[Pub. L. 108–199, div. F, title V, § 543(b),
For provisions authorizing Archivist to review, downgrade, and declassify information of former Presidents under control of Archivist pursuant to this section or provisions set out as a note under this section, see Ex. Ord. No. 13526, § 3.5(b),
Based on 44 U.S. Code, 1964 ed., § 397(f) (June 30, 1949, ch. 288, title V, § 507, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583; and amended July 12, 1952, ch. 703, § 1(o), (p), 66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 Stat. 695).
A prior section 2112 was renumbered section 2116 of this title.
2008—Subsec. (g)(5)(B). Pub. L. 110–404 substituted “60” for “40”.
2004—Subsec. (e). Pub. L. 108–383 substituted “space, or for the occasional, non-official use of rooms and spaces (and services related to such use),” for “space”.
2003—Subsec. (g)(5). Pub. L. 108–7 added par. (5).
1986—Subsec. (a). Pub. L. 99–323, § 3(a), amended subsec. (a) generally, revising and restating as pars. (1) to (5) provisions of former undesignated pars. containing similar subject matter.
Subsec. (g). Pub. L. 99–323, § 3(b), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “When the Archivist considers it be in the public interest, he may accept gifts or bequests of money or other property for the purpose of maintaining, operating, protecting, or improving a Presidential archival depository. The proceeds of gifts or bequests, together with the proceeds from fees or from sales of historical materials, copies or reproductions, catalogs, or other items, having to do with a Presidential archival depository, shall be paid into the National Archives Trust Fund to be held, administered, and expended for the benefit and in the interest of the Presidential archival depository in connection with which they were received, including administrative and custodial expenses as the Archivist determines.”
1984—Subsec. (a). Pub. L. 98–497, § 107(a)(6), substituted “Archivist” for “Administrator of General Services” and “Archivist” for “Administrator” wherever appearing.
Subsecs. (b), (c). Pub. L. 98–497, § 107(a)(6), substituted “Archivist” for “Administrator” and “section 2111” for “section 2107” wherever appearing.
Subsecs. (d) to (g). Pub. L. 98–497, § 107(a)(6), substituted “Archivist” for “Administrator” wherever appearing.
1978—Subsec. (c). Pub. L. 95–591 limited application of subsec. (c) when dealing with Presidential records.
1976—Subsecs. (b), (c). Pub. L. 94–575 substituted reference to section “2107” for “3106”.
Section 4 of Pub. L. 99–323 provided that:
Amendment by Pub. L. 98–497 effective
Amendment by Pub. L. 95–591 effective with respect to Presidential records created during a term of office of President beginning on or after
Pub. L. 110–404, § 6(a),
Pub. L. 89–547,
[For transfer of certain functions of the Administrator of General Services under Pub. L. 89–547 to the Archivist of the United States, see section 103(b)(2) of Pub. L. 98–497, set out as a Transfer of Functions note under section 2102 of this title.]
Pub. L. 89–169,
[For transfer of certain functions of the Administrator of General Services under Pub. L. 89–169 to the Archivist of the United States, see section 103(b)(2) of Pub. L. 98–497, set out as a Transfer of Functions note under section 2102 of this title.]
The Archivist may receive duplicate originals or authenticated copies of agreements or compacts entered into under the Constitution and laws of the United States, between States of the Union, and take necessary actions for their preservation and servicing.
Based on 44 U.S. Code, 1964 ed., § 397(h) (June 30, 1949, ch. 288, title V, § 507, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583, and amended July 12, 1952, ch. 703, § 1(o), (p), 66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 Stat. 695; July 3, 1956, ch. 513, § 4, 70 Stat. 494;
A prior section 2113 was renumbered section 2117 of this title.
1984—Pub. L. 98–497, § 107(a)(7), substituted “Archivist” for “Administrator of General Services”.
Amendment by Pub. L. 98–497 effective
The Archivist may make and preserve audio and visual records, including motion-picture films, still photographs, and sound recordings, in analog, digital, or any other form, pertaining to and illustrative of the historical development of the United States Government and its activities, and provide for preparing, editing, titling, scoring, processing, duplicating, reproducing, exhibiting, and releasing for non-profit educational purposes, motion-picture films, still photographs, and sound recordings in the Archivist’s custody.
Based on 44 U.S. Code, 1964 ed., § 397(i) (June 30, 1949, ch. 288, title V, § 507, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583; and amended July 12, 1952, ch. 703, § 1(o), (p), 66 Stat. 594; July 12, 1955, ch. 329, 69 Stat. 297; Aug. 12, 1955, ch. 859, 69 Stat. 695; July 3, 1956, ch. 513, § 4, 70 Stat. 494;
A prior section 2114 was renumbered section 2118 of this title.
2014—Pub. L. 113–187 amended section generally. Prior to amendment section related to preservation of motion-picture films, still pictures, and sound recordings.
1984—Pub. L. 98–497, § 107(a)(7), substituted “Archivist” for “Administrator of General Services”.
Amendment by Pub. L. 98–497 effective
Based on 44 U.S. Code, 1964 ed., § 398 (June 30, 1949, ch. 288, title V, § 508, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
2014—Subsec. (a). Pub. L. 113–187, § 9(e)(1), substituted “the duties” for “their respective duties” and struck out “and the Administrator” after “the Archivist” and “each” before “obtain reports”.
Subsec. (b). Pub. L. 113–187, § 9(e)(2), struck out “either” after “When”, struck out “or the Administrator” after “the Archivist” in two places, and substituted “demonstrably commenced” for “inaugurated”.
1984—Pub. L. 98–497, § 107(a)(8), amended section generally, inserting reference to Archivist and striking out reference to chapter 27 of this title.
1976—Subsec. (b). Pub. L. 94–575 inserted reference to chapter 33 of this title.
Amendment by Pub. L. 98–497 effective
Based on 44 U.S. Code, 1964 ed., § 399 (June 30, 1949, ch. 288, title V, § 509, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
2014—Subsec. (a). Pub. L. 113–187, § 3(d), inserted “digital,” after “microphotographic,” in two places.
Subsec. (c). Pub. L. 113–187, § 8(1), substituted “the Archivist’s custody” for “his custody”.
1984—Subsec. (a). Pub. L. 98–497, § 107(a)(9)(A), substituted “Archivist” for “Administrator of General Services”.
Subsec. (b). Pub. L. 98–497, § 107(a)(9)(B), substituted “Archivist” for “Administrator”.
Subsec. (c). Pub. L. 98–497, § 201, substituted provisions transferring functions from Administrator of General Services to Archivist of the United States, further substituted provisions relating to permissible fee charges for former provisions which set a fee not in excess of 10 percent above costs and expenses for making copies, inserted “unless appropriations available to the Archivist for this purpose are insufficient to cover the cost of performing the work”, and struck out provision that reimbursement may be accepted to cover cost of furnishing copies or reproductions that could not otherwise be furnished.
1976—Subsec. (a). Pub. L. 94–575 inserted reference to chapter 33 of this title.
Amendment by Pub. L. 98–497 effective
When letters and other intellectual productions (exclusive of patented material, published works under copyright protection, and unpublished works for which copyright registration has been made) come into the custody or possession of the Archivist, the United States or its agents are not liable for infringement of copyright or analogous rights arising out of use of the materials for display, inspection, research, reproduction, or other purposes.
Based on 44 U.S. Code, 1964 ed., § 400 (June 30, 1949, ch. 288, title V, § 510, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
1984—Pub. L. 98–497, § 107(a)(7), substituted “Archivist” for “Administrator of General Services”.
1976—Pub. L. 94–553 substituted “productions (exclusive of patented material, published works under copyright protection, and unpublished works for which copyright registration has been made) come into the custody or possession of the Administrator of General Services, the United States or its agents are not liable for infringement of copyright or analogous rights” for “productions, exclusive of material copyrighted or patented, come into the custody or possession of the Administrator of General Services, the United States or its agents are not liable for infringement of literary property rights or analogous rights”.
Amendment by Pub. L. 98–497 effective
Amendment by Pub. L. 94–553 effective
The Secretary of the Senate and the Clerk of the House of Representatives, acting jointly, shall obtain at the close of each Congress all the noncurrent records of the Congress and of each congressional committee and transfer them to the National Archives and Records Administration for preservation, subject to the orders of the Senate or the House of Representatives, respectively.
Based on 44 U.S. Code, 1964 ed., § 402 (Aug. 2, 1946, ch. 753, title I, § 140, 60 Stat. 833).
1984—Pub. L. 98–497, § 107(a)(10)), substituted “National Archives and Records Administration” for “General Services Administration”.
Amendment by Pub. L. 98–497 effective
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress,
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective
Pub. L. 110–404, § 4(b),
2014—Pub. L. 113–187, § 2(a)(3), (e)(2),
Section 552(e) of title 5, referred to in par. (2)(B)(i), was redesignated section 552(f) of title 5 by section 1802(b) of Pub. L. 99–570.
2014—Par. (1). Pub. L. 113–187, § 2(b)(1), substituted “memoranda” for “memorandums” and “audio and visual records” for “audio, audiovisual” and inserted “, whether in analog, digital, or any other form” after “mechanical recordations”.
Par. (2). Pub. L. 113–187, § 8(2), substituted “the President’s” for “his” in introductory provisions and in subpar. (A).
Pub. L. 113–187, § 2(b)(2), substituted “advise or assist” for “advise and assist” in introductory provisions.
Pub. L. 95–591, § 3,
For short title of Pub. L. 95–591, which enacted this chapter, as the “Presidential Records Act of 1978”, see section 1 of Pub. L. 95–591, set out as a note under section 101 of this title.
Pub. L. 95–591, § 4,
The United States shall reserve and retain complete ownership, possession, and control of Presidential records; and such records shall be administered in accordance with the provisions of this chapter.
Section effective with respect to Presidential records created during a term of office of President beginning on or after
2016—Subsec. (g)(3), (4). Pub. L. 114–136 added par. (3) and redesignated former par. (3) as (4).
2014—Subsec. (a). Pub. L. 113–187, § 8(3)(A), substituted “the President’s” for “his”.
Pub. L. 113–187, § 2(c)(1), substituted “preserved and maintained” for “maintained”.
Subsec. (b). Pub. L. 113–187, § 8(3)(B), substituted “the President’s” for “his”.
Pub. L. 113–187, § 2(c)(2), substituted “advise or assist” for “advise and assist”.
Subsec. (c). Pub. L. 113–187, § 8(3)(C)(i), substituted “the President’s” for “his” and “those Presidential records of such President” for “those of his Presidential records” in introductory provisions.
Subsec. (c)(2). Pub. L. 113–187, § 8(3)(C)(ii), substituted “the Archivist does” for “he does”.
Subsec. (d). Pub. L. 113–187, § 8(3)(D), substituted “the Archivist does” for “he does”.
Subsec. (e). Pub. L. 113–187, § 8(3)(E), substituted “the Archivist considers” for “he considers” in introductory provisions.
Subsec. (f). Pub. L. 113–187, § 2(c)(4), added subsec. (f). Former subsec. (f) redesignated (g).
Subsec. (g). Pub. L. 113–187, § 2(c)(3), redesignated subsec. (f) as (g).
Subsec. (g)(1). Pub. L. 113–187, § 2(c)(5), substituted “this chapter” for “this Act”.
Subsec. (g)(3). Pub. L. 113–187, § 8(3)(F), substituted “the Archivist has” for “he has”.
1996—Subsec. (e). Pub. L. 104–186 substituted “House Oversight” for “House Administration”.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress,
Section effective with respect to Presidential records created during a term of office of President beginning on or after
For provisions authorizing Archivist to review, downgrade, and declassify information of former Presidents under control of Archivist pursuant to this section, see Ex. Ord. No. 13526, § 3.5(b),
This Act, referred to in subsec. (c)(2), probably means Pub. L. 95–591,
2014—Subsec. (a). Pub. L. 113–187, § 8(4)(A)(i), substituted “a President’s” for “his” in introductory provisions.
Subsec. (a)(5). Pub. L. 113–187, § 8(4)(A)(ii), substituted “the President’s” for “his”.
Subsec. (b)(1)(B). Pub. L. 113–187, § 8(4)(B)(i), substituted “the President’s” for “his”.
Subsec. (b)(3). Pub. L. 113–187, § 8(4)(B)(ii), substituted “the Archivist’s discretion” for “his discretion” and “the Archivist’s designee” for “his designee”.
Subsec. (d). Pub. L. 113–187, § 2(a)(2)(A), inserted “, except section 2208,” after “chapter”.
Subsec. (f). Pub. L. 113–187, § 2(d), added subsec. (f).
1984—Subsec. (c)(1). Pub. L. 98–497 substituted “National Archives and Records Administration” for “National Archives and Records Service of the General Services Administration”.
Amendment by Pub. L. 98–497 effective
Section effective with respect to Presidential records created during a term of office of President beginning on or after
Ex. Ord. No. 12667,
Ex. Ord. No. 13233,
Ex. Ord. No. 13489,
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish policies and procedures governing the assertion of executive privilege by incumbent and former Presidents in connection with the release of Presidential records by the National Archives and Records Administration (NARA) pursuant to the Presidential Records Act of 1978, it is hereby ordered as follows:
(a) “Archivist” refers to the Archivist of the United States or his designee.
(b) “NARA” refers to the National Archives and Records Administration.
(c) “Presidential Records Act” refers to the Presidential Records Act, 44 U.S.C. 2201–2207.
(d) “NARA regulations” refers to the NARA regulations implementing the Presidential Records Act [of 1978], 36 C.F.R. Part 1270.
(e) “Presidential records” refers to those documentary materials maintained by NARA pursuant to the Presidential Records Act, including Vice Presidential records.
(f) “Former President” refers to the former President during whose term or terms of office particular Presidential records were created.
(g) A “substantial question of executive privilege” exists if NARA’s disclosure of Presidential records might impair national security (including the conduct of foreign relations), law enforcement, or the deliberative processes of the executive branch.
(h) A “final court order” is a court order from which no appeal may be taken.
(b) Upon the passage of 30 days after receipt by the incumbent and former Presidents of a notice of intent to disclose Presidential records, the Archivist may disclose the records covered by the notice, unless during that time period the Archivist has received a claim of executive privilege by the incumbent or former President or the Archivist has been instructed by the incumbent President or his designee to extend the time period for a time certain and with reason for the extension of time provided in the notice. If a shorter period of time is required under the circumstances set forth in section 1270.44 of the NARA regulations, the Archivist shall so indicate in the notice.
(b) The Attorney General and the Counsel to the President, in the exercise of their discretion and after appropriate review and consultation under subsection (a) of this section, may jointly determine that invocation of executive privilege is not justified. The Archivist shall be notified promptly of any such determination.
(c) If either the Attorney General or the Counsel to the President believes that the circumstances justify invocation of executive privilege, the issue shall be presented to the President by the Counsel to the President and the Attorney General.
(d) If the President decides to invoke executive privilege, the Counsel to the President shall notify the former President, the Archivist, and the Attorney General in writing of the claim of privilege and the specific Presidential records to which it relates. After receiving such notice, the Archivist shall not disclose the privileged records unless directed to do so by an incumbent President or by a final court order.
(b) In making the determination referred to in subsection (a) of this section, the Archivist shall abide by any instructions given him by the incumbent President or his designee unless otherwise directed by a final court order. The Archivist shall notify the incumbent and former Presidents of his determination at least 30 days prior to disclosure of the Presidential records, unless a shorter time period is required in the circumstances set forth in section 1270.44 of the NARA regulations. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative.
(i) authority granted by law to a department or agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) 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.
2014—Pub. L. 113–187, § 2(a)(2)(B)(i), substituted “sections 2204 and 2208 of this title” for “section 2204” in introductory provisions.
Par. (2)(A). Pub. L. 113–187, § 2(a)(2)(B)(ii), substituted “subpoena” for “subpena”.
Par. (2)(B). Pub. L. 113–187, § 8(5)(A), substituted “the incumbent President’s” for “his”.
Par. (3). Pub. L. 113–187, § 8(5)(B), substituted “the former President’s” for “his”.
1984—Par. (1). Pub. L. 98–497 substituted “National Archives and Records Administration” for “National Archives and Records Service of the General Services Administration”.
Amendment by Pub. L. 98–497 effective
Section effective with respect to Presidential records created during a term of office of President beginning on or after
Section 2203(f)(3), referred to in par. (1), was redesignated section 2203(g)(3) of this title by Pub. L. 113–187, § 2(c)(3),
Section effective with respect to Presidential records created during a term of office of President beginning on or after
Vice-Presidential records shall be subject to the provisions of this chapter in the same manner as Presidential records. The duties and responsibilities of the Vice President, with respect to Vice-Presidential records, shall be the same as the duties and responsibilities of the President under this chapter, except section 2208, with respect to Presidential records. The authority of the Archivist with respect to Vice-Presidential records shall be the same as the authority of the Archivist under this chapter with respect to Presidential records, except that the Archivist may, when the Archivist determines that it is in the public interest, enter into an agreement for the deposit of Vice-Presidential records in a non-Federal archival depository. Nothing in this chapter shall be construed to authorize the establishment of separate archival depositories for such Vice-Presidential records.
2014—Pub. L. 113–187 inserted “, except section 2208,” after “chapter” in second sentence.
Section effective with respect to Presidential records created during a term of office of President beginning on or after
Pub. L. 113–187, § 2(a)(4),
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress,
1984—Pub. L. 98–497, title II, § 202(c),
The National Archives Trust Fund Board shall consist of the Archivist of the United States, as Chairman, and the Secretary of the Treasury and the Chairman of the National Endowment for the Humanities. Membership on the Board is not an office within the meaning of the statutes of the United States.
Based on 44 U.S. Code, 1964 ed., §§ 300bb, 391 (part) (July 9, 1941, ch. 284, § 2, 55 Stat. 581; Aug. 2, 1946, ch. 753, title I, §§ 102, 121, 60 Stat. 814, 822; June 30, 1949, ch. 288, title I, § 104, 63 Stat. 381).
This section incorporates only the last sentence of paragraph (b) of former section 391. The balance of that section will be found in sections 1506, 2102, 2501, and 2902 of the revision.
1984—Pub. L. 98–497 struck out “The authority of the Administrator of General Services under section 754 of title 40 to regroup, transfer, and distribute functions within the General Services Administration does not extend to the Board or its functions.”
1978—Pub. L. 95–379 substituted references to the Secretary of the Treasury and the Chairman of the National Endowment for the Humanities, for references to the chairman of the House Committee on Government Operations and the Senate Committee on Post Office and Civil Service.
1976—Pub. L. 94–391 substituted reference to House Committee on Government Operations for reference to House Committee on Post Office and Civil Service.
Amendment by Pub. L. 98–497 effective
Based on 44 U.S. Code, 1964 ed., § 300hh (July 9, 1941. ch. 284, § 8, 55 Stat. 582).
The laws governing appointments in the civil service, referred to in par. (4), are set out in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5.
1984—Pub. L. 98–497 amended section generally. Prior to amendment, section read as follows: “In carrying out the purposes of this chapter, the Board may—
“(1) adopt an official seal, which shall be judicially noticed;
“(2) appoint, or authorize the Chairman to appoint, without regard to the civil-service laws, necessary employees, and fix their duties; and
“(3) adopt bylaws, rules, and regulations necessary for the administration of its functions under this chapter.”
Amendment by Pub. L. 98–497 effective
Except as otherwise provided by this chapter, the Board shall have all the usual powers and obligations of a trustee with respect to property and funds administered by it, but the members of the Board are not personally liable, except for malfeasance.
Based on 44 U.S. Code, 1964 ed., § 300ff (July 9, 1941, ch. 284, § 6, 55 Stat. 582).
1984—Pub. L. 98–497 amended section generally, inserting “Except as otherwise provided by this chapter,”.
Amendment by Pub. L. 98–497 effective
Compensation may not be paid to the members of the Board for their services as members. Costs incurred by the Board in carrying out its duties under this chapter, including the obligations necessarily incurred by the members of the Board in the performance of their duties and the compensation of persons employed by the Board, shall be paid by the Archivist of the United States from trust funds available to the Board for this purpose. The Board, by resolution, may authorize the transfer of funds (including the principal or interest of a gift or bequest) to the National Archives and Records Administration to be expended on an archival or records activity approved by the Board or to accomplish the purpose of a gift or bequest.
Based on 44 U.S. Code, 1964 ed., § 300ii (July 9, 1941, ch. 284, § 9, 55 Stat. 582).
1984—Pub. L. 98–497 amended section generally. Prior to amendment, section read as follows: “Compensation may not be paid to the members of the Board for their services as members. Costs incurred by the Board in carrying out its duties under this chapter, including the expenditures necessarily made by the members of the Board in the performance of their duties and the compensation of persons employed by the Board, shall be paid out of income from trust funds available to the Board for the purpose. Unless otherwise restricted by the instrument of gift or bequest, the Board, by resolution, may authorize the Chairman to use for these purposes, or for any other purpose for which funds may be expended under this chapter, the principal of a gift or bequest accepted under this chapter.”
Amendment by Pub. L. 98–497 effective
The Board may solicit and accept gifts or bequests of money, securities, or other personal property, for the benefit of or in connection with the national archival and records activities administered by the National Archives and Records Administration. Moneys that are for deposit into the trust fund shall be deposited within 10 working days of the receipt thereof.
Based on 44 U.S. Code, 1964 ed., § 300cc (July 9, 1941, ch. 284, § 3, 55 Stat. 581).
1984—Pub. L. 98–497 amended section generally. Prior to amendment, section read as follows: “The Board may accept, receive, hold, and administer gifts or bequests of money, securities, or other personal property, for the benefit of or in connection with the national archival and records activities administered by the General Services Administration as may be approved by the Board.”
Amendment by Pub. L. 98–497 effective
The Secretary of the Treasury shall receipt for moneys or securities composing trust funds given or bequeathed to the Board and shall invest, reinvest, and retain the moneys or securities as the Board from time to time determines. The Board may not engage in business or exercise a voting privilege which may be incidental to securities in such trust funds, nor may the Secretary of the Treasury make investments for the account of the Board which could not lawfully be made by a trust company in the District of Columbia, unless directly authorized by the instrument of gift or bequest under which the funds to be invested are derived, and may retain investments accepted by the Board.
Based on 44 U.S. Code, 1964 ed., § 300dd (July 9, 1941, ch. 284, § 4, 55 Stat. 581).
The income from trust funds held by the Board and the proceeds from the sale of securities and other personal property, as and when collected, shall be covered into the Treasury of the United States in a trust fund account to be known as the National Archives Trust Fund, subject to disbursement on the basis of certified vouchers of the Archivist of the United States (or his designee) for activities approved by the Board and in the interest of the national archival and records activities administered by the National Archives and Records Administration, including but not restricted to the preparation and publication of special works, and collections of sources and the preparation, duplication, editing, and release of historical photographic materials and sound recordings. The Archivist may sell publications and releases authorized by this section and paid for out of the income derived from trust funds at a price which will cover their cost, plus 10 percent, and moneys received from these sales shall be paid into, administered, and expended as part of the National Archives Trust Fund.
Based on 44 U.S. Code, 1964 ed., § 300ee (July 9, 1941, ch. 284, § 5, 55 Stat. 581).
1984—Pub. L. 98–497 substituted “on the basis of certified vouchers of the Archivist of the United States (or his designee) for activities approved by the Board and in the interest of the national archival and records activities administered by the National Archives and Records Administration” for “by the Division of Disbursement, Treasury Department, on the basis of certified vouchers of the Chairman or his authorized agent, unless otherwise restricted by the instrument of gift or bequest, for and in the interest of the national archival and records activities administered by the General Services Administration” and “Archivist” for “Chairman” in second sentence.
Amendment by Pub. L. 98–497 effective
Division of Disbursement of Treasury Department consolidated into Fiscal Service of Treasury Department by section 1(a)(1) of Reorg. Plan No. III of 1940, eff.
Gifts and bequests received by the Board under this chapter, and the income from them are exempt from taxes.
Based on 44 U.S. Code, 1964 ed., § 300gg (July 9, 1941, ch. 284, § 7, 55 Stat. 582).
1988—Pub. L. 100–365, § 5,
1984—Pub. L. 98–497, title I, § 107(b)(12)(B),
1974—Pub. L. 93–536, § 1(a),
Based on 44 U.S. Code, 1964 ed., §§ 391 (part), 393(a) (June 30, 1949, ch. 288, title I, § 104, 63 Stat. 381, and title V, § 503(a) as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
This section incorporates only the last sentence of paragraph (b) of former section 391. The balance of that section will be found in sections 1506, 2102, 2301, and 2902 of the revision.
2008—Subsec. (b)(1). Pub. L. 110–404, § 3(a)(1)(A), inserted “not more than 2” after “subsection (a) shall be appointed for” in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 110–404, § 3(a)(1)(B), substituted “not more than 4 terms” for “a term”.
Subsec. (d). Pub. L. 110–404, § 3(b)(1), added subsec. (d).
1988—Pub. L. 100–365 substituted “appointment and tenure; meetings” for “appointment and tenure” in section catchline, and amended text generally, revising and restating as subsecs. (a) to (c) provisions formerly contained in a single undesignated paragraph.
1984—Pub. L. 98–497 struck out “The authority of the Administrator of General Services under section 754 of title 40 to regroup, transfer, and distribute functions within the General Services Administration does not extend to the Commission or its functions.”
1979—Pub. L. 96–98 inserted “and Records” after “Publications”.
1974—Pub. L. 93–536 inserted provision relating to appointment and term of two members of Society of American Archivists, and two members of American Association for State and Local History.
1972—Pub. L. 92–546 provided for two additional members of the Organization of American Historians to be appointed for terms of four years by Executive Board of Organization, one to be appointed for a term of two years and his successors for a term of four years.
Pub. L. 110–404, § 3(a)(2),
Pub. L. 110–404, § 3(b)(2),
Pub. L. 100–365, § 2(b),
Amendment by Pub. L. 98–497 effective
A person appointed to fill a vacancy in the membership of the Commission shall be appointed only for the unexpired term of the member whom he succeeds, and his appointment shall be made in the same manner as the appointment of his predecessor.
Based on 44 U.S. Code, 1964 ed., § 393(b) (June 30, 1949, ch. 288, title V, § 503(b), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
Based on 44 U.S. Code, 1964 ed., § 393(c) (June 30, 1949, ch. 288, title V, § 503(c), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
1988—Pub. L. 100–365 substituted current section catchline for “Executive director; editorial and clerical staff; reimbursement of members for transportation expenses; honorarium”, and amended text generally, revising and restating as subsecs. (a) and (b) provisions formerly contained in a single undesignated paragraph.
1979—Pub. L. 96–98 substituted provisions relating to per diem allowance, instead of subsistence, pursuant to section 5703 of title 5, for provisions relating to receipt of a sum, not to exceed $40, instead of subsistence en route to or from or at place of service.
1972—Pub. L. 92–546 increased daily allowance from $25 to $40.
Pub. L. 96–98, § 2(a),
Based on 44 U.S. Code, 1964 ed., § 393(d) (June 30, 1949, ch. 288, title V, § 503(d), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583, and amended
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (f)(2)(A), is classified to section 501 of Title 26, Internal Revenue Code.
2008—Subsecs. (f), (g). Pub. L. 110–404 added subsec. (f) and redesignated former subsec. (f) as (g).
2004—Subsec. (f)(1)(P) to (S). Pub. L. 108–383 added subpars. (P) to (S).
2000—Subsec. (f)(1)(L) to (O). Pub. L. 106–410 added subpars. (L) to (O).
1996—Subsec. (f)(1)(H) to (K). Pub. L. 104–274 added subpars. (H) to (K).
1994—Subsec. (f)(1)(D) to (G). Pub. L. 103–262 added subpars. (D) to (G).
1988—Pub. L. 100–365 substituted current section catchline for “Duties; authorization of grants for collection, reproduction, and publication of documentary historical source material”, and amended text generally, revising and restating as subsecs. (a) to (f) provisions of former subsecs. (a) and (b).
1984—Subsec. (a). Pub. L. 98–497, § 107(b)(10)(A)–(D), substituted “Archivist of the United States” for “Administrator of General Services” in third sentence, substituted “Archivist” for “Administrator” in fourth sentence, inserted “and Records” after “Historical Preservation” in fourth sentence, and substituted “transmit to the President and the Congress” for “transmit to the Administrator” in last sentence.
Subsec. (b). Pub. L. 98–497, § 107(b)(10)(E), substituted “National Archives and Records Administration” for “General Services Administration”.
1983—Subsec. (b). Pub. L. 98–189 substituted provisions authorizing appropriations for fiscal year ending
1979—Subsec. (b). Pub. L. 96–98 substituted provisions authorizing appropriations for fiscal year ending
1974—Subsec. (b). Pub. L. 93–536 substituted “1975” for “1973” and “$4,000,000” for “$2,000,000”.
1972—Pub. L. 92–546 designated existing provisions as subsec. (a) and added subsec. (b).
Amendment by Pub. L. 98–497 effective
For termination, effective
Pub. L. 110–404, § 8,
The Commission may establish special advisory committees to consult with and make recommendations to it, from among the leading historians, political scientists, archivists, librarians, and other specialists of the Nation. Members of special advisory committees shall be reimbursed for transportation and other expenses on the same basis as members of the Commission.
Based on 44 U.S. Code, 1964 ed., § 393(e) (June 30, 1949, ch. 288, title V, § 503, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583, and amended
Advisory committees in existence on
Pub. L. 110–404, § 5,
Based on 44 U.S. Code, 1964 ed., § 393(g) (June 30, 1949, ch. 288, title V, § 503, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583, and amended
1984—Subsec. (a). Pub. L. 98–497 substituted “Archivist of the United States” for “Administrator of General Services”.
Subsec. (b). Pub. L. 98–497 substituted “Archivist” for “Administrator”.
Amendment by Pub. L. 98–497 effective
Section, Pub. L. 90–620,
Repeal effective
Another section 1 of title IV of Pub. L. 101–509, 104 Stat. 1421, amended section 8902 of Title 5, Government Organization and Employees.
A prior section 2701, Pub. L. 90–620,
2022—Subsec. (b). Pub. L. 117–286 substituted “chapter 10 of title 5, except that the Committee shall be of permanent duration, notwithstanding any provision of section 1013 of title 5.” for “the Federal Advisory Committee Act (5 U.S.C. App.), except that the Committee shall be of permanent duration, notwithstanding any provision of section 14 of the Federal Advisory Committee Act.”
The date on which the first session of the 102d Congress begins, referred to in subsec. (d)(1), is
A member of the Committee may not be paid compensation for service performed as a member of the Committee. However, members of the Committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Committee.
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.
2021—Pub. L. 116–283, div. H, title XCVI, § 9602(b)(4),
2017—Pub. L. 115–85, § 2(a)(4),
2014—Pub. L. 113–187, § 9(f)(1),
Pub. L. 113–187, §§ 9(b)(2), 10(b),
2000—Pub. L. 106–444, § 2(b),
1984—Pub. L. 98–497, title I, § 107(b)(18)(A),
1976—Pub. L. 94–575, § 2(b),
A prior section 2901, Pub. L. 90–620,
2021—Pars. (15), (16). Pub. L. 116–283 added pars. (15) and (16) and struck out former par. (15) which defined “Administrator”.
2014—Par. (11). Pub. L. 113–187 substituted “the Archivist’s” for “his”.
2002—Par. (13). Pub. L. 107–217 substituted “section 102 of title 40” for “section 3(a) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472(a))”.
1984—Pub. L. 98–497, § 107(b)(13)(A), struck out reference to chapter 27 in provisions preceding par. (1).
Par. (2). Pub. L. 98–497, § 107(b)(13)(B), inserted “in order to achieve adequate and proper documentation of the policies and transactions of the Federal Government and effective and economical management of agency operations”.
Pars. (6), (9), (11). Pub. L. 98–497, § 107(b)(13)(C), substituted “Archivist” for “Administrator”.
Par. (12). Pub. L. 98–497, § 107(b)(13)(D), substituted “Archivist” and “Archivist of the United States” for “Administrator” and “Administrator of General Services”, respectively. See par. (15) of this section.
Par. (13). Pub. L. 98–497, § 107(b)(13)(D), struck out references to “Federal agency” and to subsec. (b) of section 3 of the Federal Property and Administrative Services Act of 1949. See par. (14) of this section.
Pars. (14), (15). Pub. L. 98–497, § 107(b)(13)(D), added pars. (14) and (15).
Amendment by Pub. L. 98–497 effective
Pub. L. 106–58, title IV, [(a)–(e)],
Pub. L. 94–575, § 5,
A prior section 2902, Pub. L. 90–620,
2017—Par. (7). Pub. L. 115–85, § 2(a)(1), amended Pub. L. 113–187, § 9(a)(3). See 2014 Amendment note below.
2014—Par. (4). Pub. L. 113–187, § 9(a)(1), substituted “creation, maintenance, transfer, and use” for “creation and of records maintenance and use”.
Par. (6). Pub. L. 113–187, § 9(a)(2), inserted before period at end “and the transfer of records from Federal agencies to the National Archives of the United States in digital or electronic form to the greatest extent possible”.
Par. (7). Pub. L. 113–187, § 9(a)(3), as amended by Pub. L. 115–85, § 2(a)(1), substituted “the Archivist or the Administrator” for “the Administrator or the Archivist”.
1984—Par. (7). Pub. L. 98–497 inserted “or the Archivist” after “Administrator”.
Pub. L. 115–85, § 2(b),
Amendment by Pub. L. 98–497 effective
Pub. L. 117–263, div. E, title LIII, § 5301,
Based on 44 U.S. Code, 1964 ed., § 392 (June 30, 1949, ch. 288, title V, § 502, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
2004—Pub. L. 108–383 designated existing provisions as subsec. (a) and added subsec. (b).
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator”.
Amendment by Pub. L. 98–497 effective
A prior section 2904, Pub. L. 90–620,
Provisions similar to those comprising pars. (8) to (10) of this section were contained in section 2902, Pub. L. 90–620,
2017—Pub. L. 115–85, § 2(a)(2), amended Pub. L. 113–187, § 9(c). See 2014 Amendment notes below.
2014—Subsec. (a). Pub. L. 113–187, § 9(c)(1), as amended by Pub. L. 115–85, § 2(a)(2)(A), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Archivist shall provide guidance and assistance to Federal agencies with respect to ensuring adequate and proper documentation of the policies and transactions of the Federal Government and ensuring proper records disposition.”
Subsec. (b). Pub. L. 113–187, § 9(c)(2), as added by Pub. L. 115–85, § 2(a)(2)(C), substituted “effective processing of mail by Federal agencies” for “effective records management by such agencies”.
Subsec. (c). Pub. L. 113–187, § 9(c)(3)(A), formerly § 9(c)(2)(A), as renumbered and amended by Pub. L. 115–85, § 2(c)(2)(B), (D)(i), substituted “the responsibilities under subsection (a), the Archivist shall have” for “their responsibilities under subsection (a) or (b), respectively, the Archivist and the Administrator shall each have” in introductory provisions.
Subsec. (c)(6). Pub. L. 113–187, § 8(7), substituted “the Archivist’s” for “his”.
Subsec. (c)(8). Pub. L. 113–187, § 9(c)(3)(B), formerly § 9(c)(2)(B), as renumbered and amended by Pub. L. 115–85, § 2(a)(2)(B), (D)(ii), struck out “or the Administrator (as the case may be)” after “Archivist”.
Subsec. (d). Pub. L. 113–187, § 9(c)(4), formerly § 9(c)(3), as renumbered and amended by Pub. L. 115–85, § 2(c)(2)(B), (E), amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “In addition, the Administrator, in carrying out subsection (b), shall have the responsibility to promote economy and efficiency in the selection and utilization of space, staff, equipment, and supplies for records management.”
Subsec. (e). Pub. L. 113–187, § 9(c)(5), as added by Pub. L. 115–85, § 2(a)(2)(F), added subsec. (e).
1984—Pub. L. 98–497 substituted “for records management” for “of Administrator” in section catchline.
Subsec. (a). Pub. L. 98–497 designated existing first sentence as subsec. (a) and substituted “Archivist” for “Administrator” and “ensuring adequate and proper documentation of the policies and transactions of the Federal Government and ensuring proper records disposition” for “records creation, records maintenance and use, and records disposition”.
Subsec. (b). Pub. L. 98–497 added subsec. (b).
Subsec. (c). Pub. L. 98–497 designated existing second sentence as subsec. (c), substituted “In carrying out the responsibilities under subsection (a) or (b), respectively” for “In providing such guidance and assistance,”, and inserted reference to Archivist in text preceding par. (1).
Subsec. (c)(1). Pub. L. 98–497 redesignated par. (2) as (1). Provisions contained in former par. (1) are now contained substantially in subsec. (d).
Subsec. (c)(2). Pub. L. 98–497 redesignated par. (3) as (2). Former par. (2) redesignated (1).
Subsec. (c)(3). Pub. L. 98–497 redesignated par. (6) as (3) and inserted “to collect and”, “training programs”, and “other activities”. Former par. (3) redesignated (2).
Subsec. (c)(4). Pub. L. 98–497 redesignated par. (5) as (4). Former par. (4), which read “serve as a clearinghouse for information with respect to records management and as a central source for reference and training materials with respect to records management”, was struck out.
Subsec. (c)(5). Pub. L. 98–497 redesignated par. (7) as (5) and struck out “the burden placed on the Federal Government by unnecessary paperwork” after “Congress on”, “creation” before “maintenance”, and “and use, and disposition” after “maintenance”. Former par. (5) redesignated (4).
Subsec. (c)(6). Pub. L. 98–497 redesignated par. (8) as (6) and struck out “with particular attention given to standards and procedures governing records creation” at end. Former par. (6) redesignated (3).
Subsec. (c)(7). Pub. L. 98–497 redesignated par. (9) as (7) and substituted “surveys of the records and the records management programs and practices within and between Federal agencies” for “records management studies which involve a review of the programs and practices of more than one Federal agency and which examine interaction among and relationships between Federal agencies with respect to records and records management”. Former par. (7) redesignated (5).
Subsec. (c)(8). Pub. L. 98–497 redesignated par. (10) as (8) and inserted “in January of each year”, “the Archivist or”, and substituted “(7)” for “(9)” and “(6)” and “(7)” for “(8)” and “(9)”, respectively, in subpars. (A) and (B).
Subsec. (c)(9), (10). Pub. L. 98–497 redesignated pars. (9) and (10) as (7) and (8), respectively.
Subsec. (d). Pub. L. 98–497 added subsec. (d).
1980—Par. (10). Pub. L. 96–511 prescribed that the report be to appropriate oversight and appropriations committees, incorporated existing provisions in cls. (A) and (B) and added cl. (C).
Amendment by Pub. L. 115–85 effective as if included in Pub. L. 113–187, see section 2(b) of Pub. L. 115–85, set out as a note under section 2902 of this title.
Amendment by Pub. L. 98–497 effective
Pub. L. 96–511, § 5,
For termination, effective
Based on 44 U.S. Code, 1964 ed., § 395(b) (June 30, 1949, ch. 288, title V, § 505(b), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
2014—Subsec. (a). Pub. L. 113–187 substituted “The Archivist shall notify” for “He shall notify” and “the Archivist’s attention” for “his attention”.
1984—Subsec. (a). Pub. L. 98–497, § 107(b)(15)(B), substituted “Archivist” for “Administrator of General Services”.
Pub. L. 98–497, § 203(a), inserted “In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.”
Subsec. (b). Pub. L. 98–497, § 107(b)(15)(B), substituted “Archivist” for “Administrator of General Services”.
1980—Pub. L. 96–511 designated existing provisions as subsec. (a) and added subsec. (b).
Amendment by Pub. L. 98–497 effective
Amendment by Pub. L. 96–511 effective on
A prior section 2906, Pub. L. 90–620,
2017—Subsec. (c). Pub. L. 115–85, § 2(a)(3), added Pub. L. 113–187, § 9(d)(3). See 2014 Amendment note below.
2014—Subsec. (a)(1). Pub. L. 113–187, § 9(d)(1)(A), substituted “the duties” for “their respective duties” and “the Archivist’s designee” for “designee of either”, struck out “the Administrator of General Services and” before “the Archivist” and “solely” after “any Federal agency”, and inserted “and for determining whether the records of Federal agencies have sufficient value to warrant continued preservation or lack sufficient value to justify continued preservation” after “for the improvement of records management practices and programs”.
Subsec. (a)(2). Pub. L. 113–187, § 9(d)(1)(B), struck out “the Administrator and” before “the Archivist” and “The regulations promulgated by the Administrator and the Archivist under this paragraph shall, to the extent practicable, be identical.” at end.
Subsec. (a)(3). Pub. L. 113–187, § 9(d)(1)(C), in introductory provisions, struck out “the Administrator or” before “the Archivist” and substituted “Archivist’s designee” for “designee of either” and, in subpar. (A), substituted “the Archivist” for “the Administrator, the Archivist,”.
Subsec. (b). Pub. L. 113–187, § 9(d)(2), struck out “the Administrator and” before “the Archivist” and substituted “Archivist’s designee” for “designee of either”.
Subsec. (c). Pub. L. 113–187, § 9(d)(3), as added by Pub. L. 115–85, § 2(a)(3), added subsec. (c).
1984—Pub. L. 98–497 inserted reference to Archivist in four places in subsecs. (a) and (b) and inserted at end of subsec. (b)(2) “The regulations promulgated by the Administrator and the Archivist under this paragraph shall, to the extent practicable, be identical.”
Amendment by Pub. L. 115–85 effective as if included in Pub. L. 113–187, see section 2(b) of Pub. L. 115–85, set out as a note under section 2902 of this title.
Amendment by Pub. L. 98–497 effective
The Archivist may establish, maintain, and operate records centers and centralized microfilming or digitization services for Federal agencies.
A prior section 2907, Pub. L. 90–620,
2014—Pub. L. 113–187 inserted “or digitization” after “microfilming” in section catchline and text.
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator”.
Amendment by Pub. L. 98–497 effective
Subject to applicable law, the Archivist shall promulgate regulations governing the transfer of records from the custody of one executive agency to that of another.
Based on 44 U.S. Code, 1964 ed., § 395(e) (June 30, 1949, ch. 288, title V, § 505(e), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services”.
Amendment by Pub. L. 98–497 effective
The Archivist may empower a Federal agency to retain records for a longer period than that specified in disposal schedules, and may withdraw disposal authorizations covering records listed in disposal schedules. The Archivist shall promulgate regulations in accordance with section 2104(a) of this title to implement this section.
Based on 44 U.S. Code, 1964 ed., § 395(f) (June 30, 1949, ch. 288, title V, § 505(f), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
2004—Pub. L. 108–383 struck out “, upon the submission of evidence of need,” after “Federal agency”, substituted “, and” for “; and, in accordance with regulations promulgated by him,”, and inserted at end “The Archivist shall promulgate regulations in accordance with section 2104(a) of this title to implement this section.”
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services”.
1970—Pub. L. 91–287 struck out “approved by Congress” after “disposal schedules” in two places.
Amendment by Pub. L. 98–497 effective
A prior section 2910, Pub. L. 90–620,
Pub. L. 116–283, div. H, title XCVI, § 9602(b)(2),
1976—Pub. L. 94–575, § 3(b),
The head of each Federal agency shall make and preserve records containing adequate and proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of the agency and designed to furnish the information necessary to protect the legal and financial rights of the Government and of persons directly affected by the agency’s activities.
Based on 44 U.S. Code, 1964 ed., § 396(a) (June 30, 1949, ch. 288, title V, § 506(a), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
Memorandum of President of the United States,
Memorandum for the Heads of Executive Departments and Agencies
When records are well-managed, agencies can use them to assess the impact of programs, to reduce redundant efforts, to save money, and to share knowledge within and across their organizations. In these ways, proper records management is the backbone of open Government.
Decades of technological advances have transformed agency operations, creating challenges and opportunities for agency records management. Greater reliance on electronic communication and systems has radically increased the volume and diversity of information that agencies must manage. With proper planning, technology can make these records less burdensome to manage and easier to use and share. But if records management policies and practices are not updated for a digital age, the surge in information could overwhelm agency systems, leading to higher costs and lost records.
We must address these challenges while using the opportunity to develop a 21st-century framework for the management of Government records. This framework will provide a foundation for open Government, leverage information to improve agency performance, and reduce unnecessary costs and burdens.
(i) ensure that the successful implementation of records management requirements in law, regulation, and this memorandum is a priority for senior agency management;
(ii) ensure that proper resources are allocated to the effective implementation of such requirements; and
(iii) within 30 days of the date of this memorandum, designate in writing to the Archivist of the United States (Archivist), a senior agency official to supervise the review required by subsection (b) of this section, in coordination with the agency’s Records Officer, Chief Information Officer, and General Counsel.
(b) Within 120 days of the date of this memorandum, each agency head shall submit a report to the Archivist and the Director of the Office of Management and Budget (OMB) that:
(i) describes the agency’s current plans for improving or maintaining its records management program, particularly with respect to managing electronic records, including email and social media, deploying cloud-based services or storage solutions, and meeting other records challenges;
(ii) identifies any provisions, or omissions, in relevant statutes, regulations, or official NARA guidance that currently pose an obstacle to the agency’s adoption of sound, cost-effective records management policies and practices; and
(iii) identifies policies or programs that, if included in the Records Management Directive required by section 3 of this memorandum or adopted or implemented by NARA, would assist the agency’s efforts to improve records management.
The reports submitted pursuant to this subsection should supplement, and therefore need not duplicate, information provided by agencies to NARA pursuant to other reporting obligations.
(i) creating a Government-wide records management framework that is more efficient and cost-effective;
(ii) promoting records management policies and practices that enhance the capability of agencies to fulfill their statutory missions;
(iii) maintaining accountability through documentation of agency actions;
(iv) increasing open Government and appropriate public access to Government records;
(v) supporting agency compliance with applicable legal requirements related to the preservation of information relevant to litigation; and
(vi) transitioning from paper-based records management to electronic records management where feasible.
(b) In the course of developing the directive, the Archivist, in coordination with the Director of OMB and the Associate Attorney General, shall review relevant statutes, regulations, and official NARA guidance to identify opportunities for reforms that would facilitate improved Government-wide records management practices, particularly with respect to electronic records. The Archivist, in coordination with the Director of OMB and the Associate Attorney General, shall present to the President the results of this review, no later than the date of the directive’s issuance, to facilitate potential updates to the laws, regulations, and policies governing the management of Federal records.
(c) In developing the directive, the Director of OMB and the Archivist, in coordination with the Associate Attorney General, shall consult with other affected agencies, interagency groups, and public stakeholders.
(b) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the head thereof; or
(ii) functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(c) 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.
Based on 44 U.S. Code, 1964 ed., § 396(b) (June 30, 1949, ch. 288, title V, § 506(b), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
2016—Pars. (2) to (4). Pub. L. 114–185 added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
2014—Par. (2). Pub. L. 113–187 struck out “the Administrator of General Services and” before “the Archivist”.
1984—Pars. (2), (3). Pub. L. 98–497 inserted “and the Archivist” after “Administrator of General Services” in par. (2), and substituted “sections 2101–2117” for “sections 2101–2113” and struck out “2701,” before “2901” in par. (3).
1976—Pub. L. 94–575, § 3(a)(1), (2), substituted in par. (1) “the creation and over the maintenance” for “the creation, maintenance,” and in par. (3) reference to sections “2901–2909” for “2901, 2903–2909” of this title.
Amendment by Pub. L. 114–185 applicable to any request for records under section 552 of title 5 made after
Amendment by Pub. L. 98–497 effective
When the head of a Federal agency determines that such action may affect substantial economies or increased operating efficiency, the head of such agency shall provide for the transfer of records to a records center maintained and operated by the Archivist, or, when approved by the Archivist, to a center maintained and operated by the head of the Federal agency.
A prior section 3103, Pub. L. 90–620,
2014—Pub. L. 113–187 substituted “the head of such agency” for “he”.
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator” wherever appearing.
Amendment by Pub. L. 98–497 effective
An official of the Government who is authorized to certify to facts on the basis of records in such official’s custody, may certify to facts on the basis of records that have been transferred by such official or such official’s predecessors to the Archivist, and may authorize the Archivist to certify to facts and to make administrative determinations on the basis of records transferred to the Archivist, notwithstanding any other law.
Based on 44 U.S. Code, 1964 ed., § 396(d) (June 30, 1949, ch. 288, title V, § 506(d), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583, and amended
2014—Pub. L. 113–187 substituted “such official’s custody” for “his custody” and “such official or such official’s predecessors” for “him or his predecessors”.
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services” and “Archivist” for “Administrator” wherever appearing.
Amendment by Pub. L. 98–497 effective
Based on 44 U.S. Code, 1964 ed., § 396(e) (June 30, 1949, ch. 288, title V, § 506(e), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
Sections 3304 to 3307 of this title, included in the reference in par. (1) to sections 3301 to 3314 of this title, were repealed by Pub. L. 91–287, § 2(c),
2014—Pub. L. 113–187 substituted “the head of such agency” for “he” in introductory provisions.
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services”.
Amendment by Pub. L. 98–497 effective
Based on 44 U.S. Code, 1964 ed., § 396(f) (June 30, 1949, ch. 288, title V, § 506(f), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
2014—Pub. L. 113–187 amended section generally. Prior to amendment, text read as follows: “The head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, or destruction of records in the custody of the agency of which he is the head that shall come to his attention, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records he knows or has reason to believe have been unlawfully removed from his agency, or from another Federal agency whose records have been transferred to his legal custody. In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.”
1984—Pub. L. 98–497, § 107(b)(21), substituted “Archivist” for “Administrator of General Services” and “Archivist” for “Administrator”.
Pub. L. 98–497, § 203(b), inserted at end “In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.”
Amendment by Pub. L. 98–497 effective
Chapters 21, 25, 27,1
Based on 44 U.S. Code, 1964 ed., § 396(g) (June 30, 1949, ch. 288, title V, § 506(g), as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583).
Chapter 27 of this title, referred to in text, was repealed by Pub. L. 95–378, § 2(a),
2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
1976—Pub. L. 94–575 substituted “Chapters 21, 25, 27, 29, and 31 of this title” for “Sections 2101–2113, 2501–2507, 2701, 2901, 2904–2910, and 3101–3107, of this title”.
2014—Pub. L. 113–187, § 7(b),
2004—Pub. L. 108–271, § 8(b),
1984—Pub. L. 98–497, title I, § 107(b)(25)(D),
1976—Pub. L. 94–575, § 4(c)(1),
1974—Pub. L. 93–526, title II, § 203,
1970—Pub. L. 91–287, § 3,
Based on 44 U.S. Code, 1964 ed., § 366 (July 7, 1943, ch. 192, § 1, 57 Stat. 380).
2014—Pub. L. 113–187 amended section generally. Prior to amendment, text read as follows: “As used in this chapter, ‘records’ includes all books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them. Library and museum material made or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included.”
1976—Pub. L. 94–575 expanded “records” to include “machine readable materials”.
Based on 44 U.S. Code, 1964 ed., § 367 (July 7, 1943, ch. 192, § 2, 57 Stat. 381; June 30, 1949, ch. 288, title I, § 104, 63 Stat. 381).
2014—Par. (1). Pub. L. 113–187, § 8(12), substituted “the Archivist” for “him”.
Par. (3). Pub. L. 113–187, § 5(b), substituted “photographic, microphotographic, or digital processes” for “photographic or microphotographic processes”.
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services”.
1976—Pub. L. 94–575 struck out “; approval by President” after “standards for reproduction” in section catchline.
Amendment by Pub. L. 98–497 effective
Based on 44 U.S. Code, 1964 ed., § 368 (July 7, 1943, ch. 192, § 3, 57 Stat. 381; June 30, 1949, ch. 288, title I, § 104(a), 63 Stat. 381).
2014—Par. (1). Pub. L. 113–187 substituted “photographed, microphotographed, or digitized” for “photographed or microphotographed”.
1984—Pub. L. 98–497 substituted “the Archivist” for “Administrator of General Services” in section catchline, and “Archivist” for “Administrator of General Services” in text.
Amendment by Pub. L. 98–497 effective
2014—Subsec. (a). Pub. L. 113–187, § 8(13)(A), in introductory provisions, substituted “submitted to the Archivist” for “submitted to him” in two places and “the Archivist may” for “he may”.
Subsec. (c). Pub. L. 113–187, § 8(13)(B), substituted “the Archivist considers” for “he considers” in introductory provisions.
Pub. L. 113–187, § 5(d), substituted “the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate” for “the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives” in introductory provisions.
Subsec. (e). Pub. L. 113–187, § 8(13)(C), substituted “the Archivist’s” for “his”.
Subsec. (f). Pub. L. 113–187, § 8(13)(D), substituted “the Archivist considers” for “he considers”.
2004—Subsec. (d). Pub. L. 108–383 struck out at end “A Federal agency may request changes in such schedules for its records pursuant to section 2909 of this title.”
1996—Subsec. (c). Pub. L. 104–186 substituted “House Oversight” for “House Administration”.
1984—Pub. L. 98–497, § 107(b)(25)(B), substituted “Archivist” for “Administrator of General Services” in section catchline.
Subsec. (a). Pub. L. 98–497, § 107(b)(24), substituted “Archivist” for “Administrator of General Services” and “Archivist” for “Administrator”.
Pub. L. 98–497, § 204, inserted “, after publication of notice in the Federal Register and an opportunity for interested persons to submit comment thereon” after “may” in second sentence.
Subsecs. (b) to (f). Pub. L. 98–497, § 107(b)(24)(B), substituted “Archivist” for “Administrator” wherever appearing.
1978—Subsec. (b). Pub. L. 95–440, § 1(a), made schedules promulgated by Administrator under subsec. (d) of this section mandatory; inserted provision for application of authorization providing for shorter retention period as between an authorization granted under lists and schedules submitted under section 3303 of this title and an authorization in a schedule promulgated under subsec. (d) of this section; and struck out provision making permissive authorizations granted under subsec. (d) schedules.
Subsec. (d). Pub. L. 95–440, § 1(b), (c), substituted “shall” for “may” in first sentence and authorized Federal agencies to request changes in disposal schedules for its records pursuant to section 2909 of this title.
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress,
Amendment by Pub. L. 98–497 effective
For termination, effective
Section 3304, Pub. L. 90–620,
Section 3305, Pub. L. 90–620,
Section 3306, Pub. L. 90–620,
Section 3307, Pub. L. 90–620,
When it appears to the Archivist that an agency has in its custody, or is accumulating, records of the same form or character as those of the same agency previously authorized to be disposed of, he may empower the head of the agency to dispose of the records, after they have been in existence a specified period of time, in accordance with regulations promulgated under section 3302 of this title and without listing or scheduling them.
Based on 44 U.S. Code, 1964 ed., § 373 (July 7, 1943, ch. 192, § 8, 57 Stat. 382; June 30, 1949, ch. 288, title I, § 104(a), 63 Stat. 381).
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services”.
1970—Pub. L. 91–287 struck out “by Congress” after “authorized”.
Amendment by Pub. L. 98–497 effective
Records pertaining to claims and demands by or against the Government of the United States or to accounts in which the Government of the United States is concerned, either as debtor or creditor, may not be disposed of by the head of an agency under authorization granted under this chapter, until the claims, demands, and accounts have been settled and adjusted in the Government Accountability Office, except upon the written approval of the Comptroller General of the United States.
Based on 44 U.S. Code, 1964 ed., § 374 (July 7, 1943, ch. 192, § 9, 57 Stat. 382).
2004—Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in section catchline and text.
1970—Pub. L. 91–287 substituted “under this chapter” for “under sections 3306–3308 of this title”.
When the Archivist and the head of the agency that has custody of them jointly determine that records in the custody of an agency of the United States Government are a continuing menace to human health or life or to property, the Archivist shall eliminate the menace immediately by any method he considers necessary. When records in the custody of the Archivist are disposed of under this section, the Archivist shall report their disposal to the agency from which they were transferred.
Based on 44 U.S. Code, 1964 ed., § 375 (July 7, 1943, ch. 192, § 10, 57 Stat. 382; June 30, 1949, ch. 288, title I, § 104(a), 63 Stat. 381).
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services” and “Archivist” for “Administrator” wherever appearing.
Amendment by Pub. L. 98–497 effective
Based on 44 U.S. Code, 1964 ed., § 376 (July 7, 1943, ch. 192, § 11, 57 Stat. 382; June 30, 1949, ch. 288, title I, § 104(a), 63 Stat. 381).
1984—Pub. L. 98–497 substituted “Archivist” for “Administrator of General Services” in section catchline and text.
Amendment by Pub. L. 98–497 effective
Photographs, microphotographs of records, or digitized records made in compliance with regulations under section 3302 of this title shall have the same effect as the originals and shall be treated as originals for the purpose of their admissibility in evidence. Certified or authenticated reproductions of the photographs, microphotographs, or digitized records shall be admitted in evidence equally with the original photographs, microphotographs, or digitized records.
Based on 44 U.S. Code, 1964 ed., § 378 (July 7, 1943, ch. 192, § 13, 57 Stat. 382).
2014—Pub. L. 113–187 substituted “Photographs, microphotographs of records, or digitized records” for “Photographs or microphotographs of records” and substituted “photographs, microphotographs, or digitized records” for “photographs or microphotographs” in two places.
Moneys derived by agencies of the Government from the sale of records disposed of under this chapter shall be paid into the Treasury of the United States unless otherwise required by law.
Based on 44 U.S. Code, 1964 ed., § 379 (July 7, 1943, ch. 192, § 14, 57 Stat. 383).
The procedures prescribed by this chapter are exclusive, and records of the United States Government may not be alienated or destroyed except under this chapter.
Based on 44 U.S. Code, 1964 ed., § 380 (July 7, 1943, ch. 192, § 15, 57 Stat. 383).
Section 3315, added Pub. L. 93–526, title II, § 202,
Section 3316, added Pub. L. 93–526, title II, § 202,
Section 3317, added Pub. L. 93–526, title II, § 202,
Section 3318, added Pub. L. 93–526, title II, § 202,
Section 3319, added Pub. L. 93–526, title II, § 202,
Section 3320, added Pub. L. 93–526, title II, § 202,
Section 3321, added Pub. L. 93–526, title II, § 202,
Section 3322, added Pub. L. 93–526, title II, § 202,
Section 3323, added Pub. L. 93–526, title II, § 202,
Section 3324, added Pub. L. 93–526, title II, § 202,
This chapter was originally added by Pub. L. 90–620,
2019—Pub. L. 115–435, title II, § 202(d)(2)(A), (e)(2), (f)(2), title III, §§ 302(b), 303(b),
2018—Pub. L. 115–114, § 2(b),
2014—Pub. L. 113–283, § 2(e)(1),
2002—Pub. L. 107–347, title III, § 301(b)(2),
Pub. L. 107–296, title X, § 1001(b)(2),
Pub. L. 107–198, § 3(b),
2000—Pub. L. 106–398, § 1 [[div. A], title X, § 1064(a)(1)],
1995—Pub. L. 104–13, § 2,
1980—Pub. L. 96–511, § 2(a),
2000—Pub. L. 106–398, § 1 [[div. A], title X, § 1064(a)(2)],
Section 11332 of title 40, referred to in par. (8)(B), was repealed by Pub. L. 107–296, title X, § 1005(a)(1),
A prior section 3501, added Pub. L. 96–511, § 2(a),
Another prior section 3501, Pub. L. 90–620,
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).
Amendment by Pub. L. 106–398 effective 30 days after
Pub. L. 104–13, § 4,
This chapter is popularly known as the “Paperwork Reduction Act”.
Pub. L. 118–187, “This Act may be cited as the ‘Source code Harmonization And Reuse in Information Technology Act’ or the ‘SHARE IT Act’. “Not later than 2 years after the date of enactment of this Act [ “Nothing in this Act may be construed as requiring the disclosure of information or records that are exempt from public disclosure under section 552 of title 5, United States Code (commonly known as the ‘Freedom of Information Act’). “Not later than 1 year after the date of enactment of this Act, the Federal Acquisition Regulation shall be revised as necessary to implement the provisions of this Act. “No additional funds are authorized to be appropriated to carry out this Act.”
Pub. L. 118–31, div. G, title VI, § 7605,
Pub. L. 115–336, “This Act may be cited as the ‘21st Century Integrated Digital Experience Act’ or the ‘21st Century IDEA’. “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.).
Pub. L. 107–347, title II, “Except as otherwise provided, in this title the definitions under sections 3502 and 3601 of title 44, United States Code, shall apply. [Amended section 303(a) of Pub. L. 102–140, set out as a note under section 1913 of Title 28, Judiciary and Judicial Procedure.] [Enacted chapter 37 of Title 5, Government Organization and Employees.] [Amended analysis for part III of Title 5.] [Amended section 207 of Title 18, Crimes and Criminal Procedure.] [Amended section 1905 of Title 18.] [Amended section 207 of Title 18.] [Amended section 423 of Title 41, Public Contracts.] [Amended sections 3111, 4108, and 7353 of Title 5.] [Amended section 209 of Title 18.] [Amended section 125(c)(1) of Pub. L. 100–238, set out as a note under section 8432 of Title 5.] [Enacted former section 2332 of Title 10, Armed Forces.] [Enacted section 266a of Title 41.] [Repealed section 11521 of Title 40, Public Buildings, Property, and Works.] [Amended sections 11501 to 11505 of Title 40.] [Redesignated 11522 of Title 40 as 11521 and amended headings and analysis.] [Amended section 502 of Title 40.]
Pub. L. 107–347, title III, § 301(c)(1)(A),
[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.]
Pub. L. 107–347, title III, § 301(c)(2),
Pub. L. 107–347, title V,
Pub. L. 101–508, title IV, § 4711(f),
Ex. Ord. No. 13556,
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:
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.
(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.
(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.
(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.
(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.
(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
Memorandum of President of the United States,
Memorandum for the Heads of Executive Departments and Agencies
As I outlined in my State of the Union address to the Congress on
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.
A prior section 3502, added Pub. L. 96–511, § 2(a),
Another prior section 3502, Pub. L. 90–620,
2019—Pars. (15) to (23). Pub. L. 115–435 added pars. (15) to (23).
2010—Par. (5). Pub. L. 111–203, § 1100D(a), which directed amendment of section 2(5) of the Paperwork Reduction Act (44 U.S.C. 3502(5)) by inserting “the Bureau of Consumer Financial Protection, the Office of Financial Research,” after “the Securities and Exchange Commission,”, was executed to this section to reflect the probable intent of Congress.
Pub. L. 111–203, § 315, inserted “Office of the Comptroller of the Currency,” after “the Securities and Exchange Commission,”.
2008—Par. (5). Pub. L. 110–289 substituted “Federal Housing Finance Agency” for “Federal Housing Finance Board”.
2006—Par. (5). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission”.
2004—Par. (1)(A). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
2002—Par. (9). Pub. L. 107–217 substituted “section 11101 of title 40” for “section 5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401)” and “section 11103 of title 40” for “section 5142 of that Act (40 U.S.C. 1452)”.
2000—Pub. L. 106–398 substituted “subchapter” for “chapter” in introductory provisions.
1997—Par. (9). Pub. L. 105–85 substituted “the Clinger-Cohen Act of 1996 (40 U.S.C. 1401)” for “the Information Technology Management Reform Act of 1996” and inserted “(40 U.S.C. 1452)” after “that Act”.
1996—Par. (9). Pub. L. 104–106 added par. (9) and struck out former par. (9) which read as follows: “the term ‘information technology’ has the same meaning as the term ‘automatic data processing equipment’ as defined by section 111(a)(2) and (3)(C)(i) through (v) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(a)(2) and (3)(C)(i) through (v));”.
Amendment by Pub. L. 115–435 effective 180 days after
Amendment by section 315 of Pub. L. 111–203 effective 1 day after
Amendment by section 1100D(a) of Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.
Amendment by Pub. L. 106–398 effective 30 days after
Amendment by Pub. L. 104–106 effective 180 days after
Section effective
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective
A prior section 3503, added Pub. L. 96–511, § 2(a),
Another prior section 3503, Pub. L. 90–620,
2000—Subsec. (b). Pub. L. 106–398 substituted “subchapter” for “chapter”.
Amendment by Pub. L. 106–398 effective 30 days after
Section effective
Pub. L. 96–511, § 3,
[Section 101(m) [title VIII, § 833] of Pub. L. 99–500 and Pub. L. 99–591 provided that:
The date of enactment of the Small Business Paperwork Relief Act of 2002, referred to in subsec. (c)(6), is the date of enactment of Pub. L. 107–198, which was approved
Section 4 of the MAPS Act of 2021, referred to in subsec. (e)(10), is section 4 of Pub. L. 117–219, which is set out as a note under section 6102 of Title 31, Money and Finance.
The text of section 11331 of title 40, referred to in subsec. (h)(1)(B), was generally amended by Pub. L. 117–167, div. B, title II, § 10246(f),
Section 322 of title 40, referred to in subsec. (h)(2), was repealed by Pub. L. 109–313, § 3(h)(1),
A prior section 3504, added Pub. L. 96–511, § 2(a),
Another prior section 3504, Pub. L. 90–620,
2022—Subsec. (e)(10). Pub. L. 117–219 added par. (10).
2019—Subsec. (b)(2)(A). Pub. L. 115–435, § 202(d)(2)(B), substituted “the use of comprehensive data inventories and the Federal data catalogue under section 3511” for “the use of the Government Information Locator Service”.
Subsec. (b)(6). Pub. L. 115–435, § 202(b), added par. (6).
2002—Subsec. (c)(6). Pub. L. 107–198 added par. (6).
Subsec. (g)(1). Pub. L. 107–296, § 1005(c)(1)(A), and Pub. L. 107–347, § 305(c)(1)(A), amended par. (1) identically, inserting “and” at end.
Subsec. (g)(2). Pub. L. 107–347, § 305(c)(1)(B), substituted “section 11331 of title 40 and subchapter II of this chapter” for “sections 11331 and 11332(b) and (c) of title 40” and a period for “; and” at end.
Pub. L. 107–296, § 1005(c)(1)(B), which directed amendment of par. (2) by substituting “section 11331 of title 40 and subchapter II of this title” for “sections 11331 and 11332(b) and (c) of title 40” and a period for the semicolon, could not be executed because of amendment by Pub. L. 107–347, § 305(c)(1)(B). See Amendment note above and Effective Date of 2002 Amendments notes below.
Pub. L. 107–217, § 3(l)(5)(A), substituted “sections 11331 and 11332(b) and (c) of title 40” for “section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441), and sections 5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)”.
Subsec. (g)(3). Pub. L. 107–296, § 1005(c)(1)(C), and Pub. L. 107–347, § 305(c)(1)(C), amended subsec. (g) identically, striking out par. (3) which read as follows: “require Federal agencies, consistent with the standards and guidelines promulgated under sections 11331 and 11332(b) and (c) of title 40, to identify and afford security protections commensurate with the risk and magnitude of the harm resulting from the loss, misuse, or unauthorized access to or modification of information collected or maintained by or on behalf of an agency.”
Pub. L. 107–217, § 3(l)(5)(B), substituted “sections 11331 and 11332(b) and (c) of title 40” for “section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and sections 5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)”.
Subsec. (h)(1)(B). Pub. L. 107–217, § 3(l)(5)(C), substituted “section 11331 of title 40” for “section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441)”.
Subsec. (h)(2). Pub. L. 107–217, § 3(l)(5)(D), substituted “subtitle III of title 40” for “division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)” and “section 322 of title 40” for “section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757)”.
2000—Subsecs. (a)(2), (d)(2), (f)(1). Pub. L. 106–398 substituted “subchapter” for “chapter”.
1998—Subsec. (a)(1)(B)(vi). Pub. L. 105–277 amended cl. (vi) generally. Prior to amendment, cl. (vi) read as follows: “the acquisition and use of information technology.”
1997—Subsecs. (g)(2), (3), (h)(1)(B). Pub. L. 105–85, § 1073(h)(5)(C), substituted “Clinger-Cohen Act of 1996 (40 U.S.C. 1441)” for “Information Technology Management Reform Act of 1996”.
Subsec. (h)(2). Pub. L. 105–85, § 1073(h)(5)(B), substituted “division E of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.)” for “the Information Technology Management Reform Act of 1996”.
1996—Subsec. (g)(2). Pub. L. 104–106, § 5131(e)(1)(A), substituted “sections 20 and 21 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3 and 278g–4), section 5131 of the Information Technology Management Reform Act of 1996, and sections 5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)” for “the Computer Security Act of 1987 (40 U.S.C. 759 note)”.
Subsec. (g)(3). Pub. L. 104–106, § 5131(e)(1)(B), substituted “the standards and guidelines promulgated under section 5131 of the Information Technology Management Reform Act of 1996 and sections 5 and 6 of the Computer Security Act of 1987 (40 U.S.C. 759 note)” for “the Computer Security Act of 1987 (40 U.S.C. 759 note)”.
Subsec. (h)(1)(B). Pub. L. 104–106, § 5605(b), substituted “section 5131 of the Information Technology Management Reform Act of 1996” for “section 111(d) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(d))”.
Subsec. (h)(2). Pub. L. 104–106, § 5605(c), substituted “the Information Technology Management Reform Act of 1996 and directives issued under section 110 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757)” for “sections 110 and 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 757 and 759)”.
Amendment by Pub. L. 115–435 effective 180 days after
Pub. L. 107–347, title IV, § 402(b),
Amendment by Pub. L. 107–296 effective 60 days after
Amendment by Pub. L. 106–398 effective 30 days after
Amendment by Pub. L. 104–106 effective 180 days after
Section effective
Pub. L. 105–277, div. C, title XVII, “This title may be cited as the ‘Government Paperwork Elimination Act’. “[Amended this section.] “In order to fulfill the responsibility to administer the functions assigned under chapter 35 of title 44, United States Code, the provisions of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106) [see Short Title of 1996 Amendment Act set out under section 101 of Title 41] and the amendments made by that Act, and the provisions of this title, the Director of the Office of Management and Budget shall, not later than 18 months after the date of enactment of this Act [ “Electronic records submitted or maintained in accordance with procedures developed under this title, or electronic signatures or other forms of electronic authentication used in accordance with such procedures, shall not be denied legal effect, validity, or enforceability because such records are in electronic form. “Except as provided by law, information collected in the provision of electronic signature services for communications with an executive agency, as provided by this title, shall only be used or disclosed by persons who obtain, collect, or maintain such information as a business or government practice, for the purpose of facilitating such communications, or with the prior affirmative consent of the person about whom the information pertains.
A prior section 3505, added Pub. L. 96–511, § 2(a),
Another prior section 3505, Pub. L. 90–620,
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).
Amendment by Pub. L. 107–347 effective
Amendment by Pub. L. 107–296 effective 60 days after
Amendment by Pub. L. 106–398 effective 30 days after
Section effective
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
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
A prior section 3506, added Pub. L. 96–511, § 2(a),
Another prior section 3506, Pub. L. 90–620,
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).
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.
Pub. L. 115–435, title II, § 202(c)(3),
Amendment by Pub. L. 107–347 effective
Amendment by Pub. L. 107–296 effective 60 days after
Amendment by Pub. L. 106–398 effective 30 days after
Amendment by Pub. L. 104–106 effective 180 days after
Section effective
Pub. L. 115–435, title II, § 202(c)(2),
Ex. Ord. No. 13073,
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:
(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.
(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 quarterly 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.
(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.
(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.
A prior section 3507, added Pub. L. 96–511, § 2(a),
Another prior section 3507, Pub. L. 90–620,
2000—Subsecs. (e)(3)(B), (h), (j). Pub. L. 106–398 substituted “subchapter” for “chapter” wherever appearing.
1996—Subsec. (j)(2). Pub. L. 104–106 substituted “180 days” for “90 days”.
Amendment by Pub. L. 106–398 effective 30 days after
Amendment by Pub. L. 104–106 effective 180 days after
Section effective
Before approving a proposed collection of information, the Director shall determine whether the collection of information by the agency is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility. Before making a determination the Director may give the agency and other interested persons an opportunity to be heard or to submit statements in writing. To the extent, if any, that the Director determines that the collection of information by an agency is unnecessary for any reason, the agency may not engage in the collection of information.
A prior section 3508, added Pub. L. 96–511, § 2(a),
Another prior section 3508, Pub. L. 90–620,
Section effective
The Director may designate a central collection agency to obtain information for two or more agencies if the Director determines that the needs of such agencies for information will be adequately served by a single collection agency, and such sharing of data is not inconsistent with applicable law. In such cases the Director shall prescribe (with reference to the collection of information) the duties and functions of the collection agency so designated and of the agencies for which it is to act as agent (including reimbursement for costs). While the designation is in effect, an agency covered by the designation may not obtain for itself information for the agency which is the duty of the collection agency to obtain. The Director may modify the designation from time to time as circumstances require. The authority to designate under this section is subject to the provisions of section 3507(f) of this subchapter.
A prior section 3509, added Pub. L. 96–511, § 2(a),
Another prior section 3509, Pub. L. 90–620,
2000—Pub. L. 106–398 substituted “subchapter” for “chapter”.
Amendment by Pub. L. 106–398 effective 30 days after
Section effective
A prior section 3510, added Pub. L. 96–511, § 2(a),
Another prior section 3510, Pub. L. 90–620,
Section effective
A prior section 3511, added Pub. L. 96–511, § 2(a),
Another prior section 3511, Pub. L. 90–620,
2019—Pub. L. 115–435 amended section generally. Prior to amendment, section related to establishment and operation of Government Information Locator Service.
2014—Subsec. (a)(3). Pub. L. 113–235 substituted “Director of the Government Publishing Office” for “Public Printer”.
Amendment by Pub. L. 115–435 effective 180 days after
Section effective
A prior section 3512, added Pub. L. 96–511, § 2(a),
Another prior section 3512, added Pub. L. 93–153, title IV, § 409(b),
2000—Subsec. (a). Pub. L. 106–398 substituted “subchapter” for “chapter” in introductory provisions and par. (1).
Amendment by Pub. L. 106–398 effective 30 days after
Section effective
A prior section 3513, added Pub. L. 96–511, § 2(a),
2010—Subsec. (c). Pub. L. 111–203 added subsec. (c).
Amendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.
Section effective
A prior section 3514, added Pub. L. 96–511, § 2(a),
2000—Subsec. (a)(1)(A), (2)(A)(ii). Pub. L. 106–398 substituted “subchapter” for “chapter” wherever appearing.
Amendment by Pub. L. 106–398 effective 30 days after
Section effective
For termination, effective
Upon the request of the Director, each agency (other than an independent regulatory agency) shall, to the extent practicable, make its services, personnel, and facilities available to the Director for the performance of functions under this subchapter.
A prior section 3515, added Pub. L. 96–511, § 2(a),
2000—Pub. L. 106–398 substituted “subchapter” for “chapter”.
Amendment by Pub. L. 106–398 effective 30 days after
Section effective
The Director shall promulgate rules, regulations, or procedures necessary to exercise the authority provided by this subchapter.
A prior section 3516, added Pub. L. 96–511, § 2(a),
2000—Pub. L. 106–398 substituted “subchapter” for “chapter”.
Amendment by Pub. L. 106–398 effective 30 days after
Section effective
Pub. L. 106–554, § 1(a)(3) [title V, § 515],
A prior section 3517, added Pub. L. 96–511, § 2(a),
2000—Subsec. (b). Pub. L. 106–398 substituted “subchapter” for “chapter” in introductory provisions.
Amendment by Pub. L. 106–398 effective 30 days after
Section effective
Reorganization Plan No. 1 of 1977, referred to in subsec. (b), is set out in the Appendix to Title 5, Government Organization and Employees.
Executive order, referred to in subsec. (b), probably means Ex. Ord. No. 12046,
The Antitrust Civil Process Act, referred to in subsec. (c)(1)(C), is Pub. L. 87–664,
Section 13 of the Federal Trade Commission Improvements Act of 1980, referred to in subsec. (c)(1)(C), is classified to section 57b–1 of Title 15.
Executive Order No. 12333, referred to in subsec. (c)(1)(D), is Ex. Ord. No. 12333,
Section 11332 of title 40, referred to in subsec. (d), was repealed by Pub. L. 107–296, title X, § 1005(a)(1),
A prior section 3518, added Pub. L. 96–511, § 2(a),
2002—Subsec. (d). Pub. L. 107–217 substituted “sections 11331 and 11332 of title 40” for “section 5131 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and the Computer Security Act of 1987 (40 U.S.C. 759 note)”.
2000—Pub. L. 106–398 substituted “subchapter” for “chapter” wherever appearing.
1997—Subsec. (d). Pub. L. 105–85 substituted “Clinger-Cohen Act of 1996 (40 U.S.C. 1441)” for “Information Technology Management Reform Act of 1996”.
1996—Subsec. (d). Pub. L. 104–106 substituted “section 5131 of the Information Technology Management Reform Act of 1996 and the Computer Security Act of 1987 (40 U.S.C. 759 note) on the Secretary of Commerce or” for “Public Law 89–306 on the Administrator of the General Services Administration, the Secretary of Commerce, or”.
Amendment by Pub. L. 106–398 effective 30 days after
Amendment by Pub. L. 104–106 effective 180 days after
Section effective
Under the conditions and procedures prescribed in section 716 of title 31, the Director and personnel in the Office of Information and Regulatory Affairs shall furnish such information as the Comptroller General may require for the discharge of the responsibilities of the Comptroller General. For the purpose of obtaining such information, the Comptroller General or representatives thereof shall have access to all books, documents, papers and records, regardless of form or format, of the Office.
A prior section 3519, added Pub. L. 96–511, § 2(a),
Section effective
A prior section 3520 was renumbered section 3521 of this title.
Another prior section 3520, added Pub. L. 96–511, § 2(a),
2019—Pub. L. 115–435 amended section generally. Prior to amendment, section related to establishment of task force on information collection and dissemination.
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress,
Amendment by Pub. L. 115–435 effective 180 days after
The date of the enactment of this section, referred to in subsec. (e)(1), is the date of enactment of Pub. L. 115–435, which was approved
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress,
Section effective 180 days after
There are authorized to be appropriated to the Office of Information and Regulatory Affairs to carry out the provisions of this subchapter, and for no other purpose, $8,000,000 for each of the fiscal years 1996, 1997, 1998, 1999, 2000, and 2001.
2002—Pub. L. 107–198 renumbered section 3520 of this title as this section.
2000—Pub. L. 106–398 substituted “subchapter” for “chapter”.
Amendment by Pub. L. 106–398 effective 30 days after
Section effective
Sections 3531 to 3538 comprised subchapter II of this chapter “INFORMATION SECURITY”.
Section 3531, added Pub. L. 107–296, title X, § 1001(b)(1),
A prior section 3531, added Pub. L. 106–398, § 1 [[div. A], title X, § 1061],
Section 3532, added Pub. L. 107–296, title X, § 1001(b)(1),
A prior section 3532, added Pub. L. 106–398, § 1 [[div. A], title X, § 1061],
Section 3533, added Pub. L. 107–296, title X, § 1001(b)(1),
A prior section 3533, added Pub. L. 106–398, § 1 [[div. A], title X, § 1061],
Section 3534, added Pub. L. 107–296, title X, § 1001(b)(1),
A prior section 3534, added Pub. L. 106–398, § 1 [[div. A], title X, § 1061],
Section 3535, added Pub. L. 107–296, title X, § 1001(b)(1),
A prior section 3535, added Pub. L. 106–398, § 1 [[div. A], title X, § 1061],
Section 3536, added Pub. L. 107–296, title X, § 1001(b)(1),
A prior section 3536, added Pub. L. 106–398, § 1 [[div. A], title X, § 1061],
Section 3537, added Pub. L. 107–296, title X, § 1001(b)(1),
Section 3538, added Pub. L. 107–296, title X, § 1001(b)(1),
Sections 3541 to 3549 comprised subchapter III of this chapter “INFORMATION SECURITY”.
Section 3541, added Pub. L. 107–347, title III, § 301(b)(1),
Section 3542, added Pub. L. 107–347, title III, § 301(b)(1),
Section 3543, added Pub. L. 107–347, title III, § 301(b)(1),
Section 3544, added Pub. L. 107–347, title III, § 301(b)(1),
Section 3545, added Pub. L. 107–347, title III, § 301(b)(1),
Section 3546, added Pub. L. 107–347, title III, § 301(b)(1),
Section 3547, added Pub. L. 107–347, title III, § 301(b)(1),
Section 3548, added Pub. L. 107–347, title III, § 301(b)(1),
Section 3549, added Pub. L. 107–347, title III, § 301(b)(1),
Provisions similar to this section were contained in sections 3531 and 3541 of this title prior to repeal by Pub. L. 113–283.
Pub. L. 114–4, title V, § 547,
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 113–76, div. F, title V, § 554,
Pub. L. 113–6, div. D, title V, § 558,
Ex. Ord. No. 14028,
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:
Incremental improvements will not give us the security we need; instead, the Federal Government needs to make bold changes and significant investments in order to defend the vital institutions that underpin the American way of life. The Federal Government must bring to bear the full scope of its authorities and resources to protect and secure its computer systems, whether they are cloud-based, on-premises, or hybrid. The scope of protection and security must include systems that process data (information technology (IT)) and those that run the vital machinery that ensures our safety (operational technology (OT)).
It is the policy of my Administration that the prevention, detection, assessment, and remediation of cyber incidents is a top priority and essential to national and economic security. The Federal Government must lead by example. All Federal Information Systems should meet or exceed the standards and requirements for cybersecurity set forth in and issued pursuant to this order.
(b) Within 60 days of the date of this order [
(c) The recommended contract language and requirements described in subsection (b) of this section shall be designed to ensure that:
(i) service providers collect and preserve data, information, and reporting relevant to cybersecurity event prevention, detection, response, and investigation on all information systems over which they have control, including systems operated on behalf of agencies, consistent with agencies’ requirements;
(ii) service providers share such data, information, and reporting, as they relate to cyber incidents or potential incidents relevant to any agency with which they have contracted, directly with such agency and any other agency that the Director of OMB, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence, deems appropriate, consistent with applicable privacy laws, regulations, and policies;
(iii) service providers collaborate with Federal cybersecurity or investigative agencies in their investigations of and responses to incidents or potential incidents on Federal Information Systems, including by implementing technical capabilities, such as monitoring networks for threats in collaboration with agencies they support, as needed; and
(iv) service providers share cyber threat and incident information with agencies, doing so, where possible, in industry-recognized formats for incident response and remediation.
(d) Within 90 days of receipt of the recommendations described in subsection (b) of this section, the FAR Council shall review the proposed contract language and conditions and, as appropriate, shall publish for public comment proposed updates to the FAR.
(e) Within 120 days of the date of this order, the Secretary of Homeland Security and the Director of OMB shall take appropriate steps to ensure to the greatest extent possible that service providers share data with agencies, CISA, and the FBI as may be necessary for the Federal Government to respond to cyber threats, incidents, and risks.
(f) It is the policy of the Federal Government that:
(i) information and communications technology (ICT) service providers entering into contracts with agencies must promptly report to such agencies when they discover a cyber incident involving a software product or service provided to such agencies or involving a support system for a software product or service provided to such agencies;
(ii) ICT service providers must also directly report to CISA whenever they report under subsection (f)(i) of this section to Federal Civilian Executive Branch (FCEB) Agencies, and CISA must centrally collect and manage such information; and
(iii) reports pertaining to National Security Systems, as defined in section 10(h) of this order, must be received and managed by the appropriate agency as to be determined under subsection (g)(i)(E) of this section.
(g) To implement the policy set forth in subsection (f) of this section:
(i) Within 45 days of the date of this order, the Secretary of Homeland Security, in consultation with the Secretary of Defense acting through the Director of the National Security Agency (NSA), the Attorney General, and the Director of OMB, shall recommend to the FAR Council contract language that identifies:
(A) the nature of cyber incidents that require reporting;
(B) the types of information regarding cyber incidents that require reporting to facilitate effective cyber incident response and remediation;
(C) appropriate and effective protections for privacy and civil liberties;
(D) the time periods within which contractors must report cyber incidents based on a graduated scale of severity, with reporting on the most severe cyber incidents not to exceed 3 days after initial detection;
(E) National Security Systems reporting requirements; and
(F) the type of contractors and associated service providers to be covered by the proposed contract language.
(ii) Within 90 days of receipt of the recommendations described in subsection (g)(i) of this section, the FAR Council shall review the recommendations and publish for public comment proposed updates to the FAR.
(iii) Within 90 days of the date of this order, the Secretary of Defense acting through the Director of the NSA, the Attorney General, the Secretary of Homeland Security, and the Director of National Intelligence shall jointly develop procedures for ensuring that cyber incident reports are promptly and appropriately shared among agencies.
(h) Current cybersecurity requirements for unclassified system contracts are largely implemented through agency-specific policies and regulations, including cloud-service cybersecurity requirements. Standardizing common cybersecurity contractual requirements across agencies will streamline and improve compliance for vendors and the Federal Government.
(i) Within 60 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA, in consultation with the Secretary of Defense acting through the Director of the NSA, the Director of OMB, and the Administrator of General Services, shall review agency-specific cybersecurity requirements that currently exist as a matter of law, policy, or contract and recommend to the FAR Council standardized contract language for appropriate cybersecurity requirements. Such recommendations shall include consideration of the scope of contractors and associated service providers to be covered by the proposed contract language.
(j) Within 60 days of receiving the recommended contract language developed pursuant to subsection (i) of this section, the FAR Council shall review the recommended contract language and publish for public comment proposed updates to the FAR.
(k) Following any updates to the FAR made by the FAR Council after the public comment period described in subsection (j) of this section, agencies shall update their agency-specific cybersecurity requirements to remove any requirements that are duplicative of such FAR updates.
(l) The Director of OMB shall incorporate into the annual budget process a cost analysis of all recommendations developed under this section.
(b) Within 60 days of the date of this order, the head of each agency shall:
(i) update existing agency plans to prioritize resources for the adoption and use of cloud technology as outlined in relevant OMB guidance;
(ii) develop a plan to implement Zero Trust Architecture, which shall incorporate, as appropriate, the migration steps that the National Institute of Standards and Technology (NIST) within the Department of Commerce has outlined in standards and guidance, describe any such steps that have already been completed, identify activities that will have the most immediate security impact, and include a schedule to implement them; and
(iii) provide a report to the Director of OMB and the Assistant to the President and National Security Advisor (APNSA) discussing the plans required pursuant to subsection (b)(i) and (ii) of this section.
(c) As agencies continue to use cloud technology, they shall do so in a coordinated, deliberate way that allows the Federal Government to prevent, detect, assess, and remediate cyber incidents. To facilitate this approach, the migration to cloud technology shall adopt Zero Trust Architecture, as practicable. The CISA shall modernize its current cybersecurity programs, services, and capabilities to be fully functional with cloud-computing environments with Zero Trust Architecture. The Secretary of Homeland Security acting through the Director of CISA, in consultation with the Administrator of General Services acting through the Federal Risk and Authorization Management Program (FedRAMP) within the General Services Administration, shall develop security principles governing Cloud Service Providers (CSPs) for incorporation into agency modernization efforts. To facilitate this work:
(i) Within 90 days of the date of this order, the Director of OMB, in consultation with the Secretary of Homeland Security acting through the Director of CISA, and the Administrator of General Services acting through FedRAMP, shall develop a Federal cloud-security strategy and provide guidance to agencies accordingly. Such guidance shall seek to ensure that risks to the FCEB from using cloud-based services are broadly understood and effectively addressed, and that FCEB Agencies move closer to Zero Trust Architecture.
(ii) Within 90 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA, in consultation with the Director of OMB and the Administrator of General Services acting through FedRAMP, shall develop and issue, for the FCEB, cloud-security technical reference architecture documentation that illustrates recommended approaches to cloud migration and data protection for agency data collection and reporting.
(iii) Within 60 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA shall develop and issue, for FCEB Agencies, a cloud-service governance framework. That framework shall identify a range of services and protections available to agencies based on incident severity. That framework shall also identify data and processing activities associated with those services and protections.
(iv) Within 90 days of the date of this order, the heads of FCEB Agencies, in consultation with the Secretary of Homeland Security acting through the Director of CISA, shall evaluate the types and sensitivity of their respective agency’s unclassified data, and shall provide to the Secretary of Homeland Security through the Director of CISA and to the Director of OMB a report based on such evaluation. The evaluation shall prioritize identification of the unclassified data considered by the agency to be the most sensitive and under the greatest threat, and appropriate processing and storage solutions for those data.
(d) Within 180 days of the date of this order, agencies shall adopt multi-factor authentication and encryption for data at rest and in transit, to the maximum extent consistent with Federal records laws and other applicable laws. To that end:
(i) Heads of FCEB Agencies shall provide reports to the Secretary of Homeland Security through the Director of CISA, the Director of OMB, and the APNSA on their respective agency’s progress in adopting multifactor authentication and encryption of data at rest and in transit. Such agencies shall provide such reports every 60 days after the date of this order until the agency has fully adopted, agency-wide, multi-factor authentication and data encryption.
(ii) Based on identified gaps in agency implementation, CISA shall take all appropriate steps to maximize adoption by FCEB Agencies of technologies and processes to implement multifactor authentication and encryption for data at rest and in transit.
(iii) Heads of FCEB Agencies that are unable to fully adopt multi-factor authentication and data encryption within 180 days of the date of this order shall, at the end of the 180-day period, provide a written rationale to the Secretary of Homeland Security through the Director of CISA, the Director of OMB, and the APNSA.
(e) Within 90 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA, in consultation with the Attorney General, the Director of the FBI, and the Administrator of General Services acting through the Director of FedRAMP, shall establish a framework to collaborate on cybersecurity and incident response activities related to FCEB cloud technology, in order to ensure effective information sharing among agencies and between agencies and CSPs.
(f) Within 60 days of the date of this order, the Administrator of General Services, in consultation with the Director of OMB and the heads of other agencies as the Administrator of General Services deems appropriate, shall begin modernizing FedRAMP by:
(i) establishing a training program to ensure agencies are effectively trained and equipped to manage FedRAMP requests, and providing access to training materials, including videos-on-demand;
(ii) improving communication with CSPs through automation and standardization of messages at each stage of authorization. These communications may include status updates, requirements to complete a vendor’s current stage, next steps, and points of contact for questions;
(iii) incorporating automation throughout the lifecycle of FedRAMP, including assessment, authorization, continuous monitoring, and compliance;
(iv) digitizing and streamlining documentation that vendors are required to complete, including through online accessibility and pre-populated forms; and
(v) identifying relevant compliance frameworks, mapping those frameworks onto requirements in the FedRAMP authorization process, and allowing those frameworks to be used as a substitute for the relevant portion of the authorization process, as appropriate.
(b) Within 30 days of the date of this order, the Secretary of Commerce acting through the Director of NIST shall solicit input from the Federal Government, private sector, academia, and other appropriate actors to identify existing or develop new standards, tools, and best practices for complying with the standards, procedures, or criteria in subsection (e) of this section. The guidelines shall include criteria that can be used to evaluate software security, include criteria to evaluate the security practices of the developers and suppliers themselves, and identify innovative tools or methods to demonstrate conformance with secure practices.
(c) Within 180 days of the date of this order, the Director of NIST shall publish preliminary guidelines, based on the consultations described in subsection (b) of this section and drawing on existing documents as practicable, for enhancing software supply chain security and meeting the requirements of this section.
(d) Within 360 days of the date of this order, the Director of NIST shall publish additional guidelines that include procedures for periodic review and updating of the guidelines described in subsection (c) of this section.
(e) Within 90 days of publication of the preliminary guidelines pursuant to subsection (c) of this section, the Secretary of Commerce acting through the Director of NIST, in consultation with the heads of such agencies as the Director of NIST deems appropriate, shall issue guidance identifying practices that enhance the security of the software supply chain. Such guidance may incorporate the guidelines published pursuant to subsections (c) and (i) of this section. Such guidance shall include standards, procedures, or criteria regarding:
(i) secure software development environments, including such actions as:
(A) using administratively separate build environments;
(B) auditing trust relationships;
(C) establishing multi-factor, risk-based authentication and conditional access across the enterprise;
(D) documenting and minimizing dependencies on enterprise products that are part of the environments used to develop, build, and edit software;
(E) employing encryption for data; and
(F) monitoring operations and alerts and responding to attempted and actual cyber incidents;
(ii) generating and, when requested by a purchaser, providing artifacts that demonstrate conformance to the processes set forth in subsection (e)(i) of this section;
(iii) employing automated tools, or comparable processes, to maintain trusted source code supply chains, thereby ensuring the integrity of the code;
(iv) employing automated tools, or comparable processes, that check for known and potential vulnerabilities and remediate them, which shall operate regularly, or at a minimum prior to product, version, or update release;
(v) providing, when requested by a purchaser, artifacts of the execution of the tools and processes described in subsection (e)(iii) and (iv) of this section, and making publicly available summary information on completion of these actions, to include a summary description of the risks assessed and mitigated;
(vi) maintaining accurate and up-to-date data, provenance (i.e., origin) of software code or components, and controls on internal and third-party software components, tools, and services present in software development processes, and performing audits and enforcement of these controls on a recurring basis;
(vii) providing a purchaser a Software Bill of Materials (SBOM) for each product directly or by publishing it on a public website;
(viii) participating in a vulnerability disclosure program that includes a reporting and disclosure process;
(ix) attesting to conformity with secure software development practices; and
(x) ensuring and attesting, to the extent practicable, to the integrity and provenance of open source software used within any portion of a product.
(f) Within 60 days of the date of this order, the Secretary of Commerce, in coordination with the Assistant Secretary for Communications and Information and the Administrator of the National Telecommunications and Information Administration, shall publish minimum elements for an SBOM.
(g) Within 45 days of the date of this order, the Secretary of Commerce, acting through the Director of NIST, in consultation with the Secretary of Defense acting through the Director of the NSA, the Secretary of Homeland Security acting through the Director of CISA, the Director of OMB, and the Director of National Intelligence, shall publish a definition of the term “critical software” for inclusion in the guidance issued pursuant to subsection (e) of this section. That definition shall reflect the level of privilege or access required to function, integration and dependencies with other software, direct access to networking and computing resources, performance of a function critical to trust, and potential for harm if compromised.
(h) Within 30 days of the publication of the definition required by subsection (g) of this section, the Secretary of Homeland Security acting through the Director of CISA, in consultation with the Secretary of Commerce acting through the Director of NIST, shall identify and make available to agencies a list of categories of software and software products in use or in the acquisition process meeting the definition of critical software issued pursuant to subsection (g) of this section.
(i) Within 60 days of the date of this order, the Secretary of Commerce acting through the Director of NIST, in consultation with the Secretary of Homeland Security acting through the Director of CISA and with the Director of OMB, shall publish guidance outlining security measures for critical software as defined in subsection (g) of this section, including applying practices of least privilege, network segmentation, and proper configuration.
(j) Within 30 days of the issuance of the guidance described in subsection (i) of this section, the Director of OMB acting through the Administrator of the Office of Electronic Government within OMB shall take appropriate steps to require that agencies comply with such guidance.
(k) Within 30 days of issuance of the guidance described in subsection (e) of this section, the Director of OMB acting through the Administrator of the Office of Electronic Government within OMB shall take appropriate steps to require that agencies comply with such guidelines with respect to software procured after the date of this order.
(l) Agencies may request an extension for complying with any requirements issued pursuant to subsection (k) of this section. Any such request shall be considered by the Director of OMB on a case-by-case basis, and only if accompanied by a plan for meeting the underlying requirements. The Director of OMB shall on a quarterly basis provide a report to the APNSA identifying and explaining all extensions granted.
(m) Agencies may request a waiver as to any requirements issued pursuant to subsection (k) of this section. Waivers shall be considered by the Director of OMB, in consultation with the APNSA, on a case-by-case basis, and shall be granted only in exceptional circumstances and for limited duration, and only if there is an accompanying plan for mitigating any potential risks.
(n) Within 1 year of the date of this order, the Secretary of Homeland Security, in consultation with the Secretary of Defense, the Attorney General, the Director of OMB, and the Administrator of the Office of Electronic Government within OMB, shall recommend to the FAR Council contract language requiring suppliers of software available for purchase by agencies to comply with, and attest to complying with, any requirements issued pursuant to subsections (g) through (k) of this section.
(o) After receiving the recommendations described in subsection (n) of this section, the FAR Council shall review the recommendations and, as appropriate and consistent with applicable law, amend the FAR.
(p) Following the issuance of any final rule amending the FAR as described in subsection (o) of this section, agencies shall, as appropriate and consistent with applicable law, remove software products that do not meet the requirements of the amended FAR from all indefinite delivery indefinite quantity contracts; Federal Supply Schedules; Federal Government-wide Acquisition Contracts; Blanket Purchase Agreements; and Multiple Award Contracts.
(q) The Director of OMB, acting through the Administrator of the Office of Electronic Government within OMB, shall require agencies employing software developed and procured prior to the date of this order (legacy software) either to comply with any requirements issued pursuant to subsection (k) of this section or to provide a plan outlining actions to remediate or meet those requirements, and shall further require agencies seeking renewals of software contracts, including legacy software, to comply with any requirements issued pursuant to subsection (k) of this section, unless an extension or waiver is granted in accordance with subsection (l) or (m) of this section.
(r) Within 60 days of the date of this order, the Secretary of Commerce acting through the Director of NIST, in consultation with the Secretary of Defense acting through the Director of the NSA, shall publish guidelines recommending minimum standards for vendors’ testing of their software source code, including identifying recommended types of manual or automated testing (such as code review tools, static and dynamic analysis, software composition tools, and penetration testing).
(s) The Secretary of Commerce acting through the Director of NIST, in coordination with representatives of other agencies as the Director of NIST deems appropriate, shall initiate pilot programs informed by existing consumer product labeling programs to educate the public on the security capabilities of internet-of-Things (IoT) devices and software development practices, and shall consider ways to incentivize manufacturers and developers to participate in these programs.
(t) Within 270 days of the date of this order, the Secretary of Commerce acting through the Director of NIST, in coordination with the Chair of the Federal Trade Commission (FTC) and representatives of other agencies as the Director of NIST deems appropriate, shall identify IoT cybersecurity criteria for a consumer labeling program, and shall consider whether such a consumer labeling program may be operated in conjunction with or modeled after any similar existing government programs consistent with applicable law. The criteria shall reflect increasingly comprehensive levels of testing and assessment that a product may have undergone, and shall use or be compatible with existing labeling schemes that manufacturers use to inform consumers about the security of their products. The Director of NIST shall examine all relevant information, labeling, and incentive programs and employ best practices. This review shall focus on ease of use for consumers and a determination of what measures can be taken to maximize manufacturer participation.
(u) Within 270 days of the date of this order, the Secretary of Commerce acting through the Director of NIST, in coordination with the Chair of the FTC and representatives from other agencies as the Director of NIST deems appropriate, shall identify secure software development practices or criteria for a consumer software labeling program, and shall consider whether such a consumer software labeling program may be operated in conjunction with or modeled after any similar existing government programs, consistent with applicable law. The criteria shall reflect a baseline level of secure practices, and if practicable, shall reflect increasingly comprehensive levels of testing and assessment that a product may have undergone. The Director of NIST shall examine all relevant information, labeling, and incentive programs, employ best practices, and identify, modify, or develop a recommended label or, if practicable, a tiered software security rating system. This review shall focus on ease of use for consumers and a determination of what measures can be taken to maximize participation.
(v) These pilot programs shall be conducted in a manner consistent with OMB Circular A–119 and NIST Special Publication 2000–02 (Conformity Assessment Considerations for Federal Agencies).
(w) Within 1 year of the date of this order, the Director of NIST shall conduct a review of the pilot programs, consult with the private sector and relevant agencies to assess the effectiveness of the programs, determine what improvements can be made going forward, and submit a summary report to the APNSA.
(x) Within 1 year of the date of this order, the Secretary of Commerce, in consultation with the heads of other agencies as the Secretary of Commerce deems appropriate, shall provide to the President, through the APNSA, a report that reviews the progress made under this section and outlines additional steps needed to secure the software supply chain.
(b) The Board shall review and assess, with respect to significant cyber incidents (as defined under Presidential Policy Directive 41 of
(c) The Secretary of Homeland Security shall convene the Board following a significant cyber incident triggering the establishment of a Cyber Unified Coordination Group (UCG) as provided by section V(B)(2) of PPD–41; at any time as directed by the President acting through the APNSA; or at any time the Secretary of Homeland Security deems necessary.
(d) The Board’s initial review shall relate to the cyber activities that prompted the establishment of a UCG in December 2020, and the Board shall, within 90 days of the Board’s establishment, provide recommendations to the Secretary of Homeland Security for improving cybersecurity and incident response practices, as outlined in subsection (i) of this section.
(e) The Board’s membership shall include Federal officials and representatives from private-sector entities. The Board shall comprise representatives of the Department of Defense, the Department of Justice, CISA, the NSA, and the FBI, as well as representatives from appropriate private-sector cybersecurity or software suppliers as determined by the Secretary of Homeland Security. A representative from OMB shall participate in Board activities when an incident under review involves FCEB Information Systems, as determined by the Secretary of Homeland Security. The Secretary of Homeland Security may invite the participation of others on a case-by-case basis depending on the nature of the incident under review.
(f) The Secretary of Homeland Security shall biennially designate a Chair and Deputy Chair of the Board from among the members of the Board, to include one Federal and one private-sector member.
(g) The Board shall protect sensitive law enforcement, operational, business, and other confidential information that has been shared with it, consistent with applicable law.
(h) The Secretary of Homeland Security shall provide to the President through the APNSA any advice, information, or recommendations of the Board for improving cybersecurity and incident response practices and policy upon completion of its review of an applicable incident.
(i) Within 30 days of completion of the initial review described in subsection (d) of this section, the Secretary of Homeland Security shall provide to the President through the APNSA the recommendations of the Board based on the initial review. These recommendations shall describe:
(i) identified gaps in, and options for, the Board’s composition or authorities;
(ii) the Board’s proposed mission, scope, and responsibilities;
(iii) membership eligibility criteria for private-sector representatives;
(iv) Board governance structure including interaction with the executive branch and the Executive Office of the President;
(v) thresholds and criteria for the types of cyber incidents to be evaluated;
(vi) sources of information that should be made available to the Board, consistent with applicable law and policy;
(vii) an approach for protecting the information provided to the Board and securing the cooperation of affected United States individuals and entities for the purpose of the Board’s review of incidents; and
(viii) administrative and budgetary considerations required for operation of the Board.
(j) The Secretary of Homeland Security, in consultation with the Attorney General and the APNSA, shall review the recommendations provided to the President through the APNSA pursuant to subsection (i) of this section and take steps to implement them as appropriate.
(k) Unless otherwise directed by the President, the Secretary of Homeland Security shall extend the life of the Board every 2 years as the Secretary of Homeland Security deems appropriate, pursuant to section 871 of the Homeland Security Act of 2002.
(b) Within 120 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA, in consultation with the Director of OMB, the Federal Chief Information Officers Council, and the Federal Chief Information Security Council, and in coordination with the Secretary of Defense acting through the Director of the NSA, the Attorney General, and the Director of National Intelligence, shall develop a standard set of operational procedures (playbook) to be used in planning and conducting a cybersecurity vulnerability and incident response activity respecting FCEB Information Systems. The playbook shall:
(i) incorporate all appropriate NIST standards;
(ii) be used by FCEB Agencies; and
(iii) articulate progress and completion through all phases of an incident response, while allowing flexibility so it may be used in support of various response activities.
(c) The Director of OMB shall issue guidance on agency use of the playbook.
(d) Agencies with cybersecurity vulnerability or incident response procedures that deviate from the playbook may use such procedures only after consulting with the Director of OMB and the APNSA and demonstrating that these procedures meet or exceed the standards proposed in the playbook.
(e) The Director of CISA, in consultation with the Director of the NSA, shall review and update the playbook annually, and provide information to the Director of OMB for incorporation in guidance updates.
(f) To ensure comprehensiveness of incident response activities and build confidence that unauthorized cyber actors no longer have access to FCEB Information Systems, the playbook shall establish, consistent with applicable law, a requirement that the Director of CISA review and validate FCEB Agencies’ incident response and remediation results upon an agency’s completion of its incident response. The Director of CISA may recommend use of another agency or a third-party incident response team as appropriate.
(g) To ensure a common understanding of cyber incidents and the cybersecurity status of an agency, the playbook shall define key terms and use such terms consistently with any statutory definitions of those terms, to the extent practicable, thereby providing a shared lexicon among agencies using the playbook.
(b) FCEB Agencies shall deploy an Endpoint Detection and Response (EDR) initiative to support proactive detection of cybersecurity incidents within Federal Government infrastructure, active cyber hunting, containment and remediation, and incident response.
(c) Within 30 days of the date of this order, the Secretary of Homeland Security acting through the Director of CISA shall provide to the Director of OMB recommendations on options for implementing an EDR initiative, centrally located to support host-level visibility, attribution, and response regarding FCEB Information Systems.
(d) Within 90 days of receiving the recommendations described in subsection (c) of this section, the Director of OMB, in consultation with Secretary of Homeland Security, shall issue requirements for FCEB Agencies to adopt Federal Government-wide EDR approaches. Those requirements shall support a capability of the Secretary of Homeland Secretary, acting through the Director of CISA, to engage in cyber hunt, detection, and response activities.
(e) The Director of OMB shall work with the Secretary of Homeland Security and agency heads to ensure that agencies have adequate resources to comply with the requirements issued pursuant to subsection (d) of this section.
(f) Defending FCEB Information Systems requires that the Secretary of Homeland Security acting through the Director of CISA have access to agency data that are relevant to a threat and vulnerability analysis, as well as for assessment and threat-hunting purposes. Within 75 days of the date of this order, agencies shall establish or update Memoranda of Agreement (MOA) with CISA for the Continuous Diagnostics and Mitigation Program to ensure object level data, as defined in the MOA, are available and accessible to CISA, consistent with applicable law.
(g) Within 45 days of the date of this order, the Director of the NSA as the National Manager for National Security Systems (National Manager) shall recommend to the Secretary of Defense, the Director of National Intelligence, and the Committee on National Security Systems (CNSS) appropriate actions for improving detection of cyber incidents affecting National Security Systems, to the extent permitted by applicable law, including recommendations concerning EDR approaches and whether such measures should be operated by agencies or through a centralized service of common concern provided by the National Manager.
(h) Within 90 days of the date of this order, the Secretary of Defense, the Director of National Intelligence, and the CNSS shall review the recommendations submitted under subsection (g) of this section and, as appropriate, establish policies that effectuate those recommendations, consistent with applicable law.
(i) Within 90 days of the date of this order, the Director of CISA shall provide to the Director of OMB and the APNSA a report describing how authorities granted under section 1705 of Public Law 116–283 [amending 44 U.S.C. 3553], to conduct threat-hunting activities on FCEB networks without prior authorization from agencies, are being implemented. This report shall also recommend procedures to ensure that mission-critical systems are not disrupted, procedures for notifying system owners of vulnerable government systems, and the range of techniques that can be used during testing of FCEB Information Systems. The Director of CISA shall provide quarterly reports to the APNSA and the Director of OMB regarding actions taken under section 1705 of Public Law 116–283.
(j) To ensure alignment between Department of Defense Information Network (DODIN) directives and FCEB Information Systems directives, the Secretary of Defense and the Secretary of Homeland Security, in consultation with the Director of OMB, shall:
(i) within 60 days of the date of this order, establish procedures for the Department of Defense and the Department of Homeland Security to immediately share with each other Department of Defense Incident Response Orders or Department of Homeland Security Emergency Directives and Binding Operational Directives applying to their respective information networks;
(ii) evaluate whether to adopt any guidance contained in an Order or Directive issued by the other Department, consistent with regulations concerning sharing of classified information; and
(iii) within 7 days of receiving notice of an Order or Directive issued pursuant to the procedures established under subsection (j)(i) of this section, notify the APNSA and Administrator of the Office of Electronic Government within OMB of the evaluation described in subsection (j)(ii) of this section, including a determination whether to adopt guidance issued by the other Department, the rationale for that determination, and a timeline for application of the directive, if applicable.
(b) Within 14 days of the date of this order, the Secretary of Homeland Security, in consultation with the Attorney General and the Administrator of the Office of Electronic Government within OMB, shall provide to the Director of OMB recommendations on requirements for logging events and retaining other relevant data within an agency’s systems and networks. Such recommendations shall include the types of logs to be maintained, the time periods to retain the logs and other relevant data, the time periods for agencies to enable recommended logging and security requirements, and how to protect logs. Logs shall be protected by cryptographic methods to ensure integrity once collected and periodically verified against the hashes throughout their retention. Data shall be retained in a manner consistent with all applicable privacy laws and regulations. Such recommendations shall also be considered by the FAR Council when promulgating rules pursuant to section 2 of this order.
(c) Within 90 days of receiving the recommendations described in subsection (b) of this section, the Director of OMB, in consultation with the Secretary of Commerce and the Secretary of Homeland Security, shall formulate policies for agencies to establish requirements for logging, log retention, and log management, which shall ensure centralized access and visibility for the highest level security operations center of each agency.
(d) The Director of OMB shall work with agency heads to ensure that agencies have adequate resources to comply with the requirements identified in subsection (c) of this section.
(e) To address cyber risks or incidents, including potential cyber risks or incidents, the proposed recommendations issued pursuant to subsection (b) of this section shall include requirements to ensure that, upon request, agencies provide logs to the Secretary of Homeland Security through the Director of CISA and to the FBI, consistent with applicable law. These requirements should be designed to permit agencies to share log information, as needed and appropriate, with other Federal agencies for cyber risks or incidents.
(b) Nothing in this order shall alter the authority of the National Manager with respect to National Security Systems as defined in National Security Directive 42 of
(a) the term “agency” has the meaning ascribed to it under 44 U.S.C. 3502.
(b) the term “auditing trust relationship” means an agreed-upon relationship between two or more system elements that is governed by criteria for secure interaction, behavior, and outcomes relative to the protection of assets.
(c) the term “cyber incident” has the meaning ascribed to an “incident” under 44 U.S.C. 3552(b)(2).
(d) the term “Federal Civilian Executive Branch Agencies” or “FCEB Agencies” includes all agencies except for the Department of Defense and agencies in the Intelligence Community.
(e) the term “Federal Civilian Executive Branch Information Systems” or “FCEB Information Systems” means those information systems operated by Federal Civilian Executive Branch Agencies, but excludes National Security Systems.
(f) the term “Federal Information Systems” means an information system used or operated by an agency or by a contractor of an agency or by another organization on behalf of an agency, including FCEB Information Systems and National Security Systems.
(g) the term “Intelligence Community” or “IC” has the meaning ascribed to it under 50 U.S.C. 3003(4).
(h) the term “National Security Systems” means information systems as defined in 44 U.S.C. 3552(b)(6), 3553(e)(2), and 3553(e)(3).
(i) the term “logs” means records of the events occurring within an organization’s systems and networks. Logs are composed of log entries, and each entry contains information related to a specific event that has occurred within a system or network.
(j) the term “Software Bill of Materials” or “SBOM” means a formal record containing the details and supply chain relationships of various components used in building software. Software developers and vendors often create products by assembling existing open source and commercial software components. The SBOM enumerates these components in a product. It is analogous to a list of ingredients on food packaging. An SBOM is useful to those who develop or manufacture software, those who select or purchase software, and those who operate software. Developers often use available open source and third-party software components to create a product; an SBOM allows the builder to make sure those components are up to date and to respond quickly to new vulnerabilities. Buyers can use an SBOM to perform vulnerability or license analysis, both of which can be used to evaluate risk in a product. Those who operate software can use SBOMs to quickly and easily determine whether they are at potential risk of a newly discovered vulnerability. A widely used, machine-readable SBOM format allows for greater benefits through automation and tool integration. The SBOMs gain greater value when collectively stored in a repository that can be easily queried by other applications and systems. Understanding the supply chain of software, obtaining an SBOM, and using it to analyze known vulnerabilities are crucial in managing risk.
(k) the term “Zero Trust Architecture” means a security model, a set of system design principles, and a coordinated cybersecurity and system management strategy based on an acknowledgement that threats exist both inside and outside traditional network boundaries. The Zero Trust security model eliminates implicit trust in any one element, node, or service and instead requires continuous verification of the operational picture via real-time information from multiple sources to determine access and other system responses. In essence, a Zero Trust Architecture allows users full access but only to the bare minimum they need to perform their jobs. If a device is compromised, zero trust can ensure that the damage is contained. The Zero Trust Architecture security model assumes that a breach is inevitable or has likely already occurred, so it constantly limits access to only what is needed and looks for anomalous or malicious activity. Zero Trust Architecture embeds comprehensive security monitoring; granular risk-based access controls; and system security automation in a coordinated manner throughout all aspects of the infrastructure in order to focus on protecting data in real-time within a dynamic threat environment. This data-centric security model allows the concept of least-privileged access to be applied for every access decision, where the answers to the questions of who, what, when, where, and how are critical for appropriately allowing or denying access to resources based on the combination of sever.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.
(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) Nothing in this order confers authority to interfere with or to direct a criminal or national security investigation, arrest, search, seizure, or disruption operation or to alter a legal restriction that requires an agency to protect information learned in the course of a criminal or national security investigation.
Provisions similar to this section were contained in sections 3532 and 3542 of this title prior to repeal by Pub. L. 113–283.
Section 230(b)(1) of the Homeland Security Act of 2002, referred to in subsec. (h)(3)(A), is section 230(b)(1) of title II of Pub. L. 107–296, as added by Pub. L. 114–113, div. N, title II, § 223(a)(6),
The Homeland Security Act of 2002, referred to in subsec. (l)(1), is Pub. L. 107–296,
Provisions similar to this section were contained in sections 3533 and 3543 of this title prior to repeal by Pub. L. 113–283.
2021—Subsec. (b)(7) to (9). Pub. L. 116–283, § 1705(1), added pars. (7) and (8) and redesignated former par. (7) as (9).
Subsec. (l). Pub. L. 116–283, § 1705(2), added subsec. (l).
2019—Subsecs. (j), (k). Pub. L. 116–92 added subsec. (j) and redesignated former subsec. (j) as (k).
2018—Subsec. (a)(5). Pub. L. 115–390 inserted “and section 1326 of title 41” after “compliance with the requirements of this subchapter”.
2015—Subsec. (b)(6)(B). Pub. L. 114–113, § 224(e), inserted “, operating, and maintaining” after “deploying”.
Subsecs. (h) to (j). Pub. L. 114–113, § 229(a), added subsecs. (h) to (j).
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress,
Amendment by Pub. L. 115–390 effective 90 days after
Pub. L. 115–390, title II, § 204(b),
Pub. L. 117–328, div. R, “This division may be cited as the ‘No TikTok on Government Devices Act’.
Pub. L. 113–283, § 2(d),
Similar provisions were contained in Pub. L. 113–282, § 7(b),
Provisions similar to this section were contained in sections 3534 and 3544 of this title prior to repeal by Pub. L. 113–283.
2018—Subsec. (a)(1)(B). Pub. L. 115–390, § 204(a)(2)(A), inserted “, subchapter III of chapter 13 of title 41,” after “complying with the requirements of this subchapter” in introductory provisions.
Subsec. (a)(1)(B)(vi). Pub. L. 115–390, § 204(a)(2)(B), (C), added cl. (vi).
2015—Subsec. (a)(1)(B)(v). Pub. L. 114–113 added cl. (v).
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress,
Amendment by Pub. L. 115–390 effective 90 days after
Pub. L. 113–283, § 2(b),
Provisions similar to this section were contained in sections 3535 and 3545 of this title prior to repeal by Pub. L. 113–283.
2022—Subsec. (b)(1). Pub. L. 117–286 substituted “chapter 4 of title 5,” for “the Inspector General Act of 1978,”.
Provisions similar to this section were contained in section 3546 of this title prior to repeal by Pub. L. 113–283.
Provisions similar to this section were contained in sections 3536 and 3547 of this title prior to repeal by Pub. L. 113–283.
Pub. L. 117–263, div. F, title LXIII, § 6309,
[For definitions of “intelligence community” and “congressional intelligence committees” as used in section 6309 of Pub. L. 117–263, set out above, see section 3003 of Title 50, War and National Defense, as made applicable by section 6002 of Pub. L. 117–263, which is set out as a note under section 3003 of Title 50.]
Nothing in this subchapter, section 11331 of title 40, or section 20 of the National Standards 1
Provisions similar to this section were contained in sections 3538 and 3549 of this title prior to repeal by Pub. L. 113–283.
The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 115–114, which was approved
Provisions similar to those in parts A to C of this subchapter were contained in Pub. L. 107–347, title V,
Section effective 180 days after
Pub. L. 115–435, title III, § 302(d),
Pub. L. 115–435, title III, § 303(c),
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress,
Section effective 180 days after
Section effective 180 days after
Section 201 of the Congressional Budget Act of 1974, referred to in subsec. (e), is classified to section 601 of Title 2, The Congress.
Section 6103 of the Internal Revenue Code of 1986, referred to in subsec. (h), is classified to section 6103 of Title 26, Internal Revenue Code.
Section effective 180 days after
Section effective 180 days after
Section effective 180 days after
The International Investment and Trade in Services Survey Act, referred to in par. (5), is Pub. L. 94–472,
Section effective 180 days after
Section effective 180 days after
The date of the enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 115–435, which was approved
Section effective 180 days after
Section effective 180 days after
Section effective 180 days after
Pub. L. 117–263, div. E, title LIX, § 5921(d)(2),
2022—Pub. L. 117–263, div. E, title LIX, § 5921(d)(2),
Pub. L. 117–263, div. E, title LIX, § 5921(c),
Pub. L. 117–263, div. E, title LIX, § 5921(d)(2),
The Alaska Native Claims Settlement Act, referred to in par. (8)(B), is Pub. L. 92–203,
Pub. L. 107–347, title IV, § 402(a),
Pub. L. 118–31, div. E, title LIII, § 5302(a),
Pub. L. 118–31, div. E, title LIII, § 5302(d),
Pub. L. 113–291, div. A, title VIII, § 834,
[Amendment by section 5302(c) of Pub. L. 118–31, which substituted “2026” for “2022” in the date of repeal in section 834(e) of Pub. L. 113–291, set out above, was executed as directed to reflect the probable intent of Congress, even though the amendment was enacted on
[Pub. L. 115–88 and Pub. L. 115–91 amended section 834(e) of Pub. L. 113–291, set out above, identically by striking “2018” and inserting “2020”.]
Pub. L. 110–161, div. D, title VII, § 737,
[Provisions similar to subsecs. (a), (d), and (e) of section 737 of Pub. L. 110–161, set out above, were contained in sections of subsequent appropriations acts which are not set out in the Code.]
Pub. L. 107–347, § 2,
Memorandum of President of the United States,
Memorandum for the Heads of Executive Departments and Agencies
The innovative use of technology is fundamentally transforming how the American people do business and live their daily lives. Exponential increases in computing power, the rise of high-speed networks, and the growing mobile revolution have put the Internet at our fingertips, encouraging innovations that are giving rise to new industries and reshaping existing ones.
Innovators in the private sector and the Federal Government have used these technological advances to fundamentally change how they serve their customers. However, it is time for the Federal Government to do more. For far too long, the American people have been forced to navigate a labyrinth of information across different Government programs in order to find the services they need. In addition, at a time when Americans increasingly pay bills and buy tickets on mobile devices, Government services often are not optimized for smartphones or tablets, assuming the services are even available online.
On
Today, the CIO is releasing that strategy, entitled “Digital Government: Building a 21st Century Platform to Better Serve the American People” (Strategy), which provides agencies with a 12-month roadmap that focuses on several priority areas. The Strategy will enable more efficient and coordinated digital service delivery by requiring agencies to establish specific, measurable goals for delivering better digital services; encouraging agencies to deliver information in new ways that fully utilize the power and potential of mobile and web-based technologies; ensuring the safe and secure delivery and use of digital services to protect information and privacy; requiring agencies to establish central online resources for outside developers and to adopt new standards for making applicable Government information open and machine-readable by default; aggregating agencies’ online resource pages for developers in a centralized catalogue on www.Data.gov; and requiring agencies to use web performance analytics and customer satisfaction measurement tools on all “.gov” websites.
Ultimately, this Strategy will ensure that agencies use emerging technologies to serve the public as effectively as possible. As a Government, and as a trusted provider of services, we must never forget who our customers are—the American people.
In order to ensure that agencies make the best use of emerging technologies in serving the public, I hereby direct each agency to take the following actions:
(1) implement the requirements of the Strategy within 12 months of the date of this memorandum and comply with the timeframes for specific actions specified therein; and
(2) within 90 days of the date of this memorandum, create a page on its website, located at www.[agency].gov/digitalstrategy, to publicly report progress in meeting the requirements of the Strategy in a machine-readable format.
This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations, and with appropriate protections for privacy and civil liberties.
The Director of the Office of Management and Budget is authorized and directed to publish this memorandum in the Federal Register.
The E-Government Act of 2002, referred to in text, is Pub. L. 107–347,
The Government Paperwork Elimination Act, referred to in subsec. (d)(4), is title XVII of Pub. L. 105–277, div. C,
The Federal Information Security Management Act of 2002, referred to in subsec. (d)(5), probably means title III of Pub. L. 107–347,
Section effective 120 days after
The E-Government Act of 2002, referred to in subsec. (f)(4), is Pub. L. 107–347,
No act with the name the “Federal Records Act”, referred to in subsec. (f)(7), has been enacted. The Federal Records Act of 1950, which has a similar name, was title V of act June 30, 1949, ch. 288, as added Sept. 5, 1950, ch. 849, § 6(d), 64 Stat. 583, which was classified generally to sections 392 to 396 and 397 to 401 of former Title 44, Public Printing and Documents. Section 6(d) of act
Section effective 120 days after
Section 204 of the E-Government Act of 2002, referred to in subsec. (d), is section 204 of Pub. L. 107–347, which is set out in a note under section 3501 of this title.
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress,
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective
Section effective 120 days after
Section effective 120 days after
The E-Government Act of 2002, referred to in subsec. (b)(3), is Pub. L. 107–347,
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress,
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective
Section effective 120 days after
For repeal of section by section 5921(d)(1) of Pub. L. 117–263, see Effective Date of Repeal note below.
Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress,
Pub. L. 117–263, div. E, title LIX, § 5921(d)(1),
Pub. L. 117–263, div. E, title LIX, § 5921(e),
There is established within the General Services Administration the Federal Risk and Authorization Management Program. The Administrator, subject to section 3614, shall establish a Government-wide program that provides a standardized, reusable approach to security assessment and authorization for cloud computing products and services that process unclassified information used by agencies.
For repeal of section by section 5921(d)(1) of Pub. L. 117–263, see Effective Date of Repeal note below.
Pub. L. 117–263, div. E, title LIX, § 5921(d)(1),
For rule of construction regarding section 5921 of Pub. L. 117–263, see section 5921(e) of Pub. L. 117–263, set out as a note under section 3607 of this title.
For repeal of section by section 5921(d)(1) of Pub. L. 117–263, see Effective Date of Repeal note below.
The date of enactment of this section, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 117–263, which was approved
Pub. L. 117–263, div. E, title LIX, § 5921(d)(1),
For rule of construction regarding section 5921 of Pub. L. 117–263, see section 5921(e) of Pub. L. 117–263, set out as a note under section 3607 of this title.
For repeal of section by section 5921(d)(1) of Pub. L. 117–263, see Effective Date of Repeal note below.
Pub. L. 117–263, div. E, title LIX, § 5921(d)(1),
For rule of construction regarding section 5921 of Pub. L. 117–263, see section 5921(e) of Pub. L. 117–263, set out as a note under section 3607 of this title.
The Administrator may determine whether FedRAMP may use an independent assessment service to analyze, validate, and attest to the quality and compliance of security assessment materials provided by cloud service providers during the course of a determination of whether to use a cloud computing product or service.
For repeal of section by section 5921(d)(1) of Pub. L. 117–263, see Effective Date of Repeal note below.
Pub. L. 117–263, div. E, title LIX, § 5921(d)(1),
For rule of construction regarding section 5921 of Pub. L. 117–263, see section 5921(e) of Pub. L. 117–263, set out as a note under section 3607 of this title.
For repeal of section by section 5921(d)(1) of Pub. L. 117–263, see Effective Date of Repeal note below.
Pub. L. 117–263, div. E, title LIX, § 5921(d)(1),
For rule of construction regarding section 5921 of Pub. L. 117–263, see section 5921(e) of Pub. L. 117–263, set out as a note under section 3607 of this title.
For repeal of section by section 5921(d)(1) of Pub. L. 117–263, see Effective Date of Repeal note below.
Pub. L. 117–263, div. E, title LIX, § 5921(d)(1),
For rule of construction regarding section 5921 of Pub. L. 117–263, see section 5921(e) of Pub. L. 117–263, set out as a note under section 3607 of this title.
For repeal of section by section 5921(d)(1) of Pub. L. 117–263, see Effective Date of Repeal note below.
Pub. L. 117–263, div. E, title LIX, § 5921(d)(1),
For rule of construction regarding section 5921 of Pub. L. 117–263, see section 5921(e) of Pub. L. 117–263, set out as a note under section 3607 of this title.
For repeal of section by section 5921(d)(1) of Pub. L. 117–263, see Effective Date of Repeal note below.
The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 117–263, which was approved
Pub. L. 117–263, div. E, title LIX, § 5921(d)(1),
For rule of construction regarding section 5921 of Pub. L. 117–263, see section 5921(e) of Pub. L. 117–263, set out as a note under section 3607 of this title.
For repeal of section by section 5921(d)(1) of Pub. L. 117–263, see Effective Date of Repeal note below.
The date of enactment of this section, referred to in subsecs. (b)(2), (c)(2), and (h)(2), is the date of enactment of Pub. L. 117–263, which was approved
Section 14 of the Federal Advisory Committee Act, referred to in subsec. (e), is section 14 of Pub. L. 92–463, which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 1013 of Title 5 by Pub. L. 117–286, §§ 3(a), 7,
Pub. L. 117–263, div. E, title LIX, § 5921(d)(1),
For rule of construction regarding section 5921 of Pub. L. 117–263, see section 5921(e) of Pub. L. 117–263, set out as a note under section 3607 of this title.
Advertisements for contracts for the public service may not be published in any newspaper published and printed in the District of Columbia unless the supplies or labor covered by the advertisement are to be furnished or performed in the District of Columbia or in the adjoining counties of Maryland or Virginia.
Based on 44 U.S. Code, 1964 ed., § 321 (R.S. § 79; June 20, 1874, ch. 328, 18 Stat. 90; Feb. 18, 1875, ch. 80, § 1, 18 Stat. 317; July 31, 1876, ch. 246, 19 Stat. 105; Aug. 2, 1946, ch. 744, § 17(b), 60 Stat. 811; 1950 Reorg. Plan No. 20, § 2(b), eff.
Advertisements, notices, or proposals for an executive department of the Government, or for a bureau or office connected with it, may not be published in a newspaper except under written authority from the head of the department; and a bill for advertising or publication may not be paid unless there is presented with the bill a copy of the written authority.
Based on 44 U.S. Code, 1964 ed., § 324 (R.S. § 3828).
Advertisements, notices, proposals for contracts, and all forms of advertising required by law for the several departments of the Government may be paid for at a price not to exceed the commercial rates charged to private individuals, with the usual discounts. But the heads of the several departments may secure lower terms at special rates when the public interest requires it. The rates shall include the furnishing of lawful evidence, under oath, of publication, to be made and furnished by the printer or publisher making publication.
Based on 44 U.S. Code, 1964 ed., §§ 322, 325 (R.S. § 853; June 20, 1878, ch. 359, § 1, 20 Stat. 216; Sept. 23, 1950, ch. 1010, § 5, 64 Stat. 986).
The second sentence of former section 325 was added. The balance was superseded by former section 322 which will be found in section 3703 of the revision.
2019—Pub. L. 116–94, div. P, title XVI, § 1602(c)(2),
“Government Publishing Office” substituted for “Government Printing Office” in chapter heading on authority of section 1301(b) of Pub. L. 113–235, div. H, title I,
2014—Par. (3). Pub. L. 113–235, § 1301(c)(1), substituted “Director of the Government Publishing Office” for “Public Printer”.
“Government Publishing Office” substituted for “Government Printing Office” in pars. (1) and (3) and concluding provisions on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of this title.
Pub. L. 100–504, title II, § 206,
For short title of title II of Pub. L. 100–504, which enacted this chapter, as the “Government Printing Office Inspector General Act of 1988”, see section 201 of Pub. L. 100–504, set out as a Short Title of 1988 Amendment note under section 101 of this title.
Pub. L. 100–504, title II, § 203,
Pub. L. 100–504, title II, § 205,
2019—Pub. L. 116–94, § 1602(c)(1)(A), inserted “; pay; limits on bonuses; counsel” after “removal” in section catchline.
Subsec. (b). Pub. L. 116–94, § 1602(c)(1)(B), added subsec. (b) and struck out former subsec. (b) which read as follows: “The Inspector General may be removed from office by the Director of the Government Publishing Office. The Director of the Government Publishing Office shall, promptly upon such removal, communicate in writing the reasons for any such removal to each House of the Congress.”
Subsecs. (c) to (e). Pub. L. 116–94, § 1602(c)(1)(C), added subsecs. (c) to (e).
2014—Pub. L. 113–235 substituted “Director of the Government Publishing Office” for “Public Printer” wherever appearing.
Section effective 180 days after
Sections 5 and 6(a)(8) of the Inspector General Act of 1978, referred to in subsecs. (b)(3) and (c)(3)(A), are sections 5 and 6(a)(8) of Pub. L. 95–452, which were set out in the Appendix to Title 5, Government Organization and Employees, and were repealed and restated as sections 405 and 406(a)(8), respectively, of Title 5 by Pub. L. 117–286, §§ 3(b), 7,
2022—Subsec. (a). Pub. L. 117–286 substituted “Sections 404, 405, 406 (other than subsection (a)(7) and (8) thereof), and 407 of title 5” for “Sections 4, 5, 6 (other than subsection (a)(7) and (8) thereof), and 7 of the Inspector General Act of 1978 (Public Law 95–452; 5 U.S.C. App. 3)” in introductory provisions.
2019—Subsec. (b). Pub. L. 116–94, § 1605(c), designated existing provisions as par. (1), inserted “, without the supervision or approval of any other employee, office, or other entity within the Government Publishing Office,” after “is authorized”, and added pars. (2) and (3).
Subsec. (c). Pub. L. 116–94, § 1603(c), added subsec. (c).
Subsec. (d). Pub. L. 116–94, § 1604(c), added subsec. (d).
2014—Subsec. (a). Pub. L. 113–235, § 1301(c)(1), substituted “Director of the Government Publishing Office” for “Public Printer” in introductory provisions and par. (2).
“Government Publishing Office” substituted for “Government Printing Office” wherever appearing in text on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of this title.
Section effective 180 days after
Pub. L. 117–263, div. G, title LXXII, subtitle D, “This subtitle may be cited as the ‘Access to Congressionally Mandated Reports Act’. “The budgetary effects of this subtitle, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010 [2 U.S.C. 931 et seq.], shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this subtitle, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.”
2014—Subsec. (a). Pub. L. 113–235 substituted “Director of the Government Publishing Office” for “Public Printer” in introductory provisions.
Pub. L. 103–40, § 3,
Pub. L. 103–40, § 4(a),
2014—Subsec. (a). Pub. L. 113–235 substituted “Director of the Government Publishing Office” for “Public Printer”.
Not later than December 31 of each odd-numbered year, the Director of the Government Publishing Office shall submit to the Congress, with respect to the two preceding fiscal years, a report on the directory, the system of access, and the electronic storage facility referred to in section 4101(a). The report shall include a description of the functions involved, including a statement of cost savings in comparison with traditional forms of information distribution.
2014—Pub. L. 113–235 substituted “Director of the Government Publishing Office” for “Public Printer”.
Pub. L. 103–40, § 4(b),
As used in this chapter, the term “Federal electronic information” means Federal public information stored electronically.