editorial Notes
Prior Provisions
A prior section 3507, added
Another prior section 3507,
Amendments
2000—Subsecs. (e)(3)(B), (h), (j).
1996—Subsec. (j)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
§3508. Determination of necessity for information; hearing
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.
(Added
Editorial Notes
Prior Provisions
A prior section 3508, added
Another prior section 3508,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
§3509. Designation of central collection agency
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.
(Added
Editorial Notes
Prior Provisions
A prior section 3509, added
Another prior section 3509,
Amendments
2000—
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
§3510. Cooperation of agencies in making information available
(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.
(Added
Editorial Notes
Prior Provisions
A prior section 3510, added
Another prior section 3510,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
§3511. Data inventory and Federal data catalogue
(a)
(1)
(2)
(A) A requirement for the head of an agency to include in the comprehensive data inventory metadata on each data asset of the agency, including, to the maximum extent practicable, the following:
(i) A description of the data asset, including all variable names and definitions.
(ii) The name or title of the data asset.
(iii) An indication of whether or not the agency—
(I) has determined or can determine if the data asset is—
(aa) an open Government data asset;
(bb) subject to disclosure or partial disclosure or exempt from disclosure under
(cc) a public data asset eligible for disclosure under subsection (b); or
(dd) a data asset not subject to open format or open license requirements due to existing limitations or restrictions on government distribution of the asset; or
(II) as of the date of such indication, has not made such determination.
(iv) Any determination made under section 3582, if available.
(v) A description of the method by which the public may access or request access to the data asset.
(vi) The date on which the data asset was most recently updated.
(vii) Each agency responsible for maintaining the data asset.
(viii) The owner of the data asset.
(ix) To the extent practicable, any restriction on the use of the data asset.
(x) The location of the data asset.
(xi) Any other metadata necessary to make the comprehensive data inventory useful to the agency and the public, or otherwise determined useful by the Director.
(B) A requirement for the head of an agency to exclude from the comprehensive data inventory any data asset contained on a national security system, as defined in
(C) Criteria for the head of an agency to use in determining which metadata required by subparagraph (A), if any, in the comprehensive data inventory may not be made publicly available, which shall include, at a minimum, a requirement to ensure all information that could not otherwise be withheld from disclosure under
(D) A requirement for the head of each agency, in accordance with a procedure established by the Director, to submit for inclusion in the Federal data catalogue maintained under subsection (c) the comprehensive data inventory developed pursuant to subparagraph (C), including any real-time updates to such inventory, and data assets made available in accordance with subparagraph (E) or any electronic hyperlink providing access to such data assets.
(E) Criteria for the head of an agency to use in determining whether a particular data asset should not be made publicly available in a manner that takes into account—
(i) risks and restrictions related to the disclosure of personally identifiable information, including the risk that an individual data asset in isolation does not pose a privacy or confidentiality risk but when combined with other available information may pose such a risk;
(ii) security considerations, including the risk that information in an individual data asset in isolation does not pose a security risk but when combined with other available information may pose such a risk;
(iii) the cost and benefits to the public of converting the data into a format that could be understood and used by the public;
(iv) whether the public dissemination of the data asset could result in legal liability;
(v) whether the data asset—
(I) is subject to intellectual property rights, including rights under titles 17 and 35;
(II) contains confidential business information, that could be withheld under
(III) is restricted by contract or other binding, written agreement;
(vi) whether the holder of a right to such data asset has been consulted;
(vii) the expectation that all data assets that would otherwise be made available under
(viii) any other considerations that the Director determines to be relevant.
(F) Criteria for the head of an agency to use in assessing the indication of a determination under subparagraph (A)(iii) and how to prioritize any such subsequent determinations in the strategic information management plan under section 3506, in consideration of the existing resources available to the agency.
(3)
(b)
(c)
(1)
(2)
(A) include any definitions, regulations, policies, checklists, and case studies related to open data policy;
(B) facilitate collaboration and the adoption of best practices across the Federal Government relating to the adoption of open data practices; and
(C) be made available on the Federal data catalogue maintained under paragraph (1).
(3)
(d)
(Added
Editorial Notes
Prior Provisions
A prior section 3511, added
Another prior section 3511,
Amendments
2019—
2014—Subsec. (a)(3).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
§3512. Public protection
(a) Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of 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.
(Added
Editorial Notes
Prior Provisions
A prior section 3512, added
Another prior section 3512, added
Amendments
2000—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
§3513. Director review of agency activities; reporting; agency response
(a) In consultation with the Administrator of General Services, the Archivist of the United States, the Director of the National Institute of Standards and Technology, and the Director of the Office of Personnel Management, the 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.
(c)
(Added
Editorial Notes
Prior Provisions
A prior section 3513, added
Amendments
2010—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
§3514. Responsiveness to Congress
(a)(1) The Director shall—
(A) keep the Congress and congressional committees fully and currently informed of the major activities under this subchapter; and
(B) submit a report on such activities to the President of the Senate and the Speaker of the House of Representatives annually and at such other times as the Director determines 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.
(Added
Editorial Notes
Prior Provisions
A prior section 3514, added
Amendments
2000—Subsec. (a)(1)(A), (2)(A)(ii).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
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
§3515. Administrative powers
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.
(Added
Editorial Notes
Prior Provisions
A prior section 3515, added
Amendments
2000—
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
§3516. Rules and regulations
The Director shall promulgate rules, regulations, or procedures necessary to exercise the authority provided by this subchapter.
(Added
Editorial Notes
Prior Provisions
A prior section 3516, added
Amendments
2000—
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
Policy and Procedural Guidelines
"(a)
"(b)
"(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."
§3517. Consultation with other agencies and the public
(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.
(Added
Editorial Notes
Prior Provisions
A prior section 3517, added
Amendments
2000—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
§3518. Effect on existing laws and regulations
(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.
(Added
Editorial Notes
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
The Antitrust Civil Process Act, referred to in subsec. (c)(1)(C), is
Section 13 of the Federal Trade Commission Improvements Act of 1980, referred to in subsec. (c)(1)(C), is classified to
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
Prior Provisions
A prior section 3518, added
Amendments
2002—Subsec. (d).
2000—
1997—Subsec. (d).
1996—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
1 See References in Text note below.
§3519. Access to information
Under the conditions and procedures prescribed in
(Added
Editorial Notes
Prior Provisions
A prior section 3519, added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 1995, except as otherwise provided, see section 4(a) of
§3520. Chief Data Officers
(a)
(b)
(c)
(1) be responsible for lifecycle data management;
(2) coordinate with any official in the agency responsible for using, protecting, disseminating, and generating data to ensure that the data needs of the agency are met;
(3) manage data assets of the agency, including the standardization of data format, sharing of data assets, and publication of data assets in accordance with applicable law;
(4) in carrying out the requirements under paragraphs (3) and (5), consult with any statistical official of the agency (as designated under
(5) carry out the requirements of the agency under subsections (b) through (d), (f), and (i) of section 3506, section 3507, and section 3511;
(6) ensure that, to the extent practicable, agency data conforms with data management best practices;
(7) engage agency employees, the public, and contractors in using public data assets and encourage collaborative approaches on improving data use;
(8) support the Performance Improvement Officer of the agency in identifying and using data to carry out the functions described in
(9) support the Evaluation Officer of the agency in obtaining data to carry out the functions described in
(10) review the impact of the infrastructure of the agency on data asset accessibility and coordinate with the Chief Information Officer of the agency to improve such infrastructure to reduce barriers that inhibit data asset accessibility;
(11) ensure that, to the extent practicable, the agency maximizes the use of data in the agency, including for the production of evidence (as defined in section 3561), cybersecurity, and the improvement of agency operations;
(12) identify points of contact for roles and responsibilities related to open data use and implementation (as required by the Director);
(13) serve as the agency liaison to other agencies and the Office of Management and Budget on the best way to use existing agency data for statistical purposes (as defined in section 3561); and
(14) comply with any regulation and guidance issued under subchapter III, including the acquisition and maintenance of any required certification and training.
(d)
(1)
(2)
(3)
(e)
(Added
Editorial Notes
Prior Provisions
A prior section 3520 was renumbered
Another prior section 3520, added
Amendments
2019—
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 2019 Amendment
Amendment by
§3520A. Chief Data Officer Council
(a)
(b)
(1) establish Governmentwide best practices for the use, protection, dissemination, and generation of data;
(2) promote and encourage data sharing agreements between agencies;
(3) identify ways in which agencies can improve upon the production of evidence for use in policymaking;
(4) consult with the public and engage with private users of Government data and other stakeholders on how to improve access to data assets of the Federal Government; and
(5) identify and evaluate new technology solutions for improving the collection and use of data.
(c)
(1)
(2)
(3)
(4)
(d)
(e)
(1)
(2)
(Added
Editorial Notes
References in Text
The date of the enactment of this section, referred to in subsec. (e)(1), is the date of enactment of
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date
Section effective 180 days after Jan. 14, 2019, see section 403 of
1 So in original. Probably should be preceded by "the".
§3521. Authorization of appropriations
There are authorized to be appropriated to the Office of Information and Regulatory Affairs to carry out the provisions of this subchapter, and for no other purpose, $8,000,000 for each of the fiscal years 1996, 1997, 1998, 1999, 2000, and 2001.
(Added
Editorial Notes
Amendments
2002—
2000—
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by
Effective Date
Section effective May 22, 1995, see section 4 of
[§§3531 to 3549. Repealed. Pub. L. 113–283, §2(a), Dec. 18, 2014, 128 Stat. 3073 ]
Sections 3531 to 3538 comprised subchapter II of this chapter "INFORMATION SECURITY".
Section 3531, added
A prior section 3531, added
Section 3532, added
A prior section 3532, added
Section 3533, added
A prior section 3533, added
Section 3534, added
A prior section 3534, added
Section 3535, added
A prior section 3535, added
Section 3536, added
A prior section 3536, added
Section 3537, added
Section 3538, added
Sections 3541 to 3549 comprised subchapter III of this chapter "INFORMATION SECURITY".
Section 3541, added
Section 3542, added
Section 3543, added
Section 3544, added
Section 3545, added
Section 3546, added
Section 3547, added
Section 3548, added
Section 3549, added
SUBCHAPTER II—INFORMATION SECURITY
§3551. Purposes
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, including through automated security tools to continuously diagnose and improve security;
(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.
(Added
Editorial Notes
Prior Provisions
Provisions similar to this section were contained in
Statutory Notes and Related Subsidiaries
Cybersecurity Improvements to Agency Information Systems
"(a) Of the amounts made available by this Act [
"(b) Funds made available under this section may not be used to supplant funds provided for any such system within an agency budget.
"(c) Not later than July 1, 2015, the heads of all Federal agencies shall submit to the Committees on Appropriations of the Senate and the House of Representatives expenditure plans for necessary cybersecurity improvements to address known vulnerabilities to information systems described in subsection (a).
"(d) Not later than October 1, 2015, and semiannually thereafter, the head of each Federal agency shall submit to the Director of the Office of Management and Budget a report on the execution of the expenditure plan for that agency required by subsection (c): Provided, That the Director of the Office of Management and Budget shall summarize such execution reports and annually submit such summaries to Congress in conjunction with the annual progress report on implementation of the E-Government Act of 2002 (
"(e) This section shall not apply to the legislative and judicial branches of the Federal Government and shall apply to all Federal agencies within the executive branch except for the Department of Defense, the Central Intelligence Agency, and the Office of the Director of National Intelligence."
Similar provisions were contained in the following prior appropriation acts:
Executive Documents
Ex. Ord. No. 14028. Improving the Nation's Cybersecurity
Ex. Ord. No. 14028, May 12, 2021, 86 F.R. 26633, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Incremental improvements will not give us the security we need; instead, the Federal Government needs to make bold changes and significant investments in order to defend the vital institutions that underpin the American way of life. The Federal Government must bring to bear the full scope of its authorities and resources to protect and secure its computer systems, whether they are cloud-based, on-premises, or hybrid. The scope of protection and security must include systems that process data (information technology (IT)) and those that run the vital machinery that ensures our safety (operational technology (OT)).
It is the policy of my Administration that the prevention, detection, assessment, and remediation of cyber incidents is a top priority and essential to national and economic security. The Federal Government must lead by example. All Federal Information Systems should meet or exceed the standards and requirements for cybersecurity set forth in and issued pursuant to this order.
(b) Within 60 days of the date of this order [May 12, 2021], the Director of the Office of Management and Budget (OMB), in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, shall review the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement contract requirements and language for contracting with IT and OT service providers and recommend updates to such requirements and language to the FAR Council and other appropriate agencies. The recommendations shall include descriptions of contractors to be covered by the proposed contract language.
(c) The recommended contract language and requirements described in subsection (b) of this section shall be designed to ensure that:
(i) service providers collect and preserve data, information, and reporting relevant to cybersecurity event prevention, detection, response, and investigation on all information systems over which they have control, including systems operated on behalf of agencies, consistent with agencies' requirements;
(ii) service providers share such data, information, and reporting, as they relate to cyber incidents or potential incidents relevant to any agency with which they have contracted, directly with such agency and any other agency that the Director of OMB, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, deems appropriate, consistent with applicable privacy laws, regulations, and policies;
(iii) service providers collaborate with Federal cybersecurity or investigative agencies in their investigations of and responses to incidents or potential incidents on Federal Information Systems, including by implementing technical capabilities, such as monitoring networks for threats in collaboration with agencies they support, as needed; and
(iv) service providers share cyber threat and incident information with agencies, doing so, where possible, in industry-recognized formats for incident response and remediation.
(d) Within 90 days of receipt of the recommendations described in subsection (b) of this section, the FAR Council shall review the proposed contract language and conditions and, as appropriate, shall publish for public comment proposed updates to the FAR.
(e) Within 120 days of the date of this order, the Secretary of Homeland Security and the Director of OMB shall take appropriate steps to ensure to the greatest extent possible that service providers share data with agencies, CISA, and the FBI as may be necessary for the Federal Government to respond to cyber threats, incidents, and risks.
(f) It is the policy of the Federal Government that:
(i) information and communications technology (ICT) service providers entering into contracts with agencies must promptly report to such agencies when they discover a cyber incident involving a software product or service provided to such agencies or involving a support system for a software product or service provided to such agencies;
(ii) ICT service providers must also directly report to CISA whenever they report under subsection (f)(i) of this section to Federal Civilian Executive Branch (FCEB) Agencies, and CISA must centrally collect and manage such information; and
(iii) reports pertaining to National Security Systems, as defined in section 10(h) of this order, must be received and managed by the appropriate agency as to be determined under subsection (g)(i)(E) of this section.
(g) To implement the policy set forth in subsection (f) of this section:
(i) Within 45 days of the date of this order, the Secretary of Homeland Security, in consultation with the Secretary of Defense acting through the Director of the National Security Agency (NSA), the Attorney General, and the Director of OMB, shall recommend to the FAR Council contract language that identifies:
(A) the nature of cyber incidents that require reporting;
(B) the types of information regarding cyber incidents that require reporting to facilitate effective cyber incident response and remediation;
(C) appropriate and effective protections for privacy and civil liberties;
(D) the time periods within which contractors must report cyber incidents based on a graduated scale of severity, with reporting on the most severe cyber incidents not to exceed 3 days after initial detection;
(E) National Security Systems reporting requirements; and
(F) the type of contractors and associated service providers to be covered by the proposed contract language.
(ii) Within 90 days of receipt of the recommendations described in subsection (g)(i) of this section, the FAR Council shall review the recommendations and publish for public comment proposed updates to the FAR.
(iii) Within 90 days of the date of this order, the Secretary of Defense acting through the Director of the NSA, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence shall jointly develop procedures for ensuring that cyber incident reports are promptly and appropriately shared among agencies.
(h) Current cybersecurity requirements for unclassified system contracts are largely implemented through agency-specific policies and regulations, including cloud-service cybersecurity requirements. Standardizing common cybersecurity contractual requirements across agencies will streamline and improve compliance for vendors and the Federal Government.
(i) Within 60 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA, in consultation with the Secretary of Defense acting through the Director of the NSA, the Director of OMB, and the Administrator of General Services, shall review agency-specific cybersecurity requirements that currently exist as a matter of law, policy, or contract and recommend to the FAR Council standardized contract language for appropriate cybersecurity requirements. Such recommendations shall include consideration of the scope of contractors and associated service providers to be covered by the proposed contract language.
(j) Within 60 days of receiving the recommended contract language developed pursuant to subsection (i) of this section, the FAR Council shall review the recommended contract language and publish for public comment proposed updates to the FAR.
(k) Following any updates to the FAR made by the FAR Council after the public comment period described in subsection (j) of this section, agencies shall update their agency-specific cybersecurity requirements to remove any requirements that are duplicative of such FAR updates.
(l) The Director of OMB shall incorporate into the annual budget process a cost analysis of all recommendations developed under this section.
(b) Within 60 days of the date of this order, the head of each agency shall:
(i) update existing agency plans to prioritize resources for the adoption and use of cloud technology as outlined in relevant OMB guidance;
(ii) develop a plan to implement Zero Trust Architecture, which shall incorporate, as appropriate, the migration steps that the National Institute of Standards and Technology (NIST) within the Department of Commerce has outlined in standards and guidance, describe any such steps that have already been completed, identify activities that will have the most immediate security impact, and include a schedule to implement them; and
(iii) provide a report to the Director of OMB and the Assistant to the President and National Security Advisor (APNSA) discussing the plans required pursuant to subsection (b)(i) and (ii) of this section.
(c) As agencies continue to use cloud technology, they shall do so in a coordinated, deliberate way that allows the Federal Government to prevent, detect, assess, and remediate cyber incidents. To facilitate this approach, the migration to cloud technology shall adopt Zero Trust Architecture, as practicable. The CISA shall modernize its current cybersecurity programs, services, and capabilities to be fully functional with cloud-computing environments with Zero Trust Architecture. The Secretary of Homeland Security acting through the Director of CISA, in consultation with the Administrator of General Services acting through the Federal Risk and Authorization Management Program (FedRAMP) within the General Services Administration, shall develop security principles governing Cloud Service Providers (CSPs) for incorporation into agency modernization efforts. To facilitate this work:
(i) Within 90 days of the date of this order, the Director of OMB, in consultation with the Secretary of Homeland Security acting through the Director of CISA, and the Administrator of General Services acting through FedRAMP, shall develop a Federal cloud-security strategy and provide guidance to agencies accordingly. Such guidance shall seek to ensure that risks to the FCEB from using cloud-based services are broadly understood and effectively addressed, and that FCEB Agencies move closer to Zero Trust Architecture.
(ii) Within 90 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA, in consultation with the Director of OMB and the Administrator of General Services acting through FedRAMP, shall develop and issue, for the FCEB, cloud-security technical reference architecture documentation that illustrates recommended approaches to cloud migration and data protection for agency data collection and reporting.
(iii) Within 60 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA shall develop and issue, for FCEB Agencies, a cloud-service governance framework. That framework shall identify a range of services and protections available to agencies based on incident severity. That framework shall also identify data and processing activities associated with those services and protections.
(iv) Within 90 days of the date of this order, the heads of FCEB Agencies, in consultation with the Secretary of Homeland Security acting through the Director of CISA, shall evaluate the types and sensitivity of their respective agency's unclassified data, and shall provide to the Secretary of Homeland Security through the Director of CISA and to the Director of OMB a report based on such evaluation. The evaluation shall prioritize identification of the unclassified data considered by the agency to be the most sensitive and under the greatest threat, and appropriate processing and storage solutions for those data.
(d) Within 180 days of the date of this order, agencies shall adopt multi-factor authentication and encryption for data at rest and in transit, to the maximum extent consistent with Federal records laws and other applicable laws. To that end:
(i) Heads of FCEB Agencies shall provide reports to the Secretary of Homeland Security through the Director of CISA, the Director of OMB, and the APNSA on their respective agency's progress in adopting multifactor authentication and encryption of data at rest and in transit. Such agencies shall provide such reports every 60 days after the date of this order until the agency has fully adopted, agency-wide, multi-factor authentication and data encryption.
(ii) Based on identified gaps in agency implementation, CISA shall take all appropriate steps to maximize adoption by FCEB Agencies of technologies and processes to implement multifactor authentication and encryption for data at rest and in transit.
(iii) Heads of FCEB Agencies that are unable to fully adopt multi-factor authentication and data encryption within 180 days of the date of this order shall, at the end of the 180-day period, provide a written rationale to the Secretary of Homeland Security through the Director of CISA, the Director of OMB, and the APNSA.
(e) Within 90 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA, in consultation with the Attorney General, the Director of the FBI, and the Administrator of General Services acting through the Director of FedRAMP, shall establish a framework to collaborate on cybersecurity and incident response activities related to FCEB cloud technology, in order to ensure effective information sharing among agencies and between agencies and CSPs.
(f) Within 60 days of the date of this order, the Administrator of General Services, in consultation with the Director of OMB and the heads of other agencies as the Administrator of General Services deems appropriate, shall begin modernizing FedRAMP by:
(i) establishing a training program to ensure agencies are effectively trained and equipped to manage FedRAMP requests, and providing access to training materials, including videos-on-demand;
(ii) improving communication with CSPs through automation and standardization of messages at each stage of authorization. These communications may include status updates, requirements to complete a vendor's current stage, next steps, and points of contact for questions;
(iii) incorporating automation throughout the lifecycle of FedRAMP, including assessment, authorization, continuous monitoring, and compliance;
(iv) digitizing and streamlining documentation that vendors are required to complete, including through online accessibility and pre-populated forms; and
(v) identifying relevant compliance frameworks, mapping those frameworks onto requirements in the FedRAMP authorization process, and allowing those frameworks to be used as a substitute for the relevant portion of the authorization process, as appropriate.
(b) Within 30 days of the date of this order, the Secretary of Commerce acting through the Director of NIST shall solicit input from the Federal Government, private sector, academia, and other appropriate actors to identify existing or develop new standards, tools, and best practices for complying with the standards, procedures, or criteria in subsection (e) of this section. The guidelines shall include criteria that can be used to evaluate software security, include criteria to evaluate the security practices of the developers and suppliers themselves, and identify innovative tools or methods to demonstrate conformance with secure practices.
(c) Within 180 days of the date of this order, the Director of NIST shall publish preliminary guidelines, based on the consultations described in subsection (b) of this section and drawing on existing documents as practicable, for enhancing software supply chain security and meeting the requirements of this section.
(d) Within 360 days of the date of this order, the Director of NIST shall publish additional guidelines that include procedures for periodic review and updating of the guidelines described in subsection (c) of this section.
(e) Within 90 days of publication of the preliminary guidelines pursuant to subsection (c) of this section, the Secretary of Commerce acting through the Director of NIST, in consultation with the heads of such agencies as the Director of NIST deems appropriate, shall issue guidance identifying practices that enhance the security of the software supply chain. Such guidance may incorporate the guidelines published pursuant to subsections (c) and (i) of this section. Such guidance shall include standards, procedures, or criteria regarding:
(i) secure software development environments, including such actions as:
(A) using administratively separate build environments;
(B) auditing trust relationships;
(C) establishing multi-factor, risk-based authentication and conditional access across the enterprise;
(D) documenting and minimizing dependencies on enterprise products that are part of the environments used to develop, build, and edit software;
(E) employing encryption for data; and
(F) monitoring operations and alerts and responding to attempted and actual cyber incidents;
(ii) generating and, when requested by a purchaser, providing artifacts that demonstrate conformance to the processes set forth in subsection (e)(i) of this section;
(iii) employing automated tools, or comparable processes, to maintain trusted source code supply chains, thereby ensuring the integrity of the code;
(iv) employing automated tools, or comparable processes, that check for known and potential vulnerabilities and remediate them, which shall operate regularly, or at a minimum prior to product, version, or update release;
(v) providing, when requested by a purchaser, artifacts of the execution of the tools and processes described in subsection (e)(iii) and (iv) of this section, and making publicly available summary information on completion of these actions, to include a summary description of the risks assessed and mitigated;
(vi) maintaining accurate and up-to-date data, provenance (i.e., origin) of software code or components, and controls on internal and third-party software components, tools, and services present in software development processes, and performing audits and enforcement of these controls on a recurring basis;
(vii) providing a purchaser a Software Bill of Materials (SBOM) for each product directly or by publishing it on a public website;
(viii) participating in a vulnerability disclosure program that includes a reporting and disclosure process;
(ix) attesting to conformity with secure software development practices; and
(x) ensuring and attesting, to the extent practicable, to the integrity and provenance of open source software used within any portion of a product.
(f) Within 60 days of the date of this order, the Secretary of Commerce, in coordination with the Assistant Secretary for Communications and Information and the Administrator of the National Telecommunications and Information Administration, shall publish minimum elements for an SBOM.
(g) Within 45 days of the date of this order, the Secretary of Commerce, acting through the Director of NIST, in consultation with the Secretary of Defense acting through the Director of the NSA, the Secretary of Homeland Security acting through the Director of CISA, the Director of OMB, and the Director of National Intelligence, shall publish a definition of the term "critical software" for inclusion in the guidance issued pursuant to subsection (e) of this section. That definition shall reflect the level of privilege or access required to function, integration and dependencies with other software, direct access to networking and computing resources, performance of a function critical to trust, and potential for harm if compromised.
(h) Within 30 days of the publication of the definition required by subsection (g) of this section, the Secretary of Homeland Security acting through the Director of CISA, in consultation with the Secretary of Commerce acting through the Director of NIST, shall identify and make available to agencies a list of categories of software and software products in use or in the acquisition process meeting the definition of critical software issued pursuant to subsection (g) of this section.
(i) Within 60 days of the date of this order, the Secretary of Commerce acting through the Director of NIST, in consultation with the Secretary of Homeland Security acting through the Director of CISA and with the Director of OMB, shall publish guidance outlining security measures for critical software as defined in subsection (g) of this section, including applying practices of least privilege, network segmentation, and proper configuration.
(j) Within 30 days of the issuance of the guidance described in subsection (i) of this section, the Director of OMB acting through the Administrator of the Office of Electronic Government within OMB shall take appropriate steps to require that agencies comply with such guidance.
(k) Within 30 days of issuance of the guidance described in subsection (e) of this section, the Director of OMB acting through the Administrator of the Office of Electronic Government within OMB shall take appropriate steps to require that agencies comply with such guidelines with respect to software procured after the date of this order.
(l) Agencies may request an extension for complying with any requirements issued pursuant to subsection (k) of this section. Any such request shall be considered by the Director of OMB on a case-by-case basis, and only if accompanied by a plan for meeting the underlying requirements. The Director of OMB shall on a quarterly basis provide a report to the APNSA identifying and explaining all extensions granted.
(m) Agencies may request a waiver as to any requirements issued pursuant to subsection (k) of this section. Waivers shall be considered by the Director of OMB, in consultation with the APNSA, on a case-by-case basis, and shall be granted only in exceptional circumstances and for limited duration, and only if there is an accompanying plan for mitigating any potential risks.
(n) Within 1 year of the date of this order, the Secretary of Homeland Security, in consultation with the Secretary of Defense, the Attorney General, the Director of OMB, and the Administrator of the Office of Electronic Government within OMB, shall recommend to the FAR Council contract language requiring suppliers of software available for purchase by agencies to comply with, and attest to complying with, any requirements issued pursuant to subsections (g) through (k) of this section.
(o) After receiving the recommendations described in subsection (n) of this section, the FAR Council shall review the recommendations and, as appropriate and consistent with applicable law, amend the FAR.
(p) Following the issuance of any final rule amending the FAR as described in subsection (o) of this section, agencies shall, as appropriate and consistent with applicable law, remove software products that do not meet the requirements of the amended FAR from all indefinite delivery indefinite quantity contracts; Federal Supply Schedules; Federal Government-wide Acquisition Contracts; Blanket Purchase Agreements; and Multiple Award Contracts.
(q) The Director of OMB, acting through the Administrator of the Office of Electronic Government within OMB, shall require agencies employing software developed and procured prior to the date of this order (legacy software) either to comply with any requirements issued pursuant to subsection (k) of this section or to provide a plan outlining actions to remediate or meet those requirements, and shall further require agencies seeking renewals of software contracts, including legacy software, to comply with any requirements issued pursuant to subsection (k) of this section, unless an extension or waiver is granted in accordance with subsection (l) or (m) of this section.
(r) Within 60 days of the date of this order, the Secretary of Commerce acting through the Director of NIST, in consultation with the Secretary of Defense acting through the Director of the NSA, shall publish guidelines recommending minimum standards for vendors' testing of their software source code, including identifying recommended types of manual or automated testing (such as code review tools, static and dynamic analysis, software composition tools, and penetration testing).
(s) The Secretary of Commerce acting through the Director of NIST, in coordination with representatives of other agencies as the Director of NIST deems appropriate, shall initiate pilot programs informed by existing consumer product labeling programs to educate the public on the security capabilities of internet-of-Things (IoT) devices and software development practices, and shall consider ways to incentivize manufacturers and developers to participate in these programs.
(t) Within 270 days of the date of this order, the Secretary of Commerce acting through the Director of NIST, in coordination with the Chair of the Federal Trade Commission (FTC) and representatives of other agencies as the Director of NIST deems appropriate, shall identify IoT cybersecurity criteria for a consumer labeling program, and shall consider whether such a consumer labeling program may be operated in conjunction with or modeled after any similar existing government programs consistent with applicable law. The criteria shall reflect increasingly comprehensive levels of testing and assessment that a product may have undergone, and shall use or be compatible with existing labeling schemes that manufacturers use to inform consumers about the security of their products. The Director of NIST shall examine all relevant information, labeling, and incentive programs and employ best practices. This review shall focus on ease of use for consumers and a determination of what measures can be taken to maximize manufacturer participation.
(u) Within 270 days of the date of this order, the Secretary of Commerce acting through the Director of NIST, in coordination with the Chair of the FTC and representatives from other agencies as the Director of NIST deems appropriate, shall identify secure software development practices or criteria for a consumer software labeling program, and shall consider whether such a consumer software labeling program may be operated in conjunction with or modeled after any similar existing government programs, consistent with applicable law. The criteria shall reflect a baseline level of secure practices, and if practicable, shall reflect increasingly comprehensive levels of testing and assessment that a product may have undergone. The Director of NIST shall examine all relevant information, labeling, and incentive programs, employ best practices, and identify, modify, or develop a recommended label or, if practicable, a tiered software security rating system. This review shall focus on ease of use for consumers and a determination of what measures can be taken to maximize participation.
(v) These pilot programs shall be conducted in a manner consistent with OMB Circular A–119 and NIST Special Publication 2000–02 (Conformity Assessment Considerations for Federal Agencies).
(w) Within 1 year of the date of this order, the Director of NIST shall conduct a review of the pilot programs, consult with the private sector and relevant agencies to assess the effectiveness of the programs, determine what improvements can be made going forward, and submit a summary report to the APNSA.
(x) Within 1 year of the date of this order, the Secretary of Commerce, in consultation with the heads of other agencies as the Secretary of Commerce deems appropriate, shall provide to the President, through the APNSA, a report that reviews the progress made under this section and outlines additional steps needed to secure the software supply chain.
(b) The Board shall review and assess, with respect to significant cyber incidents (as defined under Presidential Policy Directive 41 of July 26, 2016 (United States Cyber Incident Coordination) (PPD–41)) affecting FCEB Information Systems or non-Federal systems, threat activity, vulnerabilities, mitigation activities, and agency responses.
(c) The Secretary of Homeland Security shall convene the Board following a significant cyber incident triggering the establishment of a Cyber Unified Coordination Group (UCG) as provided by section V(B)(2) of PPD–41; at any time as directed by the President acting through the APNSA; or at any time the Secretary of Homeland Security deems necessary.
(d) The Board's initial review shall relate to the cyber activities that prompted the establishment of a UCG in December 2020, and the Board shall, within 90 days of the Board's establishment, provide recommendations to the Secretary of Homeland Security for improving cybersecurity and incident response practices, as outlined in subsection (i) of this section.
(e) The Board's membership shall include Federal officials and representatives from private-sector entities. The Board shall comprise representatives of the Department of Defense, the Department of Justice, CISA, the NSA, and the FBI, as well as representatives from appropriate private-sector cybersecurity or software suppliers as determined by the Secretary of Homeland Security. A representative from OMB shall participate in Board activities when an incident under review involves FCEB Information Systems, as determined by the Secretary of Homeland Security. The Secretary of Homeland Security may invite the participation of others on a case-by-case basis depending on the nature of the incident under review.
(f) The Secretary of Homeland Security shall biennially designate a Chair and Deputy Chair of the Board from among the members of the Board, to include one Federal and one private-sector member.
(g) The Board shall protect sensitive law enforcement, operational, business, and other confidential information that has been shared with it, consistent with applicable law.
(h) The Secretary of Homeland Security shall provide to the President through the APNSA any advice, information, or recommendations of the Board for improving cybersecurity and incident response practices and policy upon completion of its review of an applicable incident.
(i) Within 30 days of completion of the initial review described in subsection (d) of this section, the Secretary of Homeland Security shall provide to the President through the APNSA the recommendations of the Board based on the initial review. These recommendations shall describe:
(i) identified gaps in, and options for, the Board's composition or authorities;
(ii) the Board's proposed mission, scope, and responsibilities;
(iii) membership eligibility criteria for private-sector representatives;
(iv) Board governance structure including interaction with the executive branch and the Executive Office of the President;
(v) thresholds and criteria for the types of cyber incidents to be evaluated;
(vi) sources of information that should be made available to the Board, consistent with applicable law and policy;
(vii) an approach for protecting the information provided to the Board and securing the cooperation of affected United States individuals and entities for the purpose of the Board's review of incidents; and
(viii) administrative and budgetary considerations required for operation of the Board.
(j) The Secretary of Homeland Security, in consultation with the Attorney General and the APNSA, shall review the recommendations provided to the President through the APNSA pursuant to subsection (i) of this section and take steps to implement them as appropriate.
(k) Unless otherwise directed by the President, the Secretary of Homeland Security shall extend the life of the Board every 2 years as the Secretary of Homeland Security deems appropriate, pursuant to section 871 of the Homeland Security Act of 2002.
(b) Within 120 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA, in consultation with the Director of OMB, the Federal Chief Information Officers Council, and the Federal Chief Information Security Council, and in coordination with the Secretary of Defense acting through the Director of the NSA, the Attorney General, and the Director of National Intelligence, shall develop a standard set of operational procedures (playbook) to be used in planning and conducting a cybersecurity vulnerability and incident response activity respecting FCEB Information Systems. The playbook shall:
(i) incorporate all appropriate NIST standards;
(ii) be used by FCEB Agencies; and
(iii) articulate progress and completion through all phases of an incident response, while allowing flexibility so it may be used in support of various response activities.
(c) The Director of OMB shall issue guidance on agency use of the playbook.
(d) Agencies with cybersecurity vulnerability or incident response procedures that deviate from the playbook may use such procedures only after consulting with the Director of OMB and the APNSA and demonstrating that these procedures meet or exceed the standards proposed in the playbook.
(e) The Director of CISA, in consultation with the Director of the NSA, shall review and update the playbook annually, and provide information to the Director of OMB for incorporation in guidance updates.
(f) To ensure comprehensiveness of incident response activities and build confidence that unauthorized cyber actors no longer have access to FCEB Information Systems, the playbook shall establish, consistent with applicable law, a requirement that the Director of CISA review and validate FCEB Agencies' incident response and remediation results upon an agency's completion of its incident response. The Director of CISA may recommend use of another agency or a third-party incident response team as appropriate.
(g) To ensure a common understanding of cyber incidents and the cybersecurity status of an agency, the playbook shall define key terms and use such terms consistently with any statutory definitions of those terms, to the extent practicable, thereby providing a shared lexicon among agencies using the playbook.
(b) FCEB Agencies shall deploy an Endpoint Detection and Response (EDR) initiative to support proactive detection of cybersecurity incidents within Federal Government infrastructure, active cyber hunting, containment and remediation, and incident response.
(c) Within 30 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA shall provide to the Director of OMB recommendations on options for implementing an EDR initiative, centrally located to support host-level visibility, attribution, and response regarding FCEB Information Systems.
(d) Within 90 days of receiving the recommendations described in subsection (c) of this section, the Director of OMB, in consultation with Secretary of Homeland Security, shall issue requirements for FCEB Agencies to adopt Federal Government-wide EDR approaches. Those requirements shall support a capability of the Secretary of Homeland Secretary, acting through the Director of CISA, to engage in cyber hunt, detection, and response activities.
(e) The Director of OMB shall work with the Secretary of Homeland Security and agency heads to ensure that agencies have adequate resources to comply with the requirements issued pursuant to subsection (d) of this section.
(f) Defending FCEB Information Systems requires that the Secretary of Homeland Security acting through the Director of CISA have access to agency data that are relevant to a threat and vulnerability analysis, as well as for assessment and threat-hunting purposes. Within 75 days of the date of this order, agencies shall establish or update Memoranda of Agreement (MOA) with CISA for the Continuous Diagnostics and Mitigation Program to ensure object level data, as defined in the MOA, are available and accessible to CISA, consistent with applicable law.
(g) Within 45 days of the date of this order, the Director of the NSA as the National Manager for National Security Systems (National Manager) shall recommend to the Secretary of Defense, the Director of National Intelligence, and the Committee on National Security Systems (CNSS) appropriate actions for improving detection of cyber incidents affecting National Security Systems, to the extent permitted by applicable law, including recommendations concerning EDR approaches and whether such measures should be operated by agencies or through a centralized service of common concern provided by the National Manager.
(h) Within 90 days of the date of this order, the Secretary of Defense, the Director of National Intelligence, and the CNSS shall review the recommendations submitted under subsection (g) of this section and, as appropriate, establish policies that effectuate those recommendations, consistent with applicable law.
(i) Within 90 days of the date of this order, the Director of CISA shall provide to the Director of OMB and the APNSA a report describing how authorities granted under section 1705 of
(j) To ensure alignment between Department of Defense Information Network (DODIN) directives and FCEB Information Systems directives, the Secretary of Defense and the Secretary of Homeland Security, in consultation with the Director of OMB, shall:
(i) within 60 days of the date of this order, establish procedures for the Department of Defense and the Department of Homeland Security to immediately share with each other Department of Defense Incident Response Orders or Department of Homeland Security Emergency Directives and Binding Operational Directives applying to their respective information networks;
(ii) evaluate whether to adopt any guidance contained in an Order or Directive issued by the other Department, consistent with regulations concerning sharing of classified information; and
(iii) within 7 days of receiving notice of an Order or Directive issued pursuant to the procedures established under subsection (j)(i) of this section, notify the APNSA and Administrator of the Office of Electronic Government within OMB of the evaluation described in subsection (j)(ii) of this section, including a determination whether to adopt guidance issued by the other Department, the rationale for that determination, and a timeline for application of the directive, if applicable.
(b) Within 14 days of the date of this order, the Secretary of Homeland Security, in consultation with the Attorney General and the Administrator of the Office of Electronic Government within OMB, shall provide to the Director of OMB recommendations on requirements for logging events and retaining other relevant data within an agency's systems and networks. Such recommendations shall include the types of logs to be maintained, the time periods to retain the logs and other relevant data, the time periods for agencies to enable recommended logging and security requirements, and how to protect logs. Logs shall be protected by cryptographic methods to ensure integrity once collected and periodically verified against the hashes throughout their retention. Data shall be retained in a manner consistent with all applicable privacy laws and regulations. Such recommendations shall also be considered by the FAR Council when promulgating rules pursuant to section 2 of this order.
(c) Within 90 days of receiving the recommendations described in subsection (b) of this section, the Director of OMB, in consultation with the Secretary of Commerce and the Secretary of Homeland Security, shall formulate policies for agencies to establish requirements for logging, log retention, and log management, which shall ensure centralized access and visibility for the highest level security operations center of each agency.
(d) The Director of OMB shall work with agency heads to ensure that agencies have adequate resources to comply with the requirements identified in subsection (c) of this section.
(e) To address cyber risks or incidents, including potential cyber risks or incidents, the proposed recommendations issued pursuant to subsection (b) of this section shall include requirements to ensure that, upon request, agencies provide logs to the Secretary of Homeland Security through the Director of CISA and to the FBI, consistent with applicable law. These requirements should be designed to permit agencies to share log information, as needed and appropriate, with other Federal agencies for cyber risks or incidents.
(b) Nothing in this order shall alter the authority of the National Manager with respect to National Security Systems as defined in National Security Directive 42 of July 5, 1990 (National Policy for the Security of National Security Telecommunications and Information Systems) (NSD–42). The FCEB network shall continue to be within the authority of the Secretary of Homeland Security acting through the Director of CISA.
(a) the term "agency" has the meaning ascribed to it under
(b) the term "auditing trust relationship" means an agreed-upon relationship between two or more system elements that is governed by criteria for secure interaction, behavior, and outcomes relative to the protection of assets.
(c) the term "cyber incident" has the meaning ascribed to an "incident" under
(d) the term "Federal Civilian Executive Branch Agencies" or "FCEB Agencies" includes all agencies except for the Department of Defense and agencies in the Intelligence Community.
(e) the term "Federal Civilian Executive Branch Information Systems" or "FCEB Information Systems" means those information systems operated by Federal Civilian Executive Branch Agencies, but excludes National Security Systems.
(f) the term "Federal Information Systems" means an information system used or operated by an agency or by a contractor of an agency or by another organization on behalf of an agency, including FCEB Information Systems and National Security Systems.
(g) the term "Intelligence Community" or "IC" has the meaning ascribed to it under
(h) the term "National Security Systems" means information systems as defined in
(i) the term "logs" means records of the events occurring within an organization's systems and networks. Logs are composed of log entries, and each entry contains information related to a specific event that has occurred within a system or network.
(j) the term "Software Bill of Materials" or "SBOM" means a formal record containing the details and supply chain relationships of various components used in building software. Software developers and vendors often create products by assembling existing open source and commercial software components. The SBOM enumerates these components in a product. It is analogous to a list of ingredients on food packaging. An SBOM is useful to those who develop or manufacture software, those who select or purchase software, and those who operate software. Developers often use available open source and third-party software components to create a product; an SBOM allows the builder to make sure those components are up to date and to respond quickly to new vulnerabilities. Buyers can use an SBOM to perform vulnerability or license analysis, both of which can be used to evaluate risk in a product. Those who operate software can use SBOMs to quickly and easily determine whether they are at potential risk of a newly discovered vulnerability. A widely used, machine-readable SBOM format allows for greater benefits through automation and tool integration. The SBOMs gain greater value when collectively stored in a repository that can be easily queried by other applications and systems. Understanding the supply chain of software, obtaining an SBOM, and using it to analyze known vulnerabilities are crucial in managing risk.
(k) the term "Zero Trust Architecture" means a security model, a set of system design principles, and a coordinated cybersecurity and system management strategy based on an acknowledgement that threats exist both inside and outside traditional network boundaries. The Zero Trust security model eliminates implicit trust in any one element, node, or service and instead requires continuous verification of the operational picture via real-time information from multiple sources to determine access and other system responses. In essence, a Zero Trust Architecture allows users full access but only to the bare minimum they need to perform their jobs. If a device is compromised, zero trust can ensure that the damage is contained. The Zero Trust Architecture security model assumes that a breach is inevitable or has likely already occurred, so it constantly limits access to only what is needed and looks for anomalous or malicious activity. Zero Trust Architecture embeds comprehensive security monitoring; granular risk-based access controls; and system security automation in a coordinated manner throughout all aspects of the infrastructure in order to focus on protecting data in real-time within a dynamic threat environment. This data-centric security model allows the concept of least-privileged access to be applied for every access decision, where the answers to the questions of who, what, when, where, and how are critical for appropriately allowing or denying access to resources based on the combination of sever.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(e) Nothing in this order confers authority to interfere with or to direct a criminal or national security investigation, arrest, search, seizure, or disruption operation or to alter a legal restriction that requires an agency to protect information learned in the course of a criminal or national security investigation.
J.R. Biden, Jr.
§3552. Definitions
(a)
(b)
(1) The term "binding operational directive" means a compulsory direction to an agency that—
(A) is for purposes of safeguarding Federal information and information systems from a known or reasonably suspected information security threat, vulnerability, or risk;
(B) shall be in accordance with policies, principles, standards, and guidelines issued by the Director; and
(C) may be revised or repealed by the Director if the direction issued on behalf of the Director is not in accordance with policies and principles developed by the Director.
(2) The term "incident" means an occurrence that—
(A) actually or imminently jeopardizes, without lawful authority, the integrity, confidentiality, or availability of information or an information system; or
(B) constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies.
(3) 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.
(4) The term "information technology" has the meaning given that term in
(5) The term "intelligence community" has the meaning given that term in section 3(4) of the National Security Act of 1947 (
(6)(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).
(7) The term "Secretary" means the Secretary of Homeland Security.
(Added
Editorial Notes
Prior Provisions
Provisions similar to this section were contained in
§3553. Authority and functions of the Director and the Secretary
(a)
(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
(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) ensuring that the Secretary carries out the authorities and functions under subsection (b);
(4) coordinating the development of standards and guidelines under section 20 of the National Institute of Standards and Technology Act (
(5) overseeing agency compliance with the requirements of this subchapter and
(6) coordinating information security policies and procedures with related information resources management policies and procedures.
(b)
(1) assisting the Director in carrying out the authorities and functions under paragraphs (1), (2), (3), (5), and (6) of subsection (a);
(2) developing and overseeing the implementation of binding operational directives to agencies to implement the policies, principles, standards, and guidelines developed by the Director under subsection (a)(1) and the requirements of this subchapter, which may be revised or repealed by the Director if the operational directives issued on behalf of the Director are not in accordance with policies, principles, standards, and guidelines developed by the Director, including—
(A) requirements for reporting security incidents to the Federal information security incident center established under section 3556;
(B) requirements for the contents of the annual reports required to be submitted under section 3554(c)(1);
(C) requirements for the mitigation of exigent risks to information systems; and
(D) other operational requirements as the Director or Secretary, in consultation with the Director, may determine necessary;
(3) monitoring agency implementation of information security policies and practices;
(4) convening meetings with senior agency officials to help ensure effective implementation of information security policies and practices;
(5) coordinating Government-wide efforts on information security policies and practices, including consultation with the Chief Information Officers Council established under section 3603 and the Director of the National Institute of Standards and Technology;
(6) providing operational and technical assistance to agencies in implementing policies, principles, standards, and guidelines on information security, including implementation of standards promulgated under
(A) operating the Federal information security incident center established under section 3556;
(B) upon request by an agency, deploying, operating, and maintaining technology to assist the agency to continuously diagnose and mitigate against cyber threats and vulnerabilities, with or without reimbursement;
(C) compiling and analyzing data on agency information security; and
(D) developing and conducting targeted operational evaluations, including threat and vulnerability assessments, on the information systems;
(7) hunting for and identifying, with or without advance notice to or authorization from agencies, threats and vulnerabilities within Federal information systems;
(8) upon request by an agency, and at the Secretary's discretion, with or without reimbursement—
(A) providing services, functions, and capabilities, including operation of the agency's information security program, to assist the agency with meeting the requirements set forth in section 3554(b); and
(B) deploying, operating, and maintaining secure technology platforms and tools, including networks and common business applications, for use by the agency to perform agency functions, including collecting, maintaining, storing, processing, disseminating, and analyzing information; and
(9) other actions as the Director or the Secretary, in consultation with the Director, may determine necessary to carry out this subsection.
(c)
(1) a summary of the incidents described in the annual reports required to be submitted under section 3554(c)(1), including a summary of the information required under section 3554(c)(1)(A)(iii);
(2) a description of the threshold for reporting major information security incidents;
(3) a summary of the results of evaluations required to be performed under section 3555;
(4) an assessment of agency compliance with standards promulgated under
(5) an assessment of agency compliance with data breach notification policies and procedures issued by the Director.
(d)
(e)
(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 an element of the intelligence community, a contractor of an element of the intelligence community, or another entity on behalf of an element of the intelligence community that processes any information the unauthorized access, use, disclosure, disruption, modification, or destruction of which would have a debilitating impact on the mission of an element of the intelligence community.
(f)
(1)
(2)
(A) consult with the Director of the National Institute of Standards and Technology regarding any binding operational directive that implements standards and guidelines developed by the National Institute of Standards and Technology; and
(B) ensure that binding operational directives issued under subsection (b)(2) do not conflict with the standards and guidelines issued under
(3)
(g)
(h)
(1)
(A)
(B)
(2)
(A) in coordination with the Director, and in consultation with Federal contractors as appropriate, establish procedures governing the circumstances under which a directive may be issued under this subsection, which shall include—
(i) thresholds and other criteria;
(ii) privacy and civil liberties protections; and
(iii) providing notice to potentially affected third parties;
(B) specify the reasons for the required action and the duration of the directive;
(C) minimize the impact of a directive under this subsection by—
(i) adopting the least intrusive means possible under the circumstances to secure the agency information systems; and
(ii) limiting directives to the shortest period practicable;
(D) notify the Director and the head of any affected agency immediately upon the issuance of a directive under this subsection;
(E) consult with the Director of the National Institute of Standards and Technology regarding any directive under this subsection that implements standards and guidelines developed by the National Institute of Standards and Technology;
(F) ensure that directives issued under this subsection do not conflict with the standards and guidelines issued under
(G) consider any applicable standards or guidelines developed by the National Institute of Standards and Technology issued by the Secretary of Commerce under
(H) not later than February 1 of each year, submit to the appropriate congressional committees a report regarding the specific actions the Secretary has taken pursuant to paragraph (1)(A).
(3)
(A)
(i) the Secretary determines there is an imminent threat to agency information systems;
(ii) the Secretary determines a directive under subsection (b)(2)(C) or paragraph (1)(A) is not reasonably likely to result in a timely response to the threat;
(iii) the Secretary determines the risk posed by the imminent threat outweighs any adverse consequences reasonably expected to result from the use of the intrusion detection and prevention capabilities under the control of the Secretary;
(iv) the Secretary provides prior notice to the Director, and the head and chief information officer (or equivalent official) of each agency to which specific actions will be taken pursuant to this paragraph, and notifies the appropriate congressional committees and authorizing committees of each such agency within 7 days of taking an action under this paragraph of—
(I) any action taken under this paragraph; and
(II) the reasons for and duration and nature of the action;
(v) the action of the Secretary is consistent with applicable law; and
(vi) the Secretary authorizes the use of the intrusion detection and prevention capabilities in accordance with the advance procedures established under subparagraph (C).
(B)
(C)
(4)
(A) protect agency information from unauthorized access, use, disclosure, disruption, modification, or destruction; or
(B) require the remediation of or protect against identified information security risks with respect to—
(i) information collected or maintained by or on behalf of an agency; or
(ii) that portion of an information system used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency.
(i)
(j)
(k)
(1) the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Appropriations, the Committee on Homeland Security, the Committee on Oversight and Government Reform, and the Committee on Science, Space, and Technology of the House of Representatives.
(l)
(1)
(2)
(Added
Editorial Notes
References in Text
Section 230(b)(1) of the Homeland Security Act of 2002, referred to in subsec. (h)(3)(A), is section 230(b)(1) of title II of
The Homeland Security Act of 2002, referred to in subsec. (l)(1), is
Prior Provisions
Provisions similar to this section were contained in
Amendments
2021—Subsec. (b)(7) to (9).
Subsec. (l).
2019—Subsecs. (j), (k).
2018—Subsec. (a)(5).
2015—Subsec. (b)(6)(B).
Subsecs. (h) to (j).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 2018 Amendment
Amendment by
Construction
No TikTok on Government Devices
"SEC. 101. SHORT TITLE.
"This division may be cited as the 'No TikTok on Government Devices Act'.
"SEC. 102. PROHIBITION ON THE USE OF TIKTOK.
"(a)
"(1) the term 'covered application' means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited;
"(2) the term 'executive agency' has the meaning given that term in
"(3) the term 'information technology' has the meaning given that term in
"(b)
"(1)
"(2)
"(A) exceptions for law enforcement activities, national security interests and activities, and security researchers; and
"(B) for any authorized use of a covered application under an exception, requirements for executive agencies to develop and document risk mitigation actions for such use."
Breaches
"(1)
"(A) except as provided in paragraph (4), notice by the affected agency to each committee of Congress described in
"(i) be provided expeditiously and not later than 30 days after the date on which the agency discovered the unauthorized acquisition or access; and
"(ii) include—
"(I) information about the breach, including a summary of any information that the agency knows on the date on which notification is provided about how the breach occurred;
"(II) an estimate of the number of individuals affected by the breach, based on information that the agency knows on the date on which notification is provided, including an assessment of the risk of harm to affected individuals;
"(III) a description of any circumstances necessitating a delay in providing notice to affected individuals; and
"(IV) an estimate of whether and when the agency will provide notice to affected individuals; and
"(B) notice by the affected agency to affected individuals, pursuant to data breach notification policies and guidelines, which shall be provided as expeditiously as practicable and without unreasonable delay after the agency discovers the unauthorized acquisition or access.
"(2)
"(3)
"(A)
"(i) assess agency implementation of data breach notification policies and guidelines in aggregate; and
"(ii) include the assessment described in clause (i) in the report required under
"(B)
"(4)
"(5)
Similar provisions were contained in
1 See References in Text note below.
§3554. Federal agency responsibilities
(a)
(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, subchapter III of
(i) information security standards promulgated under
(ii) operational directives developed by the Secretary under section 3553(b);
(iii) policies and procedures issued by the Director;
(iv) information security standards and guidelines for national security systems issued in accordance with law and as directed by the President;
(v) emergency directives issued by the Secretary under section 3553(h); and
(vi) responsibilities relating to assessing and avoiding, mitigating, transferring, or accepting supply chain risks under
(C) ensuring that information security management processes are integrated with agency strategic, operational, and budgetary 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
(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
(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;
(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;
(6) ensure that senior agency officials, including chief information officers of component agencies or equivalent officials, carry out responsibilities under this subchapter as directed by the official delegated authority under paragraph (3); and
(7) ensure that all personnel are held accountable for complying with the agency-wide information security program implemented under subsection (b).
(b)
(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, which may include using automated tools consistent with standards and guidelines promulgated under
(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
(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); 1
(B) may include testing relied on in an evaluation under section 3555; and
(C) shall include using automated tools, consistent with standards and guidelines promulgated under
(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, which—
(A) shall be consistent with the standards and guidelines described in section 3556(b);
(B) may include using automated tools; and
(C) shall include—
(i) mitigating risks associated with such incidents before substantial damage is done;
(ii) notifying and consulting with the Federal information security incident center established in section 3556; and
(iii) notifying and consulting with, as appropriate—
(I) law enforcement agencies and relevant Offices of Inspector General and Offices of General Counsel;
(II) an office designated by the President for any incident involving a national security system;
(III) for a major incident, the committees of Congress described in subsection (c)(1)—
(aa) not later than 7 days after the date on which there is a reasonable basis to conclude that the major incident has occurred; and
(bb) after the initial notification under item (aa), within a reasonable period of time after additional information relating to the incident is discovered, including the summary required under subsection (c)(1)(A)(i); and
(IV) 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)
(1)
(A)
(i) a description of each major information security incident or related sets of incidents, including summaries of—
(I) the threats and threat actors, vulnerabilities, and impacts relating to the incident;
(II) the risk assessments conducted under section 3554(a)(2)(A) of the affected information systems before the date on which the incident occurred;
(III) the status of compliance of the affected information systems with applicable security requirements at the time of the incident; and
(IV) the detection, response, and remediation actions;
(ii) the total number of information security incidents, including a description of incidents resulting in significant compromise of information security, system impact levels, types of incident, and locations of affected systems;
(iii) a description of each major information security incident that involved a breach of personally identifiable information, as defined by the Director, including—
(I) the number of individuals whose information was affected by the major information security incident; and
(II) a description of the information that was breached or exposed; and
(iv) any other information as the Director or the Secretary, in consultation with the Director, may require.
(B)
(i)
(ii)
(2)
(d)
(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)(1).
(e)
(Added
Editorial Notes
Prior Provisions
Provisions similar to this section were contained in
Amendments
2018—Subsec. (a)(1)(B).
Subsec. (a)(1)(B)(vi).
2015—Subsec. (a)(1)(B)(v).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 2018 Amendment
Amendment by
Major Incident
"(1) develop guidance on what constitutes a major incident for purposes of
"(2) provide to Congress periodic briefings on the status of the developing of the guidance until the date on which the guidance is issued."
1 So in original. Section 3505 contains two subsecs. (c).
§3555. Annual independent evaluation
(a)
(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 of the effectiveness of the information security policies, procedures, and practices of the agency; and
(C) separate presentations, as appropriate, regarding information security relating to national security systems.
(b)
(1) for each agency with an Inspector General appointed under
(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)
(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)
(e)
(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)
(g)
(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 National 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)
(1) the adequacy and effectiveness of agency information security policies and practices; and
(2) implementation of the requirements of this subchapter.
(i)
(j)
(Added
Editorial Notes
Prior Provisions
Provisions similar to this section were contained in
Amendments
2022—Subsec. (b)(1).
§3556. Federal information security incident center
(a)
(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;
(4) provide, as appropriate, intelligence and other information about cyber threats, vulnerabilities, and incidents to agencies to assist in risk assessments conducted under section 3554(b); and
(5) 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)
(Added
Editorial Notes
Prior Provisions
Provisions similar to this section were contained in
§3557. National security systems
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.
(Added
Editorial Notes
Prior Provisions
Provisions similar to this section were contained in
Statutory Notes and Related Subsidiaries
Enforcement of Cybersecurity Requirements for National Security Systems
"(a)
"(1)
"(2)
"(3)
"(A) national security systems (as defined in
"(B) information systems described in paragraph (2) or (3) of section 3553(e) of such title.
"(b)
"(c)
"(d)
"(e)
"(f)
"(1)
"(2)
"(A) the circumstances under which the head of an element of the intelligence community may exempt a national security system under paragraph (1); and
"(B) the process for implementing the exemption.
"(3)
"(A)
"(i) submit to the congressional intelligence committees an annual report documenting all exemptions made under paragraph (1) during the period covered by the report, along with the justifications for the exemptions; and
"(ii) in the case of an exemption made by the Assistant Secretary of State for Intelligence and Research under such paragraph, submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a separate report describing the exemption and the justification for it.
"(B)
[For definitions of "intelligence community" and "congressional intelligence committees" as used in section 6309 of
§3558. Effect on existing law
Nothing in this subchapter,
(Added
Editorial Notes
Prior Provisions
Provisions similar to this section were contained in
1 So in original. Probably should be "National Institute of Standards".
2 So in original. Probably should be "chapter".
§3559. Federal websites required to be mobile friendly
(a)
(b)
(1)
(2)
(Added
Editorial Notes
References in Text
The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of
SUBCHAPTER III—CONFIDENTIAL INFORMATION PROTECTION AND STATISTICAL EFFICIENCY
Editorial Notes
Prior Provisions
Provisions similar to those in parts A to C of this subchapter were contained in
Part A—General
§3561. Definitions
In this subchapter:
(1)
(2)
(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
(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 subchapter; and
(B) who agrees in writing to comply with all provisions of law that affect information acquired by that agency.
(3)
(4)
(5)
(6)
(7)
(8)
(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
(9)
(10)
(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.
(11)
(12)
(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).
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 180 days after Jan. 14, 2019, see section 403 of
Transitional and Savings Provisions
"(1)
"(2)
"(3)
"(4)
"(5)
Deadline for Guidance and Implementation
§3562. Coordination and oversight of policies
(a)
(b)
(c)
(d)
(1) The head of each agency shall provide to the Director such reports and other information as the Director requests.
(2) Each Designated Statistical Agency (as defined in section 3576(e)) shall report annually to the Director, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate on the actions it has taken to implement section 3576. The report shall include copies of each written agreement entered into pursuant to section 3576(c)(1) for the applicable year.
(3) The Director shall include a summary of reports submitted to the Director under this subsection and actions taken by the Director to advance the purposes of this subchapter in the annual report to Congress on statistical programs prepared under section 3504(e)(2).
(Added
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date
Section effective 180 days after Jan. 14, 2019, see section 403 of
§3563. Statistical agencies
(a)
(1)
(A) produce and disseminate relevant and timely statistical information;
(B) conduct credible and accurate statistical activities;
(C) conduct objective statistical activities; and
(D) protect the trust of information providers by ensuring the confidentiality and exclusive statistical use of their responses.
(2)
(b)
(c)
(d)
(1)
(2)
(3)
(4)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 180 days after Jan. 14, 2019, see section 403 of
§3564. Effect on other laws
(a)
(b)
(c)
(d)
(1) section 12, 20, or 59 of the Federal Energy Administration Act of 1974 (
(2) section 11 of the Energy Supply and Environmental Coordination Act of 1974 (
(3) section 205 or 407 of the Department of Energy Organization Act (
(e)
(f)
(g)
(h)
(i)
(Added
Editorial Notes
References in Text
Section 201 of the Congressional Budget Act of 1974, referred to in subsec. (e), is classified to
Section 6103 of the Internal Revenue Code of 1986, referred to in subsec. (h), is classified to
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 180 days after Jan. 14, 2019, see section 403 of
Part B—Confidential Information Protection
§3571. 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.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 180 days after Jan. 14, 2019, see section 403 of
§3572. Confidential information protection
(a)
(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 subchapter 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.
(b)
(c)
(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.
(d)
(e)
(f)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 180 days after Jan. 14, 2019, see section 403 of
Part C—Statistical Efficiency
§3575. 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) Congress enacted the International Investment and Trade in Services Survey Act (
(6) With part B of this subchapter, 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.
(Added
Editorial Notes
References in Text
The International Investment and Trade in Services Survey Act, referred to in par. (5), is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 180 days after Jan. 14, 2019, see section 403 of
§3576. Designated statistical agencies
(a)
(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.
(b)
(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.
(c)
(1)
(A) the business data to be shared;
(B) the statistical purposes for which the business data are to be used;
(C) the officers, employees, and agents authorized to examine the business data to be shared; and
(D) appropriate security procedures to safeguard the confidentiality of the business data.
(2)
(3)
(A) 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
(B) to the unlawful disclosure of the business data that would apply to officers, employees, and agents of the agency that originally obtained the information.
(4)
(d)
(1)
(2)
(e)
(1) The Census Bureau 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.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 180 days after Jan. 14, 2019, see section 403 of
Part D—Access to Data for Evidence
§3581. Presumption of accessibility for statistical agencies and units
(a)
(b)
(1) prohibits the sharing or intended use of such asset in a manner as to leave no discretion on the issue; or
(2) if enacted after the date of the enactment of this section, specifically cites to this paragraph.
(c)
(1) require the timely provision of data assets under subsection (a);
(2) provide a list of statutes that exempt agencies from the requirement under subsection (a) pursuant to subsection (b)(1);
(3) establish clear and consistent standards, to the extent possible, for complying with
(4) require a transparent process for statistical agencies and units to request data assets from agencies and for agencies to respond to such requests.
(d)
(Added
Editorial Notes
References in Text
The date of the enactment of this section, referred to in subsec. (b)(2), is the date of enactment of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 180 days after Jan. 14, 2019, see section 403 of
§3582. Expanding secure access to CIPSEA data assets
(a)
(b)
(1) Standards for each statistical agency or unit to assess each data asset owned or accessed by the statistical agency or unit for purposes of categorizing the sensitivity level of each such asset and identifying the corresponding level of accessibility to each such asset. Such standards shall include—
(A) common sensitivity levels and corresponding levels of accessibility that may be assigned to a data asset, including a requisite minimum and maximum number of sensitivity levels for each statistical agency or unit to use;
(B) criteria for determining the sensitivity level and corresponding level of accessibility of each data asset; and
(C) criteria for determining whether a less sensitive and more accessible version of a data asset can be produced.
(2) Standards for each statistical agency or unit to improve access to a data asset pursuant to paragraph (1) or (3) by removing or obscuring information in such a manner that the identity of the data subject is less likely to be reasonably inferred by either direct or indirect means.
(3) A requirement for each statistical agency or unit to conduct a comprehensive risk assessment of any data asset acquired or accessed under this subchapter prior to any public release of such asset, including standards for such comprehensive risk assessment and criteria for making a determination of whether to release the data.
(4) Requirements for each statistical agency or unit to make any process or assessment established, produced, or conducted pursuant to this section transparent and easy to understand, including the following:
(A) A requirement to make information on the assessment of the sensitivity level of each data asset conducted pursuant to paragraph (1) available on the Federal data catalogue established under section 3511(c)(1).
(B) A requirement to make any comprehensive risk assessment, and associated determinations, conducted under paragraph (3) available on the Federal data catalogue established under section 3511(c)(1).
(C) A requirement to make any standard or policy established by the statistical agency or unit to carry out this section and any assessment conducted under this section easily accessible on the public website of such agency or unit.
(c)
(1) make public all standards and policies established under this section; and
(2) ensure that statistical agencies and units have the ability to make information public on the Federal data catalogue established under section 3511(c)(1), in accordance with requirements established pursuant to subsection (b).
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 180 days after Jan. 14, 2019, see section 403 of
§3583. Application to access data assets for developing evidence
(a)
(1) Sufficient detail to ensure that each statistical agency or unit establishes an identical process.
(2) A common application form.
(3) Criteria for statistical agencies and units to determine whether to grant an applicant access to a data asset.
(4) Timeframes for prompt determinations by each statistical agency or unit.
(5) An appeals process for adverse decisions and noncompliance with the process established under this subsection.
(6) Standards for transparency, including requirements to make the following information publicly available:
(A) Each application received.
(B) The status of each application.
(C) The determination made for each application.
(D) Any other information, as appropriate, to ensure full transparency of the process established under this subsection.
(b)
(c)
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 180 days after Jan. 14, 2019, see section 403 of