
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[1064(b)]]
[CITE: 44USC3504]

 
                 TITLE 44--PUBLIC PRINTING AND DOCUMENTS
 
         CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY
 
Sec. 3504. Authority and functions of Director

    (a)(1) The Director shall oversee the use of information resources 
to improve the efficiency and effectiveness of governmental operations 
to serve agency missions, including burden reduction and service 
delivery to the public. In performing such oversight, the Director 
shall--
        (A) develop, coordinate and oversee the implementation of 
    Federal information resources management policies, principles, 
    standards, and guidelines; and
        (B) provide direction and oversee--
            (i) the review and approval of the collection of information 
        and the reduction of the information collection burden;
            (ii) agency dissemination of and public access to 
        information;
            (iii) statistical activities;
            (iv) records management activities;
            (v) privacy, confidentiality, security, disclosure, and 
        sharing of information; and
            (vi) the acquisition and use of information technology, 
        including alternative information technologies that provide for 
        electronic submission, maintenance, or disclosure of information 
        as a substitute for paper and for the use and acceptance of 
        electronic signatures.

    (2) The authority of the Director under this chapter shall be 
exercised consistent with applicable law.
    (b) With respect to general information resources management policy, 
the Director shall--
        (1) develop and oversee the implementation of uniform 
    information resources management policies, principles, standards, 
    and guidelines;
        (2) foster greater sharing, dissemination, and access to public 
    information, including through--
            (A) the use of the Government Information Locator Service; 
        and
            (B) the development and utilization of common standards for 
        information collection, storage, processing and communication, 
        including standards for security, interconnectivity and 
        interoperability;

        (3) initiate and review proposals for changes in legislation, 
    regulations, and agency procedures to improve information resources 
    management practices;
        (4) oversee the development and implementation of best practices 
    in information resources management, including training; and
        (5) oversee agency integration of program and management 
    functions with information resources management functions.

    (c) With respect to the collection of information and the control of 
paperwork, the Director shall--
        (1) review and approve proposed agency collections of 
    information;
        (2) coordinate the review of the collection of information 
    associated with Federal procurement and acquisition by the Office of 
    Information and Regulatory Affairs with the Office of Federal 
    Procurement Policy, with particular emphasis on applying information 
    technology to improve the efficiency and effectiveness of Federal 
    procurement, acquisition and payment, and to reduce information 
    collection burdens on the public;
        (3) minimize the Federal information collection burden, with 
    particular emphasis on those individuals and entities most adversely 
    affected;
        (4) maximize the practical utility of and public benefit from 
    information collected by or for the Federal Government; and
        (5) establish and oversee standards and guidelines by which 
    agencies are to estimate the burden to comply with a proposed 
    collection of information.

    (d) With respect to information dissemination, the Director shall 
develop and oversee the implementation of policies, principles, 
standards, and guidelines to--
        (1) apply to Federal agency dissemination of public information, 
    regardless of the form or format in which such information is 
    disseminated; and
        (2) promote public access to public information and fulfill the 
    purposes of this chapter, including through the effective use of 
    information technology.

    (e) With respect to statistical policy and coordination, the 
Director shall--
        (1) coordinate the activities of the Federal statistical system 
    to ensure--
            (A) the efficiency and effectiveness of the system; and
            (B) the integrity, objectivity, impartiality, utility, and 
        confidentiality of information collected for statistical 
        purposes;

        (2) ensure that budget proposals of agencies are consistent with 
    system-wide priorities for maintaining and improving the quality of 
    Federal statistics and prepare an annual report on statistical 
    program funding;
        (3) develop and oversee the implementation of Governmentwide 
    policies, principles, standards, and guidelines concerning--
            (A) statistical collection procedures and methods;
            (B) statistical data classification;
            (C) statistical information presentation and dissemination;
            (D) timely release of statistical data; and
            (E) such statistical data sources as may be required for the 
        administration of Federal programs;

        (4) evaluate statistical program performance and agency 
    compliance with Governmentwide policies, principles, standards and 
    guidelines;
        (5) promote the sharing of information collected for statistical 
    purposes consistent with privacy rights and confidentiality pledges;
        (6) coordinate the participation of the United States in 
    international statistical activities, including the development of 
    comparable statistics;
        (7) appoint a chief statistician who is a trained and 
    experienced professional statistician to carry out the functions 
    described under this subsection;
        (8) establish an Interagency Council on Statistical Policy to 
    advise and assist the Director in carrying out the functions under 
    this subsection that shall--
            (A) be headed by the chief statistician; and
            (B) consist of--
                (i) the heads of the major statistical programs; and
                (ii) representatives of other statistical agencies under 
            rotating membership; and

        (9) provide opportunities for training in statistical policy 
    functions to employees of the Federal Government under which--
            (A) each trainee shall be selected at the discretion of the 
        Director based on agency requests and shall serve under the 
        chief statistician for at least 6 months and not more than 1 
        year; and
            (B) all costs of the training shall be paid by the agency 
        requesting training.

    (f) With respect to records management, the Director shall--
        (1) provide advice and assistance to the Archivist of the United 
    States and the Administrator of General Services to promote 
    coordination in the administration of chapters 29, 31, and 33 of 
    this title with the information resources management policies, 
    principles, standards, and guidelines established under this 
    chapter;
        (2) review compliance by agencies with--
            (A) the requirements of chapters 29, 31, and 33 of this 
        title; and
            (B) regulations promulgated by the Archivist of the United 
        States and the Administrator of General Services; and

        (3) oversee the application of records management policies, 
    principles, standards, and guidelines, including requirements for 
    archiving information maintained in electronic format, in the 
    planning and design of information systems.

    (g) With respect to privacy and security, the Director shall--
        (1) develop and oversee the implementation of policies, 
    principles, standards, and guidelines on privacy, confidentiality, 
    security, disclosure and sharing of information collected or 
    maintained by or for agencies;
        (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 
    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),\1\ and related information management laws; and
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    \1\ See References in Text note below.
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        (3) require Federal agencies, consistent with the standards and 
    guidelines promulgated under 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),\1\ to identify and afford 
    security protections commensurate with the risk and magnitude of the 
    harm resulting from the loss, misuse, or unauthorized access to or 
    modification of information collected or maintained by or on behalf 
    of an agency.

    (h) With respect to Federal information technology, the Director 
shall--
        (1) in consultation with the Director of the National Institute 
    of Standards and Technology and the Administrator of General 
    Services--
            (A) develop and oversee the implementation of policies, 
        principles, standards, and guidelines for information technology 
        functions and activities of the Federal Government, including 
        periodic evaluations of major information systems; and
            (B) oversee the development and implementation of standards 
        under section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 
        1441);

        (2) monitor the effectiveness of, and compliance with, 
    directives issued under division E of the Clinger-Cohen Act of 1996 
    (40 U.S.C. 1401 et seq.) and directives issued under section 110 of 
    the Federal Property and Administrative Services Act of 1949 (40 
    U.S.C. 757);
        (3) coordinate the development and review by the Office of 
    Information and Regulatory Affairs of policy associated with Federal 
    procurement and acquisition of information technology with the 
    Office of Federal Procurement Policy;
        (4) ensure, through the review of agency budget proposals, 
    information resources management plans and other means--
            (A) agency integration of information resources management 
        plans, program plans and budgets for acquisition and use of 
        information technology; and
            (B) the efficiency and effectiveness of inter-agency 
        information technology initiatives to improve agency performance 
        and the accomplishment of agency missions; and

        (5) promote the use of information technology by the Federal 
    Government to improve the productivity, efficiency, and 
    effectiveness of Federal programs, including through dissemination 
    of public information and the reduction of information collection 
    burdens on the public.

(Added Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 167; amended Pub. 
L. 104-106, div. E, title LI, Sec. 5131(e)(1), title LVI, Sec. 5605(b), 
(c), Feb. 10, 1996, 110 Stat. 688, 700; Pub. L. 105-85, div. A, title X, 
Sec. 1073(h)(5)(B), (C), Nov. 18, 1997, 111 Stat. 1907; Pub. L. 105-277, 
div. C, title XVII, Sec. 1702, Oct. 21, 1998, 112 Stat. 2681-749.)

                       References in Text

    Sections 5 and 6 of the Computer Security Act of 1987, referred to 
in subsec. (g)(2), (3), are sections 5 and 6 of Pub. L. 100-235, as 
amended, which are set out in a note under section 1441 of Title 40, 
Public Buildings, Property, and Works.
    The Clinger-Cohen Act of 1996, referred to in subsec. (h)(2), is 
div. D (Secs. 4001-4402) and div. E (Secs. 5001-5703) of Pub. L. 104-
106, Feb. 10, 1996, 110 Stat. 642, 679. Div. E of Pub. L. 104-106 is 
classified principally to chapter 25 (Sec. 1401 et seq.) of Title 40, 
Public Buildings, Property, and Works. For complete classification of 
this Act to the Code, see Short Title note set out under section 1401 of 
Title 40 and Tables.


                            Prior Provisions

    A prior section 3504, added Pub. L. 96-511, Sec. 2(a), Dec. 11, 
1980, 94 Stat. 2815; amended Pub. L. 98-497, title I, Sec. 107(b)(26), 
Oct. 19, 1984, 98 Stat. 2291; Pub. L. 99-500, Sec. 101(m) [title VIII, 
Secs. 814, 821(b)(2)], Oct. 18, 1986, 100 Stat. 1783-308, 1783-336, 
1783-342, and Pub. L. 99-591, Sec. 101(m) [title VIII, Secs. 814, 
821(b)(2)], Oct. 30, 1986, 100 Stat. 3341-308, 3341-336, 3341-342, 
related to authority and functions of Director prior to the general 
amendment of this chapter by Pub. L. 104-13.
    Another prior section 3504, Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 
1303, provided for designation of a central collection agency, prior to 
the general amendment of this chapter by Pub. L. 96-511. See section 
3509 of this title.


                               Amendments

    1998--Subsec. (a)(1)(B)(vi). Pub. L. 105-277 amended cl. (vi) 
generally. Prior to amendment, cl. (vi) read as follows: ``the 
acquisition and use of information technology.''
    1997--Subsecs. (g)(2), (3), (h)(1)(B). Pub. L. 105-85, 
Sec. 1073(h)(5)(C), substituted ``Clinger-Cohen Act of 1996 (40 U.S.C. 
1441)'' for ``Information Technology Management Reform Act of 1996''.
    Subsec. (h)(2). Pub. L. 105-85, Sec. 1073(h)(5)(B), substituted 
``division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)'' 
for ``the Information Technology Management Reform Act of 1996''.
    1996--Subsec. (g)(2). Pub. L. 104-106, Sec. 5131(e)(1)(A), 
substituted ``sections 20 and 21 of the National Institute of Standards 
and Technology Act (15 U.S.C. 278g-3 and 278g-4), section 5131 of the 
Information Technology Management Reform Act of 1996, and sections 5 and 
6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)'' for ``the 
Computer Security Act of 1987 (40 U.S.C. 759 note)''.
    Subsec. (g)(3). Pub. L. 104-106, Sec. 5131(e)(1)(B), substituted 
``the standards and guidelines promulgated under section 5131 of the 
Information Technology Management Reform Act of 1996 and sections 5 and 
6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)'' for ``the 
Computer Security Act of 1987 (40 U.S.C. 759 note)''.
    Subsec. (h)(1)(B). Pub. L. 104-106, Sec. 5605(b), substituted 
``section 5131 of the Information Technology Management Reform Act of 
1996'' for ``section 111(d) of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 759(d))''.
    Subsec. (h)(2). Pub. L. 104-106, Sec. 5605(c), substituted ``the 
Information Technology Management Reform Act of 1996 and directives 
issued under section 110 of the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 757)'' for ``sections 110 and 111 of the 
Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757 
and 759)''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective 180 days after Feb. 10, 1996, 
see section 5701 of Pub. L. 104-106, set out as an Effective Date note 
under section 1401 of Title 40, Public Buildings, Property, and Works.


                    Government Paperwork Elimination

    Pub. L. 105-277, div. C, title XVII, Oct. 21, 1998, 112 Stat. 2681-
749, provided that:
``SEC. 1701. SHORT TITLE.
    ``This title may be cited as the `Government Paperwork Elimination 
Act'.
``SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND USE OF 
        ALTERNATIVE INFORMATION TECHNOLOGIES BY EXECUTIVE AGENCIES.
    ``[Amended this section.]
``SEC. 1703. PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES 
        BY EXECUTIVE AGENCIES.
    ``(a) In General.--In order to fulfill the responsibility to 
administer the functions assigned under chapter 35 of title 44, United 
States Code, the provisions of the Clinger-Cohen Act of 1996 [see Short 
Title of 1996 Amendment notes set out under 40 U.S.C. 1401 and 41 U.S.C. 
251] (divisions D and E of Public Law 104-106) and the amendments made 
by that Act, and the provisions of this title, the Director of the 
Office of Management and Budget shall, in consultation with the National 
Telecommunications and Information Administration and not later than 18 
months after the date of enactment of this Act [Oct. 21, 1998], develop 
procedures for the use and acceptance of electronic signatures by 
Executive agencies.
    ``(b) Requirements for Procedures.--(1) The procedures developed 
under subsection (a)--
        ``(A) shall be compatible with standards and technology for 
    electronic signatures that are generally used in commerce and 
    industry and by State governments;
        ``(B) may not inappropriately favor one industry or technology;
        ``(C) shall ensure that electronic signatures are as reliable as 
    is appropriate for the purpose in question and keep intact the 
    information submitted;
        ``(D) shall provide for the electronic acknowledgment of 
    electronic forms that are successfully submitted; and
        ``(E) shall, to the extent feasible and appropriate, require an 
    Executive agency that anticipates receipt by electronic means of 
    50,000 or more submittals of a particular form to take all steps 
    necessary to ensure that multiple methods of electronic signatures 
    are available for the submittal of such form.
    ``(2) The Director shall ensure the compatibility of the procedures 
under paragraph (1)(A) in consultation with appropriate private bodies 
and State government entities that set standards for the use and 
acceptance of electronic signatures.
``SEC. 1704. DEADLINE FOR IMPLEMENTATION BY EXECUTIVE AGENCIES OF 
        PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES.
    ``In order to fulfill the responsibility to administer the functions 
assigned under chapter 35 of title 44, United States Code, the 
provisions of the Clinger-Cohen Act of 1996 [see Short Title of 1996 
Amendment notes set out under 40 U.S.C. 1401 and 41 U.S.C. 251] 
(divisions D and E of Public Law 104-106) and the amendments made by 
that Act, and the provisions of this title, the Director of the Office 
of Management and Budget shall ensure that, commencing not later than 
five years after the date of enactment of this Act [Oct. 21, 1998], 
Executive agencies provide--
        ``(1) for the option of the electronic maintenance, submission, 
    or disclosure of information, when practicable as a substitute for 
    paper; and
        ``(2) for the use and acceptance of electronic signatures, when 
    practicable.
``SEC. 1705. ELECTRONIC STORAGE AND FILING OF EMPLOYMENT FORMS.
    ``In order to fulfill the responsibility to administer the functions 
assigned under chapter 35 of title 44, United States Code, the 
provisions of the Clinger-Cohen Act of 1996 [see Short Title of 1996 
Amendment notes set out under 40 U.S.C. 1401 and 41 U.S.C. 251] 
(divisions D and E of Public Law 104-106) and the amendments made by 
that Act, and the provisions of this title, the Director of the Office 
of Management and Budget shall, not later than 18 months after the date 
of enactment of this Act [Oct. 21, 1998], develop procedures to permit 
private employers to store and file electronically with Executive 
agencies forms containing information pertaining to the employees of 
such employers.
``SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNATURES.
    ``(a) Ongoing Study Required.--In order to fulfill the 
responsibility to administer the functions assigned under chapter 35 of 
title 44, United States Code, the provisions of the Clinger-Cohen Act of 
1996 [see Short Title of 1996 Amendment notes set out under 40 U.S.C. 
1401 and 41 U.S.C. 251] (divisions D and E of Public Law 104-106) and 
the amendments made by that Act, and the provisions of this title, the 
Director of the Office of Management and Budget shall, in cooperation 
with the National Telecommunications and Information Administration, 
conduct an ongoing study of the use of electronic signatures under this 
title on--
        ``(1) paperwork reduction and electronic commerce;
        ``(2) individual privacy; and
        ``(3) the security and authenticity of transactions.
    ``(b) Reports.--The Director shall submit to Congress on a periodic 
basis a report describing the results of the study carried out under 
subsection (a).
``SEC. 1707. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC RECORDS.
    ``Electronic records submitted or maintained in accordance with 
procedures developed under this title, or electronic signatures or other 
forms of electronic authentication used in accordance with such 
procedures, shall not be denied legal effect, validity, or 
enforceability because such records are in electronic form.
``SEC. 1708. DISCLOSURE OF INFORMATION.
    ``Except as provided by law, information collected in the provision 
of electronic signature services for communications with an executive 
agency, as provided by this title, shall only be used or disclosed by 
persons who obtain, collect, or maintain such information as a business 
or government practice, for the purpose of facilitating such 
communications, or with the prior affirmative consent of the person 
about whom the information pertains.
``SEC. 1709. APPLICATION WITH INTERNAL REVENUE LAWS.
    ``No provision of this title shall apply to the Department of the 
Treasury or the Internal Revenue Service to the extent that such 
provision--
        ``(1) involves the administration of the internal revenue laws; 
    or
        ``(2) conflicts with any provision of the Internal Revenue 
    Service Restructuring and Reform Act of 1998 [Pub. L. 105-206, see 
    Tables for classification] or the Internal Revenue Code of 1986 [26 
    U.S.C. 1 et seq.].
``SEC. 1710. DEFINITIONS.
    ``For purposes of this title:
        ``(1) Electronic signature.--The term `electronic signature' 
    means a method of signing an electronic message that--
            ``(A) identifies and authenticates a particular person as 
        the source of the electronic message; and
            ``(B) indicates such person's approval of the information 
        contained in the electronic message.
        ``(2) Executive agency.--The term `Executive agency' has the 
    meaning given that term in section 105 of title 5, United States 
    Code.''

                  Section Referred to in Other Sections

    This section is referred to in title 40 sections 1412, 1413; title 
42 section 13271.
