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pdf§ 3506
TITLE 44—PUBLIC PRINTING AND DOCUMENTS
(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 SYSTEMS.—(1) The head of each agency shall develop
and maintain an inventory of major information
systems (including major 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 include an identification of the interfaces between
each such system and all other systems or networks, 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 General; and
(C) used to support information resources
management, including—
(i) preparation and maintenance of the inventory of information resources under section 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 subchapter II;
(iv) preparation of the index of major information systems required under section
552(g) of title 5, United States Code; and
(v) preparation of information system inventories 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 maintain 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 include an identification of the interfaces between
each such system and all other systems or networks, 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 General; and
(C) used to support information resources
management, including—
(i) preparation and maintenance of the inventory of information resources under section 3506(b)(4);
(ii) information technology planning,
budgeting, acquisition, and management
1 So
in original. Two subsecs. (c) have been enacted.
Page 158
under section 3506(h), subtitle III of title 40,
and related laws and guidance;
(iii) monitoring, testing, and evaluation of
information security controls under subchapter II;
(iv) preparation of the index of major information systems required under section
552(g) of title 5, United States Code; and
(v) preparation of information system inventories 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.
(Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat.
170; amended Pub. L. 106–398, § 1 [[div. A], title X,
§ 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275;
Pub. L. 107–296, title X, § 1005(c)(2), Nov. 25, 2002,
116 Stat. 2272; Pub. L. 107–347, title III, § 305(c)(2),
Dec. 17, 2002, 116 Stat. 2961.)
Editorial Notes
PRIOR PROVISIONS
A prior section 3505, added Pub. L. 96–511, § 2(a), Dec.
11, 1980, 94 Stat. 2818; amended Pub. L. 99–500, § 101(m)
[title VIII, § 815], Oct. 18, 1986, 100 Stat. 1783–308,
1783–337, and Pub. L. 99–591, § 101(m) [title VIII, § 815],
Oct. 30, 1986, 100 Stat. 3341–308, 3341–337, related to assignment of tasks and deadlines prior to the general
amendment of this chapter by Pub. L. 104–13.
Another prior section 3505, Pub. L. 90–620, Oct. 22,
1968, 82 Stat. 1303, prohibited independent collection by
an agency, prior to the general amendment of this
chapter by Pub. L. 96–511. See section 3509 of this title.
AMENDMENTS
2002—Subsec. (c). Pub. L. 107–347, added subsec. (c) relating to inventory of major information systems.
Pub. L. 107–296 added subsec. (c) relating to inventory
of information systems.
2000—Subsec. (a). Pub. L. 106–398 substituted ‘‘subchapter’’ for ‘‘chapter’’ in introductory provisions and
pars. (2) and (3)(B)(iii).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–347 effective Dec. 17, 2002,
see section 402(b) of Pub. L. 107–347, set out as a note
under section 3504 of this title.
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–398 effective 30 days after
Oct. 30, 2000, see section 1 [[div. A], title X, § 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 provided, see section 4(a) of Pub. L. 104–13, set out as a
note under section 3501 of this title.
§ 3506. Federal agency responsibilities
(a)(1) The head of each agency shall be responsible for—
(A) carrying out the agency’s information
resources management activities to improve
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TITLE 44—PUBLIC PRINTING AND DOCUMENTS
agency productivity, efficiency, and effectiveness; and
(B) complying with the requirements of this
subchapter and related policies established by
the Director.
(2)(A) Except as provided under subparagraph
(B), the head of each agency shall designate a
Chief Information Officer who shall report directly to such agency head to carry out the responsibilities of the agency under this subchapter.
(B) The Secretary of the Department of Defense and the Secretary of each military department may each designate Chief Information Officers who shall report directly to such Secretary to carry out the responsibilities of the
department under this subchapter. If more than
one Chief Information Officer is designated, the
respective duties of the Chief Information Officers shall be clearly delineated.
(3) The Chief Information Officer designated
under paragraph (2) shall head an office responsible for ensuring agency compliance with and
prompt, efficient, and effective implementation
of the information policies and information resources management responsibilities established
under this subchapter, including the reduction
of information collection burdens on the public.
The Chief Information Officer and employees of
such office shall be selected with special attention to the professional qualifications required
to administer the functions described under this
subchapter.
(4) Each agency program official shall be responsible and accountable for information resources assigned to and supporting the programs
under such official. In consultation with the
Chief Information Officer designated under paragraph (2) and the agency Chief Financial Officer
(or comparable official), each agency program
official shall define program information needs
and develop strategies, systems, and capabilities
to meet those needs.
(b) With respect to general information resources management, each agency shall—
(1) manage information resources to—
(A) reduce information collection burdens
on the public;
(B) increase program efficiency and effectiveness; and
(C) improve the integrity, quality, and
utility of information to all users within and
outside the agency, including capabilities
for ensuring dissemination of public information, public access to government information, and protections for privacy and security;
(2) in accordance with guidance by the Director, develop and maintain a strategic information resources management plan that, to
the extent practicable—
(A) describes how information resources
management activities help accomplish
agency missions;
(B) includes an open data plan for data
that does not concern monetary policy
that—
(i) requires the agency to develop processes and procedures that—
(I) require data collection mechanisms
created on or after the date of the enact-
§ 3506
ment of the OPEN Government Data Act
to be available in an open format; and
(II) facilitate collaboration with nonGovernment entities (including businesses), researchers, and the public for
the purpose of understanding how data
users value and use government data;
(ii) identifies and implements methods
for collecting and analyzing digital information on data asset usage by users within
and outside of the agency, including designating a point of contact within the agency to assist the public and to respond to
quality issues, usability issues, recommendations for improvements, and
complaints about adherence to open data
requirements within a reasonable period of
time;
(iii) develops and implements a process
to evaluate and improve the timeliness,
completeness, consistency, accuracy, usefulness, and availability of open Government data assets;
(iv) includes requirements for meeting
the goals of the agency open data plan, including the acquisition of technology, provision of training for employees, and the
implementation of procurement standards,
in accordance with existing law, regulation, and policy, that allow for the acquisition of innovative solutions from public
and private sectors;
(v) identifies as priority data assets any
data asset for which disclosure would be in
the public interest and establishes a plan
to evaluate each priority data asset for
disclosure on the Federal Data Catalogue
under section 3511 and for a determination
under 1 3511(a)(2)(A)(iii)(I)(bb), including an
accounting of which priority data assets
have not yet been evaluated; and
(vi) requires the agency to comply with
requirements under section 3511, including
any standards established by the Director
under such section, when disclosing a data
asset pursuant to such section; and
(C) is updated annually and made publicly
available on the website of the agency not
later than 5 days after each such update;
(3) develop and maintain an ongoing process
to—
(A) ensure that information resources
management operations and decisions are
integrated with organizational planning,
budget, financial management, human resources management, and program decisions;
(B) in cooperation with the agency Chief
Financial Officer (or comparable official),
develop a full and accurate accounting of information technology expenditures, related
expenses, and results; and
(C) establish goals for improving information resources management’s contribution
to program productivity, efficiency, and effectiveness, methods for measuring progress
towards those goals, and clear roles and responsibilities for achieving those goals;
1 So
in original. Probably should be followed by ‘‘section’’.
§ 3506
TITLE 44—PUBLIC PRINTING AND DOCUMENTS
(4) in consultation with the Director, the Administrator of General Services, and the Archivist of the United States, maintain a current and complete inventory of the agency’s
information resources, including directories
necessary to fulfill the requirements of section
3511 of this subchapter;
(5) in consultation with the Director and the
Director of the Office of Personnel Management, conduct formal training programs to
educate agency program and management officials about information resources management; and
(6) in accordance with guidance by the Director—
(A) make each data asset of the agency
available in an open format; and
(B) make each public data asset of the
agency available—
(i) as an open Government data asset;
and
(ii) under an open license.
(c) With respect to the collection of information and the control of paperwork, each agency
shall—
(1) establish a process within the office headed by the Chief Information Officer designated
under subsection (a), that is sufficiently independent of program responsibility to evaluate
fairly whether proposed collections of information should be approved under this subchapter, to—
(A) review each collection of information
before submission to the Director for review
under this subchapter, including—
(i) an evaluation of the need for the collection of information;
(ii) a functional description of the information to be collected;
(iii) a plan for the collection of the information;
(iv) a specific, objectively supported estimate of burden;
(v) a test of the collection of information
through a pilot program, if appropriate;
and
(vi) a plan for the efficient and effective
management and use of the information to
be collected, including necessary resources;
(B) ensure that each information collection—
(i) is inventoried, displays a control
number and, if appropriate, an expiration
date;
(ii) indicates the collection is in accordance with the clearance requirements of
section 3507; and
(iii) informs the person receiving the collection of information of—
(I) the reasons the information is being
collected;
(II) the way such information is to be
used;
(III) an estimate, to the extent practicable, of the burden of the collection;
(IV) whether responses to the collection of information are voluntary, required to obtain a benefit, or mandatory;
and
Page 160
(V) the fact that an agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays a valid control number; and
(C) assess the information collection burden of proposed legislation affecting the
agency;
(2)(A) except as provided under subparagraph
(B) or section 3507(j), provide 60-day notice in
the Federal Register, and otherwise consult
with members of the public and affected agencies concerning each proposed collection of information, to solicit comment to—
(i) evaluate whether the proposed collection of information is necessary for the
proper performance of the functions of the
agency, including whether the information
shall have practical utility;
(ii) evaluate the accuracy of the agency’s
estimate of the burden of the proposed collection of information;
(iii) enhance the quality, utility, and clarity of the information to be collected; and
(iv) minimize the burden of the collection
of information on those who are to respond,
including through the use of automated collection techniques or other forms of information technology; and
(B) for any proposed collection of information contained in a proposed rule (to be reviewed by the Director under section 3507(d)),
provide notice and comment through the notice of proposed rulemaking for the proposed
rule and such notice shall have the same purposes specified under subparagraph (A)(i)
through (iv);
(3) certify (and provide a record supporting
such certification, including public comments
received by the agency) that each collection of
information submitted to the Director for review under section 3507—
(A) is necessary for the proper performance of the functions of the agency, including that the information has practical utility;
(B) is not unnecessarily duplicative of information otherwise reasonably accessible
to the agency;
(C) reduces to the extent practicable and
appropriate the burden on persons who shall
provide information to or for the agency, including with respect to small entities, as defined under section 601(6) of title 5, the use of
such techniques as—
(i) establishing differing compliance or
reporting requirements or timetables that
take into account the resources available
to those who are to respond;
(ii) the clarification, consolidation, or
simplification of compliance and reporting
requirements; or
(iii) an exemption from coverage of the
collection of information, or any part
thereof;
(D) is written using plain, coherent, and
unambiguous terminology and is understandable to those who are to respond;
(E) is to be implemented in ways consistent and compatible, to the maximum ex-
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TITLE 44—PUBLIC PRINTING AND DOCUMENTS
tent practicable, with the existing reporting
and recordkeeping practices of those who are
to respond;
(F) indicates for each recordkeeping requirement the length of time persons are required to maintain the records specified;
(G) contains the statement required under
paragraph (1)(B)(iii);
(H) has been developed by an office that
has planned and allocated resources for the
efficient and effective management and use
of the information to be collected, including
the processing of the information in a manner which shall enhance, where appropriate,
the utility of the information to agencies
and the public;
(I) uses effective and efficient statistical
survey methodology appropriate to the purpose for which the information is to be collected; and
(J) to the maximum extent practicable,
uses information technology to reduce burden and improve data quality, agency efficiency and responsiveness to the public; and
(4) in addition to the requirements of this
chapter regarding the reduction of information collection burdens for small business concerns (as defined in section 3 of the Small
Business Act (15 U.S.C. 632)), make efforts to
further reduce the information collection burden for small business concerns with fewer
than 25 employees.
(d) With respect to information dissemination,
each agency shall—
(1) ensure that the public has timely and equitable access to the agency’s public information, including ensuring such access through—
(A) encouraging a diversity of public and
private sources for information based on
government public information;
(B) in cases in which the agency provides
public information maintained in electronic
format, providing timely and equitable access to the underlying data (in whole or in
part); and
(C) agency dissemination of public information in an efficient, effective, and economical manner;
(2) regularly solicit and consider public
input on the agency’s information dissemination activities;
(3) provide adequate notice when initiating,
substantially modifying, or terminating significant information dissemination products;
(4) not, except where specifically authorized
by statute—
(A) establish an exclusive, restricted, or
other distribution arrangement that interferes with timely and equitable availability
of public information to the public;
(B) restrict or regulate the use, resale, or
redissemination of public information by the
public;
(C) charge fees or royalties for resale or redissemination of public information; or
(D) establish user fees for public information that exceed the cost of dissemination;
(5) ensure that any public data asset of the
agency is machine-readable; and
§ 3506
(6) engage the public in using public data assets of the agency and encourage collaboration
by—
(A) publishing on the website of the agency, on a regular basis (not less than annually), information on the usage of such assets by non-Government users;
(B) providing the public with the opportunity to request specific data assets to be
prioritized for disclosure and to provide suggestions for the development of agency criteria with respect to prioritizing data assets
for disclosure;
(C) assisting the public in expanding the
use of public data assets; and
(D) hosting challenges, competitions,
events, or other initiatives designed to create additional value from public data assets
of the agency.
(e) With respect to statistical policy and coordination, each agency shall—
(1) ensure the relevance, accuracy, timeliness, integrity, and objectivity of information
collected or created for statistical purposes;
(2) inform respondents fully and accurately
about the sponsors, purposes, and uses of statistical surveys and studies;
(3) protect respondents’ privacy and ensure
that disclosure policies fully honor pledges of
confidentiality;
(4) observe Federal standards and practices
for data collection, analysis, documentation,
sharing, and dissemination of information;
(5) ensure the timely publication of the results of statistical surveys and studies, including information about the quality and limitations of the surveys and studies; and
(6) make data available to statistical agencies and readily accessible to the public.
(f) With respect to records management, each
agency shall implement and enforce applicable
policies and procedures, including requirements
for archiving information maintained in electronic format, particularly in the planning, design and operation of information systems.
(g) With respect to privacy and security, each
agency shall—
(1) implement and enforce applicable policies, procedures, standards, and guidelines on
privacy, confidentiality, security, disclosure
and sharing of information collected or maintained by or for the agency; and
(2) assume responsibility and accountability
for compliance with and coordinated management of sections 552 and 552a of title 5, subchapter II of this chapter, and related information management laws.
(h) With respect to Federal information technology, each agency shall—
(1) implement and enforce applicable Governmentwide and agency information technology
management
policies,
principles,
standards, and guidelines;
(2) assume responsibility and accountability
for information technology investments;
(3) promote the use of information technology by the agency to improve the productivity, efficiency, and effectiveness of agency
programs, including the reduction of information collection burdens on the public and improved dissemination of public information;
§ 3506
TITLE 44—PUBLIC PRINTING AND DOCUMENTS
(4) propose changes in legislation, regulations, and agency procedures to improve information
technology
practices,
including
changes that improve the ability of the agency
to use technology to reduce burden; and
(5) assume responsibility for maximizing the
value and assessing and managing the risks of
major information systems initiatives through
a process that is—
(A) integrated with budget, financial, and
program management decisions; and
(B) used to select, control, and evaluate
the results of major information systems
initiatives.
(i)(1) In addition to the requirements described
in subsection (c), each agency shall, with respect
to the collection of information and the control
of paperwork, establish 1 point of contact in the
agency to act as a liaison between the agency
and small business concerns (as defined in section 3 of the Small Business Act (15 U.S.C. 632)).
(2) Each point of contact described under paragraph (1) shall be established not later than 1
year after the date of enactment of the Small
Business Paperwork Relief Act of 2002.
(Added Pub. L. 104–13, § 2, May 22, 1995, 109 Stat.
171; amended Pub. L. 104–106, div. E, title LI,
§ 5125(a), Feb. 10, 1996, 110 Stat. 684; Pub. L.
106–398, § 1 [[div. A], title X, § 1064(b)], Oct. 30,
2000, 114 Stat. 1654, 1654A–275; Pub. L. 107–198,
§ 2(b), (c), June 28, 2002, 116 Stat. 729; Pub. L.
107–217, § 3(l)(6), Aug. 21, 2002, 116 Stat. 1302; Pub.
L. 107–296, title X, § 1005(c)(3), Nov. 25, 2002, 116
Stat. 2273; Pub. L. 107–347, title III, § 305(c)(3),
Dec. 17, 2002, 116 Stat. 2961; Pub. L. 115–435, title
II, § 202(c)(1), Jan. 14, 2019, 132 Stat. 5536.)
Editorial Notes
Page 162
Subsec. (d)(5), (6). Pub. L. 115–435, § 202(c)(1)(B), added
pars. (5) and (6).
2002—Subsec. (c)(4). Pub. L. 107–198, § 2(c), added par.
(4).
Subsec. (g)(1). Pub. L. 107–296, § 1005(c)(3)(A), and Pub.
L. 107–347, § 305(c)(3)(A), amended par. (1) identically, inserting ‘‘and’’ at end.
Subsec. (g)(2). Pub. L. 107–296, § 1005(c)(3)(B), and Pub.
L. 107–347, § 305(c)(3)(B), amended par. (2) identically,
substituting ‘‘subchapter II of this chapter’’ for ‘‘section 11332 of title 40’’ and a period for ‘‘; and’’ at end.
Pub. L. 107–217, § 3(l)(6)(A), substituted ‘‘section 11332
of title 40’’ for ‘‘the Computer Security Act of 1987 (40
U.S.C. 759 note)’’.
Subsec. (g)(3). Pub. L. 107–296, § 1005(c)(3)(C), and Pub.
L. 107–347, § 305(c)(3)(C), amended subsec. (g) identically,
striking out par. (3) which read as follows: ‘‘consistent
with section 11332 of title 40, 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)(6)(B), substituted ‘‘section 11332
of title 40’’ for ‘‘the Computer Security Act of 1987 (40
U.S.C. 759 note)’’.
Subsec. (i). Pub. L. 107–198, § 2(b), added subsec. (i).
2000—Subsecs. (a)(1) to (3), (b)(4), (c)(1). Pub. L. 106–398
substituted ‘‘subchapter’’ for ‘‘chapter’’ wherever appearing.
1996—Subsec. (a)(2)(A). Pub. L. 104–106, § 5125(a)(1)(A),
substituted ‘‘Chief Information Officer’’ for ‘‘senior official’’.
Subsec. (a)(2)(B). Pub. L. 104–106, § 5125(a)(1)(B), substituted ‘‘designate Chief Information Officers’’ for
‘‘designate senior officials’’, ‘‘Chief Information Officer’’ for ‘‘official’’, and ‘‘the Chief Information Officers’’ for ‘‘the officials’’.
Subsec. (a)(3), (4). Pub. L. 104–106, § 5125(a)(1)(C), substituted ‘‘Chief Information Officer’’ for ‘‘senior official’’ wherever appearing.
Subsec. (c)(1). Pub. L. 104–106, § 5125(a)(2), substituted
‘‘Chief Information Officer’’ for ‘‘official’’ in introductory provisions.
REFERENCES IN TEXT
Statutory Notes and Related Subsidiaries
The date of the enactment of the OPEN Government
Data Act, referred to in subsec. (b)(2)(B)(i)(I), is the
date of enactment of title II of Pub. L. 115–435, which
was approved Jan. 14, 2019.
The date of enactment of the Small Business Paperwork Relief Act of 2002, referred to in subsec. (i)(2), is
the date of enactment of Pub. L. 107–198, which was approved June 28, 2002.
Pub. L. 115–435, title II, § 202(c)(3), Jan. 14, 2019, 132
Stat. 5538, provided that: ‘‘The amendments made by
this subsection [amending this section] shall take effect on the date that is 1 year after the date of the enactment of this Act [Jan. 14, 2019].’’
PRIOR PROVISIONS
A prior section 3506, added Pub. L. 96–511, § 2(a), Dec.
11, 1980, 94 Stat. 2819; amended Pub. L. 99–500, § 101(m)
[title VIII, § 816], Oct. 18, 1986, 100 Stat. 1783–308,
1783–338, and Pub. L. 99–591, § 101(m) [title VIII, § 816],
Oct. 30, 1986, 100 Stat. 3341–308, 3341–338, related to Federal agency responsibilities prior to the general amendment of this chapter by Pub. L. 104–13.
Another prior section 3506, Pub. L. 90–620, Oct. 22,
1968, 82 Stat. 1303, provided for determination of necessity for information and hearing thereon, prior to the
general amendment of this chapter by Pub. L. 96–511.
See section 3508 of this title.
AMENDMENTS
2019—Subsec. (b)(2). Pub. L. 115–435, § 202(c)(1)(A)(i),
amended par. (2) generally. Prior to amendment, par.
(2) read as follows: ‘‘in accordance with guidance by the
Director, develop and maintain a strategic information
resources management plan that shall describe how information resources management activities help accomplish agency missions;’’.
Subsec. (b)(6). Pub. L. 115–435, § 202(c)(1)(A)(ii)–(iv),
added par. (6).
EFFECTIVE DATE OF 2019 AMENDMENT
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–347 effective Dec. 17, 2002,
see section 402(b) of Pub. L. 107–347, set out as a note
under section 3504 of this title.
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–398 effective 30 days after
Oct. 30, 2000, see section 1 [[div. A], title X, § 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 provided, see section 4(a) of Pub. L. 104–13, set out as a
note under section 3501 of this title.
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TITLE 44—PUBLIC PRINTING AND DOCUMENTS
USE OF OPEN DATA ASSETS
Pub. L. 115–435, title II, § 202(c)(2), Jan. 14, 2019, 132
Stat. 5538, provided that: ‘‘Not later than 1 year after
the date of the enactment of this Act [Jan. 14, 2019], the
head of each agency (as defined in section 3502 of title
44, United States Code) shall ensure that any activity
by the agency meets the requirements of section 3506 of
title 44, United States Code, as amended by this subsection.’’
Executive Documents
EX. ORD. NO. 13073. YEAR 2000 CONVERSION
Ex. Ord. No. 13073, Feb. 4, 1998, 63 F.R. 6467, as amended by Ex. Ord. No. 13127, June 14, 1999, 64 F.R. 32793, provided:
The American people expect reliable service from
their Government and deserve the confidence that critical government functions dependent on electronic systems will be performed accurately and in a timely manner. Because of a design feature in many electronic systems, a large number of activities in the public and private sectors could be at risk beginning in the year 2000.
Some computer systems and other electronic devices
will misinterpret the year ‘‘00’’ as 1900, rather than
2000. Unless appropriate action is taken, this flaw,
known as the ‘‘Y2K problem,’’ can cause systems that
support those functions to compute erroneously or simply not run. Minimizing the Y2K problem will require
a major technological and managerial effort, and it is
critical that the United States Government do its part
in addressing this challenge.
Accordingly, 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. Policy. (a) It shall be the policy of the executive branch that agencies shall:
(1) assure that no critical Federal program experiences disruption because of the Y2K problem;
(2) assist and cooperate with State, local, and tribal
governments to address the Y2K problem where those
governments depend on Federal information or information technology or the Federal Government is dependent on those governments to perform critical missions;
(3) cooperate with the private sector operators of
critical national and local systems, including the banking and financial system, the telecommunications system, the public health system, the transportation system, and the electric power generation system, in addressing the Y2K problem; and
(4) communicate with their foreign counterparts to
raise awareness of and generate cooperative international arrangements to address the Y2K problem.
(b) As used in this order, ‘‘agency’’ and ‘‘agencies’’
refer to Federal agencies that are not in the judicial or
legislative branches.
SEC. 2. Year 2000 Conversion Council. There is hereby
established the President’s Council on Year 2000 Conversion (the ‘‘Council’’).
(a) The Council shall be led by a Chair who shall be
an Assistant to the President, and it shall be composed
of one representative from each of the executive departments and from such other Federal agencies as
may be determined by the Chair of the Council (the
‘‘Chair’’).
(b) The Chair shall appoint a Vice Chair and assign
other responsibilities for operations of the council as
he or she deems necessary.
(c) The Chair shall oversee the activities of agencies
to assure that their systems operate smoothly through
the year 2000, act as chief spokesperson on this issue for
the executive branch in national and international
fora, provide policy coordination of executive branch
activities with State, local, and tribal governments on
the Y2K problem, and promote appropriate Federal
roles with respect to private sector activities in this
area.
(d) The Chair and the Director of the Office of Management and Budget shall report jointly at least quar-
§ 3507
terly to me on the progress of agencies in addressing
the Y2K problem.
(e) The Chair shall identify such resources from agencies as the Chair deems necessary for the implementation of the policies set out in this order, consistent
with applicable law.
SEC. 3. Responsibilities of Agency Heads. (a) The head of
each agency shall:
(1) assure that efforts to address the Y2K problem receive the highest priority attention in the agency and
that the policies established in this order are carried
out; and
(2) cooperate to the fullest extent with the Chair by
making available such information, support, and assistance, including personnel, as the Chair may request
to support the accomplishment of the tasks assigned
herein, consistent with applicable law.
(b) The heads of executive departments and the agencies designated by the Chair under section 2(a) of this
order shall identify a responsible official to represent
the head of the executive department or agency on the
Council with sufficient authority and experience to
commit agency resources to address the Y2K problem.
SEC. 4. Responsibilities of Interagency and Executive Office Councils. Interagency councils and councils within
the Executive Office of the President, including the
President’s Management Council, the Chief Information Officers Council, the Chief Financial Officers
Council, the President’s Council on Integrity and Efficiency, the Executive Council on Integrity and Efficiency, the National Science and Technology Council,
the National Performance Review, the National Economic Council, the Domestic Policy Council, and the
National Security Council shall provide assistance and
support to the Chair upon the Chair’s request.
SEC. 5. Information Coordination Center. (a) To assist
the Chair in the Y2K response duties included under
section 2(c) of this order, there shall be established the
Information Coordination Center (ICC) in the General
Services Administration.
(b) At the direction of the Chair, the ICC will assist
in making preparations for information sharing and coordination within the Federal Government and key
components of the public and private sectors, coordinating agency assessments of Y2K emergencies that
could have an adverse affect on U.S. interests at home
and abroad, and, if necessary, assisting Federal agencies and the Chair in reconstitution processes where appropriate.
(c) The ICC will:
(1) consist of officials from executive agencies, designated by agency heads under subsection 3(a)(2) of this
order, who have expertise in important management
and technical areas, computer hardware, software or
security systems, reconstitution and recovery, and of
additional personnel hired directly or by contract, as
required, to carry out the duties described under section 5 of this order;
(2) work with the Council and the Office of Management and Budget to assure that Federal efforts to restore critical systems are coordinated with efforts
managed by Federal agencies acting under existing
emergency response authorities.
(d) The Chair of the President’s Council on Year 2000
Conversion shall designate a Director of the ICC.
SEC. 6. Judicial Review. This Executive order is intended only to improve the internal management of the
executive branch and does not create any right or benefit, substantive or procedural, enforceable at law or
equity by a party against the United States, its agencies, or instrumentalities, its officers or employees, or
any other person.
WILLIAM J. CLINTON.
§ 3507. Public information collection activities;
submission to Director; approval and delegation
(a) An agency shall not conduct or sponsor the
collection of information unless in advance of
| File Type | application/pdf |
| File Modified | 2024-09-26 |
| File Created | 2024-09-26 |