§ 3504. — Authority and functions of Director.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 44USC3504]
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY
SUBCHAPTER I--FEDERAL INFORMATION POLICY
Sec. 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 the Government Information Locator Service;
and
(B) the development and utilization of common standards for
information collection, storage, processing and communication,
including standards for security, interconnectivity and
interoperability;
(3) initiate and review proposals for changes in legislation,
regulations, and agency procedures to improve information resources
management practices;
(4) oversee the development and implementation of best practices
in information resources management, including training; and
(5) oversee agency integration of program and management
functions with information resources management functions.
(c) With respect to the collection of information and the control of
paperwork, the Director shall--
(1) review and approve proposed agency collections of
information;
(2) coordinate the review of the collection of information
associated with Federal procurement and acquisition by the Office of
Information and Regulatory Affairs with the Office of Federal
Procurement Policy, with particular emphasis on applying information
technology to improve the efficiency and effectiveness of Federal
procurement, acquisition and payment, and to reduce information
collection burdens on the public;
(3) minimize the Federal information collection burden, with
particular emphasis on those individuals and entities most adversely
affected;
(4) maximize the practical utility of and public benefit from
information collected by or for the Federal Government;
(5) establish and oversee standards and guidelines by which
agencies are to estimate the burden to comply with a proposed
collection of information; \1\
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\1\ So in original. Probably should be followed by ``and''.
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(6) publish in the Federal Register and make available on the
Internet (in consultation with the Small Business Administration) on
an annual basis a list of the compliance assistance resources
available to small businesses, with the first such publication
occurring not later than 1 year after the date of enactment of the
Small Business Paperwork Relief Act of 2002.
(d) With respect to information dissemination, the Director shall
develop and oversee the implementation of policies, principles,
standards, and guidelines to--
(1) apply to Federal agency dissemination of public information,
regardless of the form or format in which such information is
disseminated; and
(2) promote public access to public information and fulfill the
purposes of this subchapter, including through the effective use of
information technology.
(e) With respect to statistical policy and coordination, the
Director shall--
(1) coordinate the activities of the Federal statistical system
to ensure--
(A) the efficiency and effectiveness of the system; and
(B) the integrity, objectivity, impartiality, utility, and
confidentiality of information collected for statistical
purposes;
(2) ensure that budget proposals of agencies are consistent with
system-wide priorities for maintaining and improving the quality of
Federal statistics and prepare an annual report on statistical
program funding;
(3) develop and oversee the implementation of Governmentwide
policies, principles, standards, and guidelines concerning--
(A) statistical collection procedures and methods;
(B) statistical data classification;
(C) statistical information presentation and dissemination;
(D) timely release of statistical data; and
(E) such statistical data sources as may be required for the
administration of Federal programs;
(4) evaluate statistical program performance and agency
compliance with Governmentwide policies, principles, standards and
guidelines;
(5) promote the sharing of information collected for statistical
purposes consistent with privacy rights and confidentiality pledges;
(6) coordinate the participation of the United States in
international statistical activities, including the development of
comparable statistics;
(7) appoint a chief statistician who is a trained and
experienced professional statistician to carry out the functions
described under this subsection;
(8) establish an Interagency Council on Statistical Policy to
advise and assist the Director in carrying out the functions under
this subsection that shall--
(A) be headed by the chief statistician; and
(B) consist of--
(i) the heads of the major statistical programs; and
(ii) representatives of other statistical agencies under
rotating membership; and
(9) provide opportunities for training in statistical policy
functions to employees of the Federal Government under which--
(A) each trainee shall be selected at the discretion of the
Director based on agency requests and shall serve under the
chief statistician for at least 6 months and not more than 1
year; and
(B) all costs of the training shall be paid by the agency
requesting training.
(f) With respect to records management, the Director shall--
(1) provide advice and assistance to the Archivist of the United
States and the Administrator of General Services to promote
coordination in the administration of chapters 29, 31, and 33 of
this title with the information resources management policies,
principles, standards, and guidelines established under this
subchapter;
(2) review compliance by agencies with--
(A) the requirements of chapters 29, 31, and 33 of this
title; and
(B) regulations promulgated by the Archivist of the United
States and the Administrator of General Services; and
(3) oversee the application of records management policies,
principles, standards, and guidelines, including requirements for
archiving information maintained in electronic format, in the
planning and design of information systems.
(g) With respect to privacy and security, the Director shall--
(1) develop and oversee the implementation of policies,
principles, standards, and guidelines on privacy, confidentiality,
security, disclosure and sharing of information collected or
maintained by or for agencies; and
(2) oversee and coordinate compliance with sections 552 and 552a
of title 5, sections 20 and 21 of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3 and 278g-4), section
11331 of title 40 and subchapter II of this chapter, and related
information management laws.
(h) With respect to Federal information technology, the Director
shall--
(1) in consultation with the Director of the National Institute
of Standards and Technology and the Administrator of General
Services--
(A) develop and oversee the implementation of policies,
principles, standards, and guidelines for information technology
functions and activities of the Federal Government, including
periodic evaluations of major information systems; and
(B) oversee the development and implementation of standards
under section 11331 of title 40;
(2) monitor the effectiveness of, and compliance with,
directives issued under subtitle III of title 40 and directives
issued under section 322 of title 40;
(3) coordinate the development and review by the Office of
Information and Regulatory Affairs of policy associated with Federal
procurement and acquisition of information technology with the
Office of Federal Procurement Policy;
(4) ensure, through the review of agency budget proposals,
information resources management plans and other means--
(A) agency integration of information resources management
plans, program plans and budgets for acquisition and use of
information technology; and
(B) the efficiency and effectiveness of inter-agency
information technology initiatives to improve agency performance
and the accomplishment of agency missions; and
(5) promote the use of information technology by the Federal
Government to improve the productivity, efficiency, and
effectiveness of Federal programs, including through dissemination
of public information and the reduction of information collection
burdens on the public.
(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 167; amended Pub.
L. 104-106, div. E, title LI, Sec. 5131(e)(1), title LVI, Sec. 5605(b),
(c), Feb. 10, 1996, 110 Stat. 688, 700; Pub. L. 105-85, div. A, title X,
Sec. 1073(h)(5)(B), (C), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 105-277,
div. C, title XVII, Sec. 1702, Oct. 21, 1998, 112 Stat. 2681-749; Pub.
L. 106-398, Sec. 1 [[div. A], title X, Sec. 1064(b)], Oct. 30, 2000, 114
Stat. 1654, 1654A-275; Pub. L. 107-198, Sec. 2(a), June 28, 2002, 116
Stat. 729; Pub. L. 107-217, Sec. 3(l)(5), Aug. 21, 2002, 116 Stat. 1301;
Pub. L. 107-296, title X, Sec. 1005(c)(1), Nov. 25, 2002, 116 Stat.
2272; Pub. L. 107-347, title III, Sec. 305(c)(1), Dec. 17, 2002, 116
Stat. 2960.)
References in Text
The date of enactment of the Small Business Paperwork Relief Act of
2002, referred to in subsec. (c)(6), is the date of enactment of Pub. L.
107-198, which was approved June 28, 2002.
Prior Provisions
A prior section 3504, added Pub. L. 96-511, Sec. 2(a), Dec. 11,
1980, 94 Stat. 2815; amended Pub. L. 98-497, title I, Sec. 107(b)(26),
Oct. 19, 1984, 98 Stat. 2291; Pub. L. 99-500, Sec. 101(m) [title VIII,
Secs. 814, 821(b)(2)], Oct. 18, 1986, 100 Stat. 1783-308, 1783-336,
1783-342, and Pub. L. 99-591, Sec. 101(m) [title VIII, Secs. 814,
821(b)(2)], Oct. 30, 1986, 100 Stat. 3341-308, 3341-336, 3341-342,
related to authority and functions of Director prior to the general
amendment of this chapter by Pub. L. 104-13.
Another prior section 3504, Pub. L. 90-620, Oct. 22, 1968, 82 Stat.
1303, provided for designation of a central collection agency, prior to
the general amendment of this chapter by Pub. L. 96-511. See section
3509 of this title.
Amendments
2002--Subsec. (c)(6). Pub. L. 107-198 added par. (6).
Subsec. (g)(1). Pub. L. 107-296, Sec. 1005(c)(1)(A), and Pub. L.
107-347, Sec. 305(c)(1)(A), amended par. (1) identically, inserting
``and'' at end.
Subsec. (g)(2). Pub. L. 107-347, Sec. 305(c)(1)(B), substituted
``section 11331 of title 40 and subchapter II of this chapter'' for
``sections 11331 and 11332(b) and (c) of title 40'' and a period for ``;
and'' at end.
Pub. L. 107-296, Sec. 1005(c)(1)(B), which directed amendment of
par. (2) by substituting ``section 11331 of title 40 and subchapter II
of this title'' for ``sections 11331 and 11332(b) and (c) of title 40''
and a period for the semicolon, could not be executed because of
amendment by Pub. L. 107-347, Sec. 305(c)(1)(B). See Amendment note
above and Effective Date of 2002 Amendments notes below.
Pub. L. 107-217, Sec. 3(l)(5)(A), substituted ``sections 11331 and
11332(b) and (c) of title 40'' for ``section 5131 of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1441), and sections 5 and 6 of the Computer
Security Act of 1987 (40 U.S.C. 759 note)''.
Subsec. (g)(3). Pub. L. 107-296, Sec. 1005(c)(1)(C), and Pub. L.
107-347, Sec. 305(c)(1)(C), amended subsec. (g) identically, striking
out par. (3) which read as follows: ``require Federal agencies,
consistent with the standards and guidelines promulgated under sections
11331 and 11332(b) and (c) of title 40, to identify and afford security
protections commensurate with the risk and magnitude of the harm
resulting from the loss, misuse, or unauthorized access to or
modification of information collected or maintained by or on behalf of
an agency.''
Pub. L. 107-217, Sec. 3(l)(5)(B), substituted ``sections 11331 and
11332(b) and (c) of title 40'' for ``section 5131 of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1441) and sections 5 and 6 of the Computer
Security Act of 1987 (40 U.S.C. 759 note)''.
Subsec. (h)(1)(B). Pub. L. 107-217, Sec. 3(l)(5)(C), substituted
``section 11331 of title 40'' for ``section 5131 of the Clinger-Cohen
Act of 1996 (40 U.S.C. 1441)''.
Subsec. (h)(2). Pub. L. 107-217, Sec. 3(l)(5)(D), substituted
``subtitle III of title 40'' for ``division E of the Clinger-Cohen Act
of 1996 (40 U.S.C. 1401 et seq.)'' and ``section 322 of title 40'' for
``section 110 of the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 757)''.
2000--Subsecs. (a)(2), (d)(2), (f)(1). Pub. L. 106-398 substituted
``subchapter'' for ``chapter''.
1998--Subsec. (a)(1)(B)(vi). Pub. L. 105-277 amended cl. (vi)
generally. Prior to amendment, cl. (vi) read as follows: ``the
acquisition and use of information technology.''
1997--Subsecs. (g)(2), (3), (h)(1)(B). Pub. L. 105-85,
Sec. 1073(h)(5)(C), substituted ``Clinger-Cohen Act of 1996 (40 U.S.C.
1441)'' for ``Information Technology Management Reform Act of 1996''.
Subsec. (h)(2). Pub. L. 105-85, Sec. 1073(h)(5)(B), substituted
``division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)''
for ``the Information Technology Management Reform Act of 1996''.
1996--Subsec. (g)(2). Pub. L. 104-106, Sec. 5131(e)(1)(A),
substituted ``sections 20 and 21 of the National Institute of Standards
and Technology Act (15 U.S.C. 278g-3 and 278g-4), section 5131 of the
Information Technology Management Reform Act of 1996, and sections 5 and
6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)'' for ``the
Computer Security Act of 1987 (40 U.S.C. 759 note)''.
Subsec. (g)(3). Pub. L. 104-106, Sec. 5131(e)(1)(B), substituted
``the standards and guidelines promulgated under section 5131 of the
Information Technology Management Reform Act of 1996 and sections 5 and
6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)'' for ``the
Computer Security Act of 1987 (40 U.S.C. 759 note)''.
Subsec. (h)(1)(B). Pub. L. 104-106, Sec. 5605(b), substituted
``section 5131 of the Information Technology Management Reform Act of
1996'' for ``section 111(d) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 759(d))''.
Subsec. (h)(2). Pub. L. 104-106, Sec. 5605(c), substituted ``the
Information Technology Management Reform Act of 1996 and directives
issued under section 110 of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 757)'' for ``sections 110 and 111 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757
and 759)''.
Effective Date of 2002 Amendments
Amendment by Pub. L. 107-347 effective Dec. 17, 2002, see section
402(b) of Pub. L. 107-347, set out as an Effective Date note under
section 3541 of this title.
Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002,
see section 4 of Pub. L. 107-296, set out as an Effective Date note
under section 101 of Title 6, Domestic Security.
Effective Date of 2000 Amendment
Amendment by Pub. L. 106-398 effective 30 days after Oct. 30, 2000,
see section 1 [[div. A], title X, Sec. 1065] of Pub. L. 106-398, set out
as an Effective Date note under section 3531 of this title.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-106 effective 180 days after Feb. 10, 1996,
see section 5701 of Pub. L. 104-106, Feb. 10, 1996, 110 Stat. 702.
Government Paperwork Elimination
Pub. L. 105-277, div. C, title XVII, Oct. 21, 1998, 112 Stat. 2681-
749, provided that:
``SEC. 1701. SHORT TITLE.
``This title may be cited as the `Government Paperwork Elimination
Act'.
``SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND USE OF
ALTERNATIVE INFORMATION TECHNOLOGIES BY EXECUTIVE AGENCIES.
``[Amended this section.]
``SEC. 1703. PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES
BY EXECUTIVE AGENCIES.
``(a) In General.--In order to fulfill the responsibility to
administer the functions assigned under chapter 35 of title 44, United
States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions
D and E of Public Law 104-106) [see Short Title of 1996 Amendment note
set out under 41 U.S.C. 251] and the amendments made by that Act, and
the provisions of this title, the Director of the Office of Management
and Budget shall, in consultation with the National Telecommunications
and Information Administration and not later than 18 months after the
date of enactment of this Act [Oct. 21, 1998], develop procedures for
the use and acceptance of electronic signatures by Executive agencies.
``(b) Requirements for Procedures.--(1) The procedures developed
under subsection (a)--
``(A) shall be compatible with standards and technology for
electronic signatures that are generally used in commerce and
industry and by State governments;
``(B) may not inappropriately favor one industry or technology;
``(C) shall ensure that electronic signatures are as reliable as
is appropriate for the purpose in question and keep intact the
information submitted;
``(D) shall provide for the electronic acknowledgment of
electronic forms that are successfully submitted; and
``(E) shall, to the extent feasible and appropriate, require an
Executive agency that anticipates receipt by electronic means of
50,000 or more submittals of a particular form to take all steps
necessary to ensure that multiple methods of electronic signatures
are available for the submittal of such form.
``(2) The Director shall ensure the compatibility of the procedures
under paragraph (1)(A) in consultation with appropriate private bodies
and State government entities that set standards for the use and
acceptance of electronic signatures.
``SEC. 1704. DEADLINE FOR IMPLEMENTATION BY EXECUTIVE AGENCIES OF
PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES.
``In order to fulfill the responsibility to administer the functions
assigned under chapter 35 of title 44, United States Code, the
provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public
Law 104-106) [see Short Title of 1996 Amendment note set out under 41
U.S.C. 251] and the amendments made by that Act, and the provisions of
this title, the Director of the Office of Management and Budget shall
ensure that, commencing not later than five years after the date of
enactment of this Act [Oct. 21, 1998], Executive agencies provide--
``(1) for the option of the electronic maintenance, submission,
or disclosure of information, when practicable as a substitute for
paper; and
``(2) for the use and acceptance of electronic signatures, when
practicable.
``SEC. 1705. ELECTRONIC STORAGE AND FILING OF EMPLOYMENT FORMS.
``In order to fulfill the responsibility to administer the functions
assigned under chapter 35 of title 44, United States Code, the
provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public
Law 104-106) [see Short Title of 1996 Amendment note set out under 41
U.S.C. 251] and the amendments made by that Act, and the provisions of
this title, the Director of the Office of Management and Budget shall,
not later than 18 months after the date of enactment of this Act [Oct.
21, 1998], develop procedures to permit private employers to store and
file electronically with Executive agencies forms containing information
pertaining to the employees of such employers.
``SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNATURES.
``(a) Ongoing Study Required.--In order to fulfill the
responsibility to administer the functions assigned under chapter 35 of
title 44, United States Code, the provisions of the Clinger-Cohen Act of
1996 (divisions D and E of Public Law 104-106) [see Short Title of 1996
Amendment note set out under 41 U.S.C. 251] and the amendments made by
that Act, and the provisions of this title, the Director of the Office
of Management and Budget shall, in cooperation with the National
Telecommunications and Information Administration, conduct an ongoing
study of the use of electronic signatures under this title on--
``(1) paperwork reduction and electronic commerce;
``(2) individual privacy; and
``(3) the security and authenticity of transactions.
``(b) Reports.--The Director shall submit to Congress on a periodic
basis a report describing the results of the study carried out under
subsection (a).
``SEC. 1707. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC RECORDS.
``Electronic records submitted or maintained in accordance with
procedures developed under this title, or electronic signatures or other
forms of electronic authentication used in accordance with such
procedures, shall not be denied legal effect, validity, or
enforceability because such records are in electronic form.
``SEC. 1708. DISCLOSURE OF INFORMATION.
``Except as provided by law, information collected in the provision
of electronic signature services for communications with an executive
agency, as provided by this title, shall only be used or disclosed by
persons who obtain, collect, or maintain such information as a business
or government practice, for the purpose of facilitating such
communications, or with the prior affirmative consent of the person
about whom the information pertains.
``SEC. 1709. APPLICATION WITH INTERNAL REVENUE LAWS.
``No provision of this title shall apply to the Department of the
Treasury or the Internal Revenue Service to the extent that such
provision--
``(1) involves the administration of the internal revenue laws;
or
``(2) conflicts with any provision of the Internal Revenue
Service Restructuring and Reform Act of 1998 [Pub. L. 105-206, see
Tables for classification] or the Internal Revenue Code of 1986 [26
U.S.C. 1 et seq.].
``SEC. 1710. DEFINITIONS.
``For purposes of this title:
``(1) Electronic signature.--The term `electronic signature'
means a method of signing an electronic message that--
``(A) identifies and authenticates a particular person as
the source of the electronic message; and
``(B) indicates such person's approval of the information
contained in the electronic message.
``(2) Executive agency.--The term `Executive agency' has the
meaning given that term in section 105 of title 5, United States
Code.''
Section Referred to in Other Sections
This section is referred to in sections 3602, 3603 of this title;
title 40 sections 11302, 11303; title 42 section 13271.
