United States Code (Last Updated: May 24, 2014) |
Title 44. PUBLIC PRINTING AND DOCUMENTS |
Chapter 35. COORDINATION OF FEDERAL INFORMATION POLICY |
SubChapter I. FEDERAL INFORMATION POLICY |
§ 3504. Authority and functions of Director
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(a) (1) The Director shall oversee the use of information resources to improve the efficiency and effectiveness of governmental operations to serve agency missions, including burden reduction and service delivery to the public. In performing such oversight, the Director shall— (A) develop, coordinate and oversee the implementation of Federal information resources management policies, principles, standards, and guidelines; and (B) provide direction and oversee— (i) the review and approval of the collection of information and the reduction of the information collection burden; (ii) agency dissemination of and public access to information; (iii) statistical activities; (iv) records management activities; (v) privacy, confidentiality, security, disclosure, and sharing of information; and (vi) the acquisition and use of information technology, including alternative information technologies that provide for electronic submission, maintenance, or disclosure of information as a substitute for paper and for the use and acceptance of electronic signatures. (2) The authority of the Director under this subchapter shall be exercised consistent with applicable law. (b) With respect to general information resources management policy, the Director shall— (1) develop and oversee the implementation of uniform information resources management policies, principles, standards, and guidelines; (2) foster greater sharing, dissemination, and access to public information, including through— (A) the use of the Government Information Locator Service; and (B) the development and utilization of common standards for information collection, storage, processing and communication, including standards for security, interconnectivity and interoperability; (3) initiate and review proposals for changes in legislation, regulations, and agency procedures to improve information resources management practices; (4) oversee the development and implementation of best practices in information resources management, including training; and (5) oversee agency integration of program and management functions with information resources management functions. (c) With respect to the collection of information and the control of paperwork, the Director shall— (1) review and approve proposed agency collections of information; (2) coordinate the review of the collection of information associated with Federal procurement and acquisition by the Office of Information and Regulatory Affairs with the Office of Federal Procurement Policy, with particular emphasis on applying information technology to improve the efficiency and effectiveness of Federal procurement, acquisition and payment, and to reduce information collection burdens on the public; (3) minimize the Federal information collection burden, with particular emphasis on those individuals and entities most adversely affected; (4) maximize the practical utility of and public benefit from information collected by or for the Federal Government; (5) establish and oversee standards and guidelines by which agencies are to estimate the burden to comply with a proposed collection of information; of title 40; (3) coordinate the development and review by the Office of Information and Regulatory Affairs of policy associated with Federal procurement and acquisition of information technology with the Office of Federal Procurement Policy; (4) ensure, through the review of agency budget proposals, information resources management plans and other means— (A) agency integration of information resources management plans, program plans and budgets for acquisition and use of information technology; and (B) the efficiency and effectiveness of inter-agency information technology initiatives to improve agency performance and the accomplishment of agency missions; and (5) promote the use of information technology by the Federal Government to improve the productivity, efficiency, and effectiveness of Federal programs, including through dissemination of public information and the reduction of information collection burdens on the public.
References In Text
The date of enactment of the Small Business Paperwork Relief Act of 2002, referred to in subsec. (c)(6), is the date of enactment of Pub. L. 107–198, which was approved
Section 322 of title 40, referred to in subsec. (h)(2), was repealed by Pub. L. 109–313, § 3(h)(1),
Prior Provisions
A prior section 3504, added Pub. L. 96–511, § 2(a),
Another prior section 3504, Pub. L. 90–620,
Amendments
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, inserting “and” at end.
Subsec. (g)(2). Pub. L. 107–347, § 305(c)(1)(B), substituted “section 11331 of title 40 and subchapter II of this chapter” for “sections 11331 and 11332(b) and (c) of title 40” and a period for “; and” at end.
Pub. L. 107–296, § 1005(c)(1)(B), which directed amendment of par. (2) by substituting “section 11331 of title 40 and subchapter II of this title” for “sections 11331 and 11332(b) and (c) of title 40” and a period for the semicolon, could not be executed because of amendment by Pub. L. 107–347, § 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 security protections commensurate with the risk and magnitude of the harm resulting from the loss, misuse, or unauthorized access to or modification of information collected or maintained by or on behalf of an agency.”
Pub. L. 107–217, § 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), substituted “section 11331 of title 40” for “section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441)”.
Subsec. (h)(2). Pub. L. 107–217, § 3(l)(5)(D), substituted “subtitle III of title 40” for “division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)” and “section 322 of title 40” for “section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757)”.
2000—Subsecs. (a)(2), (d)(2), (f)(1). Pub. L. 106–398 substituted “subchapter” for “chapter”.
1998—Subsec. (a)(1)(B)(vi). Pub. L. 105–277 amended cl. (vi) generally. Prior to amendment, cl. (vi) read as follows: “the acquisition and use of information technology.”
1997—Subsecs. (g)(2), (3), (h)(1)(B). Pub. L. 105–85, § 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, § 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, § 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, § 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, § 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, § 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 Amendment
Amendment by Pub. L. 107–347 effective
Amendment by Pub. L. 107–296 effective 60 days after
Amendment by Pub. L. 106–398 effective 30 days after
Amendment by Pub. L. 104–106 effective 180 days after
Miscellaneous
Pub. L. 105–277, div. C, title XVII, “This title may be cited as the ‘Government Paperwork Elimination Act’. “[Amended this section.] “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 [ “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. “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.