44 U.S.C. § 3501 — Purposes

Page 136 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 1 See References in Text note below. classified to sections 139 to 139f of former Title 5, trans- ferred to chapter 12 (§ 421 et seq.) of former Title 44, and repealed by Pub. L. 90–620 upon the enactment of this title. Subsequent to its original enactment by Pub. L. 90–620, this chapter was amended generally by Pub. L. 96–511 and again by Pub. L. 104–13. As a result, this chapter is shown herein as having been added beginning with Pub. L. 104–13 without reference to earlier amend- atory laws. See Prior Provisions notes throughout this chapter. AMENDMENTS 2019—Pub. L. 115–435, title II, § 202(d)(2)(A), (e)(2), (f)(2), title III, §§ 302(b), 303(b), Jan. 14, 2019, 132 Stat. 5541–5543, 5552, 5556, substituted ‘‘Data inventory and Federal data catalogue’’ for ‘‘Establishment and oper- ation of Government Information Locator Service’’ in item 3511 and ‘‘Chief Data Officers’’ for ‘‘Establishment of task force on information collection and dissemina- tion’’ in item 3520, added item 3520A, and added heading for subchapter III, headings for parts A to D of sub- chapter III, and items 3561 to 3564, 3571, 3572, 3575, 3576, and 3581 to 3583. 2018—Pub. L. 115–114, § 2(b), Jan. 10, 2018, 131 Stat. 2278, added item 3559. 2014—Pub. L. 113–283, § 2(e)(1), Dec. 18, 2014, 128 Stat. 3086, added heading for subchapter II and items 3551 to 3558 and struck out heading for former subchapter II and items 3531 to 3538 and heading for subchapter III and items 3541 to 3549. Prior to amendment, headings for both subchapters II and III read ‘‘INFORMATION SECURITY’’ and items under each subchapter were substantially similar to items 3551 to 3558. 2002—Pub. L. 107–347, title III, § 301(b)(2), Dec. 17, 2002, 116 Stat. 2955, added heading for subchapter III and items 3541 to 3549. Pub. L. 107–296, title X, § 1001(b)(2), Nov. 25, 2002, 116 Stat. 2267, reenacted items 3531 to 3535 without change, substituted ‘‘National security systems’’ for ‘‘Expira- tion’’ in item 3536, and added items 3537 and 3538. Pub. L. 107–198, § 3(b), June 28, 2002, 116 Stat. 732, added item 3520 and renumbered former item 3520 as 3521. 2000—Pub. L. 106–398, § 1 [[div. A], title X, § 1064(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275, inserted sub- chapters I and II headings and added items 3531 to 3536. 1995—Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 163, amended chapter heading and analysis generally. 1980—Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2812, substituted in chapter heading ‘‘INFORMATION POL- ICY’’ for ‘‘REPORTING SERVICES’’, and amended analysis generally. SUBCHAPTER I—FEDERAL INFORMATION POLICY Editorial Notes AMENDMENTS 2000—Pub. L. 106–398, § 1 [[div. A], title X, § 1064(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275, inserted sub- chapter heading. § 3501. Purposes The purposes of this subchapter are to— (1) minimize the paperwork burden for indi- viduals, small businesses, educational and nonprofit institutions, Federal contractors, State, local and tribal governments, and other persons resulting from the collection of infor- mation by or for the Federal Government; (2) ensure the greatest possible public ben- efit from and maximize the utility of informa- tion 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 reduc- tion of information collection burdens on the public and the improvement of service deliv- ery to the public; (4) improve the quality and use of Federal information to strengthen decisionmaking, ac- countability, and openness in Government and society; (5) minimize the cost to the Federal Govern- ment of the creation, collection, maintenance, use, dissemination, and disposition of informa- tion; (6) strengthen the partnership between the Federal Government and State, local, and tribal governments by minimizing the burden and maximizing the utility of information cre- ated, collected, maintained, used, dissemi- nated, and retained by or for the Federal Gov- ernment; (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 tech- nology; (8) ensure that the creation, collection, maintenance, use, dissemination, and disposi- tion of information by or for the Federal Gov- ernment is consistent with applicable laws, in- cluding laws relating to— (A) privacy and confidentiality, including section 552a of title 5; (B) security of information, including sec- tion 11332 of title 40 1 ; and (C) access to information, including sec- tion 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 per- formance of agency missions, including the re- duction of information collection burdens on the public; and (11) improve the responsibility and account- ability of the Office of Management and Budg- et and all other Federal agencies to Congress and to the public for implementing the infor- mation collection review process, information resources management, and related policies and guidelines established under this sub- chapter. (Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 163; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275; Pub. L. 107–217, § 3(l)(3), Aug. 21, 2002, 116 Stat. 1301.) Editorial Notes 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) Page 137 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 [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 pur- poses 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 chap- ter 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). Statutory Notes and Related Subsidiaries 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) IN GENERAL.—Except as otherwise provided in this section, this Act [enacting this chapter, amending section 91 of Title 13, Census, and enacting provisions set out as a note under section 101 of this title] and the amendments made by this Act shall take effect on Oc- tober 1, 1995. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—Section 3520 [now 3521] of title 44, United States Code, as amended by this Act, shall take effect on the date of enactment of this Act [May 22, 1995]. ‘‘(c) DELAYED APPLICATION.—In the case of a collec- tion of information for which there is in effect on Sep- tember 30, 1995, a control number issued by the Office of Management and Budget under chapter 35 of title 44, United States Code— ‘‘(1) the amendments made by this Act [enacting this chapter and amending section 91 of Title 13] shall apply to the collection of information beginning on the earlier of— ‘‘(A) the first renewal or modification of that col- lection 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 expira- tion, 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’’. SOURCE CODE HARMONIZATION AND REUSE IN INFORMATION TECHNOLOGY Pub. L. 118–187, Dec. 23, 2024, 138 Stat. 2638, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Source code Harmoni- zation And Reuse in Information Technology Act’ or the ‘SHARE IT Act’. ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act: ‘‘(1) AGENCY.—The term ‘agency’ has the meaning given that term in section 3502 of title 44, United States Code. ‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means the Committee on Homeland Security and Govern- mental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Rep- resentatives. ‘‘(3) CUSTOM-DEVELOPED CODE.—The term ‘custom- developed code’— ‘‘(A) means source code that is— ‘‘(i) produced in the performance of a contract with an agency or is otherwise exclusively funded by the Federal Government; or ‘‘(ii) developed by a Federal employee as part of the official duties of the employee; ‘‘(B) includes— ‘‘(i) source code, or segregable portions of source code, for which the Federal Government could obtain unlimited rights under part 27 of the Federal Acquisition Regulation or any relevant supplemental acquisition regulations of an agen- cy; and ‘‘(ii) source code written for a software project, module, plugin, script, middleware, or application programming interface; and ‘‘(C) does not include— ‘‘(i) source code that is solely exploratory or disposable in nature, including source code writ- ten by a developer experimenting with a new lan- guage or library; or ‘‘(ii) commercial computer software, commer- cial off-the-shelf software, or configuration scripts for such software. ‘‘(4) FEDERAL EMPLOYEE.—The term ‘Federal em- ployee’ has the meaning given the term in section 2105(a) of title 5, United States Code. ‘‘(5) METADATA.—The term ‘metadata’, with respect to custom-developed code— ‘‘(A) has the meaning given that term in section 3502 of title 44, United States Code; and ‘‘(B) includes— ‘‘(i) information on whether the custom-devel- oped code was— ‘‘(I) produced pursuant to a contract; or ‘‘(II) shared in a public or private repository; ‘‘(ii) any contract number under which the cus- tom-developed code was produced; and ‘‘(iii) any hyperlink to the repository in such [sic] the code was shared. ‘‘(6) PRIVATE REPOSITORY.—The term ‘private repos- itory’ means a software storage location— ‘‘(A) that contains source code, documentation, configuration scripts, as appropriate, revision his- tory, and other files; and ‘‘(B) access to which is restricted to only author- ized users. ‘‘(7) PUBLIC REPOSITORY.—The term ‘public reposi- tory’ means a software storage location— ‘‘(A) that contains source code, documentation, configuration scripts, as appropriate, revision his- tory, and other files; and ‘‘(B) access to which is open to the public. ‘‘(8) SOFTWARE.—The term ‘software’ has the mean- ing given the term ‘computer software’ in section 2.101 of title 48, Code of Federal Regulations, or any successor regulation. ‘‘(9) SOURCE CODE.—The term ‘source code’ means a collection of computer commands written in a com- puter programming language that a computer can execute as a piece of software. ‘‘SEC. 3. SOFTWARE REUSE. ‘‘(a) SHARING.—Not later than 210 days after the date of enactment of this Act [Dec. 23, 2024], the head of each agency shall ensure that the custom-developed code of the agency and other key technical components of the code (including documentation, data models, schemas, metadata, architecture designs, configuration scripts, and artifacts required to develop, build, test, and deploy the code) of the code [sic] are— ‘‘(1) stored at not less than 1 public repository or private repository; ‘‘(2) accessible to Federal employees via procedures developed under subsection (d)(1)(A)(ii)(III); and Page 138 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 ‘‘(3) owned by the agency. ‘‘(b) SOFTWARE REUSE RIGHTS IN PROCUREMENT CON- TRACTS.—The head of an agency that enters into a con- tract for the custom development of software shall ac- quire and exercise rights sufficient to enable the gov- ernmentwide access to, sharing of, use of, and modifica- tion of any custom-developed code created in the devel- opment of such software. ‘‘(c) DISCOVERY.—Not later than 210 days after the date of enactment of this Act, the head of each agency shall make metadata created on or after such date for the custom-developed code of the agency publicly ac- cessible. ‘‘(d) ACCOUNTABILITY MECHANISMS.— ‘‘(1) AGENCY CIOS.—Not later than 180 days after the date of enactment of this Act, the Chief Information Officer of each agency, in consultation with the Chief Acquisition Officer, or similar official, of the agency and the Administrator of the Office of Electronic Government, shall develop an agency-wide policy that— ‘‘(A) implements the requirements of this Act, in- cluding— ‘‘(i) ensuring that custom-developed code fol- lows the best practices established by the Direc- tor of the Office and Management and Budget under paragraph (3) for operating repositories and version control systems to keep track of changes and to facilitate collaboration among multiple developers; and ‘‘(ii) managing the sharing of custom-developed code under subsection (b), and the public accessi- bility of metadata under subsection (c), including developing— ‘‘(I) procedures to determine whether any cus- tom-developed code meets the conditions under section 4(b) for an exemption under this Act; ‘‘(II) procedures for making metadata for cus- tom-developed code publicly accessible pursu- ant to subsection (c); ‘‘(III) procedures for Federal employees to gain access to public repositories and private repositories that contain custom developed source code; and ‘‘(IV) standardized reporting practices across the agency to capture key information relating to a contract under which custom-developed source code was produced for reporting statis- tics about the contract; and ‘‘(B) corrects or amends any policies of the agen- cy that are inconsistent with the requirements of this Act. ‘‘(2) ADMINISTRATOR OF THE OFFICE OF ELECTRONIC GOVERNMENT.— ‘‘(A) MINIMUM STANDARD REPORTING REQUIRE- MENTS.—Not later than 120 days after the date of enactment of this Act, the Administrator of the Of- fice of Electronic Government shall establish min- imum standard reporting requirements for the Chief Information Officers of agencies, which shall include information relating to— ‘‘(i) measuring the frequency of reuse of code, including access and modification under sub- section (b); ‘‘(ii) whether the shared code is maintained; ‘‘(iii) whether there is a feedback mechanism for improvements to or community development of the shared code; and ‘‘(iv) the number and circumstances of all ex- emptions granted under section 4(a)(2). ‘‘(B) REPORTING REQUIREMENT.— ‘‘(i) REQUIREMENT.—Not later than 1 year after the date of the enactment of this Act, and annu- ally thereafter, the Administrator of the Office of Electronic Government shall publish on a central- ized website a report on the implementation of this Act that includes— ‘‘(I) a complete list of all exemptions granted under section 4(a)(2); and ‘‘(II) information showing whether each agen- cy has updated the acquisition and other poli- cies of the agency to be compliant with this Act. ‘‘(ii) OPEN GOVERNMENT DATA ASSET.—The report under clause (i) shall be maintained as an open Government data asset (as defined in section 3502 of title 44, United States Code). ‘‘(3) GUIDANCE.—The Director of the Office of Man- agement and Budget shall issue guidance, consistent with the purpose of this Act, that establishes best practices and uniform procedures across agencies for the purposes of implementing this subsection. ‘‘SEC. 4. EXEMPTIONS. ‘‘(a) IN GENERAL.— ‘‘(1) AUTOMATIC.— ‘‘(A) IN GENERAL.—This Act shall not apply to classified source code or source code developed pri- marily for use in a national security system (as de- fined in section 11103 of title 40, United States Code). ‘‘(B) NATIONAL SECURITY.—An exemption from the requirements under section 3 shall apply to classi- fied source code or source code developed— ‘‘(i) primarily for use in a national security sys- tem (as defined in section 11103 of title 40, United States Code); or ‘‘(ii) by an agency, or part of an agency, that is an element of the intelligence community (as de- fined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))[)]. ‘‘(C) FREEDOM OF INFORMATION ACT.—An exemp- tion from the requirements under section 3 shall apply to source code the disclosure of which is ex- empt under section 552(b) of title 5, United States Code (commonly known as the ‘Freedom of Infor- mation Act’). ‘‘(2) DISCRETIONARY.— ‘‘(A) EXEMPTION AND GUIDANCE.— ‘‘(i) IN GENERAL.—The Chief Information Officer of an agency, in consultation with the Federal Privacy Council, or any successor thereto, may exempt from the requirements of section 3 any source code for which a limited exemption de- scribed in subparagraph (B) applies. ‘‘(ii) GUIDANCE REQUIRED.—The Federal Privacy Council shall provide guidance to the Chief Infor- mation Officer of each agency relating to the lim- ited exemption described in subparagraph (B)(ii) to ensure consistent application of this paragraph across agencies. ‘‘(B) LIMITED EXEMPTIONS.—The limited exemp- tions described in this paragraph are the following: ‘‘(i) The head of the agency is prohibited from providing the source code to another individual or entity under another Federal law or regulation, including under— ‘‘(I) the Export Administration Regulations; ‘‘(II) the International Traffic in Arms Regu- lations; ‘‘(III) the regulations of the Transportation Security Administration relating to the protec- tion of Sensitive Security Information; and ‘‘(IV) the Federal laws and regulations gov- erning the sharing of classified information not covered by the exemption in paragraph (1). ‘‘(ii) The sharing or public accessibility of the source code would create an identifiable risk to the privacy of an individual. ‘‘(b) REPORTS REQUIRED.— ‘‘(1) AGENCY REPORTING.—Not later than December 31 of each year, the Chief Information Officer of an agency shall submit to the Administrator of the Of- fice of Electronic Government a report of the source code of the agency to which an exemption under para- graph (1) or (2) of subsection (a) applied during the fiscal year ending on September 30 of that year with a brief narrative justification of each exemption. ‘‘(2) ANNUAL REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this Act [Dec. 23, 2024], and annually thereafter, the Administrator of Page 139 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 the Office of Electronic Government shall submit to the appropriate congressional committees a report on all exemptions granted under paragraph (1) or (2) of subsection (a) by each agency, including a compila- tion of all information, including the narrative jus- tification, relating to each such exemption. ‘‘(3) FORM.—The reports under paragraphs (1) and (2) shall be submitted in unclassified form, with a classified annex as appropriate. ‘‘SEC. 5. GAO REPORT. ‘‘Not later than 2 years after the date of enactment of this Act [Dec. 23, 2024], the Comptroller General of the United States shall submit to Congress a report that includes an assessment of the implementation of this Act. ‘‘SEC. 6. RULE OF CONSTRUCTION. ‘‘Nothing in this Act may be construed as requiring the disclosure of information or records that are ex- empt from public disclosure under section 552 of title 5, United States Code (commonly known as the ‘Freedom of Information Act’). ‘‘SEC. 7. APPLICATION. ‘‘This Act shall apply to custom-developed code that is developed or revised— ‘‘(1) by a Federal employee not less than 180 days after the date of enactment of this Act [Dec. 23, 2024]; or ‘‘(2) under a contract awarded pursuant to a solici- tation issued not less than 180 days after the date of enactment of this Act. ‘‘SEC. 8. REVISION OF FEDERAL ACQUISITION REG- ULATION. ‘‘Not later than 1 year after the date of enactment of this Act [Dec. 23, 2024], the Federal Acquisition Regula- tion shall be revised as necessary to implement the pro- visions of this Act. ‘‘SEC. 9. NO ADDITIONAL FUNDING. ‘‘No additional funds are authorized to be appro- priated to carry out this Act.’’ IMPLEMENTATION OF TECHNOLOGY FOR CLASSIFICATION AND DECLASSIFICATION Pub. L. 118–31, div. G, title VI, § 7605, Dec. 22, 2023, 137 Stat. 1098, provided that: ‘‘(a) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act [Dec. 22, 2023], the Ad- ministrator of the Office of Electronic Government (in this section referred to as the ‘Administrator’) shall, in consultation with the Secretary of Defense, the Direc- tor of the Central Intelligence Agency, the Director of National Intelligence, the Public Interest Declassifica- tion Board, the Director of the Information Security Oversight Office, and the head of the National Declas- sification Center of the National Archives and Records Administration— ‘‘(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, includ- ing the congressional intelligence committees [Select Committee on Intelligence of the Senate and Perma- nent Select Committee on Intelligence of the House of Representatives], the Committee on Armed Serv- ices, the Committee on Homeland Security and Gov- ernmental Affairs, the Committee on Foreign Rela- tions, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Com- mittee on Oversight and Accountability, the Com- mittee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, rec- ommendations regarding a technology-based solu- tions [sic] described in paragraph (1). ‘‘(b) REPORT.—Not later than 540 days after the date of the enactment of this Act, the President shall sub- mit to Congress a classified report describing actions taken to implement the recommendations under sub- section (a)(2).’’ 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 Inte- grated Digital Experience Act’ or the ‘21st Century IDEA’. ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act: ‘‘(1) DIRECTOR.—The term ‘Director’ means the Di- rector of the Office of Management and Budget. ‘‘(2) EXECUTIVE AGENCY.—The term ‘executive agen- cy’ has the meaning given the term ‘Executive agen- cy’ in section 105 of title 5, United States Code. ‘‘SEC. 3. WEBSITE MODERNIZATION. ‘‘(a) REQUIREMENTS FOR NEW WEBSITES AND DIGITAL SERVICES.—Not later than 180 days after the date of en- actment of this Act [Dec. 20, 2018], an executive agency that creates a website or digital service that is in- tended for use by the public, or conducts a redesign of an existing legacy website or digital service that is in- tended for use by the public, shall ensure to the great- est extent practicable that any new or redesigned website, web-based form, web-based application, or dig- ital service— ‘‘(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 con- solidated; ‘‘(4) contains a search function that allows users to easily search content intended for public use; ‘‘(5) is provided through an industry standard se- cure 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 con- tinually 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 mo- bile devices. ‘‘(b) REQUIREMENTS FOR EXISTING EXECUTIVE AGENCY WEBSITES AND DIGITAL SERVICES.—Not later than 1 year after the date of enactment of this Act, the head of each executive agency that maintains a website or dig- ital service that is made available to the public shall— ‘‘(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 mod- ernization to meet the requirements under sub- section (a); and ‘‘(C) an estimation of the cost and schedule of modernizing the websites and digital services prioritized under subparagraph (B). ‘‘(c) INTERNAL DIGITAL SERVICES.—The head of each executive agency shall ensure, to the greatest extent practicable, that any Intranet established after the date of enactment of this Act conforms to the require- ments described in subsection (a). Page 140 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 ‘‘(d) PUBLIC REPORTING.—Not later than 1 year after the date of enactment of this Act and every year there- after for 4 years, the head of each executive agency shall— ‘‘(1) report annually to the Director on the progress of the executive agency in implementing the require- ments 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) COMPLIANCE WITH UNITED STATES WEBSITE STANDARDS.—Any website of an executive agency that is made available to the public after the date of enact- ment of this Act shall be in compliance with the website standards of the Technology Transformation Services of the General Services Administration. ‘‘SEC. 4. DIGITIZATION OF GOVERNMENT SERV- ICES AND FORMS. ‘‘(a) NON-DIGITAL SERVICES.—Not later than 180 days after the date of enactment of this Act [Dec. 20, 2018], the Director shall issue guidance to the head of each executive agency that establishes a process for the ex- ecutive agency to— ‘‘(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 great- est impact that could be made available to the pub- lic through an online, mobile-friendly, digital serv- ice option in a manner that decreases cost, in- creases digital conversion rates, and improves cus- tomer experience; and ‘‘(B) an estimation of the cost and schedule asso- ciated with carrying out the modernization de- scribed in subparagraph (A). ‘‘(b) SERVICES REQUIRED TO BE DIGITAL.—The head of each executive agency shall regularly review public- facing applications and services to ensure that those applications and services are, to the greatest extent practicable, made available to the public in a digital format. ‘‘(c) FORMS REQUIRED TO BE DIGITAL.—Not later than 2 years after the enactment of this Act, the head of each executive agency shall ensure that any paper based form that is related to serving the public is made available in a digital format that meets the require- ments described in section 3(a). ‘‘(d) NON-DIGITIZABLE PROCESSES.—If the head of an executive agency cannot make available in a digital format under this section an in-person Government service, form, or paper-based process, the head of the executive agency shall document— ‘‘(1) the title of the in-person Government service, form, or paper-based process; ‘‘(2) a description of the in-person Government serv- ice, form, or paper-based process; ‘‘(3) each unit responsible for the in-person Govern- ment service, form, or paper-based process and the lo- cation 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, in- cluding the implementation of existing technologies, procedural changes, regulatory changes, and legisla- tive changes. ‘‘(e) PHYSICAL AVAILABILITY.—Each executive agency shall maintain an accessible method of completing dig- ital services through in-person, paper-based, or other means, such that individuals without the ability to use digital services are not deprived of or impeded in access to those digital services. ‘‘SEC. 5. ELECTRONIC SIGNATURES. ‘‘Not later than 180 days after the date of the enact- ment of this Act, the head of each executive agency shall submit to the Director and the appropriate con- gressional committees a plan to accelerate the use of electronic signatures standards established under the Electronic Signatures in Global and National Com- merce 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 inter- nal 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 im- plementation of this Act; ‘‘(3) continually examine the digital service deliv- ery strategy of the executive agency to the public and submit recommendations to the head of the exec- utive agency providing guidance and best practices suitable to the mission of the executive agency; ‘‘(4) using qualitative and quantitative data ob- tained 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 ex- ecutive 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 stand- ardization 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) DESIGN AND IMPLEMENTATION.—Each executive agency shall, to the extent practicable, seek to main- tain as much standardization and commonality with other executive agencies as practicable in imple- menting the requirements of this Act to best enable fu- ture transitions to centralized shared services. ‘‘(b) COORDINATION.—The Chief Information Officer of each executive agency, or a designee, shall coordinate the implementation of the requirements of this Act, in- cluding the development of standards and commonal- ities. ‘‘(c) FEDERAL SUPPLY SCHEDULE.— ‘‘(1) IN GENERAL.—The General Services Adminis- tration shall make available under a Federal Supply Schedule the systems and services necessary to fulfill the requirements of this Act. ‘‘(2) REQUIREMENTS.—The Federal Supply Schedule described in paragraph (1) shall, to the extent prac- ticable, ensure interoperability between executive agencies, compliance with industry standards, and adherence to best practices for design, accessibility, and information security.’’ 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, pro- vided that: ‘‘SEC. 201. DEFINITIONS. ‘‘Except as otherwise provided, in this title the defi- nitions under sections 3502 and 3601 of title 44, United States Code, shall apply. ‘‘SEC. 202. FEDERAL AGENCY RESPONSIBILITIES. ‘‘(a) IN GENERAL.—The head of each agency shall be responsible for— ‘‘(1) complying with the requirements of this Act [see Tables for classification] (including the amend- ments made by this Act), the related information re- Page 141 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 source 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 Com- merce; ‘‘(2) ensuring that the information resource man- agement 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 effec- tively to all relevant officials within their agency; and ‘‘(3) supporting the efforts of the Director and the Administrator of the General Services Administra- tion to develop, maintain, and promote an integrated Internet-based system of delivering Federal Govern- ment information and services to the public under section 204. ‘‘(b) PERFORMANCE INTEGRATION.— ‘‘(1) Agencies shall develop performance measures that demonstrate how electronic government enables progress toward agency objectives, strategic goals, and statutory mandates. ‘‘(2) In measuring performance under this section, agencies shall rely on existing data collections to the extent practicable. ‘‘(3) Areas of performance measurement that agen- cies should consider include— ‘‘(A) customer service; ‘‘(B) agency productivity; and ‘‘(C) adoption of innovative information tech- nology, including the appropriate use of commer- cial best practices. ‘‘(4) Agencies shall link their performance goals, as appropriate, to key groups, including citizens, busi- nesses, and other governments, and to internal Fed- eral Government operations. ‘‘(5) As appropriate, agencies shall work collec- tively in linking their performance goals to groups identified under paragraph (4) and shall use informa- tion technology in delivering Government informa- tion and services to those groups. ‘‘(c) AVOIDING DIMINISHED ACCESS.—When promul- gating policies and implementing programs regarding the provision of Government information and services over the Internet, agency heads shall consider the im- pact on persons without access to the Internet, and shall, to the extent practicable— ‘‘(1) ensure that the availability of Government in- formation 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 acces- sible to individuals who do not own computers or lack access to the Internet. ‘‘(d) ACCESSIBILITY TO PEOPLE WITH DISABILITIES.—All actions taken by Federal departments and agencies under this Act [see Tables for classification] shall be in compliance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d). ‘‘(e) SPONSORED ACTIVITIES.—Agencies shall sponsor activities that use information technology to engage the public in the development and implementation of policies and programs. ‘‘(f) CHIEF INFORMATION OFFICERS.—The Chief Infor- mation Officer of each of the agencies designated under chapter 36 of title 44, United States Code (as added by this Act) shall be responsible for— ‘‘(1) participating in the functions of the Chief In- formation Officers Council; and ‘‘(2) monitoring the implementation, within their respective agencies, of information technology stand- ards promulgated by the Secretary of Commerce, in- cluding common standards for interconnectivity and interoperability, categorization of Federal Govern- ment electronic information, and computer system efficiency and security. ‘‘(g) E-GOVERNMENT STATUS REPORT.— ‘‘(1) IN GENERAL.—Each agency shall compile and submit to the Director an annual E-Government Sta- tus Report on— ‘‘(A) the status of the implementation by the agency of electronic government initiatives; ‘‘(B) compliance by the agency with this Act [see Tables for classification]; and ‘‘(C) how electronic Government initiatives of the agency improve performance in delivering pro- grams to constituencies. ‘‘(2) SUBMISSION.—Each agency shall submit an an- nual report under this subsection— ‘‘(A) to the Director at such time and in such manner as the Director requires; ‘‘(B) consistent with related reporting require- ments; and ‘‘(C) which addresses any section in this title rel- evant to that agency. ‘‘(h) USE OF TECHNOLOGY.—Nothing in this Act [see Tables for classification] supersedes the responsibility of an agency to use or manage information technology to deliver Government information and services that fulfill the statutory mission and programs of the agen- cy. ‘‘(i) NATIONAL SECURITY SYSTEMS.— ‘‘(1) INAPPLICABILITY.—Except as provided under paragraph (2), this title does not apply to national se- curity systems as defined in section 11103 of title 40, United States Code. ‘‘(2) APPLICABILITY.—This section, section 203, and section 214 do apply to national security systems to the extent practicable and consistent with law. ‘‘SEC. 203. COMPATIBILITY OF EXECUTIVE AGENCY METHODS FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES. ‘‘(a) PURPOSE.—The purpose of this section is to achieve interoperable implementation of electronic sig- natures for appropriately secure electronic trans- actions with Government. ‘‘(b) ELECTRONIC SIGNATURES.—In order to fulfill the objectives of the Government Paperwork Elimination Act (Public Law 105–277; 112 Stat. 2681–749 through 2681–751) [44 U.S.C. 3504 note], each Executive agency (as defined under section 105 of title 5, United States Code) shall ensure that its methods for use and accept- ance of electronic signatures are compatible with the relevant policies and procedures issued by the Director. ‘‘(c) AUTHORITY FOR ELECTRONIC SIGNATURES.—The Administrator of General Services shall support the Di- rector by establishing a framework to allow efficient interoperability among Executive agencies when using electronic signatures, including processing of digital signatures. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the General Services Administration, to ensure the development and oper- ation of a Federal bridge certification authority for digital signature compatibility, and for other activities consistent with this section, $8,000,000 or such sums as are necessary in fiscal year 2003, and such sums as are necessary for each fiscal year thereafter. ‘‘SEC. 204. FEDERAL INTERNET PORTAL. ‘‘(a) IN GENERAL.— ‘‘(1) PUBLIC ACCESS.—The Director shall work with the Administrator of the General Services Adminis- tration and other agencies to maintain and promote an integrated Internet-based system of providing the public with access to Government information and services. ‘‘(2) CRITERIA.—To the extent practicable, the inte- grated system shall be designed and operated accord- ing to the following criteria: ‘‘(A) The provision of Internet-based Government information and services directed to key groups, in- cluding citizens, business, and other governments, and integrated according to function or topic rath- er than separated according to the boundaries of agency jurisdiction. ‘‘(B) An ongoing effort to ensure that Internet- based Government services relevant to a given cit- izen activity are available from a single point. ‘‘(C) Access to Federal Government information and services consolidated, as appropriate, with Page 142 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 Internet-based information and services provided by State, local, and tribal governments. ‘‘(D) Access to Federal Government information held by 1 or more agencies shall be made available in a manner that protects privacy, consistent with law. ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the General Services Administration $15,000,000 for the maintenance, im- provement, and promotion of the integrated Internet- based system for fiscal year 2003, and such sums as are necessary for fiscal years 2004 through 2007. ‘‘SEC. 205. FEDERAL COURTS. ‘‘(a) INDIVIDUAL COURT WEBSITES.—The Chief Justice of the United States, the chief judge of each circuit and district and of the Court of Federal Claims, and the chief bankruptcy judge of each district shall cause to be established and maintained, for the court of which the judge is chief justice or judge, a website that con- tains the following information or links to websites with the following information: ‘‘(1) Location and contact information for the courthouse, including the telephone numbers and contact names for the clerk’s office and justices’ or judges’ chambers. ‘‘(2) Local rules and standing or general orders of the court. ‘‘(3) Individual rules, if in existence, of each justice or judge in that court. ‘‘(4) Access to docket information for each case. ‘‘(5) Access to the substance of all written opinions issued by the court, regardless of whether such opin- ions 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 sub- section (c). ‘‘(7) Any other information (including forms in a format that can be downloaded) that the court deter- mines useful to the public. ‘‘(b) MAINTENANCE OF DATA ONLINE.— ‘‘(1) UPDATE OF INFORMATION.—The information and rules on each website shall be updated regularly and kept reasonably current. ‘‘(2) CLOSED CASES.—Electronic files and docket in- formation for cases closed for more than 1 year are not required to be made available online, except all written opinions with a date of issuance after the ef- fective date of this section [see Effective Date note set out under section 3601 of this title] shall remain available online. ‘‘(c) ELECTRONIC FILINGS.— ‘‘(1) IN GENERAL.—Except as provided under para- graph (2) or in the rules prescribed under paragraph (3), each court shall make any document that is filed electronically publicly available online. A court may convert any document that is filed in paper form to electronic form. To the extent such conversions are made, all such electronic versions of the document shall be made available online. ‘‘(2) EXCEPTIONS.—Documents that are filed that are not otherwise available to the public, such as doc- uments filed under seal, shall not be made available online. ‘‘(3) PRIVACY AND SECURITY CONCERNS.— ‘‘(A)(i) The Supreme Court shall prescribe rules, in accordance with sections 2072 and 2075 of title 28, United States Code, to protect privacy and security concerns relating to electronic filing of documents and the public availability under this subsection of documents filed electronically or converted to elec- tronic form. ‘‘(ii) Such rules shall provide to the extent prac- ticable for uniform treatment of privacy and secu- rity issues throughout the Federal courts. ‘‘(iii) Such rules shall take into consideration best practices in Federal and State courts to pro- tect private information or otherwise maintain necessary information security. ‘‘(iv) Except as provided in clause (v), to the ex- tent that such rules provide for the redaction of certain categories of information in order to pro- tect privacy and security concerns, such rules shall provide that a party that wishes to file an other- wise proper document containing such protected in- formation 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 accord- ance 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 appro- priate redacted identifiers in lieu of protected in- formation 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 pro- tected information that the attorney or, if there is no attorney, the party, certifies is rel- evant to the case; and ‘‘(bb) specifies an appropriate redacted identi- fier 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 infor- mation. ‘‘(B)(i) Subject to clause (ii), the Judicial Con- ference of the United States may issue interim rules, and interpretive statements relating to the application of such rules, which conform to the re- quirements 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 redac- tion of certain categories of information in order to protect privacy and security concerns arising from electronic filing or electronic conversion shall com- ply with, and be construed in conformity with, sub- paragraph (A)(iv). ‘‘(C) Not later than 1 year after the rules pre- scribed under subparagraph (A) take effect, and every 2 years thereafter, the Judicial Conference shall submit to Congress a report on the adequacy of those rules to protect privacy and security. ‘‘(d) DOCKETS WITH LINKS TO DOCUMENTS.—The Judi- cial Conference of the United States shall explore the feasibility of technology to post online dockets with links allowing all filings, decisions, and rulings in each case to be obtained from the docket sheet of that case. ‘‘(e) COST OF PROVIDING ELECTRONIC DOCKETING INFOR- MATION.—[Amended section 303(a) of Pub. L. 102–140, set out as a note under section 1913 of Title 28, Judiciary and Judicial Procedure.] ‘‘(f) TIME REQUIREMENTS.—Not later than 2 years after the effective date of this title [see Effective Date note set out under section 3601 of this title], the websites under subsection (a) shall be established, ex- cept that access to documents filed in electronic form shall be established not later than 4 years after that ef- fective date. ‘‘(g) DEFERRAL.— ‘‘(1) IN GENERAL.— ‘‘(A) ELECTION.— ‘‘(i) NOTIFICATION.—The Chief Justice of the United States, a chief judge, or chief bankruptcy judge may submit a notification to the Adminis- trative Office of the United States Courts to defer compliance with any requirement of this section Page 143 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 with respect to the Supreme Court, a court of ap- peals, district, or the bankruptcy court of a dis- trict. ‘‘(ii) CONTENTS.—A notification submitted under this subparagraph shall state— ‘‘(I) the reasons for the deferral; and ‘‘(II) the online methods, if any, or any alter- native methods, such court or district is using to provide greater public access to information. ‘‘(B) EXCEPTION.—To the extent that the Supreme Court, a court of appeals, district, or bankruptcy court of a district maintains a website under sub- section (a), the Supreme Court or that court of ap- peals or district shall comply with subsection (b)(1). ‘‘(2) REPORT.—Not later than 1 year after the effec- tive date of this title [see Effective Date note set out under section 3601 of this title], and every year there- after, the Judicial Conference of the United States shall submit a report to the Committees on Govern- mental Affairs and the Judiciary of the Senate and the Committees on Government Reform [now Com- mittee on Oversight and Accountability] and the Ju- diciary of the House of Representatives that— ‘‘(A) contains all notifications submitted to the Administrative Office of the United States Courts under this subsection; and ‘‘(B) summarizes and evaluates all notifications. ‘‘SEC. 206. REGULATORY AGENCIES. ‘‘(a) PURPOSES.—The purposes of this section are to— ‘‘(1) improve performance in the development and issuance of agency regulations by using information technology to increase access, accountability, and transparency; and ‘‘(2) enhance public participation in Government by electronic means, consistent with requirements under subchapter II of chapter 5 of title 5, United States Code, (commonly referred to as the ‘Administrative Procedures Act’). ‘‘(b) INFORMATION PROVIDED BY AGENCIES ONLINE.—To the extent practicable as determined by the agency in consultation with the Director, each agency (as defined under section 551 of title 5, United States Code) shall ensure that a publicly accessible Federal Government website includes all information about that agency re- quired to be published in the Federal Register under paragraphs (1) and (2) of section 552(a) of title 5, United States Code. ‘‘(c) SUBMISSIONS BY ELECTRONIC MEANS.—To the ex- tent practicable, agencies shall accept submissions under section 553(c) of title 5, United States Code, by electronic means. ‘‘(d) ELECTRONIC DOCKETING.— ‘‘(1) IN GENERAL.—To the extent practicable, as de- termined by the agency in consultation with the Di- rector, agencies shall ensure that a publicly acces- sible Federal Government website contains electronic dockets for rulemakings under section 553 of title 5, United States Code. ‘‘(2) INFORMATION AVAILABLE.—Agency electronic dockets shall make publicly available online to the extent practicable, as determined by the agency in consultation with the Director— ‘‘(A) all submissions under section 553(c) of title 5, United States Code; and ‘‘(B) other materials that by agency rule or prac- tice are included in the rulemaking docket under section 553(c) of title 5, United States Code, wheth- er or not submitted electronically. ‘‘(e) TIME LIMITATION.—Agencies shall implement the requirements of this section consistent with a time- table established by the Director and reported to Con- gress in the first annual report under section 3606 of title 44 (as added by this Act). ‘‘SEC. 207. ACCESSIBILITY, USABILITY, AND PRES- ERVATION OF GOVERNMENT INFORMATION. ‘‘(a) PURPOSE.—The purpose of this section is to im- prove the methods by which Government information, including information on the Internet, is organized, preserved, and made accessible to the public. ‘‘(b) DEFINITIONS.—In this section, the term— ‘‘(1) ‘Committee’ means the Interagency Committee on Government Information established under sub- section (c); and ‘‘(2) ‘directory’ means a taxonomy of subjects linked to websites that— ‘‘(A) organizes Government information on the Internet according to subject matter; and ‘‘(B) may be created with the participation of human editors. ‘‘(c) INTERAGENCY COMMITTEE.— ‘‘(1) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this title [Dec. 17, 2002], the Director shall establish the Interagency Committee on Government Information. ‘‘(2) MEMBERSHIP.—The Committee shall be chaired by the Director or the designee of the Director and— ‘‘(A) shall include representatives from— ‘‘(i) the National Archives and Records Admin- istration; ‘‘(ii) the offices of the Chief Information Offi- cers from Federal agencies; and ‘‘(iii) other relevant officers from the executive branch; and ‘‘(B) may include representatives from the Fed- eral legislative and judicial branches. ‘‘(3) FUNCTIONS.—The Committee shall— ‘‘(A) engage in public consultation to the max- imum extent feasible, including consultation with interested communities such as public advocacy or- ganizations; ‘‘(B) conduct studies and submit recommenda- tions, as provided under this section, to the Direc- tor and Congress; and ‘‘(C) share effective practices for access to, dis- semination of, and retention of Federal informa- tion. ‘‘(4) TERMINATION.—The Committee may be termi- nated on a date determined by the Director, except the Committee may not terminate before the Com- mittee submits all recommendations required under this section. ‘‘(d) CATEGORIZING OF INFORMATION.— ‘‘(1) COMMITTEE FUNCTIONS.—Not later than 2 years after the date of enactment of this Act [Dec. 17, 2002], the Committee shall submit recommendations to the Director on— ‘‘(A) the adoption of standards, which are open to the maximum extent feasible, to enable the organi- zation and categorization of Government informa- tion— ‘‘(i) in a way that is searchable electronically, including by searchable identifiers; and ‘‘(ii) in ways that are interoperable across agen- cies; ‘‘(B) the definition of categories of Government information which should be classified under the standards; and ‘‘(C) determining priorities and developing sched- ules for the initial implementation of the standards by agencies. ‘‘(2) FUNCTIONS OF THE DIRECTOR.—Not later than 1 year after the submission of recommendations under paragraph (1), the Director shall issue policies— ‘‘(A) requiring that agencies use standards, which are open to the maximum extent feasible, to enable the organization and categorization of Government information— ‘‘(i) in a way that is searchable electronically, including by searchable identifiers; ‘‘(ii) in ways that are interoperable across agen- cies; 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 informa- tion which shall be required to be classified under the standards; and ‘‘(C) determining priorities and developing sched- ules for the initial implementation of the standards by agencies. Page 144 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 ‘‘(3) MODIFICATION OF POLICIES.—After the submis- sion of agency reports under paragraph (4), the Direc- tor shall modify the policies, as needed, in consulta- tion with the Committee and interested parties. ‘‘(4) AGENCY FUNCTIONS.—Each agency shall report annually to the Director, in the report established under section 202(g), on compliance of that agency with the policies issued under paragraph (2)(A). ‘‘(e) PUBLIC ACCESS TO ELECTRONIC INFORMATION.— ‘‘(1) COMMITTEE FUNCTIONS.—Not later than 2 years after the date of enactment of this Act [Dec. 17, 2002], the Committee shall submit recommendations to the Director and the Archivist of the United States on— ‘‘(A) the adoption by agencies of policies and pro- cedures to ensure that chapters 21, 25, 27, 29, and 31 of title 44, United States Code, are applied effec- tively and comprehensively to Government infor- mation on the Internet and to other electronic records; and ‘‘(B) the imposition of timetables for the imple- mentation of the policies and procedures by agen- cies. ‘‘(2) FUNCTIONS OF THE ARCHIVIST.—Not later than 1 year after the submission of recommendations by the Committee under paragraph (1), the Archivist of the United States shall issue policies— ‘‘(A) requiring the adoption by agencies of poli- cies and procedures to ensure that chapters 21, 25, 27, 29, and 31 of title 44, United States Code, are ap- plied effectively and comprehensively to Govern- ment information on the Internet and to other elec- tronic records; and ‘‘(B) imposing timetables for the implementation of the policies, procedures, and technologies by agencies. ‘‘(3) MODIFICATION OF POLICIES.—After the submis- sion of agency reports under paragraph (4), the Archi- vist of the United States shall modify the policies, as needed, in consultation with the Committee and in- terested parties. ‘‘(4) AGENCY FUNCTIONS.—Each agency shall report annually to the Director, in the report established under section 202(g), on compliance of that agency with the policies issued under paragraph (2)(A). ‘‘(f) AGENCY WEBSITES.— ‘‘(1) STANDARDS FOR AGENCY WEBSITES.—Not later than 2 years after the effective date of this title [see Effective Date note set out under section 3601 of this title], the Director shall promulgate guidance for agency websites that includes— ‘‘(A) requirements that websites include direct links to— ‘‘(i) descriptions of the mission and statutory authority of the agency; ‘‘(ii) information made available to the public under subsections (a)(1) and (b) of section 552 of title 5, United States Code (commonly referred to as the ‘Freedom of Information Act’); ‘‘(iii) information about the organizational structure of the agency; and ‘‘(iv) the strategic plan of the agency developed under section 306 of title 5, United States Code; and ‘‘(B) minimum agency goals to assist public users to navigate agency websites, including— ‘‘(i) speed of retrieval of search results; ‘‘(ii) the relevance of the results; ‘‘(iii) tools to aggregate and disaggregate data; and ‘‘(iv) security protocols to protect information. ‘‘(2) AGENCY REQUIREMENTS.—(A) Not later than 2 years after the date of enactment of this Act [Dec. 17, 2002], each agency shall— ‘‘(i) consult with the Committee and solicit pub- lic 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 estab- lished under section 202(g). ‘‘(B) Each agency shall update determinations, pri- orities, and schedules of the agency, as needed, after consulting with the Committee and soliciting public comment, if appropriate. ‘‘(3) PUBLIC DOMAIN DIRECTORY OF PUBLIC FEDERAL GOVERNMENT WEBSITES.— ‘‘(A) ESTABLISHMENT.—Not later than 2 years after the effective date of this title [see Effective Date note set out under section 3601 of this title], the Director and each agency shall— ‘‘(i) develop and establish a public domain di- rectory of public Federal Government websites; and ‘‘(ii) post the directory on the Internet with a link to the integrated Internet-based system es- tablished under section 204. ‘‘(B) DEVELOPMENT.—With the assistance of each agency, the Director shall— ‘‘(i) direct the development of the directory through a collaborative effort, including input from— ‘‘(I) agency librarians; ‘‘(II) information technology managers; ‘‘(III) program managers; ‘‘(IV) records managers; ‘‘(V) Federal depository librarians; and ‘‘(VI) other interested parties; and ‘‘(ii) develop a public domain taxonomy of sub- jects used to review and categorize public Federal Government websites. ‘‘(C) UPDATE.—With the assistance of each agen- cy, the Administrator of the Office of Electronic Government shall— ‘‘(i) update the directory as necessary, but not less than every 6 months; and ‘‘(ii) solicit interested persons for improve- ments to the directory. ‘‘(g) ACCESS TO FEDERALLY FUNDED RESEARCH AND DE- VELOPMENT.— ‘‘(1) DEVELOPMENT AND MAINTENANCE OF GOVERN- MENTWIDE REPOSITORY AND WEBSITE.— ‘‘(A) REPOSITORY AND WEBSITE.—The Director of the Office of Management and Budget (or the Direc- tor’s delegate), in consultation with the Director of the Office of Science and Technology Policy and other relevant agencies, shall ensure the develop- ment and maintenance of— ‘‘(i) a repository that fully integrates, to the maximum extent feasible, information about re- search and development funded by the Federal Government, and the repository shall— ‘‘(I) include information about research and development funded by the Federal Govern- ment, 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 for- eign governments; industrial firms; edu- cational institutions; not-for-profit organiza- tions; federally funded research and develop- ment centers; and private individuals; and ‘‘(bb) entities of the Federal Government, including research and development labora- tories, centers, and offices; and ‘‘(II) integrate information about each sepa- rate 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 objec- tive and the scientific and technical focus of the task or award; Page 145 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 ‘‘(cc) the entity or institution performing the task or award and its contact informa- tion; ‘‘(dd) the total amount of Federal funds ex- pected to be provided to the task or award over its lifetime and the amount of funds ex- pected to be provided in each fiscal year in which the work of the task or award is ongo- ing; ‘‘(ee) any restrictions attached to the task or award that would prevent the sharing with the general public of any or all of the infor- mation required by this subsection, and the reasons for such restrictions; and ‘‘(ff) such other information as may be de- termined to be appropriate; and ‘‘(ii) 1 or more websites upon which all or part of the repository of Federal research and develop- ment shall be made available to and searchable by Federal agencies and non-Federal entities, in- cluding 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 Fed- eral agencies and between Federal agencies and non-Federal entities; and ‘‘(IV) access by policymakers and the public to information concerning Federal research and development activities. ‘‘(B) OVERSIGHT.—The Director of the Office of Management and Budget shall issue any guidance determined necessary to ensure that agencies pro- vide all information requested under this sub- section. ‘‘(2) AGENCY FUNCTIONS.—Any agency that funds Federal research and development under this sub- section shall provide the information required to pop- ulate the repository in the manner prescribed by the Director of the Office of Management and Budget. ‘‘(3) COMMITTEE FUNCTIONS.—Not later than 18 months after the date of enactment of this Act [Dec. 17, 2002], working with the Director of the Office of Science and Technology Policy, and after consulta- tion with interested parties, the Committee shall submit recommendations to the Director on— ‘‘(A) policies to improve agency reporting of in- formation for the repository established under this subsection; and ‘‘(B) policies to improve dissemination of the re- sults of research performed by Federal agencies and federally funded research and development centers. ‘‘(4) FUNCTIONS OF THE DIRECTOR.—After submission of recommendations by the Committee under para- graph (3), the Director shall report on the rec- ommendations of the Committee and Director to Congress, in the E-Government report under section 3606 of title 44 (as added by this Act). ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for the development, maintenance, and operation of the Governmentwide repository and website under this subsection— ‘‘(A) $2,000,000 in each of the fiscal years 2003 through 2005; and ‘‘(B) such sums as are necessary in each of the fis- cal years 2006 and 2007. ‘‘SEC. 208. PRIVACY PROVISIONS. ‘‘(a) PURPOSE.—The purpose of this section is to en- sure sufficient protections for the privacy of personal information as agencies implement citizen-centered electronic Government. ‘‘(b) PRIVACY IMPACT ASSESSMENTS.— ‘‘(1) RESPONSIBILITIES OF AGENCIES.— ‘‘(A) IN GENERAL.—An agency shall take actions described under subparagraph (B) before— ‘‘(i) developing or procuring information tech- nology 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 dissemi- nated using information technology; and ‘‘(II) includes any information in an identifi- able form permitting the physical or online con- tacting of a specific individual, if identical questions have been posed to, or identical re- porting requirements imposed on, 10 or more persons, other than agencies, instrumentalities, or employees of the Federal Government. ‘‘(B) AGENCY ACTIVITIES.—To the extent required under subparagraph (A), each agency shall— ‘‘(i) conduct a privacy impact assessment; ‘‘(ii) ensure the review of the privacy impact as- sessment by the Chief Information Officer, or equivalent official, as determined by the head of the agency; and ‘‘(iii) if practicable, after completion of the re- view under clause (ii), make the privacy impact assessment publicly available through the website of the agency, publication in the Federal Register, or other means. ‘‘(C) SENSITIVE INFORMATION.—Subparagraph (B)(iii) may be modified or waived for security rea- sons, or to protect classified, sensitive, or private information contained in an assessment. ‘‘(D) COPY TO DIRECTOR.—Agencies shall provide the Director with a copy of the privacy impact as- sessment for each system for which funding is re- quested. ‘‘(2) CONTENTS OF A PRIVACY IMPACT ASSESSMENT.— ‘‘(A) IN GENERAL.—The Director shall issue guid- ance to agencies specifying the required contents of a privacy impact assessment. ‘‘(B) GUIDANCE.—The guidance shall— ‘‘(i) ensure that a privacy impact assessment is commensurate with the size of the information system being assessed, the sensitivity of informa- tion that is in an identifiable form in that sys- tem, and the risk of harm from unauthorized re- lease 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 in- formation; ‘‘(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 informa- tion 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 ‘Pri- vacy Act’). ‘‘(3) RESPONSIBILITIES OF THE DIRECTOR.—The Direc- tor shall— ‘‘(A) develop policies and guidelines for agencies on the conduct of privacy impact assessments; ‘‘(B) oversee the implementation of the privacy impact assessment process throughout the Govern- ment; and ‘‘(C) require agencies to conduct privacy impact assessments of existing information systems or on- going collections of information that is in an iden- tifiable form as the Director determines appro- priate. ‘‘(c) PRIVACY PROTECTIONS ON AGENCY WEBSITES.— ‘‘(1) PRIVACY POLICIES ON WEBSITES.— ‘‘(A) GUIDELINES FOR NOTICES.—The Director shall develop guidance for privacy notices on agency websites used by the public. ‘‘(B) CONTENTS.—The guidance shall require that a privacy notice address, consistent with section 552a of title 5, United States Code— Page 146 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 ‘‘(i) what information is to be collected; ‘‘(ii) why the information is being collected; ‘‘(iii) the intended use of the agency of the in- formation; ‘‘(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 informa- tion 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 re- ferred to as the ‘Privacy Act’), and other laws rel- evant to the protection of the privacy of an indi- vidual. ‘‘(2) PRIVACY POLICIES IN MACHINE-READABLE FOR- MATS.—The Director shall issue guidance requiring agencies to translate privacy policies into a stand- ardized machine-readable format. ‘‘(d) DEFINITION.—In this section, the term ‘identifi- able form’ means any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means. ‘‘SEC. 209. FEDERAL INFORMATION TECHNOLOGY WORKFORCE DEVELOPMENT. ‘‘(a) PURPOSE.—The purpose of this section is to im- prove the skills of the Federal workforce in using infor- mation technology to deliver Government information and services. ‘‘(b) WORKFORCE DEVELOPMENT.— ‘‘(1) IN GENERAL.—In consultation with the Director of the Office of Management and Budget, the Chief Information Officers Council, and the Administrator of General Services, the Director of the Office of Per- sonnel Management shall— ‘‘(A) analyze, on an ongoing basis, the personnel needs of the Federal Government related to infor- mation technology and information resource man- agement; ‘‘(B) identify where current information tech- nology and information resource management training do not satisfy the personnel needs de- scribed in subparagraph (A); ‘‘(C) oversee the development of curricula, train- ing methods, and training priorities that cor- respond to the projected personnel needs of the Fed- eral Government related to information technology and information resource management; and ‘‘(D) assess the training of Federal employees in information technology disciplines in order to en- sure that the information resource management needs of the Federal Government are addressed. ‘‘(2) INFORMATION TECHNOLOGY TRAINING PRO- GRAMS.—The head of each Executive agency, after consultation with the Director of the Office of Per- sonnel Management, the Chief Information Officers Council, and the Administrator of General Services, shall establish and operate information technology training programs consistent with the requirements of this subsection. Such programs shall— ‘‘(A) have curricula covering a broad range of in- formation technology disciplines corresponding to the specific information technology and informa- tion resource management needs of the agency in- volved; ‘‘(B) be developed and applied according to rig- orous 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 re- ducing the effectiveness of the training or nega- tively impacting academic standards. ‘‘(3) GOVERNMENTWIDE POLICIES AND EVALUATION.— The Director of the Office of Personnel Management, in coordination with the Director of the Office of Management and Budget, shall issue policies to pro- mote the development of performance standards for training and uniform implementation of this sub- section by Executive agencies, with due regard for differences in program requirements among agencies that may be appropriate and warranted in view of the agency mission. The Director of the Office of Per- sonnel Management shall evaluate the implementa- tion of the provisions of this subsection by Executive agencies. ‘‘(4) CHIEF INFORMATION OFFICER AUTHORITIES AND RESPONSIBILITIES.—Subject to the authority, direc- tion, and control of the head of an Executive agency, the chief information officer of such agency shall carry out all powers, functions, and duties of the head of the agency with respect to implementation of this subsection. The chief information officer shall ensure that the policies of the agency head estab- lished in accordance with this subsection are imple- mented throughout the agency. ‘‘(5) INFORMATION TECHNOLOGY TRAINING REPORT- ING.—The Director of the Office of Management and Budget shall ensure that the heads of Executive agen- cies collect and maintain standardized information on the information technology and information re- sources management workforce related to the imple- mentation of this subsection. ‘‘(6) AUTHORITY TO DETAIL EMPLOYEES TO NON-FED- ERAL EMPLOYERS.—In carrying out the preceding pro- visions of this subsection, the Director of the Office of Personnel Management may provide for a program under which a Federal employee may be detailed to a non-Federal employer. The Director of the Office of Personnel Management shall prescribe regulations for such program, including the conditions for service and duties as the Director considers necessary. ‘‘(7) COORDINATION PROVISION.—An assignment de- scribed in section 3703 of title 5, United States Code, may not be made unless a program under paragraph (6) is established, and the assignment is made in ac- cordance with the requirements of such program. ‘‘(8) EMPLOYEE PARTICIPATION.—Subject to informa- tion resource management needs and the limitations imposed by resource needs in other occupational areas, and consistent with their overall workforce de- velopment strategies, agencies shall encourage em- ployees to participate in occupational information technology training. ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Office of Per- sonnel Management for the implementation of this subsection, $15,000,000 in fiscal year 2003, and such sums as are necessary for each fiscal year thereafter. ‘‘(10) EXECUTIVE AGENCY DEFINED.—For purposes of this subsection, the term ‘Executive agency’ has the meaning given the term ‘agency’ under section 3701 of title 5, United States Code (as added by subsection (c)). ‘‘(c) INFORMATION TECHNOLOGY EXCHANGE PROGRAM.— ‘‘(1) IN GENERAL.—[Enacted chapter 37 of Title 5, Government Organization and Employees.] ‘‘(2) REPORT.—Not later than 4 years after the date of the enactment of this Act [Dec. 17, 2002], the Gov- ernment Accountability Office shall prepare and sub- mit to the Committee on Government Reform [now Committee on Oversight and Accountability] of the House of Representatives and the Committee on Gov- ernmental Affairs [now Committee on Homeland Se- curity and Governmental Affairs] of the Senate a re- port on the operation of chapter 37 of title 5, United States Code (as added by this subsection). Such re- port shall include— ‘‘(A) an evaluation of the effectiveness of the pro- gram established by such chapter; and ‘‘(B) a recommendation as to whether such pro- gram should be continued (with or without modi- fication) or allowed to lapse. ‘‘(3) CLERICAL AMENDMENT.—[Amended analysis for part III of Title 5.] ‘‘(d) ETHICS PROVISIONS.— ‘‘(1) ONE-YEAR RESTRICTION ON CERTAIN COMMUNICA- TIONS.—[Amended section 207 of Title 18, Crimes and Criminal Procedure.] Page 147 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 ‘‘(2) DISCLOSURE OF CONFIDENTIAL INFORMATION.— [Amended section 1905 of Title 18.] ‘‘(3) CONTRACT ADVICE.—[Amended section 207 of Title 18.] ‘‘(4) RESTRICTION ON DISCLOSURE OF PROCUREMENT INFORMATION.—[Amended section 423 of Title 41, Pub- lic Contracts.] ‘‘(e) REPORT ON EXISTING EXCHANGE PROGRAMS.— ‘‘(1) EXCHANGE PROGRAM DEFINED.—For purposes of this subsection, the term ‘exchange program’ means an executive exchange program, the program under subchapter VI of chapter 33 of title 5, United States Code, and any other program which allows for— ‘‘(A) the assignment of employees of the Federal Government to non-Federal employers; ‘‘(B) the assignment of employees of non-Federal employers to the Federal Government; or ‘‘(C) both. ‘‘(2) REPORTING REQUIREMENT.—Not later than 1 year after the date of the enactment of this Act [Dec. 17, 2002], the Office of Personnel Management shall prepare and submit to the Committee on Government Reform [now Committee on Oversight and Account- ability] of the House of Representatives and the Com- mittee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate a report identifying all existing exchange pro- grams. ‘‘(3) SPECIFIC INFORMATION.—The report shall, for each such program, include— ‘‘(A) a brief description of the program, including its size, eligibility requirements, and terms or con- ditions for participation; ‘‘(B) specific citation to the law or other author- ity under which the program is established; ‘‘(C) the names of persons to contact for more in- formation, and how they may be reached; and ‘‘(D) any other information which the Office con- siders appropriate. ‘‘(f) REPORT ON THE ESTABLISHMENT OF A GOVERN- MENTWIDE INFORMATION TECHNOLOGY TRAINING PRO- GRAM.— ‘‘(1) IN GENERAL.—Not later January 1, 2003, the Of- fice of Personnel Management, in consultation with the Chief Information Officers Council and the Ad- ministrator of General Services, shall review and sub- mit to the Committee on Government Reform [now Committee on Oversight and Accountability] of the House of Representatives and the Committee on Gov- ernmental Affairs [now Committee on Homeland Se- curity and Governmental Affairs] of the Senate a written report on the following: ‘‘(A) The adequacy of any existing information technology training programs available to Federal employees on a Governmentwide basis. ‘‘(B)(i) If one or more such programs already exist, recommendations as to how they might be improved. ‘‘(ii) If no such program yet exists, recommenda- tions as to how such a program might be designed and established. ‘‘(C) With respect to any recommendations under subparagraph (B), how the program under chapter 37 of title 5, United States Code, might be used to help carry them out. ‘‘(2) COST ESTIMATE.—The report shall, for any rec- ommended program (or improvements) under para- graph (1)(B), include the estimated costs associated with the implementation and operation of such pro- gram as so established (or estimated difference in costs of any such program as so improved). ‘‘(g) TECHNICAL AND CONFORMING AMENDMENTS.— ‘‘(1) AMENDMENTS TO TITLE 5, UNITED STATES CODE.— [Amended sections 3111, 4108, and 7353 of Title 5.] ‘‘(2) AMENDMENT TO TITLE 18, UNITED STATES CODE.— [Amended section 209 of Title 18.] ‘‘(3) OTHER AMENDMENTS.—[Amended section 125(c)(1) of Pub. L. 100–238, set out as a note under sec- tion 8432 of Title 5.] ‘‘SEC. 210. SHARE-IN-SAVINGS INITIATIVES. ‘‘(a) DEFENSE CONTRACTS.—[Enacted former section 2332 of Title 10, Armed Forces.] ‘‘(b) OTHER CONTRACTS.—[Enacted section 266a of Title 41.] ‘‘(c) DEVELOPMENT OF INCENTIVES.—The Director of the Office of Management and Budget shall, in con- sultation with the Committee on Governmental Affairs [now Committee on Homeland Security and Govern- mental Affairs] of the Senate, the Committee on Gov- ernment Reform [now Committee on Oversight and Ac- countability] of the House of Representatives, and ex- ecutive agencies, develop techniques to permit an exec- utive agency to retain a portion of the savings (after payment of the contractor’s share of the savings) de- rived from share-in-savings contracts as funds are ap- propriated to the agency in future fiscal years. ‘‘(d) REGULATIONS.—Not later than 270 days after the date of the enactment of this Act [Dec. 17, 2002], the Federal Acquisition Regulation shall be revised to im- plement the provisions enacted by this section. Such revisions shall— ‘‘(1) provide for the use of competitive procedures in the selection and award of share-in-savings con- tracts to— ‘‘(A) ensure the contractor’s share of savings re- flects the risk involved and market conditions; and ‘‘(B) otherwise yield greatest value to the govern- ment; and ‘‘(2) allow appropriate regulatory flexibility to fa- cilitate the use of share-in-savings contracts by exec- utive agencies, including the use of innovative provi- sions for technology refreshment and nonstandard Federal Acquisition Regulation contract clauses. ‘‘(e) ADDITIONAL GUIDANCE.—The Administrator of General Services shall— ‘‘(1) identify potential opportunities for the use of share-in-savings contracts; and ‘‘(2) in consultation with the Director of the Office of Management and Budget, provide guidance to exec- utive agencies for determining mutually beneficial savings share ratios and baselines from which savings may be measured. ‘‘(f) OMB REPORT TO CONGRESS.—In consultation with executive agencies, the Director of the Office of Man- agement and Budget shall, not later than 2 years after the date of the enactment of this Act [Dec. 17, 2002], submit to Congress a report containing— ‘‘(1) a description of the number of share-in-savings contracts entered into by each executive agency under by [sic] this section and the amendments made by this section, and, for each contract identified— ‘‘(A) the information technology acquired; ‘‘(B) the total amount of payments made to the contractor; and ‘‘(C) the total amount of savings or other measur- able benefits realized; ‘‘(2) a description of the ability of agencies to deter- mine the baseline costs of a project against which savings can be measured; and ‘‘(3) any recommendations, as the Director deems appropriate, regarding additional changes in law that may be necessary to ensure effective use of share-in- savings contracts by executive agencies. ‘‘(g) GAO REPORT TO CONGRESS.—The Comptroller General shall, not later than 6 months after the report required under subsection (f) is submitted to Congress, conduct a review of that report and submit to Congress a report containing— ‘‘(1) the results of the review; ‘‘(2) an independent assessment by the Comptroller General of the effectiveness of the use of share-in- savings contracts in improving the mission-related and administrative processes of the executive agen- cies and the achievement of agency missions; and ‘‘(3) a recommendation on whether the authority to enter into share-in-savings contracts should be con- tinued. ‘‘(h) REPEAL OF SHARE-IN-SAVINGS PILOT PROGRAM.— ‘‘(1) REPEAL.—[Repealed section 11521 of Title 40, Public Buildings, Property, and Works.] ‘‘(2) CONFORMING AMENDMENTS TO PILOT PROGRAM AUTHORITY.—[Amended sections 11501 to 11505 of Title 40.] Page 148 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 ‘‘(3) ADDITIONAL CONFORMING AMENDMENTS.—[Redes- ignated 11522 of Title 40 as 11521 and amended head- ings and analysis.] ‘‘(i) DEFINITIONS.—In this section, the terms ‘con- tractor’, ‘savings’, and ‘share-in-savings contract’ have the meanings given those terms in section 317 of the Federal Property and Administrative Services Act of 1949 [former 41 U.S.C. 266a; now 41 U.S.C. note prec. 3901] (as added by subsection (b)). ‘‘SEC. 211. AUTHORIZATION FOR ACQUISITION OF INFORMATION TECHNOLOGY BY STATE AND LOCAL GOVERNMENTS THROUGH FEDERAL SUPPLY SCHEDULES. ‘‘(a) AUTHORITY TO USE CERTAIN SUPPLY SCHED- ULES.—[Amended section 502 of Title 40.] ‘‘(b) PROCEDURES.—Not later than 30 days after the date of the enactment of this Act [Dec. 17, 2002], the Ad- ministrator of General Services shall establish proce- dures to implement section 501(c) of title 40, United States Code (as added by subsection (a)). ‘‘(c) REPORT.—Not later than December 31, 2004, the Administrator shall submit to the Committee on Gov- ernment Reform [now Committee on Oversight and Ac- countability] of the House of Representatives and the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate a report on the implementation and effects of the amendment made by subsection (a). ‘‘SEC. 212. INTEGRATED REPORTING STUDY AND PILOT PROJECTS. ‘‘(a) PURPOSES.—The purposes of this section are to— ‘‘(1) enhance the interoperability of Federal infor- mation systems; ‘‘(2) assist the public, including the regulated com- munity, in electronically submitting information to agencies under Federal requirements, by reducing the burden of duplicate collection and ensuring the accu- racy of submitted information; and ‘‘(3) enable any person to integrate and obtain simi- lar information held by 1 or more agencies under 1 or more Federal requirements without violating the pri- vacy rights of an individual. ‘‘(b) DEFINITIONS.—In this section, the term— ‘‘(1) ‘agency’ means an Executive agency as defined under section 105 of title 5, United States Code; and ‘‘(2) ‘person’ means any individual, trust, firm, joint stock company, corporation (including a gov- ernment corporation), partnership, association, State, municipality, commission, political subdivi- sion of a State, interstate body, or agency or compo- nent of the Federal Government. ‘‘(c) REPORT.— ‘‘(1) IN GENERAL.—Not later than 3 years after the date of enactment of this Act [Dec. 17, 2002], the Di- rector shall oversee a study, in consultation with agencies, the regulated community, public interest organizations, and the public, and submit a report to the Committee on Governmental Affairs [now Com- mittee on Homeland Security and Governmental Af- fairs] of the Senate and the Committee on Govern- ment Reform [now Committee on Oversight and Ac- countability] of the House of Representatives on progress toward integrating Federal information sys- tems across agencies. ‘‘(2) CONTENTS.—The report under this section shall— ‘‘(A) address the integration of data elements used in the electronic collection of information within databases established under Federal statute without reducing the quality, accessibility, scope, or utility of the information contained in each database; ‘‘(B) address the feasibility of developing, or ena- bling the development of, software, including Inter- net-based tools, for use by reporting persons in as- sembling, documenting, and validating the accu- racy of information electronically submitted to agencies under nonvoluntary, statutory, and regu- latory requirements; ‘‘(C) address the feasibility of developing a dis- tributed information system involving, on a vol- untary 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 informa- tion 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 Direc- tor deems appropriate on the use of integrated re- porting and information systems, to reduce the bur- den on reporting and strengthen public access to databases within and across agencies. ‘‘(d) PILOT PROJECTS TO ENCOURAGE INTEGRATED COL- LECTION AND MANAGEMENT OF DATA AND INTEROPER- ABILITY OF FEDERAL INFORMATION SYSTEMS.— ‘‘(1) IN GENERAL.—In order to provide input to the study under subsection (c), the Director shall des- ignate, in consultation with agencies, a series of no more than 5 pilot projects that integrate data ele- ments. The Director shall consult with agencies, the regulated community, public interest organizations, and the public on the implementation of the pilot projects. ‘‘(2) GOALS OF PILOT PROJECTS.— ‘‘(A) IN GENERAL.—Each goal described under sub- paragraph (B) shall be addressed by at least 1 pilot project each. ‘‘(B) GOALS.—The goals under this paragraph are to— ‘‘(i) reduce information collection burdens by eliminating duplicative data elements within 2 or more reporting requirements; ‘‘(ii) create interoperability between or among public databases managed by 2 or more agencies using technologies and techniques that facilitate public access; and ‘‘(iii) develop, or enable the development of, software to reduce errors in electronically sub- mitted information. ‘‘(3) INPUT.—Each pilot project shall seek input from users on the utility of the pilot project and areas for improvement. To the extent practicable, the Director shall consult with relevant agencies and State, tribal, and local governments in carrying out the report and pilot projects under this section. ‘‘(e) PROTECTIONS.—The activities authorized under this section shall afford protections for— ‘‘(1) confidential business information consistent with section 552(b)(4) of title 5, United States Code, and other relevant law; ‘‘(2) personal privacy information under sections 552(b)(6) and (7)(C) and 552a of title 5, United States Code, and other relevant law; ‘‘(3) other information consistent with section 552(b)(3) of title 5, United States Code, and other rel- evant law; and ‘‘(4) confidential statistical information collected under a confidentiality pledge, solely for statistical purposes, consistent with the Office of Management and Budget’s Federal Statistical Confidentiality Order, and other relevant law. ‘‘SEC. 213. COMMUNITY TECHNOLOGY CENTERS. ‘‘(a) PURPOSES.—The purposes of this section are to— ‘‘(1) study and enhance the effectiveness of commu- nity technology centers, public libraries, and other institutions that provide computer and Internet ac- cess 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 com- puter technology and Internet access to the public. ‘‘(b) STUDY AND REPORT.—Not later than 2 years after the effective date of this title [see Effective Date note Page 149 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 set out under section 3601 of this title], the Adminis- trator shall— ‘‘(1) ensure that a study is conducted to evaluate the best practices of community technology centers that have received Federal funds; and ‘‘(2) submit a report on the study to— ‘‘(A) the Committee on Governmental Affairs [now Committee on Homeland Security and Gov- ernmental 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 Work- force of the House of Representatives. ‘‘(c) CONTENTS.—The report under subsection (b) may consider— ‘‘(1) an evaluation of the best practices being used by successful community technology centers; ‘‘(2) a strategy for— ‘‘(A) continuing the evaluation of best practices used by community technology centers; and ‘‘(B) establishing a network to share information and resources as community technology centers evolve; ‘‘(3) the identification of methods to expand the use of best practices to assist community technology cen- ters, public libraries, and other institutions that pro- vide computer and Internet access to the public; ‘‘(4) a database of all community technology cen- ters that have received Federal funds, including— ‘‘(A) each center’s name, location, services pro- vided, director, other points of contact, number of individuals served; and ‘‘(B) other relevant information; ‘‘(5) an analysis of whether community technology centers have been deployed effectively in urban and rural areas throughout the Nation; and ‘‘(6) recommendations of how to— ‘‘(A) enhance the development of community technology centers; and ‘‘(B) establish a network to share information and resources. ‘‘(d) COOPERATION.—All agencies that fund commu- nity technology centers shall provide to the Adminis- trator any information and assistance necessary for the completion of the study and the report under this sec- tion. ‘‘(e) ASSISTANCE.— ‘‘(1) IN GENERAL.—The Administrator, in consulta- tion with the Secretary of Education, shall work with other relevant Federal agencies, and other interested persons in the private and nonprofit sectors to— ‘‘(A) assist in the implementation of rec- ommendations; and ‘‘(B) identify other ways to assist community technology centers, public libraries, and other in- stitutions that provide computer and Internet ac- cess to the public. ‘‘(2) TYPES OF ASSISTANCE.—Assistance under this subsection may include— ‘‘(A) contribution of funds; ‘‘(B) donations of equipment, and training in the use and maintenance of the equipment; and ‘‘(C) the provision of basic instruction or training material in computer skills and Internet usage. ‘‘(f) ONLINE TUTORIAL.— ‘‘(1) IN GENERAL.—The Administrator, in consulta- tion with the Secretary of Education, the Director of the Institute of Museum and Library Services, other relevant agencies, and the public, shall develop an online tutorial that— ‘‘(A) explains how to access Government informa- tion and services on the Internet; and ‘‘(B) provides a guide to available online re- sources. ‘‘(2) DISTRIBUTION.—The Administrator, with assist- ance from the Secretary of Education, shall dis- tribute information on the tutorial to community technology centers, public libraries, and other insti- tutions that afford Internet access to the public. ‘‘(g) PROMOTION OF COMMUNITY TECHNOLOGY CEN- TERS.—The Administrator, with assistance from the Department of Education and in consultation with other agencies and organizations, shall promote the availability of community technology centers to raise awareness within each community where such a center is located. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for the study of best practices at community technology centers, for the de- velopment and dissemination of the online tutorial, and for the promotion of community technology cen- ters under this section— ‘‘(1) $2,000,000 in fiscal year 2003; ‘‘(2) $2,000,000 in fiscal year 2004; and ‘‘(3) such sums as are necessary in fiscal years 2005 through 2007. ‘‘SEC. 214. ENHANCING CRISIS MANAGEMENT THROUGH ADVANCED INFORMATION TECH- NOLOGY. ‘‘(a) PURPOSE.—The purpose of this section is to im- prove how information technology is used in coordi- nating and facilitating information on disaster pre- paredness, response, and recovery, while ensuring the availability of such information across multiple access channels. ‘‘(b) IN GENERAL.— ‘‘(1) STUDY ON ENHANCEMENT OF CRISIS RESPONSE.— Not later than 90 days after the date of enactment of this Act [Dec. 17, 2002], the Administrator, in con- sultation with the Federal Emergency Management Agency, shall ensure that a study is conducted on using information technology to enhance crisis pre- paredness, response, and consequence management of natural and manmade disasters. ‘‘(2) CONTENTS.—The study under this subsection shall address— ‘‘(A) a research and implementation strategy for effective use of information technology in crisis re- sponse and consequence management, including the more effective use of technologies, management of information technology research initiatives, and incorporation of research advances into the infor- mation and communications systems of— ‘‘(i) the Federal Emergency Management Agen- cy; and ‘‘(ii) other Federal, State, and local agencies re- sponsible for crisis preparedness, response, and consequence management; and ‘‘(B) opportunities for research and development on enhanced technologies into areas of potential improvement as determined during the course of the study. ‘‘(3) REPORT.—Not later than 2 years after the date on which a contract is entered into under paragraph (1), the Administrator shall submit a report on the study, including findings and recommendations to— ‘‘(A) the Committee on Governmental Affairs [now Committee on Homeland Security and Gov- ernmental Affairs] of the Senate; and ‘‘(B) the Committee on Government Reform [now Committee on Oversight and Accountability] of the House of Representatives. ‘‘(4) INTERAGENCY COOPERATION.—Other Federal de- partments and agencies with responsibility for dis- aster relief and emergency assistance shall fully co- operate with the Administrator in carrying out this section. ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated for research under this subsection, such sums as are necessary for fiscal year 2003. ‘‘(c) PILOT PROJECTS.—Based on the results of the re- search conducted under subsection (b), the Adminis- trator, in consultation with the Federal Emergency Management Agency, shall initiate pilot projects or re- port to Congress on other activities that further the Page 150 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 goal of maximizing the utility of information tech- nology in disaster management. The Administrator shall cooperate with other relevant agencies, and, if ap- propriate, State, local, and tribal governments, in ini- tiating such pilot projects. ‘‘SEC. 215. DISPARITIES IN ACCESS TO THE INTER- NET. ‘‘(a) STUDY AND REPORT.— ‘‘(1) STUDY.—Not later than 90 days after the date of enactment of this Act [Dec. 17, 2002], the Adminis- trator of General Services shall request that the Na- tional Academy of Sciences, acting through the Na- tional Research Council, enter into a contract to con- duct a study on disparities in Internet access for on- line Government services. ‘‘(2) REPORT.—Not later than 2 years after the date of enactment of this Act, the Administrator of Gen- eral Services shall submit to the Committee on Gov- ernmental Affairs [now Committee on Homeland Se- curity and Governmental Affairs] of the Senate and the Committee on Government Reform [now Com- mittee on Oversight and Accountability] of the House of Representatives a final report of the study under this section, which shall set forth the findings, con- clusions, and recommendations of the National Re- search Council. ‘‘(b) CONTENTS.—The report under subsection (a) shall include a study of— ‘‘(1) how disparities in Internet access influence the effectiveness of online Government services, includ- ing 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 ef- fective 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 inter- play of disparities in Internet access and the increase in online Government services. ‘‘(c) RECOMMENDATIONS.—The report shall include rec- ommendations on actions to ensure that online Govern- ment initiatives shall not have the unintended result of increasing any deficiency in public access to Govern- ment services. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $950,000 in fiscal year 2003 to carry out this section. ‘‘SEC. 216. COMMON PROTOCOLS FOR GEOGRAPHIC INFORMATION SYSTEMS. ‘‘(a) PURPOSES.—The purposes of this section are to— ‘‘(1) reduce redundant data collection and informa- tion; and ‘‘(2) promote collaboration and use of standards for government geographic information. ‘‘(b) DEFINITION.—In this section, the term ‘geo- graphic information’ means information systems that involve locational data, such as maps or other geospatial information resources. ‘‘(c) IN GENERAL.— ‘‘(1) COMMON PROTOCOLS.—The Administrator, in consultation with the Secretary of the Interior, working with the Director and through an inter- agency group, and working with private sector ex- perts, State, local, and tribal governments, commer- cial and international standards groups, and other in- terested parties, shall facilitate the development of common protocols for the development, acquisition, maintenance, distribution, and application of geo- graphic information. If practicable, the Adminis- trator shall incorporate intergovernmental and pub- lic private geographic information partnerships into efforts under this subsection. ‘‘(2) INTERAGENCY GROUP.—The interagency group referred to under paragraph (1) shall include rep- resentatives of the National Institute of Standards and Technology and other agencies. ‘‘(d) DIRECTOR.—The Director shall oversee— ‘‘(1) the interagency initiative to develop common protocols; ‘‘(2) the coordination with State, local, and tribal governments, public private partnerships, and other interested persons on effective and efficient ways to align geographic information and develop common protocols; and ‘‘(3) the adoption of common standards relating to the protocols. ‘‘(e) COMMON PROTOCOLS.—The common protocols shall be designed to— ‘‘(1) maximize the degree to which unclassified geo- graphic information from various sources can be made electronically compatible and accessible; and ‘‘(2) promote the development of interoperable geo- graphic 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 ge- ographic data. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are nec- essary to carry out this section, for each of the fiscal years 2003 through 2007.’’ INFORMATION SECURITY RESPONSIBILITIES OF CERTAIN AGENCIES Pub. L. 107–347, title III, § 301(c)(1)(A), Dec. 17, 2002, 116 Stat. 2955, provided that: ‘‘Nothing in this Act [see Ta- bles for classification] (including any amendment made by this Act) shall supersede any authority of the Sec- retary of Defense, the Director of Central Intelligence, or other agency head, as authorized by law and as di- rected 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 com- munity deemed to be a reference to the Director of Na- tional Intelligence. Reference to the Director of Cen- tral Intelligence or the Director of the Central Intel- ligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a ref- erence to the Director of the Central Intelligence Agen- cy. 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 Ta- bles 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 re- stricted 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 Page 151 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 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 infor- mation and regulations required for purposes of car- rying out this Act [see Tables for classification] and implementing the amendments made by this Act.’’ 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: SECTION 1. Purpose. This order establishes an open and uniform program for managing information that re- quires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Govern- ment-wide policies, excluding information that is clas- sified under Executive Order 13526 of December 29, 2009, or the Atomic Energy Act, as amended. At present, executive departments and agencies (agencies) employ ad hoc, agency-specific policies, pro- cedures, and markings to safeguard and control this in- formation, such as information that involves privacy, security, proprietary business interests, and law en- forcement investigations. This inefficient, confusing patchwork has resulted in inconsistent marking and safeguarding of documents, led to unclear or unneces- sarily 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 de- scribed as Controlled Unclassified Information, that emphasizes the openness and uniformity of Govern- ment-wide practice. SEC. 2. Controlled Unclassified Information (CUI). (a) The CUI categories and subcategories shall serve as exclusive designations for identifying unclassified information throughout the executive branch that re- quires safeguarding or dissemination controls, pursu- ant 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 pursu- ant to any law requiring the disclosure of information or permitting disclosure as a matter of discretion, in- cluding disclosures to the legislative or judicial branches. (c) The National Archives and Records Administra- tion shall serve as the Executive Agent to implement this order and oversee agency actions to ensure compli- ance with this order. SEC. 3. Review of Current Designations. (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 informa- tion for safeguarding or dissemination controls; and (2) submit to the Executive Agent a catalogue of pro- posed categories and subcategories of CUI, and pro- posed 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, regula- tion, or Government-wide policy for safeguarding or dissemination controls. (b) If there is significant doubt about whether infor- mation should be designated as CUI, it shall not be so designated. SEC. 4. Development of CUI Categories and Policies. (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 time- ly manner, approve categories and subcategories of CUI and associated markings to be applied uniformly throughout the executive branch and to become effec- tive upon publication in the registry established under subsection (d) of this section. No unclassified informa- tion 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 cat- egories and subcategories of CUI to achieve uniformity and may determine the markings to be used. (b) The Executive Agent, in consultation with af- fected agencies, shall develop and issue such directives as are necessary to implement this order. Such direc- tives 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, regula- tion, and Government-wide policies, shall remain con- sistent 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 Execu- tive Agent shall establish and maintain a public CUI registry reflecting authorized CUI categories and sub- categories, associated markings, and applicable safe- guarding, dissemination, and decontrol procedures. (e) If the Executive Agent and an agency cannot reach agreement on an issue related to the implemen- tation of this order, that issue may be appealed to the President through the Director of the Office of Manage- ment 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 mat- ters related to approving categories and subcategories of CUI and developing implementing directives issued by the Executive Agent pursuant to this order. SEC. 5. Implementation. (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 origi- nates or handles CUI shall provide the Executive Agent with a proposed plan for compliance with the require- ments of this order, including the establishment of in- terim target dates. (b) After a review of agency plans, and in consulta- tion with affected agencies and the Office of Manage- ment 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. SEC. 6. General Provisions. (a) This order shall be implemented in a manner con- sistent with: (1) applicable law, including protections of confiden- tiality and privacy rights; (2) the statutory authority of the heads of agencies, including authorities related to the protection of infor- mation provided by the private sector to the Federal Government; and (3) applicable Government-wide standards and guide- lines 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 Direc- tor deems necessary to implement this order with re- spect to intelligence and intelligence-related informa- tion. Procedures or other guidance issued by Intel- Page 152 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3501 ligence Community element heads shall be in accord- ance 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 oth- erwise affect the functions of the Director of the Office of Management and Budget relating to budgetary, ad- ministrative, and legislative proposals. (d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able 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 in- terpretation of this order with respect to any question arising in the course of its administration. (g) The Presidential Memorandum of May 7, 2008, en- titled ‘‘Designation and Sharing of Controlled Unclassi- fied 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 Depart- ments 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 inno- vation and job growth in the 21st century. Accordingly, we must make it easier for businesses to access the full range of Government programs and serv- ices without having to waste effort navigating their way through the Federal bureaucracy. At the same time, we must further streamline and coordinate Fed- eral 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 Fed- eral 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), be- cause 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 fu- ture 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 Per- formance Officer (the Co-Chairs) to carry out the direc- tives in this memorandum within 90 days of the date of this memorandum, unless a provision of this memo- randum expressly states otherwise. The Steering Com- mittee shall include senior policy and technical rep- resentatives, appointed by the heads of their respective agencies, from the Departments of State, Defense, Ag- riculture, 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 Com- mittee of the Steering Committee, which shall coordi- nate the strategy, design, development, launch, and op- eration of BusinessUSA, a common, open, online plat- form and web service with dedicated resources that will, as a first step, disseminate core information re- garding the Federal Government’s programs and serv- ices 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 appro- priate, practicable, and permitted by law, the BusinessUSA platform shall integrate related State and local government services as well as those of pri- vate sector partners. (3) Agencies shall make information regarding their small business and export programs and services acces- sible 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 pre- senting 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 Com- mittee 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 inter- est to small businesses and exporters, making Govern- ment data more easily accessible and spurring innova- tive 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 en- sure 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, agen- cies 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 con- strued 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 Man- agement and Budget relating to budgetary, adminis- trative, 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 reim- burse the hosting agency for the cost of establishing, maintaining, and operating BusinessUSA. (c) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (d) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- Page 153 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3502 dural, 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. § 3502. Definitions As used in this subchapter— (1) the term ‘‘agency’’ means any executive department, military department, Govern- ment corporation, Government controlled cor- poration, or other establishment in the execu- tive 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 Co- lumbia and of the territories and possessions of the United States, and their various sub- divisions; or (D) Government-owned contractor-oper- ated facilities, including laboratories en- gaged in national defense research and pro- duction 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 re- sources 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 collec- tion of information; and (F) transmitting, or otherwise disclosing the information; (3) the term ‘‘collection of information’’— (A) means the obtaining, causing to be ob- tained, 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 per- sons, other than agencies, instrumental- ities, or employees of the United States; or (ii) answers to questions posed to agen- cies, instrumentalities, or employees of the United States which are to be used for general statistical purposes; and (B) shall not include a collection of infor- mation 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 agen- cy’’ means the Board of Governors of the Fed- eral Reserve System, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Federal Communica- tions Commission, the Federal Deposit Insur- ance Corporation, the Federal Energy Regu- latory Commission, the Federal Housing Fi- nance Agency, the Federal Maritime Commis- sion, the Federal Trade Commission, the Interstate Commerce Commission, the Mine Enforcement Safety and Health Review Com- mission, the National Labor Relations Board, the Nuclear Regulatory Commission, the Oc- cupational Safety and Health Review Commis- sion, the Postal Regulatory Commission, the Securities and Exchange Commission, the Bu- reau 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 Fed- eral independent regulatory agency or com- mission; (6) the term ‘‘information resources’’ means information and related resources, such as personnel, equipment, funds, and information technology; (7) the term ‘‘information resources manage- ment’’ means the process of managing infor- mation resources to accomplish agency mis- sions and to improve agency performance, in- cluding through the reduction of information collection burdens on the public; (8) the term ‘‘information system’’ means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information; (9) the term ‘‘information technology’’ has the meaning given that term in section 11101 of title 40 but does not include national secu- rity systems as defined in section 11103 of title 40; (10) the term ‘‘person’’ means an individual, partnership, association, corporation, business trust, or legal representative, an organized group of individuals, a State, territorial, trib- al, or local government or branch thereof, or a political subdivision of a State, territory, trib- al, or local government or a branch of a polit- ical subdivision; (11) the term ‘‘practical utility’’ means the ability of an agency to use information, par- ticularly the capability to process such infor- mation 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 Gov- ernment, 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 imposi- tion by an agency or court of a fine or other punishment; a judgment for monetary dam- ages or equitable relief; or the revocation, sus- pension, reduction, or denial of a license, privilege, right, grant, or benefit;