1
 See References in Text note below.
 ; and
Editorial Notes
References in Text

Section 11332 of title 40, referred to in par. (8)(B), was repealed by Pub. L. 107–296, title X, § 1005(a)(1), Nov. 25, 2002, 116 Stat. 2272, and Pub. L. 107–347, title III, § 305(a), Dec. 17, 2002, 116 Stat. 2960.

Prior Provisions

A prior section 3501, added Pub. L. 96–511, § 2(a), Dec. 11, 1980, 94 Stat. 2812; amended Pub. L. 99–500, § 101(m) [title VIII, § 811], Oct. 18, 1986, 100 Stat. 1783–308, 1783–335, and Pub. L. 99–591, § 101(m) [title VIII, § 811], Oct. 30, 1986, 100 Stat. 3341–308, 3341–335, related to purposes of this chapter prior to the general amendment of this chapter by Pub. L. 104–13.

Another prior section 3501, Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1302, related to information for Federal agencies, prior to the general amendment of this chapter by Pub. L. 96–511.

Amendments

2002—Par. (8)(B). Pub. L. 107–217 substituted “section 11332 of title 40” for “the Computer Security Act of 1987 (Public Law 100–235)”.

2000—Pub. L. 106–398 substituted “subchapter” for “chapter” in introductory provisions and in par. (11).

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

Pub. L. 104–13, § 4, May 22, 1995, 109 Stat. 185, provided that:

“(a)
In General.—
Except as otherwise provided in this section, this Act [enacting this chapter, amending section 91 of Title 13, Census, and enacting provisions set out as a note under section 101 of this title] and the amendments made by this Act shall take effect on October 1, 1995.
“(b)
Authorization of Appropriations.—
Section 3520 [now 3521] of title 44, United States Code, as amended by this Act, shall take effect on the date of enactment of this Act [May 22, 1995].
“(c)
Delayed Application.—
In the case of a collection of information for which there is in effect on September 30, 1995, a control number issued by the Office of Management and Budget under chapter 35 of title 44, United States Code—
“(1)
the amendments made by this Act [enacting this chapter and amending section 91 of Title 13] shall apply to the collection of information beginning on the earlier of—
“(A)
the first renewal or modification of that collection of information after September 30, 1995; or
“(B)
the expiration of its control number after September 30, 1995.
“(2)
prior to such renewal, modification, or expiration, the collection of information shall be subject to chapter 35 of title 44, United States Code, as in effect on September 30, 1995.”

Short Title

This chapter is popularly known as the “Paperwork Reduction Act”.

Implementation of Technology for Classification and Declassification

Pub. L. 118–31, div. G, title VI, § 7605, Dec. 22, 2023, 137 Stat. 1098, provided that:

“(a)
In General.—
Not later than 1 year after the date of the enactment of this Act [Dec. 22, 2023], the Administrator of the Office of Electronic Government (in this section referred to as the ‘Administrator’) shall, in consultation with the Secretary of Defense, the Director of the Central Intelligence Agency, the Director of National Intelligence, the Public Interest Declassification Board, the Director of the Information Security Oversight Office, and the head of the National Declassification Center of the National Archives and Records Administration—
“(1)
research a technology-based solutions [sic]—
“(A)
to support efficient and effective systems for classification and declassification; and
“(B)
to be implemented on an interoperable and federated basis across the Federal Government; and
“(2)
submit to the President and Congress, including the congressional intelligence committees [Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives], the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the Committee on the Judiciary of the Senate, and the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives, recommendations regarding a technology-based solutions [sic] described in paragraph (1).
“(b)
Report.—
Not later than 540 days after the date of the enactment of this Act, the President shall submit to Congress a classified report describing actions taken to implement the recommendations under subsection (a)(2).”

21st Century Integrated Digital Experience

Pub. L. 115–336, Dec. 20, 2018, 132 Stat. 5025, provided that:

“SECTION 1.
SHORT TITLE.

“This Act may be cited as the ‘21st Century Integrated Digital Experience Act’ or the ‘21st Century IDEA’.

“SEC. 2.
DEFINITIONS.
“In this Act:
“(1)
Director.—
The term ‘Director’ means the Director of the Office of Management and Budget.
“(2)
Executive agency.—
The term ‘executive agency’ has the meaning given the term ‘Executive agency’ in section 105 of title 5, United States Code.
“SEC. 3.
WEBSITE MODERNIZATION.
“(a)
Requirements for New Websites and Digital Services.—
Not later than 180 days after the date of enactment of this Act [Dec. 20, 2018], an executive agency that creates a website or digital service that is intended for use by the public, or conducts a redesign of an existing legacy website or digital service that is intended for use by the public, shall ensure to the greatest extent practicable that any new or redesigned website, web-based form, web-based application, or digital service—
“(1)
is accessible to individuals with disabilities in accordance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d);
“(2)
has a consistent appearance;
“(3)
does not overlap with or duplicate any legacy websites and, if applicable, ensure that legacy websites are regularly reviewed, eliminated, and consolidated;
“(4)
contains a search function that allows users to easily search content intended for public use;
“(5)
is provided through an industry standard secure connection;
“(6)
is designed around user needs with data-driven analysis influencing management and development decisions, using qualitative and quantitative data to determine user goals, needs, and behaviors, and continually test the website, web-based form, web-based application, or digital service to ensure that user needs are addressed;
“(7)
provides users of the new or redesigned website, web-based form, web-based application, or digital service with the option for a more customized digital experience that allows users to complete digital transactions in an efficient and accurate manner; and
“(8)
is fully functional and usable on common mobile devices.
“(b)
Requirements for Existing Executive Agency Websites and Digital Services.—
Not later than 1 year after the date of enactment of this Act, the head of each executive agency that maintains a website or digital service that is made available to the public shall—
“(1)
review each website or digital service; and
“(2)
submit to Congress a report that includes—
“(A)
a list of the websites and digital services maintained by the executive agency that are most viewed or utilized by the public or are otherwise important for public engagement;
“(B)
from among the websites and digital services listed under subparagraph (A), a prioritization of websites and digital services that require modernization to meet the requirements under subsection (a); and
“(C)
an estimation of the cost and schedule of modernizing the websites and digital services prioritized under subparagraph (B).
“(c)
Internal Digital Services.—
The head of each executive agency shall ensure, to the greatest extent practicable, that any Intranet established after the date of enactment of this Act conforms to the requirements described in subsection (a).
“(d)
Public Reporting.—
Not later than 1 year after the date of enactment of this Act and every year thereafter for 4 years, the head of each executive agency shall—
“(1)
report annually to the Director on the progress of the executive agency in implementing the requirements described in this section for the previous year; and
“(2)
include the information described in paragraph (1) in a publicly available report that is required under another provision of law.
“(e)
Compliance With United States Website Standards.—
Any website of an executive agency that is made available to the public after the date of enactment of this Act shall be in compliance with the website standards of the Technology Transformation Services of the General Services Administration.
“SEC. 4.
DIGITIZATION OF GOVERNMENT SERVICES AND FORMS.
“(a)
Non-Digital Services.—
Not later than 180 days after the date of enactment of this Act [Dec. 20, 2018], the Director shall issue guidance to the head of each executive agency that establishes a process for the executive agency to—
“(1)
identify public non-digital, paper-based, or in-person Government services; and
“(2)
include in the budget request of the executive agency—
“(A)
a list of non-digital services with the greatest impact that could be made available to the public through an online, mobile-friendly, digital service option in a manner that decreases cost, increases digital conversion rates, and improves customer experience; and
“(B)
an estimation of the cost and schedule associated with carrying out the modernization described in subparagraph (A).
“(b)
Services Required To Be Digital.—
The head of each executive agency shall regularly review public-facing applications and services to ensure that those applications and services are, to the greatest extent practicable, made available to the public in a digital format.
“(c)
Forms Required To Be Digital.—
Not later than 2 years after the enactment of this Act, the head of each executive agency shall ensure that any paper based form that is related to serving the public is made available in a digital format that meets the requirements described in section 3(a).
“(d)
Non-Digitizable Processes.—
If the head of an executive agency cannot make available in a digital format under this section an in-person Government service, form, or paper-based process, the head of the executive agency shall document—
“(1)
the title of the in-person Government service, form, or paper-based process;
“(2)
a description of the in-person Government service, form, or paper-based process;
“(3)
each unit responsible for the in-person Government service, form, or paper-based process and the location of each unit in the organizational hierarchy of the executive agency;
“(4)
any reasons why the in-person Government service, form, or paper-based process cannot be made available under this section; and
“(5)
any potential solutions that could allow the in-person Government service, form, or paper-based process to be made available under this section, including the implementation of existing technologies, procedural changes, regulatory changes, and legislative changes.
“(e)
Physical Availability.—
Each executive agency shall maintain an accessible method of completing digital services through in-person, paper-based, or other means, such that individuals without the ability to use digital services are not deprived of or impeded in access to those digital services.
“SEC. 5.
ELECTRONIC SIGNATURES.

“Not later than 180 days after the date of the enactment of this Act, the head of each executive agency shall submit to the Director and the appropriate congressional committees a plan to accelerate the use of electronic signatures standards established under the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001 et seq.).

“SEC. 6.
CUSTOMER EXPERIENCE AND DIGITAL SERVICE DELIVERY.
“The Chief Information Officer of each executive agency, or a designee, shall—
“(1)
coordinate and ensure alignment of the internal and external customer experience programs and strategy of the executive agency;
“(2)
coordinate with the management leaders of the executive agency, including the head of the executive agency, the Chief Financial Officer, and any program manager, to ensure proper funding to support the implementation of this Act;
“(3)
continually examine the digital service delivery strategy of the executive agency to the public and submit recommendations to the head of the executive agency providing guidance and best practices suitable to the mission of the executive agency;
“(4)
using qualitative and quantitative data obtained from across the executive agency relating to the experience and satisfaction of customers, identify areas of concern that need improvement and improve the delivery of customer service;
“(5)
coordinate and ensure, with the approval of the head of the executive agency, compliance by the executive agency with section 3559 of title 44, United States Code; and
“(6)
to the extent practicable, coordinate with other agencies and seek to maintain as much standardization and commonality with other agencies as practicable in implementing the requirements of this Act, to best enable future transitions to centralized shared services.
“SEC. 7.
STANDARDIZATION.
“(a)
Design and Implementation.—
Each executive agency shall, to the extent practicable, seek to maintain as much standardization and commonality with other executive agencies as practicable in implementing the requirements of this Act to best enable future transitions to centralized shared services.
“(b)
Coordination.—
The Chief Information Officer of each executive agency, or a designee, shall coordinate the implementation of the requirements of this Act, including the development of standards and commonalities.
“(c)
Federal Supply Schedule.—
“(1)
In general.—
The General Services Administration shall make available under a Federal Supply Schedule the systems and services necessary to fulfill the requirements of this Act.
“(2)
Requirements.—
The Federal Supply Schedule described in paragraph (1) shall, to the extent practicable, ensure interoperability between executive agencies, compliance with industry standards, and adherence to best practices for design, accessibility, and information security.”

Federal Management and Promotion of Electronic Government Services

Pub. L. 107–347, title II, Dec. 17, 2002, 116 Stat. 2910, as amended by Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–281, § 1, Aug. 2, 2004, 118 Stat. 889, provided that:

“SEC. 201.
DEFINITIONS.

“Except as otherwise provided, in this title the definitions under sections 3502 and 3601 of title 44, United States Code, shall apply.

“SEC. 202.
FEDERAL AGENCY RESPONSIBILITIES.
“(a)
In General.—
The head of each agency shall be responsible for—
“(1)
complying with the requirements of this Act [see Tables for classification] (including the amendments made by this Act), the related information resource management policies and guidance established by the Director of the Office of Management and Budget, and the related information technology standards promulgated by the Secretary of Commerce;
“(2)
ensuring that the information resource management policies and guidance established under this Act by the Director, and the related information technology standards promulgated by the Secretary of Commerce are communicated promptly and effectively to all relevant officials within their agency; and
“(3)
supporting the efforts of the Director and the Administrator of the General Services Administration to develop, maintain, and promote an integrated Internet-based system of delivering Federal Government information and services to the public under section 204.
“(b)
Performance Integration.—
“(1)
Agencies shall develop performance measures that demonstrate how electronic government enables progress toward agency objectives, strategic goals, and statutory mandates.
“(2)
In measuring performance under this section, agencies shall rely on existing data collections to the extent practicable.
“(3)
Areas of performance measurement that agencies should consider include—
“(A)
customer service;
“(B)
agency productivity; and
“(C)
adoption of innovative information technology, including the appropriate use of commercial best practices.
“(4)
Agencies shall link their performance goals, as appropriate, to key groups, including citizens, businesses, and other governments, and to internal Federal Government operations.
“(5)
As appropriate, agencies shall work collectively in linking their performance goals to groups identified under paragraph (4) and shall use information technology in delivering Government information and services to those groups.
“(c)
Avoiding Diminished Access.—
When promulgating policies and implementing programs regarding the provision of Government information and services over the Internet, agency heads shall consider the impact on persons without access to the Internet, and shall, to the extent practicable—
“(1)
ensure that the availability of Government information and services has not been diminished for individuals who lack access to the Internet; and
“(2)
pursue alternate modes of delivery that make Government information and services more accessible to individuals who do not own computers or lack access to the Internet.
“(d)
Accessibility to People With Disabilities.—
All actions taken by Federal departments and agencies under this Act [see Tables for classification] shall be in compliance with section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d).
“(e)
Sponsored Activities.—
Agencies shall sponsor activities that use information technology to engage the public in the development and implementation of policies and programs.
“(f)
Chief Information Officers.—
The Chief Information Officer of each of the agencies designated under chapter 36 of title 44, United States Code (as added by this Act) shall be responsible for—
“(1)
participating in the functions of the Chief Information Officers Council; and
“(2)
monitoring the implementation, within their respective agencies, of information technology standards promulgated by the Secretary of Commerce, including common standards for interconnectivity and interoperability, categorization of Federal Government electronic information, and computer system efficiency and security.
“(g)
E-Government Status Report.—
“(1)
In general.—
Each agency shall compile and submit to the Director an annual E-Government Status Report on—
“(A)
the status of the implementation by the agency of electronic government initiatives;
“(B)
compliance by the agency with this Act [see Tables for classification]; and
“(C)
how electronic Government initiatives of the agency improve performance in delivering programs to constituencies.
“(2)
Submission.—
Each agency shall submit an annual report under this subsection—
“(A)
to the Director at such time and in such manner as the Director requires;
“(B)
consistent with related reporting requirements; and
“(C)
which addresses any section in this title relevant to that agency.
“(h)
Use of Technology.—
Nothing in this Act [see Tables for classification] supersedes the responsibility of an agency to use or manage information technology to deliver Government information and services that fulfill the statutory mission and programs of the agency.
“(i)
National Security Systems.—
“(1)
Inapplicability.—
Except as provided under paragraph (2), this title does not apply to national security systems as defined in section 11103 of title 40, United States Code.
“(2)
Applicability.—
This section, section 203, and section 214 do apply to national security systems to the extent practicable and consistent with law.
“SEC. 203.
COMPATIBILITY OF EXECUTIVE AGENCY METHODS FOR USE AND ACCEPTANCE OF ELECTRONIC SIGNATURES.
“(a)
Purpose.—
The purpose of this section is to achieve interoperable implementation of electronic signatures for appropriately secure electronic transactions with Government.
“(b)
Electronic Signatures.—
In order to fulfill the objectives of the Government Paperwork Elimination Act (Public Law 105–277; 112 Stat. 2681–749 through 2681–751) [44 U.S.C. 3504 note], each Executive agency (as defined under section 105 of title 5, United States Code) shall ensure that its methods for use and acceptance of electronic signatures are compatible with the relevant policies and procedures issued by the Director.
“(c)
Authority for Electronic Signatures.—
The Administrator of General Services shall support the Director by establishing a framework to allow efficient interoperability among Executive agencies when using electronic signatures, including processing of digital signatures.
“(d)
Authorization of Appropriations.—
There are authorized to be appropriated to the General Services Administration, to ensure the development and operation of a Federal bridge certification authority for digital signature compatibility, and for other activities consistent with this section, $8,000,000 or such sums as are necessary in fiscal year 2003, and such sums as are necessary for each fiscal year thereafter.
“SEC. 204.
FEDERAL INTERNET PORTAL.
“(a)
In General.—
“(1)
Public access.—
The Director shall work with the Administrator of the General Services Administration and other agencies to maintain and promote an integrated Internet-based system of providing the public with access to Government information and services.
“(2)
Criteria.—
To the extent practicable, the integrated system shall be designed and operated according to the following criteria:
“(A)
The provision of Internet-based Government information and services directed to key groups, including citizens, business, and other governments, and integrated according to function or topic rather than separated according to the boundaries of agency jurisdiction.
“(B)
An ongoing effort to ensure that Internet-based Government services relevant to a given citizen activity are available from a single point.
“(C)
Access to Federal Government information and services consolidated, as appropriate, with Internet-based information and services provided by State, local, and tribal governments.
“(D)
Access to Federal Government information held by 1 or more agencies shall be made available in a manner that protects privacy, consistent with law.
“(b)
Authorization of Appropriations.—
There are authorized to be appropriated to the General Services Administration $15,000,000 for the maintenance, improvement, and promotion of the integrated Internet-based system for fiscal year 2003, and such sums as are necessary for fiscal years 2004 through 2007.
“SEC. 205.
FEDERAL COURTS.
“(a)
Individual Court Websites.—
The Chief Justice of the United States, the chief judge of each circuit and district and of the Court of Federal Claims, and the chief bankruptcy judge of each district shall cause to be established and maintained, for the court of which the judge is chief justice or judge, a website that contains the following information or links to websites with the following information:
“(1)
Location and contact information for the courthouse, including the telephone numbers and contact names for the clerk’s office and justices’ or judges’ chambers.
“(2)
Local rules and standing or general orders of the court.
“(3)
Individual rules, if in existence, of each justice or judge in that court.
“(4)
Access to docket information for each case.
“(5)
Access to the substance of all written opinions issued by the court, regardless of whether such opinions are to be published in the official court reporter, in a text searchable format.
“(6)
Access to documents filed with the courthouse in electronic form, to the extent provided under subsection (c).
“(7)
Any other information (including forms in a format that can be downloaded) that the court determines useful to the public.
“(b)
Maintenance of Data Online.—
“(1)
Update of information.—
The information and rules on each website shall be updated regularly and kept reasonably current.
“(2)
Closed cases.—
Electronic files and docket information for cases closed for more than 1 year are not required to be made available online, except all written opinions with a date of issuance after the effective date of this section [see Effective Date note set out under section 3601 of this title] shall remain available online.
“(c)
Electronic Filings.—
“(1)
In general.—
Except as provided under paragraph (2) or in the rules prescribed under paragraph (3), each court shall make any document that is filed electronically publicly available online. A court may convert any document that is filed in paper form to electronic form. To the extent such conversions are made, all such electronic versions of the document shall be made available online.
“(2)
Exceptions.—
Documents that are filed that are not otherwise available to the public, such as documents filed under seal, shall not be made available online.
“(3)
Privacy and security concerns.—
“(A)
(i)
The Supreme Court shall prescribe rules, in accordance with sections 2072 and 2075 of title 28, United States Code, to protect privacy and security concerns relating to electronic filing of documents and the public availability under this subsection of documents filed electronically or converted to electronic form.
“(ii)
Such rules shall provide to the extent practicable for uniform treatment of privacy and security issues throughout the Federal courts.
“(iii)
Such rules shall take into consideration best practices in Federal and State courts to protect private information or otherwise maintain necessary information security.
“(iv)
Except as provided in clause (v), to the extent that such rules provide for the redaction of certain categories of information in order to protect privacy and security concerns, such rules shall provide that a party that wishes to file an otherwise proper document containing such protected information may file an unredacted document under seal, which shall be retained by the court as part of the record, and which, at the discretion of the court and subject to any applicable rules issued in accordance with chapter 131 of title 28, United States Code, shall be either in lieu of, or in addition to, a redacted copy in the public file.
“(v)
Such rules may require the use of appropriate redacted identifiers in lieu of protected information described in clause (iv) in any pleading, motion, or other paper filed with the court (except with respect to a paper that is an exhibit or other evidentiary matter, or with respect to a reference list described in this subclause), or in any written discovery response—
“(I)
by authorizing the filing under seal, and permitting the amendment as of right under seal, of a reference list that—
     “(aa)
identifies each item of unredacted protected information that the attorney or, if there is no attorney, the party, certifies is relevant to the case; and
     “(bb)
specifies an appropriate redacted identifier that uniquely corresponds to each item of unredacted protected information listed; and
“(II)
by providing that all references in the case to the redacted identifiers in such reference list shall be construed, without more, to refer to the corresponding unredacted item of protected information.
“(B)
(i)
Subject to clause (ii), the Judicial Conference of the United States may issue interim rules, and interpretive statements relating to the application of such rules, which conform to the requirements of this paragraph and which shall cease to have effect upon the effective date of the rules required under subparagraph (A).
“(ii)
Pending issuance of the rules required under subparagraph (A), any rule or order of any court, or of the Judicial Conference, providing for the redaction of certain categories of information in order to protect privacy and security concerns arising from electronic filing or electronic conversion shall comply with, and be construed in conformity with, subparagraph (A)(iv).
“(C)
Not later than 1 year after the rules prescribed under subparagraph (A) take effect, and every 2 years thereafter, the Judicial Conference shall submit to Congress a report on the adequacy of those rules to protect privacy and security.
“(d)
Dockets With Links to Documents.—
The Judicial Conference of the United States shall explore the feasibility of technology to post online dockets with links allowing all filings, decisions, and rulings in each case to be obtained from the docket sheet of that case.
“(e)
Cost of Providing Electronic Docketing Information.—

[Amended section 303(a) of Pub. L. 102–140, set out as a note under section 1913 of Title 28, Judiciary and Judicial Procedure.]

“(f)
Time Requirements.—

Information Security Responsibilities of Certain Agencies

Pub. L. 107–347, title III, § 301(c)(1)(A), Dec. 17, 2002, 116 Stat. 2955, provided that: “Nothing in this Act [see Tables for classification] (including any amendment made by this Act) shall supersede any authority of the Secretary of Defense, the Director of Central Intelligence, or other agency head, as authorized by law and as directed by the President, with regard to the operation, control, or management of national security systems, as defined by [former] section 3542(b)(2) of title 44, United States Code [see now 44 U.S.C. 3552(b)(6)].”

[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director’s capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.]

Atomic Energy Act of 1954

Pub. L. 107–347, title III, § 301(c)(2), Dec. 17, 2002, 116 Stat. 2955, provided that: “Nothing in this Act [see Tables for classification] shall supersede any requirement made by or under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.). Restricted data or formerly restricted data shall be handled, protected, classified, downgraded, and declassified in conformity with the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).”

Confidential Information Protection and Statistical Efficiency

Pub. L. 107–347, title V, Dec. 17, 2002, 116 Stat. 2962, which related to confidential information protection and statistical efficiency, was repealed by Pub. L. 115–435, title III, § 302(c)(1), title IV, § 403, Jan. 14, 2019, 132 Stat. 5552, 5557, effective 180 days after Jan. 14, 2019, and restated as parts A to C of subchapter III of this chapter. See Transitional and Savings Provisions note set out under section 3561 of this title.

Waiver of Paperwork Reduction

Pub. L. 101–508, title IV, § 4711(f), Nov. 5, 1990, 104 Stat. 1388–187, provided that: “Chapter 35 of title 44, United States Code, and Executive Order 12291 [formerly set out as a note under section 601 of Title 5, Government Organization and Employees] shall not apply to information and regulations required for purposes of carrying out this Act [see Tables for classification] and implementing the amendments made by this Act.”

Executive Documents
Ex. Ord. No. 13556. Controlled Unclassified Information

Ex. Ord. No. 13556, Nov. 4, 2010, 75 F.R. 68675, provided:

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. Purpose. This order establishes an open and uniform program for managing information that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Government-wide policies, excluding information that is classified under Executive Order 13526 of December 29, 2009, or the Atomic Energy Act, as amended.

At present, executive departments and agencies (agencies) employ ad hoc, agency-specific policies, procedures, and markings to safeguard and control this information, such as information that involves privacy, security, proprietary business interests, and law enforcement investigations. This inefficient, confusing patchwork has resulted in inconsistent marking and safeguarding of documents, led to unclear or unnecessarily restrictive dissemination policies, and created impediments to authorized information sharing. The fact that these agency-specific policies are often hidden from public view has only aggravated these issues.

To address these problems, this order establishes a program for managing this information, hereinafter described as Controlled Unclassified Information, that emphasizes the openness and uniformity of Government-wide practice.

Sec. 2. Controlled Unclassified Information (CUI).

(a) The CUI categories and subcategories shall serve as exclusive designations for identifying unclassified information throughout the executive branch that requires safeguarding or dissemination controls, pursuant to and consistent with applicable law, regulations, and Government-wide policies.

(b) The mere fact that information is designated as CUI shall not have a bearing on determinations pursuant to any law requiring the disclosure of information or permitting disclosure as a matter of discretion, including disclosures to the legislative or judicial branches.

(c) The National Archives and Records Administration shall serve as the Executive Agent to implement this order and oversee agency actions to ensure compliance with this order.

Sec. 3. Review of Current Designations.

(a) Each agency head shall, within 180 days of the date of this order:

(1) review all categories, subcategories, and markings used by the agency to designate unclassified information for safeguarding or dissemination controls; and

(2) submit to the Executive Agent a catalogue of proposed categories and subcategories of CUI, and proposed associated markings for information designated as CUI under section 2(a) of this order. This submission shall provide definitions for each proposed category and subcategory and identify the basis in law, regulation, or Government-wide policy for safeguarding or dissemination controls.

(b) If there is significant doubt about whether information should be designated as CUI, it shall not be so designated.

Sec. 4. Development of CUI Categories and Policies.

(a) On the basis of the submissions under section 3 of this order or future proposals, and in consultation with affected agencies, the Executive Agent shall, in a timely manner, approve categories and subcategories of CUI and associated markings to be applied uniformly throughout the executive branch and to become effective upon publication in the registry established under subsection (d) of this section. No unclassified information meeting the requirements of section 2(a) of this order shall be disapproved for inclusion as CUI, but the Executive Agent may resolve conflicts among categories and subcategories of CUI to achieve uniformity and may determine the markings to be used.

(b) The Executive Agent, in consultation with affected agencies, shall develop and issue such directives as are necessary to implement this order. Such directives shall be made available to the public and shall provide policies and procedures concerning marking, safeguarding, dissemination, and decontrol of CUI that, to the extent practicable and permitted by law, regulation, and Government-wide policies, shall remain consistent across categories and subcategories of CUI and throughout the executive branch. In developing such directives, appropriate consideration should be given to the report of the interagency Task Force on Controlled Unclassified Information published in August 2009. The Executive Agent shall issue initial directives for the implementation of this order within 180 days of the date of this order.

(c) The Executive Agent shall convene and chair interagency meetings to discuss matters pertaining to the program established by this order.

(d) Within 1 year of the date of this order, the Executive Agent shall establish and maintain a public CUI registry reflecting authorized CUI categories and subcategories, associated markings, and applicable safeguarding, dissemination, and decontrol procedures.

(e) If the Executive Agent and an agency cannot reach agreement on an issue related to the implementation of this order, that issue may be appealed to the President through the Director of the Office of Management and Budget.

(f) In performing its functions under this order, the Executive Agent, in accordance with applicable law, shall consult with representatives of the public and State, local, tribal, and private sector partners on matters related to approving categories and subcategories of CUI and developing implementing directives issued by the Executive Agent pursuant to this order.

Sec. 5. Implementation.

(a) Within 180 days of the issuance of initial policies and procedures by the Executive Agent in accordance with section 4(b) of this order, each agency that originates or handles CUI shall provide the Executive Agent with a proposed plan for compliance with the requirements of this order, including the establishment of interim target dates.

(b) After a review of agency plans, and in consultation with affected agencies and the Office of Management and Budget, the Executive Agent shall establish deadlines for phased implementation by agencies.

(c) In each of the first 5 years following the date of this order and biennially thereafter, the Executive Agent shall publish a report on the status of agency implementation of this order.

Sec. 6. General Provisions.

(a) This order shall be implemented in a manner consistent with:

(1) applicable law, including protections of confidentiality and privacy rights;

(2) the statutory authority of the heads of agencies, including authorities related to the protection of information provided by the private sector to the Federal Government; and

(3) applicable Government-wide standards and guidelines issued by the National Institute of Standards and Technology, and applicable policies established by the Office of Management and Budget.

(b) The Director of National Intelligence (Director), with respect to the Intelligence Community and after consultation with the heads of affected agencies, may issue such policy directives and guidelines as the Director deems necessary to implement this order with respect to intelligence and intelligence-related information. Procedures or other guidance issued by Intelligence Community element heads shall be in accordance with such policy directives or guidelines issued by the Director. Any such policy directives or guidelines issued by the Director shall be in accordance with this order and directives issued by the Executive Agent.

(c) This order shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, and legislative proposals.

(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(e) This order shall be implemented subject to the availability of appropriations.

(f) The Attorney General, upon request by the head of an agency or the Executive Agent, shall render an interpretation of this order with respect to any question arising in the course of its administration.

(g) The Presidential Memorandum of May 7, 2008, entitled “Designation and Sharing of Controlled Unclassified Information (CUI)” is hereby rescinded.

Barack Obama.
Making It Easier for America’s Small Businesses and America’s Exporters to Access Government Services to Help Them Grow and Hire

Memorandum of President of the United States, Oct. 28, 2011, 76 F.R. 68049, provided:

Memorandum for the Heads of Executive Departments and Agencies

As I outlined in my State of the Union address to the Congress on January 25, 2011, winning the future in the global economy will require a Government that wisely allocates its scarce resources to maximize efficiency and effectiveness so that it can best support American competitiveness, innovation, and job growth. If we are to thrive in the global economy, and make America the best place on Earth to do business, we need to equip our Government with the tools necessary to support innovation and job growth in the 21st century.

Accordingly, we must make it easier for businesses to access the full range of Government programs and services without having to waste effort navigating their way through the Federal bureaucracy. At the same time, we must further streamline and coordinate Federal programs to reduce costs and provide customer-oriented service.

Businesses looking for assistance from the Federal Government should feel like they are interacting with one entity, rather than a number of separate, albeit linked, components. This means adopting a “No Wrong Door” policy that uses technology to quickly connect businesses to the services and information relevant to them, regardless of which agency’s website, call center, or office they go to for help.

In addition, a business’s interactions with the Federal Government should be individualized and efficient. If the private sector can allow consumers to customize interactions so that they receive only the information they want, in the form they want it, so can the Federal Government.

Today, I am directing a first wave of changes focused on both small businesses and businesses of all sizes that want to begin or increase exporting (exporters), because those businesses help drive economic growth and have the most to gain from Federal assistance. We plan to use the resulting improvements as a model for future reforms so that, in time, all businesses and all citizens receive the highest level of customer service when they interact with the Federal Government.

Accordingly, I direct the following:

(1) All executive departments and agencies (agencies) shall work with a Steering Committee co-chaired by the Federal Chief Information Officer, Assistant to the President and Chief Technology Officer, and Chief Performance Officer (the Co-Chairs) to carry out the directives in this memorandum within 90 days of the date of this memorandum, unless a provision of this memorandum expressly states otherwise. The Steering Committee shall include senior policy and technical representatives, appointed by the heads of their respective agencies, from the Departments of State, Defense, Agriculture, Commerce, and Veterans Affairs, the Small Business Administration (SBA), the General Services Administration (GSA), the Export-Import Bank, and other agencies designated by the Co-Chairs. The Co-Chairs and representatives from the Department of Commerce and SBA shall serve as the Executive Committee of the Steering Committee, which shall coordinate the strategy, design, development, launch, and operation of BusinessUSA, a common, open, online platform and web service with dedicated resources that will, as a first step, disseminate core information regarding the Federal Government’s programs and services relevant to small businesses and exporters.

(2) Agencies shall work with the Steering Committee to develop and launch an introductory version of BusinessUSA. BusinessUSA shall be designed, tested, and built with the active feedback of U.S. businesses and relevant online communities. To the extent appropriate, practicable, and permitted by law, the BusinessUSA platform shall integrate related State and local government services as well as those of private sector partners.

(3) Agencies shall make information regarding their small business and export programs and services accessible through BusinessUSA. To accomplish this in a uniform fashion, the Steering Committee shall develop a common set of standards for content available through BusinessUSA, which shall identify the types of programs and services to be included initially on BusinessUSA and a structure for organizing and presenting such information. These standards shall be used by all agencies in the creation, presentation, and delivery of information regarding their programs and services, to the extent practicable and permitted by law.

(4) Agencies shall also work with the Steering Committee to develop new content for BusinessUSA that synthesizes information available across agencies to better serve small businesses and exporters. Among other things, agencies shall work together to aggregate on the BusinessUSA platform statistical, demographic, and other raw Government datasets of particular interest to small businesses and exporters, making Government data more easily accessible and spurring innovative uses of the data through business-oriented web or mobile applications.

(5) Agencies shall integrate BusinessUSA, including ready access to the BusinessUSA website, into their current websites, call centers, and field offices to ensure that small businesses and exporters have access to the wide range of Government programs and services at each entry point into the Federal Government. During the year following the date of this memorandum, agencies shall work with GSA and the Office of Management and Budget to enhance the centralized call center for responding to public questions about Federal programs and services (1–800–FED–INFO) to add expertise with Government programs and services for small businesses and exporters.

(6) (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) authority granted by law or Executive Order to an agency, or the head thereof; or

(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) BusinessUSA shall be operated by a single hosting agency under the Executive Committee’s coordination. To the extent permitted by law, agencies shall reimburse the hosting agency for the cost of establishing, maintaining, and operating BusinessUSA.

(c) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(d) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(7) The Director of the Office of Management and Budget is authorized and directed to publish this memorandum in the Federal Register.

Barack Obama.