The purposes of this subchapter are to—
(1) minimize the paperwork burden for individuals, small businesses, educational and nonprofit institutions, Federal contractors, State, local and tribal governments, and other persons resulting from the collection of information by or for the Federal Government;
(2) ensure the greatest possible public benefit from and maximize the utility of information created, collected, maintained, used, shared and disseminated by or for the Federal Government;
(3) coordinate, integrate, and to the extent practicable and appropriate, make uniform Federal information resources management policies and practices as a means to improve the productivity, efficiency, and effectiveness of Government programs, including the reduction of information collection burdens on the public and the improvement of service delivery to the public;
(4) improve the quality and use of Federal information to strengthen decisionmaking, accountability, and openness in Government and society;
(5) minimize the cost to the Federal Government of the creation, collection, maintenance, use, dissemination, and disposition of information;
(6) strengthen the partnership between the Federal Government and State, local, and tribal governments by minimizing the burden and maximizing the utility of information created, collected, maintained, used, disseminated, and retained by or for the Federal Government;
(7) provide for the dissemination of public information on a timely basis, on equitable terms, and in a manner that promotes the utility of the information to the public and makes effective use of information technology;
(8) ensure that the creation, collection, maintenance, use, dissemination, and disposition of information by or for the Federal Government is consistent with applicable laws, including laws relating to—
(A) privacy and confidentiality, including section 552a of title 5;
(B) security of information, including section 11332 of title 40 1 ; and
(C) access to information, including section 552 of title 5;
(9) ensure the integrity, quality, and utility of the Federal statistical system;
(10) ensure that information technology is acquired, used, and managed to improve performance of agency missions, including the reduction of information collection burdens on the public; and
(11) improve the responsibility and accountability of the Office of Management and Budget and all other Federal agencies to Congress and to the public for implementing the information collection review process, information resources management, and related policies and guidelines established under this subchapter.
References in Text
Section 11332 of title 40, referred to in par. (8)(B), was repealed by Pub. L. 107–296, title X, §1005(a)(1), Nov. 25, 2002, 116 Stat. 2272, and Pub. L. 107–347, title III, §305(a), Dec. 17, 2002, 116 Stat. 2960.
Prior Provisions
A prior section 3501, added Pub. L. 96–511, §2(a), Dec. 11, 1980, 94 Stat. 2812; amended Pub. L. 99–500, §101(m) [title VIII, §811], Oct. 18, 1986, 100 Stat. 1783–308, 1783–335, and Pub. L. 99–591, §101(m) [title VIII, §811], Oct. 30, 1986, 100 Stat. 3341–308, 3341–335, related to purposes of this chapter prior to the general amendment of this chapter by Pub. L. 104–13.
Another prior section 3501, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1302, related to information for Federal agencies, prior to the general amendment of this chapter by Pub. L. 96–511.
Amendments
2002—Par. (8)(B). Pub. L. 107–217 substituted "section 11332 of title 40" for "the Computer Security Act of 1987 (Public Law 100–235)".
2000—Pub. L. 106–398 substituted "subchapter" for "chapter" in introductory provisions and in par. (11).
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, §1065] of Pub. L. 106–398, Oct. 30, 2000, 114 Stat. 1654, formerly set out as an Effective Date note under former section 3531 of this title.
Effective Date
Pub. L. 104–13, §4, May 22, 1995, 109 Stat. 185, provided that:
"(a)
"(b)
"(c)
"(1) the amendments made by this Act [enacting this chapter and amending section 91 of Title 13] shall apply to the collection of information beginning on the earlier of—
"(A) the first renewal or modification of that collection of information after September 30, 1995; or
"(B) the expiration of its control number after September 30, 1995.
"(2) prior to such renewal, modification, or expiration, the collection of information shall be subject to chapter 35 of title 44, United States Code, as in effect on September 30, 1995."
Short Title
This chapter is popularly known as the "Paperwork Reduction Act".
21st Century Integrated Digital Experience
Pub. L. 115–336, Dec. 20, 2018, 132 Stat. 5025, provided that:
"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 (29 U.S.C. 794d);
"(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 (15 U.S.C. 7001 et seq.).
"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 section 3559 of title 44, United States Code; and
"(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
Pub. L. 107–347, title II, Dec. 17, 2002, 116 Stat. 2910, as amended by Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–281, §1, Aug. 2, 2004, 118 Stat. 889, provided that:
"SEC. 201. DEFINITIONS.
"Except as otherwise provided, in this title the definitions under sections 3502 and 3601 of title 44, United States Code, shall apply.
"SEC. 202. FEDERAL AGENCY RESPONSIBILITIES.
"(a)
"(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 sections 2072 and 2075 of title 28, United States Code, to protect privacy and security concerns relating to electronic filing of documents and the public availability under this subsection of documents filed electronically or converted to electronic form.
"(ii) Such rules shall provide to the extent practicable for uniform treatment of privacy and security issues throughout the Federal courts.
"(iii) Such rules shall take into consideration best practices in Federal and State courts to protect private information or otherwise maintain necessary information security.
"(iv) Except as provided in clause (v), to the extent that such rules provide for the redaction of certain categories of information in order to protect privacy and security concerns, such rules shall provide that a party that wishes to file an otherwise proper document containing such protected information may file an unredacted document under seal, which shall be retained by the court as part of the record, and which, at the discretion of the court and subject to any applicable rules issued in accordance with chapter 131 of title 28, United States Code, shall be either in lieu of, or in addition to, a redacted copy in the public file.
"(v) Such rules may require the use of appropriate redacted identifiers in lieu of protected information described in clause (iv) in any pleading, motion, or other paper filed with the court (except with respect to a paper that is an exhibit or other evidentiary matter, or with respect to a reference list described in this subclause), or in any written discovery response—
"(I) by authorizing the filing under seal, and permitting the amendment as of right under seal, of a reference list that—
"(aa) identifies each item of unredacted protected information that the attorney or, if there is no attorney, the party, certifies is relevant to the case; and
"(bb) specifies an appropriate redacted identifier that uniquely corresponds to each item of unredacted protected information listed; and
"(II) by providing that all references in the case to the redacted identifiers in such reference list shall be construed, without more, to refer to the corresponding unredacted item of protected information.
"(B)(i) Subject to clause (ii), the Judicial Conference of the United States may issue interim rules, and interpretive statements relating to the application of such rules, which conform to the requirements of this paragraph and which shall cease to have effect upon the effective date of the rules required under subparagraph (A).
"(ii) Pending issuance of the rules required under subparagraph (A), any rule or order of any court, or of the Judicial Conference, providing for the redaction of certain categories of information in order to protect privacy and security concerns arising from electronic filing or electronic conversion shall comply with, and be construed in conformity with, subparagraph (A)(iv).
"(C) Not later than 1 year after the rules prescribed under subparagraph (A) take effect, and every 2 years thereafter, the Judicial Conference shall submit to Congress a report on the adequacy of those rules to protect privacy and security.
"(d)
"(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 chapter 5 of title 5, United States Code, (commonly referred to as the 'Administrative Procedures Act').
"(b)
"(c)
"(d)
"(1)
"(2)
"(A) all submissions under section 553(c) of title 5, United States Code; and
"(B) other materials that by agency rule or practice are included in the rulemaking docket under section 553(c) of title 5, United States Code, whether or not submitted electronically.
"(e)
"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 section 3602(f)(8) of title 44, United States Code;
"(B) defining categories of Government information which shall be required to be classified under the standards; and
"(C) determining priorities and developing schedules for the initial implementation of the standards by agencies.
"(3)
"(4)
"(e)
"(1)
"(A) the adoption by agencies of policies and procedures to ensure that chapters 21, 25, 27, 29, and 31 of title 44, United States Code, are applied effectively and comprehensively to Government information on the Internet and to other electronic records; and
"(B) the imposition of timetables for the implementation of the policies and procedures by agencies.
"(2)
"(A) requiring the adoption by agencies of policies and procedures to ensure that chapters 21, 25, 27, 29, and 31 of title 44, United States Code, are applied effectively and comprehensively to Government information on the Internet and to other electronic records; and
"(B) imposing timetables for the implementation of the policies, procedures, and technologies by agencies.
"(3)
"(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 section 552 of title 5, United States Code (commonly referred to as the 'Freedom of Information Act');
"(iii) information about the organizational structure of the agency; and
"(iv) the strategic plan of the agency developed under section 306 of title 5, United States Code; and
"(B) minimum agency goals to assist public users to navigate agency websites, including—
"(i) speed of retrieval of search results;
"(ii) the relevance of the results;
"(iii) tools to aggregate and disaggregate data; and
"(iv) security protocols to protect information.
"(2)
"(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 section 552 of title 5, United States Code, and performed by—
"(aa) institutions not a part of the Federal Government, including State, local, and foreign governments; industrial firms; educational institutions; not-for-profit organizations; federally funded research and development centers; and private individuals; and
"(bb) entities of the Federal Government, including research and development laboratories, centers, and offices; and
"(II) integrate information about each separate research and development task or award, including—
"(aa) the dates upon which the task or award is expected to start and end;
"(bb) a brief summary describing the objective and the scientific and technical focus of the task or award;
"(cc) the entity or institution performing the task or award and its contact information;
"(dd) the total amount of Federal funds expected to be provided to the task or award over its lifetime and the amount of funds expected to be provided in each fiscal year in which the work of the task or award is ongoing;
"(ee) any restrictions attached to the task or award that would prevent the sharing with the general public of any or all of the information required by this subsection, and the reasons for such restrictions; and
"(ff) such other information as may be determined to be appropriate; and
"(ii) 1 or more websites upon which all or part of the repository of Federal research and development shall be made available to and searchable by Federal agencies and non-Federal entities, including the general public, to facilitate—
"(I) the coordination of Federal research and development activities;
"(II) collaboration among those conducting Federal research and development;
"(III) the transfer of technology among Federal agencies and between Federal agencies and non-Federal entities; and
"(IV) access by policymakers and the public to information concerning Federal research and development activities.
"(B)
"(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 section 552a of title 5, United States Code, (commonly referred to as the 'Privacy Act').
"(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 section 552a of title 5, United States Code (commonly referred to as the 'Privacy Act'), and other laws relevant to the protection of the privacy of an individual.
"(2)
"(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 chapter 37 of title 5, United States Code, might be used to help carry them out.
"(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 section 105 of title 5, United States Code; and
"(2) 'person' means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, interstate body, or agency or component of the Federal Government.
"(c)
"(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 section 552(b)(4) of title 5, United States Code, and other relevant law;
"(2) personal privacy information under sections 552(b)(6) and (7)(C) and 552a of title 5, United States Code, and other relevant law;
"(3) other information consistent with section 552(b)(3) of title 5, United States Code, and other relevant law; and
"(4) confidential statistical information collected under a confidentiality pledge, solely for statistical purposes, consistent with the Office of Management and Budget's Federal Statistical Confidentiality Order, and other relevant law.
"SEC. 213. COMMUNITY TECHNOLOGY CENTERS.
"(a)
"(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 Reform] 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 Reform] 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
Pub. L. 107–347, title III, §301(c)(1)(A), Dec. 17, 2002, 116 Stat. 2955, provided that: "Nothing in this Act [see Tables for classification] (including any amendment made by this Act) shall supersede any authority of the Secretary of Defense, the Director of Central Intelligence, or other agency head, as authorized by law and as directed by the President, with regard to the operation, control, or management of national security systems, as defined by [former] section 3542(b)(2) of title 44, United States Code [see now 44 U.S.C. 3552(b)(6)]."
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.]
Atomic Energy Act of 1954
Pub. L. 107–347, title III, §301(c)(2), Dec. 17, 2002, 116 Stat. 2955, provided that: "Nothing in this Act [see Tables for classification] shall supersede any requirement made by or under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted data or formerly restricted data shall be handled, protected, classified, downgraded, and declassified in conformity with the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.)."
Confidential Information Protection and Statistical Efficiency
Pub. L. 107–347, title V, Dec. 17, 2002, 116 Stat. 2962, which related to confidential information protection and statistical efficiency, was repealed by Pub. L. 115–435, title III, §302(c)(1), title IV, §403, Jan. 14, 2019, 132 Stat. 5552, 5557, effective 180 days after Jan. 14, 2019, and restated as parts A to C of subchapter III of this chapter. See Transitional and Savings Provisions note set out under section 3561 of this title.
Waiver of Paperwork Reduction
Pub. L. 101–508, title IV, §4711(f), Nov. 5, 1990, 104 Stat. 1388–187, provided that: "Chapter 35 of title 44, United States Code, and Executive Order 12291 [formerly set out as a note under section 601 of Title 5, Government Organization and Employees] shall not apply to information and regulations required for purposes of carrying out this Act [see Tables for classification] and implementing the amendments made by this Act."
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.
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