Date of Download: Sep 14, 2001

USCA (United States Code Annotated)

44 USCA S 3504

Copr. © West 2001 No Claim to Orig. U.S. Govt. Works

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 44 U.S.C.A. § 3504 UNITED STATES CODE ANNOTATED

TITLE 44. PUBLIC PRINTING AND DOCUMENTS

CHAPTER 35--COORDINATION OF FEDERAL INFORMATION POLICY

SUBCHAPTER I--FEDERAL INFORMATION POLICY

Copr. © West Group 2001.  No claim to Orig. U.S. Govt. Works.

Current through P.L. 107-11, approved 5-28-01

§ 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 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;  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 subchapter, 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 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 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), and related information management laws;  and

  (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), 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.

CREDIT(S)

2001 Electronic Update

(Added Pub.L. 104-13, § 2, May 22, 1995, 109 Stat. 167, and 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. 104-208, Div. A, Title I, § 101(f) [Title VIII, § 808(c)], Sept. 30, 1996, 110 Stat. 3009-394;  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. 2681-750;  Pub.L. 106-398, § 1 [Div. A, Title X, § 1064(b)], Oct. 30, 2000, 114 Stat. 1654, 1654-___.)