44 U.S.C. § 3504 — Authority and functions of Director

Page 155 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3504 EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 702. EFFECTIVE DATE Section effective Oct. 1, 1995, except as otherwise pro- vided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title. ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and func- tions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appro- priate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. § 3503. Office of Information and Regulatory Af- fairs (a) There is established in the Office of Man- agement and Budget an office to be known as the Office of Information and Regulatory Af- fairs. (b) There shall be at the head of the Office an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall delegate to the Administrator the authority to administer all functions under this subchapter, except that any such delegation shall not relieve the Director of responsibility for the administration of such functions. The Administrator shall serve as principal adviser to the Director on Federal in- formation resources management policy. (Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 166; amended Pub. L. 106–398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275.) Editorial Notes PRIOR PROVISIONS A prior section 3503, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2814; amended Pub. L. 99–500, § 101(m) [title VIII, § 813(a)], Oct. 18, 1986, 100 Stat. 1783–308, 1783–336, and Pub. L. 99–591, § 101(m) [title VIII, § 813(a)], Oct. 30, 1986, 100 Stat. 3341–308, 3341–336, related to the establishment of the Office of Information and Regu- latory Affairs prior to the general amendment of this chapter by Pub. L. 104–13. Another prior section 3503, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1303, prescribed duties of Director of Bu- reau of the Budget, prior to the general amendment of this chapter by Pub. L. 96–511. See section 3504 of this title. AMENDMENTS 2000—Subsec. (b). Pub. L. 106–398 substituted ‘‘sub- chapter’’ for ‘‘chapter’’. 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 Section effective Oct. 1, 1995, except as otherwise pro- vided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title. DELEGATION OF OTHER FUNCTIONS TO ADMINISTRATOR Pub. L. 96–511, § 3, Dec. 11, 1980, 94 Stat. 2825, as amended by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1083; Pub. L. 99–500, § 101(m) [title VIII, § 821(b)(3)], Oct. 18, 1986, 100 Stat. 1783–308, 1783–342, and Pub. L. 99–591, § 101(m) [title VIII, § 821(b)(3)], Oct. 30, 1986, 100 Stat. 3341–308, 3341–342, provided: ‘‘[(a) Repealed] ‘‘(b) The Director of the Office of Management and Budget shall delegate to the Administrator for the Of- fice of Information and Regulatory Affairs all func- tions, authority, and responsibility of the Director under section 552a of title 5, United States Code, under Executive Order 12046 [Ex. Ord. No. 12046, Mar. 27, 1978, 43 F.R. 14193, set out as a note under section 305 of Title 47, Telecommunications] and Reorganization Plan No. 1 for telecommunications [probably means Reorg. Plan No. 1 of 1970, 35 F.R. 6421, 84 Stat. 2083, set out in the Appendix to Title 5, Government Organization and Em- ployees], and under sections 110 and 111 of the Federal Property and Administrative Services Act of 1949 ([former 40 U.S.C. 322 and former] 40 U.S.C. 759).’’ [Section 101(m) [title VIII, § 833] of Pub. L. 99–500 and Pub. L. 99–591 provided that: ‘‘This title and the amend- ments made by this title [amending former sections 3501 to 3507, 3511, 3514, and 3520 of this title and sections 751, 757, and 759 of former Title 40, Public Buildings, Property, and Works, enacting provisions set out as a notes under section 101 of this title and former section 3503 of this title, amending provisions set out as a note above, and repealing provisions set out as a note under section 759 of former Title 40] shall take effect on the date of enactment of this Act [Oct. 18, 1986], except as provided in section 813(b) [set out as a note under former section 3503 of this title] and except that the provisions of section 821 and the amendments made by such section [amending former sections 3503 and 3504 of this title, sections 757 and 759 of former Title 40, and provisions set out as a note above] shall take effect on January 1, 1987.’’] § 3504. Authority and functions of Director (a)(1) The Director shall oversee the use of in- formation resources to improve the efficiency and effectiveness of governmental operations to serve agency missions, including burden reduc- tion and service delivery to the public. In per- forming such oversight, the Director shall— (A) develop, coordinate and oversee the im- plementation of Federal information resources management policies, principles, standards, and guidelines; and (B) provide direction and oversee— (i) the review and approval of the collec- tion of information and the reduction of the information collection burden; (ii) agency dissemination of and public ac- cess to information; (iii) statistical activities; (iv) records management activities; (v) privacy, confidentiality, security, dis- closure, and sharing of information; and (vi) the acquisition and use of information technology, including alternative informa- tion technologies that provide for electronic submission, maintenance, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signa- tures. (2) The authority of the Director under this subchapter shall be exercised consistent with applicable law. Page 156 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3504 1 So in original. Probably should be followed by ‘‘and’’. (b) With respect to general information re- sources management policy, the Director shall— (1) develop and oversee the implementation of uniform information resources management policies, principles, standards, and guidelines; (2) foster greater sharing, dissemination, and access to public information, including through— (A) the use of comprehensive data inven- tories and the Federal data catalogue under section 3511; and (B) the development and utilization of common standards for information collec- tion, storage, processing and communica- tion, including standards for security, interconnectivity and interoperability; (3) initiate and review proposals for changes in legislation, regulations, and agency proce- dures to improve information resources man- agement practices; (4) oversee the development and implemen- tation of best practices in information re- sources management, including training; (5) oversee agency integration of program and management functions with information resources management functions; and (6) issue guidance for agencies to implement section 3506(b)(6) in a manner that takes into account— (A) risks and restrictions related to the disclosure of personally identifiable infor- mation, including the risk that an indi- vidual data asset in isolation does not pose a privacy or confidentiality risk but when combined with other available information may pose such a risk; (B) security considerations, including the risk that information in an individual data asset in isolation does not pose a security risk but when combined with other available information may pose such a risk; (C) the cost and benefits to the public of converting a data asset into a machine-read- able format that is accessible and useful to the public; (D) whether the application of the require- ments described in such section to a data asset could result in legal liability; (E) a determination of whether a data asset— (i) is subject to intellectual property rights, including rights under titles 17 and 35; (ii) contains confidential business infor- mation, that could be withheld under sec- tion 552(b)(4) of title 5; or (iii) is otherwise restricted by contract or other binding, written agreement; (F) the requirement that a data asset be disclosed, if it would otherwise be made available under section 552 of title 5 (com- monly known as the ‘‘Freedom of Informa- tion Act’’); and (G) any other considerations that the Di- rector determines to be relevant. (c) With respect to the collection of informa- tion and the control of paperwork, the Director shall— (1) review and approve proposed agency col- lections of information; (2) coordinate the review of the collection of information associated with Federal procure- ment and acquisition by the Office of Informa- tion and Regulatory Affairs with the Office of Federal Procurement Policy, with particular emphasis on applying information technology to improve the efficiency and effectiveness of Federal procurement, acquisition and pay- ment, and to reduce information collection burdens on the public; (3) minimize the Federal information collec- tion burden, with particular emphasis on those individuals and entities most adversely af- fected; (4) maximize the practical utility of and public benefit from information collected by or for the Federal Government; (5) establish and oversee standards and guidelines by which agencies are to estimate the burden to comply with a proposed collec- tion of information; 1 (6) publish in the Federal Register and make available on the Internet (in consultation with the Small Business Administration) on an an- nual basis a list of the compliance assistance resources available to small businesses, with the first such publication occurring not later than 1 year after the date of enactment of the Small Business Paperwork Relief Act of 2002. (d) With respect to information dissemination, the Director shall develop and oversee the im- plementation of policies, principles, standards, and guidelines to— (1) apply to Federal agency dissemination of public information, regardless of the form or format in which such information is dissemi- nated; and (2) promote public access to public informa- tion and fulfill the purposes of this sub- chapter, including through the effective use of information technology. (e) With respect to statistical policy and co- ordination, the Director shall— (1) coordinate the activities of the Federal statistical system to ensure— (A) the efficiency and effectiveness of the system; and (B) the integrity, objectivity, impartiality, utility, and confidentiality of information collected for statistical purposes; (2) ensure that budget proposals of agencies are consistent with system-wide priorities for maintaining and improving the quality of Fed- eral statistics and prepare an annual report on statistical program funding; (3) develop and oversee the implementation of Governmentwide policies, principles, stand- ards, and guidelines concerning— (A) statistical collection procedures and methods; (B) statistical data classification; (C) statistical information presentation and dissemination; (D) timely release of statistical data; and (E) such statistical data sources as may be required for the administration of Federal programs; Page 157 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3504 2 See References in Text note below. (4) evaluate statistical program performance and agency compliance with Governmentwide policies, principles, standards and guidelines; (5) promote the sharing of information col- lected for statistical purposes consistent with privacy rights and confidentiality pledges; (6) coordinate the participation of the United States in international statistical ac- tivities, including the development of com- parable statistics; (7) appoint a chief statistician who is a trained and experienced professional statisti- cian to carry out the functions described under this subsection; (8) establish an Interagency Council on Sta- tistical Policy to advise and assist the Direc- tor in carrying out the functions under this subsection that shall— (A) be headed by the chief statistician; and (B) consist of— (i) the heads of the major statistical pro- grams; and (ii) representatives of other statistical agencies under rotating membership; (9) provide opportunities for training in sta- tistical policy functions to employees of the Federal Government under which— (A) each trainee shall be selected at the discretion of the Director based on agency requests and shall serve under the chief stat- istician for at least 6 months and not more than 1 year; and (B) all costs of the training shall be paid by the agency requesting training; and (10) ensure that any change to the standards of core-based statistical area (as defined in section 4 of the MAPS Act of 2021) delineations pursuant to this subsection shall— (A) be accompanied by a public report that explains— (i) the scientific basis, criteria, and methodology for such change to existing standards, including clear quantitative thresholds for determining any future sta- tistical re-delineations; and (ii) the opinions of domestic and inter- national experts in statistics and demo- graphics, including government experts at the Bureau of the Census and other rel- evant agencies, who were consulted re- garding such change to existing standards; (B) not be influenced by any non-statis- tical considerations such as impact on pro- gram administration or service delivery; and (C) not propagate automatically for any non-statistical use by any domestic assist- ance program (as defined in section 4 of the MAPS Act of 2021). (f) With respect to records management, the Director shall— (1) provide advice and assistance to the Ar- chivist of the United States and the Adminis- trator of General Services to promote coordi- nation in the administration of chapters 29, 31, and 33 of this title with the information re- sources management policies, principles, standards, and guidelines established under this subchapter; (2) review compliance by agencies with— (A) the requirements of chapters 29, 31, and 33 of this title; and (B) regulations promulgated by the Archi- vist of the United States and the Adminis- trator of General Services; and (3) oversee the application of records man- agement policies, principles, standards, and guidelines, including requirements for archiving information maintained in elec- tronic format, in the planning and design of information systems. (g) With respect to privacy and security, the Director shall— (1) develop and oversee the implementation of policies, principles, standards, and guide- lines on privacy, confidentiality, security, dis- closure and sharing of information collected or maintained by or for agencies; and (2) oversee and coordinate compliance with sections 552 and 552a of title 5, sections 20 and 21 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3 and 278g–4), section 11331 of title 40 and subchapter II of this chapter, and related information manage- ment laws. (h) With respect to Federal information tech- nology, the Director shall— (1) in consultation with the Director of the National Institute of Standards and Tech- nology and the Administrator of General Serv- ices— (A) develop and oversee the implementa- tion of policies, principles, standards, and guidelines for information technology func- tions and activities of the Federal Govern- ment, including periodic evaluations of major information systems; and (B) oversee the development and imple- mentation of standards under section 11331 of title 40; 2 (2) monitor the effectiveness of, and compli- ance with, directives issued under subtitle III of title 40 and directives issued under section 322 2 of title 40; (3) coordinate the development and review by the Office of Information and Regulatory Affairs of policy associated with Federal pro- curement and acquisition of information tech- nology with the Office of Federal Procurement Policy; (4) ensure, through the review of agency budget proposals, information resources man- agement plans and other means— (A) agency integration of information re- sources management plans, program plans and budgets for acquisition and use of infor- mation technology; and (B) the efficiency and effectiveness of inter-agency information technology initia- tives to improve agency performance and the accomplishment of agency missions; and (5) promote the use of information tech- nology by the Federal Government to improve the productivity, efficiency, and effectiveness of Federal programs, including through dis- semination of public information and the re- duction of information collection burdens on the public. Page 158 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3504 (Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat. 167; amended Pub. L. 104–106, div. E, title LI, § 5131(e)(1), title LVI, § 5605(b), (c), Feb. 10, 1996, 110 Stat. 688, 700; Pub. L. 105–85, div. A, title X, § 1073(h)(5)(B), (C), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 105–277, div. C, title XVII, § 1702, Oct. 21, 1998, 112 Stat. 2681–749; Pub. L. 106–398, § 1 [[div. A], title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275; Pub. L. 107–198, § 2(a), June 28, 2002, 116 Stat. 729; Pub. L. 107–217, § 3(l)(5), Aug. 21, 2002, 116 Stat. 1301; Pub. L. 107–296, title X, § 1005(c)(1), Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107–347, title III, § 305(c)(1), Dec. 17, 2002, 116 Stat. 2960; Pub. L. 115–435, title II, § 202(b), (d)(2)(B), Jan. 14, 2019, 132 Stat. 5535, 5541; Pub. L. 117–219, § 7, Dec. 5, 2022, 136 Stat. 2274.) Editorial Notes REFERENCES IN TEXT The date of enactment of the Small Business Paper- work Relief Act of 2002, referred to in subsec. (c)(6), is the date of enactment of Pub. L. 107–198, which was ap- proved June 28, 2002. Section 4 of the MAPS Act of 2021, referred to in sub- sec. (e)(10), is section 4 of Pub. L. 117–219, which is set out as a note under section 6102 of Title 31, Money and Finance. The text of section 11331 of title 40, referred to in sub- sec. (h)(1)(B), was generally amended by Pub. L. 117–167, div. B, title II, § 10246(f), Aug. 9, 2022, 136 Stat. 1492, so as to provide for the prescription by the Secretary of Commerce of standards and guidelines pertaining to Federal information systems. Section 322 of title 40, referred to in subsec. (h)(2), was repealed by Pub. L. 109–313, § 3(h)(1), Oct. 6, 2006, 120 Stat. 1736. PRIOR PROVISIONS A prior section 3504, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2815; amended Pub. L. 98–497, title I, § 107(b)(26), Oct. 19, 1984, 98 Stat. 2291; Pub. L. 99–500, § 101(m) [title VIII, §§ 814, 821(b)(2)], Oct. 18, 1986, 100 Stat. 1783–308, 1783–336, 1783–342, and Pub. L. 99–591, § 101(m) [title VIII, §§ 814, 821(b)(2)], Oct. 30, 1986, 100 Stat. 3341–308, 3341–336, 3341–342, related to authority and functions of Director prior to the general amend- ment of this chapter by Pub. L. 104–13. Another prior section 3504, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1303, provided for designation of a central collection agency, prior to the general amendment of this chapter by Pub. L. 96–511. See section 3509 of this title. AMENDMENTS 2022—Subsec. (e)(10). Pub. L. 117–219 added par. (10). 2019—Subsec. (b)(2)(A). Pub. L. 115–435, § 202(d)(2)(B), substituted ‘‘the use of comprehensive data inventories and the Federal data catalogue under section 3511’’ for ‘‘the use of the Government Information Locator Serv- ice’’. Subsec. (b)(6). Pub. L. 115–435, § 202(b), added par. (6). 2002—Subsec. (c)(6). Pub. L. 107–198 added par. (6). Subsec. (g)(1). Pub. L. 107–296, § 1005(c)(1)(A), and Pub. L. 107–347, § 305(c)(1)(A), amended par. (1) identically, in- serting ‘‘and’’ at end. Subsec. (g)(2). Pub. L. 107–347, § 305(c)(1)(B), sub- stituted ‘‘section 11331 of title 40 and subchapter II of this chapter’’ for ‘‘sections 11331 and 11332(b) and (c) of title 40’’ and a period for ‘‘; and’’ at end. Pub. L. 107–296, § 1005(c)(1)(B), which directed amend- ment of par. (2) by substituting ‘‘section 11331 of title 40 and subchapter II of this title’’ for ‘‘sections 11331 and 11332(b) and (c) of title 40’’ and a period for the semicolon, could not be executed because of amend- ment by Pub. L. 107–347, § 305(c)(1)(B). See Amendment note above and Effective Date of 2002 Amendments notes below. Pub. L. 107–217, § 3(l)(5)(A), substituted ‘‘sections 11331 and 11332(b) and (c) of title 40’’ for ‘‘section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441), and sections 5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)’’. Subsec. (g)(3). Pub. L. 107–296, § 1005(c)(1)(C), and Pub. L. 107–347, § 305(c)(1)(C), amended subsec. (g) identically, striking out par. (3) which read as follows: ‘‘require Federal agencies, consistent with the standards and guidelines promulgated under sections 11331 and 11332(b) and (c) of title 40, to identify and afford secu- rity protections commensurate with the risk and mag- nitude of the harm resulting from the loss, misuse, or unauthorized access to or modification of information collected or maintained by or on behalf of an agency.’’ Pub. L. 107–217, § 3(l)(5)(B), substituted ‘‘sections 11331 and 11332(b) and (c) of title 40’’ for ‘‘section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and sections 5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)’’. Subsec. (h)(1)(B). Pub. L. 107–217, § 3(l)(5)(C), sub- stituted ‘‘section 11331 of title 40’’ for ‘‘section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441)’’. Subsec. (h)(2). Pub. L. 107–217, § 3(l)(5)(D), substituted ‘‘subtitle III of title 40’’ for ‘‘division E of the Clinger- Cohen Act of 1996 (40 U.S.C. 1401 et seq.)’’ and ‘‘section 322 of title 40’’ for ‘‘section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757)’’. 2000—Subsecs. (a)(2), (d)(2), (f)(1). Pub. L. 106–398 sub- stituted ‘‘subchapter’’ for ‘‘chapter’’. 1998—Subsec. (a)(1)(B)(vi). Pub. L. 105–277 amended cl. (vi) generally. Prior to amendment, cl. (vi) read as fol- lows: ‘‘the acquisition and use of information tech- nology.’’ 1997—Subsecs. (g)(2), (3), (h)(1)(B). Pub. L. 105–85, § 1073(h)(5)(C), substituted ‘‘Clinger-Cohen Act of 1996 (40 U.S.C. 1441)’’ for ‘‘Information Technology Manage- ment Reform Act of 1996’’. Subsec. (h)(2). Pub. L. 105–85, § 1073(h)(5)(B), sub- stituted ‘‘division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)’’ for ‘‘the Information Technology Management Reform Act of 1996’’. 1996—Subsec. (g)(2). Pub. L. 104–106, § 5131(e)(1)(A), substituted ‘‘sections 20 and 21 of the National Insti- tute of Standards and Technology Act (15 U.S.C. 278g–3 and 278g–4), section 5131 of the Information Technology Management Reform Act of 1996, and sections 5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)’’ for ‘‘the Computer Security Act of 1987 (40 U.S.C. 759 note)’’. Subsec. (g)(3). Pub. L. 104–106, § 5131(e)(1)(B), sub- stituted ‘‘the standards and guidelines promulgated under section 5131 of the Information Technology Man- agement Reform Act of 1996 and sections 5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)’’ for ‘‘the Computer Security Act of 1987 (40 U.S.C. 759 note)’’. Subsec. (h)(1)(B). Pub. L. 104–106, § 5605(b), substituted ‘‘section 5131 of the Information Technology Manage- ment Reform Act of 1996’’ for ‘‘section 111(d) of the Fed- eral Property and Administrative Services Act of 1949 (40 U.S.C. 759(d))’’. Subsec. (h)(2). Pub. L. 104–106, § 5605(c), substituted ‘‘the Information Technology Management Reform Act of 1996 and directives issued under section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757)’’ for ‘‘sections 110 and 111 of the Fed- eral Property and Administrative Services Act of 1949 (40 U.S.C. 757 and 759)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Amendment by Pub. L. 115–435 effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115–435, set out as a note under section 306 of Title 5, Government Or- ganization and Employees. EFFECTIVE DATE OF 2002 AMENDMENTS Pub. L. 107–347, title IV, § 402(b), Dec. 17, 2002, 116 Stat. 2962, provided that: ‘‘Title III [see Short Title of 2002 Page 159 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3504 Amendments note set out under section 101 of this title] and this title [enacting provisions set out as a note under section 3601 of this title] shall take effect on the date of enactment of this Act [Dec. 17, 2002].’’ Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–398 effective 30 days after Oct. 30, 2000, see section 1 [[div. A], title X, § 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 OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective 180 days after Feb. 10, 1996, see section 5701 of Pub. L. 104–106, Feb. 10, 1996, 110 Stat. 702. EFFECTIVE DATE Section effective Oct. 1, 1995, except as otherwise pro- vided, see section 4(a) of Pub. L. 104–13, set out as a note under section 3501 of this title. GOVERNMENT PAPERWORK ELIMINATION Pub. L. 105–277, div. C, title XVII, Oct. 21, 1998, 112 Stat. 2681–749, provided that: ‘‘SEC. 1701. SHORT TITLE. ‘‘This title may be cited as the ‘Government Paper- work Elimination Act’. ‘‘SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND USE OF ALTERNATIVE IN- FORMATION TECHNOLOGIES BY EXECUTIVE AGENCIES. ‘‘[Amended this section.] ‘‘SEC. 1703. PROCEDURES FOR USE AND ACCEPT- ANCE OF ELECTRONIC SIGNATURES BY EXECU- TIVE AGENCIES. ‘‘(a) IN GENERAL.—In order to fulfill the responsi- bility to administer the functions assigned under chap- ter 35 of title 44, United States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Pub- lic Law 104–106) [see Short Title of 1996 Act note set out under section 101 of Title 41, Public Contracts] and the amendments made by that Act, and the provisions of this title, the Director of the Office of Management and Budget shall, in consultation with the National Tele- communications and Information Administration and not later than 18 months after the date of enactment of this Act [Oct. 21, 1998], develop procedures for the use and acceptance of electronic signatures by Executive agencies. ‘‘(b) REQUIREMENTS FOR PROCEDURES.—(1) The proce- dures developed under subsection (a)— ‘‘(A) shall be compatible with standards and tech- nology for electronic signatures that are generally used in commerce and industry and by State govern- ments; ‘‘(B) may not inappropriately favor one industry or technology; ‘‘(C) shall ensure that electronic signatures are as reliable as is appropriate for the purpose in question and keep intact the information submitted; ‘‘(D) shall provide for the electronic acknowledg- ment of electronic forms that are successfully sub- mitted; and ‘‘(E) shall, to the extent feasible and appropriate, require an Executive agency that anticipates receipt by electronic means of 50,000 or more submittals of a particular form to take all steps necessary to ensure that multiple methods of electronic signatures are available for the submittal of such form. ‘‘(2) The Director shall ensure the compatibility of the procedures under paragraph (1)(A) in consultation with appropriate private bodies and State government entities that set standards for the use and acceptance of electronic signatures. ‘‘SEC. 1704. DEADLINE FOR IMPLEMENTATION BY EXECUTIVE AGENCIES OF PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNA- TURES. ‘‘In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, United States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106) [see Short Title of 1996 Act note set out under section 101 of Title 41] and the amendments made by that Act, and the provisions of this title, the Director of the Of- fice of Management and Budget shall ensure that, com- mencing not later than five years after the date of en- actment of this Act [Oct. 21, 1998], Executive agencies provide— ‘‘(1) for the option of the electronic maintenance, submission, or disclosure of information, when prac- ticable as a substitute for paper; and ‘‘(2) for the use and acceptance of electronic signa- tures, when practicable. ‘‘SEC. 1705. ELECTRONIC STORAGE AND FILING OF EMPLOYMENT FORMS. ‘‘In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, United States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106) [see Short Title of 1996 Amendment Act set out under section 101 of Title 41] and the amendments made by that Act, and the provisions of this title, the Director of the Office of Management and Budget shall, not later than 18 months after the date of enactment of this Act [Oct. 21, 1998], develop procedures to permit private em- ployers to store and file electronically with Executive agencies forms containing information pertaining to the employees of such employers. ‘‘SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNA- TURES. ‘‘(a) ONGOING STUDY REQUIRED.—In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, United States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106) [see Short Title of 1996 Act note set out under section 101 of Title 41] and the amendments made by that Act, and the provisions of this title, the Director of the Office of Management and Budget shall, in cooperation with the National Tele- communications and Information Administration, con- duct an ongoing study of the use of electronic signa- tures under this title on— ‘‘(1) paperwork reduction and electronic commerce; ‘‘(2) individual privacy; and ‘‘(3) the security and authenticity of transactions. ‘‘(b) REPORTS.—The Director shall submit to Congress on a periodic basis a report describing the results of the study carried out under subsection (a). ‘‘SEC. 1707. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC RECORDS. ‘‘Electronic records submitted or maintained in ac- cordance with procedures developed under this title, or electronic signatures or other forms of electronic au- thentication used in accordance with such procedures, shall not be denied legal effect, validity, or enforce- ability because such records are in electronic form. ‘‘SEC. 1708. DISCLOSURE OF INFORMATION. ‘‘Except as provided by law, information collected in the provision of electronic signature services for com- munications with an executive agency, as provided by this title, shall only be used or disclosed by persons who obtain, collect, or maintain such information as a business or government practice, for the purpose of fa- cilitating such communications, or with the prior af- firmative consent of the person about whom the infor- mation pertains. Page 160 TITLE 44—PUBLIC PRINTING AND DOCUMENTS § 3505 1 So in original. Two subsecs. (c) have been enacted. ‘‘SEC. 1709. APPLICATION WITH INTERNAL REV- ENUE LAWS. ‘‘No provision of this title shall apply to the Depart- ment of the Treasury or the Internal Revenue Service to the extent that such provision— ‘‘(1) involves the administration of the internal rev- enue laws; or ‘‘(2) conflicts with any provision of the Internal Revenue Service Restructuring and Reform Act of 1998 [Pub. L. 105–206, see Tables for classification] or the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.]. ‘‘SEC. 1710. DEFINITIONS. ‘‘For purposes of this title: ‘‘(1) ELECTRONIC SIGNATURE.—The term ‘electronic signature’ means a method of signing an electronic message that— ‘‘(A) identifies and authenticates a particular per- son as the source of the electronic message; and ‘‘(B) indicates such person’s approval of the infor- mation contained in the electronic message. ‘‘(2) EXECUTIVE AGENCY.—The term ‘Executive agen- cy’ has the meaning given that term in section 105 of title 5, United States Code.’’ § 3505. Assignment of tasks and deadlines (a) In carrying out the functions under this subchapter, the Director shall— (1) in consultation with agency heads, set an annual Governmentwide goal for the reduction of information collection burdens by at least 10 percent during each of fiscal years 1996 and 1997 and 5 percent during each of fiscal years 1998, 1999, 2000, and 2001, and set annual agency goals to— (A) reduce information collection burdens imposed on the public that— (i) represent the maximum practicable opportunity in each agency; and (ii) are consistent with improving agen- cy management of the process for the re- view of collections of information estab- lished under section 3506(c); and (B) improve information resources man- agement in ways that increase the produc- tivity, efficiency and effectiveness of Fed- eral programs, including service delivery to the public; (2) with selected agencies and non-Federal entities on a voluntary basis, conduct pilot projects to test alternative policies, practices, regulations, and procedures to fulfill the pur- poses of this subchapter, particularly with re- gard to minimizing the Federal information collection burden; and (3) in consultation with the Administrator of General Services, the Director of the National Institute of Standards and Technology, the Archivist of the United States, and the Direc- tor of the Office of Personnel Management, de- velop and maintain a Governmentwide stra- tegic plan for information resources manage- ment, that shall include— (A) a description of the objectives and the means by which the Federal Government shall apply information resources to im- prove agency and program performance; (B) plans for— (i) reducing information burdens on the public, including reducing such burdens through the elimination of duplication and meeting shared data needs with shared re- sources; (ii) enhancing public access to and dis- semination of, information, using elec- tronic and other formats; and (iii) meeting the information technology needs of the Federal Government in ac- cordance with the purposes of this sub- chapter; and (C) a description of progress in applying information resources management to im- prove agency performance and the accom- plishment of missions. (b) For purposes of any pilot project conducted under subsection (a)(2), the Director may, after consultation with the agency head, waive the application of any administrative directive issued by an agency with which the project is conducted, including any directive requiring a collection of information, after giving timely notice to the public and the Congress regarding the need for such waiver. (c) 1 INVENTORY OF MAJOR INFORMATION SYS- TEMS.—(1) The head of each agency shall develop and maintain an inventory of major information systems (including major national security sys- tems) operated by or under the control of such agency. (2) The identification of information systems in an inventory under this subsection shall in- clude an identification of the interfaces between each such system and all other systems or net- works, including those not operated by or under the control of the agency. (3) Such inventory shall be— (A) updated at least annually; (B) made available to the Comptroller Gen- eral; and (C) used to support information resources management, including— (i) preparation and maintenance of the in- ventory of information resources under sec- tion 3506(b)(4); (ii) information technology planning, budgeting, acquisition, and management under section 3506(h), subtitle III of title 40, and related laws and guidance; (iii) monitoring, testing, and evaluation of information security controls under sub- chapter II; (iv) preparation of the index of major in- formation systems required under section 552(g) of title 5, United States Code; and (v) preparation of information system in- ventories required for records management under chapters 21, 29, 31, and 33. (4) The Director shall issue guidance for and oversee the implementation of the requirements of this subsection. (c) 1 INVENTORY OF INFORMATION SYSTEMS.—(1) The head of each agency shall develop and main- tain an inventory of the information systems (including national security systems) operated by or under the control of such agency; (2) The identification of information systems in an inventory under this subsection shall in- clude an identification of the interfaces between each such system and all other systems or net- works, including those not operated by or under the control of the agency;